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Home My WebLink AboutMinutes - City Council - Regular - 7/10/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 10, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of July, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:36 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Gary O. Boren, Council Member Jim Gilbreath, Council Member Frank W. Morrison Absent: Council Members T. J. Patterson and Tom Martin Council Member Patterson arrived at 7:38 a.m. and Council Member Martin arrived at 7:43 a.m. CITIZEN COMMENTS Seven citizens expressed comments to the Council. They were: Alton Black, representing the Elk's Club, appeared to ask the City Council to pass a resolution allowing local charitable organizations to receive an exemption from City property taxes as defined in the Texas Property Tax Code Section 11.184. The following individuals appeared to discuss Citibus route changes and the discontinuation of Saturday bus services: Bobby Stargel, Steve Washburn, Thearl Gaddis, Tina Armstrong, Danette Von Sweeney and Diane Soucy EXECUTIVE SESSION Mayor McDougal stated: "City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to personnel, competitive matters of the public power utility, pending or contemplated litigation, deliberate the purchase, exchange, lease, or value of real property, economic development prospects and to review certified agenda from the prior executive session as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 8:10 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency; Regular City Council Meeting July 10, 2003 Page 12 to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the repair, overhaul and service of generation assets/facilities; to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the acquisition, interconnection and construction of transmission/distribution equipment and facilities; to deliberate, vote and take final action on a competitive matter regarding natural gas supply, service and transportation contracts and amendments thereto by the City of Lubbock. (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Information Technology, Management Services, Parks, Police Department, Right of Way, and Water Utilities). (4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Board of Electrical Examiners Community Relations Task Force Electric Utility Board Keep Lubbock Beautiful Advisory Committee Lubbock Reese Redevelopment Authority Youth Commission — Adults Youth Commission — Students Zoning Board of Adjustment (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Municipal Coliseum, Right of Way). (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.087, to discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City and with which the City is conducting economic development negotiations and/or to deliberate the offer of a financial or other incentive to a business prospect (Texas Tech). (7.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). 10:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Tommy Gonzales, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Gary O. Boren Mayor McDougal called the meeting to order at 10:35 A. M. ( $.) Invocation by Timothy M. Radkey, Senior Pastor of Hope Lutheran Church. ( 9.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. 12 Regular City Council Meeting July 10, 2003 Page 13 10:45 A. M. Council Member Boren arrived Board Appointments Recognition Civic Lubbock, Inc. Board of Directors Receiving: Jane Henry (unable to attend) Jim White Audit Committee Receiving: Jim Brunjes Dan Benson (unable to attend) R.J. Givens Kim Turner Mike Epps City Manager Search Committee Receiving: Dr. Allen T. McInnes (unable to attend) Kevin McMahon Keith Mann Ted Parker Dan Pope (unable to attend) Esther Sepeda Calvin Jackson -Davis City Manager Search Sub -Committee Receiving: Armando Garcia (unable to attend) Shirley Millner (unable to attend) Ronnie Sowell (unable to attend) James Fergerson (unable to attend) Xavier Garcia Rene Pearis-Coleman (unable to attend) Steve Holland (unable to attend) Policy Review Committee Receiving: Dr. Jane Burns (unable to attend) Louise Cummins Ysidro Gutierrez Margaret Ingraham Maurice Jones Wilma Pope George Scott Frank Treadway (unable to attend) Julio Llanas (unable to attend) Liz Sisco Jan Campbell (unable to attend) Ordinance Review Committee Receiving: Ken Corbin Regj i Davis Bernie Gradel James Mahon (unable to attend) Cathy Mottet Mikel Ward Maggie Trejo (unable to attend) Clayton Yeager Mark McBrayer Dub Mantooth (unable to attend) Marjorie Manning CITIZEN APPEARANCES 13 Regular City Council Meeting July 10, 2003 Page 14 (10.) Presentation of a Special Recognition to support the Lubbock MHMR's second annual Back to School Drug Free Rally that will be held at Clapp Park on August 6, 2003. The Lubbock MHMR Youth Advantage Program, Prevention Resource Center, and Neighborhood Involvement Center have teamed up with local businesses and agencies to host the second annual Back to School Drug Free Rally. This event will be held on August 6, 2003 at Clapp Park. The purpose of this event is to allow school -age children the opportunity to interact with local agencies in efforts to provide friendship and guidance. Lubbock MHMR expects between 2,000 and 3,000 children and parents to participate in the event. Currently, there are approximately 30 local agencies that will set up a booth at the park. Many local businesses have also contributed financial resources and other gift donations for the success of this event. Special Recognition was presented to Lubbock MHMR representatives for their efforts in organizing the second annual Back to School Drug Free Rally. CONSENT AGENDA (Items No. 11,12,14-20, 23-31, 34-35, 38— 39) Motion was made by Council Member Hernandez, seconded by Council Member Morrison to approve Items 11 (with the changes outlined and passed out by the City Secretary's Office), 12, 14-20, 23-31, 34-35, 38- 39 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Approval of Minutes: Work Session Minutes June 11, 2003 Regular Council Minutes June 12, 2003 Regular Council Minutes June 19, 2003 Special Council Minutes June 27, 2003 (12.) ORDINANCE 2003-00043 Abandoning and closing the portion of Louisville Avenue between 34th Street and 351h Street located between Lot 1 and Lot 20, Block 1, Sunset Addition to the City of Lubbock and Lot E, Hobgood Addition to the City of Lubbock (3410 Louisville Avenue). Second and Final Reading The next item considered was Item 14. ORDINANCE NO. 2003-00043 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF LOUISVILLE AVENUE LOCATED ADJACENT TO BLOCK ONE (1), SUNSET ADDITION AND BLOCK E, HOBGOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (13.) ORDINANCE 2003-00066 Consider an ordinance amending Chapter 9, Electric Utility, by adding Article III, Sections 9-30 through 9-36 providing for the installation and cost recovery for electric utilities providing underground electric utility distribution service for residential developments when five or more contiguous lots are scheduled for immediate development. Second and Final Reading This item was moved from consent agenda to regular agenda and was considered following Item 39. 14 Regular City Council Meeting July 10, 2003 Page 15 ORDINANCE NO.2003-00066 AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING ARTICLE III, SECTIONS 9-30 THROUGH 9-36 TO THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY PROVIDING INSTALLATION AND COST RECOVERY FOR ELECTRIC UTILITIES PROVIDING UNDERGROUND ELECTRIC UTILITY DISTRIBUTION SERVICE FOR NEW RESIDENTIAL DEVELOPMENTS WHEN FIVE OR MORE CONTIGUOUS LOTS ARE SCHEDULED FOR IMMEDIATE DEVELOPMENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Derrell Oliver, Assistant Director of Electric Utilities and Randy Henson, Senior Planner, gave staff comments. Council Member Hernandez asked Interim City Manager Tommy Gonzalez to furnish in writing the methodology for the cost recovery. Motion was made by Council Member Patterson, seconded by Council Member Martin to pass on second and final reading Ordinance No. 2003-00066 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 21. (14.) ORDINANCE 2003-00069 ZONE CASE NO. 2975 To consider request of Gerald Long for Buslon, Inc. for a zoning change from A-1 to C-4 Specific Use for mini -warehouses on Lots 17-24, Buster Long Addition (5102, 5104, and 5106 Aberdeen Ave. and 5115, 5117, 5119, and 5121 Albany Ave.) Second and Final Reading ORDINANCE NO. 2003-00069 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2975; A ZONING CHANGE FROM A-1 TO C-4 SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON LOTS 17-24, BUSTER LONG ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (15.) ORDINANCE 2003-00070 ZONE CASE NO. 2976 To consider request of Guadalupe Economic Services for a zoning change from R- 1 to C-3 on an unplatted 0.36 - acre tract of land out of Section 17, Block A (2701 Clovis Road). Second and Final Reading ORDINANCE NO.2003-00070 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2976; A ZONING CHANGE FROM R-1 TO C-3 ZONING ON AN UNPLATTED 0.36 ACRE TRACT OF LAND OUT OF SECTION 17, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) ORDINANCE 2003-00072 ZONE CASE NO. 1542-S To consider request of Blake Boyd for Citizens Bank for a zoning change from AM to C-2A for a full service bank with drive-thru windows on Tract B and the east 50 feet of Tract C, South Park Addition (6602 Quaker Ave.). Second and Final Reading ORDINANCE NO. 2003-00072 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1542-S; A ZONING CHANGE FROM AM TO C-2A ZONING ON TRACT B AND THE EAST 50 FEET OF TRACT C, SOUTH PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 15 Regular City Council Meeting July 10, 2003 Page 16 (17.) ORDINANCE 2003-00074 ZONE CASE 2115-G considering request of Craig Wallace Construction for Shelley Larken for a zoning change from C-2A to A-2 limited to a daycare on Lots 231-A, 232-A, and 232- B, Bicentennial Estates (2419, 2421, and 2423 87th Street). Second and Final Reading ORDINANCE NO.2003-00074 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2115-G; A ZONING CHANGE FROM C-2A TO A-2 ZONING LIMITED TO TO A DAYCARE, ON LOTS 231-A, 232-A, AND 232-B, BICENTENNIAL ESTATES, LUBBOCK, TEXAS; PROVIDING A PENALTY; AND SUBJECT TO A CONDITION, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) Ordinance No. 2003-00075 abandoning and closing a 10-foot wide drainage easement located in Lots 86 and 87, Ridgewood II Addition to the City of Lubbock and a 10-foot wide drainage easement and a 20-foot wide drainage easement located in Lot 7, Commanders Addition to the City of Lubbock (6504 215t Street). First Reading ORDINANCE NO.2003-00075 AN ORDINANCE ABANDONING AND CLOSING A 10 FOOT DRAINAGE EASEMENT LOCATED IN LOTS 86 AND 87, IN THE RIDGEWOOD II ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A 10-FOOT WIDE DRAINAGE EASEMENT AND A 20-FOOT WIDE DRAINAGE EASEMENT LOCATED IN LOT 7, COMMANDERS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 10-foot wide drainage easement that was dedicated by plat along the west five feet of Lot 86 and the east five feet of Lot 87 of the Ridgewood II Addition (North side of 21 st street, just west of Milwaukee Avenue) and a 10-foot wide and a 20-foot wide drainage easement in the north portion of Lot 7, Commanders Addition. Lot 7 was located where Ridgewood II Addition is now located and these two easements were never closed. This area has been replatted and these drainage easements are no longer needed. The Right -of -Way Department recommended approval of the first reading of this ordinance. (19.) Ordinance No. 2003-00076 amending the City of Lubbock Wastewater Ordinance to address new specific pollutant limitations, wastewater contribution permits and compliance activities. ORDINANCE NO.2003-00076 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE WASTEWATER SYSTEM OF THE CITY OF LUBBOCK; DEFINITIONS OF AFFECTED TERMS; ABBREVIATIONS AND DESIGNATED MEANINGS; GENERAL DISCHARGE PROHIBITIONS; SPECIFIC POLLUTANT LIMITATIONS; NATIONAL CATEGORICAL PRETREATMENT STANDARDS; AFFIRMATIVE DEFENSE -ACT OF GOD; REGULATION OF WASTE RECEIVED FROM OUTSIDE MUNICIPAL JURISDICTION; INDUSTRIAL PERMITTING; PERMIT APPLICATION; PERMIT CONDITIONS; WASTEWATER DISCHARGE PERMIT REVOCATION; COMPLIANCE DATA REPORT; BASELINE MONITORING REPORTS; RECORD KEEPING; SAMPLE COLLECTION; SEARCH WARRANTS; ADMINISTRATIVE PROCEDURES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 16 Regular City Council Meeting July 10, 2003 Page 17 The City of Lubbock has an Environmental Protection Agency (EPA) approved Pretreatment Program that monitors industrial and commercial wastewater discharges to the Southeast Water Reclamation Plant (SEWRP). In April 2001, the SEWRP was issued a Texas Pollution Discharge Elimination System (TPDES) permit. This permit required staff to reassess the pollutant limits for industrial and commercial facilities that discharge into Lubbock's sewer system. The purpose of the reassessment is to ensure that wastewater discharged into the sewer system can treated to at least stream quality water and will meet stream quality standards. The purpose of this amendment is to amend the current wastewater quality parameters and to address other changes required as a result of a review performed by the Texas Commission on Environmental Quality (TCEQ). The amendment will include updating terminology and other minor changes to bring the pretreatment program up to federal code. FISCAL IMPACT: No new fiscal impact. Staff recommended approval of the first reading of this ordinance. (20.) Resolution No. 2003-RO252 authorizing the Mayor to execute a resolution releasing a 3,889.60 sq. ft. portion of Texas Department of Transportation right-of-way for TXDOT to convey to the abutting property owner (5712 I-27). RESOLUTION NO.2003-RO252 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Whereas, a Right -of -Way Deed exists in Block One (1), Drive In Subdivision, an Addition to the City of Lubbock, Lubbock County, Texas, being a part of that 3,889.60 sq ft tract of land conveyed by Robert James Key to the State of Texas in Right -of -Way Deed recorded in Volume 6197, Page 150, Real Property Records of Lubbock County, Texas and adjoining that tract of land conveyed to Dwarkesh Corporation in Warranty Deed recorded in Volume 6899, Page 193, Real Property Records of Lubbock County, Texas; Whereas, the land specified is no longer needed for the use of citizens as a road; Whereas, a release of the right-of-way would enable an abutting landowner more efficient use of the land; Whereas, the Texas Department of Transportation has made this request of the City of Lubbock. Whereas, the property description for said right-of-way are attached in Exhibits "A" & "B" of this resolution; NOW THEREFORE, BE IT RESOLVED that the City of Lubbock does not interpose any objection for the State to sell and release the said right-of-way to the abutting landowner. 17 Regular City Council Meeting July 10, 2003 Page 18 Adopted this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney TXDOT has been approached by the property owner at 58`h street and I-27 to purchase a 3,889.60 sq. ft. portion of excess I-27 right-of-way. This excess portion of I-27 is no longer needed by TXDOT and will be sold to the abutting property owner, Dwarkesh Corporation. TXDOT has requested that the City give permission for this sale. The Right -of -Way Department recommended approval of this resolution. The next item considered was Item 23. (21.) Resolution No. 2003-RO266 authorizing the Mayor to execute a lease with Bleacher's Sports Cafe for use of a City parking lot (1910 Texas Avenue). This item was moved from consent agenda to regular agenda and was considered following Item 13. RESOLUTION NO. 2003-RO266 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease between the City of Lubbock and Bleacher's Sports Cafe, and related documents. Said Lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 18 Regular City Council Meeting July 10, 2003 Page 19 Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the lease is filed with Resolution No. 2003-RO266. On June 12, 1997, the City executed a lease with Kurt McMillan, owner of Bleacher's Sport Cafe, to lease approximately 64 spaces of the City's Health Department parking lot at the southwest corner of 19`h Street and Texas Avenue. This lease satisfied the parking requirements per the zoning ordinance for customers of the club during the evening and nighttime hours. Last year, due to expansion of the Cafe, additional parking was needed per zoning requirements for its customers. Bleachers originally leased 64 spaces for $240.00. Due to the expansion of the ground level dining and balcony area, they needed 36 (100 total) more spaces to meet zoning requirements. This lease was approved last year and is now about to expire and this new two-year lease will renew the expired one. The City will receive $375.00 per month for this parking lease. The Right -of -Way Department recommended approval of this resolution. Ed Bucy, Right -of -Way Agent and Craig Farmer, Managing Director of Planning & Transportation gave comments. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO266 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 22. (22.) Resolution No. 2003-RO267 adopting and approving hunting fees for the hunting of game species at the Lake Alan Henry Wildlife Mitigation Area, and delegating authority to the City Manager or his/her designee to set hunting dates in accordance with state hunting law and best practices for management of the wildlife resource. This item was moved from consent agenda to regular agenda and was considered following Item 21. RESOLUTION NO.2003-RO267 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby adopts and approves hunting fees for the Lake Alan Henry Wildlife Mitigation Area, and delegates authority to the City Manager or his/her designee to set the hunting dates in accordance with state hunting law and regulations and best practices for management of the wildlife resource. Said hunting fee 19 Regular City Council Meeting July 10, 2003 Page 20 schedule is attached hereto as Exhibit "A" and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. BE IT FURTHER RESOLVED THAT all prior Resolutions regarding hunting fees for the Lake Alan Henry Mitigation Area are hereby revoked and replaced in their entirety by this Resolution of the City Council of the City of Lubbock. Passed by the City Council this 1 Oth day of July 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell Community Services Director /s/ Diane Selby Diane Selby Lake Alan Henry Project Coordinator APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Exhibit "A" is filed with Resolution No. 2003-R0267. This resolution revokes previous resolutions regarding hunting fees for Lake Alan Henry Mitigation Area so that they may be placed in their entirety in this resolution. Since 1994, the Wildlife Mitigation Area (WMA) at Lake Alan Henry has offered hunting opportunities to the general public. As part of our permit requirements for Lake Alan Henry, the hunting programs, as well as habitat enhancement activities, are part of the mitigation efforts required by the Army Corp of Engineers and Texas Parks and Wildlife Department. Hunting programs are designed to offer public access for game hunting that is compatible with the resource. This is a source of revenue to recover a portion of operating expenses associated with the operation and management of the WMA. In January 2003, Council set hunting permit fees for quail hunting on the WMA in which Lubbock residents were offered a discounted price as compared to non -Lubbock residents or out -of state residents. The prices set were: $25/permit for residents, $50/permit for non -Lubbock residents, and $100 for out-of-state residents. Also, in May 2003, Council set hunting permit fees for feral hog hunts at the WMA in a similar fashion. The prices set were: $25/permit for Lubbock residents, $50/permit for non -Lubbock residents, and $75/permit for out-of-state residents. Texas Parks and Wildlife Department also charges different rates for hunting licenses based upon residency. Exhibit "A" of this resolution combines the previously set fees with recommended 2003-04 fees for the remainder of the game hunts for mourning dove, deer and turkey. All fees were recommended after a 20 Regular City Council Meeting July 10, 2003 Page 21 review by biologists with Texas Parks and Wildlife Department, to make sure they were reasonable for this region of Texas. The hunts are conducted on weekends (Fridays -Sundays) during the months indicated. They are closely monitored by the LAH Project Coordinator and Wildlife Technician to collect harvest data and give general assistance to the hunters. The Garza County Game Warden and the Constable's Office are notified of City hunting permits issued, which contain names, dates, permit numbers and vehicle descriptions. Both the game warden and the constable's office patrol the WMA regularly throughout the hunting season. FISCAL IMPACT Increasing the fees for non -Lubbock resident hunters is expected to reduce the cost of administering the public hunt program. Anticipated revenues are $5,620 for FY 2003-04, while expenses are estimated at $4,000. This is the wildlife technician's part-time salary to monitor hunts from Friday evenings through Sunday evenings. Staff recommended approval of this resolution. Randy Truesdell, Parks and Recreation Director and Diane Selby, Lake Alan Project Coordinator, gave staff comments. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-RO267 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 32. (23.) Resolution No. 2003-RO253 authorizing appointment of a designated representative to serve as responsible official and signatory for environmental reports and documents pertaining to LP&L facilities. This item was considered following Item 20. RESOLUTION NO.2003-R0253 WHEREAS, by Resolution No. 5953, dated July 30, 1998, the City Council of the City of Lubbock appointed Paul Thompson the designated representative and responsible official for all facilities of Lubbock Power and Light of the City of Lubbock for all purposes relating to or in connection with, among other things, Title IV and Title V of the Clean Air Act, 42 U.S.C. § 7401, et. seq., the Clean Water Act, 33 U.S.C. § 1251, et. seq., and the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et. seq., and laws of the State of Texas relating to the same or similar subject matter; and WHEREAS, Paul Thompson, is no longer associated with the City of Lubbock and the City of Lubbock is in need of a person to act in the above -described capacity; and WHEREAS, the City Council of the City of Lubbock now desires to appoint Gary Zheng to act in such capacity unless another party is directed by law to so act. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Gary Zheng is hereby appointed as the designated representative, responsible official and official signatory, or duly authorized representative thereof, for all facilities of Lubbock Power and Light of the City of Lubbock for all purposes relating to or in connection with the Title IV and Title V of the Clean Air Act, 42 U.S.C. § 7401, et seq., the Clean Water Act, 33 U.S.C. § 1251, et. seq., and the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et. seq, and laws of the estate of Texas relating to the same or similar subject matter, as same may be amended from time to time, and all rules and regulations promulgated pursuant to such laws, unless another party is directed by law to so act. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Derrell Oliver is appointed the alternate designated representative to act in the identical capacity as Gary Zheng, in his capacity as designated representative. Derrell 21 Regular City Council Meeting July 10, 2003 Page 22 Oliver, the alternate designated representative, is authorized to act in the following situations, and only in the following situations, to wit: (i) the resignation or removal from the employ of the designated representative from the City of Lubbock; (ii) the inability of the designated representative to act, for any reason, in such capacity, for and on behalf of the City of Lubbock; (iii) the death of the designated representative; or (iv) the absence of the designated representative from the City of Lubbock. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT all actions of the designated representative, responsible official and official signatory taken prior to the date of the adoption of this resolution regarding the subject matter hereof are ratified in all respects and instances. Passed by the City Council this 10th day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald Chief Executive Officer Lubbock Power & Light /s/ Dan Dennison Dan Dennison Environmental Compliance Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney EPA and TCEQ require the signature of a responsible official on documents and the numerous and frequent environmental reports pertaining to air, water, wastewater and hazardous waste. In 1998, the City Council appointed Paul Thompson as the designated representative and Derrell Oliver as the alternate. As Paul Thompson is no longer associated with the City, appointment of a new designated representative is necessary. This resolution appoints Gary Zheng as the designated representative and reaffirms Derrell Oliver as the alternate. Staff recommended approval of this resolution. (24.) Resolution No. 2003-R0254 authorizing acceptance of water and sanitary sewer improvements for Lots 206 — 270, Western Estates Addition to the City of Lubbock, Lubbock County, Texas between North Frankford and North Elkhart Avenues and Erskine and Harvard Streets. 22 Regular City Council Meeting July 10, 2003 Page 23 RESOLUTION NO.2003-R0254 A RESOLUTION ACCEPTING LOTS 206 THRU 270, WESTERN ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 206 thru 270, Western Estates Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $145,584.80 with the improvements constructed by Utility Contractors of America having a value of $121,111.00 as determined by the unit prices established by said Chapter 28, and $24,473.80 cash paid to the City, which amount includes $21,301.57 cash for adjacent lines, with Indivisa Corporation, the developer, to receive a refund of $26,633.10 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $24,473.80 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $145,584.80 and has a value of $121,111.00, as determined by the unit prices established by said Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $24,473.80, which includes $21,301.57 for adjacent mains. The developer, Indivisa Corporation, will receive a refund of $26,633.10 in accordance with Chapter 28. There is no refund deposit. The subdivision is located between North Frankford and North Elkhart Avenues from Erskine to Harvard Street. Staff recommended approval of this resolution. 23 Regular City Council Meeting July 10, 2003 Page 24 (25.) Resolution No. 2003-RO255 authorizing acceptance of water and sanitary sewer improvements for Lots 221 — 297 and Tract C, Sunrise Estates Addition to the City of Lubbock, Lubbock County, Texas between Akron and Canton Avenues and 106`h and 108`h Streets. RESOLUTION NO.2003-RO255 A RESOLUTION ACCEPTING LOTS 221 THRU 297 AND TRACT C, SUNRISE ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 221 thru 297 and Tract C, Sunrise Estates Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $115,566.95 with the improvements constructed by Utility Contractors of America having a value of $113,047.59 as determined by the unit prices established by said Chapter 28, and $2,519.36 cash paid to the City, which amount includes $ 0.00 cash for adjacent lines, with Excel Land Development, the developer, to receive a refund of $22,317.87 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $22,317.87 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 10th day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $115,566.59 and has a value of $113,047.59, as determined by the unit prices established by said Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $2,519.36, which includes $0.00 for adjacent mains. The developer, Excel Land Development, will receive a refund of $22,317.87 in accordance with Chapter 28. There is no refund deposit. The subdivision is located between Akron and Canton Avenues, from 106t' to 108`h Street. 24 Regular City Council Meeting July 10, 2003 Page 25 Staff recommended approval of this resolution. (26.) Resolution No. 2003-R0256 authorizing acceptance of water and sanitary sewer improvements for Lots 77 — 172 Fountain Wood Addition to the City of Lubbock, Lubbock County, Texas between North Brentwood and North Clinton Avenues and Colgate and Erskine Streets. RESOLUTION NO.2003-R0256 A RESOLUTION ACCEPTING LOTS 77 THRU 172, FOUNTAIN WOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 77 thru 172, Fountain Wood Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $144,109.30 with the improvements constructed by Utility Contractors of America having a value of $117,268.45 as determined by the unit prices established by said Chapter 28, and $26,840.85 cash paid to the City, which amount includes $23,145.47 cash for adjacent lines, with Erdon Corporation, the developer, to receive a refund of $22,473.40 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $22,473.40 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $144,109.30 and has a value of $117,268.45, as determined by the unit prices established by said Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $26.840.85, which includes $23,145.47 for adjacent mains. The developer, Erdon Corporation, will receive a refund of $22,473.40 in accordance with Chapter 28. There is no refund deposit. The subdivision is located between North Brentwood and North Clinton 25 Regular City Council Meeting July 10, 2003 Page 26 Avenues, from Colgate to Erskine Street. Staff recommended approval of this resolution. (27.) Resolution No. 2003-R0257 authorizing acceptance of water and sanitary sewer improvements for Lots 573 - 730 Westchester Park Addition to the City of Lubbock, Lubbock County, Texas between Milwaukee and Primrose Avenues and 7th and loth Streets. RESOLUTION NO.2003-R0257 A RESOLUTION ACCEPTING LOTS 573 THRU 730, WESTCHESTER PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 573 thru 730, Westchester Park Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $219,677.45 with the improvements constructed by Utility Contractors of America having a value of $165,215.85 as determined by the unit prices established by said Chapter 28, and $54,461.60 cash paid to the City, which amount includes $31,367.22 cash for adjacent lines, with Westchester Park 1, Inc., the developer, to receive a refund of $34,233.43 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $34,233.43 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $219,677.45 and has a value of $165,215.85, as determined by the unit prices established by said Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $54,461.60 that includes $31,367.22 for adjacent mains. The developer, Westchester Park 1, Inc., will receive a refund of. $34,233.43 in accordance with Chapter 28. There is no refund deposit. 0 Regular City Council Meeting July 10, 2003 Page 27 The subdivision is located between Milwaukee and Primrose Avenues, from 7t' to 10t' Street. Staff recommended approval of this resolution. (28.) Resolution No. 2003-RO258 authorizing acceptance of water and sanitary sewer improvements for Lots 117 — 226, Suncrest Addition to the City of Lubbock, Lubbock County, Texas between Salem and Utica Avenues and 106`h and 109`h Streets. RESOLUTION NO.2003-RO258 A RESOLUTION ACCEPTING LOTS 117 THRU 226, SUNCREST ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 117 thru 226, Suncrest Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $227,708.00 with the improvements constructed by Utility Contractors of America having a value of $186,757.11 as determined by the unit prices established by said Chapter 28, and $40,950.89 cash paid to the City, which amount includes $31,365.74 cash for adjacent lines, with Excel Land Development, the developer, to receive a refund of $23,104.96 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $23,104.96 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 10th day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $227,708.00 and has a value of $186,757.11, as determined by the unit prices established by said Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $40,950.89, which includes $31,365.74 for adjacent mains. The developer, Excel Land Development, will receive a refund of $23,104.96 in accordance with Chapter 28. There is no refund deposit. 27 Regular City Council Meeting July 10, 2003 Page 28 The subdivision is located between Salem and Utica Avenues, from 106th to 109th Street. Staff recommended approval of this resolution. (29.) Resolution No. 2003-RO259 authorizing acceptance of water and sanitary sewer improvements for Lots 386 — 442, Regal Park Addition to the City of Lubbock, Lubbock County, Texas between Homestead and Iola Avenues and 85th and 86th Streets. RESOLUTION NO.2003-RO259 A RESOLUTION ACCEPTING LOTS 386 THRU 442, REGAL PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 386 thru 442, Regal Park Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sanitary sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $181,097.40 with the improvements constructed by Utility Contractors of America having a value of $172,302.50 as determined by the unit prices established by said Chapter 28, and $8,794.90 cash paid to the City, which amount includes $947.00 cash for adjacent lines, with Lubbock Land Company Ltd., the developer, to receive a refund of $102,856.91 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sanitary sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $102,856.91 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 10th day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $181,097.40 and has a value of $172,302.50, as determined by the unit prices established by said Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $8,794.90, which includes $947.00 for adjacent mains. The developer, Lubbock Land Company Ltd., will receive a refund of $102,856.91 in 28 Regular City Council Meeting July 10, 2003 Page 29 accordance with Chapter 28, of the Code of Ordinances of the City of Lubbock. There is no refund deposit. The subdivision is located between Homestead and Iola Avenues, from 85th to 86th Streets. Staff recommended approval of this resolution. (30.) Resolution No. 2003-R0260 authorizing acceptance of water and sanitary sewer improvements for Lots 62 - 90, Day Estates Addition to the City of Lubbock, Lubbock County, Texas between Frankford and Genoa Avenues and 92°d and 961h Streets. RESOLUTION NO.2003-R0260 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR LOTS 62 - 90, DAY ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 62 - 90, Day Estates Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $53,934.29 with the improvements constructed by Hawkeye Road Boring , having a value of $32,309.30 as determined by the unit prices established by said Chapter 28, and $21,624.99 cash paid to the City, which amount includes $12,690.73 cash for adjacent lines, with Day Estates Ltd., the developer, to receive a refund of $1,958.63 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the water utilities engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $1,958.63 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Public Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales Supervising Attorney 29 Regular City Council Meeting July 10, 2003 Page 30 This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $53,934.29 and has a value of $32,309.30, as determined by the unit prices established by said Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $21,624.99, which includes $12,690.73 for adjacent mains. The developer, Day Estates Ltd. will receive a refund of $1,958.63 in accordance with Chapter 28. There is no refund deposit. The subdivision is located between Frankford and Genoa Avenues from 92°d to 96`' Street. Staff recommended approval of this resolution. (31.) Resolution No. 2003-R0261 authorizing acceptance of water and sanitary sewer improvements for Tracts A thru D, Iola Business Park Addition to the City of Lubbock, Lubbock County, Texas, between Justice and Milwaukee Avenues and Spur 327 and 661h Streets. RESOLUTION NO.2003-R0261 A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS FOR IOLA BUSINESS PARK ADDITION, TRACTS A THRU D TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Iola Business Park Addition, Tracts A thru D to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $159,675.48 with the improvements constructed by Commercial Marketing Services, having a value of $130,079.95 as determined by the unit prices established by said Chapter 28, and $29,595.53 cash paid to the City, which amount includes $25,799.82 cash for adjacent lines, with CMS Properties, the developer, to receive a refund of $63,244.06 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00 and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $63,244.06 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00 SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this day 1 Oth of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Chester Carthel Chester Carthel, Chief Engineer, Water UtilitiesPublic Works APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice 30 Regular City Council Meeting July 10, 2003 Page 31 This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $159,675.48 and has a value of $130,079.95, as determined by the unit prices established by said Chapter 28 of the Code of Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is $29,595.53, which includes $25,799.82 for adjacent mains. The developer, CMS Properties, will receive a refund of $63,244.06 in accordance with Chapter 28. There is no refund deposit. The subdivision is located between Justice and Milwaukee Avenues from Spur 327 to 66th Street. Staff recommended approval of this resolution. The next item considered was Item 34. (32.) Resolution No. 2003-RO268 approving recommendations from the Lubbock Arts Alliance, Inc. for the first of two grant periods for 2003/2004. This item was moved from consent agenda to regular agenda and was considered following Item 22. RESOLUTION NO.2003-RO268 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorized and approves for and on behalf of the City of Lubbock, the Arts Alliance to award all of the first period grants for 2003 recommended by the Lubbock Arts Alliance Grants Review Committee. The letter, dated June 27, 2003, from the Lubbock Arts Alliance requesting approval of the first period grants is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Catherine Prose Catherine Prose Buddy Holly Center Director APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Supervising Attorney A copy of the letter is filed with Resolution No. 2003-RO268. On February 27, 2003 the Lubbock City Council approved an agreement to pay $142,207 to the Lubbock Arts Alliance, Inc. The agreement stipulated that the funds were to be used in making grant awards to cultural arts organizations for the encouragement, promotion, improvement, and application of the arts. The funds represent 5.71429% of the hotel/motel tax collected during the fiscal year ended September 30, 2002. In reviewing requests and developing funding recommendations for 31 Regular City Council Meeting July 10, 2003 Page 32 each application, the Grants Review Committee follows guidelines that were approved as part of the agreement. The grants review committee, composed of appointments by City Council and representatives of the Lubbock Arts Alliance, evaluates applications and submits its recommendations to the City Council for approval. The Lubbock City Council is now asked to approve $66,400 in grant awards for the first grant period for 2003/2004. Twenty-two applications were received on the June 1, 2003 deadline and 20 were recommended for full or partial funding. A listing of the recommendations and panel comments from the Lubbock Arts Alliance Grants Review Committee was provided in council backup. Lubbock Arts Alliance, Inc. recommended approval of this resolution. Libby Kemp, Lubbock Arts Alliance, Inc. gave comments. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO268 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 33. (33.) Resolution No. 2003-RO269 authorizing the Mayor to direct the Director of Aviation to execute an application to the US Department of Commerce for Foreign Trade Zone status for the City of Lubbock, and related items. This item was moved from consent agenda to regular agenda and was considered following Item 32. RESOLUTION NO.2003-RO269 WHEREAS, the City Council of the City of Lubbock, Texas, desires to establish, operate and maintain a Foreign -Trade Zone serving Lubbock, Texas; and WHEREAS, the City Council believes that Foreign -Trade Zone status will have a positive impact on future development, new employment, and increased international trade at Lubbock International Airport, the City of Lubbock, Reese Technology Center, and the surrounding region by promoting foreign trade and commerce through Lubbock's port of entry; and WHEREAS, the City of Lubbock is entitled as a port of entry to a Foreign -Trade Zone under 15 CFR § 400.21(a)(1)(i) and 15 CFR § 400.22(b); and WHEREAS, the City of Lubbock is authorized to apply for and accept a grant to establish a Foreign -Trade Zone under Texas Civil Statutes, Article 1446.22; and WHEREAS, pursuant to 15 CFR § 400.24, such application must include a resolution of the governing body authorizing the official signing of the Application; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Aviation of the City of Lubbock BE and is hereby authorized and directed to sign and submit an Application in substantially the same form as the draft application attached and related documents for and on behalf of the City of Lubbock to the United States Department of Commerce Foreign -Trade Zones Board for the creation of a Foreign -Trade Zone adjacent to the U.S. Customs Port of Entry of Lubbock and other subzones. Said Draft Application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 32 Regular City Council Meeting July 10, 2003 Page 33 Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Draft Application is filed with Resolution No. 2003-RO269. In late 2001, the City of Lubbock through Market Lubbock, Inc. commissioned a feasibility study to determine whether a Foreign -Trade Zone (FTZ or Zone) project in the City of Lubbock could provide the necessary services, which companies located in the City and the surrounding areas were not receiving. The study also analyzed whether there was a need for an FTZ project, whether the project would be economically feasible, and what regulatory and political issues might exist. Generally the benefits of FTZ status include being able to bring nearly any imported merchandise into the zone, duty free. Once inside the zone, the merchandise can be stored, sorted, cleaned, graded, repackaged, manufactured, processed, assembled, or otherwise manipulated, all without the payment of any U.S. Customs duties. Duty is only paid once the merchandise is put back into the stream of U.S. commerce and then usually at a much reduced rate than would have been paid on the imported component parts. On September 10, 2002 IMS Worldwide, Inc., a Foreign -Trade Zone and Industrial Park Consulting and Marketing firm, reported their findings and conclusions. The study concluded that an FTZ project could potentially benefit the City and its business base, offer new economic development opportunities in the area, and assist the City in its ongoing effort to market the area to international and domestic businesses. The study also recognized the City's continuous efforts to develop low cost land, the existing Port of Entry (POE) No. 5503 at the airport, and the research and educational opportunities of a nationally and internationally recognized Texas Tech University. These are assets that would influence the ultimate success of a Zone project in Lubbock by attracting additional business opportunities. — After due consideration, and now with a tenant in the City's Interport Trade Center that wants FTZ services, the City needs to complete the application process for the grant of authority to establish a zone in Lubbock. The application process is quite lengthy and time consuming. On average, most grants of authority take between 10 and 18 months for full review and action by the Commerce Department and Foreign Trade Zones Board. 33 Regular City Council Meeting July 10, 2003 Page 34 Market Lubbock, Inc., in conjunction with City Staff and Reese Technology staff, has already begun to pull together some of the prerequisites with regard to submitting a formal application. The consulting firm, IMS Worldwide, is also assisting in this effort. Basically the work that is being completed to date is that part of the outreach program, which is mandated by the federal regulations where letters of support from the surrounding region (FTZ Service Area) and the governing body sponsoring the port of entry are solicited and made a part of the application. The parties are in agreement that our FTZ Service area will include Bailey, Cochran, Crosby, Dickens, Floyd, Garza, Hale, Hockley, Kent, Lamb, Lubbock, Lynn, Motley, Terry, Yoakum, and counties. To date, letters of support from all of the 15 counties in the service area have been received. Also received were letters of support from all of the four associated school districts, which are necessary, along with support from the Market Lubbock Board and Reese Board. A resolution from the Lubbock City Council and a letter from the Lubbock Central Appraisal District are needed. This agenda item concerns a resolution that supports the concept of FTZ and recommended that the City Council authorize an application for this grant of authority. The Airport Board has been briefed and has recommended to the City Council that they authorize an application for FTZ status. A short background on trade zones and a service area map were included in council backup. Market Lubbock, Inc. recommended approval of this resolution. Scott Fletcher, Director of Business Recruitment for Market Lubbock, Inc. and Mark Earle, Director of Aviation, gave comments. Motion was made by Council Member Gilbreath, seconded by Council Member Boren to pass Resolution No. 2003-RO269 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Council Members Boren and Morrison were away from the dais. The next item considered was Item 40. (34.) Resolution No. 2003-RO262 authorizing the Park Development Department to apply for a matching grant of up to $2,000,000 from the Texas Recreation and Parks Account Regional Park Program. RESOLUTION NO.2003-RO262 A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS HEREINAFTER REFERRED TO AS "CITY", AMENDING RESOLUTION 2003-R0052, DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "CITY" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, HEREIN REFERRED TO AS "DEPARTMENT", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION AND PARKS ACCOUNTS PROGRAM, HEREIN REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "CITY" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "CITY'S" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the "Program" (Section 24 of the Parks and Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; and WHEREAS, the City of Lubbock (the "City") is fully eligible to receive assistance under the Texas Recreation & Parks Account Regional Grants Program (the "Program"); and 34 Regular City Council Meeting July 10, 2003 Page 35 WHEREAS, the City is desirous of authorizing an official to represent the City in lG )f GG 15 dealing with Texas Parks and Wildlife (the Department ) concerning the Program , NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT City of Lubbock Resolution No. 2003-R0052, dated January 23, 2003, is hereby amended to read as follows: "SECTION 1. THAT the City hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. SECTION 2. THAT the City hereby certifies that the matching share for this application is readily available at this time. SECTION 3. THAT the City hereby authorizes and directs its Parks and Recreation Director to act for the City in dealing with the Department for the purpose of the Program, and Corbin Pemberton is hereby officially designated as the representative in this regard. SECTION 4. THAT the City hereby specifically authorizes the above -named official to make application to the Department concerning the site to be known as JIM BERTRAM LAKE SYSTEM REGIONAL PARK in the City of Lubbock for use as a park site and is hereby dedicated (or will be dedicated upon completion of acquisition) for public park and recreation purposes in perpetuity, or for the lease or joint -use term, if legal control is through an inter -governmental lease or joint -use agreement. SECTION 5. THAT the City hereby certifies that a copy of the application has been submitted to the appropriate regional council of governments for Texas Review and Comments System consideration." Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Corbin Pemberton Corbin Pemberton Parks and Recreation Director APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney The Texas Legislature, through Section 24 of the Parks and Wildlife Code, has established the Texas Recreation and Parks Account Program, whereby local governments compete for matching funds to develop parks and recreation facilities. In 2002, the Texas Parks and Wildlife Department began a new Regional Grant Program with application due on January 31 of each year, with funding awarded the following August. There is no ceiling on match amounts, but grant awards are dependent on the number of applicants and the availability of funds. On January 23, 2003, the City Council passed Resolution No. 2003-R0052 authorizing the Parks and Recreation Department to submit an application for a regional grant for the Jim Bertram Lake System. On January 31, 2003 the application was submitted, leveraging over $5.8 million 35 Regular City Council Meeting July 10, 2003 Page 36 earmarked for improvements in the Jim Bertram Lake System. The City of Lubbock's match for the application now consists of the following: 1). Dam #4 2). Mackenzie Amphitheater 3). Federal Eco. Dev. Initiative Funds 4). ALON USA/FINA 5). Fore Star Golf 6). TDCJ Montford Unit 7). Amphitheater Pardners Program 8). Museum of Texas Tech University Total: $3,250,000 GO Bonds 1,700,000 GO Bonds 447,250 Federal Earmark 150,000 Construction of Amphitheatre 150,000 Improvements to Prairie Dog Town 25,000 Committed In -kind to build fence 20,000 Committed to date 62,000 "Donation" of Archaeology $5,804,250 On July 1, a representative from Texas Parks and Wildlife conducted a site visit as part of their grant review. During the application review, it was pointed out that the resolution passed in January lacked the following language: A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS HEREINAFTER REFERRED TO AS "CITY", DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "CITY" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, HEREIN REFERRED TO AS "DEPARTMENT", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION AND PARKS ACCOUNT PROGRAM, HEREIN REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "CITY" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "CITY'S" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the "Program" (Section 24 of the Parks and Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; This new resolution includes that language, which meets the requirements of Texas Parks and Wildlife. The grant proposal will include a request to TP&W for $2 million to augment the currently funded bond projects in the Jim Bertram Lake System. In addition, the application will include the proposed acquisition of 100 acres of land near the canyon. The proposed acquisition leaves adequate rim property for proposed residential development. Multi jurisdictional cooperation is a key to a successful grant application. The proposal will include programming commitments from LISD, Texas Tech University and South Plains College. In addition, the TDCJ Montford Unit has written a letter committing in -kind labor to construct fencing at the Amphitheater. Furthermore, the archaeological services contract with the Museum of Texas Tech University provides services at a reduced rate to the City of Lubbock, which is normally half the cost of the private sector. Included in the agreement is an in -kind "donation" of labor. The value of the "donated" labor within the Jim Bertram Lake System will be counted as part of the City's match. If the application is successful, the City will have three years to complete the project. 36 Regular City Council Meeting July 10, 2003 Page 37 This grant application, which follows three awards totaling $1.75 million from TP&W in 2002, expands grant revenue opportunities, as well as continues to strengthen public -private partnerships. In August 2003, Texas Parks and Wildlife will formally approve the competitive grant applications from cities across the state. At that time, applicants will be notified regarding the status of funding. Staff recommended approval of this resolution. (35.) Resolution No. 2003-R0263 to reaffirm and support the establishment of the Lubbock Police Academy, which has been in operation and existence since 1969 as requested by the Texas Commission on Law Enforcement Officers Standards and Education (TCLEOSE). RESOLUTION NO.2003-R0263 WHEREAS, the Texas Commission on Law enforcement Officer Standards and Education (TCLEOSE) is responsible for licensing law enforcement academics in the State of Texas; and WHEREAS, TCLEOSE has requested a Resolution from the governing body of the City of Lubbock, Texas, reaffirming the establishment and continued existence of the municipality's Police Academy; and WHEREAS, such Academy was established in 1969 by the Lubbock City Council and has been in existence and continuous operation since that year; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the Council hereby reaffirms the establishment and continued existence of the City of Lubbock Police Academy. Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Camden Tommy Camden, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney In 1965, law enforcement officers of Texas, working through the Legislative Councils of their associations, encouraged the Texas Legislature to enact legislation, which created the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). Prior to the creation of TCLEOSE, the Lubbock Police Department had a police academy and provided training for their police officers. In 1969, the TCLEOSE Act was amended to require all new officers appointed after September 1, 1970 to meet minimum appointment standards and to mandate pre -employment training for Peace Officers. Therefore, the Lubbock Police Department applied for and received academy status through TCLEOSE and since that time has been functioning as a state certified police academy. 37 Regular City Council Meeting July 10, 2003 Page 38 On May 15, 2003, staff received a letter from Mr. Robert J. Bodisch, Director of the Field Services Division of TCLEOSE, requesting our assistance in obtaining documentation as mandated by Rule 215.3 of the Texas Administrative Code Title 37 — Public Safety Part VII. This rule states that TCLEOSE must have on file "a resolution of support from the governing body of the sponsoring organization" in order for a law enforcement academy to be licensed by the State of Texas. TCLEOSE can find no such resolution in their files in Austin and a search of the City of Lubbock's 1969 archived files revealed that no such resolution was passed. To complete their files, TCLEOSE requests that staff petition the City Council for the passage of a resolution of support of the Lubbock Police Academy, so the required documentation will be on file in Austin. Staff recommended approval of this resolution. The next item considered was Item 38. (36.) Resolution No. 2003-R authorizing the Mayor to execute an Amendment of Oil and Gas Lease, by and between the City of Lubbock and Texland Petroleum, L.P., conditioned upon prior execution by the working interest owners of the Lease, as defined below. This item was deleted. (37.) Resolution No. 2003-R authorizing the Mayor to execute a Settlement Agreement with Texland Petroleum, L.P. This item was deleted. (38.) Resolution No. 2003-RO264 authorizing the Mayor to sign a deed restriction to be filed in the Real Property Records of Lubbock County, Texas for City of Lubbock owned property located at 324 Municipal Drive (Fleet Services Garage parking lot). This item was considered following Item 35. RESOLUTION NO. 2003-RO264 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Notice of Petroleum Fuel Contaminated Site (the "Notice") for the tract of land located at 324 Municipal Drive, as described on Exhibit "A" to the Notice, and any other related documents. Said Notice is required by the Texas Commission on Environmental Quality and is to be filed of record in Lubbock County, Texas. Said Notice is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 38 Regular City Council Meeting July 10, 2003 Page 39 Passed by the City Council this 10th day of July 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Dan Dennison Dan Dennison Environmental Compliance Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney A copy of the Notice is filed with Resolution No. 2003-R0264. In January, 1990, during the removal of the former underground petroleum storage tank system at Fleet Services (324 Municipal Drive), leakage into the surrounding soil and groundwater was discovered. At that time, systems to clean up the contamination according to regulatory requirements were put in place, which have been operating since then. Significant progress has been made. Levels of contaminants are now too low for effective use of a treatment system, but not quite low enough for TCEQ to allow costly periodic testing/monitoring to cease. Current lowered contamination levels do allow for the legal cessation of costly monitoring if the City will deed restrict certain future activities and uses of the property such as prohibiting use of the groundwater for drinking purposes. Additional future reductions of the contamination levels through natural processes are anticipated. At some point in the future, verified additional reductions in contamination levels will allow this deed restriction to be retracted. Staff recommended approval of this resolution (39.) Resolution No. 2003-110265/13I1) #081-03/RS — for Police Department and Municipal Courts Renovation (Facilities Management) RESOLUTION NO.2003-RO265 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract per ITB #081-03/RS for the Police Department and Municipal Courts renovation, by and between the City of Lubbock and Sandia Construction, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 39 Regular City Council Meeting July 10, 2003 Page 40 Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 1 Oth day of July, 2003, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Sandia Construction, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #081-03/RS - POLICE DEPARTMENT & MUNICIPAL COURTS RENOVATION - $913,500.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ►e Regular City Council Meeting July 10, 2003 Page 41 ATTEST: /s/ Rebecca Garza Secretary APPROVED AS TO CONTENT: /s/ Harlan Stauffer Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Shirley H. Durbin CITY OF LUBBOCK, TEXAS (OWNER) /s/ Marc McDougal MAYOR CONTRACTOR: Sandia Construction, Inc. By: /s/ Greg M. Durbin PRINTED NAME: Greg M. Durbin TITLE: President COMPLETE ADDRESS: Sandia Construction, Inc. 2723 81 st Street Lubbock, TX 79423 This project is Phase IV of the Police Department Renovations and Phase II of the Municipal Courts Renovations. The Police Department renovations will include the renovation of approximately 5,600 square feet for the Persons Crimes Division, approximately 4,800 square feet of the Identification Division, and approximately 2,400 square feet of the Auditorium. Phase II of the Municipal Courts Renovations will include the renovation of approximately 1,800 square feet of the old ground floor court room and adjacent areas. The interior renovations will include mechanical, electrical, plumbing and architectural disciplines. The main restrooms in the Police Department and Municipal Courts areas will be brought up to compliance with Americans with Disabilities Act. Time for completion of this project is 300 calendar days and liquidated damages is $300 per day. Twenty-seven local contractors were notified of this invitation to bid. FISCAL IMPACT: A total of $1,071,000 was appropriated and $1,000,000 is available in project number 90040 and 9616 (Building Capital Outlay — Police Department and Municipal Courts Renovation) for this purpose. Staff recommends awarding of bid to Sandia Construction, Inc. of Lubbock, Texas for $913,500 or such alternative action as the City Council may deem appropriate. The next item considered was Item 13. ADMINISTRATIVE SERVICES Finance (40.) Resolution No. 2003-RO270 approving and authorizing publication of "Notice of Intention to Issue" and "Notice of Sale" of Tax & Electric Light and Power System Surplus Revenue Certificates of Obligation, Series 2003 in an amount not to exceed $13,280,000. This item was considered following Item 33. 41 Regular City Council Meeting July 10, 2003 Page 42 RESOLUTION NO.2003-RO270 A RESOLUTION approving and authorizing publication of (i) notice of intention to issue certificates of obligation for improvements to the City's Electric Light and Power System and (ii) notice of sale with respect to such certificates of obligation. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Electric Light and Power System, and (ii) professional services rendered in connection with such projects and the financing thereof; and WHEREAS, the City has determined to take bids for the purchase of such certificates of obligations and prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and to publish a notice of sale with respect thereto in accordance with the provisions of the City's Charter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $13,280,000 for the purpose of paying contractual obligations to be incurred for (i) improvements and extensions to the City's Electric Light and Power System and (ii) professional services rendered in connection with such projects and the financing thereof, such certificates to be payable from ad valorem taxes and a pledge of the surplus net revenues of the City's Electric Light and Power System (the "System") remaining after payment of operating and maintenance expenses of the System and payments for "Prior Lien Obligations." The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes, and such notice shall be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 2: The City Secretary is hereby authorized and directed to cause a notice relating to the sale of certificates of obligation to be published once a week for a period of thirty (30) days; such notice of sale to read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 3: It is officially found, determined, and declared the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. 42 Regular City Council Meeting July 10, 2003 Page 43 PASSED AND APPROVED, this July 10, 2003. CITY OF LUBBOCK, TEXAS /S/ MARC MCDOUGAL Mayor ATTEST: /s/ Rebecca Garza City Secretary A copy of the Exhibit "A" and Exhibit `B" is filed with Resolution No. 2003-R0205. The proceeds from the sale of this bond issuance will be used for Electric Light and Power System improvements including overhead and underground distribution improvements, transmission system improvements, acquisition of equipment, a deposit to the debt service reserve fund and to pay the costs of issuance associated with the bonds. The anticipated amount of issuance will be $13,280,000. Projects tentatively scheduled to be funded are as follows: Southeast Substation Funded by 2003 Rev: $4,000,000 This project will provide funds to construct a new 115/69KV to 12 KV substation for service to south and southeast Lubbock area near I-27 and South Loop 289. In addition a fourth intertie can be completed between LP&L and Xcel Energy. This project will provide continued service reliability to our customer base. Overhead Distribution FY 02-03 Funded by 2003 Rev: $ 300,000 Overhead Distribution FY 03-04 Funded by 2003 Rev: $1,500,000 This project will provide for engineering design, construction, labor and materials to provide service to customers requiring overhead electric service. This project will also provide for the construction of major overhead line infrastructure such as feeder lines and capacitor banks. This project is required to meet normal system growth resulting from changeovers to LP&L, new housing subdivisions and increased electrical requirements of existing LP&L customers. Underground Distribution FY 02-03 Funded by 2003 Rev: $ 300,000 Underground Distribution FY 03-04 Funded by 2003 e� 500,000 i�GV. yc., This project will provide for engineering design, construction, labor and materials to provide service to customers requiring underground electric service. This project is required to meet normal system growth resulting from changeovers to LP&L, new housing subdivisions, underground service requirements of LP&L commercial/industrial customers and increased electrical requirements of existing LP&L customers. Service Distribution FY 02-03 Funded by 2003 Rev: $ 500,000 Service Distribution FY 03-04 Funded by 2003 Rev: $ 500,000 This project will provide for engineering design, construction, labor and materials required to install services and metering equipment for new and existing customers. This project is required to meet normal system growth resulting from changeovers to LP&L, new housing subdivisions and increased electrical requirements of existing LP&L customers. Distribution Transformers FY 02-03 Funded by 2003 Rev: $ 800,000 Distribution Transformers FY 03-04 Funded by 2003 Rev: $ 800,000 43 Regular City Council Meeting July 10, 2003 Page 44 This project will provide funds for the purchase of distribution transformers for the electric distribution system growth, maintenance and improvements. This project is required to meet normal system growth resulting from changeovers to LP&L, new housing subdivisions and increased electrical requirements of existing LP&L customers. Erskine Substation Capacity Increase Funded by 2003 Rev: $ 100,000 This project will provide funds to increase the capacity at Erskine Substation, which serves the north and northwest portions of the City. This substation load capacity increase is required for the new and expanding development that is occurring in the north and northwest portions of the City. This substation transformer capacity increase will be realized by relocating the substation transformer that is to be replaced at Mackenzie Substation to Erskine Substation. Mackenzie Sub to Milwaukee Ave. Funded by 2003 Rev: $ 250,000 Transmission Line This project will provide funds to rebuild approximately seven miles of 69KV transmission line between the Mackenzie Substation and the Milwaukee Substation. Load flow studies indicate that under certain outage conditions, service to the North and West portions of the City could be affected. This project will upgrade existing 4/OACSR and 477MCM ACSR to 795ACSS conductor. This project will be completed in phases and will require five years to complete. De Gasification Unit Funded by 2003 Rev: $ 200,000 This project will allow for the purchase of a hot -oil de -gasification unit. This unit will clean and de -gasify the oil in LP&L substation transformers. LP&L currently has nine of the existing 50 substation transformers on our system, which the City of Lubbock insurers are recommending to be de -gasified. The remaining substation transformers will require de -gasification over the next 2-3 years. The outsourcing of this project for the current nine transformers to be de -gasified will cost approximately $100,000. 82°d Street Transmission Rebuild Funded by 2003 Rev: $ 300,000 This project will provide funds to rebuild and upgrade an existing 5 miles of 69KV transmission line between Cooke Station and Oliver Substation. Load flow studies indicate that under certain outage conditions this line may become overloaded and adversely affect the availability of service to the south part of the LP&L transmission system and the City of Lubbock. This project will upgrade existing 477MCM ACSR to 795ACSS conductor. Marsha Sharp Freeway Phase 1-3 Funded by 2003 Rev: $ 850,000 Relocation By state and federal highway policies, utilities within the proposed freeway corridor must be relocated prior to the letting of highway construction contracts. This project will provide funds for the engineering design, construction, labor and materials required to relocate LP&L transmission and distribution lines located within the Marsha Sharp Freeway Corridor. Gas Turbine #2 Evaporative Cooler Funded by 2003 Rev: $ 70,000 Provide evaporative cooling for Gas Turbine #2. This action is the first necessary step to proceed with a bond issuance. Pricing date is set for August 26, 2003. Staff recommended approval of this resolution. Andy Burcham, Cash and Debt Manager, gave staff comments. 44 Regular City Council Meeting July 10, 2003 Page 45 Motion was made by Council Member Martin, seconded by Council Member Boren to pass Resolution No. 2003-R0270 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 44. DEVELOPMENT SERVICES Water (41.) Resolution No. 2003-R0271 authorizing the Mayor to execute a Supplemental Agreement SA-1 to Professional Services Agreement (RFP #118-02/13M) with Turner Collie & Braden, Inc. for additional services with regard to emergency response plan requirements under the Bioterrorism Response Act. This was the first item considered following Executive Session, at 3:15 p.m. RESOLUTION NO.2003-R0271 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Supplemental Agreement SA-1 to a Professional Services Agreement (RFP #118-02BM) with Turner, Collie & Braden, Inc., for additional services with regard to emergency response plan requirements under the Bioterrorism Response Act, and any associated documents, a copy of which Supplemental Agreement SA-1 is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Gary Essary Gary Essary, Water System Supervisor APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Supplemental Agreement SA-1 is filed with Resolution No. 2003-R0271. On September 26, 2002, the City of Lubbock entered into a professional services agreement with Turner Collie & Braden, Inc. for the purpose of performing a federally mandated Vulnerability Assessment regarding security of the City of Lubbock's drinking water system. This initial agreement provided for the Vulnerability Assessment to be completed as the first of three phases of work. The second phase, review and revision of the emergency response plan and the third phase, design and implementation of recommended security improvements, were to be authorized by separate supplemental amendments to the initial agreement. The Vulnerability Assessment was completed and verified to the United States Environmental Protection Agency (USEPA) on March 25, 2003. 45 Regular City Council Meeting July 10, 2003 Page 46 This resolution will authorize work on the second phase, review and revision of the emergency response plan. Approval to authorize a supplemental agreement for work on the third and final phase will be requested in the near future. The federal Bioterrorism Response Act requires every water system that serves more than 3,300 customers to complete an Emergency Response Plan, which incorporates the findings of a Vulnerability Assessment. This must be done within six months of submitting the Vulnerability Assessment to USEPA. Supplemental Agreement SA-1 was negotiated with Turner Collie and Braden, Inc. for additional services to comply with these requirements. The scope of services under this supplemental agreement included reviewing the existing Water Utilities Emergency Operations Plan, providing oversight and consultation during the revision of the plan, and providing final review of the revised plan to ensure compliance with the Bioterrorism Response Act. FISCAL IMPACT: The fee for these services will not exceed $19,999 and is within the budget for the Water Facilities Security Improvements Capital Project. Turner Collie & Braden, Inc. performed the security vulnerability assessment for the City of Lubbock's drinking water system and is very familiar with the facilities. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO271 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. COMMUNITY SERVICES Councilmen Boren, Hernandez, and Patterson were absent. Parks and Recreation (42.) Resolution No. 2003-RO272 authorizing support of a fund raising program to purchase pet waste pick-up stations for the City of Lubbock Parks. RESOLUTION NO.2003-RO272 WHEREAS, Ms. DeLinda Harrell appeared before the City Council on May 8, 2003, and expressed concern that pet waste poses health issues and a distraction for visitors to City parks; and WHEREAS, Ms. Harrell has offered to coordinate a fund raising campaign to purchase biodegradable plastic gloves and dispensers for all City parks; and WHEREAS, the City council deems it to be in the best interest of the citizens of the City of Lubbock to support Ms. Harrell in her fund raising efforts and to confirm the City's interest in such a program; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby encourages and supports the efforts of Ms. DeLinda Harrell to raise funds to support the establishment and maintenance of pet waste glove dispensing stations for all City parks in order to improve the health and appearance of the City's parks. All Lubbock citizens are encouraged to support the project in every way possible. Such funds as may be raised for such purpose will be earmarked specifically for such purpose by the City. Regular City Council Meeting July 10, 2003 Page 47 Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Randy Truesdell Randy Truesdell, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney On May 8, 2003, Ms. DeLinda Harrell spoke to the City Council regarding pet waste in the parks. Ms. Harrell expressed concern that pet waste poses health issues and a distraction when visiting our parks. Ms. Harrell has offered to coordinate a fund raising campaign to purchase Mutt Mitt stations for all of the parks. The Mutt Mitt is a totally biodegradable plastic glove, which pet owners can use to pick up waste after their pets. The waste is then disposed in a trashcan. Mutt Mitts decompose with or without sunlight, are non -toxic and environmentally safe for incinerators and landfills. They can also be composted. Earlier this year, Mutt Mitt dispensers were placed in six of the local parks as listed below: • Higginbotham: East side near the playground (Utica Ave.) • Chas. A Guy: West side near playground (Nashville Ave.) • McCullough: Near playground and park shelter (Freemont Ave.). Dispenser is mounted on the back of the "Park Rules" sign. • Tech Terrace Park: North side near 23`d Street (Gary Ave.) • Miller Park: South side near Gary Ave. (74tj' Street) • Leftwich: Burgess -Rushing Tennis Center, near the parking lot on the south side of the park The Mutt Mitt stations were placed in these parks on a trial basis. Staff has found that visitors to the parks are using the Mutt Mitts and they are effective in reducing pet waste in these parks. FISCAL IMPACT: The Mutt Mitt dispenser cost $80 each, including installation. One hundred and eighty-three Mutt Mitt stations are needed in order to place an appropriate amount of the stations in the parks. This would place a Mutt Mitt station at entries and at about every quarter mile around the perimeter of each park. The annual cost to refill all of the stations with the pick-up bags is estimated to be $600. The litter crews would refill the stations as they pick up litter in the parks. Ms. Harrell has offered her services to raise approximately $15,000 in funds for the Mutt Mitt stations. She plans to approach pet stores, veterinarians, neighborhood associations and others to solicit funds. Staff has recommended the City recognize the program sponsors by presenting them with a certificate during a City Council meeting. M Regular City Council Meeting July 10, 2003 Page 48 The Parks and Recreation Advisory Board considered this fund raising program during their May meeting. Five of the nine Parks Board members were present at the meeting. The vote was four to one in favor of supporting this program. In order for an approval, five like votes would have been necessary, either for or against. On June 17, 2003, the Board of Keep Lubbock Beautiful supported the Mutt Mitt program and on June 21'c the Board of City Wide Pride supported this program. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2003-R0272 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. MISCELLANEOUS Environmental Compliance (43.) Resolution No. 2003-R0273 authorizing the Mayor to execute an amended agreement with Enprotec, Inc. for professional engineering services related to remediation of diesel and fuel oil spills at LP&L Cooke Power Plant. RESOLUTION NO. 2003-R0273 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the environmental engineering services Agreement and any associated documents between the City of Lubbock and ENPROTEC, Inc., a copy of which Amendment is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 1 Oth day of July, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Dan Dennison Dan Dennison, Environmental Compliance Manager /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2003-R0273. In November 1995, the City entered into an agreement with Enprotec, Inc. for provision of engineering services/remediation of fuel spills related to leaking underground storage tanks at various City facilities, including LP&L Holly (Cooke) Power Plant. Significant progress has been made and remediation activities are completed or very near completion at all sites, with the exception of Cooke. Substantial progress had been made at Cooke. In November, 1999, a second spill was discovered in the vicinity of the first, involving the leakage of 26,000 gallons of diesel fuel. Regular City Council Meeting July 10, 2003 Page 49 Multiple feet of free product were found to be floating on the water table, and an emergency pumping strategy was immediately implemented to keep the fuel from migrating into the underground water of neighboring property. That strategy has proven successful, and it is now prudent to move into the actual remediation stage, anticipated to take approximately seven additional years. Although the original contract is evergreen, due to the fact that the second spill has significantly extended time necessary to attain a groundwater quality level acceptable to TCEQ, a contract amendment is recommended Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-R0273 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. The next item considered was Item 45. Other (44.) Consider a resolution to reduce Citibus service including the elimination of Route 4 (82"d St/South Plains Mall), Route 11 (Frankford/South Plains Mall), all Saturday service and combine Route 12 (Arnett Benson/4th Street) and Route 7 (Guadalupe Area). This item was considered following Item 40. This item was denied. When the Lubbock Urbanized Area exceeded 200,000 population, Citibus lost the use of their federal funds for operating assistance. Due to the elimination of federal operating assistance with the 2000 Census Citibus has proposed to eliminate the following service: Route 4 (82"d St/South Plains Mall), Route 11 (Frankford/South Plains Mall), all Saturday service, and combine Route 12 (Arnett Benson/4th Street) and Route 7 (Guadalupe Area). Citibus also received funding cuts from the State. As a response, Citibus eliminated nine staff positions, decreased employee benefits, and cut service. In January 2003, most routes were changed from thirty -minute service to hourly service during non -peak hours. In March 2003, all remaining routes were changed to hourly service during mid -day, and all day on Saturday. This was not enough for Citibus to "live within their means" as directed by the City Council during a January 8, 2003 meeting. Therefore it became necessary to look at further service cuts. During two public hearings held on June 25, 2003, Citibus heard comments on eliminating Route 4, Route 11, all Saturday service (including paratransit services), and combining Route 12 and Route 7. There were 67 speakers at the public hearings and each one was opposed to the route changes and elimination of Saturday service. A petition containing 276 signatures of citizens who did not want these services eliminated was presented to the Board. Several people stated they would lose their jobs without bus service on Saturday. Citizens asked how other cities across the country were able to support a public transportation system without federal operating assistance. Citibus staff explained that Texas cities over 200,000 population have a dedicated sales tax. The only Texas cities over 200,000 population without a dedicated sales tax are Lubbock, Denton/Lewisville, and McAllen. Some citizens mentioned that other cities support their transit systems through a dedicated sales tax and stated that Lubbock should do the same. The Board voted to accept the recommended changes and take the item before City Council. The Board also voted to continue service for dialysis clients on Saturdays. Without these cuts, Citibus would run out of funds to operate fixed routes and CitiAccess before the end of next fiscal year. A copy of a history of revenues and ridership was provided in council backup for review. Also provided was a review of route performance of each route and the amount the proposed cuts will save Citibus. Regular City Council Meeting July 10, 2003 Page 50 These cuts are only a short-term solution. A long-term or permanent solution is needed to ensure the continuation of the City's transit system. If the cuts are approved by the City Council, they will be effective on September 2, 2003. The Lubbock Public Transit Advisory Board recommended approval of this resolution. Jay Jacobus, Vice Chair of the Lubbock Public Transit Advisory Board, gave comments. Motion was made by Council Member Gilbreath to deny the service reductions recommended by the Transit Advisory Board and instruct the City Manager to prepare the fiscal year 2004 budget (the Citibus budget) at the current level of service using the federal funds that we currently have available, seconded by Council Member Patterson to pass this Resolution as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Council Member Hernandez recused himself. The next item considered was Item 46. (45.) Resolution No. 2003-RO274 authorizing the Mayor to execute an amendment to the Services Agreement by and between the City of Lubbock and the West Texas Municipal Power Agency (WTMPA). This item was considered following Item 43. RESOLUTION NO.2003-RO274 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Services Agreement by and between the City of Lubbock and the West Texas Municipal Power Agency, which is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of July 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Gary Zheng, Gary Zheng, Chief Operations Officer, LP&L APPROVED AS TO FORM: /s/ Matthew L. Wade Matthew L. Wade, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 2003-R0274. The WTMPA is a municipal power agency comprised of the cities of Lubbock, Brownfield, Tulia and Floydada. On March 3, 2003, the City of Lubbock and the WTMPA entered into a Services Agreement, whereby the City of Lubbock agreed to provide certain services on behalf of WTMPA. This agreement allows employees of the City of Lubbock to help WTMPA manage and administer the wholesale power contracts on behalf of the 50 Regular City Council Meeting July 10, 2003 Page 51 WTMPA. This includes the scheduling, invoicing and general administration related to the WTMPA wholesale power contracts. In return, the City of Lubbock is compensated for the services provided. This amendment to the Services Agreement would allow the City of Lubbock to add the WTMPA as an additional insured to the City's insurance policies. By doing so, the WTMPA would enjoy certain economies of scale allowing the WTMPA to get insurance at a lower premium than they could otherwise obtain. Likewise, the City would not be expending additional funds, as a member of the WTMPA, by the WTMPA obtaining excessive and duplicative insurance, which they are contractually required to obtain to be covered by existing City insurance policies. The WTMPA will receive an invoice for the amount of the premium on the City's insurance policies, which is associated with adding WTMPA as an additional insured. This will be invoiced in the same manner as other services are provided for under the Services Agreement. Likewise, it is expressly understood that each member city of the WTMPA is responsible for the deductible associated with a WTMPA insurable event equal to their portion of the Net Energy Received From Others as that term is defined in the Amended Power Sales Contract dated April 1, 1998. As of June 2003, this equates to approximately 87% responsibility for the City of Lubbock, 7% for the City of Brownfield, 3% for the City of Tulia and 2% for the City of Floydada. Either party may terminate the Services Agreement upon giving the other party thirty (30) days written notice. However, in no event will this agreement last longer than two (2) years. The WTMPA Board approved this amendment on June 25, 2003. Staff recommended approval of this resolution. Richard Casner, First Assistant City Attorney, gave staff comments. 3:20 P. M. Council Member Patterson and Mayor Pro Tent Hernandez arrived. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-R0274 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 3:22 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Council Member Martin made a motion to adjourn; Council Member Patterson seconded the motion. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS (46.) Consider two appointments to Market Lubbock, Inc. This item was considered following Item 44. Motion was made by Council Member Martin, seconded by Council Member Patterson to appoint Dr. David Smith to the Market Lubbock, Inc. Motion carried: 7 Yeas, 0 Nays. Motion was made by Council Member Morrison, seconded by Council Member Patterson to appoint Delbert McDougal to the Market Lubbock, Inc. Motion carried: 6 Yeas, 0 Nays. Mayor McDougal recused himself. (47.) Consider one appointment to Reese Redevelopment Authority. Motion was made by Council Member Martin, seconded by Council Member Patterson to appoint Terry Key to the Reese Redevelopment Authority. Motion carried: 7 Yeas, 0 Nays. 12:04 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. 51 Regular City Council Meeting July 10, 2003 Page 52 3:17 P. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Council Member Jim Gilbreath, Council Member Tom Martin, Council Member Frank W. Morrison, Tommy Gonzales, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Mayor Pro Tem Victor Hernandez, Council Member Boren and Council Member Patterson Mayor McDougal called the meeting to order at 3:17 P. M. The first item to be considered was Item 41. (48.) Consider seven appointments to Youth Commission — Adults. This item was deleted. (49.) Presentation from the Interim City Manager regarding his activities and accomplishments for the month of June 2003. This item was deleted. (50.) Presentation of existing School Zone and School Cross -walk Policy. This item was deleted. (51.) Discuss the Recommendations of the Council appointed Citizen's Advisory Committee regarding Capital Improvement Projects and Options for Bond Election Dates This item was deleted. (52.) Discuss possible revisions to the City of Lubbock Paving Policy pertaining to the criteria that streets or alleys are paved through assessment paving programs. This item was deleted. Read and approved this L l day of , 2005. MCDOUGAL, MAYOR ATTEST: Re ecca Garza, City Secretary 52