HomeMy WebLinkAboutMinutes - City Council - Regular - 8/28/2003CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
AUGUST 28, 2003
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 28th
day of August, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:32 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 Tom Martin, Council Member Frank W. Morrison, Council
Member T.J. Patterson
Absent: No one.
CITIZEN COMMENTS
( 1.) Stephen Halpain appeared to discuss the source of funding for
sanitary sewer services for the Lubbock Housing Authority's
proposed apartment complex.
Mr. Halpain is the owner of the Autumn Ridge Apartment complex
located at 2101 82°d Street. He commented on the request from the
Lubbock Housing Authority for funding for the sanitary sewer services for
a proposed apartment complex.
(2.) Terry Taylor, D&D Cable Service, appeared to discuss BID 122-
03BM for the relocation of water lines ahead of the Marsha Sharp
Freeway project.
Terry Taylor addressed the City Council regarding the awarding of the bid
to relocate the water lines ahead of the Marsha Sharp Freeway.
(3.) Larry Noland appeared to discuss issues related to the downfall of the
North Overton area.
Larry Noland addressed the City Council regarding who was in charge
during the downfall of North Overton.
After several derogatory remarks, Mayor McDougal asked Mr. Noland to
leave.
(4.) Larry Snodgrass appeared to discuss City of Lubbock vehicle towing
ordinances.
Larry Snodgrass had requested to speak, but was not present.
(5.) John Herrera addressed the City Council regarding the awarding of
the bid for Carpet and Brick Floor Cleaning Services at Lubbock
International Airport.
Mr. Herrera is the owner of Industrial Maintenance & Supply and
provided backup to Council for his presentation. Mayor McDougal stated
that since this item was not on the agenda, Council could not comment.
City Attorney Anita Burgess stated that her office had made an assignment
to bring information back to Council today.
(6.) Anselmo Gomez, majority owner of Coverall of Lubbock, addressed
the City Council regarding the awarding of the bid for Carpet and
Brick Floor Cleaning Services at Lubbock International Airport.
(7.) Billy Boles, co-owner of Antique Mall of Lubbock, addressed the City
Council regarding citations he has received for hanging an "open"
flag at his place of business.
Mayor McDougal stated that since this item was not on the agenda,
Council could not comment. He then asked Bob Goodwin, Corporate
Communications Manager, to assist Mr. Boles.
Regular City Council Meeting
August 28, 2003
Page 144
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
pending or contemplated litigation, the purchase, exchange, lease, or value
of real property, personnel, and competitive matters of the public power
utility as provided by Subchapter D of Chapter 551 of the Government
Code, the Open Meetings Law."
7:58 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
(5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Chief Financial Officer; Information Technology;
Management Services; Police; Water Utilities).
(6.) 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 (Facilities Management; Water Utilities).
(6A.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (Acting City
Manager; City Attorney).
(7.) 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:
Airport Board
Appointments Advisory Board
Citizens Traffic Commission
Community Development and Services Board
Keep Lubbock Beautiful Advisory Committee
(8.) 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 & 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 & 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;
to discuss, deliberate and take final action on a competitive
matter regarding plans or contracts related to the acquisition
and construction of transmission/distribution equipment and
facilities;
to discuss, deliberate and vote on a competitive matter
regarding fuel hedging/risk management strategies and policies
of Lubbock Power & Light;
to deliberate, vote and take final action on a competitive
matter regarding marketing and advertising agreements
related to retail energy sales by the City of Lubbock's electric
utility, Lubbock Power & Light;
to deliberate, vote and take final action on a competitive
matter regarding natural gas supply contracts and
amendments thereto by the City of Lubbock.
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Page 145
9:56 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council
Member Gary O. Boren, Council Member Jim Gilbreath, Council
Member Tom Martin, Council Member Frank W. Morrison, Council
Member T. J. Patterson; Quincy White, Assistant City Manager;
Anita Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one.
Mayor McDougal called the meeting to order at 9:56 A. M.
(9.) Invocation by Minister Richard Brent, Senior Minister of Lakeside
Church.
(10.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
BOARD APPOINTMENTS RECOGNITION
Community Relations Task Force
Receiving: Bonner Bennett
Cindy Finley (unable to attend)
Juan Mancias (unable to attend)
Martha Medina
Earnest Merritt (unable to attend)
Gail Tutino (unable to attend)
Youth Commission — Adults
Receiving: Eric Benson
Noe Brito
Cory Powell
David Pruett
Youth Commission — Students
Receiving: Zechariah Ebba (unable to attend)
James Neece (unable to attend)
Paizley Ramirez
Brian San Francisco (unable to attend)
Calvin Walker (unable to attend)
Zakary Wyatt (unable to attend)
CITIZENS APPEARANCES
(11.) Presentation of a special recognition to members of the 1953 Texas
Tech University Football Team in recognition of the 501h anniversary
of their Gator Bowl win on January 1, 1954.
The 1953 Texas Tech University Red Raider Football Team is celebrating
their 501h anniversary of their winning season, which culminated in a win
over Auburn University in the Gator Bowl on January 1, 1954. The Red
Raiders finished the season with an outstanding 11-1 record (the one loss
was to Texas A&M) and during the season led the nation in scoring (38.5
point average for 12 games) and fumble recoveries. The Gator Bowl win
was the first "major" bowl win for the University and only the second
bowl win for the program. The Gator Bowl also marked the first time the
Masked Rider and horse ran at a Texas Tech University football game.
The rider was Joe Kirk Fulton. Members of the team are holding a
reunion on September 5-6, 2003.
A special recognition was presented to the 1953 Texas Tech University
Red Raider Football Team. Jerry Johnson and several of his teammates
were present and accepted the recognition.
(12.) Presentation of a special recognition to the participating members of
the Texas Tech University Upward Bound CLEAR Scholars Vision
program.
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The Texas Tech Upward Bound program has partnered with visually
impaired individuals within the community to provide instruction related
to building computers and the usage of accessibility software. In
exchange, the visually impaired adults mentor the Upward Bounders on
issues relating to life skills.
A special recognition was presented to the participating members of the
Texas Tech University Upward Bound CLEAR Scholars Vision program.
(13.) Presentation of a special recognition to the Lubbock Regional Mental
Health and Mental Retardation (MHMR) Center to commemorate
September 2003 as Destination Dignity Month.
MHMR centers help Texans with mental retardation and mental health
conditions to lead productive lives. Nearly 200,000 Texans and their
families rely on the services of community MHMR centers to get the
specialized support they need. MHMR Centers also work diligently to
bring together federal, state, and local resources to expand community
care options for Texans and provide the necessary support to facilitate
living and working independently.
Destination Dignity Month was designed to promote awareness of the
Lubbock Regional MHMR Center's efforts within the community and to
celebrate the accomplishments of its clients.
A special recognition was presented to the Lubbock Regional Mental
Health and Mental Retardation (MHMR) Center to commemorate
September 2003 as Destination Dignity Month.
CONSENT AGENDA (Items No 14-16, 19-22, 24-25, 28-33, 37-39,
41-43, 45, 46
Motion was made by Council Member Hernandez, seconded by Council
Member Morrison to approve Items 14-16, 19-22, 24-25, 28-33, 37-39,
41-43, 45, 46 on consent agenda as recommended by staff. Motion
carried: 7 Yeas, 0 Nays.
(14.) Approval of Minutes: July 24, 2003
Regular City Council Meeting
August 6, 2003
Regular City Council Meeting
While discussing Item 77, Council Member Gilbreath stated this was not
`low-income housing' as reflected in Item 14 - August 6, 2003 Regular
City Council Minutes and therefore these minutes were incorrect.
Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to reconsider Item 14. Motion carried: 5 Yeas, 0 Nays.
Council Members Hernandez and Morrison were away from the dais.
Motion was made by Council Member Patterson, seconded by Council
Member Gilbreath to amend Item 42 of the August 6, 2003 Regular City
Council Minutes to read as follows: "The Lubbock Housing Authority
(LHA) is proposing to construct a 184-unit apartment complex for market
rate development." Motion carried: 5 Yeas, 0 Nays.
Council Members Hernandez and Morrison were away from the dais.
August 5, 2003
Special City Council Meeting
(15.) Ordinance #2003-00017-Abandoning and closing a portion of Geneva
Avenue and 2nd Place adjacent to Block 1, Westhaven Addition and a
10-foot utility easement and a 30-foot utility and garbage collection
easement located in Block 1, Westhaven Addition to the City of
Lubbock (3212 2nd Place) (second and final reading).
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ORDINANCE NO. 2003-00017
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
GENEVA AVENUE AND 2ND PLACE ADJACENT TO BLOCK 1, WESTHAVEN
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A
10-FOOT UTILITY EASEMENT AND A 30-FOOT UTILITY AND GARBAGE
COLLECTION EASEMENT LOCATED IN BLOCK 1, WESTHAVEN ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS 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 was read for the first time at the February 13, 2003 City
Council meeting as a routine consent agenda item. The first plat
submitted closed Geneva Avenue and 2°d Place and did not rededicate
them as easement areas. Our original value for these closures including
the credit for the cul-de-sac of 2nd Place was $33,335.63. The staff has
received and reviewed the final plat and Geneva Avenue and 2"d Place are
being dedicated as easement areas. A new north -south alley is being
dedicated on the east side of the replat. A new value due the City after
reviewing these credits against the areas being closed and the new alley
area being dedicated is $16,752.12.
FISCAL IMPACT:
Income to the City of $16,752.12.
The Right -of -Way Department recommended approval of the second
reading of this ordinance.
(16.) Ordinance No. 00088 abandoning and closing a 52-foot wide drainage
easement located in Section 16, Block E-2 (11102 Richmond Avenue)
(first reading).
ORDINANCE NO.2003-00088
AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE
EASEMENT LOCATED IN SECTION 16, BLOCK E-2, 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 52-foot wide drainage easement that
was dedicated in the original plat of Suncrest Addition, Lots 1-116.
Suncrest Addition is located along the west side of Quaker Avenue at
1071h Street and this easement being closed is located on the south side of
110th Street and Richmond Avenue. A new easement and street area is
being dedicated in the new plat south of 110th Street.
The Right -of -Way Department recommended approval of the first reading
of this ordinance.
The next item considered was Item 19.
(17.) Ordinance No. 0 amending the Solid Waste Code, Chapter 23,
Section 23-21, of the Code of Ordinances related to disposal rates
(first reading).
This item was moved from consent agenda to regular agenda and was
considered following Item 46.
This item failed due to lack of motion.
The City of Lubbock is in the process of closing that portion of the
Avenue P Landfill, which was authorized for the disposal of municipal
solid waste. The Abernathy Landfill opened in October 1999. As of
September 2000, all municipal waste has been diverted to the Abernathy
Landfill. The Avenue P Landfill remains open for the disposal of
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construction, demolition, inert debris, and serves as a citizen convenience
station for domestic waste.
Tonnage has decreased due to the increased distance from the Avenue P
Landfill to the Abernathy Landfill, the opening of several landfills or
unregulated disposal/recycling facilities, and a transfer station near the
Avenue P Landfill (waste is then transferred to a privately -owned landfill
in Canyon, Texas, south of Amarillo).
Finally, changes in effluent disposal practices have increased the amount
of sludge that will be land filled each year from 11,500 tons to 30,000
tons.
The events described above hinder our ability to process sludge for
disposal because of an inadequate amount of waste to mix with the sludge
upon arrival at the landfill and to project revenues to cover operational
expenses.
In an attempt to address both issues, staff proposed a tiered disposal fee
structure. Under the tiered tipping fee structure haulers may choose to
contract with the City to deliver, or pay for, a minimum volume of waste
at the City's landfills. Such a structure will better allow the City to project
revenues and tonnage that will in turn allow for the efficient and effective
operation of the facilities, as well as planning future cell development.
FISCAL IMPACT:
Under the tiered tipping fee structure, the City anticipated an increase of
$150,000 the first year of implementation and up to $570,000 annually
there after.
Staff recommended approval of this resolution.
Council Member Boren suggested that no action be taken on this item.
This item failed for lack of motion.
Council Member Gilbreath recused himself.
The next item considered was Item 23.
(18.) Resolution No. 2003-R authorizing the Mayor to execute a
parking lot lease with Option Three Clubs, Inc. for use of a City
parking lot (1910 Texas Avenue).
This item was deleted.
(19.) Resolution No. 2003-RO318 authorizing the Mayor to execute an
amendment to an Occupancy License Agreement with the West Texas
& Lubbock Railway Company (Brownfield Highway and Milwaukee
Avenue) (first of two amendments).
This item was considered following Item 16.
RESOLUTION NO.2003-RO318
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
Lease/License Number WTLC 020213. Agreement dated June 10, 2002 between the
City of Lubbock and West Texas & Lubbock Railway Company to allow for payment of
a one-time license fee for an underground water pipeline. Said Amendment 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.
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Passed by the City Council this 28th day of August 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 L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Amendment is filed with Resolution No. 2003-R0318.
In June 2002, the City of Lubbock took out an Occupancy License
Agreement (#020213) with the West Texas & Lubbock Railway Company
(WT&LRC) for a water pipeline crossing. This license cost the City $400
for the first year with a Consumer Price Index (CPI) escalation clause each
year thereafter. This pipeline crossing is located on the north side of the
Brownfield Highway and crosses under the WT&LRC track right-of-way
from Lubbock to Brownfield, just west of where Milwaukee Avenue will
be constructed. This installation serves the residential addition north of
the Brownfield Highway and other adjacent areas to be developed in the
future and is part of the new southwest Lubbock annexation utilities
project. This installation is permanent and is designed and constructed to
remain there forever.
Recently, the WT&LRC contacted the City with a "buyout" offer for this
crossing agreement that will allow the City to make a one-time payment to
the WT&LRC and no longer have to pay a yearly increasing amount. This
license agreement "buyout" payment will be a one-time fee of $4,100.
This "buyout" payment amounts to approximately 10 years of yearly
payments, but since these installations are permanent, it means a large
long-term savings to the City.
FISCAL IMPACT:
This will be a long-term savings to the City of thousands of dollars with a
moderate short-term cost of $4,100. These funds will be taken out of the
Water and Sewer Utilities Department account number 9132.9242.30000.
The Right -of -Way Department recommended approval of this resolution.
(20.) Resolution No. 2003-RO319 authorizing the Mayor to execute an
amendment to an Occupancy License Agreement with the West Texas
& Lubbock Railway Company (Brownfield Highway and Milwaukee
Avenue) (second of two amendments).
RESOLUTION NO.2003-RO319
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
Lease/License Number WTLC 021220. Agreement dated March 24, 2003 between the
City of Lubbock and West Texas & Lubbock Railway Company to allow for payment of
a one-time license fee for a sewer pipeline. Said Amendment 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.
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Passed by the City Council this 28th day of August 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 L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Amendment is filed with Resolution No. 2003-R0319.
This is a second "buyout" amendment offered to the City with the
WTLRC. In March 2003, the City took out another Occupancy License
Agreement (#021220) for a sewer line crossing. The cost of this license
for the first year is $520 with the Consumer Price Index (CPI) escalation
clause each year thereafter as well. This sewer line crossing is located on
the north side of the Brownfield Highway and crosses under the
WT&LRC track right-of-way from Lubbock to Brownfield, just west of
where Milwaukee Avenue will be constructed. This is a permanent
installation to serve the area north of the Brownfield Highway between
Milwaukee Avenue and Upland.
This "buyout " agreement will allow the City to make a one-time payment
of $5,200 to the WT&LRC and no longer have to pay a yearly increasing
amount. This "buyout" payment amounts to approximately 10 years of
yearly payments, but since this sewer line installation is permanent, it
means a long-term savings to the City.
FISCAL IMPACT:
This will be a long-term savings to the City of thousands of dollars with a
moderate short-term cost of $5,200. These funds will be taken out of the
Water and Sewer Utilities Department account number 9132.9242.30000.
The Right -of -Way Department recommended approval of this resolution.
(21.) Resolution No. 2003-RO320 authorizing the Mayor to execute a
street -use license with Darryl Holland for the use of a City street for
two building encroachments, a concrete ramp and dock, and an aerial
canopy (804 81h Street).
RESOLUTION NO.2003-RO320
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 Street Use License in favor
of Darryl Holland, for a building encroachment on a portion of Bch Street and an adjacent
alley, a concrete ramp, and an aerial canopy. Said License is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
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Passed by the City Council this 28th day of August, 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 L. Chamales
Linda L. Chamales, Supervising Attorney/
Office Practice Section
A copy of the License is filed with Resolution No. 2003-R0320.
This street —use license is for an existing building encroachment on a 1.3
foot area along the north side of the 800 block of 8th Street just west of
Avenue G and a 1.2 foot building and fence encroachment on the east side
of the north -south alley north of 8`h Street adjacent to Lots 11-17, Block
57, Original Town Addition. These encroachments were originally
covered in a 1994 street -use license but the property has sold and the new
owner desires to add additional improvements that will be covered in this
new license. This license adds a 5-foot by 51-foot concrete section onto
an existing dock area on Avenue G, an 8-foot by 15.5 foot loading ramp,
and an aerial canopy over the dock area. This license is for 20 years,
payable every five years in advance. The cost of this license is the $50 per
year minimum or $250 for the first five-year term.
FISCAL IMPACT:
Yearly income of $50 to the City.
The Right -of -Way Department recommended approval of this resolution.
(22.) Resolution No. 2003-RO321 accepting paving improvements
constructed by Lone Star Dirt and Paving Construction Co., in
Lakeridge Country Club Estates, Lots 991-998 and Tracts A14 and
A15.
RESOLUTION NO. 2003-RO321
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS
AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 991-998 & Tracts
A-14 & A-15 Lakeridge Country Club Estates, made arrangements with Lone Star Dirt &
Paving Construction Company, Inc. for the construction of paving improvements on
certain streets and avenues dedicated in said subdivision under the provisions of said
Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition,
including the following streets and avenues:
91" Street from the existing curb and gutter at the Southeast corner of Lot
686-A, Lakeridge Country Club Estates to end of the cul-de-sac at Lots
997 and 998 Lakeridge Country Club Estates, known and designated as
New Subdivision Sub -Unit Number 78 of Unit Number 2042.
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WHEREAS, the construction of the above improvements on the above -mentioned
streets and avenues was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets and avenues BE and the same are hereby accepted and the City Engineer is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council and to
direct refund of the cash bond placed by the Developer in the amount of $35,804.20
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims
Assistant City Attorney
This is a routine acceptance of paving improvements required at the time
of platting this new subdivision. These improvements consist of street and
alley paving and curb and gutter on:
91 St Street from the southeast corner of Lot 686-A Lakeridge Country
Club Estates to the end of the cul-de-sac at lots 997 and 998 Lakeridge
Country Club Estates.
FISCAL IMPACT:
There is no City cost due the contractor upon this acceptance. The
developer placed a cash bond with the City in the amount of $35,804.20 to
provide for the paving improvements required at the time of platting this
new subdivision. This resolution will authorize the City Engineer to
refund the cash bond to the developer.
Staff recommended approval of this resolution.
The next item considered was Item 24.
(23.) Resolution No. 2003-R0338 amending Resolution No. 2002-R0472,
concerning payment of supplemental pay to employees who are called
to active military duty, to extend for an additional one-year period to
end September 30, 2004.
This item was moved from consent agenda to regular agenda and was
considered following Item 17.
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RESOLUTION NO.2003-RO338
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS, AMENDING RESOLUTION 2002-RO472 SO AS TO EXPIRE ON
SEPTEMBER 30 2004, DIRECTING THE CITY MANAGER TO GRANT MILITARY
LEAVE AND TO PAY SUPPLEMENTAL PAY IN AN AMOUNT NECESSARY TO
ENSURE NO LOSS IN WAGES BETWEEN MILITARY PAY AND EMPLOYEE'S
GROSS WAGES LESS CAR ALLOWANCE AND EXPENSE ALLOWANCE TO ALL
FULL-TIME EMPLOYEES WHO ARE CALLED TO ACTIVE DUTY TO SERVE
OUR COUNTRY AND AUTHORIZING THE USE OF ACCRUED LEAVE
BALANCES AFTER ALL MILITARY LEAVE IS USED
WHEREAS, the City of Lubbock wishes to express its appreciation of the service
and dedication of employees called to serve our country and;
WHEREAS, the City of Lubbock deems it appropriate and in the best interest of
the City to grant paid military leave in an amount necessary to ensure no loss in wages
between military pay and gross wages less car allowance and expense allowance for all
full-time employees who are called to active duty in the U.S. Armed Forces or State
National Guard and;
WHEREAS, the City of Lubbock deems it appropriate to allow the use of accrued
paid leave balances including vacation, holiday, and compensatory leave to supplement
the difference between military pay and gross wages less car allowance and expense
allowance once all military leave is utilized and;
WHEREAS, the City of Lubbock deems it appropriate, in the public interest, and
in the best interest of the City to grant "Supplemental Pay" to all full-time employees
called to active duty in an amount necessary to ensure no loss in wages between military
pay and the employee's gross wages less car allowance and expense allowance after the
date the full-time employee exhausts all vacation, holiday and compensatory time as
hereafter provided and;
WHEREAS, the City Council of the City of Lubbock adopted Resolution 2002-
R0472 on October 24, 2002 authorizing and directing the city manager to grant military
leave and to pay supplemental pay in an amount necessary to ensure no loss in wages
between military pay and employee's gross wages less car allowance and expense
allowance to all full-time employees who are called to active duty to serve our country
and authorizing the use of accrued leave balances after all military leave is used and;
WHEREAS, Resolution 2002-RO472 expires on September 30, 2003 and;
WHEREAS, the City Council of the City of Lubbock deems it appropriate and in
the best interest of the City to amend Resolution 2002-RO472 so as to extend the
expiration date to September 30, 2004.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1. Resolution 2002-RO472 adopted on October 24, 2002 is hereby
amended so as to expire on September 30, 2004 and is further hereby amended to read as
follows.
SECTION 2. That the City of Lubbock hereby directs the City Manager to grant
paid military leave in an amount necessary to ensure no loss in wages between military
pay and gross wages less car allowance and expense allowance to all full-time employees
who are called to active duty to serve our country.
SECTION 3. That the City of Lubbock hereby authorizes the use of accrued
leave balances, including vacation, holiday and compensatory time, to supplement
military pay once all military leave is utilized.
SECTION 4. That the City of Lubbock further hereby directs the City Manager
to grant Supplemental Pay without accrual of vacation or sick leave to all full-time
employees called to active duty, in an amount necessary to ensure no loss in wages
between military pay and the employee's gross wages less car allowance and expense
allowance from the date the full-time employee exhausts all vacation, holiday, and
compensatory time as provided in Section 3 hereof. Supplemental Pay for full-time
employees who are called to active duty to serve our country shall be reviewed, on an
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Page 154
annual basis, during the City's budget process The Supplemental pay provided for in this
Resolution shall expire on September 30, 2004.
SECTION 5. Notwithstanding the foregoing, no employee or officer of the City
will be paid a sum in excess of $25,000 per annum, in the event they are called to active
duty in the United States Armed Forces or the State National Guard.
SECTION 6. That the City of Lubbock hereby authorizes this resolution to take
effect immediately for and after its passage.
Passed by the City Council this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Scott Snider
Scott Snider, Interim Director of Human Resources
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
Resolution No. 2002-RO472 passed by the City Council on October 24,
2002, expires September 30, 2003. This resolution authorizes paying a
full-time employee who is called to active military duty an amount
necessary to ensure no loss in wages between military pay and the
employee's gross wages less car allowance and expense allowance and the
use of accrued leave balances after all military leave is used. At the time
the Resolution was adopted, it was estimated that 32 employees were
eligible to be called to active
e that military
approximately $505,407. Sincime,, 9 employees have been called to
active duty. Two of the 9 are not eligible for supplemental pay because
their military salary is greater than their City salary. Seven employees
were eligible for supplemental pay. Staff has paid about $45,591 to date.
Of the seven receiving supplems continuental to be, three have returned
duty. Four employee paid under thesupplemental pay
policy.
The two employees who were not eligible for supplemental pay have been
released from active duty.
FISCAL IMPACT:
$515,517 ($505,407 plus 2% increase)
Staff recommended approval of this resolution. Under the Texas
Constitution, the Council must determine that amending this Resolution is
a public purpose.
y Council
Motion was made by Council r2003-R0338 as recommended Morrison, secnded bby
Member Martin to pass Resolution No
staff.
Council Member Boren offered a friendly amendment stating as follows:
"Section 5 would read notwithstanding the foregoing, no employee or
officer of the City will �o ca Vesum in the United Statn excess of es Armed Forces
per annum, in
the event they are called
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Page 155
or the State National Guard. Section 5 already stated would be renumbered
Section 6."
Council Members Morrison and Martin accepted the friendly amendment.
Motion carried: 6 Yeas, 1 Nay. Council Member Hernandez voted Nay.
The next item considered was Item 26.
(24.) Resolution No. 2003-RO322 to award a one-year contract with
OccMed Associates to provide drug/alcohol screenings and physicals
for employees and applicants with the ability to automatically renew
for two additional, one year terms, upon the expiration of its initial
term, per RFP # 096-03/DC.
This item was considered following Item 22.
RESOLUTION NO.2003-RO322
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 Agreement to provide
employment physicals, and drug and alcohol screening services per RFP #096-03/DC, by
and between the City of Lubbock and OCCMED Associates, LP and Dmitry Golovko
Md, PA (Providers), and related documents. Said agreement 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.
Passed by the City Council this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Scott Snider
Scott Snider, Interim Director of Human Resources
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the agreement is filed with Resolution No. 2003-R0322.
The City of Lubbock requires pre -placement drug screens on all positions.
In addition, drug screens are also required for promotions and Department
of Transportation random and reasonable cause testing.
The use, and abuse, of drugs is a significant problem currently faced by
employers. Employees who use drugs are more likely to be absent, injure
themselves or a co-worker, be involved in an accident off the job, file a
Worker's Compensation claim and become less productive.
The City of Lubbock requires drug/alcohol testing for approximately 600
applicants/employees each year; 150 to 200 are required by the
Department of Transportation.
Proposals were received from the following vendors:
Lubbock Occupational Health Lubbock TX
2. OCC Med Associates
Lubbock, TX
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3. Physicians Network Services Lubbock, TX
Selection Committee Process
Five employees comprised the Committee that evaluated the drug/alcohol
and physical components of this proposal. They included: Anthony
Jones, Staffing Coordinator; Rhea Cooper, Assistant Fire Chief, Kevin
McClaran, Microbiologist II from the City's Health Department; Leisa
Hutcheson, Risk Management Coordinator; and Harlan Stauffer, Director
of Facilities Maintenance.
Each member of the Committee was required to read each drug/alcohol
proposal and rate the agency based on the following criteria:
1.
Qualifications and expertise of firm.
15%
2.
Experience of staff assigned to project.
15%
3.
Initial screening and confirmation process.
13.33%
4.
Collection and handling process.
13.33%
5.
Processed by NIDA Certified Lab.
13.33%
6.
Firms ability to provide expert witness testimony.
10%
7.
References.
10%
8.
Cost.
10%
After the initial rating process, it was determined that site visits were
necessary to further evaluate the three vendors.
Each Committee member was required to rate the vendors, during the site
visits, on the following criteria:
1. Americans with Disability Act (ADA) Compliance. 20%
2. Demonstrated Intake Procedures. 20%
3. Demonstrated Collection, Storage, Shipping 20%
and Receiving.
4. Demonstrated Reporting Procedures for Positive 20%
and Negative Results.
5. Proposal Bid Justifies all Cost. 20%
Following the site visits, OccMed Associates received the highest overall
rating of 40.8. It is the position of the evaluation Committee that OccMed
Associates can provide quality service at a lower overall cost to the City.
The following are the total cumulative ratings for all three competing
vendors:
Lubbock Occupational Health (33.2)
OccMed Associates (40.8)
Physicians Network Services (32.4)
Physical Component
The City has two job categories; Non -Civil Service and Civil Service
(Firefighters and Police Officers) that require pre -placement or
promotional physical examinations.
The purpose of the examination is to ensure that an employee's physical
abilities are matched to a job that he/she is capable of performing safely
without undue risk of injury to the employee or co-workers. The task of
matching a person's capabilities to the appropriate job or job
modifications can be a complicated task, which requires special
knowledge of the work place environment. Approximately 200-250 Non -
Civil Service and 100-150 Civil Service applicants/employees would
require physicals each year.
Proposals were received from the following vendors:
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1. Lubbock Occupational Health Lubbock, TX
2. OccMed Associates Lubbock, TX
3. Physicians Network Services Lubbock, TX
Selection Committee Process
The evaluation Committee mentioned above was required to read each
physical proposal and rate the agency based on the following criteria:
1. Qualifications and expertise of firm. 15%
2. Experience of staff assigned to project. 15%
3. Intake and examination procedures. 20%
4. Amount of time spent on work related physicals. 20%
5. Firms ability to provide expert witness testimony. 10%
6. References. 10%
7. Cost. 10%
After the initial rating process, it was determined that site visits were
necessary to further evaluate all the three vendors.
Each Committee member was required to rate the vendors, during the site
visits, on the following criteria:
1. Americans with Disability Act (ADA) Compliance. 20%
2. Demonstrated Intake Procedures. 20%
3. Demonstrated Occupational Health 20%
Examination Procedures.
4. Demonstrated Reporting and Follow-up Procedures. 20%
5. Proposal RFP justifies all Cost. 20%
Following the site visits, OccMed Associates received the highest overall
cumulative rating of 36.8. It is the position of the evaluation Committee
that OccMed Associates can provide quality service at a lower overall cost
to the City.
Lubbock Occupational Health (35.6)
OCC Med Associates (36.8)
Physicians Network Services (27.7)
FISCAL IMPACT:
$43,156 (per one-year term)
$129,468 (total of three one-year terms)
It is important to note that the above costs will be divided between the
applicable user departments in the organization.
The evaluation Committee recommended OccMed Associates be awarded
a one-year contract with OccMed Associates to provide drug/alcohol
screenings and physicals for employees and applicants with the ability to
automatically renew for two additional, one-year terms, upon the
expiration of its initial term.
Summary Notes
• OccMed Associates received the highest "overall" cumulative
rating on the drug/alcohol and physical components of the RFP.
• OccMed Associates is the only vendor with a Board Certified
Occupation Medicine Physician (RFP component for physicals) as
well as a Board Certified Medical Review Officer (MRO) on staff
(RFP component for drug/alcohol screens).
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• Lubbock Occupational Health has a Board "eligible" Occupation
Medicine Physician on site (RFP component for physicals).
However, they stated they would have to sub -contract with several
Board Certified Medical Review Officers around the state because
they do not have one on staff. This is not an optimum situation, as
it does not provide a "face to face" meeting between the MRO and
the patient who has tested positive for drugs and/or alcohol.
Physicians Network Services has a physician on staff that is
currently completing the requirements to become "eligible" to sit
for his board certification test (RFP component for physicals).
Physicians Network Services does have a Board Certified Medical
Review Officer on staff (RFP component for drug/alcohol
screens). Furthermore, it is the opinion of the evaluation
Committee that Physicians Network Services is geared more
toward family medicine as opposed to occupational medicine.
(25.) Resolution No. 2003-RO323 authorizing the Mayor to execute a Local
Law Enforcement Block Grant application from the Department of
Justice and to authorize the expenditure of one -ninth matching funds
upon the awarding of this grant.
RESOLUTION NO.2003-RO323
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
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 Agreement with the
United States Department of Justice, and any associated documents, for a grant in the
amount of $205,159 to fund new technology for the Lubbock Police Department Public
Safety Computer System, and that the Council hereby agrees, in accordance with the
requirements of such grant application, to a cash match of $22,795, which is one -ninth of
such grant amount.
Passed by the City Council this 28th day of August, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst. City Attorney
The Omnibus Fiscal Year 1999 Appropriations Act authorizes the Bureau
of Justice Assistance Director to make funds available to local units of
government under the Local Law Enforcement Block Grant program for
the purposes of reducing crime and improving public safety.
The Police Department requests that the City Council authorize the Mayor
to execute this grant application with the Department of Justice. The
Police Department requests this grant to purchase new technologies to
enhance the department's Public Safety Computer System.
FISCAL IMPACT:
The Local Law Enforcement Block Grant requires one -ninth matching
funds from the City, to be obligated and expended during the Federal
project period. This Local Law Enforcement Block Grant is in the amount
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of $205,159. The City's match will be $22,759. The grant match funding
is available in the 2002-2003 Police Budget.
The funds are to enhance technology within the Police Department and to
authorize the expenditure of one -ninth matching funds upon the awarding
of this grant.
The Police Department strongly recommended approval of this resolution.
The next item considered was Item 28.
(26.) Resolution No. 2003-RO339 authorizing the Mayor to execute
Contract Change No. 6 for a 3-month extension of an existing contract
with the Texas Department of Health (TDH Document No.
7560005906 2003) for Immunization Services, and any associated
documents.
This item was moved from consent agenda to regular agenda and was
considered following Item 23.
RESOLUTION NO.2003-RO339
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 Contract Change No. 6 for a 3 month
extension of an existing contract with the Texas Department of Health (TDH Document
No. 7560005906 2003) for Immunization Services and any associated documents by and
between the City of Lubbock and the Texas Department of Health, a copy of which
Contract Change No. 6 and associated documents are 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 28th day of August, 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, Attorney of Counsel
A copy of the Contract Change No. 6 is filed with Resolution No. 2003-R0339.
Contract Change Notice No. 6 to TDH Document No. 7560005906 2003
extends our current contract that began 09/01 /02 by three additional
months and will now end on 12/31 /03. The extension will give the Texas
Department of Health additional time to get new contracts issued due to
budgetary issues created by the recent legislative session. The current
contract is increased from the current approved budget of $107,153 to the
new revised budget of $142,870, an increase of $35,717 for the additional
3 months.
This attachment provides salaries and fringe benefits for a Registered
Nurse, a Licensed Vocational Nurse, and a Secretary to run the program.
The City of Lubbock provides an immunization clinic with the fewest
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barriers to service. Activities include providing immunizations at the
Health Department clinic, outreach activities for infants, children and
high -risk adults in their homes, correctional facilities, at day care centers,
the South Plains Mall, health fairs and senior citizen centers, and
investigation and initiation of control measures for vaccine -preventable
diseases.
FISCAL IMPACT:
It is uncertain at this point what the complete impact will be until the new
contracts are written in December 2003. There is the possibility that with
this three -months extension, our contributions to grants in the general fund
could possibly be reduced by the amount being given to us with this
extension.
This program fulfills the Core Missions of Public Health —those of
Surveillance and Disease Prevention. Without the funding from the Texas
Department of Health contract, our local public health efforts would be
greatly impaired and the risk of illness in Lubbock citizens would
increase.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass Resolution No. 2003-RO339 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 27.
(27.) Resolution No. 2003-RO340 authorizing the Mayor to execute
Contract Change No. 1 to a contract with the Texas Department of
Health (TDH Document No. 7560005906 2004) for HIV Surveillance
Services, and any associated documents.
This item was moved from consent agenda to regular agenda and was
considered following Item 26.
RESOLUTION NO. 2003-RO340
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 Contract Change No. 01 to a Contract
with the Texas Department of Health (TDH Document No. 7560005906 2004) for
Surveillance Services and any associated documents by and between the City of Lubbock
and the Texas Department of Health, a copy of which Contract Change No. 01 and
associated documents are 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.
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Page 161
Passed by the City Council this 28th day of August, 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, Attorney of Counsel
A copy of the Contract Change No. 01 is filed with Resolution No. 2003-R0340.
Contract Change Notice No. 1 to TDH Document No. 7560005906 2004,
Attachment No. 2, in the amount of $50,251 supports salary, fringe
benefits, travel and supplies for the HIV/AIDS Surveillance Specialist. In
addition, $3,184 of indirect (administrative) costs are included in this
attachment. There is no change from last year.
This person does not operate a clinic; rather as a Surveillance Specialist,
he is dedicated to investigating cases of HIV and AIDS infection in
Lubbock. HIV/AIDS surveillance data have been collected since 1983
and thus cumulatively, as of August 1, 2003, 852 individuals have been
diagnosed as HIV positive, 510 have AIDS and 213 individuals have died
of AIDS -related complications, in the Lubbock area. One of the primary
missions of public health is to monitor the health status of the community
by identifying and investigating health problems and health hazards. On-
going surveillance is essential in determining the nature and extent of HIV
and AIDS infection in Lubbock. Accurate numbers may increase the
availability of additional funding from outside sources, in order to provide
services to those infected.
FISCAL IMPACT:
The Contributions to Grants in the General Fund is projected at $3,968.86
This program fulfills the Core Missions of Public Health —those of
Surveillance and Disease Prevention. Without the funding from the Texas
Department of Health contract, our local public health efforts would be
greatly impaired and the risk of illness in Lubbock citizens would
increase.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass Resolution No. 2003-R0340 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 35.
(28.) Resolution No. 2003-R0324 authorizing the Mayor to execute a lease
agreement with the Texas Forest Service, to provide office space in the
Fire Department Administration building.
This item was considered following Item 25.
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RESOLUTION NO.2003-RO324
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 Interlocal Agreement for
Lease of Space by and between the City of Lubbock and Texas Forest Service, and all
related documents. Said Agreement 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.
Passed by the City Council this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2003-R0324.
The Texas Forest Service has a regional Fire Service Coordinator assigned
to this area of the state. This action would renew the lease for office
space, for this individual, in the Fire Administration building. This
provides several benefits to the Fire Department such as additional
training opportunities and to provide an on -site liaison with the Texas
Forest Service, for resource coordination, in the event of a major incident.
FISCAL IMPACT:
The lease of this office (120 square feet) provides an annual income of
$1800 to the City of Lubbock.
Staff recommended approval of this resolution.
(29.) Consider authorizing an exemption to the City Ordinance Chapter 5,
Article 1, Section 5-1, to allow an aerobatic demonstration at the
General Aviation Fly -In Breakfast on September 13, 2003.
Approval by City Council is required for aerobatic activities over the City.
This is done on a case -by -case basis under City Ordinance Chapter 5,
Article 1, Section 5-11. The General Aviation Fly -In Breakfast is
scheduled for September 13, 2003 and an aerobatic demonstration is
planned for that morning.
FISCAL IMPACT:
None.
The Airport Board and staff recommended approval of this resolution.
(30.) Resolution No. 2003-RO325 authorizing the Mayor to execute an
assignment of the lease agreement with ABX Air, Inc. to Airborne
Express, Inc.
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Page 163
RESOLUTION NO. 2003-RO325
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 consent to the Assignment
of the Lease Agreement with ABX Air, Inc. to Airborne Express, Inc. at Lubbock
International Airport. Said Consent 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 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
Interim Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Consent is filed with Resolution No. 2003-R0325.
Airborne, Inc., parent company of ABX Air, has merged with DHL
Worldwide Express. Due to the merger, ABX Air will become an
independent company that will no longer be affiliated with Airborne.
ABX Air wishes to assign the ramp lease to Airborne Express, Inc.
FISCAL IMPACT:
None.
The Airport Board and staff recommended approval of this resolution.
(31.) Resolution No. 2003-RO326 authorizing the Mayor to execute a grant
agreement between the Federal Aviation Administration and the City
of Lubbock.
RESOLUTION NO.2003-RO326
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 Grant Agreement for
Federal Assistance, in substantially the form of the attached Agreement, by and between
the City of Lubbock and the Federal Aviation Administration for funding the Airport
Master Plan and a specified Security Project on Lubbock International Airport, and all
related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
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Page 164
Passed by the City Council this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
John McGinley, Interim Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2003-R0326.
Lubbock International Airport is eligible to receive annual entitlement
funds from the Federal Aviation Administration (FAA) under the Airport
Improvements Program (AIP). Funds under this program are restricted to
safety, capacity and security improvements at the nation's airports. This
year, Lubbock International's entitlement will be $3,476,590. This agenda
item involves the acceptance of $1,387,371 for a new airport master plan
and several security projects to include the purchase of two guard shelters
and communication equipment, modifications to revolving doors,
construction of a law enforcement center, freight road gate improvements,
and vehicle gate improvements. The total cost of these projects is
estimated to be $1,541,523. The total amount of AIP commitment on
these projects will be $1,387,371. The remaining $154,152 will be funded
through the FAA's Passenger Facility Charge (PFC) program. The City
Council has already approved capital budgets for these projects.
The remaining $2,089,219 included in this year's entitlement will be
carried over to the FY 2004 grant application and is currently reserved for
the Blast Wall Parking Facility Project.
FISCAL IMPACT:
The acceptance of the federal grants will not affect the airport's operating
budget. However, the funds will allow LIA to complete capital projects
ensuring safety, capacity, and security.
The Airport Board and staff recommended approval of this resolution.
(32.) Resolution No. 2003-RO327 authorizing the Mayor to execute a lease
agreement between the City of Lubbock and the General Services
Administration (GSA) for the Transportation Security
Administration (first of two agreements).
RESOLUTION NO.2003-RO327
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, by and between the
City of Lubbock and the United States of America, for office space at Lubbock
International Airport, and all 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.
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Passed by the City Council this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
John McGinley
Interim Director of Aviation
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims
Assistant City Attorney
A copy of the lease is filed with Resolution No. 2003-R0327.
Over the past 12 months the Transportation Security Administration
(TSA) has put staff in place to conduct passenger and baggage screening
operations in the terminal. TSA wishes to lease 561 square feet in the
terminal for an employee break room. The lease has an initial term of two
years, with total rental fees in the amount of $7,564 a year.
FISCAL IMPACT:
Increase annual revenues by $7,564.
The Airport Board and staff recommended approval of this resolution.
(33.) Resolution No. 2003-RO328 authorizing the Mayor to execute a lease
agreement between the City of Lubbock and the General Services
Administration (GSA) for the Transportation Security
Administration.
RESOLUTION NO.2003-RO328
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, by and between the
City of Lubbock and the United States of America, for office space at Lubbock
International Airport, and all 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.
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Page 166
Passed by the City Council this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
John McGinley
Interim Director of Aviation
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims
Assistant City Attorney
A copy of the lease is filed with Resolution No. 2003-R0328.
Over the past 12 months, the Transportation Security Administration
(TSA) has established an administrative office at LIA and hired staff to
oversee TSA operations in Lubbock, Amarillo and Midland. TSA wishes
to lease the 4,610 square feet of office space in the former Airways
Facilities Building. The lease has an initial term of two years, with total
rental fees in the amount of $32,270 a year.
FISCAL IMPACT:
Increase annual revenues by $32,270.
The Airport Board and staff recommended approval of this resolution.
The next item considered was Item 37.
(34.) Resolution No. 2003-R authorizing the Mayor to execute a
contract extension between the City of Lubbock and Barbara T.
McCall & Associates for consulting services with regard to federal
legislation and agencies.
This item was deleted.
(35.) Resolution No. 2003-RO341 authorizing the Mayor to execute a
contract with Unique Management Services Inc. for the purpose of
recovering fines and long overdue materials for the Lubbock Public
Library.
This item was moved from consent agenda to regular agenda and was
considered following Item 27.
RESOLUTION NO. 2003-RO341
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 for collection
agency services for Lubbock Public Library, by and between the City of Lubbock and
Unique Management Services, Inc. of Jefferson, Indiana 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.
THAT this item shall be reviewed at revised budget in 2004.
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Page 167
Passed by the City Council this 28th day of August, 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/ Linda Chamales
Linda Chamales, Supervising Attorney
Office Practice Section
A copy of the Contract is filed with Resolution No. 2003-R0341.
In October 2001, the Library began conducting a six-month long internal
study to track losses stemming from the circulation process. These losses
from "delinquent" materials checked out by library patrons represent a
loss of both library materials purchased at public expense, as well as the
uncollected "overdue" fines.
Our study concluded that the loss rate is an average 14 items per day. The
Library will spend approximately $164,000 per year to replace these lost
materials, which is a large percentage of the budget for new materials.
The Library entered into a trial period with Unique Management Services
Inc. to recover fines and long overdue materials.
FISCAL IMPACT:
During the trial period, Unique Management Services Inc. recovered
$13,199.27 in fines and $23,762.61 in long overdue materials (as of July
31, 2003).
Unique Management Services Inc. charges the Library $8.95 for each
patron account that it attempts to collect. The Library adds a $10.00 fee to
every patron's account that is turned over to Unique Management, which
covers the cost of collection. Unique Management Services Inc. has a
budget neutral guarantee that states that the Library will recover at least
enough money to pay for the cost of the service in addition to the materials
recovered.
Staff recommended approval of this resolution.
Motion was made by Council Member Morrison, seconded by Council
Member Hernandez to pass Resolution No. 2003-RO341 as recommended
by staff.
After discussion, Council Member Morrison amended his motion as
follows: "To come back and review this item at revised budget". Council
Member Hernandez accepted the amendment. Motion carried: 6 Yeas, 1
Nay. Council Member Martin voted Nay.
The next item considered was Item 36.
(36.) Consider a request by Benny Judah (Excel Land Development) for
special handling of solid waste collection on Lots 1-68, and Tracts A thru
D, The Falls at Suncrest Addition.
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This item was moved from consent agenda to regular agenda and was
considered following Item 35.
The Falls at Suncrest Addition, located at 109th and Indiana, has been
designed without alleys to allow for placement of dumpsters for the
regular collection of garbage. In order to provide garbage collection to
this addition, staff proposes to collect garbage from the curb using rollout
carts.
Under normal circumstances the City does not authorize curbside garbage
collection using rollout carts. However, the City was notified in October
2002 that metal containers may no longer be placed in State's right of
way. Because the City has several customers whose garbage containers
are located in state right-of-way, the most cost effective way to address
this issue was to switch their service to rollout carts and when replacing
the collection trucks on those routes, have an attachment added that would
allow collection of both dumpsters and rollout carts. The trucks have been
ordered but have not been delivered.
In order to accommodate the request made by Mr. Judah, staff has
determined that the cost of the rollout carts is comparable to the cost of
dumpsters, and that the trucks used to collect the rollout carts on State
right-of-way will be used to collect garbage at the Falls at Suncrest
Addition.
FISCAL IMPACT:
Because the trucks have already been ordered and are capable of
collecting from both rollout carts and dumpsters, and the cost of the carts
are comparable to the cost of dumpsters, the remaining impact will be the
decrease in operational efficiency due to the increased time to collect
garbage, due to maneuvering in the area and picking up four carts versus
one dumpster.
Staff recommended approval of this resolution.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to approve Item 36 as recommended by staff. Motion
carried: 6 Yeas, 0 Nays.
Council Member Gilbreath recused himself.
The next item considered was Item 40.
(37.) Resolution No. 2003-RO329 for Schedule to Master Agreement for
Tax -Exempt Equipment Lease Financing.
This item was considered following Item 33.
RESOLUTION NO.2003-RO329
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
agreement adding a schedule to the master agreement for tax-exempt equipment lease
financing approved by the City Council on February 13, 2003, Resolution #2003-R0064,
by and between the City of Lubbock and SunTrust Leasing Corporation of Towson,
Maryland and related documents. Said amendment 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.
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Passed by the City Council this 28th day of August, 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
A copy of the amendment is filed with Resolution No. 2003-R0329.
On February 13, 2003, the City Council approved a master agreement for
tax-exempt municipal lease/purchase financing with SunTrust Leasing
Corporation of Towson, Maryland (Resolution #2003-R0064). At that
time, the City financed 35 police cars, related police car equipment, and
related police car striping for a three-year term and financed two 125 HP
motor graders, one 375 HP tractor, four 125 HP tractors, one 102 HP
tractor, one self-propelled swather, one pull type scraper, two round
balers, and one center pivot system on a five-year term. This resolution
adds a schedule for the lease/purchase of a 25-ton off road articulated
dump truck for the Solid Waste Department.
FISCAL IMPACT:
The amount financed is $217,900 over five years at 2.2817% with total
interest payments of $9,941.10. The annual payment in advance amount is
$45,568.22 for five years. A total of $50,000 was appropriated and
$50,000 is available in project number 5515.8704 (Rent Lease Machine
Equipment) for this purpose.
Execute agreement -adding schedule to master agreement, or such
alternative action, as the City Council may deem appropriate.
(38•) Resolution No. 2003-RO330 authorizing the Mayor to execute Change
Order No. 6 for the Annexation Sanitary Sewer project. This change
order reduces the contract price by $93,334.40.
RESOLUTION NO.2003-RO330
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 Change Order No. 6 to a contract
(ITB #048-01/VK) with Utility Contractors of America, and any associated documents,
for deletion of Option 0.2 for a reduction of $93,334.40 in the contract price, a copy of
which Change Order No. 6 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.
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Page 170
Passed by the City Council this 28th day of August, 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/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Change Order No. 6 is filed with Resolution No. 2003-R0330.
Major components of this change order are the elimination of Option 0.2
for $235,056, additional payment to the Contractor of $88,350 for rock
encountered during construction, payment to the Contractor of $35,016.80
for materials on hand, and payment to the Contractor of $18,354.80 for
other miscellaneous items of additional work.
Option 0.2 is approximately 3200 feet of 21-inch pipe from Milwaukee to
Quincy. It was intended to serve the two square miles from 82"a street to
98`h street between Milwaukee and Alcove. However, due to changes in
the development of this area, this line is not necessary at this time.
FISCAL IMPACT:
The original bid for this project was $4,136,593.35. Previous change
orders have added $227,956.41 to the contract price. The budget for this
project is $5,300,000.
Staff recommended approval of this resolution.
(39.) Resolution No. 2003-110331; Resolution No. 2003-110332; BID
#078-03BM—for Water and Sanitary Sewer Installation Services
— Annual Pricing (Public Works).
RESOLUTION NO.2003-RO331
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 Letter of Award for water
and sanitary sewer installation services — annual pricing, ITB #078-03/BM, by and
between the City of Lubbock and Rink's Lease Service, Inc. of Levelland, Texas, and
related documents. Said Letter of Award 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.
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Passed by the City Council this 28th day of August, 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
A copy of the Letter of Award is filed with Resolution No. 2003-R0331.
RESOLUTION NO.2003-RO332
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 Letter of Award for water
and sanitary sewer installation services — annual pricing, ITB #078-03BM, by and
between the City of Lubbock and H. D. Weaver Ditching Service, Inc. of Lubbock,
Texas, and related documents. Said Letter of Award 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.
Passed by the City Council this 28th day of August, 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
A copy of the Letter of Award is filed with Resolution No. 2003-R0332.
This bid establishes annual pricing for installation of various water and
sanitary sewer system components necessary to complete construction
projects and tap installations in a timely manner. Major contract items
include installation of sewer and water taps, installation of water lines and
valves, installation of fire hydrants, installation of sanitary sewer lines and
manholes, boring and casing installation, and rental of various pieces of
construction equipment and operators. Construction materials are to be
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provided by the City of Lubbock but installed by the successful bidders.
The Public Works Department will use the services of the contractors as
necessary for timely completion of projects.
In order to ensure and maintain adequate services throughout the City, the
Public Works Department will utilize the services of a primary contractor
and a secondary contractor for the equitable and prudent accomplishment
of all services under this specific contract. The low bidder will retain the
first right of refusal on any and all projects, and will exercise that right to
the owner and its agent, in writing, stating specifically the nature of
imposing that right, as in the best interests of the City and the
accomplishment of jobs in a timely manner to uphold the integrity of the
City. The City will offer any and all projects under this contract to the
successful low bidder as the first option.
Ninety-four local businesses were notified of the Invitation to Bid.
FISCAL IMPACT:
This project is 100% Reimbursement from Pro-Rata, account number
221.231.
Award bid to H.D. Weaver Ditching Service, Inc. of Lubbock, Texas (as
Primary) for $720,530 and Rink's Lease Service, Inc. of Levelland, Texas
(as Secondary) for $1,185,428, or such alternative action as the City
Council may deem appropriate.
The next item considered was Item 41.
(40.) Resolution No. 2003-110342; Resolution No. 2003-110343; Resolution
No. 2003-110344; Resolution No. 2003-110345/13I1) #095-03/VK —for
Repair and Servicing of Police Department Fleet Vehicles (Fleet
Services).
This item was moved from consent agenda to regular agenda and was
considered following Item 36.
RESOLUTION NO. 2003-RO342
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 for repair and
servicing of police department fleet vehicles, by and between the City of Lubbock and
Scott's Complete Car Care 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.
Passed by the City Council this 28th day of August, 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
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A copy of the Contract is filed with Resolution No. 2003-R0342.
RESOLUTION NO.2003-RO343
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 for repair and
servicing of police department fleet vehicles, by and between the City of Lubbock and
York Tire Company, 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.
Passed by the City Council this 28th day of August, 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
A copy of the Contract is filed with Resolution No. 2003-R0343.
RESOLUTION NO.2003-RO344
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 for repair and
servicing of police department fleet vehicles, by and between the City of Lubbock and
Gene Messer Ford 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.
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Page 174
Passed by the City Council this 28th day of August, 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
A copy of the Contract is filed with Resolution No. 2003-R0344.
This bid is for the repair and servicing of Police Department fleet vehicles
involving a one-year pilot program to have Police Department vehicles
serviced by outside vendors. Actual comparisons between the cost of
preventative and repair maintenance performed by the City's Fleet
Services Department and outside repair shops will be documented. In
order to ensure adequate coverage for remote locations throughout the
City and for all makes and models of Police Department vehicles, staff
recommended contract award to multiple repair shops to provide the
desired services.
After 146 local community repair shops were notified of the Invitation to
Bid, a comprehensive bid package was sent to those interested vendors.
Since the goal is to secure full service repair shops, the bid package
allowed repair shop owners to itemize costs and capabilities for repairs
performed on police fleet vehicles. In addition to total services provided,
labor costs, and repair and replacement parts pricing and discounts, the bid
evaluation included:
• past experience with the business,
• number and location of facilities,
• time required to perform itemized repairs,
• the quality of work performed, and
• the warranty on work performed.
After a best value evaluation of the twelve bidders who returned the
completed Invitation to Bid package, four repair shops were found to meet
all listed maintenance service requirements at a competitive parts and
labor cost, while the remaining eight could not.
The pilot program will begin October 1, 2003, and is part of
management's on -going evaluation of the effectiveness and cost of in-
house maintenance and the possibility of reducing the cost and increasing
the customers' satisfaction by utilizing outside contractors. Should the
pilot program be successful and realize a significant savings, it would then
be staff s recommendation to extend the program and phase in other City
departments with one-half to one ton light vehicles. If the one-year pilot
program proves to be successful, the contract may be renewed annually for
up to four additional one-year terms. In the event the pilot program does
not work, or it places the City in jeopardy, there is a provision for either
Party to terminate the contract by providing a 30-day written notice.
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FISCAL IMPACT:
A total of $500,000 was appropriated and $500,000 in FY 03-04 is
available in project number 5711/5713/5731/5735.8202 (EQ-Maintenance
Motor Vehicles) for this purpose.
Award bids to Gene Messer Ford, Pollard Friendly Ford, Scott's Complete
Car Care, and York Tire Company, Inc. of Lubbock, Texas, or such
alternative action as the City Council may deem appropriate.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to pass Resolution No. 2003-R0342, Resolution No.
2003-R0343, Resolution No. 2003-R0344 and Resolution No. 2003-
R0345 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 44.
(41.) Resolution No. 2003-R0333/ BID #109-03/RS—for Lubbock Memorial
Civic Center, Auditorium, and Coliseum Parking Lot Lighting (Civic
Center).
This item was considered following Item 39.
RESOLUTION NO.2003-RO333
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 reject all bids for Lubbock Memorial civic Center, Auditorium & Coliseum
Parking Lot Lighting, per ITB #109-03/RS.
Passed by the City Council this 28th day of August, 2004.
/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
This bid is for the replacement of all parking lot lighting fixtures at the
Civic Center and at the Auditorium/Coliseum. The project utilizes
existing poles, but would require an adaptor bracket to facilitate the new
fixtures.
The existing light fixtures are over 24 years old and have lost some
efficiency over the last few years. New fixtures are intended to provide
improved lighting conditions during night events when patrons are
returning to their vehicles, and to improve lighting conditions in the
parking areas located close to Mahon Library. Improved lighting
conditions should provide a much greater sense of safety for patrons by
providing brightly illuminated parking areas.
Sixty-eight local businesses were notified of this Invitation to Bid. Time
for completion of this project is 60 calendar days and liquidated damages
is $300 per day.
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FISCAL IMPACT:
A total of $55,000 was appropriated and $50,000 is available in project
number 90249.9212.30000 (Building Capital Outlay — Buildings Other)
for this purpose.
Reject all bids as the City Council may deem appropriate. The low bid is
$70,688 from Amco Electric Company of Lubbock, Texas, and exceeds
the budgeted amount.
(42.) Resolution No. 2003-110334/13I1) #110-03/RS —for Heating, Ventilating
and Air Conditioning Maintenance Contract for Lubbock Memorial
Civic Center and Auditorium/Coliseum — 3 Year Pricing (Civic
Center).
RESOLUTION NO.2003-RO334
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 for the heating,
ventilating and air conditioning maintenance contract for Lubbock Memorial Civic
Center and Auditorium/Coliseum — 3 year pricing, BID #110-03/RS, by and between the
City of Lubbock and Honeywell International, 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.
Passed by the City Council this 28th day of August, 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 28th day of August, 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 Honeywell International, 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 #110-03/RS - HEATING, VENTILATING & AIR CONDITIONING
MAINTENANCE CONTRACT FOR LUBBOCK MEMORIAL CIVIC CENTER &
AUDITORIUM/COLISEUM - 3 YEAR PRICING - $252,180.00
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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.
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Freddy Chavez
Owner's Representative
APPROVED AS TO FORM:
/s/ John M. Knight
City Attorney
ATTEST:
Corporate Secretary
/s/ Jennifer Crawford
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDougal
MAYOR
CONTRACTOR:
Honeywell International, Inc.
/s/ Ed Nichols
PRINTED NAME: Ed Nichols
TITLE: Regional Sales Leader
COMPLETE ADDRESS:
Honeywell International, Inc.
1622 6th Street
Lubbock, TX 79401
This bid is for a maintenance contract for all heating, ventilation, and air
conditioning (HVAC) equipment at the Civic Center and
Auditorium/Coliseum. The service will include preventative maintenance
on all equipment and associated devices related to the HVAC system and
repair or replacement of all faulty or inoperative equipment, and
associated devices relating to the HVAC system.
The City of Lubbock has a large monetary investment in the equipment
utilized to provide the necessary comfort level of patrons and guests at
both the Civic Center and Auditorium/Coliseum. In order to protect this
investment, qualified and trained personnel in the area of HVAC
equipment is required. Current staff does not have that level of expertise
and is not knowledgeable in the various principals required to provide the
recommended maintenance of this equipment. Service companies are
better equipped to perform all necessary tasks recommended by the
equipment manufacturers and also cover the cost of replacing equipment
that becomes faulty or inoperative. Costs to cover this project come
directly from the annual operating budget.
Sixty-six local businesses were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $99,000 was appropriated and $99,000 is available in project
number 5241.8228 and 5243.8228 (Building Maintenance - HVAC) for
this purpose.
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Award 3-year contract to Honeywell International, Inc. of Lubbock,
Texas, for $252,180 ($84,060 annually as the City Council may deem
appropriate.
(43.) Resolution No. 2003-R0335/BID #128-03/BM —for Litter Collection at
Sam Wahl Recreational Area — Annual Pricing (Parks and
Recreation).
RESOLUTION NO.2003-RO335
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 Contract for litter collection at the
Sam Wahl Recreational Area at Lake Alan Henry, between the City of Lubbock and
West Texas Greenscapes, and any associated documents, a copy of which Contract 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 28th day of August, 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
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract is filed with Resolution No. 2003-R0335.
This bid is for litter collection services at the Sam Wahl Recreation Area.
The contractor will provide all labor, equipment, supplies, and
transportation for this service. Without this service, litter and debris would
accumulate in the recreation area affecting the public health and safety.
Twenty-three local businesses were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $33,734 was appropriated and $19,320 for the balance of FY
02-03 is available in project number 5220.8605 (LAH Recreation
Utilities - Sanitation) for this purpose. The revenue generated at the
recreational area provides funding for this service.
Award bid to West Texas Greenscapes of Spade, Texas, for $47,774
(annually) as the City Council may deem' appropriate.
The next item considered was Item 45.
(44.) Resolution No. 2003-R0346/BID #119-03/BM —for Carpet and Brick
Floor Cleaning Services at (Lubbock International Airport) — Annual
Pricing (Aviation).
This item was moved from consent agenda to regular agenda and was
considered following Item 40.
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RESOLUTION NO.2003-RO346
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 for carpet and
brick floor cleaning services at Lubbock International Airport — annual pricing, by and
between the City of Lubbock and Coverall of Lubbock 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. This contract is
contingent upon Coverall of Lubbock either relocating their place of business (the
business is now operated out of the home) or obtaining permission from the Zoning
Board of Adjustment giving them sixty days to cure that issue.
Passed by the City Council this 28th day of August, 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
A copy of the Contract is filed with Resolution No. 2003-R0346.
This bid establishes annual pricing for carpet and brick floor maintenance
that includes the weekly cleaning of the carpet and the weekly cleaning
and annual stripping of the brick floors at the Lubbock International
Airport (LIA) terminal building. The Department of Aviation has utilized
a contractor for these services since 1999. The contracting of this work
allows for a more concentrated effort on the cleaning of the carpet and the
brick floors, which has improved the appearance of the terminal building.
Seven bids were received and reviewed for this project. The low bidder
meeting specifications is Coverall of Lubbock, Texas, for $55,316 per
year. Bidder was advised, and has agreed, that contract quantities would
be reduced to not exceed the budgeted amount of $49,000. Bidder was
also advised that, if the budget is amended in the future, the contract
quantities could be increased to the bid amount of $55,316 per year.
Thirty Lubbock businesses were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $96,345 was appropriated and a balance of $6,000 (for Fiscal
Year 2002-2003) is available in project number 4615.8302 (Professional
Services) for this purpose.
Award bid to Coverall of Lubbock, of Lubbock, Texas, for $55,316
annually as the City Council may deem appropriate.
Motion was made by Council Member Boren.
Council Member Hernandez requested additional information prior to a
second.
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Page 180
Victor Kilman, Purchasing Agent, gave comments. He stated he would
like to recommend that City Council award the contract to the low bidder,
contingent upon the low bidder either relocating their place of business
(the business is now operated out of the home) or obtaining permission
from the Zoning Board of Adjustment giving them sixty days to cure that
issue. If they do not cure that issue within sixty days, the bid would be
awarded to the second low bidder.
At this time, Council Member Boren withdrew his motion and restated the
motion as follows: "Go with recommendation of allowing Coverall sixty
days to relocate or obtain ZBA approval and if this is not obtained, the
second lowest bidder be awarded the bid", seconded by Council Member
Patterson to pass Resolution No. 2003-RO346 as recommended by staff.
Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 47.
(45.) Resolution No. 2003-R0336BID #126-03BM —for Effluent Pipeline
Actuator Installation (Public Works).
This item was considered following Item 43.
RESOLUTION NO.2003-RO336
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 for the effluent
pipeline actuator installation, Bid #126-03BM, by and between the City of Lubbock and
Brown -McKee, 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.
Passed by the City Council this 28th day of August, 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 28th day of August, 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 Brown -McKee, 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
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hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #126-03/13M - EFFLUENT PIPELINE ACTUATOR INSTALLATION -
$28,371.00
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.
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Owner's Representative
APPROVED AS TO FORM:
/s/ Amy L. Sims
City Attorney
ATTEST:
Corporate Secretary
/s/ Peggy Young
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDo
MAYOR
CONTRACTOR:
Brown -McKee, Inc.
By: /s/ Mike P. Oles
PRINTED NAME: Mike P. Oles
TITLE: President
COMPLETE ADDRESS:
Brown -McKee, Inc.
P.O. Box 3279
Lubbock, TX 79452-3279
This bid is for the purchase and installation of remote actuators on the
effluent pipeline located on Xcel Jones Station power plant property. The
installation of these actuators is necessary for the operation of the valves,
which will regulate the flow in the effluent pipeline. The actuators are
necessary to complete the expansion of the effluent water distribution
system from the City of Lubbock Southeast Water Reclamation Plant.
The City of Lubbock currently supplies Xcel Jones Station power plant
with effluent water and has recently installed an additional effluent
pipeline for stream discharge of effluent water. The actuators will allow
for remote operation of the valves that will control the distribution of
effluent water between Xcel Jones Station and stream discharge.
One hundred forty-one local contractors and subcontractors were notified
of the Invitation to Bid. Time for completion of this project is 30 calendar
days and liquidated damages is $500 per day.
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FISCAL IMPACT:
A total of $3,400,000 was appropriated and $130,985 is available in
project number 90127.8304.10000 (HLAS Transmission Improvements)
for this purpose.
Award bid to Brown -McKee, Inc. of Lubbock, TX for $28,371 as the City
Council may deem appropriate.
(46.) Resolution No. 2003-R0337/RFP 4111-03/DC —for Financial Collection
Services (Finance).
RESOLUTION NO.2003-RO337
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 for financial
collection services, RFP #111-03/DC, by and between the City of Lubbock and
Collectech Diversified, Inc., dba CDI 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.
Passed by the City Council this 28th day of August, 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
A copy of the Contract is filed with Resolution No. 2003-R0337.
This contract is for an agency to collect monies from individuals and
companies after their checks have been returned because of non -sufficient
funds. Departments that are affected include Streets, Civic Center,
Accounting, LP&L, Library, Water Utilities, and Environmental
Inspection Services.
The following companies submitted proposals and were ranked as follows:
Score
Collectech Diversified, Inc. of Lubbock, TX 86
Progressive Financial Services, Inc. of Tempe, AZ 59
Nations Recovery Center, Inc. of Atlanta, GA 40
The rate schedule of the highest ranked firm, Collectech Diversified, Inc.,
is as follows:
Check collection (price per check)
$17 retained from collected $25 service charge (no contingency fee)
$20 retained from collected $30 service charge (no contingency fee)
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Amount collection
Lubbock Power & Light
Water & Sewer Pro-rata
Water & Sewer/Taps
Auditorium/Coliseum
Home Improvement & Mortgage Loans
25% contingency fee
10% contingency fee
10% contingency fee
10% contingency fee
10% contingency fee
Paving 10% contingency fee
Sixteen local businesses were notified of the Request for Proposal.
FISCAL IMPACT:
These services are not paid out of appropriations. The City is able to
receive additional revenue, for bad accounts, by using the collection
agency. The agency will receive their funds through the successful
collection of funds. The difference between the amount collected, less the
agency's fees, is recognized as revenue.
Award bid to Collectech Diversified, Inc., of Lubbock, Texas for the
above fees as the City Council may deem appropriate.
The next item considered was Item 17.
FINANCE
Investments/Debt
(47•) Ordinance No. 00089 authorizing the issuance of City of Lubbock,
Texas, Tax and Electric Light and Power System Surplus Revenue
Certificates of Obligation, Series 2003, and all necessary documents
related to the issuance (first and final reading).
This item was considered following Item 44.
ORDINANCE NO.2003-00089
AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS,
TAX AND ELECTRIC LIGHT AND POWER SYSTEM SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2003"; specifying the terms and features
of said certificates; providing for the payment of said certificates of obligation by the levy
of an ad valorem tax upon all taxable property within the City and a lien on and pledge of
the net revenues from the operation of the City's Electric Light and Power System; and
resolving other matters incident and related to the issuance, sale, security, payment and
delivery of said certificates, including the approval of a Paying Agent/Registrar
Agreement and a Purchase Contract and the approval and distribution of an Official
Statement pertaining thereto; and providing an effective date.
On July 10, 2003, the City Council approved the first step in the issuance
process. Resolution #2003-R0270, dated July 10, 2003, was to approve
and authorize publication of Notice of Intent to Issue and Notice of Sale
with respect to the issuance of the Certificates of Obligation.
Senate Bill 1759 of the 771h Legislative Session amends Subchapter B,
Chapter 1201, of the Texas Government Code under Section 1201.028(3)
allowing the authorization of a public security with only one reading of the
ordinance. Therefore, this will be the only reading of this ordinance that
authorizes the issuance of these bonds.
Upon approval of this ordinance, the City will sell these bonds on a
negotiated basis on August 28, 2003. On August 26, 2003, the City and
First Southwest, the City's financial advisor, negotiated a purchase price
for the bonds with the City's chosen underwriters. The amount of this
issuance will not exceed $13,280,000.
City Council will be asked to award the bonds, as well as approve the
reading of the ordinance and make final approval of all necessary
documents related to the issuance at this meeting.
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FISCAL IMPACT:
The annual debt service on these bonds will average approximately
$1,041,000.
As this action is necessary to proceed with the bond issuance, staff
recommended approval of this ordinance.
Council Member Gilbreath made the following motion: "I move to adopt
the Ordinance authorizing the issuance of `CITY OF LUBBOCK,
TEXAS, TAX AND ELECTRIC LIGHT AND POWER SYSTEM
SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES
2003" in the aggregate principal amount of $13,270,000; and approving
and authorizing the execution of a Paying Agent/Registrar Agreement and
a Purchase Contract in relation to such Bonds and the approval and
distribution of an Official Statement", seconded by Council Member
Martin to pass on first and final reading Ordinance No. 2003-00089 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(48.) Ordinance No. 00090 authorizing the issuance of City of Lubbock,
Texas, Tax and Electric Light and Power System Surplus Revenue
Refunding Bonds, Series 2003, and all necessary documents related to
the issuance (first and final reading).
ORDINANCE NO.2003-00090
AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK, TEXAS, TAX
AND ELECTRIC LIGHT AND POWER SYSTEM SURPLUS REVENUE
REFUNDING BONDS, SERIES 2003"; specifying the terms and features of said bonds;
providing for the payment of said bonds by the levy of an ad valorem tax upon all taxable
property within the City and a pledge of the net revenues derived from the operation of
the City's Electric Light and Power System; resolving other matters incident and related
to the issuance, payment, security, sale and delivery of said bonds, including the approval
and execution of a Paying Agent/Registrar Agreement; providing for the redemption of
the bonds being refunded; and providing an effective date.
The City issued $8,500,000 of City of Lubbock, Texas, Electric Light and
Power System Revenue Bonds, Series 2002, dated August 15, 2002.
Those bonds were issued with a 10-year term, with the intent to refund
those bonds during the current fiscal year.
Senate Bill 1759 of the 77`" Legislative Session amends Subchapter B,
Chapter 1201, of the Texas Government Code under Section 1201.028(3)
allowing the authorization of a public security with only one reading of the
ordinance. Therefore, this will be the only reading of this ordinance that
authorizes the issuance of these bonds.
Upon approval of this ordinance, the City will sell these bonds on a
negotiated basis on August 28, 2003. On August 26, 2003, the City and
First Southwest, the City's financial advisor, negotiated a purchase price
for the bonds with the City's chosen underwriters.
City Council will be asked to award the bonds, as well as approve the
reading of the ordinance and make final approval of all necessary
documents related to the issuance at this meeting.
FISCAL IMPACT:
The Bonds originally issued in 2002 were structured on a 10-year term.
The intent was to issue those bonds in 2002 and refinance (refund) those
bonds in 2003 with a 20-year term. The annual debt service on the 2002
bonds was approximately $1,087,000 per year. The annual debt service on
the refunding bonds that are currently being issued will be approximately
$697,000 per year. The net difference between the two funding
alternatives is $390,000 per year.
As this action is necessary to proceed with the bond issuance, staff
recommended approval of this ordinance.
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Page 185
Council Member Gilbreath made the following motion: "I move to adopt
the Ordinance authorizing the issuance of `CITY OF LUBBOCK,
TEXAS, TAX AND ELECTRIC LIGHT AND POWER SYSTEM
SURPLUS REVENUE REFUNDING BONDS, SERIES 2003" in the
aggregate principal amount of $8,900,000; and approving and authorizing
the execution of a Paying Agent/Registrar Agreement and a Purchase
Contract in relation to such Bonds and the approval and distribution of an
Official Statement", seconded by Council Member Patterson to pass on
first and final reading Ordinance No. 2003-00090 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
10:52 A.M. PUBLIC HEARING
Special
(49.) Hold a public hearing to consider the request of Texland Petroleum
for an Oil Drilling Permit on a tract of land located approximately
1605 feet north and 850 feet west of the southeast corner in Section 9,
Block A, Lubbock County, Texas (north of Owen and west of I-27).
Designation of well is CLU #5-2.
Mayor McDougal opened the public hearing at 10:52 a. m. Dub Bratcher
appeared on behalf of Texland Petroleum. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:53 a. m.
On August 5, 2003, the Planning Department received an application for a
permit to drill the above described well. The proposed well is within a
pooled unit and does not require an acreage minimum for a production
unit. The original production unit was for the Bray #1 Well. A number of
Texland wells are existing in this square mile. Storage is proposed in
conjunction with an existing tank battery.
The application is in order. Texland proposes earth sludge pits and no
landscaping at the well site. The blowout protector has a rating of 3,000
pounds. Disposal of waste materials is proposed at a Railroad
Commission approved dump in Lubbock County. Access to the drill site
is from Kent, on private property.
SHORT TERM IMPACTS: An impact for the adjacent residents to the
south is expected for the short term. The well is located on an
undeveloped parcel north of Owen Street and a developed subdivision. At
least one well operates within the existing subdivision. The mineral
interest for the lots to the south are included in the lease of this pooled
unit.
POTENTIAL LONG TERM IMPACTS: The land area surrounding
and including this lease is designated "residential" on the Comprehensive
Land Use Plan. With additional wells and other oil production facilities in
the immediate area, and no pending development proposals, no long-term
negative impact is anticipated.
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil) shall be used to free -up the
hole during drilling until after the first series of surface casing has
been set to 400 feet or greater.
2. The permittee shall require that a first series of casing be set when
drilling reaches a minimum depth of 400 feet. The permittee shall
notify the Lubbock office of the Texas Railroad Commission for
the intended dates for casing the well.
3. The first and second series of casing of the well shall be in
compliance with applicable portions of Rule 13 of the Texas
Railroad Commission.
4. The permittee shall meet all other conditions of Section 14, Article
VI of the Lubbock Code and those specifications indicated within
the application of Texland Petroleum for CLU #5-2
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Page 186
FISCAL IMPACT:
None from City funds. Tax Revenues from mineral production within the
City is an asset.
Staff recommended approval of the permit with the proposed conditions.
(50.) Consider approval of an Oil Drilling Permit for CLU #5-2.
Motion was made by Council Member Hernandez, seconded by Council
Member Patterson for approval of an Oil Drilling Permit for CLU #5-2.
Motion carried: 7 Yeas, 0 Nays.
10:54 A.M. PUBLIC HEARINGS
Zonin
(51.) Ordinance No. 2003-00091 - ZONE CASE NO. 2406-D (6402 22nd
Street): Hold a public hearing to consider request of Mike Elliott for
a zone change from C-4 to A-1 on the east 501 feet of Tract A-6,
Milwaukee Place Addition (first reading).
ORDINANCE NO.2003-00091
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2406-D; A ZONING CHANGE FROM C-4 TO A-1
ZONING ON THE EAST 501 FEET OF TRACT A-6, MILWAUKEE PLACE
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 10:54 a. in. No one
appeared on behalf of Mike Elliott. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:55 a. in.
During the July Planning Commission meeting, comments from the
neighborhood prompted the Commission to delay the discussion for one
month so the developer could visit with adjacent owners. The group did
meet and both the neighborhood association and one adjacent owner
supported the request with the agreed conditions. The one adjacent
property owner did ask the Commission to require paving 22nd Street full
width as a condition, but that request is not included in the
recommendation. Development policies do not require paving more than
the adjacent half street when a project is constructed.
The parcel is currently zoned C-4 with several conditions - fifteen of the
normal C-4 uses not allowed, several site requirements and a site plan
review prior to a construction permit. The parcel is a portion of an area
occupied by an outdoor movie theater that was in operation before the area
was annexed.
Discussion during the July meeting included a number of concerns by the
neighborhood about the paved status of 22nd Street, and non-residents
using 22nd Street to avoid the light at 19th Street and Milwaukee, as well as
cutting through the subdivision. But none of these concerns are directly
affected by the proposed apartment project. According to the Community
Development Department, paving of 22nd Street is a high priority when the
next round of projects is considered, but that decision has not been made.
Adjacent land use:
North — commercial
South — single family
East — single family
West — Milwaukee
The project meets the description of a buffering district between
commercial and residential. The tentative site plan indicates that all traffic
will exit to LaSalle, then most probably to 19th Street. Some residents may
use 22nd Street to access Milwaukee. The area is currently noted as
Regular City Council Meeting
August 28, 2003
Page 187
commercial on the Comprehensive Land Use Plan. The Planning
Commission motion includes a minor amendment statement.
The project should not have a negative effect on the thoroughfare system.
The developer offered to construct a screening fence on the south
boundary of the project, along 22nd Street. Had the property been built as
commercial under the current zoning, a screening fence would have been
required. The proposed fence will benefit the residents on the south side
of 22nd Street.
The Planning Commission recommended approval of the request subject
to the following conditions:
1. Tied to the conceptual site plan with access from La Salle only and
no parking between structures and 22nd Street,
2. A screening fence shall be constructed on the south property line
with the exception of the east twenty-five feet to allow visual
access across the intersection at LaSalle and 22nd Street.
Staff recommended approval of the permit with the proposed conditions.
Motion was made by Council Member Morrison, subject to all the
conditions placed by the Planning Commission, seconded by Council
Member Hernandez to pass on first reading Ordinance No. 2003-00091 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 53.
1:32 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
(52.) Ordinance No. 2003-00097 -ZONE CASE NO. 1193-D (4002 North
I-27): Hold a public hearing to consider request of Shawn Fuller for
D & S Mobile Home Center, Inc. for a zoning change from R-1 to IHC
Specific Use and IHI Specific Use for manufactured home sales,
storage, and remanufacturing on Block 5, Edsall Acres Addition (first
reading).
This item was considered following Item 69 and was the first item
considered after Council reconvened at 1:32 P. M.
ORDINANCE NO.2003-00097
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1193-D; A ZONING CHANGE FROM R-1 TO IHC
SPECIFIC USE AND IHI SPECIFIC USE FOR MANUFACTURED HOME SALES,
STORAGE, AND REMANUFACTURING ON BLOCK 5, EDSALL ACRES
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 1:33 p. in. Shawn Fuller
appeared on behalf of himself (D & S Mobile Home Center, Inc.) No one
appeared in opposition. Mayor McDougal closed the hearing at 1:44 p. in.
The request is for Specific Use zoning in the Interstate Commercial and
Interstate Industrial districts that will provide for a manufactured home
sales lot and a storage area for units that require refurbishment. The zone
case is the fourth in a series of cases that have been frustrating for both
Mr. Fuller, the staff, the Planning Commission, and the City Council. The
last zone case for the business was denied at the City Council level. Since
that time, a vacate order was issued and Mr. Fuller engaged an attorney to
represent his interests. This request is the result of a number of meetings
between Mr. Fuller, the City Legal Department, the Planning staff, and the
City Council.
A representative of Mr. Fuller presented a site plan and the staff proposed
a list of conditions for approval and recommendation to the City Council
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by the Commission. Several items had been accomplished prior to the
date the last request was denied:
• The screening fence of the refurbishment area (the IHI portion of
the case) has been completed, including a gate on Ash Avenue.
A twenty-five foot landscape area delineated by a railroad tie
barrier on the front of the north parcel. The area has been seeded
and several small trees planted. The south portion of the landscape
area had not been completed as of August 6.
A significant amount of rubbish and dead plant material was
removed from the site. The proposed landscape on the front is
about 3% of the parcel. IHC requests 10% adjacent to I-27. Since
the lots are so deep and 10% would be an unusual total square
footage area, the staff is in agreement with the request of Mr.
Fuller to have only the twenty-five foot landscape area.
Staff is adamant that the area needs to be tended in a better manner
than in the past, and watered regularly to increase the amount of
turf.
• Units in the refurbishment area that are burned out, or unusable,
have been removed. The remaining units are lined up in an orderly
fashion inside the compound.
• The drive from the service road to the paved parking pad and the
display area are crushed material versus asphalt or concrete as
normally required by the Code. Because of the length of the drive,
the staff is not uncomfortable recommending crushed material as a
substitute for paving.
Prior to the Council hearing the last time, with the expansion of the facility
to the west one-third of the south lot, the area designated "sales lot" was to
be covered with crushed asphalt or rock (#2 grade) at a rate of one cubic
yard per sixty square yards of display area. As of August 6, the main lot is
graveled, some of the area on the south lot does not appear to be fully
graveled.
Also, on the "future sales lot" (the east two thirds of the south lot), a new
drive has been bladed from Ash Avenue. When that portion of the lot
goes into active use, a screening fence will be required on Ash Avenue.
The drive is acting as a back way into the facility. When customers miss
the service road entrance, they are going east on Purdue then south on Ash
Avenue to enter the lot. With the land to the east of Ash Avenue
undeveloped at this time, the staff is in agreement to allow the drive until
the east two thirds of the lot are made an active part of the business.
The Planning Commission discussed the previous failure by Mr. Fuller to
complete the requirements outlined in the former zone cases. The
Commission reiterated that the favorable recommendation of the case to
the Council includes all of the items being up to par by the time the
Council hears the case.
The staff will provide photos of the parcel at the Council hearing. Based
on performance by Mr. Fuller to be in compliance with the conditions
outlined by the Planning Commission, the staff recommended approval of
the request. If he does not, the staff recommended denial of the request.
The Planning Commission recommended approval of the request subject
to the following conditions:
1. Tied to the proposed site plan including the sales lot and
refurbishment lot on the north half of the parcel, and the west third
of the south lot as a sales lot.
2. The east two thirds of the south lot shall remain vacant until it is
covered with crushed gravel or asphalt and a six- foot screening
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fence is installed adjacent to Ash Avenue. Until that time access to
the parcel from Ash Avenue shall be permitted.
3. The drive and sales lot areas shall be covered with a #2 grade rock
or crushed asphalt at a minimum rate of one cubic yard per sixty
square yards of land area.
4. The west twenty-five feet of both lots (adjacent to I-27), with the
exception of the driveway, shall be landscaped and clearly
delineated. Landscape (turf and bushes or trees) shall be watered
regularly and maintained.
5. Only units needing refurbishment shall be allowed in the storage
compound. No destroyed or burned out units will be stored.
6. The six-foot screening fence of the refurbishment compound with
a gate on Ash Avenue shall be properly maintained.
Staff recommended approval of this ordinance with the proposed
conditions.
Randy Henson, Senior Planner, gave staff comments.
Motion was made by Council Member Martin, seconded by Council
Member Hernandez to overrule Planning and Zoning and deny this zone
case. Motion failed: 2 Yeas, 5 Nays. Mayor McDougal and Council
Members Boren, Morrison, Gilbreath and Patterson voted Nay.
Discussion was had concerning passing first reading and delaying the
second reading for six months. Mayor McDougal suggested having Mr.
Fuller agree to this and if the property gets out of line, there would be an
immediate vacate order.
Motion was made by Council Member Gilbreath, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2003-00097 and
have the second reading in August 2004.
The next item considered was Item 54.
(53.) Ordinance No. 2003-00092 - ZONE CASE NO. 2965-A (3107 Clovis
Road): Hold a public hearing to consider request of Dulan D. Elder
for Lloyd and Cleo Hendrix for a zoning change from C-3 to C-4 for a
motel on Lot 25, Block 3, Riceland Addition (first reading).
This item was considered following Item 51.
ORDINANCE NO.2003-00092
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2965-A; A ZONING CHANGE FROM C-3 TO C-4
ZONING LIMITED TO A MOTEL AND ALL PERMITTED C-3 USES ON LOT 25,
BLOCK 3, RICELAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:54 a. in. No one
appeared on behalf of Dulan D. Elder for Lloyd and Cleo Hendriz. No
one appeared in opposition. Mayor McDougal closed the hearing at 10:55
a. in.
The request would provide for a motel on Clovis Highway.
Adjacent land uses:
North — Clovis Highway and industrial
South — single family
East — commercial
West — zoned R-3, vacant — and commercial
The C-4 request is consistent with the Comprehensive Land Use Plan
based on the fact that Clovis Highway is a U.S. Highway. Several lots to
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Page 190
the east, and one lot to the west, along the street are already zoned C-4.
The greatest issue regarding zoning policy for the site is the fact that
single-family development exists to the south.
The applicant is proposing that the structure be single story, which solves
an issue when two-story is proposed across the alley from residential.
Several adjacent owners submitted written opposition, but no one attended
the Commission meeting.
The project will have no appreciable impact on the thoroughfare system.
The Planning Commission recommended approval of the request subject
to the following conditions:
1. The zoning shall be C-4 limited to a motel and all permitted C-3
uses.
2. The structure(s) shall be limited to single story.
Staff recommended approval of this ordinance with the proposed
conditions.
Motion was made by Council Member Morrison, subject to all the
conditions placed by the Planning Commission, seconded by Council
Member Hernandez to pass on first reading Ordinance No. 2003-00092 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 56.
(54.) Ordinance No. 2003-0 -ZONE CASE NO. 2728-B (5133 80"
Street): Hold a public hearing to consider request of Nextel Partners
for West Texas Lubes for a zoning change from C-3 to C-3 Specific
Use for a 150-foot telecommunications tower on a 35-foot by 70-foot
site on Lots F-4 through F6, Woodland Park Addition (first reading).
This item failed.
Mayor McDougal opened the public hearing at 2:06 p. in. Bernie Gradel
with Hugo Reed and Associates, Inc., Raymond Kim and Paxton Smith
appeared on behalf of Nextel. Mark Yearwood, Director of Information
Technology, appeared in opposition. Mayor McDougal closed the hearing
at2:19p.in.
The proposed location is east of Slide Road, between 80th and 82"d
Streets. The Federal Communications Act specifies five provisions be
addressed during consideration of a request to install a PCS or cellular
tower:
Reasonableness — Local governments may not discriminate
between carriers or use zoning provisions that effectively prohibit
the provision of service.
The intent of Congress does not deny localities the flexibility to treat
service providers differently on the basis of varying setback, height or
safety requirements when proposals are in different zoning districts. IE: A
request in residential can be considered with a different perspective than
one in commercial. Towers are a permitted use in industrial districts.
Timeliness — The hearing process must occur within a reasonable
time frame.
Documentation — A denial by the Planning Commission or City
Council must be in writing and substantiated by evidence
contained in written records. The application should be detailed in
writing and a written evaluation of the application by staff should
be presented. The minutes should reflect in detail any opposition
or support for the request.
Sitting Criteria — The effect of the electromagnetic field created by
cellular or PCS may not be a factor in the consideration of a tower.
Presumably, FCC guidelines are in effect which provide a safe
electromagnetic atmosphere in the immediate vicinity of towers.
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• Court jurisdiction — Challenges to zone cases that are denied must
be filed in state or federal court.
Stated purpose/goals for towers [Section 29-30(b)(8)] with response:
1. Encourage the location of towers in non-residential areas and
minimize the total number of towers throughout the community.
• No residential exists in the immediate area. The closest is an
apartment complex north of 80th Street and single-family
approximately 600-800 feet to the north.
2. Encourage strongly the joint use of new and existing tower sites.
• There are no existing private towers in the area. The City has a
tower at the fire station at 79`h Street and Slide Road that,
according to the proponent, cannot be used for cellular because of
interference issues.
3. Require users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is
minimal.
• This is the toughest aspect of tower requests. Except in remote
areas of the community, adjacent owners often express objection
for new tower locations. Contrast this to the demand by the overall
public for consistent, clear phone communications and the
situation is complicated. The public wants clear phone signals but
may not want the towers.
• Two aspects that may constitute the primary opposition for the
request are property values and aesthetics. While these are viable
discussion items for determination by the Planning Commission
and City Council, opinions from citizens that are not substantiated
with appraisal data or "expert" verification is suspect if a denial is
challenged in court.
4. Require users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and
antennas.
• The proposed site is on the alley between 801h and 82"d Streets.
The project seems to meet the standards established by the Zoning Code
guidelines. At this location, the site is surrounded by commercial uses.
The project will have no effect on the thoroughfare system.
One issue discussed by the Planning Commission regarding cell towers in
general, and the same concern has been expressed by the City Council, is a
concern for an uncontrolled proliferation. During the past ten years, as the
number of cell companies has increased, a commensurate number of tower
requests has not followed. The industry is working hard to utilize each
tower and other tall structures to the maximum extent and keep new tower
requests at a minimum. The current ordinance is structured to balance the
needs of the industry and the impact on the community.
The Planning Commission recommended approval of the request subject
to the following conditions:
1. Tied to the location indicated on the site plan.
2. Construction shall be monopole with sufficient design standards to
support a minimum of three users.
Staff recommended approval of this ordinance with the proposed
conditions.
Motion was made by Council Member Boren, seconded by Council
Member Martin to deny this item because of safety issues. Motion carried:
4 Yeas, 3 Nays. Mayor McDougal and Council Members Hernandez and
Morrison voted Nay.
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(55.) Ordinance No. 2003-0 - ZONE CASE NO. 1131-0 (3207 501h
Street): Hold a public hearing to consider request of Nextel Partners
for Intercontinental Properties, Inc. for a zoning change from C-3 to
C-3 Specific Use for a 150-foot tall telecommunications tower on a
40-foot by 60-foot site on Tract G, Monterey Center Addition (first
reading).
This item failed.
Mayor McDougal opened the public hearing at 2:32 p. in. Bernie Gradel
with Hugo Reed and Associates, Inc., Raymond Kim and Paxton Smith
appeared on behalf of Nextel.
Mayor McDougal left the dais.
Mark Yearwood, Director of Information Technology, appeared in
opposition. Mayor Pro Tern Hernandez closed the hearing at 2:38 p. in.
The proposed site is south of 50th Street, north of the post office on Gary
Avenue. The Federal Communications Act specifies five provisions to be
addressed during consideration of a request to install a PCS or cellular
tower:
• Reasonableness — Local governments may not discriminate
between carriers or use zoning provisions that effectively prohibit
the provision of service.
The intent of Congress does not deny localities the flexibility to
treat service providers differently on the basis of varying setback,
height or safety requirements when proposals are in different
zoning districts. IE: A request in residential can be considered
with a different perspective than one in commercial. Towers are a
permitted use in industrial districts.
• Timeliness — The hearing process must occur within a reasonable
time frame.
• Documentation — A denial by the Planning Commission or City
Council must be in writing and substantiated by evidence
contained in written records. The application should be detailed in
writing and a written evaluation of the application by staff should
be presented. The minutes should reflect in detail any opposition
or support for the request.
Siting Criteria — The effect of the electromagnetic field created by
cellular or PCS may not be a factor in the consideration of a tower.
Presumably, FCC guidelines are in effect which provide a safe
electromagnetic atmosphere in the immediate vicinity of towers.
Court jurisdiction — Challenges to zone cases that are denied must
be filed in state or federal court.
Stated purpose/goals for towers [Section 29-30(b)(8)] with response:
Encourage the location of towers in non-residential areas and minimize the
total number of towers throughout the community.
• No residential exists in the immediate area. 53`d Street to the south
is the closest residential, which is more than 300 feet.
Encourage strongly the joint use of new and existing tower sites.
• There are no existing private towers with available space in the
area. The City has a water tower west of Indiana that has space for
rent. Whether the water tower location is adequate for the
coverage needed by Nextel, or meets their technical needs, will be
outlined to the Council during the hearing, if requested. Complete
information was not available at the Planning Commission hearing
regarding the suitability (or lack) of the water tower for Nextel.
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Require users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal.
• This is the toughest aspect of tower requests. Except in remote
areas of the community, adjacent owners often express objection
for new tower locations. Contrast this to the demand by the overall
public for consistent, clear phone communications and the
situation is complicated. The public wants clear phone signals but
may not want the towers.
• Two aspects that may constitute the primary opposition for the
request are property values and aesthetics. While these are viable
discussion items for determination by the Planning Commission
and City Council, opinions from citizens that are not substantiated
with appraisal data or "expert" verification is suspect if a denial is
challenged in court.
Require users of towers and antennas to configure them in a way that
minimizes the adverse visual impact of the towers and antennas.
• The proposed site is between the commercial on 50t" Street and the
post office to the south.
The project seems to meet the standards established by the Zoning Code
guidelines, subject to verification that the water tower site is not viable
based on technical issues, not financial issues. At this location, the site is
surrounded by commercial uses. The project will have no effect on the
thoroughfare system.
One issue discussed by the Planning Commission regarding cell towers in
general, and the same concern has been expressed by the City Council, is a
concern for an uncontrolled proliferation. During the past ten years, as the
numbers of cell companies has increased, a commensurate number of
tower requests has not followed. The industry is working hard to utilize
each tower and other tall structures to the maximum extent and keep new
tower requests at a minimum. The current ordinance is structured to
balance the needs of the industry and the impact on the community.
The Planning Commission recommended approval of this ordinance
subject to the following conditions:
Staff recommended approval of this ordinance with the proposed
conditions.
Motion was made by Council Member Morrison to approve Item 55.
Motion died for lack of second.
Mayor McDougal returned to the dais.
Mark Yearwood, Director of Information Technology, gave comments
concerning the noise platform.
Motion was made by Council Member Boren, seconded by Council
Member Gilbreath to deny Item 55 due to adverse impact because of the
safety issues that have been brought forth. Motion carried: 4 Yeas, 3
Nays. Mayor McDougal and Council Members Hernandez and Morrison
voted Nay.
The next item considered was Item 63.
(56.) Ordinance No. 2003-00093 - ZONE CASE NO. 1058-L (6409 Indiana
Avenue): Hold a public hearing to consider request of Scott Stofel for
Dot Com Coffee for a zoning change from C-2 to C-4 limited to a
drive-in restaurant and all permitted C-2 Uses on a portion of the
southwest corner of Tract I, Live Oak Addition (first reading).
This item was considered following Item 53.
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ORDINANCE NO.2003-00093
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1058-L; A ZONING CHANGE FROM C-2 TO C-4
ZONING LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED C-2
USES ON A PORTION OF THE SOUTHWEST CORNER OF TRACT 1, LIVE OAK
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PEANLTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 10:54 a. in. No one
appeared on behalf of Scott Stofel for Dot Com Coffee. No one appeared
in opposition. Mayor McDougal closed the hearing at 10:55 a. in.
The proponent is proposing a drive -through kiosk located in the parking
lot of the current KK Kraft Mall at 66t" Street and Indiana Avenue.
Adjacent land uses:
North — commercial
South — commercial
East — commercial
West — commercial
The proposed use (coffee sales) is within the definition of drive -through
restaurant, which requires C-4. The center is currently zoned C-2.
As recommended by the Planning Commission, the request would limit
the C-4 zoning to a kiosk and would revert to C-2 if the use ceases for one
year. With that limitation, the request is reasonably within policy for both
the Comprehensive Land Use Plan and zoning policy.
The original application incorrectly identified the parcel as being zoned
C-3.
The project is suitably located in the parking lot such that no back up will
occur onto public streets and parking is disturbed very little on the mall
parking lot.
The Planning Commission recommended approval of the request subject
to the following conditions:
1. The zoning shall be C-4 limited to a drive -through food and
beverage kiosk and all permitted C-2 permitted uses.
2. Should the use be terminated for one year, the parcel zoning will
revert to C-2.
Staff recommended approval of this ordinance with the proposed
conditions.
Motion was made by Council Member Morrison, subject to all the
conditions placed by the Planning Commission, seconded by Council
Member Hernandez to pass on first reading Ordinance No. 2003-00093 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(57.) Ordinance No. 2003-00094 - ZONE CASE NO. 2573-D (north of
North Loop 289, near Utica Avenue): Hold a public hearing to
consider request of Hugo Reed and Associates, Inc. for FF
Development, LP for a zoning change from R-1, R-2, and C-3 to A-2
for an apartment complex on an 18.61-acre tract of unplatted land out
of Section 22, Block A (first reading).
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ORDINANCE NO. 2003-00094
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2573-D; A ZONING CHANGE FROM R-1, R-2 AND
C-3 TO A-2 ZONING ON AN 18.61-ACRE TRACT OF UNPLATTED LAND OUT OF
SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:54 a. m. No one
appeared on behalf of Hugo Reed and Associates, Inc. for FF
Development, LP. No one appeared in opposition. Mayor McDougal
closed the hearing at 10:55 a. m.
The zoning would accommodate an apartment complex.
Adjacent land uses:
North — vacant
South — Loop 289
East — The Lubbock Heart Hospital
West — vacant
The current Comprehensive Land Use Plan illustrates the south portion of
this tract as commercial and the north portion as residential. This
recommendation from the Planning Commission includes a motion to
approve a minor change to the Plan. The staff has visited several times
with Mr. Glasheen and his design team about the need to formulate an
amended Comprehensive Land Use Plan for the 200-plus acres in this
vicinity. That said, with the existing medical uses to the east and the
existing commercial zoning along Loop 289, this proposal is not out of
context with sound land use planning and the policies of the
Comprehensive Land Use Plan.
The project will have no greater effect on the thoroughfare system than
expected. The project will have access to both the Loop service road and
Erskine. The builder will create a road from Erskine to the Loop service
road that will provide access both to the north and south for residents of
these apartments.
As in several previous zone cases, the staff has signaled the adjacent
property owners, the Planning Commission, and the City Council that
Erskine being upgraded to a full capacity thoroughfare will be critical for
the growth projections in this northwest part of Lubbock to materialize. In
addition, the City working with the Texas Department of Transportation
(TxDOT) regarding possible design alternatives for the North
Quaker/Erskine/Loop 289 intersection and construction of an overpass at
Slide Road.
Staff recommended approval of this ordinance with the proposed
conditions.
Motion was made by Council Member Morrison, subject to all the
conditions placed by the Planning Commission, seconded by Council
Member Hernandez to pass on first reading Ordinance No. 2003-00094 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(58•) Ordinance No. 2003-00095 - ZONE CASE NO. 1970-C (north of 241n
Street and east of Iola Avenue): Hold a public hearing to consider
request of Hugo Reed and Associates, Inc. for Art Griffin for a zoning
change from R-1 to A-2 for apartments on a 4.91-acre tract of
unplatted land out of Section 44, Block AK (first reading).
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ORDINANCE NO.2003-00095
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1970-C; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON A 4.91-ACRE TRACT OF UNPLATTED LAND OUT OF SECTION 44,
BLOCK AK, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 10:54 a. m. No one
appeared on behalf of Hugo Reed and Associates, Inc. for Art Griffin. No
one appeared in opposition. Mayor McDougal closed the hearing at 10:55
a. m.
At one point in the past, the parcel was zoned C-4 Specific Use for a
mini -warehouse project that did not materialize. Zoning on the parcel has
reverted to the original single-family zoning status (Specific Use Permits
are valid for 30 months).
Adjacent land uses:
North — apartments
South — vacant, zoned for apartments
East — apartments
West — single family west of Iola
The project is consistent with Comprehensive Land Use Plan and zoning
policy. The project would have little additional effect on the thoroughfare
system.
Because the project is in an area that provides no buffer to the adjacent
West End Place subdivision, the staff recommended consideration of a
condition requiring a screening fence on the Iola Avenue property line
with a cut off that respects the visual triangle at 24th Street and Iola
Avenue. Having the fence along Iola Avenue would be consistent with
the apartment project to the north.
The proponent requested the Planning Commission to consider an
alternative, which would be to review the proposal for screening and curb
cuts when a project is designed for the parcel. The current property owner
does not want the screening fence as a requirement, and would prefer that
a future developer of apartments address the issue.
The Commission agreed to give a future owner the opportunity to prove
that a landscape buffer would adequately substitute for a fence, but agreed
that curb cuts on Iola Avenue should be limited to one across from the
intersection of 23`d Street and Iola Avenue. The staff is of the opinion that
landscape buffer areas do not do very well for shielding headlights and
noise adjacent to residential areas, but agreed with the proposal to look at
a future design review by the Commission.
The Planning Commission recommended approval of the request subject
to the following conditions:
1. That only one drive opening will be permitted on Iola Avenue at
23`d Street.
2. With regard to screening Iola Avenue, the Planning Commission
shall review a site plan prior to a construction permit proposing
either a landscape buffer or a screening fence with the one curb cut
and observing the vision triangle at Iola Avenue and 24th Street.
Staff recommended approval of this ordinance with the proposed
conditions.
Motion was made by Council Member Morrison, subject to all the
conditions placed by the Planning Commission, seconded by Council
Member Hernandez to pass on first reading Ordinance No. 2003-00095 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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(59.) Ordinance No. 2003-00096 - ZONE CASE NO. 2173-D (103 and 119
West Loop 289 and 220 Slide Road): Hold a public hearing to
consider request of Paul Fields for a zoning change from C-2 and C-4
Specific Use to C-3 on tracts M-2, M-3 and L-1-B less the west 110
foot, Whisperwood Addition and C-4 Specific Use for mini -
warehouses on the west 110 foot of Tract L-1-13, Whisperwood
Addition (first reading).
ORDINANCE NO. 2003-00096
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
_ OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2173-D; A ZONING CHANGE FROM C-2 AND C-4
SPECIFIC USE TO C-3 SPECIFIC USE FOR SET BACK ON TRACTS M-2, M-3
AND L-1-B (LESS THE WEST 110 FEET) AND TO C-4 SPECIFIC USE FOR
MINI -WAREHOUSES ON THE WEST 110 FEET OF TRACT L-1-B,
WHISPERWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:54 a. m. No one
appeared on behalf of Paul Fields. No one appeared in opposition. Mayor
McDougal closed the hearing at 10:55 a. m.
The request represents an adjustment of the zoning configuration in the
area adjacent to Slide Road (west) between 4`" Street and Loop 289.
Originally, a single tract existed from 4`" Street to the Loop along Slide
Road. The proposed development for that single tract was a shopping
center that operated primarily from 41" Street. Subsequent land sales to
Walgreens at the corner of Slide Road and 4`" Street and the new fire
station at Slide Road and 2°d Street have voided the original intent.
Adjacent land uses:
North — Loop 289
South — commercial
East — residential and commercial
West — commercial
The request is consistent with the Comprehensive Land Use Plan and
zoning policies. Slide Road is a thoroughfare level street. The Master
Thoroughfare Plan indicates the need for a grade separation of the Loop
from Slide Road at a future date. The staff has discussed with the property
owner that an additional dedication may be needed from his Slide Road
frontage to accommodate an extension of Slide under Loop 289. The
future grade separation will be an asset to both the City of Lubbock and
the adjacent property owner.
The parcel requested for an extension of the mini -warehouse project will
replace a parcel currently zoned for expansion, but not constructed, along
the Loop frontage. The new mini -warehouse parcel will be shielded from
Slide Road by the C-3 parcel between the fire station and Walgreens.
The proposal should have no detrimental effect on the thoroughfare plan.
The Planning Commission recommended approval of this ordinance.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Morrison, subject to all the
-- conditions placed by the Planning Commission, seconded by Council
Member Hernandez to pass on first reading of Ordinance No. 2003-00096
as recommended by staff.
Council Member Martin suggested the following friendly amendment:
Between the first and second reading, Planning and Zoning should work
on a plan for a 75' setback on tracks north of the fire station and present it
at the second meeting in September.
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Council Member Hernandez also asked Mr. Henson to get with the owner
and get feedback on what that is going to mean to him before the second
reading.
Council Members Morrison and Hernandez accepted the friendly
amendment to pass on first reading of Ordinance No. 2003-00096. Motion
carried: 7 Yeas, 0 Nays.
ADMINISTRATIVE SERVICES
Facilities Management
(60.) Resolution No. 2003-RO347 authorizing the Mayor to execute a Deed
Without Warranty with Lubbock Chapter American Red Cross.
RESOLUTION NO.2003-RO347
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 Deed Without Warranty by
and between the City of Lubbock and the American Red Cross. Said Deed Without
Warranty 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 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Harlan D. Stauffer
Harlan Stauffer, Facilities Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Deed Without Warranty is filed with Resolution No. 2003-R0347.
This action is being taken to deed the former United Way facility on 19`h
Street to American Red Cross in response to the City Council direction to
either lease City of Lubbock owned facilities at fair market value or to
transfer ownership of the facility. Once United Way vacated the 19th
Street facility, efforts were initiated to transfer the building to American
Red Cross for their use. Implementation of the transfer was delayed while
the Lubbock -South Plains Chapter of the American Red Cross sought
compliance with National Red Cross requirements. National Red Cross
approval has now been received.
The Deed Without Warranty conveys the Property by Grantor (City of
Lubbock) to the Grantee (American Red Cross, Lubbock — South Plains
Regional Chapter) as long as the Grantee utilizes the Property solely in a
manner that promotes a public purpose of the Grantor. For the purpose
hereof, "public purpose" of the Grantor shall mean The American Red
Cross Center provides relief to victims of disasters and help the people
prevent, prepare for, and respond to emergencies. If the Property ceases to
be so used, all rights, title, and interest conveyed by this instrument shall
automatically revert to and vest in Grantor.
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Property (including any improvements) located at 2201 191h Street,
Lubbock, Texas, 79401. Legal description: Lot, tract or parcel of land
lying and being situated in Lubbock County, Texas, the same being all of
Lots 1 and 2 in Block Number 49 of the McCrummen Second Addition to
the town of Lubbock, Texas, according to the map or plat thereof of record
in the Deed Records of Lubbock County, Texas.
FISCAL IMPACT:
Previously 2201 19th Street was leased to United Way for one dollar per
year. American Red Cross was housed in a City of Lubbock facility at
2201 Avenue X leased for $119 per month.
Future use of the facility at 2201 Avenue X has not been determined, but
will be retained by the City of Lubbock as it is located on Park and
Recreation land. The dollar impact to Facilities Management revenues
will be minimal, even if future use of the Avenue X facility is not
determined.
Deeding of the 2201 19th Street property to American Red Cross will
eliminate future potential City of Lubbock maintenance and insurance
costs.
Staff recommended approval of this Deed Without Warranty.
Motion was made by Council Member Patterson, seconded by Council
Member Gilbreath to pass Resolution No. 2003-RO347 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 62.
Other
(61.) Ordinance No. O granting to NTS Communications, Inc., the
right, privilege and franchise to operate within the boundaries of the
City of Lubbock, an Open Video System first reading).
This item was deleted.
Parks and Recreation
(62.) Resolution No. 2003-RO348 for the City Council to express its
approval and support for a proposed Candlelight Ceremony on
September loth at Kastman Park to honor and remember the 3,412
victims of the September 11, 2001 terrorist attack against the United
States, and a special ceremony September 111h at Kastman Park to
honor the first responders of Lubbock and the surrounding area.
This item was considered following Item 60.
RESOLUTION NO. 2003-RO348
WHEREAS, American State Bank, partnering with the Lubbock Independent
School District and the City of Lubbock, desire to honor and remember the victims of the
3,412 lives that were lost in the September 11, 2001, terrorist attack on the United States
with a candlelight ceremony to place United States flags for each victim on the evening
of September 10, 2003, at Kastman Park; and
WHEREAS, in addition, the role of first responders in the September 11, 2001,
terrorist attack and every day in our local area will receive recognition and honor in a
special ceremony at Kastman Park on the morning of September 11, 2003; and
WHERERAS, the City Council of the City of Lubbock finds it to be in the public
interest of the citizens of the City of Lubbock and a public purpose to support the special
ceremonies remembering the victims of the September 11, 2001, terrorist attack on the
United States and honoring the first responders of Lubbock and the surrounding area;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby expresses its approval and
support for the proposed Candlelight Ceremony on September 10 at Kastman Park to
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Page 200
honor and remember the 3,412 victims of the September 11, 2001, terrorist attack against
the United States and a special ceremony September 11 at Kastman park to honor the first
responders of Lubbock and the surrounding area. One American flag will be placed in the
park for each victim of the attack as the person's name is read. After the event, each of
the flags will be available for purchase. Funds raised by flag sales will go to endow a
nursing scholarship.
The City Council hereby approves and authorizes a flyover as part of the
ceremonies and the use of Kastman Park and City equipment, including four trolleys
from Citibus, and staff in cooperation with American State Bank and Lubbock
Independent School District in the planning and conduct of the Candlelight Ceremony
and the First Responder's Ceremony on September 10 and 11, 2003.
Passed by the City Council this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Rnady Truesdell, Community Services Director
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
American State Bank, partnering with the Lubbock Independent School
District and the City of Lubbock, desires to honor and remember the 3,412
lives that were lost in the September 11, 2001 terrorist attack on the
United States. Two events will be held. The first is a candlelight
ceremony to place United States flags for each victim on the evening of
September 10, 2003, at Kastman Park. One American flag will be placed
in the park for each victim of the attack as the person's name is read. After
the event, each of the flags will be available for purchase for $25 each. In
addition, t-shirts will be sold for $5 each. Funds raised by flag sales will
go to endow nursing scholarships at the four schools of nursing in
Lubbock.
The second event, which will take place on the morning of September 11,
2003, will honor the role of first responders in the September 11, 2001
terrorist attack, as well as every day in our local area. Recently the State
of Texas passed legislation designating September IIth as "First
Responders Day". This event will feature first responders from the City of
Lubbock, Lubbock County, State and Federal agencies, and from
surrounding communities.
The following departments are providing planning assistance for this
project: Emergency Operations Center, Fire Department, Police
Department, City Attorney and Parks and Recreation.
Since the events will be held at a neighborhood park, the planning team
has contacted Durham Transportation, through LISD, to provide park and
ride services for September loth. Because school will be in session,
Durham Transportation will not be able to provide the service on the
morning of September 11 th
In order to provide the service, it is being requested that Citibus provide
four trolleys, free of charge, for the event on September 1 Ith
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The September 1ltn event will also feature a flyover of first responder
aircraft. Approval of the flyover is also being requested.
FISCAL IMPACT:
In addition to the staff time involved in planning the event, Fire and Police
vehicles will be on display during the September 1 I to event. The Fire and
Police honor guards will participate in a 24-hour vigil at Kastman Park.
Citibus will forego revenue from the four trolleys that provide the park
and ride service on the morning of September 1 ltn
Staff recommended approval of the resolution for the City Council to
express its approval and support for a proposed Candlelight Ceremony on
September 1 Oth at Kastman Park to honor and remember the 3,412 victims
of the September 11, 2001 terrorist attack against the United States, and a
special ceremony September IIth at Kastman Park to honor the first
responders of Lubbock and the surrounding area.
Motion was made by the Mayor and Council, as a body, and seconded by
the Mayor and Council, as a body, to pass Resolution No. 2003-R0348 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 69.
FINANCE
Budget and Research
(63.) Ordinance No. 00098 amending the FY 2002-03 Budget (first
reading).
This item was considered following Item 55.
ORDINANCE NO.2003-00098
AN ORDINANCE MAKING CHANGES IN THE FY 2002-03 BUDGET OF THE
CITY OF LUBBOCK FOR MUNICIPAL PURPOSES.
Staff was present to present the second revised budget for Fiscal Year
2002-03 for the General Fund and Enterprise Funds. A summary
overview, by fund, was to be provided.
Staff recommended approval of this ordinance.
Motion was made by Council Member Martin, seconded by Council
Member Patterson to pass on first reading Ordinance No. 2003-00098 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
MISCELLANEOUS
Other
(63A.) Ordinance No. 00099 amending Chapter 26 of the Code of
Ordinances, by adding Section 26-12, related to the granting of a
property tax exemption for organizations engaged primarily in
performing charitable functions as provided in Section 11.184 of the
Texas Tax Code (first reading).
ORDINANCE NO. 2003-00099
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTION 26-
12, PROVIDING FOR THE EXEMPTION FROM PROPERTY TAXATION
ORGANIZATIONS ENGAGED PRIMARILY IN PERFORMING CHARITABLE
FUNCTIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The City of Lubbock has been requested to adopt the exemption provided
under Texas Tax Code Section 11.184 by the Elks Club (as a citizens
comment item in the July 10, 2003, City Council meeting), and the
Ancient & Accepted Scottish Rite of Free Masonry of the Southern
Jurisdiction USA c/o Lubbock Scottish Rite (per communication with
Councilman Jim Gilbreath).
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The 2001 Texas Legislature adopted Texas Tax Code Section 11. 184,
which provides that the governing body of the taxing unit may adopt an
exemption for organizations engaged primarily in performing charitable
functions. This exemption, if passed by the City Council, will provide an
exemption for qualified charitable organizations, as defined in Tax Code
Section 11.184.
In the event this exemption is adopted by the City Council, any charitable
organization desiring this exemption may apply to the Comptroller of the
State of Texas for a determination of whether the organization is engaged
primarily in performing charitable functions, as described therein, and is
eligible for an exemption under Tax Code Section 11.184. In making the
determination, the Comptroller shall consider:
1. whether the organization is recognized by the Internal Revenue
Service as a tax-exempt organization under Section 501 of the
Internal Revenue Code of 1986;
2. whether the organization holds a letter of exemption issued by the
Comptroller certifying that the organization is entitled to issue an
exemption certificate under Section 151.310 of the Tax Code;
3. whether the charter or bylaws of the organization require charitable
work or public service;
4. the amount of monetary support contributed or in -kind charitable
or public service performed by the organization in proportion to:
(A.) the organization's operating expenses;
(B.) the amount of dues received by the organization; and
(C.) the taxes imposed on the organization's property during the
preceding year if the property was taxed in that year, or if
the property was exempt from taxation in that year, the
taxes that would have been imposed if it had not been
exempt from taxation; and
5. any other factor that the Comptroller considers relevant.
After adoption of this exemption by the City Council, and after the
organization applying for the exemption receives the determination letter
issued by the Comptroller, as set forth above, the organization shall submit
an application, along with such determination letter, to the Appraisal
District. The Chief Appraiser shall accept the copy of the determination
letter as conclusive evidence as to whether the organization engages
primarily in performing charitable functions and is eligible for exemption
under Tax Code 11.184. However, it would appear that the Chief
Appraiser must determine that the subject property is utilized exclusively
for qualifying charitable activity for the exemption to apply.
FISCAL IMPACT:
Melissa Trevino, Budget Director for the City of Lubbock, has made an
attempt to assess the fiscal impact of the granting of this exemption by the
City of Lubbock. However, the Central Appraisal District informed Ms.
Trevino that it would be unable to provide any information on the number
of potentially exempt entities and/or the property (and value thereof)
subject to such exemption.
Councilman Jim Gilbreath requested this item be placed on the agenda.
Motion was made by Council Member Gilbreath, seconded by Council
Member Patterson to pass on first reading Ordinance No. 2003-00099 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(64.) Resolution No. 2003-R0350 nominating an elected official from the
City of Lubbock to serve on the Texas Commission on Environmental
Quality's Municipal Solid Waste Management and Resource
Recovery Advisory Council.
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RESOLUTION NO.2003-RO350
WHEREAS; the Texas Commission on Environmental Quality (TCEQ) has
reopened its request for nominations for ten individuals to serve on the Municipal Solid
Waste Management and Resource Recovery Advisory Council, and whereas one of the
positions on this Council is an elected official from a municipality with a population of
more than 100,000 but less than 750,000; and
WHEREAS; the TCEQ Commissioners will review all nominations based on
various criteria that are presented to them after the September 3, 2003 deadline; and
WHEREAS; Lubbock operates the largest publicly owned landfill in Texas and
has considerable expertise in solid waste landfill operations that would be of great
assistance to the Council and to TCEQ with regard to regulations that may affect solid
waste landfill operations; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock desires to nominate
the following named elected official from Lubbock as a municipality of more than
100,000 but less than 750,000 population to be considered by the TCEQ for appointment
to the Municipal Solid Waste Management and Resource Recovery Advisory Council.
NOMINEE: Tom Martin
SECTION 2. THAT the City Manager or his designee is hereby authorized and
directed to provide a copy of this Resolution along with appropriate biographical and
other information, including work experience. In addition, the City Manager or his
designee shall provide a copy of this Resolution to the Nominee and shall assist the
Nominee in the preparation of a letter to TCEQ indicating a willingness to serve if
appointed to the Council by TCEQ.
Passed by the City Council of the City of Lubbock this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy White
Tommy Gonzalez, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
The Texas Commission on Environmental Quality (TCEQ) has reopened
its request for nominations for ten individuals to serve on the Municipal
Solid Waste Management and Resource Recovery Advisory Council. One
of the positions on this Council is "an elected official from a municipality
with a population of 100,000 or more but less than 750,000" (term expires
August 31, 2009). Upon request from the TCEQ Commissioners, this
Council reviews and evaluates the effect of state policies and programs on
municipal solid waste management; makes recommendations on matters
relating to municipal solid waste management; recommended legislation
to encourage the efficient management of municipal solid waste;
recommended policies for the use, allocation, or distribution of the
planning fund; and recommended special studies and projects to further
the effectiveness of municipal solid waste management and recovery for
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Page 204
the state of Texas. The Council members are required by law to hold at
least one meeting every three months. The meetings usually last one full
day and are held in Austin.
In nominating an individual, TCEQ asks to ensure the individual is
qualified for the position, which he/she is being considered; to submit a
biographical summary, which includes work experience; and to provide
the nominee a copy of this request. The nominee needs to submit a letter
indicating his/her agreement to serve if appointed. TCEQ must receive all
nominations by September 3, 2003, 5:00 p.m. The appointments will be
considered on October 22, 2003.
FISCAL IMPACT:
The cost of a trip to Austin is approximately $325 per trip for one day,
plus one night hotel. As this Council meets quarterly, the overall cost will
be approximately $1,300.
A City Council nomination is necessary for Lubbock to be considered as a
candidate for this TCEQ Council.
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to nominate Council Member Tom Martin and to pass
Resolution No. 2003-R0350. Motion carried: 7 Yeas, 0 Nays.
(65.) Resolution No. 2003-RO351 nominating an individual to serve as
Lubbock's representative on the Ports -to -Plains International Trade
Coalition Board of Directors.
RESOLUTION NO.2003-RO351
WHEREAS, the Ports to Plains Trade Corridor, a four -lane, uninterrupted divided
highway that will link Canada and with Mexico and will pass through Lubbock, is an
important transportation and economic development initiative for our city; and
WHEREAS, the Ports to Plains Trade Corridor Coalition (a Corporation) is
governed by a 19 member Board of Directors comprised of representatives of
municipalities and other entities, including a representative from Lubbock; and
WHEREAS, the resignation of Randy Neugebauer as Lubbock's representative on
the Ports to Plains Trade Corridor Coalition's Board of Directors has created a vacancy;
and
WHEREAS, it is the responsibility of the Lubbock City Council to nominate an
individual to fill the duties of this board member with the understanding that bylaws
require the Ports to Plains Board of Directors to approve the nomination; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of Lubbock hereby nominates the following
named individual to serve on the Board of Directors of the Ports to the Plains Trade
Corridor Coalition in place of Randy Neugebauer, who has resigned due to his election to
the United States Congress.
NOMINEE: Tom Martin
SECTION 2. THAT the City Manager is hereby authorized and directed to
provide a copy of this Resolution and appropriate backup materials to the Board of
Directors of the Port to Plains Trade Corridor Coalition.
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Passed by the City Council of the City of Lubbock this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARK McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Quincy White
Tommy Gonzalez, City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
The Ports -to -Plains International Trade Corridor is a proposed four -lane,
uninterrupted highway that passes through Lubbock and links Canada to
Mexico. With the resignation of Randy Neugebauer from the Coalition's
Board of Directors, the City Council may nominate a replacement.
According to bylaws, the Ports -to -Plains Board of Directors must then
confirm the nominated individual themselves. The Board has nineteen
voting members when all positions are filled. So far, the Board has always
accepted nominations that have been submitted for their consideration.
FISCAL IMPACT:
Each City pays for their Board member's travel expenses. Annually there
are four Board meetings, and the possibility of travel to Washington D.C.
Estimated travel costs are $1500 to $2000 per year.
A City Council nomination is necessary for Lubbock to be represented on
the Ports -to -Plains Board of Directors
Motion was made by Council Member Boren, seconded by Council
Member Morrison to nominate Council Member Tom Martin and to pass
Resolution No. 2003-RO351 as recommended by staff. Motion carried: 7
Yeas, 0 Nays.
PLANNING/TRANSPORTATION
Streets
(66.) Resolution No. 2003-RO352 revising the Paving Policy of the City of
Lubbock (revising Resolution #4475 passed April 28, 1994).
RESOLUTION NO.2003-RO352
A RESOLUTION DEFINING THE PAVING POLICY OF THE CITY OF
LUBBOCK WITH REGARD TO ALL PAVING ON ALL STREETS, AVENUES,
AND/OR ALLEYS WITHIN OR ALONG THE CITY LIMITS AND ESTABLISHING
STANDARDS FOR THE CITY'S PARTICIPATION, IF ANY, FOR THE VARIOUS
METHODS OF PAVING STREETS.
WHEREAS, the City Council of the City of Lubbock finds that due to changed
conditions it is necessary and advisable to revise the paving policy of the City of
Lubbock as heretofore established by Resolution dated the 28th day of April, 1994, and;
WHEREAS, this policy is intended to supplement current state laws, City Charter
provisions and City ordinances on the same topic; NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I. GENERAL
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All paving improvements are to be constructed in accordance with the
city's standard plans and specifications under the supervision of the City
Engineer and the distribution of the costs for these paving improvements
shall be in accordance with the following policy.
II. PROPERTY OWNER PARTICIPATION IN PAVING STREETS
A. The typical method of funding and installing improvements on any
unpaved street or alley shall be one of those later described in this
policy. The abutting property owners will benefit the most from
these paving improvements and should be willing to participate in
a part or all of the cost. Through the history of the City, abutting
property owners have participated in the cost of practically all of
the City streets which have been paved.
B. Should the abutting property owners of any unpaved street desire
street paving, they should determine which of the methods later
described best fits their situation and initiate appropriate action.
C. Although some streets have been paved with Community
Development Block Grant funds since the mid — 1970's, this
option is only possible on streets within a Community
Development Block target area and only if that funding is
available.
III. TYPICAL DESIGN STANDARDS
Curb & Gutter — 24" C&G section with 6" vertical face, barrier type curb.
Concrete alley returns are required at the intersection of alleys and streets.
Concrete valley gutters, for surface drainage, may be required at street
intersections.
T-1 & T-2 Thoroughfare Streets -9" asphaltic stabilized base (ASB) with
1-1 /2" asphaltic concrete (AC) surface or 8" concrete paving (unless a site
specific design is approved to vary from this minimum standard design).
Industrial & Collector Streets — Minimum standard design of 6inch
flexible base (caliche) and 1-1/2" AC surface. However, if the proposed
development is determined to generate significant truck traffic, an
additional 3" ASB may be required.
Residential Streets — Minimum standard design of 6" flexible base
(caliche) and 1-1 /2" AC Surface.
Alley Paving — Minimum of 10 feet width of concrete paving having an
inverted crown with 5" depth in the center and 7-1/2" depth on the edges.
Exceptions to Design Standards — Should soil, traffic or drainage
conditions exist which make the above minimum standards inappropriate,
an alternate design may be required to allow the expected normal service
life of the proposed paving improvements.
IV. ASSESSMENT PAVING IMPROVEMENTS
A. General Discussion
The City Council has determined, as a standard practice, that
assessment paving programs will not be utilized for the paving of
unpaved streets or alleys within the City of Lubbock. This
standard practice has been established due to the provision in State
Law (Section 313.048 of the Texas Transportation Code) which
mandates an assessment may not exceed the enhanced value to the
abutting property being assessed for the paving improvements. In
recent history, the enhanced value of abutting properties, due to
paving improvements, has not approached the actual costs of
paving construction. Since the City Council believes the primary
benefit of paving improvements are to the abutting properties and
the owners of these properties, then these owners should be paying
the cost of these paving improvements.
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Exceptions to this standard practice:
(1) Thoroughfare or collector street paving projects initiated by
the City for the improvement of the City's surface
transportation needs will continue the assessment paving
process, unless otherwise directed by the City Council on
that specific project.
(2) Other street or alley paving imrpvements projects initiated
by the City as a result of traffic, drainage or maintenance
needs may be placed on an assessment paving program, as
directed by the City Council.
For those instances that the City Council authorizes an assessment
paving program, the following paragraphs B through K shall apply:
B. This Section shall establish procedures utilized by City staff in
calculating the rates for assessment paving for street or alley
improvements and other policy issues related to assessment
paving. However, Chapter 313 of the Texas Transportation Code
may dictate, or the City Council may choose an assessment amount
that differs from those rates calculated.
C. The entire cost of the concrete curb and gutter parallel to and
abutting the property and of the same length as the property it
abuts shall be assessed against the abutting property and the
owners thereof, such concrete curb and gutter to be referred to
hereinafter as "property owner curb."
D. Ninety percent (90%) of the entire street paving cost, exclusive of
the "property owner curb", will be assessed against all abutting
property and the owners thereof with the exceptions shown in
paragraphs E and F below.
E. The maximum assessment against an R-1 or R-2 residential zoned
and utilized property will be the costs associated with the paving of
-- half of a 36 foot wide street (16.5 feet width of asphalt paving).
The maximum assessment against a property that is zoned other
than R-1 or R-2 or residential zoned property which is being used
for other than residential purposes will be the costs associated with
the paving of half of a 58 foot wide street (27.5 feet width of
asphalt paving). Property that has zoning limited to church or
church related use will be treated as R-1 or R-2 residential zoned
property.
F. The ninety percent (90%) rate in paragraph D above is known as
the "front" rate. The "front" abutting property, for assessment
purposes, is that footage along the shorter side of a lot. The "side"
abutting property is the footage along the longer side of a lot. If
"side" abutting property is zoned for R-1 or R-2 residential
purposes, and if occupied, is occupied for these residential
purposes, an assessment of sixty percent (60%) of the entire paving
cost, exclusive of the "property owner curb" will be assessed
against the "side" abutting property and the owners thereof. There
will not be a "side" rate for non-residential properties.
G. Alley paving assessments will be based on the ninety percent
(90%) rate.
H. The method to be used on a paving project to determine the "front
and side foot rates" and property assessments as set forth above is
as follows:
1. All streets of identical width are to be grouped together into
a single Unit, and each individual street in the Unit shall be
designated as a Sub -unit of their particular Unit.
2. The "total project cost" of a Unit includes the total cost of
the various items of work contributed from all Sub -units of
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the Unit as bid plus six percent (6%) of said contract cost
for engineering.
3. From the "total project cost" the "property owner curb"
will be deducted at the rate established by the contractor's
bid price per linear foot for concrete curb and gutter and/or
concrete gutter plus six percent (6%) engineering.
("Property owner curb" does not include that curb and/or
gutter along side and across alley returns nor all of the curb
radii). If there is a railway crossing in the Unit, the charges
assessable directly to the railway company at bid prices
plus six percent (6%) will also be deducted.
4. The amount after making the above deductions will be
termed the "cost excluding property owner curb costs and
railroad crossing costs" referred to herein as amount "A".
5. The "front foot rate" is amount "A" less 10% amount "A"
divided by the total footage of all property abutting all Sub-
units making up the entire Unit. This is the ninety percent
(90%) rate described in Paragraph E.
6. The "side foot rate" is 2/3 of the above rate. This is the
sixty percent (60%) rate described in paragraph F.
7. Part of the total cost to be assessed against each parcel of
property abutting the improvements in each Unit will be
determined by multiplying the abutting footage of each
parcel of property by either of the above rates or by a
combination of the above rates, whichever is applicable.
This cost will be referred to herein as the "property owner
paving cost."
8. The total cost to be assessed against each parcel of property
abutting the improvements in each Unit is the sum of the
"property owner paving cost" and the "property owner curb
cost".
I. An exception to the calculation of the assessment rates previously
described in paragraphs C,D,E,F,G and H will be granted for
residential property located in lower income areas of the City as
identified by the general Community Development Block Grant
(CDBG) target areas. In these target areas, the front residential
rate will be calculated at 30% of the typical calculated total front
rate (total of curb and gutter rate plus paving rate). The side
residential rate in the target areas will be calculated at 60% of this
reduced rate, or 18% of the typical total front rate. The assessment
rate for alley paving in the CDBG target areas will be calculated as
30% of the total cost of the improvements for residential (R-1 and
R-2 zoned) property.
J. As prescribed by State Law, the City Council shall provide the
time, terms, and conditions of payment and defaults of
assessments, and prescribe the rate of interest which shall not
exceed the greater of eight (8) per cent per annum or the rate
payable by the City of Lubbock on its most recently issued general
obligation bonds. The standard interest rate for assessments shall
be one (1) per cent over Wall Street Prime Rate at the time of the
assessment public hearing, not to exceed the limitations stated
above. Payment for paving assessments is due within twenty (20)
days following completion and acceptance of the paving
improvements with no interest due. However, a standard method
of payment of paving assessments has been established allowing
fie (5) payments, over four (4) years, with the first payment being
due within twenty (20) days of acceptance of the paving
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improvements. Interest is accrued at the rate established at the
assessment public hearing as described above.
K. Owners of unplatted property may elect to delay payment of their
assessment until such time as their property is platted. No interest
will accrue on this delayed payment on the paving assessment.
However, as a condition of the platting of that subject property, the
assessment shall be paid in the full amount due. A lien, in the
amount of the paving assessment due, shall be filed against the
subject property following passage of the paving assessment
ordinance, and such lien shall not be released until such time as the
paving assessment is paid.
V. RESOLUTION PAVING IMPROVEMENTS
A. In those instances on existing unpaved streets where all owners
agree to pay their share of the paving costs, or one or more owners
agree to pay all the property owners share of the paving costs, then
those owners may request that the City participate in the cost of the
paving improvements, exclusive of the "property owner curb",
equivalent to the City participation in assessment paving. This will
require approval of a resolution by the City Council.
B. The owner/owners will pay all the costs for "property owner curb".
The owner/owners paving rates will be calculated as shown in
paragraph IV.H.
C. The owner/owners will contract separately with a paving
contractor of their own choice, however, City participation will not
exceed amounts calculated using current bid prices received on
other paving projects.
D. City staff will perform materials testing and construction
inspection of these paving improvements as is done on all paving
projects. The City's share of the paving cost will be paid directly
to the contractor upon completion of construction and formal
acceptance of the paving improvements by the City Council.
E. However, resolution paving will not be an allowed alternative if
the City's participation exceeds $14,999.
VI. SUBDIVISION PAVING IMPROVEMENTS
A. Street and/or alley paving improvements required at the time of
final platting of subdivisions (Chapter 25 of the Lubbock Code of
Ordinances) shall be furnished by the developer, with the
exception of City participation in the cost of extra width paving
described in the following paragraphs.
B. On streets requiring extra width, as shown on the Master
Thoroughfare Plan, the City will pay for the entire cost of paving
streets that exceed 36 feet in width if the abutting property is zoned
for R-1 or R-2 residential use. The City will participate in the cost
of paving streets that exceed 58 feet in width if the abutting
property is zoned for other than R-1 or R-2 residential use.
Property that has zoning limited to church or church related use
will be treated as R-1 or R-2 residential zoned property.
C. Other than thoroughfare or collector streets, half width streets shall
only be allowed where essential to the reasonable development of
the subdivision. As a standard, other than thoroughfare or
collector streets, boundary streets in subdivisions shall be
dedicated and paved full width.
D. Half width paving of any collector or other boundary street in the
subdivision will require approval of the City Engineer upon
consideration of drainage issues. A working easement will be
required from the adjacent property owner for the installation of
the half width paving. The developer will install paving two feet
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beyond the center line of the street for any half width paving
constructed.
E. The developer will be required to deposit with the City the
estimated cost to construct any paving improvements not
constructed at the time of platting. As a standard, the curb and
gutter will be constructed at the time of platting and the developer
will prepay the cost of the installation of the surface, base and
subgrade portion of the street improvements. Details of
thoroughfare paving adjacent to new subdivisions are described in
Section VIII of this resolution.
F. The City Engineer's estimate of the money to be deposited by the
developer in escrow for paving that cannot be constructed shall be
based on the current bid prices for comparable assessment paving
at the time bids are received. No adjustment shall be made either
to the City or to the subdivider in a case of variation between the
actual successful bid prices received at the time of the award of the
contract and the estimated prices used determining the amount of
the escrow. Similarly, no adjustment shall be made either to the
City or to the subdivider in the case of variations between the
actual quantities of improvements constructed and the estimated
quantities of improvements to be constructed. The City's budget
fund can be credited or charged with any difference between the
estimated and actual cost at the time of the acceptance of the actual
improvements. No monetary adjustment shall be made to the
subdivider. The escrow money shall be kept in special account by
the City Treasurer and shall not be released to the City's General
Fund until the improvements have been completed and accepted by
the City Council.
G. The developers amount to be placed in the escrow account will be
based on unit prices for 9" depth asphalt stabilized base and 1-1/2"
A.C. surface paving for T-1 and T-2 thoroughfares; and 6" depth
flexible base (caliche) and 1-1/2" A.C. surface paving for all other
types of streets.
VII. STREET & ALLEY USE PERMIT PAVING
A. A person or persons may pave a street or alley in the City through
the issuance of a street or alley use permit in accordance with
Chapter 24 of the Code of Ordinances.
B. The proponent will hire a contractor to construct the paving
improvements. The proponent or contractor will apply for the
permit in the office of the City Engineer.
C. The total cost of constructing the improvements will be paid by the
proponent to the contractor. There will not be a fee charged by the
City for the permit. However, the proponent will be charged a fee
for City services involved in engineering, and/or testing and
inspection as described in Chapter 24 of the Code of Ordinances.
VIII. THOROUGHFARE STREETS
A. In new subdivisions, the developer will be responsible for the cost
of the curb and gutter and 16.5 feet of width of the thoroughfare or
collector paving if adjacent to R-1 or R-2 residential zoned
property and up to 27.5 feet of width of the thoroughfare or
collector paving if adjacent to other than R-1 or R-2 zoned
property. Property that has zoning limited to church or church
related use will be treated as R-1 or R-2 residential zoned property.
B. The City Council may appropriate funding for the City's share of
thoroughfare paving costs upon determination that the
thoroughfare paving improvements are needed. As a guide, the
City Council may consider the following methods (in priority
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order) of securing funding needed for a specific thoroughfare
paving project. These methods are:
1. Certificate of Obligation Bonds -Upon request of staff,
developer, or property owner, the City Council may
evaluate thoroughfare paving needs on a case -by -case basis
to determine the urgency of issuing C.O. Bonds.
2 Street -Capital Project Funds -The City Council may choose
to use unreserved funds or reallocate funds designated for
another project within the Street Capital Projects Fund if
deemed necessary.
3 The City Council may call a street improvement bond
election.
ADDITIONAL NOTES:
1. The City staff will continually pursue alternative federal
and state funding sources, such as the Intermodal Surface
Transportation Efficiency Act (ISTEA) or TEA 21, to
finance the partial or total cost of thoroughfare paving
projects. Any prepaid paving monies deposited by
developers for these thoroughfares will be used for the
City's participation in the cost of these projects.
Assessment programs may be initiated for adjacent
properties share of the cost on those properties that prepaid
monies have not been deposited.
2. An assessment program may be initiated for thoroughfare
paving and considered by the City Council upon request by
staff, developers, individual Council members, etc.
3. The City Council will make final determination of whether
or not to pave a thoroughfare based on the public necessity
for the project.
C. The developer will install the curb and gutter on the thoroughfare
at the time of platting and will deposit his/her share of the cost of
street paving in the City's prepaid paving escrow account.
However, the thoroughfare can be constructed by the developer at
the time of platting if the following conditions exist:
1. The City's participation in the cost of the thoroughfare does
not exceed 30% of the contract amount and the unit prices
in the contract are comparable with current bid prices on
City contracts.
2. The City Council has appropriated funds for the City's
share of the cost. Prepaid funds from other developers
placed with the City for this length of the thoroughfare will
be available for the City's portion of the cost.
3. That full width paving is constructed for a minimum of
1,000 linear feet of thoroughfare.
4. Either all of the adjacent properties for this length of
thoroughfare shall have been developed with their paving
prepaid or the developer shall reach agreements with the
owners of the undeveloped properties for them to pay their
share of the curb and gutter and street paving cost to the
contractor at the time of construction.
D. If the City cost, including prepaid funds for a requested length of a
thoroughfare, exceeds 30% of the total cost, the City would then be
required to bid and contract the paving improvements. In this case,
the following criteria shall be required:
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1. If the total abutting properties have been developed or if the
owners of abutting undeveloped properties are in
agreement to pay their share of the thoroughfare cost, then:
a. The proponent shall make a formal request of the
City Council to dedicate available funds for the
City's participation in the desired thoroughfare
paving.
b. At a minimum, 1,000 linear feet of full width
thoroughfare paving will be considered.
2. If the adjacent properties have not been totally developed, but
at least 50% developed, and agreements for owners of those
undeveloped properties to pay their share of the paving costs
cannot be reached, then:
a. The proponent shall make a formal request of the
City Council to initiate an assessment paving
program for the thoroughfare paving if funding is
available for the City's participation in the cost.
b. At a minimum, a half -mile of full width
thoroughfare paving will be considered unless
reasonable limits of terminating the project less than
one-half mile exist for this thoroughfare.
IX. STRIP PAVING
A. Strip paving is not considered standard, permanent paving, but
only a temporary paving measure until full width paving with curb
and gutter can be constructed.
B. As a standard, strip paving will not be considered except for
thoroughfare streets. All strip paving will require City Council
approval.
C. The City Council may initiate strip paving of an unpaved
thoroughfare street if needed for access or traffic concerns if
adequate funding exists.
D. A developer, with City Council approval, may construct strip
paving on an unpaved thoroughfare to provide paved access to
his/her development or adjacent to their subdivision with the
following considerations:
1. The developer can request the City Council fund the
thoroughfare strip paving construction from the limits of
his/her subdivision to the location of the nearest existing
thoroughfare paving. However, should the funding not be
approved by the City Council, the developer may construct
the thoroughfare strip paving at his/her cost but no future
compensation to the developer will be due from the City for
the construction of this temporary paving.
2. The developer, immediately adjacent to the proposed
subdivision, will either construct the full width thoroughfare
paving (in accordance with paragraphs VIII-B or VIII-C) or
construct temporary strip paving. Strip paving cost adjacent
to a subdivision at the time of platting shall be borne by the
developer with no compensation due to the developer from
the City at the time of construction or any time in the future.
The developer, if strip paving is constructed, will still be
responsible for the construction of curb and gutter at the time
of platting, and prepaying his/her thoroughfare paving cost
for the future full width paving.
E. Any strip paving approved by the City Council will be constructed
by the developer for thoroughfares through the Subdivision paving
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method or by Street Use Permits. Assessment Paving and
Resolution Paving methods which involve City participation in the
cost of the improvements is intended for permanent full width
paving, not temporary paving.
F. The minimum design standard for strip paving a non -thoroughfare
street unless otherwise approved by the City Council, will include
a 24 foot wide paved strip with a 2 foot wide caliche base shoulder
on each side. A minimum depth of twelve inches of subgrade
preparation, a six inch depth of compacted caliche base and a one
and one-half inch depth of asphaltic concrete surface will be
required for this type strip paving. The details and materials of
construction will conform to current residential street paving
specifications and City ordinances.
G. The minimum design standard for strip paving a thoroughfare
designated street, unless otherwise approved by the City Council,
will include a 24 foot wide paved strip with a 2 foot wide caliche
base shoulder on each side. A minimum depth of twelve inches of
subgrade preparation, a six inch depth of compacted caliche base
and a one and one-half inch asphaltic concrete surface will be
required. The details and materials of construction will conform to
current residential street paving specifications and City ordinances.
H. Should the City or a developer construct temporary strip paving
along a designated thoroughfare street, the City or developer will
construct temporary asphalt paving from existing paved streets or
paved alleys to the edge of the new strip paving. The City will
maintain these temporary paved tie-ins in the future thoroughfare
paving area. The construction and maintenance of any temporary
paving tie-ins (connecting driveways) from private driveways to
the strip paving will be the responsibility of that abutting property
owner. Any new development that occurs after the thoroughfare
strip paving has been constructed will be responsible for the
construction and maintenance of their temporary paved connecting
driveway tie-ins from the curb or their property to the edge of the
strip paving. These temporary tie-ins will be required through the
building permit of this new development.
I. The City will not construct or maintain any connecting driveways
from the property to the edge of the strip paving on any non -
thoroughfare streets. The abutting property owner will be
responsible for the construction and maintenance of these
connecting driveways. The abutting property owners authority to
construct these driveways will be through a building permit.
J. Approval of a connecting driveway to strip paving shall conform to
one of the following criteria:
1. The elevation of the driveways shall follow the grade of the
ditch, except that the lowest elevation of the driveway may
be a maximum of two inches higher than the flowline of the
ditch.
2. If the ditch has sufficient depth, the owner may use an
approved circular or arch pipe culvert under his/her
driveway. The pipe will have a minimum diameter of 24
inches if circular. If an arch pipe is used, the equivalent
minimum diameter shall be24 inches. The property owner
will be responsible for furnishing and installing any pipe
culverts for non-residential properties. The property owner
will be responsible for furnishing the pipe for residential
driveways but may request the City's Street Department
perform the installation. The City's Street Department will
approve the grade of all pipe culverts.
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X. ACCEPTANCE OF PRIVATE STREETS AS PUBLIC STREETS
A. This section relates to the dedication of an existing paved or
otherwise improved private street or drive as a public street. These
private streets would typically be included in a subdivision plat
designating these drives or streets as private.
B Acceptance of private streets as public will require City Council
approval.
C. Consideration of this dedication of a private street will be based on
meeting the City's standard design criteria for that type of street.
If the street does not meet standard right-of-way width
requirements, paving width standard requirements, typical curb
and gutter design requirements, or the pavement surface or base
depth standard requirements, the proponent, in their dedication
request to the City Council, will outline the measures they intend
to take in providing that their street will meet minimum design
standards. Any such measures, such as reconstruction, widening,
overlays, or replacements shall be performed prior to the official
acceptance of this private street as a public street.
D. Should dedication of a private street in poor condition be
requested, certain rehabilitation and maintenance measures shall be
required prior to acceptance of that street. Failures shall be
repaired, and an overlay or one course or two course seal coat may
be required, depending on the condition of the pavement surface,
prior to dedication.
E. All costs necessary to provide that the private street meet minimum
standards necessary for dedication as a public street will be paid by
the proponents of this request prior to acceptance of the dedication.
XI. POLICY
A. This policy is intended to be in conformance with State Laws, the
City Charter, and City Ordinances on this subject of paving streets
and alleys within the City of Lubbock and will be utilized and
construed in accordance therewith. However, in case of conflict,
State Law and/or the City Charter and City Ordinances shall take
precedence over this Resolution.
Passed by the City Council this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
The Paving Policy is currently being considered for revision due to recent
problems of assessing a share of the paving cost to the abutting property
owners. Possible revisions to the Paving Policy were discussed in Council
Work Session on July 10, 2003. State law mandates a paving assessment
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Page 215
cannot exceed the enhancement value to the adjacent property being
assessed. In recent years it has typically been discovered that the
enhancement value is a fraction of the actual cost to construct the paving
improvements.
Prior City Councils have expressed their belief that the primary benefit of
paving improvements is to the abutting properties. Therefore the majority
of the costs should be borne by the owners of abutting properties, specially
in cases dealing with alley paving.
This revision would only consider assessment paving initiated by the City
for thoroughfare or collector paving, or for other street or alley paving
improvements needed because of traffic, drainage, or maintenance needs.
There are no provisions for property owners to petition to have their street
or alley paved through an assessment -paving program.
The options remaining for property owners to pave their unpaved street or
alley are Resolution Paving (where the City will participate in 10% of the
paving cost) and Street/Alley Use Permits where the owners pay 100% of
the cost. Both of these methods have either 100% of the owners agreeing
to pay their share, or the owners in favor of paving must pick up the share
of costs for those owners that will not participate. There are no provisions
for the City to finance the property owners' share of the cost.
Other changes of note in the proposed policy revisions are:
(1) In the sections pertaining to Assessment Paving, New Subdivision
Paving, and Thoroughfare Paving, written clarification was added in
the way staff should handle the paving participation of church
property. Churches will be handled as residential property in
calculating their paving participation requirements. In the past,
churches were allowed uses in residential zoned property. Current
zoning requires more restrictive zoning districts. Paving
requirements, by policy, are different for properties zoned other than
R-1 or R-2.
(2) Interest rate for properties being assessed is established at one per
cent over Wall Street Prime Rate. City Council discussed and
directed this to be changed during the Milwaukee assessment public
hearing. The maximum interest is eight per cent, or the interest paid
by the City on its most recent general obligation bonds, whichever is
greater (by State law).
(3) Owners of unplatted property of a street on an assessment -paving
program can delay their payment until they plat their property. This
delay is with a zero interest charge. Council also directed this change
at the Milwaukee assessment public hearing.
FISCAL IMPACT:
Exact fiscal impact will be difficult to identify.
There will be less City participation on paving of unpaved streets and
alleys. There will not be an assessment paving process for normal paving
requests. The City will still have a 10% participation in costs on
Resolution Paving. It is anticipated there will be fewer paving requests
since 100% property owner participation will be required.
The lower interest rate on assessment programs the City does perform will
likely have a minimal impact. Council did want to set this rate at a
comparable rate to market.
Delay of assessments on unplatted property may have an impact on the
specific project being paved. Each project will be different and that
impact will depend on how much unplatted property abuts the street and
how long it may stay unplatted after the paving is completed.
Staff recommended approval of this resolution.
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Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2003-RO352 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
PUBLIC WORKS
EnIZineerin
(67.) Resolution No. 2003-RO353 authorizing the Mayor to execute an
amendment to the contract with Texas Water Development Company,
LLC (dba Water Texas) for expanded consulting services for an
additional $35,000 of consultant services under the existing contract.
RESOLUTION NO. 2003-RO353
WHEREAS, by Resolution Number 2003-R0113 (the "Resolution"), dated March
5, 2003, the city Council of the City of Lubbock entered into a Contract for consulting
services with Texas Water Development Company, LLC; and
WHEREAS, the city Council of the City of Lubbock desires to amend the
Resolution to expand the Contract's scope of work, including developing additional
annual yield estimates for the City's water supply resources, consulting with the Lubbock
Water Advisory Commission, and advising the City with regard to its decision to ensure
the preservation of the City's use and control of its developed water;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. THAT Resolution Number 2003-R0113 is amended by adding the First
Amendment to Contract. Said Amendment to 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.
2. Except as expressly amended hereby, Resolution Number 2003-RO113
shall remain as originally provided.
Passed by the City Council this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Director of Public Works
APPROVED AS TO FORM:
/s/ Anita Burgess
Anita Burgess, City Attorney
A copy of the Amendment to Contract is filed with Resolution No. 2003-R0353.
Water Texas is performing an evaluation of the City of Lubbock's water
resources. They have proposed an amendment to the scope of services
that includes the following major items:
1. Advising the City of Lubbock on matters related to the continuing
use and control of its developed water resources.
2. Constructing a reservoir operations model for the Canyon Lakes
System to determine the firm annual yield.
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Page 217
3. Advising the City of Lubbock's Water Advisory Commission at a
maximum of four workshops.
Their current contract price is $90,000. This amendment will increase the
contract price to $125,000.
FISCAL IMPACT:
This amendment will increase the Public Works Engineering (cost center
6211) budget by $35,000.
Staff presented this to the Council for their direction.
Motion was made by Council Member Boren, seconded by Council
Member Morrison to pass Resolution No. 2003-RO353 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Gilbreath recused himself.
(68.) Resolution No. 2003-RO354 modifying the original resolution
establishing the Lubbock Water Advisory Commission to include a
staff liaison from the City Attorney's office.
RESOLUTION NO.2003-RO354
WHEREAS, by Resolution Number 2003-RO285 (the "Resolution"), dated July
24, 2003, the City Council of the City of Lubbock established the Lubbock Water
Advisory Commission to review and evaluate various water and wastewater related
issues;
WHEREAS, the City Council of the City of Lubbock desires to amend the
Resolution to provide for the appointment of a liaison by the City Attorney;
WHEREAS, the Lubbock Water Advisory Commission review of the water and
wastewater related matters described in the Resolution, as amended hereby, is important
to ensure the future of a consistent supply of potable water to the citizens of the City of
Lubbock;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. THAT Resolution Number 2003-RO285 is amended by deleting paragraph
2 thereof in its entirety and substituting the following:
2. THAT the Commission shall consist of nine (9) members, who
shall be comprised of: one (1) member being a representative of the
Brazos River Authority; one (1) member being a representative of the
Canadian River Municipal Water Authority; one (1) member being a
representative of the High Plains Underground Water Conservation
District No. 1; one (1) member being a representative of the Llano
Estacado Regional Water Planning Group; and five (5) members at -large.
The City Council of the City of Lubbock shall appoint all Commission
members. The City Council of the City of Lubbock shall designate the
Chairperson and the Vice Chairperson from the appointed members of the
Commission. The City Manager and the City Attorney of the City of
Lubbock shall each appoint one (1) City employee to act as liaisons to the
Commission.
2. Except as expressly amended hereby, Resolution Number 2003-R0285
shall remain as originally provided.
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Page 218
Passed by the City Council this 28th day of August, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Director of Public Works
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner, First Assistant City Attorney
Council requested this amendment to the enabling resolution. It allows the
City Attorney to designate a staff representative to the Advisory Council.
Currently, the City Manager is designated to appoint one staff
representative.
Staff presented this to Council for their direction.
Ches Carthel, Chief Engineer, Water Utilities, gave staff comments.
Motion was made by Council Member Martin, seconded by Council
Member Boren to pass Resolution No. 2003-RO354 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Gilbreath was away from the dais.
The next item considered was Item 70.
(69.) Resolution No. 2003-110349BI1) #122-03BM —Relocate Water Supply
Lines Ahead of Marsha Sharp Freeway Project. (Public Works
Engineering).
This item was considered following Item 62.
RESOLUTION NO.2003-RO349
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 to relocate water
supply lines ahead of freeway project, Bid #122-03/13M, by and between the City of
Lubbock and D & D Cable Services, Ltd, 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.
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Page 219
Passed by the City Council this 28th day of August, 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 28th day of August, 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 D&D Cable Services, Ltd., 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 #122-03/13M - RELOCATE WATER SUPPLY LINES AHEAD OF FREEWAY
PROJECT - $903,526.23
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.
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Regular City Council Meeting
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ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Owner's Representative
APPROVED AS TO FORM:
/s/ John M. Knight
City Attorney
ATTEST:
Corporate Secretary
/s/ Michelle R. Ramon
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDougal
MAYOR
CONTRACTOR:
D&D Cable Services, Ltd.
By: /s/ Terry L. Taylor
PRINTED NAME: Terry L. Taylor
TITLE: President
COMPLETE ADDRESS:
D&D Cable Services, Ltd.
12302 FM 1730
Lubbock, TX 79424
This project is a part of the utilities relocation in advance of the Marsha
Sharp Freeway Project and involves the relocation of two 24-inch
diameter water lines that supply water to City pumping station #7 at 29`h
Drive and U.S. 62/82. These pipes will be re -located from 18`h Street and
Raleigh along the north side of the freeway project to the existing
pumping facility. The existing pipes will be abandoned in place.
This project is a requirement of the Texas Department of Transportation
(TxDOT) Utility Accommodation Policy. The existing water supply
system to City pumping station #7 will be in conflict with this TxDOT
Policy. This project will have a minimal impact on the maintenance and
operation budgets of the water department.
Seventy-five local businesses were notified of the Invitation to Bid. Time
for completion of this project is 120 calendar days and liquidated damages
is $500 per day.
The low bid from D&D Cable Services of Lubbock, Texas is not being
recommended for contract award due to unfavorable references involving
the type of work to be performed on this project and due to insufficient
experience with the project scope of work. References of D&D Cable
Services for telecommunications cable and fiber optic type work were all
pleased with the work performed by this bidder.
FISCAL IMPACT:
A total of $2,475,000 was appropriated and $1,600,000 is available in
project number 9742 (Water lines ahead of Marsha Sharp Freeway) for
this purpose.
Award bid to Rink's Lease Service, Inc. of Levelland, Texas, for
$925,605, or such alternative action as the City Council may deem
appropriate.
Chester Carthel, Chief Engineer, Water Utilities, gave staff comments.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to amend Resolution No. 2003-R0349 and award to
low bidder, D&D Cable Services of Lubbock, Texas. Motion carried: 5
Yeas, 1 Nay. Council Member Hernandez voted Nay.
Council Member Martin was away from the dais.
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11:17 A. M. CITY COUNCIL RECESSED.
The next item considered was Item 52.
Water Laboratory
(70.) Resolution No. 2003-110355/13I1) #050-03/RW — for Water Treatment
Lab Equipment (Water Process Control Lab).
This item was considered following Item 68.
RESOLUTION NO.2003-RO355
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 Purchase Order for water
treatment lab equipment, ITB #050-03/RW, by and between the City of Lubbock and
Agilent Technologies, Inc., of Wilmington, DE., and related documents. Said Purchase
Order 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.
Passed by the City Council this 28th day of August, 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
A copy of the Purchase Order is filed with Resolution No. 2003-R0355.
This bid is for the purchase of two gas chromatograph/mass spectrometers
(GS/MS) at the Drinking Water Treatment Laboratory. One of these
instruments will replace an existing gas chromatograph that is used to
monitor volatile organic compounds, including total trihalomethanes
(disinfection by-products). The other instrument will be used to monitor
for semi -volatile compounds and pesticides, and replace an existing
GC/MS.
The existing instruments are ten years old. During this time, technology
has improved and instruments now available allow more sensitive, more
accurate, and faster detection of contaminants. Repair/replacement parts
for the existing instruments become more difficult to obtain as
manufacturers cease to support those models. Loss of these instruments
would impair the lab's ability to detect contaminants in the Source Water
and the Distribution System. Failure to detect these contaminants could
endanger public health and/or cause the City to be out of compliance with
TCEQ/EPA drinking water regulations.
Bids were received from the following companies:
• Varian, Walnut Creek, CA
• Shimadzu Scientific Instruments, Houston, TX
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• Perkin Elmer, Shelton, CT
• Agilent Technology, Wilmington, DE
• Thermo Finnigan, San Jose, CA
The evaluation Committee included Elizabeth McLeister, Water
Treatment Laboratory Coordinator, Fekade Girma, Water Treatment
Laboratory Chemist, and Tony Flores, Water Treatment Laboratory
Chemist.
The Committee members evaluated the bids in order to determine the
bidder who provides a system at the best value for the City, using the
following criteria:
• The purchase price
The reputation of the bidder and of the bidder's goods and services
• The quality of the bidder's goods and services
• The extent to which the goods or services meet the City's needs
• The bidder's past relationship with the City
The impact on the ability of the City to comply with laws and rules
relating to contracting with Historically Underutilized Businesses
and non-profit organizations employing persons with disabilities
The total long-term cost to the City to acquire goods or services
Any relevant criteria specifically listed in the Invitation to Bid
The Committee evaluated the bids and weighed the following information in
its decision:
Varian Bid #1 (1200 Single Quad — 3800 GC/MS)
a. The Committee believes the price is unreasonably high
relative to the current GC/MS market.
b. The price is significantly beyond the budget allocated for
these two instruments.
C. This instrument is not commonly used in environmental or
municipal laboratories.
2. Varian Bid #2 (Saturn)
This instrument does not meet specifications. The bid specifies quadruple
mass spectrometers, and this instrument is an ion trap mass spectrometer.
3. Shimadzu Bid #1 (QP2010)
a. This instrument is new to the market, released in December
2002, and is not market tested.
b. The vendor was not able to provide any references on this
instrument (see Table 2).
C. Late in the bid evaluation process, the sales representative
and his manager indicated that this instrument is too
sensitive for the Water Treatment Laboratory's applications
and asked us to only consider option 2 (Shimadzu bid #2).
This statement disqualifies the QP 2010 from further
consideration.
4. Shimadzu Bid #2 (QP5000)
a. Does not meet the specified user -defined wide range
ionization voltage. The QP5000 has fixed 70eV ionization
energy.
b. In general, the reference ratings for the QP5000 were from
fair to excellent. However, despite their overall good
ratings, some references hesitated to recommended this
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instrument. In private, they indicated that if cost is not a
limiting factor to purchase a different vendor's product.
One reference rated tuning, installation, training, and
software as poor. These comments have resulted in an
unfavorable rating of this instrument.
C. Shimadzu is not commonly used in municipal laboratories
(see Table 2). Because of this, the Committee was not able
to get adequate information from municipal labs using EPA
methods for drinking water and wastewater, and therefore
were unable to determine the performance of this
instrument.
d. Despite the low price, Shimadzu is not commonly used and
does not have a good market share in the GUMS arena.
Shimadzu has an 8% share of the GUMS market according
to the 2002 and 2003 American Laboratory/PittCon Survey
(see Table 4).
e. The Committee conducted a survey of randomly selected
EPA certified privately owned environmental laboratories.
This survey revealed that none of the private labs surveyed
own Shimadzu GUMS systems (see Table 3). Since
private labs are profit -oriented, they purchase products that
deliver quality goods and services at the best value. That
none of the private labs had this vendor's products cast
some doubt about the quality of goods and services from
this vendor.
5. Perkin Elmer (Clarus500)
a. This instrument is new to the market, released in September
2002, and is not market tested.
b. The Committee requested references using the Clarus500 in
municipal and environmental laboratories. Perkin Elmer
did not provide enough references for this instrument in
these laboratories for the Committee to make a valid
evaluation (see Table 2).
C. Reference ratings were good to excellent. However, most
of the references were using an older model (Turbo mass)
instrument and their applications were not relevant to the
Water Treatment Lab's needs (see Table 2).
d. Perkin Elmer's share of the GUMS market was 13% in
2003, according to the American Laboratory/PittCon
survey (see Table 4), indicating that the Perkin Elmer
GUMS is not a popular instrument. Popularity of a
product reflects on its quality and value.
e. The Committee's survey of randomly selected EPA
certified privately owned environmental laboratories
indicated that Perkin Elmer's GUMS systems are rarely
used (see Table 3). This again reflects the lower quality of
goods and services provided by Perkin Elmer as compared
to other vendors.
6. Thermo Finnigan (TraceDSQ)
a. This instrument is also new to the market, released in June
2002, and is not market tested.
b. The Committee requested references using the TraceDSQ
in municipal and environmental laboratories. Thermo
Finnigan did not provide enough references for this
instrument in these laboratories for the Committee to make
a valid evaluation (see Table 2).
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C. Reference ratings were good to excellent. However, most
of the references were for the older model GUMS and
applications were not relevant to our needs (see Table 2).
Thermo Finnigan systems are mostly used in biological and
pharmaceutical labs. Some references reported that the
software data reduction and custom reporting is so poor
that they have to use a third party's software to perform
these functions.
d. Thermo Finnigan's share of the GUMS market was 13% in
2003, according to the American Laboratory/PittCon
survey (see Table 4), indicating that this vendor's product
is not widely used. Popularity of a product reflects on its
quality and value.
e. The Committee's survey of randomly selected EPA
certified privately owned environmental laboratories
indicated that Thermo Finnigan's GUMS systems are
rarely used (see Table 3). This again reflects the lower
quality of goods and services provided by Thermo Finnigan
as compared to other vendors.
f. The Water Treatment Laboratory currently has a Thermo
Finnigan (formerly Fisons) GC. Staff had difficulty
reducing the instrument's background noise level to the
required operating level because of the poor design of the
inlet system on the GC. Training and installation services
were poor. Staff are also not satisfied with the software
and technical support provided by this vendor.
7. Agilent $156,401.50 (6890N/5973)
a. Agilent provided 13 references using the GUMS system in
their bid (see Table 2). The reference ratings were good to
excellent. None of the references expressed negative
comments or had experienced major problems with this
system.
b. All of the references provided were municipal or
environmental labs performing EPA methods relevant to
the Water Treatment Lab's applications. These labs
included the City of Amarillo, the State of Oklahoma, the
City of Fort Worth, the City of Arlington, the City of Tulsa,
the City of Garland, the City of Okalahoma City, and the
Trinity River Authority laboratories. These laboratories
perform EPA methods on the instruments for drinking
water and wastewater quality analyses. The wide spread
use of Agilent's products indicates quality of its products.
C. Agilent's share of the GUMS market was 49% in 2003
according to the American Laboratory/PittCon survey (see
Table 4), indicating Agilent GUMS popularity. Popularity
of a product reflects on its quality and value.
d. The Committee's survey of randomly selected EPA
certified privately owned environmental laboratories
indicated that Agilent GUMS systems are widely used,
with 45 instruments in use at these laboratories (see Table
3). Private labs are profit -oriented; they purchase products
that deliver quality goods and services at the best value,
and Agilent is the leading product in environmental
laboratories, reflecting the superior quality of goods and
services they provide.
e. The Water Treatment Lab currently has one Gas
Chromatograph and one Gas Chromatograph/Mass
Spectrometer from Agilent Technologies (formerly HP).
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These instruments have been in use for ten years with very
little down time. This vendor has been responsive to
requests for technical support, training, and replacement
parts. The lab has not needed to do major repair on these
instruments. Maintenance costs on these instruments have
been minimal, mainly consisting of replacing consumables.
The software Agilent is currently using is a newer version
of the software on our current instruments. This makes
transitioning to new instrumentation much smoother and
reduces training time, thereby allowing the lab to become
fully operational very quickly.
The Committee concluded that Agilent's bid best meets the goods or
services at best value for the City of Lubbock. This conclusion is based
on the number of references provided from environmental and municipal
labs, the number of these labs using specified methods, the overall
favorable reference ratings, our experience with Agilent products and
services, the low cost to maintain and utilize Agilent products that staff
have experienced, our familiarity with the software and hardware,
Agilent's domination of the GUMS market, and the figures from our
survey that show Agilent's saturation of the market.
FISCAL IMPACT:
A total of $375,000 was appropriated and $374,000 is available in project
number 90275 (Lab Equipment Replacement) for this purpose.
Award bid to Agilent Technologies, Inc. of Wilmington, DE for
$156,401.50, or such alternative action as the City Council may deem
appropriate.
Motion was made by Council Member Hernandez, seconded by Council
Member Patterson to pass Resolution No. 2003-RO355 as recommended
by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Martin was away from the dais.
(71.) Consider one appointment to the Community Development and
Services Board.
Motion was made by Council Member Patterson, seconded by Council
Member Hernandez to appoint Jody Jenkins to the Community
Development and Services Board. Motion carried: 6 Yeas, 0 Nays.
Council Member Martin was away from the dais.
(72.) Consider one appointment to the Community Relations Task Force.
Motion was made by Council Member Patterson, seconded by Council
Member Hernandez to Appoint Andrea Rangel to the Community
Relations Task Force. Motion carried: 6 Yeas, 0 Nays.
Council Member Martin was away from the dais.
(73.) Consider nine appointments to the Lubbock `'Water Advisory
Commission.
Motion was made by Council Member Patterson, seconded by Council
Member Hernandez to appoint John Abernathy, L. E. Anderson, Suzanne
Baker, H. P. (Bo) Brown, Abel Castro, Jim Collins, Jim Conkwright, Mike
Liner and Ron Phillips to the Lubbock Water Advisory Commission.
Motion carried: 6 Yeas, 0 Nays.
Council Member Martin was away from the dais.
(74.) Consider three appointments to the Reese Redevelopment Authority.
Motion was made by Council Member Patterson, seconded by Council
Member Hernandez to appoint John Tye and Dr. M. Roy Wilson to the
Reese Redevelopment Authority. Motion carried: 6 Yeas, 0 Nays.
Council Member Martin was away from the dais.
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Motion was made by Council Member Patterson, seconded by Council
Member Morrison to Appoint Delbert McDougal to the Reese
Redevelopment Authority. Motion carried: 5 Yeas, 0 Nays.
Mayor McDougal recused himself.
Council Member Martin was away from the dais.
(75.) Consider one appointment to the Urban Design/Historic Preservation
Commission.
Motion was made by Council Member Patterson, seconded by Council
Member Hernandez to Appoint Gary Smith to the Urban Design/Historic
Preservation Commission. Motion carried: 6 Yeas, 0 Nays.
Council Member Martin was away from the dais.
(76.) Consider one appointment to the Zoning Board of Adjustment.
Motion was made by Council Member Patterson, seconded by Council
Member Hernandez to Appoint Elizabeth Lonngren to the Zoning Board
of Adjustment. Motion carried: 6 Yeas, 0 Nays.
Council Member Martin was away from the dais.
3:14 P. M. WORK SESSION CONVENES
City Council Chambers
All council members were present except Council Member Martin.
Mayor McDougal called the meeting to order at 3:14 A. M.
(77.) Discussion of the method and funding for sanitary sewer service to a
proposed apartment complex by the Lubbock Housing Authority.
Situation. The Lubbock Housing Authority (LHA) is proposing to
construct a 184-unit apartment complex. The proposed location is a 10.5-
acre tract at the southeast corner of 82°d Street and Avenue U. It is the
first phase of a planned development by the LHA of approximately 66
acres south of 82°d Street between Avenues P and U.
Although sanitary sewer lines are available in Avenue U, they are
insufficient to provide service to the more than the first phase of the
proposed development and future development west of Avenue U.
The Lubbock Housing Authority seeks City funding or financing of the
sewer service to the tract.
Service Options. Options available to provide sanitary sewer service are
as follows:
1. An onsite lift station owned and operated by the Owner/Developer
at the site for an estimated cost of $45,000.
2. Extension of a deep line from 98th Street at an estimated cost of
$281,300 (materials are estimated to cost about $100,000) owned
and maintained by the City of Lubbock.
Funding Options. If an onsite lift station is selected, it is typically the
responsibility of the developer to fund, operate, and maintain the station.
If the site is served by a trunk line from 981h Street, funding options
include the following:
1. Owner/Developer funded.
2. City funded.
3. Combination of Owner/Developer and City funded.
The Owner/Developer typically funds most water and sanitary sewer
projects that involve commercial or residential development within the
City of Lubbock. However, the other two options are also used under
specific circumstances.
Financing Options. Options for financing include:
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Regular City Council Meeting
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Page 227
1. Owner/Developer.
2. City financed.
3. Combination of Owner/Developer and City.
Traditionally, the Owner/Developer of a project arranges for financing
through a private institution. The city finances projects through bond sales
or cash. The City also provides a financing option for single family,
owner occupied residences. Water and sanitary sewer projects can be
financed for up to 36 months at six percent interest. The owner must pay
15 percent of the construction cost up front and make a minimum monthly
payment of $10. To make this option available to others (governmental
entities or commercial developers), it would be necessary to modify the
Pro Rata ordinance.
FISCAL IMPACT:
If the Council decides not to participate in either funding or financing this
project, there is no fiscal impact. If the Council decides to participate in
the funding or financing of this project, then there will be a $281,300
impact on the sewer fund.
Staff recommendations are as follows:
1. Service Options: A sanitary sewer trunk line from 98`h Street that
would provide service to a larger area and have lower annual
operation and maintenance costs.
2. Funding Options: At the Council's direction. If the Council
determines that it is within the City's best interest to fund this
project, then staff recommended funding from existing capital
projects.
3. Financing Options: At the Council's direction. If the Council
determines that it is within the City's best interest to finance this
project, then staff recommended consideration of a modification of
the Pro Rata ordinance.
Max Tarbox, Chairman of the Lubbock Housing Authority Board, gave a
presentation .
Dub Mantooth, a local developer, also spoke.
Oscar Jones, Director, Lubbock Housing Authority, made comments.
Council Member Martin returned to the dais.
Council Member Gilbreath stated this was not `low-income housing' as
reflected in Item 14 - August 6, 2003 Regular City Council Minutes and
therefore these minutes were incorrect.
Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to reconsider Item 14. Motion carried: 5 Yeas, 0 Nays.
Council Members Hernandez and Morrison were away from the dais.
Motion was made by Council Member Patterson, seconded by Council
Member Gilbreath to amend Item 42 of the August 6, 2003 Regular City
Council Minutes to read as follows: "The Lubbock Housing Authority
(LHA) is proposing to construct a 184-unit apartment complex for market
rate development." Motion carried: 5 Yeas, 0 Nays.
Council Members Hernandez and Morrison were away from the dais.
(78.) Presentation regarding the Ports -to -Plains Trade Corridor, by Kevin
Evans, President.
This item was deleted.
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(79.) City Council meeting dates for October, November, and December,
2003 (Mayor and City Council).
Mayor McDougal read the following City Council meeting dates for
October through December:
October
9 - Regular City Council Meeting
22 - Work Session
23 - Regular City Council Meeting
November
5 - Work Session
6 - Regular City Council Meeting
7 - Canvassing of Votes (20-30 Minutes)
20 - Regular City Council Meeting
December
8 - Regular City Council Meeting
17 - Work Session
18 - Regular City Council Meeting
4:17 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
5:15 P. M. CITY COUNCIL REGULAR SESSION RECONVENED
5:15 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pro Tern
Hernandez adjourned the meeting.
Read and approved this2q day of ' , 2005.
ATTEST:
1
'Q 0 zp -.- 'Z -C' - 5-��
Re ecca Garza, City Secretary
228