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Home My WebLink AboutMinutes - City Council - Regular - 11/17/2003CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2003 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 17th day of November, 2003, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:34 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 Torn Martin, Council Member Frank W. Morrison Absent: Council Member T.J. Patterson CITIZEN COMMENTS Three citizens expressed comments to the Council. They were: Stephanie Allison, Broadway Festivals, appeared to invite Council to the 2003 Lights in the Canyon VIP Media Appreciation Party on November 20, 2003. This event will go through December 27, 2003. Vance Scoggin appeared to speak concerning Item 25 (Science Spectrum) on today's agenda. Mikel Ward also spoke concerning Item 25. 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, competitive matters of the public power utility, and to review certified agenda from the prior executive session as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law." 7:46 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. ( L) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Electric Utilities; Planning; Stormwater; Water Utilities; Atmos; Right -of -Way). (2.) 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 (Water Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager) and take appropriate action. (4.) 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 a competitive matter regarding natural gas supply, service and transportation contracts by the City of Lubbock; to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the status, maintenance, repair and/or upkeep of electric generation facilities; Regular City Council Meeting November 17, 2003 Page 516 to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate on a competitive matter regarding marketing and advertising agreements related to retail energy sales of Lubbock Power and Light; to discuss and/or take action on 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, vote and take final action on a competitive matter regarding operation and capital statements and budgets of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the operation, governance, organization, and business plans, options and studies of the City's electric utility, Lubbock Power and Light; and to discuss, deliberate and take final action on a competitive matter regarding plans or contracts related to the acquisition and/or construction of transmission/distribution facilities. (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.103, to review certified agenda from the prior executive session (City Secretary). 9:48 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, Tommy Gonzalez, Interim City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one Mayor McDougal called the meeting to order at 9:48 A. M. (6.) Invocation by Pastor David Eppler, Associate Pastor, City View Christian Fellowship. (7.) 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 Board of Planning and Zoning Commission Receiving: Dr. Jewell Davis (unable to attend) CITIZENS APPEARANCES (8.) Presentation of Special Recognition to the Lubbock Inter -agency Adoption Council to commemorate November 2003 as National Adoption Awareness Month. Each year, November is recognized as National Adoption Awareness Month. While all adoption -related issues are important, the particular focus of this month is the adoption of children currently in foster care. Every child in Lubbock deserves an equal opportunity to be placed in a permanent home, where their emotional, mental, physical, social, educational, and cultural needs will be met. Currently in Lubbock and West Texas, there are 100+ children waiting for adoptive families. All children should expect their needs for safety, security, and stability to be provided for, so that they can bloom and be successful. National Adoption Awareness Month is commemorated each year in Lubbock with a tree planting in the Lubbock Memorial Arboretum. This year's event was held on Thursday, November 13t'. 516 Regular City Council Meeting November 17, 2003 Page 517 Representatives from Lubbock Inter -agency Adoption Council were present to receive this special recognition. (9.) Recognition of Larry Garcia, Print Shop; Hoyt Day, Print Shop; Vicki Key, Civic Center; Freddy Chavez, Civic Center; Joe S. Hays, Silent Wings Museum; Peter Kern, Business and Neighborhood Development; Stuart Walker, Business and Neighborhood Services Unit; and Tom Mann, Lubbock Police Department for providing the citizens of Lubbock with outstanding service. The following individuals are to be commended for providing outstanding service to the citizens of Lubbock: • Larry Garcia from the Print Shop received thanks for his service in providing copies to Water Utilities and continued excellence in his overall service to City departments. • Hoyt Day from the Print Shop received praise from the folks in the Ports -to -Plains office for his help with the printing of one of their projects. • Vicki Key, Freddy Chavez, and the Civic Center staff received accolades from Council Member Boren for their work in bringing the Indoor Football League to the Coliseum. • Joe S. Hays with the Silent Wings Museum was commended by an out-of-town visitor for his assistance and courtesy. Mr. Hays was unable to attend. • Peter Kern and Stuart Walker from the Business and Neighborhood Development Department for their assistance to a citizen with regard to the purple house in Council Member Boren's district. Mr. Walker was unable to attend. • Tom Mann with the Lubbock Police Department for his handling of a junk vehicle situation for a citizen. CONSENT AGENDA (Items No. 11-16, 18, 18A) Motion was made by Council Member Hernandez, seconded by Council Member Morrison to approve Items 11-16, 18, 18A on consent agenda as recommended by staff. Motion carried: 5 Yeas, 0 Nays. (10.) Approval of Minutes: November 5, 2003 Special City Council Meeting November 6, 2003 Regular City Council Meeting November 7, 2003 Special City Council Meeting This item was deleted. (11.) Resolution No. 2003-R0512 authorizing the Right -of -Way Department to make an offer to Harvey Stotts, Jr. and Geraldine Stotts, as Trustees for the Don Carlon Stotts and Geraldine Stotts Revocable Living Trust dated November 13, 1996 for a 30 foot wide permanent storm water line easement and a 100 foot wide working easement in Section 4, Block S, Lubbock County for the South Lubbock Drainage Improvement Project (3202 East Slaton Road, North -South on Guava Avenue between East 82"d Street and US Highway 84). 517 Regular City Council Meeting November 17, 2003 Page 518 RESOLUTION NO.2003-RO512 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional easements for municipal public use and purposes, to -wit: for the South Lubbock Drainage Improvement Project and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of easements as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent storm water line easement and working -r easement to the tract of land further described in Exhibits "A" and "B", attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Harvey Stotts, Jr., and Geraldine Stotts, as Trustee for the Don Carton Stotts and Geraldine Stotts Revocable Living Trust Dated November 13, 1996, BE offered through the Right -of - Way Department of the City of Lubbock the amount of $19,279.00 which is the amount appraised as the value and total damages for the permanent storm water line easement and working easement and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the permanent storm water line easement and working easement. Passed by the City Council this 17th day of November, 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/ Amy Sims for Linda Chamales, Supervising Attorney A copy of the Exhibits "A" and "B" is filed with Resolution No. 2003-R0512. This permanent easement and working easement is needed for the 98`h Street storm water pipeline drainage project. This project runs from 981h and Frankford Avenue eastward to Guava Avenue, then northward to east Loop 289, then east to the Yellow House Canyon. This pipeline will cross five privately owned properties in this area, the second of which is owned by the Stotts family. This property is located between East 82"d Street and U.S. Highway 84 (Slaton Road) along what would be Guava Avenue. This permanent easement is approximately 1,552 feet in length and 30 feet in width and contains 1.066 acres and the working easement is 100 feet in width and contains 3.508 acres. Don Harris M.A.I. appraised these easements. He valued the permanent and working easement at $14,271 and irrigation repairs at $5,008 for a total appraised value of $19,279. This resolution also authorizes the City to institute condemnation proceedings to acquire these easements if our offer is refused. Therefore, our offer to the Stotts family is $19,279. 518 Regular City Council Meeting November 17, 2003 Page 519 FISCAL IMPACT: A cost of $19,279 from the South Lubbock Storm Sewer Project account. The Right -of -Way Department recommended approval of this resolution. (12.) Resolution No. 2003-RO513 authorizing the Right -of -Way Department to make an offer to Lubbock Wrecker Service for a 30 foot wide permanent storm water line easement and a 100 foot wide working easement in Section 4, Block S, Lubbock County for the South Lubbock Drainage Improvement Project (3215 East Slaton Road). RESOLUTION NO. 2003-RO513 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional easements for municipal public use and purposes, to -wit: for the South Lubbock Drainage Improvement Project and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of easements as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent storm water line easement and working easement to the tract of land further described in Exhibits "A" and `B", attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Lubbock Wrecker Service, Inc., BE offered through the Right -of -Way Department of the City of Lubbock the amount of $34,880.00 which is the amount appraised as the value and total damages for the permanent storm water line easement and working easement and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the permanent storm water line easement and working easement. Passed by the City Council this 17th day of November, 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/ Amy Sims for Linda Chamales, Supervising Attorney A copy of the Exhibits "A" and `B" is filed with Resolution No. 2005-R0513. This permanent easement and working easement is needed for the 981' Street storm water pipeline drainage project. This project runs from 981h and Frankford Avenue eastward to Guava Avenue, then northward to east Loop 289, then east to the Yellow House Canyon. This pipeline will cross five privately owned properties in this area, the third of which is owned by the Lubbock Wrecker Service. This property is located north of U.S. 519 Regular City Council Meeting November 17, 2003 Page 520 Highway 84 (Slaton Road) along what would be Guava Avenue. This permanent easement is approximately 952 feet in length and 30 feet in width and contains 0.653 acres and the working easement is 100 feet in width and contains 2.223 acres. Don Harris M.A.I. appraised these easements and he valued the permanent easement and working easement at $9,765 and land damages at $25,115 for a total appraised value of $34,880. This resolution also authorizes the City to institute condemnation proceedings to acquire these easements if our offer is refused. Therefore, our offer to Lubbock Wrecker Service is $34,880. FISCAL IMPACT: A cost of $34,880 from the South Lubbock Storm Sewer Project account. The Right -of -Way Department recommended approval of this resolution. (13.) Resolution No. 2003-RO514 authorizing the Right -of -Way Department to make an offer to Mollie Sylvia Abbott, Individually and as Trustee (or successor Trustee) of the Iris Idell Williams Estate Trust and The Charlie S. Williams Estate Trust for a 30 foot wide permanent storm water line easement and a 100 foot wide working easement in Section 4, Block S, Lubbock County for the South Lubbock Drainage Improvement Project (3301 SE Loop 289). RESOLUTION NO.2003-RO514 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional easements for municipal public use and purposes, to -wit: for the South Lubbock Drainage Improvement Project and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of easements as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent storm water line easement and working easement to the tract of land further described in Exhibits "A" and `B", attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being Mollie Sylvia Abbott, Individually and as Trustee (or successor Trustee) of The Iris Idell Williams Estate Trust and The Charlie S. Williams Estate Trust, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $17,321.00 which is the amount appraised as the value and total damages for the permanent storm water line easement and working easement and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the permanent storm water line easement and working easement. 520 Regular City Council Meeting November 17, 2003 Page 521 Passed by the City Council this 17th day of September, 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/ Amy Sims for Linda Chamales, Supervising Attorney A copy of the Exhibits "A" and `B" is filed with Resolution No. 2003-R0514. This permanent easement and working easement is needed for the 981h Street storm water pipeline drainage project. This project runs from 981h and Frankford Avenue eastward to Guava Avenue, then northward to east Loop 289, then east to the Yellow House Canyon. This pipeline will cross five privately owned properties in this area, the fourth of which is owned by Mollie Sylvia Abbott, individually and as trustee. This property is located between U.S. Highway 84 (Slaton Road) along what would be Guava Avenue and Northeast Loop 289. The permanent easement is approximately 2,334 feet in length and 30 feet in width and contains 1.611 acres and the working easement is 100 feet in width and contains 5.112 acres. Don Harris M.A.I. appraised these easements and he valued the permanent easement and working easement at $7,146 and land damages at $10,175 for a total appraised value of $17,321. This resolution also authorizes the City to institute condemnation proceedings to acquire these easements if our offer is refused. Therefore, our offer to Mollie Sylvia Abbott, Individually and as Trustee, is $17,321. FISCAL IMPACT: A cost of $17,321 from the South Lubbock Storm Sewer Project account. The Right -of -Way Department recommended approval of this resolution. (14.) Resolution No. 2003-RO515 authorizing the Right -of -Way Department to make an offer to John Huffaker for a 30 foot wide permanent storm water line easement and a 100 foot wide working easement in Section 4, Block S, Lubbock County for the South Lubbock Drainage Improvement Project (6602 Southeast Drive). R'rSOLUTION NO.2003-RO515 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional easements for municipal public use and purposes, to -wit: for the South Lubbock Drainage Improvement Project and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of easements as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 521 Regular City Council Meeting November 17, 2003 Page 522 SECTION 1. THAT the permanent storm water line easement and working easement to the tract of land further described in Exhibits "A" and "B", attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being John Huffaker, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $5,798.00 which is the amount appraised as the value and total damages for the permanent storm water line easement and working easement and acquisition of said real estate purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the permanent storm water line easement and working easement. Passed by the City Council this 17th day of November, 2003. /S/ MARC MCDOUGAL Marc McDougal, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of the Exhibits "A" and `B" is filed with Resolution No. 2003-R0515. This permanent easement and working easement is needed for the 98t' Street storm water pipeline drainage project. This project runs from 98'h and Frankford Avenue eastward to Guava Avenue, then northward to east Loop 289, then east to the Yellow House Canyon. This pipeline will cross five privately owned properties in this area, the fifth of which is owned by John Huffaker. His property is located west of Southeast Drive, north of U.S. Highway 84 (Slaton Road), and south of Southeast Loop 289 and this easement crosses his property in a southwest to northeast direction. The permanent easement is approximately 1,340 feet in length and 30 feet in width and contains 0.916 acres and the working easement is 100 feet in width and contains 3.153. Don Harris M.A.I. appraised these easements and he valued the permanent easement and working easement at $3,200 and land damages for irrigation repairs at $2,598 for a total appraised value of $5,798. This resolution also authorizes the City to institute condemnation proceedings to acquire these easements if our offer is refused. Therefore, our offer to John Huffaker is $5,798. FISCAL IMPACT: A cost of $5,798 from the South Lubbock Storm Sewer Project account. The Right -of -Way Department recommended approval of this resolution. (15.) Resolution No. 2003-R0516 accepting Primary Street Maintenance Improvements constructed by Lone Star Dirt & Paving, Inc., under the 2003 Primary Streets Maintenance Program. 522 Regular City Council Meeting November 17, 2003 Page 523 2003 R0516 RESOLUTION NO. - RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract January 9, 2003, authorizing the construction of primary street maintenance improvements by Lone Star Dirt and Paving, Inc., on City streets; and WHEREAS, THE IMPROVEMENTS UPON THE SAID PORTIONS OF THE city streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions to the City streets indicated on the attached list BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $44,260.34. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by the City Council this 17th day of November, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vanidver Donald G. Vanidver, First Assistant City Attorney A copy of the list is filed with Resolution No. 2003-R0516. This item is a routine acceptance of the 2003 Primary Streets Maintenance Program, which consisted of various types of patching, widening, and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $910,320.20. Final contract price is $916,592.89. Construction and patching work for other departments accounted for $48,415.85, which came from their accounts. Final payment due the contractor upon acceptance is $44,260.34. Adequate funds are available for this payment. FISCAL IMPACT: A total of $24,431.10 is available in Seal Coat Program which is Project #90241 and $19,829.24 is available in Paved Streets Operating Budget (#4531) for this payment. The Street Department recommended approval of this resolution. (16.) Resolution No. 2003-R0517 accepting Secondary Street Maintenance Improvements constructed by Lone Star Dirt & Paving, Inc., under the 2003 Secondary Streets Maintenance Program. 523 Regular City Council Meeting November 17, 2003 Page 524 RESOLUTION NO.2003-RO517 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract January 9, 2003, authorizing the construction of residential street maintenance improvements by Lone Star Dirt and Paving, Inc., on City streets; and WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK SECTION 1. THAT the improvements on said portions to the City streets indicated on the attached list BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $30,805.83. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by the City Council this 17th day of November, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver Attorney of Counsel A copy of the list is filed with Resolution No. 2003-R0517. This item is a routine acceptance of the 2003 Secondary Streets Maintenance Program, which consisted of various types of patching, widening, single -course and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $616,758.30. Final contract price is $652,016.06. Various types of patching and seal coat work for other departments accounted for $40,942,10, which came from their accounts. Final payment due the contractor upon acceptance is $30,805.83. Adequate funds are available for this payment. FISCAL IMPACT: A total of $15,769.30 is available in Seal Coat Program which is Project #90241 and $15,036.53 is available in Paved Streets Operating Budget (#4531) for this payment. The Street Department recommended approval of this resolution. 524 Regular City Council Meeting November 17, 2003 Page 525 ast votes for the (17.) Resolution No. 2003-RO520 to cfive nominees on the ballot for the Lubbock Central Appraisal District Directors. This item was moved from consent agenda to regular agenda and was considered following Item 18A. RESOLUTION NO.2003-RO520 WHEREAS, there has been enacted in the State of Texas a Property Tax Code, V.A.C.S., relating to ad valorem taxation of property; and WHEREAS, the Property Tax Code, V.A.C.S., authorized the establishment of appraisal districts to be governed by a Board of Directors; and WHEREAS, the City of Lubbock is a taxing unit within the District entitled to cast votes for the election of persons to the Board of Directors of the District; and WHEREAS, the Chief Appraiser has prepared a ballot of candidates for the Board of Directors and has determined that the City of Lubbock is entitled to cast 1,120 votes in the election of the District's Board of Directors; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK; THAT the 1,120 votes of the City of Lubbock are cast for the candidates for the Lubbock Central Appraisal District Board of Directors as follows: NAME NUMBER OF VOTES Criswell, W.B. 0 Jackson, Arlee 0 Jones, Greg 560 Mackenzie, Scott 560 Montoya, LeRoy 0 THAT a copy of this Resolution BE submitted to the Chief Appraiser before December 15, 2003, in order that the votes of the City of Lubbock may be counted. Passed by the City Council this 17th day of November, 2003. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Rebecca Garza ca RebecGarza, City Secretary APPROVED AS TO FORM: /s/ Richard Casner Richard Casner First Assistant City Attorney A copy of the Exhibit "A" is filed with Resolution No. 2003-R0520. Before December 15, 2003, the City of Lubbock must vote in open meeting, report its vote by written resolution, and submit it to the chief appraiser. The City may cast all its votes for one candidate or may distribute the votes among any number of candidates named on the ballot. Votes may be cast only for those persons that were timely nominated and named on the ballot. Since there are only five nominees, these five will be 525 Regular City Council Meeting November 17, 2003 Page 526 the directors. The Chief Appraiser will count the votes before December 31, 2003 and will officially declare elected the five candidates. Those nominees on the ballot are: • Criswell, W.B. • Jackson, Arlee • Jones, Greg • Mackenzie, Scott • Montoya, LeRoy FISCAL IMPACT: None. Staff recommended approval of this resolution. Motion was made by Council Member Boren, seconded by Council Member Morrison to give Greg Jones and Scott Mackenzie 520 votes each and to pass Resolution No. 2003-R0520. Motion carried: 7 Yeas, 0 Nays. The next items considered were Items 19-22. (18.) Resolution No. 2003-110518BI1) #186-03/RS —for sale of City owned real property located at 1533 East 341h Street, Lubbock, Texas (Right of Way). RESOLUTION NO.2003-RO518 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby awards the ITB # 186-03/RS to Buy the Foot LLC, and authorizes the Mayor of the City of Lubbock to execute for and on behalf of the City of Lubbock all related documents to said ITB. Further, the City Council of the City of Lubbock consents to the assignment of the ITB by Howard Thrash to Buy the Foot LLC. Said ITB and related documents are 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 17th day of November 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/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the ITB and related documents is filed with Resolution No. 2003-R0518. This bid is for the sale of City owned real property located at 1533 East 34th Street, Lubbock, Texas. The legal description is as follows: The West 241.08 feet of Block Eight (8), Carroll's Resubdivision to the City of Lubbock, Lubbock County, Texas, save and except approximately 0.10 acres thereof, heretofore conveyed to the Fort Worth and Denver 526 Regular City Council Meeting November 17, 2003 Page 527 Railway Company for right-of-way, address of 1533 E. 34th street. The City will reserve itself a 30-foot wide utility easement along the east 30-feet of the property, a 30-foot wide utility easement along the northeast 30-feet of the property, and a 30-foot wide utility easement along the north 30-feet of the property to be sold. Property will be sold "as is" without expressed or implied warranties and conveyance will be through a quitclaim deed. Buyer will be responsible for delinquent taxes, liens, and or environmental concerns, if any, due on this property. FISCAL IMPACT: General Fund revenue will be received in the amount of $1,001. This is budgeted as sale of assets. Award sales contract to Buy the Foot, LLC of Lubbock, Texas for $1,001. (18A.) Resolution No. 2003-RO519 and order suspending implementation of Atmos Energy Corporation's proposed rate increase for up to 90 days and ordering a public hearing on the reasonableness of the proposed rate increase and authorizing the Mayor to sign such resolution and order. Rt- RESOLUTION NO. 20 110519 AND ORDER WHEREAS, a Statement of Intent to increase rates within the City of Lubbock effective November 26, 2003, was filed on October 21, 2003, with the City Secretary of the City of Lubbock by Atmos Energy Corporation; and WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of law, is required by law (Section 104.105, Paragraph (b), Utilities Code) to hold a public hearing to inquire into the reasonableness of such proposed gas rate change as a result of such request being a major change as defined by law (Sec. 104.101, Utilities Code); and WHEREAS, the City Council has authority under provisions of law (Section 104.107, Utilities Code) to suspend implementation of such changed rate for up to ninety (90) days pending hearing and decision on such proposed rate change; and WHEREAS, the City Council of the City of Lubbock hereby upon its own motion suspends the implementation of such changed rate for up to 90 days and orders that a public hearing be held to inquire into the reasonableness of such proposed gas rate change; 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, sitting as a regulatory authority under authority of Chapter 104 of the Utilities Code, hereby suspends the effective date of the proposed rate change indicated in the Statement of Intent to increase rates filed with the City Manager by Atmos Energy Corporation, for a period not to exceed ninety (90) days from the date when such rate change would otherwise have been effective in order for the City of Lubbock to study the rate request and determine its necessity; and SECTION 2. THAT since a complaint from an affected person has been received, the City Council of the City of Lubbock, in accordance with mandatory requirements of Section 104.105 of the Utilities Code hereby orders and directs that a public hearing upon said proposed rate change by Atmos Energy Corporation be held in the City Council Chambers of the Lubbock Municipal Building, 1625 13`h Street, at 11:00 A. M. on the 12`h day of February, 2004, to determine the reasonableness of such proposed rate increase. The City Manager of the City of Lubbock is hereby authorized and directed to give Atmos Energy Corporation immediate written notice of the suspension of such rate increase for 90 days and of said hearing by serving a copy of this Resolution and Order upon them at its business office located in the City of Lubbock. 527 Regular City Council Meeting November 17, 2003 Page 528 RESOLVED AND ORDERED by the City Council this 17th day of November, 2003. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Quincy White Quincy White, Assistant City Manager APPROVED AS TO FORM: /s/ Anita E. Burgess Anita Burgess, City Attorney A Statement of Intent to increase rates within the City of Lubbock effective November 26, 2003, was filed on October 21, 2003, with the City Secretary of the City of Lubbock by Atmos Energy Corporation (copy attached). The City Council of the City of Lubbock, sitting as a regulatory authority under provisions of law, is required by law to hold a public hearing in this matter. At such hearing, the City Council shall inquire into the reasonableness of such proposed gas rate change as a result of such request being a major change as defined by law. The City Council has authority to suspend implementation of such changed rate for up to ninety days pending hearing and decision on such proposed rate change. This resolution and order will allow the City Council to suspend the effective date of the proposed rate change indicated in the Statement of Intent, and the City Council, in accordance with Section 104.105 of the Utilities Code hereby orders and directs that a public hearing upon said proposed rate change by Atmos be held in the City Council Chambers on February 12, 2004, at 11:00 a.m. FISCAL IMPACT: None. Staff recommended approval of this resolution.. The next item considered was Item 17. ORDINANCES FOR PASSAGE Second Reading Items 19-22 were considered following Item 17. ORDINANCE #2003-00123: Abandoning and closing a 60-foot wide drainage easement located in Section 25, Block E-2, Lubbock County, Texas (5620 102nd Street) (second and final reading). This item was considered following Item 17. ORDNANCE NO. 2003-00123 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN SECTION 25, 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. 528 Regular City Council Meeting November 17, 2003 Page 529 This ordinance was read for the first time at the November 6, 2003 City Council meeting as a routine consent agenda item. FISCAL IMPACT: None. The Right -of -Way Department recommended approval of the second reading of this ordinance. Motion was made by Council Member Patterson, seconded by Council Member Gilbreath to pass on second and final reading Ordinance No. 2003-00123 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (20.) ORDINANCE #2003-00125: Amending the FY 03-04 Budget (second and final reading). ORDINANCE NO.2003-00125 AN ORDINANCE MAKING CHANGES IN THE FY 2003-04 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. With the closure of several projects in the General Fund at the end of the 02-03 Fiscal Year, $165,514 was available for reallocation. The City Council priorities were identified at the November 6t' City Council Meeting. The specific changes are attached and will be noted in the 2nd reading of the ordinance. Budget Change Request — Information Only This transfer is necessary to cover the City's share of the cost for the 98th Street project — University to Indiana. The funding is scheduled to come from the Streets State & Federal Match project approved by the voters in the 1999 General Obligation Bond election. This leaves a balance of approximately $110,000 in the Streets State & Federal Match project. This 98`h Street — University to Indiana project was initiated in the Capital Projects Budget in 1997 after being approved for federal funding assistance through the MPO and TxDOT. The project was originally estimated at $2 million for design and construction of the roadway. Under this program, the City is responsible for 100% of the Right -of -Way (ROW) costs and any eligible utility relocation/adjustment cost, as well as 20% of the engineering and construction costs. Actual ROW costs for the project exceeded $400,000 and TxDOT's latest estimate for roadway engineering and construction is $4,468,189.10. The City's 20% is $893,637.82. An advanced payment of $40,000 was made to TxDOT in 1998 leaving payment now due for the roadway of $853,637.82. Only $93,000 is available in the project, requiring a transfer of funds into this project of $760,000. ($785,000 was requested in case bids exceed estimates, which would also require additional funds by TxDOT.) The City also requested TxDOT to include the mile of the South Lubbock Storm Sewer in their construction project. The City provided plans and specifications, and will be required to pay 100% of the construction cost of the storm sewer. The construction estimate to be included in the 98t' Street project is in the amount of $1,296,598.17. Funding for this mile of storm sewer has been allocated in the South Lubbock Storm Sewer project. Payment to TxDOT - roadway = $893,637.82 Less advance payment = ( 40,000.00) Plus 100% Storm Sewer = 1,296,598.17 Total payment to TxDOT=$2,150,235.99 This project is on the TxDOT letting list for December, 2003. The total City share is required to be deposited with TxDOT by November 21 S`, by a letter from TxDOT dated October 31". 529 Regular City Council Meeting November 17, 2003 Page 530 There are existing funds in a SW Lubbock project to do the engineering design, prepare plans and specs for the SW Lubbock Water Phase 111 project. These funds will be transferred to a separate project account to provide separate project accounting for Phase III. Debt will need to be issued in December 2004 to fund the construction. FISCAL IMPACT: $165,514 in the General Fund will be reallocated to other projects as identified in council backup. Additionally, $115,486 will be allocated from the Environmental Designation and $20,000 from Seized Drug Funds. There will be no net change to the Streets Capital Projects as the City Council has already authorized the use of the funds. Approximately $110,000 will remain available for other needs in the State & Federal Match Project. There will be no net change to the Water Utilities Capital Projects as the City Council has already authorized the use of the funds. Staff recommended approval of this ordinance. Motion was made by Council Member Gilbreath, seconded by Council Member Patterson to pass on second reading of Ordinance No. 2003-00125 as shown in council backup. Motion carried: 7 Yeas, 0 Nays. (21.) ORDINANCE #2003-00122: Transferring funds from the Hotel -Motel Tax Reserve fund balance in the amount of $175,000 to be designated as funding for the 2004 Buddy Holly Festival and in the amount of $15,000 for the Lubbock Sports Authority (second and final reading). ORDINANCE NO.2003-00122 AN ORDINANCE MAKING CHANGES IN THE FY 2003-04 BUDGET OF THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES. At the October W" Work Session, the Entertainment Lubbock Task Force made a presentation regarding the 2004 Buddy Holly Music Festival. At that time, the task force requested funding of $225,000 from the City of Lubbock to assist in this annual festival. Of this amount, $175,000 has been identified as being funded by Hotel -Motel Tax Reserve Fund Balance and the remaining $50,000 has been requested from Market Lubbock, Inc. The Entertainment Lubbock Task Force strongly believes that the funds need to be committed so that the planning for the 2004 Festival can begin immediately. Staff recommended that the Lubbock Entertainment Task Force oversee the administration of these funds. The Lubbock Sports Authority has been presented with an opportunity to host two events that would have an estimated $600,000 economic impact to the city of Lubbock. The two events are the USSSA Youth World Softball Tournament and a Team Roping event. These two events would bring in approximately 1,950 — 2,250 hotel room nights. The request of $15,000 in additional funding would allow the City to host these events and would have a tremendous economic impact for Lubbock. The approval of the $190,000 will leave approximately $10,000 remaining in the Hotel Motel Tax Reserve Fund Balance through September 2004. FISCAL IMPACT: The Hotel -Motel Tax Reserve Fund Balance will be reduced by $190,000. Staff recommended approval of second reading of this ordinance. Motion was made by Council Member Patterson, seconded by Council Member Boren to pass on second and final reading Ordinance No. Regular City Council Meeting November 17, 2003 Page 531 2003-00122 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Council Member Morrison voted Nay. (22.) ORDINANCE 42003-00124: Amending Section 16-175.2 of the Code of Ordinances of the City of Lubbock, Texas, with regard to the establishment of school zones (second and final reading). ORDINANCE NO. 2003-00124 AN ORDINANCE AMENDING SECTION 16-175.2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SCHOOL ZONES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. In May 2003, two new school zones were added, and in the process staff made an administrative mistake and left out several school zones that had been added by a previous ordinance. This revision corrects the previous mistake and makes several minor adjustments to other existing school zones to make the ordinance consistent with what is on the ground. Staff has field checked this corrected ordinance to make sure staff now have all the school zones in the city included in this ordinance. FISCAL IMPACT: There is no fiscal impact. All equipment was previously installed and is already covered by previously approved funding. No new locations are being added. This is simply to correct some locations that were left out by mistake. The Traffic Engineering and Legal Departments recommended approval of the second reading of this ordinance. Motion was made by Council Member Patterson, seconded by Council Member Boren to pass on second and final reading Ordinance No. 2003-00124 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 26. PUBLIC HEARING 11:02 A. M. Special Items 23-24 were considered following Item 27. (23.) Hold a public hearing for the City Council to consider and approve to levy by ordinance the proposed assessment rate for the North Overton Public Improvement District (PID). Rob Allison, Manager of Business and Neighborhood Development, gave staff comments. Senior Council Member Patterson opened the public hearing at 11:02 a. in. No one appeared on behalf of North Overton Public Improvement District (PID). No one appeared in opposition. Council Member Patterson closed the hearing at 11:03 a. in. After a public hearing, the City Council approved the Creation Resolution establishing the North Overton Public Improvement District at the October 9, 2003 Council meeting. At their October 23, 2003 meeting, the Council approved the method of assessment, directed staff to prepare an estimated assessment role, and called for a public hearing on November 17, 2003 at 11:00 a.m. The purpose of the public hearing is to allow citizens residing in the North Overton PID to speak in favor of or in opposition to the proposed assessment rate pursuant to Chapter 372 of the Texas Local Government Code. The proposed assessment rate is $0.15 per $100 of valuation through year 2010, decreasing to $0.10 per $100 of valuation in year 2011. A notice of public hearing was published in the Avalanche Journal on Tuesday, November 4, 2003 and notices were mailed to the property owners on November 4, 2003, as required by statute. 531 Regular City Council Meeting November 17, 2003 Page 532 FISCAL IMPACT: Not applicable. (24.) Ordinance No. 2003-00126 establishing classifications for apportionment of costs and the methods of assessing public improvements and services in the North Overton Public Improvement District; approving, adopting and filing with the City Secretary the Assessment Roll; closing the hearing and levying assessments for the cost of improvements and services to be provided in the District during 2004 (first reading.) ORDINANCE NO.2003-00126 AN ORDINANCE ESTABLISHING CLASSIFICATIONS FOR THE APPORTIONMENT OF COSTS AND THE METHODS OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND IMPROVEMENTS OF PROPERTY IN THE NORTH OVERTON PUBLIC IMPROVEMENT DISTRICT ("DISTRICT"); APPROVING, ADOPTING AND FILING WITH THE CITY SECRETARY THE ASSESSMENT ROLL; CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN SERVICES AND/OR IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT DURING 2004; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF THE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE. This ordinance to levy assessments is the last activity in the PID establishment process. This item is preceded by a public hearing, which allows property owners in the District to speak in favor of or in opposition to the assessment rate pursuant to Chapter 372 of the Texas Local Government Code. The proposed assessment rate for 2004 is $0.15 per $100 of valuation through year 2010, decreasing to $0.10 per $100,000 of valuation in year 2011. FISCAL IMPACT: The funds raised by the assessment will be used to provide security service, landscape maintenance, and street and pedestrian lighting maintenance on projects completed during this time period. The assessment will start January 1, 2004 and the revenue will be received in February or March 2005. The estimated revenue earned in 2004 will be $21,700. Staff recommended approval of first reading of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass on first reading Ordinance No. 2003-00126 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. Mayor McDougal and Council Member Hernandez recused themselves. Council Member Boren was away from the dais. 11:08 A. M. CITY COUNCIL RECESSED 11:58 A. M. CITY COUNCIL REGULAR MEETING RECONVENED All council members were present. The first item considered was Item 29. ADMINISTRATIVE SERVICES Facilities Management (25.) Resolution No. 2003-R authorizing the Mayor to execute an amendment to the Land Acquisition and Management Agreement, and all related documents, between the City of Lubbock and the Science Spectrum. This item was deleted. 532 Regular City Council Meeting November 17, 2003 Page 533 Health Department (26.) Resolution No. 2003-RO521 authorizing the Mayor to execute an Interlocal Agreement, and any associated documents, for emergency use of Lubbock Independent School District (LISD) facilities in the event mass immunizations or other health treatments shall be necessary. This item was considered following Item 22. RESOLUTION NO.2003-RO521 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement and any associated documents by and between the City of Lubbock and Lubbock Independent School District for emergency use of LISD facilities in the event mass immunizations or other health treatments shall become necessary, a copy of which Agreement 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 17th day of November, 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 Agreement is filed with Resolution No. 2003-R0521. Under a grant from the Texas Department of Health, the Lubbock Health Department is required to plan and prepare for public health emergencies, which may result from natural or man-made causes. During such an emergency, it may be necessary to immunize or treat all or large numbers of people in the area served by the district or department. Prior public health experience with mass immunizations has shown that schools are well suited to this activity because: 1) their location is known to large numbers of individuals within the community; 2) they have large assembly areas; and 3) they have other necessary facilities such as refrigerators and restrooms. The Lubbock Health Department has concluded that LISD possesses facilities that are qualified to serve if mass immunization or treatment is necessary. The entire process was started several months back and was discussed and approved at a Lubbock Board of Health meeting on June 13, 2003. The Lubbock ISD Board of Trustees approved this agreement on October 9, 2003. The agreement will go into effect only if. 1) the Commissioner of Health or the local health authority declare that large scale immunization or treatment is necessary as a control measure for an outbreak of 533 Regular City Council Meeting November 17, 2003 Page 534 communicable disease; and 2) classes at the facility are either not scheduled or canceled. Obligations of the Lubbock Health Department include supplying or arranging for all equipment, vaccine, medicine and personnel necessary to administer the vaccine or medication. Obligations of LISD include allowing for the use of the facility and all utilities normally associated with its use as a school facility. The agreement will be for five years. FISCAL IMPACT: There is no fiscal impact on the general fund budget unless an emergency arises. This program fulfills the Core Mission of Public Health as it relates to essential public health services and emergency preparedness. Therefore, staff recommended approval of the resolution. Motion was made by Council Member Morrison, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO521 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 28. Human Resources This was the first item considered after City Council Regular Meeting reconvened at 10:48 A. M. (27.) Resolution No. 2003-R authorizing the Mayor to execute any and all group health insurance contracts approved by the City Council on October 23, 2003 with ICON Benefit Administrators, HealthSmart Preferred Care II, L.P., Q-Elements, Systemed, and Pan American Life Insurance Company. This item was considered following Item 35. This item was continued. A Request for Proposal (RFP) for the health insurance program and flex administration was distributed in August 2003. A committee of staff members, a retired City employee, and citizens reviewed the responses to the RFP. On October 23, 2003, the Committee presented the results of that process to the City Council. Based on the criteria in the RFP, three proposals, the Blue Cross Blue Shield of Texas Minimum Premium Contract, the Blue Cross Blue Shield of Texas Administrative Services Only Agreement (ASO), and ICON Benefit Administrators, ASO, were given serious consideration. Council was advised of the differences between the Minimum Premium Contract and the ASO contract, and the risks to the City under each contract. Council was advised of the differences between the network discounts provided by Blue Cross and ICON. ICON guaranteed that Covenant Health Systems would provide the City of Lubbock the same discounts as the City now enjoys with Blue Cross. Council expressed two concerns: UMC did not match the Blue Cross discounts, and that the NorthStar Surgery Center is not included in either vendor's network. On a 4 to 2 vote, the Council awarded the contract to ICON Benefit Administrators. Council directed staff to secure a contract with ICON Benefit Administrators and HealthSmart Preferred Care 11, L.P., to assure the same discounts currently given by Blue Cross Blue Shield of Texas will still apply and that such discounts will be applicable to services provided by Covenant Health Systems, University Medical Center, Highland Hospital, NorthStar Surgical Center, and the Heart Hospital. milli Regular City Council Meeting November 17, 2003 Page 535 FISCAL IMPACT: $15,700,000. Staff requested that Council sign contracts to implement the City of Lubbock Group Health plan. Quincy White, Assistant City Manager, gave staff comments: 1) to amend the caption of this resolution, as they would not be looking at Pan American Life Insurance Company. 2) to amend the Systemed contract; 3) to amend the ICON contract, Section 3.12 by eliminating "the claims supervisor will charge a separate fee for its time spent in cooperation with such consultation review and audits." He asked these changes be approved contingent upon the providing of certificates of insurance by the close of business day. Matt Wade, Assistant City Attorney, gave comments about the Systemed contract amendments, some of which included minimum enrollment and the time for billing and payments. Council Member Martin stated he did not feel comfortable voting at this time and asked if there would be a problem with waiting until negotiations are completed before voting. He agreed to a special council meeting. Mayor McDougal suggested that this item be continued until a special meeting to be held November 24, 2003. Council Member Boren recused himself. The next items considered were Items 23-24. Other (28.) Resolution No. 2003-RO522 BID #193-03/RS — for City of Lubbock Animal Shelter Roof Replacement (Animal Services). This item was considered following Item 26. RESOLUTION NO.2003-RO522 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 city of Lubbock Animal Shelter roof replacement, Bid #193-03/RS, by and between the City of Lubbock and Lydick -Hooks Roofing Company 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. 535 Regular City Council Meeting November 17, 2003 Page 536 Passed by the City Council this 17th day of November, 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-R0522. CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 17th day of November, 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 Lydick -Hooks Roofing Company of Lubbock, 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 #193-03/RS - CITY OF LUBBOCK ANIMAL SHELTER ROOF REPLACEMENT - $76,049.00 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. 536 Regular City Council Meeting November 17, 2003 Page 537 CITY OF LUBBOCK, TEXAS (OWNER) By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Harlan D. Stauffer Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney Lydick -Hooks Roofing Company of Lubbock, Inc. By: /s/ Larry Meador PRINTED NAME: Larry Meador TITLE: Vice President COMPLETE ADDRESS: Lydick -Hooks Roofing Company of Lubbock, Inc. PO Box 2605 Lubbock, TX 79408 ATTEST: Rita Watson Corporate Secretary This bid is for the replacement of the existing built-up roofing system on the flat roof portions at the Animal Shelter. The work will involve completely removing all built up roofing system material, evaporative coolers and related mechanical and electrical equipment from the flat roof. A new built up roofing system with tapered insulation will be installed and new roof decking installed in required areas. New heating, ventilating, and air conditioning units and associated equipment will also be installed. Seventy-two local contractors were notified of the Invitation to Bid. Time for completion is 60 days and liquidated damages is $250 per day. FISCAL IMPACT: A total of $91,850 was appropriated and $80,000 is available in project number 90314 (Animal Shelter Re -roof Project) for this purpose. Award bid to Lydick -Hooks Roofing Company of Lubbock, Texas for $76,049. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass Resolution No. 2003-RO522 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next items considered were Item 30-32. (29.) Ordinance No. 2003-00127 enacting provisions to manage and receive compensations for the use of the public right-of-way within the City of Lubbock, Texas by operations of Open Video Systems ("OVS") (first reading). This was the first item considered after City Council reconvened at 11:58 A. M. and after Item 24. ORDINANCE NO.2003-00127 AN ORDINANCE OF THE CITY OF LUBBOCK ENACTING PROVISIONS TO MANAGE AND RECEIVE COMPENSATION FOR THE USE OF THE PUBLIC RIGHTS -OF -WAY WITHIN THE CITY OF LUBBOCK, TEXAS BY OPERATORS OF OPEN VIDEO SYSTEMS. Recently NTS Communications, Inc. requested an Open Video Systems (OVS) franchise with the City of Lubbock (COL). Currently, the COL has a cable regulatory franchise ordinance and a franchise with Cox Cable. However, COL does not have an OVS regulatory franchise ordinance. It is necessary to implement an OVS regulatory ordinance enacting 537 Regular City Council Meeting November 17, 2003 Page 538 provisions to manage and receive compensation for the use of the public right-of-way within the City of Lubbock for OVS before issuing a franchise to NTS. The purposes of this ordinance are as follows: To provide procedures for the granting of nonexclusive franchises for constructing and operating Open Video Systems ("OVS") in the City, and for the transfer and renewal of such franchises; To regulate the erection, construction, reconstruction, installation, maintenance, dismantling, testing, repair and use of OVS in, upon, along, above, over or under or in any manner connected with, the public rights -of -way within the jurisdiction of the City of Lubbock as now or in the future may exist; To provide for the payment of fess and other valuable consideration to the City as compensation for the use of the public right-of-way; To provide conditions under which open video systems will serve present and future needs of the government, public institutions, commercial enterprises, public, and private organizations, and the citizens and general public of the City; and To provide remedies and prescribe penalties and liquidated damages for any violation of this ordinance and/or the terms and conditions of franchises granted. FISCAL IMPACT: The Open Video System shall pay a right-of-way fee on the gross revenues of the operator for the provision of cable service. The revenues will be dependent on individual franchise agreements. Staff recommended approval of first reading of this ordinance. Motion was made by Council Member Martin, seconded by Council Member Boren to pass on first reading Ordinance No. 2002-00127 as recently drafted and revised. Motion carried: 7 Yeas, 0 Nays. 12:00 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION 1:37 P. M. CITY COUNCIL WORK SESSION RECONVENED Committee Room 103 All council members were present except Council Members Martin and Patterson. Council Member Martin arrived at 1: 49 P M. Council Member Patterson arrived at 2:22 P. M. The first item considered was Item 33. PLANNING=' AND TRANSPORTATION Other Items 30-32 were considered following Item 28. (30.) Resolution No. 2003-RO523 authorizing the Mayor to sign the Annual Report of the North Overton Tax Increment Financing Reinvestment Zone, pursuant to the Tax Increment Financing Act, Texas Tax Code Chapter 311. RESOLUTION NO.2003-RO523 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the North Overton Tax Increment Financing Reinvestment Zone Annual Report for October 1, 2002 through September 30, 2003, which will be distributed to the chief executive officer of each taxing unit levying taxes within the North Overton Tax Increment Financing Reinvestment Zone and to the Office of the Texas Attorney General. Said Annual Report 538 Regular City Council Meeting November 17, 2003 Page 539 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 17th day of November, 2003. /S/ T.J. PATTERSON T.J. PATTERSON, SENIOR COUNCIL MEMBER ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Managing Director of Planning And Transportation APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of the Annual Report is filed with Resolution No. 2003-R0523. The Lubbock City Council established the North Overton Tax Increment Financing Reinvestment Zone by ordinance on March 14, 2002. According to the Texas Tax Increment Finance Act Section 311.016, the City must submit an annual report to the chief executive officer of each taxing unit that levies taxes on property within a tax increment finance zone. Therefore, staff has prepared the second annual report of the North Overton Tax Increment Financing Reinvestment Zone's activities. The report must be provided within 90 days of the end of the City's fiscal year and a copy must also be sent to the Office of the Texas Attorney General. The Texas Tax Increment Finance Act specifies that the report must include: • Amount and source of revenue in the tax increment fund established for the zone. • Amount and purpose of expenditures from the fund. • Amount of principal and interest due on outstanding bonded indebtedness. • Tax increment base and current captured appraised value retained by the zone. • Captured appraised value shared by the City and other taxing units. • Total amount of tax increments received. • Any additional information necessary to demonstrate compliance with the tax increment -financing plan adopted by the City. FISCAL IMPACT: No revenue was received in 2003. The North Overton Tax Increment Financing Reinvestment Zone Board of Directors approved this report on October 20, 2003. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Morrison to pass Resolution No. 2003-R0523 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 539 Regular City Council Meeting November 17, 2003 Page 540 Mayor McDougal and Council Member Hernandez recused themselves. PUBLIC WORKS Engineering (31.) Resolution No. 2003-RO524 to Change Order #1 for the Effluent Pipeline Vault Installation at Xcel Jones Station. RESOLUTION NO.2003-RO524 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. 1 to a contract (Bid No. ITB# 125-03/BM) with Brown -McKee, Inc., to cover the expenses incurred by Brown -McKee, Inc., due to accidental flooding at the construction site. A copy of said Change Order No. 1 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 17th day of November, 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/ Richard K. Casner Richard K. Casner First Assistant City Attorney A copy of the Change Order No. 1 is filed with Resolution No. 2003-R0524. The City of Lubbock has a contract with Brown -McKee, Inc. to construct a concrete vault that will house remote actuators for the effluent pipeline located at Xcel's Jones Station Power Plant. The concrete vault will house and protect the actuators and electrical equipment necessary for the operation of the valves that regulate the flow in the effluent pipeline to Xcel's Jones Station and to stream discharge. During the construction of the vault the site was flooded due to runoff water from Xcel's Jones Station. The runoff water normally drains along the surface away from the construction site, however because the landscape has been altered with construction of the effluent pipeline, the runoff was directed into the construction site. The contractor took corrective actions that included dewatering the construction site and cleaning the concrete forms in order to complete the construction. The purpose of the proposed change order is fund the expenses incurred by the contractor. FISCAL IMPACT: The original contract was awarded to the low bidder, Brown -McKee in the amount of $24,999. The proposed Change Order #1 covering the expenses incurred by the contractor when the site was flooded is equal to $1,710.74, or 6.8% of the original contracted price. This amount is available in Project #90127 which has a balance of $24,000. 540 Regular City Council Meeting November 17, 2003 Page 541 Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO524 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (32.) Resolution No. 2003-00525BID #177-03BM — for submersible wastewater pump at Southeast Water Reclamation Plant (Water Engineering). RESOLUTION NO. 2003-RO525 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 a submersible wastewater pump at Southeast Water Reclamation Plant, Bid #177-03BM, by and between the City of Lubbock and BW Environmental of Wichita Falls, 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 17th day of November, 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 17th day of November, 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 BW Environmental, of the City of Wichita Falls, County of Wichita, 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 #177-03BM - SUBMERSIBLE WASTEWATER PUMP AT SOUTHEAST WATER RECLEMATION PLANT - $40,313.00 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. 541 Regular City Council Meeting November 17, 2003 Page 542 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. CITY OF LUBBOCK, TEXAS (OWNER) By: Marc McDougal Mayor ATTEST: /s/ Rebecca Garza APPROVED AS TO CONTENT: /s/ Chester Carthel Owner's Representative APPROVED AS TO FORM: /s/ John M. Knight City Attorney BW Environmental By: /s/ Ted L. Turner PRINTED NAME: Ted L. Turner TITLE: Field Service Manager COMPLETE ADDRESS: BW Environmental 4140 Reilly Road Wichita Falls, TX 76308 ATTEST: Corporate Secretary This bid is for the purchase of a new wastewater submersible pump and motor assembly for the backwash basin at the Southeast Water Reclamation Plant. The pump will provide a pumping capacity of 2,500 gallons per minute and will be driven by a 40 horsepower motor. The contractor will be responsible for providing all labor, equipment, and materials for a fully operational pump. The contractor will also perform the electrical hook-up for the pump and motor assembly. This will include providing and pulling approximately 1,000 feet of electrical wire through existing electrical conduit and tying it into an existing motor control center located in the secondary sludge pump house. The wastewater submersible pump will replace an existing vertical turbine pump that is currently being used. The new pump will provide additional pumping capacity out of the backwater basin and will be less maintenance intensive than the vertical turbine pump. The vertical turbine pump is prone to clogging by plastic bags and grit. The submersible pump is better suited to handle such material and debris. Seventy-three local contractors were notified of this Invitation to Bid. Time for completion is 30 consecutive calendar days and liquidated damages is $500 per day. FISCAL IMPACT: A total of $220,000 was appropriated and $90,863 is available in project number 90283 (Southeast Water Reclamation Plant Improvements FY 02-03) for this purpose. Award bid to BW Environmental of Wichita Falls, Texas for $40,313. Motion was made by Council Member Martin, seconded by Council Member Gilbreath to pass Resolution No. 2003-RO525 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item considered was Item 34. 542 Regular City Council Meeting November 17, 2003 Page 543 10:15 A. M. CITY COUNCIL WORK SESSION CONVENED City Council Chambers All council members were present, except Mayor McDougal and Council Members Boren and Patterson The first item considered in Work Session was Item 34. (33.) Presentation on the assessment and overview of the opinions that Progress Lubbock received from Lubbock citizens during the recent economic sales tax initiative. This was the first item considered after City Council Work Session reconvened at 1:37 P. M. The recent sales tax initiative to fund economic development created public dialogue regarding the Lubbock community, its economy, taxpayer interests, and the overall direction of the City. Progress Lubbock was the political action committee that was formed in support of the sales tax initiative. In light of the passage of the initiative and because Progress Lubbock met with a broad spectrum of Lubbock citizens regarding their interests as taxpayers, the City Council asked David Seim, Chair of Progress Lubbock, to make a presentation that provided an overview of public opinion (both positive and negative) that Progress Lubbock heard during the campaign. FISCAL IMPACT: None. Consider presentation and provide direction as needed. Mr. Seim was unavailable for this presentation. Dan Pope, Assistant Treasurer of the Progress Lubbock Leadership Team Steering Committee, made the presentation, a copy of which was provided in council backup. Mr. Pope introduced Randy Christian, Advertising & PR and Michael Reeves and Eddie McBride, Chamber Staff Support. Mayor McDougal stated that he had asked City Attorney Anita Burgess to start putting together a 4A Corporation, which will be ready to be implemented on October 1, 2004. (34.) Presentation on the Customer Service Request System. This item was considered following Item 32 and the first item considered for Work Session. The Information Technology Department has developed a web -based system to accept and forward citizen requests for city services. Mark Yearwood, Director of Information Technology, gave staff comments. He also commended Nancy Haney, Nancy Neill and Sandy Glass for their help. He also introduced Chris Reed, the lead in the web applications development group, Barry Pitaniello, the project manager for the system and Christian Quintanilla, program analyst. Christopher Reed demonstrated the system for the City Council. FISCAL IMPACT: Not Applicable. The staff recommended implementation. Council Member Martin asked if there was a mechanism to forward to TxDOT, LISD, etc. if the questions were not for the City. Christopher Reed and Mark Yearwood said the process would be similar as if the contract had been made via phone or person. The next item considered was Item 35. 543 Regular City Council Meeting November 17, 2003 Page 544 (35.) Discussion regarding a Facility -Naming Policy to be used by all City of Lubbock departments. This item was considered following Item 34. This action is being taken to establish a consistent policy to be used by all City of Lubbock departments that choose to name a facility. Presently no naming policy exists and the approach used across the multiple departments is extensively varied. Establishment of a Facility -Naming Policy will provide guidance to all City of Lubbock departments, which will result in greater consistency in the naming of facilities. The work session discussion was held to obtain input from Council Members on desired content of the policy. Once input has been received from all appropriate parties, a recommended policy will be prepared and submitted to City Council for approval. FISCAL IMPACT: No direct financial impact will occur from establishment of this policy. Establishment of the policy may possibly produce some related savings as facility naming can be accomplished with precise effort and greater efficiency. Staff recommended that the City Council support establishment of a Facility -Naming Policy similar to the outline proposed in council backup. Harlan Stauffer, Facilities Manager, gave staff comments. He asked if there was a desire for a policy and if so, were there any recommendations that should be included in the initial draft. Mayor McDougal stated "I am not sure we wouldn't be better served to possibly look at having, maybe even making this a larger committee than three or five to place the board chair of a number of our current boards on that committee. That would give it a pretty broad -based section of the city." Council Member Martin agreed with a committee of the board chairs to consider the draft of a policy. 10:47 A. M. WORK SESSION RECESSED 10:48 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers The first item considered when Regular Session reconvened was Item No. 27. (35A.) Discussion regarding Lubbock Power and Light governance. There are essentially three ways you create a separate board to govern Lubbock Power and Light (LP&L) and only one of which requires an election of the public. Each case requires different procedures to establish the board and contain different requirements. 1). Section 1502.070 of the Government Code This provision allows the City Council to establish a board of trustees to run the utility. The board must consist of five members one of which must be the mayor. The Council could establish this board by ordinance. The ordinance must specify the compensation of the trustees (which must not exceed 5% of the gross receipts of the utility system in any year), specify the terms of office of the board, their powers and duties, the manner in exercising those powers and duties, the election of successor trustees, and any matter relating to the organization and duties of the board. Obviously, the ordinance would have to be passed in open session on two council meetings. 544 Regular City Council Meeting November 17, 2003 Page 545 2). Subchapter G, Chapter 402 of the Local Government Code This process differs somewhat from that mentioned above and the duties and obligations differ as well. First, this applies only to an electric utility system. Second, before a home rule municipality elects to have their electric utility system to be managed by a separate board one of the following must be present: (1) the City has outstanding obligations payable and secured by a lien on the net revenue of the electric system; or (2) the City issues obligations that are payable from and secured by a lien on the net revenue of the electric system and such obligations are approved by the attorney general. If these conditions are met, then the City can transfer by ordinance the management and control of the City's electric utility to a board of trustees appointed by the City Council. The ordinance must outline the number and qualifications of the board members, whether the board will have the power to establish rates, exercise the power of eminent domain on property for the utility system, issue obligations (payable solely from the net revenue of the electric system) in the name of the City to acquire or construct an improvement to or extension of the utility system or to repair the system without the prior authorization of the City. 3). City Charter Chapter 40 of the Utility Code also allows the City to establish a board of trustees for the electric utility through the City Charter. However, as you know, any amendment to the Charter can only be adopted by an election. The charter amendment, if passed, would outline the powers and duties of the board. Regardless of which option is taken, if the City Council wants a separate board to have the ability to hire and fire the director of electric utilities, the charter may have to be amended (requiring an election) concerning the duties of the city manager and the responsibilities of the city manager in hiring the employees of the City. FISCAL IMPACT: Not Applicable. This is a discussion matter only. Matt Wade, Assistant City Attorney, made this presentation. Mayor McDougal stated that he felt this would require a charter election. He asked Mr. Wade to check into the electric utility policies of New Braunfels, Brownsville and Weatherford. He also asked that a resolution establishing a task force be presented at the next Council meeting. Council Member Gilbreath suggested that this task force be a five -member committee and let the Mayor use his prerogative to appoint to the committee. 545 Regular City Council Meeting November 17, 2003 Page 546 3:00 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. 546