HomeMy WebLinkAboutMinutes - City Council - Regular - 1/13/2005CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 13, 2005
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 13th
day of January, 2005, in the City Council Chambers, first floor, City Hall,1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:30 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Jim Gilbreath, Council Member Phyllis Jones, Council
Member Floyd Price
Absent: No one
CITIZEN COMMENTS
No one expressed comments to the Council.
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 matters; and competitive matters of
the public power utility as provided by Subchapter D of Chapter 551
of the Government Code, the Open Meetings Law."
7:31 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Cemetery; Fire; Planning and Transportation; Water
Utilities).
(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 (North and East Community Development
Corporation; Overton Park; 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
Attorney; City Manager; City Secretary) 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 electric rates
of Lubbock Power and Light;
to deliberate, vote and take final action on a competitive
matter regarding operation, financial and capital
statements and budgets, revenue and expense
projections, strategic and business plans and studies of
Lubbock Power and Light;
to discuss and deliberate a competitive matter
regarding the strategies, goals, funding and strategic
purpose of the City of Lubbock's relationship with and
membership in the West Texas Municipal Power
Agency.
Regular City Council Meeting
January 13, 2005
Page 2
9:44 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Mayor Pro Tem Tom Martin; Council
Member Gary 0. Boren; Council Member Linda DeLeon; Council
Member Jim Gilbreath; Council Member Phyllis Jones; Council
Member Floyd Price; Lou Fox, City Manager; Anita Burgess, City
Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor McDougal called the meeting to order at 9:44 A. M.
( 5.) Invocation by Pastor Jerry Kaskela, Shepherd King Lutheran
Church.
(6.) 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 APPOINTMENT RECOGNITION
Central Business District TIF
Receiving: Tony Cardinal (unable to attend)
Lubbock Emergency Communications District
Receiving: George Ewing (unable to attend)
CITIZEN APPEARANCES
( 7.) Presentation of a special recognition to the Lubbock Hawks
Professional Women's Basketball Team for their opening season.
Mayor McDougal read a special recognition to the Lubbock Hawks
Professional Women's Basketball Team. Ricky Romero, co-owner and
Darryl Linden were present, representing the team and accepting the
special recognition.
(7A.) Proclamation recognizing Martin Luther King, Jr. Day and the 2005
MLK Celebration Events.
Mayor McDougal read a proclamation recognizing January 14 — 17, 2005
as Martin Luther King, Jr. celebration weekend. Council member Price
and representative of the MLK celebration committee, L.V. Andrews,
joined the Mayor in the center area.
CONSENT AGENDA (Items 8-11,16-20, 22-31, 33-36)
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Jones to approve Items 8-11, 16-20, 22-31, 33-36 on consent
agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(8.) Approval of Minutes: December 7, 2004
Regular City Council Meeting
December 16, 2004
Regular City Council Meeting
(9.) ORDINANCE NO 2004-00152—Amending provisions of certain
ordinances authorizing the issuance of outstanding Electric Light and
Power System Revenue Bonds to allow for a Board of Trustees to
manage and operate the City's Electric Light and Power System; and
resolving other matters incident and related thereto (Finance) (second
and final reading).
2
Regular City Council Meeting
January 13, 2005
Page 3
ORDINANCE NO.2004-00152
AN ORDINANCE AMENDING PROVISIONS OF CERTAIN ORDINANCES
AUTHORIZING THE ISSUANCE OF OUTSTANDING ELECTRIC LIGHT AND
POWER SYSTEM REVENUE BONDS TO ALLOW FOR A BOARD OF TRUSTEES
TO MANAGE AND OPERATE THE CITY'S ELECTRIC LIGHT AND POWER
SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
THERETO.
(10.) ORDINANCE NO. 2004-00151—Amending Sections 2-439 through
2-459 and 6-122(1) of the Lubbock Code of Ordinances establishing a
master electrician on the Building Board of Appeals in lieu of a
journeyman plumber, transferring jurisdiction of the electrical code
appeals process to the Building Board of Appeals, and abolishing the
Board of Electrical Examiners (Building Inspections) (second and final
reading).
ORDINANCE NO. 2004-00151
AN ORDINANCE REPEALING CHAPTER 2, ARTICLE XVII, SECTIONS 2-439
THROUGH 2-459; AMENDING CHAPTER 6, ARTICLE V, SECTION 6-122(1) OF
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY
REDEFINING ALL REFERENCES TO THE BOARD OF ELECTRICAL
EXAMINERS CONTAINED IN THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS TO MEAN AND REFER TO THE BUILDING BOARD OF
APPEALS; PROVIDING AN EFFECTIVE DATE, PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
(11.) Ordinance No. 2005-00001 repealing Ordinance No. 10208 and
amending Chapter 6 of the Code of Ordinances of the City of
Lubbock, Texas, by adding new Sections 6-82, 6-100.1, 6-100.2, and
6-100.3 with regard to the addition of local provisions affecting the
2000 International Plumbing and Residential Codes and relating to
the backflow prevention device testing program conforming to the
requirements of the Texas Commission on Environmental Quality;
providing a savings clause; providing a penalty clause; and providing
for publication (Water Utilities) first reading).
ORDINANCE NO.2005-00001
AN ORDINANCE REPEALING ORDINANCE NUMBER 10208 AND
AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY ADDING NEW SECTIONS 6-82, 6-100.1, 6-100.2 AND
6-100.3, WITH REGARD TO THE ADDITION OF LOCAL PROVISIONS
AFFECTING THE 2000 INTERNATIONAL PLUMBING AND RESIDENTIAL
CODES AND RELATING TO BACKFLOW PREVENTION AND THE
ESTABLISHMENT OF A BACKFLOW PREVENTION DEVICE TESTING
PROGRAM CONFORMING TO THE REQUIREMENTS OF THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR
PUBLICATION.
State law requires that every Texas city develop and implement a
backflow and cross connection program. On October 28, 1999, the City
adopted an ordinance and began implementation of its backflow and cross
connection program. This ordinance repeals the existing backflow
ordinance and replaces the same with an updated backflow prevention
program and incorporates recommendations from a recent Texas
Commission on Environmental Quality inspection.
Changes include updating the plumbing code to reflect the standard
plumbing code currently utilized by the City, clarifying the type of
backflow devices that will be allowed in the City, and revising the
following definitions: "clarity", "responsibilities of the water purveyor",
and "customer". This document also gives clarification and direction to
3
Regular City Council Meeting
January 13, 2005
Page 4
backflow testers regarding state required documentation necessary for the
water purveyor to maintain on file for state inspections.
Water Utilities staff does not anticipate any significant new impacts
resulting from approval of this item.
FISCAL IMPACT:
There are no additional fiscal requirements related to this amendment.
Staff recommended approval of this resolution.
The next item considered was Item 16.
Items 12-15 were moved from consent agenda to regular agenda and
considered following Item 36.
(12.) Resolution NO. 2005-R0021 authorizing the Mayor to execute the
Assignment of Contract, by and between Rick Giardina & Associates,
Inc. and Malcolm Pirnie, Inc., as consented to by the City evidencing
the City's consent of the assignment of the contract dated on or about
February 19, 2004, by and between the City and Rick Giardina &
Associates, Inc., regarding the Water and Sewer Rate Study (Water
Utilities).
RESOLUTION NO.2005-R0021
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 Assignment of Contract
between Rick Giardina & Associates, Inc. and Malcolm Pirnie, Inc., as consented to by
the City of Lubbock, evidencing the City's consent of the assignment of the Contract
dated on or about February 19, 2004, by and between the City of Lubbock and Rick
Giardina & Associates, Inc., regarding the Water and Sewer Rate Study. Said
Assignment of Contract 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 13th day of January 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Sherry Stephens
Sherry Stephens, Water Programs Manager
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Assignment of Contract is filed with Resolution No. 2005-R0021
In order to better serve the needs of their clients, Rick Giardina &
Associates, Inc. has joined the national firm of Malcolm Pirnie, Inc.
All RGA staff has transitioned to Malcolm Pirnie and their offices will
remain in the Denver area. Rick Giardina, former president of RGA, has
become a Malcolm Pirnie Vice President, responsible as National Director
of the firm's Financial Services Practice within the Red Oak Consulting
4
Regular City Council Meeting
January 13, 2005
Page 5
Division. Mr. Giardina will continue to provide the consulting services to
the City for Malcolm Pirnie.
FISCAL IMPACT:
There are no additional fiscal requirements related to this amendment.
Staff recommended approval of this resolution.
Sherry Stephens, Water Programs Manger, and Lee Ann Dumbauld, Chief
Financial Officer, responded to questions.
Motion was made by Council Member Jones, seconded by Council
Member Price to pass Resolution No. 2005-R0021 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(13.) Resolution NO. 2005-R0022 authorizing the Mayor to execute an
amendment to a contract, by and between the City and Malcolm
Pirnie, dated on or about February 19, 2004, amending the scope of
services and associated costs of those services regarding the Water
and Sewer Rate Study (Water Utilities).
RESOLUTION R2005-R0022
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 of Contract,
between the City of Lubbock and Malcolm Pirnie, Inc., amending that certain Contract
dated on or about February 19, 2004, regarding the scope of services and costs associated
with the Water and Sewer Rate Study. Said Amendment of Contract 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 13th day of January 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Sherry Stephens
Sherry Stephens, Water Programs Manager
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Amendment of Contract is filed with Resolution No. 2005-R0022.
The purpose of this amendment is to revise the scope of work to include
updating the recently completed financial plan and rate analysis (the RGA
— study) and to evaluate and recommended a rate structure for use during the
upcoming 2005 irrigation season. The new rates will be designed to obtain
revenues sufficient to support the Utility's five-year financial plan while
encouraging efficient water use or conservation. A scope of work has been
provided describing the tasks involved in this rate update and the project
deliverables. The cost of the rate update will not exceed $26,000; this
includes travel, meals, and all expenses. The rate update will involve three
meetings, one of which will be a formal presentation to the City Council.
Regular City Council Meeting
January 13, 2005
Page 6
Under the existing contract, Red Oak (a division of Malcolm Pimie) will
train up to five City staff on the use of the financial models developed by
RGA for the water and sewer utilities. This training will involve one trip
to Lubbock, tentatively scheduled for January 25 and 26, 2005. Training
will include completely updating the financial models for a new fiscal
year, developing scenarios with different bond issuance sizes and timing,
and modeling different annual rate increases and determining their impact
on the various reserves maintained in each fund. The total costs for the
training will be $5,800 including travel, meals, and all expenses. There is
currently $4,300 remaining in the contract.
FISCAL IMPACT:
The current contract amount is $124,375, of which $4,300 is remaining.
This amendment will increase the contract amount by $1,500 to complete
the training and $26,000 to fund the tasks outlined in the revised scope of
work.
Staff recommended approval of this resolution.
Motion was made by Council Member Jones, seconded by Council
Member Price to pass Resolution No. 2005-R0022 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(14.) Resolution NO. 2005-R0023 authorizing the Mayor to execute an
agreement for engineering services with Black & Veatch, Inc. to
perform preliminary engineering services for improvements to the
Southeast Water Reclamation Plant (Public Works).
RESOLUTION NO.2005-R0023
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 between the
City of Lubbock and Black & Veatch Corporation for Engineering Services, regarding
Water Resources Improvements. 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.
Passed by the City Council this 13th day of January 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Water Planning Engineer
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. 2005-R0023.
This project authorizes Black & Veatch, Inc. to perform preliminary
engineering services for upgrades to the Southeast Water Reclamation
Plant. Work performed under this phase of the agreement will be:
IN
Regular City Council Meeting
January 13, 2005
Page 7
• Establish treatment requirements,
• Determine improvements necessary to meet treatment
requirements,
• Estimate cost of improvements,
• Issue reports on findings, and
• Review results with Water Advisory Commission and City
staff.
Results of this work will be used to determine the actual improvements
necessary and to provide a preliminary design of the proposed
improvements.
FISCAL IMPACT:
The estimated fee for this phase of the work is approximately $300,000.
The source of the funds will be from the Water Fund.
Staff recommended approval of this resolution.
Chester Carthel, Chief Engineer, Water Utilities, gave staff comments
Motion was made by Council Member Jones, seconded by Council
Member Gilbreath to pass Resolution No. 2005-R0023 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
(15.) Resolution NO. 2005-R0024 authorizing the Mayor to execute an
agreement for engineering services with Parkhill, Smith & Cooper,
Inc. for the design of the Pump Station 10 Groundwater Treatment
Plant (Public Works).
RESOLUTION NO.2005-R0024
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 between the
City of Lubbock and Parkhill, Smith & Cooper, Inc. for Professional Services, regarding
Pump Station 10 Water Treatment Plant. 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.
Passed by the City Council this 13th day of January 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Water Planning Engineer
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. 2005-R0024.
This project is the groundwater supply project for Pump Station No. 10 at
82°d Street and Memphis Avenue. Parkhill, Smith & Cooper, Inc., in
7
Regular City Council Meeting
January 13, 2005
Page 8
conjunction with Black & Veatch, Inc. will provide engineering services
to design the Water Treatment Plant to treat groundwater from the area.
Preliminary testing indicates that fluoride levels in the groundwater
exceed drinking water limits.
FISCAL IMPACT:
The estimated fee for this phase of the work is approximately $113,000
with a total engineering fee for the full project of approximately $750,000.
The total estimated project cost is $5,500,000. This project is expected to
produce 5 million gallons per day (mgd) of potable water. This project
will be funded in the Water Fund.
Staff recommended approval of this resolution.
Chester Carthel, Chief Engineer, Water Utilities, gave staff comments.
Motion was made by Council Member Jones, seconded by Council
Member Price to pass Resolution No. 2005-R0021 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 32.
Items 16-20 were considered following Item 11.
(16.) Resolution NO. 2005-R0001 approving the Lubbock Police
Department Forfeited Fund budget for FY 2005 (Police Department).
RESOLUTION NO.2005-R0001
WHEREAS, Article 59.06 of the Texas Code of Criminal Procedure provides for
the disposition of forfeited property seized by law enforcement officers in the
performance of their duties; and
WHEREAS, Article 59.06(d) of such Code provides that proceeds awarded to a
law enforcement agency may be spent by the agency after a detailed budget for the
expenditure of the proceeds has been submitted to the governing body of the municipality
for that agency; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT the Council hereby accepts and approves the budget submitted by the
Lubbock Police Department for the expenditure of proceeds awarded to the Department
in accordance with Article 59.06 of the Texas Code of Criminal Procedure.
Passed by the City Council this 13th day of January, 2005.
/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, Assistant City Attorney
Prior to the expenditure of forfeited funds, the Texas Code of Criminal
Procedure requires a law enforcement agency to submit a budget for these
funds to the governing body.
8
Regular City Council Meeting
January 13, 2005
Page 9
The funds involved are the result of special police investigations in which
the Lubbock Police Department has seized assets during an investigation.
The appropriate Court then awards these assets to the Lubbock Police
Department to be used solely for law enforcement purposes.
Texas Code of Criminal Procedure article 59.06, Section d, reads in part:
A special fund in the municipal treasury is distributed to a municipal law
enforcement agency to be used solely for law enforcement purposes, such
as salaries and overtime pay for officers, officer training, specialized
investigative equipment and supplies, and items used by officers in direct
law enforcement duties.
A commissioners' court or governing body of a municipality may not use
the existence of an award to offset or decrease total salaries, expenses, and
allowances that the agency or the attorney receive from the
commissioners' court or governing body at or after the time the proceeds
are awarded.
The budget for the funds forfeited to the Lubbock Police Department is
outlined in the council backup.
FISCAL IMPACT:
Pursuant to the Texas Criminal Procedure article 59.06, $320,175 has been
received by the City from forfeited funds and seized assets. The usage of
these funds is limited specifically to additional law enforcement activities
and may not be used otherwise to offset existing police expenses. These
funds will be used as needed for Special Investigations ($44,795),
Confidential Information ($54,990), and Treasury and Justice Asset
Management ($220,390), with no additional expense to the General Fund.
The Lubbock Police Department recommended approval of this
resolution.
(17.) Resolution No. 2005-R0002 authorizing the Mayor to execute an
agreement between the City of Lubbock and Cap Rock Telephone
Cooperative, Inc. regarding the granting of an easement over and
across lands owned by the City in Garza County, Texas (Community
Services).
RESOLUTION NO. 2005-R0002
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 between the
City of Lubbock and Cap Rock Telephone Cooperative, Inc. regarding the granting of an
easement over and across lands owned by the City in Garza and Kent Counties, Texas.
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.
Z
Regular City Council Meeting
January 13, 2005
Page 10
Passed by the City Council this 13th day of January 2005.
/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
/s/ Randy Truesdell
Randy Truesdell
Director of Community Services
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. 2005-R0002.
Cap Rock Telephone Cooperative, Inc. has requested an easement
agreement across City of Lubbock owned property in Garza and Kent
Counties. The easement is proposed to be placed along the southern
boundary of the Wildlife Mitigation Area, below the John T. Montford
Dam. The easement will be utilized by Cap Rock Telephone Cooperative
to provide communication services to the east side of Lake Alan Henry.
The easement, on the City of Lubbock property, will be 16.5 feet in width
and 14,421 feet in length. All communication lines will be buried at least
42 inches below the surface. The agreement requires Cap Rock Telephone
to meet the City of Lubbock's insurance requirements.
FISCAL IMPACT:
Cap Rock Telephone Cooperative Inc. will pay, to the City, $8,740 as
surfaces damages in connection with the construction and operation of the
easement.
Staff recommended approval of this resolution.
(18.) Resolution NO. 2005-R0003 authorizing the Mayor to execute
Contract Change No. 09 to a contract with the Texas Department of
State Health Services (DSHS Document No. 7560005906 2005), and
any associated documents, for Immunization Services (Health
Department).
RESOLUTION NO. 2005-R0003
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. 09 to a Contract
with the Texas Department of State Health Services (DSHS Document No. 7560005906
2005) for Immunization Services and any associated documents by and between the City
of Lubbock and the Texas Department of State Health Services, a copy of which Contract
Change No. 09 and associated documents are attached hereto and which shall be spread
10
Regular City Council Meeting
January 13, 2005
Page 11
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 13th day of January, 2005.
/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.09 and associated documents are filed with Resolution
No. 2005-R0003.
Contract Change No. 09 to TDH Document No. 7560005906 2005 (passed
September 28, 2004/Resolution No. 2004-R0454) extends the contract
term and increases the contract amount with eight months of funding in
order to return to the contract term for the State fiscal year. There is no
revision to the number of people served. The contract is increased by an
additional $92,176 to continue services through the end of the contract
term. The total amount of the Immunization contract is now $230,440. The
contract term ends August 31, 2005.
This contract provides full salaries and fringe benefits for a Registered
Nurse, a Licensed Vocational Nurse and a Secretary to run the program.
The City provides an immunization clinic with the fewest 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:
The full contract amount of $230,440 covers salaries and benefits and
there are no contributions to grants or impact to the General Fund.
This program fulfills the Core Missions of Public Health —those of
Surveillance and Disease Prevention. Without the funding from the Texas
Department of State Health Services contract, our local public health
efforts would be greatly impaired and the risk of illness in Lubbock
citizens would increase.
Health Department staff recommended approval of this resolution.
(19.) Resolution No. 2005-R0004 authorizing the Mayor to execute
Contract Change No. 08 to a contract with the Texas Department of
State Health Services (DSHS Document No. 7560005906 2005), and
any associated documents, for Bioterrorism Preparedness (Health
Department).
11
Regular City Council Meeting
January 13, 2005
Page 12
RESOLUTION NO.2005-R0004
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. 08 to a Contract
with the Texas Department of State Health Services (DSHS Document No. 7560005906
2005) for Bioterrorism Preparedness and any associated documents by and between the
City of Lubbock and the Texas Department of State Health Services, a copy of which
Contract Change No. 08 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 13th day of January, 2005.
/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. 08 and associated documents is filed with Resolution
No. 2005-R0004.
This Texas Department of State Health Services (formerly TDH) contract
is a reallocation of funds to reflect actual expenditures and to purchase
equipment. The original contract was approved on October 11, 2004
(Resolution No. 2004-R0482). The total amount of this contract remains
the same at $547,791. The term of this contract remains the same and ends
August 31, 2005.
The total amount of $547,791 covers salaries of $306,003 and fringes of
$123,964 for eight existing full time positions and one new position - nine
total, provides funds for training and travel of $8,000, equipment of
$48,050, supplies of $37,397, contractual funding for a pharmacist of
$4,800, and other funds of $19,577. A copy of the equipment list and the
approved FY 05 Local Public Health Preparedness Work Plan is attached.
This program will assist Lubbock's efforts in developing a Bioterrorism
Preparedness plan that addresses selected focus areas and the required
critical capabilities. The focus areas include preparedness planning and
readiness assessment, surveillance and epidemiology capacity, laboratory
capacity (biologic agents), communication and information
technology/Health Alert Network, communicating health risks and health
information dissemination, and assessment of education and training needs
for the community.
This is the third funding cycle where federal, state, and local governments
have come together with a unified plan to strengthen our public health
system and better prepare for a terrorism attack. These plans provide for
improvement of our health system by providing greater protection and
care for our citizens. The plans being developed across the country will
12
Regular City Council Meeting
January 13, 2005
Page 13
also usher in a new era of cooperation among all levels of government in
protecting the public's health.
Bioterrorism Preparedness is one of the essential public health services
that no other entity in Lubbock can provide. Essential public health
services are population -based and are geared towards protecting the health
of the public as a whole. Bioterrorism Preparedness activities are public
health efforts that are not health services for the needy or other select
groups of people — they serve everyone and benefit the whole population.
Essential public health services, or the lack of them, have the potential to
affect every single person in Lubbock and Texas.
FISCAL IMPACT:
Full salary and benefits are covered under this grant and there are no
contributions to grants in the General Fund for this contract.
This program fulfills the Core Mission of Public Health as it relates to
essential public health services targeting laboratory services, disease
outbreaks, prevention and surveillance. Without funding from the Texas
Department of State Health Services contract, local public health efforts
will be greatly impaired and the risk of illness in Lubbock citizens will
increase.
Health Department staff recommended approval of this resolution.
(20.) Resolution No. 2005-R0005 authorizing the approval of a lease
agreement between the City and Chaparral, Inc. for ground space for
fuel tanks (Airport).
RESOLUTION NO.2005-R0005
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 Fuel Storage Lease
Agreement with Chaparral, Inc. at 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.
Passed by the City Council this 13th day of January, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2005-R0005.
Chaparral Inc. has operated as a Fixed Base Operator on the east side of
the airport since 1986. Chaparral has requested approval to build a fuel
13
Regular City Council Meeting
January 13, 2005
Page 14
farm on the east side of the airport. They currently utilize fuel trucks to
store fuel and to fuel airplanes. The fuel farm is an improvement to their
current fueling operations. The ground lease will be for 1,176 square feet
at the rate of $.1345 per square foot per year.
The new agreement will begin February 1, 2005 and will be for a term of
ten years with one five-year option to renew. The lease will have an
annual rental of $158.17. The lease also includes an annual Consumer
Price Index adjustment.
FISCAL IMPACT:
Annual rental will be increased $158 17
The Airport Board and staff recommended approval of this resolution.
The next items considered were Items 22-31.
(21.) Resolution No. 2005- authorizing the Mayor to execute a Letter
Agreement by and between Lloyd, Gosselink, Blevins, Rochelle &
Townsend, P.C. and the City for legal services regarding the City's
water reuse efforts and additional water issues (Legal).
This item was deleted.
The City is presently working with this law firm on water issues, including
the state reuse authorizations for the Canyon Lakes and North Fork of the
Double Mountain Fork of the Brazos River discharges. The City's prior
agreement with Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C.
was within the authority of the City Manager.
FISCAL IMPACT:
The City will incur legal and administrative expenses in connection with
the obtaining State authorization for indirect effluent water reuse.
City staff recommended approval of this resolution.
(22.) Resolution No. 2005-R0006 authorizing the Mayor to execute an
Agreement by and between Lynn Sherman and the City regarding
legislative assistance for the City during the 791h Legislative Session of
the State of Texas and through December 31, 2005 (Legislative).
RESOLUTION R2005-R0006
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 for
consulting services on legislative issues pertaining to the City's water supplies and
service from January 15, 2005 to December 31, 2005, by and between the City of
Lubbock and Lynn Sherman, 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.
14
Regular City Council Meeting
January 13, 2005
Page 15
Passed by the City Council this 13th day of January, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Dixon Platt
Dixon Platt, Council Chief of Staff
APPROVED AS TO FORM:
/s/ Anita Burgess
Anita Burgess, City Attorney
A copy of the Agreement is filed with Resolution No. 2005-R0006.
With water issues being the established number one priority for the
Council for the upcoming legislative session, it has been determined that
all necessary expertise should be utilized during the session and the year
ahead to insure that the City and its water needs are well represented.
Specific attention to monitoring, analyzing, and drafting of legislation that
impacts the City's initiatives and advisement regarding strategies and
positions that the City might pursue are a priority. Overviews of pertinent
legislative activity will be provided on a weekly or as needed basis.
FISCAL IMPACT:
The fee will be $25,000 plus expenses for services through December 31,
2005. Non -travel expenses should not exceed $500 without authorization
from the City.
Staff recommended approval of this resolution.
(23.) Resolution No. 2005-R0007 authorizing the Mayor to execute for and
on behalf of the City a Loan Agreement, and all related documents,
between the City and Ms. Carol S. Nebb d/b/a Well Body Natural
Foods, Inc. from the Economic Development Funds Program
(Community Development).
RESOLUTION NO.2005-R0007
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 Economic Development
Loan Agreement, by and between the City of Lubbock and Carol S. and Robert N. Nebb,
individual and Carol S. and Robert N. Nebb d/b/a Well Body Natural Foods, Inc. 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.
15
Regular City Council Meeting
January 13, 2005
Page 16
Passed by the City Council this 13th day of January, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney,
Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2005-R0007.
The Economic Development Subcommittee of the Community
Development Services Board (CDSB) met and approved a packet
submitted by Ms. Carol S. Nebb. The Sub -committee approved a loan for
$33,000. Funds will be used to purchase equipment for the business.
The Economic Development Funds Program was established during a
previous allocation of Community Development Block Grant (CDBG)
funds. The purpose of the program is to provide needed capital for area
businesses at a reduced interest rate. By agreeing to the terms of this loan,
the business owner accepts his/her responsibility of retaining or creating
one job for every $35,000 borrowed. In this case, Ms. Nebb will be
required to create one full-time equivalent position. This job must be made
available to persons of low -to -moderate income.
The promissory note was provided in council backup.
FISCAL IMPACT:
There is no fiscal impact on the General Fund involved with the approval
or funding of this Economic Development Fund loan. The source of funds
is the FY 02-03 and FY 03-04 allocations that have already been approved
by City Council. As the loan payments are collected, the funds will be
treated as Program Income and will eventually be allocated to another
CDBG project.
Community Development recommended approval of this resolution.
(24.) Resolution No. 2005-R0008 authorizing the Mayor to execute the
necessary SFY 2005 contract documents and subsequent amendments
with the Texas State Library and Archives Commission to support the
Lubbock Public Library "Loan Star Libraries" Direct Aid Program
(Library).
16
Regular City Council Meeting
January 13, 2005
Page 17
RESOLUTION NO.2005-R0008
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 the necessary SFY 2005
contract documents and subsequent amendments with the Texas State Library and
Archives Commission to support the Lubbock Public Library "Loan Star Libraries"
Direct Aid Program, and all related documents. Said Contract 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 City Council.
Passed by the City Council this 13th day of January, 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jane Clausen
Jane Clausen, Library Director
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight
Assistant City Attorney
The 78`h Texas State Legislature appropriated $2.71 million in each year
of the 2004-2005 biennium for the Loan Star Libraries Program of direct
state aid to Texas public libraries. This grant provides direct grants-in-aid
to public libraries that are members of the Texas State Library System.
Under this program, the Lubbock Public Library will receive $18,044 in
SFY 2005.
The purpose of the Loan Star Libraries direct aid program (13 TAC Sec.
2.160) is to provide incentive for local communities to extend public
library service without charge to those Texans residing outside each
library's local legal service area, to improve library services statewide, and
to improve access to public library resources for all Texans.
Primarily because of geographical factors, the Lubbock Public Library has
never instituted a non-resident fee. Also, it has historically provided
reciprocal borrowing status to anyone living in the 29-county area of the
West Texas Library System. With these provisions already in place, the
Lubbock library is eligible to receive full funding under the Direct Aid
Program.
The Lubbock Public Library will use the Loan Star funds to supplement
the local library support for library materials, in order to support the grant
purpose of equal access for all Texans at the local level. The Library will
purchase audio-visual media for adults and children, including books on
tape and CD, videos, and DVDs. The Library will also fund a part time
Librarian I, at ten hours per week.
FISCAL IMPACT:
A total of $18,044 was appropriated by the Texas State Library for the
purchase of library multimedia materials and for a part time Librarian I.
Personnel costs are $9,147 and $8,897 will be spent on materials.
17
Regular City Council Meeting
January 13, 2005
Page 18
Staff recommended approval of this resolution.
(25.) Resolution No. 2005-R0009 accepting paving improvements
constructed by Allen Butler Construction Company, Inc. in Fountain
Hills Addition, Lots 1-46 (Street/Drainage Engineering).
RESOLUTION NO 2005-R0009
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 1-46, Fountain
Hills Addition, made arrangements with Allen Butler 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:
110th Street from the alley West of Genoa Avenue to the West lip line of
Frankford Avenue, known and designated as New Subdivision Subunit
Number 47 of Unit Number 2043.
Genoa Avenue from the South lip line of I I0th Street to the cul-de-sac
South of 110th Street, known and designated as New Subdivision Subunit
Number 48 of Unit Number 2043.
Gardner Avenue from the South lip line of 110th Street to 380 feet South
of the South lip line of II0th Street, known and designated as New
Subdivision Subunit Number 49 of Unit Number 2043.
The W'/2 of Frankford Avenue from 7.00 feet North of the North property
line of the alley North of 110th Street to 7.00 feet South of the South
property line of the alley South of 110th Street (curb and gutter and asphalt
ties), known and designated as New Subdivision Subunit Number 50 of
Unit Number 2043.
The East-West alley North of 110th Street from Frankford Avenue to the
West property line of lot 17, known and designated as Subunit Number 97
of Unit Number A-462.
The North -South alley West of Frankford Avenue from 110th Street North
to East-West alley North of 110th Street, known and designated as Subunit
Number 98 of Unit Number A-462.
The North -South alley West of Genoa Avenue from 110th Street South to
East-West alley South of 110th Street, known and designated as Subunit
Number 99 of Unit Number A-462.
The East-West alley South of 110`h Street from the North -South alley
West of Genoa Avenue to the North -South alley East of Genoa Avenue,
known and designated as Subunit Number 00 of Unit Number A-463.
The North -South alley East of Genoa Avenue from 110th Street to the
East-West alley South of 110th Street, known and designated as Subunit
Number 01 of Unit Number A-463.
The North -South alley East of Gardner Avenue from 110th Street to the
South property line of lot 33, known and designated as Subunit Number
02 of Unit Number A-463.
The East-West alley South of 110th Street from the North -South alley East
of Gardner Avenue to Frankford Avenue, known and designated as
Subunit Number 03 of Unit Number A-463.
18
Regular City Council Meeting
January 13, 2005
Page 19
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.
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 13th day of January, 2005.
/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 constructed at the
time of platting this new subdivision. These improvements consist of
street and alley paving and curb and gutter on:
110`h Street from the alley west of Genoa Avenue to the west lip -line of
Frankford Avenue, known and designated as New Subdivision Subunit
Number 47 of Unit Number 2043.
Genoa Avenue from the south lip -line of 110`h Street to the cul-de-sac
south of 110`h Street, known and designated as New Subdivision Subunit
Number 48 of Unit Number 2043.
Gardner Avenue from the south lip -line of 110`h Street to 380 feet south of
the south lip -line of 110th Street, known and designated as New
Subdivision Subunit Number 49 of Unit Number 2043.
The west half of Frankford Avenue from seven feet north of the north
property line of the alley north of 110t' Street to seven feet south of the
south property line of the alley south of 110`h Street (curb and gutter and
asphalt ties), known and designated as New Subdivision Subunit Number
50 of Unit Number 2043.
The east -west alley north of 110`h Street from Frankford Avenue to the
west property line of Lot 17, known and designated as Subunit Number 97
of Unit Number A-462.
The north -south alley west of Frankford Avenue from 110th Street north to
the east -west alley north of 110`h Street, known and designated as Subunit
Number 98 of Unit Number A-462.
19
Regular City Council Meeting
January 13, 2005
Page 20
The north -south alley west of Genoa Avenue from I I0`h Street south to the
east -west alley south of 110`h Street, known and designated as Subunit
Number 99 of Unit Number A-462.
The east -west alley south of 110`h Street from the north -south alley west of
Genoa Avenue to the north -south alley east of Genoa Avenue, known and
designated as Subunit Number 00 of Subunit A-463.
The north -south alley east of Genoa Avenue from I I0`h Street to the
east -west alley south of 110`h Street, known and designated as Subunit
Number 01 of Unit Number A-463.
The north -south alley east of Gardner Avenue from 110`h Street to the
south property line of Lot 33, known and designated as Subunit Number
02 of Unit Number A-463.
The east -west alley south of 110`h Street from the north -south alley east of
Gardner Avenue to Frankford Avenue, known and designated as Subunit
Number 03 of Unit Number A-463.
FISCAL IMPACT:
There are no City funds due to the contractor upon acceptance.
Staff recommended approval of this resolution.
(26.) Resolution No. 2005-R0010 accepting paving improvements
constructed by Allen Butler Construction Company, Inc. in
Lakewood Estates Addition, Lots 1-148 (StreedDrainage Engineering).
RESOLUTION NO.2005-R0010
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 1-148, Lakewood
Estates Addition, made arrangements with Allen Butler 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:
The East half of Juneau Avenue from the South lip line of 98`h Street to
the South end of alley return South of 100`h Street, known and designated
as New Subdivision Subunit Number 89 of Unit Number 2044.
The West half of Fulton Avenue from the South lip line of 98`h Street to
the South end of alley return South of 100`h Street, known and designated
as New Subdivision Subunit Number 90 of Unit Number 2044.
100`h Street from the East lip line of Juneau Avenue to the West lip line of
Fulton Avenue, known and designated as New Subdivision Subunit
Number 91 of Unit Number 2044.
Ironton Avenue from the North lip line of 100`h Street to North end of
cul-de-sac North of 100`h Street, known and designated as New
Subdivision Subunit Number 92 of Unit Number 2044.
Iola Avenue from the South lip line of 98`h Street to the North lip line of
100`h Street, known and designated as New Subdivision Subunit Number
93 of Unit Number 2044.
Iola Avenue from the South lip line of 100`h Street to the South end of
alley return South of 1001h Street, known and designated as New
Subdivision Subunit Number 94 of Unit Number 2044.
20
Regular City Council Meeting
January 13, 2005
Page 21
Huron Avenue from the North lip line of 100`h Street to North end of
cul-de-sac North of 100`h Street, known and designated as New
Subdivision Subunit Number 95 of Unit Number 2044.
Hope Avenue from the South lip line of 981h Street to the North lip line of
100`h Street, known and designated as New Subdivision Subunit Number
96 of Unit Number 2044.
99`h Street from the East lip line of Hope Avenue to the East end of alley
return East of Grover Avenue, known and designated as New Subdivision
Subunit Number 97 of Unit Number 2044.
Genoa Avenue from the East end of alley return East of Grover Avenue to
North end of cul-de-sac of Genoa Avenue North of 99`h Street, known and
designated as New Subdivision Subunit Number 98 of Unit Number 2044.
Homestead Avenue from the North lip line of 99th Street to the North end
of cul-de-sac North of 99`h Street, known and designated as New
Subdivision Subunit Number 99 of Unit Number 2044.
Grover Avenue from the South lip line of 98`h Street to the North lip line
of 99`h Street, known and designated as New Subdivision Subunit Number
00 of Unit Number 2045.
Homestead Avenue from the South lip line of 100`h Street to the South plat
limits at lots 125 and 126, known and designated as New Subdivision
Subunit Number 01 of Unit Number 2045.
101 S` Street from the East lip line of Homestead Avenue to the East plat
limits at lot 134, known and designated as New Subdivision Subunit
Number 02 of Unit Number 2045.
101't Street from the West lip line of Homestead Avenue to West end of
alley return West of Homestead Avenue, known and designated as New
Subdivision Subunit Number 03 of Unit Number 2045.
100`h Street from the East lip line of Fulton Avenue to the West edge of
pavement of Frankford Avenue, known and designated as New
Subdivision Subunit Number 04 of Unit Number 2045.
The East-West alley South of 100`h Street from Iola Avenue to Homestead
Avenue, known and designated as Subunit Number 83 of Unit Number
A-463.
The North -South alley West of Homestead Avenue from 10151 Street to
East-West alley North of 101 S` Street, known and designated as Subunit
Number 84 of Unit Number A-463.
The North -South alley West of Homestead Avenue from 101 S` Street to
East-West alley South of 101 S` Place, known and designated as Subunit
Number 85 of Unit Number A-463.
The East-West alley South of 100`h Street from Homestead Avenue to
Fulton Avenue, known and designated as Subunit Number 89 of Unit
Number A-463.
The East-West alley South of 101" Street from Homestead Avenue to the
East property line of lot 133 East of Homestead Avenue, known and
designated as Subunit Number 90 of Unit Number A-463.
The North -South alley East of Homestead Avenue from the East-West
alley South of 101 S` Street to the South property line of lot 126, known and
designated as Subunit Number 91 of Unit Number A-463.
21
Regular City Council Meeting
January 13, 2005
Page 22
The North -South alley West of Genoa Avenue from 99`h Street North to
30 feet North of the South property line of lot 4, known and designated as
Subunit Number 92 of Unit Number A-463.
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.
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 13th day of January, 2005.
/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 constructed at the
time of platting this new subdivision. These improvements consist of
street and alley paving and curb and gutter on:
The east half of Juneau Avenue from the south lip -line of 98`h Street to the
south end of the alley return south of 100`h Street, known and designated
as New Subdivision Subunit Number 89 of Unit Number 2044.
The west half of Fulton Avenue from the south lip -line of 98`h Street to the
south end of the alley return south of 100`h Street, known and designated
as New Subdivision Subunit Number 90 of Unit Number 2044.
100`h Street from the east lip -line of Juneau Avenue to the west lip -line of
Fulton Avenue, known and designated as New Subdivision Subunit
Number 91 of Unit Number 2044.
Ironton Avenue from the north lip -line of 100`h Street to the north end of
the cul-de-sac north of 100`h Street, known and designated as New
Subdivision Subunit Number 92 of Unit Number 2044.
Iola Avenue from the south lip -line of 98`h Street to the north lip -line of
100`h Street, known and designated as New Subdivision Subunit Number
93 of Unit Number 2044.
22
Regular City Council Meeting
January 13, 2005
Page 23
Iola Avenue from the south lip -line of 100th Street to the south end of the
alley return south of 100`h Street, known and designated as New
Subdivision Subunit Number 94 of Unit 2044.
Huron Avenue from the north lip -line of 100`h Street to the north end of
the cul-de-sac north of 1000' Street, known and designated as New
Subdivision Subunit 95 of Unit 2044.
Hope Avenue from the south lip -line of 98`h Street to the north lip -line of
100th Street, known and designated as New Subdivision Subunit Number
96 of Unit Number 2044.
99`h Street from the east lip -line of Hope Avenue to the east end of the
alley return east of Grover Avenue, known and designated as New
Subdivision Subunit Number 97 of Unit Number 2044.
Genoa Avenue from the east end of the alley return east of Grover Avenue
to the north end of the cul-de-sac of Genoa Avenue north of 99th Street,
known and designated as New Subdivision Subunit Number 98 of Unit
Number 2044.
Homestead Avenue from the north lip -line of 99`h Street to the north end
of the cul-de-sac north of 99`h Street, known and designated as New
Subdivision Subunit Number 99 of Unit Number 2044.
Grover Avenue from the south lip -line of 98`h Street to the north lip -line of
991h Street, known and designated as New Subdivision Subunit Number 00
of Unit Number 2045.
Homestead Avenue from the south lip -line of 100th Street to the south plat
limits at lots 125 and 126, known and designated as New Subdivision
Subunit Number 01 of Unit Number 2045.
101 st Street from the east lip -line of Homestead Avenue to the east plat
limits at Lot 134, known and designated as New Subdivision Subunit
Number 02 of Unit Number 2045.
-- 101 st Street from the west lip -line of Homestead Avenue to the west end of
the alley return west of Homestead Avenue, known and designated as New
Subdivision Subunit Number 03 of Unit Number 2045.
100`h Street from the east lip -line of Fulton Avenue to the west edge of
pavement of Frankford Avenue, known and designated as New
Subdivision Subunit Number 04 of Unit Number 2045.
The east -west alley south of 100th Street from Iola Avenue to Homestead
Avenue, known and designated as Subunit Number 83 of Unit Number
A-463.
The north -south alley west of Homestead Avenue from 101 st Street to the
east -west alley north of 101 s` Street, known and designated as Subunit
Number 84 of Unit Number A-463.
The north -south alley west of Homestead Avenue from 101 st Street to the
east -west alley south of 101 st Place, known and designated as Subunit
Number 85 of Unit Number A-463.
The east -west alley south of 100th Street from Homestead Avenue to
Fulton Avenue, known and designated as Subunit Number 89 of Unit
Number A-463.
The east -west alley south of 101 st Street from Homestead Avenue to the
east property line of lot 133 east of Homestead Avenue, known and
designated as Subunit Number 90 of Unit Number A-463.
The north -south alley east of Homestead Avenue from the east -west alley
south of 101" Street to the south property line of Lot 126, known and
designated as Subunit Number 91 of Unit Number A-463.
23
Regular City Council Meeting
January 13, 2005
Page 24
The north -south alley west of Genoa Avenue from 99th Street north to 30
feet north of the south property line of Lot 4, known and designated as
Subunit Number 92 of Unit Number A-463.
FISCAL IMPACT:
There are no City funds due to the contractor upon acceptance.
Staff recommended approval of this resolution.
(27.) Resolution No. 2005-R0011 accepting paving improvements
constructed by Allen Butler Construction Company, Inc. in
Lakewood Villas Addition, Lots 1-43 (Street/Drainage Engineering).
RESOLUTION NO. 2005-R0011
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 1-43, Lakewood
Villas Addition, made arrangements with Allen Butler 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:
101" Street from the West alley return West of Homestead Avenue to the
East end of the elbow cul-de-sac at Huron Avenue, known and designated
as New Subdivision Subunit Number 05 of Unit Number 2045.
Huron Avenue from the East end of elbow cul-de-sac at 101" Street to the
East end of elbow cul-de-sac at 101 st Place, known and designated as New
Subdivision Subunit Number 06 of Unit Number 2045.
101" Place from the East end of elbow cul-de-sac at Huron Avenue to the
West end of cul-de-sac at Hope Avenue, known and designated as New
Subdivision Subunit Number 07 of Unit Number 2045.
Hope Avenue from the south lip line of 141 st Street to the West end of
elbow cul-de-sac at 101s' Place, known and designated as New
Subdivision Subunit Number 08 of Unit Number 2045.
The North -South alley West of Huron Avenue from the alley South of
100'h Street to the alley South of 101 st Place, known and designated as
Subunit Number 86 of Unit Number A-463.
The East-West alley South of 101" Place from the North -South alley West
of Huron Avenue to the North -South alley East of Hope Avenue, known
and designated as Subunit Number 87 of Unit Number A-463.
The North -South alley West of Hope Avenue from 101" Street to 101st
Place, known and designated as Subunit Number 88 of Unit Number
A-463.
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.
24
Regular City Council Meeting
January 13, 2005
Page 25
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 13th day of January, 2005.
/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 constructed at the
time of platting this new subdivision. These improvements consist of
street and alley paving and curb and gutter on:
101" Street from the west alley return west of Homestead Avenue to the
east end of the elbow cul-de-sac at Huron Avenue, known and designated
as New Subdivision Subunit Number 05 of Unit Number 2045.
Huron Avenue from the east end of the elbow cul-de-sac at 101 st Street to
the east end of the elbow cul-de-sac at 101" Place, known and designated
as New Subdivision Subunit Number 06 of Unit Number 2045.
101s' Place from the east end of the elbow cul-de-sac at Huron Avenue to
the west end of the cul-de-sac at Hope Avenue, known and designated as
New Subdivision Subunit Number 07 of Unit Number 2045.
Hope Avenue from the south lip -line of 101" Street to the west end of the
elbow cul-de-sac at 101 st Place, known and designated as New
Subdivision Subunit Number 08 of Unit Number 2045.
The north -south alley west of Huron Avenue from the alley south of 1001h
Street to the alley south of 101" Place, known and designated as Subunit
Number 86 of Unit Number A-463.
The east -west alley south of 101" Place from the north -south alley west of
Huron Avenue to the north -south alley east of Hope Avenue, known and
designated as Subunit Number 87 of Unit Number A-463.
The north -south alley west of Hope Avenue from 101" Street to 101st
Place, known and designated as Subunit Number 88 of Unit Number
A-463.
FISCAL IMPACT:
There are no City funds due to the contractor upon acceptance.
Staff recommended approval of this resolution.
(28.) Resolution No. 2005-R0012 accepting paving improvements
constructed by Allen Butler Construction Company, Inc. in
Ravenwood Estates Addition, Lots 1-63 (StreedDrainage Engineering).
25
Regular City Council Meeting
January 13, 2005
Page 26
RESOLUTION NO.2005-R0012
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 1-63, Ravenwood
Addition, made arrangements with Allen Butler 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:
100'h Street from the cul-de-sac West of Nashville Avenue to the West lip
line of Nashville Avenue, known and designated as New Subdivision
Subunit Number 11 of Unit Number 2045.
100 Street from the East lip line of Nashville Avenue to the West lip line
of Miami Avenue, known and designated as New Subdivision Subunit
Number 12 of Unit Number 2045.
100th Place from the cul-de-sac West of Norfolk Avenue to the cul-de-sac
West of Miami Avenue, known and designated as New Subdivision
Subunit Number 13 of Unit Number 2045.
99'' Street from the cul-de-sac West of Nashville Avenue to the North end
of the radius of the alley return North of I OO h Street, known and
designated as New Subdivision Subunit Number 14 of Unit Number 2045.
Nashville Avenue from the North end of radius of the alley return North of
100`t' Street to the North lip line of 100`h Place, known and designated as
New Subdivision Subunit Number 15 of Unit Number 2045.
Norfolk Avenue from the South lip line of 100L' Place to the South end of
radius of the alley South of 100` Place, known and designated as New
Subdivision Subunit Number 16 of Unit Number 2045.
The West half of Miami Avenue from the South lip line of 98`h Street to
the North lip line of 10151 Street, known and designated as New
Subdivision Subunit Number 17 of Unit Number 2045.
The East-West alley South of 100`h Place from Miami Avenue to Norfolk
Avenue, known and designated as Subunit Number 93 of Unit Number
A-463.
The East -west alley South of 100'' Place from Norfolk Avenue to the
North -South alley West of Norfolk Avenue, known and designated as
Subunit Number 94 of Unit Number A-463.
The East-West alley North of 100`h Place from Miami Avenue to
Nashville Avenue, known and designated as Subunit Number 95 of Unit
Number A-463.
The East-West alley North of 100`h Place from Nashville Avenue to the
North -South alley West of Nashville Avenue, known and designated as
Subunit Number 96 of Unit Number A-463.
The East-West alley North of 100`h Street from Miami Avenue to
Nashville Avenue, known and designated as Subunit Number 97 of Unit
Number A-463.
The East-West alley North of 100`h Street from Nashville Avenue to the
North -South alley West of Nashville Avenue, known and designated as
Subunit Number 98 of Unit Number A-463.
26
Regular City Council Meeting
January 13, 2005
Page 27
The North -South alley West of Nashville Avenue from the East-West
alley South of 100`h Street to the East-West alley North of 99`h Street,
known and designated as Subunit Number 99 of Unit Number A-463.
The East-West alley North of 991h Street from the North -South alley West
of Nashville Avenue to the East-West alley North of 100`h Street and East
of Nashville Avenue, known and designated as Subunit Number 100 of
Unit Number A-463.
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.
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 13th day of January, 2005.
/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 constructed at the
time of platting this new subdivision. These improvements consist of
street and alley paving and curb and gutter on:
100th Street from the cul-de-sac west of Nashville Avenue to the west
lip -line of Nashville Avenue, known and designated as New Subdivision
Subunit Number 11 of Unit Number 2045.
1001h Street from the east lip -line of Nashville Avenue to the west lip -line
of Miami Avenue, known and designated as New Subdivision Subunit
Number 12 of Unit Number 2045.
1001h Place from the cul-de-sac west of Norfolk Avenue to the cul-de-sac
west of Miami Avenue, known and designated as New Subdivision
Subunit Number 13 of Unit Number 2045.
99`h Street from the cul-de-sac west of Nashville Avenue to the north end
of the radius of the alley return north of 100'h Street, known and
designated as New Subdivision Subunit Number 14 of Unit Number 2045.
27
Regular City Council Meeting
January 13, 2005
Page 28
Nashville Avenue from the north end of radius of the alley return north of
1001h Street to the north lip -line of 100`h Place, known and designated as
New Subdivision Subunit Number 15 of Unit Number 2045.
Norfolk Avenue from the south 1i -line of 100`h Place to the south end of
radius of the alley south of 100 Place, known and designated as New
Subdivision Subunit Number 16 of Unit Number 2045.
The west half of Miami Avenue from the south lip -line of 98`h Street to the
north lip -line of 101" Street, known and designated as New Subdivision
Subunit Number 17 of Unit Number 2045.
The east -west alley south of 100`h Place from Miami Avenue to Norfolk
Avenue, known and designated as Subunit Number 93 of Unit Number
A-463.
The east -west alley south of 100`h Place from Norfolk Avenue to the
north -south alley west of Norfolk Avenue, known and designated as
Subunit Number 94 of Unit Number A-463.
The east -west alley north of 100`h Place from Miami Avenue to Nashville
Avenue, known and designated as Subunit Number 95 of Unit Number
A-463.
The east -west alley north of 100`h Place from Nashville Avenue to the
north -south alley west of Nashville Avenue, known and designated as
Subunit Number 96 of Unit Number A-463.
The east -west alley north of 100`h Street from Miami Avenue north to
Nashville Avenue, known and designated as Subunit Number 97 of Unit
Number A-463.
The east -west alley north of 100`h Street from Nashville Avenue to the
north -south alley west of Nashville Avenue, known and designated as
Subunit Number 98 of Unit Number A-463.
The north -south alley west of Nashville Avenue from the east -west alley
south of 100`h Street to the east -west alley north of 99`h Street, known and
designated as Subunit Number 99 of Unit Number A-463.
The east -west alley north of 99`h Street from the north -south alley west of
Nashville Avenue to the east -west alley north of 100`h Street and east of
Nashville Avenue, known and designated as Subunit Number 100 of Unit
Number A-463.
FISCAL IMPACT:
There are no City funds due to the contractor upon acceptance.
Staff recommended approval of this resolution.
(29.) Resolution No. 2005-R0013 authorizing the Mayor to execute a
quitclaim deed to G. W. Raines for a portion of 6ch Street (915 6'h
Street) (Right -of -Way).
RESOLUTION NO.2005-R0013
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 Quitclaim Deed in favor
of W. B. Raines, and related documents. Said Deed 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.
28
Regular City Council Meeting
January 13, 2005
Page 29
Passed by the City Council this 13th day of January, 2005.
/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
Senior Attorney/Office Practice
A copy of the Deed is filed with Resolution No. 2005-R0013
In January 1994, City Council passed Ordinance #9646 which closed a
portion of 6`h Street just east of Texas Avenue for the Raines family. The
area that was closed also contained a portion of Lots 8, 9, and 10 of Block
24, Original Town Addition, all of which was built into a cul-de-sac street
in the early 1970s. The street area was no longer needed and the property
owner requested that it be closed for his building expansion. The
ordinance was approved and the 12,022.50 square foot street area was sold
to the property owner who replatted the property. Typically the City files
the approved ordinance in the courthouse deed records and it conveys the
property to the landowner. In this case, a title company has requested that
the City file a quitclaim deed to go along with this ordinance closure since
the Raines family is now selling the property.
FISCAL IMPACT:
None.
The Right -of -Way Department recommended approval of this resolution.
(30.) Resolution No. 2005-R0014 approving and authorizing publication of
"Notice of Intention to Issue" and "Notice of Sale" of Combination
Tax and Electric System Surplus Revenue Certificates of Obligation,
Series 2005 in an amount not to exceed $25,500,000 (Finance).
RESOLUTION NO.2005-R0014
A RESOLUTION RELATING TO THE GIVING OF NOTICE OF
INTENTION TO ISSUE AND SELL CITY OF LUBBOCK, TEXAS
COMBINATION TAX AND ELECTRIC SYSTEM SURPLUS
REVENUE CERTIFICATES OF OBLIGATION, SERIES 2005
WHEREAS, the City of Lubbock, Texas (the "City"), pursuant to Subchapter C,
Chapter 271, Texas Local Government Code, as amended, is authorized to issue its
- certificates of obligation for the purpose of paying contractual obligations to be incurred
for the purposes set forth in Exhibit A hereto;
WHEREAS, the City Council of the City has found and determined that a notice
of intention to issue certificates of obligation should be published in accordance with the
requirements of applicable law; and
29
Regular City Council Meeting
January 13, 2005
Page 30
WHEREAS, the City Council of the City has determined to sell the certificates
pursuant to a negotiated sale and is required to publish a notice of sale with respect
thereto in accordance with the provisions of the City's Charter;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK, TEXAS, THAT:
Section 1. The findings and determinations set forth in the preambles hereto
are hereby incorporated by reference for all purposes.
Section 2. The City Secretary of the City is hereby authorized and directed to
issue a notice of intention to issue certificates of obligation in substantially the form set
forth in Exhibit A hereto incorporated herein by reference for all purposes. The notice as
set forth in Exhibit A shall be published once a week for two consecutive weeks, the date
of the first publication being not less than the fourteenth (14th) day prior to the date set
forth in the notice for passage of the ordinance authorizing the Combination Tax and
Electric System Surplus Revenue Certificates of Obligation. Such notice shall be
published in a newspaper of general circulation in the area of the City of Lubbock, Texas.
Section 3. The City Secretary of the City is hereby authorized and directed to
issue a notice relating to the sale of certificates of obligation in substantially the form set
forth in Exhibit B hereto incorporated herein by reference for all purposes. The notice set
forth in Exhibit B shall be published once a week for a period of thirty (30) days.
Section 4. This resolution shall take effect from and after the date of its
passage.
FINALLY PASSED, APPROVED AND EFFECTIVE this 13th day of January, 2005.
CITY OF LUBBOCK, TEXAS
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
The proceeds from the sale of this bond issuance will be used for the
purchase of a power facility from West Texas Municipal Power Agency,
for improvements to the City's Electric System, and to pay costs
associated with issuance of these bonds.
The projects tentatively scheduled to be funded are:
Purchase of JRM 8 Generation Station - Funded by 2005 CO:
$20,840,000
This project will provide for the acquisition of an electric power co-
generation facility including a 40 MW combustion turbine generator and
related power generation equipment and facilities located at Lubbock
Power & Light Plant No. 2 and owned by the West Texas Municipal
Power Agency.
Overhead Distribution Ongoing - Funded by 2005 CO: $1,250,000
This project will provide for the engineering design, construction, labor
and materials to provide service to customers requiring overhead electric
service. This project will also provide for the construction of major
overhead line infrastructure such as feeder lines and capacitor banks.
Underground Distribution Ongoing - Funded by 2005 CO: $1,615,000
30
Regular City Council Meeting
January 13, 2005
Page 31
This project will provide for the engineering design, construction, labor
and materials to provide service to customers requiring underground
electric service.
Distribution Transformers Ongoing - Funded by 2005 CO: $800,000
This project will provide for the purchase of distribution transformers for
electric distribution system growth, maintenance, and improvements.
FISCAL IMPACT:
This issuance will defease the WTMPA Revenue Bonds, Series 1998 in
the original amount of $28.91 million. $21.285 million is now outstanding.
Once the new bonds are issued, the JRM 8 Power Generation Station will
be shown as an asset on the LP&L Enterprise Fund Balance Sheet and the
corresponding liability will also be shown for the new debt. The lease
obligation now shown will be eliminated. The net financial statement
effect will be minimal.
New bonds totaling $3.665 million are also issued to fund LP&L's FY
2004-2005 approved CIP. A long-term financial model has been
developed by LP&L and City financial staff. The model shows that this
issuance is financially sustainable.
As this action is the first necessary step to proceed with a bond issuance,
staff recommended approval of this resolution. Pricing date is set for
February 22, 2005.
(31.) Resolution No. 2005-R0015 authorizing the Mayor to execute for and
on behalf of the City a Deed transferring the 4.73 acres of land located
at 1802 Parkway Drive to the North and East Lubbock Community
Development Corporation for economic development purposes
(Business Development).
RESOLUTION NO. 2005-R0015
WHEREAS, the North & East Lubbock Community Development Corporation
desires to acquire 4.73 acres of land located at 1802 Parkway Drive for development of a
15,000 square foot shopping center that will generate economic development for this
enterprise zone and provide access to convenience goods for the community; and
WHEREAS, this land is a portion of a tract owned by the City of Lubbock upon
which the Patterson Library is located; and
WHEREAS, the City and the North & East Lubbock Community Development
Corporation have agreed upon a value of $11, 352.00 for the property; and
WHEREAS, the Library Board has recommended that the property be sold to the North
& East Lubbock Community Development Corporation for economic development
purposes; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT upon receipt by the City of the agreed value, $11,352.00, within 180 days of the
date of this Resolution, the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Deed transferring the 4.73
acres of land located at 1802 Parkway Drive to the North & East Lubbock Community
Development Corporation for economic development purposes, and any other related
documents. Said Deed is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the Council.
31
Regular City Council Meeting
January 13, 2005
Page 32
Passed by the City Council this 13th day of January, 2005.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Rob Allison /s/ Linda Chamales
Rob Allison, Director of Linda Chamales,
Business Services Senior Attorney, Office Practice
A copy of the Deed is filed with Resolution No. 2005-ROO15.
The North and East Lubbock Community Development Corporation
would like to acquire 4.73 acres of land located at 1802 Parkway Drive for
the development of a 15,000 square foot shopping center that will generate
economic development for North and East Lubbock. The location of a
shopping center on this tract will also provide access to convenience
goods for citizens located in North and East Lubbock.
This tract of land is located in an Enterprise Zone that is automatically
designated as a reinvestment zone upon its creation, and also located in a
historically underutilized section of the City. The development of the
historically underutilized area of the City will accomplish the public
purposes of development and diversification of the economy, will
promote, assist, and enhance economic development and will aid in
reducing unemployment and underemployment within the City.
This tract of land is a portion of the tract owned by the City upon which
the Patterson Library is located. The Library Board has recommended that
the property be sold to the North and East Lubbock Community
Development Corporation for economic development purposes.
The deed will only be executed upon receipt of the agreed upon value of
$11,352 within 180 days of the approval of this resolution.
FISCAL IMPACT:
None.
City staff recommended approval of this resolution.
The next items considered were Items 33-36.
(32.) Resolution No. 2005-ROO25 in support of Relay Texas deaf
interpreting service in Lubbock for renewal of their contract with the
State of Texas (City Council stafj).
This item was moved from consent agenda to regular agenda and was
considered following Item 15.
RESOLUTION NO.2005-R0025
WHEREAS, the Center for Communication Services for the Deaf Relay Center
for the City of Lubbock (the "CSD") works with companies, such as Sprint, to provide
phone services for the deaf and hard of hearing; and
WHEREAS, the CSD employs 285 people from the City of Lubbock (the "City")
and the surrounding area; and
WHEREAS, the CSD also provides contract work for many vendors in the City;
and
WHEREAS, the CSD contracts with the State of Texas for funding and said
contract is currently up for renewal; and
32
Regular City Council Meeting
January 13, 2005
Page 33
WHEREAS, the City Council of the City of Lubbock recognizes the importance
of the services that the CSD provides for the deaf and hard of hearing in our community;
and
WHEREAS, the City Council further recognizes the positive economic impact the
CSD provides for community. NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council does hereby support the Center for Communication
Services for the Deaf Relay Center for the City of Lubbock in its efforts to renew its
contract for funding with the State of Texas.
Passed by the City Council this 13th day of January, 2005.
/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/ AM L. Sims
Amy L. Sims, Assistant City
Relay Texas has asked City Council for a letter of support for renewal of
their contract, to help show that their services and opportunity for
employment are of value to our community.
FISCAL IMPACT:
None.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Jones to pass Resolution No. 2005-R0025 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(33.) Resolution No. 2005-110016; Resolution No. 2005-R0017 - BID
#04-175BM—for Water Treatment Chemicals for Water
Reclamation Plant — Six Month Pricing (Water Reclamation).
RESOLUTION NO.2005-R0016
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
treatment chemicals for water reclamation plant — six month pricing, by and between the
City of Lubbock and DPC Industries, Inc. of Sweetwater, 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.
33
Regular City Council Meeting
January 13, 2005
Page 34
Passed by the City Council this 13th day of January, 2005.
/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 L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice
A copy of the Letter of Award is filed with Resolution No. 2005-R0016.
RESOLUTION NO.2005-R0017
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
treatment chemicals for water reclamation plant — six month pricing, by and between the
City of Lubbock and CIBA Specialty Chemicals Corporation of Suffolk, Virginia, 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 13th day of January, 2005.
/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 L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice
This bid establishes six-month pricing for the purchase of water treatment
chemicals required to ensure compliance with the Texas Commission on
Environmental Quality rules and regulations for water treatment. Dry
polymer will be used daily at the Southeast Water Reclamation Plant as an
aid to thicken the waste sludge and dewatering of the digested sludge in
the solids handling facility. Sodium hypochlorite is a chemical used daily
at the Southeast Water Reclamation Plant to control odors from the raw
34
Regular City Council Meeting
January 13, 2005
Page 35
wastewater entering the plant at the headworks and solids -handling
facility.
Eight local businesses were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $186,787 was appropriated with $169,201 available in Project
6411 (Wastewater Treatment Process Chemical Supply) for this purpose.
Staff recommended contract award to Ciba Specialty Chemicals
Corporation of Suffolk, Virginia for $76,700 and to DPC Industries of
Sweetwater, Texas for $27,274.69.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Jones to pass Resolution No. 2005-R0025 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(34.) Resolution No. 2005-R0018 - BID #04-188/BM—for 2005 Primary
Streets Maintenance Program (Streets).
RESOLUTION NO.2005-R0018
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 2005
Primary Streets Maintenance Program, by and between the City of Lubbock and Lone
Star Dirt & Paving Contracting, 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.
Passed by the City Council this 13th day of January, 2005.
/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 L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of January, 2005, 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 Lone Star Dirt & Paving Contracting, 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
35
Regular City Council Meeting
January 13, 2005
Page 36
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #04-188-BM - 2005 PRIMARY STREETS MAINTENANCE PROGRAM -
$936,401.40
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/ Don Jennings
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
/s/
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDougal
MAYOR
CONTRACTOR:
Lone Star Dirt & Paving Contracting, LTD.
By: /s/ Wesley Sanders
PRINTED NAME: Wesley Sanders
TITLE: CEO
COMPLETE ADDRESS:
Lone Star Dirt & PavingContracting,
LTD.
11820 University Avenue
Lubbock, TX 79423
The 2005 Primary Streets Maintenance Program involves seal coating on
selected primary streets throughout the City; either a single course seal
(preventative maintenance) or a two course seal (rehabilitative
maintenance). The various patching items will be used to replace failed
areas on the selected streets. The patching phase will start in late February
2005 on the streets to be sealed. Seal coat operations will start in May
2005 and will be completed by August 15, 2005.
Thirty-eight local contractors were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $950,000 was appropriated with $950,000 available in Project
90375 (Permanent Street Maintenance Fund) for this purpose.
Staff recommended contract award to Lone Star Dirt & Paving
Contracting, Ltd. of Lubbock, Texas for $936,401.40.
36
Regular City Council Meeting
January 13, 2005
Page 37
(35.) Resolution No. 2005-R0019 - BID #04-189BM—for 2005 Secondary
Streets Maintenance Program (Streets).
RESOLUTION NO.2005-R0019
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 2005
Secondary Streets Maintenance Program, by and between the City of Lubbock and Lone
Star Dirt & Paving Contracting, 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.
Passed by the City Council this 13th day of January, 2005.
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 L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of January, 2005, 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 Lone Star Dirt & Paving Contracting, 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 #04-189-BM - 2005 SECONDARY STREETS MAINTENANCE PROGRAM -
$676,797.37
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
37
Regular City Council Meeting
January 13, 2005
Page 38
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/ Don Jennings
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
/s/
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ '`Marc McDougal
MAYOR
CONTRACTOR:
Lone Star Dirt & Paving Contracting, LTD.
By: ,/s/ Wesley Sanders
PRINTED NAME: Wesley Sanders
TITLE: CEO
COMPLETE ADDRESS:
Lone Star Dirt & PavingContracting,
LTD.
11820 University Avenue
Lubbock, TX 79423
The 2005 Secondary Streets Maintenance Program involves seal coating
on selected secondary streets throughout the City; either a single course
seal (preventative maintenance) or a two course seal (rehabilitative
maintenance). The various patching items will be used to replace failed
areas on the selected streets. The patching phase will start in late February
2005 on the streets to be sealed. Seal coat operations will start in May
2005 and will be completed by September 2005.
Thirty-six local contractors were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $688,000 was appropriated with $688,000 available in Project
90375 (Permanent Street Maintenance Fund) for this purpose.
Staff recommended contract award to Lone Star Dirt & Paving
Contracting, Ltd. of Lubbock, Texas for $676,797.37.
(36.) Resolution No. 2005-R0020 - RFQ #04-191/VK—for A/E Services for
Airport Improvement Projects (Aviation).
RESOLUTION NO.2005-R0020
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/E services
for airport improvement projects, by and between the City of Lubbock and Parkhill,
Smith & Cooper, 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.
38
Regular City Council Meeting
January 13, 2005
Page 39 2005.
Passed by the City Council this 13th day of January,
/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 L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice
A copy of the Contract is filed with Resolution No. 2005-R0020.
This Request for Qualifications involves the selection of an engineering
firm to design FAA approved capital improvement projects at the Airport.
The proposed scope of services will generally extend over the next five
years. The projects covered in the previous master engineering agreement
of 1997 have been completed and the agreement is terminated. It is
necessary to insure continuity of the entitlement grant funded public works
type projects and overall planning and development of the Airport. As
each of the projects in the next five-year planning period is implemented,
a budget will be provided along with a funding source (usually Airport
Improvement Project Entitlement Grants, passenger facility charges
revenue, or Airport fund balance) and design and engineering contracts
will be negotiated.
Two engineering firms submitted proposals to the City's request for A/E
services for various airport improvement projects over the next five years
and were ranked as follows:
• Parkhill, Smith & Cooper, Inc. located in Lubbock, Texas with
expertise in civil engineering, planning, and architecture. (Score
92.8%)
• Delta Airport Consultants, Inc. headquartered in North Carolina with a
regional office in Austin, Texas and expertise in civil engineering and
planning. (Score 70.6%)
The Evaluation Committee used the basic evaluation methods in the
Evaluation Procedures for Competitive Negotiation for Professional and
Non -Professional Services of the City Purchasing Department.
The evaluation criteria in the RFQ included 1) Professional Background
35%, 2) Quality of Projects Completed 20%, 3) Recent Experience 15%,
and 4) Project Approach and Other Procedures 30%.
The Evaluation Committee recommended Parkhill, Smith & Cooper (PSC)
be engaged to perform the A/E services as required for the various Airport
improvement projects as set out in the RFQ. As the funding for each
project is appropriated through the entitlement grant process, a separate
engineering contract will be negotiated and brought back to Council for
approval. Both proposals were prepared in a professional manner and
Airport staff has had previous experience with both firms. Parkhill, Smith
& Cooper's experience of over 40 years with technical expertise with
39
Regular City Council Meeting
January 13, 2005
Page 40
projects of similar scope for the City, as well as the Airport, equip them
with the background to operate as the Airport's engineer. Personnel
qualifications of PSC are extensive and diverse. They are a full service
multi -discipline firm with a good understanding of the work to be
performed. Because of their long and successful relationship with the
Airport, the Evaluation Committee believes that PSC displays the best
understanding of the need for all the projects, how all the projects are
interrelated, and how all the issues can be studied so that the best solution
for the available funding can be achieved.
Forty-eight local businesses were notified of the Request for
Qualifications.
FISCAL IMPACT:
Funds shall be made available from FAA Airport Grant projects for this
purpose.
Staff recommended contract award to Parkhill, Smith & Cooper, Inc. of
Lubbock, Texas.
The next item considered was Item 38.
(37.) Resolution No. 2005-R - RFP #04-159/RW—for Central Control
Irrigation System (Parks and Recreation).
This item was deleted.
ORDINANCES FOR PASSAGE
Second Reading
(38.) ORDINANCE NO. 2004-00148—Ordinance granting NTS
Communications, Inc. a cable television franchise (Mayor nay) (second
and final reading).
This item was considered following Item 32.
ORDINANCE NO.2004-00148
AN ORDINANCE GRANTING TO NTS COMMUNICATIONS, INC. THE RIGHT,
PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE BOUNDARIES OF
THE CITY OF LUBBOCK A CABLE SYSTEM; AND PROVIDING THEREIN FOR
DEFINITIONS; SERVICES, EQUIPMENT AND FACILITIES; A TERM;
FRANCHISE FEES; INSURANCE; OTHER DUTIES; AMENDMENT;
ACCEPTANCE OF FRANCHISE; RATES; PUBLICATION; AN EFFECTIVE DATE;
AND A SAVINGS CLAUSE.
Motion was made by Mayor Pro Tem. Martin, seconded by Council
Member Gilbreath to pass on second and final reading Ordinance No.
2005-00148 as recommended by staff. Motion carried: 6 Yeas, 1 Nay.
Mayor McDougal voted nay.
The next items considered were Items 45-52
PUBLIC HEARING
10:30 A. M. Zoning
Items 39-44 were considered following Item 52.
(39.) Ordinance No. 2005-00005 - ZONE CASE NO. 2082-A (2720 and
2722 Auburn Street): Hold a public hearing to consider the request of
Maggie Trejo (for the Community Housing Resource Board of
Lubbock) for a zoning change from R-1 to R-2 with a condition on the
east 50 feet and the center 50 feet of the south 132.5 feet of Block 57,
Arnett and Benson Addition. first reading).
40
Regular City Council Meeting
January 13, 2005
Page 41
ORDINANCE NO. 2005-00005
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2082-A; A ZONING CHANGE FROM R-1 TO R-2
ZONING ON THE EAST 50 FEET AND THE CENTER 50 FEET OF THE SOUTH
132.5 FEET OF BLOCK 57, ARNETT-BENSON ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:30 a.m. No one
appeared on behalf of Community Housing Resource Board of Lubbock.
No one appeared in opposition. Mayor McDougal closed the hearing at
10:34 a.m.
The request is to rezone two vacant lots in the Arnett neighborhood as R-2
for two small duplex units that will provide affordable housing for
handicapped and senior citizens. While this one block is zoned R-1,
approximately 30% of the Arnett Addition is zoned R-2 and has a mixture
of single family and duplex construction. Many of the structures were built
before the City adopted zoning in the early 1940s. The applicant is the
Community Housing Resource Board, a group that has previously
completed several projects of this nature in the vicinity.
Adjacent land use is residential in all directions. To the east on Auburn
Street, one single family home separates these two lots from an existing
church.
As a style of residential, the project does not rise to the level of a
Comprehensive Land Use Plan discussion. There were no negative
comments at the Planning Commission from the adjacent property owners.
Density would normally be an issue for duplex development on a block
with other single-family units. The depth of the lots in Arnett (132.5 feet)
and the width of 50 feet each create a lot size of 6,625 square feet
(minimum is 6,000 square feet for a duplex) — well over the density
requirement for duplex. In addition, the proposal is for both sides of each
duplex to contain a total of three bedrooms on both sides, far fewer than
could be accommodated in a new single family home on each lot.
The project will have no appreciable effect on the thoroughfare system.
The site plan indicates four parking spaces for both duplex units. At
another project constructed the same, the number has worked well since
several of the occupants have no vehicle. The balance of what would
normally be paved is committed to grass in the front yard.
The Planning Commission recommended the request with the following
condition:
1. The two duplex units shall be constructed as described in
Site Plan #2082A.
FISCAL IMPACT:
Not applicable.
Staff supported the Planning Commission recommendation.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member DeLeon to pass on first reading Ordinance No. 2005-00005 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(40.) Ordinance No. 2005-00006 - ZONE CASE NO. 2256-A (south and
east of the corner of East Kent Street and North Holly Avenue): Hold
a public hearing to consider the request of James Kitten (for Lubbock
County) for a zoning change from M-2 to M-2 Specific Use for a
corrections facility on a 50.56 acre tract of unplatted land out of Block
A, Section 41. first reading).
41
Regular City Council Meeting
January 13, 2005
Page 42
ORDINANCE NO. 2005-00006
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2256-A; A ZONING CHANGE FROM M2 TO M2
SPECIFIC USE FOR A CORRECTIONS FACILITY ON A 50.56 ACRE TRACT OF
UNPLATTED LAND OUT OF BLOCK A, SECTION 41, LUBBOCK, TEXAS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:30 a.m. No one
appeared on behalf of Lubbock County. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:34 a.m.
The request will accommodate construction of the new Lubbock County
jail.
Land use in the area is agriculture or the existing detention facility
operated by Lubbock County. The County owns a majority of the square
mile where the jail is proposed.
The area is targeted as industrial on the Comprehensive Land Use Plan,
and the proposal is consistent with zoning policy.
The project will not have a significant effect on the thoroughfare system.
The Planning Commission recommended approval of the request.
FISCAL IMPACT:
Not applicable.
Staff supported the Planning Commission recommendation.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member DeLeon to pass on first reading Ordinance No. 2005-00006 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(41.) Ordinance No. 2005-00007 - ZONE CASE NO. 3028 (east of North
Martin Luther King, Jr. Boulevard and south of East Regis Street):
Hold a public hearing to consider the request of Hugo Reed and
Associates, Inc. (for Hub of the Plains Partners VI, Ltd.) for a zoning
change from R-1 to IDP (Industrial Park) on the south half of Block
D-3, Section 1. first reading).
ORDINANCE NO.2005-00007
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3028; A ZONING CHANGE FROM R-1 TO IDP
ZONING ON THE SOUTH HALF OF BLOCK D-3, SECTION 1, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:30 a.m. Truett Craft
appeared on behalf of Craft Construction Company. No one appeared in
opposition. Mayor McDougal closed the hearing at 10:34 a.m.
The parcel proposed for rezoning from T or R-1 is south of Regis Street
(the half section line, to East Kent Street), between North MLK Boulevard
and Guava Avenue; a half square mile. It is the half section that Regis
Street curves south from the intersection at MLK Boulevard back to being
on the section line of Kent Street (east -west) at North Guava Avenue
(north -south).
Adjacent land use is substantially vacant (agricultural) in all directions.
Exceptions include several homes to the west across North MLK
Boulevard. All the phone inquiries to staff about the request have
expressed favor for the proposal.
The request is consistent with the Comprehensive Land Use Plan and
zoning policy. The rezoning has been a policy objective for years because
42
Regular City Council Meeting
January 13, 2005
Page 43
of the location of the area being south of the Airport. The proposed future
development should not dramatically affect the thoroughfare system.
The Planning Commission recommended approval of the request.
FISCAL IMPACT:
Not applicable.
Staff supported the Planning Commission recommendation.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member DeLeon to pass on first reading Ordinance No. 2005-00007 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(42.) Ordinance No. 2005-00008 - ZONE CASE NO. 2161-I (8910
University Avenue): Hold a public hearing to consider the request of
G. Greenstreet, Inc. for a zoning change from A-1 to GO for
professional offices on a 0.66 acre portion of land out of the northwest
corner of Tract E, Summerfield Addition. first reading).
ORDINANCE NO. 2005-00008
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2161-I; A ZONING CHANGE FROM A-1 TO GO
ZONING ON A 0.66 ACRE PORTION OF LAND OUT OF THE NORTHWEST
CORNER OF TRACT E, SUMMERFIELD ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:30 a.m. No one
appeared on behalf of G. Greenstreet, Inc. No one appeared in
opposition. Mayor McDougal closed the hearing at 10:34 a.m.
The request will rezone a I I9-foot strip of undeveloped apartment zoning
to Garden Office.
— Adjacent land use:
North
— professional office
South
— institutional
East —
University Avenue
West
— playa lake
The project is consistent with both the Comprehensive Land Use Plan and
zoning policy. This project will complete a series of development along
Slide Road and will probably be more attractive and less intense than the
current apartment zoning. The project will have no impact on the
thoroughfare system.
The Planning Commission supports the request with one condition:
1. The development will be limited to one curb return to
University Avenue.
FISCAL IMPACT:
Not applicable.
Staff supported the Planning Commission recommendation.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member DeLeon to pass on first reading Ordinance No. 2005-00008 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(43.) Ordinance No. 2005-00009 - ZONE CASE NO. 2178-I (west of
Indiana Avenue and south of 981h Street): Hold a public hearing to
consider the request of Hugo Reed and Associates, Inc. (for Danbe
Partners, Ltd.) for a zoning change from A-1 to C-2 for a shopping
center on an unplatted 0.6 acre tract of land out of Block E-2, Section
18. first reading).
43
Regular City Council Meeting
January 13, 2005
Page 44
ORDINANCE NO.2005-00009
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2178-I; A ZONING CHANGE FROM A-1 TO C-2
ZONING ON AN UNPLATTED 0.6 ACRE TRACT OF LAND OUT OF BLOCK E-
2, SECTION 18, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:30. a.m. No one
appeared on behalf of Danbe Partners, Ltd. No one appeared in
opposition. Mayor McDougal closed the hearing at 10:34 a.m.
The proposed rezoning will amend the current A-1 zoning to allow for C-2
development. The parcel is approximately one-half of the current A-1
parcel that is already approved within a Zoning Board of Adjustment case
that allows the property to be used as parking for the shopping center
being constructed to the north. One letter of opposition noted a change of
policy from A-1 to C-2. It is important to note a strip of A-1 that will be
either parking and/or a drive to the future development of the west from
Indiana Avenue.
Adjacent land uses:
North — commercial
South — zoned A-1, approved for commercial parking, vacant
East — commercial
West — apartment zoned, vacant
The request is consistent with the Comprehensive Land Use Plan and
zoning policy. As noted, an approximate 50-foot strip of A-1 will remain
south of the commercial and north of the existing residential on 101"
Street.
The project will have no effect on the thoroughfare plan.
The Planning Commission supports the request.
FISCAL IMPACT:
Not applicable.
Staff supported the Planning Commission recommendation.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member DeLeon to pass on first reading Ordinance No. 2005-00009 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(44.) Ordinance No. 2005-00010 - ZONE CASE NO. 3029 (2938 East
Cornell Street): Hold a public hearing to consider the request of
Hugo Reed and Associates, Inc. (for Tierra Unida Development) for a
zoning change from R-1 to R-1 Specific Use for reduced setbacks,
Block 1, Donlon Addition. first reading).
ORDINANCE NO.2005-00010
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3029; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE FOR REDUCED SETBACKS ON BLOCK 1, DONLON
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor McDougal opened the public hearing at 10:30 a.m. No one
appeared on behalf of Tierra Unida Development. No one appeared in
opposition. Mayor McDougal closed the hearing at 10:34 a.m.
The request is for a new residential development proposed south of East
Erskine Street and west of North Guava Avenue. The project has the full
44
Regular City Council Meeting
January 13, 2005
Page 45
support of the North and East Lubbock Community Development
Corporation and represents an excellent project following the long-time
efforts of City Council to encourage development of underdeveloped areas
of Lubbock.
Adjacent land use:
North — vacant, City property
South — vacant
East — vacant
West — residential, commonly referred to as the Cherry Point
Addition.
The project represents a policy request in terms of both the
Comprehensive Land Use Plan and zoning policy. The applicant has filed
the request as Specific Use to provide for reduced setback common in
most new subdivisions.
The project will not have a negative effect on the thoroughfare system.
The applicant may be on a future Council agenda to discuss rollover curbs,
but that process is not within the jurisdiction of this zone case.
The Planning Commission recommended the request with the following
setback minimum:
1. Twenty -foot front setback.
2. Five-foot side setback on corner lots.
3. Five foot front setback for homes on a cul-de-sac, with the
exception that any garage or the required parking shall
meet a twenty -foot setback.
FISCAL IMPACT:
Not applicable.
Staff supported the Planning Commission recommendation.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member DeLeon to pass on first reading Ordinance No. 2005-00010 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
ADMINISTRATIVE SERVICES
Human Resources
Items 45-52 were considered following Item 38.
(45.) Ordinance No. 2005-00002 amending Ordinance No. 10007, Section 5
authorizing and allowing, under the act governing the Texas
Municipal Retirement System, so as to make current service and prior
service contributions to the City of Lubbock's account in the
municipal accumulation fund of the Texas Municipal Retirement
System at the actuarially determined rate of total employee
compensation first reading).
ORDINANCE NO. 2005-00002
AN ORDINANCE AMENDING ORDINANCE 10007, SECTION 5
AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS
MUNICIPAL RETIREMENT SYSTEM, SO AS TO MAKE CURRENT SERVICE
AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY OF LUBBOCK'S
ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS
MUNICIPAL RETIREMENT SYSTEM AT THE ACTUARIALLY DETERMINED
RATE OF TOTAL EMPLOYEE COMPENSATION.
The City of Lubbock is a participating municipality in the Texas
Municipal Retirement System (TMRS), which provides retirement and
disability benefits. Annually an actuarial study of the City of Lubbock's
account is performed to determine the rate necessary to fund the costs of
45
Regular City Council Meeting
January 13, 2005
Page 46
all benefits, which are or may become chargeable or are to be paid out of
the City's account. The actuarial experience investigation study has
revealed the necessity by the Board of Trustees to reduce the actuarial
interest rate and payroll growth assumptions utilized in calculating City
contribution rates. These assumption changes ensure that the City's TMRS
Plan continues to be funded on an actuarially sound basis.
Based on these new assumptions and the City's present benefit plan, the
new contribution rate effective January 1, 2005 will be 15.85%. This is an
increase of 1.31 % above the 2004 rate of 14.54%. This represents an
increase of $769,000 over the principle period. This new amount has been
included in the FY 2004-05 adopted budget. This ordinance replaces
Section 5 of Ordinance No. 10007 in which the City set the maximum
statutory rate recommended by TMRS at 15.50%.
FISCAL IMPACT:
The increase has been included in the FY 2004-05 adopted budget.
Staff recommended Council approval of the first reading of this ordinance.
Motion was made by Mayor Pro Tem, seconded by Council Member
Gilbreath to pass on first reading Ordinance No. 2005-00002 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(46.) Ordinance No. 2005-00003 amending the FY 2004-2005 Budget
(Amendment #4).
ORDINANCE NO.2005-00003
AN ORDINANCE MAKING CHANGES IN THE FY 2004-05 BUDGET OF
THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES.
Revising Electric, Water, Sewer, Solid Waste and Storm Drainage
Funds:
LP&L management has determined that wages need to be adjusted
for various industry, business and competitive matters in order to
best serve the needs of the Lubbock community. The specific
details are outlined in the Executive Session item. Changes are
necessary for the other Enterprise Funds because of their
reimbursement of Utility Billing to the Electric Fund.
2. Revising Streets Capital Projects:
The budget will be revised to cover the City's participation in the
cost of the Slide Road widening north of Erskine Street associated
with the platting of the North Point Addition. The request is to
move $85,185 from two streets projects to the Subdivision and
Assessment Paving Project.
A separate item is on the agenda recommending City Council
accept the paving improvements and authorize payment to the
developer of $120,714.30.
3. Adding a new Capital Project — City Council Conference Room:
The City Council is in need of a new conference room to better
accommodate the needs of the Council. The new conference room
will be located on the 2"d floor of the Municipal Building and will
be equipped for teleconference and media meetings.
4. Moving $10,000 from General Fund to Investment Fund:
A $10,000 appropriation from the General Fund fund balance will
be made to the Investment Fund. A deficit is always maintained at
fiscal year end in the Investment Fund because of timing
differences in fund reimbursements. This transfer will eliminate
the minimal structural deficit.
5. Accept and appropriate grant from Texas Department of State
Health Services for Immunization Services:
46
Regular City Council Meeting
January 13, 2005
Page 47
Funding will be received in the amount of $230,440. The grant will
fund salaries and benefits for a Registered Nurse, Licensed
Vocational Nurse and Secretary to provide Immunization Services.
The contract will expire August 31, 2005. A separate item (Item
#18) is on this same agenda requesting approval of a contract
change to the grant.
6. Accept and appropriate grant from Texas Department of State
Health Services for Bioterrorism Preparedness:
Funding will be received in the amount of $547,791. The grant will
cover Salaries and Benefits of $429,967, Supplies of $37,397,
Equipment of $48,050, Professional Services for a Pharmacist of
$4,800, Other Miscellaneous Expenses of $19,577, and Training
and Travel Costs of $8,000. The contract will expire August 31,
2005. A separate item (Item #19) is on this same agenda requesting
approval of a contract change to the grant.
7. Accept and appropriate grant from Texas State Library and
Archives Commission for Loan Star Libraries Direct Aid Program:
Funding will be received in the amount of $18,044. The grant will
cover Payroll of $9,147 and Materials of $8,897. A separate item
(Item #24) is on this same agenda, requesting acceptance of the
grant for 2005.
FISCAL IMPACT:
1. Revising Electric, Water, Sewer, Solid Waste and Storm Drainage
Funds:
The Electric Fund is budgeted to expend an additional $479,511
with this increase for the Electric Fund, the Water, Sewer, Solid
Waste and Storm Water Funds will increase by the following
amounts to pay for their utility billing allocation.
• Water $110,352
• Sewer $ 63,374
• Solid Waste $ 13,563
• Storm Water $ 26,361
Total $213,650
The Water, Sewer, and Solid Waste funds are each reducing
transfers into their capital project funds to fund the increase in
billing charges. The Storm Water Fund is increasing its use of fund
balance.
The remaining difference of $265,861 is to be funded from Electric
Fund operating revenues.
2. Revising Streets Capital Projects:
It is recommended that $42,051 be used from the Subdivision and
Assessment Paving Project, $50,185 be used from State and
Federal Match, and $35,000 be used from the Frankford Avenue
from 82°d to 981h Streets Project. This amounts to a total transfer of
$85,185 into the Subdivision and Assessment Paving project,
bringing the total available in this project to $127,236. The total
needed for North Point Addition is $120,714.
3. Adding new Capital Project — City Council Conference Room:
The funding for the City Council Conference Room is to come
from the Radio Shop Capital Projects Fund #326 retained earnings.
4. Moving $10,000 from General Fund to Investment Fund:
There is no major impact associated with this transfer from the
General Fund fund balance.
47
Regular City Council Meeting
January 13, 2005
Page 48
5. Accept and appropriate grant from Texas Department of State
Health Services for Immunization Services:
Grant provides citizens services without negatively impacting the
General Fund.
6. Accept and appropriate grant from Texas Department of State
Health Services for Bioterrorism Preparedness:
Grant provides citizens services without negatively impacting the
General Fund.
7. Accept and appropriate grant from Texas State Library and
Archives Commission for Loan Star Libraries Direct Aid Program:
Grant provides citizens services without negatively impacting the
General Fund.
Staff recommended approval of the first reading of this ordinance.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2005-00003 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(47.) Resolution No. 2005-R - BID #04-207/BM—for Municipal
Irrigation Wells — Phase I (Public Works).
This item was rejected.
This project involves the drilling and development of 12 irrigation wells
located within 11 municipal parks for the purpose of using ground water
rather than drinking water for landscape irrigation.
Time for completion of this project is 60 consecutive calendar days and
liquidated damages are $500 per day. Sixty-two Lubbock contractors were
notified of this Invitation to Bid.
FISCAL IMPACT:
A total of $350,000 was appropriated with $349,316 available in Project
90357 (Parks Conversion to Ground Water) for this purpose.
Staff recommended contract award to Turfinaster Irrigation and
Landscaping, Inc. of Wolfforth, Texas for $317,228.40.
Motion was made by Council Member Gilbreath, seconded by Council
Member Boren to pass this item, since this was a unit price and the City
could stop if they wanted. Motion carried: 7 Yeas, 0 Nays.
This item was reconsidered following Item 54.
Information was presented by the City Attorney that this bid could not be
broken down into units.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to reject all bids. Motion carried: 7 Yeas, 0 Nays.
(48.) Resolution No. 2005-R0029 - BID #04-193/MA—for Light Duty
Trucks (Fleet Services).
RESOLUTION NO.2005-R0029
WHEREAS, the City of Lubbock solicited bids (ITB # 04-193-MA) for light duty
trucks (herein so called) for use by the City of Lubbock;
WHEREAS, Section 271.905 of the TExAs LOCAL GOVERNMENT CODE provides
that if the local government of a municipality with a population of 200,000 or less
receives one or more bids from a bidder whose principal place of business is in the local
government, and whose bid is within three percent (3%) of the lowest bid price received
by the local government from a bidder who is not a resident of the local government, the
local government may enter into a contract with either the lowest bidder, or the bidder
whose principal place of business is in the local government, conditioned upon
appropriate findings of the governing body;
Regular City Council Meeting
January 13, 2005
Page 49
WHEREAS, Gene Messer Ford, with a principal place of business located at
6000 W. 19d, Lubbock, Texas, is located within the city limits of the City of Lubbock;
WHEREAS, Gene Messer Ford submitted a bid to the City of Lubbock for a
contract to supply the light duty trucks in accordance with the above -referenced ITB #
04-193-MA, said bid being in an amount that is within three percent (3%) of the lowest
bid price received; and
WHEREAS, the City Council of the City of Lubbock finds that the bid submitted
by Gene Messer Ford offers the City of Lubbock the best combination of contract price
and additional economic development opportunities for the City of Lubbock and its
residents, including the employment of residents of the City of Lubbock and increased
tax revenues to the City of Lubbock; NOW THEREFORE:
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 light
duty trucks between the City of Lubbock and Gene Messer Ford, 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 13th day of January, 2005.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
020:1611 Dim's0#Xk*)'jN 01ZI9
/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. 2005-R0029.
This bid is for the purchase of three pickup trucks for inspectors in the
Street Engineering Department to enable them to get to locations
throughout the City to inspect and test utility work being done in the right-
of-ways. These trucks will also be used in getting to sites of inspections
and tests needed for new street and alley construction within the City
limits.
Pursuant to Texas Local Government Code 271.905(b), in purchasing real
property or personal property that is not affixed to real property, if the City
receives one or more bids from a bidder whose principal place of business
is in the City of Lubbock and whose bid is within 3% of the lowest bid
price received by the City from a bidder who is not a City of Lubbock
resident, the City may enter into a contract with:
1. The lowest bidder, or
2. The bidder whose principal place of business is in the City of
Lubbock if the City Council determines, in writing, that the local
bidder offers the City the best combination of contract price and
additional economic development opportunities for the City of
Lubbock created by the contract award, including the employment
Regular City Council Meeting
January 13, 2005
Page 50
of residents of the City of Lubbock and increased tax revenue to
the City of Lubbock.
In order to receive consideration of the location of the bidder's principal
place of business for bid award, bidders are required to submit an
Affidavit of Eligibility.
The bid from Gene Messer Ford of Lubbock, Texas for items 2 through 2b
on the bid tabulation is within 3% of the low bid from a non-resident
bidder. Staff s recommendation is to award the bid to the lowest bidder
meeting specifications.
However, pursuant to the abovementioned statute, City Council has the
authority to award this bid to the local bidder "if the governing body of the
local government determines, in writing, that the local bidder offers the
local government the best combination of contract price and additional
economic development opportunities for the local government created by
the contract award, including the employment of residents of the local
government and increased tax revenues to the local government". To
facilitate the determination by City Council, a completed and signed
Affidavit of Eligibility from the local bidder is included in agenda backup.
Fifteen local businesses were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $23,364 was appropriated with $23,364 available in Project
90382 and 4311.8704 (Right -of -Way Management and Building
Inspection — Rent/Lease) for principal and interest payments during FY
2004-2005. This equipment will be financed using the City's master lease
purchase agreement.
Staff recommended contract award to Philpott Motors of Nederland, Texas
for $41,969.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Price to pass Resolution No. 2004-R0029 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
This item was reconsidered following Item 54.
Mayor Pro Tern Martin stated "having received an affidavit of eligibility
from the low local bidder and it is within 3% of the low bid, under section
271.905 of the Texas Local Government Code provides that the local
government and municipality with a population of 200,000 or less, which
we meet officially since the last census (we were at 199,000), receives one
or more bids from bidder whose principal place of businesses is in the
local government. This bid is within 3% of the lowest bid price received
by the local government from a bidder who is not a resident of the local
government. The local government may enter into a contract with either
the lowest bidder or the bidder whose principal place of business is the
local government, and conditioned upon appropriate findings of the
governing body, and we have made those findings and they are presented
here in this resolution, and I so move we award the bid to Gene Messer
Ford of Lubbock."
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Boren to pass Resolution No. 2005-R0029 and to award the
contract to Gene Messer Ford of Lubbock. Motion carried: 7 Yeas, 0
Nays.
The next items considered were Items 55-56.
12:02 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
1:15 P. M. CITY COUNCIL RECONVENED IN WORK SESSION
City Council Chambers
50
Regular City Council Meeting
January 13, 2005
Page 51
All council members were present.
The next items considered were Items 55-56.
(49.) Resolution No. 2005-R0026 authorizing the Mayor to execute a
statement of intent for the City to participate with the other member
cities of the Canadian River Municipal Water Authority to finance
revenue bonds for the Conjunctive Use Groundwater Supply Project.
This item was considered following the first consideration of Item 48.
RESOLUTION NO.2005-R0026
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock (the "City") is hereby authorized and
directed to execute for and on behalf of the City the City's response (the "Response") to
the Canadian River Municipal Water Authority (the "Authority") regarding the
Authority's Notice of Intent to Issue Contract Revenue Bonds, Series 2005 related to the
Conjunctive Use Groundwater Supply Project. A copy of the Response is attached hereto
and shall constitute and be a part hereof as if fully copied herein.
Passed by the City Council this 13th day of January 2005.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Water Planning Engineer
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld, Chief Financial Officer
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Response is filed with Resolution No. 2005-R0026.
The Canadian River Municipal Water Authority (CRMWA) Board has
approved the expenditure of up to $50,000,000 for the purchase and
development of groundwater rights. The costs break down as follows:
Estimated Water Rights Costs $15,000,000
Estimated Development Costs $28,000,000
Contingencies $ 7,000,000
TOTAL: $50,000,000
Note that the actual expenditures for each item may vary depending upon
the final project. For example, more water rights may be purchased or the
cost of the water rights may be more than anticipated. Furthermore, the
development costs may be more than anticipated.
The resolution allows $7 million in financing costs. This amount provides
for a bond proceeds funded debt service reserve. In reality, CRMWA's
financial advisor believes they will obtain a surety policy from a bond
insurer in lieu of the cash funded debt service reserve. This will lower the
actual size of the issuance. CRMWA has also agreed, and will confirm in
51
Regular City Council Meeting
January 13, 2005
Page 52
writing, that the City's portion of the debt will be amortized on a level
debt service basis.
This resolution commits the City of Lubbock to participate with CRMWA
for the issuance and financing of these bonds.
FISCAL IMPACT:
The City's share of debt service will be added to the annual costs paid to
CRMWA. Based on a 20-year debt service schedule run in mid -December,
with an assumed true interest cost of 4.25%, annual debt service will
approximate $1.45 million. In FY 2004-2005 and FY 2005-2006, the debt
service will be $285,000 and $766,000, respectively. Current rates for FY
2004-2005 can absorb the increase. A 2.39% increase will be required in
FY 2005-2006 and an additional 2.15% will be required for FY
2006-2007. These increases will need to remain in place until the bonds
are paid in FY 2024-2025.
Under this scenario, the current residential water rate ($1.78/1000 gallons)
would increase as follows:
Second year (2.391/o): $0.04/1000 gals. ($1.82/1000 gals.)
Third year (2.15%): $0.04/1000 gals. ($1.86/1000 gals.)
This does not include any costs associated with pumping the water from
the well field, transportation, or treatment costs.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Price to pass Resolution No. 2005-R0026 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(50.) Resolution No. 2005-R0027 authorizing the Mayor to execute an
amendment to the existing Conjunctive Use Groundwater Supply
agreement between the City and the Canadian River Municipal
Water Authority to finance revenue bonds for the Conjunctive Use
Groundwater Supply Project.
RESOLUTION NO.2005-R0027
A RESOLUTION BY THE CITY OF LUBBOCK, TEXAS,
AUTHORIZING AN INCREASE IN THE AMOUNT OF PROJECT
CONSTRUCTION COSTS IN THE CITY'S CONJUNCTIVE USE
GROUNDWATER SUPPLY AGREEMENT WITH THE
CANADIAN RIVER MUNICIPAL WATER AUTHORITY
WHEREAS, the City of Lubbock, Texas (the "City") has entered into an
agreement with the Canadian River Municipal Water Authority (the "Authority") for the
purchase and acquisition of Conjunctive Use Ground Water Supply; and
WHEREAS, the Authority has entered similar agreements with each of the other
cities that are members of the Authority; and
WHEREAS, the Authority issued its $13,505,000 Canadian River Municipal
Water Authority Contract Revenue Bonds, Series 1996 (Conjunctive Use Groundwater
Project) by resolution dated July 10, 1996 (the "Series 1996 Bonds"); and
WHEREAS, the Authority issued its $52,825,000 Canadian River Municipal
Water Authority Contract Revenue and Refunding Bonds, Series 1999 (Conjunctive Use
Groundwater Project) by resolution dated May 15, 1999 and amended and restated on
July 10, 1999 (the "Series 1999 Bonds"); and
WHEREAS, as a result of increased demand for water and additional needs
associated with the Project, it is necessary to increase the amount of Project Construction
Costs authorized in the Conjunctive Use Groundwater Agreements; and
WHEREAS, in order to increase the amount of Project Construction Costs, all
Member Cities must agree to the increase; and
52
Regular City Council Meeting
January 13, 2005
Page 53
WHEREAS, the additional amount needed in Project Construction Costs,
exclusive of Financing Costs, is $50,000,000; and
WHEREAS, the additional amount needed in Financing Costs should not exceed
$7,000,000; and
WHEREAS, the City agrees that the amount should be increased; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1. That the City agrees in the increase in the total amount of Project
_ Construction Costs from $96,570,000 to $153,570,000 with the Project Construction
Costs, exclusive of Financing Costs increased from $85,500,000 to $135,500,000.
SECTION 2. That the Amendment No. 2 to the Conjunctive Use Groundwater
Supply Agreement is hereby approved.
SECTION 3. That the City Secretary be and is hereby authorized to deliver
certified copies of this Resolution and minutes pertaining to its adoption and the
Amendment to the Conjunctive Use Groundwater Supply Agreement to the Secretary of
the Canadian River Municipal Water Authority in such number as may be requested for
said Authority's records and proceedings.
PASSED, APPROVED AND ENACTED this the 13th day of January, 2005.
CITY OF LUBBOCK
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel
Water Planning Engineer
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld
Chief Financial Officer
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
The Canadian River Municipal Water Authority (CRMWA) Board has
approved the expenditure of up to $50,000,000 for the purchase and
development of groundwater rights. The costs break down as follows:
Estimated Water Rights Costs $15,000,000
Estimated Development Costs $28,000,000
Contingencies $ 7,000,000
TOTAL: $50,000,000
Note that the actual expenditures for each item may vary depending upon
the final project. For example, more water rights may be purchased or the
cost of the water rights may be more than anticipated. Furthermore, the
53
Regular City Council Meeting
January 13, 2005
Page 54
development costs may be more than anticipated.
The resolution allows $7 million in financing costs. This amount provides
for a bond proceeds funded debt service reserve. In reality, CRMWA's
financial advisor believes they will obtain a surety policy from a bond
insurer in lieu of the cash funded debt service reserve. This will lower the
actual size of the issuance. CRMWA has also agreed, and will confirm in
writing, that the City's portion of the debt will be amortized on a level
debt service basis.
This resolution commits the City of Lubbock to participate with CRMWA
for the issuance and financing of these bonds.
FISCHAL IMPACT:
The City's share of debt service will be added to the annual costs paid to
CRMWA. Based on a 20-year debt service schedule run in mid -December,
with an assumed true interest cost of 4.25%, annual debt service will
approximate $1.45 million. In FY 2004-2005 and FY 2005-2006, the debt
service will be $285,000 and $766,000, respectively. Current rates for FY
2004-2005 can absorb the increase. A 2.39% increase will be required in
FY 2005-2006 and an additional 2.15% will be required for FY
2006-2007. These increases will need to remain in place until the bonds
are paid in FY 2024-2025.
Under this scenario, the current residential water rate ($1.78/1000 gallons)
would increase as follows:
Second year (2.39%): $0.04/1000 gals. ($1.82/1000 gals.)
Third year (2.15%): $0.04/1000 gals. ($1.86/1000 gals.)
This does not include any costs associated with pumping the water from
the well field, transportation, or treatment costs.
Staff recommended approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council
Member Gilbreath to pass Resolution No. 2005-R0027 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
PLANNING AND TRANSPORTATION
Right -of -Way
(51.) Ordinance No. 2005-00004 abandoning and closing a portion of a
20-foot alley located in Block 33, Overton Addition to the City of
Lubbock (409 Avenue T) first reading).
ORDINANCE NO. 2005-00004
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20-FOOT
ALLEY LOCATED IN BLOCK 33, OVERTON ADDITION TO THE CITY OF
LUBBOCK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY
ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Streets/Pavin
This 20-foot by 300-foot alley portion in the Overton Addition is being
closed as part of the McDougal North Overton redevelopment project for
the new Wal-Mart. This alley area is located just east of Avenue T,
between 4ch and 5th Streets. Since McDougal was not the original dedicator
of the alley area being closed, there is a charge for it. The total alley area
being closed is 6,000 square feet and the Right -of -Way Department has
determined a value of $1.50 per square foot for this alley area, or $9,000.
As the alley will remain as an easement, the value is discounted by 50%
for a total amount due to the City of $4,500.
54
Regular City Council Meeting
January 13, 2005
Page 55
FISCAL IMPACT:
Revenue of $4,500.
The Right -of -Way Department recommended approval of the first reading
of this ordinance.
Motion was made by Council Member Price, seconded by Council
Member DeLeon to pass on first reading Ordinance No. 2005-00004 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused on this item.
(52.) Resolution No. 2005-R0028 accepting paving improvements
constructed by Allen Butler Construction Company, Inc. in North
Point Addition, Lots 1-331.
RESOLUTION NO. 2005-R0028
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 1-331, North
Pointe Addition, made arrangements with Allen Butler 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:
North Slide Road from the North lip line of Erskine Street to the North
end of radius of future Jarvis Street, known and designated as New
Subdivision Subunit Number 51 of Unit Number 2043.
North half of Erskine Street from the West end of radius of the alley west
of North Winston Avenue to the West end of radius of North Utica
Avenue (curb and gutter and asphalt ties), known and designated as New
Subdivision Subunit Number 52 of Unit Number 2043.
West half of North Utica Avenue from the North lip line of Erskine Street
to the North end of radius of Kemper Street, known and designated as
New Subdivision Subunit Number 53 of Unit Number 2043.
Kemper Street from the West end of radius of North Vale Avenue to the
West lip line of North Utica Avenue, known and designated as New
Subdivision Subunit Number 54 of Unit Number 2043.
Jarvis Street from the West end of radius of North Vale Avenue to the
West lip line of North Utica Avenue, known and designated as New
Subdivision Subunit Number 55 of Unit Number 2043.
Itasca Street from the East lip line of North Vale Avenue to the cul-de-sac
East of North Vale Avenue, known and designated as New Subdivision
Subunit Number 56 of Unit Number 2043.
North Wayne Avenue/Harvard Drive/Harvard Street from the cul-de-sac
North of Erskine Street to the West lip line of North Utica Avenue, known
and designated as New Subdivision Subunit Number 57 of Unit Number
2043.
North Vinton Avenue/Grinnell Street from the cul-de-sac North of Erskine
Street to the cul-de-sac East of North Vale Avenue, known and designated
as New Subdivision Subunit Number 58 of Unit Number 2043.
Fordham Street from the East lip line of North Vale Avenue to the cul-de-
sac East of North Vale Avenue, known and designated as New
Subdivision Subunit Number 59 of Unit Number 2043.
55
Regular City Council Meeting
January 13, 2005
Page 56
North Vale Avenue from the North lip line of Erskine Street to the South
lip line of Grinnell Street, known and designated as New Subdivision
Subunit Number 60 of Unit Number 2043.
North Vale Avenue from the North lip line of Grinnell Street to the South
lip line of Harvard Street, known and designated as New Subdivision
Subunit Number 61 of Unit Number 2043.
Itasca Street from the West end of radius of Hanover Drive to the West lip
line of North Vale Avenue, known and designated as New Subdivision
Subunit Number 62 of Unit Number 2043.
North Vale Avenue from the North lip line of Harvard Street to the South
lip line of Jarvis Street, known and designated as New Subdivision
Subunit Number 63 of Unit Number 2043.
North Vale Avenue from the North lip line of Jarvis Street to the South lip
line of Kemper Street, known and designated as New Subdivision Subunit
Number 64 of Unit Number 2043.
North Vicksburg Avenue from the North lip line of Erskine Street to the
South lip line of Grinnell Street, known and designated as New
Subdivision Subunit Number 65 of Unit Number 2043.
North Vicksburg Avenue from the North lip line of Grinnell Street to the
South lip line of Harvard Drive, known and designated as New
Subdivision Subunit Number 66 of Unit Number 2043.
Grinnell Street from the East lip line of North Winston Avenue to the
North lip line of Harvard Drive, known and designated as New
Subdivision Subunit Number 67 of Unit Number 2043.
North Winston Avenue from the North lip line of Erskine Street to the
South lip line of Hanover Street, known and designated as New
Subdivision Subunit Number 68 of Unit Number 2043.
Hanover Street/Hanover Drive from the cul-de-sac East of Slide Road to
the South lip line of Itasca Street, known and designated as New
Subdivision Subunit Number 69 of Unit Number 2043,
Itasca Street from the East lip line of Slide Road to the North lip line of
Hanover Drive, known and designated as New Subdivision Subunit
Number 70 of Unit Number 2043.
North Winston Avenue from the North lip line of Itasca Street to the alley
North of Itasca Street, known and designated as New Subdivision Subunit
Number 71 of Unit Number 2043.
North York Avenue from the North lip line of Hanover Street to the South
lip line of Itasca Street, known and designated as New Subdivision
Subunit Number 72 of Unit Number 2043.
Itasca Street from the cul-de-sac West of North Aberdeen Avenue to the
cul-de-sac West of North Slide Road, known and designated as New
Subdivision Subunit Number 73 of Unit Number 2043.
North Aberdeen Avenue from the North lip line of Itasca Street to the
alley North of Itasca Street, known and designated as New Subdivision
Subunit Number 74 of Unit Number 2043.
North Abbeville Avenue from the North lip line of Itasca Street to the
alley North of Itasca Street, known and designated as New Subdivision
Subunit Number 75 of Unit Number 2043.
56
Regular City Council Meeting
January 13, 2005
Page 57
North Aberdeen Avenue from the North lip line of Harvard Street to the
South lip line of Itasca Street, known and designated as New Subdivision
Subunit Number 76 of Unit Number 2043.
Harvard Street from the west lip line of Slide Road to the West end of
alley return West of Aberdeen Avenue, known and designated as New
Subdivision Subunit Number 77 of Unit Number 2043.
The East-West alley North of Itasca Street from North Slide Road to North
Abbeville Avenue, known and designated as Subunit Number 09 of Unit
Number A-463.
The East-West alley North of Itasca Street from North Abbeville Avenue
to North Aberdeen Avenue, known and designated as Subunit Number 10
of Unit Number A-463.
The East-West alley North of Itasca Street from North Aberdeen Avenue
to the North -South alley West of North Aberdeen Avenue, known and
designated as Subunit Number 11 of Unit Number A-463.
The North -South alley West of North Aberdeen Avenue from Harvard
Street to the East-West alley North of Itasca Street, known and designated
as Subunit Number 12 of Unit Number A-463.
The East-West alley North of Harvard Street from North Slide Road to
North Aberdeen Avenue, known and designated as Subunit Number 13 of
Unit Number A-463.
The East-West alley North of Harvard Street from North Aberdeen
Avenue to the North -South alley West of North Aberdeen Avenue, known
and designated as Subunit Number 14 of Unit Number A-463.
The North -South alley West of Slide Road from Harvard Street to Erskine
Street, known and designated as Subunit Number 15 of Unit Number
A-463.
The East-West alley South of Harvard Street from Slide Road to the
North -South alley West of Slide Road, known and designated as Subunit
Number 16 of Unit Number A-463.
The East-West alley North of Itasca Street from North Winston Avenue to
North Slide Road, known and designated as Subunit Number 17 of Unit
Number A-463.
The North -South, East-West alley North of Itasca Street from North
Winston Avenue to Hanover Drive, known and designated as Subunit
Number 18 of Unit Number A-463.
The East-West alley North of Hanover Street from North York Avenue to
North Slide Road, known and designated as Subunit Number 19 of Unit
Number A-463.
The East-West alley North of Hanover Street from North York Avenue to
Itasca Street, known and designated as Subunit Number 20 of Unit
Number A-463,
The East-West alley South of Hanover Street from North Winston Avenue
to North Slide Road, known and designated as Subunit Number 21 of Unit
Number A-463.
The North -South alley East of North Slide Road from Erskine Street to the
East-West alley South of Hanover Street, known and designated as
Subunit Number 22 of Unit Number A-463.
57
Regular City Council Meeting
January 13, 2005
Page 58
The North -South alley East of North Winston Avenue from Erskine Street
to Grinnell Street, known and designated as Subunit Number 23 of Unit
Number A-463.
The North -South, East-West alley South of Hanover Drive from North
Winston Avenue to North Vale Avenue, known and designated as Subunit
Number 24 of Unit Number A-463.
The East-West alley South of Itasca Street from North Vale Avenue to
North Utica Avenue, known and designated as Subunit Number 25 of Unit
Number A-463.
The North -South, East-West alley East of North Winston Avenue from
Harvard Drive to the East-West alley South of Hanover Street, known and
designated as Subunit Number 26 of Unit Number A-463.
The North -South, East-West alley Northwest of North Vinton Avenue
from Erskine Street to North Vicksburg Avenue, known and designated as
Subunit Number 27 of Unit Number A-463.
The North -South, East-West alley North of Grinnell Street from North
Vale Avenue to North Vicksburg Avenue, known and designated as
Subunit Number 28 of Unit Number A-463.
The East-West alley South of Harvard Street from North Utica Avenue to
North Vale Avenue, known and designated as Subunit Number 29 of Unit
Number A-463.
The North -South, East-West alley Southeast of North Vinton Avenue from
Erskine Street to North Vicksburg Avenue, known and designated as
Subunit Number 30 of Unit Number A-463.
The North -South, East-West alley South of Grinnell Street from North
Vale Avenue to North Vicksburg Avenue, known and designated as
Subunit Number 31 of Unit Number A-463.
The East-West alley South of Grinnell Street from North Utica Avenue to
North Vale Avenue, known and designated as Subunit Number 32 of Unit
Number A-463.
The North -South alley East of North Vicksburg Avenue from Erskine
Street to the alley South of Grinnell Street, known and designated as
Subunit Number 33 of Unit Number A-463.
The North -South alley East of North Vale Avenue from Erskine Street to
the East-West alley South of Fordham Street, known and designated as
Subunit Number 34 of Unit Number A-463.
The East-West alley South of Fordham Street from North Utica Avenue to
North Vale Avenue, known and designated as Subunit Number 35 of Unit
Number A-463.
The East-West alley South of Jarvis Street from North Utica Avenue to
North Vale Avenue, known and designated as Subunit Number 36 of Unit
Number A-463.
The East-West alley South of Kemper Street from North Utica Avenue to
North Vale Avenue, known and designated as Subunit Number 37 of Unit
Number A-463.
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
58
Regular City Council Meeting
January 13, 2005
Page 59
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 alleys 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 payment of the City's portion of the cost to the Contractor as follows:
_ Normal City's Extra Width participation for the paving improvements on the
West half of North Utica Avenue in accordance with standard City of Lubbock Paving
policy Provisions, in the amount of $10,881.00.
City's Extra Width participation for the paving improvements on North Slide
Road as set forth in a contract between the City of Lubbock and Sierra Plateau Ltd. dated
October 91h, 2003, (Resolution No. 2003-R0408). The amount of City participation for
Slide Road will not exceed $109,833.30 as stated in the contract.
Total City's participation for this New Subdivision paving acceptance is
$120,714.30.
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 13th day of January, 2005.
/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/ Linda L. Chamales
Linda L. Chamales
Senior Attorney/Office Practice Section
This is a routine acceptance of paving improvements constructed at the
time of platting this new subdivision. This resolution will authorize
payment of the City's extra width cost in the amount of $120,714.30 to the
developer. These improvements consist of street and alley paving and curb
and gutter on:
North Slide Road from the north lip -line of Erskine Street to the north end
of radius of future Jarvis Street, known and designated as New
Subdivision Subunit Number 51 of Unit Number 2043.
North half of Erskine Street from the west end of radius of the alley west
of North Winston Avenue to the west end of radius of North Utica Avenue
(curb and gutter and asphalt ties), known and designated as New
Subdivision Subunit Number 52 of Unit Number 2043.
West half of North Utica Avenue from the north lip -line of Erskine Street
to the north end of radius of Kemper Street, known and designated as New
Subdivision Subunit Number 53 of Unit Number 2043.
59
Regular City Council Meeting
January 13, 2005
Page 60
Kemper Street from the west end of radius of North Vale Avenue to the
west lip -line of North Utica Avenue, known and designated as New
Subdivision Subunit Number 54 of Unit Number 2043.
Jarvis Street from the West end of radius of North Vale Avenue to the
West lip -line of North Utica Avenue, known and designated as New
Subdivision Subunit Number 55 of Unit Number 2043.
Itasca Street from the east lip -line of North Vale Avenue to the cul-de-sac
east of North Vale Avenue, known and designated as New Subdivision
Subunit Number 56 of Unit Number 2043.
North Wayne Avenue/Harvard Drive/Harvard Street from the cul-de-sac
north of Erskine Street to the west lip -line of North Utica Avenue, known
and designated as New Subdivision Subunit Number 57 of Unit Number
2043.
North Vinton Avenue/Grinnell Street from the cul-de-sac north of Erskine
Street to the cul-de-sac east of North Vale Avenue, known and designated
as New Subdivision Subunit Number 58 of Unit Number 2043.
Fordham Street from the east lip -line of North Vale Avenue to the
cul-de-sac east of North Vale Avenue, known and designated as New
Subdivision Subunit Number 59 of Unit Number 2043.
North Vale Avenue from the north lip -line of Erskine Street to the south
lip -line of Grinnell Street, known and designated as New Subdivision
Subunit Number 60 of Unit Number 2043.
North Vale Avenue from the north lip -line of Grinnell Street to the south
lip -line of Harvard Street, known and designated as New Subdivision
Subunit Number 61 of Unit Number 2043.
Itasca Street from the west end of radius of Hanover Drive to the west
lip -line of North Vale Avenue, known and designated as New Subdivision
Subunit Number 62 of Unit Number 2043.
North Vale Avenue from the north lip -line of Harvard Street to the south
lip -line of Jarvis Street, known and designated as New Subdivision
Subunit Number 63 of Unit Number 2043.
North Vale Avenue from the north lip -line of Jarvis Street to the south
lip -line of Kemper Street, known and designated as New Subdivision
Subunit Number 64 of Unit Number 2043.
North Vicksburg Avenue from the north lip -line of Erskine Street to the
south lip -line of Grinnell Street, known and designated as New
Subdivision Subunit Number 65 of Unit Number 2043.
North Vicksburg Avenue from the north lip -line of Grinnell Street to the
south lip -line of Harvard Drive, known and designated as New
Subdivision Subunit Number 66 of Unit Number 2043.
Grinnell Street from the east lip -line of North Winston Avenue to the
north lip -line of Harvard Drive, known and designated as New
Subdivision Subunit Number 67 of Unit Number 2043.
North Winston Avenue from the north lip -line of Erskine Street to the
south lip -line of Hanover Street, known and designated as New
Subdivision Subunit Number 68 of Unit Number 2043.
Hanover Street/Hanover Drive from the cul-de-sac east of Slide Road to
the south lip -line of Itasca Street, known and designated as New
Subdivision Subunit Number 69 of Unit Number 2043.
Itasca Street from the east lip -line of Slide Road to the north lip -line of
Hanover Drive, known and designated as New Subdivision Subunit
Number 70 of Unit Number 2043.
Regular City Council Meeting
January 13, 2005
Page 61
North Winston Avenue from the north lip -line of Itasca Street to the alley
north of Itasca Street, known and designated as New Subdivision Subunit
Number 71 of Unit Number 2043.
North York Avenue from the north lip -line of Hanover Street to the south
lip -line of Itasca Street, known and designated as New Subdivision
Subunit Number 72 of Unit Number 2043.
Itasca Street from the cul-de-sac west of North Aberdeen Avenue to the
cul-de-sac west of North Slide Road, known and designated as New
Subdivision Subunit Number 73 of Unit Number 2043.
North Aberdeen Avenue from the north lip -line of Itasca Street to the alley
north of Itasca Street, known and designated as New Subdivision Subunit
Number 74 of Unit Number 2043.
North Abbeville Avenue from the north lip -line of Itasca Street to the alley
north of Itasca Street, known and designated as New Subdivision Subunit
Number 75 of Unit Number 2043.
North Aberdeen Avenue from the north lip -line of Harvard Street to the
south lip -line of Itasca Street, known and designated as New Subdivision
Subunit Number 76 of Unit Number 2043.
Harvard Street from the west lip -line of Slide Road to the west end of
alley return west of Aberdeen Avenue, known and designated as New
Subdivision Subunit Number 77 of Unit Number 2043.
The east -west alley north of Itasca Street from North Slide Road to North
Abbeville Avenue, known and designated as Subunit Number 09 of Unit
Number A-463.
The east -west alley north of Itasca Street from North Abbeville Avenue to
North Aberdeen Avenue, known and designated as Subunit Number 10 of
Unit Number A-463.
The east -west alley north of Itasca Street from North Aberdeen Avenue to
the north -south alley west of North Aberdeen Avenue, known and
designated as Subunit Number 11 of Unit Number A-463.
The north -south alley west of North Aberdeen Avenue from Harvard
Street to the east -west alley north of Itasca Street, known and designated
as Subunit Number 12 of Unit Number A-463.
The east -west alley north of Harvard Street from North Slide Road to
North Aberdeen Avenue, known and designated as Subunit Number 13 of
Unit Number A-463.
The east -west alley north of Harvard Street from North Aberdeen Avenue
to the north -south alley west of North Aberdeen Avenue, known and
designated as Subunit Number 14 of Unit Number A-463.
The north -south alley west of Slide Road from Harvard Street to Erskine
Street, known and designated as Subunit Number 15 of Unit Number
A-463.
The east -west alley south of Harvard Street from Slide Road to the
north -south alley west of Slide Road, known and designated as Subunit
Number 16 of Unit Number A-463.
The east -west alley north of Itasca Street from North Winston Avenue to
North Slide Road, known and designated as Subunit Number 17 of Unit
Number A-463.
The north -south, east -west alley north of Itasca Street from North Winston
Avenue to Hanover Drive, known and designated as Subunit Number 18
of Unit Number A-463.
The east -west alley north of Hanover Street from North York Avenue to
North Slide Road, known and designated as Subunit Number 19 of Unit
Number A-463.
61
Regular City Council Meeting
January 13, 2005
Page 62
The east -west alley north of Hanover Street from North York Avenue to
Itasca Street, known and designated as Subunit Number 20 of Unit
Number A-463.
The east -west alley south of Hanover Street to North Winston Avenue to
North Slide Road, known and designated as Subunit Number 21 of Unit
Number A-463.
The north -south alley east of North Slide Road from Erskine Street to the
east -west alley south of Hanover Street, known and designated as Subunit
Number 22 of Unit Number A-463.
The north -south alley east of North Winston Avenue from Erskine Street
to Grinnell Street, known and designated as Subunit Number 23 of Unit
Number A-463.
The north -south, east -west alley south of Hanover Drive from North
Winston Avenue to North Vale Avenue, known and designated as Subunit
Number 24 of Unit Number A-463.
The east -west alley south of Itasca Street from North Vale Avenue to
North Utica Avenue, known and designated as Subunit Number 25 of Unit
Number A-463.
The north -south, east -west alley east of North Winston Avenue from
Harvard Drive to the east -west alley south of Hanover Street, known and
designated as Subunit Number 26 of Unit Number A-463.
The north -south, east -west alley northwest of North Vinton Avenue from
Erskine Street to North Vicksburg Avenue, known and designated as
Subunit Number 27 of Unit Number A-463.
The north -south, east -west alley north of Grinnell Street from North Vale
Avenue to North Vicksburg Avenue, known and designated as Subunit
Number 28 of Unit Number A-463.
The east -west alley south of Harvard Street from North Utica Avenue to
North Vale Avenue, known and designated as Subunit Number 29 of Unit
Number A-463.
The north -south, east -west alley southeast of North Vinton Avenue from
Erskine Street to North Vicksburg Avenue, known and designated as
Subunit Number 30 of Unit Number A-463.
The north -south, east -west alley south of Grinnell Street from North Vale
Avenue to North Vicksburg Avenue, known and designated as Subunit
Number 31 of Unit Number A-463.
The east -west alley south of Grinnell Street from North Utica Avenue to
North Vale Avenue, known and designated as Subunit Number 32 of Unit
Number A-463.
The north -south alley east of North Vicksburg Avenue from Erskine Street
to the alley south of Grinnell Street, known and designated as Subunit
Number 33 of Unit Number A-463.
The north -south alley east of North Vale Avenue from Erskine Street to
the east -west alley south of Fordham Street, known and designated as
Subunit Number 34 of Unit Number A-463.
The east -west alley south of Fordham Street from North Utica Avenue to
North Vale Avenue, known and designated as Subunit Number 35 of Unit
Number A-463.
The east -west alley south of Jarvis Street from North Utica Avenue to
North Vale Avenue, known and designated as Subunit Number 36 of Unit
Number A-463.
The east -west alley south of Kemper Street from North Utica Avenue to
North Vale Avenue, known and designated as Subunit Number 37 of Unit
Number A-463.
62
Regular City Council Meeting
January 13, 2005
Page 63
FISCAL IMPACT:
On October 9, 2003 City Council approved a contract with the developer,
Sierra Plateau, Ltd., for the City's extra width cost of paving on North
Slide Road. The contract limits the City's cost for North Slide Road to
$109,833.30.
Also associated with thisacceptance s the City's exta width paving on
t of $10 8811 This amount isrin accordance North Utica in the amour with
the City's paving policy.
Upon acceptance, the City's extra width costs totaling $120,714.30 will be
due to the developer. This amount will be paid from the Streets Capital
Project (Subdivision and Assessment Paving, Project No. 9516). A related
item is included on this agenda to transfer funds into this project for this
payment.
Staff recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2005-R0028 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 39-44.
10:37 A.M. CITY COUNCIL RECESSED
11:00 A.M. CITY COUNCIL WORK SESSION CONVENED
City Council Chambers
All council members were present.
The first item considered was Item 57.
(53.) Presentation of the hotel occupancy tax survey.
Scott Joslove, Texas Hotel & Lodging Association Executive Director,
gave a presentation.
This item was deleted.
(54.) Discussion of the Maxey Park Feasibility Study.
This item was considered following Item 57.
Cory Dulin, P.E., Engineer with Hugo Reed and Associates, Inc. and
Marsha Reed, P.E., Senior Civil Engineer, gave a presentation on flooding
and storm sewers in the Maxey Park area.
Mayor Pro Tern Martin suggested harvesting at least 4,000-5,000 gallons
per day from Maxey Park.
By consensus, utilization of the remaining funds of the study is a good
idea.
At this time, motion was made by Mayor Pro Tern Martin, seconded by
Council Member Gilbreath to reconsider Items 47 and 48. Motion carried:
7 Yeas, 0 Nays.
Items 55-56 were considered following reconsideration of Item 48.
(55.) Staff report on aerial photography cost, timing, and alternatives.
Craig Farmer introduced Sally Abbe and she gave a presentation on the
usefulness of aerial photography. Randy Henson assisted in answering
questions.
Mayor McDougal suggested bringing this item back to the next council
meeting on January 27, 2005.
(56.) Discuss the Sewer Surcharge Program and new EPA/TCEQ
regulations and fines for sewer overflows.
This item was requested by Council Member DeLeon.
63
Regular City Council Meeting
January 13, 2005
Page 64
Celeste Hoehne, Texas Commission on Environmental Quality and Craig
Henderson, Interim Wastewater System Manager, gave a presentation.
The next item considered was Item 58.
(57•) Presentation on the status of Fire Station #13 (located in the
northwest portion of the City).
This was the first item considered in Work Session.
Chief Steve Hailey gave a presentation.
Consensus from Council was to move forward with Station #13, getting
firemen hired and trained. City Manager Fox was asked to come back
with a plan for funding options.
The next item considered was Item 54.
(58.) Presentation and discussion regarding the City's decision -making
process in regards to selecting whether or not to support an applicant
in the State's competition for Housing Tax Credits.
This item was considered following Item 56.
Nancy Haney, Community Development Director, gave a presentation and
requested City Council's guidance on how to respond to applicants for
Housing Tax Credits.
At this time, Mayor Pro Tern Martin addressed the issue of shortening the
agenda and back-up material, trying to save a little money and time. On
today's agenda, there were about ten (10) items that had routine
acceptance of paving and subdivisions. The City Code says that the
Council or the City Engineer can accept those items. Mayor Pro Tem
Martin suggested the staff be directed to have the City Attorney approve
them and let that be the final step. He then asked Lou Fox to inform the
City Engineer after approval, to file the items.
Mayor Pro-Tem Martin reminded council of the Special Council Meeting
on January 18, 2005 at 1:00 p.m.
2:15 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor
McDougal adjourned the meeting.
Read and approved this L 3 day of 2005.
ATTEST:
Re ecca Garza, City Secret
64