HomeMy WebLinkAboutMinutes - City Council - Regular - 2/24/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
February 24, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 24th
day of February, 2006, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:35 A.M. CITY COUNCIL CONVENED
_ City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: 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: Mayor Marc McDougal
1. CITIZEN COMMENTS
I.I. Citizen Appearances:
Ruben White - LISD student progress. (Not present)
Rob Meyer, President, Lubbock Hotel Motel Association - Master
Development Agreement
Rob Meyer spoke to Council in support of the Overton Park four -diamond
hotel. Mayor Pro Tem Martin asked Meyer to let the Hotel Motel Association
know that Council is always looking for new ideas and ways to put Lubbock
on the snap, to show Lubbock to the rest of the world, and provide facilities
for people when visiting Lubbock.
2. EXECUTIVE SESSION
Mayor Pro Tem Martin 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; competitive matters of the public power utility; and
commercial or financial information that the governmental body has received
from a business prospect with which the governmental body is conducting
economic development negotiations, as provided by Subchapter D of Chapter
551 of the Government Code, the Open Meetings Law."
7:42 A. NI. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
2.1. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071, to discuss pending or contemplated litigation or
settlement agreement, and hold a consultation with attorney (Water
Utilities, Electric Utilities, Cemetery, Stormwater).
2.2. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Water Utilities, Right -of -Way).
2.3. 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.
2.4. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters regarding
duties, responsibilities, and/or appointments to the Zoning Board of
Adjustment.
Regular City Council Meeting
February 24, 2006
Page 136
2.5. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
2.5.1 to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
2.5.2 to discuss, 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;
2.5.3 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.
2.6. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.087 to discuss or deliberate regarding commercial or
financial information that the governmental body has received from a
business prospect that the governmental body seeks to have locate, stay,
or expand in or near the territory of the governmental body and with
which the governmental body is conducting economic development
negotiations (Business Development).
9:35 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
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; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor McDougal reconvened the meeting at 9:35 A. M.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation was given by Council Member Price.
3.2. Pledge of Allegiance to the Flags.
Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
3.3. This item was considered following Item 3.5.
3.4. This item was considered following Item 6.5.
3.5. Presentation of a proclamation declaring March 2006 as Wellness in the
Workplace Month in Lubbock.
Mayor McDougal read a presentation, which proclaimed March 2006 as
Wellness in the Workplace Month in Lubbock. Cory Newsom with City Bank
was present to accept the presentation.
3.3. Present honorary citizenship certificates to the visiting delegates.
Musashino City, Japan - Adult Citizen Delegation Visit to Lubbock.
February 23-25, 2006.
Mayor McDougal presented honorary citizenship certificates to the visiting
delegates of Musashino City, Japan. Mr. Izumu Fujii gave comments and
thanked Council for making it possible to carry on a relationship with Japan.
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting,
January 26, 2006 and Special City Council Meeting, January 31, 2006
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Motion was made by Council Member Gilbreath, seconded by Council
Member Price to approve the minutes of the Regular City Council Meeting,
January 26, 2006 as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to approve the minutes of the Special City Council Meeting,
January 31, 2006 as recommended by staff. Motion carried: 6 Ayes, 1 Nay.
Council Member DeLeon voted Nay.
5. CONSENT AGENDA (Items 5.2-5.15.5.17-5.22)
Motion was made by Mayor Pro Tern Martin, seconded by Council Member Price to
approve Items 5.2-5.15, 5.17-5.22 on consent agenda as recommended by staff.
Motion carried: 7 Ayes, 0 Nays.
5.1. This item was moved from consent agenda and considered follo«ing Item
5.22.
5.2. Loan Agreement Resolution - Community Development: Resolution No.
2006-R0073 authorizing the Mayor to execute a Loan Agreement, and all
related documents, between the City of Lubbock and Mr. Michael Anzley
d.b.a. Anzley's Family Dining from the Economic Development Fund
Program.
RESOLUTION NO. 2006-R0073
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 Loan Agreement by and
between the City of Lubbock and Mr. Michael Anzley d.b.a. Anzley's Family Dining
from the Economic Development Fund Program. Said Agreement is incorporated in this
Resolution and is available for review in the City Secretary's office, as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton, Jr.
Bill Howerton, Jr., Community Development Director
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2006-R0073.
The Economic Development Sub -committee of the Community Development
Services Board met and approved an $85,700 loan request submitted by Mr.
Michael Anzley.
The Economic Development Fund 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 responsibility of retaining or creating one job for every
$35,000 borrowed. In this case, Mr. Anzley will be required to create three
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Page 138
full-time equivalent positions. This job must be made available to persons of
low to moderate income.
The Promissory Note is available for review in the City Secretary's office.
FISCAL IMPACT
The Community Development Services Board has approved the $85,700 loan
from Federal Community Development Block Grant (CDBG) funding. As the
loan payments are collected, the funds will be treated as Program Income and
will eventually be allocated to another CDBG project.
5.3. Loan Agreement Resolution - Community Development: Resolution No.
2006-R0074 authorizing the Mayor to execute a Loan Agreement, and all
related documents, between the City of Lubbock and Mr. Asaad
Mousavijam d.b.a. MLK Burger from the Economic Development Fund
Program.
RESOLUTION NO.2006-R0074
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 Loan Agreement by and
between the City of Lubbock and Mr. Asaad Mousavijam d.b.a. MLK Burger from the
Economic Development Fund Program. Said Agreement is incorporated in this
Resolution and is available for review in the City Secretary's office, as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howeron, Jr.
Bill Howerton, Jr., Community Development Director
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2006-R0074.
The Economic Development Sub -committee of the Community Development
Services Board met and approved a $45,800.82 loan request submitted by Mr.
Asaad Mousavijam.
The Economic Development Fund 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. Mr. Mousavijam has been approved for an additional
amount of $28,000 that will be added to his current loan. He has already met
the job creation requirements of the program. His contract required him to
create three new jobs and make them available to low to moderate income
persons. To date, he has created a total of six full-time equivalents. All jobs
have gone to persons of low -to -moderate income.
The promissory note is available for review in the City Secretary's office.
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FISCAL IMPACT
The Community Development Services Board has approved the $45,800.82
loan from Federal Community Development Block Grant (CDBG) funding.
As the loan payments are collected, the funds will be treated as Program
Income and will eventually be allocated to another CDBG project.
5.4. Master Development Agreement Resolution - Business Development:
Resolution No. 2006-R0075 authorizing the Mayor to execute an
Amended and Restated Master Developer and PID Reimbursement
Agreement with Vintage Land Company, Ltd., and associated
documents.
RESOLUTION NO.2006-R0075
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 Amended and Restated
Master Development and PID Reimbursement Agreement between the City of Lubbock
and Vintage Land Company, Ltd. and associated 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 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rob Allison
Rob Allison, Executive Director
Development Services
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. 2006-R0075.
Paul Stell, Stellar Land Company, Ltd. (Developer) intends to construct
certain public amenities for a new, mixed -use development located within the
corporate limits of the City, to be known as "Vintage Township". The City
Council approved a Master Development Agreement and a Creation
Resolution at the December 15, 2005 Council Meeting. The amenities,
defined in the agreement and the Creation Resolution, will be constructed in
accordance with the terms, conditions and requirements of certain codes,
ordinances, and agreements that are required by the City and that relate to the
construction of public and private infrastructure within this development.
Included in the backup is an Amended and Restated Master Development
Agreement that includes the increase in the cost of the improvements from $6
million to $9 million and includes that the City or the Public Facilities
Corporation (PFC) intends to initially issue a note to Paul Stell at the time
assessments are levied and that the note will be paid from assessments or
refunded with bonds issues by the PFC when Mr. Stell and the underwriter are
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ready to issue the bonds. The purpose of the temporary note is to enact the
assessments until Mr. Stell and the underwriter issue bonds.
FISCAL IMPACT
The Developer is responsible for all costs associated with the establishment of
this Public Improvement District and related debt service.
Staff recommended approval of this contract.
5.5. Interlocal Agreement Resolution - Police: Resolution No. 2006-R0076
authorizing the Mayor to execute an Interlocal Agreement by and
between the City of Lubbock and the County of Lubbock to allow a joint
application for the aggregate of funds allocated to Lubbock County from
Bureau of Justice, Office of Justice Programs, under the 2006 Edward
Byrne Memorial Justice Assistance Grant program.
RESOLUTION NO.2006-R0076
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement to
allow a joint application for the aggregate of funds allocated to Lubbock County from the
Bureau of Justice, Office Programs, under the Edward Byrne Memorial Justice
Assistance Grant (JAG) Program by and between the City of Lubbock and County of
Lubbock, and all related documents. Said Agreement is attached hereto and incorporated
in this resolution as if fully set forth herein and shall be included in the minutes of the
City Council.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2006-R0076.
The 2006 Edward Byrne Memorial Justice Assistance Program (JAG) will
fund local law enforcement and prosecution/court general-purpose initiatives.
These local government initiatives will focus on preventing and controlling
crime and improving the criminal justice system. According to Bureau of
Justice (BJA), Lubbock County is a disparate jurisdiction. A disparity occurs
when one local government (City) is scheduled to receive one and one half
times more federal funding than another local government (County), while the
other unit is responsible for more than 50% of the costs of prosecution or
incarceration that arise from violent crimes reported by the individual local
governments.
JAG disparates are certified by the Director of BJA based in part on input
from the Texas Attorney General. By federal law, disparate jurisdictions must
submit a joint application for the aggregate of funds allocated to them.
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The City will be the lead grantee for this program.
FISCAL IMPACT
None. The 2006 Edward Byrne Memorial Justice Assistance Grant does not
require matching funds.
Staff recommended approval of this resolution.
5.6. Grant Application Resolution - Police: Resolution No. 2006-R0077
authorizing the Police Department to submit for and on the behalf of the
City of Lubbock an application with the United States Department of
Justice, and any associated documents, for a Edward Byrne Memorial
-- Justice Assistance grant in the amount of $168,534 to fund the Lubbock
County Joint Enforcement Initiative program.
RESOLUTION NO.2006-R0077
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock hereby authorize and direct the Police
Department to submit for and on the behalf of the City of Lubbock an Application with
the United States Department of Justice, and any associated documents, for a Edward
Byrne Memorial Justice Assistance (JAG) grant in the amount of $168,534 to fund the
Lubbock County Joint Enforcement Initiative program, said grant agreement requiring no
local cash match.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
The Edward Byrne Memorial Justice Assistance Grant (JAG) funds local
government activities to prevent and control crime and to improve the
Criminal Justice System. The City of Lubbock and the County of Lubbock
are eligible to receive funding under this grant award, thus creating a funding
disparity. Due to this disparity, the JAG application is now for Lubbock
County rather than the City and the County separately. However, the City of
Lubbock Police Department will manage this grant.
The Lubbock County Joint Enforcement Initiative program will spend funds
for radio/data communications infrastructure upgrades, public safety software,
and Lubbock County technology purchases. The City will be the primary
grantee, with the County as a sub -grantee. The City will be responsible for all
financial tracking and reporting to the Department of Justice.
FISCAL IMPACT
None. The 2006 Edward Byrne Memorial Justice Assistance Grant does not
require a local cash match.
Staff recommended approval of this resolution.
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5.7. Authorization Resolution - Water Utilities: Resolution No. 2006-R0078
authorizing acceptance of water and sanitary sewer improvements for
Lots 77 - 141, Bacon Crest Addition to the City of Lubbock, Lubbock
County, Texas, bound by 75th Street, 76th Street, Iola Avenue, and
Kewanee Avenue.
RESOLUTION NO.2006-R0078
A RESOLUTION ACCEPTING LOTS 77 - 141, BACON CREST ADDITION
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 77 - 141, Bacon Crest Addition to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $231,013.09 with the
improvements constructed by Utility Contractors of America, having a value of
$195,238.60 as determined by the unit prices established by said Chapter 28, and
$9,771.44 cash paid to the City, which amount includes $5,843.54 cash for adjacent lines,
with George McMahan, the developer, to receive a refund of $88,165.38 in accordance
with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of
deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $88,165.38 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin P.E., Chief Water Utilities Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney/Office Practice
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the developer to the City of Lubbock. The system is
added to the City inventory, and there are no expenditures involved in
accepting the ownership.
This subdivision is located between 75th and 76th Streets, and Iola and
Kewanee Avenues.
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FISCAL IMPACT
The system, when accepted, will be maintained by the City of Lubbock and
will produce revenue to the City of Lubbock through the sale of services to the
public.
Staff recommended acceptance of the improvements.
5.8. Authorization Resolution - Water Utilities: Resolution No. 2006-R0079
authorizing acceptance of water and sanitary sewer improvements for
Tract A, Chisum Travel Center Addition, City of Lubbock, Lubbock
County, Texas, bound by US Highway 84 and Zenith Avenue.
-" RESOLUTION NO.2006-R0079
A RESOLUTION ACCEPTING TRACT A, CHISUM TRAVEL CENTER
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Tract A, Chisum Travel Center Addition to the
City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article
IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water
and sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $158,655.31 with the
improvements constructed by L & N Construction, Inc., having a value of $155,684.25
as determined by the unit prices established by said Chapter 28, and $2,971.06 cash paid
to the City, which amount includes $0.00 cash for adjacent lines, with Z 8 Properties,
Ltd., the developer, to receive a refund of $59,977.98 in accordance with Chapter 28 of
the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of
$0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $59,977.98 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin P.E., Chief Water Utilities Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney/Office Practice
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This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the Developer to the City of Lubbock. There are no
expenditures involved in accepting the ownership.
The Subdivision is located on the North of US Highway 84, and East of
Zenith Avenue.
FISCAL IMPACT
The system will be maintained by the City of Lubbock and will produce
revenue to the City of Lubbock through the sale of services to the public.
Staff recommended approval of this resolution.
5.9. Authorization Resolution - Water Utilities: Resolution No. 2006-R0080
authorizing the acceptance of water and sanitary sewer improvements for
Tract A, Moran Addition to the City of Lubbock, Lubbock County,
Texas, bound by 82nd Street and Pontiac Avenue.
RESOLUTION NO.2006-R0080
A RESOLUTION ACCEPTING TRACT A, MORAN ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Tract A, Moran Addition to the City of Lubbock,
Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of
the Code of Ordinances of the City of Lubbock, in providing the water and sewer
improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $169,428.38 with the
improvements constructed by Llano Utility Services, Inc., having a value of
$145,585.00 as determined by the unit prices established by said Chapter 28, and
$23,843.38 cash paid to the City, which amount includes $20,931.67 cash for adjacent
lines, with Moran Investments, the developer, to receive a refund of $0.00 in
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $0.00 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
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Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin P.E., Chief Water Utilities Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney/Office Practice
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions from the developer to the City of Lubbock. There are no
expenditures involved in accepting the ownership.
The Subdivision is located between 82nd and 84th Streets, and East of Pontiac
Avenue.
FISCAL IMPACT
The system will be maintained by the City of Lubbock and will produce
revenue to the City of Lubbock through the sale of services to the public.
Staff recommended approval of this resolution.
5.10. Authorization Resolution - Water Utilities: Resolution No. 2006-R0081
authorizing acceptance of water and sanitary sewer improvements for
Lots 47 - 96, Fountain Hill Addition to the City of Lubbock, Lubbock
County, Texas, bound by 111th Street, 112th Street, Frankford Avenue,
and Gardner Avenue.
RESOLUTION NO.2006-R0081
A RESOLUTION ACCEPTING LOTS 47 - 96, FOUNTAIN HILLS
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Lots 47 - 96, Fountain Hills Addition to the City
of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and
sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $160,565.97 with the
improvements constructed by Utility Contractors of America, having a value of
$119,160.00 as determined by the unit prices established by said Chapter 28, and
$30,565.07 cash paid to the City, which amount includes $26,092.07 cash for adjacent
lines, with Carl Mortensen, the developer, to receive a refund of $28,529.20 in
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer improvements was
performed under the supervision of the water utilities engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as an
integral part of the water and sewer system of the City of Lubbock.
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SECTION 2. THAT the refundable cost in the amount of $28,529.20 be made in
accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin
Wood Franklin P.E., Chief Water Utilities Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney/Office Practice
This is a routine transfer of ownership of water and sewer lines installed in
new subdivisions, from the developer to the City of Lubbock. There are no
expenditures involved in accepting the ownership.
The Subdivision is located between IIIth and II2th Streets, and Frankford
and Gardner Avenues.
FISCAL IMPACT
The system when accepted will be maintained by the City of Lubbock and
will produce revenue to the City of Lubbock through the sale of services to the
public.
Staff recommended approval of this resolution.
5.11. This item was considered and approved on consent agenda and then
reconsidered following Item 5.16.
5.12. Master Lease Resolution - Finance: Resolution No. 2006-R0082
approving equipment to be purchased as part of the Master Lease
Program for FY 2005-06.
RESOLUTION NO.2006-R0082
WHEREAS, by Resolution dated September 21, 2005, Resolution No. 2005-
R0460 (the "Original Resolution"), the City Council of the City of Lubbock found it to be
in the best interest of the citizens of the City of Lubbock to approve certain equipment to
be purchased as part of the Master Lease Program budgeted for the FY 2005-06
Operating Budget;
WHEREAS, additional equipment is in need of being purchased as a part of the
Master Lease Program budgeted for the FY 2005-06 Operating Budget;
WHEREAS, the City Council of the City of Lubbock finds it to be in the best
interest of the citizens of the City of Lubbock to amend the Original Resolution to add
such equipment to be purchased as part of the Master Lease Program budgeted for the FY
2005-06 Operating Budget; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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THAT the Original Resolution is hereby amended (i) by deleting Exhibit "A",
attached thereto, being a description of the equipment to be purchased originally as part
of the Master Lease Program budgeted for the FY 2005-06 Operating Budget; and (ii) by
adding to the Original Resolution Exhibit "A", attached hereto, being a correct
description of the equipment to be purchased as part of the Master Lease Program
budgeted for the FY 2005-06 Operating Budget.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the equipment to be purchased as part of the Master Lease Program
budgeted for the FY 2005-06 Operating Budget as specified on the Revised Master Lease
List attached hereto as Exhibit "A" and made a part hereof for all intents and purposes, is
hereby approved.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeffrey Yates
Jeffrey Yates, Chief Financial Officer
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner, First Assistant City Attorney
A copy of the Exhibit "A" is filed with Resolution No. 2006-R0082.
On September 21, 2005, the City Council adopted the FY 2005-06 Master
Lease List. The Master Lease List is the approved equipment purchase for the
FY 2005-06 Budget Year. This equipment will be purchased through the
Master Lease agreement with Banc of America. The Master Lease Program
allows the City to amortize the cost of the equipment over the life of the
equipment at a favorable interest rate. Through this amortization the City can
maximize the equipment purchase each year and minimize the cost.
This resolution will update the FY 2005-06 Master Lease List to reflect the
following additions:
1. The addition of 1 Fire Tanker, to replace a recently totaled tanker. The
purchase price of the tanker will be offset by any insurance payments
received. The estimated purchase price is $148,000.
2. The addition of the Building Inspection Software, this item was previously
approved through a budget ordinance on December 1, 2005, but needed to
be added to the approved list. The estimated purchase price is $115,000.
3. The addition of the Automated Mapping and Facilities Management
(AM/FM) Project, this item is a joint venture between Lubbock Power &
Light, the Water Utility, Wastewater Utility, and Solid Waste. The
program includes the purchase of the needed software, instillation, and
hardware. The Future Master Lease payments will come from the
appropriate funds.
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FISCAL IMPACT
The lease payment has already been included in the approved FY 2005-06
operating budget.
Staff recommended approval of this resolution.
5.13. Right -of -Way Ordinance 1st Reading - Right -of -Way: Ordinance No.
2006-00020 abandoning and closing a portion of 19th Street -'vest of Dixie
Drive, property located at 1902 Dixie Drive.
ORDINANCE NO.2006-00020
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 197H
STREET LOCATED ADJACENT TO LOT 24, DIXIE LAND ADDITION, AN
ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH
IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE
CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
City Ordinance 726 adopted in September 1945 established the building lines
for the south side of 19th Street, from University Avenue to Avenue D, in
anticipation of the widening of that street. In 1947, Buster Welch conveyed to
the City additional right-of-way located at the southwest corner of 19th Street
and Dixie Drive, one block east of Avenue Q, for the widening of 19th Street
along the north side of Lot 24, Dixie Land Addition. Shortly after, a building
was constructed on Lot 24 and building plans indicated that the building was
to be built on the south lot line. However, either due to a survey mistake or to
human error, the building was constructed approximately six feet north of the
south property line putting the north portion of it into the recently dedicated
south right-of-way of 19th Street.
Mr. Malcom Womack has owned this property since 1976 and has decided to
sell this property and a recent survey shows this building encroachment. In
order to convey title to the new owner, Mr. Womack is asking that the City
abandon and close this 407 square foot portion of 19th Street under his
building. At the next City Council meeting, the second reading of this
ordinance will be read along with a resolution and a Quitclaim Deed
conveying this street portion. Since Mr. Womack was not the original owner,
there will be a charge for these 407 square feet. From adjacent property
values and a review of existing sales comparables, a value of three dollars per
square foot is determined. Therefore, the value of this street closure area to be
charged to Mr. Womack is $3.00 X 407 sq. ft. = $1,221.
FISCAL IMPACT
Income to the City of $1,221.
Staff recommended approval of the first reading of this ordinance.
5.14. Right -of -Way Ordinance 1st Reading - Right -of -Way: Ordinance No.
2006-00021 abandoning and closing a portion of Albany Avenue just
north of 68th street, property located at 6601 Albany Avenue.
ORDINANCE NO.2006-00021
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF
FRANKFORD AVENUE LOCATED IN SECTION 5, BLOCK E-2, LUBBOCK
COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
This ordinance abandons and closes a 9,234.72 square foot portion of Albany
Avenue just north of 68th Street. This portion of Albany Avenue was
dedicated by the plat of Lot 2, Sentry Park Addition in 1977. At that time, all
that was dedicated was the east one-half of the street. In 1994, the City
constructed the 66th Street to 69th Street crossover street from Slide Road
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westward to Bangor Avenue. This street design made this portion of Albany
Avenue no longer needed and also created an unusable remnant between Lot 2
and the new alignment of 66th Street, 69th Street, and Albany Avenue. This
unusable 6,959 square foot remnant was sold in 2002 by the City to Benny
Nixon for Commercial Property Services for $2,000 and who is the requestor
of this Albany Avenue street closure. The appraised value for this Albany
Avenue street area being closed is $2,770.42 ($0.60 X 9,234.72 square feet =
$5,540.83 less 50% remaining as an easement).
The City of Lubbock's street closure resolution allows for a credit against the
charge for this street area being closed, but not in excess thereof, for the
dedication of other property to the City in exchange for this portion of Albany
Avenue being closed. At 7336 82nd Street, the City of Lubbock installed a
water line along the east side of Lot 2-A, A&O Addition, west of Upland
Avenue. This was in an area of the subdivision that was originally an alley
but was closed when the addition was replatted by the County. Lot 2-A is
owned by Mr. Nixon and he is willing to give the City an easement for our
water line in exchange for this portion of Albany Avenue being closed. The
value of this 10-foot water line easement along the east 10-feet of Lot 2-A is
valued at $2,937.38.
Following the guidelines of the City's street closure resolution, this area of
Albany Avenue being closed will be evenly exchanged for the water line
easement at 7336 82nd Street with Mr. Nixon.
Staff recommended approval of the first reading of this ordinance.
5.15. Contract Resolution - Health: Resolution No. 2006-R0083 authorizing
and directing the Mayor to execute contract Change Notice No. 5 with the
Texas Department of State Health Services (DSHS Document No.
760005906 2006) for STD and HIV prevention and testing activities, and
any associated documents by and between the City of Lubbock and the
Texas Department of State Health Services.
RESOLUTION NO.2006-R0083
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. 5 to a Contract
with the Texas Department of State Health Services (DSHS Document No. 7560005906
2006) for STD and HIV prevention and testing activities 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. 5 and associated documents are attached hereto
and which shall be spread upon the minutes of this Council and as spread upon the
minutes of this Council shall constitute and be a part hereof as if fully copied herein in
detail.
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Passed by the City Council this 24th day of February, 2006.
/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/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Contract Change No. 5 and associated documents is filed with Resolution
No. 2006-R0083.
This contract provides funding under the Regional and Local Services Section
and Local Public Health System, commonly referred to as "Triple 0" funds.
The initial six month funding for "Triple 0" under our FY2006 contract with
Department of State Health Services (DSHS) was approved by Council on
September 21, 2005, Resolution #2005-R0445. This current request funds the
remaining six-month period covering February 28 through August 31, 2006.
The funding delay was attributed to federal funding issues.
This FY 2006 annual contract with DSHS, Document No. 7560005906 2006,
provides financial assistance to improve or strengthen local public health
infrastructure by developing objectives to address public health issues and
utilize resources provided through this contract to conduct activities and
services that provide or support the delivery of essential public health
services. Programs will also assess, monitor, and evaluate the essential public
health services, and develop strategies to improve the delivery of essential
public health services to identified service areas.
This program supports comprehensive public health services that are
consistent with the Health Department Mission Statement. This program
supports developing a functional and effective public health system with the
specific goal of improving public health capacity to respond to both emerging
and continuing public health threats. Program objectives include sexually
transmitted disease treatment and education, working with child-care agencies
and schools on proper hand -washing procedures, cancer awareness education,
and blood pressure screenings. The Sexually Transmitted Disease Program is
designed to stop the spread of disease by tracking down the partners of those
diagnosed with sexually transmitted diseases and either treating them or
referring them to another clinic or physician.
These programs fulfill the core missions of public health — disease
prevention and health education. Without funding from the Department of
State Health Services contract, our local public health efforts would be greatly
impaired and the risk of illness to Lubbock citizens would increase.
FISCAL IMPACT
$48,927 in financial assistance provides partial funding for salaries and fringe
benefits for two STD Program employees, one laboratory employee, and one
health education employee for the six-month period from February 28 through
August 31, 2006. The amount approved for the entire contract year is
$108,204, the same funding received in FY2005.
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Staff recommended approval of this resolution.
5.16. This item was moved from consent agenda and considered following Item
5.1.
5.17. Contract Amendment Resolution - Public Works Engineering:
Resolution No. 2006-R0084 authorizing the Mayor to execute
Amendment No. 5 to an agreement with Parkhill, Smith & Cooper, Inc.
for design services on the Milwaukee Avenue Paving Project.
RESOLUTION NO.2006-R0084
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 No. 5 to the
Agreement for Engineering Services between the City of Lubbock and Parkhill, Smith &
Cooper, Inc. for the design and construction of Milwaukee Avenue between 34`h Street
and 981h Street. Said Amendment is attached hereto and incorporated in this Resolution
as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 24th day of February 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Amendment is filed with Resolution No. 2006-R0084.
Parkhill, Smith & Cooper, Inc. (PSC) was the design consultant selected for
performing engineering services on the Milwaukee Avenue Paving Project to
pave from 34th Street to 92nd Street. Amendment No. 5 to the agreement
with PSC includes evaluating alignment alternatives at the 98th Street and
Milwaukee Avenue intersection. A playa lake exists on the west side of
Milwaukee Avenue on both sides of the 98th Street section line. It may be
desirable to align 98th Street around the perimeter of the lake area rather than
through the lake.
There is interest by developers on both the east and west side of Milwaukee
Avenue to extend the paving southward to at least 94th Street in the near
future. Developers are also working on preliminary plats southward to 98th
Street. Determining the alignment of 98th Street and Milwaukee Avenue is
necessary for future platting and development. Depending on design
decisions, it may also be necessary to realign Milwaukee Avenue somewhat
east of the current north -south section line.
Amendment No. 5 includes the following tasks:
Meet with developers, landowners, and City staff on plans, needs and
design criteria
Evaluate preliminary alignments for 98th Street and Milwaukee Avenue
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Expedite review of Milwaukee Avenue alignment southward to 94th
Street because of immediate development needs
Ongoing coordination with adjacent developers and landowners
Ongoing project management and coordination, including investigation of
utility issues
Provide final recommended alignment with technical memoranda
Amendment No. 5 will increase the original contract $61,665.
The agreement and amendments are as follows:
Original Agreement (Study & Report) _
$122,830
Amend No. 1 (Detailed Design) =
967,235
Amend No. 2 (Geotechnical Work) =
30,488
Amend No. 3 (Revised Stop Order) =
0
Amend No. 4 (Traffic Signal Design) =
20,183
Amend No. 4 (Bid & Construction Services) =
461,307
Amend No. 5 (98th & Milwaukee Alignment)=
61,665
Total Agreement with Amendments =
$1,663,708
FISCAL IMPACT
There is a total project budget of $20,500,000 for the Milwaukee Avenue
Project involving paving from 34th Street to 98th Street.
Engineering Agreement with Amendments = $1,663,708
Current Construction Contract with Change Orders = $17,560,561
TOTAL = $19,224,269
Staff recommended approval of this resolution.
5.18. Contract Resolution - Aviation: Resolution No. 2006-R0085 for
Landscape Maintenance Services at Lubbock Preston Smith
International Airport - Annual Pricing, ITB #06-004-13M.
RESOLUTION NO.2006-R0085
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 landscape
maintenance service at L.P.S.I.A — annual pricing, per ITB #06-004-BM, by and between
the City of Lubbock and Community Lawn Care of Lubbock, Texas, and related
documents. Said Contract is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
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Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ James W. Loomis
James Loomis, Director of Aviation
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2006-R0085.
This bid establishes annual pricing for landscape maintenance services for the
terminal building area and Martin Luther King Blvd. north of Regis Street.
Forty eight local contractors were notified of this Invitation to Bid and three
responded.
FISCAL IMPACT
A total of $165,085 was appropriated with $142,751 available in account
number 4615.8302 Professional Services.
Staff recommended contract award to Community Lawn Care of Lubbock,
Texas for $55,100.16.
5.19. Purchase Resolution - Fire Department: Resolution No. 2006-R0086 for
the purchase of one dive rescue vehicle.
RESOLUTION NO.2006-R0086
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards purchase of the property described as Dive
Rescue Vehicle, as more particularly described in that certain product pricing based on
contract from H-GAC (the "Property"), to DACO of Lubbock, Texas.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Director of Purchasing and Contract Management or his/her designee,
BE and is hereby authorized and directed to execute for and on behalf of the City of
Lubbock any and all purchase orders and related documents regarding the purchase of the
Property.
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Page 154
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman
Director of Purchasing and Contract Management
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R0086.
The purpose of this acquisition is to replace a 1978 panel van that was
modified by the Fire Department in 1990 to serve as a dive rescue vehicle.
This vehicle is becoming increasingly unsafe for Fire Department personnel to
drive within the city limits and to Lake Alan Henry due to the age, mileage
and physical condition of this vehicle. In addition, this vehicle cannot carry
the required dive equipment without being overloaded and exceeding Texas
Department of Transportation weight regulations. The dive rescue vehicle will
be purchased through the Houston -Galveston Area Council (H-GAC)
purchasing cooperative. H-GAC is a regional planning commission created
under the Acts of the 59th Legislature, Regular Session, 1965, re -codified as a
Texas Local Government Code, Chapter 391.
FISCAL IMPACT
A total of $223,350 was appropriated under the City's master lease and is
available in the General Fund account 100.9220, Equipment Capital Outlay
Vehicles for this purpose.
Staff recommended purchase order to DACO of Lubbock, Texas for
$223,350.
5.20. Purchase Resolution - Fire Department: Resolution No. 2006-R0087 for
the purchase of two 1250 GPM pumper fire trucks.
RESOLUTION NO.2006-R0087
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards purchase of the property described as 1250
GPM Pumpers with Cyclose II Chassis, as more particularly described in that certain
product pricing based on contract from BuyBoard (the "Property"), to Dooley tackaberry,
Inc., of Deer Park, Texas.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Director of Purchasing and Contract Management or his/her designee,
BE and is hereby authorized and directed to execute for and on behalf of the City of
Lubbock any and all purchase orders and related documents regarding the purchase of the
Property.
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Page 155
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman
Director of Purchasing and Contract Management
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R0087.
The purpose of this acquisition is to replace two pumper fire trucks scheduled
for normal replacement that have approached the end of their service life and
that cease to meet the latest NFPA Standard 1901 for Automotive Fire
Apparatus. The trucks will be purchased through the BuyBoard purchasing
cooperative. The cooperative is administered by the Texas Association of
School Boards and is endorsed by the Texas Association of Counties.
FISCAL IMPACT
A total of $666,050 was appropriated under the City's master lease and is
available in the General Fund account 100.9220, Equipment Capital Outlay
Vehicles for this purpose.
Staff recommended purchase order to Dooley Tackaberry Inc. of Deer Park,
Texas for $666,050.
5.21. Purchase Resolution — Fire Department: Resolution No. 2006-R0088 for
the purchase of one 1800 gallon pumper tanker fire truck.
RESOLUTION NO.2006-R0088
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards purchase of the property described as Pierce
IHC 1800 Gallon Dryside Tanker, as more particularly described in that certain product
pricing based on contract from H-GAC (the "Property"), to Martin Apparatus, Inc. of
Denton, Texas.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Director of Purchasing and Contract Management or his/her designee,
BE and is hereby authorized and directed to execute for and on behalf of the City of
Lubbock any and all purchase orders and related documents regarding the purchase of the
Property.
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Page 156
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman
Director of Purchasing and Contract Management
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2006-R0088.
This purchase is for one Pierce IHC 1800 gallon pumper tanker fire truck to
replace a fire truck that was destroyed in a traffic accident in route to an
emergency call. The current dry conditions in the region, along with dormant
and dead vegetation in the community, have escalated fire hazards requiring
immediate replacement of the destroyed fire truck. The new pumper tanker
will be purchased through the Houston -Galveston Area Council (H-
GAC)purchasing cooperative. H-GAC is a regional planning commission
created under Acts of the 59th Legislature, Regular Session, 1965, re -codified
as Texas Local Government Code, Chapter 391.
FISCAL IMPACT
A total of $147,639 was appropriated under the City's master lease and is
available in the General Fund account 100.9220, Equipment Capital Outlay
Vehicles.
Staff recommended purchase order to Martin Apparatus, Inc. of Denton,
Texas for $147,639.
5.22. Code of Ordinances Ordinance 1st Reading - Finance: Ordinance No.
2006-00022 making modifications to the Street Lighting Cost Recovery
Program.
ORDINANCE NO.2006-00022
AN ORDINANCE AMENDING SECTIONS 25-6(B)(4) OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY THE ADDITION OF
REGULATIONS GOVERNING THE INSTALLATION OF STREET LIGHTS IN NEW
SUBDIVISIONS; REQUIRING PAYMENT OF FEES RELATED TO SUCH
INSTALLATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Currently the City provides the installation of street lighting to developers in
new developments for a $600 per standard/fixture cost recovery fee. The
installation work is performed by Lubbock Power and Light for the City at an
approximate cost of $2,500 per standard/fixture. The cost recovery fee has
not been reviewed or changed in over ten years. Because of the lack of
adjustment to this fee, the City is providing and subsidizing the installation of
street lights within new developments at a cost of approximately $1,900 per
street light funded from the General Fund.
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The adoption of this ordinance will accomplish the following objectives:
1. Eliminate the cost to the General Fund for the installation of street lights
in new developments.
2. Provide an appropriate cost recovery fee of $70 per standard/fixture for
the design of materials, installation and specifications, and the inspection
of construction. This will ensure the installation of street lighting is
performed in compliance with appropriate City specifications.
3. Provide developers with the freedom to select their contractor for the
installation of street lighting in new developments only requiring that they
meet the necessary engineering standards and pass a final construction
inspection.
4. Allow LP&L to participate as a contractor and provide this service to the
development community directly without involvement from the City.
5. Allow developers a means to select non-traditional standards/fixtures
within a new development at their cost while meeting engineering and
construction standards.
FISCAL IMPACT
The adoption of this ordinance will eliminate the cost to the General Fund of
street lighting in new developments. The new cost recovery fee of $70 per
standard/fixture will recover the actual cost to the General Fund for the
needed engineering and inspection that must occur before the City will accept
the improvements, much like the current practice for street and storm water
improvements. Estimated revenue will be based on the planned new
developments and the number of standards/fixtures required. The revenue
estimate will be included in the FY 2006-07 Operating Budget. Current staff
levels should be sufficient to provide this service.
LP&L will provide the service to the development community as a contractor.
They will receive all revenues generated by the fee of $2,500 per traditional
standard/fixture for the actual installation work. Non-traditional
standard/fixture cost will be negotiated by LP&L. The LP&L Board will make
the determination on needed budgetary and operational changes necessary to
fulfill the requirements of this ordinance.
5.1. Election Ordinance 2nd Reading - City Secretary: Ordinance No.
2006-00016 Ordinance No. 2006 ordering the 2006 regular municipal
election of the City of Lubbock, to be held May 13, 2006. Said City
general election shall be held in the voting places designated in Exhibit A.
Early voting by personal appearance shall be conducted at the locations,
days, and hours indicated on Exhibit B.
ORDINANCE NO.2006-00016
AN ORDINANCE ORDERING THE 2006 REGULAR MUNICIPAL
ELECTION OF THE CITY OF LUBBOCK; INDICATING THOSE OFFICERS TO BE
ELECTED; PROVIDING FOR AN ACCESSIBLE ELECTRONIC VOTING SYSTEM
TO BE USED; ESTABLISHING POLLING PLACES; APPOINTING ELECTION
JUDGES; ESTABLISHING HOURS FOR VOTING; ADOPTING THE SEALED
BALLOT BOX PROCEDURE; PROVIDING FOR EARLY VOTING; DIRECTING
THE CITY SECRETARY TO GIVE NOTICE OF THE REGULAR MUNICIPAL
ELECTION OF THE CITY OF LUBBOCK; AND PROVIDING AN EFFECTIVE
DATE.
The Lubbock City Council deems it to be in the best interest of the citizens of
Lubbock to order a regular city election for the purpose of electing municipal
officers to be held on May 13, 2006, pursuant to the Texas Election Code, the
Lubbock City Charter, and City ordinances.
Said election shall be for the purpose of electing the following officers of the
City of Lubbock:
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MAYOR (AT LARGE) 2 YEAR TERM
COUNCIL MEMBER, DISTRICT 1 4 YEAR TERM
COUNCIL MEMBER, DISTRICT 3 4 YEAR TERM
COUNCIL MEMBER, DISTRICT 5 4 YEAR TERM
FISCAL IMPACT
Based on county and city projections, historical publication costs, voting
machine rental cost, and other related miscellaneous expenses, the estimated
cost for this election is approximately $125,000, which has been included in
the Adopted FY 2005-06 Operating Budget.
Staff recommended approval of the second reading of this ordinance.
Motion was made by Council Member Jones, seconded by Council Member
Gilbreath to pass on second and final reading Ordinance No. 2006-00016
with the additions to Exhibit `B" handed out at the dais. Motion carried: 7
Ayes, 0 Nays.
5.16. Contract Resolution - Parks & Recreation: Resolution No. 2006-R0089
authorizing the Mayor to execute a contract amendment with Chapman
Harvey Architects, Inc. for architectural and engineering services for the
development of the Martin Luther King, Northwest, and Southwest Little
League complexes.
RESOLUTION NO.2006-R0089
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment to the
Contract for architectural/engineering services for the development of the Martin Luther
King, Northwest and Southwest Little League Complexes, by and between the City of
Lubbock and Chapman Harvey Architects, Inc., and related documents. Said
Amendment is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Truesdell
Randy Truesdell, Community Services Director
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Amendment is filed with Resolution No. 2006-R0089.
In December 2005, City Council awarded a professional services contract to
Chapman Harvey Architects, Inc. for architectural and engineering services
for the development of the Martin Luther King Little League complex.
Funding has been approved for the development of Little League complexes
for Northwest Little League and Southwest Little League.
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The proposed location for the Northwest Little League complex is west of
North University, just south of Fiesta Plaza. The fields for Southwest Little
League will be located at Maxey Park.
The contract amendment will provide architectural and engineering services
for the design and engineering of the three complexes. The amendment also
includes subcontract work by Parkhill, Smith and Cooper for a drainage study
at Maxey Park and civil engineering services for all three sites. The fee to
Chapman Harvey is 6.5% of the final construction cost and is consistent with
the original agreement.
The expanded project scope does not extend the project delivery date. The
anticipated completion date for the three complexes is Spring 2007.
FISCAL IMPACT
Funding for the construction of Little League complexes has been included in
the FY 2005-06 through FY 2010-I1 Amended Capital Improvement
Program. The estimated cost for civil engineering is $110,360.
Staff recommended approval of this resolution.
Randy Truesdell, Director of Community Services, gave comments and
answered questions from Council. City Attorney Anita Burgess also
answered questions from Council.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
DeLeon to pass Resolution No. 2006-R0089 with amended documents handed
out to Council at the dais. Motion carried: 7 Ayes, 0 Nays.
At this time, Motion was made by Council Member Gilbreath, seconded by
Council Member Jones to reconsider Item 5.11. Motion carried: 7 Ayes, 0
Nays.
5.11. Budget Amendment #10 2nd Reading - Finance: Ordinance No.
2006-00018 Consider budget ordinance amendment #10 amending the
FY 2005-06 budget respecting the Grant Fund, Custodial Fund, General
Fund, Central Warehouse Fund, Water Fund, LP&L Fund, and Capital
Improvement Program.
ORDINANCE NO. 2006-00018
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE 1) GRANT FUND, 2) GENERAL FUND, 3)
CUSTODIAL FUND, 4) CENTRAL WAREHOUSE FUND, 5) LP & L FUND, 6)
WATER FUND, AND 7) CAPITAL IMPROVEMENT PROGRAM. (AMENDMENT
#10)
Accept and appropriate a $194,080 grant from the South Plains Association of
Governments (SPAG) to provide meals, transportation, and other services to
the senior population. SPAG provides funding via a pass through from the
Texas Department on Aging and Disability Services. The required in -kind
match was approved as part of the FY 2005-06 Parks and Recreation
operating budget.
Establish a new Capital Improvement Project and appropriate $35,000 from
the Custodial Fund fund balance for drainage corrections on the south side of
City Hall to alleviate water intrusion into the building. Appropriate $50,000
for the abatement of asbestos ceiling coverings in the foyer of the Police
Department. While other repairs were being made to the facility, the need to
abate asbestos in the ceiling covering was discovered. This will complete the
abatement of the ceiling in this area. This project will be funded with $79,000
from Custodial Fund balance and $6,000 from General Fund balance.
Appropriate $20,000 of Central Warehouse Fund balance for the resurfacing
and patching of the storage yard at the City's Warehouse Facility. Resurfacing
is part of preventive maintenance of the storage yard.
Amend Capital Improvement Program project #9397 — "Southwest Pump
Station (West Pressure Zone)" by appropriating an additional $3.5 million of
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Certificate of Obligation Bonds for the construction and improvements
necessary to establish a third pressure zone in southwest Lubbock. These
improvements consist of a 14 million gallons per day pump station, a 5
million gallons per day ground storage tank, and the necessary distribution
infrastructure. Additional funding is required to award the construction
contract. Construction cost inflation associated with the increased price of
fuel, increased demand of supplies, and the limited availability of local
contractors have driven up the cost of this project.
Amend Capital Improvement Program project # 91031 — "Pump Station #10
Fencing" by appropriating an additional $250,000 of Certificate of Obligation
Bonds for the construction of a brick fence and associated landscaping for the
newly constructed ground storage tank located at Pump Station #10, at 82nd
Street and Memphis Ave. TCEQ requires a minimum of an eight -foot high
security fence surrounding any water distribution center. A neighborhood and
citizens committee was formed to recommend the appropriate fencing,
Chapman Harvey Architects, Inc. is working to minimize cost, while
achieving the committee's desires. Construction cost inflation associated with
the increased price of fuel, increased demand of supplies, and the limited
availability of local contractors have driven up the cost of this project.
Establish a new Capital Improvement Project and appropriate $650,000
Certificate of Obligation Bonds for the installation of a water main extension
for Lubbock -Cooper Independent School District. The school district is
presently served by a private water well system.
Establish capital project in the LP&L Fund budget and revise operating
budget accordingly. Specific information regarding this project is competitive
information protected under Chapter 552.133 of the Texas Government Code.
Staff recommended approval of the second reading of this ordinance.
Motion was made by Council Member Gilbreath, seconded by Council
Member DeLeon to pass on second and final reading Ordinance No.
2006-00018 with the following change:
Establish a $510,000 Capital Improvement Program project for the
construction of a mausoleum at the City cemetery. Funding for the cost of
construction will come from the issuance of $255,000 of Certificates of
Obligation, payable from the sales proceeds of niches and crypts, and
$255,000 from Community State Bank as per the compromise and
settlement agreement resolution with Community State Bank.
Motion carried: 5 Ayes, 2 Nays. Mayor Pro Tem Martin and Council
Member Boren voted Nay.
6. REGULAR AGENDA
6.1. Board Appointments — City Secretary: Consider one appointment to the
Appointments Advisory Board, three appointments to the North Overton
Tax Increment Finance District, one appointment to the Parks &
Recreation Board, and five appointments to the Zoning Board of
Adjustment.
Motion was made by Council Member DeLeon, seconded by Council Member
Boren to reappoint Sue Clary to the Appointments Advisory Board. Motion
carried: 6 Ayes, 0 Nays.
Mayor McDougal was away from the dais.
Motion was made by Council Member DeLeon, seconded by Council Member
Boren to reappoint Jack Driskill, Patrick Murfee, Richard Trussell to the
North Overton Tax Increment Financing Board. Motion carried: 6 Ayes, 0
Nays.
Mayor McDougal recused on this item.
Motion was made by Council Member DeLeon, seconded by Council Member
Boren to reappoint Cray Pickering to the Parks & Recreation Board. Motion
carried: 6 Ayes, 0 Nays.
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Mayor McDougal was away from the dais.
Motion was made by Council Member DeLeon, seconded by Council Member
Boren to reappoint Alice Chavez, Jay House, Larry Lowe, Mike Moss, and
Maggie Trejo to the Zoning Board of Adjustment. Motion carried: 6 Ayes, 0
Nays.
Mayor McDougal was away from the dais.
6.2. City Council Rules and Procedures Resolution - City Secretary:
Resolution No. 2006-R0090 to amend certain policies and procedures as
set forth in the City of Lubbock Council Rules, Order of Business and
Procedures Manual to change member term to unlimited for the Audit
Committee and Lubbock Water Advisory Commission.
RESOLUTION NO.2006-R0090
WHEREAS, the City Council did by Resolution No. 1610 embody policies and
procedures pertaining to the operation of the City of Lubbock in Volume I of a Policies
and Procedures Manual; and
WHEREAS, SAID Resolution was amended on July 26, 2001; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Lubbock to amend certain policies and procedures as set forth in the City of Lubbock
Council Rules, Order of Business and Procedure manual;
WHEREAS, pursuant to Section II(B) of said Rules, this proposed amendment
has been introduced into the record at a prior regular meeting of the City Council; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT subparagraph XI(B) of the City Council Rules, Order of
Business and Procedures as set forth in Volume I of the Policies and Procedures Manual,
is hereby amended to read as follows:
B. Board and Commission Terms — Except for the Planning and Zoning
Commission, the Lubbock Water Advisory Commission, and the Audit
Committee, appointment of members to City Council appointed advisory boards
and commissions shall be as follows:
• Members appointed to a full term may be reappointed to one (1) additional
full term upon expiration of the original term.
• Members appointed to an unexpired term may be reappointed to two (2)
additional full terms upon expiration of the original unexpired term.
• Members elected to serve as Chair during their second full term may serve
.a third full term.
• Members who are serving as alternate may be reappointed indefinitely.
Upon promotion to full -member status, the preceding policies apply.
Appointment of members to the Planning and Zoning Commission shall be as
follows:
• Members appointed to a full term may be reappointed to two (2) additional
full terms upon expiration of the original term.
• Members appointed to an unexpired term may be reappointed to three (3)
additional full terms upon expiration of the original unexpired term.
• Members elected to serve as Chair during their third full term may serve a
fourth full term.
Appointment of members to the Lubbock Water Advisory Commission and the
Audit Committee shall be as follows:
• Members appointed to serve on the Lubbock Water Advisory Commission
and the Audit Committee may be reappointed indefinitely.
• Members elected to serve as Chair may serve in that capacity only for two
(2) full terms.
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SECTION 2. THAT the City Manager, or his designated representative, shall
incorporate the above amendments into the City Council Rules, Order of Business and
Procedures.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
The City Council deems it to be in the best interest of the City of Lubbock to
have unlimited terms for the Audit Committee and the Lubbock Water
Advisory Commission, based on the nature of the missions of those
committees.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tem Martin, seconded by Council Member
Boren to pass Resolution No. 2006-R0090 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
6.3. Board and Commissions Resolution - City Secretary: Resolution No.
2006-R0091 to change term limits for members of the Audit Committee to
unlimited and to add one member selected by the Electric Utility Board.
RESOLUTION NO.2006-R0091
WHEREAS, by Resolution No. 2003-RO220 dated June 12, 2003 (the
"Resolution"), the City Council established an Audit Committee of the City of Lubbock;
and
WHEREAS, the City Council desires to amend the Resolution to provide for the
Audit Committee members to have unlimited terms; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. THAT Resolution No. 2003-RO220 is amended by deleting section 2
thereof in its entirety and substituting the following:
SECTION 2. The Audit Committee shall consist of six (6) members, who may
serve for a term of two (2) years. All Committee members shall serve at the pleasure of,
and may be removed by, the City Council of the City of Lubbock. There shall be no limit
upon the number of terms, including successive terms, that a Committee member may
serve. The chairperson shall be appointed by the Mayor. Each member of the Audit
Committee shall meet the Independence Standards in the Government Auditing Standards
set forth by the U.S. Comptroller General, who heads the U.S. General Accounting
Office. At least one (1) member shall be selected by the membership of the Lubbock
Power and Light's Electric Utility Board. In addition, at least two (2) members of the
Audit Committee shall have a background in financial reporting, accounting, or auditing,
and at least one (1) member shall be a certified public accountant. However, the lack of
any such specific member shall not invalidate or otherwise affect the actions taken by the
Audit Committee. The Audit Committee shall report directly to the City Council and no
member shall be a City official, employee or former City official or employee, except
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that the member may be a former or current member of the Lubbock Power and Light's
Electric Utility Board.
2. Except as expressly amended hereby, Resolution No. 2003-RO220 shall
remain as originally provided.
Passed by the City Council this 24th day of February 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
Council deems it in the best interest of the City to ensure continuity of
experience and expertise on the Audit Committee. This resolution changes the
number of terms to unlimited and changes the number of members to six to
include a member selected by the Electric Utility Board.
Staff recommended approval of this resolution.
_ Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Boren to pass Resolution No. 2006-R0091 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
6.4. Code of Ordinances Ordinance 2nd Reading - City Secretary: Ordinance
No. 2006-00019 Ordinance No. 2006 revising the duties of the City
Secretary and deleting Section 2-15 from the Code of Ordinances, City of
Lubbock, Texas.
ORDINANCE NO.2006-00019
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY DELETING
THEREFROM SECTIONS 2-15 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK WITH REGARD TO DUTIES OF THE CITY SECRETARY: PROVIDING
A SAVING CLAUSE AND PROVIDING FOR PUBLICATION.
The City Council of the City of Lubbock deems it to be in the best interest of
the citizens of the City of Lubbock to repeal and delete Section 2-15
pertaining to the duties of the City Secretary from the Code of Ordinances.
Section 2-15 of the City Code will be repealed, which assigned the
Department of Public Information to the City Secretary. By operation of the
City Charter, upon repeal of Section 2-15, supervision of that department will
revert to the City Manager without further action.
Motion was made by Mayor Pro Tern Martin, seconded by Council Member
Price to pass on second and final reading Ordinance No. 2006-00019 as
recommended by staff. Motion carried: 6 Ayes, 1 Nay. Council Member
DeLeon voted Nay.
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6.5. Right -of -Way Ordinance 2nd Reading — Right -of -Way: Ordinance No.
2006-00017 Consider an ordinance abandoning and closing a 20-foot
alley east of Avenue X and west of Avenue W south of 4th Street in Block
124, Overton Addition to the City, property located at 411 Avenue X.
ORDINANCE NO. 2006-00017
AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT ALLEY
LOCATED IN BLOCK 124, 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.
This alley portion in the Overton Addition is being closed as part of the North
Overton Redevelopment Project. This 20-foot by 600-foot alley will be
replatted into Tract 5, Overton Park Addition and is located between Avenue
X and Avenue W just south of 4th Street. The requestor of this alley closure
will dedicate in the replat of this property, and a replat of an adjacent property,
additional right-of-way to replace the alley area being closed.
Staff recommended approval of the second reading of this ordinance.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass on second and final reading Ordinance No. 2006-00017 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
Mayor McDougal recused himself.
3.4. Board Recognition - City Secretary.
Cultural Arts Grants Review Standing Sub -Committee:
Ann McDonald (Unable to attend)
Gail Fargason
6.6. This item was considered following Item 6.23.
6.7. This item was considered following Item 6.6.
6.8. This item was considered following Item 6.7
6.9. This item was considered following Item 6.8.
6.10. This item was considered following Item 6.9.
6.11. Master Development Agreement Resolution - Business Development:
Resolution No. 2006-R0092 authorizing and directing the Mayor Pro Tem
to execute for and on behalf of the City of Lubbock a Master
Development Agreement between the City, of Lubbock, Overton Park
Hotel, L.P. and Garfield Traub Development, LLC regarding the design
and construction of a full service hotel and conference/civic center to be
located in Overton Park.
RESOLUTION NO.2006-R0092
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tem of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Master Development
Agreement between the City of Lubbock, Overton Park Hotel, L.P., and Garfield Traub
Development, LLC regarding the design and construction of a full service hotel and
conference/civic center to be located in Overton Park. Said Agreement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
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Passed by the City Council this 24th day of February, 2006.
/S/ TOM MARTIN
TOM MARTIN, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rob Allison
Rob Allison, Executive Director of
Development Services
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. 2006-R0092.
Garfield Traub Development (GTD) desires to design and construct an
upscale full service hotel and conference/civic center on tract #7 in Overton
Park. The City has expressed a desire to participate in the financing of the
conference/civic center.
The agreement defines the responsibilities of GTD, hotel owners, and the
City. In addition, this agreement identifies the scope of the hotel and
conference/civic center, the intended reciprocal leases between both parties,
and the term of the leases. Staff believes that this project will further the
growth of the City, facilitate the redevelopment of the Tax Increment Finance
(TIF) District, increase the tax base, foster increased economic activity and
employment opportunities within the City, and otherwise be in the best
interests of the City by providing additional facilities for the promotion of
tourism and conventions.
The next step will be to negotiate a management agreement with the hotel
owners for the conference/civic center.
FISCAL IMPACT
The financial commitment by the City will be $8.4 million for the
conference/civic center public facility. The intent is to issue municipal bonds
with debt service recovered through revenues received from the TIF and a
portion of Hotel Motel Tax generated by the hotel property.
Staff recommended approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council Member
Gilbreath to pass Resolution No. 2006-R0092 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
Mayor McDougal recused himself.
6.12. Participation Resolution - Water Utilities: Resolution No. 2006-R0093
authorizing the Mayor to execute documents evidencing the City of
Lubbock's intent to participate in the 2006 Canadian River Municipal
Water Authority Bond Issue for approximately $50 million for
groundwater interests and rights and related well field development
projects.
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RESOLUTION NO.2006-R0093
WHEREAS, the Canadian River Municipal Water Authority ("CRMWA") has
been and continues to be, in pursuit of additional groundwater water interests and rights
in and around the John C. Williams Well Field (the "Well Field");
WHEREAS, due to such efforts, CRMWA has entered into agreements to
purchase additional groundwater interests and rights;
WHEREAS, in order for CRMWA to purchase such additional groundwater water
interests and rights, and to construct infrastructure related to the Well Field, it is
necessary for CRMWA to issue an additional $50 million in bonds in the year 2006 (the
"Bond Issuance");
WHEREAS, the City of Lubbock is in agreement to such issuance, NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock execute, for and on behalf of the City of
Lubbock, that certain letter addressed to CRMWA attached hereto as Exhibit "A" and
made a part hereof for all purposes, evidencing the City of Lubbock's intent to participate
in the 2006 CRMWA Bond Issuance, as described therein.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas L. Adams
Tom Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
A copy of the Exhibit "A" is filed with Resolution No. 2006-R0093.
The Canadian River Municipal Water Authority (CRMWA) is ready to move
forward with their 2006 $50 million bond issue for ground water right
purchases and well field development projects. These purchases and projects
are beneficial in the short range because they increase the annual volume of
water that can be delivered by CRMWA from the Roberts County well field.
They are also beneficial in the long range because they provide for a long-
range water supply.
CRMWA has asked that the City of Lubbock and the other 10 member cities
to indicate their interest in participating. A resolution has been prepared for
the purpose of authorizing the City of Lubbock to complete the letter that
indicates the City's intent to participate in the 2006 CRMWA Bond Issue.
CRMWA is progressing forward with their water right purchases and well
field development plans and projects as a result of the 2005 Bond Issue. To
date the following was reported at a February 1, 2006 meeting:
CRMWA has purchased or contracted for $55 million worth of additional
water rights.
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CRMWA now has over 220,000 acres of water rights that are owned or
under contract. This includes the original well field in Roberts County.
CRMWA roughly estimates that it has 15 million acre feet of water that it
owns or has under contract.
CRMWA projects that the groundwater purchased could meet member
city water needs for almost 100 years (various scenarios and assumptions).
In 1998 the Canadian Municipal River Authority (CRMWA) initiated an $83
million well field project to supplement water supplies from Lake Meredith.
The amount of water available from Lake Meredith has decreased due to
drought and due to reservoirs in New Mexico that now capture almost all
water flows from mountain watersheds. At present Lake Meredith is at
13.75% full. Lake Meredith reached its lowest point in 2004 at 11.98%.
Water began to flow from the well field project in December of 2001. The
well field is located in Roberts County, and is called the John C. Williams
well field.
On December 15, 2004 the Panhandle Groundwater Conservation District
adopted rules and regulations for the conservation of groundwater. These
regulations adopted the 50/50 Standard, which means that water use will be
restricted to ensure that 50% of the water will still be available in 50 years.
The new rules would restrict CRMWA's well field production unless
additional water rights were purchased.
In April of 2005, CRMWA issued $50 million in bonds for the purchase of
additional water rights and for additional well field development. $30 million
was designated for the purchase of water rights and $20 million for well field
development. The opportunity for the purchase of water rights was excellent,
and CRMWA has been able, as of this date, to sign contracts for about $55
million worth of water rights.
With an estimated 15 million acre feet of water in place, CRMWA can meet
the needs of member cities for about 90 years before the groundwater use
restrictions would begin to impact the amount of water that can be produced.
This also assumes a CRMWA II project in about 2050.
It is proposed now that CRMWA issue an additional $50 million in bonds in
2006. These funds will be used to replenish $20 million in the 2005 Bond
issue so that the well field development can take place, and designate an
additional $30 million for water right purchases.
The 2006 CRMWA well field water allocation was 40,000 AF for all cities
and 14,823 AF for Lubbock. When all necessary improvements are in place,
CRMWA will be able to allocate about 69,000 AF from the well field for
member cities, and Lubbock's share is estimated at 26,000 AF. In order for
this to happen, the well field development project must be completed and the
well field pump stations must be expanded to increase pumping capacity.
Well field development limits production to 40,000 AF, pump station capacity
limits production to 50,400 AF, and pipeline capacity limits production to
69,000 AF annually.
Completion of all necessary improvements will increase Lubbock's allocation
from 14,823 AF to 27,003 AF. This amounts to an additional 12,180 AF
annually. The project will also allow the Lubbock's daily allocation increase
from 13.2 mgd to 24.1 mgd from the well field source. The additional 12,180
AF annually and the additional 10.9 mgd will be a significant benefit during
times of drought when Lake Meredith allocations are reduced.
City staff members have already a preliminary notice to CRMWA of their
intent to participate or not. Additional steps for the City of Lubbock to
participate include: (1) approving by resolution authorizing the completion of
the participation intent letter; and (2) approving by resolution Amendment #3,
which Amendment serves as an agreement to participate in the project.
The resolution to authorize the City to complete the participation intent letter
is included with this agenda for your consideration. The participation intent
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letter allows the City of Lubbock to indicate that the City will participate at its
prior commitment level in the groundwater project (37.058%), that the City
will participate at a higher proportionate rate should any other community
decide to not participate, and finally, that the City will participate solely
through the CRMWA's revenue bonds.
The Amendment #3 (participation agreement) is included for your
information. The agreement will be presented for your approval in its final
form on March 9, 2006 if all of the member cities have completed their
participation intent letter.
The original groundwater agreement was approved in 1996 and is called
"Agreement for the purchase and Acquisition of Conjunctive Use
Groundwater Supply." This original agreement has been amended as
additional and new projects have been approved. The first amendment came
in 1999 and is related to the original well field project, the second amendment
came in 2005 and is related to the 2005 CRMWA Bond Issue, and the third
amendment will now be considered and is related to the 2006 CRMWA Bond
Issue. The proposed amendment #3 will require a unanimous vote of the
CRMWA Board for approval.
FISCAL IMPACT
Lubbock's share in the well field project, based upon the most recent
indication of cities to participate or not, is about 37.936%. This percent of
participation may change once all cities have made a final decision on their
level of participation. Lubbock's annual debt service, based upon a 4.75%
interest rate and a $51 million issue amount is estimated to be about $1.51
million. This may require a 3.8% increase in revenues to finance Lubbock's
portion of the project. The debt service for the 2005 CRMWA Bond Issue is
approximately $1.46 million annually for 20 years.
CRMWA anticipates that a surety bond will be obtained for the 2006 Bond
Issue. If for some reason this is not possible, additional funding of about $4
million would be necessary for a debt service reserve, and Lubbock would
bear its proportionate share. These debt service reserve funds plus any
interest earnings would be used by CRMWA to make pay debt service
payments as the debt service reserve requirements are met thereby reducing
some future debt service payments.
Staff recommended approval of the resolution and full participation in the
2006 CRMWA Bond Issue and related projects. This includes the City of
Lubbock's participation in any additional allocations that may become
available due to the decision of some member cities to not participate.
Approval of Amendment #3 is also recommended.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0093 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Mayor McDougal was away from the dais.
6.13. Franchise Agreement Ordinance 1st Reading - City Manager's Office:
Ordinance No. 2006-00023 granting to South Plains Electric Cooperative
a nonexclusive franchise for a term of twenty (20) years for the use of the
public right of ways of the City of Lubbock for the purpose of conducting
an electrical lighting and power business including all rights and
privileges associated therewith and as specifically outlined in the
franchise, and providing for compensation to the City for the use of the
City's public right of ways and containing other miscellaneous provisions
associated with the use of the City's public right of ways and the granting
of this franchise.
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ORDINANCE NO.2006-00023
FRANCHISE AGREEMENT
AN ORDINANCE GRANTING TO SOUTH PLAINS ELECTRIC
COOPERATIVE, INC. ("SPEC") THE RIGHT, PRIVILEGE AND FRANCHISE TO
CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, AN ELECTRICAL
LIGHTING AND POWER BUSINESS AND TO ENTER UPON, ERECT,
CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN,
UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL
OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS,
LANES, AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, POLE
LINES, TOWERS, DISTRIBUTION LINES, TRANSMISSION LINES, WIRES, GUYS,
CABLES, CONDUITS, TRANSFORMERS, AND OTHER DISTRIBUTION AND
TRANSMISSION EQUIPMENT, FACILITIES AND APPURTENANCES
NECESSARY OR PROPER FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY
OF LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY
HEREAFTER BE EXTENDED; AND GRANTING SPEC, ITS SUCCESSORS AND
ASSIGNS, THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF
TRANSMISSION, DISTRIBUTION, DELIVERY AND SALE OF ELECTRICITY TO
THE CITY, AND TO THE INHABITANTS OF THE CITY, OR ANY OTHER
PERSON OR PERSONS, FIRMS OR CORPORATIONS, WHEREVER LOCATED
WITHIN OR WITHOUT THE CITY LIMITS OF LUBBOCK, FOR USE BY SUCH
PURCHASER OR PURCHASERS FOR ANY PURPOSE AUTHORIZED BY LAW
FOR WHICH ELECTRICITY MAY BE USED OR FOR ANY OTHER PURPOSE OR
USE WHICH IS OR MAY BECOME NORMAL OR CUSTOMARY IN THE RETAIL
ELECTRIC INDUSTRY IN TEXAS; PROVIDING THAT THIS FRANCHISE SHALL
BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPON
AND EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER
FINAL PASSAGE HEREOF; PROVIDING FOR THE TEMPORARY REMOVAL,
RAISING OR LOWERING BY SPEC OF ITS WIRES AND OTHER
APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CONDITION OF,
--- THE OPENING OF PAVEMENTS AND SIDEWALKS BY SPEC; RETAINING ALL
RIGHTS OF CITY TO REGULATE THE LOCATION OF SPEC'S FACILITIES IN,
UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER
PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE THE RELOCATION OF
SAME; PROVIDING FOR EFFICIENT ELECTRICAL SERVICE AND THE
MAINTAINING OF SPEC'S FACILITIES; PROVIDING FOR THE USE BY CITY
FOR THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF SPEC;
PROVIDING COMPENSATION, AND METHOD OF PAYMENT OF SUCH, TO THE
CITY FOR THE USE BY SPEC OF THE STREETS, ALLEYS AND PUBLIC WAYS
OF THE CITY, AND FOR SPEC'S RECOVERY OF SUCH FEE; PROVIDING FOR
THE MAINTAINING OF RECORDS BY SPEC WITH RIGHT OF INSPECTION BY
CITY; RESERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING
ASSIGNMENT EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES;
GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING BY SPEC OF
CONFLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING
MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE;
REPEALING ALL PREVIOUS ELECTRICAL LIGHTING AND POWER
FRANCHISE ORDINANCES AND RELATED RELEASE; AND PROVIDING FOR
THE PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE
BY SPEC.
This ordinance grants to South Plains Electric Cooperative, Inc. (SPEC) the
right, privilege and franchise to conduct within the City of Lubbock, Texas, an
electrical lighting and power business and to enter upon, erect, construct,
maintain, extend, repair, replace and remove in, under, upon, within, over,
above, across and along any and all of the present and future public roads,
highways, streets, lanes, and alleys of the City of Lubbock, a system of poles,
pole lines, towers, distribution lines, transmission lines, wires, guys, cables,
conduits, transformers, and other distribution and transmission equipment,
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facilities and appurtenances necessary or proper for the transmission and
distribution of electricity within the City of Lubbock, and any other particular
requirements set forth in the ordinance.
As compensation and rental for the use of the streets, alleys and public ways
of City in the conduct of its business under this franchise, SPEC shall pay the
City each year of the life of this franchise, beginning March 1, 2006, a sum of
money equal to five percent (5%) of the annual gross receipts of SPEC
derived from its retail electric lighting and power sales for consumption
within the corporate limits of the City. The term of the franchise is for 20
years.
FISCAL IMPACT
An increase in franchise fee from 2% to 5% will provide additional revenue
into the Gateway Streets Fund. It is estimated that this franchise will produce
approximately $393,750 in revenues for the City during FY 2005-06 and will
increase annually thereafter.
Staff recommended approval of the first reading of this ordinance.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass on first reading Ordinance No. 2006-00023 as recommended by
staff. Motion carried: 6 Ayes, 0 Nays.
Mayor McDougal was away from the dais.
6.14. Franchise Assignment Resolution - City Manager's Office: Resolution
No. 2006-R0094 approving the assignment of the Cox Communications,
Inc., cable television franchise to Cebridge Connections upon the closing
of an appropriate transaction and receipt of certain notices and
acceptances by the City of Lubbock, Texas.
RESOLUTION NO.2006-R0094
A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS, APPROVING THE
ASSIGNMENT OF THE COX COMMUNICATIONS, INC., CABLE TELEVISION
FRANCHISE TO CEBRIDGE CONNECTIONS UPON THE CLOSING OF AN
APPROPRIATE TRANSACTION AND RECEIPT OF CERTAIN NOTICES AND
ACCEPTANCES BY THE CITY OF LUBBOCK, TEXAS.
WHEREAS, Cox Southwest Holdings, L.P. ("Franchisee") owns, operates and
maintains a cable television system ("System") within the City of Lubbock, Texas,
("Franchise Authority") pursuant to City of Lubbock Ordinance No. 10141
("Franchise"); and
WHEREAS, Franchisee and other legal entities controlled by Cox
Communications, Inc., have entered into an Asset Purchase Agreement ("Transaction")
dated October 31, 2005, ("Agreement") with Cebridge Acquisition Co., LLC, in which,
among other things, the Franchisee proposes to sell and assign to Cebridge Acquisition
Co., LLC, certain of the assets, including the Franchise, used by Franchisee in operation
of the System; and
WHEREAS, Cebridge Acquisitions, LLC, will assign said Franchise and System
under the Agreement to Cebridge Acquisition, L.P., dba Cebridge Connections
("Cebridge") prior to closing of the Transaction; and
WHEREAS, Franchisee and Cebridge have requested in writing on December 12,
2005, the consent of the Franchise Authority to the assignment of the Franchise and sale
of the System in accordance with the requirements of the Franchise and applicable laws
and have filed with the Franchise Authority a franchise assignment application on FCC
Form 394 that includes relevant information concerning the Transaction and the
technical, financial and legal qualifications of Cebridge to operate the system; and
WHEREAS, pursuant to Section 12 of City of Lubbock Ordinance 10134 (the
City of Lubbock Cable Television Regulatory Ordinance), the Franchise Authority has
reviewed the Application and other documents, and has examined the technical, financial
and legal qualifications of Cebridge to operate the System; and
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WHEREAS, the Franchise Authority has followed all required procedures and
consider and act upon the application and has considered comments of all interested
parties; and
WHEREAS, the Franchise Authority believes it is in the best interest of the
citizens of the City of Lubbock to approve the Application and the assignment of the
Franchise and sale of the System to Cebridge in accordance with the terms of the
Franchise, Cable Television Regulatory Ordinance and other applicable laws, as
described in the application; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Council of the City of Lubbock (Franchise
Authority) hereby approves the Application and consents to the assignment of the
Franchise and sale of the System to Cebridge, all in accordance with the terms of the
Franchise and other applicable law. This consent is strictly conditioned upon receipt by
the Franchise Authority from Cebridge of a written agreement to be bound by and to
accept the terms of the Franchise prior to closing the Transaction ("Closing Date").
SECTION 2. THAT the Franchise Authority confirms that (a) the Franchise was
properly granted or assigned to Franchisee and is in full force and effect; (b) the
Franchisee is in material compliance with the provisions of the Franchise; and (c) there
exists no fact or circumstance known to the Franchise Authority which constitutes or
which, with the passage of time or the giving of notice or both, would constitute a
material default or breach of the Franchise or would otherwise allow the Franchise
Authority to cancel or terminate the rights of the Franchisee pursuant to provisions of the
Franchise or other law.
SECTION 3. THAT the Franchise Authority hereby consents to and approves the
pledge or grant of a security interest to any lender(s) in Cebridge's assets, including, but
not limited to, the Franchise, or of other interests in Cebridge, for purposes of securing
any indebtedness; and (b) the assignment or transfer of Cebridge's assets, including the
Franchise, provided that such assignment or transfer is to an entity directly or indirectly
controlling, controlled by or under common control with Cebridge.. However, continuity
of service is required as provided by Section 20 of Ordinance No. 10134 and the
Franchise Authority reserves the right to operate the system or designate an operator in
the event that a Grantee fails to operate the system for four (4) consecutive days without
approval of the Franchising Authority or just cause. Any such security interest as may be
granted by Cebridge shall recognize the requirement for continuity of service by the
Franchise Authority.
SECTION 4. THAT this Resolution shall be effective immediately upon passage
and Cebridge shall notify the Franchise Authority in writing of the Closing Date of the
Transaction at least 30 days prior to such Closing Date and provide the written
Acceptance of Franchise required by Section 1.
SECTION 5. THAT the Franchise Authority hereby releases Franchisee from all
obligations and liabilities under the Franchise and imposes all obligations of the
Franchise upon Cebridge that accrue on or after the date that the Transaction is closed
and is in full force and effect. This provision shall not become effective until such time as
the Franchise Authority receives written confirmation from Franchisee and Cebridge that
the Transaction has closed and is full force and effect.
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Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld, City Manager
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, Attorney of Counsel
Cox Southwest Holdings, L.P. (Cox) owns, operates and maintains a cable
television system (System) within the City of Lubbock, Texas, pursuant to
City of Lubbock Ordinance No. 10141 (Franchise). Cox and other legal
entities controlled by Cox Communications, Inc. have entered into an Asset
Purchase Agreement dated October 31, 2005, with Cebridge Acquisition Co.,
LLC, in which, among other things, Cox proposes to sell and assign to
Cebridge Acquisition Co., LLC, certain of the assets, including the Franchise,
used by Cox in operation of the System. Under the agreement, Cebridge
Acquisitions, LLC, will assign said Franchise and System under the
Agreement to Cebridge Acquisition, L.P., dba Cebridge Connections
("Cebridge") prior to closing of the Transaction.
Cox and Cebridge requested in writing on December 12, 2005, the consent of
the Franchise Authority to the assignment of the Franchise and sale of the
System in accordance with the requirements of the Franchise and applicable
laws and have filed with the City a franchise assignment application that
includes relevant information concerning the transaction and the technical,
financial and legal qualifications of Cebridge to operate the system. Pursuant
to Section 12 of City of Lubbock Cable Television Regulatory Ordinance, the
City has reviewed the application and other documents, and has examined the
technical, financial and legal qualifications of Cebridge to operate the System.
The City has followed all required procedures and consider and act upon the
application and has considered comments of all interested parties. This
resolution authorizes the approval of the application and the assignment of the
Franchise and sale of the System to Cebridge in accordance with the terms of
the Franchise, Cable Television Regulatory Ordinance, and other applicable
laws, as described in the application. The franchise assignment application is
available for review in the Purchasing and Contract Management Department.
FISCAL IMPACT
It is estimated that this franchise will produce approximately $1.5 million in
revenues for the City during FY 2005-06 and will increase annually thereafter.
Staff recommended approval for this resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2006-R0094 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
Mayor McDougal was away from the dais.
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6.15. Budget Amendment #11 1st Reading -
2006-00024 amendment #11 amending
Improvement Program and Grant Fund.
Finance: Ordinance No.
the FY 2005-06 Capital
ORDINANCE NO.2006-00024
AN ORDINANCE AMENDING THE FY 2005-06 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE 1) CAPITAL IMPROVEMENT PROGRAM; AND 2)
GRANT FUND. (AMENDMENT #11)
Amend Capital Improvement Project 91048 City Hall HVAC Renovations by
appropriating an additional $200,000 of 2006 Certificate of Obligation Bonds
for the renovation of the City Hall HVAC system, with estimated revenues
increased accordingly.
Amend Capital Improvement Project 91207 New Northwest Little League
Complex by transferring $98,000 of 2003 General Obligation Bonds from
Capital Improvement Project 91205 Northwest Little League Improvements
for the construction of the Northwest Little League.
Accept and appropriate a $50,251 grant from the Texas Department of State
Health Services to provide for HIV/AIDS Surveillance.
Funding in the amount of $50,251 will be received. This grant funds the active
surveillance and reporting activities for Human Immunodeficiency
Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) — includes
personnel, benefits, travel, and supply costs.
No City matching funds are required.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass on first reading Ordinance No. 2006-00024 as
recommended by staff. Motion carried: 6 Ayes, 0 Nays.
Mayor McDougal was away from the dais.
6.16. This item was considered following Item 6.10.
6.17. This item was considered following Item 6.16.
6.18. This item was considered following Item 6.17.
6.19. Contract Resolution — Public Works Engineering: Resolution No.
2006-R0095 for Mac Davis Lane and Avenue V Extension Paving and
Drainage Improvements - BID #05-148-BM
RESOLUTION NO.2006-R0095
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 Mac
Davis Lane and Avenue V extension paving and drainage improvements, Bid
05-148-13M, by and between the City of Lubbock and West Texas Paving, 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.
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Passed by the City Council this 24th day of February, 2006.
/S/ TOM MARTIN
TOM MARTIN, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas L. Adams
Tom Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
This contract involves the removal and replacement of failed curb and gutter,
street paving, utility adjustments, and irrigation installation on loth Street
from Avenue V to Avenue U. This is one phase of a project to stabilize,
revitalize, and reinvest in a distressed target Tax Incentive Funds district
neighborhood and is part of a larger plan of overall construction in Overton
Park. The area is being redeveloped and improved to enhance personal and
economic development for the citizens of Lubbock.
Time for completion of this project is 165 working days and liquidated
damages are $25 per day. Twenty-three local contractors were notified of this
Invitation to Bid and two responded.
FISCAL IMPACT
A total of $700,000 was appropriated with $700,000 available in Capital
Improvement Project number 91064, Dinerstein I1I, 91062, Tract 6 and 91070,
Single Family.
Staff recommended contract award to West Texas Paving, Inc. of Lubbock.
Texas for $609,569.
Motion was made by Council Member Price, seconded by Council Member
Gilbreath to pass Resolution No. 2006-R0095 as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
Mayor McDougal recused himself.
6.20. Contract Resolution - Business Development: Resolution No. 2006-R0096
authorizing the Mayor Pro Tem to execute Change Order No. 3 for
Tom's Tree Place Contract #6171 for Project #91065 in the Overton Park
redevelopment area.
RESOLUTION NO.2006-R0096
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tem of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock, Change Order No. 3 for
Tom's Tree Place Contract #6171 and associated documents. Said Change Order is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
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Passed by the City Councii this 24th day of February, 2006.
/S/ TOM MARTIN
TOM MARTIN, MAYOR PRO TEM
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rob Allison
Rob Allison, Executive Director
of Business Development
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
A copy of the Change Order is filed with Resolution No. 2006-R0096.
Tom's Tree Place Contract #6171 is the second phase of construction of the
Overton Park Streetscape and Landscape. The contract includes construction
and/or installation of site electrical utilities, monuments, screen walls,
planters, concrete paving, brick pavers, tree grates, site furnishings, concrete
curbs, bicycle racks, irrigation systems, trees, shrubs, perennials, ground
covers and decorative mulches with weed barriers.
This change order increases the scope of the contract to add landscaping in the
public right-of-way for the project. This landscaping utilizes the same type of
materials included in the original contract and adding this landscaping to the
existing contract allows the project to be completed in a timely manner. The
change order adds 120 days working days to the original contract time.
FISCAL IMPACT
The original contract amount was 2,794,412. Change Orders #1 and #2 added
$5,175.50 to the contract. The amount of Change Order #3 is $259,004.17.
The total contract amount with this change order is $3,058,591.67. Funding
for the change order is budgeted in CIP Project 91065 — Wal-Mart in the
amount of $448,400. This project is funded out of the North Overton TIF
Fund.
Staff recommended approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0096 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Mayor McDougal recused himself.
6.21. Contract Resolution — Public Works Engineering: Resolution No.
2006-R0097 for Overton Park Paving and Drainage Improvements - BID
#06-003-BM.
RESOLUTION NO.2006-R0097
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 Overton
Park Wal-Mart paving and drainage improvements, Bid 06-003-13M, by and between the
City of Lubbock and West Texas Paving, Inc. of Lubbock, Texas, and related
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Page 176
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 24th day of February, 2006.
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas L. Adams
Tom Adams, Deputy City Manager
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
/S/ TOM MARTIN
TOM MARTIN, MAYOR PRO TEM
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 24th day of February, 2006, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, there -unto authorized to do so, hereinafter referred to as
OWNER, and West Texas Paving, Inc., of the City of Lubbock, County of Lubbock, and
the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #06-003-BM - OVERTON PARK WAL-MART PAVING AND DRAINAGE
IMPROVEMENTS - $1,497,892.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
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CITY OF LUBBOCK, TEXAS (OWNER)
By: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith
Owner's Representative
/s/
Director
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
West Texas Paving, Inc.
By: /s/ Darrell Jarnagin
PRINTED NAME: Darrell Jarnagin
TITLE: President
COMPLETE ADDRESS:
West Texas Paving, Inc.
P.O. Box 64187
Lubbock, TX 79464
ATTEST:
_/s/ Murleen Jarna in
Corporate Secretary
This contract involves the replacement of existing pavement to increase
structural integrity of the pavement with a stronger paving section to
accommodate increased wheel loadings without causing pavement distress
and failure. In addition, storm sewer will be constructed to accommodate
increased flow capacity and drainage on the heavily traveled and loaded
pavement. Construction is scheduled to begin during March 2006 and
scheduled to be completed during October 2006.
Time for completion of this project is 160 working days and liquidated
damages are $100 per day. Twenty-four local contractors were notified of this
Invitation to Bid and two responded.
FISCAL IMPACT
$1,000,000 was appropriated in Capital Improvement Project 91065 Wal-Mart
and $497,892 in Capital Improvement Project 91070 Single Family for this
purpose.
Staff recommended contract award to West Texas Paving, Inc. of Lubbock.
Texas for $1,497,892.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0097 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Mayor McDougal recused himself.
6.22. Contract Resolution - City Secretary: Resolution No. 2006-R0098
authorizing the Mayor to execute a contract between the City of Lubbock
and Lubbock County, Texas, for the conduct and supervision of the
City's General Election to be held on May 13, 2006.
RESOLUTION NO.2006-R0098
WHEREAS, Chapter 31, Subchapter D, of the Texas Election Code authorizes the
governing body of a political subdivision to contract with the County's election officer
for election services in an election ordered by the political subdivision; and
WHEREAS, Chapter 271 of the Texas Election Code provides for joint elections
when an election is required upon the same day by two or more political subdivisions
occupying all or a part of the same territory; and
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WHEREAS, the City of Lubbock desires to contract with the Lubbock County
election officer for election services for its May 13, 2006, Regular City Election; and
WHEREAS, several other political subdivisions within Lubbock County also are
conducting elections on the same day and are also contracting with the Lubbock County
election official for election services; and
WHEREAS, the City of Lubbock desires to conduct a joint election on May 13,
2006, with such governmental units as are eligible and desire to conduct a joint election
with the City of Lubbock as may be expressed by order, resolution or other official action
of said governmental units; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute the attached Contract for Election Services with
Lubbock County for the May 13, 2006, City of Lubbock General Election; and
THAT the said Contract for Election Services shall be deemed a joint election
agreement authorized by this Resolution with those governmental units within Lubbock
County that are conducting an election on May 13, 2006, and that desire and are eligible
to conduct a joint election with the City of Lubbock on May 13, 2006; and
THAT the City Secretary is hereby authorized and directed to make any necessary
changes to the Election Order exhibits or otherwise to take such actions as may be
necessary to carry out the purposes of this Resolution.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/ Don Vandiver
Donald G. Vandiver, Attorney of Counsel
The County of Lubbock owns a direct recording electronic voting system that
has been duly approved by the Secretary of State pursuant to Texas Election
Code Chapter 122 as amended, and the City desires to use the County's
electronic voting system in its election and to compensate the County for such
use.
This resolution authorizes the City to pay Lubbock County for equipment,
supplies, services, and administrative costs as provided in the contract. The
Lubbock County Elections Administrator shall serve as the administrator for
the election. The City shall remain responsible for the lawful conduct of its
election including, without limitation, those functions reserved to the City,
and any functions which cannot be lawfully delegated to the Lubbock County
Elections Administrator. The Elections Administrator shall provide advisory
services in connection with decisions to be made and actions to be taken by
the officers of the City; however it shall be the responsibility of the City to
obtain whatever legal opinions it deems necessary from the City's chosen
legal counsel and at the City's sole cost and expense. The Lubbock County
Elections Administrator will not provide legal advice to the City.
FISCAL IMPACT
$100,000 currently included in approved FY 2005-06 operating budget.
Staff recommended approval for this resolution.
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Page 179
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-R0098 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Mayor McDougal was away from the dais.
6.23. Contract Resolution - City Attorney: Resolution No. 2006-R0099
authorizing and directing the Mayor to execute a Compromise Settlement
Agreement for Ashley and Fagan, et al v. City of Lubbock, in the 39th
District Court of Kent County, Texas, Cause No. 1501.
RESOLUTION NO.2006-R0099
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 Compromise Settlement
Agreement for Ashley and Fagan, et al v. City of Lubbock, in the 39`h District Court of
Kent County, Texas, Cause No. 1501, and related documents. Said Compromise
Settlement Agreement is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lee Ann Dumbauld
Lee Ann Dumbauld, City Manager
APPROVED AS TO FORM:
/s/ Anita Burgess
Anita Burgess, City Attorney
A copy of the Compromise Settlement Agreement is tiled with Resolution No.
2006-R0099.
This item involves the presented compromise settlement agreement of the
above referenced case.
Motion was made by Council Member DeLeon, seconded by Council Member
Boren to pass Resolution No. 2006-R0099 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Mayor McDougal was away from the dais.
6.24. This item was considered following Item 6.18.
10:10 A. M. CITY COUNCIL RECESSED
10:15 A. M. CITY COUNCIL RECONVENED
6.6. Public Hearing - 10:15 AM - Business Development: Hold a public
hearing to consider an increase in the cost of public improvements in the
Vintage Township Public Improvement District from $6 million to $9
million.
Mayor McDougal opened the public hearing at 10:16 a. m. No one appeared
on behalf of Vintage Township Public Improvement District. No one
appeared in opposition. Mayor McDougal closed the hearing at 10:17 a. m.
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Page 180
The City Council approved a Creation Resolution establishing the Vintage
Township Public Improvement District (PID) at their December 15, 2005
meeting. This Public Hearing is to consider amending the Creation Resolution
to include the increase in the cost of the public improvements, and amenities
from $6 million to $9 million.
FISCAL IMPACT
The developer has agreed to pay all the City's cost and expenses relating to
the development and establishment of this PID. In addition, the construction
and maintenance expenses that will be identified in the PID Service Plan will
be funded through an assessment to the property owners.
6.7. Public Improvement District Resolution - Business Development:
Resolution No. 2006-RO100 amending Resolution No. 2005-RO590 to
increase the cost of public improvements for the Vintage Township Public
Improvement District from $6 million to $9 million.
RESOLUTION NO.2006-RO100
A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS AMENDING
AND RESTATING RESOLUTION NO. 2005-RO590 APPROVING
AND AUTHORIZING THE CREATION OF THE VINTAGE
TOWNSHIP PUBLIC IMPROVEMENT DISTRICT
WHEREAS, the City of Lubbock, Texas (the "City") is authorized under the
Public Improvement District Assessment Act, Chapter 372, Texas Local Government
Code, as amended (the "Act") to create a public improvement district;
WHEREAS, Stellar Land Company, Ltd. and Vintage Land Company, Ltd.
submitted and filed with the City Secretary of the City that certain Petition for the
Creation of a Public Improvement District to Finance Improvements in the City of
Lubbock, Texas (the "Original Petition") requesting the establishment of a public
improvement district to be known as the Vintage Township Public Improvement District
(the "District"), the boundaries of which are set forth on Exhibit A attached hereto (the
real property located within the District shall be referred to as the "Land");
WHEREAS, the City Council of the City (the "City Council") received the
Original Petition signed by the owners of more than 50% of the appraised value of the
taxable real property and more than 50% of the area of all taxable real property within the
District, and found that the Petition complied with the Act and that the City Council was
authorized to consider the creation of the District; and
WHEREAS, the City Council by Resolution No. 2005-RO590, duly authorized
and created the Vintage Township Public Improvement District on December 15, 2005;
and
WHEREAS, upon further clarification and investigation of the costs of the public
improvements to be constructed within the District, Stellar Land Company, Ltd. and
Vintage Land Company, Ltd. submitted and filed a Petition requesting the City Council
of the City to Amend its Resolution Creating the Vintage Township Public Improvement
District to increase the estimated costs of the public improvements (the "Amended
Petition"); and
WHEREAS, the City Council finds and determines that the amendment to
Resolution No. 2005-RO590 is necessary for the efficient and effective development of
the District and that the estimated costs of the public improvements should be increased;
and
WHEREAS, the City Council desires to amend and restate Resolution No. 2005-
R0590 creating the Vintage Township Public Improvement District to increase the
estimated costs of the public improvements; and
WHEREAS, after providing all notices required by the Act, the City Council on
the date hereof conducted a public hearing on the advisability of the improvements and
services and the amendment to Resolution No. 2005-RO590 to increase the estimated
costs of the proposed public improvements the creation of the District; and
WHEREAS, the City Council adjourned and closed such public hearing.
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Regular City Council Meeting
February 24, 2006
Page 181
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LUBBOCK, TEXAS, THAT: RESOLUTION NO. 2005-R0590 ADOPTED ON
December 15, 2005, IS HEREBY AMENDED AND RESTATED IN ITS ENTIRETY
BELOW:
Section 1. Advisability of the Improvements Proposed for the District: It is
advisable to create the District to provide the public improvements and services described
in the Petition and this Resolution. The public improvements will promote the interests
of the City and will confer a special benefit on the District.
Section 2. Nature of the Improvements: The general nature of the proposed
public improvements is: (i) the design, construction and maintenance of parks and greens
together with any ancillary structures, features or amenities such as playgrounds, athletic
facilities, pavilions, community facilities, bridges, walkways, lighting, benches, trash
receptacles and similar items located therein along with all necessary grading, drainage
and similar infrastructure involved in the construction of such parks and greens;
landscaping, hardscaping and irrigation; the design, construction and maintenance of
water features such as lakes, ponds and fountains; distinctive lighting and signs;
construction and improvement of pedestrian malls, passages or pathways including
pedestrian bridges; design, construction and improvement of vehicular bridges and low
water crossings; design, construction and improvement of community meeting halls or
similar buildings; design, construction and improvement of community monuments,
towers, and other amenity -type structures; acquisition and installation of art work; design,
acquisition, installation and improvement of telecommunication and similar technology
systems; and special supplemental services as defined in the Act, together with related
permits and licenses; and (ii) payment of costs associated with developing and financing
the public improvements listed in subdivision (i) including costs of issuing bonds and
funding debt service and capitalized interest reserves for such bonds and costs of
establishing, administering and operating the District.
Section 3. Estimated Cost of the Improvements: The estimated cost of the
improvements provided by the District is approximately $9,000,000.
Section 4. Boundaries: The boundaries of the District are set forth in
Exhibit A.
Section 5. Method of assessment: An assessment methodology will be
prepared that will address (i) how the costs of the public improvements financed with the
assessments are assessed against the property in the District, (ii) the assessments to be
collected each year, (iii) provisions providing for the prepayment of the assessments at
the option of the owner of any parcel, (iv) the reallocation of the assessment upon the
subdivision of a parcel, and (v) reduction of the assessments for costs savings (pursuant
to the annual review of the service plan for the District) and repayment of bonds issued to
finance the public improvements. Additionally, a report will be prepared showing the
special benefits accruing to property in the District and how the costs of the public
improvements are assessed to property on the basis of the special benefits. The result
will be that equal shares of the costs will be imposed on property similarly benefited.
In assessing the costs of the public improvements, property will be classified
based on the use of the public improvements. For example, larger homes may generate
more use of the public improvements than smaller homes. Accordingly, there may be a
classification of property on the basis of the size or type of homes that may be built on a
parcel. Costs may also be assessed on the basis of the value of the property, or upon a
combination of size or type of house and value of property. Property may also be
classified on the basis of the location of the property within the District, if some sections
of the District receive more public improvements or public improvements of greater cost
than other sections of the District.
The assessment methodology will result in each parcel paying its fair share of the
costs of the public improvements provided with the assessments based on the special
benefits received by the property from the public improvements and property equally
situated paying equal shares of the costs of the public improvements.
Section 6. Apportionment of Cost between the City and the District. The City
will not be obligated to provide any funds to finance the proposed public improvements.
All of the costs of the proposed public improvements will be paid by assessments of the
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Page 182
property within the District and from other sources of funds, if any, available to the
developer of the Land.
Section 7. Management of the District. To the extent allowed by law, the
City may contract with either a non-profit, or a for -profit organization, including a Public
Facilities Corporation created by the City pursuant to Chapter 303, Texas Local
Government Code, as amended, to carry out all or a part of the responsibilities of
managing the District, including the day-to-day management and administration of the
District.
Section 8. Findings. The findings set forth in the preamble of this Resolution
are hereby found to be true and correct and are incorporated in the body of this
Resolution as if copied in their entirety.
Section 9. District Authorized. The Vintage Township Public Improvement
District is hereby authorized and created as a Public Improvement District under the Act
in accordance with the findings as to the advisability of the public improvements
contained in this Resolution.
Section 10. Notice of District Creation. The City's staff is directed to give
notice of the authorization for the establishment of the District by publishing a copy of
this Resolution once in a newspaper of general circulation within the City. Such
authorization shall take effect and the District shall be deemed to be established effective
upon the publication of such notice. The District shall exist until dissolved or terminated
as provided by law.
Section 11. Effective Immediately. This Resolution shall take effect
immediately from and after its passage and it is accordingly so resolved.
PASSED AND APPROVED this 24th day of February, 2006.
/S/ MARC MCDOUGAL
Mayor, City of Lubbock, Texas
ATTEST:
/s/ Rebecca Garza
City Secretary, City of
Lubbock, Texas
The City Council approved a Creation Resolution establishing the Vintage
Township Public Improvement District at their December 15, 2005 meeting.
This resolution changes the original Creation Resolution to increase the cost
of the improvements from $6 million to $9 million.
FISCAL IMPACT
No fiscal impact to the City. Any ongoing administration costs will be
payable by the developer or by assessments on property owners within the
Vintage Township Public Improvement District.
Staff recommended approval of this resolution.
Motion was made by Council Member Gilbreath, seconded by Council
Member Jones to pass Resolution No. 2006-ROIOO as recommended by staff.
Motion carried: 6 Ayes, 0 Nays.
Mayor Pro Tern Martin was away from the dais.
6.8. Public Hearing - 10:15 AM - Community Development: Hold a Public
Hearing to discuss the recommendations of the Community Development
and Services Board for the reallocation of unspent 2005 funds from the
Community Development Block Grant.
Mayor McDougal opened the public hearing at 10:18 a. in. Jeremy Haggard
and Joe Martinez appeared in favor of the recommended reallocations. No
one appeared in opposition. Mayor McDougal closed the hearing at 10:24
a. in.
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Page 183
On January 11, 2006, the Community Development Services Board (CDSB)
met to discuss the reallocation of $481,952 in unspent 2005 Community
Development Block Grant (CDBG) funds. After reviewing the spending
priorities as presented by Council, the CDSB voted unanimously to approve
the following funding recommendations.
Agency
COL -CD Department
YWCA of Lubbock
COL -CD Department
Inside Out Ministry
COL -CD Department
Total
FISCAL IMPACT
Project Amount
Sidewalks, Habitat for Humanity $ 10,000
Sun `n Fun Phase II 96,952
Street Paving, W. End Neighborhood 250,000
Facility Renovation 45,000
Emergency Repair Program 70,000
$481,952
The $481,952 of unspent 2005 CDBG funds will be reallocated according to
established City Council priorities.
6.9. Public Hearing - 10:15 AM - Community Development: Hold a Public
Hearing to discuss the recommendations of the Community Development
and Services Board to identify the streets to be paved under the West End
Paving Project with funds from the Community Development Block
Grant.
Mayor McDougal opened the public hearing at 10:25 a. m. No one appeared
on behalf of the West End Paving Project. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:25 a. m.
On January 11, 2006, the Community Development Services Board (CDSB)
met and discussed the identification of streets for the West End Paving
Project. The CDSB is recommending that all available street paving money
be used to complete the paving of the unpaved streets located within the
boundaries of the West End Neighborhood Association. There are a total of
10 blocks that have been identified. They are on 20th, 21 st, 23rd, 24th, and
26th Streets between Iola and LaSalle Avenues.
6.10. Street Paving Resolution - Community Development: Resolution No.
2006-RO101 identifying the streets that will be paved under the West End
Street Paving Project which is funded through the Community
Development Block Grant.
RESOLUTION NO. 2006-I10101
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby accept the
recommendation of the Community Development Services Board the streets to be paved
under the West End Street Paving Project as identified in Exhibit "A". Said Exhibit is
incorporated in this Resolution and is available for review in the City Secretary's office,
as if fully set forth herein and shall be included in the minutes of the City Council.
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February 24, 2006
Page 184
Passed by the City Council this 24th day of February, 2006.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Bill Howerton, Jr.
Bill Howerton, Jr., Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Exhibit A is filed with Resolution No. 2006-RO101.
On January 11, 2006, the Community Development Services Board (CDSB)
met and discussed the identification of streets for the West End Paving
Project. The CDSB is recommending that all available street paving money
be used to complete the paving of the streets located within the boundaries of
the West End Neighborhood Association. There are a total of 10 blocks that
have been identified. They are on 20th, 21 st, 23rd, 24th, and 26th Streets
between Iola and LaSalle Avenues.
FISCAL IMPACT
There is no fiscal impact on the General Fund involved with the vote to
identify the streets to be paved under the West End Paving Project. The funds
used are federal funds from the Community Development Block Grant. If the
project runs over budget, neither federal funds nor funds from the General
Fund will be impacted.
Staff recommended approval of this resolution.
Bill Howerton, Director of Community Development, gave comments and
answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-ROIOI as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
6.16. Contract Resolution —Facilities Management: Resolution No. 2006-RO102
for Design/Build for Municipal Building HVAC Replacement - RFQ
#05-105-VK.
RESOLUTION NO. 2006-RO102
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 designibuild
for Municipal Building HVAC replacement, RFQ 05-105-VK, by and between the City
of Lubbock and Bruce Thornton Air Conditioning, 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.
Regular City Council Meeting
February 24, 2006
Page 185
Passed by the City Council this 24th day of February, 2006.
/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/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2006-R0102.
Major components of the City Hall heating and air conditioning system
(HVAC) are old, worn out, inefficient, and in need of replacement. Some of
the components are no longer dependable, and could fail during critical
summer months when the system is needed most. Replacement of the major
components takes time, and if a failure should occur, the City Hall building
could be without air conditioning for a number of months.
As allowed by state law for design/build proposals, the City invited
contractors to submit qualifications to be considered for this project. Five
contractors were recommended in accordance with state law that limits the
number of final participants that can submit a proposal. Out of the five
contractors recommended, three submitted proposals for design/build services.
The contractor recommended, which is Siemens Building Technologies,
proposes a base bid with additional alternates. The base proposal includes the
following major system improvements:
Replacement of the chiller with a new air-cooled 250 ton chiller.
Replacement of two chiller water pumps with Bell & Gossett pumps with
premium efficient invert duty motors.
Implement a variable chilled -water distribution.
Replace air handling units #1 and #2.
Refurbish 63 existing air terminals.
Other supporting controls, parts and equipment as outlined in the detailed
proposal.
The proposal also includes additional alternates. The alternates to the base bid
would provide for the replacement of air handling units #3, #4 and #5 as well
as the boiler, along with supporting controls, parts and equipment as outlined
in the detailed proposal.
The base proposal addresses the major components that keep the City Hall
HVAC system operational. If the City waits on these items until they fail, the
replacement time could be a number of months for equipment procurement
and installation. The replacement on an emergency basis may not be as well
thought out and part of a plan to upgrade the entire system for energy
efficiency and system effectiveness. Failure of any item in the alternate
proposals might impact a portion of the City Hall building for a month or
more until replacement parts are procured and installed.
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Page 186
Eighty-six local contractors were notified of this Invitation to Bid and four
responded.
FISCAL IMPACT
A total of $609,673 was appropriated with $607,693 available in Capital
Improvement Project number 91048, City Hall HVAC Renovation.
The base proposal from Siemens is $795,273. With the alternates, the
proposal is for $1,268,214. Staff had requested up to $800,000 to help with
the replacement of the chiller and pumps. An additional $200,000 is
necessary to proceed with the base proposal and an additional $670,000 to
proceed with the base proposal and the alternates.
Staff recommended contract award to Siemens Building Technologies of
Irving, Texas for $795,273 subject to appropriation of funds.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO102 with an amendment to award the
contract to Bruce Thornton Air Conditioning. Motion carried: 7 Ayes, 0
Nays.
6.17. Contract Resolution — Cemetery: Resolution No. 2006-RO103 authorizing
the Mayor to execute a change order to the contract previously executed
between the City of Lubbock and Cold Spring Granite Company for
construction of a mausoleum at the City Cemetery.
RESOLUTION NO.2006-RO103
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 change order to the
Contract previously executed between the City of Lubbock and Cold Spring Granite
Company for construction of a mausoleum at the City Cemetery, and related documents.
Said change order to the 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 24th day of February, 2006.
/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/ Mitchell Satterwhite
Mitchell Satterwhite, Assistant City Attorney
A copy of the change order to the Contract is filed with Resolution No. 2006-RO103.
The proposed change order to the contract will modify the terms of the
previously executed contract with Cold Spring Granite Company approved by
the City Council on December 3, 2001, Resolution 2001-R0505. The
modified contract terms provide for the construction of a 588 crypt and 100
niche mausoleum at the City Cemetery. The original contract provided for the
construction of an 1176 crypt and 200 niche mausoleum. Construction is to
begin after acceptance of the change order by City Council.
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Regular City Council Meeting
February 24, 2006
Page 187
The City of Lubbock has reached a compromise and settlement agreement
with Community State Bank of Austin to settle on -going litigation between
parties and to construct a mausoleum at the City of Lubbock Cemetery. A
separate resolution authorizing the compromise and settlement agreement with
Community State Bank is on the agenda.
FISCAL IMPACT
Cold Spring Granite Company will be paid an amount not to exceed $510,000
to construct the mausoleum. As part of the agreement with Community State
Bank of Austin to construct the mausoleum at the City of Lubbock Cemetery,
the City's portion of the cost is an amount not to exceed $255,000.
This will be funded through the issuance of certificates of obligation in Spring
2006.
Staff recommended approval of this resolution.
Quincy White, Assistant City Manager; George Lisenbee, Building Energy
Management Administrator; and, Victor Kilman, Purchasing and Contract
Manager, gave comments and answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO103 as recommended by staff. Motion
carried: 5 Ayes, 2 Nays. Mayor Pro Tern Martin and Council Member Boren
voted Nay.
6.18. Compromise and Settlement Agreement Resolution — Cemetery:
Resolution No. 2006-RO104 authorizing the Mayor to execute a
Compromise and Settlement Agreement between the City of Lubbock
and Community State Bank of Austin finally settling the dispute in the
matter of City of Lubbock v. Crouch & Associates, Ltd. and Community
State Bank, Cause No. 2004-528,092 in the 72nd District Court of
Lubbock County, Texas, and financing the mausoleum's construction,
and allocating the proceeds from crypt and niche sales in the proposed
mausoleum.
RESOLUTION NO.2006-RO104
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 Compromise and
Settlement Agreement in City of Lubbock v. Crouch & Associates, Ltd. and Community
State Bank; Cause No. 2004-528,092, pending in the 72nd District Court of Lubbock
County, 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 this City Council.
Passed by the City Council this 24th day of February, 2006.
/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/ Mitchell Satterwhite
Mitchell Satterwhite, Assistant City Attorney
Regular City Council Meeting
February 24, 2006
Page188
A copy of the Compromise Settlement Agreement is filed with Resolution No.
2006-110104.
This resolution authorizes a compromise and settlement agreement with
Community State Bank of Austin to settle ongoing litigation by financing the
construction of a mausoleum at the City of Lubbock Cemetery. Community
State Bank owns, or has been pledged, 93 contracts with individuals who have
purchased crypt or niche space at the mausoleum pursuant to the original
contract with Crouch & Associates, Ltd. Under this compromise and
settlement agreement, Community State Bank will immediately provide
matching funds, as invoiced, toward the construction of the mausoleum at the
City of Lubbock Cemetery, with the total cost of the construction project not
to exceed $510,000.00. In return, Community State Bank of Austin will
receive a percentage of the proceeds from the sale of every other crypt or
niche space from the mausoleum. The agreement also provides that the
lawsuit instituted by the City of Lubbock against Community State Bank
dismissed and finally settled.
FISCAL IMPACT
Cold Spring Granite Company will be paid an amount not to exceed $510,000
to construct the mausoleum. As part of the agreement with Community State
Bank of Austin to construct the mausoleum at the City of Lubbock Cemetery,
the City's portion of the cost is an amount not to exceed $255,000.
This will be funded through the issuance of certificates of obligation in Spring
2006.
Staff recommended approval of this resolution.
Assistant City Manager Quincy White gave comments and answered
questions from Council. City Manager Lee Ann Dumbauld and City Attorney
Anita Burgess also answered questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2006-RO104 as recommended by staff. Motion
carried: 5 Ayes, 2 Nays. Mayor Pro Tem Martin and Council Member Boren
voted Nay.
Motion was made by Council Member Boren, seconded by Mayor Pro Tem
Martin to reconsider Item 6.18. Motion carried: 4 Ayes, 3 Nays. Council
Members DeLeon, Jones, and Price voted Nay.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2006-RO104 as recommended by staff.
Motion carried: 5 Ayes, 2 Nays. Mayor Pro Tem Martin and Council
Member Boren voted Nay.
6.24. Code of Ordinances Ordinance 1st Reading - Health: Ordinance No.
2006-00025 amending Chapter 4 of the Code of Ordinances of the City of
Lubbock, Texas with regard to regulating the keeping of animals within
the City of Lubbock; providing for criminal penalties; providing a
savings clause; and providing for publication.
ORDINANCE NO.2006-00025
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
REGULATING THE KEEPING OTIES;SWITHIN THE CITY OF PROVID G A SAVINGS CLUBBOCK; AUSE;
PROVIDING FOR CRIMINAL PENAL
AND PROVIDING FOR PUBLICATION.
The proposed ordinance is the result of significant collaborative efforts
between two city appointed advisory boards, citizen comments, staff input,
and public hearings. The Animal Shelter Advisory Board, under the
leadership of Dr. Larry Farley, and the Lubbock Board of Health, under the
leadership of Immediate Past -Chair Dr. John Selby, participated in the
development of this ordinance.
RM
Regular City Council Meeting
February 24, 2006
Page 189
A comprehensive ordinance is essential for establishing a successful animal
care and services program and for helping ensure immediate, as well as long-
term, results. Effective animal control ordinances and state statutes typically
evolve over a period of years. The proposed animal ordinance provides for
the following:
protects public safety through mechanisms for preventing animal bites,
attacks, and accidents caused by free -roaming animals;
protects public health through mechanisms for preventing the spread of
zoonotic diseases, especially rabies;
discourages the breeding of cats and dogs and encourages their spaying
and neutering;
ensures that every pet is traceable to its owner in order to foster
responsible pet -owner accountability and increase the numbers of lost pets
reunited with their owners;
regulates all persons selling, boarding, displaying, harboring, or otherwise
using animals;
deals with the protection as well as the control of animals;
treats dogs and cats as the primary concern, but also provide for the
control and protection of other species;
attempts to anticipate and provide remedies for animal -related problems
likely to occur within the community;
places penalties on irresponsible animal owners; and
includes strong implementation and enforcement procedures.
A public hearing was conducted on January 10, 2006, with approximately 100
citizens in attendance and 23 people signed up to speak. Many of the citizens'
recommendations were incorporated into the final version of the ordinance.
The Animal Shelter Advisory Committee gave its final review and approval
on February 7, 2006, followed by similar action by the Lubbock Board of
Health on February 10, 2006.
The approximately 30-page ordinance is divided into 5 major Articles with 41
Sections. Many of these sections have been in our existing ordinance are
receiving minor changes whereas other section are entirely new.
SIGNIFICANT NEW CHANGES BY ARTICLE AND SECTION
Article 1—In General
At -Large definition —Cats are not confined and must be
identified/spayed/neutered and properly vaccinated if running loose.
Feral Cats —new definitions are now included.
Dangerous Wild Animals —outlawed except for existing animals that are
grand fathered.
Section 4-7Tethering of Animals —prohibits prolonged tethering unless
properly fenced.
Section 4-9 Defecation of Dogs on Public and Private Property —this is a
new section prohibiting the defecation of dogs on public or private
property and requires the dog owner to have materials in possession to
immediately remove any excreta the dog may have deposited.
Section 4-10 Unabated Nuisances —new section and new tool to address
recurring animal related problems.
Section 4-14 Number of Dogs and Cats at Residences / Multi -Pet
Permit —This section places a limit on the number of adult dogs a single
resident can possess at four and the number of adult cats at four. There is
a provision to exceed that number by obtaining a multi -pet permit. These
changes are being coordinated with the Zoning Board and there may be a
Regular City Council Meeting
February 24, 2006
Page 190
slight period of conflict between adoption of the Animal Ordinance and
adoption of zoning requirements.
Section 4-15 Feral Cat Management —This is a new section dealing with
managed feral cat colonies within the city limits. Considerable input was
received from concerned citizens to establish this section and to have a
managed feral cat program.
Article II -Rabies and Zoonosis Control
Section 4-20 Identification/Registration Tag and/or Microchip Required —
This re-establishes the registration tag program for cats and dogs.
Microchipping is new technology that is being addressed in the ordinance.
Section 4-24 Animal Population Control Program —This is a new section
to promote a sterilization program to eventually reduce the number of
unwanted animals having to be euthanized on an annual basis. Only those
fees generated from the registration tags would be used for this new
program.
Article III -Animal Establishments
Section 4-30 Private Animal Sales —No owner or person shall display for
commercial purpose, offer, sell, trade, barter, lease, rent, or give away, any
live animal, on any roadside, public right-of-way, commercial parking lot,
or any flea market. This provision does not prohibit the sale or purchase
of animals from a person's private residence.
Article IV —Other Animals
Section 4-33 Keeping of Dangerous Wild Animals —This section outlaws
the keeping of dangerous wild animals unless existing permit holders
make written application to the Animal Services Manager per
requirements under state law.
Article V—Fees
Section 4-40 Fees for Registrations —Several new fees have been
proposed and several others adjusted. Revenue from the dog and cat fee
registration would be used in an animal population control program to
promote sterilization of animals. A rabies quarantine fee would be
implemented to address 10 day quarantine periods for biting animals.
Adoption fees have been standardized. A non-resident fee is established.
FISCAL IMPACT
Total annual revenue is expected to increase by $100,000. Approximately
$60,000 of that total revenue would be attributed to registration fees and re-
establishing that program.
The Lubbock Health Board, Animal
Department, and Animal Services
ordinance.
Shelter Advisory Committee, Health
staff recommended approval of the
Tommy Camden, Health Director, gave a presentation and answered questions
from Council on the amendments to the Code of Ordinance pertaining to the
keeping of animals within the city limits. Fred Sanderson, Animal Services
Manager, gave comments and answered questions from Council. City
Manager Lee Ann Dumbauld also answered questions from Council.
Mayor Pro Tern Martin stated that he would like to see a proposal in the
budget for more cat traps and wild animal traps, since the traps are made
available to the citizens that request them.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass on first reading Ordinance No. 2006-00025 as amended
by Animal Services staff. Motion carried: 7 Ayes, 0 Nays.
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Regular City Council Meeting
February 24, 2006
Page 191
11:50 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
4:45 P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pro Tern
Martin adjourned the meeting.
Read and approved this 26th day of January, 2007.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
191