HomeMy WebLinkAboutMinutes - City Council - Regular - 12/19/2006CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2006
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 19th
day of December, 2006, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:30 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor David A. Miller, Mayor Pro Tem Jim Gilbreath, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Phyllis Jones, Council Member John Leonard, Council
Member Floyd Price
Absent: No one
1. CITIZEN COMMENTS
1.1. Mark Stripling, Pastor of Grace Assembly of God will appear before the
City Council to discuss continuance of water service to the church located
at 1114 84th Street.
Citizen was not present.
• Rick Bennett, Isabel Pratt, Nancy Garrett, Bill Tarver, Ron Peterson, and David
Spears voiced their opposition to Council on the issue of red light cameras.
2. EXECUTIVE SESSION
Mayor Miller 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."
7:47 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council 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 (Electric Utilities,
Environmental Compliance, Right -of -Way, Solid Waste, Water Utilities).
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 (Electric Utilities, Parks and Recreation, Right -of -Way,
Visitors Center).
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 Fire Chief) and take appropriate action.
2.4. Hold an executive session in accordance with V.T.C.A. Government Code,
Section 551.086, on the following competitive matters (Electric Utilities):
2.4.1 to deliberate, vote and take final action on electric rates of Lubbock
Power and Light;
2.4.2 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;
Regular City Council Meeting
December 19, 2006
2.4.3 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.
2.5. 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).
9:50 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council
Member Gary 0. Boren; Council Member Linda DeLeon; Council
Member Phyllis Jones; Council Member John Leonard; Council
Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor Miller reconvened the meeting at 9:50 a.m.
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Invocation by Dr. Will Cotton, St. Luke's United Methodist Church.
Dr. Cotton was unable to attend, and the invocation was given by Council
Member Leonard.
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.
4. MINUTES
4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting,
November 21, 2006
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member
Price to approve the minutes of the Regular City Council Meeting of November
21, 2006 as recommended by staff. Motion carried: 6 Ayes, 0 Nays.
Council Member Boren was away from the dais.
5. CONSENT AGENDA (Items 5.1-5.6, 5.9-5.11, 5.13-5.14, 5.16, 5.18-5.20, 5.23-5.24,
5.29-5.31)
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member Jones
to approve 5.1-5.6, 5.9-5.11, 5.13-5.14, 5.16, 5.18-5.20, 5.23-5.24, 5.29-5.31 on
consent agenda as recommended by staff. Motion carried: 7 Ayes, 0 Nays.
5.1. Zone Case No. 2573-I (5002 Auburn Street) Ordinance 2nd Reading -
Zoning: Ordinance No. 2006-00125 Consider request of I & S Investment
Group for a zoning change from C-3 to IHC on 9 acres out of Block A,
Section 22, Tracts C and D, and to consider an ordinance.
ORDINANCE NO. 2006-00125
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2573-I; A ZONING CHANGE FROM C-3 TO IHC
ZONING ON 9 ACRES OUT OF BLOCK A, SECTION 22, TRACTS C AND D,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
The area being requested for rezoning is zoned C-3 in all directions and
adjacent to a recently completed La Quinta Motel. Adjacent land use is zoned
for commercial in all directions.
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The request is consistent with the conceptual Comprehensive Land Use Plan
Amendment for the area bounded by Erskine, Chicago, and Northwest Loop
289. The Plan illustrates a variety of commercial, entertainment, and high
density development in this triangle. The proposed use will have no immediate
effect on any single family development since there is none in the vicinity.
The project will have an impact on the thoroughfare system in the future. The
Metropolitan Planning Organization, Texas Department of Transportation, and
City Council are actively engaged in the development of extension
improvements of the Northwest Passage thoroughfare system to help alleviate
the increased load on the system when improvements in this area are
accomplished.
The Planning Commission recommended approval of the request.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
5.2. Zone Case No. 3069 (5710 and 5712 45th Street) Ordinance 2nd Reading -
Zoning: Ordinance No. 2006-00126 Consider request of Jack Hargrave
(for Church of the Harvest A/G) for a zoning change from R-1 to A-2
limited to church and church related uses on Lots 5-7, Block 10
Westmoreland Addition, and to consider an ordinance.
ORDINANCE NO. 2006-00126
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3069; A ZONING CHANGE FROM R-1 TO A-2
ZONING LIMITED TO CHURCH RELATED USES, ON LOTS 5-7, BLOCK 10,
WESTMORELAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
This proposal will add a parcel west of an existing church and zone for the
entire location of the church.
Adjacent land uses:
N — multifamily
S — residentially zoned
E — existing church
W — commercial
The expansion of the church on this property is the most practical use of the
small parcel. New development of residential on this property is very remote
considering the adjacent land uses. The request is consistent with policies
within the Comprehensive Land Use Plan. Approval of the request should not
cause any impact on the thoroughfare system.
The Planning Commission recommended approval of the request with one
condition:
Limited to church and church related uses.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
5.3. Zone Case No. 3070 (8116 19th Street) Ordinance 2nd Reading - Zoning:
Ordinance No. 2006-00127 Consider request of Joe Haynes (for Haynes
Meat Market) for a zoning change from T to C-4 on .823 acres out of Tract
M, Block D6, Section 2, and to consider an ordinance.
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ORDINANCE NO.2006-00127
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO.3070; A ZONING CHANGE FROM T TO C-4 ZONING
ON .823 ACRES OUT OF TRACT M, BLOCK D6, SECTION 2, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This request will zone a building occupied by Haynes Meat Market as a
nonconforming use for a number of years. The structure has been used in a
nonconforming manner since it was annexed and remains zoned "T".
Adjacent land uses:
N
— vacant
S —
vacant
E —
commercial
W
— commercial
The proposal meets the "West 19th Street Corridor" policy criteria that have
been informally followed by the Planning Commission and City Council for
years with regard to zoning for C-4 along 19th Street west of Loop 289.
Traditionally, a number of normally permitted uses C-4 permitted uses have
been eliminated from those cases on west 19th. The policy has evolved since
the 1960s on land outside the Loop adjacent to 19th Street since the street is a
State Highway and many heavy commercial uses were inherited during the
annexation process. The Comprehensive Land Use Plan recommended that C-4
be limited to major highways and expressways but several C-4 uses have been
identified during numerous zone cases as not the most compatible with the
entry portal to Lubbock represented by 19th Street. Thus, the request with
conditions meets both Comprehensive Land Use Plan and zoning policies. Mr.
Haynes indicates the proposed "strikes" will work for his purposes. The project
will have no additional impact on the thoroughfare system.
As in a number of previous cases, the Planning Commission recommended the
request with the following conditions:
1. The zoning shall be C-4 with the elimination of the following as permitted
uses:
• Automobile body shops
• Billboards
• Commercial private clubs and teenage clubs
• Dancehall
• Used furniture store
• Game room except as an incidental use, pool, billiard and/or domino
parlor
• Motorcycle shop
• Second hand goods store or pawn shop
• Used car lot
• Nightclubs
2. When redeveloped, the parcel shall be limited to one curb return.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
5.4. Zone Case No. 3071 (2915 98th Street) Ordinance 2nd Reading - Zoning:
Ordinance No. 2006-00128 Consider request of Hugo Reed and
Associates, Inc. (for SW Commercial Management) for a zoning change
from R-1 to GO on one acre, Block E2, Section 20, and to consider an
ordinance.
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ORDINANCE NO. 2006-00128
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3071; A ZONING CHANGE FROM R-1 TO GO
ZONING ON ONE ACRE, BLOCK E2, SECTION 20, LUBBOCK, TEXAS; SUBJECT
TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
This request will rezone a farmstead home parcel that has been on 98th Street
for many years.
Adjacent land uses:
N — residential
S — existing farm
E — vacant, zoned residential
W vacant, zoned Garden Office
The proposal is on a parcel adjacent to an undeveloped Garden Office tract to
the west and the remnants of a former cattle operation on the south. A home
remains on the land to the south but the cattle operation no longer exists, and
the land is zoned R-1.
As a buffer District adjacent to 98th Street, the Garden Office fits the concept
of policy within the Comprehensive Land Use Plan.
With the size of the parcel and location, staff recommended a limitation of one
curb return when the parcel is redeveloped as an office and when parking is
installed. This will cause less congestion on 98th Street at this location.
Otherwise, approval of the project should have no negative effect on the
thoroughfare system.
The Planning Commission recommended the request with one condition:
When redeveloped, the parcel shall be limited to one curb return.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
5.5. Zone Case No. 2933-A Ordinance 2nd Reading - Zoning: Ordinance No.
2006-00129 Consider request of Betenbough Homes for a zoning change
from GO, A-2, R-2, R-1 and T to C-3, A-2 and R-1 Specific Use on 60 acres
of Section 27, Block A, and to consider an ordinance.
ORDINANCE NO. 2006-00129
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2933-A; A ZONING CHANGE FROM GO, A-2, R-2,
R-1 AND T TO C-3, A-2 AND R-1 SPECIFIC USE FOR SINGLE FAMILY HOMES
WITH REDUCED SETBACK ON 60 ACRES OF SECTION 27, BLOCK A,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The map provided in backup is distinguished by 12 tracts of land. Ten of the
tracts are requested for rezoning as the master plan for the Monterey Park
development matures. Tracts 8 and 9 on the drawing are already zoned and are
not included in this request.
The zoning adjacent to the various tracts is a mixture of single family,
apartment, and commercial.
Descriptions of current and proposed zoning for the various tracts of land (Tract
numbers are shown on drawing in backup):
1. Garden Office to C-3 between Pontiac and residential that faces Quincy.
2. A-2 to C-3 (to combine with Tract 1) between Pontiac and residential that
faces Quincy.
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3. A-2 to R-1 Specific Use (the new cul de sac as 83rd Street).
4. R-2 to R-1 Specific Use between Mobile Avenue and Pontiac that back up
to the A-2 on 82nd Street (north of 84th).
5. R-2 to C-3 that will combine with C-3 to the north on 82nd Street facing
Milwaukee.
6. R-1 to C-3 that will combine with Tract 5 to add to the C-3 on 82nd —
facing the new Wal-Mart under construction east of Milwaukee.
7. R-2 to R-1 Specific Use with conditions west of Milwaukee along 94th
Street.
8. The A-2 illustrated on the drawing in backup is currently zoned A-2.
9. The C-3 at the corner of 98th Street and Milwaukee is in place.
10. A-2 out of "T" zoned property at the present, not included in the zoning
request.
11. A-2 out of "T" zoned property at the present, not included in this zoning
request.
12. The C-3 request represents a policy request.
Review of requests by Area numbers:
• Tracts 1 and 2 are consistent with the strip commercial that is prevalent with
other strip commercial and non-residential uses along 82nd Street. The
applicant is proposing Tract 3 as single family to the south and will have to
deal with any impact the proposed commercial has on land sales. The Dakota
Arms apartments are to the east.
• Tracts 3 and 4 are proposed to be down zoned to single family with
conditions for reduced setback that have become the norm for new
development.
• Tracts 5 and 6 are an extension of the existing C-3 along Milwaukee, and are
across from the Wal-Mart that is under construction, with an alley to the south
that will border single family. The Code will require a screening fence on the
south and west of these two tracts, and again, any marketing issue for that
residential property will be an issue with the applicant.
• Tract 7 is a down zone, which is normally an acceptable Comprehensive Land
Use Plan issue, and the applicant will have his own marketing issue with the
proposed A-2 that is in place in Tract 8.
• Tract 8 is an existing buffer A-2 district between the C-3 already zoned for
Tract 9 and the residential noted at Tract 7.
• Tract 9 is per Comprehensive Land Use Plan policy and is currently zoned C-
3 (corner of 98th Street and Milwaukee).
• Tracts 10 and 11 are A-2 requests, which may eventually find a market as
either church tracts or apartment tracts. Regardless, the request is consistent
with Comprehensive Land Use Plan Policy in that apartments and/or churches
are located on the perimeter of neighborhoods with access to a major
thoroughfare. The staff has discussed with Mr. Betenbough that the "holding"
of these two tracts for possible future commercial development would not be
consistent with current development policy.
• Tract 12 is consistent with the Comprehensive Land Use Plan as policy for
commercial at the corner of 98th Street and Upland Avenue.
The proposals, while several are out of the parameters of the current
Comprehensive Land Use Plan policy in theory, fit the development patterns
that have evolved in this part of the community.
Obviously, the entire development will have a major impact on the surrounding
thoroughfare system. That is a capital expense issue that will have to be
addressed by the City Council and future bond funding proposals.
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The Planning Commission recommended the requests with the following
conditions:
1. Tracts 1 and 2 (C-3) shall be subject to a review of a master curb cut plan
by the Planning Commission prior to any portion of the parcels being final
platted.
2. Tracts 3, 4 and 7 shall be zoned as R-1 Specific Use subject to the following
conditions:
• The front setback minimum shall be 20 feet for non- cul de sac lots.
• The front setback minimum for a cul de sac lot shall be five feet with the
— exception that any front entry garage shall have a 20-foot setback.
• Any corner lot shall have a minimum side setback of five feet and the
back yard fence adjacent to the street shall also have a five-foot setback.
3. Tracts 5 and 6 (C-3) shall have a limit of two curb cuts for the entire length
of the parcels along Milwaukee Avenue.
4. Tracts 10, 11 (A-2) and 12 (C-3) shall have a master curb cut plan approved
by the Planning Commission for the portions adjacent to a thoroughfare
prior to final plat of any portion of the parcels.
FISCAL IMPACT
No iminediate fiscal impact is anticipated. As the development is completed,
the City will receive additional property tax revenue.
Staff supports the recommendation of the Planning Commission.
5.6. Zone Case No. 3049-A Ordinance 2nd Reading - Zoning: Ordinance No.
2006-00130 Consider request of Betenbough Home for a zoning change
from T to C-3 and R-1 Specific Use on 71 acres out of Block E, Section 10,
and to consider an ordinance.
ORDINANCE NO. 2006-00130
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3049-A; A ZONING CHANGE FROM T TO C-3
AND R-1 SPECIFIC USE FOR SINGLE FAMILY HOMES WITH REDUCED
SETBACK ON 71 ACRES OUT OF BLOCK E, SECTION 10, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
The request is divided into two tracts:
l . The corner at 98th Street and Avenue P is requested as C-3.
2. The residential portion of the subdivision is requested as Specific Use to
accommodate a reduction in setback for the front and side that has become
common in new developments.
Adjacent land use:
N — a mixture of residential and commercial, annexed as nonconforming
S — residential, a manufactured home community that is not in the City limits
E — residential and commercial policy, not developed
W — residential
The request represents a policy zone case with regard to the Comprehensive
Land Use Plan and zoning policy.
The project will have an impact on the thoroughfare system by creating higher
use demands. Because of the thoroughfare status of both Avenue P and 82nd
Street, a staff request will be presented for a review of curb cuts from the C-3
portion prior to platting any portion of the parcel.
The Planning Commission recommended the request with the following
conditions:
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1. The C-3 tract shall be subject to a review of a master curb cut plan by the
Planning Commission prior to any portion of the parcel being final platted.
2. Tracts residential portion of the request shall be zoned as R-1 Specific Use
subject to the following conditions:
• The front setback minimum shall be twenty feet for non-cul de sac lots.
• The front setback minimum for a cul de sac lot shall be five feet with the
exception that any front entry garage shall have a twenty -foot setback.
• Any corner lot shall have a minimum side setback of five feet and the back
yard fence adjacent to the street shall also have a five- foot setback.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff supports the recommendation of the Planning Commission.
5.7. This item was moved from consent agenda to regular agenda and
considered following Item 5.31
5.8. This item was moved from consent agenda to regular agenda and
considered following Item 5.7.
5.9. Municipal Settings Designation Ordinance 1st Reading - Environmental
Compliance: Ordinance No. 2006-00133 providing for a Municipal
Settings Designation as authorized by the Texas Legislature as an
alternative means for addressing groundwater contamination when
potable water supplies are available.
ORDINANCE NO.2006-00133
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY AMENDING ARTICLE V,
BY ADDING SECTIONS 28-171 THROUGH SECTION 28-180 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK ESTABLISHING THE PROCEDURE
FOR MUNICIPAL SETTING DESIGNATIONS; PROVIDING FOR A PUBLIC
HEARING; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Beneath many industrial and commercial properties lie historical plumes of
contaminated groundwater. In some cases, it is difficult to tell the point or
points of origination or exact identities of parties who should be responsible for
environmental remediation because the contaminants have migrated across
property lines and have even mixed with other plumes. These problems often
prevent the use and redevelopment of property, because even though the water
is not used for consumption, returning the groundwater to compliance with
drinking water standards would be prohibitively costly. The Texas legislature
addressed this problem in 2003 by authorizing the Texas Commission on
Environmental Quality (TCEQ) to work with local governments to create
procedural ordinances termed "Municipal Settings Designations" (MSDs) that
allow special dispensation for areas served by community water systems. Costs
for environmental investigations and remediation are significantly reduced for
urban properties that qualify for MSD status, encouraging restoration and
revitalization of the local property tax base as the properties are subsequently
redeveloped. Under MSD status, only the groundwater consumption exposure
pathway requirements are relaxed because the consumption pathway is
eliminated. MSD status does not eliminate the requirement to address other
exposure pathways such as contact, inhalation and impact to ecological
receptors.
Specific criteria must be met in order for properties to qualify for MSD status:
• An alternate potable water source, such as a municipal water supply, must be
available.
• A legal description of the outer boundaries of the MSD must be established.
• A local procedural ordinance or restrictive covenant enforceable by the
municipality prohibiting potable use of groundwater within one-half mile of
Regular City Council Meeting
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the boundaries of the designated area must be approved by the local city
council.
• Cities, utilities and private water well owners found to be within five miles of
the area proposed for designation must be identified and notified.
• Cities and retail public utilities have veto power over proposed MSDs, and
each MSD must be supported by the city council in order to qualify.
• A properly completed application including legal description, use restrictions,
proof of notice and a $1,000 state filing fee must be submitted to and
subsequently approved by the Executive Director of the TCEQ.
-- The attached draft ordinance incorporates a public hearing. If adopted, the
ordinance will provide a mechanism for private and public owners of
contaminated properties to reduce or avoid costs for investigation and
remediation of groundwater that is not utilized as a drinking water resource,
provided that Council subsequently supports each individual designation by
way of a resolution. Again, the City and retail public utilities have veto power.
The ordinance has been reviewed by and has received preliminary approval
from the TCEQ. The ordinance provides public protection from dangers
associated with consumption of contaminated groundwater, encourages
appropriate use and redevelopment of property, avoids waste of monetary
resources for remediation of non -essential groundwater and enhances the local
property tax base.
FISCAL IMPACT
A fee payable to the City in the amount of $2,000 is specified for each
application. Staff anticipates from two to six applications per year, generating
$4,000 to $12,000 of revenue to the General Fund.
Staff recommended approval of the first reading of this ordinance.
5.10. Right -of -Way Ordinance 2nd Reading - Right -of -Way: Ordinance No.
2006-00124 Consider an ordinance abandoning and closing a portion of a
10-foot sewer line easement located in Lot 305, Suncrest Addition,
easement located at 4722 106th Street.
ORDINANCE NO.2006-00124
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 10-
FOOT SEWER LINE EASEMENT LOCATED IN LOT 305, SUNCREST ADDITION
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE DIRECTING
THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO
REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance was first read as a consent agenda item at the City Council
meeting held on December 7, 2006. This ordinance considers abandoning and
closing a portion of a 10-foot sewer line easement along the south side of Lot
305, Suncrest Addition. This easement was dedicated before the platting of the
lot and the developer is now requesting the closure of a portion of this
easement. Water Utilities Engineering Department is in agreement with closing
a portion of this sewer line easement.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended approval of the second reading of this ordinance.
5.11. Paving Improvements Resolution - Streets: Resolution No. 2006-RO588
accepting paving improvements in Stonebrook South Addition, Lots 37-
99, and directing payment to the developer for the City's portion of the
cost of such improvements.
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RESOLUTION NO.2006-RO588
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter 25
of the City of Lubbock Code of Ordinances, the subdivider of Lots 37-99, Stonebrook
South Addition, made arrangements with Allen Butler Construction Company, Inc. for the
construction of paving improvements on certain streets and avenues dedicated in said
subdivision under the provisions of said Ordinance prior to the recording of the subdivision
plat of the above -mentioned Addition, including the following streets and avenues:
1061h Street from the East lip line of Detroit Avenue to 7 feet West of the West
property line of the alley East of Detroit Avenue, known and designated as New
Subdivision Sub -Unit Number 94 of Unit Number 2043.
106th Street from the cul-de-sac West of Dixon avenue to point of tangency of
curve at Detroit Avenue, known and designated as New Subdivision Sub -Unit
Number 95 of Unit Number 2043.
1071h Street from the cul-de-sac West of Dixon Avenue to the West lip line of
Dixon Avenue, known and designated as New Subdivision Sub -Unit Number 96 of
Unit Number 2043.
107th Street from the East lip line of Detroit Avenue to 7 feet West of the West
property line of the alley East of Detroit Avenue, known and designated as New
Subdivision Sub -Unit Number 78 of Unit Number 2047.
The North half of 108th Street from the East end of radius at Elgin Avenue to 7 feet
West of the West property line of the alley East of Detroit Avenue, known and
designated as New Subdivision Sub -Unit Number 97 of Unit Number 2043.
Detroit Avenue from the North lip line of 108th Street to the North end of radius at
106th Street, known and designated as New Subdivision Sub -Unit Number 98 of
Unit Number 2043.
Dixon Avenue from the North lip line of 108th Street to the South lip line of 106th
Street, known and designated as New Subdivision Sub -Unit Number 99 of Unit
Number 2043.
WHEREAS, the construction of the above improvements on the above -mentioned
streets and avenues was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets and avenues BE and the same are hereby accepted and the City Engineer is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council and to
direct payment of the City's portion of the cost in the amount of $6,391.96 to the
Developer.
SECTION 2. 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 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/Amy L. Sims
Amy L. Sims
Assistant City Attorney
This is a routine acceptance of paving improvements required at the time of
platting this new subdivision. The paving improvements consist of curb and
gutter and asphalt paving on the following streets and avenues:
106th Street from Detroit Avenue to the alley east of Detroit Avenue.
106th Street from the cul-de-sac west of Dixon Avenue to the point of tangency
of curve at Detroit Avenue.
107th Street from the cul-de-sac west of Dixon Avenue to Dixon Avenue.
107th Street from Detroit Avenue to the alley east of Detroit Avenue.
The north half of 108th Street from Elgin Avenue to the alley east of Detroit
Avenue.
Detroit Avenue from 108th Street to 106th Street.
Dixon Avenue from 108th Street to 106th Street.
FISCAL IMPACT
This subdivision was being platted prior to the revision to the City's paving
policy related to prepaid paving on thoroughfare streets and the City's extra
width cost on collector streets. 108th Street is a collector street, and the City is
responsible for the cost of the extra width paving on this street.
Upon approval of this resolution, the City's portion of the cost for paving,
$6,392 will be due to the developer. Funding is available in the following
projects, CIP project 91051, Paving and Street Assessment and CIP project
91189, Strip Paving Unpaved Streets.
Staff recommended approval of this resolution.
5.12. This item was moved from consent agenda to regular agenda and
considered following Item 5.8.
5.13. Employee Benefit Plan Document Changes Resolution - Health Benefits:
Resolution No. 2006-R0589 authorizing the City Manager to execute
changes to the Employee Benefit Plan with Blue Cross Blue Shield of
Texas.
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RESOLUTION NO.2006-RO589
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 Employee Benefit Plan between
the City of Lubbock and Blue Cross Blue Shield of Texas, for changes to the employee
benefit plan, and related documents. Said plan 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 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Leisa Hutchenson
Leisa Hutchenson, Risk Manager
APPROVED AS TO FORM:
/s/Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
The City became self -insured on January 1, 2004. Federal and state laws allow
self -insured municipalities the flexibility of developing and changing their Plan
Document. For the plan year 2007, staff recommended minimal changes.
1. Currently, a member pays a $25 co -payment for ancillary charges
performed after the day of the physician's office visit. Effective January 1,
2007, these charges will be paid at 100% with no co -payment.
This change is in response to complaints about late afternoon appointments
where labs cannot be done the same day. This is also in the administrator's self -
funded plan standard.
2. Coverage for newborns will change. A member will have 60 days to add a
newborn rather than the current 30 days. Paperwork to add the child must
be completed within 60 days. If for any reason paperwork is not completed
within 60 days, the child will have no health coverage. The child cannot be
added to the member's coverage until the next annual enrollment and may
be subject to any pre-existing condition exclusions.
The City's stop loss carrier and administrator accepted our recommendation to
change the Plan Document and Summary Plan Description to allow adding
newborns from 30 days to 60 days. However, the stop loss carrier and
administrator do require documentation for a newborn to be added to a
member's coverage and would not go beyond 60 days. The administrator's
system cannot support automatically adding a newborn. This change was
negotiated with the stop loss carrier with no increase in premium.
3. Second and/or third opinions for surgery will not be required. However,
should a member decide to get a second and/or third opinion, the plan will
pay benefits according to the Summary Plan Description.
This change was recommended by the City's administrator. Their standard
document does not require second and/or third opinions.
4. The administrator does not have a network provider for ambulance services.
Therefore, any services for ground and air ambulance services will be
covered at 80% after deductible.
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5. Emergency room treatment for non -emergency situations for out -
of -network charges will change. The plan currently pays in network for
facility charges, but will now be paid at 50% after a $75 co -pay and
calendar year deductible. The co -pay and deductible will be waived if the
participant is admitted to the hospital. Previously, physician charges were
paid in network at 80% after calendar year deductible. Physician charges
will now be paid at 50% after calendar year deductible.
6. Serious mental illness will be covered as any other illness. Currently, the
plan pays 80% after deductible for in network charges or 50% after
deductible for out -of -network charges with a 45-day inpatient calendar year
maximum. Outpatient physician charges are paid at 100% after co -
payment for network charges, or 50% after deductible for out -of network
charges; outpatient facility charges are paid at 80% after deductible for
network charges and 50% after deductible for out -of -network
charges. There is currently a maximum of 60 visits per calendar year for all
outpatient services, which include physician and facility charges. Any
services for serious mental illness must be preauthorized.
The revised Employee Benefit Plan will be provided at the City Council
meeting.
FISCAL IMPACT
The financial impact to claims payments will be minimal and are budgeted for
in the Health Benefits Fund.
Staff recommended the above plan changes.
5.14. Contract Resolution - Health Benefits: Resolution No. 2006-RO590
authorizing the Mayor execute a contract with PayFlex Systems USA, Inc.
for Flexible Spending Account administration.
RESOLUTION NO.2006-RO590
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 with PayFlex Systems
USA, Inc. a Nebraska corporation for Flexible Spending Account (FSA) administration,
which Contract is attached hereto and incorporated herein as part of this Resolution.
Passed by the City Council this 19t' day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Leisa Hutcheson
Leisa Hutcheson, Risk Manager
APPROVED AS TO FORM:
/s/D. Mitchell Satterwhite
D. Mitchell Satterwhite, Assistant City Attorney
The City's Flexible Benefit Plan provides employees the opportunity to
withhold pre-tax wages for health care and dependent day care reimbursement.
This contract will provide administrative services for the Plan. Fees for
services are set forth in Exhibit A of the Administrative Services Agreement.
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FISCAL IMPACT
Costs for administration of flexible spending account are budgeted in the Health
Insurance Fund for FY 2006-07.
Staff recommended approval of this resolution.
5.15. This item was moved from consent agenda to regular agenda and
considered following Item 5.12.
5.16. Contract Resolution - Police: Resolution No. 2006-RO591 authorizing the
Mayor to execute a contract with the Governor's Office of Emergency
Management for a $50,000 Homeland Security Grant for the purchase of
Special Weapons and Tactics Team's equipment.
RESOLUTION NO.2006-RO591
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 on
behalf of the City of Lubbock a Sub -Recipient Grant Award Agreement and any associated
documents with Governor's Office of Emergency Management for a Buffer Zone Protection
Program Grant, which Agreement and any associated documents are attached hereto and made a
part hereof for all intents and purposes.
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Dale Holton
Dale Holton, Assistant Police Chief
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
The City has been approved to receive a $50,000 Homeland Security Grant
through the Governor's Office of Emergency Management to reimburse the
City for the purchase of specific equipment authorized in the grant. This
equipment will enhance the Special Weapons and Tactics Team's ability to
respond to Special Threat Situations at the South Plains Mall.
The requirements of City grant policies regarding submittal of grants through
the Finance Office for approval and City Council authorization of funding have
been met. On December 7, 2006, City Council approved the second reading of
a Budget Amendment Ordinance authorizing the acceptance and appropriation
for the Grant. This resolution authorizes the Mayor to execute the Sub -
recipient Award Agreement.
The Grant requires that purchasing, invoicing, and requests for reimbursement
be completed by January 31, 2007. The City has received permission to extend
that deadline to February 28, 2007. Towards that end, the Police Department
began ordering the approved equipment as soon as the Council passed the
Budget Amendment Ordinance authorizing appropriation.
FISCAL IMPACT
The $50,000 grant has previously been appropriated.
Staff recommended approval of this resolution.
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5.17. This item was moved from consent agenda to regular agenda and
considered following Item 5.15.
5.18. Contract Resolution - Parks and Recreation: Resolution No. 2006-RO592
authorizing the Mayor to execute a purchase order contract with T. F.
Harper and Associates, LP for accessible picnic shelters at the Hub City
Playground - Maxey Park.
RESOLUTION NO.2006-RO592
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Purchase Order for Picnic Shelters
and tables for Hub City Playground, by and between the City of Lubbock and T.F. Harper
& Associates of Austin, Texas, and related documents. Said Purchase Order is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Scott Snider
Scott Snider
Assistant City Manager of Community Services
APPROVED AS TO FORM:
/s/Amy L. Sims
Amy L. Sims, Assistant City Attorney
This item involves the purchase and installation of two 12' x 18' picnic shelters,
two Americans with Disability (ADA) accessible picnic tables, and two
concrete slabs for the shelters. The demolition of an existing concrete slab is
also included. The shelters will be adjacent to the Hub City Playground at
Maxey Park. The existing playground has no adjacent covered seating.
The purchase and installation of Child's Play picnic shelters and ADA picnic
tables are available through the Texas Association of School Boards Local
Government Purchasing Cooperative using an electronic purchasing system,
known as BuyBoard. This purchasing cooperative is an administrative agency
created in accordance with Section 791.001 of the Texas Government Code. Its
purpose is to obtain the benefits and efficiencies that can accrue to members of
a cooperative, to comply with state bidding requirements, and to identify
qualified vendors of commodities, goods, and services.
Project completion time is 90 consecutive calendar days and liquidated
damages are $25 per day.
FISCAL IMPACT
$330,000 was appropriated for this project in Capital Improvement Project
90006 - Park Benches / Seating Area. $23,198 is available for this portion of
the project. AMBUCS is providing an additional $15,000. Therefore, total
funding available is $38,198.
Staff recommended contract award to T. F. Harper and Associates of Austin,
Texas for $38,198.
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5.19. Contract Resolution - Parks and Recreation: Resolution No. 2006-RO593
authorizing the Mayor to execute a contract with Musco Sports Lighting
for MLK Little League Complex field lighting.
RESOLUTION NO. 2006-RO593
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 a Purchase Order Contract and any associated
documents with Musco Sports Lighting, LLC, of Muscatine, Iowa, for
Parks and Recreation field lighting, the Purchase Order Contract and any
associated documents are attached hereto as Exhibit A and made a part
hereof for all intents and purposes.
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, 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/Don Vandiver
Don Vandiver, Attorney of Counsel
On October 26, 2006, the City Council approved a contract to construct the
MLK Little League Baseball Complex. In order to evaluate lighting systems
and their associated cost, the sports lighting system was removed from the
original scope of work. Musco Light Structure Green system is available
through Texas Association of School Boards Local Government Purchasing
Cooperative using an electronic purchasing system, known as BuyBoard. This
purchasing cooperative is an administrative agency created in accordance with
Section 791.001 of the Texas Government Code. Its purpose is to obtain the
benefits and efficiencies that can accrue to members of a cooperative, to
comply with state bidding requirements, and to identify qualified vendors of
commodities, goods, and services. This equipment is available on BuyBoard
Contract No. 204-04 from Musco Lighting of Oskaloosa, Iowa.
The Musco Light Structure Green TM System includes the following:
• Pre -cast concrete bases
• Galvanized steel poles
• UL Listed remote electrical component enclosures
• Pole length wire harness
• Factory -aimed and assembled luminaries
• 2P auxiliary mounting brackets
• Energy savings of more than 50% over a standard lighting system
• Less spill and glare light
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• Musco Constant 25TM warranty and maintenance program that eliminates
100% of the maintenance costs for 25 years, including labor and materials
• Guaranteed constant light level of 50 foot-candles on the infield and 30 foot
candles on the outfield for the Little League Fields, for 25 years, +/- 10% per
IESNA RP-06-01
• One group re -lamp at the end of the lamps' rated life, 5000 hours
• Reduced energy consumption with an average of 56.3 kW per hour
• Control Link® Control & Monitoring System for flexible control and solid
management of the lighting system
• Lighting Contactors sized for 480 Volt 3 phase
• Installation of equipment -including unloading, drilling and installation of
concrete bases, pole assembling/standing, and electrical to poles.
Musco Lighting solicited the following local electrical contractors to install the
conduit wire and lighting system; Al Service Electric, Row Wall Electric,
Larcon Electric, Greer Electric, Temple Electric, Caprock Electric and Traver
Electric. Larry Anderson of Larcon Electric will be the sub -electrical contractor
responsible for the installation, upon approval of the Musco Lighting's contract.
Project completion time is 90 consecutive calendar days and liquidated
damages are $500 per day.
FISCAL IMPACT
$1,939,237 was appropriated for the construction of the Little League Baseball
Complex - MLK Little League. $157,281 is available in Project Number 90374
(MLK Little League Fields) for this purpose.
Staff recommended contract award to Musco Lighting of Oskaloosa, Iowa for
$157,281.
5.20. Contract Resolution - Legislation: Resolution No. 2006-RO594 authorizing
the Mayor to execute a contract with Meyers and Associates for federal
legislative consulting services.
RESOLUTION NO.2006-RO594
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement for federal legislative
counseling services and any related documents with Meyers & Associates, a copy of which
Agreement is attached hereto and which shall be spread upon the minutes of this Council
and as spread upon the minutes of this Council shall constitute and be a part hereof as if
fully copied herein in detail.
Passed by the City Council this 19th day of December, 2006
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Dixon Platt
Dixon Platt, City Council Chief of Staff
APPROVED AS TO FORM:
/s/Donald G. Vandiver
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Donald G. Vandiver, Attorney of Counsel
Meyers and Associates specialize in providing governmental relations services
in federal legislative and administrative matters. The City currently has a
contract with the firm that expires December 31, 2006.
FISCAL IMPACT
$108,000 was appropriated for this purpose in the Adopted FY 2006-07 City
Council Operating Budget. This contract is anticipated not to exceed $108,000
for the year.
Staff recommended approval of this resolution.
5.21. This item was moved from consent agenda to regular agenda and
considered following Item 5.17.
5.22. This item was moved from consent agenda to regular agenda and
considered following Item 5.21.
5.23. Contract Resolution - Water Utilities: Resolution No. 2006-RO595
authorizing the Mayor to execute a purchase order contract with J & L
Equipment for submersible pumps and accessories for the Southwest
Water Reclamation Plant.
RESOLUTION NO.2006-RO595
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 a Purchase Order Contract and any associated documents with J&L Equipment of
Canyon, Texas, for submersible pumps and accessories for the Southwest Water
Reclamation Plant, which Purchase Order Contract and any associated documents are
attached hereto as Exhibit A and made a part hereof for all intents and purposes.
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Wood Franklin
Wood Franklin, Water Engineering
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
The headworks located at the Southeast Water Reclamation Plant consist of a
lift station, screens, and grit removal system. The lift station associated with the
headworks consists of four screw type pumps that have the capacity to pump 68
million gallons of sewage. Over the past two years, two of these pumps have
experienced catastrophic failure. Currently Black and Veatch Engineering is
designing plant modifications that include replacement of these screw pumps
with submersible pumps. Submersible pumps will be more efficient,
economical, and easier to maintain. Black and Veatch has been working with
the City of Lubbock Engineering staff and has specified Flygt submersible
pumps for this application. Due to the recent failure of a second screw pump
and an extended manufacture time, staff is recommending pre -purchase through
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the sole source procurement process. Two of these pumps will be installed on a
temporary basis to replace the failed screw pump until summer of 2007 when
all the screw pumps will be replaced on a permanent basis with the remaining
submersible pumps.
Staff and Black and Veatch have worked diligently over the past months to
evaluate and redesign the headworks lift station to save capital costs and
provide a more efficient and effective lift station. The decision to replace screw
pumps with submersible pumps not only results in a substantial cost savings,
but also provides a more manageable and safe working condition for the
operation and maintenance staff at the Southeast Water Reclamation Plant.
This purchase is for eight Flygt NP3301 submersible pumps and appurtenances
for the Southeast Water Reclamation Plant lift station. Currently, the City
operates 22 flygt pumps located in lift stations within the wastewater collection
system. Flygt pumps give the City a great advantage because they have proven
to be more reliable and easier to maintain within the City's wastewater
collection system.
FISCAL IMPACT
A total of $2,200,000 was appropriated in Capital Improvement Project #90359
(SEWRP Headworks Pump Rehabilitation) with $1,710,057 available for this
purpose. The purchase of the pumps totals $317,472.
Staff recommended purchase from J&L Equipment for $317,472
5.24. Contract Resolution - Water Utilities: Resolution No. 2006-R0596;
Resolution No. 2006-R0597; Resolution No. 2006-RO598 authorizing the
Mayor to execute purchase order contracts with K.W. Sharp, Master
Meter, and Morrison Supply for the purchase of multi -jet and compound
water meters, BID 06-074-RW.
RESOLUTION NO.2006-RO596
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 a Letter Agreement and any associated documents with K.W. Sharp, Inc., of
Lubbock, Texas, for water meter replacement —annual pricing (ITB 06-074-RW), which
Letter Agreement and any associated documents are attached hereto as Exhibit A and made
a part hereof for all intents and purposes.
Passed by the City Council this 19`h day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, 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/Don Vandiver
Don Vandiver, Attorney of Counsel
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Regular City Council Meeting
December 19, 2006
RESOLUTION NO.2006-RO597
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 a Letter Agreement and any associated documents with Master Meter of
Mansfield, Texas, for water meter replacement —annual pricing (ITB 06-074-RW), which
Letter Agreement and any associated documents are attached hereto as Exhibit A and made
a part hereof for all intents and purposes.
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, 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/Don Vandiver
Don Vandiver, Attorney of Counsel
RESOLUTION NO.2006-RO598
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 a Letter Agreement and any associated documents with Morrison Supply of
Lubbock, Texas, for water meter replacement —annual pricing (ITB 06-074-RW), which
Letter Agreement and any associated documents are attached hereto as Exhibit A and made
a part hereof for all intents and purposes.
Passed by the City Council this 191h day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, 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/Don Vandiver
Don Vandiver, Attorney of Counsel
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This bid is for the purchase of multi jet and compound meters ranging in size
from .75 inches to 6 inches. These meters are used to measure water and sewer
consumption for residential and commercial customers. These meters will be
used in new development and to replace meters that have been in service for 10
years or longer and that no longer accurately accounting for water and sewer
consumption.
FISCAL IMPACT
$1,605,000 has been appropriated in capital project 91049, Water Meter
Replacement, with $957,000 available for the purchase of these meters.
Staff recommended approval of this resolution.
5.25. This item was moved from consent agenda to regular agenda and
considered following Item 5.22.
5.26. Contract Amendment Resolution - Water Utilities: Consider a resolution
authorizing the Mayor to execute a contract amendment with
Southwestern Public Service for the sale and purchase of treated sewage
effluent for power generation purposes.
This item was deleted.
5.27. This item was moved from consent agenda to regular agenda and
considered following Item 5.25.
5.28. This item was moved from consent agenda to regular agenda and
considered following Item 5.27.
5.29. Vintage Township PID Dissolution Public Hearing Resolution - Business
Development: Resolution No. 2006-R0599 calling for a Public Hearing to
be held at 10:00 a.m. on January 12, 2007 to consider the dissolution of the
Public Improvement District (PID) for Vintage Township which covers the
north one-half of Section 23, Block E-2, City of Lubbock, Lubbock County,
Texas, generally bounded by 114th Street on the North, Quaker Avenue on
the East, 122nd Street on the South, and Slide Road on the West.
RESOLUTION NO.2006-R0599
WHEREAS, a petition for dissolution of the Vintage Township Public Improvement
District, created under Chapter 372 of the Texas Local Government Code (the Act)
pursuant to Resolution No. 2005-R0590 adopted by the City Council on December 15,
2005, as amended by Resolution No. 2006-R0100 adopted by the City Council on
February 24, 2006, was received from the record owners of taxable real property
representing more than fifty percent (50%) of the appraised value of the real property liable
for assessment (as determined by the most recent certified appraisal roll for Lubbock
County) in the existing Vintage Township Public Improvement District (PID) which
covers a portion of an area in the north one-half of Section 23, Block E-2 in the City of
Lubbock, Lubbock County, Texas, generally bounded by 114th Street on the North,
Quaker Avenue on the East, 122 Street on the South, and Slide Road on the West, AND
the record owners of taxable real property that constitute more than 50% of all of the area
of all taxable real property that is liable for assessment; and
WHEREAS, the petition, a copy of which is attached hereto as Exhibit "A," has been
examined, verified, and found to meet the requirements of Sections 372.005(b) and
3 72. 011 of the Act and to be sufficient for consideration by the City of Lubbock; and
WHEREAS, the boundaries of the existing Vintage Township PID are described in the
attachment to the petition and shown on the map attached hereto as Exhibit "B," said area
for the Vintage Township PID being within the city limits of the City of Lubbock; and
WHEREAS, the Petitioners desire dissolution of the existing Vintage Township PID so
that they may separately request that the City create a new public improvement district
with the same boundaries as the Vintage Township PID to provide for public improvement
projects and costs not included in the petition requesting or the resolution creating the
existing Vintage Township PID; and
WHEREAS, the City of Lubbock accepts the petition and desires to schedule a
public hearing to consider the dissolution of the existing Vintage Township PID;
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Regular City Council Meeting
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1: THAT a public hearing is hereby scheduled at 10:00 am, Friday,
January 12, 2007, in the City Council Chambers, 1625 13th Street, Lubbock, Texas, to
receive public comment on the dissolution of the existing Vintage Township Public
Improvement District having the boundaries described in the petition attached as Exhibit A
and as shown on the map in Exhibit B, pursuant to Chapter 372 of the Texas Local
Government Code; and
SECTION 2: THAT notice of said hearing shall be published in a newspaper of general
circulation in the city before the 15th day prior to the hearing as required by state law; and
SECTION 3: THAT written notice shall be mailed to each property owner, as reflected
on the tax rolls, of property liable for assessment, before the 15th day prior to the date set
for the hearing.
Passed by the City Council this 19th day of December, 2006.
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Rob Allison
Rob Allison
Assistant City Manager
Development Services
/s/David A. Miller
DAVID A. MILLER, MAYOR
APPROVED AS TO FORM:
/s/Linda Chamales
Linda Chamales, Senior Attorney
Office Practice Section
The City of Lubbock created the Vintage Township Public Improvement
District at their Council meeting on December 15, 2005 and amended the
creation resolution on February 24, 2006. The area covers approximately 275.5
acres. PID establishment can only be initiated by a petition of property owners
meeting two tests outlined in the statute, petition signed by the owners of. (1)
more than 50% of the appraised value of the taxable real property liable for
assessment; and (2) the record owners of property that constitute more than
50% of the number of record owners or of more than 50% of the area within the
PID. The developer has expanded the scope of his proposed Service Plan for
the Vintage Township PID and Vinson and Elkins, bond counsel, are
recommending that he dissolve the current PID and establish a new PID
encompassing the new scope and Service Plan. This process will include a new
Master Development Agreement with Paul Stell as the developer. In order to
dissolve a PID, the same process is required. The petition received by the City
of Lubbock was signed by Paul Stell representing two companies requesting the
dissolution of the Vintage Township Public Improvement District, owners of
75.4 of the total appraised value (56,558,954) for the area and 97.68% of the
total land areas contained by the proposed PID. The petition has been
examined, verified, and found to meet the requirements of Section 372.005(b)
of the Texas Local Government Code and to be sufficient for consideration by
the City of Lubbock.
The Public Hearing is to consider the dissolution of the Vintage Township
Public Improvement District pursuant to the Public Improvement District
Assessment Act.
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If this resolution calling for the public hearing is approved, the next step in the
process is to hold the public hearing on January 12, 2007 and consider a
resolution dissolving the Vintage Township Public Improvement District. A
resolution calling for a public hearing to discuss the creation of Vintage
Township PID, with the additional scope, is also on this agenda.
FISCAL IMPACT
As per the Master Development Agreement approved by the Council on
November 7, 2005 and amended on February 24, 2006, the developer has
agreed to pay all the City's cost and expenses relating to the dissolution of this
PID.
Staff recommended the public hearing be held at 10:00 a.m. on January 12,
2007.
5.30. Vintage Township PID Creation Public Hearing Resolution - Business
Development: Resolution No. 2006-R0600 calling for a Public Hearing.to
be held at 10:15 a.m. on January 12, 2007 to consider the creation of a
Public Improvement District (PID) for Vintage Township which covers the
north one-half of Section 23, Block E-2, City of Lubbock, Lubbock County,
Texas, generally bounded by 114th Street on the North, Quaker Avenue on
the East, 122nd Street on the South, and Slide Road on the West.
RESOLUTION NO.2006-R0600
WHEREAS, a petition for dissolution of the Vintage Township Public Improvement
District, created under Chapter 372 of the Texas Local Government Code (the Act)
pursuant to Resolution No. 2005-R0590 adopted by the City Council on December 15,
2005, as amended by Resolution No. 2006-RO100 adopted by the City Council on
February 24, 2006, was received from the record owners of taxable real property
representing more than fifty percent (50%) of the appraised value of the real property liable
for assessment (as determined by the most recent certified appraisal roll for Lubbock
County) in the existing Vintage Township Public Improvement District (PID) which
covers a portion of an area in the north one-half of Section 23, Block E-2 in the City of
Lubbock, Lubbock County, Texas, generally bounded by 114th Street on the North,
Quaker Avenue on the East, 122 Street on the South, and Slide Road on the West, AND
the record owners of taxable real property that constitute more than 50% of all of the area
of all taxable real property that is liable for assessment; and
WHEREAS, the petition, a copy of which is attached hereto as Exhibit "A," has been
examined, verified, and found to meet the requirements of Sections 372.005(b) and
372.011 of the Act and to be sufficient for consideration by the City of Lubbock; and
WHEREAS, the boundaries of the existing Vintage Township PID are described in the
attachment to the petition and shown on the map attached hereto as Exhibit `B," said area
for the Vintage Township PID being within the city limits of the City of Lubbock; and
WHEREAS, the Petitioners desire dissolution of the existing Vintage Township PID so
that they may separately request that the City create a new public improvement district
with the same boundaries as the Vintage Township PID to provide for public improvement
projects and costs not included in the petition requesting or the resolution creating the
existing Vintage Township PID; and
WHEREAS, the City of Lubbock accepts the petition and desires to schedule a
public hearing to consider the dissolution of the existing Vintage Township PID;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT a public hearing is hereby scheduled at 10:00 am, Friday,
January 12, 2007, in the City Council Chambers, 1625 13th Street, Lubbock, Texas, to
receive public comment on the dissolution of the existing Vintage Township Public
Improvement District having the boundaries described in the petition attached as Exhibit A
and as shown on the map in Exhibit B, pursuant to Chapter 372 of the Texas Local
Government Code; and
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SECTION 2: THAT notice of said hearing shall be published in a newspaper of
general circulation in the city before the 15th day prior to the hearing as required by state
law; and
SECTION 3: THAT written notice shall be mailed to each property owner, as
reflected on the tax rolls, of property liable for assessment, before the 15th day prior to the
date set for the hearing.
Passed by the City Council this 19th day of December, 2006.
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Rob Allison
Rob Allison
Assistant City Manager
Development Services
/s/David A. Miller
DAVID A. MILLER, MAYOR
APPROVED AS TO FORM:
/s/Linda Chamales
Linda Chamales, Senior Attorney
Office Practice Section
The City of Lubbock has received a petition from Stellar Land Company, Ltd.
and Vintage Land Company, Ltd. requesting that the City of Lubbock establish
a Public Improvement District (PID) for the proposed Vintage Township
development area. The developer has expanded the scope of his proposed
Service Plan for the Vintage Township PID and Vinson and Elkins, bond
counsel, has recommended that the new PID be created after the developer
dissolves the current PID. The area covers approximately 275.5 acres. PID
establishment can only be initiated by a petition of property owners meeting
two tests outlined in the statute, petition signed by the owners of. (1) more than
50% of the appraised value of the taxable real property liable for assessment;
and (2) the record owners of property that constitute more than 50% of the
number of record owners or of more than 50% of the area within the PID. The
petition received by the City of Lubbock was signed by Paul Stell representing
two companies requesting the establishment of the Vintage Township Public
Improvement District, owners of 75.4% of the total appraised value
($6,558,954) for the area and 97.68% of the total land areas contained by the
proposed PID. The petition has been examined, verified, and found to meet the
requirements of Section 372.005(b) of the Texas Local Government Code and
to be sufficient for consideration by the City of Lubbock.
The Public Hearing is to consider the formation of a Public Improvement
District in this area pursuant to the Public Improvement District Assessment
Act for the purpose of constructing and maintaining specific amenities defined
in the Master Development Agreement.
If this resolution is approved, the public hearing to discuss the creation of the
Vintage Township PID will be held following the dissolution public hearing on
January 12, 2007. After the public hearing, a resolution to create the Vintage
Township PID, with the additional scope of services, will be considered.
FISCAL IMPACT
As per the Master Development Agreement approved by the Council on
November 7, 2005, and amended on February 24, 2006, 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
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an assessment to the property owners; therefore, will not impact the City's
budget.
Staff recommended the public hearing be held at 10:15 a.m. on January 12,
2007.
5.31. Appointment Confirmation Resolution - City Manager: Resolution No.
2006-RO601 confirming the appointment of Rhea Cooper as Interim Fire
Chief of the City of Lubbock.
RESOLUTION NO.2006-RO601
WHEREAS, Section 143.013 of the Texas Local Government Code requires
- appointment of the head of a civil service department of a municipality to be made by the
municipality's chief executive and confirmed by the municipality's governing body; and
WHEREAS, Steve Hailey, Fire Chief of the City of Lubbock Fire Department is
retiring from the City of Lubbock Fire Department effective January 5, 2007; and
WHEREAS, the City Manager of the City of Lubbock has appointed on an interim
basis as fire chief for the City of Lubbock Deputy Chief Rhea Cooper to fill the vacancy
created by the retirement of Chief Steve Hailey at an annual salary of $104,450.00; and
WHEREAS, the interim appointment of Deputy Chief Rhea Cooper as fire chief
will become effective immediately following the effective date of Chief Steve Hailey's
retirement; and
WHEREAS, Deputy Chief Rhea Cooper meets all of the qualifications to hold the
position of fire chief as outlined in Section 143.013 of the Texas Local Government Code;
and NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby confirms the interim
appointment of Rhea Cooper as fire chief of the City of Lubbock.
Passed by the City Council this 19th day of December, 2006
/s/David A. Miller
DAVID A. MILLER, 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/Matthew L. Wade
Matthew L. Wade, Natural Resources Attorney
Section 143.013 of the Local Government Code requires appointment of the
head of a civil service department of a municipality to be made by the
municipality's chief executive and confirmed by the municipality's governing
body.
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The City Manager of the City of Lubbock has appointed an Interim Fire Chief
for the City of Lubbock to fill the vacancy created by the retirement of Chief
Steve Hailey.
FISCAL IMPACT
His annual salary will be $104,450.
5.32. This item was moved from consent agenda to regular agenda and
considered following Item 5.28.
6. REGULAR AGENDA
Note: Regular Agenda items, and Consent Agenda items moved to Regular
Agenda, are listed in the order they were addressed (Items 5.7-5.8, 5.12, 5.15, 5.17,
5.21-5.22, 5.25, 5.27-5.28, 5.32, 6.10-6.11, 6.2, 6.4, 6.3, 6.5, 6.1, 6.6-6.9)
5.7. Refunding Bonds Issuance Ordinance 1st and Only Reading - Finance:
Ordinance No. 2006-00134 providing for the issuance of City of Lubbock,
Texas, General Obligation Refunding Bonds, Series 2007 in an amount not
to exceed $75,000,000; levying a tax in payment thereof; approving
execution and delivery of an escrow agreement and a bond purchase
contract; approving the official statement; and enacting other provisions
relating thereto.
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF
LUBBOCK, TEXAS, GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2007 IN AN AMOUNT NOT TO EXCEED
$75,000,000; LEVYING A TAX IN PAYMENT THEREOF;
APPROVING EXECUTION AND DELIVERY OF AN ESCROW
AGREEMENT AND A BOND PURCHASE CONTRACT;
APPROVING THE OFFICIAL STATEMENT; AND ENACTING
OTHER PROVISIONS RELATING THERETO
Presently, there are outstanding bonds issued by the City that carry an interest
rate that is higher than current interest rates. The City desires to refund all or a
portion of those outstanding bonds in order to achieve interest rate savings. The
bonds that could potentially be refunded in this financing include:
General Obligation Refunding Bonds, Series 1997
General Obligations Bonds, Series 2002 and 2003
Tax and Sewer System Surplus Revenue Certificates of Obligation, Series 2002
and 2003
Tax and Municipal Drainage Utility System Surplus Revenue Certificates of
Obligation, Series 2003
Tax and Electric Light & Power System Surplus Revenue Certificates of
Obligation, Series 2003
Tax and Solid Waste System Surplus Revenue Certificates of Obligation, Series
2003
Tax and Tax Increment Revenue Certificates of Obligation, Series 2003
Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series
2003
Combination Tax and Electric Light & Power System Surplus Revenue
Certificates of Obligation, Series 2005
The ordinance states that the refunding bonds will not exceed $75 million. It is
more likely that the amount of the refunding issuance will be less than this
amount. The interest rates at the time of the refunding transaction will
determine which bonds are refunded and, consequently the amount of new
bonds that are issued. If interest rates fall, a higher level of bonds could be
refunded at an attractive savings. Conversely, if interest rates rise, refunding the
outstanding bonds may not provide a savings level that warrants the refunding
of all of the bonds. Therefore, a maximum amount of issuance has been
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provided that gives the City adequate flexibility in obtaining the greatest
amount of savings possible on the date of sale.
The bond ordinance is a "parameters ordinance", which delegates authority to
the City's Chief Financial Officer (CFO) to authorize the timing, terms, and
interest rates of the bond issuance. The City Manager and the Director of Fiscal
Policy & Strategic Planning have also been named as backup signatories in the
event that the CFO is unable to authorize the timing, terms and interest rates of
the bond issuance. The ordinance designates certain parameters to which the
CFO must conform while executing the bond sale, and expires after a 60 day
period. This arrangement will allow the City to attain the most attractive rates
or terms by timing the issuance under the best market conditions. In accordance
with Section 7.1(a) of the Ordinance, the following conditions with respect to
the Bonds must be satisfied in order for the Chief Financial Officer to act on
behalf of the City in selling and delivering the Bonds to the Underwriter:
(a) the price to be paid for the Bonds shall be not less than 97.5% of the
aggregate principal amount of the Bonds;
(b) the Bonds shall not bear interest at a rate greater than the maximum rate
allowed by Chapter 1204, Texas Government Code, as amended;
(c) the aggregate principal amount of the Bonds authorized to be issued for the
purposes described in Section 3.1 of the ordinance shall not exceed the
maximum amount authorized in Section 3.1 of the ordinance and shall equal
an amount sufficient to (i) provide for the refunding of the Refunded
Obligations and (ii) pay the costs of issuing the Bonds;
(d) the maximum maturity for the Bonds shall not exceed 28 years;
(e) the refunding of the Refunded Obligations shall result in a net present value
savings of at least 2.35%; and
(f) the Bonds to be issued, prior to delivery, must have been rated by a
nationally recognized rating agency for municipal securities in one of the
four highest rating categories for long term obligations.
On the date of execution, the City and RBC Capital Markets, the City's
Financial Advisor, will negotiate a purchase price for the bonds with the City's
chosen underwriters.
Senate Bill 1759 of the 77th Legislative Session amends Subchapter B, Chapter
1201, of the Texas Government Code under Section 1201.028(3) allowing the
authorization of a public security with only one reading of the ordinance.
Therefore, this will be the only reading of this ordinance that authorizes the
issuance of these bonds.
FISCAL IMPACT
Included in Item Summary.
Staff recommended passage of the first reading of this ordinance.
Jeff Yates, Chief Financial Officer, gave comments and answered questions
from Council.
Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member
Jones to pass on first reading Ordinance No. 2006-00134 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
5.8. Fee Increase Resolution - Finance: Resolution No. 2006-RO602 approving
fee increases associated with FY 2006-07 General Fund Operating Budget.
RESOLUTION NO.2006-RO602
WHEREAS, the City of Lubbock has adopted fees for various activities and rentals
regarding certain activities, including activities related the Parks and Recreation
Department, the Cemetery Department, the Health Department, and the Library
Department, of the City of Lubbock, Texas;
WHEREAS, some of such fees are obsolete, and are in need of increase;
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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 increase said fees, as attached on Exhibit
"A", attached hereto.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock, Texas hereby adopts, confirms and sets the fees for
certain activities and rentals in the Parks and Recreation Department, Cemetery
Department, Health Department, and Library Department of the City of Lubbock, said
activities and rentals being set forth in Exhibit "A", attached hereto.
Passed by the City Council this 19th day of December 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Jeffrey A Yates
Jeffrey A Yates, Chief Financial Officer
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
On September 13, 2006, the City Council approved the FY 2006-07 Operating
Budget with amendments. In those amendments, City Council directed staff to
review the existing fees for service and to return with a recommendation for fee
increases. The City Council appropriated an additional $100,000 of anticipated
revenue based on those fee increases.
Exhibit A illustrates the fees proposed for increase. The recommended fee
increases are for services provided by Parks and Recreation, Cemetery, Health
Department, and Libraries.
FISCAL IMPACT
The anticipated revenue generated from these increases is $101,900. The
effective date for these increases will be January 1, 2007, and the anticipated
revenue has been pro -rated accordingly.
Staff recommended approval of this resolution.
Jeff Yates, Chief Financial Officer; Nancy Haney, Executive Director of
Community Development; Randy Truesdell, Parks and Recreation Manager;
and Jane Clausen, Director of Library Services, gave comments and answered
questions from Council.
Motion was made by Council Member Price, seconded by Council Member
Leonard to pass Resolution No. 2006-R0602 as recommended by staff. Motion
carried: 6 Ayes, 1 Nay. Council Member DeLeon voted Nay.
5.12. Transfer of Surplus Property Resolution - Purchasing: Resolution No.
2006-R0603 authorizing the transfer of surplus bicycles to the Lubbock
Independent School District.
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RESOLUTION NO.2006-RO603
WHEREAS, the City Council of the City of Lubbock, upon finding a public
purpose and benefit to the citizens of Lubbock, may authorize the transfer of certain City
owned surplus property at no cost; and
WHEREAS, the City of Lubbock owns certain surplus property it wishes to
transfer at no cost; and
WHEREAS, the City Council finds that the services provided by Lubbock
Independent School District (herein called "Transferee"), a unit of local government of the
State of Texas, are a significant benefit to the citizens of the City of Lubbock; and
WHEREAS, the City Council of the City of Lubbock finds that the transfer of the
surplus property indicated and listed in Exhibit A hereto to Transferee at no cost serves a
public purpose and provides a benefit to the health, safety and welfare of the citizens of the
City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby transfer
the surplus property indicated and listed on Exhibit A hereto to the
Transferee at not cost to the Transferee. Said Exhibit A is 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 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Marta Alvarez
Marta Alvarez, Purchasing Manager
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
The Purchasing and Contract Management Department is responsible for the
disposition of all City -owned surplus and salvage property. City Council may
authorize the transfer of such property to other governmental agencies and to
charitable and civic organizations located in the City, provided that the property
is used to perform a function for the benefit of Lubbock residents.
This item involves the transfer of surplus bicycles obtained from the Police
Property Room to Lubbock Independent School District (LISD). LISD will
provide the surplus bicycles as rewards to students with good citizenship, good
grades and perfect attendance. Elementary students who qualify will have their
name placed in a drawing every six weeks. Schools that have provided bikes as
incentive awards have experienced a dramatic increase in student attendance,
citizenship, and grades.
FISCAL IMPACT
No fiscal impact is anticipated.
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Staff recommended approval of this resolution.
Brooke Witcher, Special Events Coordinator, gave comments and answered
questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Leonard to pass Resolution No. 2006-RO603 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.15. Contract Resolution - Health Benefits: Resolution No. 2006-RO604
authorizing the Mayor to execute an agreement with Concentra Network
Services, Inc. and Blue Cross and Blue Shield of Texas for auditing
services.
RESOLUTION NO.2006-RO604
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 with Concentra Network
Services, Inc. and Blue Cross and Blue Shield of Texas, a division of Health Care Services
Corporation, a Mutual Legal Reserve Company for auditing services, which Contract is
attached hereto and incorporated herein as part of this Resolution.
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Leisa Hutcheson
Leisa Hutcheson, Risk Manager
APPROVED AS TO FORM:
/s/D. Mitchell Satterwhite
D. Mitchell Satterwhite, Assistant City Attorney
Because claims processing necessitates timely payments, hospital claims are
adjudicated, and post -payment hospital bill audits are conducted to recover any
overpayments. Blue Cross and Blue Shield of Texas (BCBSTX) partners with
Concentra Network Services (CNS) for BCBSTX's insured business to help
reduce claims costs through a Diagnostic Related Group (DRG) validation
hospital bill audit.
For self -funded groups, the service is available through a tri-party agreement,
and recovered dollars are applied to the employer group. To defray
administrative costs associated with auditing and recouping claims dollars,
BCBSTX and CNS retain a percentage of recovered dollars and reimburse the
employer group with the remainder.
CNS will provide the City with weekly refunds, if applicable, and a quarterly
savings report. CNS includes documentation with each payment, including the
original billed amount, the revised billed amount, savings, the administrative
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Regular City Council Meeting
December 19, 2006
fee, and a copy of the reimbursement check from the provider. Refunds
typically take 30 to 90 days.
BCBSTX will provide CNS with claims extract data, provider reimbursement
information, and access to BCBSTX's automated claim system and other
records as necessary for CNS to perform healthcare bill management system
(HBMS) services; respond to City and member inquiries; coordinate with local
BCBSTX plans on re -pricing of claims paid as the result of the HBMS services;
and provide detailed supporting documentation for the benefit of the City to
support the recovery payment.
For services in which CNS performs the collection of provider reimbursement
pursuant to the agreement, the City will pay CNS 28%, and BCBSTX 5%, of
the difference between the total amounts paid by the City on the original claim
and the repriced claim amount of the same claim after CNS provides services,
but only to the extent that said difference is actually collected from the provider
by or on behalf of the City.
FISCAL IMPACT
Recovery of overpayments will generate estimated savings to the Health
Insurance Fund. Based on historical data, expected savings from post -
payment audit services is 1.5% of total annual medical claim payments. $18
million in health claims is budgeted in FY 2006-07.
Staff recommended approval of this resolution.
Jeff Yates, Chief Financial Officer, and Leisa Hutcheson, Risk Management
Coordinator, gave comments and answered questions from Council.
Motion was made by Council Member Jones, seconded by Council Member
Price to pass Resolution No. 2006-RO604 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.17. Contract Resolution - Community Development: Resolution No. 2006-
R0605 authorizing the Mayor to execute a contract with the Community
Housing Resource Board (CHRB) from the HOME Investment
Partnership (HOME) grant program to fund the Lease/Purchase X
Program.
RESOLUTION NO. 2006-R.0605
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 Community
Development Funding Contract, by and between the City of Lubbock and the
Community Housing Resource Board to fund the Lease/Purchase X Program from
the HOME Investment Partnership Grant Program and all 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 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/sBill Howerton
Bill Howerton, Jr.
Community Development Director
APPROVED AS TO FORM:
/s/Amy Sims
Amy Sims, Assistant City Attorney
This program is funded from FY 2004-05 HOME allocation funds from the
United States Department of Housing and Urban Development (HUD). Under
the regulations for the HOME program, the City is required to spend 15% of the
annual allocation for an eligible Community Housing Development
Organization (CHDO) project. The Community Housing Resource Board meets
all the requirements to be designated a CHDO. The Lease/Purchase X Program
meets all the requirements to be designated an eligible CHDO project.
On June 29, 2004, City Council voted to approve the Lease/Purchase X
Program in the amount of $196,295. Council then approved a contract for this
project on October 11, 2004. A total of $143,162 was expended by September
30, 2006, the end date of the contract, leaving $53,133 in unspent funds. These
funds are part of the required 15% set aside.
To comply with HUD regulations, the remaining dollars must be used by
CHRB for the Lease/Purchase Program. These funds are not eligible for
reallocation to another project. The Lease/Purchase Program is meant to
promote homeownership opportunities for low -to -moderate income households.
Under the program, CHRB purchases and renovates existing single-family
houses. Successful applicants then enter into a lease agreement with CHRB.
The family or individual will continue to rent for a period of time until they are
ready to take on the responsibilities of homeownership.
There is a 25% match requirement for these funds. With regards to the Return
of Investment Policy, CHRB has the option of reinvesting program funds back
into the Lease/Purchase Program or the organization can repay 25% of the grant
amount used.
FISCAL IMPACT
Federal funds will be used from the HOME Investment Partnership program.
The maximum to be allocated to this project is $53,133.
Staff recommended approval of this resolution.
Motion was made by Council Member Leonard, seconded by Council Member
Jones to pass Resolution No. 2006-RO605 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
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5.21. Contract Resolution - Telephone Services: Resolution No. 2006-RO606
authorizing the Mayor to execute a purchase agreement with AT&T
DataComm for a processor upgrade to the City's telephone switch.
RESOLUTION NG. 2006-R0606
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Purchase Agreement for a processor
upgrade to the City's telephone switch, by and between the City of Lubbock and AT&T
DataComm, and related documents. Said Purchase 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 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Mark Yearwood
Mark Yearwood
Assistant City Manager/Chief Information Officer
APPROVED AS TO FORM:
/s/D. Mitchell Satterwhite
D. Mitchell Satterwhite, Assistant City Attorney
The City originally purchased the Nortel 81 C Phone Switch in 1997. Over the
years, there have been three software upgrades to the 81 C switch. The 81 C
switch supports 21 Option 11 s and Norstar telephone systems that derive off
this switch to operate in City facilities.
The call processor of the 81 C switch will soon be technologically obsolete and
will not be supported by the Manufacturer or Maintenance Vendor. A Nortel
Networks promotional campaign allows the City of Lubbock to purchase this
system through the State of Texas Department of Information Resources
Contract at a lower price than is typically available through the DIR contract.
The State of Texas Department of Information Resources (DIR) Information
Technology Commodity Purchasing Program is one of several special
purchasing programs authorized by Texas statute. Texas Local Government
Code Chapter 271.083 authorizes local governments to acquire hardware,
software, and other Information Technology products through the DIR
program. Pursuant to Texas Government Code Chapter 791.025, DIR has met
the competitive bid requirements.
This equipment will be purchased from AT&T DataComm through the State of
Texas Department of Information Resources DIR-SDD-232 Contract.
The upgrade will not only provide City telephone system support in case of
minor or major issues, it will also extend the life of the already nine year -old
system by approximately ten years. Although the City is not currently prepared
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Regular City Council Meeting
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to implement Voice over Internet Protocol (VoIP), this upgrade allows the
capability to utilize this technology when the decision is made to do so.
A one-year warranty is included in the price of the hardware and software.
Following the warranty, the maintenance of the system will be included in the
annual maintenance contract for the Telephone System.
FISCAL IMPACT
The cost of the system is $123,233. The purchase of the Phone Switch Upgrade
is part of the FY 2006-07 Master Lease program.
Staff recommended approval of this resolution.
Mark Yearwood, Assistant City Manager, gave comments and answered
questions from Council.
Motion was made by Council Member Leonard, seconded by Council Member
Jones to pass Resolution No. 2006-RO606 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Council Member DeLeon recused herself.
5.22. Contract Resolution - Information Technology: Resolution No. 2006-
R0607 authorizing the Mayor to execute a purchase agreement with
Hewlett-Packard Computer Corporation for the purchase of a high-speed
core switch.
RESOLUTION NO. 2006-RO607
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 a Purchase Order Contract and any associated documents with Hewlett-Packard
Computer Corporation of Houston, Texas, for the purchase of a high speed core switch and
associated items, which Purchase Order Contract and any associated documents are
attached hereto as Exhibit A and made a part hereof for all intents and purposes.
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Mark Yearwood
Mark Yearwood
Assistant City Manager/Chief Information Officer
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
The Core switch is the heart of the City's computer network, providing high-
speed data connectivity from the City's central server environment to local area
networks spread across several buildings.
The current switch was purchased in 1997, and has become technologically
obsolete. The manufacturer no longer supports this equipment, leaving
Information Technology unable to repair the switch in case of hardware failure.
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The Hewlett-Packard Procurve Routing Switch will allow IT to connect 70
servers and 14 networks to the switch's high -capacity backplane.
The State of Texas Department of Information Resources (DIR) Information
Technology Commodity Purchasing Program is one of several special
purchasing programs authorized by Texas statute. Texas Local Government
Code Chapter 271.083 authorizes local governments to acquire hardware,
software, and other Information Technology products through the DIR
program. Pursuant to Texas Government Code Chapter 791.025, DIR has met
the competitive bid requirements.
This equipment will be purchased from Hewlett-Packard Computer Corporation
through the State of Texas Department of Information Resources DIR-SDD-
223 Contract.
FISCAL IMPACT
The cost of the switch is $108,393. Included in the purchase price is a three-
year warranty. The purchase of the routing switch is part of the FY 2006-07
Master Lease Program.
Staff recommended approval of this resolution.
Motion was made by Council Member Leonard, seconded by Council Member
Price to pass Resolution No. 2006-RO607 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.25. Contract Amendment Resolution - Water Utilities: Resolution No. 2006-
R0608 authorizing the Mayor to execute Change Order No. 1 to the
contract with Craig Wallace Construction 1, Ltd. for Parks Irrigation
System Groundwater Conversion Phase I.
RESOLUTION NO.2006-RO608
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, Change Order No.1 to the Contract
previously executed between the City of Lubbock and Craig Wallace Construction I, Ltd.
for Parks Irrigation System Conversion, Phase 1 (ITB# 06-710-13M), and related
documents. Said Change Order No. 1 is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 19'' day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Wood Franklin
Wood Franklin, Chief Water Utilities Engineer
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
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Regular City Council Meeting
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In an effort to conserve potable water this project involves converting irrigation
systems in 11 City parks from the municipal water supply to a groundwater
source using 21 irrigation wells. In the event of a well failure or inadequate
water pressure to ensure system performance, City potable water will be used.
This project converts the following parks with the corresponding number of
wells shown for each park:
Duran - 2
Elmore - 3
Hoel - 2
Kastman - 2
Lopez - 1
Mahon - 2
Remington - 2
Ribble - 2
Rogers - 2
Smith - 1
Stevens - 2
This change order will amend the existing contract with Craig Wallace
Construction I, Ltd. The original contract was for a total of $1,446,901 with 180
days for completion. This change order will reflect $50,000 savings to the City
of Lubbock as a result of value engineering with the electrical sub-
contractor and retrofitting pump control panels with electronic motor protection
devices necessitated by decreased static levels in the irrigation wells. The net
change order results in a $30,718 savings to the City of Lubbock.
FISCAL IMPACT
A total of $2,200,000 was appropriated and $1,762,465 is available in Capital
Improvement Project number 90357 (Parks Conversion to Groundwater) for
this purpose. The original contract value is $1,446,901 and the amount of this
change order is a credit to the City of Lubbock totaling $30,718.
Staff recommended approval of this resolution.
Wood Franklin, Interim Chief Engineer for Water Utilities, gave comments and
answered questions from Council.
Motion was made by Council Member Jones, seconded by Council Member
Price to pass Resolution No. 2006-RO608 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.27. Contract Amendment Resolution - Civic Center: Resolution No. 2006-
R0609 authorizing the Mayor to execute an amendment to the Naming
Rights Agreement with City Bank for the Lubbock Municipal Auditorium
and the Lubbock Municipal Coliseum.
RESOLUTION NO.2006-RO609
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 Naming Rights
Agreement with City Bank for the Lubbock Municipal Auditorium and the
Lubbock Municipal Coliseum, and any 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.
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Regular City Council Meeting
December 19, 2006
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Scott Snider
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
/s/Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice Section
City Council approved a naming rights agreement with City Bank on December
7, 2006.
Item No. 2 of that agreement states:
The consideration for the commitments and promises set forth herein is the
payment by City Bank of the amount of One Hundred Thousand and no/100
dollars ($100,000) per year, due on January 1st of each year during the term,
with the first such payment due upon execution of this agreement.
This amendment substitutes item No. 2 as follows:
The consideration for the commitments and promises set forth herein is the
payment by City Bank of the amount of Four Hundred Thirty -Two Thousand
Nine Hundred Forty -Eight and no/100 dollars ($432,948), due upon execution
of this agreement.
This represents the present value of $500,000 at 5% for a 5-year term;
consistent with the original agreement.
This is the only modification to the original agreement approved on December
7, 2006.
FISCAL IMPACT
$432,948 revenue to the General Fund.
Staff recommended approval of this resolution.
Motion was made by Council Member Price, seconded by Council Member
Jones to pass Resolution No. 2006-R0609 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.28. Contract Resolution - Civic Center: Resolution No. 2006-R0610
authorizing the Mayor to execute an agreement for commission with the
South Plains Professional Hockey Club Limited.
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Regular City Council Meeting
December 19, 2006
RESOLUTION NO. 2006-RO610
This Agreement for Commission (the "Agreement") is dated effective December 7,
2006, by and between South Plains Professional Hockey Club Limited ("Cotton Kings")
and the City of Lubbock, Texas, a Texas home -rule municipal corporation ("City").
WHEREAS, the City owns, operates and leases the Lubbock Municipal Coliseum
and Lubbock Municipal Auditorium ("Facilities") for various sports, cultural, civic and
entertainment events;
WHEREAS, the City desires to convey the naming rights of the Facilities and to
receive compensation therefore;
WHEREAS, due to its unique situation of being a tenant of all or part of the
Facilities, and their presence in the community of Lubbock and knowledge of the market
therefore, the City desires that the Cotton Kings assist the City in soliciting potential
purchasers of the naming rights of the Facilities;
WHEREAS, the Cotton Kings are amenable to performing such services for the
City, on a commission basis.
NOW, THEREFORE, the City and Cotton Kings hereby agree as follows:
1. The Cotton Kings shall utilize their best efforts to obtain a purchaser of the
naming rights of the Facilities on terms agreeable to the City and said
purchaser.
2. In consideration of the services to be provided by the Cotton Kings
hereunder, the City shall pay to the Cotton Kings, as commission, the sum
of One Hundred Thousand Dollars ($100,000), as a one time payment for
its services herein. Said commission shall be payable on or before forty-
five (45) days after the City shall enter into a valid and binding naming
rights agreement between the City and the purchaser of said naming rights.
This payment shall be a one time commission, and the Cotton Kings shall
be entitled to no other consideration or compensation for services under this
Agreement or any other services related to the naming rights of the
Facilities.
3. The City and Cotton Kings each represent and warranty that they have the
full power, authority and legal right to enter to into this Agreement and to
consummate the transactions contemplated hereby. This Agreement has
been duly authorized by all necessary requisite corporate action of each of
the parties hereto and upon execution and delivery by each party to this
Agreement, this Agreement shall constitute a binding and obligation of each
party, enforceable in accordance with its terms.
4. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas, notwithstanding the potential application of laws
of other jurisdictions. This d Agreement
u for any performable,
alrl disputes aris ng out of or
Lubbock County, Texas, an
related to this Agreement shall lie solely and exclusively in the courts of
competent jurisdiction in Lubbock County, Texas.
5. Whenever possible, each provision of this Agreement shall be interpreted in
such a manner so is to give effect and validity under applicable law. In the
event any provision or application hereof is invalid, such provision shall be
effective only to the extent of its validity, without invalidating or otherwise
effecting the remainder of such provision or the remaining provisions of this
Agreement.
6. This Agreement contains the entire understanding between the Cotton
ersedes any prior understandings and written or
Kings and the City and sup
the subject matter of this Agreement. All such
oral agreements respecting
agreements and understanding, if any, are deemedagreements, arrangements, eed into hor
Agreement. There are no representations,
understandings, oral or written, Agreement between
that are notand
fully expresged en this
to the subject matter of this
Agreement.
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Regular City Council Meeting
December 19, 2006
7. This Agreement expires on February 1, 2007.
This instrument is executed this 19`h day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/Scott Snider
Scott Snider
Assistant City Manager/Community Services
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner,
First Assistant City Attorney
The authorized representative for the South Plains Hockey Club (Cotton Kings)
approached City officials with a naming rights proposal in August, 2006.
Specifics were to be negotiated between the City and City Bank for an agreed
upon amount for the naming rights. Negotiations resulted in a final agreed upon
amount of $432,948 to be paid upon execution.
It is recommended that a commission of S 100,000 be paid to South Plains
Hockey Club as consideration for their efforts.
FISCAL IMPACT
$100,000 from the General Fund, paid from naming rights proceeds.
Staff recommended approval of this resolution.
Motion was made by Council Member Boren, seconded by Council Member
Price to pass Resolution No. 2006-RO609 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
5.32. Alternative Delivery Method Resolution - Animal Services: Resolution No.
2006-RO611 authorizing and directing the Director of Purchasing and
Contract Management to use the Design -Build delivery method as the
construction project method providing the best value for the City of
Lubbock for the Lubbock Animal Shelter and Adoption Center.
RESOLUTION NO.2006-RO611
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Director of Purchasing and Contract Management of the City of
Lubbock BE and is hereby authorized and directed to use the Design -Build delivery
method as the construction project method providing the best value for the Lubbock
Animal Shelter and Adoption Center, and any related documents.
539
Regular City Council Meeting
December 19, 2006
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Scott Snider
Scott Snider, Assistant City Manager of
Community Services
APPROVED AS TO FORM:
/s/Anita Burgess
Anita Burgess, City Attorney
Subchapter H, Section 271 of the Local Government Code provides for
alternate project delivery methods for certain projects. For projects involving
the construction of a facility, Subchapter H permits a municipality to use any of
the following methods that provides the best value for the municipality:
• competitive bidding;
• competitive sealed proposals;
• a design -build contract;
• a contract using a construction manager; or
• a job order contract.
"Facility" means buildings the design and construction of which are governed
by accepted building codes. The term does not include: (A) highways, roads,
streets, bridges, utilities, water supply projects, water plants, wastewater plants,
water and wastewater distribution or conveyance facilities, wharves, docks,
airport runways and taxiways, drainage projects, or related types of projects
associated with civil engineering construction; or (B) buildings or structures
that are incidental to projects that are primarily civil engineering construction
projects.
One of the projects being considered for Design -Build is described as Phase 1
of the Lubbock Animal Shelter and Adoption Center.
Section 271.114 of the Local Government Code requires that the governing
body of a municipality that is considering a construction contract using a
method other than competitive bidding must determine which delivery method
provides the best value for the City. Resolution No. 2002-R0543 authorizes the
City Manager to determine which alternate construction contract method will
provide the best value for any construction project not anticipated to exceed $1
million in total cost.
As set out in the resolution, staff is asking City Council to authorize and direct
City staff to use the Design -Build delivery method for the Lubbock Animal
Shelter and Adoption Center as the method providing the alternate project
delivery method that provides the best value for the City of Lubbock. The
following information is provided to help City Council determine which
delivery method provides the best value for the City.
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Regular City Council Meeting
December 19, 2006
1. Design -Build Contracts for Facilities
A municipality may use the design -build method for the construction,
rehabilitation, alteration, or repair of a facility. The City must select or
designate an engineer or architect independent of the design -build firm to act as
its representative for the duration of the work on the facility. If the City's
engineer or architect is not a full-time employee of the City, the City must
select the engineer or architect on the basis of demonstrated competence and
qualifications as provided by Section 2254.004, Government Code.
The City must prepare a request for qualifications that includes general
information on the project site, project scope, budget, special systems, selection
criteria, and other information that may assist potential design -build firms in
submitting proposals for the project. The City must also prepare a design
criteria package that includes more detailed information on the project. If the
preparation of the design criteria package requires engineering or architectural
services that constitute the practice of engineering within the meaning of The
Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil Statutes)
or the practice of architecture within the meaning of Chapter 478, Acts of the
45th Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas Civil
Statutes), those services must be provided in accordance with the applicable
law.
The City must evaluate statements of qualifications and select a design -build
firm in two phases: (1) In phase one, the City must prepare a request for
qualifications and evaluate each offeror's experience, technical competence, and
capability to perform, the past performance of the offeror's team and members
of the team, and other appropriate factors submitted by the team or firm in
response to the request for qualifications, except that cost -related or price -
related evaluation factors are not permitted. Each offeror must certify to the
City that each engineer or architect that is a member of its team was selected
based on demonstrated competence and qualifications in the manner provided
by Section 2254.004, Government Code. The City must qualify a maximum of
five offerors to submit additional information and, if the City chooses, to
interview for final selection. (2) In phase two, the City must evaluate the
information submitted by the offerors on the basis of the selection criteria stated
in the request for qualifications and the results of an interview. The City may
request additional information regarding demonstrated competence and
qualifications, considerations of the safety and long-term durability of the
project, the feasibility of implementing the project as proposed, the ability of
the offeror to meet schedules, costing methodology, or other factors as
appropriate.
The City may not require offerors to submit detailed engineering or
architectural designs as part of the proposal. The City must rank each proposal
submitted on the basis of the criteria set forth in the request for qualifications.
The City must select the design -build firm that submits the proposal offering
the best value for the City on the basis of the published selection criteria and on
its ranking evaluations. The City must first attempt to negotiate a contract with
the selected offeror. If the City is unable to negotiate a satisfactory contract
with the selected offeror, the City must, formally and in writing, end
negotiations with that offeror and proceed to negotiate with the next offeror in
the order of the selection ranking until a contract is reached or negotiations with
all ranked offerors end.
Following selection of a design -build firm, that firm's engineers or architects
must complete the design, submitting all design elements for review and
determination of scope compliance to the City or the City's engineer or architect
before or concurrently with construction.
The City must provide or contract for, independently of the design -build firm,
the inspection services, the testing of construction materials engineering, and
the verification testing services necessary for acceptance of the facility by the
City. The City must select those services for which it contracts in accordance
with Section 2254.004, Government Code.
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Regular City Council Meeting
December 19, 2006
The design -build firm must supply a signed and sealed set of construction
documents for the project to the City at the conclusion of construction.
A payment or performance bond is not required for, and may not provide
coverage for, the portion of a design -build contract under this section that
includes design services only. If a fixed contract amount or guaranteed
maximum price has not been determined at the time a design -build contract is
awarded, the penal sums of the performance and payment bonds delivered to
the City must each be in an amount equal to the project budget, as specified in
the design criteria package. The design -build firm must deliver the bonds not
later than the 1 Oth day after the date the design -build firm executes the contract
unless the design -build firm furnishes a bid bond or other financial security
acceptable to the City to ensure that the design -build firm will furnish the
required performance and payment bonds when a guaranteed maximum price is
established.
2. Contracts for Facilities: Construction Manager -At -Risk
A municipality may use the construction manager -at -risk method for the
construction, rehabilitation, alteration, or repair of a facility. A construction
manager -at -risk is a sole proprietorship, partnership, corporation, or other legal
entity that assumes the risk for construction, rehabilitation, alteration, or repair
of a facility at the contracted price as a general contractor and provides
consultation to the City regarding construction during and after the design of
the facility.
Before or concurrently with selecting a construction manager -at -risk, the City
must select or designate an engineer or architect who must prepare the
construction documents for the project. The City's engineer, architect, or
construction manager -agent for a project may not serve, alone or in
combination with another, as the construction manager -at -risk unless the
engineer or architect is hired to serve as the construction manager -at -risk under
a separate or concurrent procurement conducted in accordance with this
subchapter.
The City must provide or contract for, independently of the construction
manager -at -risk, the inspection services, the testing of construction materials
engineering, and the verification testing services necessary for acceptance of
the facility by the City. The City must select those services for which it
contracts in accordance with Section 2254.004, Government Code.
The City must select the construction manager -at -risk in either a one-step or
two-step process. The City must prepare a request for proposals, in the case of a
one-step process, or a request for qualifications, in the case of a two-step
process, that includes general information on the project site, project scope,
schedule, selection criteria, estimated budget, and the time and place for receipt
of proposals or qualifications, as applicable, and other information that may
assist the City in its selection of a construction manager -at -risk. The City must
state the selection criteria in the request for proposals or qualifications, as
applicable. The selection criteria may include the offeror's experience, past
performance, safety record, proposed personnel and methodology, and other
appropriate factors that demonstrate the capability of the construction manager -
at -risk. If a one-step process is used, the City may request, as part of the
offeror's proposal, proposed fees and prices for fulfilling the general conditions.
If a two-step process is used, the City may not request fees or prices in step one.
In step two, the City may request that five or fewer offerors, selected solely on
the basis of qualifications, provide additional information, including the
construction manager -at -risk's proposed fee and its price for fulfilling the
general conditions.
At each step, the City must receive, publicly open, and read aloud the names of
the offerors. At the appropriate step, the City must also read aloud the fees and
prices, if any, stated in each proposal as the proposal is opened. Not later than
the 45th day after the date of opening the proposals, the City must evaluate and
rank each proposal submitted in relation to the criteria set forth in the request
for proposals.
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Regular City Council Meeting
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The City must select the offeror that submits the proposal that offers the best
value for the City based on the published selection criteria and on its ranking
evaluation. The City must first attempt to negotiate a contract with the selected
offeror. If the City is unable to negotiate a satisfactory contract with the
selected offeror, the City must, formally and in writing, end negotiations with
that offeror and proceed to negotiate with the next offeror in the order of the
selection ranking until a contract is reached or negotiations with all ranked
offerors end.
A construction manager -at -risk must publicly advertise and receive bids or
proposals from trade contractors or subcontractors for the performance of all
major elements of the work other than the minor work that may be included in
the general conditions. A construction manager -at -risk may seek to perform
portions of the work itself if the construction manager -at -risk submits its bid or
proposal for those portions of the work in the same manner as all other trade
contractors or subcontractors and if the City determines that the construction
manager -at -risk's bid or proposal provides the best value for the City.
The construction manager -at -risk and the City or its representative must review
all trade contractor or subcontractor bids or proposals in a manner that does not
disclose the contents of the bid or proposal during the selection process to a
person not employed by the construction manager -at -risk, engineer, architect, or
City. All bids or proposals must be made public after the award of the contract
or not later than the seventh day after the date of final selection of bids or
proposals, whichever is later.
If the construction manager -at -risk reviews, evaluates, and recommended to the
City a bid or proposal from a trade contractor or subcontractor but the City
requires another bid or proposal to be accepted, the City must compensate the
construction manager -at -risk by a change in price, time, or guaranteed
maximum cost for any additional cost and risk that the construction manager -at -
risk may incur because of the City's requirement that another bid or proposal be
accepted.
If a selected trade contractor or subcontractor defaults in the performance of its
work or fails to execute a subcontract after being selected in accordance with
this section, the construction manager -at -risk may, without advertising, fulfill
the contract requirements itself or select a replacement trade contractor or
subcontractor to fulfill the contract requirements.
If a fixed contract amount or guaranteed maximum price has not been
determined at the time the contract is awarded, the penal sums of the
performance and payment bonds delivered to the City must each be in an
amount equal to the project budget, as specified in the request for
qualifications. The construction manager must deliver the bonds not later than
the 1Oth day after the date the construction manager executes the contract
unless the construction manager furnishes a bid bond or other financial security
acceptable to the City to ensure that the construction manager will furnish the
required performance and payment bonds when a guaranteed maximum price is
established.
3. Selecting Contractor for Construction Services Through Competitive
Bidding
The City may use competitive bidding to select a contractor to perform
construction, rehabilitation, alteration, or repair services for a facility. The
municipality must award a competitively bid contract at the bid amount to the
bidder offering the best value to the City according to the established selection
criteria. Competitive bidding is the process of selecting a general contractor
where contractors compete for the same project by submitting public bids to the
municipality. Each contractor is given the same set of plans and specifications.
The estimating department of each contractor solicits subcontractor bids for
work they do not perform with their own forces. All bids are assembled and a
bid amount is arrived at and submitted to the municipality.
A specific "lump sum" price is determined through competitive bidding by two
or more general contractors. The work is usually awarded to the lowest
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Regular City Council Meeting
December 19, 2006
responsible bidder who then manages the construction project. An outside
architectural firm will need to be employed by the owner under a separate
contract to prepare complete plans and specifications, called the "bid
documents". The plans will show the scope of work desired, and the
specifications will spell out the level of quality desired.
This procurement method will generally require more time during the design
and pricing stage than the other types would require. Ample time needs to be
allowed for architect selection, preparation of preliminary design drawings,
preparation of development design drawings, then preparation of final
construction drawings and specifications (the "bid documents"). After plans
have been finalized and approved by the City, bids are solicited from a list of
contractors. The contractors are then given approximately three weeks to
prepare their construction cost estimates and bids.
If the lowest bid received is within the construction budget, then a "lump sum"
contract can be awarded, and construction can begin. But if the lowest bid is
over budget, the City may have to enter a "value engineering" stage to make
deductive cost changes to the scope of work and re -bid the construction phase
until the project's cost is within budget. This may take several more weeks of
difficult decision making until the City is able to re -bid and get the project
within budget.
4. Selecting Contractor for Construction Services Through Competitive Sealed
Proposals
In selecting a contractor for construction, rehabilitation, alteration, or repair
services for a facility through competitive sealed proposals, the City must select
or designate an engineer or architect to prepare construction documents for the
project. The City must provide or contract for, independently of the contractor,
the inspection services, the testing of construction materials engineering, and
the verification testing services necessary for acceptance of the facility by the
City.
A request for competitive sealed proposals includes construction documents,
selection criteria, estimated budget, project scope, schedule, and other
information that contractors may require to respond to the request. The City
must state in the request for proposals the selection criteria that will be used in
selecting the successful offeror.
The City must receive, publicly open, and read aloud the names of the offerors
and, if any are required to be stated, all prices stated in each proposal. Not later
than the 45th day after the date of opening the proposals, the City must evaluate
and rank each proposal submitted in relation to the published selection criteria.
The City must select the offeror that offers the best value for the City based on
the published selection criteria and on its ranking evaluation. The City must
first attempt to negotiate a contract with the selected offeror. The City and its
engineer or architect may discuss with the selected offeror options for a scope
or time modification and any price change associated with the modification. If
the City is unable to negotiate a contract with the selected offeror, the City
must, formally and in writing, end negotiations with that offeror and proceed to
the next offeror in the order of the selection ranking until a contract is reached
or all proposals are rejected.
In determining best value for the City, the City is not restricted to considering
price alone, but may consider any other factor stated in the selection criteria.
5. Contracts for Facilities: Construction Manager -Agent
A municipality may use the construction manager -agent method for the
construction, rehabilitation, alteration, or repair of a facility. A construction
manager -agent is a sole proprietorship, partnership, corporation, or other legal
entity that provides consultation to the City regarding construction,
rehabilitation, alteration, or repair of the facility. A City using the construction
manager -agent method may, under the contract between the City and the
construction manager -agent, require the construction manager -agent to provide
administrative personnel, equipment necessary to perform duties under this
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Regular City Council Meeting
December 19, 2006
section, and on -site management and other services specified in the contract. A
construction manager -agent represents the City in a fiduciary capacity.
Before or concurrently with selecting a construction manager -agent, the City
must select or designate an engineer or architect who must prepare the
construction documents for the project. The City's engineer or architect may not
serve, alone or in combination with another person, as the construction
manager -agent unless the engineer or architect is hired to serve as the
construction manager -agent under a separate or concurrent. This does not
prohibit the City's engineer or architect from providing customary construction
phase services under the engineer's or architect's original professional service
agreement in accordance with applicable licensing laws.
A City must select a construction manager -agent on the basis of demonstrated
competence and qualifications in the same manner as provided for the selection
of engineers or architects under Section 2254.004, Government Code.
A City using the construction manager -agent method must procure, in
accordance with applicable law, a general contractor, trade contractors, or
subcontractors who will serve as the prime contractor for their specific portion
of the work.
The City or the construction manager -agent must procure in accordance with
Section 2254.004, Government Code, all of the testing of construction materials
engineering, the inspection services, and the verification testing services
necessary for acceptance of the facility by the City.
6. Job Order Contracts for Facilities Construction or Repair
A City may award job order contracts for the minor construction, repair,
rehabilitation, or alteration of a facility if the work is of a recurring nature but
the delivery times are indefinite and indefinite quantities and orders are
awarded substantially on the basis of predescribed and prepriced tasks.
The City may establish contractual unit prices for a job order contract by: (1)
specifying one or more published construction unit price books and the
-- applicable divisions or line items; or (2) providing a list of work items and
requiring the offerors to bid or propose one or more coefficients or multipliers
to be applied to the price book or work items as the price proposal.
The City must advertise for, receive, and publicly open sealed proposals for job
order contracts. The City may require offerors to submit additional information
besides rates, including experience, past performance, and proposed personnel
and methodology. The City may award job order contracts to one or more job
order contractors in connection with each solicitation of bids or proposals.
An order for a job or project under the job order contract must be signed by the
City's representative and the contractor. The order may be a fixed price, lump -
sum contract based substantially on contractual unit pricing applied to
estimated quantities or may be a unit price order based on the quantities and
line times delivered. The contractor must provide payment and performance
bonds, if required by law, based on the amount or estimated amount of any
order.
The base term of a job order contract is for the period and with any renewal
options that the City sets forth in the request for proposals. If the City fails to
advertise that term, the base term may not exceed two years and is not
renewable without further advertisement and solicitation of proposals.
If a job order contract or an order issued under the contract requires engineering
or architectural services that constitute the practice of engineering, those
services must be provided in accordance with applicable law.
FISCAL IMPACT
$1,043,000 is currently available in Capital Improvement Project 91158,
Animal Shelter Facility. Based on response to the Request for Proposals,
additional appropriation may be needed before the project can be completed.
Staff recommended approval of this resolution.
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Victor Kilman, Director of General Services, and City Manager Lee Ann
Dumbauld gave comments and answered questions from Council. Council
Member Leonard suggested to staff that they take a look at other animal
shelters, such as the one in Washington, DC, and possibly incorporate elements
like a walking/jogging track into the City's animal shelter.
Motion was made by Council Member Leonard, seconded by Council Member
Jones to pass Resolution No. 2006-RO611 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
6.10. Public Hearing - 10:00 a.m. - Electric Utility: Hold a public hearing to
amend Sections 2-480, 2-482, 2-484, and 2-485 of Chapter 2, Article XVIII
of the Code of Ordinances of Lubbock, Texas, as published; related to the
duties and obligations of the Electric Utility Board.
Mayor Miller opened the public hearing at 10:17 a. in. No one appeared on
behalf of the Code of Ordinances amendment. No one appeared in opposition.
Mayor Miller closed the hearing at 10:18 a. m.
Chapter 1, Article XII, Section 1 of the City Charter establishes and outlines
certain responsibilities and duties of the Electric Utility Board. On December
16, 2004, the City Council passed Ordinance Number 2004-00140, amending
Sections 2-479 through 2-485 of Chapter 2, Article XVIII of the Code of
Ordinances detailing the duties and responsibilities of the Electric Utility Board
and detailing the procedure for disbursing net revenues of the City's
municipally owned electric utility. The Electric Utility Board has requested that
the City Council amend certain portions of the above described ordinance.
FISCAL IMPACT
The fiscal impact for FY 2006-07 will be $1 million in the form of a rebate to
LP&L's electric customers. Required reserves are being reduced from 6 months
to 5 months which will impact future years. The amount of reserves is variable
but the reduction from 6 months to 5 months for FY 2006-07 would be on the
order of $11 million. The reduction in required reserves will allow LP&L to
begin making franchise payments to the General Fund sooner. Overall, the
financial situation of both the City and LP&L are strengthened by the ordinance
change.
W.R. Collier, Chairman of the Electric Utility Board, and Matthew Wade,
Natural Resources Attorney, gave comments and answered questions from
Council.
6.11. Board Ordinance 1st Reading - Electric Utility: Ordinance No. 2006-
00135 amending Sections 2-480, 2-482, 2-484, and 2-485 of Chapter 2,
Article XVIII of the Code of Ordinances outlining the duties and
responsibilities of the Electric Utility Board, and providing for the
disbursement of revenues of the City's electric utility.
ORDINANCE NO. 2006-00135
AN ORDINANCE AMENDING ARTICLE XVIII OF CHAPTER 2 OF THE
CODE OF ORDINANCES, OUTLINING THE DUTIES AND RESPONSIBILITIES OF
THE ELECTRIC UTILITY BOARD; PROVIDING FOR THE DISBURSEMENT OF
REVENUES OF THE CITY'S ELECTRIC UTILITY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Chapter 1, Article XII, Section 1 of the City Charter establishes and outlines
certain responsibilities and duties of the Electric Utility Board. On December
16, 2004, the City Council passed Ordinance Number 2004-00140, amending
Sections 2-479 through 2-485 of Chapter 2, Article XVIII of the Code of
Ordinances detailing the duties and responsibilities of the Electric Utility Board
and detailing the procedure for disbursing net revenues of the City's
municipally owned electric utility. The Electric Utility Board has requested
that the City Council amend certain portions of the above described ordinance.
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Regular City Council Meeting
December 19, 2006
FISCAL IMPACT
The fiscal impact for FY 2006-07 will be $1 million in the form of a rebate to
LP&L's electric customers. Required reserves are being reduced from 6 months
to 5 months which will impact future years. The amount of reserves is variable
but the reduction from 6 months to 5 months for FY 2006-07 would be on the
order of $11 million. The reduction in required reserves will allow LP&L to
begin making franchise payments to the General Fund sooner. Overall, the
financial situation of both the City and LP&L are strengthened by the ordinance
change.
Motion was made by Council Member Boren, seconded by Council Member
Price to pass on first reading Ordinance No. 2006-00135 as recommended by
staff. Motion carried: 7 Ayes, 0 Nays.
6.2. North Overton TIRZ 4th Amended Project and Finance Plan Public
Hearing 10:00 a.m. - Business Development: Hold a Public Hearing to
receive public comment on the proposed amendments to the North
Overton Tax Increment Financing Reinvestment Zone Third Amended
Project Plan and Third Amended Finance Plan.
Mayor Miller opened the public hearing at 10:34 a. m. No one appeared on
behalf of North Overton TIRZ. No one appeared in opposition. Mayor Miller
closed the hearing at 10:34 a. m.
Based on current sales and construction activity in Overton Park, the McDougal
Companies have increased their projections of the scope of the new
construction projects. With this new information, at their meeting on
November 20, 2006, the members of the North Overton Tax Increment
Financing Reinvestment Zone (TIRZ) Board approved the Fourth Amended
Project Plan and the Fourth Amended Finance Plan. V.T.C.A. Tax Code
311.003 requires that the City Council hold a public hearing to allow public
comment on the changes to the Plans before adopting. This item fulfills that
requirement.
Changes included in the North Overton Tax Increment Finance Fourth
Amended Project Plan and Fourth Amended Finance Plan:
• Increase in total estimated assessed value from $445 million to $530.5 million
based on new estimates on development in Overton Park
• Increase in total estimated tax increment over the life of the TIRZ from $89
million to $108.9 million.
• Total estimated Phase I project cost increased from $28.965 million to
$41.721 million due to new projects added and increased cost of construction
on existing projects.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended holding the public hearing to discuss amendments to the
North Overton Tax Increment Financing Reinvestment Zone Third Amended
Project Plan and Third Amended Finance Plan.
6.4. CBD TIRZ 2nd Amended Project and Finance Plan Public Hearing 10:00
a.m. - Business Development: Hold a Public Hearing for the City Council
to receive public comment on the proposed amendments to the Central
Business District Tax Increment Financing Reinvestment Zone First
Amended Project Plan and First Amended Finance Plan.
Mayor Miller opened the public hearing at 10:34 a. m. No one appeared on
behalf of Central Business District TIRZ. No one appeared in opposition.
Mayor Miller closed the hearing at 10:34 a. m.
Based on new estimates of revenues for the Central Business District Tax
Increment Financing Reinvestment Zone (TIRZ), the Board of the Central
Business District Tax Increment Financing Reinvestment Zone adopted the
Second Amended Finance Plan and Second Amended Project Plan at their
November 14, 2006 meeting, and submit it to the City Council for approval.
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V.T.C.A. Tax Code 311.003 requires that the City Council hold a public
hearing to allow public comment on the changes to the Plans before adopting.
This item fulfills that requirement.
Changes included in the Central Business District Second Amended Project
Plan and Second Amended Finance Plan:
• Increase in total estimated assessed value from $207 million to $228.8 million
based on the revision of the projections for the TIRZ.
• Increase in total estimated tax increment over the life of the TIRZ from
$8.357 million to $10.405 million.
• Total estimated project cost increased from $8.357 million to S 10.405 million
based on the new projections of revenue for the TIRZ.
• The statute requires that the project plan include the cost of administering the
TIRZ, so $300,000 was added to the plan for administrative costs for the life
of the TIRZ.
• Total project costs revised to match total projected revenue.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommended holding the public hearing to discuss the amendments to the
Central Business District Tax Increment Financing Reinvestment Zone First
Amended Project Plan and First Amended Finance Plan.
6.3. North Overton Tax Increment Financing Reinvestment Zone Fourth
Amended Project and Fourth Amended Finance Ordinance 1st Reading -
Business Development: Ordinance No. 2006-00136 approving the North
Overton Tax Increment Finance Reinvestment Zone Fourth Amended
Project Plan and Fourth Amended Finance Plan as adopted by the Board
of Directors of the North Overton Tax Increment Financing Reinvestment
Zone.
ORDINANCE NO. 2006-00136
AN ORDINANCE APPROVING THE FOURTH AMENDED NORTH OVERTON
DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN
AND FINANCE PLAN AS ADOPTED BY THE BOARD OF DIRECTORS OF THE
NORTH OVERTON TAX INCREMENT FINANCING REINVESTMENT ZONE.
Based on current sales and construction activity in Overton Park, the McDougal
Companies have increased their projections of the scope of the new
construction projects. With this new information, at their meeting on November
20, 2006, the members of the North Overton Tax Increment Financing
Reinvestment Zone (TIRZ) Board approved the Fourth Amended Project Plan
and the Fourth Amended Finance Plan.
Changes included in the North Overton Tax Increment Financing Fourth
Amended Project Plan and Fourth Amended Finance Plan:
• Increase in total estimated assessed value from $445 million to $530.5 million
based on new estimates on development in Overton Park
• Increase in total estimated tax increment over the life of the TIRZ from $89
million to $108.9 million.
• Total estimated Phase I project cost increased from $28.965 million to
$41.721 million due to new projects added and increased cost of construction
on existing projects.
FISCAL IMPACT
These public improvements will be paid out of bonds issued and revenues
collected by the North Overton Tax Increment Finance Reinvestment Zone. The
Capital Improvement Program will be amended accordingly at a future City
Council meeting.
Regular City Council Meeting
December 19, 2006
The North Overton Tax Increment Financing Reinvestment Zone Board and
staff recommended approval of this ordinance.
Motion was made by Council Member Boren, seconded by Mayor Pro Tern
Gilbreath to pass on first reading Ordinance No. 2006-00136 as recommended
by staff. Motion carried: 7 Ayes, 0 Nays.
6.5. Central Business District Tax Increment Financing Reinvestment Zone
2nd Amended Project Plan and Finance Plan Ordinance 1st Reading -
Business Development: Ordinance No. 2006-00137 approving the Central
Business District Tax Increment Finance Reinvestment Zone Second
Amended Project Plan and Second Amended Finance Plan as adopted by
the Board of Directors of the Central Business District Tax Increment
Financing Reinvestment Zone.
ORDINANCE NO. 2006-00137
AN ORDINANCE APPROVING THE SECOND AMENDED CENTRAL BUSINESS
DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN
AND FINANCE PLAN AS ADOPTED BY THE BOARD OF DIRECTORS OF THE
CENTRAL BUSINESS DISTRICT TAX INCREMENT FINANCING
REINVESTMENT ZONE.
Based on new estimates of revenues for the Central Business District Tax
Increment Financing Reinvestment Zone (TIRZ), the Board of the Central
Business District Tax Increment Financing Reinvestment Zone adopted the
Second Amended Finance Plan and Second Amended Project Plan at their
November 14, 2006 meeting, and submit it to the City Council for approval.
Changes included in the Central Business District Second Amended Project
Plan and Second Amended Finance Plan:
• Increase in total estimated assessed value from $207 million to $228.8 million
based on the revision of the projections for the TIRZ.
• Increase in total estimated tax increment over the life of the TIRZ from
$8.357 million to $10.405 million.
• Total estimated project cost increased from $8.357 million to $10.405 million
based on the new projections of revenue for the TIRZ.
• The statute requires that the project plan include the cost of administering the
TIRZ, so $300,000 was added to the plan for administrative costs for the life
of the TIRZ.
• Total project costs revised to match total projected revenue.
FISCAL IMPACT
These public improvements will be paid out of revenues collected by the
Central Business District Tax Increment Finance Reinvestment Zone.
The Central Business District Tax Increment Finance Reinvestment Zone Board
and staff recommended approval of this ordinance.
Motion was made by Council Member Boren, seconded by Mayor Pro Tem
Gilbreath to pass on first reading Ordinance No. 2006-00137 as recommended
by staff. Motion carried: 7 Ayes, 0 Nays.
At this time, Mayor Miller asked Fire Chief Steve Hailey to come and give
departing remarks, since this was the last Council meeting he would attend as
City of Lubbock Fire Chief. Chief Hailey's retirement date is January 5, 2007.
Each Council member thanked Chief Hailey for his service. He then gave
comments and received a standing ovation.
6.1. Red Light Camera Automated Enforcement Ordinance 2nd Reading -
Traffic Engineering: Ordinance No. 2006-00131 Consider an ordinance
amending the Code of Ordinances of the City of Lubbock, by amending
Chapter 16, to add Article XIV, Automated Traffic Signal Enforcement.
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ORDINANCE NO. 2006-00131
AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, BY AMENDING
CHAPTER 16, TO ADD ARTICLE XIV, AUTOMATED TRAFFIC SIGNAL
ENFORCEMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR THE IMPOSITION OF CIVIL
PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
Due to the 79% increase in the number of people killed statewide as a result of
red-light running between 1975 and 1999, and the continued significant number
of crashes due to red-light running in Lubbock, the Citizens Traffic
Commission and the City Traffic Engineering Department have recommended
that City Council implement this new ordinance authorizing red light photo
enforcement. Section 54.004 of the Local Government Code authorizes
municipalities to enact ordinances deemed necessary to protect the health, life,
and property of their citizens, and Section 542.202 of the Texas Transportation
Code authorizes municipalities to regulate traffic by means of traffic control
devices through criminal, civil, and administrative enforcement methods.
Programs in other cities have shown that automated red light photo enforcement
has been successful at reducing the number of crashes due to red light running.
FISCAL IMPACT
Revenues from automated red light photo enforcement will exceed the cost of
equipment, operation, and maintenance. Based on data from many
municipalities, the cost for the program is well below the revenue generated.
The Citizens Traffic Commission recommended approval of this ordinance.
Jere Hart, Traffic Engineer; Claude Jones, Police Chief; and Anita Burgess,
City Attorney, gave comments and answered questions from Council. Council
Member Leonard requested language is added into the contract to say that the
City of Lubbock will not enter into any agreement or contract with a red light
camera vendor that has any type of quota at all. Mr. Leonard added that there
can be no minimum guarantees of any kind. The vendor can not pull out of the
contract or get more of a revenue share even if infractions fall to zero. Mayor
Miller requested that the length of tape storage time should be set to a period of
time that would go no longer than necessary for the processing of the citation.
Hart informed the Mayor that it could also be part of the contract.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass on second and final reading Ordinance No. 2006-00131 as
recommended by staff. Motion carried: 6 Ayes, 1 Nay. Council Member
Leonard voted Nay.
6.6. Support for Increased Funding Resolution - Parks and Recreation:
Resolution No. 2006-RO612 supporting increased funding for the Texas
Recreation and Parks Account and the State Park System.
RESOLUTION NO.2006-RO612
WHEREAS, the Texas Parks and Wildlife Department ("TPWD") administers the
Texas Recreation and Parks Account Local Park Grant Program ("TRPA") and manages
114 State parks and historical sites in Texas; and
WHEREAS, TPWD has a separate account in their general revenue fund referred to
as the TRPA for the purpose of providing matching grants to political subdivisions for
parks and recreation projects; and
WHEREAS, the matching grants provided by the TPWD are utilized for the
planning, acquisition, and development of local park, recreation and open space areas to be
owned and maintained by political subdivisions; and
WHEREAS, funds granted to political subdivisions under the TRPA guidelines
have funded 1,029 projects of the 2,851 submitted over 25 years delivering $623 million
dollars to the local Texas economy; and
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WHEREAS, political subdivisions throughout the State of Texas depend on grants
from TPWD through the TRPA to stimulate the acquisition and development of parks and
recreational areas for the benefit and enjoyment of their citizenry; and
WHEREAS, the TRPA and State parks are funded from sales tax on sporting goods
and that the development of new parks stimulates the purchase of sporting goods; and
WHEREAS, the development of parks encourages and promotes public health,
economic development, job creation, education, corporate relocations, an improved quality
of life, and juvenile crime prevention; and
WHEREAS, it is the desire of this City Council that a copy of this resolution with
_ appropriate names affixed be presented to the Governor of Texas and the leadership of the
801h Texas Legislature; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
That members of the 80th Legislature of Texas seek passage of legislation
maximizing the use of revenue from the sporting goods sales tax to increase funding for
parks and recreation programs fairly for both Local and State parks and that all TRPA
funded park projects be subject to the established TPWD competitive scoring system.
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A MILLER, 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/Don Vandiver
Don Vandiver, Attorney of Counsel
The Texas Recreation and Parks Account (TRPA) is a grant program for
parkland acquisition and the development of recreational facilities. The TRPA
is administered by the Texas Parks and Wildlife Department. The annual
funding in the TRPA prior to the 78th Legislature was $15.5 million. The
TRPA was reduced to $8.1 million annually during the 78th Legislature and to
$5 million by the 79th Legislature. The Texas Parks and Wildlife Department
and the Texas Recreation and Parks Account are funded from sales tax levied
on sporting goods. The resolution supports maximizing the use of revenue from
the sporting goods sales tax to increase funding for parks and recreation
facilities and programs.
Appropriations for the maintenance and operation of the State parks and
historical sites in Texas has also been reduced over the past two Legislative
Sessions resulting in park closures, reduced hours and days of operations as
well as staff layoffs. This decrease in appropriations has come at a time when
the population of the state is expanding and the need for open space is greater
than it has ever been.
Over the past four years, the City of Lubbock has received over $1,750,000 in
grant funding from the TPWD. Grant funded projects have included Fiesta
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Plaza, Legacy Play Village, Cavazos Baseball Complex, Brazos River Journey
at the Science Spectrum and hiking trails at Lake Alan Henry.
Staff is continuing to look for grant opportunities from TPWD.
FISCAL IMPACT
No fiscal impact anticipated.
Staff recommended City Council approve the resolution supporting increased
funding for the Texas Recreation and Parks Account and the State Park System.
Randy Truesdell, Parks and Recreation Manager, gave comments and answered
questions from Council.
Motion was made by Council Member DeLeon, seconded by Council Member
Jones to pass Resolution No. 2006-RO612 as recommended by staff. Motion
carried: 6Ayes, 0 Nays.
Council Member Boren was away from the dais.
6.7. Contract Resolution - Water Utilities: Resolution No. 2006-RO613
authorizing the Mayor to execute a contract with Utility Contractors of
America for major water line relocation for the Marsha Sharp Freeway,
BID 06-730-BM.
RESOLUTION NO.2006-RO613
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 a Contract by and between the City of
Lubbock and Utility Contractors of America, Ltd., of Wolfforth, Texas, for major
water line relocation for the Marsha Sharp Freeway (ITB #06-730-BM), which
Contract and any associated documents, are attached hereto and made a part of this
Resolution for all intents and purposes.
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Thomas L. Adams
Thomas L. Adams, Deputy City Manager/
Water Utilities Director
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
This project involves relocating large diameter distribution water mains ahead
of the Marsha Sharp Freeway, Phase 3B project. The distribution water mains
consist of approximately 700 feet of 48" water distribution lines; 2,470 feet of
36" water distribution lines; and all the necessary valves, vaults, encasements
and road bore near the intersection of Marsha Sharp Freeway and Slide Road.
FISCAL IMPACT
A total of $9,200,000 was appropriated with $1,790,731 available in Capital
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Improvement Project #9742, Lines Ahead of Marsha Sharp Freeway. An
additional $393,528 and $900,000 has been requesting in a budget amendment
for this project.
Staff recommended bid award to Utility Contractors of America of Wolfforth,
Texas for $2,255,400.
Tom Adams, Deputy City Manager/Water Utilities Director, gave comments
and answered questions from Council.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member
Leonard to pass Resolution No. 2006-RO613 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
Council Member Boren was away from the dais.
6.8. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No.
2006-00132 Consider budget ordinance Amendment #4 amending the FY
2006-07 budget respecting the Capital Improvement Program, Civic
Lubbock Inc., General Fund, and Lubbock Economic Development
Alliance.
ORDINANCE NO. 2006-00132
AN ORDINANCE AMENDING THE FY 2006-07 BUDGET FOR MUNICIPAL
PURPOSES RESPECTING THE (1) CAPITAL IMPROVEMENT PROGRAM; (2)
CIVIC LUBBOCK, INC.; (3) GENERAL FUND; AND (4) LUBBOCK ECONOMIC
DEVELOPMENT ALLIANCE.
1. Amend Capital Improvement Project 90359, Southeast Water Reclamation
Plant (SEWRP) Head Works Pump Rehabilitation by increasing the
appropriation by $1,010,073 for the necessary repair of a major failure of
the screw pumps at the SEWRP. The project costs will be funded from FY
2007 Certificates of Obligation. Total appropriation will be $3,010,073.
2. Amend Capital Improvement Project 9742, Water Lines Ahead of Sharp
Freeway by increasing the appropriation by $1,293,528 for the completion
of this project. The project costs will be funded from FY 2007 Certificates
of Obligation. Total appropriation will be $10,568,528.
3. Appropriate $390,000 from General Fund fund balance for a grant to
Lubbock Economic Development Alliance (LEDA) for the development
and diversification of the economy, elimination of unemployment and
underemployment, and the development and expansion of commerce. The
specific project related to this grant involves the purchase of a 301 acre tract
of land north of the Lubbock Preston Smith International Airport known as
the "Lubbock Rail Port".
LEDA will use the grant funds to purchase this property from the City. The
proceeds from the purchase of this land will be paid into the General Fund.
4. Appropriate $150,000 of additional General Fund revenue from the sale of
naming rights as a grant to Civic Lubbock, Inc., with estimated revenue
increased accordingly.
5. Appropriate $100,000 of additional General Fund revenue from the sale of
naming rights to pay South Plains Professional Hockey Club Limited
organization a commission for their role in securing the sale of the naming
rights, with estimated revenue increased accordingly.
FISCAL IMPACT
Included in item summary.
Staff recommended approval of the second reading of this ordinance.
City Manager Lee Ann Dumbauld gave comments and answered questions
from Council.
Motion was made by Council Member Price, seconded by Council Member
DeLeon to pass on second and final reading Ordinance No. 2006-00132 as
recommended by staff.
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Regular City Council Meeting
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Council Member Jones made a motion, which was seconded by Council
Member DeLeon to amend the motion on the floor as follows:
"Whereas, the Airport Director has been promoted to the position of
Assistant City Manager and has assumed additional responsibilities for
Engineering, Solid Waste, Street Maintenance, Traffic Engineering, his
annual salary should be $119,250, with an effective date of July 18, 2006.
Whereas, the Human Resources Director has been promoted to the position
of Assistant City Manager and has assumed responsibilities for Parks and
Recreation, Cemetery, Libraries, Health Department, Civic Facilities, and
Community Development, his annual salary should be $115,875, with an
effective date of July 18, 2006.
Whereas, the Business Development Director has been promoted to the
position of Assistant City Manager and has assumed additional
responsibilities for Downtown Development, GIS and Mapping, Building
Inspection, and Planning, his annual salary should be $109,125, with an
effective date of July 18, 2006.
Whereas, these positions and funding were approved in the FY 06-07
Budget, and positions established with the approved organizational chart in
pursuant to the ordinance adopting the FY 06-07 budget and requiring City
Council approval."
After discussions on this item were had and questions answered by City
Attorney Anita Burgess, motion was made by Mayor Pro Tern Gilbreath,
seconded by Council Member Boren to continue only the amendment.
Mayor Miller asked if the amendment could be continued until a later date.
City Attorney Anita Burgess advised Council that the amendment should be
voted up or down, instead of a continuance. Mayor Pro Tern Gilbreath and
Council Member Boren then withdrew their motion and second.
Council Member Leonard then called for the question, which was seconded by
Mayor Pro Tern Gilbreath. Because further discussion was requested by
Council Member Boren, Council Member Leonard and Mayor Pro Tern
Gilbreath withdrew the call and the second for the question.
Further discussion was had. Council Member Leonard called for the question
on the amendment, seconded by Council Member Boren. Vote was taken,
which carried: 7 Ayes, 0 Nays.
After Council Member Jones read the proposed amendment again, vote was
taken on the motion to the amendment, which failed: 3 Ayes, 4 Nays. Mayor
Miller, Mayor Pro Tern Gilbreath, Council Members Boren and Leonard voted
Nay.
Vote was then taken on the original motion made by Council Member Price,
seconded by Council Member DeLeon to pass on second and final reading
Ordinance No. 2006-00132. Motion carried: 7 Ayes, 0 Nays.
6.9. Master Lease Resolution - Finance: Resolution No. 2006-RO614 approving
equipment to be purchased as part of the Master Lease Program for FY
2006-07.
RESOLUTION NO.2006-RO614
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 approve the equipment and property to be
purchased as part of the Master Lease Program budgeted for the FY 2006-07 Operating
Budget; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the equipment and property to be purchased as part of the Master Lease
Program budgeted for the FY 2006-07 Operating Budget shall be (i) as specified on
Exhibit "A", attached hereto and made a part hereof for all intents and purposes; and (ii)
any equipment and property to be purchased as part of the Master Lease Program budgeted
in the FY 2006-07 Operating Budget, as approved by the City Council of the City of
Lubbock.
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December 19, 2006
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the inclusion of the equipment and property to be purchased as a part of the
Master Lease Program as (i) set forth on Exhibit "A", attached hereto and made a part
hereof for all intents and purposes; and (ii) any equipment and property to be purchased as
part of the Master Lease Program budgeted in the FY 2006-07 Operating Budget, as
approved by the City Council of the City of Lubbock, is hereby approved, and City
Manager and/or Chief Financial Officer and/or his/her designee(s), are hereby directed to
execute any and all document necessary to consummate such purchases.
Passed by the City Council this 19th day of December, 2006.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Jeffrey A. Yates
Jeffrey A. Yates, Chief Financial Officer
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner, First Assistant City Attorney
The Master Lease payments were approved in the FY 2006-07 Operating
Budget. 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.
This resolution will approve the initial FY 2006-07 Master Lease items as
reflected in Exhibit A.
FISCAL IMPACT
The lease payments are included in the Adopted FY 2006-07 Operating Budget.
Staff recommended approval of this resolution.
Motion was made by Mayor Pro Tern Gilbreath, seconded by Council Member
Leonard to pass Resolution No. 2006-RO614 as recommended by staff. Motion
carried: 7 Ayes, 0 Nays.
555
Regular City Council Meeting
December 19, 2006
11:52 A. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
Read and approved this '!� day of h , 200�.
Gilbreath, Mayor Pro Tern
ATTEST:
Rebe ca Garza, City Secretary
556