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City of Lubbock, Texas
Regular City Council Meeting
September 12, 2023

Tray Payne, Mayor
Shelia Patterson Harris, Mayor Pro Tem, District 2
Christy Martinez-Garcia, Councilwoman, District 1
Mark W. McBrayer, Councilman, District 3
Steve Massengale, Councilman, District 4
Dr. Jennifer Wilson, Councilwoman, District 5
Latrelle Joy, Councilwoman, District 6

W. Jarrett Atkinson, City Manager
Chad Weaver, City Attorney
Courtney Paz, City Secretary

http://www.mylubbock.us

City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas

City of Lubbock City Council Meetings are available to all persons regardless of disability. If you require special assistance, please contact the City Secretary's Office at (806)775-2061 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.

Note: On occasion the City Council may consider agenda items out of order.

11:00 a.m. - City Council convenes in City Council Chambers in Open Session, and immediately recesses into Executive Session.

1.

Executive Session

1.

1.

Hold an executive session in accordance with Texas Government Code, Section 551.071, with legal counsel for advice about pending or contemplated litigation or settlement agreement and on matters in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct conflicts with Chapter 551.

1.

1.

1.

Settlement offer for Claim No. 22-C-121

1.

2.

Hold an executive session in accordance with the Texas Government Code, Section 551.074, to discuss personnel matters, the appointment, employment, evaluation or reassignment of the following:

1.

2.

1.

City Attorney

1.

2.

2.

City Manager

1.

2.

3.

City Secretary

1.

3.

Hold an executive session in accordance with Texas Government Code Section 551.074, to discuss personnel matters, regarding the duties, responsibilities, and/or appointments to the Lubbock Central Appraisal District Board of Directors.

Adjourn from Executive Session

2:00 p.m. - City Council reconvenes in Open Session in City Council Chambers.

2.

Ceremonial Items

2.

1.

Invocation

2.

2.

Pledges of Allegiance

Call to Order

3.

Citizen Comments - According to Lubbock City Council Rules, any citizen wishing to appear in-person before a regular meeting of the City Council, regarding any matter posted on the City Council Agenda below, shall complete the sign-up form provided at the meeting, no later than 2:00 p.m. on September 12, 2023. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items.

4.

Minutes

4.

1.

July 18, 2023 Special City Council Meeting - Electric Utility Board
July 31, 2023 Special City Council Meeting - Budget Work Session
August 1, 2023 Special City Council Meeting - Budget Work Session
August 8, 2023 Regular City Council Meeting

5.

Consent Agenda - Items considered to be routine are enacted by one motion without separate discussion. If the City Council desires to discuss an item, the item is removed from the Consent Agenda and considered separately.

5.

1.

Budget Ordinance Amendment 2nd Reading - Finance: Consider Budget Ordinance No. 2023-O0095, Amendment 32, Amending the FY 2022-23 Budget for municipal purposes respecting the Streets Capital Projects Fund; providing for filing; and providing for a savings clause.

5.

2.

Budget Ordinance Amendment 2nd Reading - Finance: Consider Budget Ordinance No. 2023-O0107, Amendment 34, Amending the FY 2022-23 Budget for municipal purposes respecting the Public Safety Capital Projects Fund; providing for filing; and providing for a savings clause.

5.

2.

1.

Resolution - Lubbock Fire Rescue: Consider a resolution authorizing the Mayor to execute Contract 17449, with Lee Lewis Construction, Inc., for the construction of Fire Station 20 located at 3210 142nd Street.

5.

3.

Budget Ordinance Amendment 1st Reading - Finance: Consider Budget Ordinance Amendment 31, Amending the FY 2022-23 Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the Texas Health and Human Services Commission; providing for filing; and providing for a savings clause.

5.

4.

Budget Ordinance Amendment 1st Reading - Finance: Consider Budget Ordinance Amendment 33, amending the FY 2022-23 Budget for municipal purposes respecting the Civic Centers Fund; providing for filing; and providing for a savings clause.

5.

5.

Budget Ordinance Amendment 1st Reading - Finance: Consider Budget Ordinance Amendment 36, amending the FY 2022-23 Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the Federal Transit Administration; providing for filing; and providing for a savings clause.

5.

6.

Budget Ordinance Amendment 1st Reading - Finance: Consider Budget Ordinance Amendment 37, Amending the FY 2022-23 Budget for municipal purposes respecting the Parks Capital Project Fund; providing for filing; and providing for a savings clause.

5.

7.

Ordinance 2nd Reading - Finance: Consider Ordinance No. 2023-O0096, the Sixteenth Supplemental Ordinance, updating the Vintage Township Public Improvement District Service and Assessment Plan and Assessment Roll.

5.

8.

Ordinance 2nd Reading - Finance: Consider Ordinance No. 2023-O0097, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Bell Farms PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2023 assessments for the cost of certain services and improvements to be provided in the district during FY 2023-24; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.

5.

9.

Ordinance 2nd Reading - Finance: Consider Ordinance No. 2023-O0098, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the North Overton PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2023 assessments for the cost of certain services and improvements to be provided in the district during FY 2023-24; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.

5.

10.

Ordinance 2nd Reading - Finance: Consider Ordinance No. 2023-O0099, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the North Point PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2023 assessments for the cost of certain services and improvements to be provided in the district during FY 2023-24; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.

5.

11.

Ordinance 2nd Reading - Finance: Consider Ordinance No. 2023-O0100, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Northwest Passage PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2023 assessments for the cost of certain services and improvements to be provided in the district during FY 2023-24; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.

5.

12.

Ordinance 2nd Reading - Finance: Consider Ordinance No. 2023-O0101, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Quincy Park PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2023 assessments for the cost of certain services and improvements to be provided in the district during FY 2023-24; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.

5.

13.

Ordinance 2nd Reading - Finance:Consider Ordinance No. 2023-O0102, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Upland Crossing PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2023 assessments for the cost of certain services and improvements to be provided in the district during FY 2023-24; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.

5.

14.

Ordinance 2nd Reading - Finance: Consider Ordinance No. 2023-O0103, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Valencia PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2023 assessments for the cost of certain services and improvements to be provided in the district during FY 2023-24; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.

5.

15.

Ordinance 2nd Reading - Finance: Consider Ordinance No. 2023-O0104, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Willow Bend Villas PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2023 assessments for the cost of certain services and improvements to be provided in the district during FY 2023-24; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.

5.

16.

Resolutions - Finance: Consider four resolutions authorizing the Mayor to execute Contract 17361 with Premier Waterworks, Inc., Contract 17508 with Core and Main, LP, Contract 17507 with Ferguson Enterprises, Inc., and Contract 17509 with O'Tool Plastic Pipe, Inc., for water inventory items.

5.

17.

Resolution - Business Development: Consider a resolution accepting a Special Warranty Deed for real property located at various tracts within the Bell Farms Public Improvement District as described on the exhibits to the Special Warranty Deed, granted to the City of Lubbock on behalf of the Bell Farms Public Improvement District by Betenbough Homes, LLC.

5.

18.

Resolution - Business Development: Consider a resolution authorizing a Commercial Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Mackenzie Village Shopping Center, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.

5.

19.

Resolution - Business Development: Consider a resolution authorizing a Commercial Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Those Iowa Girls Antiques, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.

5.

20.

Resolution - Risk Management: Consider a resolution authorizing the City Manager to purchase, for and on behalf of Lubbock Power and Light, the City's municipal electric utility, property insurance coverage to include terrorism, with the insurers as yet to be determined, for which the premium shall not exceed a rate of $0.1333 per $100.

5.

21.

Ordinance 1st Reading - Right-of-Way: Consider an ordinance abandoning and closing a portion of alley right-of-way located in Block 101, Original Town of Lubbock, Lubbock County, Texas, dedicated by map, plat and/or dedication deed recorded in Volume 5, Page 384 of the deed records of Lubbock County, Texas; and abandoning and closing three (3) overhead utility easements and three (3) underground utility easements also located in Block 101, Original Town of Lubbock, Lubbock County, Texas.

5.

22.

Resolution - Right-of-Way: Consider a resolution authorizing the Mayor to accept, for and on behalf of the City of Lubbock, a Street and Public Use Dedication Deed, and all related documents, from South Plains Electric Cooperative, in connection with certain real property located in Section 26, Block AK, Lubbock County, Texas, as described under County Clerk File No. 2016011116 of the Official Public Records of Lubbock County, Texas, to be utilized for street, curb, gutter, sidewalk, drainage right-of-way, public utilities, and other public purposes.

5.

23.

Resolution - Right-of-Way: Consider a resolution authorizing the Mayor to accept, for and on behalf of the City of Lubbock, a Street and Public Use Dedication Deed, and all related documents, from Double W Development, LLC, in connection with certain real property located in Section 26, Block AK, Lubbock County, Texas, to be utilized for the Upland Avenue Street Project.

5.

24.

Resolution - Engineering: Consider a resolution authorizing the Mayor to execute Change Order No. 1 to Contract 16917, by and between the City of Lubbock and Lone Star Dirt and Paving, Ltd., for Erskine Street Reconstruction Projects.

5.

25.

Resolution - Engineering: Consider a resolution authorizing the Mayor to execute Professional Services Agreement 17314, by and between the City of Lubbock and Freese and Nichols, Inc., for the Mackenzie Park Dam Evaluation and Restoration.

5.

26.

Resolution - Engineering: Consider a resolution receiving the Semi-Annual Report from the Capital Improvements Advisory Committee (CIAC), regarding the progress and implementation of the Impact Fee Program.

5.

27.

Ordinance 1st Reading - Water Utilities: Consider an ordinance amending Article 22.03 of the Code of Ordinances of the City of Lubbock, by adding Section 22.03.098, to provide a definition of governmental agencies and subdivisions.

5.

28.

Ordinance 1st Reading - Water Utilities: Consider an ordinance amending Article 22.03.091 of the Code of Ordinances of the City of Lubbock, by deleting Section 22.03.091(h), which removes a special wholesale water rate for the Lubbock Reese Redevelopment Authority.

5.

29.

Resolution - Public Works Streets: Consider a resolution authorizing the Mayor to execute Contract 17505, with West Texas Paving, for the repair of failed paved areas on 82nd Street between Slide Road and Milwaukee Avenue.

5.

30.

Resolution - Public Health Services: Consider a resolution authorizing the Mayor to execute Contract 17398, and all related documents, by and between the City of Lubbock and Initium Health, for a Community Health Assessment and Community Health Improvement Plan.

5.

31.

Resolution - Public Health Services: Consider a resolution ratifying the acts of the Mayor in executing Amendment No. 2, and all related documents, to the Health and Human Services Commission (HHSC) Contract No. HHS000780500002, under the Substance Use Prevention, Treatment and Recovery Services Block Grant Program, to provide funding for Community Health Workers (CHW), by and between the City of Lubbock, and the State of Texas' Health and Human Services Commission.

5.

32.

Resolution - Public Health Services: Consider a resolution ratifying the acts of the Mayor in executing Amendment No. 3, and all related documents, to the Health and Human Services Commission (HHSC) Contract No. HHS000779500003, under the Substance Use Prevention, Treatment and Recovery Services Block Grant Program, to provide Treatment for Youth (TRY) funding, by and between the City of Lubbock, and the State of Texas' Health and Human Services Commission.

5.

33.

Resolution - Public Health Services: Consider a resolution ratifying the acts of the Mayor in executing Amendment No, 3, and all related documents, to the Health and Human Services Commission Contract No. HHS000779500004, under the Substance Use Prevention, Treatment and Recovery Services Block Grant Program, to provide funding for Treatment for Females (TRF), by and between the City of Lubbock, and the State of Texas Health and Human Services Commission.

5.

34.

Resolution - Public Health Services: Consider a resolution ratifying the acts of the Mayor in executing Amendment No. 2, and all related documents, to the Health and Human Services Commission (HHSC) Contract No. HHS000779500006, under the Substance Use Prevention, Treatment and Recovery Services Block Grant Program, under the Co-occurring Psychiatric and Substance Use Disorders (COPSD), by and between the City of Lubbock, and the State of Texas' Health and Human Services Commission.

5.

35.

Resolution - Public Health Services: Consider a resolution ratifying the acts of the Mayor in executing Amendment No. 3, and all related documents, to the Health and Human Services Commission (HHSC) Contract No. HHS0007795500002, under the Substance Use Prevention, Treatment and Recovery Services Block Grant Program, to provide funding for Treatment of Adults (TRA), by and between the City of Lubbock, and the State of Texas' Health and Human Services Commission.

5.

36.

Resolution - Public Health Services: Consider a resolution ratifying the acts of the Mayor in executing Amendment No. 3, and all related documents, to the Health and Human Services Commission (HHSC) Contract No. HHS001081400001, under the Substance Abuse Prevention and Behavioral Health Promotion Grant Programs (SA/Prevention), to provide funding for the Substance Abuse Prevention Program, by and between the City of Lubbock, and the State of Texas' Health and Human Services Commission.

5.

37.

Resolution - Public Health Services: Consider a resolution ratifying the acts of the Mayor in executing Amendment No. 2, and all related documents, to the Health and Human Services Commission (HHSC) Contract No. HHS000779500001, under the Substance Use Prevention, Treatment and Recovery Services Block Grant Program, to provide funding for Administration Substance Use Disorder Services (ADMIN) grant, by and between the City of Lubbock, and the State of Texas' Health and Human Services Commission.

5.

38.

Resolution - Public Transit Services:Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Service Agreement dated March 9, 2021, by and between the City of Lubbock and SPARE Labs, Inc., to allow Citibus to use non-dedicated fleets or third party providers through a SPARE Open Fleets integration.

5.

39.

Resolution - Public Transit Services: Consider a resolution authorizing the Mayor to execute a Transit System Management Contract, and all related documents, by and between the City of Lubbock and RATP Dev USA, Inc., to manage and operate the public transportation system owned by the City of Lubbock.

5.

40.

Resolution - Public Transit Services: Consider a resolution authorizing the Mayor to execute FY 2024 Section 5307 Grant, TxDOT URB 2403 (05), Project ID 51309030524, with the Texas Department of Transportation for operating assistance for Citibus.

5.

41.

Resolution - Parks and Recreation: Consider a resolution authorizing the City Council to reject any and all bids received for the Citizen's Tower Landscape Maintenance Project.

5.

42.

Resolution - Information Technology: Consider a resolution authorizing the Mayor to execute Purchase Order 33100048, with Dell Marketing LP, for the purchase of Dell Power Scale Data Storage systems to replace existing data storage infrastructure and provide additional data storage capacity.

5.

43.

Resolution - Police: Consider a resolution authorizing the Mayor to execute an interlocal agreement with Lubbock County, Texas, allocating and transferring 50% of the City's Justice Assistance Grant (JAG) award under the FY2023 Edward Byrne Memorial Justice Grant Program, to Lubbock County, in order to fund the Lubbock County Joint Enforcement Initiative.

5.

44.

Resolution - Police: Consider a resolution authorizing the City Manager, to apply for and execute an agreement with the State of Texas, Rifle-Resistant Body Armor Grant Program, to fund rifle resistant body armor for the Lubbock Police Department.

5.

45.

Resolution - Lubbock Power & Light: Consider a resolution authorizing the Chief Administrative Officer, or his designee, to execute that certain Sixth Amendment to Professional Services Agreement (PSA) dated May 29, 2018, by and between the City of Lubbock, acting by and through LP&L, and TMG Utility Advisory Services, Inc. (TMG) for the Statement of Work (SOW) to identify and display initial analysis of production issues reported to TMG.

5.

46.

Resolution - Lubbock Power & Light: Consider a resolution adopting the Electric Rate/Tariff Schedule of Lubbock Power & Light, the City of Lubbock's municipally owned electric utility, applicable to all rate classes, effective October 1, 2023.

5.

47.

Ordinance 2nd Reading - Planning (District 2): Consider Ordinance No. 2023-O0105, for Zone Case 3486, a request of Core States Group for Ramona Prater and Estate of Charles Prater, for a zone change from Transition District (T) to Commercial District (C-4), at 11213 University Avenue, located north of 114th Street and east of University Avenue, on 2.852 acres of unplatted land out of Block E, Section 10.

5.

48.

Ordinance 2nd Reading - Planning (District 4): Consider Ordinance No. 2023-O0106, for Zone Case 3257-P, a request of Hugo Reed and Associates, Inc. for 1585 Development, LLC and Rocket Partners I, LLC, for a zone change from Single-Family District (R-1) Specific Use for Reduced Setbacks to Single-Family District (R-1) Specific Use for Townhouse/Garden Home, generally located west of Elgin Avenue and south of 137th Street, on 3 acres of unplatted land out of Block AK, Section 1.

6.

Regular Agenda

6.

1.

Resolution - Planning: Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the Municipal Services Agreement with the Lubbock Economic Development Alliance, Inc, for the requested annexation of an area of land generally described as 411 acres north of East 4th Street and east of East Loop 289, into Lubbock's corporate limits.

6.

2.

Public Hearing - Planning: Hold a public hearing and consider an ordinance for a request for annexation, from the Lubbock Economic Development Alliance, Inc., to annex an area of approximately 411 acres, adjacent to the eastern city limits of the City of Lubbock, north of East 4th Street and east of East Loop 289, into Lubbock's corporate limits.

6.

3.

Ordinance 2nd Reading - Finance: Consider Ordinance No. 2023-O0108, approving and adopting a budget for Fiscal Year 2023-24; approving summary of estimated and forecasted revenues, appropriations, and use of excess reserves for all funds of the city; providing for necessary transfers of funds between accounts and departments, if required; authorizing reduction of spending by City Manager if necessary; re-appropriation of balances which support authorized obligations or encumbrances; providing for filing of Adopted Budget; establishing civil service classifications and positions; appropriating funds for the Fiscal Year 2023-24 Operating Budget and Capital Program of the City of Lubbock; approving all permit, license, fees, and charges for service recommended to be adjusted; approving the pay plan and positions; approving personnel; amending section 4.02.041 of the Code of Ordinances amending animal service fees as contained therein; amending section 22.03.084 of the Code of Ordinances amending the water base charge as contained therein; amending section 22.03.085 of the Code of Ordinances amending the water volume rate as contained therein; amending section 22.03.095 of the Code of Ordinances by revising the water utility reconnect and disconnect fees as contained therein; amending section 22.04.133(A) of the Code of Ordinances of the City of Lubbock by revising the significant industrial user permit fee as contained therein; amending section 22.04.174 of the Code of Ordinances of the City of Lubbock by adding a weekend dumping fee as contained therein; amending section 22.06.051 of the Code of Ordinances of the City of Lubbock by revising the solid waste landfill service fees as contained therein; amending section 22.06.185(A) of the Code of Ordinances of the City of Lubbock by revising the solid waste collections service fees as contained therein; providing for the reconciliation of the transfer of funds from the General Fund to Enterprise Funds; accepting the budgets for Lubbock Economic Development Alliance, Market Lubbock, Inc., Civic Lubbock, Inc., and Vintage Township Public Facilities Corporation; finding that proper notice of meeting provided by law and ratifying such; providing a penalty; providing for publication; and providing for a savings clause.

6.

4.

Resolution - Finance: Consider a resolution ratifying the adoption of the FY 2023-24 Budget that raises more tax revenue than was generated the previous year.

6.

5.

Ordinance 2nd Reading - Finance: Consider Ordinance No. 2023-O0109, setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock for 2023; apportioning said levy among the various funds and items for which revenue must be raised; fixing the times in which said taxes shall be paid and assessing penalty and interest for nonpayment of such taxes within the time provided.

6.

6.

Resolution - Finance:Consider a resolution amending the allocation of the Hotel Occupancy Tax Revenues for FY 2023-24 and distributing receipts, net of collection expenses, as authorized in Subsection 18.03.001(b)(2) of the Code of Ordinances of the City of Lubbock.

6.

7.

Resolution - Finance: Consider a resolution authorizing the Mayor to execute an amendment to the Grant Management Agreement between the City of Lubbock and Market Lubbock, Inc., dated January 25, 1996, as adopted by Resolution No. 5089.

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