HomeMy WebLinkAboutMinutes - City Council - Regular - 8/25/1988531
REGULAR CITY COUNCIL MEETING
AUGUST 25, 1988
9:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 25th day of August, 1988 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T.
J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy,
Councilman George Carpenter, City Manager Larry J. Cunningham, City,,
Attorney John C. Ross, Jr., and City Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 9:00 a.m.
The Invocation was given by Jim Bertram,
Assistant City Manager, Development Services.
2•) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
3•) Motion was made by Councilman Patterson, seconded
by Councilman Phillips to approve the Minutes of
the August 11, 1988 City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
4•) Board Appointments
88-47B-531-518
( 5.) Penny Morin will appear on behalf of Fiestas net
September 15-17, 1988.
Mrs. Morin appeared on behalf of the Fiestas Del
Llano Celebration to request a Loudspeaker Permit
for September 15-17, 1988. The portion of the
activities to be held outside the Civic Center
necessitate the use of a loudspeaker. Some of
the activities scheduled include a parade, dance,
mariachi bands, and food booths.
Administrative requirements have been met, and
Staff recommended approval of this request.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to approve issuance of a
Loudspeaker Permit to Fiestas del Llano for
September 15-17, 1988. Motion carried: 7 Yeas;
0 Nays.
88-47B-531-519
6.) David Murrah, Chairman of the Libraries Board,
will appear to present the following requests•
A. Expand the Number of Members on the
Libraries Board:
David Murrah reported that members of the
Libraries Board expressed a desire to become more
involved in planning the direction, encouraging
August 25, 1988
Page No. 532
the promotion and development, and advising Staff
and the City Council on policies, needs and
development of the City of Lubbock Library. He
stated that their first task was to revise the
By-laws which serve as the operating procedures
of the Board. The By-laws, approved by the
Libraries Board on July 8, 1988, included
standing committees for long-range planning,
collection development, public services, and
policies and procedures.
During the revision process, the Board was
convinced that its number should be increased.
The Libraries Board, established by the City
Council in September, 1984, (Ordinance #8664)
specified the Libraries Board would have 5
members and that 3 members constituted a quorum.
The Board recommended Council approval for
membership to be expanded to 7 members, 6 of
which would be appointed by the City Council.
The 7th member would be the President of the
Friends of the Library who would serve on the
Libraries Board as a voting member for the length
of his/her term as President of the Friends. The
City Council would reserve the right to confirm
the appointment of the President of the Friends
to the Libraries Board at the time that person
assumed position of President. Ordinance #8664
would have to be amended in order to increase the
size of the Board.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to place an item on a future
agenda for considering an Ordinance to expand to
7 the number of members on the Libraries Board
and stipulating that one of the added positions
be.the President of the Friends of the Library.
Motion carried: 7 Yeas; 0 Nays.
B. Establish an Automated Library System Pro.iect
By staff memo Council was apprised that on July
2181988, the "Lubbock:2005" Review Committee
presented recommendation to City Council to
automate.the library, as follows:
Recommendation
"Implement the goal to encourage the utilization
of new technology of library programs as soon as
possible".
Implementation Strategy
1. Begin development of a Request For Proposals
(RFP) after the formation of a Library
.Automation Task Force in the fall of 1988.
T'he'RFP process is the beginning of
approximately a 3-year implementation
period.
2. If funding for the project is required from
multiple funding sources, then securing
those additional revenues would become part
of the implementation strategy.
Dr. Murrah stated that on August 9, 1988, the
Libraries Board reviewed this recommendation
and concluded that the request for an
Automated Library System was a higher
August 25, 1988
Page No. 533
priority and provides greater benefits to
current and potential library patrons than
the current Branch Library Project. The
Libraries Board recommended that the funds
previously committed to the Branch Library
Plan be committed instead to initiate an
Automated (computerized) Library System.
The Board recommended that the greater
current need is to provide services not
available with a manual system; to increase
utilization of current collection and
services; and to properly account for
existing library resources through an
integrated Automated Library System. The
Board's request was that the current balance
in the Branch Library Plan Capital Project be
committed as seed money or local matching
funds for an Automated System. (The original
funds accumulated in the Branch Library
Capital Project was $248,750, of which
$130,000 has been expended for acquisition of
the land at 19th Street and Chicago Avenue,
leaving a balance of $118,750.)
A fully integrated Automated Library System
will cost approximately $350,000 plus an
additional $50,000 to $75,000 for the start-
up and implementation cost. Should the
Branch Library funds be applied to the
estimated cost of the purchase of the basic
system, it would leave an unfunded portion of
approximately $231,000 which the Board,
Friends of the Library, and Staff would
attempt to fund through grants, donations,
etc.
Staff memo gave the following background on the
Branch Library Project and the benefits of the
automated system.
Background of the Branch Library Plan
Partial funding for the purchase of land and
construction of a Branch Library was accumulated
from Federal Revenue Sharing during FY's 1981-82,
1983-84, and 1984-85. Council intent at that
time was to set aside funding to implement the
Branch Library Plan to build three additional
branch libraries in Lubbock as the population
justified construction. This was supplemented
with additional funds, as available. The Bond
Election held October, 1987 included $1,270,000
for the construction of a 12,000 square foot
Branch Library and the purchase of 25,000 volumes
of books.
Benefits of an Automated System
An Integrated Library System generally includes a
computerized cataloging system, a circulation
system, a computerized (on-line) public access
catalog, as well as other features for purchasing
books and providing management information. The
two components that provide the greatest benefits
are the Circulation System and the On -Line Public
Access Catalog.
August 25, 1988
Page No. 534
Circulation
In addition to the basic function of recording
the books checked out and checked in, an Auto-
mated,Circulation System performs tasks which
cannot be done effectively with a manual system.
The Automated System blocks additional borrowing
by patrons who are delinquent because of fines
owed or books not returned; automatically calcu-
lates fines owed on overdue materials; posts
payments for fines or lost materials to patrons'
accounts; and automatically prints overdue
notices. The System could alert the Staff that a
returned book is reserved for another patron and
automatically print a notice to that patron on
the waiting list; allow renewal of books by phone
or at remote locations; allow the Librarian to
determine whether a book is on'the shelf, in
circulation, being repaired, etc., and to readily
provide that information to patrons.
On -Line Public Access Catalog
A computerized card catalog enables greater
utilization of an existing book collection
because of enhanced search capabilities. It
replaces the traditional card catalog with a suf-
ficient number of terminals and can, if included
in the initial design, allow patrons to access
the information in the catalog from remote
locations, i.e., schools, home, office, shopping
center, etc.
Search capabilities are greatly enhanced. The
traditional card catalogs are limited to the
alphabetical listing of author, title or subject
matter. In a computerized system, material can
be accessed by a call number, table of content
notes, or key words in a title; for example, a
patron can enter the title of a poem or short
story, and the System will identify the books
which contain that poem or short story. Other
conveniences associated with an on-line catalog
allow a patron to identify whether a book is cur-
rently available for check out. If the book is
checked out, it can tell the patron when the book
is scheduled to be returned, and allow the patron
to place the item on reserve. The catalog will
identify the location of additional copies in
other libraries within the Library System.
Management Information Reports:
Because the catalog circulation and patron sys-
tems are computerized, numerous analytical
reports and management information are available.
The system can identify the frequency of items
checked out and generate purchase alerts when a
predetermined number of reserves are on file for
a.particular title: This allows the Staff to
develop the collection according to local
community needs. It can track circulation
according to age, sex, and address of patrons to
assist in determining sites of branch libraries;
and it tracks activities according to time of day
which helps in determining staffing patterns and
services.
August 25, 1988
Page No. 535
The Lubbock Libraries Board recommended that
funds previously committed for a Branch Library
Plan, instead be committed to the development of
an Automated Library System. These funds would
be used as seed money and through the efforts of
the staff, the Libraries Board and Friends of the
Library, grants, foundation and volunteer support
would be aggressively pursued for the additional
funds and resources needed. A Request for
Proposals would be developed to solicit prices
and initiate the Project to the extent funds are
available.
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to rededicate $118,750 to
establish an Automated Library System as
recommended by the Library Board and City Staff.
Motion carried: 7 Yeas; 0 Nays.
Mayor Pro Tem Baker stated for the record that
Council action in no way lessens their commitment
to pursue a Branch Library System for Lubbock.
88-47B-535-520
( 7.) Representatives of the Lubbock Emergency
Communication District will appear to present
Resolution #2897 accepting FY 1988-89 Operating
Budget.
RESOLUTION #2897
WHEREAS, in accordance with Vernon's Texas Civil Statue 1432e
the voters within Lubbock County have approved the creation of the
county -wide Lubbock Emergency Communication District in an election
for such purpose April 5, 1986; and
WHEREAS, the Board of Managers of the Lubbock Emergency
Communication District have voted for approval and recommend the
approval of all other jurisdictions of the Lubbock Emergency
Communication District's Budget for Fiscal Year 1988/89 in the amount
of $203,769.00 operating budget, $630,000.00 non -recurring charges,
and $235,800.00 recurring charges, and set the service fee rate at
4.5% of the base rate as defined by Section 11(b), beginning January
1989. The above service fee shall remain at 3% for October through
December 1988; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock's City Council hereby approves the
Lubbock Emergency Communication District's Budget for Fiscal Year
1988/89 in the amount of $203,769.00 operating budget, $630,000.00
non -recurring charges, and $235,800.00 recurring charges, and to set
the service fee rate at 4.5% of the base rate as defined by Section
11(b), beginning January 1989. The above service fee shall remain at
3% for October through December 1988.
August 25, 1988
Page No. 536
Passed by the City Council this 25th day of August, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City.Secretary
APPROVED AS TO CONTENT:
/s/ Bill Payne
Bill Payne
Director of Budget and Research
88-47B-536-521
/sl B. C. McMinn
B. C. MCMINN, MAYOR
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City
Attorney
Bill Payne, Chairman of the Board of Managers for
Lubbock Emergency Communication District,
presented the 1988-89 Budget. The enabling
legislation of the Lubbock Emergency
Communication District requires the District to
submit its operating budget to the City Council
for acceptance. Staff recommended that this
budget be approved as submitted.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to authorize Resolution
#2897 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
( 8.) ORDINANCE #9219--Authorizing the removal of the
traffic signal at the intersection of 22nd Street
and Avenue 0.
ORDINANCE #9219
AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC
SIGNAL AT 22ND STREET AND AVENUE Q AND AUTHORIZING THE REMOVAL OF
SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on second and
.final reading Ordinance #9219 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
88-47B-536-522
9.) ORDINANCE #9220--Authorizing the removal of the
traffic signal at the intersection of 26th Street
and Boston Avenue.
ORDINANCE #9220
AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC
SIGNAL AT 26TH STREET AND BOSTON AVENUE AND AUTHORIZING THE REMOVAL
OF SAID TRAFFIC SIGNAL.AS AN OPERATIVE TRAFFIC SIGNAL.
Motion was made by Councilman Patterson, seconded
by.Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9220 as recommended by
Staff: Motion carried: 7 Yeas; 0 Nays.
August 25, 1988
Page No. 537
88-47B-537-523
(10.) ORDINANCE #9221--Adopting the proposed 1988-89
Budget.
ORDINANCE #9221
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR
1988-89; APPROVING REVISED BUDGET FIGURES FOR THE FISCAL YEAR 1988-
89; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND
DEPARTMENTS, IF REQUIRED; AND APPROPRIATING FUNDS FOR THE 1988-89
FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9221. Motion carried:
7 Yeas; 0 Nays.
88-47B-537-524
(12.) Zone Case #2618 (3601 23rd Street) --Hold a Public
Hearing on appeal of Terry Echols (.for Kathleen
Sears, M.D.) for zoning change from R-1 to AM on
Lot 1 Block 1 Rockhaven Addition
Mayor McMinn read a letter from proponent
requesting to withdraw this case.
Mr. Hugh Anderson stated his opposition to this
request and asked Council to officially act to
deny the appeal. He stated for the record his
opinion that the only action Council is
authorized to take is to sustain or deny actions
of P & Z.
City Attorney John Ross ruled that the question
of action of P & Z is moot, unless Council
ratifies such action. Mr. Ross went on to advise
that if the case is withdrawn, the present zoning
stands.
Councilman Carpenter made the point that if the
case is withdrawn, proponents can bring it back
sooner than if Council denies it.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to accept withdrawal of
Zone Case #2618. Motion carried: 7 Yeas; 0 Nays.
88-47B-537-525
(11.) ORDINANCE #9222--Zone Case #2620 (located south
of Southeast Drive and east of Peach Avenue) --
Industrial Addition.
ORDINANCE #9222
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2620; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE
PERMIT FOR JUNK YARDS, SALVAGE YARDS OR AUTOMOBILE WRECKING YARDS ON
A PORTION OF LOT 1, LOOP INDUSTRIAL ADDITION, LUBBOCK, TEXAS; SUBJECT
TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Don Graf, Attorney representing proponent,
presented request for zone change. Mr. Graf
noted that the proposed salvage yard is the same
August 25, 1988
Page No. 538
business that was approved in a Specific Use
Permit severalmonths ago at Loop 289 and
Southeast Drive and advised that this is a better
location fora salvage yard in public and private
terms.
Assistant City Manager Jim Bertram gave the
adjacent land use' -.relationships as follows:
North Manufacturing
South - Farm property
East - Manufacturing and feed lot
West - Farm property
Mr. Bertram stated the request is compatible with
Industrial Zoning as indicated on the
Comprehensive Land Use Plan. The conditions of
the parcel at Loop 289 and Southeast Drive are as
follows:
1.
That
any signage must meet City
Ordinance requirements.
2.
That
plant materials other than turf
must
be installed on Southeast Drive.
3.
That
a maximum of one crane over 10' in
height is permitted on the lot.
4.
That
no stacking of materials shall be
allowed above the 8' fence level.
5.
That
no car or truck parts or bodies
shall
be handled as scrap materials at
this
location.
6. That the fence and building shall be of
new construction and materials.
According to Mr. Bertram, items 1 and 2 were not
necessary at this location since the parcel does
not have frontage on a major thoroughfare or
expressway. The proponent requested that a
maximum of three larger cranes be allowed because
the tract is larger and would necessitate more
cranes and also requested removing the
prohibition of car and truck parts or bodies.
The bulk of scrap that the business buys is
structural steel, but the proponent feels the
non -thoroughfare location would enable them to
handle the additional auto/truck scrap with no
detriment to the public.
The Proponent had no difficulty continuing
conditions 4 (no stacking of materials above the
8' fence height) and 6 (that the fence and new
buildings be of new construction and materials).
Staff requested the Planning & Zoning Commission
consider a condition about requiring car and
truck bodies/parts to be packaged and shipped
within 30 days of arrival at the site, knowing
that enforcing such a condition would be
difficult. The Planning & Zoning Commission
suggested this regulation not be added to
restrict business operation, stating that the 8'
stack height should suffice.
With -access off Peach.Avenue, the proposed
activity should have a minimal effect on traffic
in the vicinity. Several citizens at the
August 25, 1988
Page No. 539
Planning & Zoning meeting requested information
about odor and rodent control as well as an
expression for keeping the 7' stack as a
condition and the proponent seemed to satisfy the
concerns of those present. The Planning & Zoning
Commission recommended the request to the City
Council tied to the Site Plan with three
conditions:
1. No stack material allowed above the 8'
fence;
2. A maximum of three cranes over 10' in
height are permitted on the lot;
3. The 81 fence and new buildings shall be
of new construction and materials.
Mr. Graf read letters of commendation from the
cities of Levelland, Texas, and Hobbs, New
Mexico, where proponents operate this same
business.
Staff recommended that the Council uphold the
Planning & Zoning Commission recommendation.
Councilman Carpenter and Councilman Patterson
commended clean-up efforts of Proponent.
Kate Parks appeared to speak in opposition to the
request.
Mayor McMinn closed the Public Hearing at 9:51
a.m.
Councilman Carpenter requested that before second
reading of this Ordinance, that proponent work
with City Staff to include wording in the
Ordinance to state that, should the business
change or cease to operate as presented to
Council, that it not be just left to become an
eyesore. Mr. Graf agreed to work with Staff on
this Ordinance change before second reading.
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to pass on first reading
Ordinance #9222 as recommended by the Planning &
Zoning Commission and Staff, and stipulating that
at second reading the Ordinance contain a 4th
condition which would ensure that the property
not become an eyesore if the business changes or
ceases. Motion carried: 7 Yeas; 0 Nays.
ENE[
(13.) Consider Resolution #2898 authorizing the Mayor
to execute a Street Use License for an
Underground Mechanical Room to Broadway Church of
Christ.
RESOLUTION #2898
RESOLUTION
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 Street Use License Agreement with Broadway Church of
Christ, attached herewith, which shall be spread upon the minutes of
August 25, 1988
Page No. 540
the Council and as
s spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail
Passed by the City Council this 25th day of August, 1988.
ATTEST:
Zs/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Ed Bucy
Ed Bucy, Right -of -Way Agent
THE STATE OF TEXAS
*Il[ �0,5
Zs/ B. C. McMinn
B. C. McMINN, MAYOR
Zsl Harold Willard
Harold Willard, Assistant
City Attorney
STREET USE LICENSE
This indenture made this 25th day of August, 1988, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home
Rule Municipal Corporation, and BROADWAY CHURCH OF CHRIST, of Lubbock
County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the
CITY OF LUBBOCK does hereby grant to the LICENSEE, the right,
privilege and license to use a portion of dedicated street, to -wit:
A portion of Main Street adjacent to Tract "A", Block 26, a
replat of Block 26, Overton Addition to the City of Lubbock,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the North line of said Tract "A", Block
26, and the South line of Main Street, which bears West a
distance of 353.86 feet from the original Northeast corner of
Block 26, Overton Addition to the City of Lubbock, Lubbock
County, Texas;
THENCE North a distance of 14.20 feet;
THENCE East a distance of 71.00 feet;
THENCE South a distance of 14.20 feet to a point which lies in
the North line of said Tract "A", Block 26, and the South line
of Main Street;
THENCE West, along the North line of said Tract "A", Block 26,
and the South line of Main Street, a distance of 71.00 feet to
the POINT OF BEGINNING.
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five (5)
year terms not to exceed twenty (20) years in any event unless either
party shall give written notice of termination to the other party
sixty (60) days before the expiration of the first, second or third
five (5) year term, as the case may be, and the CITY OF LUBBOCK
retains the right at its election to cancel and revoke this license
August 25, 1988
Page No. 541
with or without cause upon thirty (30) days notice to LICENSEE. Said
notice shall be deemed properly served if deposited in the post
office, postage paid, addressed to LICENSEE at 1924 Broadway,
Lubbock, Texas 79401, or the last known address of LICENSEE.
Upon, the expiration or cancellation and revocation of this
license by the CITY OF LUBBOCK, or the abandonment of the license by
the LICENSEE, the improvements that are permitted under this license
shall be removed by the LICENSEE and the property shall be restored
to its original condition at no cost or expense to the CITY OF
LUBBOCK. In the event LICENSEE fails or refuses to remove such
improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK
shall take possession and remove or cause to be removed such
improvements, and the expense incurred shall be assessed against
LICENSEE, for which LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00)
DOLLARS cash in advance contemporaneously with the acceptance and
execution hereof by LICENSEE for the first five (5) year term of this
license, and thereafter such rate of compensation may be changed for
each succeeding five (5) year term by the CITY OF LUBBOCK to a rate
of compensation which is based on procedures and policies as
established by the City Council of the CITY OF LUBBOCK based on an
appraisal of the fair market value of such land by the Right -of -Way
Department of the CITY OF LUBBOCK as applied to the formula for
determining such rate established by the City Council. If such rate
is not changed by the CITY OF LUBBOCK, the rate for the preceding
five (5) year term shall apply. The CITY OF LUBBOCK shall notify the
LICENSEE of any change in rates in writing at least ninety (90) days
before the start of the five (5) year term to which such change in
rate shall apply, and if such notification be not timely made, then
the rate for the preceding five (5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted, including but not limited to
the replacement and repairing of paving, sidewalks and utilities of
any nature occasioned by the construction as authorized by the
license.
3. In the event the CITY OF LUBBOCK determines that the
existence of such use .interferes with or causes the rerouting or
realignment of any public utility, franchised utility or sanitary or
storm sewer line constructed or to be constructed by the CITY OF
LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY
OF LUBBOCK or such utility, as the case may be, for its expense in
relocating or rerouting over and above the expense which would have
been incurred except for LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY
OF LUBBOCK.
5. This license is made subject to the condition that should
the LICENSEE exercise any right under the license herein granted and
prepare or begin or complete any part of the construction as herein
contemplated across any or all of the above described property, then
and in that event said LICENSEE, its successors and assigns, will at
all times defend, indemnify and otherwise hold the CITY OF LUBBOCK,
its agents, servants and employees harmless from any and all claims,
demands, actions, causes of action, suits at law or in equity of
whatsoever kind or nature which may grow out of or be related to the
making of this license or the construction or maintenance and use
permitted herein. The CITY OF LUBBOCK, at its option, may require an
agreement with any contractors hired by LICENSEE to perform the
construction, repair or maintenance permitted herein, which agreement
will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the
work to be done by such contractors. The CITY OF LUBBOCK may further
require any of said contractors, when engaged in the construction,
August 25, 1988
Page No. 542 .
repair or maintenance permitted herein, to furnish, without expense
to the CITY OF LUBBOCK,*a reliable surety bond, in an amount and in
form satisfactory to th e said CITYOFLUBBOCK, guaranteeing the
faithful performance of all the terms, covenants and conditions
contained in said agreement, and a certified copy of a policy of
public liability insurance assumed by said contractors in said
agreement with the CITY OF LUBBOCK., The CITY OF LUBBOCK agrees to
give notice to LICENSEE prior to.incurring any costs or expenses or
the payment of any such claims or demands in order to give LICENSEE
reasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance, within limits
specified by, and in a form satisfactory to the City Attorney for the
CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured,
said policy covering the uses herein granted.
7. All of the covenants and provisions of this license shall
be binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and
contractors of the parties hereto to the same extent and effect as
the same are binding upon and inure to the benefit of the parties
hereto, but no assignment hereof by the LICENSEE, its successors or
assigns, shall be binding upon the CITY OF LUBBOCK without the
consent of the CITY OF LUBBOCK in each instance, except as specified
in numbered paragraph four (4).
8. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of
possession are intended or implied except those expressly set forth
herein, and LICENSEE waives any and all claims in and to the public
way it is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon termination or
cancellation of this license.
CITY OF LUBBOCK
BY: /s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
AGREED TO AND ACCEPTED this 25th day of August, 1988.
F.11 a a '101TJ 4 liffil"M 1#X11#1
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
THE STATE OF TEXAS
WIMMKITAKUTI-TIMN
BROADWAY CHURCH OF CHRIST
BY: /s/ J. B. Potts
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared B. C. McMINN,
MAYOR, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
August 25, 1988
Page No. 543
as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the
purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of August,
am
/s/ Olivia R..Solis
Notary Public, Lubbock County,
Texas
11910MIF.1109110-4*1 MTN
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared J. B. Potts,
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
for the purposes and consideration therein expressed and as the act
and deed of the said BROADWAY CHURCH OF CHRIST.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31st day of August,
1988.
/s/ Anita Wines
Notary Public, Lubbock County,
Texas
This Street Use License is for an Underground
Mechanical Room to be constructed in the south
parkway area of Main Street between Avenues S and
T, to increase the size of the basement area at
the Broadway Church for relocation of their
boilers and chillers. The area to be used in the
street right-of-way is 14.2' north to south and
71.0' east to west, or 1,008.20 square feet.
Underground Parking will be allowed over the
mechanical room. The license will be for 20
years, payable in advance every five years. The
$150 application fee has been paid and the
proponent will be charged $50 per year for this
license.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to authorize Resolution #2898
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
88-47B-543-527
(14.) Consider Resolution #2899 authorizing the Mayor
RESOLUTION #2899
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 Street Use License in favor of Weingarten Realty,
Investors, attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
August 25, 1988
Page No. 544
Passed by the City Council this 25th day of August, 1988.
ATTEST:
IsZ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right of Way Agent
THE STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
STREET USE LICENSE
This indenture made this 25th day of August, 1988, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home
Rule Municipal Corporation, and WEINGARTEN REALTY INVESTORS of Harris
County, Texas, hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the
CITY OF LUBBOCK does hereby grant to the LICENSEE, the right,
privilege and license to use a portion of dedicated streets, to -wit:
TRACT I
A portion of 52nd Street adjacent to Tract "A", Caprock
Addition to the City of Lubbock, Lubbock County, Texas, being
further described as follows:
BEGINNING at a point which bears S. 87*21'41" E. a distance of
26.20 feet from the point of tangent intersection of a 15.71
foot radius curve at the Southwest corner of said Tract "A",
Caprock Addition;
THENCE S. 87021'41" E. a distance of 242.20 feet;
THENCE S. 02*38'19" W. distance of 2.27 feet;
THENCE S. 89059'14" W. a distance of 209.33 feet to a point of
curvature;
THENCE Northwesterly around a curve to the right, said curve
having a radius of 45.95 feet, a central angle of 45*00'46",
tangent lengths of 19.04 feet, and a chord distance of 35.18
feet to the POINT OF BEGINNING.
TRACT 2
A portion of 52nd Street adjacent to Tract "A", Caprock
Addition to the City of Lubbock, Lubbock County, Texas, being
further described as follows:
BEGINNING at a point which bears S. 87*21'41" E. a distance of
312.60 feet from the point of tangent intersection of a 15.71
foot radius curve at the Southwest corner of said Tract "A",
Caprock Addition;
August 25, 1988
Page No. 545
THENCE S. 87°21'41" E. a distance of 144.20 feet;
THENCE S. 02°38'19" W. a distance of 0.50 feet;
THENCE N. 87021141 W. a distance of 33.30 feet;
THENCE S. 02038'19" W. a distance of 1.10 feet;
THENCE N. 87°21'41" W. a distance of 83.10 feet;
THENCE S. 02038'19" W. a distance of 6.70 feet;
THENCE N. 87021'41" W. a distance of 27.80 feet;
THENCE N. 02038'19" a distance of 8.30 feet to the POINT OF
BEGINNING.
TRACT 3
A portion of 52nd Street adjacent to Tract "A", Caprock
Addition to the City of Lubbock, Lubbock County, Texas, being
further described as follows:
BEGINNING at a point which bears N. 87021141" W. a distance of
204.30 feet from the point of tangent intersection of a 18.01
foot radius curve at the Southeast corner of said Tract "A",
Caprock Addition;
THENCE S. 87021141" E. a distance of 179.30 feet to a point of
curvature;
THENCE Northeasterly around a curve to the left, said curve
having a radius of 18.01 feet, a central angle of 60037'34",
tangent lengths of 10.53 feet, and a chord distance of 18.18
feet;
THENCE S. 45° E. a distance of 7.78 feet;
THENCE S. 450 W. a distance of 6.00 feet;
THENCE N. 87021141" W. a distance of 196.70 feet;
THENCE N. 02038'19" E. a distance of 0.50 feet to the POINT OF
BEGINNING.
TRACT 4
A portion of Canton Avenue adjacent to Tract "B", Caprock
Addition to the City of Lubbock, Lubbock County, Texas, being
further described as follows:
BEGINNING at a point which bears N. 15048154" W. a distance of
364.30 feet from the point of tangent intersection of a 19.84
foot radius curve at the Southwest corner of said Tract "B",
Caprock Addition;
THENCE S. 15048'54" E. a distance of 56.64 feet;
r_
THENCE West a distance of 6.90 feet;
THENCE North a distance of 18.85 feet;
THENCE N. 17°04'35" W. a distance of 29.06 feet;
THENCE North a distance of 7.87 feet to the POINT OF BEGINNING.
The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five (5)
year terms not to exceed twenty (20) years in any event unless either
party shall give written notice of termination to the other party
August 25, 1988
Page No. 546
sixty (60) days before the expiration of the first, second or third
five (5) year term, as the case may be, and the CITY OF LUBBOCK
retains the right at its election to cancel and revoke this license
with or without cause upon thirty (30) days notice to LICENSEE. Said
notice shall be deemed properly served if deposited in the post
office, postage prepaid, addressed to LICENSEE at 2600 Citadel Plaza
Drive #300, Houston, Texas, 77008, or the last known address of
LICENSEE.
Upon the expiration or cancellation and revocation of this
license by the CITY OF LUBBOCK, or the abandonment of the license by
the LICENSEE, the improvements that are permitted under this license
shall be removed by the LICENSEE and the property shall be restored
to its original condition at no cost or expense to the CITY OF
LUBBOCK. In the event LICENSEE fails or refuses to remove such
improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK
shall take possession and remove or cause to be removed such
improvements, and the expense incurred shall be assessed against
LICENSEE, for which LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of TWO THOUSAND FOUR HUNDRED SIXTY AND NO/100
DOLLARS (2,460.00) cash in advance contemporaneously with the
acceptance and execution hereof by LICENSEE for the first five (5)
year term of this license, and thereafter such rate of compensation
may be changed for each succeeding five (5) year term by the CITY OF
LUBBOCK to a rate of compensation which is based on procedures and
policies as established by the City Council of the CITY OF LUBBOCK
based on an appraisal of the fair market value of such land by the
Right -of -Way Department of the CITY OF LUBBOCK as applied to the
formula for determining such rate established by the City Council.
If such rate is not changed by the CITY OF LUBBOCK, the rate for the
preceding five (5) year term shall apply. The CITY OF LUBBOCK shall
notify the LICENSEE of any change in rates in writing at least ninety
(90) days before the start of the five (5) year term to which such
change in rate shall apply, and if such notification be not timely
made, then the rate for the preceding five (5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted, including but not limited to
the replacement and repairing of paving, sidewalks and utilities of
any nature occasioned by the construction as authorized by the
license.
3. In the event the CITY OF LUBBOCK determines that the
existence of such use interferes with or causes the rerouting or
realignment of any public utility, franchised utility or sanitary or
storm sewer line constructed or to be constructed by the CITY OF
LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY
OF LUBBOCK or such utility, as the case may be, for its expense in
relocating or rerouting over and above the expense which would have
been incurred except for LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY
OF LUBBOCK.
5. This license is made subject to the condition that should
the LICENSEE exercise any right under the license herein granted and
prepare or begin or complete any part of the construction as herein_._
contemplated across any or all of the above described property, then
and in that event said LICENSEE, its successors and assigns, will at
all times defend, indemnify and otherwise hold the CITY OF LUBBOCK,
its agents, servants and employees harmless from any and all claims,
demands, actions, causes of action, suits at law or in equity of
whatsoever kind or nature which may grow out of.or be related to the
making of this license or the construction or maintenance and use
permitted herein. The CITY OF LUBBOCK, at its option, may require an
agreement with any contractors hired by LICENSEE to perform the
construction, repair or maintenance permitted herein, which agreement
August 25, 1988
Page No. 547
will indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing out of the performance of the
work to be done by such contractors. The CITY OF LUBBOCK may further
require any of said contractors, when engaged in the construction,
repair or maintenance permitted herein, to furnish, without expense
to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a
form satisfactory to the said CITY OF LUBBOCK, guaranteeing the
faithful performance of all the terms, covenants and conditions
contained in said agreement, and a certified copy of a policy of
public liability insurance assumed by said contractors in said
agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to
give notice to LICENSEE prior to incurring any costs or expenses or
the payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
6. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance, within limits
specified by, and in a form satisfactory to the City Attorney for the
CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured,
said policy covering the uses herein granted.
7. All of the covenants and provisions of this license shall
be binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and
contractors of the parties hereto to the same extent and effect as
the same are binding upon and inure to the benefit of the parties
hereto, but no assignment hereof by the LICENSEE, its successors or
assigns, shall be binding upon the CITY OF LUBBOCK without the
consent of the CITY OF LUBBOCK in each instance, except as specified
in numbered paragraph four (4).
8. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of
possession are intended or implied except those expressly set forth
herein, and LICENSEE waives any and all claims in and to the public
way it is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon termination or
cancellation of this license.
BY: /s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
AGREED TO AND ACCEPTED this 25th day of August, 1988.
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
LICENSEE: WEINGARTEN REALTY
INVESTORS
BY: /s/ Bill Robertson, Jr.
Bill Robertson, Jr.
Senior Vice President and
Trust Manager
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
August 25, 1988
Page No. 548
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the. undersigned authority, a Notary Public in and
for said County,,Texas',,on this day personally appeared B. C. McMINN,
MAYOR, known to -me to be the person -whose name is subscribed to the
foregoing instrument and 'acknowledged -to me that he executed the same
as the act.and deed of the CITY"OF LUBBOCK and as MAYOR, for the
purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of August,
HM
/s/ Olivia R. Solis
Notary Public, Lubbock County,
Texas
THE STATE OF TEXAS
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared Bill
Robertson, Jr., known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed and as
the act and deed of the said WEINGARTEN REALTY INVESTORS.
1 •::
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of August,
IsZ Denise M. Smithson
Notary Public, Harris County,
Texas
It was consensus of City Council to allow
Councilman Maloy to abstain from discussion and
voting on this item due to conflict of interest.
In a recent survey of Caprock Shopping Center
(52nd Street and Elgin Avenue), encroachments
into the right-of-way were found along the north
side of 52nd Street just east of Elgin Avenue as
follows: 1,767.7 square feet of parking area,
380.4 square feet of concrete pad and chain link
fence, and 170.7 square feet of concrete and
asphalt right-of-way; along the east side of
Canton Avenue between 50th Street and 52nd Street
as follows: 141.1 square feet of building and
awning. The total of all encroachments amount to
2,459.90 square feet.
To satisfy this encroachment problem, the
grantees, Weingarten Realty Investors of Houston,
have agreed to the issuance of a Street Use
License. Commercial property along 52nd Street
and Canton Avenue is valued at an average of $2
per square foot by the Lubbock Central Appraisal
District. The Street -Use Licensees are charged
10% of the fair market value per year, or $2.00 X
2,459.90 square feet = $4,919.80 X 10% = $491.98
or $492 per year. This license is for 20 years,
payable in advance every five years and the $150
application fee has been paid.
August 25, 1988
Page No. 549
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2899 as recommended by Staff. Motion carried:
6 Yeas; 0 Nays; Councilman Maloy abstaining.
88-478-549-528
(15.) Consider Ordinance #9223 establishing a speed
limit of 50 MPH on 19th Street (S.H. 114) from
Iola Avenue to Milwaukee Avenue.
ORDINANCE #9223
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF 19TH STREET (S.H. 114) FROM IOLA AVENUE TO MILWAUKEE
AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO;
REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT;
APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED
HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
88-47B-549-529
(16.)
The existing speed limit in this area is 55 MPH;
however, a Speed Study conducted by the State
Department of Highways and Public Transportation
indicates that a speed limit of 50 MPH is
necessary. The speed limit east of Iola Avenue
will remain 45 MPH, and the speed limit west of
Milwaukee Avenue will remain 55 MPH.
Staff recommended approval.
Motion was made by Councilman Maloy, seconded by
Councilwoman Trejo to pass on first reading
Ordinance #9223 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
Consider Resolution #2900 authorizing the Mayor
to sign an Amendment to a Contract with the State
RESOLUTION #2900
THAT the MAYOR of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an Amendment to a Financial Assistance Contract with the
State of Texas extending such Contract from February 4, 1988 to
August 31, 1989 on Project No. TX-90-X095 and State Contract No.
508XXF6006, attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
August 25, 1988
Page No. 550
Passed by the City Council. this 25th day of August, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
RECIPIENT: CITY OF LUBBOCK
PROJECT NO.: TX-90-XO95
STATE CONTRACT NO.: 508XXF6006
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
FIRST CONTRACT AMENDMENT
This Amendment is made between the State of Texas, acting through the
State Department of Highways and Public Transportation, 11th and
Brazos, Austin, Texas 78701 hereinafter called the State, and the
City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457, hereinafter
called the Recipient.
The State and the Recipient entered into a Public Transportation
Contract on February 4, 1988 wherein the State agreed to provide
financial assistance to the Recipient in the amount of Fifteen
Thousand Three Hundred Fifty -Nine Dollars ($15,359.00) for the
purchase, construction and/or installation of (1) two lift equipped
vans, (2) two support vehicles, (3) shop equipment, and (4) bus
shelters and pullouts.
Article 1, Contract Period, established that the project would be
completed on or before August 31, 1988.
It is the desire of the State and the Recipient to continue the
State's financial obligation through to August 31, 1989.
NOW THEREFORE, in consideration of the premises, Article 1, Contract
Period of the Contract, is amended as follows:
Article 1. Contract Period
This contract amendment will become effective when fully
executed by both parties, and as hereby amended, the contract
will be completed on or before August 31, 1989 unless modified
as provided in the contract. Work performed or expenses
incurred prior to the execution date of the contract will not
be eligible for reimbursement.
All other terms of the Contract remain unchanged and in full force
and effect.
August 25, 1988
Page No. 551
IN TESTIMONY WHEREOF, the State and the Recipient have executed
duplicate counterparts of this contract.
By: /s/ B. C. McMinn
B. C. MCMINN, MAYOR
Date: August 25, 1988
ATTEST:
/s/ Ranette Bow
Ranette Boyd, City Secretary
Resolution/Ordinance No.
Resolution #2900
I.1 1J.110IT101 F: o ►1fi►tm
THE STATE OF TEXAS
Certified as being executed
for the purpose and effect
of activating and/or carrying
out the orders, established
policies, or work programs
heretofore approved and
authorized by the State Highway
and Public Transportation Commis-
sion under the authority of
Minute Order 82513.
By: /s/ Alvin R. Luedecke, Jr.
Alvin R. Luedecke, Jr.
State Transportation
Planning Engineer
Date: August 31, 1988
Recommended for Execution:
/s/ Gary Bernethy
DISTRICT ENGINEER, DISTRICT 5
I.122 ii1V911VIN(00] 1� I
/s/ Larry V. Hoffman /s/ J. Worth Fullinaim
Larry Hoffman, Director of J. Worth Fullingim, Assistant
Transportation, City of Lubbock City Attorney, City of Lubbock
Attachment A Project Budget --First Contract Amendment filed with
Resolution #2900.
The City of Lubbock and State of Texas have
previously signed a Contract (which expires
August 31, 1988) to provide funding for this
Capital Grant. This Amendment extends the
Contract period for a period of 12 months and
allows the City to purchase the remaining items
on the Capital Grant, with the State contributing
65% of the 20% local share, or 13% of the total
cost. This Amendment will reduce the City's
share of the remaining items by approximately
$650, and Texas Tech University's share of bus
pullouts by approximately $8,560.
Staff recommended approval of the Contract
Amendment. Motion was made by Councilman
Carpenter, seconded by Councilman Patterson to
authorize Resolution #2900 as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
88-47B-551-530
(17.) Consider Resolution #2901 authorizing the Mayor
TX-90-0069 until August 31, 1989.
August 25, 1988
Page No. 552
RESOLUTION #2901
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an Amendment to a Financial Assistance Contract with the
State of Texas extending such Contract from August 31, 1987 to August
31, 1989 on Project No. TX-90-0069 and State Contract No. 507XXF6005,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 25th day of August, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
RECIPIENT: CITY OF LUBBOCK
PROJECT NO.: TX-90-0069
STATE CONTRACT NO.: 507XXF6005
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
0:0111 � I 1X1111 ► I I 1111?.191W19
This Amendment is made between the State of Texas, acting through the
State Department of Highways and Public Transportation, 11th and
Brazos, Austin, Texas 78701 hereinafter called the State, and the
City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457, hereinafter
called the Recipient.
The State and the Recipient entered into a Public Transportation
Contract on March 19, 1987, and amended August 31, 1987 wherein the
State agreed to provide financial assistance to the Recipient in the
amount of Twelve Thousand Three Hundred Eighty-three Dollars
($12,383.00) for the purchase, construction and/or installation of
(1) one supervisory automobile, (2) one maintenance truck, (3) one
spare bus engine and transmission, (4) support and maintenance
equipment (pressure washer, radar gun, tools, equipment, and bus
route signs), (5) administrative cost, and (6) contingency.
Article 2, Contract Period, established that the project would be
completed on or before August 31, 1988.
It is the desire of the State and the Recipient to continue the
State's financial obligation through to August 31, 1989.
NOW THEREFORE, in consideration of the premises, Article 2, Contract
Period of the Contract, is amended as follows:
Article 1. Contract Period
This contract amendment will become effective when fully
executed by both parties, and as hereby amended, the contract
will be completed on or before August 31, 1989 unless modified
as provided in the contract. Work performed or expenses
incurred prior to the execution date of the contract will not
be eligible for reimbursement.
August 25, 1988
Page No. 553
All other terms of the Contract remain unchanged and infull force and
effect.
IN TESTIMONY WHEREOF, the State and the Recipient have executed
duplicate counterparts of this contract.
CITY OF LUBBOCK
By: /s/ B. C. McMinn
B. C. MCMINN, MAYOR
Date: August 25, 1988
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
Resolution/Ordinance No.
Resolution #2901
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry Hoffman, Director of
Transportation, City of Lubbock
THE STATE OF TEXAS
Certified as being executed
for the purpose and effect
of activating and/or carrying
out the orders, established
policies, or work programs
heretofore approved and
authorized by the State Highway
and Public Transportation Commis-
sion under the authority of
Minute Order 82513.
By: /s/ Alvin R. Luedecke, Jr.
Alvin R. Luedecke, Jr.
State Transportation
Planning Engineer
Date: August 31, 1988
Recommended for Execution:
/s/ Gary Bernethy
DISTRICT ENGINEER, DISTRICT 5
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney, City of Lubbock
The City of Lubbock and State of Texas have
previously signed a Contract (which expires
August 31, 1988) to provide funding for this
Capital Grant. This Amendment extends the
Contract period for twelve months, to allow the
City to purchase the remaining items on the Capi-
tal Grant, with the State contributing 65% of the
20% local share, or 13% of the total cost. This
Amendment will reduce the City's share of the
remaining items by approximately $2,002, for a
pick-up with tommy lift and air compressor.
Staff recommended approval of this Contract
Amendment.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2901 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47B-553-531
(18.) Consider Resolution #2902 authorizing the Mayor
to execute a Water Rights Purchasing Agreement
and all other necessary documents.
August 25, 1988
Page No. 554
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 Water Rights Purchase Agreement by and between the City of
Lubbock and Archie Baker and Mildred Baker of Clovis, New Mexico,
attached herewith, which. shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 25th day of August, 1988.
ATTEST:
Zsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zs/ Sam Wahl
Sam Wahl, Director of Water
Utilities
STATE OF TEXAS
COUNTY OF BAILEY
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
WATER RIGHTS PURCHASE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT ARCHIE BAKER and MILDRED BAKER, of Clovis, New Mexico,
hereinafter called Owners, and the City of Lubbock, Texas,
hereinafter called City, do hereby enter into the following Water
Rights Purchase Agreement'.
WITNESSETH
WHEREAS, the Owners do own in fee simple absolute that certain
property situated in Bailey County, Texas, and hereinafter described
in Exhibit "A" attached hereto; and
WHEREAS, the Owners desire to sell to the City water rights to
the property after Owners acquire such rights; and
WHEREAS, the City desires to purchase these same water rights
from the Owners;
NOW THEREFORE, in consideration of the premises, the covenants
and agreements herein contained and other valuable consideration, the
City and the Owners do hereby enter into the following Articles of
Agreement.
ARTICLE I
1. Payment: The City hereby agrees to purchase from Owners
the water rights appurtenant to the property described in attached
Exhibit "A" less and except that one acre previously conveyed by
special warranty deed of September 28, 1987, from Travelers Insurance
Company to Archie Baker and subsequently deeded to Eastern New Mexico
University, and to pay Owners a total sum of Six Hundred Twenty -Five
August 25, 1988
Page No. 555
Thousand and No/100 Dollars ($625,000.00) for the water rights. Said
payment shall be made in full at the closing of this transaction,
which shall occur as soon as practicable after the approval of this
contract by City.
2. Title: Owners hereby agree to provide City with an
abstract of title showing valid marketable title to the water rights
to the property described in Exhibit "A", less and except that one
r acre referred to here and above. The City shall have a period of 60
days in which to have the abstract examined and to notify Owners in
writing of any title defects; Owners will promptly take all necessary
corrective action to cure such defects, and the sale of the water
rights herein described to City will be closed as soon as reasonably
possible thereafter. In the event that Owners are unable to cure any
defects in the title as above mentioned within 120 days after such
defects have been brought to Owners' attention by City, then in such
event City may terminate this agreement without any liability to
City. A true and correct copy of the abstract above referenced shall
remain with City and the original shall be returned to Owners upon
closing.
3. Access to Property: The City shall have the right of
ingress and egress over and across the surface of the land described
in attached Exhibit "A", less the one acre excepted, for the purposes
of performing all exploration, construction and development of
facilities for the withdrawal of underground water pursuant to the
water rights conveyed by this agreement. The City shall reseed and
restore that surface area destroyed or damaged by the City's activity
to develop, explore or deplete the water conveyed by this agreement.
All roads developed for the continuing service of wells shall be
constructed in such a manner as to minimize soil erosion as much as
practicable.
4. Deed: Owners agree to convey said water rights by
general warranty deed and a copy of said proposed deed is attached
hereto as Exhibit "B".
5. Personal Property: Existing pumps in irrigation wells
numbered 1, 2, 7, and 8 of that map attached and marked as Exhibit
"B" to the proposed general warranty deed shall be considered the
personal property of the Owners and the City shall remove those four
existing irrigation pumps from the respective wells within the next
eighteen months and place them at such location on the subject
property as directed by Owners.
6. Cooperative Benefits: All benefits derived from the
purchase of electricity from the Bailey County Electric Cooperative
or its successors to the date of closing shall be surrendered to
Owners or their heirs, successors or assigns. Thereafter all power
purchased by City shall be credited to City as capital credit from
the Bailey County Electric Cooperative.
ARTICLE II
1. "Water Rights", as used in this agreement, means all of
the percolating and underground water in and under and that may be
produced from wells from the property described in attached Exhibit
"A", together with the exclusive right to take said water from such
land. However, Owners except and reserve the right to use only so
much of the water in and under the premises described in Exhibit "A"
as may be reasonably necessary to drill for oil, gas or other
minerals; but it is understood that water from this property may not
be used for the enhancement of the production of oil, gas or other
minerals. Owners also except and reserve the right to use so much of
the water in and under the property described in Exhibit "A" as may
be necessary for usual and normal domestic use and ranching
operations or similar undertakings upon said property, including the
right at all times to drill and maintain one (1) irrigation well or
any replacement well within 100 feet of the location of said
irrigation well. Owners further except and reserve for a period of
August 25, 1988
Page No. 556
twenty years the right to use so much of .the water in and under the
property as may be necessary to replenish, and enlarge the existing
stock pond located on the said property to a maximum of one acre.
Said existing stock pond is identified as "pond" on that map attached
to the proposed General Warranty Deed and marked Exhibit "B" thereto.
City shall have the exclusive right to use and shall take title to
all other irrigation wells and may drill additional wells.
2. "Surface Rights", as used in this agreement, means the
use and enjoyment of all of the surface of the said property
described in Exhibit "A" not involved in the production or
transportation of underground water by the City.
3. "Mineral Rights", for the purpose of this agreement,
shall include the rights to all minerals in, on or under the surface
of the property described in Exhibit "A", with the exception of
percolating and underground water. For the purpose of this
agreement, neither water nor minerals in water shall be construed as
minerals.
4. Owners, their heirs, successors and assigns shall have
the right to obtain water from the City's pipeline facilities, if
available, on request, for livestock waterings, provided the City
shall make the tap and Owners shall, at their own expense, install
the waterings a minimum of 50 feet from such tap and in accordance
with State Health Department regulations.
5. The City shall hold the Owners harmless from any and all
claims for damages arising from the City's exercise of the water
rights herein conveyed (including any claims arising from subsidence
of the lands of others caused by or related to extraction of water by
the City), whether such claims are brought by the City's agents or
employees or by any member of the public.
6. The City will comply with all applicable present and
future laws, rules and regulations related to the drilling for and
extraction of water.
7. This Agreement supersedes and is in lieu of the Water
Rights Lease Agreement executed by Archie Baker and Keith Blair and
the City of Lubbock, Texas, on the 16th day of December, 1982,
wherein the City acquired certain rights to underground water beneath
a portion of the property described in attached Exhibit "A"; and upon
execution of this Water Rights Purchase Agreement, it is expressly
understood that all remaining obligations incurred pursuant to said
Water Rights Lease Agreement by any of the parties thereto, their
heirs, successors and assigns -- particularly the City's obligation
to make further monetary payments to Owners pursuant to the terms of
said Lease Agreement -- shall cease and no longer have any effect.
This Agreement shall be binding upon and inure to the benefit
of the respective parties hereto, and their respective heirs,
executors, successors and assigns.
August 25, 1988
Page No. 557
WITNESS our hands this 25th day of August, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
IsZ Sam Wahl
Sam Wahl, Director of Water
Utilities
STATE OF NEW MEXICO
COUNTY OF CURRY
CITY OF LUBBOCK, TEXAS
/s/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
/s/ Archie Baker
ARCHIE BAKER
/s/ Mildred Baker
MILDRED BAKER
BEFORE ME, the undersigned, a Notary Public in and for Curry
County, New Mexico, on this day personally appeared ARCHIE BAKER and
MILDRED BAKER, known to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me that
they each executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 24th day of
August, 1988.
/s/ Joe Parker
Notary Public, State of New
Mexico
My Commission Expires: 9/15/90
STATE OF TEXAS
BEFORE ME, the undersigned, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared B. C. McMINN, Mayor of
the City of Lubbock, a home rule municipal corporation, known to me
to be the person whose name is subscribed for the foregoing
instrument and acknowledged to me that the executed the same for the
purposes and consideration therein expressed, in the capacity herein
stated, and as the act and deed of said City of Lubbock.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 29th day of
August, 1988.
/s/ Olivia R. Solis
Notary Public, State of Texas
My Commission Expires: 11/30/89
August 25, 1988
Page No. 558
This item is the result of recent negotiations
with Archie Baker for water rights in Bailey
County, where the City of Lubbock currently has
water.rights leased (10 wells) and some
additional land (4 wells). The purchase price is
$625,000 for approximately 2,160 acres is from
Water Capital Projects Fund - Undesignated
.Balance. Staff anticipated using this water for
.meeting peak demands on the City's water system,
and therefore recommended approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilwoman Trejo to authorize Resolution
#2902 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-478-558-532
(19.) Consider request of Gary Rothwell for CiIXLs
participation in the cost of an oversized water
distribution main.
This request for City participation in costs of
oversize water distribution main comes under the
updated Pro-rata Ordinance. The Ordinance states
that all perimeter lines will be installed and if
the lines are greater than a 12", the developer
can request that the City participate in the cost
above 12". The estimated costs are: developer -
- $8,000; City -- $14,000.
The City's share was recommended for funding from
Capital Projects Fund - Undesignated Balance.
Staff recommended approval, as the line will be
constructed before this section of 73rd Street is
paved.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to approve request for the
City's participation in an oversized water
distribution main. Motion carried: 7 Yeas; 0
Nays.
(20.) Consider Ordinance #9224 setting tax rate for the
1988-89 budget.
ORDINANCE #9224
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL
PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS FOR
THE YEAR 1988, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND
ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID
TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF
SUCH TAXES WITHIN THE TIME PROVIDED.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to pass on first reading
Ordinance #9224, setting tax rate at 64¢ per $100
valuation, as recommended by Staff. Motion
carried: 6 Yeas; 1 Nay, Councilman Phillips.
August 25, 1988
Page No. 559
88-47B-559-534
(21.)
of Obligation.
By Staff memo Council was given the following
background information:
On July 14, 1988, the City Council started the
process of issuance of $5,000,000 Combination Tax
and Sewer System Subordinate Lien Revenue
Certificates of Obligation and Refunding Bonds to
be used to refund $2,700,000 outstanding
Certificates of Obligation, Series 1986 by
choosing Thomson McKinnon Securities, Inc. and
Dean Witter Reynolds, Inc. as underwriters and
authorizing the Publication of Notice of In-
tention to Issue Certificates of Obligation.
The refunding provides for lower Debt Service
payments in 1989, 1990, and 1991 by stretching
the term to extend the debt service obligations
into years 1992 through 2000, thus enabling the
City to more efficiently provide for the
additional requirements on the Wastewater
Treatment and Effluent Disposal Improvement
Program over the 1988-1991 period without an ex-
treme peak in sewer rates.
The proceeds of the Certificates of Obligation
are to be used to fund the first phase of a major
Wastewater Treatment and Effluent Disposal Im-
provement and Construction Program by initiating
the upgrading and expansion of the City's Sewage
Effluent Land Application Site located adjacent
to the City on the southeast. Upgrading and ex-
pansion of the Site includes purchase of 977
acres of land now under Lease -Purchase Agree-
ments, construction of a terminal storage reser-
voir, replacement of existing irrigation systems
and piping on the City -owned 3,975 acres, and the
construction of irrigation systems and piping on
the 977 acres to be purchased, thus permitting
the City to comply with requirements for effluent
disposal of the Texas Water Commission.
The financing is unique in that it combines an
advanced refunding with a new issue and, for that
reason, the City is able to negotiate the rates
rather than advertise for public bids. Industry
experience indicates that better rates are re-
ceived on negotiated issues.
A conference with the rating agencies in New York
was not necessary since this issuance closely
follows the Spring issuance. (The City of
Lubbock has retained the Standard and Poors
rating of AA and is to be notified of Moody's
rating prior to the sale.)
Joe Smith, Financial Advisor, 1st Southwest
Company, reported to Council regarding the
interest rates which had been negotiated with the
underwriters and which are as follows:
August 25, 1988
Page No. 560
Certificates.of.-Obligation, Ordinance #9226--
Y6ar of
Principal
Interest
Stated Maturity.
Amount
Rate(s)
1990
$100,000
6.00%
1991
100,000
6.25%
1992
125,000
6.50%
1993
6.60%
..175,000
250,000
6.75%
1995
250,000
6.90%
1996
325,000
7.00%
1997
325,000
7.10%
1998
325,000
7.20%
1999
325,000
7.30%
2000
325,000
7.40%
2001
325,000
7.50%
2002
325,000
7.60%
2003
325,000
7.70%
2004
350,000
7.75%
2005
350,000
7.80%
2006
350,000
7.85%
2007
350,000
7.90%
Refunding Bonds, Ordinance #9225--
1989
220,000
5.75%
1990
220,000
6.00%
1991
235,000
6.25%
1992
250,000
6.50%
1993
265,000
6.60%
1994
285,000
6.75%
1995
305,000
6.90%
1996
320,000
7.00%
Mr. Smith reported that these rates are very good
and equal or exceed the ones the City experienced
earlier in 1988.
Councilman Carpenter asked if there is a proper
vehicle to fund the needed improvements, other
than issuing Certificates of Obligation.
Assistant City Manager Robert Massengale replied
that this mechanism offers the lowest cost to the
City, while responding within the necessary time
frame. Councilman Carpenter stated his
preference for taking matters as this to the
voters and also his recommendation that
appropriate fee increases be looked at by Staff
and a fund be established to pay for a large
portion of costs for improvements. His concern
was regarding the amount of interest to be paid
in this manner of funding. Councilman Carpenter
concluded his remarks by saying he approves of
the project but not the process.
Mayor Pro Tem Baker expressed her preference for
not using certificates of obligation unless they
are authorized by the voters.
C. Consider Ordinance #9225 authorizing
issuance of Refunding Bonds, Series 1988;
approvinq Escrow Aqreement and Official
Statement.
August 25, 1988
Page No. 561
ORDINANCE #9225
AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK,
TEXAS, COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN REVENUE
REFUNDING BONDS, SERIES 1988"; pledging an ad valorem tax and the net
revenues of the City's Sewer System to the payment of the principal
of and interest on said Bonds; enacting provisions incident and
related to the issuance, payment, security and delivery of said
bonds, including the approval and execution of a Purchase Contract
and a Special Escrow Agreement and the approval and distribution of
an Official Statement pertaining thereto; and providing an effective
date.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to pass on first reading
Ordinance #9225 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
D. Consider Ordinance #9226 authorizing
issuance of Certificates of Obligation,
Series 1988; approving Official Statement.
ORDINANCE #9226
AN ORDINANCE authorizing the issuance of $5,000,000 "CITY OF
LUBBOCK, TEXAS, COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN
REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988"; providing for the
payment of said certificates of obligation by the levy of an ad
valorem tax upon all taxable property within the City and a pledge of
the net revenues derived from the operation of the City's Sewer
System; providing the terms and conditions of such certificates of
obligation and resolving other matters incident and relating to the
issuance, payment, and security, of said certificates of obligation,
including the approval and execution of a Purchase Contract and the
approval and distribution of an Official Statement pertaining
thereto; and providing an effective date.
Motion was made by Councilman Maloy, seconded by
Councilman Phillips to pass on first reading
Ordinance #9226 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
A. Consider Resolution #2903 authorizing the
Mayor to sign a Paving Agent/Registrar
Agreement, Refunding Bonds, Series 1988.
RESOLUTION #2903
A RESOLUTION approving and authorizing the execution of a "Paying
Agent/Registrar Agreement" in relation to the "City of Lubbock,
Texas, Combination Tax and Sewer System Subordinate Lien Revenue
Refunding Bonds, Series 1988" and resolving other matters incident
and related thereto.
WHEREAS, on this date the City Council of the City of Lubbock,
Texas, authorized the issuance of "City of Lubbock, Texas,
Combination Tax and Sewer System Subordinate Lien Revenue Refunding
Bonds, Series 1988", in the principal amount of $2,774,682.40 (the
"Securities"); such securities to be issued in fully registered form
only; and
WHEREAS, in relation to payment, registration, transfer and
exchange of said Securities, the Paying Agent/Registrar selected
therefor is Texas Commerce Bank National Association, Lubbock, Texas;
and
August 25, 1988
Page No. 562
WHEREAS, a "Paying Agent/Registrar Agreement" by and between the
City and said Bank.has been prepared and submitted to the City
Council for approval and execution, such Agreement, setting forth the
duties and responsibilities of the Paying Agent/Registrar for such
Securities, being attached hereto as Exhibit A and incorporated
herein by reference as a part of this Resolution for all purposes;
and
WHEREAS, the�City Council hereby finds and determines that such
"Paying Agent/Regl'strar Agreement" should be approved and execution
of same for and on behalf of the City authorized; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That
the "Paying Agent/Registrar Agreement" by and between the City and
Texas Commerce Bank National Association, Lubbock, Texas relating to
the above described Securities, attached hereto as Exhibit A, is
hereby approved as to form and hereby authorized and directed to
execute such Agreement in substantially the same form and content
herein approved for and on behalf of the City and as the act and deed
of this City Council.
PASSED AND APPROVED ON FIRST READING, THIS 25th day of August,
1988.
/s/ B. C. McMinn
Mayor
ATTEST:
/s/ Ranette Boyd
City Secretary
EXHIBIT A --PAYING AGENT/REGISTRAR AGREEMENT filed with Resolution
#2903.
Motion was made by Councilman Maloy, seconded by
Councilman Patterson to pass on first reading
Resolution #2903 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
B. Consider Resolution #2904 authorizing Mayor
to sign a Paying Agent/Registrar Agreement,
Certificates of Obligation, Series 1988.
RESOLUTION #2904
A RESOLUTION approving and authorizing the execution of a "Paying
Agent/Registrar Agreement" in relation to the "City of Lubbock,
Texas, Combination Tax and Sewer System Subordinate Lien Revenue
Certificates of Obligation, Series 1988" and resolving other matters
incident and related thereto.
WHEREAS, on this date the City Council of the City of Lubbock,
Texas, authorized the issuance of "City of Lubbock, Texas,
Combination Tax and Sewer System Subordinate Lien Revenue
Certificates of Obligation, Series 1988", in the principal amount of
$5,000,000 (the "Securities"); such securities to be issued in fully
registered form only; and
WHEREAS, in relation to payment, registration, transfer and
exchange of said Securities, the Paying Agent/Registrar selected
therefor is Texas Commerce Bank National Association, Lubbock, Texas;
and
WHEREAS, a "Paying Agent/Registrar Agreement" by and between the
City and said Bank has been prepared and submitted to the City
Council for approval and execution, such Agreement, setting forth the
duties and responsibilities of the Paying Agent/Registrar for such
August 25, 1988
Page No. 563
Securities, being attached hereto as Exhibit A and incorporated
herein by reference as a part of this Resolution for all purposes;
and
WHEREAS, the City Council hereby finds and determines that such
"Paying Agent/Registrar Agreement" should be approved and execution
of same for and on behalf of the City authorized; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That
the "Paying Agent/Registrar Agreement" by and between the City and
Texas Commerce Bank National Association, Lubbock, Texas relating to
the above described Securities, attached hereto as Exhibit A, is
hereby approved as to form and hereby authorized and directed to
execute such Agreement in substantially the same form and content
herein approved for and on behalf of the City and as the act and deed
of this City Council.
PASSED AND APPROVED ON FIRST READING, THIS 25th day of August,
1988.
Ls/ B. C. McMinn
Mayor
ATTEST:
/s/ Ranette Boyd
City Secretary
EXHIBIT A --PAYING AGENT/REGISTRAR AGREEMENT filed with Resolution
#2904.
Motion was made by Councilman Maloy, seconded by
Councilman Phillips to pass on first reading
Resolution #2904 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
88-47B-563-535
(22.) BID #9855--Electric wire (Central Warehouse).
Temple, Inc.--20,000' #2 Triplex cable in duct.
General Electric Supply Co.--4,000' #4 copper
wire; 5,000 lbs. 500 MCM.
Graybar Electric, Amarillo--6,000' #1/0 copper.
Southwest Electric Supply--6,000' #4 duplex.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to accept low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
(23.) BID #9854--Jackets and vests (Police Department).
Daco Fire Safety Equipment--60 each Tuffy-Jac; 8
Command jackets; 30 Body armor; 60 Body armor
carriers.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
August 25, 1988
Page No. 564
88-47B-564-537
(24.) BID #9887--Annual pricing for water treatment
chemicals (Water Treatment Plant).
Dixie Petro-chem, Sweetwater--130 tons liquid
chlorine (l ton cylinders).
Van Waters & Rogers, Odessa--80 liquid chlorine
(150# cylinders).
Weskem Inc., Odessa--300 tons ferric sulfate.
Russ Chemical, LaSalle, Illinois-- 300 tons
liquid aluminum.
Magnatrade Corp., Tulsa Ok.--20 tons activated
carbon.
Coastal Chemical Co., Hobbs New Mexico--25 tons
potassium permanganate.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47B-564-538
(25.) BID #9860--Steel transmission and distribution
poles, and authorize same (Electric
Distribution).
Bid awarded to F. L. Meyer Industries Division,
c/o McKinley Sales, Amarillo --Steel transmission
and distribution poles for I-27 utility
relocation.
RESOLUTION #2905
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 by and between the City of Lubbock and FL Meyer
Industries Division for steel transmission and distribution poles,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 25th day of August, 1988.
ATTEST:
/s/ Ranette Boyd
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
/s/ B. C. McMinn
B. C. McMINN, MAYOR
11a
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
August 25, 1988
Page No. 565
.CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 25th day of August
7-11 1988, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
to do so, hereinafter referred to as OWNER, and FL MEYER INDUSTRIES,
of the City of RED WING, County of GOODHUE, and State of MINNESOTA,
hereinafter termed CONTRACTOR.
WITNESSETH: THAT for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agreed with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9860 - STEEL TRANSMISSION & DISTRIBUTION POLES IN THE TOTAL
AMOUNT OF $292,063.00
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
I L contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Leona F. Maxwell
ATTEST:
COMPLETE ADDRESS:
P.O. Box 114, Red Wing, MN 55066
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
IsZ Donald G. Vandiver
FL MEYER INDUSTRIES
(CONTRACTOR)
By: /s/ Robert L. Schultz
Title: Vice Pres. Marketing
August 25, 1988
Page No. 566
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to authorize Resolution #2905
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
88-47B-566-539
(26.) BID #9766-Hydraulic aerial equipment (Electric
Distribution).
South Plains Int. Trucks --Hydraulic aerial unit
per Spec. 715 (cab & chassis).
Coastal Equipment Inc., Houston --hydraulic aerial
unit per Spec. 715 (hydraulic aerial unit).
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47B-566-540
(27.) BID #9871--Two pivot irrigation systems, and
authorize same (Water Utilities).
Bid awarded to Scott Irrigation Construction
Inc., Seminole --Two pivot irrigation systems.
RESOLUTION #2906
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 by and between the City of Lubbock and Scott
Irrigation Construction, Inc. for two pivot irrigation systems,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 25th day of August, 1988.
ATTEST:
/s/ Ranette Boyd
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
s Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 25th day of August,
1988, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
to do so, hereinafter referred to as OWNER, and SCOTT IRRIGATION
CONSTRUCTION, INC. of the City of SEMINOLE, County of GAINES, and
State of TEXAS, hereinafter termed CONTRACTOR.
August 25, 1988
Page No. 567
WITNESSETH: THAT for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agreed with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9871 - TWO PIVOT IRRIGATION SYSTEMS IN THE TOTAL AMOUNT OF
$74,820.00
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Dan A. Hawkins
ATTEST:
/s/ Charla Brothaton
Secretary
COMPLETE ADDRESS:
P.O. Box 1494, Seminole, TX 79360
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
SCOTT IRRIGATION CONSTRUCTION
INC. (CONTRACTOR)
By: /s/ Lillie S. Scott
Title: President
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to authorize Resolution #2906
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
88-47B-567-541
(28.) BID #9837--
Bid awarded to Western Fence, Amarillo --fence
replacement (37th & Guava and 98th and P).
August 25, 1988
Page No. 568
RESOLUTION #2907
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 by and between the City of Lubbock and Western
Fence Company for fence replacement —37th and Guava, 98th and Avenue
P, attached herewith, w ' hich shall be spread upon the minutes of the
Council and asspread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 25th day of August, 1988.
U111*10
Zsl Ranette Boyd
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
41,111 a 1w, M.,
1 i �1-19- 10
/s/ B. C. McMinn
B. C. McMINN, MAYOR
Zsl Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 25th day of August,
1988, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
to do so, hereinafter referred to as OWNER, and WESTERN FENCE CO. of
the City of AMARILLO, County of POTTER, and State of TEXAS,
hereinafter termed CONTRACTOR.
WITNESSETH: THAT for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agreed with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9837 - FENCE REPLACEMENT-(34TH & GUAVA AND 98TH & P) IN THE
TOTAL AMOUNT OF $27,225.41
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
August 25, 1988
Page No. 569
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Dan A. Hawkins
ATTEST:
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
Ls/ Donald G. Vandiver
WESTERN FENCE CO.
(CONTRACTOR)
By: /s/ D. H. Hany
COMPLETE ADDRESS: Title: Manager
2601 E. 3rd Street, Amarillo, TX 79104
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to authorize Resolution #2907
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
88-47B-569-542
(29.) BID #9884--
and authorize same (Electric Distribution).
RESOLUTION #2908-A (H.D. Weaver Ditching
Service)
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 by and between the City of Lubbock and H. D.
Weaver Ditching Service for annual pricing for trenching and boring
in residential and small commercial areas, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 25th day of August, 1988.
ATTEST:
/s/ Ranette Boyd
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
August 25, 1988
Page No. 570
CONTRACT
STATE OF TEXAS
THIS AGREEMENT, made and entered into this 25th day of August,
1988, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
to do so, hereinafter referred to as OWNER, and H.D. WEAVER DITCHING
SERVICE of the City of LUBBOCK, County of LUBBOCK, and State of
TEXAS, hereinafter termed CONTRACTOR.
WITNESSETH: THAT for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agreed with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9884 - ANNUAL PRICING FOR TRENCHING AND BORING IN RESIDENTIAL
AND SMALL COMMERCIAL AREAS, RANK 1 AS SET FORTH IN TABULATION SHEET
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Leona F. Maxwell
ATTEST:
COMPLETE ADDRESS:
P.O. Box 5544, Lubbock, TX 79417
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
H.D. WEAVER DITCHING SERVICE
(CONTRACTOR)
By: Harland Weaver
Title: Owner
August 25, 1988
Page No. 571
RESOLUTION #2908-B (Saunders Construction Co.)
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 by and between the City of Lubbock and Saunders
Construction, Inc. for annual pricing for trenching and boring in
residential and small commercial areas, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 25th day of August, 1988.
ATTEST:
/s/ Ranette Boyd
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
6111.1114ut of
/s/ B. C. McMinn
B. C. McMINN, MAYOR
":i _ i ' i 1'
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 25th day of August,
1988, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
to do so, hereinafter referred to as OWNER, and SAUNDERS
CONSTRUCTION, INC. of the City of SHALLOWATER, County of LUBBOCK, and
State of TEXAS hereinafter termed CONTRACTOR.
WITNESSETH: THAT for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agreed with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9884 - ANNUAL PRICING FOR TRENCHING AND BORING IN RESIDENTIAL
AND SMALL COMMERCIAL AREAS, RANK 2 AS SET FORTH IN TABULATION SHEET
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
August 25, 1988
Page No. 572
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Bow
Secretary
APPROVED AS TO CONTENT:
/s/ Leona F. Maxwell
ATTEST:
P.O. Box 463, Shallowater, TX 79322
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
.Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
SAUNDERS CONSTRUCTION INC
(CONTRACTOR)
By: Shelby Saunders
Title: President
*(Bid award ranking --see note below.)
15,000' regular ditch 8" wide to 5' deep; 2,000'
backhoe ditch 18" wide to 5' deep (new
subdivisions); 1,000' regular ditch 8" wide to 5'
deep where LP&L transformers and pedestals are
installed; 2,000' backhoe above water and sewer
lines (alley crossings); 3,000' backhoe under
water and sewer lines (alley crossings); 3,000'
backhoe ditch 18" wide to 5' deep behind houses
with services installed, except telephone and
cable TV in existing subdivisions; 1,000' backhoe
ditch 18" wide to 5' deep behind houses with all
services installed (existing subdivisions); 500'
backhoe 18" wide to 5' deep (street crossings);
500' backhoe 18" wide to 5' deep and water tamp
(street crossings); 2,000' backhoe 18" wide to 5'
deep and dirt tamp (street crossings); 4,000'
ditching where paving will be installed with
compaction to 95%-water tamped (parking lots &/or
utility easements); 500' bore and install 1-4"
casing furnished by LP&L; 4,000' bore and install
2-4" casing furnished by LP&L; 500' bore and
install 4-5" casing furnished by LP&L; 500' bore
and install 1-10" casing furnished by contractor;
1 boring, minimum charge; 1 hr. backhoe hourly
rate; 1 hr. jackhammer hourly rate; 1 hr tamp
tractor hourly rate; 1 hr. minimum hours; 200 yd.
pavement repair (contractor shall provide all
materials to repair pavement); 1 trench safety
system, if required, 5'-10' depth furnished,
installed and removed completely.
*H.D. Weaver Ditching Service of Lubbock Texas
has been awarded 1st ranking. Saunders
Construction Co. of Shallowater, Texas has been
awarded 2nd ranking. Selection is based on
hourly rates, crew and equipment availability.
Motion was made by Councilman Carpenter, seconded
by Councilman Carpenter to authorize Resolution
#2908-A and Resolution #2908-B as recommended
by Staff. Motion carried: 7 Yeas; 0 Nays.
August 25, 1988
Page No. 573
88-47B-573-543
(30.) BID #9853--Rental Uniforms (various departments).
National Linen Service --Necessary uniforms to
allow 520 employees three (3) complete changes
per person per week for one year; second year
price; third year price; necessary uniforms to
allow 520 employees three (3) pants and five (5)
shirts per person per week for one year; second
year price; third year price; necessary uniforms
to allow 520 employees five (5) complete changes
per person per week for one year; second year
price; third year price.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to reject all other bids and
accept National Linen Service bid based on past
record of service, turnaround time for order
problem correction, availability of uniforms,
time of delivery and experience. Motion carried:
5 Yeas; 2 Nays --Councilwoman Trejo, Councilman
Phillips.
88-47B-573-544
(31.) BID #9883--Annual pricing for trenching and
excavating, and authorize same (Electric
Distribution).
RESOLUTION #2909-A (H. D. Weaver Ditching
Service)
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 by and between the City of Lubbock and Saunders
Construction, Inc. for annual pricing for trenching and excavation,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 25th day of August, 1988.
ATTEST:
/s/ Ranette Boyd
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 25th day of August
1988, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
August 25, 1988
Page No. 574
to do so, hereinafter referred to as OWNER, and SAUNDERS
CONSTRUCTION, INC. of the City of SHALLOWATER, County of LUBBOCK, and
State of TEXAS, hereinafter termed CONTRACTOR.
WITNESSETH: THAT for and.in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith,(if any) the CONTRACTOR hereby agreed with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9883 - ANNUAL PRICING TRENCHING AND EXCAVATION, RANK 1 AS SET
FORTH IN TABULATION SHEET
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Leona F. Maxwell
ATTEST:
COMPLETE ADDRESS:
P.O. Box 463, Shallowater, TX 79322
CITY OF LUBBOCK, TEXAS (OWNER)
Is/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
Zsl Donald G. Vandiver
SAUNDERS CONSTRUCTION, INC.
(CONTRACTOR)
By: Shelby Saunders
Title: President
RESOLUTION #2909-B (Saunders Construction Co.)
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 by and between the City of Lubbock and H. D.
Weaver Ditching Service for annual pricing for trenching and
excavation, attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
August 25, 1988
Page No. 575
Passed by the City Council this 25th day of August, 1988.
ATTEST:
/s/ Ranette Boyd
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
THIS AGREEMENT, made and entered into this 25th day of August,
1988, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
to do so, hereinafter referred to as OWNER, and H.D. WEAVER DITCHING
SERVICE of the City of LUBBOCK, County of LUBBOCK, and State of
TEXAS, hereinafter termed CONTRACTOR.
WITNESSETH: THAT for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agreed with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9883 - ANNUAL PRICING FOR TRENCHING AND EXCAVATION, RANK 2 AS
SET FORTH IN TABULATION SHEET
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
August 25, 1988
Page No. 576
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
Zsl Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/s/ Leona F. Maxwell
ATTEST:
COMPLETE ADDRESS:
P.O. Box 5544, Lubbock, TX 79417
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ B. C. McMinn
Mayor
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
By: Harland Weaver
(CONTRACTOR)
Title: Owner
*(Bid award ranking --see note below.)
1,000' backhoe trench and backfilling 18" wide to
5' depth (unpaved areas); 5,5001 backhoe trench
and backfilling 30" wide to 5' depth (unpaved
areas); 1 backhoe and trench and backfilling 30"
wide to 101 depth (unpaved areas); 200' backhoe
trench and backfilling 18" wide to 5' deep
(parking lots, streets and driveways); 200'
backhoe trench and backfilling 30" wide to 51
deep (parking lots, streets and driveways); 1
backhoe trench and backfilling 30" wide to 10'
deep (parking lots, streets and driveways);
1,000' installation and encasing of 2-4"
conduits; 1,000' installation and encasing of 4-
4" conduits; 600' installation and encasing of 4-
5" conduits; 5,500' installation and encasing of
6-5" conduits; 100' bore and install 2-4" casings
furnished by LP&L; 100' bore and install 4-4"
casings furnished by LP&L; 200' bore and install
4-511 casings furnished by LP&L; 200' bore and
install 6-5" casings furnished by LP&L; 100 yd.
pavement repair (contractor shall provide all
materials to make pavement repair); I trench
safety system, 5' - 10' trench depth furnished,
installed and removed complete.
*Saunders Construction Co. of Shallowater, Texas
has been awarded 1st ranking. H.D. Weaver
Ditching Service of Lubbock Texas has been
awarded 2nd ranking. Selection is based on
hourly rates, crew and equipment availability.
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to authorize Resolution
#2909-A and Resolution #2909-B as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
August 25, 1988
Page 577
There being no further business to come before Council, motion was
made Councilman Maloy, seconded by Councilwoman Trejo to adjourn the
meeting at 11:25 a.m. Motion carried: 6 Yeas; 1 Nay --Councilman
Carpenter.
'B. C. MCMINN, MAYOR
ATTEST:
RAN TE �BOYD, CITYSE6R�ARY
-'*' C ' /11// C
B. C. MCMINN, MAYOR
I T4�ST
RANETTE BUT, CITY SEC —R—ETA—RY