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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/6/1990CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 6, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 6th day of December, 1990 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman M. J. Aderton, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. ( l.) The Invocation was given by Jim Bertram, Assistant City Manager. ( 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 November 15, 1990 City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Presentation of Honorary Citizenship Certificates to International Students. Alan Henry, President of the Board of Directors of the Science Spectrum, presented a proposal to the City Council for consideration of a joint venture to underwrite financing of an Omnimax Theater in Lubbock. Mr. Henry pointed out that this joint venture would meet objectives of the City Council for creating jobs, convention activity enhancements, and recreational and entertainment opportunities for the citizenry as well. Joe McKay, Vice President of the Board, showed a video explaining the concept of Omnimax Theater. He gave the 17 projection of annual visitors to the Theater as 230,000, with 149,500 being from outside Lubbock. Frank Anderson, Chair of the Financial Advisory Committee, stated that the Theater is proposed to be located immediately adjacent to the present_ TIME -DC building (which the Science Spectrum owns) on South Loop 289. This would be attached to the west side of the existing building and would extend into the area that is currently a parking lot. December 6, 1990 Page 823 90-49B-823-627 ( 7.) According to Mr. Anderson, Omnimax Theaters are typically associated with science museums and centers, and the Science Spectrum has had a feasibility study done to determine whether or not Lubbock would be an appropriate location. The study was completed in June, 1990, and during the study, Omnimax representatives from Canada visited Lubbock three times and the Minneapolis based consultant who performed the study visited four times. The feasibility study concludes that locating an Omnimax Theater in Lubbock is feasible, and that the operation and maintenance costs would be covered with revenues produced from the Omnimax Theater, and also provide a profit center. Mr. Anderson stated that the Spectrum board is requesting City of Lubbock long-term financing for $5 million for the Theater. The City of Lubbock and the Spectrum would jointly finance the long-term debt and the revenues from the Omnimax Theater (after 0&M) would pay approximately 40% of the annual debt service, with the balance financed elsewhere. Estimating that the annual debt service on $5 million would be approximately $500,000 annually for a 20-year period, the Spectrum would pay approximately $200,000 and the City of Lubbock would pay $300,000. Under this joint proposal, the Spectrum will operate and maintain the Omnimax and the Science Spectrum, and the City will own the Omnimax facility and will lease it back to the Spectrum. There also is an option for the Spectrum to purchase this facility from the City at a later date. Mr. McKay advised that a decision is needed fairly soon inasmuch as there is competition with other West Texas cities for the Omnimax, and the feasibility study indicates that only one city in the western part of the state could support an Omnimax Theater. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to approve issuance of $5 million in Certificates of Obligation for the purpose of joint venture financing with the Science Spectrum of an Omnimax Theater. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9397--Zone Case #1758-D (5606 through 5612 Addition. ORDINANCE #9397 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1758-D; A ZONING CHANGE FROM C-2 TO C-3 ZONING, LIMITED TO A TIRE, BATTERY AND ACCESSORY STORE AND ANY UNCONDITIONAL C-2 PERMITTED USES, ON THE SOUTH 79 FEET OF LOT 114 AND THE NORTH 78 FEET OF LOT 115, BUSTER LONG ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. December 6, 1990 Page 824 December 6, 1990 Page 824 , fA Gerald Long appeared on behalf for Discount Tire, to request of Halle Vonvoitlander an addition to a C-3 use in a predominantly C-2 strip center area. No one appeared in opposition. Mayor McMinn closed the Hearing at 10:47 a.m. According to Assistant City Manager Jim Bertram, the existing tire store and brake shop is in place as a non -conforming use. The tire store was expanded once by ZBA approval, and with this proposed expansion, Staff recommended a zone change rather than another ZBA request. C-3 zoning is required for the tire, battery and accessory business; the brake shop in the rear of the building will remain legal non -conforming and cannot expand from the limits shown on the plan without ZBA approval. Mr. Bertram gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial The request is consistent with the Comprehensive Land Use Plan, and C-2 buffer remains back toward Aberdeen. Outside the break in C-2 with a C-3 District, and tied to the design and Site Plan, no other zoning policies are involved. The proposed extension will be styled like the current store and will be an improvement, with little affect on traffic. The proposed condition are: 1. Tied to the Site Plan and building elevation in file for Zone Case 1758-D. 2. C-3 limited to tire, battery and accessory store and all other C-2 uses. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on first reading Ordinance #9397, with conditions recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9398--Zone Case #2659 (2321 18th Street)-- ORDINANCE #9398 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2659; A ZONING CHANGE FROM R-2 TO R-2 (DH) ZONING ON THE WEST 2/3 OF LOT 10 AND THE EAST 2/3 OF LOT 11, BLOCK 79, OVERTON ADDITION, LUBBOCK, TEXAS; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Roxanne Cummings appeared to request Historic Landmark designation for her home. No one appeared in opposition. Mayor McMinn closed the Public Hearing at 10:50 a.m. December 6, 1990 Page 825 The request was recommended to the Planning and Zoning Commission by the Urban Design and Historic Preservation Commission, and no public comments were received at the P&Z meeting. According to Staff memo, thirteen criteria for the home were reviewed, and the zone change was recommended. Motion was made by Councilman Maloy, seconded by Councilwoman Trejo to pass on first reading Ordinance #9398 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 90-49B-825-629 ( 9.) ORDINANCE #9399--Zone Case #2660 (2902 50th Street and 4812 Detroit)' --Hold a Public Hearing to consider Manors Addition. ORDINANCE #9399 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2660; A ZONING CHANGE FROM C-2A TO C-3 ZONING, LIMITED TO A CLEANING, DYEING, DRY CLEANING SHOP AND ANY UNCONDITIONAL C-2 PERMITTED USES ON LOTS 6 & 7, BLOCK 26, MODERN MANORS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Fisal Zutouni, owner, appeared to request this zone change. No one appeared in opposition. Mayor McMinn closed the Public Hearing at 10:53 a.m. Assistant City Manager Jim Bertram stated that the property is now zoned C-2A with C-2 to the east, and gave the adjacent land use relationships as follows: North - commercial South - commercial East - commercial West - commercial The area is Commercial on the Comprehensive Land Use Plan, and Zoning policy is the only real item for discussion within this request. Since the laundry and dry cleaning uses were distributed within the districts in 1975, the process and technology have changed. Currently, the various descriptions are: C2-A - laundromat and dry cleaning pick up station - no dry cleaning machines. C-2 - family/bundle laundry, again no on -site dry cleaning shops. C-3 - cleaning, dyeing or dry cleaning shops. Staff memo noted that 15 years ago the solvents, size of boilers, and other machinery required for dry cleaners were less advanced than now, and the proponent wishes to update his shop, and City Staff supports this request. The limitation of the one C-3 use and C-2 uses otherwise will prevent any non -compatible C-3 use in the building without another zone change request. December 6, 1990 Page 826 December 6, 1990 Page 826 ( 6.) The request will have little effect on traffic. The condition approved by the Commission includes: 1. C-3 limited to cleaning, dyeing or dry cleaning shops and all other C-2 uses. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9399 with condition recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. acres of flood and restrictive easement land located in Sections 108 114 115 137 and 138 Block 5 Garza Co., Texas (Lake Alan Henry). RESOLUTION #3499 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does determine that the public needs, health, safety, and welfare demand and create a public necessity for the acquisition of additional land for municipal purposes and public purposes, to -wit: (1) The acquisition by the City of Lubbock of the fee simple title to eleven (11) tracts of land (excluding oil, gas, and other hydrocarbon mineral rights) in Garza County, Texas, said tracts of land being hereinafter referred to and described, which said land is to be used for the purpose of constructing, reconstructing, operating, repairing, and maintaining the Justiceburg Dam and Lake Alan Henry Reservoir as an expansion and extension of the public water system of the City of Lubbock. (2) The acquisition by the City of Lubbock of easement title (excluding oil, gas, and other hydrocarbon mineral rights) to four (4) tracts of land located in Garza County, Texas, said tracts of land being hereinafter referred to and described, which said easements are to be restrictive easements and flood easements with the right to overflow, flood, and inundate said land (temporarily from time to time) such land with water impounded by or the flow or which is retarded by Justiceburg Dam and Lake Alan Henry Reservoir to be built by the City of Lubbock and such easements to be used to enter upon the land and carry on pollution control to protect the waters of Lake Alan Henry Reservoir and the sanitation thereof and to prevent the construction of such structures or facilities as will interfere with the operation of the Justiceburg Dam and Lake Alan Henry Reservoir; NOW THEREFORE: SECTION 1. THAT the fee simple title (excluding oil, gas, and other hydrocarbon mineral rights) to the following described eleven (11) tracts of land located in Garza County, Texas be acquired for municipal purposes and public purposes as set forth in the preamble hereof, to -wit: December 6, 1990 Page 827 (1) Land containing 210.07 acres referred to as "RESERVOIR AREA A" described in a legal description fifteen (15) pages in length certified to by.Gary D. Wilson, Registered Public Surveyor, dated February 1988, a copy of which is attached hereto and made a part hereof for all purposes. (2) Land containing 33.06 acres referred to as "RESERVOIR AREA B11 described in a1egal description three (3) pages in length certified to by Gary D. Wilson, Registered Public Surveyor, dated March 1988, a copy of which is attached hereto and made a part hereof for all purposes. (3) Land containing 34.42 acres referred to as "RESERVOIR AREA C" described in a legal description three (3) pages in length certified to by Gary D. Wilson, Registered Public Surveyor, dated March 1988, a copy of which is attached hereto and made part hereof for all purposes. (4) Land containing 62.22 acres referred to as "RESERVOIR AREA D" described in legal description six (6) pages in length certified to by Gary D. Wilson, Registered Public Surveyor, dated February 1988, a copy of which is attached hereto and made a part hereof for all purposes. (5) Land containing 1.55 acres referred to as "RESERVOIR AREA Ell described in legal description two (2) pages in length certified to by Gary D. Wilson, Registered Public Surveyor, dated March 1988, a copy of which is attached hereto and made a part hereof for all purposes. (6) Land containing 1.94 acres referred to as "UNUSABLE LAND All described in legal description two (2) pages in length certified to by Gary D. Wilson, Registered Public Surveyor, dated March 1988, a copy of which is attached hereto and made a part hereof for all purposes. (7) Land containing 0.13 of an acre referred to as "UNUSABLE LAND B" described in legal description one (1) page in length certified to by Gary D. Wilson, Registered Public Surveyor, dated March 1988, a copy of which is attached hereto and made a part hereof for all purposes. (8) Land containing 0.90 of an acre referred to as "UNUSABLE LAND C" described in legal description one (1) page in length certified to by Gary D. Wilson, Registered Public Surveyor, dated February 1988, a copy of which is attached hereto and made a part hereof for all purposes. (9) Land containing 4.01 acres referred to as "UNUSABLE LAND D" described in legal description two (2) pages in length certified to by Gary D. Wilson, Registered Public Surveyor, dated February 1988, a copy of which is attached hereto and made a part hereof for all purposes. (10) Land containing 1.70 acres referred to as "UNUSABLE LAND Ell described in legal description two (2) pages in length certified to by Gary D. Wilson, Registered Public Surveyor, dated March 1988, a copy of which is attached hereto and made a part hereof for all purposes. (11) Land containing 0.14 of an acre referred to as "UNUSABLE LAND F" described in legal description one (1) page in length certified to by Gary D. Wilson, Registered Public Surveyor, dated March 1988, a copy of which is attached hereto and made a part hereof for all purposes. December 6, 1990 Page 828 December 6, 1990 Page 828 SECTION 2. THAT the easement title to four (4) tracts of land which are to be restrictive easements and flood easements located in Garza County, Texas, be acquired for municipal purposes and public purposes as set forth in the preamble hereof, said four (4) tracts of land being described as follows, to -wit: (1) Land referred to as "FLOOD AND RESTRICTIVE EASEMENT All described in a legal description two (2) pages in length certified to by Gary D. Wilson, Registered Public Surveyor, dated March 1988, a copy of which is attached hereto and made a part hereof for all purposes. (2) Land referred to as "FLOOD AND RESTRICTIVE EASEMENT B" described in a legal description eleven (11) pages in length certified to by Gary D. Wilson, Registered Public Surveyor, dated March 1988, a copy of which is attached hereto and made a part hereof for all purposes. (3) Land referred to as "FLOOD AND RESTRICTIVE EASEMENT C" described in a legal description twenty-two (22) pages in length certified to by Gary D. Wilson, Registered Public Surveyor, dated March 1988, a copy of which is attached hereto and made a part hereof for all purposes. (4) Land referred to as "FLOOD AND RESTRICTIVE EASEMENT D" described in a legal description eleven (11) pages in length certified to by Gary D. Wilson, Registered Public Surveyor, dated March 1988, a copy of which is attached hereto and made a part hereof for all purposes. SECTION 3. THAT the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title and easement title to said land as hereinabove described for municipal purposes and public purposes and the Right -of -Way Department of the City of Lubbock is authorized to offer the owners of said land, ESTINE D. BLAKEY, JOHN CLINTON BLAKEY, JAMES EDWARD BLAKEY, and CAROLYN ESTINE BLAKEY, the amount of $382,935.00, which is the amount appraised as the value and total damages, for the fee simple title and easement title and acquisition of said real estate hereinabove described, and that unless such offer is accepted, the City Attorney is authorized to proceed with condemnation proceedings. If such offer is accepted by said land owners, the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract of Sale for said land and interests above described to be entered into by and between the said City of Lubbock (as Purchaser) and the said land owners (as Sellers) in a form satisfactory to the City Attorney of the City of Lubbock. Passed by the City Council on this 6th day of December, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary s Ed Buc Ed Bucy, Right -of -Way Agent LEGAL DESCRIPTIONS FILED WITH RESOLUTION /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney December 6, 1990 Page 829 THE STATE OF TEXAS CONTRACT OF SALE COUNTY OF LUBBOCK This Contract of Sale is made by and between ESTINE D. BLAKEY, JOHN CLINTON BLAKEY, JAMES EDWARD BLAKEY, all of Lubbock County, Texas and CAROLYN ESTINE BLAKEY of Dallas County, Texas, all dealing in their separate property, (herein referred to as "SELLERS") and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to herein sometimes as "CITY" and sometimes as "BUYER"). AGREEMENT For the consideration hereinafter set forth and upon all terms, conditions and provisions herein contained, SELLERS agree to sell and convey to BUYER, and BUYER agrees to purchase fee simple title or easement title as hereinafter set forth to the following described real property located in Garza County, Texas: A. Fee simple title (excluding all oil, gas, and hydrocarbon mineral rights) to the real property described in form instrument General'Warranty Deed attached hereto and made a part hereof as "Exhibit A" said real property shall be conveyed by SELLERS to BUYER under the form, terms, conditions, reservations, and exceptions as set forth in said Exhibit A. B. A Restrictive Easement and Flood Easement covering the real property described in form instrument Restrictive Easement and Flood Easement attached hereto and made a part hereof as "Exhibit'B", said easement shall be conveyed by SELLERS to BUYER under the form, terms, conditions, reservations, and exceptions set forth in said Exhibit B. II. [00] 0 fol-4 1111,1111 to] � BUYER shall pay to SELLERS the purchase price for the real property as follows: Cash: THREE HUNDRED EIGHTY-TWO THOUSAND NINE HUNDRED THIRTY-FIVE AND NO/100 DOLLARS ($382,935.00) cash to be paid by BUYER to SELLERS at closing. EVIDENCE OF TITLE Within five (5).days from the date of this Contract, BUYER will cause a preliminary title insurance commitment covering the fee simple (excluding all oil, gas, and hydrocarbon mineral rights) title land and easement title land to be issued at BUYER's expense. BUYER shall inform SELLERS in writing within five (5) days of the date BUYER receives said title insurance commitment if BUYER discovers objections or defects which prevent the issuance of a title policy in the form required. SELLERS will use their best efforts to correct, within fifteen (15) days, said objections and defects at or before closing, then BUYER may elect to declare this Contract terminated and of no further force and effect; or BUYER may waive the objections and defects to title and agree to accept the title as not conforming in all respects to the foregoing requirements, in which event, this sale shall be closed as herein provided. The title commitment and policy will be issued from the title company selected by BUYER and at BUYER's expense. December 6, 1990 Page 830 December 6, 1990 Page 830 IV. TAXES Ad Valorem Taxes: It is understood that all taxes for all years prior to the year in which this transaction is consummated have been paid, and that the taxes for the year in which this transaction is consummated shall be prorated to date of closing. LTM CONDITIONS PRECEDENT The obligations of the parties to consummate this transaction are subject to the fulfillment, at or prior to closing, of each of the following conditions: A. A title policy issued in favor of CITY as hereinabove set forth covering the fee simple (excluding all oil, gas, and hydrocarbon mineral rights) title land and the easement title land. B. CITY is able to secure from SELLERS such legal documents as may be required to consummate this transaction, including the acquisition of good and indefeasible title to the fee simple (excluding all oil, gas, and hydrocarbon mineral rights) title land and easement title land to the property which is the subject of this Contract of Sale, free and clear of all liens, claims and encumbrances except as are herein permitted, including a General Warranty Deed and Restrictive Easement and Flood Easement in the form attached hereto as Exhibits A and B from the respective SELLERS and appropriate release of all liens. C. Compliance with all laws applicable to CITY as may be necessary to effectuate this Contract, together with the issuance and funding of all necessary debt financing of CITY with respect to the purchase. D. Immediately upon execution of this Contract, SELLERS and BUYER each agree to diligently pursue in good faith all actions as may be necessary to fulfill the above conditions as soon as reasonably possible. LT161 1011M C"T.1% M 31 N0 11V This Contract and all covenants and agreements herein shall inure to the benefit of and be binding upon the parties hereto and upon their respective heirs, administrators, executors, successors and assigns. VII. i a WIT44911 A J 4 111111 JTW F.11Z M 0 The parties agree that all payments, remedies and conditions performable under the terms of this Contract shall be payable and performable in Lubbock County, Texas. VIII. NOTICE Any notice given or made for any purpose pursuant to this Contract shall be valid if in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as follows: December 6, 1990 Page 831 If to SELLER: Mr. Jack Driskill Attorney at Law 1722 Broadway Lubbock, Texas 79401 If to BUYER: John C. Ross, Jr. City Attorney CITY OF LUBBOCK P. 0. Box 2000 Lubbock, Texas 79457 Either party may, at any time, and from time to time, in the manner set forth herein for the giving of notice, change the address of such party as designated in this paragraph. IX. REALTOR BUYER and SELLERS represent to each other that neither party has retained a Realtor or broker with respect to this Contract of Sale and no Realtor or broker fees are due to any party. X. CLOSING Time is of the essence in this Contract. It is understood that after this Contract is executed actions are required by both SELLERS and BUYER in order to satisfy the conditions precedent, and that closing will occur on or before December 31, 1990. Closing shall take place at the office of the title company selected by BUYER, or such other place as the parties may mutually agree. At the time of closing, all documents are to be executed and delivered, and all monies are to be paid. Xii. GENERAL CONDITIONS A. Entire Agreement: This Contract embodies the entire agreement and understanding of the parties and supersedes any and all prior letters of intent, agreements, arrangements and understandings relative to the subject matter hereof. B. Contract Survives: The terms and conditions of this Contract shall survive closing and are not to be merged therein, and are enforceable as between the parties hereto, their heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this 6th day of December, 1990. SELLERS: s/ Estine D. Blake ESTINE D. BLAKEY /s/ John Clinton Blakey JOHN CLINTON BLAKEY /s/ James Edward Blakey JAMES EDWARD BLAKEY /s/ Carolvn E. Blakev CAROLYN ESTINE BLAKEY December 6, 1990 Page 832 BUYER: CITY OF LUBBOCK: By:/s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Buc Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § December 6, 1990 Page 832 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, MAYOR of the City of Lubbock, 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 in the capacity therein stated as the act and deed of the City of Lubbock. 1990. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6th day of December, /s/ Olivia R. Solis Notary Public in and for the State of Texas OLIVIA R. SOLIS Printed or Typed Name of Notary My Commission Expires: 11-30-93 THE STATE OF TEXAS § This instrument was acknowledged before me on the 23rd day of November, 1990, by ESTINE D. BLAKEY. /s/ Lois Scott Notary Public in and for the State of Texas LOIS SCOTT Printed or Typed Name of Notary My Commission Expires: 11-6-92 December 6, 1990 Page 833 THE STATE OF TEXAS § LUBBOCKCOUNTY OF This instrument was acknowledged before me on the 26th day of November, 1990, by JOHN CLI.NTON BLAKEY. Ls./ Gwynn Key Notary Public in and for the State of Texas GWYNN KEY Printed or Typed Name of Notary My Commission Expires: 9-12-93 THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on the 23rd day of November, 1990, by JAMES EDWARD BLAKEY. /s/ Lois Scott Notary Public in and for the State of Texas LOIS SCOTT Printed or Typed Name of Notary My Commission Expires: 11-6-92 THE STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 23rd day of November, 1990, by CAROLYN ESTINE BLAKEY. /s/ Lois Scott Notary Public in and for the State of Texas LOIS SCOTT Printed or Typed Name of Notary My Commission Expires: 11-6-92 According to Staff memo, the Blakey's own the last large remaining tract of fee simple land (350.14 acres) and flood and restrictive easement land (557.02 acres) to be acquired for the Lake Alan Henry Project. Their property is located in the south central part of the reservoir, southeast of Justiceburg, Texas. The City's Right -of -Way Agent offered $800 per acre and the easement at no charge. This acceptance is subject to two conditions: (1) Closure by December 31, 1990 if the City receives the abstracts from the Blakey's; and (2) that the City pay $25,000 in attorney's fees incurred by the Blakey's since negotiations began with the City. This includes an estimated $22,600 minimum condemnation court costs to the City as a result of the court trial in Garza County. This amount covers court costs, commissioners, appraisal costs, court testimony, oil and gas testimony December 6, 1990 Page 834 December 6, 1990 Page 834 90-49B-834-631 (11.) 90-49B-834-632 (12.) and city personnel time, but does not include any added amounts the Commissioner's Court could award. After negotiating with Mr. Driskill, Staff was able to reduce the $25,000 attorney fee request to $21,500, which is less than the anticipated condemnation court costs. Therefore, the City's offer to the Blakey's is $382,935.00, plus the reduced legal fees. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3499 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. This is a routine sale of property by the Urban Renewal Agency to Herman N. Johnson for $145.00. This remnant lot will be used for adding onto adjoining property as authorized by the Urban Renewal Board of Commissioners to sell remnant lots acquired from the purchase of right-of-way for the widening of Detroit Avenue. Motion was made by Councilman Patterson, seconded by Councilman Maloy to accept price and conditions of sale of Parcel Number 54410-7-2 at 2901 1st Street in the CD Program Area V . Motion carried: 7 Yeas; 0 Nays. Frankford Avenue. ORDINANCE #9400 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF 82ND STREET, 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. 90-49B-834-633 (13.) At the November 15, 1990 City Council Work Session, Council was presented a report on a speed analysis of traffic along 82nd Street. Council consensus was that a 45 MPH speed limit should be established along 82nd Street between University Avenue and Frankford Avenue. Motion was made by Councilman Maloy, seconded by Councilman Phillips to pass on first reading Ordinance #9400. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9401 AN ORDINANCE DESIGNATING THE EAST -WEST ALLEY ON THE NORTH SIDE OF HUTCHINSON JR. HIGH SCHOOL AS A ONE-WAY ALLEY FOR VEHICULAR TRAFFIC EASTBOUND FROM ELGIN AVENUE TO CANTON AVENUE; PRESCRIBING A PENALTY; AUTHORIZING PLACEMENT OF ONE-WAY SIGNS; AND PROVIDING FOR PUBLICATION. December 6, 1990 Page 835 90-49B-835-634 (14.) The City received a request from the Lubbock Independent School District to establish the alley along the north side of Hutchinson Junior High School as a one-way eastbound between Elgin Avenue and Canton Avenue. LISD contacted all adjacent property owners and received no objections to this request. Motion was made by Councilwoman Trejo, seconded by Councilman Aderton to pass on first reading Ordinance #9401 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3500 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 application for a contract with Phil Price Advertising, Inc., to perform Marketing Services for Citibus, which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of the Resolution as if fully copied herein in detail. Passed by City Council this 6th day of December, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Assistant City Manager, Development Services CONTRACT FILED WITH RESOLUTION Zsl B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Cullingim, Assistant City Attorney This Contract provides for marketing services to be provided to Citibus as follow: To determine the best marketing strategy for Citibus; to prepare a detailed written marketing plan for each fiscal year; a Texas Tech University ridership campaign; to introduce route changes to the public; to build public sentiment that mass transportation is good for the City of Lubbock; to prepare interior bus and shelter signage; to design senior citizens brochure; to design "Adopt -a -School" book covers; a Contract for the placement of all advertising; and to prepare all production for advertising. The Contract will terminate on September 30, 1991, with the option to extend it on a year-to-year basis for four additional years until September 30, 1995. The Contract amount for the initial year will be $52,000, of which $26,000 will be provided by the Urban Mass Transportation Administration, and $26,000 by the City December 6, 1990 Page 836 December 6, 1990 Page 836 of Lubbock. The Contract amount for the four additional years will be decided during the annual budgeting process. If there are no funds available for marketing in a given year, a Contract will not be entered into. 90-49B-836-635 (15.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3500 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3501 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 Local Health Services Contract No. C1000285 by and between the City of Lubbock and the Texas Department of Health, attached herewith, and associated documents, 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 6th day of December, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager CONTRACT FILED WITH RESOLUTION /s/ B. C. McMinn B. C. McMINN, MAYOR /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Each year the State Health Department contracts with the City of Lubbock for services to the community, such as maternal and child health, public health promotion education, sexually transmitted disease control, AIDS/HIV investigation and surveillance, adult health/chronic disease, tuberculosis control and laboratory services. In exchange for these services, the Texas Department of Health provides the City with the money for supplies, professional services, equipment and staff. The State provides approximately 15% of the total funds allocated to public health. The total budget for the Health Department is $3,532,956, of which $20,712 is reimbursements and $544,514 comes from the State Contract. Most of the funds provided by the State go toward staffing. The Health Department has 80 funded positions, and of these, 51 are funded by the City, 17 are paid for by the State (either directly as State- December 6, 1990 Page 837 90-49B- 837-636 (16.) paid employees or indirectly as reimbursements to the City), and two are paid by separate grant from Texas Tech Health Sciences Center and/or Texas Department of Human Services. The State Contract represents funding for 21% of the staffing at the Health Department. This year's Contract is for $544,514 which includes vaccine used from immunizations, valued at $91,064 and laboratory supplies valued at $14,000. Most of the changes in the Contract relating to the standards of operation are as follows: 1) Several communicable diseases must be investigated within 24 hours of being reported, and outbreak control procedures must be implemented within 48 hours of the disease being reported. Although Staff attempts to achieve this practice for investigation, it has not been a performance standard requirement in the State Contract. Staff will adopt the standards and monitor their ability, particularly to implement control procedures, which may not always be practical because of time needed to confirm investigations. 2) The City of Lubbock agrees to comply with several laboratory standards including the Clinical Laboratory Improvement Act (CLIA) and the Safe Drinking Water Act. Recently, the City of Lubbock Laboratory was certified under CLIA, one of the few public laboratories in Texas to receive the certification. 3) The Health Department will develop goals and objectives based on "model objectives for local public health in Texas" and will also develop a process for monitoring activities related to the agreed upon goals and objectives. The City of Lubbock already develops objectives and has monitoring procedures related to the budgetary process and wherever practical will make these compatible to eliminate dual reporting. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to authorize Resolution #3501 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3502 authorizing the Mayor to December 6, 1990 Page 838 RESOLUTION #3502 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: December 6, 1990 Page 838 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 Utility Joint Use Agreement with the Texas Department of Highways and Public Transportation for joint usage of a portion of the I-27 right-of-way for both highway and utility purposes, in connection with Phase V of the I-27 Project, 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 6th day of December, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Buc Ed Bucy, Right -of -Way Agent THE STATE OF TEXAS COUNTY OF TRAVIS /s/ J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney UTILITY JOINT USE AGREEMENT (Controlled Access Highway) Agreement No. U# 7519 County: Lubbock Project Nos.: I27-7(34)303 & I27-7(35)301 CSJ Nos.: 0067-11-016 & 0067-11-017 Account Nos.: 9005-27-14 & 9005-27-15 Highway No.: IH 27 Limits: From 19th Street in Lubbock To South of Loop 289 S. in Lubbock WHEREAS, the State of Texas, hereinafter called the STATE, acting by and through the State Department of Highways and Public Transportation, proposes to make certain highway improvements on that section of the above - indicated highway; and WHEREAS, the City of Lubbock, hereinafter called the OWNER, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated on the plans attached to Standard Utility Agreement as executed by Owner on the 4th day of May, 1988, or on location sketches attached hereto except as provided below; NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or otherwise under law has the right to alter, modify or add to facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the State Department of Highways and Public Transportation prior thereto, to furnish necessary sketches showing location, type of construction, and methods to be used for protection of traffic, and if, in the opinion of the State Department of Highways and Public Transportation, December 6, 1990 Page 839 such alteration, modifcation, or new construction will injure the highway or endanger the traveling public using said highway, the State Department of Highways and Public Transportation shall have the right, within 30 days after the receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the,requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. Owner hereby agrees that access for servicing its facilities normally will be limited to access via (a) frontage roads where provided (b) nearby or adjacent public roads and streets, or (c) trails along or near the highway right of way lines, connecting only to an intersecting road; from any one or all of which entry may be made to the outer portion of the highway right of way. Where supports, manholes, or other appurtenances of the Owner's facilities are located in medians or interchange areas, access to them from the through -traffic roadways or ramps will be permitted but only by permits issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway users. If an emergency situation occurs, and the usual means of access for service operations as herein provided will not permit the immediate action required by the Owner in making emergency repairs as required for the safety and welfare of the public, the Owner shall have a temporary right of access to and from the through -traffic roadways and ramp as necessary to accomplish the required emergency repairs. Participation in actual costs incurred by the Owner for any future relocation or adjustment of utility facilities required by highway construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except as expressly provided hereing, (1) the Owner's rights of access to the through -traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) the Owner and the State, by the execution of this agreement, do not waive orrelinquish any right which they may have under the law or Constitution, State or Federal. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. IN WITNESS WHEREOF, the parties hereto have affixed their signatures. Owner: City of Lubbock By: /s/ B. C. McMinn B. C. McMINN Title: MAYOR Date: December 6, 1990 Execution Recommended: District Engineer THE STATE OF TEXAS By: State Right of Way Engineer Date: This is a routine agreement between the State Highway Department and the City of Lubbock for Phase V of the IH-27 project from 19th Street to south of South Loop 289. The Agreement refers to joint use of portions of IH-27 right-of-way for both the Texas Department of Highways and Public Transportation and the City of Lubbock. Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to authorize Resolution #3502 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. December 6, 1990 Page 840 90-49B-840-637 (17.) December 6, 1990 Page 840 Consider Resolution #3503 authorizing the Mayor to sign RESOLUTION #3503 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Engineering Services for renovation of the City of Lubbock Water Treatment Plant by and between the City of Lubbock and HDR Engineering, Inc., 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 6th day of December, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Dan A. Hawkins /s/ Donald G. Vandiver Dan A. Hawkins, P.E. Donald G. Vandiver, First Director of Water Utilities Assistant City Attorney AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the City of Lubbock, Texas, hereinafter referred to as "OWNER", and HDR Engineering, Inc., with principal offices at Suite 125, 12700 Hillcrest Road, Dallas, TX 75230-2096, hereinafter referred to as "ENGINEER", for performing services required to plan and design improvements for the City of Lubbock Water Treatment Plant, hereinafter called the "PROJECT". WITNESSETH: WHEREAS, OWNER intends to upgrade its municipal water treatment plant, located at 6001 North Guava Avenue, so that it consistently produces its designed volume of treated drinking water which meets the requirements of the federal Safe Drinking Water Act considering a 20-year long-range improvement period. WHEREAS, OWNER requires certain professional services in connection with the PROJECT (hereinafter referred to as the Services); and, WHEREAS, ENGINEER is prepared to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be December , 1990. ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER ENGINEER shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement. December 6, 1990 Page 841 ARTICLE 3 - COMPENSATION OWNER shall pay ENGINEER i ' n accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 4 - STANDARD OF CARE ENGINEER shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances and ENGINEER shall, at no cost to OWNER, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY ENGINEER shall not be responsible for actual construction means, methods, techniques, sequences, procedures, or safety precautions and programs used in connection with the PROJECT by construction contractor. ENGINEER shall assist the OWNER in complying with federal, state, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. ARTICLE 6 - OPINIONS OF CONSTRUCTION COST AND CONSTRUCTION SCHEDULE Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market -conditions, ENGINEER'S cost estimates shall be made on the basis of qualification and experience as a professional engineer. Since ENGINEER has no control -,.over the resources provided by others to meet contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualification and experience as a professional engineer. ENGINEER cannot and does not guarantee that proposals, bids or actual project costs will not vary from ENGINEER's cost estimates or that actual schedules will not vary from ENGINEER's forecast schedules. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, owner and ENGINEER agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. ENGINEER agrees to defend, indemnify, and hold OWNER whole and harmless against all claims for damages, costs, and expenses of persons or property that may solely arise out of, or be occasioned by, or from any negligent act, error, or omission of ENGINEER, or any agent, servant, or employee of ENGINEER in the execution or performance of this Contract. 7.3 Employee Claims. ENGINEER shall indemnify OWNER against legal liability for damages arising out of claims by ENGINEER'S employees. OWNER shall indemnify ENGINEER against legal liability for damages arising out of claims by OWNER'S employees. 7.4 Limitations of Liability. To the fullest extent permitted by law, ENGINEER'S total liability to OWNER for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to the PROJECT or this Agreement from any cause or causes including but not limited to ENGINEER'S negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the minimum amounts required by Article 10 of this Agreement. December 6, 1990 Page 842 December 6, 1990 Page 842 7.5 Survival. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 8 - INDEPENDENT CONTRACTOR ENGINEER undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of its own performance and that of its subcontractors, agents and employees. OWNER shall have no right to supervise the methods used but OWNER shall have the right to observe such performance. ENGINEER shall work closely with owner in performing Services under this Agreement. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the Services, ENGINEER will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall possess the licenses necessary to allow ENGINEER to perform the Engineering Services. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment A, Scope of Services. ARTICLE 10 - INSURANCE Prior to the time ENGINEER is entitled to commence any part of the services under this Contract, ENGINEER shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to OWNER. The insurance shall be evidence by delivery to OWNER of one (1) certificate of insurance, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licenses to do business in Texas or meets the surplus lines requirements of Texas law, or (2) a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Contract. A. Comprehensive General Liability Insurance The ENGINEER shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion and Collapse Hazard Underground Damage Hazard Products and Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The OWNER is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Comprehensive Automobile Liability Insurance The ENGINEER shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250/$500,000 Property Damage $100,000 to include all owned and non -owned cars including Employers Non -ownership Liability Hired and Non -owned vehicles The OWNER is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. December 6, 1990 Page 843 C. Excess Umbrella Liability Insurance The ENGINEER shall have Excess or Umbrella Liability Insurance in the amount of $5,000,000 with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. 1 The OWNER is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Worker's Compensation and Employer's Liability Insurance as required by State statute covering all employees whether employed by the Engineer or any Subcontractor on the job with Employer's Liability of at least $100,000 limit. E. Professional Liability Insurance (including errors and omissions) with minimum limits of $2,000,000 per claim. Engineer shall furnish owner certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least thirty days written notice to owner. ARTICLE 11 - OWNER'S RESPONSIBILITIES OWNER shall be responsible for all matters described in Attachment C, OWNER'S Responsibilities, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 12 - REUSE OF DOCUMENTS All documents, including drawings, specifications, and computer software, prepared by ENGINEER pursuant to this Agreement are instruments of service in respect to this PROJECT. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this PROJECT or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER'S sole risk and without liability or legal exposure to ENGINEER. ARTICLE 13 - AMENDMENT, TERMINATION, AND STOP ORDERS This Contract may be altered or amended only by mutual written consent and may be terminated by the OWNER at any time by written notice to the ENGINEER. Upon receipt of such notice, the ENGINEER shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The ENGINEER shall submit a statement showing in detail the work performed under this Contract to the date of termination. The OWNER shall then pay the ENGINEER promptly that proportion of the prescribed fee which applies to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the OWNER. The OWNER may issue a Stop Work Order to the ENGINEER at any time. Upon receipt of such order, the ENGINEER is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order otherwise directs. If the OWNER does not issue a Restart Order within 60 days after receipt by the ENGINEER of the Stop Work Order, the ENGINEER shall regard this Contract terminated in accordance with the foregoing provisions. ARTICLE 14 - NONDISCLOSURE OF PROPRIETARY INFORMATION ENGINEER shall consider all information provided by OWNER to be proprietary unless such information is available from public sources. ENGINEER shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of OWNER or in response to legal process. December 6, 1990 Page 844 December 6, 1990 Page 844 ARTICLE 15 - NOTICE Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United State mail, postage prepaid, to the address specified below. To Engineer: HDR Engineering, Inc. Suite 125 12700 Hillcrest Road Dallas, TX 75230-2096 ATTN: William B. Hagood, Senior Vice President To Owner: City of Lubbock P. 0. Box 2000 Lubbock, TX 79457 ATTN: Dan A. Hawkins, Director of Water Utilities Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representative of ENGINEER and OWNER. ARTICLE 16 - UNCONTROLLABLE FORCES Neither OWNER nor ENGINEER shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either OWNER or ENGINEER under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require ENGINEER or OWNER to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 17 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. Any suit brought to enforce any provision of this Agreement or for construction of any provision thereof shall be brought in Lubbock County. ARTICLE 18 - MISCELLANEOUS 18.1 Nonwaiver. A waiver by either OWNER or ENGINEER of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. December 6, 1990 Page 845 18.2 Severability. The.invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of -this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. ARTICLE 19 - INTEGRATION AND MODIFICATION This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by each of the Parties. ARTICLE 20 - SUCCESSORS AND ASSIGNS OWNER and engineer each binds itself and its successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. ARTICLE 21 - ASSIGNMENT Neither OWNER nor ENGINEER shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are'due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. I I -.IKII g 18 ($1 No work herein called for by the ENGINEERS shall be subcontracted to subcontractor who is not acceptable to the owner or assigned without prior written approval of the OWNER. The ENGINEER shall require subcontracts to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with OWNER Rules. ARTICLE 23 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than OWNER and ENGINEER. December 6, 1990 December 6, 1990 Page 846 Page 846 IN WITNESS WHEREOF, the parties have executed this Agreement. APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, P.E. Director Water Utilities APPROVED AS TO FORM: /s/ Don Vandiver Don Vandiver First Assistant City Attorney By: /s/ William B. Haaood William B. Hagood, P.E. Senior Vice President CITY OF LUBBOCK TEXAS Zsl B. C. McMinn B. C. McMinn, Mayor Attest /s/ Ranette Boyd Ranette Boyd, City Secretary HDR ENGINEERING INC. Attest /s/ Henry Benjes Henry H. Benjes, P.E. Senior Vice President ATTACHMENT A TO CONTRACT FOR CONSULTING SERVICES OWNER: City of Lubbock, Texas PROJECT: Consulting services required to perform a water and wastewater cost of service and rate design study. SCOPE OF WORK The Consultant's representative shall consult with members of the City staff, research available information on pertinent topics, meet with the City's review team, and consult with all regulatory agencies having authority over the City's water and wastewater operations as necessary to develop reports, recommendations, plans, and cost estimates for the City to use in evaluating its cost of services and rate structures. The Consultant shall determine all costs and schedule any necessary phasing of all recommendations. Work to be completed by the Consultant shall include the following: 1. Identify and list general problems within the existing water and wastewater rate, fee, and charge structures. 2. Conduct a comprehensive evaluation of the cost of all water and wastewater services (excluding wholesale service), revenue requirements, rates, fees, and charges assessed by the City of Lubbock for such water and wastewater services. - 3. Evaluate existing wastewater surcharges for excessive wastewater contributions (i.e., BOD5, grease, etc.) as specified in the Code of Ordinances of the City of Lubbock. 4. Evaluate existing fees for engineering, service connection, reconnection after discontinuation of services and other applicable fees and charges (excluding those identified as being impact fees). December 6, 1990 Page 847 5. Review customer record keeping systems and recommend data collection improvements. 6. Analyze historical water demand levels with an evaluation and projection of the key components of demand including numbers and types of customers. 7. Analyze historical demand characteristics with the purpose of properly classifying and segregating costs associated with the different functions and customers of the water and wastewater systems. 8. Analyze and classify the City's existing water and wastewater debt service requirements and known future requirements of each. 9. Review and analyze the maintenance and operation expense rewrements for the water and wastewater systems projected by the City and allocate these expenses to the proper cost components. 10. Evaluate the current water and wastewater rates and rate structures in terms of the ability of these rates to generate adequate revenue to meet the requirements from the proper sources. 11. Allocate the costs of water and wastewater services for a defined test periodtothe related functional components and customer classes. 12. Develop a fair -and equitable rate structure which produces sufficient revenues to meet the City's current and future needs and which recovers proportionately and equitably the costs of services from the water and wastewater customer classes for which costs are incurred by the City. The Consultant shall prepare a comprehensive report for the City of Lubbock review which identifies methods used for each and every evaluation performed and all recommendations for improvements to each area evaluated. Each recommendation should be accompanied by a cost/benefit analysis. Each evaluation shall consider the City's projected growth and long-range (20-year) capital improvement program, and show scheduled rate (structured) increases as necessary. Each evaluation shall be concluded with a recommendation of one or more alternatives which would improve the City's current methods or strategy. Ten copies of a draft report shall be furnished to the City's Project Manager on or before August 17, 1990. Twenty copies of the final report shall be delivered to the City's Project Manager on or before September 7, 1990. 2.4 ADDITIONAL SERVICES At the request of the City of Lubbock, the Consultant will provide additional services upon written agreement between the City of Lubbock and the Consultant defining the extent of such additional services and the amount and manner in which the Consultant will be compensated for such additional services. Additional services may include, but are not limited to the following: (1) Conduct an end -use survey to obtain information on the existing level of water conservation devices in use; (2) Assist the staff in conveying information concerning the study and proposed rate structures to the City Council; (3) Be present and represent the City in proceedings before the Texas Water Commission, the Texas Water Development Board, and/or other interested parties as necessary for public acceptance and regulatory agency approval of the proposed rate structures; December 6, 1990 Page 848 December 6, 1990 Page 848 (4) Assist the City in conveying information concerning the study to the public. (5) Conduct an evaluation of the City's wholesale contracts. (6) Conduct an evaluation of impact on developer fees. During the contract term, , hourly rates for individuals of the Consultant involved in this project (established in Attachment B) shall also be applicable for compensation to Consultant by Owner for Additional Services. ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to plan and design improvements for the City of Lubbock Water Treatment Plant. COMPENSATION For the services covered by this contract, the OWNER agrees to pay the ENGINEER as follows: A. For Project Management, Meetings, Site Surveys, Subcontracts, Field Data Collection, Drawings and Specifications and Preaward Services for the PROJECT, an hourly billing fee for ENGINEER's personnel services. The fee schedule for the ENGINEER's personnel services are as listed in paragraph C (below). Subcontract personnel services shall be reimbursable expenses and are to be billed at cost. The maximum billed for these ENGINEER's personnel services shall not exceed $512,275.00 without further written authorization. In addition, ENGINEERS and subcontractors reimbursable expenses shall be billed at cost. Billing for reimbursable expenses are estimated to be $271,200. B. For Additional Services, an hourly fee for ENGINEER's personnel as listed in paragraph C (below), plus reimbursable expenses and subcontract billing at cost to ENGINEER. Each item of Additional Services shall be established and agreed to by the OWNER in writing before the work is started. The amount billed for each item of Additional Services shall not exceed the amount established for it without further authorization. Additional amounts for Additional Services may be authorized, if necessary, as the work progresses. C. Hourly fees listed herein for ENGINEER's personnel services will apply until December 31, 1991 and may be changed annually on January 1st for the upcoming twelve (12) month period. Classification Hourly Billing Rate Range Project Principal $120 - $190 Project Manager $110 - $190 Senior Engineer $100 - $150 Project Engineer, P.E. $ 65 - $ 90 December 6, 1990 Page 849 Classification Hourly Billing Rate Range Staff Engineer $ 45 - $ 65 Design Technician $ 45 - $ 65 Drafter $ 40 - $ 60 Clerical $ 35 - $ 60 D. The following expenses are reimbursable: 1. Travel, subsistence, and incidental costs. 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a current mileage basis or rental cost basis for vehicles used for short periods. 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. 4. Reproduction of reports, drawings, and specifications. 5. Postage and shipping charges for project -related materials. 6. Computer time charges including program use charges. 7. Rental charges for use of equipment. 8. Cost of acquiring any other materials or services specifically for and applicable to only this project. E. The ENGINEER agrees-" to use its best efforts to perform the services as define& in the Agreement within the billing limits stated above. F. Monthly payments shall be made to the ENGINEER by the OWNER based on the ENGINEER's statement. For hourly fee items, the statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subconsultant costs. G. The uncontested amount of each statement shall be due and payable upon receipt by the OWNER. Carrying charges of 1-1/2 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. H. That the ENGINEER shall start the performance of the services within ten days of receipt of notice to proceed. I. That the ENGINEER shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to plan and design improvements for the City of Lubbock Water Treatment Plant. December 6, 1990 Page 850 December 6, 1990 Page 850 OWNER'S RESPONSIBILITIES The OWNER will furnish, as required by the work and not at the expense of the ENGINEER, the following items: 1. All maps, drawings, reports, records, audits, annual 7- reports, and other data that are available in the files of the OWNER and which may be useful in the work involved under this contract. 2. Access to public and private property when required in performance of the ENGINEER's services. 3. Office desk space for the ENGINEER's personnel during preliminary investigations. 4. The services of at least one of the OWNER's employees or staff who has the right of entry to, and who has knowledge of, the existing facilities to aid ENGINEER in conduct of field reviews of existing facilities. 5. Property, boundary, easement, right-of-way, and utility surveys and property description. 6. Full information regarding requirements for the PROJECT. 7. Access to the facility and to all available information concerning the facility. 8. A PROJECT MANAGER fully acquainted with the PROJECT who has authority to approve changes in the PROJECT, render decisions promptly, and furnish information expeditiously. Last Fall HDR Engineering, Inc. was awarded a Contract to perform an evaluation of the Lubbock Water Treatment Plant to determine what improvements will be necessary to renovate and upgrade the water treatment facilities to ensure operational reliability and compliance with the requirements of the federal Safe Drinking Water Act over the next 20-year period. This evaluation was determined to be necessary due to the age and condition of the water treatment facilities and equipment, coupled with aesthetic water quality concerns and impending additional regulations mandated by the Safe Drinking Water Act. After examining the water treatment facilities for five months, the evaluation was completed earlier this year, and the following areas were identified as needing upgrading and improvement: 1) Hydraulics, which involves the physical flow of water through the various treatment units of the facility; 2) treated water chemical and physical quality as related to the requirements of the Safe Drinking Water Act; 3) treated water aesthetics which concerns the taste and odor of the water; and 4) various physical, mechanical, and instrumentation components of the facility. New Safe Drinking Water Act regulations concerning the treatment of surface water supplies will become effective December 31, 1990 and additional regulations concerning the disinfection of water will become effective in June, 1993. These regulations will require that improvements be substantially complete by June, 1993 to avoid possible fines and public notification of violations. The total cost of the necessary improvements, including engineering and construction, have been estimated at $17,070,000. December 6, 1990 Page 851 90-49B-851-638 (19.) 90-49B-851-639 (20.) MEMO -9-N-Miff-Ut The proposed Contract calls for HDR to provide the following engineering services: 1) Design; 2) Preparation of plans and specifications; and 3) Pre - award services. Construction management services will be covered in a future agreement. For the services covered by this Agreement, the maximum billing for the engineers personnel services is not to exceed $512,275 without additional written authorization. Also, reimbursable expenses for the engineer and subcontractor are to be billed at cost and are estimated to be $271,200. For supplemental services, hourly fees for the engineer's personnel are listed in Attachment B of the Agreement. Each item of supplemental services must be established before the work is started. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3503 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #11005--Paper (Print Shop). Butler Paper--192M Bond Colored Copy Paper, 201b., various colors; 12,000 Rm. Bond/Copy Paper, White 8 1/2" x 11",'-201b.; 12,000 Rm. Recycled Bond/Copy Paper, White 8 1/2" x 11", 201b.; 200 Rm. Bond/Copy Paper, White 8 1/2" x 14", 201b.; 200 Rm. Recycled Bond/Copy Paper, White 8 1/2" x 14", 201b.; 2,500 Rm. 8 1/2" x 11" White Paper, 3 Hole Drilled; 72 R1. Fax Paper 8 1/2" x 328 Ft. Roll. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #10988--Top soil (Parks and Recreation). Bob Craze Construction--1,600 Cy. Topsoil. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. (21.) BID #10954--Tree pruning - annual pricing, and authorize same (Electric Distribution). RESOLUTION #3504 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor fo 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 Asplundh Tree Expert Company for tree pruning at Lubbock Power & Light, 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. December 6, 1990 Page 852 Passed by the City Council this 6th day of December, 1990. ATTEST: IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS MMKINNUff-IrIT95 December 6, 1990 Page 852 /sZ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney THIS AGREEMENT, made and entered into this 6th day of December, 1990 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 Asplundh Tree Expert Company of the City of Mansfield, County of Tarrent, and the 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 agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10954 - FOR TREE PRUNING (ANNUAL PRICING) AT LP&L IN THE AMOUNT OF $36.70 PER HOUR 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ RanetteBoyd/s/ B. C. McMinn City Secretary B. C. McMINN, MAYOR APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Gene Eads /s/ Donald G. Vandiver Gene Eads, Purchasing Manager Donald G. Vandiver, First Assistant City Attorney December 6, 1990 Page 853 ASPLUNDH TREE EXPERT COMPANY /s/ TITLE: President ATTEST: /s/' Secretary COMPLETE ADDRESS: Asplundh Tree Expert Company 711 S. 4th Avenue Mansfield, Texas 76063 ,Asplundh Tree Expert Co. --Two Man Crew, Per Hour; 1 Hr. Truck w/Hydraulic Chip Dump Bed; 1 Hr. Brush Chipper, Per Hour. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3504. Motion carried: 7 Yeas; 0 Nays. 90-49B-853-641 (22.) BID #10979--Main frame tape drive (Information Services). Premier Computer Sales --IBM 3480 Magnetic Tape Subsystem. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-853-642 (23.) BID #10657--Pricing Agreement on phone equipment Communications). Southwestern Bell Telecom--1 Lot Norstar System Parts; 1 Lot Modular Software; 1 Lot Startalk Voice Mail; 1 ea. Battery Back Up; 1 Lot Norstar Ancilliary Equipment. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49B-853-643 (24.) BID #10788-- municipal bu Services). RESOLUTION #3505 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 Dover Elevator Company for Escalator & Elevator Maintenance for Lubbock Municipal Buildings, 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. December 6, 1990 Page 854 A.. _, Passed by the City Council this 6th day of December, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF LUBBOCK December 6, 1990 Page 854 /s/ B. C. McMinn B. C. McMINN, MAYOR /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney THIS AGREEMENT, made and entered into this 6th day of December, 1990 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 Dover Elevator Company of the City of Midland, County of Midland, and the 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 agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10788 - FOR ESCALATOR & ELEVATOR MAINTENANCE FOR MUNICIPAL BUILDINGS IN THE AMOUNT OF $19,674.00 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 City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney December 6, 1990 Page 855 DOVER ELEVATOR COMPANY /s/ TITLE:President ATTEST: . Secretary COMPLETE ADDRESS: Dover Elevator Company 906 E. Big Spring Midland, Texas 79702 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 Montgomery Elevator Company for Escalator & Elevator Maintenance for Lubbock Municipal Buildings, 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 6th day of December, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd _- Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads i Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney THIS AGREEMENT, made and entered into this 6th day of December, 1990 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 Montgomery Elevator Company of the City of Dallas, County of Dallas, and the 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 agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10788 - FOR ESCALATOR & ELEVATOR MAINTENANCE FOR MUNICIPAL BUILDINGS IN THE AMOUNT OF $200,147.27 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, December 6, 1990 Page 856 December 6, 1990 Page 856 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd /s/ B. C. McMinn City Secretary B. C. McMINN, MAYOR APPROVED AS TO CONTENT: APPROVED AS TO FORM: /sZ Gene Eads i Gene Eads, Purchasing Manager COMPLETE ADDRESS: Montgomery Elevator Company 2433 Arbuckle Court Dallas, Texas 75229 /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney MONTGOMERY ELEVATOR COMPANY /s/ TITLE: President ATTEST: /s/ Secretary Montgomery Elevator Co., Dallas --Municipal Building; Municipal Square; Mahon Library; Civic Center; Airport. Dover Elevator, Midland--LP&L, Holly Avenue Power Station; Water Treatment Plant. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3505. Motion carried: 7 Yeas; 0 Nays. 90-49B-856-644 (25.) BID #10968--Luminaires and ballasts (Central Warehouse). Fields & Co.--15 ea. 625010007 70-watt HPS fixture ballast. Nunn Electric Co.--15 ea. 621010026 250-w, 480V wallighter luminaire; 75 ea. 621010066 400-w, HPS luminaire. Graybar Electric Co., Amarillo--150 ea. 621010000 100-w, 120 V HPS luminaire; 30 ea. 625040005 400-w, MV ballast. December 6, 1990 Page 857 90-49B-857-645 (26.) 90-49B-857-646 (27.) 90-49B-857-647 (28.) all El W 1.1 L M Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #10961--Plant materials (Park and Recreation). Sunbelt Trees--1 ea. Eastern Redbud; 7 ea. Crabapple - White; 18 ea. Crabapple -Red; I ea. Black Pine; 3 ea. Pistacio; 28 ea. Red Oak; 2 ea. Blue Willow; 1 ea. Winged Elm; 17 ea. Chinese Elm. Jenco Nurseries--2 ea. Desert Willow; 2 ea. Russian Olive; 8 ea. Honeylocust; 4 ea. Yaupon Holly; 30 ea. Keteler Juniper; 12 ea. Red Cedar; 8 ea. Cottonwood; 40 ea. Cedar Elm; 68 ea. San Jose Juniper. Alldredge--4 ea. Pinyon Pine. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #10953—'Ice control salt (Streets). United Salt-Corp.--450 Tons Ice Control Salt. Motion was ­made by Councilman Phillips, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #10959--Steel brackets (Water Utilities). Texcraft--120 ea. Shopwork to Fabricate Bracket #1; 400 ea. Shopwork to Fabricate Bracket #2; 40 ea. Shopwork tojabricate Bracket #3; 40 ea. Shopwork to Fabricate Bracket #4; 240 ea. Shopwork to Fabricate Bracket #5. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. (29.) BID #10929--Municipal Depository Services, and authorize same (Finance). RESOLUTION #3506 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 American State Bank for Municipal Depository Services, 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. December 6, 1990 Page 858 Passed by the City Council this 6th day of December, 1990. ATTEST: IsZ Ranette Boyd Ranette Boyd, CitySecretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS December 6, 1990 Page 858 Zs/ B. C. McMinn B. C. McMINN, MAYOR CONTRACT /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney THIS AGREEMENT, made and entered into this 6th day of December, 1990 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 American State Bank of the City of Lubbock, County of Lubbock, and the 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 7-1 conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10929 - FOR MUNICIPAL DEPOSITORY SERVICES IN THE AMOUNT OF $366,149.49 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd /s/ B. C. McMinn City Secretary B. C. McMINN, MAYOR APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Gene Eads /s/ Donald G. Vandiver Gene Eads, Purchasing Manager Donald G. Vandiver, First Assistant City Attorney December 6, 1990 Page 859 COMPLETE ADDRESS: American State Bank 1401 Avenue Q Lubbock, Texas 79401 AMERICAN STATE BANK / s/ TITLE: President ATTEST: /s/ Secretary American State Bank --Annual Net Revenue. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3506. Motion carried: 7 Yeas; 0 Nays. 90-49B-859-649 (18.) Hold an Executive Session to discuss lease of land and improvements --Aviation. (30.) 90-49B-859-650 (31.) 90-49B-859-651 (32.) 0M Community Development Advisory Committee Citizens Advisory Committee Lubbock Libraries Board Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Dorothy Dailey to fill the unexpired term of A.B. Watkins on the Community Development Advisory Committee. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint Jack Sebastian to the Transportation Subcommittee; Henry Dominguez to the Public Health & Safety Subcommittee; and Vic Hines to the Finance Subcommittee of the Citizens Advisory Committee. Motion carried: 7 Yeas; 0 Nays. December 6, 1990 Page 860 90-49B-860-652 (33.) December 6, 1990 Page 860 Consider one appointment to the Lubbock Libraries Board. The term of Helen Otken will expire December 31, 1990. Motion was made by Councilman Aderton, seconded by Councilman Phillips to reappoint Helen Otken on the Lubbock Libraries Board. Motion carried: 7 Yeas; 0 Nays. There being no further business to come before the Council, motion was made by Councilman Patterson, seconded by Councilman Phillips to adjourn the meeting at 11:56 a.m. Motion carried: 7 Yeas; 0 Nays. ATT T: Ran to Boyd, City Se et ry READ AND APPROVED THIS 13TH DAY OF . C. MCMINN, MAYOR ..�