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
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