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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/25/1980ME CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 25, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, September 25, 1980, 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None 80-39A-687-966 The invocation was given by Fire Chief Tom Foster. 80-39A-687-967 The Pledge of Allegiance to the Flag was given in unison by those present in the ( 2) Council Chambers. 80"39A-687-968 Approval of Minutes - Regular Meeting, September 11, 1980 ( 3) The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve the above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Citizen Appearances 80-39A-687-969 Board Appointments 4) None Proclamations 80-39A-687-970 "Medical Records Week" - September 29 - October 4, 1980 ( 6) Receiving: Juanita Manley, ART Director of University Irene Leos, ART Assistant Director of West Texas 80-39A-687-971 "John Knox Village Day" - October 5, 1980 ( 7) Receiving: Art Carnaham, Executive Director Sue Walraven, Director of Human Services Earlene Louis, R.N., Director of Nursing Services At 9:50 a.m., Mayor McAlister announced that an Executive Session would be held for the purpose of considering pending litigation. This Session is in accordance with Section 2-F, Art. 6252-17, V.A.T.S. 80-39A-687-972 Mrs. ' Sterling K. Miller to appear to present funds for the Living Tribute Memorial ( 8) Fund. Mrs. Mavis Miller, widow of Sterling K. Miller, Former Director of Finance for the City, appeared before the Council to propose the establishment of a Living Tribute Memorial Fund for the purpose of allowing citizens to send memorials to the City for trees and other planting material along the Canyon Lakes area. As indicated by Mrs. Miller, this had been a long desired dream of Sterling's to beautify the Canyon Lakes area in this manner. She, therefore, wished to initiate the program by establishing a Sterling K. Miller Grove, and submitted funds totaling approximately $1,030 to provide the appropriate plantings for this Grove. Mr. John Alford, Director of Parks and Recreation, presented an elevation depicting 25 grove -sites suitable for living tribute memorials, the Sterling K. Miller Grove being the first so designated. He also indicated that miscellaneous contributions would be used for securing plantings to be used throughout the Canyon Lakes area unless specified for a particular grove. Mr. Alford also indicated that a Living Tribute Memorial Trust Fund had been established through which these funds would be channeled as they are received. 9 mess The motion was made by Councilman Brown, seconded by Councilwoman Baker to accept the funds designated for the Sterling K. Miller Grove, said funds to be placed in the trust fund designated for this purpose. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Lonnie Hollingsworth, Chairman of the Electric Utility Board, to appear to make recommendations with regard to: 80-39A-688-973 Resolution No. 610 (9a) Modifying engineering service contract for Power Supply Study, and authorize same; On July 12, 1979 (Resolution No. 200), a contract was awarded to TipF and Gee, Engineers, to do a long-range "System Power Supply Study" fc LP&L; this was in accordance to the Power Plants and Industrial Fuel' Use Act of 1978, which restricts use of natural gas after 1990. The Department of Energy requires a study of compliance be made for syste using less than 2,000 megawatts (our system is 232 megawatts). The above study is due May 8, 1981. The Electric Utilities Board has reviewed the matter, and Mr. Lonnie Hollingsworth, Chairman of the Board, appeared to recommend that a contract to modify the original contract be entered into extending the due date to July 31, 1981; that an interim report be provided by November 15, 1980; that the fee schedule be revised, although the total remains the same; and the scope of the work, to be done in the study, remain the same. Mr. Hollingsworth recommended the above recommendations be accepted as approved by the Electric Utilities Board. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 610 modifying the Power Supply Study contract, as stated above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DWR:cl RESOLUTION NO. 610 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 a directed to execute for and on behalf of the City of Lubbock an Agreement Modifying Engineering Service Contract for Power Supply Study between the City of Lubbock, Texas, and Tippett and Gee, Inc., Abilene, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September ,11 /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Director Electric Sales and Service APPROVED AS TO FORM: /s/ David W. Reagan David W. Reagan, Assistant City Attorney Ott SEP 2 5 AGREEMENT MODIFYING ENGINEERING SERVICE CONTRACT FOR POWER SUPPLY STUDY BETWEEN THE CITY OF LUBBOCK, TEXAS AND TIPPETT & GEE, INC. ABILENE, TEXAS This Agreement is between the City of Lubbock, Texas, a Texas Municipality of Lubbock County, Texas, (hereinafter called the "Owner") and Tippett and Gee, Inc., a Texas Corporation, having its principal office in Abilene, Taylor County, Texas, (hereinafter called the "Engineer"). WHEREAS, the parties hereto entered into an Agreement for Engineer to conduct and provide a Power Supply Study to Owner, on July 12, 1979. A copy of that Agreement is attached hereto, marked Exhibit ",V and insofar as it is not inconsistent with the terms hereof, made a part of this Agreement; and WHEREAS, the time for performance of such Agreement marked Exhibit "A" has passed and the Owner has made no payments for services to be performed under such Agreement; and WHEREAS, the Engineer desires to perform such Agreement at the same fee stated in Exhibit "A!' and Owner desires to obtain such performance at the same fee. NOW, THEREFORE, the parties hereto desire to, and do hereby modify the Agreement, Exhibit "A!' attached hereto, in the following respects: MR The first paragraph of Article II of that Agreement, which read as follows: "The Engineer agrees to perform the services required by this Contract as expedi as practical and to schedule the completion of all phases of the study and its submittal in final form not later than May 1, 1980." is hereby deleted, and the following is substituted so that the paragraph now reads as follows: "The Engineer agrees to perform the services required by this Contract as expedition as practical and to schedule the completion of all phases of the study and its submittal in final form not later than July 31, 1981. II. Section B of Article VI of that Agreement which read as follows: "B. PAYMENTS Payments to the Engineer shall be made in Abilene, Taylor County, Texas, as follows: 1. 50% of the fee in 10 equal monthly payments beginning one month after authorization to proceed with the Study. 2. 40% of the fee upon submittal of the final draft of the completed Study. 3. 10% of the fee upon acceptance by the City of Lubbock, but not later 90 days after submittal of the completed Study. 4. Reimbursement for out-of-pocket expenses upon submittal of itemized invoices for such expenses." is hereby deleted, and the following is substituted so that the section now reads as follows: "B. PAYMENTS Payment to the Engineer shall be made in Abilene, Taylor County, Texas, as follows: 1. 40% of the fee upon submittal of an interim report not later than November 15, 1980. 2. 50% of the fee upon submittal of the final draft of the completed Study not later than July 31, 1981. 3. 10% of the fee upon acceptance by the City of Lubbock, but not later than 90 days after submittal of the completed Study. ly y 4. Reimbursement for out-of-pocket expenses upon submittal of itemized invoices for such expenses." I SEP 41 j 1980 This modifying Agreement is supplemental to the Contract between the parties dated July 12, 1979, and marked Exhibit "A" and attached hereto, and such Contract is by reference made a part hereof. All the terms, conditions, and provisions thereof (unless specifically modified herein) are to apply hereto. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement this 25th day of September , 1980. THE CITY OF LUBBOCK, TEXAS OWNER /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: TIPPETT AND GEE, INC. ENGINEER /s/ Louis PRESIDENT ATTEST: Isl Evelyn Gaffga /s/ Willi Evelyn Gaffga, City Secretary -Treasurer SECRETARY APPROVED AS TO CONTENT: /sJ Carroll McDonald Carroll McDonald, Director Electric Sales and Service APPROVED AS TO FORM: Isl David W. Reagan David W. Reagan, Assistant City Attorney ITMFMR� ENGINEERING.SERVICE CONTRACT FOR POWER SUPPLY STUDY THE CITY OF LUBBOCK, TEXAS AND TIPPETT & GEE, INC. ABILENE, TEXAS .. Hollowell AGREEMENT, made July 12, 1979 between the City of Lubbock, Texas, a Texas Municipality, of Lubbock County, Texas, (hereinafter called the "Owner") and Tippett & Gee, Inc., a Texas Corporation, having its principal office in Abilene, Taylor County, Texas, (hereinafter called the "Engineer"). WHEREAS, the Owner directs that the future growth of the deman upon its electric utility System and the means for meeting these demands be studied in detail; and WHEREAS, the Engineer represents that he has sufficient esperienced personnel and equipment to perform, and the Owner desires the Engineer to perform the engineering services herein described in respect of the System. NOW,..THEREFORE, in consideration of the mutual covenants hereir contained, the parties hereto agree as follows: ARTICLE 1 EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Work as stated in the sections to follow, and for having rendered such service� the Owner agrees to pay to the Engineer compensation as stated in the sections to follow. The Engineer hereby agrees to assign the personnel to this Project which may be necessary for satisfactory completion of said engi services. &I ing AM ARTICLE II CHARACTER AND EXTENT OF SERVICES The Engineer agrees to perform the services required by this Contract as expeditiously as practical and to schedule the completion of all phases of the study and its submittal in fianl form not later than May 1, 1980. The Engineer shall render services on the project including but not limited to the following: A. Study the feasibility of possible sources of future additional.electric power supply to ensure contineud economic and reliable electric service for the citizens of Lubbock including: 1. Types and sizes of generating prime movers including combined cycles utilizing existing or future gas turbines. 2. Fuel types and sources available for power generation, including Western coal and solid waste as a supplemental or alternate fuel. 3. Use of seage effluent as a source of cooling water. 4. Requirements for compliance with all state and federal regulations for additional power production sources. 5. Siting considerations and their impact on the environment. 6. Disposal of wastes incidental to electric power production utilizing solid fuels. B. Study general feasibility of interconnection and/or joint generation installation with other electric utility systems, and the specific feasibility of a 100 MW interconnection to be in operation by the summer of 1983. ARTICLE III FURNISHED BY OWNER Lubbock Power & Light shall furnish the Engineer all relevant maps, load data including future load projecti6ns, descriptions of property, records, cost data, existing fuel contracts and generating plant performance, data,:.in regard to quantity and quality of solid waste, fresh water availability, sewage effluent quantity and quality, and any other pertinent data which it may possess relataing to the services to be performed by the Engineers. ARTICLE IV REVIEW MEETINGS & DOCUMENTATION The Engineer shall meet with the Owner at agreed -upon -intervals and shall submit preliminary drafts of parts of the study to the Owner for review and discussion. The Engineer shall submit 20 bound final copies of the study to the Owner. ARTICLE V ENGINEER, INDEPENDENT CONTRACTOR It is understood and agreed that in all work covered in this Agreement that the Engineer shall act as an independent contractor administrating complete control over its employees. ARTICLE VI COMPENSATION A. For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth for the Study. The compensation payable by the Owner to the Engineers shall be as follows: 1. A fee for the performance of the Study in the amount of ONE HUDNRED TWENTY FIVE THOUSAND DOLLARS ($125,000); and 2. Reimbursement for out-of-pocket expense at actual cost for all normal J travel expenses for inspection of solid -waste generating facilties as may be directed or authorized by the Owner. B. PAYMENTS Payments to the Engineer shall be made in Abilene, Taylor County, Texas, as follows: 1. 50% of the fee in 10 equal monthly payments beginning one month after authorization to proceed with the Study. 692 S E P 2 5 1880 2. 40% of the fee upon submittal of the final draft of the complet Study. 3. 10% of the fee upon acceptance by the City of Lubbock, but not later than 90 days after submittal of the completed study. 4. Reimbursement for out-of-pocket expense upon submittal of itemiz d invoices for such expenses. I i IN WITNESS WHEREOF, the parties hereto have entered into this Contract as of the day and year first hereinabove written. ATTEST: CITY OF LUBBOCK, TEXAS Owner /s/ Evelyn Gaffga B /a/ Alan Henry i City Secretary Mayor Pro Tem Approved as to Form: Title /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney ATTEST: TIPPETT & GEE, INC. Engineer /s/ William G. Hollowell B /s/Louis S. Gee Secretary President 80-39A-692-974 (9b) RESOLUTION NO. 611 (9/25/80) was amended by Resolution No. 744 (3/12/81) SEE Reso. 1297, 1/13/83, for _ amendment to contract w/ Carbon Dioxid( for condensate water, etc. SEE Reso. 1310, 1/27/83, for _ amendment to orig. contract re: manufacturer's assurances Title Resolution No. 611 Consider approval of contract with Carbon Dioxide Technology Corporal and authorize same The City has been contacted by the Carbon Dioxide Technology Corporation with a proposal to purchase carbon dioxide from the stack gases at the Holly Avenue Power Plant. Additionally, if the City would agree to lease to them 1 1/2 acres of land adjacent to the Plant, they would be interested in building a plant for this purpose at an annual lease rate of $1,000; the $20 million plant would be for the purpose of gathering the gases to pump to the oil field area in Garza County to recover oil from the wells that cannot be reached by usual means; the Plant would employ approximately 12 people and would generate $70,000 werth of electric revenue per year and would pay approximately $132, in City taxes; LP&L would receive a net income of approximately $300,000 from the sale of gases annually. Mr. Hollingsworth, on behalf of the Electric Utilities Board, recommended that the above contract be approved. Mr. Bill Wiggins, President of the Carbon Dioxide Technology Corporation was present to answer questions from the Council. His comments reflected superb cooperation on behalf of the City staff, their performance exceeding any the Company had experienced in other areas where they are considering a similar installation. There being no discussion nor opposition, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resoluti No. 611 authorizing the contract with Carbon Dioxide Technology Corp tion. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Counci' Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay, ion, ra- 693 RESOLUTION NO. 611 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with Carbon Dioxide Technology Corporation for construction of a Carbon Dioxide Recovery Plant which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September ,1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Carroll McDonald Carroll McDonald, Director of Electric Utilities Sales & Service APPROVED AS TO FORM: Isl Angela Adams Angela Adams, Assistant City Attorney AGREEMENT CARBON DIOXIDE TECHNOLOGY CORPORATION, a Texas corporation (the "Buyer") having its principal office at 11211 Katy Freeway, Suite 320, Houston, Texas 77079, the CITY OF LUBBOCK (the "Seller"), having its principal office at 916 Texas Avenue, Lubbock, Texas 79457, do hereby covenant and agree as follows: WHEREAS, Seller owns and operates the Holly Avenue Power Station (hereinafter referred to as "Holly Station"), located in Lubbock County, Texas, which produces stack gases containing approximately 10% carbon dioxide (sometimes hereinafter "CO211) that are presently vented into the atmoshpere; AND WHEREAS, Buyer is desirous of constructing and operating a facility for the removal of carbon dioxide from these gases for use in various oil field operations or for sale to its customers; AND WHEREAS, Buyer desires to purchase a portion of Seller's stack gases which Buyer shall process for the removal of the CO2 gas and sell or utilize such CO2 for the recovery of crude oil or other purposes. NOW THEREFORE, in consideration of the covenants contained herein, Buyer agrees to purchase stack gases from Seller and Seller agrees to sell such stack gases to Buyer upon the following terms and conditions: 1. Term. This Agreement shall become effective on the date of execution and shall extend for a term of fifteen (15) years from and after the first day Buyer receives stack gases from Seller; and shall continue from year to year thereafter; provided, however, that either party may terminate this Agreement effective as of the end of the fifteenth contract year or as of the end of any subsequent contract year by giving the other party not less than one hundred eighty (180) days' prior written notice thereof. Buyer estimates (but does not represent) that it will require approximately eighteen (18) months to build a process plant at Holly Station before it will be in a position to receive stack gases from Seller. In the event that Seller's current production of stack gases shall be substantially curtailed or discontinued for any reason, including but not limited to compliance with state or federal legislation, the fifteen year term of this Agreement shall be reduced accord 2. Cancellation By Buyer Or Seller. Buyer shall be entitled to cancel this Agreement upon thirty (30) days' written notice to Seller if Buyer determines that it is technically or economically infeasible to remove and utilize the CO2 gas from the stack gases being purchased from Seller hereunder. 694 Seller shall be entitled to cancel this Agreement upon thirty (30) days' written notice to Buyer should Seller for any reason substant curtail or discontinue production of stack gas; or should Buyer's recovery operation substantially interfere with Seller's generating plant. Such notice shall specifically set forth Seller's grounds for termination. Upon Buyer's receipt of Seller's written notice to terminate due to Buyer's interference with Seller's generating operati Buyer shall have a reasonable period not to exceed thirty (30) days in which to cure said interference to Seller's satisfaction. Any such cure will be at Buyer's expense. Seller shall be entitled to cancel this Agreement upon thirty (30) days' written notice to Buyer if Buyer has not begun construction of its Recovery Plant within one year from the execution of this agreement or has not commenced active operation of its Recovery Plant within three (3) years of the execution of this Agreement. 3. Material. The stack gases Seller will supply hereunder are produced as a by-product at Holly Station from the combustion of pipeline quality gas or #2 fuel oil. Seller shall use its best efforts in the operation of its boilers at Holly Station to minimize the oxygen and NOX content in the stack gases; provided, however, that Seller shall incur no additional expenses in so doing. Buyer acknowled that these stack gases are a by-product of Seller's boilers, and that Seller must operate these boilers as required for its primary function, to -wit: the generation of electrical power; and Seller shall not be obligated to alter its operation as a result of this Agreement. 4. Quantity. Seller estimates that it will have available for sale to Buyer sufficient quantities of stack gas for Buyer to recover the CO2 from a minimum of 50 Mega Watts of power generation from its Holly Station at least 80% of the time. It is understood that the stack gas which is the subject of this Agreement is a by-product of Seller's primary function, that Seller will make such stack gas available to Buyer hereunder only when Seller operates its boilers and that Seller shall have the unqualified right for reasons sufficient unto itself to curtail or discontinue production of stack gas at any time without incurring any liability to Seller. During the term of this Agreement, Seller shall not sell or otherwise make available stack gas from its Holly Station Unit I or Unit 2 or any replacement unit to any purchaser other than Buyer. 5. Price. The price for the stack gas supplied hereunder shall be based on the tons of CO2 removed from Seller's stack gases and put into pipeline for delivery to Buyer's recovery plant. Buyer shall pay Seller $1.50 per ton of 100% Carbon Dioxide generated by Seller's Boilers. For purpose of this Agreement, "ton" shall mean a short ton consisting of two thousand (2,000) pounds. The prices set herein are subject to re -negotiation anytime after the expiration of four years measured from the date Buyer first receives stack gases from Seller. Any deviation in the price as set herein shall be consistent with the reasonable market value of the product at the time of re -negotiation. Beginning January 1, 1981, and each succeeding January thereafter until such time as a re -negotiated price is agreed upon, the price set forth above shall be adjusted for inflation by multiplying same by a fraction, the numerator of which is the preliminary estimate of the implicit price deflator, for the first calendar quarter of the year in which the adjustments are being computed falls, seasonably adjusted, for the gross national product, as computed and published by the United States Department of Commerce, and the denominator of which is the preliminary estimate of the implicit price deflator, for the first calendar quarter of the year 1981, seasonally adjusted, for the gross national product, as computed and published by the United States Department of Commerce. The adjusted prices, as computed above, shall be rounded to the nearest cent. Currently, the above mentioned implicit price deflators are published in Survey of Current Business by the United States Department of Commerce, Bureau of Economic Analysis, and are found in the National Income and Product Tables at Table 19 Implicit Price Deflators for Gross National Product. Should this publication be discontinued, the appropriate publication issued by the United States Government setting forth such implicit price deflators shall be substituted therefore. 6. Land. (a) Seller agrees to lease to Buyer a tract of land containing one and one-half (1-1/2) acres, more or less, adjacent to Seller's boilers at Holly Station at a site and shape mutually agreeable to both parties together with such right-of-way and easements as may be necessary for ingress to and egress from such tract (the "Lease Tract") VA 695 for the construction, maintenance and operation of Buyer's facilities thereon and for the removal of CO2 and other processed materials therefrom; provided such right-of- ways and easements do not interfere with Seller's above or below grade operations. The Lease Tract shall be used only for the building and operating (at Buyer's sole expense) of a processing plant to remove carbon dioxide from Seller's stack gases and compress for pipeline delivery to Buyer's customers. (b) Seller agrees to lease the Lease Tract to Buyer for the consideration of $1,000.00 per year. (c) Buyer agrees to keep its Recovery Plant and all surrounding grounds well maintained and in good repair at all times in such a manner that Buyer's structures and grounds shall complement Seller's existing structures and grounds. M The term of the lease shall coincide with the term of this Agreement. 7­7 Buyer shall have a period of one year after termination of this Agreement to remove machinery, fixtures, buildings, and other above and below ground structures placed on the Lease Tract if required by Seller and restore property as appropriate. Seller LL shall have first option to purchase any machinery, fixtures and buildings not removed by Buyer. Should any machinery, fixtures, buildings, etc. not be removed by Buyer within one year after termination of this Agreement, Seller may either have the same removed and assess the cost to the Buyer or Seller may take possession of such machinery, fixtures, buildings, etc. and such shall become the property of the Seller for all purposes. 7. Utilities, Construction and Maintenance of Carbon Dioxide Recovery Plant. (a) Seller shall sell electric power to Buyer in accordance with Seller's appropriate rate schedule. (b) Buyer's plant does not require any steam or cooling water from Seller; however, Buyer desires to purchase any excess steam or cooling water that Seller may make available to Buyer. The price for the above shall be such amount that is mutually agreed upon. (c) Buyer agrees to cause the carbon dioxide recovery plant (the "Recovery Plant") to be constructed diligently and in a good and workmanlike manner upon the Lease Tract in accordance with good practices in the industry and in accordance with all applicable federal, state and local laws, rules and regulations. It is the intent of Buyer to commence construction of the plant within six (6) months of the date of this Agreement. Buyer agrees that the completed interfaced design and engineering of the Recovery Plant shall be approved by the Seller and by the manufacturers of Seller's major pieces of equipment. To evidence such approval, Buyer agrees to obtain, at its own expense, from the manufacturer of each substantial piece of equipment assurances satisfactory to Seller that the operations of the Recovery Plant as completed will not materially adversely affect the operability, reliability or efficiency of the equipment originally supplied by such manufacturer to Seller's generating station. Prior to Buyer's commencing any construction of the Recovery Plant, Buyer agrees to deliver the plans and specifications to Seller for its approval. In the event Seller does not approve Buyer's plans, Buyer may terminate this agreement and all obligations of Buyer hereunder shall be of no further force and effect. (d) Buyer agrees to install and maintain safety devices at all inter connections between Seller's generating plant and Buyer's Recovery Plant, to assure and protect Seller's plant against any adverse effect which might result from but not limited to malfunctions, accidents and natural disasters in Buyer's recovery operations. Such safety devices are subject to inspection by Seller and must be to Seller's satis- faction. (e) Buyer agrees to independently dispose of any waste water and any other waste generated by its Recovery Operations in accordance with state, federal, and local regulations. Buyer will not utilize Seller's waste water disposal system in any manner without obtaining seller's prior written consent thereto. 8. Delivery. The transmission of the stack gas from Seller's boilers at Holly Station shall be by means of pipeline. Buyer shall install and maintain at its expense a pipeline and associated instrumentation from Seller's boiler stacks, more specifically down stream from Seller's main heat exchange unit, to Buyer's compressors located on the Lease Tract. Buyer may install and maintain at its expense a pipeline and associated instrumentation upstream from Seller's main heat exchange unit only after engineering studies and other assurances which Seller may request have been submitted to Seller and Seller gives its written consent thereto. This pipeline shall take stack gas at approximately atmospheric pressure and shall be designed not to interfere with the operation of Seller's boilers. 9. Terms of Payment. Buyer will furnish Seller on or before the fifteenth (15th) day of each month, a statement setting forth the quantities of carbon dioxide entering Buyer's Plant via pipeline during the immediately preceding calendar month. Buyer shall submit full payment of the above statements within fifteen (15) days from the date of invoices. Buyer, on request, shall furnish the flow measurement charts or records sufficient to verify the accuracy of the monthly statements, charges, and computations. MM. S�� 2 5 1980 10. Measurement. Carbon dioxide quantities delivered hereunder shall be measured by a meter or meters located in the interconnecting pipeline or pipelines from Seller's boiler stacks to Buyer's recovery plant. Such meters must be approved by Seller prior to their installati Seller may, at any reasonable time, request a recalibration of such meter and audit the records of such readings. Such check and audit shall be at Seller's expense unless the calibration or records are proven to be in error in an amount greater than two percent (2%), in which case, the expense for the test shall be borne by Buyer. If the aggregate error in the measuring devices is found on test to register not more that two percent (2%) by weight high or low, they shall be deemed to be correct. If the aggregate error in these measuring devices is more than two percent (2%) high or low by weight, adjustments shall be made by applying the percentage of error to the volume involved during the time the metering equipment was out of calibration if this period can be ascertained. If the time when the metering equipment got out of calibration cannot be ascertained, then the percentage of error will be applied to the volume delivered for one-half of the time elapsed since the date of the last calibration. During the time any meter is out of repair or is being tested, or in the event of a sudden failure of any meter to register accurately for any period, within the two percent (2%) variation allowed herein, the weight of carbon dioxide transmitted shall be estimated until a new or repaired meter is installe and adjustment and settlement shall be made at the regular monthly periods on the basis of the amount of carbon dioxide registered at like pressure for like periods of time when the meter was registering accurat Buyer shall give Seller notice of the time of all tests of meters and appurtenant instruments sufficiently in advance of the holding of the tests so that Seller may conveniently have its representatives present. The charts and records from said measuring equipment shall be kept by Buyer on file for a period of not less than three (3) years. At any time within such three-year period, Buyer shall, upon request of Seller, submit to Seller records and charts from said measuring equipment, together with calculations therefrom, for Seller's inspection and verification subject to return by Seller within sixty (60) days after receipt thereof. It is further agreed that Seller shall be entitled to install (at and immediately downstream from such measuring equipment operated by Buyer) measuring equipment of standard type as will enable Seller to check the weight of carbon dioxide delivered to Buyer by Seller. If Seller has exercised its right of installing and operating check meters, then, in the event and only in the event of failure of the meters operated by Buyer to register accurately at any time (allowir for the variations above mentioned), the registration of the meters of Seller, instead of the estimated quantities above provided for, shall be taken as the correct quantity of carbon dioxide delivered by Seller to Buyer provided that the meters of Seller are correct within the above variations) until such time as the meter or meters operated by Buyer shall be adjusted, repaired or replaced. 11. Modifications. Buyer agrees that any required modification in the main heat exchange unit required for Buyer's operation will be at the expense of Buyer. Further, such modification will be effected only after engineering studies and other assurances which Seller may request have been submitted to Seller and Seller is satisfied that its generating plant will not be adversely affected by such modification. Upon Seller's approval of said modification, Buyer agrees that the modification will be accomplished expediently and that any additional operating costs incurred by Seller as a result of the implementation of said modification will be at the expense of Buyer. Buyer further agrees that any modification in Seller's fan systems or any other modification which may be required as a result of Buyer's operation will be at the expense of Buyer. Buyer further agrees that Seller may stipulate to Buyer what specific modifications are required to avoid or eliminate any adverse effect by Buyer's recovery operation on Seller's generating plant. The expenses for any modifications contemp by the parties which would substantially reduce Seller's operating costs or work a substantial benefit to the Seller will be negotiable. 12. Title and Risk of Loss. Seller warrants that it has full and unqualified title and authority to sell such stack gases upon the terms and conditions herein specified. Seller further agrees to warrant and forever defend unto Buyer the title to all stack gases delivered to Buyer hereunder. Title to and risk of loss of the stack gases shall pass from Seller to Buyer at the connection to Buyer's pipeline. 13. Force Majeure. In the event of either party hereto being rendered unable wholly or in part by force majeure to carry out its obligations under this agreement other than the obligation to make payment of amounts due hereunder, it is agreed that upon such party's giving notice and reasonably full particulars of the force majeure event in writing to the other parties hereto within reasonable time after the occurrence of the cause, then the obligations of the party giving notice, so far as they are affected by force majeure, shall be suspended during the continuance of any inability so caused, but for no longer period; and the cause of the force majeure shall so far as nnaciMa 'k,. -ram.Aic�A witli n1l rpAcnnnklp AiQnntr'h_ Lted 697 SEA' 2 5 11900 The term "Force Majeure" as employed in this Paragraph 13 shall mean strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockages, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of government and people, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, freezing of lines of pipe, or any other causes, whether of the kind herein enumerated or otherwise, not reasonably within the control of the party claiming suspension. The term shall likewise include (a) in those instances where any party hereto is required to obtain servitudes, right-of-way grants, permits or licenses to enable it to fulfill its obligations hereunder, the inability of the party to acquire, or the delays on the part of the party in acquiring, at reasonable cost and after the exercise of reasonable diligence, the servitudes, right-of-way grants, permits or licenses, and (b) in those instances for the purpose of constructing or maintaining facilities to enable the party to fulfill its obligations hereunder, the inability of the party to acquire, or the delays on the part of the party in acquiring, at reasonable cost and after the exercise of reasonable diligence the materials and supplies, and the inability of the party to secure or the delays in securing, after the exercise of reasonable diligence, permission from any governmental agency to use materials and supplies which the party may have in its possession. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party against which such action is being asserted and that the above mentioned requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing party when such course is inadvisable in the discretion of the party against which such action is being asserted. 14. Taxes. The Buyer shall reimburse Seller for all taxes, excises or other charges (other than taxes bases upon income) which the Seller may be required to pay to any government (national, state or local) upon the sale, production, or transporta of the carbon dioxide sold hereunder. In addition, the Buyer shall assume responsibility for the payment of all property taxes assessed against or on any and all improvements made by Buyer on the land leased from Seller; if such improvements are deemed by law exempt from such property taxes, then in such event Buyer shall pay to Seller in lieu of such taxes an amount equal to the property taxes which would be assessed by the City of Lubbock, Texas. 15. Warranty. Seller makes no warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose pertaini to its generation of stack gases. 16. Default. If either party hereto shall fail to perform any of the covenants or obligations imposed upon it under and by virtue of this Agreement, the other party hereto may at its option terminate this Agreement by proceeding as follows: The party not in default shall cause a written notice to be served on the party in default, stating specifically the cause for terminating this Agreement and declaring it to be the intention of the party giving the notice to terminate the same; whereupon the party in default shall have thirty (30) days after the service of the aforesaid notice in which to remedy or remove the cause or causes stated in the notice for terminating the Agreement, and if, within said period of thirty (30) days, the party in default does so remedy or remove said cause or causes and fully indemnifies the party not in default for any and all consequences of such breach, then such notice shall be withdrawn and this Agreement shall continue in full force and effect. In case the party in default does not so remedy or remove the cause or causes or does not indemnify the party giving the notice for any and all consequences of such breach within said thirty -day period, this Agreement, at the option of the party giving the notice, shall become null and void. Any cancellation of this Agreement pursuant to the provisions of this Paragraph 16 shall be without prejudice to the right of Seller to collect any amounts then due Seller for stack gas delivered prior to the time of cancellation and shall be without prejudice to the right of Buyer to receive any stack gas for which it has paid but has not received, although entitled thereto, prior to the time of cancellation, and without waiver or prejudice of any remedy to which the party not in default may be entitled for breach of this Agreement. 17. No Waiver of Default. No waiver of any breach of any covenant or provision of this Agreement shall be construed to be a waiver of any other or subsequent breach of the same or of any other convenant or provision. 18. Limitations of Liability and Claims. Buyer assumes all risk and liability resulting from the use of the stack gas delivered hereunder, whether used singly or in combination with other products. 19. Subject to Governmental Approval. This Agreement, insofar as it is affected thereby, shall be subject to all present and future valid laws of the United States and of the State of Texas and to the applicable present and future rules, regulations or dues of any regulatory agency or authority of the United States or said State, it being the intent of the parties, however, that to the extent that the provisions hereof are not subject to or affected by such laws, rules, regulations or orders, they shall be and remain legally binding and effective between the parties. 20. Indemnity. Buyer agrees to indemnify Seller against, and save Seller harmless from any and all claims and demands which are asserted or established against Seller, its successors or assigns which are based upon or arise out of any loss or damages suffered by Seller arising out of the activities of Buyer as contemplated by this Agreement. Seller agrees to indemnify Buyer against, and save Buyer harmless from, any and all claims or demands which are asserted or established against Buyer, its successors or assigns which are based upon or arise out of any activities of Seller. Buyer agrees to indemnify Seller against any and all costs which Seller may incur as a result of Buyer's recovery operation, including but not limited to: additional fuel costs, damage to Seller's equipment, escalated wear and tear on Seller's equipment, and expense for re- locating underground water lines. 21. Insurance. Buyer agrees to carry and maintain insurance with a liability limit of One Million Dollars ($1,000,000.00) in an insurance company licensed to do business in the State of Texas to insure the Seller from damage to persons or property as a result of Buyer's operations, including but not limited to damage resulting from acts or omissions, negligence or otherwise of the Buyer or any of its agents, employees, or other persons. In addition, Buyer will carry and maintain Public Liability Insurance in companies licensed to do business in the State of Texas for the protection of the Seller and naming it as an insured party, insuring against all claims, losses, costs or expense arising out of injuries to persons, damage to property whether resulting from acts or omissions, negligence or otherwise of the Lessee or any of its agents, employees, patrons or other persons, and growing out of the use of the said premises by Buyer, such policies to provide for a liability limit on account of each accident resulting in a bodily injury or death to one person of not less than One Hundred Thousand Dollars ($100,000.00), a liability limit on account of each accident resulting in a bodily injury or death to more than one person of not less than Three Hundred Thousand Dollars ($300,000.00), and a liability limit of not less than One Hundred Thousand Dollars ($100,000.00) for each accident for property damage. Buyer shall furnish evidence to Seller of continuance in force of all above said policies and said policies shall be so worded as to insure ten (10) days notice of cancellation or any modification of such policy to the Seller. Said policies shall be subject to the approval of the Seller. 22. Fair Labor Standards Act. Seller warrants that the stack gas delivered under this Agreement will have been produced in compliance with the Fair Labor Standards Act of 1938, as amended. 23. Assignment. This Agreement shall not be assignable by Buyer without the written consent of Seller, which consent shall not be unreasonably withheld. 24. Notices. All notices and reports to be rendered hereund by Seller to Buyer shall be addressed as follows: Carbon Dioxide Technology Corporation 11211 Katy Freeway, Suite 320 Houston, Texas 77079 and all notices and reports to be given by Buyer to Seller shall be addressed as follows: City of Lubbock 916 Texas Avenue P.O. Box 2000 Lubbock, Texas 79457 All notices to be given by either party to the other party pursuant to any of the terms of this Agreement shall be forwarded by registered or certified mail, return receipt requested, and shall be deemed to have been given upon the date of the mailing thereof as shown on the post office receipt. Either party may, at any time, direct in writing that particular notices or types of notices be delivered to specific designee: other than those named herein. 25. General. This Agreement constitutes the entire Agreement for the sale and purchase of the material named herein. No modification of this Agreement shall be of any force or effect unless in writing and signed by both parties. No modification shall be affected by the acknowledgment or acceptance of purchase order forms containing different conditions. =0 REMMM 26. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, excluding any conflicts of law, rule or principle which might refer such construction to the laws of another state. IN WITNESS WHEREOF, the parties have executed this Agreement this 25th day of September 1980. Is / Bill _UcALi3_t_ar BILL McALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: IsZ Carroll McDonald Carroll McDonald, Director of Electric Utilities Sales & Service APPROVED AS TO FORM: -Isl Angela Adams Angela Adams, Assistant City Attorney CARBON DIOXIDE TECHNOLOGY CORP. BY Isl W. R. Wiggins, Jr. W. R. Wiggins, Jr. President ATTEST: Zsl R. A. Mohun R. A. Mohun, Vice President 80-39A-699-975 Ordinance No. 9008 (11) An appropriation ordinance regarding the financial, legal and bond rating services connected with the July 1, 1980 Bond Sale. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to wit: Various Captial Project Funds The sum $33,887.50 For the following purpose: Financial advisory fees, bond attorney fees, bond rating and bond printing costs, CUSIP numbering: Waterworks 78.79% $26,699.96 Sewer Improvements 12.40% 4,202.05 Street Improvements -8.81% 2,985.49 100.00% $33,887.50 AND IT IS SO ORDERED Passed by the Council on first reading this llth day of September, 1980. Passed by the Council on second reading this 25th day of September , 1980. sl Bill McAlister j 700 S APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 80-39A-700-976 Ordinance No. 9007 (12) An appropriation ordinance for improvements to Pump Station #10, 82nd and Memphis (Water Capital Improvements Fund). ORDINANCE NO.9007 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital Improvement Funds The sum $6,962.00 For the following purpose: Cost 1. Addition of filters behind all ventilation louvers in the pump building, chlorination room and storage room. _ $2,339.00 2. Addition of operable dampers behind all ven- tilation louvers in the pump building, chlori- nation room and storage room. _ $3,929.00 3. Addition of heaters in the chlorination room and the storage room and addition of a thermostat to the restroom heater. _ $ 694.00 TOTAL $6,962.00 AND IT IS SO ORDERED Passed by the Council on first reading this llth day of September, 1980. Passed by the Council on second reading this 25th day of September, 1980. /s/ Bill McAlister MAYOR ATTEST: /s/ Evelyn Gaffga CITY SECRETARY-TREAS. VERIFIED BY:/s/J. Robert Mas en ale FINANCE OFFICER APPROVED BY:/s/ Wilford D. 4ters,Water Util. HEAD OF DEPT. DEPT. 80-39A-700-977 Ordinance No. 9006 (13) An appropriation ordinance regarding the Lubbock Christian College Instit to of Water Research (Sanitary Sewer Capital Projects Fund). dw (Ord. 9006 - 9/25/80): See also Ord. 8231 (9/10/81) ORDINANCE NO. 9006 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, 701 SEP 2 r) 1900 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby transferred from Sewer Revenue Fund Balance to Sanitary Sewer Capital Projects Funds and appropriated out of the Sanitary Sewer Capital Project Fund. The sum $150,000 For the following purpose: J To pay Lubbock Christian College Institute of Water Research for a portion of payment of lease agreement. AND IT IS SO ORDERED 717 Passed by the Council on first reading this llth day of September, 1980. Passed by the Council on second reading this 25th day of September, 1980. Isl Bill McAlister MAYOR ATTEST: Isl Evelyn Gaffga VERIFIED BY:/s/ J. Robert Massengale CITY SECRETARY-TREAS. FINANCE OFFICER APPROVED BY:/s/ Wilford D. Watson Water Utilities HEAD OF DEPT. DEPT. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance Nos. 9008, 9007 and 9006 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-701-978 Ordinance No. 8096 (14) An ordinance to abandon and close a street in McCrummens Second Addition (20th and Avenue T). This item was HELD. 80-39A-701-979 Ordinance No. 9014 (21) An amendment to Ordinance No. 7084 concerning landscaping placed in visibility *Publisher's triangles and parkways. Affidavit on page 724. The above item was considered in accordance with Notice published in the August 9, 1980 Avalanche -Journal. As a result of a recent Supreme Court Case, Jecek et al vs. the City of Midland, a citizen was awarded $975,000 for injuries resulting in a view obstruction on City right-of-way in Midland. The basic ruling of the Court was: "where a City knowingly maintains an intersection right-of-way in a manner which dangerously obstructs the vision of motorists using the street, they are under a duty to warn or, if necessary, make safe the defective conditions." The statutes say that the cities are liable when notice of a hazard is given and no corrected action is taken. Under our current ordinances, the responsibilities for detection and clearance of street corners are diffused through three departments: Building Inspection, Zoning, and Traffic Engineering. The purpose of this ordinance is to streamline and place under the appropriate department the jurisdiction for enforcement of these situations. Basically, the requirement is that vision triangles (a triangle created by 25' directio along the intersecting streets) be kept clear of plant materials in excess of 2 1/2 feet in height, which could obstruct the view of on -coming traffic. The zoning inspect in the field will be responsible for detecting these violations, reporting in written form the obstructions and recommending to the Zoning Administrator the appropriate remedy. The above ordinance repeals Ordinance Nos. 1323, 4371 and 5309; the Street Parkway Use Permit will remain in effect as long as the conditions of the Permit are complied with by Permitees (Section 9). 702 SAP 2 5 1910 Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 9014 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LUBBOCK TO INCLUDE LANDSCAPING RESTRICTIONS IN SEVERAL USE ZONES; INCLUDING REGULATIONS FOR THE PLACING OF LANDSCAPING IN PARKWAY AREAS; REPEALING 3 ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING A PENALTY. 80-39A-702-980 Consider the price and conditions of sale of Parcel 7C-7-10 in the (22) Lubbock NDP Urban Renewal Area. Redeveloper Amount Redevelopment Billie G. Knox and F. C. Hargrave $6,350.00 Duplex The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to approve the price and conditions of the above referenced parcel. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-702-981 Resolution No. 612 (23) A resolution authorizing. the Mayor to execute a contract between the Transit Management Company, Texas Tech University and the City. The above item is to renew the Citibus contract to provide Texas Tech Bus System for the period of October 1, 1980, terminating September 30, 1981, and to increase the hourly rate to $16.50, plus a fuel adjustment cost of 2.5 times Citibus fuel cost at the present level of $1.05 per gallon. The contract will require Citibus to provide 10,900 hours of service, Texas Tech having the option of reducing this number of hours. The contractual amount is in the sum of $179,850 based on the 10,900 hours of service at an hourly rate of $16.50. The contract also allows for fuel adjustment cost if increases are experienced throughout the year. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 612 authorizing the contractual arrangem between Transit Management Company and the City for Texas Tech bus service. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Counci Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV:bs RESOLUTION NO. 612 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 between Transit Management Company of Lubbock, The Board of Regents of Texas Tech University at Lubbock, Texas, and the City of Lubbock, Texas, for bus service on the campus of Texas Tech University, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl John L. Wilson John L. Wilson, Transit Coordinator APPROVED AS TO FORM: /s/ Bill McAlister BILL McALISTER, MAYOR Isl Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney 703 SEP �im AGREEMENT This agreement, made and entered into this 25th day of September , 1980, by and between TRANSIT MANAGEMENT COMPANY OF LUBBOCK (hereinafter referred to as the "Company",' THE BOARD OF REGENTS OF TEXAS TECH UNIVERSITY at Lubbock, Texas (hereinafter referred to as the "University"), and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporati (hereinafter referred to as "City"). W I T N E S S E T H : WHEREAS, the parties hereto are aware of the traffic and parking problems on the campus of the University as it relates to the expanding campus and the increasing number of students, staff, and faculty of the University; and WHEREAS, the above named parties are desirous of relieving some of the traffic congest and expediting transit between areas in and immediately adjacent to said University campus; and WHEREAS, Company and City have entered into a lease management agreement dated Septembe 25, 1980, in which City is obligated to provide certain insurance covering the operatio of the public transportation services in and around the City of Lubbock including the services provided under this agreement; and WHEREAS, this agreement embodies the intention and resolution of the above named parties: NOW, THEREFORE WITNESSETH THIS AGREEMENT: I. Term It is agreed and understood by and between the parties hereto that a University bus service utilizing approximately eight (8) buses will be provided by Company during the period beginning with October 1, 1980, and terminating on September 30, 1981, provided, however, that either Company or University may terminate said bus service upon thirty (30) days' written notice delivered to the other by registered mail. II. Bus Operations With respect to bus operations, Company and University agree that the following conditions shall apply: A. Company will furnish buses having a seating capacity (Manufacture rated) of not less than 33 with driver operated front and side doors. It is agreed that certain seats may be removed from said buses to facilitate the ingress and egress necessary to accommodate the high volume of passenger turnover; except that all buses will provide seats for not less than 26 passengers. The Company will provide the necessary personnel to service the route or routes designated by the University during the period specified in the preceding Paragraph I of this Agreement. The number of buses and the operating periods will be subject to continuous review, and the University will advise Company with regard to its needs and with respect to any changes in the number of buses and/or operating periods; subject to equipment availability, said changes shall be instituted by Company within five (5) days after receipt of written notice from University. Initial service commencing on October 1, 1980, shall be on a schedule provided by the University prior to that date. B. In the event that it develops during any portion of the period first specifi( in Paragraph I hereinabove, that a change in or extension of a route, removal of a route, or addition of a new route is necessary or desirable, Company shall make such changes or extensions of a route or routes, shall remove a route, or shall add a new route upon University's request. The charges to be made by Company, therefore, shall be upon the basis, and shall be subject to the conditions and limitations, as are set forth in Subparagraph E of this Paragraph hereinbelow. Also in the event it develops during said period that an additional bus or buses are required in order to meet the demand for said bus service during any operating period or periods, Company, if it is able to provide same, at the University's written request, shall provide such additional bus or buses for said service during said operating period or periods upon the same basis, as is set forth hereinabove. University shall have the right to terminate any such changes, extensions, or new routes upon five (5) days' written notice to the Company. C. Buses shall stop to receive or discharge the passengers entitled to use, and using, bus service at such points as shall be agreed upon from time to time during said period, between Company and University, and University will identify the points at which stops will be made by said buses. Acceptab markers will be provided by the Company. 704 SEP 2 5 19 D. Company will exercise due diligence to adhere to the time schedules hereinabove referred to, but minor deviations therefrom due to variations in traffic, weather or load conditions shall not be deemed to be a default hereunder. E. Company shall not collect fares from its passengers, but shall charge University for providing said bus service the sum of sixteen dollars and fifty cents ($16.50) per hour base rate for each bus used in said service, which charge shall be adjusted each month to reflect any increase above the monthly average of the actual price paid per gallon of fuel in that month by Company and a base figure of $1.05 per gallon. The adjustment shall be based on fuel con- sumption of 2.5 gallons per hour of operation per vehicle and shall be accomplished according to the following formula: Adjusted Hourly Rate per Vehicle = Base Rate + 2.5 x Fuel Cost Above $1.05 per gallon. Company shall submit an invoice at the end of each month showing the amount due for service provided. Contemporaneous therewith, Company will present University with a billing at the close of operations on the last day of each month. Such bill to be paid as promptly as possible in the usual course of University business. The Company will provide income and expense statements at the end of contract period. Supplemental Bus Service In addition to the scheduled bus service over specified routes as provided for in Paragraph II hereinabove, Company shall furnish such other supplemental service, if equipment is available, for the transport of such special groups as may be designated by University. Such supplemental service shall be furnished by Company at any time during the hours from 7:00 a.m. to 11:30 p.m., upon receipt of three (3) days' written notice from University. Company will charge University for providing said supplemental service the sum specified in Subparagrap E of Paragraph II hereinabove, for each bus used in said service. Billing periods and reports of Subparagraph E of Paragraph II here- inabove, and subject to Paragraph II, Subparagraphs A and B. "M Publicity University will undertake and conduct a program designed to publicize the existence of said bus service and to acquaint its staff members and students with the availability of the same during the period in which it is provided in accordance with and under the Agreement. The Company will provide appropriate time tables for convenience of students. V. Service Provided Company will provide and use at all times, buses that are in good and safe mechanical condition, and are also in reasonably clean conditions, and will also provide competent and duly licensed drivers by whom said buses shall be driven, and Company will assume full and complete responsibility for the condition of said buses and the qualifications and competence of their drivers, at all times, and University assumes no obligations whatsoever for either of the same. VI. Independent Contractor Relationship In providing and furnishing said bus service during the term hereof, Company shall act solely in the capacity of and as an independent contractor, and not as an agent or employee of University, and Universi shall have no control over Company's operations in connection with providing said service except as hereinabove provided and University shall have no control or supervision whatever over the drivers of the buses used in said service who shall be employed by Company. Said drivers shall constitute Company's employees only, shall not constitute agents or employees of University, and shall be subject solely to :ion 705 ka" Insurance and Risk A. It is recognized by the parties hereto that Company and the City of Lubbock, Texas, have entered into an agreement for the purpose of Company providing transportation services in and around the City of Lubbock, including to the University. That under said agreement the City carries and keeps in force an insurance policy insuring both City and Company against liability for personal injury or property damages arising out of the operation of said bus services and that the services provided herein are also conducted pursuant to the Agreement between the City of Lubbock and Company. At all times during which Company shall provide the bus services mentioned herein and upon the above and foregoing terms and conditions, University shall be protected under City's insurance coverage against liability and personal injuries or personal damages arising out of the operations of said bus service to the extent of at least $100,000 for personal injury to any one person, $300,000 for each occurrence, and $50,000 for property damages sustained in any accident or occurrence arising out of the operation of said bus service and the University shall be furnished a certificate of City's insurer showing coverage to be at least in the sums just stated. Said insurance policy shall name and include "The Board of Regents of Texas Tech University"as names insured. Said policy or policies shall, upon request, be subject to the examination and approval of University. B. Company, as a named insured under City's insurance coverage, assumes to the extent of the insurance coverage maintained by the City, the risk of and University shall not be liable for damage to any and all buses or other Company property used in the bus service operation regardless of the cause thereof. To the extent of the proceeds of such insurance, the University shall be reimbursed for any damage or injury to University property arising out of or resulting from the said bus service operation except that no such reimbursement shall be made for (1) damage to pavement by normal operation of buses, or (2) any damage or injury caused by acts or omissions over which Company, its employees, or agents had no control. VIII. Maintenance Company agrees to maintain and operate said bus service and the buses used in providing the same in a safe, efficient and lawful manner and, in so doing, shall comply with all applicable statutes, municipal ordinances, and traffic rules and regulations promulgated by the University. IX. Miscellaneous A. It is further agreed that this Agreement is made solely for the benefit of University and Company, that it is not made for the benefit of any third person, whether a staff member or student of University, or otherwise, and that no action or defense may be founded upon this Agreement except by the parties signatory hereto. B. In no event shall the Company be deemed to be in default of any provision of this Agreement for failure to perform where such failure is due solely to strikes, walkouts, civil insurrections or disorders, acts of God, or for any other cause or causes wholly beyond the control of the Company. In such eventuality, the University shall have the right to procure appropriate transportation service from others during the period. If, for any reason beyond the control of the University, including but not limited to epidemics, student strikes or disorders, or severe weather conditions, the University may, upon twelve (12) hours' notice to the Company, request the temporary suspension of bus service until the resumption of normal class schedules, in which event the Company will not furnish buses or be paid for services until the resumption of service. The University shall, in such cases, notify the Company twelve (12) hours in advance of the time service is to be resumed. 706 IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed in their respective names and behalf by their duly authorized officers and agents and their respective seals to be hereunto affixed, all as of the-25th day of September , A.D. 1980. TEXAS TECH UNIVERSITY Isl M. Dan Williams Dan Williams Interim Vice -President for Finance and Administration ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga City Secretary -Treasurer 80-39A-706-982 Resolution No. 613 (24) TRANSIT MANAGEMENT COMPANY OF LUBBOCK t Maddox Dwight Maddox, Vice President ACKNOWLEDGED AND AGREED TO only in as far as set out in Section A and B: CITY OF LUBBOCK Bill McAlister Bill McAlister, Mayor Approved as to content: sl John L. Wilson John L. Wilson, Transit Coordina Approved as to Form: Isl Donald G. Vandiver Donald G. Vandiver Assistant City Attorney A resolution accepting paving improvements included in the 1977 Communi Development Paving Program (CDWO 7720), and authorizing final payment to Kerr Construction Company. This is a routine acceptance of paving improvements in the 1977 CD Paving Program (CDWO 7720), and authorizing final payment to contractor. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 613 accepting the paving improvements and to authorize final payment to the contractor. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilv Baker voting Yea; none voting Nay. Eng. /pg RESOLUTION NO. 613 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, the City of Lubbock accepted Bid No. 4549 on February 23, 1978, for C.D.W.O. 7720 and entered into contract with Kerr Construction Company for the making and construction of street and alley improvements on portions of streets and alleys in said City including among others the following: Guava Avenue from its intersection with a line 676.00 feet North of the North property line of E. Broadway to its intersection with a line 990.00 feet North of the North property line of E. Broadway, known and designated as Sub -Unit Number 27 of Unit Number 2234. [I 707 SEP 2 5 1980 AND WHEREAS, the improvements upon the said portions of the abovementioned streets have been inspected and found to have been constructed according to the approved plans and specifications, THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS I. That the improvements on said portions of the abovementioned streets be, and the same are hereby accepted. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney 80-39A-707-983 -Ordinance No. 9015 (25) An ordinance amending Sec. 28.65 of the Code of Ordinances revising trench filling requirements and revising cost billing procedure for paving repairs for utility cuts. The proposed ordinance amends Section 28.65 of the Code to include all types of utilities that may be cut in trenches and alleys and the cost of paving and repairing the utility cut. The recommended schedule for repairs is as follows: 1. Minimum paving -cut size of 50 square feet; the cost of moving men and equipment from one point to the cut to be repaired, plus labor and materials involved in the actual repair. 2. A maximum paving -cut size of 2,000 square feet; this is the largest cut that could be repaired in a typical work day. A cut larger than this would require more than one day to complete involving additional cost. 3. Four -man repair crew at an estimated hourly cost of $27.33. 4. The three types of paving cuts: (a) asphalt only, (b) concrete only, (c) asphalt and concrete. 5. Typical equipment requirements, plus the actual hourly rate cost for each piece of equipment. 6. Cost calculated from minimum and maximum paving cuts; cuts larger than this will be calculated by the City Engineer. 7. Single cost per square foot for each increment of 100 square feet of paving -cut size. 8. Paving cut for brick streets will be considered individually by the City Engineer. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 9015 on first reading, the cost as reflected in the ordinance. Mayor Pro Tem Henry requested that the ordinance be reviewed annually. Councilman Brown amended the motion to reflect the request for an annual review; Councilwoman Baker concurred. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:pc ORDINANCE NO. 9015 708 80-39A-708-984 Consider authorizing Notice to Bidders regarding North Quaker Avenue (26) paving. At the 8:30 Work Session, the Council was apprised by City Engineer Don Jennings of the proposed paving project, which involves the North Quaker Avenue from 16th Street north to Loop 289 at Erskine. Mr. Jennings indicated they had met with officials from Texas Tech University who is the owner of the land adjacent to the needed right-of-way, and their primary concern was that appropriate drainage easements be incorporated into the paving project; these considerations were reflected in the elevations presented by Mr. Jennings. Furthermore, the curb and gutter installation will be required on the east side from 16th to the point of completion; curb and gutter is presently installed on the west side, although the west side of the existing street would need to be resurfacec the intersection of 4th and Quaker would be widened to allow for right - turn lanes; that the intersection would be a 64' thoroughfare, allowing for two lanes north and two lanes south on Quaker; that the project will tie into the State Highway Department right-of-way at Erskine, and points further north are not included because of lack of funds. The proposed construction cost is estimated at $43,000, for which funds have been approved. Additionally, Mr. Jennings indicated that Texas Tech requested the top soil remain with Tech and not with the contractor, as customary. At the Regular Session, the motion was made by Councilman Aderton, seconded by Councilman Brown authorizing the Notice to Bidders regarding the above project. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-708-985 Resolution No. 614 (27) A resolution authorizing the execution of an oil and gas drilling permit. The request is for an oil and gas permit by Barker Exploration Company of California to drill an oil and gas test well to be located on private owned property 660' east of North Guava Avenue, north of the intersectio of Guava and East Erskine Street and Loop 289. The permit is for one year; the appropriate liability insurance, bond and permit fee has been submitted. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 614 authorizing an oil and gas permit to Barker Exploration Company for well site designated as Teal No. 1. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 614 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the CITY MANAGER of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Oil and Gas Drilling Permit to Barker Exploration Company for the well location Teal No. 1, attached herewith which shall be sprea upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September, 1980. ATTEST: Isl Bill McAlister BILL McALISTER, MAYOR Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Denzel Percifull Denzel Perciful, Director of Public Services APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Assistant City Attorney M BARKER EXPLORATION COMPANY ONE MARITIME PLAZA SAN FRANCISCO, CALIFORNIA 94111 415 986-7545 August 28, 1980 City Attorney City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Dear Sir: In accordance with our understanding of Lubbock City Ordinance No. 2939, we herewith apply for approval by the City to drill a test well at a legal location descri as 660 feet North of South line and 660 feet East of the West line of the Northwest Quarter of Section 6, Block A, T.T.R.R. Survey, Lubbock County, Texas. Listed below are important items relevant to the proposed test: Applicant: Barker Exploration Company Dated: August 28, 1980 Operator name: Barker Exploration Company Operator address: 265 Aloca Building, One Maritime Plaza, San Francisco, CA 94111 Proposed site: 660' NSL and 660' EWL, Sec. 6, Block A, T.T.R.R. Survey, Lubbock County, Texas (indicated by red arrow on certified survey plat attached hereto). Surface Owner: C. Wayne Teal, Paul E. Crosnoe, Jr., Route #2, Box 222, Lubbock, TX Mineral Owners: C. Wayne Teal, Paul E. Crosnoe, Jr., Route #2, Box 222, Lubbock, TX; and Manuel M. Styles, et al., Route #3, Box 85, Lubbock, TX 79801 Lease Owners: Barker Exploration Company and Donald F. Todd Brief Description: Approximately 1.5 acres to be involved in drillsite, all cotton land. Nearby buildings: 2,000' away. Type of derrick.:. 131' Wilson, high speed rating 330,000# with 12' substructure. Proposed depth of 5200' - this is a field extension location to well formation: establish production on the Clearfork formation of Lee Harrison Field. Our operations will be subject to inspection by the Texas Railroad Commission and will be conducted in accordance with rules as established by the Railroad Commission. ACCEPTED 25th September, 1980. LUBBOCK CITY COUNCIL B Isl Bill McAlister Bill McAlister, Mayor Respectfully submitted, Isl C. E. Englehart C. E. Englehart Executive Vice President *Note- Plat is attached and filed with original resolution. OIL AND GAS DRILLING PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK The City Council of the City of Lubbock, Texas, hereby approves and grants permission to the BARKER EXPLORATION COMPANY for the drilling of an oil and gas well to be located on the site indicated in the application attached hereto and made a part hereof by reference for all purposes. BARKER EXPLORATION COMPANY, hereinafter referred to as PERMITEE, hereby agrees that each provision of Chapter 19A of the Code of Ordinances of the City of Lubbock will be complied with and that this Permit is issued contingent upon such compliance. This Permit is granted for a period of one(l) year from date of issuance -and as long thereafter as drilling operations continue at the site referred to hereinabove, provided that compliance with the terms of Chapter 19A is maintainted. 710 It is expressly understood and agreed that no drilling operation is commence until such time as a bond in the amount of twenty-five thousand dollars ($25,000) and a certificate of insurance as required by Section and (B) of the Code of Ordinances of the City of Lubbock are filed with Secretary of Lubbock, Texas. PERMITEE agrees to save harmless the City of Lubbock from,and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and or operation of this oil and gas well. GRANTED this 25th day of September,, 1980. CITY OF LUBBOCK /s/ Larry Cunniq Larry Cunningham City Manager BARKER EXPLORATION COMPANY /s/ C. E. Englehart Executive Vice President *NOTE: Certificate of Insurance and Surety Bond are filed,,with original resolution. 80-39A-710-986 Resolution No. 615 (28) A resolution authorizing the Mayor to execute an amendment to the contract with the Texas Department of Community Affairs. TDCA goofed! This resolution is a housekeeping procedure, amending the original contract (Resolution No. 437, 3/10/80) changing the terminology in Section 2-F(2) of the original contract from "State of Texas purchase voucher" to "financial status report (SF-269)". The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 615 amending the original contract as referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 615 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment Number 1 to Contract for Training and Technical Assistance for Weatherization,Assistance for Low -Income Persons, a copy of which is attached herewith which shall be spread upon the minutes of the Counci and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September, 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/Peter Nuckolls Peter Nuckolls, Acting Community Services Supervisor APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney -9 (A) City 711 AMENDMENT NUMBER 1 WE CONTRACT FOR TRAINING AND TECHNICAL ASSISTANCE FOR WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS CONTRACTORS TEXAS DEPARTMENT OF COMMUNITY AFFAIRS M CITY OF LUBBOCK STATE OF TEXAS COUNTY OF TRAVIS SECTION I. The Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department" and - City of Lubbock, hereinafter referred to as "Contractor", do hereby agree and contract to amend their original contract as initially executed by the Executive Director of the Department effective February 1, 1980 for the operation of a Weatherization Assistance for Low -Income Persons Training and Technical Assistance project during the period of February 1, 1980 to November 30, 1980. The total of all payments and other obligations incurred by the Department as given in Section IV of such contract was not to exceed Eighteen Hundred and No/100 Dollars ($1,800.00). SECTION II. The parties hereto agree to amend Section III(F)(2), page 3 of 13, of the contract identified above in Section I, to read as follows: 2. Contractor shall submit to the Department by the 15th of each month, for four (4) copies of the Financial Status Report (SF-269) covering expenditu for the previous month, if expenditures were made. I SECTION III. The parties hereto agree that this amendment shall be come effective on the 15th day of August, 1980. The parties hereto contract and agree that all the terms of the above named contra( and all amendments thereto executed prior to the effective date of this amendment shall remain in effect and shall continue to govern except to the extent that they conflict with this amendment. Nothing in -this amendment shall be contrued as authorizir a violation of federal, state or local laws or regulations as they pertain to such contract identified above in Section I. i By the signing of this amendment, the parties expressly understand and agree that this amendment is hereby made a part of the contract identified above in Section I as though it were set forth word for word therein. WITNESS OUR HAND EFFECTIVE THIS FIFTEENTH DAY OF AUGUST, 1980. Isl Bill McAlister Bill McAlister, Mayor City of Lubbock Approved and accepted on behalf of the Texas Department of Community Affairs. Isl Sid Wieser SID WIESER, Executive Director Texas Department of Community Affairs This contract is not effective until signed by the Texas Department of Community Affairs Executive Director or his authorized designee. REVIEWED BY: DIVISION DIRECTOR: Isl John A. Geistweidt LEGAL DIVISION: Isl FISCAL DIVISION: Isl A. M. Mahrous & Wilbur D. Hol s 712 SE 2 5 19so 80-39A-712-987 Resolution No, 616 (29) A resolution authorizing the Mayor to execute a lease ' agreement with The Lubbock County Hospital District for use of a portion of Fire Station No. 3. In April, 1979, representatives of the Lubbock County Hospital District requested permission to use the facility at 30th and Texas Avenue, formerly used as Fire Station No. 3 for EMS operations. The building will be shared with Parks and Recreation Department for the Golden Gloves Program. In November, 1979 at the Regular Work Session, remodel plans, cost estimates and a proposed rental rate for EMS were presented to the Council, and subsequent to preparation of a lease agreement was authorized at that time. Due to various changes and other matters involving the Hospital District, they are now ready to finalize the above matter. The lease agreement provides for EMS to use 26% of the building; the lease is for a term of 4 years, commencing January 1, 1981 at an annual rental of $1,035, with $199 allocated as rent, plus $136 estimated utility cost for 26% of the building. Following the first two years, the utility portion would be reassessed to reflect the actual cost of utilities based on actual usage; the lessee is responsible for all remodeling and modifications necessary to convert the building into a joint usage facility at lessee's expense, but subject to the approval of the City; the lessee is also required to carry fire and casualty insurance on the property in the amount not less than $100,000; lessee is required to maintain the grounds on which the building is located. The lease can be terminated by expiration of the term stated therein; violation of any of the covenants or conditions of the lease; by either party upon ninety days written notice to the other party. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 616 authorizing the above referenced lease agreement for EMS services. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Councilman Aderton commented that this is a good example of what can be accomplished through cooperation with other governmental entities. ALA: p c RESOLUTION NO. 616 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 lease agreement with the Lubbock County Hospital District for lease of a building on 30th and Texas Avenue which is 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 Resolut as if fully copied herein in detail. Passed by the City Council this 25th day of September Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, Director Community Facilities APPROVED AS TO FORM: /s/ Angela Adams Angela Adams, Assistant City Attorney '".1 713 LEASE AGREEMENT THIS LEASE AGREEMENT is made this 25th day of September , 1980, between the City of Lubbock, acting by and through its duly authorized City representative (hereinafter referred to as "Lessor") and the Lubbock County Hospital District (hereinafter referred to as "Lessee"). WITNESSETH WHEREAS, Lessor owns property at 30th and Texas Avenue and improvements thereon, and WHEREAS, Lessee is desirous of leasing a portion of said property for purposes of operating Emergency Medical Services out of the same, NOW THEREFORE: I. For and in consideration of the terms, conditions, and covenants of this lease to be performed by Lessee, all of which Lessee accepts, Lessor does hereby demise and lease unto Lessee certain property (hereinafter called "leased premises") and certain attendant privileges, uses and rights, as hereinafter specifically set out. A. The property which is the subject of this Lease Agreement is 26% of a building and surrounding grounds located at Lots 3, 4, and 5, Block 2, Texas Avenue Addition in the City of Lubbock. The specific leased area is set forth in Exhibit "A" and "A-l" attached hereto and by this reference made a part hereof. B. Lessee may engage in the operation of Emergency Medical Services and all attendant activities thereto on the Leased Premises. II. The original term of this Lease Agreement shall be for a period of four years commencing upon January 1, 1981; provided, however, that any modifications or prepara necessary for occupation of the Leased Premises by the Lessee may commence upon execution of this Agreement. In consideration of the rights and privileges herein granted, Lessee shall pay to the Lessor an annual rent of One Hundred Ninety -Nine and no/100 Dollars ($199.00), payable quarterly on January lst, April lst, July lst and October lst of each year of the lease term with the first payment of Forty -Nine and 75/100 Dollars ($49.75) being due January 1, 1981. The parties hereto mutually agree that the rental rate will be adjusted upward or downward for each year beginning January 1, 1982, in direct proportion to the fluctuation in the U.S. Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the purposes of computing all adjustments, the Bureau of Labor Statistics Cost of Living Index as of January 1, 1980, shall be construed as the base period. IV. Lessee does hereby covenant and agree to perform the following: A. Pay Lessor a fixed utility fee of Nine Hundred Thirty -Six and no/100 Dollars (,$936.00) annually for the first two years of the lease term. After the initial two years, the utility fee will be re -assessed at 26% of the current utility rates at the time of such re -assessment. Written notice of the re- assessed utility fee shall be given to the Lessee six months prior to January lst of the year in which the re -assessed utility fee will become effective. The utility fee shall be payable quarter on January lst, April lst, July lst and October lst of each year of the lease term with the first payment of Two Hundred Thirty -Four and no/100 Dollars ($234.00) being due January 1, 1981. B. Complete all necessary remodeling and modifications of the leased premises, including but not limited to: installation of partitions, doors, door jams, and locks. Such remodeling will be at Lessee's expense and shall be performed in a good workmanlike manner to the Lessor's satisfaction. Lessee must obtain Lessor's consent to any proposed structural changes prior to the execution of the same. At the expiration of the lease term, Lessee shall have a period of sixty (60) days to restore the building to its original condition, including but not limited to: removing all partitio doors and door jams. Should the Lessee not complete such restoration within the prescribed time period, Lessor may complete such restoration and assess the cost to the Lessee. 714 S E P 2. 5 1980 C. Fully insure the leased premises, naming Lessor as an insured party against all occurrences, including but not limited to vandalism, acts of God, accidents and Lessee's negligence, in an amount of not less than One Hundred Thousand Dollars ($100,000.00). D. Maintain the building and surrounding grounds in a good condition, to the Lessor's satisfaction. E. Provide for at least one employee or other person to remain on the leased premises at all times. F. Furnish to the City of Lubbock satisfactory evidence that it carries Workmen's Compensation Insurance in accordance with the laws of the State of Texas. V. Lessee agrees to indemnify, defend and forever save the Lessor, its authorized agents, representatives, and employees harmless from and against any and all penalties, liabilities, annoyances, or losses resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the Lessee, its agents, servants, guests, employees, or business visitors. VI. Lessee shall not at any time assign, transfer, pledge or sublease all or any part of the leased premises hereunder without the specific written consent of Lessor. VII. This lease may be terminated by (1) the expiration of the term stated hereinabove, (2) upon violation of any of the covenants or conditions of this Lease, (3) by mutual agreement of the parties, or (4) unilaterally by either party upon ninety (90) days written notice to the other party. ATTEST: s ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Jim Weston Jim Weston, Director of Community Facilities LUBBOCK COUNTY HOSPITAL DISTRICT BY: Isl Title: CITY OF LUBBOCK BY: Isl Bill McAlister — BILL McALISTER, MAYOR APPROVED AS TO FORM: Isl Angela Adams Angela Adams, Asst. City Attorn *NOTE: Exhibit "A" and "A-1" are attached to original resolution. 715 SEP 2" 5 19so 80-39A-715-988 (30) 80-39A-715-989 (31) - MO A 04 �4 a) a) o ca C" 4 4 Lr, i C 00 —4 00 Ul) ­4 '47J W 4J DO sow - C 4.4 r-q3 - �4 q W-0 o D Cd Z a% 4"J -H P ::I a UM,--q < Mim ME �4 �4 � 0 1) Q) to Resolution No. 617 A resolution authorizing the Mayor to execute an amendment to the water rate contract with Reese Air Force Base. Director of Water Utilities Sam Wahl indicated this contract is for furnishing water to the Reese Air Force Base on a wholesale basis delivered to one distribution point at the new rate of 62J per thousand gallons, which is adequate until the new wells in the Sandhills Well Field are developed, at which time the contractual water rate will need to be renegotiated. The rates will be retroactive to the first billing cycle after June 4, 1980. The contract does not include metering or customer services and distribution costs to the respective consumers. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 617 authorizing the water rate contract with Reese Air Force Base. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JWF:bs RESOLUTION NO. 617 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute an Amendment to Contract with Reese Air Force Base and/or the United States Goverment covering water rates to be furnished to said Reese Air Force Base by the City of Lubbock. A copy of said contract is attached hereto and made a part hereof for all purposes and shall be spread upon the minutes of the City Council of the City of Lubbock. Passed by the City Council this 25th day of September , 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Guy Wilson Guy Wilson, Senior Civil Engineer, Water Utilities APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney *NOTE: Contract is filed with original resolution. Resolution No. 618 Consider Change Order #3 to contract for reconditioning Southeast Reclamation Plant, and authorize same. This change order is for painting the distributor arms on the trickling filter which was omitted in the specifications; the cost of painting is $1,413; the total amount of the contract is now $411,071. JWF:bs RESOLUTION NO. 618 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is authorized and directed to execute for and on behalf of the City of Lubbock Change Order No. 3 to Phase No. 1 Renovation of Plant No. 1, S.E. Water Reclamation Plant, said change order to be entered into with Anthony Mechanical, Inc., the contractor on said phase of this project, a copy of which change order is attached hereto and made a part hereof. Passed by the City Council this 25th day of September 1980. Isl Bill McAlister BILL McALISTER, MAYOR a 716 S E P 2. 5 1980 APPROVED AS TO CONTENT: Isl Guy Wilson Guy Wilson, Senior Civil Engineer, Water Utilities APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney Change Order No. 3 1 Phase No. 1 Renovation of Plant No. 1 S.E. Water Reclamation Plant G.W.O. 10982 TO: Anthony Mechanical, Inc. P.O. Box 2706 Lubbock, Texas 79408 Original Amount of Contract $ 408,059.00 Change Order #1 1,599.00 Amended Amount of Contract 409,658.00 Original Date of Completion September 16, 1980 Change Order #2 (Additional Time of Completion) 19 weeks Amended Date of Completion January 27, 1981 Change Order #3 $ 1,413.00 Amended Amount of Contract $ 411,071.00 WHEREAS, it is desirable to make changes in the plans and specifi for this project: ions THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the attached exhibits and data, and the Owner and the Contractor agree that the original contract between them shall be modified and amended to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 25th day of September, 1980. Anthony Mechanical, Inc. B Isl Arthur E. Crouk Explanation of Change CITY OF LUBBOCK OWNER By Isl Bill McAlister Mayor ATTEST: Isl Evelyn Gaff RECOMMENDED FOR APPROVAL: Isl Guy W. Wilson Chief Engineer, Water Util Engineering Attachment to Change Order No. Anthony Mechanical, Inc. G.W.O. 10982 Furnishing paint and painting two trickling filter distributors. Each distributor has four distribution arms. The cost of painting is based on one coat of Tnemec coal tar epoxy top coat #A6H413 sprayed wit a dry coat thickness of approximately 16 mils. Breakdown of Change Furnishing paint and labor 10% mark-up Total amount of Change Order $ 1284.55 128.45 $ 1413.00 s 717 80-39A-717-990 Resolution No. 619 (32) A,,resolution accepting water and sewer improvements in Lots 229 through 299, Lakeridge Country Club Estates. This is a routine acceptance of water and sewer improvements. RESOLUTION NO. 619 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 229 THROUGH 299, LAKERIDGE COUNTRY CLUB ADDITION. WHEREAS, the developer of Lots 229 through 299, Lakeridge Country Club Estates Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accor with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $125,289.50 with the improvem( constructed by Holloway Contracting Co. having a value of $117,307.65 as determined by the unit prices established by said Chapter 34, and $7,981.85 cash paid to the City with Larry Teaver, the developer, to receive a refund of deposit in the amount of $354.46, and, WHEREAS, the construction of the said water and sewer improvements was performed, under the supervision of the City Engineer and,..completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of thewaterand sewer system of the City of Lubbock. 2. That a refund of deposit be made in the amount of $354.46. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 1980. Isl Bill McAlister Bill McAlister, Mayor ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Isl Guy Wilson Isl John C. Ross, Jr. for Wilford D. Watson, Chief John C. Ross, Jr., City Attorney Water Utilities Engineer 80-39A-717-991 Resolution No. 620 (33) A resolution accepting water and sewer improvements in Lots 392 through 424, Lakeridge Country Club Estates. I This is a routine acceptance of water and sewer improvements. RESOLUTION NO. 620 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 392 THROUGH 424, LAKERIDGE COUNTRY CLUB ESTATES ADDITION. WHEREAS, the developer of Lots 392 through 424, Lakeridge Country Club Estates, Addition, have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accor- dance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost of the developer is $15,234.37 with the improve- ments constructed by Holloway Contracting Co. having a value of $14,160.80 as determin( by the unit prices established by said chapter 34, and $1,073.57 cash paid to the City, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with,.the City of Lubbock's plans and specifications, is W. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF LUB 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 1980. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED.AS. TO CONTENT: Isl Bill McAlister Bill McAlister, Mayor APPROVED AS TO FORM: /s/ Guy Wilson Isl John C. Ross, Jr. for Wilford D. Watson, Chief Water John C. Ross, Jr., City Attorney Utilities Engineer 80-39A-718-992 Resolution No. 621 (34) A -resolution accepting water and sewer improvements in Lots R-1 through R-43, Fiesta Autoland Addition. This is a routine acceptance of water and sewer improvements. RESOLUTION NO. 621 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS R-1 THROUGH R-43, FIESTA AUTOLAND ADDITION. WHEREAS, the developer of Lots R-1 through R-43, Fiesta Autoland Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements fol said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $23,036.08 with the improvements constructed by Panhandle Construction Co. having a value of $21,382.15 as determined by the unit prices established by said Chapter 34, and $1,653.93 cash paid to the City, with Unicenter Properties, the developer, to receive a refund of deposit in the amount of $20,777.03, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That a refund of deposit be made in the amount of $20,777.03. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 1980. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Isl Guy Wilson for Wilford D. Watson, Chief Water Utilities Engineer /s/ Bill McAlister Bill McAlister, Mayor APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 719 SEP 2 5 The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 618 authorizing Change Order No. 3, as stated above; to pass Resolution Nos. 619, 620 and 621 accepting the respective water and sewer improvements, as stated. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-719-993 Resolution No. 565-A (35) A Supplemental Order and Resolution establishing prior unchanged tariffs of Southwest( Public Service and Lubbock Power and Light as approved tariffs within the City of Lubbock. On July 10, 1980, the Council approved several new electric rates as requested by Southwestern Public Service and LP&L. At that time there were several rates not affected, and these nonaffected rates are on file in the Office of the City Secretary; however, the City Attorney feels as a matter of housekeeping procedures that a suppler order and resolution be enacted so stating those tariffs that remain unchanged. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 565-A. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Council- men Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (The above documents are on file with Resolution No. 565, July 10, 1980, and Ordinance No. 8071, in the Office of the City Secretary.) JCR:cl SUPPLEMENTAL ORDER AND RESOLUTION NO. 565-A A SUPPLEMENTAL ORDER AND RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, SITTING AS A REGULATORY AUTHORITY UNDER V.A.C.S. ART. 1446c, AND AS THE CITY COUNCIL OF THE CITY OF LUBBOCK WITH REGARD TO ELECTRIC RATES CHARGED BY SOUTHWESTERN PUBLIC SERVICE COMPANY AND LUBBOCK POWER AND LIGHT AND WATER, RESPECTIVELY AFFIRMING PRIOR TARIFFS WHICH WERE UNCHANGED BY THE ACTION OF THIS AUTHORITY AND COUNCIL TAKEN AT ITS JULY 10, 1980 MEETING. WHEREAS, the City Council of the City of Lubbock established new electric rates for Southwestern Public Service Company and Lubbock Power and Light and water by an Order and Resolution entered the 10th day of July, 1980; and, WHEREAS, the tariffs attached hereto were unchanged by the action of the City Council above referred to; and WHEREAS, the City Council deems it appropriate to reaffirm the unchanged rates for purposes of clarity so that only those rates as approved by Council action of July 10, 1980, may be increased; NOW THEREFORE: BE IT ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the tariffs attached hereto remained unchanged and shall remain in effect both as to Southwestern Public Service Company and Lubbock Power and Light and Water, and that only those tariffs as approved by Council action of July 10, 1980 may be increased in accord with the Order and Resolution heretofore entered. ADOPTED BY the City Council of the City of Lubbock this 25th day of September , 1980. ATTEST: /s/_Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney Isl Bill McAlister BILL McALISTER, MAYOR and Presiding Officer of the Regulatory Authority tal 720 80-39A-720-994 Resolution No. 622 (37) A resolution authorizing the renewal of a Lease to the Annie Lee Cook Trust for rental of farmland. At the 8:30 Work Session, Director of Aviation Marvin Coffee apprised the Council that this was a continuation of the existing lease, said parcel of land located right across from Guava just east of the east - west runway. The rental is for $300 per year and will terminate in December, 1980. Director Coffee indicated that there is another tract of land comprised of 195 acres, the lease on which will also terminate in December, 1980. Thereby, the two tracts may be combined, which will allow for a better contractual arrangement in the future. At the Regular Session, the motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 622 authorizing the lease renewal on the referenced parcel of land. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:bs RESOLUTION NO. 622 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 Lease Contract with Annie Lee Cook Trust for rental of farmland, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September J�1980. ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Marvin W. Coffee Marvin W. Coffee, Director of Aviation APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Asst. City Attorney STATE OF TEXAS COUNTY OF LUBBOCK Isl Bill McAlister BILL McALISTER, MAYOR KNOW ALL MEN BY THESE PRE LEASE CONTRACT THIS AGREEMENT, entered into at Lubbock, Texas, by and between the City of Lubbock acting by and through the Lubbock International Airport Board, hereinafter called the "CITY" and Annie Lee Cook Trust, P.O. Box 871, Lubbock, Texas, 79408, hereinafter called "LESSEE". WITNESSETH: WHEREAS, the CITY owns and operates a public airport designated as Lubbock International Airport herein called "AIRPORT" and subject to the provisions of Ordinance No. 5114, has authorized its Director of Aviation and/or Airport Manager to execute this instrument subject to approval of the Airport Board; and, S : 721 SEP 2 5 1980 WHEREAS, the LESSEE desires to rent 24 acres of farmland for the following purpose and no other, to -wit: farming, and has requested a license to use said property for such purposes subject to all laws and applicable rules, regulations and ordinances of the City of Lubbock pertaining to the Lubbock International Airport; and, WHEREAS, it is agreed that this lease shall be subordinate to the provisions of any existing or future agreement between the CITY and the United States relative to the operation and maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport; and WHEREAS, all rights, privileges and interests acquired herein by LESSEE, at the option of the CITY, following written notice of thirty (30) days, may be suspended or finally terminated if such suspension or termination is found by the CITY, acting in good faith, to be necessary to secure federal financial aid for the development of the airport, or further development and provision of aeronautical operations thereon; and WHEREAS, the Airport Board has determined that it is in the public interest that the LESSEE should have the privilege of engaging in such activities at the airport; NOW THEREFORE, in consideration of the premises, the covenants and agreements herein contained and other valuable consideration the Airport Board authorizes the LESSEE to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the LESSEE the premises hereinafter described and being: 24 acres of Tract F, part of Section 43, Block A (See Exhibit "A" attached). The term of this lease shall be for 9 months, beginning April 1, 1980 and ending December 31, 1980; provided, however, that Lessee shall have the right to complete the harvesting of any crops remaining in the field at the expiration of this term. The consideration for the foregoing, payable to the City of Lubbock at Lubbock, Texas, shall be: 24 acres at $1.25 per acre cash rent a month for a total of $270.00 for nine months. This license is granted subject to the following provisions and conditions: 1. That the license herein granted is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Lubbock International Airport. 2. The LESSEE shall not make, permit, or suffer any additions, improvements or alterations to the property which constitute any major structural change or changes without prior written consent of the Director of Aviation. Any such additions, improvements or alterations made with the consent of the Director of Aviation shall be solely at the expense of the LESSEE and unless such consent provides specifically that title to the addition or improvement so made shall vest in the LESSEE, title thereto shall at all times remain in the CITY and such additions or improvements shall be subject to all terms and conditions of this instrument. The LESSEE agrees to hold the CITY harmless from mechanic's or materialman's liens arising from any additions, improvements or alterations effected by the LESSEE. 3. LESSEE agrees to indemnify, defend and forever save the Airport Board and CITY, their authorized agents, representatives, and employees, harmless from and against any and all penalties, liability, annoyances, or loss resulting from claims or court action of any nature arising directly or indirectly out of any acts or omissions of the LESSEE, his agents, servants, guests, employees, or business visitors under this agreement. 4. That on or before the date of expiration of this license or its relinquishmen of this license, the LESSEE shall as required by the CITY, vacate said premises, remove all property of the LESSEE and restore the land, improvements, facilities and equipment included herein to as good condition on such date of expiration or relinquis as when received, ordinary wear and tear excepted. If however, this license is revoked the LESSEE shall vacate the premises, remove said property and restore the land, improvements, facilities and equipment included herein as aforesaid within such times as the CITY may reasonably designate. In either event, if the LESSEE shall fail or neglect to remove said property and so restore the land, improvements, facilit and equipment included herein, then at the option of the CITY said property shall either become the property of the CITY without compensation therefore or the CITY may cause the property to be removed, the land, improvements, facilities and equipment included herein to be so restored at the expense of the LESSEE and no claim for damages against the CITY or its officers, agents or employees shall be created or made on account of such removal and restoration. I 5. The LESSEE warrants that it has not employed any person employed by the CITY to solicit or secure this license upon any agreement for a commission, percentage, brokerage, or contingent fee. 6. The LESSEE, its agents and employees will not discriminate against any person or class of persons by reason of race, color, creed, sex or national origin in providing any services or in the use of any of its facilities provided for the public. The LESSEE further agrees to comply with such enforcement procedures as the United States might demand that the CITY take in order to comply with Sponsor's Assurances. LESSEE agrees to not discriminate against any employee or applicant for employmen because of race, creed, color, sex or national origin. LESSEE agrees to take affirmat action to insure that applicants are employed, and that employees are tested during I I je 722 employment without regard to their race, sex, creed, color, or national origin. Such action shall include, but not be limited to employment, upgrading, demotion, or transfer, recruitment, layoff, rates of pay or other forms of compensation or selection for training, including apprenticeship. LESSEE agrees to conduct its activities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) and will assure that no qualified handicapped person shall, solely by reason of his or her handicap, be subjected to discrimination including discrimination in employment. 7. Except with prior written consent of the CITY the LESSEE shall not sublet any part of the premises or assign the license or any of its rights, hereunder. EXECUTED IN TRIPLICATE this 25th day of September. 19 80 ATTEST: CITY OF LUBBOCK: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer APPROVED AS TO CONTENT: Isl Marvin W. Coffee Marvin W. Coffee, Director of Aviation APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Asst. City Attorney BY:-/s/ Bill McAlister - Bill McAlister, Mayor LESSEE: ANNIE LEE COOK TRUST BY:-/s/ Lois Cone Bates Trustee BY: /s/ Betty Lou Petree Trustee *NOTE: Exhibit "A" is filed with original resolution and lease contract. 11 80-39A-722-995 Consider final approval of 1980 tax rolls (38) The assessment values were approved by the Tax Board of Equalization on July 31, 1980; were certified by the School Board at its regular meeting on September 18, 1980, and are now up for consideration and approval by the City Council. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the 1980 Tax Roll as certified by LISD and approved by the Tax Board of Equalization. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 723 SEP 2 5 1980 i 80-39A-725-996 (15) 80-39A-725-997 (16) 80-39A-726-998 (17) 80-39A-727-999 (18) 80-39A-727-1000 (19) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me _In 3 r t v., 1' @ ZCea Notary Public in and for Lubbock County, Texas on this day personally appeared Tv{ Is I:nlanm Rus fl6�Srr flffire Manassnr ers Corporation. p of the Southwestern Newspa- pers poration, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this words A 25t copy oeNo. 444L35at Lubbock County. Texas and the attached print- ed f th—.�_... ,.,. N.��-�- is a true copy of the original and was printed in the Lubbock Avalanche -.Journal on the following dates: September 99 1980 LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this_ day of 19_8p__ va-k�'/Ot"�t FORM 58-10 krik'UYN Pi 'RCE , NrGT'APY PUBLIC in E< for h% Staie c, Texas My Cornrnission Expires Feb. 1, 19-94 724 �.EP 2 5 198�i 80-39A-701-978 (21) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari I Yn Pie rce a Notary P a ock County, Texas on this day personally appeared w $ o some usiness &P� jA `ga�6j of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -,Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has b en publis" ontinuously for more than fifty-wo �jeks prior to the first inirt A. this Leiial NAice . r2T Words `C� � he No. at Lubbock County, Texas and the attached print - Notice ed copy of the s a rue co v o� the nal and was printed in the Lubbock Avalanche-.J urnal Qn th follo ing ates Septtembel 9� 1�f (City o I.ubDoc� P.�. No. I- Z_It �_ V'0'�� Business Office Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 23rddav of September 1980 PA FORM58-10 i, 1984 725 The Council recessed at 10:27 a.m, to reconvene at 10:30 a.m, for the following zone hearings, as published. 80-39A-725-996 Ordinance No. 9009 - Zone Case No. 1820-A (15) Request of Aubrey J. Fouts (for Lubbock National Bank) to change Lot 1, Block 1, *Publisher's Drive -In Subdivision, City of Lubbock, Lubbock County, Texas, from C-2 to C-4 —Zoning Affidavit on District located at 5702 Avenue H). page 723. The Planning and Zoning Commission recommended that this request be approved, subject to the following condition: a. That the use be limited to a new car dealership. In accordance with Notice published September 9, 1980, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: Aubrey J. Fouts, on behalf of Lubbock National Bank The proponent appeared before the Council previously to request a "C-4" zoning change on adjacent properties. This one -lot request at the southwest corner of 57th Street and Avenue H is related to the previous request, and with the presence of the existing "C-4" zoning, which is limited to a new car dealership immediately north, it was the opinion of Planning and Zoning that the same limitation on this one lot seems reasonable. Because of its size, it's hard to imagine that the lot would fit into a new car dealership, however the request is in keeping with the zoning previous: granted. The Planning and Zoning Commission recommends approval of the request subject to the condition as stated. Mr. Jim Bertram, Director of Planning, commented that the above request is already tied to a site plan, previously approved, which incorporated any expansion to this referenced lot. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to approve Ordinance No. 9009, approving the above zoning request, subject to the condition limiting its use to a new car dealership and subject to being tied to the existing site plan as previously approved. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted) SMT:pc ORDINANCE NO.9009 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1820-A; CHANGE LOT 1, BLOCK 1, DRIVE-IN SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C- 2 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDNG FOR PUBLICATION. 80-39A-725-997 Ordinance No. 9010 - Zone Case No. 1993-B (16) Request of Sentry Plaza, Inc. (for Trigon Corporation) for a Specific Use Zone *Publisher's Change, from C-2 to C-2 Specific Use Permit under provisions of Section 22.3-1-1 of Affidavit on the ZoninR Ordinance for a motel on Lots A-2 and A-3, Sentry Park Addition, City of page 723. Lubbock, Lubbock County, Texas (located at 6501 Aberdeen Avenue). The Planning and Zoning Commission recommended this request be approved. In accordance with Notice published September 9, 1980, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: Jack Gaulding, on behalf of Sentry Plaza, Inc. for Trigon Corporation The site is located directly west of the existing Sentry Plaza office building at the southwest corner of Loop 289 and Slide Road. The request for the zone change is for the purpose of building a Granada Royale Motel. The request appears to be properly buffered as there is "C-2" zoning on the east, Loop 289 on the north, "C-3" zoning on the south, and "C-2A" zoning on the west. The proponent displayed a proposed elevation of the structure which appeared most attractive. The Planning and Zoning Commission unanimously approved of this request for a "C-2" Specific Use Permit, as tied to the site plan, as presented. There being no discussion and no opposition, the hearing was closed. 726 SEP 2 5- 1980 The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 9010 on first reading approving the above request, subject to being tied to the site plan as presented. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen B and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 9010 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1993-B; CHANGE LOTS A-2 AND A-3, SENTRY PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 TO C-2 SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-726-998 Ordinance No. 9011 - Zone Case No. 2294 (17) Request of Joe D. McKay (for All Saints School) to change a tract of *Publisher's land out of Section 19, Block E-2, City of ' Lubbock County, Affidavit on Texas, from-2 Zoning `R-1 to C-2 and C-2A and from T to C-2A and A page 723. .�Lubbock, Districts (located at 9801 Indiana Avenue). The Planning and Zoning Commission recommended this request be approve subject to the following conditions: a. That the proposed C-2A tract be changed from R-1 to A-1 Zoning District. b. That the proposed A-2 tract be changed from T to.A-2 limited to church and related uses. In accordance with Notice published September 9, 1980, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Joe McKay, on behalf of All Saints School The above request is actually in four parts as referenced by the proponent and Mr. Bertram, Director of Planning. It consists of a development encompassing approximately 60 acres at the southeast corner of Indiana Avenue and 98th Street involving "R-l", "C-211, 11C- 2A" and "T" zoning situations. The site is bounded by major thorough& on the north and west sides with transitional zoning on the east and south sides. The request is for the construction of the All Saints Church and All Saints School, the school being temporarily located in the Winfrey School facilities at 98th and Indiana. The tract is a gift to the school by Marion Key and his wife. The Parks and Recreati( Board has opted not to accept adjacent properties for the purpose of park development and thus allows the school to keep this portion of the tract. Tract 1 consists of approximately 12.089 acres and the proponent is requesting a change from "R-l" to "C-2"; Tract 2, consisting of 6.112 acres is requested to be changed from "T" zoning to "A-l" zoning; Tract 3, consisting of 4.001 acres, is requested to be changed from "T" zoning to "A-2" zoning, subject to the condition that the use be limited to church and related uses; and Tract 4, consisting of 25.222 acres, is requested to be changed from "T" zoning to "A-2" zoning, subject to that the use be limited to church and related uses. Two- thirds of Tract 4 is above the high water mark and will require cut and fill work in accordance with the Playa Lake Ordinance. Subject to the conditions as stated, this will allow expansion for the school and church as needed. The Planning and Zoning Commission unanimously approved of the above request as stated. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Ordinance No. 9011 on first reading, subject to the conditions as stated above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted.) SMT:pc ORDINANCE NO. 9011 �es AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2294; CHANGE A TRACT OF LAND OUT OF SECTION 19, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 and T TO C-2, A-1, 727 SEP 2 j 1980 80-39A-727-999 Ordinance No. 9012 - Zone Case No. 1511-G (18) *Publisher's Request of Burl W. Masters (for Don Harris) to change Lot 1, The Village Affidavit on — Addition, City of Lubbock, Lubbock County, Texas, from "C-'P'To 'CA" Zoning District page 723. (located a—t54470--. 50th St.). The Planning and Zoning Commission recommended this request be approved, subject to the following condition: a. That it be changed to CA Specific Use tied to CA standards. In accordance with Notice published September 9, 1980, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: Burl Masters Proponent indicated this tract was difficult to develop. The present zoning for "C- 1" allows neighborhood retail; also allows for apartments at a 1:3000 density. The "C-l" zoning was permitted as a neighborhood convenience store to serve the neighborh( residential area within a 1/2-mile radius. The "CA" Specific Use request would reduce the existing "C-l" zoning from approximately 11,000 square feet of retail space to approximately 7,000 of commercial/apartment uses. The "CA" zoning is a new concept for Lubbock, and it was felt by the Planning and Zoning Commission that it was worth giving the developer an opportunity to develop this concept at this locatioi The elevation presented by the proponent reflected apartments being constructed on the second floor with the retail area on the first floor; this is known as a stack concept; the apartments would consist of one bedroom units with rear and second floor entrances, all of which are located over the retail area. Proponent indicated this concept was used frequently and successfully in the Dallas and Houston areas. The retail section would be on the ground level with an east front. The Planning and Zoning Commission did restrict development to be under way within 30 months or the entire request will refer back to "C-1" zoning. These terms and conditions were agreeable to the proponent. There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 9012, subject to the conditions stated above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 9012 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1511-G; CHANGE LOT 1, THE VILLAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-1 TO CA SPECIFIC USE ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVID FOR PUBLICATION. 80-39A-727-1000 Ordinance No. 9013 - Zone Case No. 1256-C (19) *Publisher's Request of Ronald D. Sebring (for Hicks & Ragland Consulting Engineering Company) to Affidavit on - change Lot 1, Block 1, B. C. Wells Subdivision and Lot 5, Block 11, Alta Vista Acres page 723. Addition and a —tract —o-f—land out ofSection6, Block E-2,�City of Lubbock, Lubbock County, Texas, from A-2 Specific Use and R-27to _AM Specific Use Zoning District (located at the northwest and southwest corners of 40th Street and Avenue U). The Planning and Zoning Commission recommended this request be approved. In accordance with Notice published September 9, 1980, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: Ron Sebring, on behalf of Hicks & Ragland Consulting Engineering Company The firm wishes to expand its office facilities to a tract which they now own and are using for off-street parking located at the northwest corner of 40th and Avenue U. The request for "AM' Specific Use is limited to professional offices and would allow for expansion to the existing premises one lot north and the overall developmen would be tied to a site plan, which does provide for adequate off-street parking and appropriate landscaping. Director of Planning Jim Bertram did request some landscaping at the appropriate corners in the off-street parking area, which was agreeable to the proponent. ME •31 There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilman Aderton to uphold P & Z, passing Ordinance No. 9013 on first reading, subject to the request being tied to the "AM" Specific Use site plan. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen B.rown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 9013 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1256-C; CHANGE LOT 1, Block 1, B. C. WELLS SUBDIVISION FROM A-2 SPECIFIC USE TO AM SPECIFIC USE; CHANGE LOT 5, BLOCK 11, ALTA VISTA ACRES ADDITION FROM R-2 TO AM SPECIFIC USE; CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2 , CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO AM SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-728-1001 Consider claims against the City. (39) A. 80-C-387 Jo Dene Ruff $981.98 (for auto damage) The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. B. 80-C-378 Jane Floyd Jackson $264.87 (for plate glass and candlesticks allegedly damaged by City mower) The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. C. 80-C-381 Johnnie R. Berry $2,119.40 (for flood water damage to personal property) The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. D. 80-C-405 Ronald Earl Daniel $228.60 (for alleged sewage backup damage to residence) The motion was made by Councilwoman Baker, seconded by Councilman Aderton to DENY the above referenced claim. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. E. Claim of Jake Diehl Dirt and Paving, Inc. $2,842.50 (for damage done to State Highway work by reservoir overflow at Pump Station No. 8) The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to allow the referenced claim to the amount of $1,140 in return for an executed release from the claimant against all claims against the City in regard to this matter. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-728-1002 Bid No. 5734 for miscellaneous radios and equipment (Radio Shop). (40) Low Bidder General Electric Company, Lubbock, Texas ($58,656.00) 80-39A-728-1003 Bid No. 5972 for fire protection sprinkler system (Tax Office). (41) Low Bidder Falcon Sprinkler Systems, Inc. Lubbock, Texas ($11,775.00) 41 ow MIEW, 80-39A-729-1004 Bid No. 5967 for miscellaneous electric items (warehouse stock). (42) Items 1,3 Westinghouse Electric Supply Company, Lubbock, Texas Items 2,13,14 Fields & Company, Lubbock, Texas Items 4,5,7,9 Temple, Inc., Lubbock, Texas Items 6,11 Nelson Electric Supply Company, Lubbock, Texas Item 10 Reef Industries, Inc., Houston, Texas 80-39A-729-1005 Bid No. 5965 for traffic marking paint (warehouse stock). (43) Low Bidder Ennis Paint Mfg., Inc., Ennis, Texas 80-39A-729-1006 Bid No. 5974 for computer paper (Data Processing). (44) Item 1 Gage Van Horn & Associates, Lubbock, Texas Items 2,3,4 UARCO Business Forms, Lubbock, Texas 80-39A-729-1007 Bid No. 5981 for disk components for Honeywell System (Data Processing). (45) Low Bidder The Computer Place, Brooklyn Heights, Ohio ($9,903.00) 80-39A-729-1008 Bid No. 5977 for one 1/2 ton cargo van (Parks Dept.). (46) Pollard Friendly Ford, Lubbock, Texas ($7,048.04) 80-39A-729-1009 Bid No. 5944 for construction of Transit Building (Transit Dept.). (47) Low Bidder Knox, Gailey & Meador, Lubbock, Texas ($1,066,619.00) Director of Purchasing Floyd Nesbitt appeared before the Council indicating that all the above referenced bids are the low bidders, and all bids meet specifications. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve Bid Nos. 5734, 5972, 5967, 5965, 5974, 5981, 5977 and 5944, referenced above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-729-1010 Resolution No. 624 (48) A resolution authorizing the Mayor to sign a contract with Knox, Gailey, Meador, Inc., general contractors (Bid #5944, above). The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 624 authorizing the contract with Knox, Gailey, Meador, Inc., general contractors. This is in regard to Bid No. 5944, above. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV/pg RESOLUTION NO. 624 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 Standard Form of Agreement Between Owner and Contractor pertaining to City of Lubbock Transit Building between the City of Lubbock and Knox, Gailey, & Meador, Inc. attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Councl. shall constitute and be a part of this Resolution as if fully copied herein in detail. I Passed by the City Council this 25th day of ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl John L. Wilson John L. Wilson, Transit Coordinator September Isl Bill McAlister BILL McALISTER, MAYOR /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney *NOTE: Standard Form of Agreement between Owner and Contractor is filed with original resolution. 80-39A-730-1011 Consider one appointment to the LUBBOCK CIVIC CENTERS BOARD. Mr. Roy (49) Z Roberts has resigned due to a busy schedule. His term expires 7/27/81. This item was TABLED. 80-39A-730-1012 Joe McKay, of BGR Architects Engineers, to appear to recommend acceptan fhe, i _�_t_ (10) new branch library building and to request authority for final pent to contractor. I The Council recessed at 11:45 a.m. to tour the premises at the new Godeke Branch Library, to reconvene following their inspection tour. Ed Lampe was the building contractor for the above referenced building and has completed the work at the new facility located at Leroy Elmore Park on 66th Street and Quaker Avenue. The construction contract is in the amount of $506,203. Architect Joe McKay recommended acceptance of the building following the tour and issued a Substantial Completion Statement effective October 1, 1980, which allows for "beneficial occupancy". Director of Library Bill Stewart indicated that the move from the old facility on 19th Street to the new location would require approximately three weeks for the reason that the stacks and other equipment are to be used at the new location. Chairman of the Library Board Louise Cummins indicated that the Board has scheduled the dedicat, for October 25, at 11:00 a.m., to be followed by an open house for the benefit of all interested citizens. Following the inspection tour and lunch which was served at the new premises, the Council reconvened for the following action on the above matter. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to accept the Substantial Completion Certificate and to authorize final payment to the contractor. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. ,e 731 8 E P 2 5 1980 80-39A-732-1013 (20) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Mari I yn Pie rc a Notary Public in and for Lubbock County, Texas on this day I{ personally appeared Twi I a Fo I somtBusiness Office Manager of the Southwestern Newspa pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sundav, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pprior to the first insertion of this _LeEa I Notice - 77 words (a 25 Per word - $19.25 No. 846549 at Lubbock County, Texas and the attached print- ed copy of the _ Not; is a true copy of the original and was printed in the Lubbock Avalanche -.Journal on the following dates: September 139 1980 (City of Lubbock P.O. No. I-2231) Business Office Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this -4rdday of September 1980__ %dlArMLYN P;EPCE, NOTAPY PUBLIC FORM 58-10 in & for the °.sae of Texas MY Commission Expires ,Feb, 1., 1984 L.::_ / 732 80-39A-732-1013 Hold a public hearing for the purpose of discussing the water rate (20) increase and service for the Yellowhouse Canyon Water System. *Publisher's At 1:35 p.m., the Council reconvened to hold the above referenced Affidavit on public hearing, a Notice of which was published in the Lubbock Avalanch,�- At the 8:30 Work Session, the Council was apprised by City Attorney John Ross that under the rules of Section 42 of the Public Utilities Regulatory Act (PURA), this public hearing was held as a result of a citizen complaint filed regarding the increase of water rates in the Yellowhouse Canyon Water System. City Attorney Ross indicated that according to the Act any proposed increase in water rates was to be filed with the Council 35 days prior to the effective date, said notice to include appropriate publication in the local newspaper; that the City Council is sitting as the Regulatory Authority to consider the testimony to be presented, and their question which they will consider following the submission of all testimony is whether or not the increased rates, which have gone into effect without appropriate notice, are in compliance with PURA; if not, what method of refund, if any, should be charged against the owner; that all claimants are to be allowed sufficient time to submit their testimony, followed by testimon; from the owner, Mr. Travis Martin, to be concluded with rebuttals by both parties. Mr. Martin had requested opportunity to respond to each claim as stated at the public hearing, but by CONSENSUS, it was decided that in the essence of time that Mr. Martin could make notations of the claims and respond at one given time at the conclusion of the allegations made by the citizens. Mayor McAlister called the meeting to order and announced the opening of the public hearing with the Council sitting as the Regulatory Authority to hear the testimony submitted by the residents of the Yellowhouse Canyon Addition, and stated that the ground rules would be as follows: (1) each individual will be allowed to speak on the subject just once; (2) that Mr. Martin had requested permission to address each allegation as presented, but by CONSENSUS at the 8:30 Work Session, the Council agreed to request Mr. Martin to refrain from commenting until all allegations have been made and respond at that time; (3) that both the citizens and Mr. Martin would be allowed to rebuttal time; (4) that each citizen is to come to the podium and to state for the record their name and address. Appearances: Mr. Robert Gibson President, Neighborhood Asiociation, Willie Stewart 2216 East 67th Pearl Brown 4204 East 61st Otis McDaniel 4306 East 60th Willie Barber 4218 East 64th Dan Quellian, Jr. Adjutant, American Legion Booker T. Washington Pos', Martha Gibson Mr. Travis Martin Rt. 5 Box 346B 3A, Lubbock Mr. Gibson testified to the fact that on October 11, 1979, this same As��-ciation came before the Council as the Regulatory Authority to call to their attention some irregularities existing with the operation of the Yellowhouse Canyon Water System, owned and operated by Mr. Travis A. Martin. At that time they alleged there were frequent water outages; that there were progressive rate charge increases; that there were progressive water consumption increases reflected on the customer': water bills without consistent meter readings; that the owner failed to open and operate an office with regular hours and to have at the citizens' availability telephone service through which complaints could be made; and that the owner and operator was indifferent and unresponsive to the problems at that time. Subsequent to this hearing, an Order was entered, whereby the owner Mr. Travis A. Martin was to file with the Regulatory Authority the past and present water rates then in effect; that he was to make available for inspection his records and billing statements reflecting the meter readings and calculations for the water consumption per customer. The records in the Office of the City Secretary reflect that Mr. Martin did not file his rates as ordered by the Regulatory Authority until July 9, 1980. The general text of the complaint stated at the public hearing was primarily related to increase in water rates that had taken place since the public hearing on October 11, 1979, the inconsistencies of the billings and the meter readings reflecting accurate consumption and rate calculations. The quality of the water, although approved by both the local and the State Health Department, is not fit for human consumption, many residents drinking and cooking with Hygeia water, using the system's water only for bathroom and laundry needs. 733 9xiswil Mr. Martin's major response to the complaints was to the effect that frequent outages that had occurred since the last public hearing on October 11, 1979, resulted from power failures over which he has no control; that there is a uniform rate for every customer and there may be a difference in the amount of consumption between customers, the rate for determining the amount of the bill remains uniform; that he has a caretaker by the name of Ben Andrews who is available for any assistant or to receive complaints in the event Mr. Martin is unavailable, and Mr. Andrews knows where to reach Mr. Martin in the event of emergencies or subsequent assistance: that the water system is high in iron and floride content, however, the required samples are submitted regularly to the State Health Department, and the reports for bacteria have also been negative; that he, personally, feels he has complied with the Order of October 11, 1979 to the effect that the Director of Water Utilties or his staff has been permitted to make an appropriate inspection and to monitor the water pressure; that he felt he had supplied with filing of the present rate schedule when responding orally to Councilwoman Jordan who was a member of the Regulatory Authority Body at the time of the hearing; that he has allowed the Internal Auditor and his staff to peruse his business records, and the allegation that he has failed to submit them, subsequent to their initial inspection, came after he had received word that this public hearing was to be held and he did not feel he was so ordered to do so under the circumstances. Mr. Martin responded to Council query as to his method of reading the meters, his method of entering this information on his ledger cards and determining the calculations, the type of meter now in existence, both the old piston -type and the newer Hayes model which is more accurate. ' Mr. Martin gave the historical background of acquiring the system from the Estate of Dr. V. V. Clark who built the system in 1962; that Mr. Martin acquired the system in February, 1977 from the Estate. City Attorney John Ross submitted Exhibit A for the record, which was a copy of the Order prepared and signed by Mayor Dirk West; Exhibit B, which is a letter to Mr. Martin from the City Attorney's staff Mr. Mick McKamie dated June 10, 1980 regarding the alleged violations of the Order; Exhibit C, which is a handwritten rate schedule filed by Mr. Martin with the Office of the City Secretary on July 9, 1980; and a transcript of the October 11, 1979 proceedings, which is designated as Exhibit D. Additionally, testimony was made by Mr. Rod Bouffard, the Internal Auditor who made the inspection of the books, said report being on Tile with the other documents and the proceedings. Mr. Bouffard indicates in his report Mr. Martin's lack of cooperati in submitting the ledger cards from which they could determine the method of water consumption and calculations made from which the billings to the individual customer were prepared. Prior to summation, ' Rick Childers, Administrative Assistant in the City Manager's Office, reported of his inspection and findings after the complaint had been filed by the Yellowhouse Canyon Neighborhood Association. Rebuttal was then allowed by various members of the Association as well as Mr. Martin in accordance with the Act. Following all discussion, the hearing was closed at 3:30 p.m. After the closing of the hearing, Mayor McAlister asked City Attorney John Ross for his observations and/or recommendations. City Attorney Ross indicated that it was his observation that the utility system, owned and operated by Mr. Martin, had failed to comply with PURA regarding the intent to effectuate a rate increase and failed to inform the Regulatory Authority of his intent; he likewise failed to publish, as stated in the Act, at least 35 days prior to the effective date, said increase; Mr. Martin likewise failed to file in a timely manner the rate schedule as ordered by the Regulatory Authority following the October 11, 1979 hearing; all of the above are in noncompliance with Section 42 and Section 43 of the Act. The alternatives available to the Regulatory Authorityar.e. that an Order be served on Mr. Martin indicating the Regulatory Authority's action or decision on this matter; or, an Order could be issued immediately requiring a cash refund to the 63 customers for those rates illegally effectuated without appropriate notice or intent; or, an Order allowing a monthly credit for that sum in excess to the approve rate, said credit to be allowed against future billings. If the Council orders additional service requirements, these requirements would be legal reasons for increased rates. The action allows that an owner of a utility system is entitled to recoup a fair rate for capital improvements and authorization to correct service needs or to allow capital improvements form a part of the rate base. It is the responsibility of the Regulatory Authority from the testimony as presented to determine these matters to be reflected. Furthermore, it is the recommendation of the City Attorney that the hearing be continued and that an Order be sent to Mr. Martin to bring in the books for the Internal Auditor to inspect and to prepare subsequently a report to be presented to the Council; that upon conclusio of the examination of the books, the Council should reconvene to sign the appropriat Order stating their decision and action on this matter. The motion was made by Councilman Aderton to study the testimony presented at this hearing, and subject to the receipt of the records from Mr. Martin, and to review the matter before making a decision at some future date as to how to refund the overcharge to the customers. The motion was seconded by Councilman Brown. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. )n JCR:cl CITY COUNCIL OF THE CITY § OF LUBBOCK, TEXAS § REGULATORY AUTHORITY § INTERIM ORDER In public hearing at the City Council Chamber of the City of Lubbock, Texas, the City Council of the City of Lubbock, sitting as a public utility regulatory authority, enters the following order applica to the Yellowhouse Canyon Water System, a water utility situated within the City of Lubbock, Texas: 1. That, pursuant to Section 29(a) of the Public Utility Regulat Act, Mr. Travis Martin, Owner and Operator of Yellowhouse Canyon Water System, is hereby ordered and directed to deliver to the Finance Officer of the City of Lubbock all billing records maintai by Mr. Martin on behalf of the Yellowhouse Canyon Water System. 2. That further the billing records submitted as above ordered shall contain all billing information on each account from January 1, 1979 through the present billing cycle. 3. That the Finance Officer review all billing records received by him from Mr. Martin and report to the City Council, sitting as the Regulatory Authority, as to what charges were made on each account and what rates were used by Mr. Martin as the basis for such charges. 4. That Mr. Martin is further ordered to deliver the billing records referred to in paragraphs 1 and 2 to the City Finance Officer within ten days of the receipt of this Order. 5. That once the City Finance Officer has completed his report on each billing account within the Yellowhouse Canyon Water Syst he shall so notify the City Secretary who shall then set this matter on the next agenda of the City Council for conclusion and appropriate action. 6. That the hearing of September 25, 1980, is hereby continued until such time as necessary to comply with the requirements of paragraph 5 above. Issued at Lubbock, Texas, on this the 25th day of September, 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney There being no further business, the motion was made by Councilwoman Baker, seconded by Councilman Brown to adjourn at 3:45 p.m. Motion cal Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. �Ivc McALISTER, MAYOR ATTEST: Evelynf'f,i'a,'City,//cr,e(Yary-Treasurer ME Iry A91 pied: BILL McALISTER, MAYOR ATTEST: