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)
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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
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pied:
BILL McALISTER, MAYOR
ATTEST: