HomeMy WebLinkAboutMinutes - City Council - Regular - 3/12/1981174
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 12, 1981
At 8:43 a.m., the Mayor announced that an Executive Session would be held for
the purposes of considering land acquisition and personnel matters; this
announcement is in accordance with Section 2-F, Art. 6252-17, V.A.T.S.
The City Council of the City of Lubbock, Texas, met for its regular meeting
Thursday, March 12, 1981, at 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.
81-40-174-242 The invocation was given by Mayor McAlister.
( 1)
81-40-174-243 Pledge of Allegiance to the Flag was given in unison by those present in the
( 2) Council Chambers.
81-40-174-244 Approval of Minutes: Regular Meeting, February 26, 1981
( 3)
The motion was made by Councilman Aderton, seconded by Councilman Brown to
approve the above referenced minutes. Motion carried: Mayor McAlister,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting
Nay; Mayor Pro Tem Henry absent from Council Chambers.
Citizen Appearances
81-40-174-245 Board Appointments
4)
Citizens Advisory Commission
Chairman: Dirk West
Everett Abernathie
Bill Anthony
Buddy Barron
Anita Bass
Russell Bean
David Collier
Al Couch
Ms. Preble Davis
Dr. R. C. Douglas
Gilbert Flores
Owen Gilbreath
Betty Wheeler
Joe Horkey
Mrs. Hoyle Moss
Charles Hunter
Jack Kastmann
Mary McBride
Mrs. Peck McMinn
Duane McQueen
Harry Mayes
Thelbert Miller
T. J. Patterson
Eddie Richardson
Loyd Sanders
Dr. Ray Santos
Jim Schiermeyer
0. V. Scott
Raul Sepeda
Mrs. Madison Sowder
John Wilkerson, Jr.
Im
Proclamations
81-40-175-246
"Nutrition Month" - March, 1981
5)
Receiving: Patricia Smithee
and her kindergarten class
81-40-175-247
"Rodeo and Beard -Growing Month" - March, 1981 (Presented by Mayor
6)
Pro Tem Alan Henry)
Receiving: Mike McCasland
Don Stringer
Wesley Strength
and other members of American Businessmen's Club
81-40-175-248
"White Cane Day" - March 21, 1981 (Lions Club)
7)
Receiving: Jere Smith, District White Cane Chairman
Keith Po_K, President of Local Eye Bank
81-40-175-249
"Camp Fire Birthday Week - March 22-28, 1981
8)
Receiving: Fifth Grade Club from Wheelock Elementary
Mrs. Bryan Barnes, Leader
81-40-175-250
"Employ the Older Worker Week" - March 8-14, 1981
9)
Receiving: Edward S. Marlowe, National Retired Teachers Association,
American Association of Retired Persons
81-40-175-251
"Poison Prevention Week" - March 15-21, 1981
(9A)
Receiving: Amy Taylor, Staff Pharmacist at Methodist Hospital
81-40-175-252
Airman of the Month of January, 1981
(10)
AlC Abdelkade Maanoui
81-40-175-253
Lonnie Hollingsworth to appear to present recommendations for Electric Utilities Board:
(11)
a. Financing of capital improvements program.
b. Authorize procedures recommending issuance of electric
revenue bonds.
c. Resolution No. 741
Agreement with First Southwest Company for financial advisory
services related to Electric Revenue Bonds, and authorize same.
At the 8:30 a.m. Work Session, Carroll McDonald, Director of Sales and Service for LP&L,
apprised the Council of the proposed plans that have been considered by the Electric Utilities
Board, resulting in the recommendations. The major approvement include the expansion of the
Transmission System ($4,500,000) and the expansion of the Distribution System ($4,500,000).
Number 1 priority is to expand Co-op Substation as well as Chalker and Vicksburg Substations
to meet peak -season needs, estimated at $1,250,000.
Priority #2 is to construct a 115KV Transmission Line in the area of 50th Street and East
Loop 289 to Power Plant #2, to relieve overloading of the Mackenzie Substation to serve
Northeast Lubbock better; this is an estimated cost of $3,050,000.
Priority #3 is to improve the computer facilities and substation remotes to expedite relay
coordination operation and switching response time in all emergency conditions, at an estimated
$220,000.
The expansion of the Distribution System will serve both old and new areas, and it is recommends
by the Board that the 1970 Long -Range Plan be updated to guarantee maximum utilization of
finances and resources. The amount requested is approximately 5% of LP&L's revenues for the
next five years.
The Finance Office has reviewed the matter and has determined that the $9,000,000 can be
financed through the issuance of revenue bonds (expansion of the Transmission System), and
the improvements to the Distribution System can be financed through the existing rate change.
Mr. Joe Smith, representative of the First Southwest Company, Dallas, apprised the Council of
the current bond market, giving a statistical overview of the projections as related to the
bonds; that under the Revenue Bond Act the issuance of these bonds, utilizing the normal
validation proceedings, could be implemented, or, an election could be held requesting the
voters' approval for the issuance of the referenced bonds.
176
During the discussion at the Work Session, Councilman Brown indicated that he
thought the Council was being asked to respond to these issues too rapidly, as
they had only had the documentation in their possession for a few days, whereas
the Board had been contemplating these matters from two to six months, and it
was a decision of great magnitude. It was his opinion that the matter should
not be considered on this date, but resubmitted at the March 26, 1981 meeting.
Councilwoman Baker responded that while it was a decision of great magnitude,
it was essential that in the interest of the citizens for the City of Lubbock
that these issues be addressed at this time. However, she did suggest that in
the future such monumental projects should be subject to a Council Work Session
prior to consideration. However, in the interest of time and in the interest
of the Lubbock citizens, she felt that this matter needed to be considered on tl
date and a delay would be detrimental.
At the Regular Session, Mayor McAlister indicated the points that were to be
considered by the Council were to accept the recommendations, as stated above,
of the Utility Board and authorize that the necessary proceedings be instigated.
What this means is that a resolution will need to be considered by the Council
at a subsequent date (3/26/81) authorizing the procedures to advertise and the
other necessary documents as prepared by the Bond Attorneys, to be followed by
the appropriate ordinance issuing the stated Revenue Bonds, and authorize
entering into an agreement with First Southwest to perform these related duties.
Lonnie Hollingsworth, on behalf of the Electric Utilities Board, and Lee Stafford
Vice -Chairman of the Electric Utility Board, appeared before the Council in
Regular Session to urge their favorable consideration; that LP&L is competitive,
it is growing, it is currently having 49% of the business in the City, and it
is the Board's desire to be Number One in this business.
Following all discussion, the motion was made by Councilman Brown to table this
matter to allow time for the Council to study all the documentation and to
reconsider it at the Regular Council Meeting (3/26/81), making a decision at
that time. The motion died for lack of a second.
The motion was then made by Councilwoman Baker, seconded by Mayor Pro Tem. Henry
to accept the recommendations of the Electric Utility Board, as stated above,
authorizing the Capital Improvements Program as presented, authorizing the
initiation of the procedures required for issuance of Electric Revenue bonds,
and to pass Resolution No. 741 authorizing the agreement with First Southwest
Company to provide financial advisory services. Motion carried: Mayor McAlister,
Mayor Pro Tem. Henry, Councilmen Brown and Aderton and Councilwoman Baker voting
Yea; none voting Nay.
DGV:cl
RESOLUTION NO. 741
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 Financial
Advisory Contract between First Southwest Company and the City of Lubbock in
connection with Electric Light and Power System Revenue Bonds, attached here-
with 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 12th day of March 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
/S/ J. Robert Massengale
J. Robert Massengale, Finance Director
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, First Asst. City Attorney
177
0
FINANCIAL ADVISORY CONTRACT
Date March 12, 1981
To: The Honorable Mayor and
CityCouncil
Citv of Lubbock
Lubbock, Texas
Gentlemen:
1. We understand that you are contemplating the issuance of securities of the kinds, in
the amounts, and for the purposes indicated as follows:
$9,000,000 Electric Light and Power System Revenue Bonds,
and that in connection with the issuance of these securities you desire this proposal from us
to perform professional services in the capacity of Financial Advisor for the City of Lubbock,
Texas (hereinafter called "Issuer").
2. By this proposal we offer our professional services and our facilities as Financial
Advisor for the :,issuance and sale of the above -described securities, and in that capacity
we agree to perform the following duties, and to perform such other duties, as, in our
judgment, may be necessary or advisable:
a. We will make a survey of the financial resources of the Issuer to determine the
extent of its borrowing capacity. This survey will include an analysis of
the existing debt structure as compared to existing and project sources of
income which may be pledged to secure payment of debt service, and where
appropriate,will include a study of the trend of the assessed valuation of
the Issuer, the Issuer's taxing power, and the present and estimated future
taxing requirements. If the revenues of a system or facility are to be pledged
to repayment of the securities in question, the survey will take into account
any outstanding obligations which are payable from the net revenues thereof,
additional net revenues to arise from any proposed rate increase, and the
additional net revenues as projected by your consulting engineers as a result
of the improvements to be financed by the securities in question. We will
also take into account your future financing needs and operations as projected
by your staff and/or your consulting engineers and other experts.
b. On the basis of the information developed by the survey described in the above
and foregoing paragraph, and on the basis of other information and experience
available to us, we will submit our written recommendations on the financing
in question. Our plan will include recommendations as to the date of issue,
interest payment dates, schedule of principal maturities , options of prior
payment, and any other necessary additional security provisions designed to ma
the issue more attractive to investors. All recommendations will be based
on our best professional judgment, with the goal of designing securities
which can be sold under terms most advantageous to Issuer, and at the lowest
interest cost consistent with all other considerations.
C. We will advise you of current bond market conditions, forthcoming bond issues,
and other general information and economic data which might normally be
expected to influence the interest rates or bidding conditions, so that the
date for the sale of the securities can be set a time, which, in our opinion,
will be favorable.
d. If it is necessary to hold an election to authorize the securities, we will,
under the direction of the bond attorneys, assist in coordinating the assembly
and transmittal to the bond attorneys of such data as may be required for
the preparation of the necessary petitions, orders, resolutions, notices and
certificates in connection with the election.
e. We will coordinate the preparation and submission of the Official Notice of Sale
the Official Statement or Offering Statement, and such other market documents
which you may require. We will also supervise preparation of the uniform bid
form, containing provisions recognized by the municipal securities industry
as being consistent with the securities offered for sale. We will submit to yol
all such offering documents, including the Official Statement, for your proper
examination, approval and certification. After such examination, approval
and certification we will furnish you with a supply of such documents and
shall mail a set of the same to a list of prospective bidders, a copy of which
list shall be submitted to you upon request. We will also supply sufficient.. -col
of the Official Statement or Offering Statement to the purchaser of the securit:
in accordance with the terms of the Notice of Sale.
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RM
f. We will make recommendations to the Issuer on the matter of bond
rating(s) for the proposed issue and when directed by you shall
coordinate the preparation of such information as in our opinion
is required for submission to the rating agency (ies). In those
cases where the advisability of personal presentation of informat
to the bond rating agencies may be indicated, we will arrange for
such personal presentation.
9. If the securities are to be sold at public sale we will disseminat
information to prospective bidders, we will organize such informat
meetings as in our judgment may be necessary, and will work with
prospective bidders to assist them in timely submitting proper big
We will assist you at the bond sale for the purpose of coordinatir
the receipt of bids, and the furnishing of good faith checks
where indicated,, and for the purpose of tabulation and comparison
of bids, and will advise you as to the best bid, and will provide
our recommendation as to acceptance or rejection of such bid.
A s soon as a bid for the bonds shall be accepted by you, we
will proceed to coordinate the efforts of all concerned to the
end that the bonds may be delivered and paid for as expeditiously
as possible. Should the bonds be eligible under Texas laws for
purchase by the State Board of Education, the Financial Advisor
will be responsible for the preparation of an Application for
Purchase or Waiver and its timely submission to the Board. We shy
assist you in the preparation or verification of final closing
figures, and when requested, will provide suggestions on a
program of temporary investment of bond proceeds, in consultation
with the Issuer's architect or consulting engineer, consistent wit
the construction timetable for the project.
h. We will act as your agent in arranging for the printing of the
securities , and will submit same for execution and impression of
seal, and we will attend to their delivery to the Attorney General
for approval and the Comptroller of Public Accounts for registrat'
it being understood that title to and ownership of the printed
securities shall be in the Issuer until they are sold and deliver(
to the purchaser.
After closing we will deliver to you and your paying agent(s) definitive
debt records, including a schedule of annual debt service requirements on the
obligations being delivered to the purchaser.
3. We agree to direct and coordinate the entire program of financing herein
contemplated. In that connection we understand that you have retained or expect
retain Dumas, Huguenin, Boothman and Morrow, Dallas, Texas, a firm of recognized
municipal bond attorneys, who will prepare the -proceedings and advise the steps
necessary to be taken to issue the securities and who will issue an opinion
approving their legality. We will maintain liason with this firm of bond attornE
and shall assist in all financial advisory aspects involved in the preparation
of appropriate legal proceedings and documents.
Where the:.issuance and sale of the securities, and construction of the proj
in question, requires the approval of any state or governmental agency, we shall
assist you in the preparation of all financial information required for inclusio
in applications for such approval, and when .,requested by you, shall appear on
your behalf to provide appropriate testimony at public hearings before state and
other governmental commissions and boards. We will also be available to partici
with you in any preliminary conferences with the staffs of any state or
governmental agencies involved, and we will, for qualified projects, coordinate
the preparation of financial assistance applications required for state involvem
4. In consideration for the services rendered by us in connection with t
issuance and sale of the above -described securities it is understood and agreed
that our fee will be as follows:
For each installment of bonds sold and delivered to the purchaser:
$3,750.00,
plus $6.50 per $1,000 up to $ 500,000 or a total of $7,000 for $500,000 Bol
plus $6.00 per $1,000 next $ 500,000 or a total of $10,000 for $1,000,000
plus $3.50 per $1,000 next $1,500,000 or a total of $15,250 for $2,500,000
plus $2.50 per $1,000 next $2,500,000 or a total of $21,500 for $5,000,000
plus $2.25 per $1,000 next $4,000,000 or a total of $30,500 for $9,000,000
plus 20% for revenue bonds.
(the fee for $9,000,000 bonds sold in one installment would be $36,600.00)
In consideration of the above fee we will assume and be responsible for the folly
expenses:
1. All travel and communication expense of First Southwest Company.
2. Bond attorneys' fees and charges.
3. Bond printing.
4. Cost of reproduction in our offices of the Official Notice of Sale,
the Official Bid Form and the Official Statement, and the mailing of
these documents.
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to
t.
s;
onds;
onds;
onds;
onds;
Note: Election costs including costs of publication of legal notices, fees
of election officials, election supplies and ballots and the cost of
179
Y. •3
Our fee and reimbursable expenses shall become due and payable simultaneously with the
delivery of the securities to the purchaser.
5. In the event any bond election be necessary, if such election shall fail, the fee
due us shall be nothing; however, should the same or similar propositions again be submitted
to election held within 24 months from date hereof, then at our option the agreement covered
by this proposal shall apply to any such securities.
6.. It is further understood and agreed that we reserve the right to submit a bid for the
securities when offered for sale.
7. This agreement shall be terminated by the delivery to the purchaser of all the secur
covered hereby, whether delivered all at one time, or in installments.
8. SPECIAL CONDITIONS. In addition to the terms and obligations herein contained, this
proposal and agreement is subject to the following special conditions:
The City agrees to pay the cost of bond ratings from Moody's Investors
Service, Inc., New York, New York, and Standard & Poor's Corporation,
New York, New York, and the expenses of travel of City officials to
New York.
9. This proposal is submitted in duplicate originals. When accepted by Issuer it will
constitute the entire agreement between Issuer and the undersigned for the purpose and
considerations herein specified. Your acceptance will be indicated by proper signatures of
your authcrited officers or representatives on both copies and the returning of one executed
copy to us;
Respectfully submitted,
First Southwest Company
B ISI Joe W. Smith
Authorized Representative
A C C E P T A N C E
ACCEPTED pursuant to a motion adopted by the City Council of the City of Lubbock, Texas
on this 12 of March, 1981.
/S/ Bill McAlister
Title Mayor, City of Lubbock, Texas_
ATTEST:
/S/ Evelyn Gaffga
Title City Secretary, City of Lubbock, Texas
(SEAL)
81-40-179-254 Ordinance No. 8159
(12)
An appropriation ordinance for electrical tie-ins for twelve wells in Sandhills Well field.
ORDINANCE NO. 8159
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 Project Fund
The sum $35,000.00
es
R
MAP,
81-40-180-255
(13)
81-40-180-256
(14)
81-40-180-257
(15)
For the following purpose:
Electrical tie-ins for 12 wells in Sandhills Well Field.
W.W.O 11548
Passed by the Council on first reading this 26th day of February, 1981.
Passed by the Council on second reading this 12th day of March , 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
VERIFIED BY: /S/ J. Robert Massengale
FINANCE OFFICER
APPROVED BY: /S/ Wilford D. Watson, Water
HEAD OF DEPT. DEPT�
Ordinance No. 8156 - Zone Case 1852-B
An ordinance requesting changing the west 160' of the east 300' of Lot 1,
Ellwood Place Addition, to delete conditions imposed by Ordinance No. 6523
pertaining to a screening fence requirement.
(no site plan submitted)
SMT:pc ORDINANCE NO. 8156
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. 1852-B;
CHANGE THE WEST 160 FEET OF THE EAST 300 FEET OF LOT 1, ELLWOOD PLACE ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO DELETE THE CONDITIONS IMPOSED BY
ORDINANCE 6523; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE
CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDNG FOR PUBLICATION.
Ordinance No. 8157 - Zone Case 2317
An ordinance requesting change of Lot 5, Alford Addition, from R-1 to A-2 zoning
(1706 Slide Road), subject to the following conditions:
a. that it be limited to church and church related uses;
b. that the required parking be met at the time the building permit
is taken out.
(no site plan submitted)
SMT:pc
ORDINANCE NO. 8157
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. 2317;
CHANGE LOT 5, ALFORD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-
1 TO A-2 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
PROVIDING FOR PUBLICATION.
Ordinance No. 8161 - Zone Case 2178-A
An ordinance requesting specific use zone change from R-1 to R-1 Specific Use
Permit under provisions of Sec. 22.3-1-7 of the Zoning Ordinance for zero lot
line houses on tracts of land (Lots 16 - 21 and Lots 10 - 15), High Country
Addition, subject to the following condition:
a. that the one story units may go within 10' of the rear property
line.
Util.
(no site plan submitted)
SMH:pc
ORDINANCE NO. 8161
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
181
MAR i2 1981
81-40-181-258
(16)
Ord. 8158 (3/12/81) amended
Ord. 6858(3/14/74)
81-40-181-259
(17)
81-40-181-260
(18)
81-40-181-261
(19)
ZONING DISTRICT; SUBJECT TO CONDITIONS; 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.
Ordinance No. 8158
An ordinance amending Sec. 29-4G of the Code regarding dedication of lake areas.
DGV:pc
ORDINANCE NO. 8158
AN ORDINANCE AMENDING THE LANGUAGE OF SEC. 29-4G OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK, TEXAS, WITH REGARD TO DEDICATION OF LAKE AREAS WITHIN THE CITY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
ORDINANCE NO. 8160 amended
Ordinance No. 8160 by Ord. 8338-(7/8/82)
An ordinance amending Sec. 18-3 of the Code of Ordinances, pertaining to permits for parades,
demonstrations and recreational street uses.
DGV:pc
ORDINANCE NO. 8160
AN ORDINANCE AMENDING SECTION 18-3 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, WITH REGARD TO PERMITS FOR PARADES, DEMONSTRATIONS AND RECREATIONAL STREET USES
WITHIN THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE: PROVIDING A PENALTY; AND PROVIDING
FOR PUBLICATION.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance
Nos. 8159, 8156, 8157, 8161, 8158 and 8160 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.
Set the date and time for the final public hearing on General Revenue Sharing Entitlement
Period XII budget.
Pursuant to the guidelines, a second public hearing to consider proposed uses for the
General Revenue Sharing funds, Entitlement XII, is to be held to allow interested citizens
the opportunity to comment on the proposed items.
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to hold the
second public hearing to consider the above referenced funds on March 26, 1981 at 2:00 p.m.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay.
(An itemized list of proposed uses will be filed with the City Secretary at the time of the
public hearing.)
Consider request of Kerr Construction Company for West Texas Sign Company to pave the North
one-half of East 48th Street from Quirt Avenue West 457'.
At the 8:30 Work Session, Councilwoman Baker raised the question of the similarity between
the above referenced matter and the request of Mr. Basil Webb sometime previously to pave
one-half of the street, Mr. Webb's request being denied.
At the Regular Session, City Manager Larry Cunningham responded to this .inquiry to the
effect that in Mr. Webb's situation, the other half of the street he requested to pave was
owned by the Lubbock Independent School District and they had not dedicated that portion of
the street, which could be included in the paving Mr. Webb wished to do without cost;
therefore, Mr. Webb was required to pave the entire amount at his own expense. In essence,
this is to say it is a matter dedicated vs. nondedicated property as required for full -
width paving.
West Texas Sign Company is opening a new location at East 48th Street and Quirt which will
require considerable heavy truck traffic.
Mr. Mark Griffin, co-owner of the West Texas Sign Company, appeared before the Council to
reiterate their request indicating that the adjacent property owners had been contacted,
without response, and in accordance with Section 28-91(d), requested permission to pave
one-half of the above referenced street. Under these provisions only 50' of right-of-way
exists in this subdivision resulting in a 36' width of paving, one-half of which is.18'
that West Texas Sign Company will absorb the cost for paving.
There being no opposition and no discussion, the motion was made by Councilman Brown,
seconded by Mayor Pro Tem Henry to approve the above request for one -half -width paving on
East 48th Street. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown
and Aderton and Councilwoman Baker voting Yea; none voting Nay.
182
MAP
81-40-182-262
(20)
Resolution No. 742
A resolution accepting paving and drainage improvements in Richmond Place
'Addition, Lots 1 - 7 (Harold Stotts, Earth Moving Contractors, Inc.).
This is a routine acceptance of drainage channels and payment adjustments in
the referenced subdivision situated at 58th Street and Richmond Avenue extending
south to 60th Street and Raleigh Drive. There are no costs to the City involved.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to
pass Resolution No. 742. Motion carried: Mayor McAlister, Mayor Pro Tem
Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none
voting Nay.
RESOLUTION NO. 742
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW:
WHEREAS,, in conformance with the paving requirement provisions of City
Ordinance 1331, the subdivider of Richmond Place Addition, Lots 1-7 made arrange-
ments with Harold Stotts Earth Moving Contractors Inc. for the construction of
paving improvements on a certain street dedicated in said subdivision under the
provisions of said Ordinance prior to the recording of the subdivision plat of
Richmond Place Addition, Lots 1-7 including the following street:
Richmond Avenue; Various Drainage Channels, Alley Returns, and Removal of
Street Stub Known and Designated as New Subdivision Sub -Unit Number 70 of Unit
Number 2027.
AND WHEREAS, the construction of the above improvements on the abovementionEi
street was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the
provisions of City Ordinance 1331.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS.
If
That the improvements on said portions of the abovementioned street be and
the same are hereby accepted and the City Engineer be and he is hereby authorizec
to direct the payment of the City's portion ofthe cost (and to release escrow
money)•
II.
This resolution shall take effect and be in force from and after its pass
PASSED AND APPROVED THIS 12TH DAY OF MARCH, 1981.
/S/ Bill McAlister
Bill McAlister, Mayor
ATTEST:
/S/Evelyn Gaffga
Evelyn Gaffga, City Secretary
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John Ross, Jr., City Attorney
*Note: Attached to original resolution are: Consolidated Final Estimate,
Cost Estimate, and Consolidated Final Estimate.
183
77Y
46
MAR
8162
'i ordinance correcting paving assessment (Paving Ord. #4970).
Assessment Ordinance No. 4970, approved by City Council March 31, 1966, assessed
6, Block 15, Hillcrest Resubdivision. The records reflect that the ownership was
le west 55' of Lot 6, Block 15 (southeast corner of 37th Street and Wayne Avenue).
of the property are now in the process of selling the property and this irregularit
ed. The City Attorney suggests the appropriate manner of remedying the erroneous
ription of the property, which is recorded in the Deed Records, is by correction
'3
n was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance
M
2on emergency measure. Motion carried: Mayor McAlister, Mayor Pro Tem Henry,
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
ORDINANCE NO. 8162
ORDINANCE AUTHORIZING THE CORRECTION OF ERRORS IN THE PAVING ORDINANCE NO. 4970 AS
PASSED ON MARCH 31, 1966, AUTHORIZING THE ISSUANCE OF NEW CERTIFICATES OF ASSESSMENT:
A IqT) MORIZING THE CITY SECRETARY TO NOTE THE CHANGE MADE BY THIS ORDINANCE: AND DECLARING
I
AN EMERGENCY AND THE EFFECTIVE DATE OF THIS ORDINANCE: AND PROVIDING A SAVINGS CLAUSE, AND
PROVIDING FOR PUBLICATION.
81-40-183-264 Consider authorizing purchase of land located near Water Treatment Plant.
(22)
81-40-183-265 Ordinance No. 8163
(23) An appropriation ordinance for the above purchase (Water Capital Improvements Fund).
Mr. Wayne Williams owns 2.85 acres adjacent to the property we have acquired for the water
reservoir site. This acquisition will allow us to move the reservoir physically to the west
and save some pipeline costs; it will also allow for control of the adjacent property which
is necessary for ingress/egress purposes during construction.
The recommended offer to Mr. Williams is $50,000, which is amenable to him; the additional
$1,000 will cover costs for moving the house and other improvements to a new site.
The motion was made by councilwoman Baker, seconded by Mayor Pro Tem Henry to authorize the
purchase of the 2.85 acres, referenced above, from Mr. Wayne Williams; and to pass Ordinance
No. 8163,on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay.
ORDINANCE NO. 8163
AN APPROPRIATION ORDINANCE
I 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 Project Fund
The sum $51,000.00
For the following purpose:
Purchase 2.85 acre tract in vicinity of the N.W. corner of S.W. 1/4, Section 6, Block D-'
Purchase Price $50,000
Closing & Administrative
Expenses 11000
$51,000
AND IT IS SO ORDERED
7
I �
I ii Passed by the Council on first reading this 12th day of March, 1981.
1 L Passed by the Council on second reading this —day of 1981.
Bill McAlister, Mayor
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: /S/ J. Robert Massengale
FINANCE OFFICER
184
81-40-184-266
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Resolution No. 744
A resolution amending contract with Carbon Dioxide Technology Corp. (Reso.
611, 9/25/80).
On September 25, 1980, a contract was authorized with Carbon Dioxide Technology
Corporation to build a recovery plant next to Holly Avenue Plant in order to
recover CO2 from the stack gas emitted from the Plant (see Resolution No.
611).
This request to amend the contract is to allow for a temporary construction of
a small pilot plant for the purpose of performing certain testing procedures
which the Corporation did not foresee at the time the original contract was
authorized. The amendment also provides the City with liability protection
under specific terms and conditions related to the pilot plant. The pilot
plant is a temporary construction which will be in operation for approximately
60-90 days; upon completion of the testing, the plant will be disassembled and
removed, the land being restored to its original condition.
Councilman Brown requested permission to abstain; Mayor McAlister granted
permission.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem denry to
pass Resolution No. 744 authorizing the amendment to the original contract of
Carbon Dioxide Technology Corporation. Motion carried: Mayor McAlister,
Mayor Pro Tem Henry, Councilman Aderton and Councilwoman Baker voting Yea;
none voting Nay: Councilman Brown abstaining.
DWR: c 1
RESOLUTION NO. 744
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
Amendment to the original contract between the City of Lubbock and Carbon
Dioxide Technology Corporation, 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 12th
,day of March
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/,Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Carroll McDonald
Carroll McDonald, Director of Electric
Utilities Sales & Service
/S/ David W. Reagan
David W. Reagan, Assistant City Attorney
CONTRACT AMENDMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
'1981.
WHEREAS the City of Lubbock and Carbon Dioxide Technology Corporation did
mutually enter into a contract on the 25th day of September, 1980, and
WHEREAS Carbon Dioxide Technology Corporation has indicated to the City of
Lubbock that in order to properly discharge its obligations to the City under
the contract heretofore mentioned and specifically to construct a carbon
dioxide recovery plant in a good and workmanlike manner, that it will be nec-
essary to construct an interim and temporary pilot plant program in order to
gain necessary technical information needed by Carbon Dioxide Technology Cor-
poration, to properly construct the plant as contemplated by the original
agreement between the parties, and
185
WHEREAS the City of Lubbock is in agreement that said pilot plant should be constructed
in order to gain necessary technical information to allow Carbon Dioxide Technology Corporatioi
to fulfill its obligations under the original contract.
NOW THEREFORE THE CITY OF LUBBOCK AND CARBON DIOXIDE TECHNOLOGY CORPORATION DO MUTUALLY
AGREE AS FOLLOWS:
I.
ORIGINAL CONTRACT
The original contract entered into on September 25, 1980, shall remain in full force
and effect except as modified herein.
II.
AMENDMENT
This amendment shall be effective as of its date of execution hereinafter set forth.
III.
PILOT PLANT -TESTING
The City of Lubbock hereby grants to Carbon Dioxide Technology Corporation the right
to enter upon the property owned by the City of Lubbock and designated as the Holly Avenue
Power Station located in the County of Lubbock, State of Texas, for the purposes of construct
a pilot plant to gain technical data and information necessary for use by Carbon Dioxide
Technology Corporation in designing and ultimately building a permanent carbon dioxide
recovery plant upon the above mentioned property owned by the City of Lubbock. In granting
this permission the City of Lubbock reserves the following rights:
a. The pilot plant to be constructed shall be built and constructed upon such land
as may be approved in writing by the City of Lubbock and the City retains the right to
designate the construction location.
b. The City of Lubbock retains the right to approve in writing the design of the
pilot plant, which approval shall be secured before construction is commensed by
Carbon Dioxide Technology Corporation of said pilot plant.
C. If Carbon Dioxide Technology Corporation determines that it is in its best interest
to contract out the construction of the pilot plant as contemplated by this contract
amendment, then in such event the City retains the right to approve any such contract
prior to its execution.
After Carbon Dioxide Technology Corporation has completed the construction of its
pilot plant as herein contemplated, it shall have the right to operate said pilot plant for
a period of 90 days in order to gain the necessary technical information and data required
by Carbon Dioxide Technology Corporation for construction of its main recovery plant.
At the expiration of the time aforementioned for operation of said plant by Carbon
Dioxide Technology Corporation the said Carbon Dioxide Technology Corporation agrees that
it will move the pilot plant constructed pursuant to this amendment and return the premises
to its original condition. Carbon Dioxide Technology Corporation shall be granted a period
of 45 days to accomplish said removal.
IV.
PILOT PLANT CONSTRUCTION
Carbon Dioxide Technology Corporation agrees that it will construct its pilot plant as
herein contemplated by this Amendment in such a way and manner as to not interfere with the
operations carried on by the City of Lubbock at its Holly Avenue Power Station. In this
regard Carbon Dioxide Technology Corporation agrees that any contract it may let for the
construction of this pilot plant program shall contain appropriate safe guards to guarantee
that the operation of the Holly Avenue Power Plant by the City of Lubbock will not in any
way be interfered with by its construction as contemplated by this Amendment.
V.
INDEMNITY AND INSURANCE
The parties hereto agree that paragraph 20 and paragraph 21 of the original agreement
entered into between the parties hereto are specifically applicable to this amendment, and
that prior to any entry upon the premises heretofore mentioned or any construction on said
premises of Carbon Dioxide Technology Corporation said Corporation shall procure the necessary
insurance policies as specified in paragraph 21 mentioned above, naming the City as an
additional insured and deliver evidence of such to the City of Lubbock.
In addition, any contract which Carbon Dioxide Technology Corporation may let for the
construction of the pilot plant herein contemplated by this amendment shall provide that
the contractor shall carry owner's protective or contingent public liability insurance and
property damage liability insurance compatible with the insurance requirements contained in
paragraph 21 of the original contract between the parties hereto. In addition, said construct:
contract shall make provision for automobile insurance coverage by the contractor in amounts
compatible with provisions contained in paragraph 21 of the contract between the original
parties hereto, and further said construction contract shall provide that the contractor
carry adequate workmen's compensation insurance in accordance with all state and federal
compensation laws.
n
VI.
ELECTRIC UTILITIES
Technology Corporation agrees that it will pay to the City of Lubbock all
costs incurred by the City of Lubbock in erecting and providing equipment and
facilities necessary to provide electric power to the pilot plant herein
completed. Carbon Dioxide Technology Corporation agrees to pay to the City of
Lubbock all maintenance costs of these facilities and all costs incurred in
the removal of such facilities when such are no longer needed to operate the
pilot plant herein contemplated.
VII.
FACILITIES USE FEE
For and in consideration of the City of Lubbock authorizing Carbon Dioxide
Technology Corporation to erect its pilot plant as herein set forth, said
Carbon Dioxide Technology Corporation agrees to pay to the City of Lubbock the
sum of $1,200.00 per month. Said sum shall be payable on the first of each
month. The above payment shall commence upon date Carbon Dioxide Technology
Corporation commences construction of the above mentioned pilot plant and
shall cease upon the complete removal of the plant by said Corporation.
VIII.
CANCELLATION BY BUYER OR SELLER
Carbon Dioxide Technology Corporation shall be entitled to cancel this
amendment or agreement upon 30 days written notice to the City of Lubbock if
Carbon Dioxide Technology Corporation determines that it is technically or
economically unfeasible to construct the pilot plant herein contemplated by
this amendment.
The City of Lubbock shall be entitled to cancel this agreement upon 30
days written notice to Carbon Dioxide Technology Corporation should the City
for any reason determine that the construction of the pilot plant contemplated
by this amendment, in any way interfers with the normal operation of the Holly
Avenue Power Plant and further the City will likewise have a right of cancel-
lation in the event Carbon Dioxide Technology Corporation breaches any of its
covenants herein contained.
In the event this contract is cancelled either by the City of Lubbock or
by Carbon Dioxide Technology Corporation, it is agreed between the parties
hereto that Carbon Dioxide Technology Corporation shall immediately commence
removal of its pilot plant herein contemplated or any portion thereof remaining
or built at the time of cancellation of this agreement. In the event that
Carbon Dioxide Technology Corporation fails to remove said pilot plant or any
portion thereof, if this contract is cancelled, then in such event the City of
Lubbock is authorized to remove same keeping account of its cost and Carbon
Dioxide Technology Corporation hereby agrees to pay to the City of Lubbock the
total amount of said cost.
IX.
TESTING
All test conducted by Carbon Dioxide Technology Corporation whether in
conjunction with its pilot plant or independent thereof shall be approved in
writing by W. T. Wood, who is designated by this agreement as the City's
representative under the premises. Carbon Dioxide Technology Corporation
agrees that no test will be undertaken by it until it has first secured such
written approval for same.
X.
STAFF
Carbon Dioxide Technology Corporation hereby agrees that the pilot plant
to be constructed and operated under the terms of this agreement will at all
times be adequately staffed with qualified personnel to run and maintain such
pilot plant.
Executed this 23rd day of March, 1981.
THE CITY OF LUBBOCK: CARBON DIOXIDE TECHNOLOGY CORP.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Carroll McDonald
Carroll McDonald, Director of Electric
Utilities Sales and Service
BY: /S/ W. R. Wiggins
W.R. Wiggins, Jr., President
ATTEST:
ISI R. A. Mohun
R.A. Mohun, Vice President
APPROVED AS TO FORM:
/S/ David W. Reagan
David W. Reagan, Assistant City Attorney
um
81-40-187-267 Resolution No. 745
(26)
A resolution authorizing Release of Sewer Pro Rata Lien to C. S. Haynes and wife (Lot 5,
Block 12, Westover Heights Addition).
The requirements of the lien have been fulfilled and approval of the Release is recommended.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution
No. 745 authorizing the Release of Sewer Pro Rata Lien to C. S. Haynes and wife. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman
Baker voting Yea; none voting Nay.
SMH: b s
RESOLUTION NO. 745
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 release of sewer pro rata on Lot 5,
Block 12, Westover Heights Addition, Lubbock, Lubbock County, Texas, 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 12th day of
ATTEST:
S1 Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Charles Northington
Charles Northington, Chief Accountant
�§ Q1111114
/S/ Susan M. Horton
Susan M. Horton, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
March
_/S/ Bill McAlister
BILL McALISTER, MAYOR
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, on the 21st day of July, A.D., 1966, C. S. Haynes and Minnie Haynes of the
County of Lubbock, State of Texas, did execute, acknowledge and deliver to the City of
Lubbock, Texas a certain contractual agreement and lien upon and against certain real
property and improvements, if any, thereon for sewer pro rata described as follows, to -wit:
Lot 5, Block 12, Westover Heights Addition, Lubbock, Lubbock County,
Texas.
Which said agreement and lien of record is of record in Volume 135, on page 355, of the
Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here
made; and
WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and
satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of
such debt, obligation and lien:
NOW THEREFORE:
In consideration of the premises, of the payment of such debt and obligations, and
other good and valuable cash consideration, the receipt of which is hereby acknowledged,
the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this
AM
MAR
day, and do by these presents, RELEASE, DISCHARGE, and QUITCLAIM unto the said
C. S. Haynes and Minnie Haynes and their heirs (successors) and assigns, the
contractual lien heretofore existing upon the above described premises under
and by virtue of the above described instrument, and declare such lien fully
released and cancelled.
EXECUTED this 12th day of
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -
Treasurer
THE STATE OF TEXAS
COUNTY OF LUBBOCK
March , 1981
THE CITY OF LUBBOCK, TEXAS
BY: ISI Bill McAlister
Mayor
/S/ Susan M. Horton
Susan M. Horton,
Assistant City Attorney
APPROVED:
/S/ Charles Northington
Charles Northington
Chief Accountant
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared BILL McALISTER, Mayor, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and considera-
tion therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this.16th day of March
19 81
ISI Olivia R. Solis
Notary Public, Lubbock County, Texas
My commission expires 12/5/81
81-40-188-268 Consider an ordinance amending Chapter 31 of the ' Code of Ordinances regarding
(27) taxicabs and other vehicles for hire.
The proposed ordinance amends Ordinance No. 7565 in an attempt to clarify and
remove many of the inconsistencies that exist in the present ordinance,
specifically between the taxicab and the limousine permits and standards of
operation.
The proposed ordinance raises
the cost of the taxicab permit
from $100 per year to $40 per
vehicle per year.
The proposed ordinance would
require the taxicab operator
to submit quarterly reports
reflecting all receipts and
disbursement of the operation
connected with the taxicab
service.
The proposed ordinance would
require the taxicab operator
to file a rate schedule at the
City Secretary's Office. In
the event of a proposed rate
increase, said request for rate
increase would also be filed with
the City Secretary, subject to
review by the City Manager. In
the event a complaint was
received by the City Manager
within 120 days from proposed
rate increase filing, the Council
would make a determination of
the proposed rate increase.
The cost of the limousine permit
is $10; additionally, the operator
pays 2% of the gross receipts under
the limousine permit.
No quarterly or annual report is
required at the present time under
the existing ordinance from either
the taxicab or the limousine operator.
0
Under the existing ordinance, neither
a rate schedule nor a proposed rate
increase is filed with the City Secreta
:•
Under the proposed ordinance,
an increase in insurance coverage
is required for both limousine
and taxicab operators. Addi-
tionally, both operators are
required to have a performance
bond.
Under the proposed ordinance,
the limousine operator could
secure business from point of
pick up to Airport or from
Airport to point of delivery
only. There is a section
entitled "Touring Vehicle"
which would allow for being
hired for special events at
blocked periods of time.
Under the existing ordinance, a per-
formance bond is required of a limousine
operator, and liability coverage is
minimal for both taxicab and limousine
operators.
Under the existing ordinance, no
reference is made as to the route
in which a limousine operator is
required to operate.
Mr. Jim Sexton, owner of Sexton Enterprise d/b/a Yellowcab Company, appeared before the
Council with his Attorney, Joe Boerner, and Steve Sexton, General Manager of the Cab Company.
The essence of Mr. Sexton's prolonged comments was to the effect that the proposed ordinance
was too stringent for his operation; that they were in competition with mass transit, and
cost of operation was exceedingly high, particularly with inflationary factors considered;
that the required insurance coverage under the proposed ordinance was exorbitant; that the
proposed ordinance creates a paper monster by requiring quarterly reports as well as a
year-end report (Mr. Sexton brought with him three boxes of daily receipts and logging
materials, to which City Manager Cunningham responded that it was the intent of the proposed
ordinance that a two -page summation of the business conducted be submitted -- not the
entire daily sheets being reproduced); in response to Council query, he is now operating
seventeen cabs, two being out of operation due to accidents, for a total of nineteen cabs
in his fleet; that the limousine service in existence, there being two operators permitted
to do business at the present time, were functioning throughout the City rather than just
providing service to and from the Airport. Mr. Sexton further commented that he can provide
limousine service too, his vehicles actually being cabs with meters, but they perform this
service within designated zones at lower rates.
Mr. Ernest Martinez and Mr. Clyde Bunch also appeared before the Council; these gentlemen
have recently been issued permits tooperatea limousine service.
Mr. Martinez's statements reflected that he was required to pay 2% of his receipts to the
the City and queried whether or not he was the only one doing so; to which there was no
response; that he was only interested in making a living and did not wish to be competative
with the cabs, but his operation was unique in that he operated an antique car and did
contractual work for special events.
Mr. Bunch indicated he had worked for Sexton as a cab and limousine driver, and in response
to the discussion as to whether or not there was public need for limousine service, his
opinion was there was a need, for in working dispatch for the Cab Company that requests for
service waited as long as an hour and a half or longer for either cab or limousine service.
Council discussion reflected that there should be consistency in rates between the cabs and
limousines; that there should be consistency in all criteria and qualifications between the
respective operations, although their functions differed; Councilwoman Baker stated she
felt anyone who wished to be able to do business and make a success of it should be allowed
to do so as part of the free enterprise system; that all rates for both cabs and limousines
should be on file with the City Secretary, and a proposed rate increase should also be
filed with the City Secretary, approved by the Council, and could be disallowed in the
event a complaint was filed within 120 days from the date the proposed rate increase was
filed; that the quarterly report was too burdensome, but a year-end financial statement by
both taxicab and limousine operators should be submitted and filed with the City Secretary,
said financial statement reflecting all receipts and disbursements in the operation of the
business.
In response to Mr. Sexton's objection to the increase in liability coverage, extensive
discussion revealed he was comfortable with the existing rates and the Council by CONSENSUS
indicated if the operator was comfortable with the existing coverage ($50,000 - $100,000 -
$50,000), then the Council was amenable to leaving it as is. Also, during this portion of
discussion, Mr. Sexton conceded that $40 per cab would be amenable to him.
In the discussion regarding the designated zones for establishing rates for limousine
service for airport pick up and delivery only, it was determined that the zones would be
determined by the City, and these rates as well as other rates would be approved by the
Council and filed with the City Secretary.
When all was said and done, the motion was made by Councilwoman Baker, seconded by Councilman
Aderton to revise the proposed ordinance as discussed, and to reconsider the revised ordinance
at the Regular Meeting on March 26, 1981. Motion carried: Mayor McAlister, Councilmen
Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry
absent from Council Chambers.
Those revisions are:
Section 31-1 "Touring Vehicle":
Review and consider more specifics in this category
to allow for special engagements i.e. rental of
190
MAR 12 1981
Section 31-14A:
Section 31-15B:
of the limo for a day, 1/2 day, etc. in accordance
with the posted rate, said rate being filed with
the City Secretary.
This provision regarding the public necessity for
such service should be retained in the proposed
ordinance and the provisions under this section
for granting a taxicab permit must basically apply
to the limousine permit, the difference being
limousines are not metered and have limited routes.
This section is to be retained in the proposed ordinance,
the fee being $40 per taxicab and per limousine vehicle.
Section 31-18.1 "Public Liability':
The coverage as stated in the existing ordinance is to
remain in force and effect, the burden being upon the
operator.
Section 31-18.2A "Records":
Section 18.3:
Section 31-60
Section 31-61
Section 31-64
A year-end financialreportis required by the Council,
to be filed with the City Secretary. The other
provisions under this section remain as previously
stated.
Rate schedules for both taxicabs and limousines are
to be filed with the City Secretary; limousine
service furnished by Sexton Enterprises will operate
under a designated zone concept, inasmuch as those
vehicles are metered, but operate at a lower rate.
Both limousines and taxicabs will operate under the
same zone designation, said zones being determined
by the City, and the rates are to be determined by
the operator, subject to Council approval.
Any proposed rate increase is to be filed with the
City Secretary, subject to approval by the City
Council . . . and may be disallowed by the Council
if a complaint is received within 120 days of the
filed rate increase.
The matter of paying 2% of gross receipts for limousine
operators was not adequately discussed; this section
will remain as stated in the existing ordinance, subject
to Council discussion on 3/26/81.
The required quarterly report is deleted; an
annual year-end financial statement must be
filed reflecting all receipts and disbursements.
Every reference made to the City Manager should be
changed to the City Council . . . all rate schedules
are to be filed with the City Secretary and
approved by the City Council; a proposed rate increase
will be treated the same as that provided for in the
taxicab section.
Section 31-65 "Engaging Limousines for Hire":
All limousines are limited in routes for pick up
and delivery to and from Airport only. Allowances
for any other type of engagement will be under the
provision entitled "Touring Vehicle" - Section
31-1.
191
MAR 12 1981
7ii
81-40-191-269 Consider claims against the City.
(28) 81-C-446 Boyd Pat Sullivan $150.00
for damage to .22 caliber pistol and case
The motion was made by Councilwoman Brown, seconded by Councilwoman Baker 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.
81-C-431 Raul Sepada, Jr. amount unstated
for alleged humiliation, harassment, loss of wages, attorney's fees,
and pain and suffering in jail
The motion was made by Councilman Brown, seconded by Councilwoman Baker 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.
81-40-191-270 Resolution No. 746
(29) Bid No. 6224 for chain link fence for Burl Huffman Athletic Complex (Parks & Rec. Dept.);
consider resolution authorizing contract with Bill Hughes Fence Company (Community Development
funds).
Low Bidder Bill Hughes Fence Company,
Lubbock, TX ($6,400.00)
AA: pc
RESOLUTION NO. 746
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 Bill Hughes Fence Company
to install 4,000 linear feet of chain link fence at Burl Huffman Athletic Complex, 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 12th day of March
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ John Alford
John Alford, Director of Parks and
Recreation
APPROVED AS TO FORM:
/S/ Angela Adams
Angela Adams, Assistant City Attorney
CONTRACT
,1981.
THIS AGREEMENT, made this 19th day of February, 1981, by and between the City of Lubbock,
herein called "Owner" acting herein through its Mayor, and an individual doing business as
Bill Hughes Fence Company of Lubbock, County of Lubbock, and State of Texas hereinafter
called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the
OWNER to commence and complete the construction described as follows:
Install 4,000 linear feet of chain link fence at Burl Huffman Athletic Complex.
hereinafter called the project, for the sum of Six Thousand Four Hundred and No/100 ($6,400.
Dollars and all extra work in connection therewith, under the terms as stated in the General
and Special Conditions of the Contract; and at his own proper costs and expense to furnish
all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance,
and other accessories and services necessary to complete the said project in accordance with
the conditions and prices stated in the Proposal, the General Conditions, Supplemental
192
MAR 12 19JI
General Conditions and Specifications of the Contract, the plans, which include
all maps, plats, blue prints, and other drawings and printed or written explana
matter thereof, the specifications and contract documents thereof as prepared
by Parks and Recreation Department, herein entitled the Architect/Engineer,
and as enumerated in the Supplemental General Conditions, all of which are
made a part hereof and collectively evidence and constitute the contract.
The CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in a written "Notice to Proceed" of the OWNER
and to fully complete the project within sixty (60) consecutive calendar days
thereafter. The Contractor further agrees to pay, as liquidated damages, the
sum of One Hundred and No/100 ($100.00) Dollars for each consecutive calendar
day thereafter as hereinafter provided in the General Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to addition and deductions, as provided in the General
Conditions of the Contract, and to make payments on account thereof as provided
in the Paragraph entitled "Payments to Contractor", of the General Conditions.
IN WITNESS WHEREOF, the parties to these presents have executed this
contract in six (6) counterparts, each of which shall be deemed an original,
in the year and day first above mentioned.
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ John Alford
John Alford, Director of Parks and
Recreation
APPROVED AS TO FORM:
/S/ Angela Adams
Angela Adams, Assistant City Attorney
ATTEST:
THE CITY OF LUBBOCK
/S/ Bill McAlister
BILL McALISTER, MAYOR
BILL HUGHES FENCE COMPANY
Hughes Fence Co.
CONTRACTOR
/S/ Bill Hughes
BY
Rt. 10 Box 410
Address
Lubbock, Texas 79404
*NOTE: List of General Conditions is attached and filed with original resoluti
81-40-192-271 Resolution No. 747
(30)
Bid No. 6254 for conduit installation at 4th and Quaker; consider resolution
authorizing contract with low bidder (Traffic _ Engineering).
Low Bidder Ranger Construction of Lubbock, Inc.,
Lubbock, TX ($5,303.40)
193
DWR: c 1
RESOLUTION NO. 747
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 between Ranger Construction,
Inc. and the City of Lubbock for Installation of underground,traffic signal conduit at the
location of 4th Street and Quaker Avenue, 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 12th day of March ,1981.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Bill H. McDaniel
Bill H. McDaniel, Director of Traffic Engineering
APPROVED AS TO FORM:
ISI David W. Reagan
David W. Reagan, Assistant City Attorney
BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PLACE 4th Street & Quaker Avenue
DATE March 5, 1981
PROJECT NO. GWO 79-0001-4003-010978
Proposal of Ranger Construction of Lubbock, Tex., Inc. (hereinafter called "Bidder")
To the Honorable Mayor and City Council
City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of
installing traffic conduit having carefully examined the plans, specifications, instructions
to bidders, notice to bidders and all'other related contract documents and the site of the
proposed work, and being familar with all of the conditions surrounding the construction
of the proposed project including the availability of materials and labor, hereby proposes
to furnish all labor, materials, and supplies; and,to construct the project in accordance
withtheplans, specifications and,contratt documents, within the time set forth therein and
at the price stated below. The price to cover all expenses incurred in performing the work
required under the contract.documents, of which this proposal is to be a part, is as follows:
Five Thousand, three hundred and three dollars and forty cents. ($5,303.40)
(amount shall be shown in both words and figures. In case of discrepancy, the amount shown
in words shall govern.)
Bidder hereby agrees to commence the work on the aove project on or before a date to
be specified ' in a written "Notice to Proceed" of the Owner and to fully complete the project
within seven consecutive calendar days thereafter as stipulated in the specification and other
contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages
the sum of $25.00 for each consecutive calendar day in excess of the time set forth hereinabovE
for completion of this project, all as more fully set forth in the general conditions of
the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted
in accordance with instruction number 18 of the General Instructions to Bidders.
194
Bidder understands that the Owner reserves the right to reject any or all
bids and to waive any formality in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for
a period of thirty (30) calendar days after the scheduled closing time for
receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the
work and has carefully examined the plans, specifications, and contract documents
pertaining to the work covered by this bid, and he further agrees to commence
work on or before the date specified in the written notice to proceed, and to
substantially complete the work on which he has bid; as provided in the contract
documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Two hundred and sixty-five dollars and seventeen cents Dollars ($265.17) or a
Proposal Bond i7n the sum of'
Dollars ($ which it is agreed shall be collected and
retained by the Owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract
documents and the required bond (if any) with the Owner within ten (10) days aftei
the date of receipt of written notification of acceptance of said proposal; other-
wise said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that. ' the contracts to be executed by Bidder
shall be bound and include all contract documents made available to him for his
inspection in accordance with the Notice to Bidders.
RANGER CONSTRUCTION OF Lubbock, Tex., Inc
Contractor
(Seal)
BY: /S/ Truman Ellis
(Seal if Bidder is a Corporation)
ATTEST:
/S/ Bobbie Ellis
Secretary: Bobbie Ellis
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
Truman Ellis, President
THIS AGREEMENT, made and entered into this 12th day of March, A.D. 1981, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by
and through Bill McAlister, Mayor, thereunto authorized to do so, hereinafter
referred to as OWNER, and Ranger Construction of Lubbock, Texas, Inc. of the
City of Lubbock, Texas, County of Lubbock, Texas and State of Texas, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRAC
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
and all extra work in connection therewith, under the terms as stated in the
contract documents and at his (or their).own proper cost and expense to furnish
all material, supplies, machinery, equipment, tools, superintendence, labor,
insurance and other accessories and services necessary to complete the said
construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
I a"
12 1981
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the
contract in accordance with the proposal submitted therefor, subject to additions and deductions
as provided in the contract documents and to make payment on account thereof as provided thereir
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock,
Texas in the year and day first above written.
ATTEST:
/S/ Evelyn Gaffga
Secretary
ATTEST:
/S/ Bobbie Ellis
Secretary: Bobbie Ellis
81-40-195-272 Resolution No. 748
(31)
CITY OF LUBBOCK, TEXAS (OWNER)
BY: ISI Bill McAlister
MAYOR
RANGER CONSTRUCTION OF LUBBOCK, TEX., INC.
CONTRACTOR
BY: /S/ Truman Ellis
Truman Ellis
TITLE: Truman Ellis, President
COMPLETE ADDRESS:
Ranger Const. of Lubbock, Tex., Inc.
24 Marshall
P.O. Box 5974
Lubbock, Texas 79417
1.
Bid No. 6234 for fork lift and related equipment (Transit Dept.); consider resolution authorizer
contract with C. H. Collier Co.
Low Bidder C. H. Collier Company,
I Lubbock, TX ($14,772.00)
DGV:pc RESOLUTION NO. 748
WHEREAS, the City Council of the City of Lubbock has considered bids for the purchase of
a fork lift, drum lifter, tine hook and boom for the new Transit facility, and after due
consideration of such bids has determined that the best bid is that of C. H. Collier Company
of 102 Broadway, Lubbock, Texas 79401; and
WHEREAS, the City Council of the City of Lubbock finds it to be in the best interest of
the citizens of the City of Lubbock to enter into a contract to purchase such,equipment; NOW
THEREFORE:
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 for
and on behalf of the City of Lubbock an agreement to be entered into between the City of
Lubbock and C. H. Collier Company for the purchase of said equipment, F.O.B. Lubbock, for the
amount of $15,346.00.
Resolved by City Council this 12th day of March , 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
F11 a 2961rixoW.M.3 Kixfffl�10IR
/S/ John L. Wilson
John L. Wilson, Transit Coordinator
APPROVED AS TO FORM:
ISI Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
196
MAR 'V, J�bl
Bid No. 6234
To: City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
The undersigned hereby agrees to furnish the equipment as listed below in accordanae
with the specifications on file at the Director of Purchasing Office, which have
been carefully examined and copies of same attached hereto.
If payment is made within 20 days after acceptance of equipment:
Description of Item: Total Price
1. Fork Lift $14,772.00
2. Drum lifter 69.00
3. Tine Hook 25.00
4. Boom 480.00
$15,346.00
Delivery Date: As per specifications
The undersigned understands that any condition stated above, clarification made
to the above, or information submitted on or with this form - other than that
requested - will render bid unresponsive.
CONTRACTOR C. H. Collier Co.
ISI John Jake
By: /S/ C. H. Collier
Owner or President
ATTEST:
ISI Hannal H. Collier
Secretary
S/ J. T. Wilson V.P.
APPROVED AS TO CONTENT:
ISI John L. Wilson
John L. Wilson, Transit Coordinator
CITY OF LUBBOCK
By: ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelvn GaffRa
City Secretary
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Assistant City Attorney
81-40-196-273 Bid No. 6250 for repair of dual fuel engine (Water Reclamation).
(32)
Low Bidder Superior Engine Repair Company,
Lubbock, TX ($29,973.00)
81-40-196-274 Bid No. 6253 for electric items (warehouse).
(33)
Low Bidder C. B. Anderson Company,
Amarillo, TX
(Item #1 $9,360.00;
Item #2 $4,680.00)
81-40-196-275 Bid No. 6260 for single swivels (8') (Water Reclamation).
(34)
Low Bidder Clowe & Cowan, Inc.,
Lubbock, TX ($5,342.22)
81-40-196-276 Bid No. 6270 for two diesel generators (Water Utilities) (Community Development
(35) funds).
Low Bidder Lubbock Electric Company,
Lubbock, TX ($12,780.00)
81-40-196-277 Bid No. 6259 for sirens and control boxes (Police Dept.).
(36)
Low Bidder Law Enforcement Equipment Company,
Farmers Branch, TX ($14,541.75)
"M
7
81-40-197-278 Resolution No. 750
(37)
Bid No. 6252 for communication components (Data Processing) (Community.Develop-
ment funds).
Item 1 Honeywell Information Systems, Inc.,
Ft. Worth, TX ($3,250.00)
Items 2,3,4 Harris Corporation,
Dallas, TX ($13,807.00)
DGV:cl RESOLUTION NO. 750-A
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock an Agreement for the sale of data processing equipment
and license for the use of software between Harris Data Communications, Inc. and the City of
Lubbock, 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 12th day of,
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
March
/S/ Bill McAlister
BILL McALISTER, MAYOR
ISI Robert C. Green
Robert Green, Director of Data Processing
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
*NOTE: Agreement is attached and filed with original resolution.
DGV:cl
RESOLUTION NO. 750-B
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
,1981.
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock an Agreement for maintenance service between Harris
Data Communications, Inc. and the City of Lubbock, 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 12th day of March
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Robert C. Green
Robert Green, Director of Data Processing
/S/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
, 1981.
*NOTE: Agreement is attached and filed with original resolution.
RM
Director of Purchasing Floyd Nesbitt indicated that all of the above referenced
bids reflected the low bidder, as stated, and all bids meet specifications.
81-40-198-279 Bid No. 6243 for side -loading garbage containers (512) (Sanitation Dept.).
(38)
Director Nesbitt indicated that the low bidder (Emco Manufacturing Company,
Plainview) did not meet specifications for the reason that their bid included
plastic lids, whereas the bid specifications requested steel lids.
Alternate Bidder May Fabricating Company, Inc.,
Beeville, TX ($115,404.80)
81-40-198-280 Ordinance No. 8164
(39)
An appropriation ordinance for purchase of sanitation containers (Bid No. 6243,
above) (Sanitation Capital _ie`serve Fund).
DGV/pg ORDINANCE NO. 8164
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:
THAT there BE and is hereby appropriated out of the following described
fund, to -wit: Fund 30 Capital Reserve, the following sum:
6063: Residential Collections:
512 side -loading containers, 3 cubic yard .......... $115,404.80
Such sum is required for the purchase of equipment needed in residential
sanitation.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 12thday of March
Passed by City Council on second reading this day of
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Denzel Percifull
Denzel Percifull, Director of Public Services
APPROVED AS TO FORM:
ISI Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
1981.
1981.
M
5
action(
3/11/E
81-40-199-281
(40)
tiFinal payment
iuthorized,minuted
32-41-928-1421)
Resolution No. 749
Bid No. 6251 for painting overhead water tower located at 35th and Avenue W (Water Utilities);
consider resolution authorizing agreement with contractor.
Low Bidder
JWF/pg
Lupton Painting Company,
Shawnee, OK
RESOLUTION NO.
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 to be executed by and between said City
and Lupton Painting Company for water system improvements, being the cleaning and painting of
a one million gallon elevated storage tank located at 35th Street and Avenue W, 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-12th,
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Guy Wilson
Guy Wilson, Utilities Engineer
APPROVED AS TO FORM:
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
day of
March
/S/ Bill McAlister
BILL McALISTER, MAYOR
*NOTE: Contract has not been received from Lupton.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve Bid No.
6224, and pass Resolution No. 746 authorizing contract; approve Bid No. 6254, and pass Resolutiol,
No. 747 authorizing contract; approve Bid No. 6234, and pass Resolution No. 748 authorizing
contract; approve Bid Nos. 6250, 6253, 6260, 6270, 6259, 6252, and pass Resolution No. 750
authorizing contract; approve Bid No. 6243 (Alternate Low Bidder), and pass Ordinance No. 8164
on first reading; approve Bid No. 6251, and pass Resolution No. 749 authorizing contract.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay.
The Council recessed at 11:58 a.m. for lunch, to discuss Work Session Agenda and for Executive
Session, reconvening at 3:50 p.m.
81-40-199-282 Resolution No. 743
(24)
A.resolution authorizing contract for water.
Following Executive Session, Mr. Sam Wahl, Director of Water Utilities, apprised the Council
that a proposed lease was recommended with Mr. John W. Addink and others regarding the sale
of 1,350 acre-feet of water from their property south of Muleshoe; that the proposed lease is
for ten years, which would allow the City to purchase 13,500 acre-feet of water from their
water rights during this ten-year period; that the lease with the additional water rights
would allow us 3.5/4 million gallons per day during our 120-day peak period (mid -May to mid -
September), which would assist us in alleviating water shortage problems due to the reduced
allocation from Canadian River.
The contract would require that we pay $150,000 for the pipelines on the site and other
equipment necessary to produce the water and an additional $350,000 for pipeline to connect
their pipelines to the City's pipelines, all of which could be funded from General Revenue
Sharing funds.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution
No. 743 authorizing the referenced contract for water rights. Motion carried: Mayor McAlister,
Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro
Tem Henry absent from Council Chambers.
200
DGV/pg
RESOLUTION NO. 743
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Water Rights
Lease Agreement between the City of Lubbock and Dr. John W. Addink, Dr. Charles
L. Barton, Dr. John H. Fritsch, and Dr. F. Edward Stivers, 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 12th day of,
Rvow6mv
/S/Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Samuel Wahl
Sam Wahl, Director of Water Utilities
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, Asst. City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK
March
/S/ Bill McAlister
BILL McALISTER, MAYOR
WATER RIGHTS LEASE AGREEMENT
BROM"
This Agreement entered into by and between John W. Addink, John H. Fritsch,
Charles L. Barton, and F. Edward Stivers, hereinafter called Owners, and the
City of Lubbock, a Home Rule municipal corporation of Lubbock County, Texas,
hereinafter called Lessee:
WITNESSETH
WHEREAS, John W. Addink, John H. Fritsch, Charles L. Barton and F. Edward
Stivers are owners of certain real property in Bailey County, Texas, which
property is more particularly described in Exhibit "A" attached hereto and
made a part hereof for all purposes; and
WHEREAS, the said Owners are desirous of leasing the rights to the undergr
water located under the land described in Exhibit "A", except for such rights
to said underground water as may be herein retained by said Owners; and
WHEREAS, the said Lessee is desirous of purchasing the rights to the
underground water located under the land described in Exhibit "A", except for
such rights to said underground water as may be herein retained by said Owners;
and
WHEREAS, the said Lessee finds it to be in the best interest of the
citizens of the City of Lubbock to acquire the rights hereinafter granted to
Lessee; and
WHEREAS, the said Owners find it to be in their best interest to grant the
rights hereinafter set out to Lessee:
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
1. DESCRIPTION: Owners do by these presents lease and grant to Lessee
the rights to all underground water located under the following described real
property situated in the County of Bailey, State of Texas:
All that property described in Exhibit "A!' attached hereto and made a part
hereof for all purposes,
Except that Owners may take up to a combined total of 150 acre feet of water
per year for irrigation purposes from the nine existing wells on the above
described property. In addition, Owners may take up to an additional 150 acre
201
feet of water from any additional wells established on the property. A map showing the
location of said nine wells is attached hereto as Exhibit "B". This lease and grant is made
by Owners for the consideration of rents and covenants hereinafter provided.
2. PURPOSE: The purpose of this lease is to provide Lessee with a source of potable
underground water during the term of this Agreement and to provide Lessor with a market for
such potable underground water during the term of this agreement.
3. TERM: This lease shall take effect upon the date of execution hereof by all parties
and shall terminate ten years after the date upon which water is first made available by
Owners to Lessee at the location indicated upon a map attached hereto as Exhibit "B" and made
a part hereof for all purposes. Such date shall be agreed upon by Owners and Lessee and
shall be reduced to writing and placed on file at the office of the City Secretary of the
City of Lubbock. If Owners have not delivered to Lessee at least 13,500 acre feet of water
by the normal termination date, this agreement shall remain in effect until such amount of
water has been delivered to Lessee.
4. IMPROVEMENTS: As part of the consideration flowing to Lessee and as an inducement
for Lessee to execute this document, Owners agree to undertake the following:
(a) To construct a pipeline gathering system for purposes of transporting said underg
water to the location indicated upon the map attached hereto as Exhibit "B".
(b) To modify existing well construction to meet the presently existing State Health
Department regulations. The modifications so required have been reduced to writing and
are attached hereto as Exhibit "C", and made a part hereof by this reference.
(c) To construct said pipeline in such a manner as to allow it to be coupled into the
pipeline to be constructed by Lessee to the point indicated upon the map attached hereto
as Exhibit "B".
(d) To convert all pumps on existing wells to "water lubed" pumps instead of "oil
lubed" pumps.
(e) To install "water lubed" pumps on any new wells that may be installed during the
term of this agreement. All equipment, pumps, pipeline and accessories are the property
of the Owners.
5. DUTIES OF OWNERS: Owners agree to undertake the following duties and obligations
as part of the consideration flowing to Lessee pursuant to this Agreement:
(a) To provide 1,350 acre feet of water per year at 104 feet of head at the point of
delivery during the term of this lease following the date of water availability to
Lessee set out in Paragraph 3 above, subject to the provisions of Paragraph 7 below.
(b) To be responsible for installation, maintenance and repair of all pipelines and
pumps on Owner's property necessary to meet the requirements of this Agreement.
(c) To provide the labor and power costs necessary to provide a flow rate equivalent to
70 percent of maximum well capacities during May to September during the term of this
Agreement following the date of first delivery of water to Lessee.
(d) To provide Lessee a written statement of maximum average summer well capacity
during the month of January of each year of this Agreement following the date of first
delivery of water to Lessee. The maximum well capacity is not to exceed the design pump
capacity.
6. DUTIES OF LESSEE: Lessee hereby agrees to undertake the following duties and
obligations as part of the consideration flowing to Lessee pursuant to this Agreement:
(a) To take a minimum of 1,350 acre feet of water per year during the term of this
Agreement following the date of first delivery of water as described in Paragraph 3
above, subject to the provisions of Paragraph 7 below.
(b) To pay Owners one hundred dollars ($100.00) per acre foot of water delivered to
Lessee's pipeline within 45 days of delivery. This price is to be adjusted each six
months after January 1, 1981, to reflect 30 percent of change in Consumer Price Index
(CPI) and 50 percent of change in electrical costs with fuel adjustment of Bailey County
Electric Co-op. This shall be computed as set out in Exhibit "D" attached hereto and
made a part hereof.
(c) To pay Owners one hundred fifty thousand dollars ($150,000.00) after execution of
this document by all parties hereto and receipt of a performance bond from Owners as is
hereinafter set out.
(d) To pay Owners an amount equal to the cost of the performance bond required under
this agreement.
(e) To pay all cost and expenses incurred for the installation of the intruder resistance
fence and/or the installation of any locked, ventilated well housing if the same are or
become required or necessary under this agreement. Such equipment shall be property of
the City of Lubbock.
(f) To provide owners a written statement of estimated monthly water purchases desired
during February of each year of this agreement.
202
7. JOINT AGREEMENTS: All parties to this Agreement as part of the
consideration flowing to each agree to the following:
(a) Notwithstanding anything to the contrary set forth in this agreement,
if Owners are unable to deliver as much as 1,350 acre feet of water per
year because of lack of existing well capacity, there shall be no liability
nor penalties on the part of Owners and no requirement that Lessee must
pay for more than the amount of water delivered. Owners shall not be
required to drill or establish any wells in addition to the nine presently
existing in order to meet their obligations hereunder.
(b) Wells located on the east 240 acres of the property described in
Exhibit "A" attached hereto shall not be required to produce more water
than would be required to irrigate a crop of wheat, corn or alfalfa on
said 240 acres. This requirement shall be deemed to have been met with an
annual water production of not more than 240 acre feet of water per year.
If owners are unable to deliver said amounts of water, Owners shall have
no further liability and Lessee shall pay only for the water actually
delivered.
(c) Lessee, by and through its employees, agents and representative, have
personally inspected the well field site and have conducted such tests as
are necessary to satisfy Lessee as to the availability, quality and quantity
of water available, it being understood and agreed that Owners do not
guarantee water availability, potability, quality or quantity and Lessee
is not relying upon any representations of warranties of Owners with
regard thereto. Lessee is familiar with applicable state and local laws,
rules and regulations and is satisfied that the obligations of the parties
hereunder are consistent therewith and Lessee's obligations hereunder
shall in no way be nullified by reason of any such law, rule or regulation.
The expense of any treatments or tests necessary to obtain or maintain
potability will be born by Lessee. Owners promise only to deliver the
existing water to the best of their ability.
8. PERFORMANCE BOND: The Owners shall be required to furnish a perform-
ance bond in the amount of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00),
which bond shall be submitted upon forms provided by Lessee and executed by an
approved Surety Company authorized to do business in the State of Texas. It is
further agreed that this contract shall not be effective nor shall Owners be
paid the amount specified in Paragraph 6(c) above until such time as the aforemeni
performance bond has been duly executed and filed with the City Secretary of
the City of Lubbock.
9. ENVIRONMENTAL AND HEALTH COMPLIANCE: Owners hereby agree to disinfect
wells as provided in the specifications for water supply wells. Owners agree
to disinfect wells in the future as requested by Lessee at Lessee's expense.
10. OTHER PARTIES OF INTEREST: The following corporations, partnerships
and/or persons have an interest in all or a portion of the land subject to this
lease agreement:
Travelers Insurance Company
Citizens State Bank, Lincoln, Nebraska
If for any reason other than lack of water available upon the land, Owners are
unable to meet the requirements of this lease agreement, then the persons
hereinabove named who are signatory to this agreement, hereby agree to be bound
by the terms of this agreement and to honor this agreement in accord with said
terms.
11. AGREEMENT RUNNING WITH THE LAND: This agreement between all parties
signatory hereto shall be a condition and covenant running with the land
described in Exhibit "A" attached hereto and shall further constitute an
equitable servitude thereon and shall bind Owners and Owners' heirs and successor;
in title to such land. Any further conveyance of the land described in Exhibit
"A" hereto shall contain this covenant and equitable servitude. It is further
agreed by all parties thereto that this condition, covenant and equitable
servitude shall terminate upon the expiration of this lease agreement according
to its terms.
12. RIGHT TO ENTER AND OPERATE WELL FIELD: If for any reason Owners or
their successors in interest fail to continue operation of the wells situated
upon the property specified in Exhibit "A" hereto during the term of this
agreement, Lessee shall have the right to enter upon said property and to
operate said wells without being deemed guilty of trespass and without prejudice
to any other remedy that Lessee might be entitled to under this agreement.
Further if Lessee operates the well field in default, Lessee shall be entitled
oned
203
to reduce the payments made to Owners or their successors in interest by the amount of the
actual expenses of such operation.
EXECUTED THIS 12th DAY OF March 1981.
OWNERS:
ISI John W. Addink
Dr. John W. Addink
/S/ Charles L. Barton
Dr. Charles L. Barton
/S/John H. Fritsch
Dr. John H. Fritsch
ISI F. Edward Stivers
Dr. F. Edward Stivers
ATTEST:
THE CITY OF LUBBOCK:
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ /S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
OTHER PARTIES OF INTEREST: APPROVED AS TO FORM:
/S/ /S/ Donald G. Vandiver
Travelers Insurance Company Donald G. Vandiver, Asst. City Attorney
ATTEST: APPROVED AS TO CONTENT:
/S/ /S/ Samuel Wahl
Sam Wahl, Director of Water Utilities
/S/
Citizens State Bank, Lincoln,
Nebraska
ATTEST:
/S/
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public, in and for Lubbock County, Texas,
on this day personally appeared Bill McAlister, known to me to be the person whose name is
subscribed to the foregoing instrument and he acknowledged to me that he executed the same
as his own act and deed for the purposes and consideration therein expressed and in the capacit
therein stated.
GIVEN under my hand and seal of office, this the 16th —day of March _, 1981.
/S/ Olivia R. Solis
Notary Public in and for
Lubbock County, Texas
My term expires 12/5/81
STATE OF §
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public, in and for
County, 2 on this day personally appeared John W. Addink, known to me to
L_J be the person whose name is subscribed to the foregoing instrument and he acknowledged to me
that he executed the same as his own act and deed for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN under my hand and seal of office, this the day of , 1981.
Notary Public in and for
County,
204
MAP, 14 Wal
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public, in and for
County, , on this day personally appeared John H. Fritsch,
known to me to be the person whose name is subscribed to the foregoing instrument
and he acknowledged to me that he executed the same as his own act and deed for
the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN under my hand and seal of office, this the day of
1981.
Notary Public in and for
County,
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public, in and for
County, on this day personally appeared Charles L. Barton,
known to me to be the person whose name is subscribed to the foregoing instrument
and he acknowledged to me that he executed the same as his own act and deed for
the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN under my hand and seal of office, this the day of
1981.
Notary Public in and for
County,_
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public, in and for
County, , on this day personally appeared F. Edward Stivers,
known to me to be the person whose name is subscribed to the foregoing instrument
and he acknowledged to me that he executed the same as his own act and deed for
the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN under my hand and seal of office, this the day of
1981.
Notary Public in and for
County,_
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public, in and for
County, on this day personally appeared
known to me to be the of Travelers Insurance
Company, a corporation, and he acknowledged to me that he executed the same as the
act and deed of the Travelers Insurance Company for the purposes and consideration
therein expressed and as the act of said corporation.
GIVEN under my hand and seal of office, this the day of
1981.
Notary Public in and for
County,
Fj
MR
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public, in and for
County, . on this day personally appeared
known to me to be the of Citizens State Bank,
a corporation, and he acknowledged to me that he executed the same as the act and deed of
the Citizens State Bank, Lincoln, Nebraska, for the purposes and consideration therein expresses
and as the act of said corporation.
GIVEN under my hand and seal of office, this the day of , 1981.
Notary Public in and for
County,
*NOTE: Exhibits "A", "B", "C", and "D" are attached and filed with original resolution.
81-40-205-283 Consider three appointments to the PARKS & RECREATION BOARD. The terms of Rev. Adolphus
(41) 'Eleveland, H. A. Sessions and Phil Hoel expire 3/31/81. Term:- 3 years.
Reappoint:
Phil Hoel
Appoint:
Joan B. Crawford
Teacher
Alan B. White
Vice -President
3263 - 62nd 792-1942
1812 East 24th 762-8063
LISD
3010 - 80th 745-2771
Lubbock Natl. Bank 762-8800
Term: 3 years, to expire 3/31/84
81-40-205-284 Consider one appointment to the URBAN DESIGN AND HISTORIC PRESERVATION COMMISSION to fill
(42) the unexpired term of Homer Hunt (Member at Large), said term expiring 9/14/83.
Landscape Architecture
Mike E. Atecheson 3212 - 88th 792-8161
4010 Avenue R 747-0168
(to fill the unexpired term of Jim Mertes, term expiring 9/14/81)
Member at Large
Mrs. Geneva (Rip) Griffin 4601 - 10th 799-6191
(to fill the unexpired term of Homer Hunt, term expiring 9/14/83)
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to approve the
above referenced board appointments. Motion carried: Mayor McAlister, Councilmen Brown and
Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent from
Council Chambers.
There being no further business, the motion was made by Councilwoman Baker, seconded by
Councilman Brown to adjourn at 3:52 p.m. Motion carried: Mayor McAlister, Councilmen Brown
and Aderton and Councilwoman Baker voting Yea; none voting Nay; Mayor Pro Tem Henry absent
from Council Chambers.
-B-IfI McALISTER, MAYOR
ATTEST:
Evelyn Gaflga,'City gee,,Ary-Treasurer
t?�'
READ AND APPROVED THIS 26TH DAY OF MARCH, 1981.
BIL c IS ER,' MAYOR
ATTEST: