HomeMy WebLinkAboutMinutes - City Council - Regular - 4/8/1982962 APR 8198
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
April 8, 1982
The City Council of the City of Lubbock, Texas met for its regular
meeting Thursday, April 8, 1982 at 9:00 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 Evelyn Gaffga.
Absent: None.
82-41- 962-1487 The Invocation was given by J. Robert Massengale, Director of Finance.
( 1)
82-41-962-1488 The Pledge of Allegiance to the Flag was given in unison by those
( 2) present in the Council Chambers.
82-41-962-1489 Approval of minutes of Regular meeting , April 8, 1982
3)
The motion was made by Councilman Brown, seconded by Councilwoman
Baker to approve the minutes of the above stated meeting. Motion
carried: 5 Yeas; 0 Nays.
82-41-962-1490 Consider a resolution canvassing the votes of the Regular City
4) Election held April 3, 1982.
Resolution No. 1064
The motion was made by Councilman Aderton, seconded by Mayor Pro
Tem Alan Henry to pass Resolution No. 1064 accepting the results
of the canvassing of the votes of the Regular City/School Election
held April 3, 1982. Motion carried: 5 Yeas; 0 Nays.
DGV:da
RESOLUTION No. 1064
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF
THE GENERAL CITY ELECTION HELD ON APRIL 3, 1982.
BE IT REMEMBERED THAT on the 8th day of April, 1982, the City
Council of the City of Lubbock met at o'clock, A.M., at the
regular meeting place of the City Council in the City Hall of the City
of Lubbock, with the following members present, to -wit:
M
May 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.
On Motion of Councilman Aderton , seconded by
Mayor Pro Tem Henry 2 it is unanimously carried that the
returns of the General City Election held April 3, 1982, for the election
of a Mayor, two (2) City Councilmen, and two (2) Municipal Judges for
terms as provided by law, be opened and canvassed, and the results of
the election declared therefrom; and said returns having been duly
canvassed, it is found that the votes for the various candidates are as
follows:
CANDIDATES FOR MAYOR
VOTES RECEIVED
PEDRO (PETE) MORA .......................... 1,722
BILL McALISTER ............................. 16,541
MERLE M. ROSE .............................. 1,595
VICTOR LEE CARGILE ......................... 222
GINGER BEALE ............................... 541
WRITE IN VOTES ........................ SEE ATTACHMENT
APR 81982 963
7",
F1
71
CANDIDATES FOR COUNCILMAN PLACE I
ALAN HENRY ................................. 14,517
R.D. (BOB) BISHOP .......................... 2,156
JOE J. KATIN ............................... ...... 3,237
WRITE IN VOTES ........................ SEE ATTACHMENT
CANDIDATES FOR COUNCILMAN PLACE 3
ROBERT T.
PRIDDY ...........................
369
M.J. "BUD"
ADERTON .........................
8,006
W.B. (DUB)
RUSHING .........................
6,031
MAJORIE K.
ORR, M.D . .......................
4,132
BIDAL AGUERO
...............................
1,838
WRITE IN VOTES ........................ SEE ATTACHMENT
CANDIDATES FOR MUNICIPAL COURT JUDGE PLACE 1
JAMES BEARDEN .............................. 11,159
DONALD G. VANDIVER ......................... 7,059
WRITE IN VOTES ........................ SEE ATTACHMENT
CANDIDATES FOR MUNICIPAL COURT JUDGE PLACE 2
ROBERT E. BABER ............................ 15,750
WRITE IN VOTES ........................ 7
And it further appearing that said election was duly held as provided by
law and that the following persons received a majority of the votes cast for
the positions of Mayor, Councilman Place 1, Municipal Court Judge Place 1, and
Municipal Court Judge Place 2:
MAYOR: Bill McAlister
COUNCILMAN PLACE 1: Alan Henry
MUNICIPAL JUDGE PLACE 1: James Bearden
MUNICIPAL JUDGE PLACE 2: ROBERT E. BABER
And, further, that no candidate received a majority of the votes cast for
the position of Councilman Place 3.
IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT Bill McAlister was duly elected Mayor the City of
Lubbock; that Alan Henry was duly elected Councilman Place
1; that James Bearden was duly elected Municipal Court Judge
Place 1; and that Robert E. Baber was duly elected Municipal Court Judge Place
2. That no one was elected by a majority of all votes cast for the position
of Councilman Place 3, and a run-off election to determine the winner of the
office of Councilman Place 3 is hereby called, such election to be held April
27, 1982.
PASSED, APPROVED AND ADOPTED ON MOTION OF Councilman Aderton
SECONDED BY Mayor Pro Tem Henry THIS 8th day of April,
1982, BY THE FOLLOWING VOTE:
COUNCILMEN VOTING AYE: 5 Yeas
COUNCILMEN VOTING NAY: 0 Nays
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
••••• • �6
/S/ John C. Ross, Jr.
John C. Ross, City Attorney
964 APR 6 AK
82-41-964-1491 Swearing -in Ceremonies of newly elected Council Members.
5)
At this time Mayor Bill McAlister announced that the ceremonies
for swearing in the newly elected Councilmen and Mayor would take
place.
Mayor Bill McAlister was sworn in by Honorable Judge J.Q. Warnick
to serve another term as Mayor. Mayor McAlister then introduced
his family and guests.
Mayor Pro Tem Alan Henry was sworn in by Rodrick Shaw, County Judge,
after which he introduced his family and friends present.
James Bearden was sworn in as Municipal Court Judge, Place 1 by
Honorable Cecil Puryear, Presiding Judge Municipal Court. Judge
Bearden's family and friends were introduced.
Robert Baber was also sworn in by Honorable Cecil Puryear, after
an introduction by Mayor McAlister.
Nicolas,,BerthiAux, a young man from France, was presented a
proclamation by Councilman Aderton, making him an honorary
citizen of Prairie Dog Town. Councilman Aderton then introduced
the members of the Aderton family present.
The meeting was recessed at 9:30 a.m, to reconvene at 9:40 a.m.
Citizen Appearances
Proclamations
82-41-964-1492 "Free Enterprise Week" April 11-17, 1982
6)
Receiving: Dick Laird, Executive Director
and 10 Lubbock Christian College Students
82-41-964-1493 "Women's Protective Services Week" - April 12-18, 1982
7)
Receiving: Jo Love Nelson
82-41-964-1494 "Ground Zero Week" - April 18-25, 1982
8)
Receiving: Kathleen Wolfer
Allen Hoffman
Patricia Judd
H.P.Clements
Madeline Douglas
Jan West
Gladys Maynard
Elizabeth Rodnick
Inez Crawford
Ed George
--1 -.--n
Laura Elsa Sabath
Gus Crawford
Shirley Sikes
82-41-964-1495
"South Plains Special Olympics Week" - April 12-17, 1982
(8A)
Receiving: Joe Porras, Ballenger School
Students from Ballenger School
Albert Evans, Lubbock State School
Students from Ballenger School
Shirley Ribble, Lubbock State School
82-41-964-1496
Phil Hoel, Chairman of the Parks and RecreationBQard, will appear
9)
to present agreement for 1982 Tornado Jam.
*NOTE: Agreement
filed w/original
Resolution No. 1065
Resolution
For the past two years, the Parks and Recreation Department has
sponsored the "Tornado Jam". Recently Mr. Steve Moss, on behalf
of a group of promoters appeared before the Park and Recreation Board
to request and negotiate use of the Buddy Holly area for the use of
the "Jam" and Mr. Hoel appears on behalf of the Board to make the
following recommendation:
IX*
1. The Park and Recreation Department is to monitor the
planning and see that the terms of the contract are to
be followed: however, the department is not co -sponsoring
the event.
2. The promoters are responsible for cleaning the area after
the Concert and required to put up a $2,000. deposit for
this purpose.
3. The promoters are granted permission to use the Buddy Holly
,area from April 25 through May 4 and are given rights to all
concessions associated with the Concert.
4. The promoters agree to construct a concrete stage platform
which will become the property of the City in consideration
of the above concession rights.
5. The promoters have permission to erect a temporary fence
around the concert area.
6. The Parks and Recreation staff are to approve all work being
done on the site, including fencing and slab.
7. The promoters must provide lighting for the spectator
area.
8. The promoters are responsible for providing commissioned
peace officers for area security and for traffic control.
9. The promoters must provide workmens comp., employers'
liability, comprehensive general liability, products;
liability, automobile and property damage insurance.
10.The concert is to be held no later than 12:00 p.m.
Mr. Hoel recommended that the agreement be approved by the Council
as submitted.
In response to Council query regarding the amount of property damage
deposit, it was stated that usually in such cases the City
relinquishes care control and custody of the premises and wondered
if that was a sufficient deposit and what would be the City's position
in the event damage exceeded the $2,000. City Attorney Ross is to
respond to Mayor Pro Tem Henry regarding this inquiry.
Considering it a noble experiment, motion was made by Councilman
Aderton, seconded by Councilwoman Baker to pass Resolution No. 1065
approving the above referenced agreement. Motion carried: 5 Yeas;
0 Nays.
JS:js
RESOLUTION No. 1065
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 di-
rected to execute for and on behalf of the City of Lubbock an Agreement with
Joe Ely, through his agent, Chet Hanson of the Brovskey Stewart Group, Barry
Fey d/b/a Feyline Presents; and Steve Moss d/b/a Moss Productions, setting
forth the requirements of the City concerning the Tornado,
Jam and related acti-
vities now scheduled for May 1st or 2nd, 1982,, which agreement, attached here-
with, 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
ATTEST:
8TH day of April — , 1982.
_/S[Bill McAlister —
BILL McALISTER, MAYOR
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Jim Weston
Jim Weston, Director of Community Facilities
/S/ Jim Underwood
Jim Underwood, Recreation Superintendent
82-41-966-1497
Ordinance NO. 8303 - Zone Case 1893-F
(10)
*NOTE: No site plan
An ordinance changing a tract of land out of Section 2, Block J-S,
submitted for filing
City of Lubbock, from C-2 to R-1 Specific Use Permit, located at
in the office of the
Frankford and Erskine Street.
City Secretary
SMH:mck ORDINANCE NO. 8303
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. 1893-F;
A SPECIFIC USE ZONE CHANGE, FROM C-2 TO R-1 SPECIFIC USE PERMIT UNDER PROVISIONS
OF SECTION 22.3-10 OF THE ZONING ORDINANCE FOR A PLANT NURSERY ON A TRACT OF
LAND OUT OF SECTION 2, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PRO-
VIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
82-41-966-1498
Ordinance No. 8304 - Zone Case 2358
(11)
*NOTE: No site plan
An ordinance changing a tract of land out of Sec. 25, Block A,
submitted for filing
City of Lubbock from T to M-1 zoning, located at Wood Avenue,
in the office of the
subject to the following condition:
City Secretary
a. that M-1 zoning be granted, restricted to IDP
development standards for future development.
SMH:mck ORDINANCE NO. 8304
82-41-966-1499
(12)
,NOTE: No site plan
submitted for filing
Ln the office of the
3ity Secretary
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. 2358;
CHANGE A TRACT OF LAND OUT OF SECTION 25, BLOCK A, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM T, TO M-1 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. 8305 - Zone Case 1699-A
An ordinance changing a tract of land out of Section 5, Block E,
City of Lubbock from A-1 to C-4, located at Loop 289 and -Avenue` P,
subject to the following condition:
a. That C-2A zoning, limited to professional offices,
be granted on west 150' of this tract.
SMH:mck
ORDINANCE NO
8305
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. 1699-
A; CHANGE A TRACT OF LAND OUT OF SECTION 5, BLOCK E, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM A-1 TO C-4 ZONING DISTRICT; PROVIDING FOR A PENALTY AS
PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
82-41-966-1500 Ordinance No. 8306 - Zone Case 2309-A
(13)
*NOTE: No site plan An ordinance changing lots 1284 - 1309, The Meadows Addition
submitted for filing f_rcZ_R-1 to R-2 Specific Use for townhouses, located at 93rd
in the office of the Street and Elkhart Avenue.
amity Secretary
SMH:mck
ORDINANCE NO. 8306
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. 2309-
A; A SPECIFIC USE ZONE CHANGE, FROM R-1 TO R-2 SPECIFIC USE PERMIT UNDER
PROVISIONS OF SECTION 22.3-2 OF THE ZONING ORDINANCE, FOR TOWNHOUSES ON LOTS
1284 THROUGH 1309, THE MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION-1-5 OF THE CITY
CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
52-41-966-1501 Ordinance No. 8307 - Zone Case 2360
(14)
*NOTE: No site plan
submitted for filing J,
Ln the office of the An ordinance changing a tract of land out of Section 25, Block A,
"ity Secretary City of Lubbock from T to M-1 zoning district, located at Idalou
Road and Wood Avenue, subject to the following condition:
a. that it be zoned M-1, limited to IDP development
standards.
198Z 967
_J
SMH:mck ORDINANCE NO. 8307
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. 2360;
CHANGE A TRACT OF LAND OUT OF SECTION 25, BLOCK A, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM T TO M-1 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.
82-41-967-1502 Ordinance No. 8308 - Zone Case 2305-A
(15)
*NOTE: No site An ordinance requesting Lots 58, 59, and 60, Whisperwood
plan submitted Addition be changed from AM Specific Use to A-1 -'Zoning
for filing in located at 2nd Street and Troy, subject to the following
the office of conditions: I
the City Secretary a. that it be limited to townhouses.
SMH:mck ORDINANCE NO. 8308
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. 2305-
A; CHANGE LOTS 58, 59, AND 60, WHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM AM SPECIFIC USE TO A-1 ZONING DISTRICT; SUBJECT TO CONDI-
TIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
82-41-967-1503
Ordinance No. 8309
(16)
An ordinance providing that elected judges of Municipal Courts
of Record become members of Texas Municipal Retirement _System.
JCR:mck ORDINANCE NO. 8309
AN ORDINANCE PROVIDING THAT PERSONS ELECTED OR APPOINTED JUDGES OF THE
MUNICIPAL COURTS OF RECORD ARE REQUIRED TO BECOME MEMBERS OF THE TEXAS MUNICI-
PAL RETIREMENT SYSTEM; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
82-41-967-1504
Ordinance No. 8310
(17)
AnE12propriation ordinance amending Ordinance 8235 adopting the
budget for fiscal year 1981-82 and providing for additional
funds to Capital Projects Budget (Civic Center fire damage and
purchase of Yellowhouse Canyon Water System).
ORDINANCE NO. 8310
AN ORDINANCE AMENDING ORDINANCE NO. 8235, ADOPTING A BUDGET FOR FISCAL YEAR
1981-82; PROVIDING FOR THE ADDITION OF FUNDS TO THE CAPITAL PROJECTS BUDGET FOR FISCAL
YEAR 1981-82, AND APPROPRIATING SAME.
82-41-967-1505 Ordinance No. 8253
(18)
An ordinance amending Ordinance No. 8225 of the City of Lubbock
regarding traffic signal installation at 4th* Street and Avenue U
and designating school zone of 25 m.p.h. and installation of
flashing traffic signal at 4th Street and Toledo Avenue in a
school zone designated 35 m.p.h.
The motion was made by Councilwoman Baker, seconded by Councilman
Brown to pass Ordinances No. 8303, 8304, 8305, 8306, 8307, 8308,
8309, 8310 and 8253 on second and final reading. Motion carried:
5 Yeas; 0 Nays.
om
ORDINANCE NO. 8253
AN ORDINANCE AMENDING ORDINANCE NO. 8225 OF THE CITY OF LUBBOCK, TEXAS PER-
TAINING TO SCHOOL SPEED ZONES, BY AMENDING SECTION 2 AND ADDING A NEW SECTION
3 THERETO; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
82-41-967-1506 Consider the price and conditions of sale of Parcel 5F-4-3
(21) (north 15') in the Lubbock NDP Urban Renewal Area. '
The motion was made by Councilwoman Baker, seconded by Councilman
Aderton to accept the price and conditions of sale of Parcel 5F-4-3
in the Lubbock NDP Urban Renewal Area. Motion carried. 5 Yeas; 0 Nays.
968 APR 8 198Z
82-41-968-1507 Consider a resolution accepting paving improvements constructed
(22) Harold Stotts Earth Moving Contractors, Inc., in Tract "F", S. Mark
Lovell Addition.
Resolution No. 1066
The motion was made by Councilman Brown, seconded by Councilwoman
Baker to accept the paving improvements in Tract "F", S. Mark Lovell
Addition. Motion carried: 5 Yeas; 0 Nays.
JCR:mck
RESOLUTION NO. 1066
82-41-968-1508
(23)
*Copy of Street Use
License & Contract
in folder.
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 S. Mark Lovell Addition, Tract "F" made
arrangements with Harold Stotts, Earth Moving Contractors 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 subdivi-
sion plat of the above mentioned Addition including the following street:
85th Street from 15 feet west of the west property line of Quaker Avenue
to 559.84 feet west of west property line of Quaker Avenue known as new
subdivision Sub -Unit 93 of Unit Number 2027.
AND WHEREAS, the construction of the above improvements on the above
mentioned 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 accord-
ance with the provisions of City Ordinance 1331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I.
THAT the improvements on said portions of the above mentioned street BE
and the same are hereby accepted and the City Engineer be and he is hereby
authorized to notify the developer of said acceptance and authorization of
payment to the contractor.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS 8TH DAY OF APRIL, 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ISI Don Jennings /S/ John C. Ross, Jr.
Don Jennings, City Engineer John C. Ross, Jr., City Attorney
Consider a resolution authorizing the Mayor to execute a Street
Use License for use of a portion of Grinnell Street out of Section 17,
Block A.
Resolution No. 1067
Indiana Village Ltd. has requested a Street Use License for the
purpose of placing a submerged pump within a concrete pit to
take water from an existing water well for sprinkling purposes.
The area will be 8' by 8' and will lie beneath the sidewalk. The location
is on Grinnell Street, north of Indiana Avenue.
The motion was made by Councilwoman Baker, seconded by Councilman
Aderton to pass the resolution authorizing the Mayor to execute a
Street Use License for use of a portion of Grinnell Street.
Motion carried: 5 Yeas; 0 Nays.
JWF: da
RESOLUTION No. 1067
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 Street Use
License in favor of Indiana Village L.T.D. 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 8th day of April ,1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
ISI J. Worth Fullingim,
J. Worth Fullingim, Asst. City Attorney
IQ Consider a resolution making a formal offer for three tracts of
(24)
82-41-969-150, land east of Quaker in Section 11, Block E-2.
Resolution No.1068
In planning for the widening and construction of Quaker Avenue
from South Loop 289 to 82nsd Street, it is necessary to acquire
some right-of-way on the east side of Quaker. Three tracts of land
including a 15' wide strip of land and two drainage easements
are considered. This property is owned by WEZY Inc. The drainage
easements comprise .602 acres and are appraised at $7,500 per acre.
The 15' wide tract is appraised in two parts as part of the tract is
zoned R-1 and another portion is zoned as C-2. The R-1 area is
appraised at $7,500 per acre and consists of .24 acres; the C-2
area is appraised at $4.25 per square foot for 5,000 square feet for
a total appraisal of $27,600. Goddard and Associates,appraised the
property.
JWF: j s
RESOLUTION No. 1068
WHEREAS, the City of Lubbock, Texas, a home rule municipality located in
Lubbock County, Texas, has determined that the public needs, necessity, safety,
health, and welfare demands and create a public necessity for constructing,
reconstructing, expanding, improving, realigning, widening, operating, repair-
ing, and maintaining of Quaker Avenue between Loop 289 and 82nd Street in the
City of Lubbock, Lubbock County, Texas, and has determined that two drainage
easements are needed in connection with such Quaker Avenue improvements, cre-
ating a need for additional land to accomplish such public municipal purposes
as aforesaid, and the City Council of said City finds it would be to the public
interest to acquire the fee simple title to such land and title to said two
drainage easements for said purposes; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION l(A). THAT the fee simple title to the following described tract
of land be acquired for the public municipal purposes as set forth in the pre-
amble hereof, to -wit:
TRACT ONE
A 15 foot wide tract of land located in Section 11, Block E-2, Lubbock
County, Texas, being further described as follows:
970
BEGINNING at a concrete nail set in asphalt in the East right-of-way line
of Quaker Avenue and the North right-of-way line of 82nd Street which
bears N. 00'02'46" E. a distance of 95.03 feet and N. 89'59'40" E. a dis-
tance of 60.00 feet from the Southwest corner of Section 11, Block E-2,
Lubbock County, Texas;
THENCE N. 00002146" E. along the east right-of-way line of Quaker Avenue,
a distance of 1029.09 feet to a found 1/211 square metal tube;
THENCE N. 89059'40" E. a distance of 15.00 feet to a set 1/21' iron rod;
THENCE S. 00002'46" W. a distance of 1029.09 feet to a set 1/2" iron rod
in the North line of 82nd Street;
THENCE S. 89059'40" W. along the North right-of-way line of 82 Street, a
distance of 15.00 feet to the Point of Beginnning.
CONTAINS: 15,436.35 square feet
0.354 acre
(B) THAT the easement title for drainage easements be acquired to the
following described tracts of land:
TRACT TWO
A tract of land located in Section 11, Block E-2, Lubbock County, Texas,
being further described as follows:
BEGINNING at a point which bears N. 00'02'46" E. a distance of 1096.12
feet and N. 89'59'40" E. a distance of 75.00 feet from the Southwest cor-
ner of Section 11, Block E-2, Lubbock County, Texas;
THENCE N. 00002'46" E. a distance of 28.00 feet;
THENCE N. 89059'40" E. a distance of 453.66 feet;
THENCE S. 300 E. a distance of 121.62 feet;
THENCE Southwesterly around a curve to the left, said curve having a ra-
dius of 311.00 feet, a central angle of 11'21'14", tangent lengths of
30.92 feet, and a chord distance of 61.53 feet;
THENCE N. 300 W. a distance of 96.25 feet;
THENCE S. 89059'40" a distance of 405.13 feet to the Point of Beginning.
CONTAINS: 18,069.87 square feet
0.415 acre
METES AND BOUNDS DESCRIPTION of a tract of land located in Section 11,
Block E-2, Lubbock County, Texas, being further described as follows:
BEGINNING at a point which bears N. 00002'46" E. a distance of 564.60
feet and N. 89'59'40" E. a distance of 75.00 feet from the Southwest
corner of Section 11, Block E-2, Lubbock County, Texas;
THENCE N. 00002'46" E. a distance of 40.00 feet;
THENCE N. 89059'40" E. a distance of 203.55 feet;
THENCE S. 00002'46" W. a distance of 40.00 feet;
THENCE S. 89059'40" W. a distance of 203.55 feet to the Point of Beginning.
CONTAINS: 8142.00 square feet
0.187 acre
SECTION 2. THAT the owners of said land, including WEZY, INC., be of-
fered through the Right -of -Way Department of the City of Lubbock the amount of
$27,600.00 for the value and total damages, respectively, for the fee simple
title and acquisition of said TRACT ONE and the easement title to said TRACTS
TWO AND THREE for drainage easements, to said owners and being for the public
municipal uses and purposes as hereinabove stated and unless said offer is ac-
cepted forthwith the City Attorney of said City of Lubbock is hereby authorized
82-41-971-1510
(25)
and instructed to institute condemnation (eminent domain) proceedings to acquire
the fee simple title to said TRACT ONE and the easement title to said TRACTS
TWO AND THREE for drainage easements hereinabove described.
Passed by the City Council this 8th day of April , 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPOVED AS TO CONTENT:
/S/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
ISI J. Worth Fullingi.m
J. Worth Fullingim, Asst. City Attorney
Consider a resolution makin a formal offer for a tract of land
east of Quaker Avenue in Section 10, Block E-2.
Resolution No. 1069
This is another piece of property needed for the Quaker Avenue
construction and this tract of land is 5,211.2 square feet and is
situated on the southeast corner of 74th and Quaker. The 15'
width is too small for C-2A uses, for which it is currently zoned
and the entire tract would cost $.96 a square foot or $5,000.
The motion was made by Councilman Brown, seconded by Councilwoman
Baker to pass Resolution No. 1068 to buy the three tracts of land
at $27,600; and to pass Resolution No. 1069 to make an offer for
the tract of land east of Quaker Avenue for a total amount of
$5,000. Motion carried; 5 Yeas; 0 Nays.
JWF:da
RESOLUTION NO. 1069
WHEREAS, the City Council of the City of Lubbock finds it necessary and
in the public interest to purchase certain hereinafter described property for
municipal public purposes, to -wit: the widening and improving of Quaker Avenue,
a public street; and,
WHEREAS, the City Council hereby determines that the owners of the fee
simple title to said property should be offered the amount hereinafter set
forth for the purchase thereof by the City, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the acquisition of the fee simple title to the
following described land is hereby authorized:
A tract of land located in Section 10, Block E-2, Lubbock, County, Texas,
being further described as follows:
BEGINNING at a 3/8" iron rod found in the East line of said Section 10
which bears S. 00002'46" W. a distance of 30.00 feet from the Southeast
corner of the Northeast Quarter of Section 10, Block E-2, Lubbock County,
Texas;
THENCE S. 00002'46" W., along said Section line at 112.83 feet pass a set
2" iron rod, continuing for a total distance of 150.43 feet to a 2" rod
set in the Northeast right-of-way line of Quaker Avenue;
THENCE Northwesterly along said right-of-way line and around a curve to
the left, said curve having a radius of 805.00 feet, a central angle of
4'42'19", tangent lengths of 33.07 feet, and a chord distance of 66.09
feet to a found 3/8" iron rod;
972 lifn () Y�Of_
THENCE N. 26057'14" W., continuing along said right-of-way line, a dis-
tance of 76.95 feet to a point of curvature;
THENCE Northeasterly around a curve to the right, said curve having 15.00
feet, a central angle of 117'00'30", tangent lengths of 24.48 feet, and a
chord distance of 25.58 feet;
THENCE S. 89054'44" E. a distance of 49.02 feet to the Point of Beginning.
CONTAINS: 5211.20 square feet
0.120 acre
SECTION 2. THAT The owners of said fee simple title including Castle
Development, Inc. be offered the sum of $5000.00 for the purchase of said
land.
Passed by the City Council this 8th — day of April , 1982.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Tom Nivens
Tom Nivens, Right of Way Agent
/S/ J. Worth Fullingim
J. Worth Fullingim, Asst. City Attorney
82-41-972-1511 Consider designation of City Health Officer.
(26)
Dr. J.D. Donaldson, Jr. has been acting City Health Officer
and Interim Health Director since June, 1981 but finds it
necessary to resign for reasons of health. Dr. Barbara Way,
a local physician will serve as City Health Officer and the
Interim Health Director. Dr. Way is presently associated with the
Texas Tech Medical School as head of the Dermatology Department.
She comes highly recommended and this appointment is in accordance
with the State law. Motion was made by Councilman Brown,
seconded by Councilwoman Baker to accept the appointment of Dr.
Barbara Way for this position. Motion carried: 5 Yeas; 0 Nays.
82-41-972-1512 Consider ORDER AND NOTICE OF RUN-OFF ELECTION to be held April 27,
(28) 1982.
As a result of the canvassing of the Election held April 3, 1982
it will be necessary to hold a Run -Off Election to fill Council
Place 3. This Election will be held April 27, 1982.
Motion was made by Councilwoman Baker, seconded by Councilman
Brown to accept the results of the Election as submitted and
to authorize a Run -Off Election to be held on the date stated
above. Motion carried: 5 Yeas; 0 Nays.
ORDER AND NOTICE
OF
RUN-OFF ELECTION
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK §
ELECTION ORDER
WHEREAS, a run-off election has been ordered by the City Council of the
City of Lubbock to be held on April 27, 1982, for the purpose of electing the
following officer of said City:
=0
973
COUNCILMAN PLACE 3
Said election shall be held at the places in the City of Lubbock herein-
after designated as voting precincts and voting places on Exhibit A attached
hereto and made a part hereof for all intents and purposes. Polling places
shall be open from 7 a.m. to 7 p.m. and all electors shall vote in the pre-
cinct of their residence unless otherwise provided herein. Electronic voting
machines shall be used for this Run -Off Election.
The persons set forth in Exhibit B attached hereto and made a part hereof
for all intents and purposes are hereby appointed Judges and Alternate Judges
to hold said Run -Off Election on April 27, 1982. Each Presiding Judge so
named is authorized to appoint not less than two clerks and as many additional
clerks as are required, but not exceeding a total of six clerks, for the
proper conduct of the election. The Alternate Judges shall serve as Presiding
Judges in the event that the regularly appointed Presiding Judge is unable to
serve, and the Alternate Judge shall be appointed by the Presiding Judge to
serve as as one of the clerks in the event that the election is conducted by
the regularly appointed Presiding Judge.
ELECTION NOTICE
The City Secretary is hereby ordered to cause publication of this Order
and Notice of Run -Off Election at least one time in a daily newspaper published
within the City of Lubbock not more than 25 days nor less than 10 days prior
to the Run -Off Election as an alternative method of notice as provided by law.
The City Secretary shall serve a duly certified copy of this Election Order
and Notice upon each of the Election Judges and Alternate Judges named in
Exhibit B. Such service shall be by United States mail or by personal delivery
within 20 days after the date of this Order and Notice of Run -Off Election.
SIGNED AND EXECUTED IN THE CITY HALL AT LUBBOCK, TEXAS, THIS 8th
DAY OF APRIL, 1982.
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -
Treasurer
/S/ Bill McAlister
BILL McALISTER, MAYOR
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
82-41-973-1513 Consider resolution appointing temporary Municipal Judge.
(29)
Resolution No. 1071
Judge Cecil Puryear has asked to serve on the substitute Judge
list in the future in the event that there is need.
Motion was made by Councilman Aderton, seconded by Councilwoman
Baker to accept this appointment. Motion carried: 5 Yeas; 0 Nays.
DGV:da
RESOLUTION NO. 1071
WHEREAS, the duty to appoint temporary and substitute Judges for the
Lubbock Municipal Courts of Record is placed upon the City Council of the City
of Lubbock by Vernon's Ann.Civ.St., art. 1200gg; and
WHEREAS, it is advisable that temporary and substitute Judges should be
available upon short notice if required in order that the business of the
Municipal Courts of Record shall not be impeded; and
WHEREAS, the City Council deems it advisable to appoint the following
person a temporary and substitute Judge of the Lubbock Municipal Courts of
Record; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the following named person, who meets the requirements to serve as
a Municipal Court of Record Judge, is hereby appointed a temporary and sub-
stitute Judge of the Lubbock Municipal Courts of Record:
974 Py h 6 I'J 0 4
CECIL G. PURYEAR
Said person shall serve part-time as required upon the request of the
Presiding Judge of the Lubbock Municipal Courts of Record.
Passed by the City Council this 8th day of April 1982.
/S/ Bill McALister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
82-41-974-1514 Consider setting time and date for Sale of $10,950,000 General
(30) Obligation Bonds, and authorize publication of Notice of Sale
for same.
The recommended time for the sale of $10,950,000 General
Obligation Bonds has been set for 10:00 a.m., Thursday, May 27, 1982.
The City Secretary is authorized to publish the appropriate Notice
of Sale. Motion was made by Councilman Aderton, seconded by Council-
woman Baker to hold the sale for the $10,950,000 Bonds on May 27, 1982.
and to authorize the publication of the Notice of sale.
Motion carried: 5 Yeas; 0 Nays.
82-41-974-1515 Consider an ordinance amending Ordinance 8235 to include Capital
(31) Improvement Projects.
*Amends Ord. 8235 Ordinance No. 8311
9/10/81
As a result of the November 1981 Bond Election there were various
projects that need to be incorporated into the Capital Projects
Budget which is a part of Ordinance 8235 - the adoption of the Budget
for the fiscal year.
In response to Council query, the break -down is as follows:
Amount
Fund
$5,506,000 General Capital Improvement &
Replacement Fund
(This includes the improvement
on the Health Facilities,$100,00).
$ 206,000 for an area truck for the Street
Lighting System
$ 140,000 for additional equipment
$ 163,000 for additional motorized equippment for
the Streets Improvements
(The above equipment items are transferred from the Reserve
Fund to the Capital Projects Fund, the Reserve Fund being
a long standing policy of the Council in order to replace
antiquated and worn-out equipment).
$4,283,000 for the Traffic Signal as a part of
Capital Improvements
$ 136,000
Fire Station Capital Projects
Improvement Fund
$ 152,000 Electric Capital Projects Improvement
Fund (Payment on generator)
$ 110,000 Sanitation Capital Projects Improvement
Fund (added acreage)
APR 8 1�8Z 975
�7
7 1
$ 99,000 Streets Capital Projects Improvement
Fund
$ 88,000 Street Lighting Capital Improvement
Fund
$5,377,000 TOTAL
ORDINANCE NO. 8311
AN ORDINANCE AMENDING ORDINANCE NO. 8235, ADOPTING A BUDGET FOR FISCAL YEAR
1981-82; PROVIDING FOR THE ADDITION OF FUNDS TO THE CAPITAL PROJECTS BUDGET FOR
FISCAL YEAR 1981-82, AND APPROPRIATING SAME.
82-41-975-1516 Consider a resolution authorizing the City Manager to make
(32) application for Criminal Justice Project for continuation of
*NOTE: No funding for City's crime prevention unit.
application submitted
with Reso. Resolution No. 1072
The Police Department Crime Prevention Unit has contributed significantly
to improved relations with citizens by organizing neighborhood
watch groups, conducting commercial surveys for various businesses,
conducting residential security surveys and other services. The
total budget for the Unit $80,460 is being partially funded by the
Criminal Justice Division. This application will be comprised of
40% cash contribution from the City ($31,470) and the remainder
from the State ($48,990).
DGV:j s
RESOLUTION NO. 1072
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby authorized
and directed to make application for and on behalf of the City of Lubbock for
Criminal Justice Project funds for continuation of the City's Crime Prevention
Project for the year 1983.
Passed by the City Council this
ATTEST:
8th day of April , 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Rickey Childers
Rickey Childers, Administrative Assistant
APPROVED AS TO FORM:
/S/ Donald C. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
82-41-975-1517 Consider a resolution authorizing the City Manager to make application
(33) for Criminal Justice Project for continuation funding for City's
*NOTE• No appli- Crime Eve camera project.
cation submitted Resolution No. 1073
w/Reso.
The proposed application will add 60 additional Crime Eye Cameras
in addition to the 41 presently existing. This too has been a very
effective program.
976 APR 8 19A
The total budget for this project is $32,545 and the City is required
to contribute 20% cash matching funds ($6,509) and the Criminal
Justice Division contributing 80% ($26,036).
The motion was made by Councilman Aderton, seconded by Councilwoman
Baker to pass Resolution No. 1072 authorizing the City Manager to
make application for continuation of funding for City's Crime
Prevention Unit and Resolution No. 1073 authorizing the application
for continuation funding for City's Crime Eye camera project.
Motion carried: 5 Yeas; 0 Nays.
DGV:j s
RESOLUTION NO. 1073
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby authorized
and directed to make application for and on behalf of the City of Lubbock for
Criminal Justice Project funds for continuation of the City's Crime Eye Camera
Project for the year 1983.
Passed by the City Council this 8TH day of April 1 1982.
/S/ Bill McAlister
TILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Rickey Childers
Rickey Childers, Administrative Assistant
APPROVED AS TO FORM:
/S/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
82-41-976-1518 Consider claims against the City-
(34)
a. Claim No. 82-C-554 William Q. Pepin $408.60
Damage to floors due to plumbing overflow
The motion was made by Councilwoman Baker, seconded by Councilman
Brown to DENY the above referenced claim. Motion carried: 5 Yeas;
0 Nays.
b. Claim No. 82-C-558 D.L. Melton $360.00
Burst pipe when turned on by City
The motion was made by Councilwoman Baker, seconded by Councilman
Brown to DENY the above referenced claim. Motion carried: 5 Yeas;
0 Nays.
C. Claim No. 81-C-453 Joe & Denise Amburn $35.00
Hot tar on car from street
The motion was made by Councilman Brown, seconded by Councilwoman
Baker to DENY the above referenced claim. Motion carried: 5 Yeas;
82-41-976-1519 Consider Bid #6766 for utility crane (Street Lighting).
(35)
Low Bidder UEC Equipment Co.
Oklahoma City, Oklahoma
($205,754.00)
" 8 1�64. 977
Fli
82-41-977-1520
Consider
Bid #6750
for radio equipment (mobiles, portables and
(36)
chargers)
(Various
Depts.).
Low
Bidder
General Electric Co.
Lubbock, Texas ($62,195.00)
82-41-977-1521
Consider
Bid #6768
for insecticides (Parks Dept.
(37)
Item
I & 5
Kitten Mosley Fertilizer
& Supply
Slaton, Texas
Items 4 & 6
Bishop Chemical & Pest Control
Lubbock, Texas
Item 3 Helena Chemical Co.
Lubbock, Texas
Item 2 Tri-State Chemical Co.
Hereford, Texas
82-41-977-1522 Consider Bid #6755 for electric items (Warehouse _Stock).
(38)
Item 1 & 3 General Electric Supply Co.
Lubbock, Texas
Item 2 & 4 Westinghouse Electric Supply Co.
Lubbock, Texas
Item 5 & 6 Temple Inc.
Lubbock, Texas
Items 7 & 8 Fields & Company
Lubbock, Texas
82-41-977-1523 Consider Bid #6774 for a.c. water pipe (various sizes), to establish
(39) price fora period of one year (warehouse stock).
Item 1,3 & 4 Trans -Tex Supply Co.
Odessa, Texas
Item 2 & 5 The Rohan Co.
Waco, Texas
There was a tie bid for Item 2 - Councilwoman Baker drew and The
Rohan Company received the bid.
82-41-977-1524 Consider Bid #6732 for overhead doors, fireproofing and fire retardent
(40) treatment (_new garage facilities), and authorize same.
Resolution Ne. 1074 "All, "B", TIC11
Bid Package #3 "A" Overhead Door
Bid Package #9 "B"
Bid Package #10 "C"
Lubbock, Texas
Buford Plastering Co.,
Lubbock, Texas
Terry Small
Lubbock, Texas
RESOLUTION NO. 1074
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
Overhead Door of LUbbock (Bid #6732) in the amount of $11,562.00. 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 8th day of April , 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga
978 Wh 82
The above Resolution applys to Bid Package #9 and #10 also: (#9 -Buford Plastering Co.,
Lubbock, Tx.; #10 - Terry Small, Lubbock, Tx.)
82-41-978-1525 Consider Bid #6770 for pressbox/concession building, Berl Huffman
(41) Athletic Complex (Parks & Rec. Dept.), and authorize same.
*Orig. Reso has not Resolution No.1075
been submitted to
this office for Low Bidder Lubbock Development Co.
filing, as of this Lubbock, Texas
date.
In response to Council query, the remainder of the improvements at
Berl Huffman are being handled by in-house labor (fencing, lighting,
etc.).
RESOLUTION NO. 1075
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT the Mayor of the City of Lubbock is hereby authorized and
directed to execute for the City of Lubbock a Contract between the City of Lubbock
and Lubbock Development Company attached herewith which shall be spread upon the
minutes of the City Council and as spread upon said minutes shall constitute a part
hereof for all purposes.
Passed by the City Council this 8th day of April 1982.
ISI Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
ISI Dan Kamp
Dan Kamp, Director of Parks and Recreation
APPROVED AS TO FORM:
/S/ Susan M. Horton
Susan M. Horton, Assistant City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 8th day of April
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
Lubbock Development Company
of the City of
Lubbock-
, County of Lubbock
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 hearing even date herewith
(if any) the CONTRACTOR hereby agrees with OWNER to commence and complete
the construction of certain improvements described as follows:
Berl Huffman Pressbox/Concessions Building for the City of Lubbock as
per City of Lubbock Bid No. 6770 for the sum of $61,334.00.
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools, superin-
tendence, labor, insurance and other accessories and services necessary
to complete the said construction in accordance with the contract documents
978A
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 substan-
tially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance
of the contract in accordance with the proposal submitted therefor,
subject to additions and deductions, as provided in the contract documents
and 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:
/S/ Evelyn Gaffga
City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ B. Dan Kamp
APPROVED AS TO FORM:
/S/ Joan Sherwin
Assistant City Attorney
ATTEST:
/S/ Gaye Davis
Secretary
82-41-980-1528
(19) Page 980
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK, TEXAS
/S/ Bill McAlister
Mayor
CONTRACTOR
Lubbock Development Co., Inc.
BY: /S/ Fred Dim
TITLE: Vice President
COMPLETE ADDRESS: P.O. Box 65251
Lubbock, Texas
Before me Bonnie McKee a Notary Public in and for I
personally appeared Twi I a Fo I com, Arrount Manage, r
pers Corporation, publishers of the Lubbock Avalanche -Journal — Mo
being by me duly sworn did depose and say that said newspaper has bee
than fifty-two weeks prior to the first insertion of this Lega I Notii
word-532. 1 1 No. 534638 at Lubbock Co
ed copy of the Notice is a true coppy of the origi
Avalanche -.Journal on the following dates: March 2Z 1982.
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
this day
Newspa-
iday, who
for more
Subscribed and sworn to before me this 24th day of March 19 �� �,
ed print -
Lubbock
I
82-41-979-1526 Consider Bid #6777 for paving improvements _(EL of Frankford
42) Avenue from 19th to North Loop 289) (Streets Dept.
Resolution No. 1076
Low Bidder Kerr Construction Co.
Lubbock, Texas
JCR:mck
DL'QnT TTTTOTxT TT() 107A
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
the City of Lubbock and Kerr Construction Company, for the paving of the East
half of Frankford Avenue between a point 140 feet north of the centerline of
19th Street and Loop 289 in the City of Lubbock, Lubbock County, Texas,
attached herewith which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
PASSED BY THE CITY COUNCIL THIS 8TH DAY OF APRIL, 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
ISI Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
/S/ John C. Ross, Jr..
John C. Ross, Jr., City Attorney
82-41-
979-1527
(43) Consider a resolution authorizing the Moor to execute a paving,
curb and cutter, street dedication, mechanic's and mAt6tialmen's
lien, deed of trust, and agreement with Resthaven of Lubbock, Inc.
Paving,Curb &
for street improvements to be constructed on the east half of Frankford
Gutter, St. Ded. Avenue from 19th Street north to LOOP 289--
Mech. & Matrl!s
Lien & Deed of Resolution No. 1077
Trust Lien &
Agree. in Director of Purchasing Floyd Nesbit indicated that all reflected the
folder. low bids and meet specifications. The motion was made by Councilman
Brown, seconded by Councilwoman Baker to approve Bids No. 6766, 6750,
6768, 6755, 6774, to pass Resolution #1074 and Bid #6732, Resolution
#1075 and Bid #6770, Resolution #1076 and Bid #6777. Motion carried:
5 Yeas; 0 Nays.
JWF. j s
T?'P(ZOT TTTTONT Mn 1 (177
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 di-
rected to execute for and on behalf of the City of Lubbock a Paving, Curb and
Gutter, Street Dedication, Mechanic's and Materialmen's Lien, and Deed of Trust
Lien and Agreement between said City of Lubbock and Resthaven of Lubbock, Inc.
980
ArK 6 '1"104
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 8th day of� April 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ Don Jennings
Don Jennings, City Engineer
APPROVED AS TO FORM:
ISI J. Worth Fullingim.
J. Worth Fullingim, Asst. City Attorney
82-41-980-1528 Hold a public hearing on the application of Texland Petroleum, Inc.
(19) for an Oil —and .Gas Drilling Permit for a well site designated as
Publisher's Affidavit R.J. O'Hair #2.
page 978A In accordance with the notice published in the Lubbock Avalanche -
Journal on March 24, 1982, a hearing on the above matter was held.
Proponent is Attorney Dub Bratcher, Attorney on behalf
of Texland Petroleum Co.
R.J. O'Hair
R. Matthews
Mr. McCary
Mark O'Hair
Preston Cochran
Opponents were:
Kenneth Wright
Dr. _Loveless
Mr. Bratcher opened the hearing by indicating that the documents
accompanying the application had been filed in the appropriate
manner and that all properties under the 40 acre production unit
were under lease to Texland with the exception of Mr. Armstrong
who recently signed a lease with Texland thereby designating Texland
the total lease holder of the properties in the 40 acre production
unit.
Mr. Bratcher briefly stated the position of the proposed well
distributing to the Council a plat indicating its location and
its proximity to the adjacent properties which are residential;
an irrigation well was located within the production unit which
would provide the water for irrigating the landscaping as
planned; that the storage tanks were located on Lot 5 down in the
canyon, said lot being owned by Mr. O'Hair; that the well site
would be approached from Yucca Lane and that the drilling operations
would require about 14 days.
In response to Council query as to landscaping and the location
of the well site from nearby residences and the landscaping around
the storage tanks, Mr. Bratcher indicated there was no landscaping
planned for screening the storage tanks at this time.
Mr. Wright was the primary spokesman for the opposition and indicated
that the well site was 222' in front of his house and that the
well head itself was 100' to 125' from the edge of his lot and that
his property would bear the brunt of the nuisance regarding noise,
odors and all the other accompanying disadvantages to a well site;
that he was under lease to Texland but based upon some commitments
I
made orally by the Texland people that were not stipulated in the
written lease itself, he emphatically requested that the permit
not be granted or in the alternative that the permit be granted
with exceptions regarding an underground pump jack and a hydraulic
pump 2 or 3' above the ground.
Dr. Loveless also expressed objections to the location of the well
site and he was under the impression at the time he was approached
about leasing his properties that the well site would be on the
perimeters of the production unit and not directly in front of his
residence; that Mr. O'Hair, the primary owner of the properties in
this area had done an excellent job in cleaning up the canyon
following up the toronado and had been a good neighbor in making this
particular parcel of land attractive for the neighboring residences.
In response to the Mayor's inquiries as to why the well head was
moved from its original site which was to be in proximity of Lots
8 & 9 of the production unit, Mr. Bratcher indicated that the
geologist had indicated there was a possibility of a dry hole at
the original site and thus it was relocated; that Mr. Wright had been
offered $2,000. by the Texland people to take a vacation during the
drilling procedures but had declined the Texland offer and requested
that $6,000. be provided for his inconvenience during this period of
time.
Director of Planning, Jim Bertram indicated that the short term and
long term affects of the proposed application indicate that the
well site was within an R-1 single family residential zone and
within 250' of two residential structures located on Valley View
Road; that the nuisance factors involved noise, dust, and odor from
the drilling operation; that the only access to the site was Yucca
Lane or Sunset Lane connecting to Valley View Road and that the streets
were strip -paved making them susceptible to damage by the heavy equipment
necessary in the drilling procedure; that the drilling phase should be
reduced to 7:00 a.m. to 7:00 p.m. The long term impact would be that
the presence of the oil drilling rig and the pump jack would have a
negative effect on the marketability of the remaining vacant single
family residential lots; that additional oil storage tanks would need
to be placed across the street from these residential lots (there
already being two tank batteries on this proposed location of Lot 5);
that the tract of land on which the well site is located is designated
a flood zone and is a part of the flood plain and depending on how it
is landscaped/screened could have negative effects on the marketability
of existing residential lots.
There ensued various and sundry rebuttal remarks by both opponents
and proponents to the effect that Mr.McCrary had no objection;
Mark O'Hair indicated that the property would be maintained and
landscaped sufficiently inasmuch as his dad owns the property and
he (Mark) has to do the work as directed so he knows that it will be
kept in good condition; Mr. Cochran felt that it would be a positive
financial benefit to the area, etc.
82-41-981-1529 Consider issuing Permit for Oil and Gas Drilling on the above
(20) application.
The motion was made by Councilman Brown, seconded by Councilman Aderton
to approve the above requested permit to Texland Petroleum with the
following conditions:
1. That mufflers be installed on all applicable drilling
equipment and other air pollution or odor control
devices shall be installed as required by the
applicants insurance, bond, or railroad commission.
2. The heighth of the pumping equipment shall not exceed
15'.
3. The pumping unit shall be powered by an electric motor
4. The applicant shall provide fire -fighting equipment as
determined necessary for the City of Lubbock Fire Department.
5. That the pumping unit shall be enclosed in an 8' cyclone
fence and the pumping unit shall be screened with landscaping
using evergreen pyramidal shaped trees, a minimum of 8'
in height, planted 6' on center around the cyclone fence
and the applicant shall be responsible for maintenance of
of the landscape screen.
982 APR 8 198Z
6. The applicant shall provide a Shaffer 3000 lb. double
hydraulic Type E blow-out preventer .
7. Sludge or sludge storage on the site drilling operations
shall be limited to steel tanks which will be removed on
completion of the drilling operation; earthen pits on this
site are prohibited.
8. The applicant shall set 1600' of surface casing and comply
with all applicable regulations as per the Railroad
Commission or the Texas Water Development Board.
9. Flow lines between pumping and storage units shall
be buried a minimum depth of 36".
10. The applicant shall clean the area of debris and restore
the land to its natural contour after the drilling is
complete; that top soil be placed on the site.
11. No above ground oil storage tanks shall be premitted
on the drill site; the storage facility shall comply
with Sec. 19A-17 of the Oil and Gas Code; and that landscaping
be placed around the storage tanks.
12. No materials or structures may be delivered to the
drill site before 7:00 a.m. or after 7:00 p.m.
13. That access to the well site will be prohibited from the
Valley View Drive.
Motion carried: 5 Yeas; 0 Nays.
Following all rebuttal comments by both the proponents and the
opponents, the hearing was closed at 2:17 p.m.
The meeting was reconvened at 3:15 p.m.
82-41-982-1530 Consider option agreement for the sale of sewage effluent, and
(27) authorize same.
*No contract has been
submitted as of this date
4/9/82. RESOLUTION NO. 1070
*NOTE: Reso. 1070 (4/8/82
Southwestern Public Service has worked with the City Staff at great
is ratified by
length regarding as option agreement for the possible sale of sewage
Reso. 1086 (4/22/82)
effluent for two new coal plants possibly to be located in the Lubbock
area. The sole purpose is for generating power for their utility.
Following a lengthy discussion with the SPS officials, Chamber of
Commerce officials, and staff, the City Staff worked out a proposed
agreement where SPS would have a 90 day option in which to purchase
the sewage effluent for use at Power Plant No. 6 and No.7. If it
is not exercised in this period of time then the entire agreement
would be null and void. Additionally, the agreement would consolidate
their power plants with Jones Station; that they would need to modify
the reclamation plant to accommodate the quality control requirement
necessary; the City would continue to make available sewage effluent
to Jones Station; the City would continue to provide SPS #6 and #7
10,000,000 gallons of reclaimed water per day through March of 1989;
and in 1992 it would be the obligation of the City to provide
20,200,000 gallons of sewage effluent to #6 and #7 plants; that
phasing out of Jones Station would commence on or about 1989; that
there would need to be certain standards of reclaimed water to be
furnished to SPS which would necessitate modifying the present plant
somewhat particularly as it relates to the filtering system; that
the water rates suggested are:
1 - 50,000,000 .20 per 1000 gallons
Commencing with 50,000,000 .10 per 1000 gallons
Commencing with 175,000,000 .05 per 1000 gallons
Commencing with 275,000,000 .027 per 1000 gallons
There would be a surcharge of .02 per 1000 gallons of water. The above
constitutes the base rate. There are also certain penalties for poor
water control and with the modifications as proposed, there should be
no penalties incurred. SPS agreed to pay all costs on the activated
sludge operation in excess of 12,000,000 gallons a day. The modification
plant improvements are estimated to cost $3.2 million and Attorney
Brewster and Sam Wahl both concurred the benefits will be of advantage
to the City and will not impair honoring the obligations to the Wilson
Project in any way. The discussion revealed that should there be another
industrial customer appear on the horizon, SPS has a 90 day period to
R ° 1,
Resolut 1086 - 4/22/82
-
x R�atifies� ,a solution 1070 4j8/82
P� nM2+ CONTRACT FOR OPTION AND PURCHASE
OF TREATED SEWAGE EFFLUENT
This Contract for Option and Purchase of Treated Sewage Effluent ("Agree-
ment") is entered into, subject to the provisions of Article VIII of this
Agreement, by the City of Lubbock, Texas, a home rule municipal corporation
located in Lubbock County, Texas ("City") and Southwestern Public Service
Company, a New Mexico corporation qualified to transact business in Texas:
("SPS"). The terms and conditions of this Agreement shall be in effect during
the Initial Term (as defined in Section 6.1 of this Agreement) and any Ex-
tended Term (as defined in Section 6.2 of this Agreement).
I. RECITATIONS
Section 1.1. City Water System. The City owns and operates a municipal
water system which provides water to residential and commercial customers
within the boundaries of the City and in the immediate surrounding area.
Section 1.2. Sewage Treatment System. The City owns and operates a
12,000,000 gallon per day activated sludge sewage treatment system which
collects and treats sewage and other waste from within the boundaries of the
City and the immediate surrounding area.
Section 1.3. Water. As a result of the City's operation of its sewage
treatment system (both current operations and future anticipated operations),
waste water is accumulated.
Section 1.4. SPS Operations. SPS owns and operates an electric utility
system which provides retail and wholesale electrical service to residential
and commercial customers within the boundaries of the City and in the sur-
rounding area. SPS's system presently includes an electric generating station
which is located in Section 21, Block S, G.C.&S.F. Railroad Company Survey,
Lubbock County, Texas ("Jones Station")
Section 1.5. Future SPS Operations. SPS is currently contemplating the con-
struction of an additional electric generating station in Lubbock County,
Texas (this anticipated station, for the purposes of this Agreement only, will
be referred to as "SPS 6 and 7 Station'). The anticipated completion date of
SPS 6 and 7 Station is March 1, 1989 for Unit I and March 1, 1992 for Unit II.
Section 1.6. SPS Requirements. As one step in SPS's efforts to locate SPS 6
and 7 Station in Lubbock County, Texas, it is necessary for SPS to secure a
dependable supply of water for its contemplated operations.
Section 1.7. Previous Agreements. The City and SPS have previously entered
into the Jones Agreement (as defined in Section 2.1 of this Agreement) which
provides for the sale of Reclaim Water (as defined in Section 2.10 of this
Agreement) to SPS for use at Jones Station.
Section 1.8. Disposal Agreement. The City Commission of the City has deter-
mined that it is in the best interest of the City and its residents for the
City to enter into this Agreement which enables the City to sell and dispose
of Reclaim Water and at the same time provides a source of water to SPS for
use at SPS 6 and 7 Station.
II. DEFINITIONS
In addition to the words and terms defined elsewhere in this Agreement,
the following words and terms as used in this Agreement shall have the follow-
ing meanings:
Section 2.1. Jones Agreement. The term "Jones Agreement" as used in this
Agreement shall mean that contract dated May 1, 1968 between the City and SPS
covering the sale and purchase of Reclaim Water.
Section 2.2. Jones Station Point of Delivery. The term "Jones Station Point
of Delivery" as used in this Agreement shall mean the point on the Jones
Station Property where Reclaim Water passes from City -owned pipelines to SPS-
owned facilities.
ERF 4/16/82 -1-
t
Section 2.3. Jones Station Property. The term "Jones Station Property" as
used in this Agreement shall mean the portion of Section 21, Block S, G.C.&S.F.
Railroad Company Survey, Lubbock County, Texas owned by SPS.
Section 2.4. Jones
this Agreement shall
use at Jones Station.
Station Water
The term "Jones Station Water" as used in
mean the Reclaim Water supplied by the City to SPS for
Section 2.5. LP&L. The term "LP&L" as used in this Agreement shall mean
Lubbock Power and Light Company, a municipal electric utility, owned by the
City.
Section 2.6. SPS 6 and 7 Station Point of Delivery. The term "SPS 6 and 7
Station Point of Delivery" as used in this Agreement shall mean the point
where Reclaim Water destined for use at SPS 6 and 7 Station passes from City -
owned facilities to SPS-owned facilities, which point, subject to further
agreement of the Parties, will be adjacent to City's Southeast Lubbock Water
Reclamation Plant. This exact point will be determined by the parties at a
later date, and when determined, a complete description of the SPS 6 and 7
Station Point of Delivery will be attached to this Agreement as Exhibit "A".
Section 2.7. SPS 6 and 7 Station Property. The term "SPS 6 and 7 Station
Property" as used in this Agreement shall mean the property owned by SPS
surrounding the SPS 6 and 7 Station. Upon final location of SPS 6 and 7
Station by SPS, SPS will provide the City a full legal description of the SPS
6 and 7 Station Property, which will then be attached to this Agreement as
Exhibit "B"
Section 2.8. SPS 6 and 7 Station Water. The term "SPS 6 and 7 Station
Water" as used in this Agreement shall mean the Reclaim Water supplied by the
City to SPS for use at SPS 6 and 7 Station.
Section 2.9. Point of Delivery. The term "Point of Delivery" as used in
this Agreement shall mean collectively the Jones Station Point of Delivery and
the SPS 6 and 7 Station Point of Delivery.
Section 2.10. Reclaim Water. The term "Reclaim Water" as used in this Agree-
ment shall mean treated sewage effluent from the City's existing and future
sewage treatment plants.
Section 2.11. Substitute Water. The term "Substitute Water" as used in this
Agreement shall mean any water supplied by the City to SPS in place of Reclaim
Water, to enable SPS to operate SPS facilities situated in Lubbock County,
Texas.
III. OBLIGATIONS OF THE PARTIES
Section 3.1. Jones Station Water. The City will make available to SPS at
the Jones Station Point of Delivery SEVEN `ZILLION SEVEN HUNDRED THOUSAND
(7,700,000) gallons of Reclaim Water per day.
Section 3.2. SPS 6 and 7 Station Water. The City will make available to SPS
at the SPS 6 and 7 Station Point of Delivery, beginning on March 1; 1989
("Unit I Commencement Date") TEN MILLION ONE HUNDRED THOUSAND (10,100,000)
gallons of Reclaim Water per day. The City will thereafter make available to
SPS at the SPS 6 and 7 Station Point of Delivery, beginning on March 1, 1992
("Unit II Commencement Date"), in the aggregate, TWENTY MILLION TWO HUNDRED
THOUSAND (20,200,000) gallons of Reclaim Water per day. The City acknowledges
that, due to the uncertainties of construction and other unknown factors, SPS
may find it necessary to change the Unit I Commencement Date and the Unit II
Commencement Date. If SPS determines that it is necessary to change these two
dates, SPS will notify the City in writing of any change as soon as SPS deter-
mines that the change is necessary. Written notification of any change, a
copy of which notification, if any, will be attached to this Agreement as
Exhibit "E," will amend this Section with regard to either or both commence-
ment dates. In no event will either the Unit I or Unit II Commencement Date
be extended more than two (2) years without the consent of the City.
Commencing on January 1 of the year following the Unit I Commencement Date, as
that date may be changed from time to time in accordance with the terms of
ERF 4/16/82 -2-
this Agreement, and continuing until January 1 of the year following the Unit
II Commencement Date, as that date may be changed from time to time in accor-
dance with the terms of this Agreement, SPS will take from the City a minimum
of one billion (1,000,000,000) gallons of Reclaim Water per year.
Commencing on January 1 on the year following the unit II Commencement Date,
as that date may be changed from time to time in accordance with the terms of
this Agreement and continuing for the Term of this Agreement only, SPS will
take from the City a minimum of two billion (2,000,000,000) gallons of Reclaim.
Water per year.
Section 3.3. Standards for Reclaim Water. All Reclaim Water delivered to
SPS by the City shall:
(a) have a pH value of not less than 6.8 nor more than 9.0 when
measured according to the Standard Method of the American Public Health
Association ("APHA") or according to any other mutually acceptable method
as determined on an average sample obtained hourly over any twenty-four
(24) hour period and at a point prior to the injection of chlorine;
(b) at the Point of Delivery, contain less than twenty-five (25)
ppm (parts per million) suspended solids ("SS"), when measured according
to the Standard Method of the APHA, or according to any other mutually
acceptable method;
(c) at the Point of Delivery, have a biochemical oxygen demand
("BOD") less than twenty-five (25) ppm, as determined by the standard
method of the APHA or any other mutually acceptable method;
(d) at the Point of Delivery, contain less than ten (10) ppm grease
and oil, as determined by Standard Methods for the Examination of Water
and Wastewater, 14th Edition, or any other mutually acceptable method;
and
(e) be treated with chlorine to the extent that a free available
residual chlorine of not less than one -tenth (0.1) ppm can be detected in
a sample taken at the Point of Delivery when tested fifteen (15) minutes
after the sample is taken. This requirement may be altered at SPS's sole
option to provide for sufficient treatment to prevent the formation of
slime or algae in any line or facility utilized to transport Reclaim
Water, however, chlorination in excess of one -tenth (0.1) ppm shall be at
SPS expense.
Section 3.4. Jones Station Delivery Facilities. The pipeline, pipeline
easements, pumping station, and other delivery facilities currently being used
to deliver Reclaim Water to the Jones Station Point of Delivery ("Jones Sta-
tion Delivery Facilities") are owned, operated, and maintained by the City
according to the Jones Agreement. Except as set out in Section 5.6 of this
Agreement, the City will continue to own, operate and maintain the Jones
Station Delivery Facilities at the City's expense.
Section 3.5.- SPS 6 and 7 Station Delivery Facilities. The exact location of
the SPS 6 and 7 Station Point of Delivery and facilities to deliver the Re-
claim Water, including a pipeline, pipeline easements, pumping station, and
other necessary delivery facilities ("SPS 6 and 7 Station Delivery Facili-
ties") will not be determined by the time this Agreement is executed. SPS
will construct, own, operate and maintain the SPS 6 and 7 Station Delivery
Facilities. For the same consideration City will grant SPS all rights, -of -way
necessary for the location, construction, replacement, removal, maintenance,
and operation of a pipeline and pumping station on, under, over, and across
all present and future public streets, roads, highways, lanes, avenues, side-
walks, bridges, alleys and on other public grounds and public rights -of -way
which may be legally and practically available for the pipeline and the pump-
ing station. SPS will provide all electric power needed to operate the SPS 6
and 7 Station Delivery Facilities.
Section 3.6. Water Pressure. Water pressure at the point of entry to the
Jones Station Reactor shall be maintained by the City at not less than 3 psi.
ERF 4/16/82 -3-
Section 3.7. Testing. Testing, to determine whether or not Reclaim Water
complies with the standards set out in Section 3.3 of this Agreement, shall be
performed by the City, at the City's expense, with sufficient frequency to
accurately determine water quality at all times. SPS shall have the right to
be present at and observe all testing and to perform its own tests, if de-
sired. If the City's test results and SPS's test results are different, SPS
may, at its own expense, have additional tests performed by a mutually agree-
able third party. The results of any tests performed by a third party, in
accordance with this Section 3.7, shall be binding on the parties and shall be
used for all purposes of this Agreement. Results of third party tests, as
described, will be applied retroactively to all computations for the previous
thirty (30) days or to the date of the last third party tests, if any, which-
ever period of time is shorter. All results of tests made by the City shall
be made available to SPS upon request.
Section 3.8. Metering. The City shall, at its sole expense, provide and
maintain sufficient metering equipment to accurately measure the quantity of
all Reclaim Water taken by SPS in accordance with this Agreement. The City
will, at its sole expense, calibrate all metering equipment at least once
semi-annually. SPS may request additional -calibration in the presence of an
SPS representative; however, if any additional calibration indicates that the
metering equipment on which additional calibration was performed was accurate
(within plus or minus Zo), SPS shall pay the expense of the additional cali-
bration. If, upon any calibration, the metering equipment is determined to be
inaccurate, (in excess of plus or minus 2%), the City will pay for the cali-
bration and correct the registration for one-half (1/2) of the time elapsed
since the last calibration.
Section 3.9. Substitute Water. If the City is unable for any reason, in-
cluding Force Majeure, to deliver or make available to SPS the quantities of
Reclaim Water stated in Sections 3.1 and 3.2 of this Agreement, the City will
make every reasonable effort to supply to SPS Substitute Water from any other
source available at a rate equal to the City's cost of the Substitute Water.
Nothing contained in this Agreement shall obligate the City to supply Reclaim
Water from sources other than sewage flows from present, future and contem-
plated City sewage reclamation faciliites.
Section 3.10. Availability and Disposal. It is the obligation of the City
under this Agreement to make available to SPS all Reclaim Water as it is
produced daily from the City's existing and future treatment plants up to the
quantities set out in Article III of this Agreement. The City shall, however,
have no duty to construct or maintain any storage capacity in excess of that
which currently exists, if any. All quantities of Reclaim Water made avail-
able to SPS in accordance with this Agreement and not taken by SPS as it is
made available, may be disposed of by the City at the City's discretion.
Section 3.11 City Permits. Upon receipt by City of Exhibit "B" as required
in Section 2.7 of this Agreement it shall be the sole responsibility of City
to proceed with reasonable promptness to secure all permits, approvals and
licenses required to authorize the delivery of Reclaim Water to SPS from the
Texas Department of Water Resources, Texas Water Commission and any other
departments of the State or Federal Government having jurisdiction.
Section 3.12. Cost of City Permits. The cost of securing the permits, ap-
provals and licenses described in Section 3.11 of this Agreement shall be the
sole responsibility of City. SPS will cooperate with City in obtaining any
permits, approvals and licenses needed in connection with this Agreement.
Section 3.13. SPS Permits. SPS will secure all permits, approvals and li-
censes required to authorize SPS' disposition of Reclaim Water. SPS shall
have the sole responsibility and shall bear all costs of disposition of Re-
claim Water received by SPS and shall bear all costs for the facilities neces-
sary for disposition of Reclaim Water.
Section 3.14. Cost of SPS Permits. The cost of all permits, approvals and
licenses described in Section 3.13 of this Agreement shall be the sole respon-
sibility of SPS. City agrees to cooperate with SPS in obtaining any permits,
approvals and licenses needed in connection with this Agreement.
ERF 4/16/82 -4-
Section 3.15. Other Disposition. SPS shall have full authority to select the
manner of disposition of Reclaim Water, including re -sale, so long as the
method of disposition is in full compliance with all applicable laws and
regulations of the state and federal agencies regulating same, and in compli-
ance with the provisions of all permits, approvals and licenses granted to SPS
regarding disposition.
Section 3.16. New System. The City will construct or cause to be construct-
ed, by Unit II Commencement Date, adjacent to the City's Southeast Lubbock
Water Reclamation Plant, at the City's sole expense, a new activated sludge
sewage treatment system ("New System11), with the capacity to treat and deliver
an additional thirteen million (13,000,000) gallons of Reclaim Water per day.
The New System, when completed, will be utilized in part by the City to comply
with the City's obligations to supply Reclaim Water to SPS in the quantities
and meeting the standards of quality set out in this Agreement.
IV. REPRESENTATIONS AND WARRANTIES
Section 4.1. Representations and Warranties of the City. The City repre-
sents and warrants to SPS that:
(a) the City is a legally existing home rule municipal corporation,
incorporated under the laws of the State of Texas, is capable of perform-
ing all of its obligations contained in this Agreement, and has all
requisite power and authority to enter into this Agreement and to carry
out its terms.
(b) there is no action, proceeding or investigation pending, or
threatened, and there is no term of any charter, ordinance, mortgage,
indenture, bond, contract, agreement, instrument, judgment, decree,
order, statute, rule or regulation, which in any way prevents or inter-
feres with or adversely affects the City entering into this Agreement, or
the validity of this Agreement as to the City or the carrying out by the
City of any of the terms of this Agreement;
(c) other than the items mentioned in Sections 3.11-3.15 of this
Agreement, no further approval of the transactions contemplated by this
Agreement is required from any federal, state or local agency or author-
ity; and
(d) this Agreement has been duly and validly authorized by all
necessary action and when executed and delivered will constitute a valid
and binding instrument of the City in accordance with its terms.
Section 4.2. Representations and Warranties of SPS. SPS represents and war-
rants to the City that:
(a) SPS is a corporation duly organized and validly existing in
good standing under the laws of the State of New Mexico, is qualified to
transact business in the State of Texas, and has all requisite corporate
power and authority to enter into this Agreement and to carry out its
terms;
(b) there is no action, proceeding or investigation pending, or as
far as SPS is aware, threatened, and there is no term of any charter,
bylaw, mortgage, indenture, contract, agreement, instrument, judgment,
decree, order, statute, rule or regulation, which in any way prevents or
interferes with or adversely affects the entering into by SPS of this
Agreement, or the validity of this Agreement as to SPS, or the carrying
out by SPS of any of its obligations under this Agreement;
(c) other than the items mentioned in Sections 3.11-3.15 of this
Agreement, SPS is not required to obtain any further approval, action,
waiver or consent of any governmental body for its execution, delivery or
performance of this Agreement; and
(d) this Agreement has been duly and validly authorized by all
necessary corporate action and when executed and delivered will consti-
tute a valid and binding Agreement of SPS in accordance with its terms.
ERF 4/16/82 -5-
l
V. WATER RATES AND PAYMENT
Sectiun 5.1. Initial lase Rates. For all. Recl.ai.m Water delivered by the
Citv to SPS at the Point of Delivery, SPS agrees t..o pay the laity the following
rates ("Initial Base Rates"), based on the nui.t measure of one thousand
(1,000) gallons of water, U.S. Standard Liquid Measure:
(a)
For the
first fifty mil.l.iun (50,000,000) gallons per month --
twenty cents
(20G)
per one thousand (1,000) gallons.
(b)
For the
next fifty million (50,000,000) gallons per month --
ten cents
(10G) per
one thousand (1,000) gallons.
(c)
For the
next one hundred se,vent.y-five million (175,000,000)
gallons
per month
-- five cents 0.) per oil(! thousand (1,000) gallons.
(d)
For all
over two hundred seventy-fLve million (275,000,000)
gallons
per month
-- two cents (20 per one thousand (1,000) gallons.
Section 5.2. Initial Base Rate Adjustment. The Initial Base Rates set out
in Suction 5.1 of this Agreement shall be adjusted annually in the following
manner. On each anniversary of the 1st day of the month following the Execu-
tion Date ("Annual Adjustment Date") the rates to be charged for Reclaim Water
for the next year ("R") will be calculated as follows:
R=AB
C
WHERE :
A = each rate charged for Reclaim Water in the year preceding the
Annual Adjustment Date ("Annual Adjustment Year"),
B = the average cost per kilowatt hour- of electric energy delivered
by SPS to LP&L during the Annual Adjustment Year. (in accordance with SPS
wholesale rates applicable to LP&L), except that "B" shall not exceed the
calculated cost per kilowatt hour of firm power delivered to LP&L by SPS
at a load factor of 75% during the Annual Adjustment Year, and
C = the average cost per kilowatt hour of electric energy delivered
by SPS to LP&L during the year immediately preceding the Annual Adjust-
ment Year (in accordance with SPS wholesale rates applicable to LP&L),
except that "C" shall not exceed the calculated cost per kilowatt hour of
firm power delivered to LP&L by SPS at a load factor of 75% during the
year immediately preceding the Annual Adjustment Year.
(For any year that no wholesale electric energy is delivered to LP&L
by SPS, SPS's Large General Service Rate, including fuel costs, for Texas
will be used to calculate the rate adjustment in place of the SPS/I.P&L
wholesale rate.)
Section 5.3. Flow Pavme:nt. In addition to the other rrmouritS payable: to the
City in accordance with this Agreement, SPS agrees to pay monthly to the City
(within thirty (30) days after SPS receives an invoice setting out i.rr detail
the City's calculation of the amount due), Flow Payments ("Flow Payments"),
calculated in the. following manner. On .Tune 1 , of each year the number of
gallons of Reclaim Water delivered to SPS by the City each week during the
previous twelve (12) months wi11 be determined. The least numher of gall.orrs
delivered per week during the previous twelve (12) mout.lrs of each year ("Mini-
mum Weekly Flow"), shall he used to calcillat.e Flow Payments due tine succeedi.rrg
year.
For monthly billing purposes the Minimum Weekly Flow will be divided by seven
(7) to establish the "Const.:rut. Flow". '1'lte. Constant Flow will than be multi-
plied by the number of clays in the billing month to establish the "Monthly
Constant Flow". The actual number- of gallons of Reclaim W..rter: delivered by
the City to SPS during tine bil.liug moritli ti:iall. then be compared to the Montilly
Constant Flow.
If the actual number of gallons of Reclaim Wat(•r detl.iver.ed to SPS by the City
in the billing month is less t.harl the Monthly Constant V1ow, tliea Flow Payment
for that month shall be tre acte.tcrl cumber of g;iLlon:; delivered that month
ERF 4/16/82 -6-
divided by one thousand (1,000) and multiplied by one cent (lc). If the
actual number of gallons of Reclaim Water delivered in the billing month is in
excess of the Monthly Constant Flow the Flow Payment for that billing month
shall be the sum of (i) the Monthly Constant Flow divided by one thousand
(1,000) and multiplied by one cent (10) and (ii) the number of gallons of
Reclaim Water delivered to SPS by the City that month in excess of the Monthly
Constant Flow divided by one thousand (1,000) and multiplied by two and one-
half cents (22c).
Section 5.4. Annual Adjustment of Flow Payment. As the Minimum Weekly Flow
used to determine the Flow Payment is based on the previous years experience
and is thus an estimate of the actual Minimum Weekly Flow, upon a determin-
ation of the actual Minimum Weekly Flow, to be used to estimate the succeeding
years Flow Payments, the parties will use the actual Minimum Weekly Flow to
adjust any payments made during the past year which would have been different
had the actual Minimum Weekly Flow been known. Debits and credits to adjust
past Flow Payments to the actual Minimum Weekly Flow shall be reflected on the
next monthly invoice to SPS.
Section 5.5. Penalties for Non -Conforming Reclaim Water. If Reclaim Water
delivered to SPS by the City does not conform to the Standards set out in
Section 3.3 of this Agreement, SPS, at its option, may either refuse delivery
of the non -conforming Reclaim Water or take delivery of the water subject to
the following adjustments in the price of the nonconforming Reclaim Water.
The following penalties shall have no effect on the provisions of Sections
5.3, 5.4, 5.6, 5.7, or 5.8 of this Agreement.
(a) For all Reclaim Water delivered to SPS by the City that does
not conform to the Standards set out in Section 3.3(a) of this Agreement,
SPS will pay to the City a total of one cent (l(,) per one thousand
(1,000) gallons.
(b) For all Reclaim Water delivered to SPS by the City that does
not conform to the Standards regarding SS or BOD set out in Sections
3.3(b) and (c) of this Agreement, the following percentage penalties
shall be applied to reduce the payments specified in Sections 5.1 and 5.2
of this Agreement.
BOD or SS Penalty
25-30
ppm
10%
31-35
ppm
200%.
36-40
ppm
30%
41-50
ppm
50%
51- +
ppm
100%
(c) The cost of all Reclaim Water delivered to SPS by the City that
does not conform to the Standards set out in Section 3.3(d) of this
Agreement, will be reduced by five per cent (5°0) for each ppm in excess
of the Standard.
(d) The cost of all Reclaim Water delivered to SPS by the City that
does not conform to the Standards set out in Section 3.3(e) of this
Agreement will be reduced by six cents (60) per one thousand (1,000)
gallons.
(e) Should Reclaim Water delivered to SPS by the City fail to
conform to more than one of the Standards set out in Section 3.3 of this
Agreement, the applicable penalty which reduces the overall cost of
Reclaim Water the greatest amount, will be imposed. In no event shall
any penalty imposed exceed 100% of the amounts due under Sections 5.1 and
5.2 of this Agreement.
Section 5.6. Pumping Cost Reimbursement. In addition to those payments due
the City in accordance with other Sections of this Agreement, SPS agrees to
reimburse all costs incurred and paid by the City for electric power needed to
pump Reclaim Water from the City's Southeast Lubbock Water Reclamation Plant
to the Jones Station Point of Delivery. SPS will have the right to provide
this electric power itself if the costs to be reimbursed to the City are, in
SPS's opinion, excessive.
ERF 4/16/82 -7-
Section 5.7. Surcharge. In addition to other amounts payable to the City in
accordance with this Agreement, SPS will pay the City, monthly, within thirty
(30) days after receipt by SPS of an invoice setting out in detail the City's
calculation of the amount due, a surcharge of two (2) cents per one thousand
(1,000) gallons for Reclaim Water delivered to SPS by the City.
Section 5.8. Energy Charge. In addition to other amounts payable to the City
in accordance with this Agreement, SPS will pay the City, monthly, within
thirty (30) days after receipt by SPS of an invoice setting out in detail the;
City's calculation of the amount due, an energy charge ("EC") calculated as
follows:
Energy Charge = (A)(C)(D)
(B)
WHERE:
A = the total number of kilowatt hours used by the City (during the
month for which an energy charge is being made) ("Calculation Period") in
the City's operation of its activated sludge sewage treatment systems,
B = the total number of one thousand (1,000) gallon units of water
treated by the City's activated sludge sewage treatment systems during
the Calculation Period,
C = the total charge per kilowatt hour for electric energy billed to
LP&L by SPS for all wholesale power delivered to LP&L by SPS during the
Calculation Period, except that "C" shall not exceed the calculated cost
per kilowatt hour of firm power delivered to LP&L by SPS at a load factor
of 75% during the Calculation Period.
D = the total number of one thousand (1,000) gallon units of acti-
vated sludge treated Reclaim Water delivered per day to SPS by the City
in excess of twelve million (12,000,000) gallons per day during the
Calculation Period.
If, during any Calculation Period no electric energy is delivered to LP&L by
SPS, "C" in the above equation will be equal to "C" in the most recent calcu-
lation of EC, assuming no change in SPS's Large General Service Rate for Texas
since the most recent calculation of EC.
If, during any Calculation Period in which no electric energy is delivered to
LP&L by SPS, there is a change in SPS's Large General Service Rate for Texas,
including fuel costs, "C" will be adjusted up or down for that Calculation
Period (and will remain the same until any further adjustment in SPS's Large
General Service Rate in Texas, including fuel costs, at which times "C" will
again be adjusted in the same manner) in the same percent as the change in
SPS's Large General Service Rate for Texas, including fuel costs.
VI. TERM
Section 6.1. Initial Term. The initial term ("Initial Term") of this Agree-
ment shall be for a period of thirty-seven (37) years, commencing, subject to
SPS's exercise of the Option, on the earlier to occur of (a) January 1,,, 1987,
or (b) the placing of all or any part of SPS 6 and 7 Station improvements on
the tax rolls of Lubbock County, Texas, or any other member of the Lubbock
County Tax Appraisal District having the authority to tax SPS 6 and 7 Station
("Commencement Date"). The Commencement Date, when established, shall be
stated in a letter to be executed by both parties to this Agreement. A copy
of the letter is to be attached to this Agreement as Exhibit "C".
Section 6.2. Extended Term. The term of this Agreement shall be automati-
cally extended from year to year ("Extended Term") after the expiration of the
Initial Term, subject to the termination provisions contained in Section 6.3
of this Agreement.
Section 6.3. Termination. This Agreement may be terminated by either party
at the expiration of the Initial Term or any Extended Term only if the party
desiring to terminate gives written notice of termination to the other party
at least three (3) years prior to the intended termination date. A longer
period of notice is requested, if possible.
ERF 4/16/82 -8-
Section 0".4. Jones Agreement. On Commencement Date, the Jones Agreement
will terminate and be totally replaced (except for liability provisions and
liabilities already incurred) by the terms and conditions of this Agreement.
However, Flow Payments due under the Jones Agreement will continue in ac-
cordance with the Jones Agreement until redetermined in accordance with Sec-
tion 5.3 of this Agreement.
VII. FORCE MAJEURE
Section 7.1. Defined. The term "Force Majeure" as used in this Agreement
shall mean acts of God, acts of the public enemy, blockades, insurrections,
strikes, riots, disorders, civil disturbances, fires, explosions, storms,
floods, landslides, washouts, labor and material shortages, boycotts, break-
downs of or damage to plants, equipment or facilities, interruptions to trans-
portation, embargoes, acts of military authorities, acts of local, state or
federal agencies or regulatory bodies, court actions, arrests and restraints,
and, without limitation by enumeration, any other cause or causes not reason-
ably within the control and without the fault or negligence of the party
claiming Force Majeure.
In addition, if either party is delayed, restricted or prohibited
from performing its part of this Agreement as a result of restrictions upon,
delays in receiving, or failure to receive, any permits, approvals, licenses
or other required governmental authority, these restrictions, delays or fail-
ures, shall be deemed to be Force Majeure provided the cause or causes of any
event of this nature is not reasonably within the control of and is not due to
the fault or negligence of the party claiming Force Majeure.
Section 7.2. Effect. If, because of Force Majeure, either party to this
Agreement is unable to carry out any of its obligations under this Agreement,
and if that party shall promptly give to the other party written notice of the
particulars of the event of Force Majeure, then, the obligations of the party
giving notice shall be suspended to the extent made necessary by the event of
Force Majeure and during its continuance. The party giving the notice shall
use its best efforts to eliminate the Force Majeure with all reasonable dili-
gence and dispatch. Nothing contained in this Agreement shall require the
party affected by the Force Majeure to submit to an unreasonable labor agree-
ment, and it is agreed that any settlement of labor strikes shall be entirely
within the reasonable discretion of the affected party.
VIII. OPTION
Section 8.1. Condition Precedent. Although the parties to this Agreement
have executed and delivered this Agreement, it shall not take effect until the
exercise by SPS of the Option granted in Section 8.2 of this Agreement.
Section 8.2. Grant of Option. For the sum of Five Hundred ($500) dollars
cash and other valuable consideration, the receipt and sufficiency of which is
acknowledged, the City, by this Agreement, grants SPS the exclusive right and
option to give effect to this Agreement in accordance with all of the terms
and conditions set out in this Agreement ("Option").
Section 8.3. Duration of Option. The Option shall commence on Execution
Date and shall continue for a period of ninety (90) days after Execution Date
("Initial Option Period"). From and after the expiration of the Initial
Option Period, SPS will continue to have the option of first refusal, as
described below, for a period of one (1) year ("Secondary Option Period").
If, during the Secondary Option Period, the City receives a bona fide
written offer from a third party to purchase the Reclaim Water, SPS shall
immediately be notified of the offer by delivering to SPS a copy of the offer,
which may be accomplished in the manner described in Section 9.1 of this
Agreement. Upon receipt of a copy of any bona fide offer, as described, SPS
will have thirty (30) days to exercise the Option.
Section 8.4. Notice of Exercise of Option. SPS may exercise this Option by
executing and delivering to the City a copy of the Option Acceptance Letter
attached to this Agreement as Exhibit "D". Delivery of the Option Acceptance
Letter will be deemed sufficient if delivered in accordance with the provi-
sions of Section 9.1 of this Agreement.
ERF 4/16/82 -9-
Section 8.5. Effect of Failure to Exercise Option. In the event SPS fails
to exercise the Option prior to the expiration of the Option, in accordance
with its terms, this Agreement shall automatically become null and void and of
no further force and effect.
IX. GENERAL
Section 9.1. Notice. Any notice to be given by the parties to this Agree-
ment shall be in writing and shall be sufficient if personally delivered or
sent certified mail, return receipt requested, postage prepaid, to the fol-
lowing addresses. Notice to SPS shall be sufficient if made or delivered to:
Southwestern Public Service Company
1120 Hain Street
P. 0. Box 631
Lubbock, Texas 79408
Attention: Division Manager
Notice to the City shall be sufficient if made or delivered to:
City of Lubbock
City Hall
Box 2000
Lubbock, Texas 79457
Attention: City Secretary
Any notice shall be deemed delivered on the date mailed in the manner set out
above. The designation or address of the party to be notified may be changed
at any time by delivery of notice of that change to the other party.
Section 9.2. Indemnity by SPS. The City shall not be liable or responsible
for, and shall be saved and held harmless by SPS from and against any and all
claims and damages of every kind, (including injury to or death of any person
or persons and for damage to or loss of property), arising out of or attri-
buted, directly or indirectly, to (1) the operations or performance of SPS or
SPS's agents, employees or subcontractors under this Agreement, or (2) the
Reclaim Water after it passes the Point of Delivery, irrespective of the legal
theory upon which any claim or suit may be grounded.
Section 9.3. Indemnity by the City. SPS shall not be liable or responsible
for, and shall be saved and held harmless by the City from and against any and
all claims and damages of every kind (including injury to or death of any
person or persons and for damage to or loss of property), arising out of or
attributed, directly or indirectly, to (1) the operations or performance of
the City or the City's agents, employees or subcontractors under this Agree-
ment, or (2) the Reclaim Water before it passes the Point of Delivery, ir-
respective of the legal theory upon which any claim or suit may be grounded.
Section 9.4. Cumulative Remedies. Pursuit, by either party, of any remedy
available for default shall not constitute a forfeiture or waiver of any
amount due by the defaulting party or of any damages accruing by reason of the
violation of any of the terms, provisions, and covenants of this Agreement.
No waiver of any violation shall be deemed or construed to constitute a waiver
of any other violation or breach of any of the terms, provisions, and cove-
nants contained in this Agreement and forebearance to enforce one or more of
the remedies available, upon an event of default, shall not be deemed to
constitute a waiver of that default. Provided however, the sole remedy avail-
able to SPS for City's non-compliance with the standards for Reclaim Water set
out in Section 3.3 of this Agreement shall be through the remedies of Section
5.5 of this Agreement.
Section 9.5. Partial Invalidity. If any term, provision, covenant, or
condition of this Agreement is held by a court of competent jurisdicition to
be invalid, void, or unenforceable, the remainder of the provisions shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated.
Section 9.6. Entire Agreement. This Agreement contains the entire agreement
of the parties with respect to the matters covered by this Agreement. No
other agreement, statement, or promise made by any party, or to any employee,
officer, or agent of any party, which is not contained in this Agreement,
shall be binding or valid.
ERF 4/16/82 -10-
Section 9.7. Attornev's Fees. If any action at law or in equity, including
an action for declaratory relief, is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to re-
cover reasonable attorney's fees from the other party, which fees may be set
by the court in the trial of the action or may be enforced in a separate
action brought for that purpose. These fees shall be in addition to any other
relief which may be awarded.
Section 9.8. Assignment. This Agreement may be assigned by either party
upon notice in writing to the other party.
Section 9.9. Governing Law. This Agreement shall be governed by and con-
strued in accordance with the laws of the State of Texas.
Section 9.10. Successors and Assigns. This Agreement shall be binding upon
and inure to the benefit of the heirs, executors, administrators, successors,
and assigns of the respective parties to this Agreement.
Section 9.11. Lubbock County. The parties concur that the sole purpose of
the City entering into this Agreement is to furnish SPS with a sufficient
supply of Reclaim Water for the operation of SPS's generating facilities
located in Lubbock County only. Should SPS 6 and 7 Station not be located in
Lubbock County, Texas, as anticipated, this Agreement shall terminate and upon
its termination the Jones Agreement shall automatically be reinstated.
Each party to this Agreement
that party's acknowledgment. The
Agreement shall for all purposes be
edgment.
AT7
M
has executed the Agreement on the date of
Execution Date ("Execution Date") of this
deemed to be the date of the last acknowl-
CITY OF LUBBOCK, TEXAS
By
Bill McAlister, Mayor
SOUTHWESTERN PUBLIC SERVICE COMPANY
By
W. R. sler, Vice -President
Engineering & Construction
:ai'r tjVE3 AS TO FORM
HCEC81H by
ERF 4/16/82
-11-
P
STATE OF TEXAS )
COUNTY OF LUBBOCK )
4
This instrument was acknowledged before me on the ay of ,
1982, by Bill McAlister as Mayor of the City of Lubbock, Texas.
Notary Public, State of Texas.
My Commission expires %
STATE OF TEXAS )
COUNTY OF )
This instrument was acknowledged before me on the day of ,
1982, by W. R. Esler, Vice -President, Engineering & Constructs n of
Southwestern
Public Service Company, a New Mexico corporation, on behalf of said
corporation.
Notary Public, State of Texas
My Commission expires 61 30 94
ERF 4/16/82 -12-
APR 8 1�6C 983
it
exercise the option and has first opportunity of first refusal.
Following other general discussion the motion was made by Councilman
Brown, seconded by Councilwoman Baker to authorize the execution of
this contract with SPS for the purchase of sewage effluent by SPS in
accordance with the modifications and terms and conditions of the
contract and urge that the SPS officials locate both of the referenced
plants in the Lubbock County area. Motion carried: 5 Yeas; 0 Nays.
Mr. Horkey, President of the Chamber of Commerce, was present and
spoke words of appreciation for the interest and support of the
Council and the meaning this action will have to the industry.
JPB: cl
RESOLUTION NO. 1070
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 for
Option and Purchase of Treated Sewage Effluent with Southwestern Public Service
Company, under the following limitations and conditions:
(1) It be modified to reflect all terms and conditions arising from
acceptable counteroffers and changes from all parties agreed upon during
discussion before the City Council on this date; and,
(2) Verification by the City Attorney that all such agreed changes have
been in fact and law made upon the final document; and,
(3) While such document may be dated as effective for all purposes as
provided by its terms, this option shall nonetheless not be enforceable as
against the City of Lubbock until it is ratified in its final form upon
subsequent consideration as a regular adenda item on any regular or special
meeting of this City Council of the City of Lubbock, Texas,
attached herewith which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 8th
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/S/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
APPROVED AS TO FORM:
ISI James P. Brewster
James P. Brewster, Civil Trial Attorney
day of April 1982.
/S/ Bill McAlister
BILL McALISTER, MAYOR
82-41-983-1531 Consider one appointment to the URBAN RENEWAL AGENCY BOARD, to
(44) replace Thomas M. Longoria, who has resigned.
Appointed:
Reuban Garcia 1715 E. 48th (04) 765-9201
(to fill the unexpired term of Thomas M. Longoria)
Term: 4/8/82 - 11/26/83
82-41-984-1532 Consider one appointment to the LUBBOCK HOUSING FINANCE CORPORATION,
(45) to fill the position of Deborah D. Brown, who was unable to accept
her appointment of March 11.
Appointed:
Mary Bobbitt 3702 - 75th (23) 763-5036
Attorney
(to fill the unexpired term of Deborah D. Brown)
Term: 4/8/82 - 12/31/85
82-41-984-1533 Consider one appointment to the LUBBOCK HEALTH FACILITIES
(46) DEVELOPMENT CORPORATION to fill the unexpired term of
George Sell, who has moved out-of-town.
Appointed:
Cuyler Lawrence 3806 - 62nd Dr. 792-5002
(to fill the unexpired term of George Sell)
Term: 4/8/82 -
82-41-984-1534 Consider one appointment to the CIVIC CENTERS BOARD, to fill the
(47) unexpired term of Robert L. York, who has resigned due t-obusiness
commitments. This term expires 8/1/83.
Appointed:
A.E. "Gene" Quest 3311 - 46th 799-4572
(to fill the unexpired term of Robert L. York)
Term: 4/8/82 - 8/l/83
82-41-984-1535 Consider one appointment to the CIVIL SERVICE COMMISSION to fill
(48) The unexpired . term of Joe Minkley, who has resigned for reasons
of health. His term expires 1/29/84.
Appointed:
Richard "Rick" Cohen 5523 - 75th 794-2843
(to fill the unexpired term of Joe Minkley)
Term: 4/8/82 - 1/29/84
82-41-984-1536 Consider two appointment to the URBAN DESIGN AND HISTORIC PRESERVATION
(49) COMMISSION to fill the unexpired terms of Bill Cantrell and Elois
Elliot, who have resigned. Their terms expire September 14, 1983.
Appointed:
Raymond Powell 5050 - 21st 795-7624
Mrs. Bo Brown ("Lady") 2822 - 91st 745-5478
Term: 4/8/82 - 9/14/83
Motion was made by Mayor Pro Tem Alan Henry, seconded by Councilwoman
Baker to accept the above Board nominations. Motion carried: 4 Yeas;
0 Nays. Councilman Brown was absent from the Chambers.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem
Henry to adjourn the meeting at 4:05 p.m. Motion carried: 4
0 Nays; Councilman Brown absent from the Chambers.
A
BILL McALISTER, MAYOR
A TEST:
Evelyn Gatfga, le City `S�eepOry-Treasurer
READ AND APPROVED THIS 22nd DAY OF APRIL, 1982.
B L
AL McALISTER, MAYOR
ATTEST: