HomeMy WebLinkAboutMinutes - City Council - Regular - 12/16/1982DEC 1982
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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
DECEMBER 16, 1982
The City Council of Lubbock, Texas met for its regular meeting Thursday,
December 16, 1982, at 9:30 a.m. in the City Council Chambers, Second
Floor City Hall.
Those present:
Mayor Bill McAlister, Mayor Pro Tem Henry, Councilman E. Jack Brown,
Councilwoman Joan Baker, Councilman M. J. Aderton, City Manager Larry Cunningham,
City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga.
Absent: None
32-41A-1515-2287 The invocation was given by Mayor Pro Tem Alan Henry.
(1)
2-41A-1515-2288 The Pledge of Allegiance to the Flag was given in unison by those present in the
(2) Council Chambers.
2-41A-1515-2289 Following the Pledge of Allegiance, Santa Claus made his annual appearance and
(2a) extended the Season's Greetings to all members on the dias and presented them attractive
containers of caramel popcorn.
2-41A-1515-2290 Mayor Pro Tem Henry also commented that the City Secretary had bestowed upon the
(2b) Council the new Code of Ordinances which had been recodified with the Christmas
Resolution on the inner cover. This is the first release of the new edition of the
Code.
32-41A-1515-2291 Ordinance 8383, Zone Case #1875-1
(3)
An ordinance changing Lot 4, Commanders Addition, from C-3 to C-4 zoning district,
*NOTE: Amended by located south of 19th Street and west of Milwaukee Avenue.- subject to all C-4,uses
Ord. 8383-A with the following exceptions:
(8/11/83)
1. Automatic body shops.
2. Bill boards.
3. Commercial private clubs and teenage clubs.
4. Dance halls.
5. Feed store.
6. Furniture store.
7. Gameroom, Pool, billard and/or domino parlor.
8. Motorcycle shop.
9. Public kennel.
10. Second hand goods store or pawn shop.
11. Used car lot.
SMH/mck
ORDINANCE NO. 8383
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. 1875-J; TO
CHANGE LOT 4, COMMANDERS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM C-3 TO C-4 ZONING DISTRICT; SUBJECT TO C-4 USES WITH CONDITIONS; PROVIDING FOR
A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
i2-41A-1515-2292 Ordinance 8384, Zone Case #2387
(4)
An ordinance changing Lots 1, 2 and East 90' of Lot 3, Block 1, Westgate Drive
Addition to amend conditions of Ordinance #3681, located ' at 179-t-h Street and Quaker
Avenue, subject to the following conditions:
1. That clinics and banks be permitted uses on this tract.
2. That a 7' red cedar stockade fence be erected across
the alley on the adjacent property owner's property.
3. Any dumpster in the alley be limited to,3 yd. cubic
capacity.
4. To allow rear access from the building to the alley.
SHM/mck
ORDINANCE NO. 8384
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. 2387; TO CHANGE
T nrVO 1 7 A— —1- - A — n n --rim - - I-- I __ _ I,---- ......... __ ____ . __ ___ ___ - - __
.15:16
82-41A-1516-2293
(5)
82-41A-1516-2294
(6)
82-41A-1516-2295
(7)
82-41A-1516-2296
(8)
Ordinance 8385 Zone Case #2388
An ordinance for a Specific Use zone change, from R-1 to AM Specific Use Permit for
an automatic teller machine on the west 40' of Lot 21, Block 2, Westlawn Addition,
located at 21st Street and Indiana Avenue, subject to the following conditions:
1. That a detailed landscape plan be submitted prior to
first reading of City Council.
2. That the kiosk structure be moved a minimum of 8' to
the north for three full car lengths of stack -up space
on the development lot.
SMH/mck
ORDINANCE NO. 8385
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. 2388; A SPECIFIC
USE ZONE CHANGE, FROM R-1 TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION
22.3-23 OF THE ZONING ORDINANCE, FOR AN AUTOMATIC TELLER MACHINE ON THE WEST 40 FEET
OF LOT 21, BLOCK 2, WESTLAWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS;
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 8386, Zone Case #2389
An ordinance changing a tract of land out of Sec. 18, Block A, from R-1 to Ml zoning
district, located south of Clovis Road and east of Quaker Avenue, subject to the
following condition:
1. That the zoning be changed to IDP.
SMH/mck
ORDINANCE NO. 8386
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. 2389; TO CHANGE
A TRACT OF LAND OUT OF SECTION 18, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
FROM R-1 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 8382
An ordinance related to proposed paving improvements for portions of South Quaker
Avenue from Loop 289 south to 82nd Street (GWO 11, 591).
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G.W.O. 11,591
ORDINANCE NO. 8382
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF
IMPROVING A PORTION OF THE FOLLOWING STREET: QUAKER AVENUE FROM SOUTH LOOP 289 TO
82ND STREET, SUCH PORTION BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS
OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF, SAID PORTION OF SAID
STREET BEING IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH
ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF,
ALLOCATING FUNDS.
Ordinance 8387
An ordinance abandoning and closing a portion of an alley in Whisperwood Addition.
The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass
Ordinance Nos. 8383, 8384, 8385, 8386, 8382, and 8387 on second reading. Motion
carried: 5 Yeas, 0 Nays.
JWF:da ORDINANCE NO. 8387
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION
OF A 20 FOOT ALLEY BEING WEST OF LOT 58, WHISPERWOOD ADDITION TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO
INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
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13EC
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A. Olen Horne #1
B. Lulain #lA
C. O'Hair #2
D. A. L. Horne #1
E. L, Edwin Smith #4
F. Hillcrest #4
G. Hillcrest #5
H. Webb #2
I. Sessions #1
J. E. C. Horne #1
K. Wheeler #2
"
L. Red Raider #1 i
M. Lucille #1
N. Teal #1
0. Texland #1 (Northridge #1)
77
Under the provisions of Section 19A of the Code regulating Oil and Gas Drilling
Permits, it is permissible for the permittee to request a reduction of the bond upon
completion of drilling the various wells. Texland makes request to reduce the bond
on the above referenced well sites.
The motion was made by Councilman Aderton, seconded by Councilman Brown to grant the
bond reduction on the above referenced wells. Motion carried: 5 Yeas, 0 Nays.
82-41A-1517-2298
(16)
Consider the price and conditions of sale of Parcel 16-2 (a part thereof) in the
Coronado -Tex. R-33 Area.
The motion was made by Councilman Aderton, seconded by Councilman Brown to approve
the above referenced item. Motion carried: 5 Yeas, 0 Nays.
82-41A-1517-2299
Consider approval of contingency funds for Emergency Repair Program.
(17)
The CD Emergency Repair Program has met with tremendous success, twenty-five homes
having been repaired to date. These repairs consist of electrical and plumbing
repairs, roof repairs and leaking gas lines. The recipients included the elderly,
handicapped, and single -women head -of -households with children.
Originally $15,000 was budgeted for this project and all the allocated funds have
been used. The maximum amount awarded to any recipient is $1000 and all recipients
have been designated as below the poverty level of income.
Presently, there have been many applications that have been declined for lack of
funds and at the September 9, 1982 Council Meeting, Councilwoman Baker asked whether
or not there were some additional funds in the CD Contingency Fund to continue
supplementing this program for this season. It is projected that another additional
$10,000 would be adequate and would approximately serve fifteen (15) homes.
The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve
the additional allocation of $10,000 to the CD Emergency Repair Program. Motion
carried: 5 Yeas, 0 Nays.
82-41A-1517-2300
(9)
Hold.a, public hearing for the purpose of considering late payment charge and deposits
for electric customers.
At the December 9, Regular City Council Meeting, the Council ordered the referenced
hearing sitting as a regulatory body concerning the matter of late payment charge
and deposits required of electric and water customers.
At the 8:30 work session, this matter was discussed extensively once again prior to
the hearing and City Attorney Ross expounded once again on all of the pitfalls under
the PURA relating to late payment charges and deposits required of electric customers.
As stated in the December 9 minutes, the issue is that there are no restrictions
placed upon municipally owned utilities (LP&L), but there are restrictions placed
upon SPS, who is under the jurisdiction of the City Council regarding its activities
within the corporate city limits of Lubbock. Ross indicated he had checked with
General Council of the PUC as well as other members of the Legal staff; he had
checked with other municipalities regarding how they handle the matter and his
summation in brief was that there had never before been any precedent established;
that the sections under the PURA is conflicting, ambiguous, and subject to interpretation,
particularly as it relates to the late payment charges being defined as a "service"
or as "rate". The issue primarily centers around residential customers inasmuch as
there are no restrictions on commercial or industrial customers.
Councilman Brown indicated that we need to be hard-nosed and implement the late -
payment charge to counter the enormous amount of uncollectible bills, that we are
speaking of large sums of money, and there needs to be some action taken regarding
this. If it becomes an issue that is subject to challenge and litigation, then it
must be defended. He once again asked City Attorney Ross whether or not the issue
was defendable in court, to which Ross responded that an argument could be made
either way.
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82-41A-1518-2301
(10)a
82-41A-1518-2301
(10b)
Then in accordance with a notice posted on December 10, 1982, a public hearing was
held on the above matter.
There was no opposition and no discussion at the public hearing, and no additional
comments made by members of the staff or Council at this time.
The hearing was closed at 10:50 a.m.
Consider action regarding late payment charges and deposits for electric customers.
Ordinance No. 8388
Ordinance No. 8388 speaks to the deposits, late -payment charges for electric customers.
DGV: da
ORDINANCE NO. 8388
AN ORDINANCE AMENDING SEC. 11-4 AND SEC. 11-5 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEPOSITS, LATE PAYMENT PENALTIES AND
DISCONTINUANCE OF CITY ELECTRICAL SERVICE; AND PROVIDING A SAVINGS CLAUSE.
Ordinance No. 8389
Ordinance No. 8389 speaks to the late -payment charges for water customers.
DGV: da
ORDINANCE NO. 8389
AN ORDINANCE AMENDING SEC. 34-14 OF THE CODE OF ORDINANCES OF THE CITY OF,
LUBBOCK WITH REGARD TO LATE PAYMENT PENALTIES FOR COMMERCIAL CUSTOMERS OF THE
CITY WATER SERVICE; AND PROVIDING A PENALTY.
Order and Resolution No. 1290
Order and Resolution No. 1290 speaks to the late -payment charges and deposits for
LP&L and SPS.
At the regular session, the Council was apprised there were three documents that
they were to consider, referenced above, the Order and Resolution implementing the
Council action, and the ordinances making it official in some way. The Council was
apprised that in the event the Order and Resolution was approved, the implementation
date, according to the Data Processing folks, would be March 1, 1983. The Council
also was apprised that the documents incorporated affected Southwestern Public
Service pursuant to the Council's action as the regulatory authority.
Lee Stafford asked to speak to the Council as chairman of the Electric Utility Board
and urged them to consider these matters in their capacity as the regulatory authority;
that to yield to the guidelines of the PUC was placing their authority in their
jurisdiction as regulatory authority in jeopardy and both utilities would be the
loser; that the Council as a regulatory authority does have jurisdiction over Southwestern
Public Service within the corporate city limits and he urged them to maintain this
jurisdictional control.
The motion was made by Councilman Brown that Ordinance No. 8388 and Ordinance No.
8389 be passed on first reading and said ordinances to be amended before second
reading to reflect that a late -payment charge and deposits for residential, commercial,
and industrial electric customers be in effect; to approve the Order and Resolution
No. 1290 implementing a 5% late -payment charge for electric residential, commercial,
and industrial as well as all water customers; that a deposit on electric residential
customers be implemented at $50.00 and the deposit for commercial -industrial customers
be 1/6 of an estimated annual billing; that the Order and Resolution implementing
these elements would go into effect March 1, 1983, and the staff was directed to get
their bookkeeping house in order to implement these charges for both LP&L and Southwestern
Public Service as of March 1, 1983. The motion was seconded by Councilwoman Baker.
The ballot was taken: 4 Yeas, Henry voting Nay.
As additional input regarding these approved charges, the money paid by the customers
as deposit would be placed in an interest -bearing account (6%) and the customer
would be subject to refund upon request either when the service was discontinued, or
when 12 consecutive residential billings had been paid without service being disconnected
or without any late payment charges. All applicants over 65 would be exempt from
the deposit requirement. No deposit would be required of an applicant who had been
a customer of the utility within the last two years and was not delinquent in payment
during the last 12 months. No deposit would be required if an applicant furnished
in writing satisfactory guarantee to secure the payment of the bills or furnished
credit cards or letters or credit.
DGV:da
_#2 ORDER AND RESOLUTION �7' - �� ___()
AN ORDER AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, SITTING
AS A REGULATORY AUTHORITY UNDER VERNON'S ANN.CIV.ST., ART. 1446c, AS TO SOUTHWESTERN
PUBLIC SERVICE COMPANY, A PUBLIC UTILITY, AND AS THE CITY COUNCIL OF THE CITY OF
WHEREAS, the City Council of the City of Lubbock, upon its own motion and in
accordance with the terms of §42, Art. 1446c, V.A.C.S., ordered and conducted on
December 16, 1982, a public hearing with regard to the reasonableness of late
payment penalties and customer deposits charged by Southwestern Public Service
Company and to determine whether changes in rates or tariffs may be appropriate, and
WHEREAS, the City Council of the City of Lubbock likewise, upon its own motion
conducted a public hearing on the date above -mentioned concerning the reasonableness
of late payment penalties and customer deposits charged by Lubbock Power and Light
and Water and to determine whether changes in rates or tariffs may be appropriate,
and
WHEREAS, representatives of both Southwestern Public Service Company and
Lubbock Power and Light and Water were present at such hearing, and
WHEREAS, at the hearing information was presented to the City Council concerning
rates and tariffs of both Southwestern Public Service Company and Lubbock Power and
Light and Water, and
WHEREAS, neither company currently has in effect a tariff providing for any
type of deposit or late payment penalty within the City of Lubbock, and
WHEREAS, the lack of a deposit requirement and late payment penalty in the
tariffs charged by both utilities for electric service is unreasonable in that it
discriminates against those customers who pay their charges promptly and totally and
it causes both utilities to seek rate increases to offset the deficiencies in revenues
from such practices at more frequent times than would be necessary if deposits and
late payment penalties are incorporated into the tariffs of both companies, and
WHEREAS, the lack of a deposit requirement and late payment presently is
unfair to both utilities in that it erodes what has heretofore been found to be
necessary rates to provide a reasonable return to both companies, and
WHEREAS, the City Council makes the following finding as to Southwestern
Public Service Company:
1. Southwestern Public Service Company is a regulated Public Utility as
defined in §3 of Art. 1446c, V.A.C.S.
2. The purpose of the Texas Public Utility Regulatory Act of 1975 (Art.
1446c) is set forth in §1 of said Act as follows:
The purpose of this Act is to establish a comprehensive regulatory
system which is adequate to the task of regulating public utilities
as defined by the Act, to assure rates, operations, and services
which are just and reasonable to consumers and to the utilities.
3. That any changes to existing tariffs of Southwestern Public Service
Company hereinafter ordered are changes in rates of said company as that
term is set forth in §3(d) of Art. 1446c, V.A.C.S.
4. That §17(a), Art. 1446c, V.A.C.S. grants to the governing body of each
municipality exclusive original jurisdiction over all electric rates
provided by an electric utility within its city.
5. That the requirement found in §22, Art. 1446c, V.A.C.S. to regulate
Public Utilities in accord with the same standards and rules as the
Commission or other standards and rules not inconsistent therewith does
not apply to the matter before the City Council since the limitation set
forth in said section applies only to service and not rates and these
terms are defined separately and differently in the Act.
6. That the duty of the City Council, sitting as a regulatory authority, in
setting rates is set forth in §38, Art. 1446c, V.A.C.S. as follows:
"(a) It shall be the duty of the regulatory authority to insure that
every rate made, demanded, or received by any public utility, or by
any two or more public utilities jointly, shall be just and reasonable.
Rates shall not be unreasonably preferential, prejudicial, or discrimin�
but shall be sufficient, equitable, and consistent in application to
each class of consumers. For ratemaking purposes, the commission or
railroad commission may treat two or more municipalities served by a
public utility as a single class wherever the commission or railroad
commission deems such treatment to be appropriate."
7. That §45, Art. 1446c, V.A.C.S., states that no public utility may establish
and maintain any unreasonable differences as to rates of service either as
between localities or as between classes of service.
8. That the current tariff implementing Southwestern Public Service Company's
current rate is unreasonable and does not insure rates that are just
between all classes of customers served by said utility. That said tariff
is unjust and unreasonable in the following particulars:
(a) No late payment penalty is required for any class of customer.
(b) No deposit is required for any class of customer.
(d) That failure to provide for a late payment charge and for a deposit
produces revenue deficiencies which will require future requests for
rate increases to make up for said revenue deficiency.
(e) That customers who pay their charges in full and on time will be
looked to to bare the expense of future rate increases to make up the
revenue deficiency caused by the lack of an adequate late payment
penalty and deposit requirement.
(f) That failure to provide for a late payment penalty and deposit in the
current tariff leads to an erosion of the existing rates necessitating
additional rate increases to provide a reasonable return to Southwestern
Public Service Company.
(g) That the current tariff has no provision to encourage the prompt
payment of utility bills rendered by Southwestern Public Service
Company.
(h) That the current tariff has no provision to protect against the non
payment of a bill rendered by Southwestern Public Service and a
deposit requirement will assist in this regard.
9. In order to carry out the purpose of the Texas Public Utility Regulatory
Act of 1975 the current tariff of Southwestern Public Service Company
should be changed to provide for a late payment penalty and deposit requiremen
as hereinafter ordered.
10. That it is the duty of the City Council sitting as a regulatory authority
to insure that every rate made, demanded or received by any Public Utility
. . . shall be just and reasonable. It is the further duty of the City
Council sitting as a regulatory authority to see that rates shall not be
unreasonably preferential, prejudicial or discriminatory, but shall be
sufficient, equitable and consistent in application to each class of
consumers. (Emphasis Added)
11. That the failure of any new tariff as hereinafter ordered, to apply to all
classes of customers would be unjust and unreasonable discrimination
between classes of customers served and in violation of §45, Art. 1446c,
V.A.C.S. and that such tariff would not be consistent in its application
to each class of consumers as required by §38 of the aforementioned statute.
12. That the City Council sitting as a regulatory authority, after notice and
hearing as required in §42, Art. 1446c, V.A.C.S. on its own motion does
hereby find that the tariff of Southwestern Public Service Company should
be amended and changed to provide for a late payment penalty and deposit
requirement for all classes of consumers served by said utility as hereinafter
ordered, and
WHEREAS, the City Council makes the following finding as to Lubbock Power and
Light and Water:
1. That Lubbock Power and Light and Water is not a Public Utility as defined
in §3, Art. 1446c, V.A.C.S.
2. That the rates and tariffs of Lubbock Power and Light and Water are set
by the City Council of the City of Lubbock.
3. That the current tariff implementing Lubbock Power and Light and Water
current rates does not contain, as to any class of customer served by said
utility, any provision for a late payment penalty or a deposit requirement.
4. That the current tariff implementing Lubbock Power and Light and Water
current rates is unreasonable and does not insure rates that are just
between all classes of customers served by said utility. That said
tariff is unjust and unreasonable in all the particulars as heretofore set
forth above for Southwestern Public Service Company.
5. That in order to provide just, fair and reasonable rates for Lubbock Power
and Light and Water the current tariff of said utility should be amended
and changed to provide for a late payment penalty and deposit requirement
for all classes of customers served by said utility as hereinafter resolved;
NOW THEREFORE:
BE IT ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
1. That Southwestern Public Service Company and Lubbock Power and Light and
Water shall charge a five (5%) percent late payment penalty for electric
0
service to all classes of customers, served by each utility.
2. That the late payment penalty of 5% shall be charged on all bills rendered
and issued for electric service by Southwestern Public Service Company and
Lubbock Power and Light and Water if said bill is paid by the consumer
after 15 days from issuance.
3. A bill shall be deemed issued and rendered to the consumer on the date
that said bill is deposited in the United States Mail properly addressed
to the consumer.
F1
4. That Southwestern Public Service Company and Lubbock Power and Light and
Water shall change and amend their tariffs to conform to this Order.
5, That Southwestern Public Service Company and Lubbock Power and Light and
Water shall file with the City Secretary of the City of Lubbock a true and
correct copy of the tariffs as amended and changed as required by this
Order and Resolution.
BE IT FURTHER ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1. That Southwestern Public Service Company and Lubbock Power and Light and
Water shall change and amend their tariffs to require a deposit from
customers of each utility for electric service as follows:
(a) For all commercial and industrial consumers a deposit of one -sixth
(1/6) of the estimated annual billings shall be required.
(b) For all residential consumers a deposit of Fifty ($50.00) Dollars
shall be required.
2. That the deposit requirements hereinabove required shall apply to con-
sumers seeking new electric service from Southwestern Public Service
Company and Lubbock Power and Light and Water after the effective date of
this Order and Resolution.
3. Notwithstanding any requirement set forth in paragraph I and paragraph 2
above set forth, a residential applicant shall not be required to pay a
deposit if any of the following conditions can be met by said applicant
for service:
(a) If the residential applicant has been a customer of any utility for
the same kind of service within the last two years and is not delinquent
in payment of any such utility service account and during the last
twelve (12) consecutive months of service did not have more than one
occasion in which a bill for such utility service was paid after
becoming delinquent and never had service disconnected for nonpayment;
or
(b) If the residential applicant furnishes in writing a satisfactory
guarantee to secure payment of bills for the service required; or
(c) If the residential applicant demonstrates a satisfactory credit
rating by appropriate means, including, but not limited to, the
production of generally acceptable credit cards, letters of credit
reference, the names of credit references which may be quickly and
inexpensively contacted by the utility, or ownership of substantial
equity.
(d) All applicants for permanent residential service who are sixty-five
(65) years of age or older will be considered as having established
credit if such applicant does not have an outstanding account balance
with the utility or another utility for the same utility service
which accrued within the last two years. No cash deposit shall be
required of such applicant under these conditions.
4. Notwithstanding any requirement set forth in paragraph I or paragraph 2
above set forth, a commercial or industrial applicant shall not be required
to pay a deposit if such applicant has been a customer of any utility
(including a municipal utility) for the same kind of service within the
last two years and is not delinquent in payment of any such utility service
account and during the last twelve (12) consecutive months of service did
not have more than one occasion in which a bill for such utility service
was paid after becoming delinquent and never had service disconnected for
nonpayment.
5. In every instance where Southwestern Public Service Company or Lubbock
Power and Light and Water have required a deposit in accordance with the
terms of this Order and Resolution, they shall pay interest on such deposit
required at an annual rate of six (6%) percent. In accordance with the
following terms and provisions:
(a) If a deposit is refunded within 30 days of its receipt no interest
payment shall be required.
(b) If a deposit is retained for 30 days or longer, interest shall be
prorated at the annual rate above mentioned and paid retroactive to
the date of deposit.
(c) When the customer has paid bills for service for twelve (12) consecutive
residential billings or for twenty-four (24) consecutive commercial
or industrial billings without having service disconnected for nonpayment
of charges for such service and without having more than two occasions
in which a bill was delinquent and when the customer is not delinquent
in the payment of the current bill, the utility shall promptly and
automatically refund the deposit plus accrued interest to the customer
in the form of cash or (at the option of the utility) a credit to the
customers bill. If a customer does not meet the criteria above set
forth for a refund of deposit plus accrued interest the utility shall
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(d) A deposit shall cease to draw interest on the date it is returned or
credited to customers account.
(e) Each utility shall keep records to show:
(1) The name and address of each depositor
(2) The amount and date of the deposit
(3) Each transaction concerning the deposit
(f) Each utility shall issue a receipt of deposit to each applicant from
whom a deposit is received, and shall provide means whereby a depositor
may establish a claim for refund (in all cases where the provisions
of subparagraph (c) are met) if the receipt is lost.
(g) Any retained deposit which has not previously been refunded to the
customer or credited to the customers account in accordance with the
provisions of subparagraph (c) above shall be credited to a customers
final bill for service.
6. That Southwestern Public Service Company and Lubbock Power and Light and
Water shall file with the City Secretary of the City of Lubbock a true and
correct copy of the tariff as amended or changed as required by this
order.
BE IT FURThER ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
That the effective date of this Order and Resolution shall be March 1, 1983,
and Southwestern Public Service Company and Lubbock Power and Light and Water shall
be in full compliance with this Order and Resolution by the above- mentioned date.
That the City Secretary is directed to serve a certified copy of this Order and
Resolution upon Southwestern Public Service Company and Lubbock Power and Light and
Water.
ORDERED AND RESOLVED by the City Council this 16 th day of Dece=ber, 1983,.
/S/ Bill McAlister
BILL McALISTER, MAYOR and Presiding
Officer of the Regulatory Authority
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
-Isl Carroll McDonald
Carroll McDonald, Director
of Electric Utilities
APPROVED AS TO FORM:
-Isl John C. Ross, Jr.
John C. Ross, Jr., City Attorney
1523--,
i
7 i
82-41A-1523-2302 Consider a resolution authorizing the Mayor to execute a Joint Funding Agreement
(18) with the Department of Interior for monitoring quality control at the Justiceburg
Resolution No. 1283
This is an on -going monitoring procedure to determine quality control at the Justiceburg
site and referenced agreement will cover the period of October 1, 1982 to September
30, 1983 at a cost of $4,440.00. The program covers the daily maintenance of the
chemical -quality station at Double Mountain Fork - Brazos River at Justiceburg.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Resolution No. 1283 authorizing this agreement.
Councilman Aderton asked Director of Water Utilities Sam Wahl if when the results
from the testing is available, that this information be made known to the citizens
to apprise them of the status of the Justiceburg site.
Motion carried: 5 Yeas, 0 Nays.
JWF/mck
RESOLUTION No. 1283
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 Joint Funding Agreement for
Water Resources Investigations with Geological Survey, United States Department of
Interior related to the Justiceburg Water Project, attached herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 16th day of
ATTEST:
/s/ Evelyn Gaffta
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
December -, 1982.
Isl Bill McAlister
BILL McALISTER, MAYOR
Isl Wilford D. Watson
Wilford D. Watson, Chief Water Utilities Engineer
APPROVED AS TO FORM:
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
ATTACHMENT NO. 1
Description of work and funding for water -resources investigations under joint -funding
agreement between CITY OF LUBBOCK and U.S. Geological Survey for the period October 1,
1982, to September 30, 1983.
Program Description
I. Quality -of -Water Investigations
A. Operation and maintenance of the following daily chemical -quality station:
08079600 Double Mountain Fork Brazoa River
at Justiceburg, Tex ------------------- $4440
TOTAL PROGRAM COST
$4,440
City of Lubbock share ----------------- $4,440
USGS share ----------------------------- 0
r
1524
Department of the Interior
Geological Survey
Joint Funding Agreement
FOR
WATER RESOURCES INVESTIGATIONS
THIS AGREEMENT is entered into as of the lst day of October 1982 by the GEOLOGICAL
SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part and the
CITY OF LUBBOCK party of the second part.
1. The parties hereto agree that subject to the availability of appropriations and in
accordance with their respective authorities there shall be maintained in cooperation
a program involving the collection of daily chemical -quality data,
hereinafter called the program.
2. The following amounts shall be contributed to cover all of the cost of the necessary
field and office work directly related to this program, but excluding any general
administrative or accounting work in the office of either party.
(a) $0 by the party of the first part during the period
October 1, 1982 to September 30, 1983.
(b) $4,440 by the party of the second part during the period
October 1, 1982 to September 30, 1983, of which $4,440 is unmatched.
(c) Additional amounts by each party during the above period or succeeding
periods as may be determined by mutual agreement and set forth in an exchange
of letters between the parties.
3. Expenses incurred in the performance of this program may be paid by either party
or in conformity with the laws and regulations respectively governing each party,
provided that so far as may be mutually agreeable all expenses shall be paid in the first
instance by the party of the first part with appropriate reimbursement thereafter by the
party of the second part. Each party shall furnish to the other party such statements
or reports of expenditures as may be needed to satisfy fiscal requirements.
4. The field and office work pertaining to this program shall be under the direction of
or subject to periodic review by an authorized representative of the party of the first
part.
5. The areas to be included in the program shall be determined by mutual agreement between
the parties hereto or their authorized representatives. The methods employed in the
field and office shall be those adopted by the party of the first part to insure the
required standards of accuracy subject to modification by mutual agreement.
61 During the progress of the work all operations of either party pertaining to this
program shall be open to the inspection of the other party, and if the work is not
being carried on in a mutually satisfactory manner, either party may terminate this
agreement upon 60 days written notice to the other party.
7. The original records resulting from this program shall be deposited ultimately in
the office of the party of the first part and shall become part of the records of that
office. Copies shall be furnished to the party of the second part upon request.
8. The maps, records or reports resulting from this program shall be made available
to the public as promptly as possible. The maps, records or reports normally will be
published by the party of the first part. However, the party of the second part reserves
the right to publish the results of this program and, if already published by the party
of the first part shall, upon request, be furnished by the party of the first part, at
cost, impressions suitable for pusposes of reproduction similar to that for which the
oroginal copy was prepared. The maps, records or reports published by either party shall
contain a statement of the cooperative relations between the parties.
CITY OF LUBBOCK
GEOLOGICAL SURVEY
UNITED STATES
DEPARTMENT OF THE INTERIOR
By
(Signature & Title)
District Chief, WRD
Austin, Texas
wo
By
By
Mayor
DEC 16 1982 1523'
182-41A-1525-2303
*NotW) Water Rights
Lease Agreement,
Acknowledgements, and
Exhibits "A" through
"D" are filed with
original resolution.
Consider a resolution authorizing the Mayor to sign revised water rights lease (Reso
12181$ 9/23/82).
Resolution No. 1284
On September 23, 1982 the Council approved a Water Rights Lease Agreement with
Archie Baker and Keith Blair, New Mexico residents, regarding some water rights
located on property in Baily County. This is a housekeeping procedure implemented
by the attorneys of three (3) lien holders --Clovis National Bank, First National
Bankette Agri -Corp and Travellers Insurance Company. There are no substantial
changes; only minor changes in wording which were not objectionable to the city
officials.
The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass
Resolution No. 1284 authorizing the Mayor to sign a revised water rights lease.
Motion carried: 5 Yeas, 0 Nays.
DGV:cl
RESOLUTION mn i9RA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Water Rights Lease Agreement
between the City of Lubbock and Archie Baker and Keith Blair, 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 16th day of
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Sam Wahl
Sam Wahl, Director of Water Utilities
APPROVED AS TO FORM:
Isl Don Vandiver
Don Vandiver, Assistant City Attorney
December
Isl Bill McAlister
BILL McALISTER, MAYOR
-41A-15-25-2304 Hold a public hearing for the purpose of considering request of Texland Petroleum
for an Oil and Gas Drilling Permit on a tract of land 660' east of Ash Avenue,
designated as Lulain #4 well site.
blisher's affidavit
cated on page 1541. Proponent: Dub Bratcher, attorney on behalf of Texland
Petroleum, Inc.
In accordance with notice published on December 1, 1982 in the Lubbock Avalanche -
Journal, a public hearing was held on the above matter.
The proponent apprised the Council that the proposed well site is located north of
Ursuline and east of Ash Avenue; that the storage site is proposed in existing
facilities located south of Kent and east of Interstate Highway 27; that the production
unit is unitized, containing 40 acres and mud and sludge disposal is slated for an
approved site in Terry County; the proponent indicated that earthen sludge -mud
reserve pits would be used on site and there were no plans for landscaping. The
production unit is basically in an agricultural tract, but there are existing residents
south of Ursuline, but are more than 700' from the proposed drilling site.
Opponent: Mr. Charles Arthur, 113 East Kent
A.C. McGee, 319 E. Tulane
Mr. Arthur indicated that he was opposed to the storage site, even though it was
stated to be an existing facility, it has been relocated from the original storage
facility which caught fire and it is located right across from his house and is a
fire hazard and a nuisance; that there is a drainage problem with the bar ditch and
their fresh water wells were polluted last summer from this operation; that the
1526
living in this area. Mr. McGee spoke to the devaluation of their residential property
if this permit was granted and also concurred with Mr. Arthur's comments as to the
noise and odor which permeates the area from the existing storage tank and other
wells.
Assistant City Manager Bertram indicated that the proposed well site and storage
tanks are located in basically an agricultural tract and there are a minimum of
short-term impacts due to access from Ash Avenue. The long-term impacts would be in
the area between Ash and Quirt, which has been designated industrial and therefore
it is anticipated that there would be little additional residential development.
The tract is in existing agricultural use and the City Street Department has concurred
that there are some drainage problems which they feel have been aggravated by the
construction of the Interstate Highway as it relates to surface run-off.
Mr. Bratcher, in his rebuttal, responded to Mr. Arthur's comment that the storage
tank was relocated due to the previous facility having caught fire and they placed
it in compliance to the minimum requirement as mandated by the Railroad Commission,
and therefore the proponent feels they have complied. They would have established
it in the middle of the tract, but the landowner objected, so between the Railroad
Commission and the landowner on which the storage tank is situated, they have complied
with the minimum requirements.
Following the discussion, the hearing was closed at 10:13 a.m.
82-41A-1526-2305 Consider approval of Oil and Gas Drilling Permit to Texland Petroleum designated
(12) Lulain #4.
Oil and Gas Drilling The motion was made by Councilwoman Baker, seconded by Councilman Aderton to grant
Permit located on the permit subject to the following conditions:
Page 1526a and 1526b. (1) That no hydrocarbon lubricant (waste oil) shall
be used to free up the hole during drilling
until the drilling depth exceeds 400'.
(2) The permittee shall require the contract driller
to cease drilling at a depth of 400' and set
first series of surface casing before drilling
operations proceed.
(3) The permittee shall meet all other conditions of
Section 19A of the Lubbock Code and those speci-
fications indicated within the application of
Texland Petroleum for Lulain #4.
Motion carried: 5 Yeas, 0 Nays.
82-41A-1526-2306 Hold a public hearing for the purpose of considering.a, request of Texland Petroleum
(13) for an amended Oil and Gas Drilling Permit on a tract of land at the northwest
corner of University Avenue and Marlboro Street, designated as Webb #3 well site.
Publisher's affidavit
located on page 1542. This permit was granted on July 29, 1982 to Texland Petroleum, Inc. for drilling of
Webb #3 well site. At the request of the applicant by letter, this permit was then
withdrawn on November 29, 1982. Since that time, Texland Petroleum has made another
request for an Oil and Gas Drilling permit for Webb #3 well site, but at a different
location from the original permit.
In accordance with notice published on December 1, 1982,in the Lubbock Avalanche -
Journal, a public hearing was held on the above matter.
Proponent: Dub Bratcher, attorney on behalf of Texland Petroleum
On November 29, 1982, the proponent filed application for an amended location of 0.
A. Webb #3, the previous permit being issued pursuant to Council action on July 29,
1982. The City was notified by the proponent on November 29, 1982, withdrawing the
original location of 0. A. Webb #3; subsequently, an application for a new location
was filed.
The proposed well site is on Lot 70 of the Cresthill Addition which is at the northwest
corner of University Avenue and Marlboro Street. Proponent indicated that all leases
in the production unit had been secured and the only residence within the required
200' is a rental house situated on the back of Lot 43 (owner --Dan Wikander) and a
waiver has been granted as to this provision. The proposed storage site is adjacent
to an existing storage (Webb #1 well site) situated on a tract north of Purdue and
west of University. Texland proposes to use steel sludge pits and landscaping at
the site inasmuch as it is in a residential area. Disposal of the waste is destined
for an approved facility in Terry County. These leases are grandfathered under the
previous ordinance.
In response to Council query, proponent indicated that 0. A. Webb #2 is the same as
a dry well, the production being very small and the recent geological report indicated
that the proposed well site would be more productive.
I
OIL AND GAS DRILLING PERMIT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
The City Council of the City of Lubbock, Texas, hereby approves and grants
permission to Texland Petroleum, Inc. for the drilling of an oil and gas well
known as the Lulain No. 4 to be located on the site and in the production unit
indicated on the amended application attached hereto and made a part hereof by
reference for all purposes.
Texland Petroleum, Inc. hereinafter referred to as PERMITTEE, hereby
agrees that each provision of Chapter 19A of the Code of Ordinances of the
City of Lubbock will be complied with and that this permit is issued contingent upon
such compliance. Chapter 19A of the Code of Ordinances of the City of Lubbock
is by reference incorporated herein for all purposes and shall have the same
force and effect as if copied verbatim herein.
This permit is granted for a period of one hundred and eighty (180) days
from date of issuance and as long thereafter as the permittee is engaged in
drilling operations with no cessations of such operations for more than
ninety (90) days, or oil or gas is produced in commercial quantities from the
well drilled. If at any time after discovery of oil or gas the production
thereof in commercial quantities shall cease, the permit shall not expire if
the permittee commences additional reworking operations within one hundred and eighty
(180) days thereafter, and if they result in the production of oil or gas, so
long thereafter as oil or gas is produced in commercial quantities from such well.
This permit is granted subject to the following conditions:
1. No hydrocarbon lubricant (waste oil) shall be used to free -up the
hole during drilling until the drilling depth exceeds 400 feet.
2. The permittee shall require the contract driller to cease drilling
at a depth of 400 feet and set the first series of surface casing
before drilling operations proceed.
3. The permittee shall meet all other conditions of Section 19A and
those specifications indicated within the second and most recent
application for Texland Petroleum for Lulain No. 4.
The use of earthen slush pits as opposed to steel pits is hereby
authorized as requested by Texland Petroleum, Inc., said earthen pits to be
constructed in accordance with the requirements as outlined in Section 19A-13
of the Code of Ordinances of the City of Lubbock, Texas.
'15A6b
The Well drilled pursuant to this permit shall not exceed a depth of
5,300 feet.
PERMITTEE agrees to save harmless the City of Lubbock from and against
all claims, suits, damages or losses in any manner arising out of or
connected with the drilling and/or operation of this oil and gas well.
GRANTED this 13th day of January , 1983 . L
CITY OF LUBBOCK
/S/ Larry J. Cunningham
Larry Cunningham, City Manager
ATTEST: TEXLAND PETROLEUM, INC.
ISI Susan Brooks /S/ R. J. Schumacher
R. J. Schumacher, President
APPROVED AS TO CONTENT:
/S/ Jim Bertram
Jim Bertram, Assistant City Manager
APPROVED AS TO FORM:
ISI Susan M. Horton
Susan M. Horton, Assistant City Attorney
DEC 16 199 1527--',
Opponents: L. F. Brown, 2606 Marlboro Drive
Dan Wikander, Lot 43
0. J. Malone, 2609 Marlboro Drive
Mr. Brown indicated that the 0. A. Webb #2 well is located due south of his residence
and he cited instances that he had experienced this past summer from this well that
were an infringement on the property owner's rights --mainly a pronounced odor of gas
which indicated a gas leak somewhere in the operation and resulted in his contacting
the Railroad Commission; that the fresh water wells, all of which the residents
have, had been polluted and that water samples had been obtained by the representatives
of the Railroad Commission for testing as to saline content; that the Railroad
representative indicated that the Santa Rosa lies below the area that Texland is
drilling which has high saline water content and apparently drilling above the Santa
Rosa strata is detrimental to the fresh water resources at this level; that there
had been loss of extensive shrubbery by various property owners due to this penetration
and high saline content. Mr. Wikander had indicated he owned the lot with the rent
house situated thereon andhadsigned the waiver and he was concerned that separate
holding tanks be installed to apparently account for the production from Webb #3 as
compared to Webb #1; that the landscaping needed to be specified inasmuch as the
proposed well was situated in a residential area and it was directly across the
alley from his property; that the entire area is situated in a dark part of the
tract, and he therefore, requested lighting to prevent vandalism and he indicated
that with the establishment of this well, if approved, there would be little, if
any futher development and therefore he was requesting that the property owners of
the vacant lots situated therein be monitored and required to keep their property as
attractive as he wishes to keep his and in the event this is difficult to do, he
offered to buy all vacant property for $1000 per acre. Mr. Malone opposed the
location of the proposed well site and thought it could be located in an open field,
and not in and among the residential area because it would devalue the existing
property; that the proposed well will be at the entrance of Marlboro, which is the
entrance into this residential area and the first impressions make a difference in
the marketability of existing properties; that there is an obnoxious odor associated
with this industry, which they are already experiencing with Webb #1 and objected to
this adding to the nuisance that already permeates the air; that the saline water
has contaminated their fresh water wells and this would add to that problem; that
all of the leasees were misled by the Texland folks at the time they signed the
leases to the fact that pursuant to the proposed well site being located other than
in their residential area and therefore they feel like they have been misled. He
requested that the permit be denied.
The staff's comments supported the opponents! somewhat in the areas that the proposed
well site was situated at the entrance of the residential area at Marlboro Avenue,
and first impressions as to the marketability of residences definitely would be
affected; that this proposed well is a relocation from the original permit granted
for 0. A. Webb #3; that there had been no costs study made as to the amount of tax
revenues vs. the amount of oil and gas revenues as stated by one of the opponents
and this would be just a matter of conjecture; admittedly, the original location of
O.A. Webb #3 was a better location from a land use point of view; that the short-
term impacts would be dust, noise, and traffic generated from the drilling operations
and maintenance; placement of the producing well in a developed subdivision; and the
potential that exists for the pollution of the water acquife by the loss of circulation
before the drilling depth exceeds 400' in light of the several fresh water wells
that exist in the area. The long-term impacts is that the well location is on a lot
within a residential subdivision that is 45% developed and would thus stymie future
residential growth in the sub -division as well as have adverse effects on surface
property values.
Following rebuttal by both parties and discussion by the Council, the hearing was
closed at 10:47a.m.
82-41A-1527-2307 Consider approval of Oil and Gas Drilling Permit to Texland Petroleum designated
(14) Webb #3.
The motion was made by Councilwoman Baker that in light of the fact that all residents
within the production unit signed leases, that she moved that the drilling permit be
approved subject to the recommended conditions by the staff, to -wit:
(1) No hydrocarbon lubricant (waste oil) shall be
used to free up the hole during drilling
until surface casing has been set to 400'.
(2) The permittee shall require the contract
driller to drill to a depth of 400' and set
surface casing before proceeding with the
drilling operation.
(3) Landscaping shall be required in accordance
with Section 19A-6-(a) (8). The twenty -foot
opening for service shall be on the north
side of the enclosures.
(4) The drilling operation shall utilize steel
sludge/mud reserve pits.
(5) The permittee shall meet all other conditions
of Section 19A of the Lubbock Code and those
15 2'&;
DEC 16
In addition, lights are to be installed around the well site; and that steel holding
tanks be used as the storage site. The motion was seconded by Councilman Brown.
Councilman Aderton requested to add a stipulation to the effect that the permit be
held until the analysis from the Railroad Commission regarding the water samples
that Mr.Brown made reference to is received. Councilwoman Baker's response to Mr.
Aderton's requested stipulation was unclear , and the ballot was taken with 4 Yeas,
1 Nay (McAlister). Mayor Pro Tem Henry, and Councilman Aderton indicated that they
would vote Nay if she did not accept the stipulation, and Councilwoman Baker indicated
she would not accept the proposed stipulation.
Therefore, the motion was made by Aderton to reconsider the original motion. The
motion was seconded by Mayor Pro Tem Henry. Motion carried: 3 Yeas, 2 Nays (Baker
and Brown).
Councilwoman Baker then indicated she would amend her motion to include, in addition
to the above stated requirements to appear on the permit, that a certified statement
from the engineer be filed regarding his work and the presence of gas and other
related engineering problems connected with Webb #1 well site and that the certified
engineer's statement be filed regarding Webb #3, if approved, when completed.
Opponent Brown asked proponent Bratcher if Texland had a cement law under which they
operated; did they circulate the cement, and other technical engineering questions,
to which Mr. Bratcher could not respond. Councilman Brown seconded Ms. Baker's
amendment to her original motion. The ballot was then taken on Ms. Baker's original
motion plus her amendment: 2 Yeas(Baker and Brown), 3 Nays (McAlister, Henry, and
Aderton).
The Oil and Gas Permit was denied.
82-41A-1528-2308
(20) Consider a resolution authorizing the Mayor to sign a contract with Economics and
*Note: Contract between Engineering Services, Inc. for demand rate study.
City of Lubbock and EES
on file with original Resolution No. 1285
resolution.
This agreement is to contract with EES to study demand rates for Lubbock and to
propose a rate for possible adoption by the City Council. This firm performed a cost
service study for LP&L in 1981. The proposed costs for this study is $5,500.00.
The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass
Resolution No. 1285. Motion carried: 5 Yeas, 0 Nays.
Councilwoman Baker queried th staff as to whether or not is was possible to have a
member of our staff on board to train and do our rate analysis not only for LP&L but
for other City departments; this will be taken under advisement.
KJ: da
RESOLUTION NO. 1285
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 Demand Rate Structure Agreement
between Economic and Engineering Services, Inc. and the City of Lubbock, attached
herewith which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 16th day of December '1982.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn GaffSa
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Carroll McDonald
Carroll McDonald
Director, Electric Utilities
APPROVED AS TO FORM:
Isl Ken Johnson
Ken Johnson, Assistant City Attorney
15219
DEC 16 1982
DEMAND RATE STRUCTURE AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
ECONOMIC AND ENGINEERING SERVICES, INC., (hereinafter referred to as "E.E.S."),
a corporation having its principal office at 12301 N.E. 10th Plaza, Suite 250,
Bellevue, Washington 98009, and the CITY OF LUBBOCK (hereinafter referred to as
"CITY"), a municipal corporation in the State of Texas having its principal office
at 916 Texas Avenue, Lubbock, Texas 79401, acting by and through its Mayor, so
authorized, for and in consideration of the payments and agreements hereinafter
recited, do hereby covenant and agree as follows:
WHEREAS, CITY owns and operates Lubbock Power and Light Company (hereinafter
referred to as LP&L), a power company located in Lubbock, Texas, which provides
electricity to certain commercial customers in Lubbock, Texas; and,
WHEREAS, E.E.S. has proposed to evaluate LP&L's demand rate structure for
specified commercial customers, and LP&L desires E.E.S. to provide such evaluation;
NOW THEREFORE, E.E.S. and CITY do mutually covenant and agree to the following
stipulations and conditions:
1. E.E.S. shall evaluate the consumption of electricity of certain commercial
customers of LP&L, specified by LP&L, and establish at least two (2)
demand rate structures of such customers for CITY;
2. E.E.S.'s evaluation shall guarantee CITY and LP&L that all rate options
will recover the same amount of revenues currently collected by LP&L from
such customers as of December 1, 1982;
3. E.E.S. shall provide LP&L with typical utility bills of such commercial
customers on the current and any and all proposed rates within a reasonable
time after such information becomes available to E.E.S., and shall include
the administration and billing costs and other data of such rates;
4. E.E.S. shall review the Public Utilities Regulatory Policies Act (P.U.R.P.A.),
Section 111, and shall subsequently guarantee to LP&L and CITY that any
and all demand rate structures proposed by E.E.S. to CITY shall comply
with such Act;
5. LP&L shall prepare and offer E.E.S. information and data on specific
customers that LP&L intends to apply any adopted demand rate to, as available.
6. E.E.S. and CITY agree that E.E.S. shall complete such evaluation and
prepare and offer such demand rate structures within a reasonable time
from the execution of this Agreement. E.E.S. and CITY further agree that
this Agreement shall be governed and construed in accordance with the laws
and procedures of the State of Texas, excluding any conflicts of law,
rules or principles which might refer such construction to the laws of
another state;
7. The total labor costs for performance of this Agreement shall not amount
to, nor shall CITY or LP&L be held liable for, an amount not to exceed
five thousand ($5,000.00) dollars; provided, however, that LP&L provides
coding and punching of its historical customer load data. The total costs
for E.E.S. computer time and expenses shall not amount to, nor shall CITY
or LP&L be held liable for, an amount not to exceed five hundred ($500.00)
dollars. Necessary travel expenses incurred on behalf of E.E.S. under
this Agreement shall not exceed a reasonable amount, nor shall CITY or
LP&L be held liable for any excesses;
8. E.E.S. shall prepare and provide to LP&L, at its own expense, a preliminary
progress report of the rate -structure evaluation when such evaluation is
estimated by E.E.S. to be half -completed. CITY and LP&L shall study such
report and then recommend in writing within a reasonable time whether or
not such evaluation shall be terminated or shall be completed. In the
event such evaluation shall be terminated, item 7 above shall be prorated
on a percentage basis in an amount not to exceed fifty percent (50%) of
each cost charged. In the event such evaluation shall be ordered to be
completed, then E.E.S. shall prepare and provide to LP&L, at its own
expense, a final report on such evaluation of such demand rate structures
studied by E.E.S. Such final report shall include a detailed analysis
explaining the computation of each rate structure;
9. This Agreement shall not be assignable by E.E.S. without the written
consent of CITY, which consent shall not be unreasonably withheld;
10. E.E.S. shall furnish CITY a statement of amount due for services and
expenses pursuant to the terms of this Agreement after such evaluation is
either terminated by CITY or completed, or at the option of E.E.S., by
monthly statements, and CITY shall promptly pay such amount within a
reasonable time;
11. If either party hereto shall fail to perform any of the covenants or
obligations imposed upon it under and by virtue of this Agreement, the
other party hereto may at its option terminate this Agreement by proceeding
as follows: The party not in default shall cause a written notice to be
served on the party in default, stating specifically the cause for terminating
this Agreement and declaring it to be the intention of the party giving
the notice to terminate the same; whereupon the party in default shall
have thirty (30) days after the service of the aforesaid notice in which
to remedy or remove the cause or causes stated in the notice for terminating
the Agreement, and if, within said period of thirty (30) days, the party
in default does so remedy or remove said cause or causes and fully indemnifies
the party not in default for any and all consequences of such breach, then
such notice shall be withdrawn and this Agreement shall continue in full
force and effect. In case the party in default does not so remedy or
remove the cause or causes, or does not indemnify the party giving the
1,530
the party not in default may be entitled for breach of this Agreement;
12. No waiver of any breach of any covenant or provision of this Agreement
shall be construed to be a waiver of any other or subsequent breach of the
same or of any other covenant or provision;
13. All notices, correspondence, and reports to be rendered pursuant to this
Agreement shall be addressed to the appropriate party as follows:
Lubbock Power & Light Company
Attn: Carroll McDonald
916 Texas Avenue
P.O. Box 2000
Lubbock, Texas 79457
Economic and Engineering Services, Inc.
Attn: Gary S. Saleba
12301 N.E. 10th Pl., Suite 250
P.O. Box 4046
Bellevue, Washington 98009
All notices to be given by either party to the other party pursuant to any
of the terms of this Agreement shall be forwarded by registered or certified
mail, return receipt requested, and shall be deemed to have been given
upon the date of the mailing thereof as shown on the post office receipt.
Either party may, at any time, direct in writing that particular notices
or types of notices be delivered to specific designees other than those
named herein;
14. This Agreement constitutes the entire Agreement for evaluation of the
demand rates as outlined herein. No modification of this Agreement shall
be of any force or effect unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement this 16th day
of December , 1982.
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Carroll McDonald
Carroll McDonald
Director, Electric Utilities
APPROVED AS TO FORM:
/s/ Ken Johnson
Ken Johnson, Asst. City Attorney
ATTEST:
Gary S. Saleba, Vice President,
General Management & Financial Planning
82-41A-1530-2309
CITY OF LUBBOCK
/s/ Bill McAlister
BILL McALISTER, MAYOR
ECONOMIC AND ENGINEERING
SERVICES, INC.
BY:
PRESIDENT
(21)
*Note: Certificates of Consider a resolution accepting the construction of the new garage -sanitation
Substantial Completion are facility (keso. 954A-G, 10/22/81).
on file with original
resolution. Resolution No. 1286
The facility was substantially completed on October 7, 1982 and the certificates of
completion have been filed with the respective contractors.
The Council will tour the new facility following their traditional Christmas luncheon
with the Chamber of Commerce dignitaries. Final payment for the nine (9) contractors
and to Norman Igo -Schauer and Associates is in the amount of $84,105.76
The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass
Resolution No. 1286, accepting the construction of the new garage -sanitation facility
and authorizing final payment to the respective contractors. Motion carried: 5
Yeas, 0 Nays.
15.311
M1=4
82-41A-1531-2310
(22)
*Note: Copy of Request
for Proposals and
proposal submitted by
Cresap, McCormick and
Paget, Inc. is filed
with original Reso.
DGV: j s
RESOLUTION NO. 1286
WHEREAS, there has been substantial completion of construction on the new
Garage and Sanitation facility; and
WHEREAS, such facility has been inspected and found to be in compliance with
the plans and specifications for such facility; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the new Garage and Sanitation facility is hereby accepted by the City of
Lubbock, final payment is authorized hereby, and the Mayor is hereby authorized and
directed to execute Certificates of Substantial Completion to Hunter Construction
Company; Overhead door of Lubbock, Inc.,; Henson Plastering, Inc.; Lubbock Development
Co., Inc.; O.W. Chisum & Co.; Tech Electric Co.; All Texas Builders, Inc.; Bud
Buford Plastering Co.; and T & S Paint Contractors.
Passed by City Council this 16th day of December
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Bill Payne
Bill Payne, Director of Administrative Services
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Assistant City Attorney
Consider two resolutions authorizing the Mayor to sign contracts for departmental
studies.
Resolution No. 1287
Twenty requests for proposals were mailed on October 14, 1982 to firms to engage in
a general management consulting study to undertake a comprehensive management analysis
of several major city departments --Parks and Recreation, Fire, Water and Sewer
Maintenance, Health, Streets, Library, and Utility Collection. Eight (8) proposals
were received.
The proposal review committee consisted of: Jim Blagg-Chairman, Bob Cass, Jim
Bertram, Rita Harmon, Dan Kamp, Jim Weston, David Bell, Don Jennings, Tom Foster,
and Leona Maxwell. After reviewing the proposals carefully and interviewing firm
representatives, the committee recommends the firm of Cresap, McCormick and Paget be
hired to conduct this management study. They are an excellent management consulting
firm with national and international recognition and their work should help improve
the efficiency and productivity of the various departments. The study will be
funded by Revenue Sharing and General Budget monies.
The motion was made by Councilman Brown, seconded by Councilman Aderton to pass
Resolution No. 1287 for departmental studies contract with Cresap, McCormick, and
Paget. Motion carried: 5 Yeas, 0 Nays.
DGV/mck
RESOLUTION NO. 1287
WHEREAS, the City of Lubbock has solicited proposals for a comprehensive manpower
utilization study of selected City departments; and
WHEREAS, proposals by various consultants have been reviewed by City of Lubbock
staff and the best proposal identified; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1532
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THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock an agreement between the City of
Lubbock and Cresap, McCormick and Paget, Inc., of Washington, D.C., for comprehensive
manpower utilization studies of selected City departments, which agreement is attached
hereto and which shall be spread upon the minutes of the Council and as spread upon the
minutes of the Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this
ATTEST:
16th_ day of
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Jim Blagg
Jim Blagg, Deputy City Manager
APPROVED AS TO FORM:
December , 1982.
Isl Bill McAlister
BILL McALISTER, MAYOR
Isl Donald Vandiver
Donald G. Vandiver, Assistant City Attorney
THE STATE OF TEXAS CONTRACT FOR MANAGEMENT/
COUNTY OF LUBBOCK MANPOWER UTILIZATION STUDY
THIS AGREEMENT entered into this 16 day of December, 1982, by and
between the City of Lubbock, hereinafter called "City" and Cresap, McCormick
and Paget, Inc., hereinafter called "Consultant".
WITNESSETH:
WHEREAS, the City has heretofore solicited requests for proposals for
a comprehensive management/manpower utilization study, which request is attached
hereto as Exhibit A and made a part hereof for all purposes; and
WHEREAS, the Consultant has responded to such request for proposal, which
response is attached hereto as Exhibit B and made a part hereof for all purposes;
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Purpose. The major objective of this study is to improve the
productivity of the following departments of the City:
Parks and Recreation Streets
Fire Library
Water and Sewer Maintenance Operations Utility Collection Office
Health
Productivity is defined by the parties hereto as, first, doing the right thing,
and, second, doing such things better for the same cost or else doing the same
thing for less cost.
2. Duties of Consultant.
A. The Consultant shall begin work within thirty (30) days of written
notification to proceed. The Consultant will meet with key officials to discuss
tentative conclusions and recommendations prior to preparation of a definitive
written report.
B. A preliminary report shall be submitted to the City of Lubbock by
March 15, 1983. The final printed report shall be submitted to the City within
one hundred twenty (20) days following commencement of the study.
C. The Consultant, near the end of the study, will consult with the City
and review the findings and evaluations noted. If the City determines that
additional observations and data collections are necessary, the CONSULTANT shall
perform same.
1533,
DEC 16 1982
D. The CONSULTANT shall consult with the City at any time desired by
the City during the observation and data collection period.
E. On the basis of the City's requirements and the data obtained,
the CONSULTANT shall prepare a draft report of recommendations indicating
clearly the consideration involved and the alternate solutions available to
the City. The report will contain the data relied on the reach conclusions
and rationale for the recommendations. It will contain a structured management
improvement plan, listing each recommended step and identifying the priority,
timing and responsibility for accomplishment which should be observed for each
step. The final project report should also identify apparent problems, prioritize
such problems by their significance, identify the operational or management
revisions necessary to correct those problems, indicate alternative models to
accomplish the proposed revisions, design programs to support implementation
of approved models.
F. The CONSULTANT shall be available to assist in implementation for
twenty (20) working days during the following two (2) year period.
G. The CONSULTANT shall prepare seventy-five (75) copies, of the formal
PROJECT report and submit to the City within one hundred twenty (120) days following
commencement of the study. The finalized copies of the PROJECT report shall
then be delivered to the City by the CONSULTANT either in person or by mail,
whichever is desired by the City.
H. CONSULTANT shall also develop performance measures for each department/
section studied which accurately reflect the service levels desired, the quality of
the work performed, the costs per unit of service and which are useable for the
determination of proper staffing levels.
I. CONSULTANT shall develop a Management Reporting System that will
enable management to measure the department's performance against predetermined
performance measures, goals and objectives on a monthly and quarterly basis.
J. CONSULTANT shall perform all tasks as set forth in the ' Objectives
and Scope of Project section of the City of Lubbock Request for Proposals attached
hereto as Exhibit A.
K. CONSULTANT shall make oral presentation of the results of the study
to the City Manager, City Council, Directors, Department Heads and other employees
and groups as necessary to achieve full understanding of the implications of the
study's recommendations.
3. Compensation. The City shall pay consultant not more than $149,000,
with payment to be made by the City each thirty (30) days based upon the
Consultant's submitted and approved invoice, with final payment to be made
upon submission and acceptance of the final report by the City.
4. Ownership of Materials. All material developed or acquired by the
Consultant for work done under this contract shall be the property of the City.
All such material shall not be released to the public by the Consultant prior
to the termination of this contract without express written consent by the City
Manager.
5. Assignment of Interest. The Consultant shall not assign any interest
in this Contract and shall not transfer any interest whatsoever in the same
without prior written consent of the City Manager.
6. Independent Contractor. The Consultant shall be in all respects an
independent contractor and shall accept sole responsibility for the actions of
its employees and shall be responsible for all materials and services secured,
subcontracts entered into or liabilities incurred in the performance of this
agreement. Consultant shall have full responsibility for payment of all employee
benefits required by law for his employees.
7. Hold -Harmless. The Consultant shall hold the City harmless from any
and all suits, actions or claims brought on account of any injuries or damages
sustained by any person or property as a result of Consultant's negligence and
from any contest over infringement of patent, trademark or copyright resulting
from Consultant's performance under this Contract.
8. Duties of City. The City agrees to make available to Consultant all
records and data on file that will assist the Consultant in the performance of
services under this Contract. City further will make available appropriate
personnel to assist the Consultant with regard to such records and data. Such
personnel will be made available for a total of 50 person days of effort.
9. Amendment of Contract. This Contract may be amended or extended only
upon written agreement of the parties. The City reserves the right to add or delete
departments listed in Section 1 above based on the current needs of the City or on the
recommendation of Consultant following an initial review of the departments listed.
An increase or decrease in the compensation paid Consultant will be based on the
change in the number of departments studied.
.1534
10. Termination. This Contract may be terminated by either party hereto upon
thirty (36—) days written notice to the other party. Such notice shall not be given
until the other party has had thirty (30) days in which to correct such matters as may
be complained about by the other party in writing. Termination under this section
shall require that the City pay Consultant for such services prior to the date of
termination as have been received by the City and found to be acceptable by the City
Manager.
EXECUTED this 16th day of December
CONSULTANT:
/s/ Bill G. Evans
Bill G. Evans, Vice President
ATTEST:
Isl Vicki S. Green
Secretary
CITY OF LUBBOCK:
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/Evelyn Gaffga
Evelyn Gaffga, City Secretary -
Treasurer
APPROVED AS TO CONTENT:
Isl Jim C. Blagg
Jim Blagg, Deputy City Manager
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, Assistant
City Attorney
82-41A-1534-2311 Consider claim against the City.
(23)
Claim #82-C-635 Quality Towing, Inc. (Ron Creech) $35.00
Reimbursement for an uncollected wrecker fee
The motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the
above referenced claim. Motion carried: 5 Yeas, 0 Nays.
82-41A-1534-2312
Consider Bid
#7103 for
miscellaneous street lighting equipment (ware -house stock).
(24)
Items 1,
4
Temple, Inc.
Lubbock, TX $1931.40
Items 2,
3, 5, 6
Westinghouse Electric Supply Co.
Lubbock, TX $13,140.02
Items 7,
8
Nelson Electric Supply Company
Lubbock, TX $1238.10
82-41A-1534-2313
Consider Bid
#7137 for
manhole rings and lids (warehouse stock).
(25)
Low Bidder
Trans -Tex
Odessa, TX $6,732.60
82-41A-1534-2314 Consider Bid #7145 for wood power poles (Warehouse stock).
(26)
Low Bidder J. H. Baxter Wood Preserving
Algonquin, Illinois $64,097.90
82-41A-1534-2315 Consider Bid #7094 for miscellaneous electric items (warehouse stock).
(27)
Item 5 C. B. Anderson Company
Amarillo, TX $519.53
Items 2, 7 Westinghouse Electric Supply Co.
Lubbock, TX $3751.50
Items 3, 8 Temple, Inc.
Lubbock, TX $4,250.00
Item 4 Fields & Company
Lubbock, TX $1,072.50
1535,
DEC 16198
82-41A-1535-2316 Consider Bid #7083 for traffic marking paint (warehouse stock).
(28)
Items 1, 2 Pinkley & Associates
Okla. City, Okla. $73,750.00
82-41A-1535-2317 Consider Bid #7114 for vibrating roller (Street Dept.)
(29)
Low Bidder Plains Machinery Company
Lubbock, TX $29,511.00
82-41A-1535-2318 Consider Bid #7111 for street sweeper (Street Dept.).
(30) Low Bidder West Texas Equipment Company
Lubbock, TX $134,107.70
82-41A-1535-2319 Consider Bid #7074 for Switchgear and relay panels (Elec. Distrib.), and authorize
01) same.
*Note: Specifications Resolution No. 1288
for 15KV Switchgear are
filed with original Item 1 AND Power Sales Company
resolution. Okla. City, Ok. $148,122.00
Item 2 C. B. Anderson Electric Company
Amarillo, TX $121,800.00
KJ: cl
RESOLUTION NO. 1288-A
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a Contract Agreement between the
City of Lubbock and A.N.D. Power Sales Company for the purchase of Switchgear, 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 16thday of December
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Carroll McDonald
Carroll McDonald, Director
Electric Utilities
Isl Ken Johnson
Ken Johnson, Assistant City Attorney
CONTRACT AGREEMENT
(EQUIPMENT)
THIS AGREEMENT, made and entered into this 16 day of December _ ,
1982, by and between the City of Lubbock, Texas acting through its Mayor and
City Council thereunto duly authorized so to do, Party of the First Part, and
hereinafter called the Purchaser, and A.N.D. Power Snlp.-, Company -, a
of . Party of the Second Part, and
hereinafter called the Contractor.
536
WITNESSETH:
THAT WHEREAS, the Purchaser has caused to be prepared, in accordance with
law, specifications, plans, and other contract documents for the work herein
described, and has approved and adopted said documents, and has caused to be
published, in the manner and for the time required by law, and advertisement
for and in connection with acquiring Power Transformers in accordance with the
terms of this Contract; and
WHEREAS, the said Contractor, in response to such advertisement, has
submitted to the Purchaser, in the manner and at the time specified, a sealed
proposal in accordance witht h terms of said advertisement; and
WHEREAS, the Purchaser, in the manner prescribed by law, has publicly
opened, examined, and canvassed the proposals submitted in response to the
published invitation therefor, and as a result of such canvass has determined
and declared the aforesaid Contractor to be the best bidder for the said work
and has duly awarded to the said Contractor a contract therefor, for the sum
or sums named in the Contractor's proposal, a copy thereof being attached to
and made a part of this Contract.
NOW THEREFORE, in consideration of the compensation to be paid to the
Contractor and of the mutual agreements herein contained, the Parties to these
presents have agreed and hereby agree, the Purchaser for itself and its successors,
and the Contractor for itself, himself or themselves, or its, his, or their
successors and assigns, or its, his or their executors and administrators, as
follows:
ARTICLE I. That the Contractor shall (a) Furnish all materials,
supplies, and equipment specified and required to be incorporated in and form a
permanent part of the completed work; (b) provide and perform all necessary
work; and, in a good, substantial, and workmanlike manner and in accordance
with the provisions of the General Conditions, and the Instructions to Bidders,
(which are attached hereto and made a part hereof) and in conformity with the
Specifications Number SE-0006-11-101082; (c) Execute and complete all work
included in and covered by the Purchaser's official award of this Contract to
the said Contractor, such award being based on the acceptance by the Purchaser
of the Contractor's proposal, or part thereof, as follows:
15 KV Switchgear
ARTICLE II. That the Purchaser shall pay to the Contractor for the
performance of the work embraced in this Contract, and the Contractor will
accept as full compensation therefor, the sum (subject to adjustment as pro-
vided by the Contract) of One hundred Forty-eight thousand one hundred twenty-
two dollars and no/100 ($ 148,122.00
for all work covered by and included in the Contract award and designated in
the foregoing Article I.
ARTICLE III. The Contractor shall proceed with the work to be performed
under the provisions of this Contract on, or within ten (10) days following,
the date of public acceptance of the Contractor's proposal by the Purchaser.
Contractor shall not delay the start of the work to be performed under the
provisions of this Contract except by written order from the Purchaser.
Contractor shall complete said work by July 15, 1983
IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of
day and year first written.
CITY OF LUBBOCK
BY: Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Carroll McDonald
APPROVED AS TO FORM:
PARTY OF THE SECOND PART (CONTRACTOR)
Ken Johnson, Assistant City Attorney
D-V.
1537
NOTE: This Contract must be signed by the President or Vice President of the
Contractor's firm and attested by the Secretary of the firm. If the Contract
is to be signed by any person other than the President or Vice President, then
a Board Resolution authorizing said person to sign and bind the firm must be
included with each copy of the Contract.
KJ:cl
x Note: Copy of
RESOLUTION NO.
1288-B
Specifications for
Relay Panel is
on file with
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF
LUBBOCK:
original reso.
in City Secretary's
office.
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 Agreement
between the City of Lubbock and CB
Anderson Electric Company for the
purchase of Relay Panels, 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 htis Resolution as if
fully copied herein in detail.
Passed by the City Council this 16th
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald, Director
Electric Utilities
APPROVED AS TO FORM:
/s/ Ken Johnson
Ken Johnson, Assistant City Attorney
day of December ,1982.
/s/ Bill McAlister
BILL McALISTER, MAYOR
CONTRACT AGREEMENT
(EQUIPMENT)
THIS AGREEMENT, made and entered into this 16 _ day of December ,
19 by and between the City of Lubbock, Texas acting through its Mayor and
City Council thereunto duly authorized so to do, Party of the First Part, and
hereinafter called the Purchaser, and C.B. Anderson Electric Company a
Corporation of Texas , Party of the Second Part, and
hereinafter called the Contractor.
WITNESSETH:
THAT WHEREAS, the Purchaser has caused to be prepared, in accordance with
law, specifications, plans, and other contract documents, and has caused to be
published, in the manner and for the time required by law, an advertisement
for and in connection with acquiring Power Transformers in accordance with the
terms of this Contract; and
WHEREAS, the said Contractor, in response to such advertisement, has
submitted to the Purchaser, in the manner and at the time specified, a sealed
proposal in accordance with the terms of said advertisement; and
WHEREAS, the Purchaser, in the manner prescribed by law, has publicly
opened, examined, and canvassed the proposals submitted in response to the
published invitation therefor, and as a result of such canvass has determined
and declared the aforesaid Contractor to be the best bidder for the said work
and has duly awarded to the said Contractor a contract therefor, for the sum
or sums named in the Contractor's proposal, a copy thereof being attached to
and made a part of this Contract.
NOW THEREFORE, in consideration of the compensation to be paid to the
Contractor and of the mutual agreements herein contained, the Parties to these
presents have agreed and hereby agree, the Purchaser for itself and its successors,
and the Contractor for itself, himself, or themselves, or its, his, or their
successors and assigns, or its, his, or their executors and administrators, as
.,1538
Dec 161
ARTICLE I. That the Contractor shall (a) Furnish all materials, supplies,
and equipment specified and required to be incorporated in and form a permanent
part of the completed work; (b) Provide and perform all necessary work; and,
in a good, substantial, and workmanlike manner and in accordance with the
provisions of the General Conditions, and the Instructions to Bidders, (which
are attached hereto and made a part hereof) and in conformity with the Specifications
Number SE-0006-11-102982; (c) Execute and complete all work included in and
covered by the Purchaser's official award of this Contract to the said Contractor,
such award being based on the acceptance by the Purchaser of the Contractor's
proposal, or part thereof, as follows:
Relay Panels
ARTICLE II. That the Purchaser shall pay to the Contractor for the performance
of the work embraced in this Contract, and the Contractor will accept as full
compensation therefor, the sum (subject to adjustment as provided by the Contract)
0fie Hundred twenty one thousand eight hundred dollars nnd nn/7nn
for all work covered by and included in the Contract award and designated in the
foregoing Article I.
ARTICLE III. The Contractor shall proceed with the work to be performed
under the provisions of this Contract on, or within ten (10) days following, the
date of public acceptance of the Contractor's proposal by the Purchaser.
Contractor shall not delay the start of the work to be performed under the provisions
of this Contract except by written order from the Purchaser. Contractor shall
complete said work by Jul 1 1983
IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of day
and year first written.
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
APPROVED AS TO FORM:
Ken Johnson, Assistant City Attorney
ATTEST:
CITY OF LUBBOCK
BY: /s/ Bill McAlister
BILL McALISTER, MAYOR
PARTY OF THE SECOND PART (CONTRACTOR)
3-yom
Signature of Officer
Secretary Title
NOTE: This Contract must be signed by the President or Vice President of the
Contractor's firm and attested by the Secretary of the firm. If the Contract
is to be signed by any person other than the President or Vice President, then
a Board REsolution authorizing said person to sign and bind the firm must be
included with each copy of the Contract.
1539,
DEC 161992
82-41A-1539-2320 Consider Bid #7146 for vacuum switches (Electric Distrib.).
(32)
Item 1 Temple, Inc
Lubbock, TX $4,990.00
Item 2 Temple, Inc.
Lubbock, TX $10,288.00
82 -41A-1539-2321 Consider Bid #7125 for portable air compressor (Electric Distrib.).
(33)
Low Bidder Sullair of Dallas
Garland, TX $11,699.00
82-41A-1539-2322 Consider Bid #7138 for three submersible pumps and motors (Water Utilities), and
(34)
authorize same.
Resolution No. 1289
Low Bidder Woodrow Pump Service
(alternate) Lubbock, TX $11,140.27
JWF:j*s
RESOLUTION NO. 1289
;82-41A-1539-2323
(35)
*Note: Specifications
for Municipal Office
Comples are on file
I_ J,
with original
resolution.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of said City a contract to be entered into by and between
said City (as purchaser) and Woodrow Pump Service (as vendor) for the purchase of
three submersible pumps and motors, 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 16th day of December
/s/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
Isl Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Guy Wilson
Guy Wilson, Water Utilities Engineer
Isl J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
Consider Bid #7140 regarding Municipal Office Complex (Rev. Sharing).
Resolution No. 1290 - I
Low Bidder Jones Demolition, Incorporated
San Antonio, TX $8,382.89
I
Director of Purchasing Floyd Nesbitt apprised the Council that all of the above bids
were low bids and meet specifications.
The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve
all of the above referenced bids and to pass Resolution Nos. 1288, 1289, and 1290.
Motion carried: 5 Yeas, 0 Nays.
SMH:da
RESOLUTION NO. 1290--
';P,40
Lubbock and Jones Demolition for demolition and removal of seven structures, 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 16th day of December _'1982.
Isl Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/s/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO CONTENT:
Isl Jerrell Northcutt
Jerrel Northcutt, Zoning Administrator
APPROVED AS TO FORM:
Isl Susan M. Horton
Susan M. Horton, Assistant City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 16th day Of December , A.D.
19 82, 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
-Jones Demolition, Inc.
P. 0. Box 3141
of the City of San Antonio County of Travis
and State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the conditions
expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
and all extra work in connection therewith, under the terms as stated in the contract
documents and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date
written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of
the contract in accordance with the proposal submitted therefor, subject to additions
and deductions, as provided in the contract documents in the sum of $ 8,382.89
INVITNESS WHEREOF, the parties to these presents have executed this agreement
in six (6) counterparts in the year and day first above written.
CITY OF LUBBOCK, TEXAS
Isl Bill McAlister
ATTEST: MAYOR
Isl Evelyn Gaffga
City Secretary -Treasurer
1541
DEC 161982
ATTEST:
CONTRACTOR
BY: /s/ Eugene J. Murphy
TITLE: V. Pres.
COMPLETE ADDRESS:
855 Gembler Rd
San Antonio Tex
The Board appointments were tabled, and the Council recessed to have their
traditional luncheon with the members of the Chamber of Commerce, and to tour
and inspect the new garage -sanitation facility.
There being no further business to come before the Council, the motion was made by
Councilwoman Baker, seconded by Councilman Brown to adjourn at 2:30 p.m.. Motion
carried: 5 Yeas, 0 Nays.
'ublisher's Affidavit for
Lulain #4 well site. Hearing
located on page 1525.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notary Public in and for Lubbock Coun
personally appeared Twi I a Aufi I 1 9 Acco unt Mana¢o r of the S
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Eveni
being by me duly sworn did depose and say that said newspaper has been published c
than fifty-two weeks prior to the first insertion of this Lega I Notice- 49 w
word-$44.70 No. 630123 at Lubbock County, Texas at
ed co of the Notice
copyis a true copy of the origginal and was pt
Avalanche -Journal on the following dates: December 1► 1982.
K7OOO
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 1s t day of D sa6 r 1
FORM58-10 My SEC EI RY
1542
DF-C 16199z
Publisher's Affidavit for
Webb #3 well site. Hearing
located on page 1526.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Bonnie McKee
K e e
d ;:the uroose of cons°idrr
in9 the, ap0l,cat(o",oI T6land ,
Before me
a Notary Public in and for Lubbock troleum who,5rtGuestng aki,41i a
and Gas, prilu"g P�t�n`t for an.o,t
personally pp Tw i I a A u f i I 1 9
ersonall appeared
Account Manager n a g e r of t wetl andstor'9e0,f "O'rJngrh`e a
`t " pa-
legal desc�,ation a'spfotlows
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, E:asfhe.w-ell site�aprdpoeed°",lora7Gl
whachsat�h0
being by me duly sworn did depose and say
o%tpeGresihillAbdiilop
that said newspaper has been publish the,corn@Foft0or4h"l i0rsitva"d"ore
' `
than fifty-two weeks prior to the first insertion
MarlboroStreefi
of this - 6)1the:sto4gesitas�arogosadasa
o -Yank tiatfiery -died-nt��
W 0 r — 5 2 No.
addiMoh
6 30124 at Lubbock County. TAXaro the storaee,s�te to the weou -
nt
ed copy of the Notice
is a true coof the oriinal and waWen.locaredoneara�toflad1�
o�101' and io0 ee west oO°i vn yes ` c k
py g
Aval nche .Journal on the following dates:
December 19 1982 tyP.Venue
nameoNth-welt+s
) the cr ,;
K�001
,ed
Webb#3a;
This v0blic hear,n'9 an the`r "
anted adn4�caj_,
'
Nitta'ordinane
Sances,:Gity of
VA ED'thlsST
982.
s! EVELY,N G II ;,)v Secretary-
Account Manage
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 1s t day of December , 19 82
FORM 55-10
L
Oil �RRFTAQV
ZI,,4fI0eqFr0_/
r
BI L MCAL STER, MAYOR
ATTEST:
Evelyn Gaffga, City Se -Treasurer
Read and approved this 14th day of January 1933.
t
f
B L R, ftkYOR
ATTEST:
Evelyn Gaff , CIty Se r
Treasurer