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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/12/1983215 MAY 12 i9p.3 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 12, 1983 9:30 A. M. At 8:33 A.M. Mayor Pro Tem Henry announced that an Executive Session would be held for the purposes of considering land acquisition. This announcement is in accordance with Art. 2, Sec. 6265-17, V.A.T.s. At 9:00 A.M., Mayor Pro Tem Henry announced that a Special Emergency Meeting would be held at 11:45 A. M. to consider three matters that in the interest of the public Welfare of the citizens of the City of Lubbock need to be considered on emergency basis. The City Council of Lubbock, Texas met for its regular meeting Thursday, May 12, 983 at 9:30 A. M. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney Jo n C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Those absent: Mayor Bill McAlister 83-42-215-411 The invocation was given by Assistant City Manager Rita Harmon. ( 1 ) 83-42-215-412 The Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2 ) Chambers. 83-42-215-413 Approval of Minutes, Regular Meeting, April 28, 1983. ( 3 ) Special Meeting, April 29, 1983 The motion was made by Councilman Brown, seconded by Councilman Aderton to approv the Minutes of the Regular Meeting of April 28, 1983 and the Special Meeting of April 29, 1983 as submitted. Motion carried: 4 Yeas; 0 Nays; McAlister absent. BOARD APPOINTMENTS 83-42-215-414 Receiving: Lynnda Jenkins, Urban Renewal Board ( 4 ) Russell Bean, Jubilee 75 Executive Committee 83-42-215-415 PROCLAMATION: "Better Speech and Hearing Days" ( 5 ) May 12 - 31, 1983 83-42-215-416 PROCLAMATION: "High Blood Pressure Days"- ( 6 ) May 12 - 31, 1983 Receiving: Linda Mason Jan Cohen Mary Criswell 83-42-215-417 PROCLAMATION: "Make It Click: Buckle Up Days" ( 7 ) May 14 - 29, 1983 Receiving: Lucy Brown, on behalf of McDonald's Restaurant 83-42-215-418 PROCLAMATION: "Association of Surgical Technologists Week" ( 8 ) May 15 - 21, 1983 Receiving: Nellie Hooks Brenda Beams 83-42-215-419 PROCLAMATION: "Transportation Week" ( 9 ) May 16 - 22, 1983 Receiving: Bob Sanders Ben Alley Margaret Cogdell Andy Bushland Marvin Anderson 216 71 83-42-216-420 Ordinance No. 8432 - Zone Case 2401 ( 10 ) 83-42-216-421 ( 11 ) 83-42-216-422 ( 12 ) An ordinance changln2 a tract of land out of Sec. 20, Blk E-2, from R-1 and T to R-1 Speclfic Use, located at 98th St. and University Avenue.. SMH/mck ORDINANCE NO. 8432 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. 2401; A SPECIFIC USE ZONE CHANGE FROM R-1 AND T TO R-1 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-8 OF THE ZONING ORDINANCE, FOR A TELECASTING AND BROADCASTING STUDIO ON A TRACT OF LAND OUT OF SECTION 20, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8433 - Zone Case 2261A An ordinance changing a tract of land out of Sec. 11, Blk E-2, from R-1 to R-2, R-2 and A-1 to A-1, R-2 and A-1 to C-2-A and A-1 to C-2-A, located at 66th & Chicago. SMH/mck ORDINANCE NO. 8433 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. 2.261-A; CHANGE A TRACT OF LAND OUT OF SECTION 11, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2; R-2 AND A-1 TO A-1; R-2 AND A-1 TO C-2A; AND A-1 TO C-2A ZONING DISTRICTS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 8434 - Zone Case 2269A An ordinance changing a tract of land out of Sec. ..14, Blk E-2, from R-1 to R-2, C-2 to A-1 and R-2 to C-2 and A-1, located located at 98th St. between Quaker and Memphls. SMH/mck ORDINANCE NO. 8434 AN ORDINANCE .AMENDING .ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO -AS TO MAKE-T$E FOLLOWING CHANGES: ZONE CASE NO. 2269=A; CHANGE A TRACT OF LAND OUT OF SECTION 14, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2, C-2 AND A-1; AND R-2 TO C-2 AND A-1 ZONING DISTRICTS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 83-42-216-423 Ordinance No. 8435 - Znne Case 2281A ( 13 ) An ordinance chaninLots 1, 2L 3 and 4, Block 2, Elwood Place Addition_ from R-2 to AM Specific Use forprofessional offices, subject to the following condition: r, a. that it be limited to non -medical professional offices. SMH/mck ORDINANCE NO. 8435 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. 2281-A; A SPECIFIC USE ZONE CHANGE FROM R-2 TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-20-3 OF THE ZONING,ORDINANCE, FOR PROFESSIONAL OFFICES ON LOTS 1, 2, 3, AND 4, BLOCK 2, ELLWOOD PLACE 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. HE 83-42-217-424 Ordinance No. 8436 - Zone Case 2396 ( 14 ) An ordinance changing a tract of land out of Sec. 17, Block A, from R-1 and C-4 to A-2, subject to the following condition: a. that It be limited to a day care center. SMH/mck ORDINANCE NO. 8436. 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. 2396; CHANGE A TRACT OF LAND OUT OF SECTION 17, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 AND C-4 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 83-42-217-425 Ordinance No. 8437 - Zone Case 1511J ( 15 ) An ordinance changing Lot 1, The Village Addition from CA Specific Use, located at 50th and Chicago SMH/mck ORDINANCE NO. 8437 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1511-J; A SPECIFIC USE ZONE CHANGE, FROM CA SPECIFIC USE TO C-2 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE, FOR COMMERCIAL DEVELOPMENT ON LOT 1, THE VILLAGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 83-42-217-426 Ordinance No. 8431 ( 16 ) An ordinance abandoning and closing underground utility and garbage collection service easement In Lot 305, Lakeridge Country Club Estates. OORDINANCE NO. 8431 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN UNDERGROUND UTILITY AND GARBAGE COLLECTION SERVICE EASEMENT LOCATED ON THE NORTH LINE OF LOT 305, LAKERIDGE COUNTRY CLUB ESTATES, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING: AND PROVIDING FOR PUBLICATION. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to Pass Ordinance 8432, Ord. 8433, Ord. 8434, Ord. 8435, Ord. 8436, Ord. 8437 and Ord. 8431 on second and final reading. Motion carried:, 4 Yeas; 0 Nays; McAlister absent. 83-42-217-42�7 Consider a resolution authorizing the Mayor to execute Weed ( 19 } and Rubbish Removal Agreements with private contractors., Resolution No. 1380 Rather than taking bids this summer for weed mowing, the Legal department suggested a rotation list, allowing each contractor to meet the minimum requirements as stated in the contract, which is two tractors and three 5' shredders. There are certain criteria of performance to be met, to -wit: weeds and grass are mowed to a height of 6" or less; the list from which the contractor is working must be completed within six days; contractor Is to remove ail brush, trash, debris, etc. associated with mowing; contractor will promptly bill the property owner within 30 days; If the bill is not paid In 30 days, the contractor will send the bill to the City with itemization of charges and the date the work was performed; contractor will meet certain liability and automobile Insurance requirements as well as workman's compensation; contractor will not assign the agreement without City consent; and the rates for charges are stated in the resolution. 0 an 71 SMH/mck RESOLUTION NO. 1380 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE "WEED AND RUBBISH REMOVAL AGREEMENTS" AND ESTABLISHING A ROTATION LIST FOR WEED AND RUBBISH REMOVAL. WHEREAS, the City of Lubbock has enacted to its Code of Ordinances providing for the removal of weeds and rubbish within the City of Lubbock, and desires to enter into agreements for the performance of such services; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor is authorized to execute Weed and Rubbish Removal Agreements on behalf of the City of Lubbock, a sample of which is attached hereto. SECTION 2. THAT the Department of Zoning and Environmental Control shall establish and maintain a rotation list of contractors for weed and rubbish removal. Contractors upon such lists shall be rotated upon the basis of one week service at a time. A contractor is qualified to be listed if said contractor has a minimum of two tractors and three five foot shredders. A contractor desiring to be placed upon the rotation list shall be required to make written application to the Zoning and Environmental Control Department of the City of Lubbock and shall execute an agreement for the performance of such services, a sample of which is attached hereto. Failure to complete the services required in the agreement without justification acceptable to the Zoning and Environmen- tal Control Department shall be cause for the contractor to be passed over for the next turn on the rotation list. A contractor which has been passed over two (2) times within a one year period shall be removed from the list. Passed by the City Council this 12th 1983. ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Jim Nrtytsm Jim Bertram, Assistant City Manager ISI Susan M. Horton Susan M. Horton, Assistant City Attorney STATE OF TEXAS day of May /S/ Alan Henry ALAN HENRY` ,MAYOR.PRO. TEM WEEDS AND RUBBISH REMOVAL AGREEMENT COUNTY OF LUBBOCK This Agreement entered into between the CITY OF LUBBOCK, hereinafter called "City" and, hereinafter called "Contractor" for the removal of weeds and rubbish within the City of Lubbock: WITNESSETH: WHEREAS, the City has enacted an amendment to its Code of Ordinances providing for the removal of weeds and rubbish within the City of Lubbock, and desires to enter into an agreement with the Contractor for the performance of such services upon the terms and conditions set forth herein, NOW THEREFORE: I. The Contractor hereby agrees to mow to a height of not more than six (6) inches from the ground any weeds, grass or uncultivated plants on the properties listed on the attached mowing list within six (6) days from the execution of this agreement. Contractor also agrees to remove all brush, rubbish, trash, debris, garbage and other unsanitary matter necessary to complete any mowing. All permanently attached fixtures, such as foundations, well heads and cement work, shall be excluded from t,hp nllm7o it'.mc to 1h0 -rmmnlTal �n�Alocc ^4: 4nt­F­n­ T­;f-1, m­4­ 219 II. Days of inclement weather shall be counted as work days, however, the Administrator of Zoning and Environmental Control or his duly appointed assistant shall have the authority to give time extensions if in his opinion the weather is too inclement to allow any work. Should each property not be mowed within the time allotted, the City reserves the right to complete the services with a substitute contractor. In such event, the original contractor will not receive any payment for services partially rendered. III. After the mowing is completed, the Contractor shall bill the property owner with an itemized bill on a form approved by the City, which bill shall contain the following: A. Property owner's name. B. Address of property mowed. C. Legal description of the property mowed. D. Square feet mowed. E. Cubic yards rubbish removed. The City shall furnish the Contractor with items "A" through "E" with each mowing list. If after 30 days the property owner has not paid the bill, the Contractor shall bill the City with an itemized bill. IV. In accordance with the provisions of paragraph III, the City shall pay the sum of $1.50 for each 1,000 square feet of property mowed if less than an acre. The City shall pay the sum of $1.00 for each 1,000 square feet of property mowed if one acre or more. The City shall pay the sum of $7.50 per cubic yard for removal of rubbish, brush or other objectionable matter. The City shall determine the number of cubic yards to be removed. V. The Contractor shall procure and carry at his sole cost and expense throughout the life of this contract, insurance protection as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this contract. A. Comprehensive General Liability - In an amount not less than $100,000 for bodily injuries, including accidental death, to any one person, but not less than $300,000 per occurrence and in the amount of not less than $50,000 for property damage. B. Automobile Insurance - In an amount not less than $250,000 for injuries, including accidental death, to any one person, but not less than $500,000 per occurrence, and in the amount of not less than $100,000 for property damage. C. Worker's Compensation and Employer's Liability Insurance - To cover all employees on the job with Employer's Liability of at least $100,000 limit. Before work is commenced, the Contractor shall submit to the City for approval two (2) Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company. VI. The Contractor shall not assign this agreement without the consent of the City in writing. VII. The Contractor shall hold the City and its representatives harmless from all suits, actions or claims of any kind brought on account of any person or property in consequence of any neglect in safeguarding the work, or of any act or omission by the Contractor or his employees, or from any claims or amounts arising or recovered under any law, by law, ordinance, regulation, order or decree. The Contractor shall be responsible for all damage to property and personal injury of any kind resulting from any act, omission, neglect or misconduct of the Contractor or his agents or employees in the manner or method of performing the work in this agreement. WITNESS OUR HAND this the day of 1983. CITY OF LUBBOCK CONTRACTOR 220 I, hereby certify that the properties on the attached list were mowed in accordance with my Agreement with the City of Lubbock, and that the owners of said properties were sent an itemized bill in accordance with my Agreement with the City of Lubbock, and that thirty days has passed since the mailing of said bills, and that as of this date I have not received payment therefor. SIGNED this day of , 1983. 83-42-220-428 Consider a request of Tamarack Petroleum Company, Inc. for a bond reduction from $25,000 ( 20 ) to $10,000 for West Lee Harrison Unit Well #25. This request Is pursuant to Section 19A-10 of the Code of Ordinances. The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the requested bond reduction for Tamarack Petroleum Co., Inc. for West Lee Harrison Well #25. Motion carried: 4 Yeas; 0 Nays; McAlister absent. 83-42-220-429 Consider an ordinance to abandon and close a 20' alley located In Sec. 22, Block A. ( 21 ) Ordinance No. 8438 This ordinance will close a 20' alley In the Whisperwood Addition, located north of Fourth Street and east of Utica. A utility easement shall be dedicated to provide for utility service; no charge Is required since the proponent of the closure Is the original dedicator. JWF:da ORDINANCE NO. 8438 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A TWENTY FOOT ALLEY LOCATED IN SECTION 22, BLOCK A, 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. 83-42-220-430 Consider an ordinance to abandon and close an alley adjacent to Lot I, Charles Addition ( 22 ) to the City of Lubbock. Ordinance No. 8439 This ordinance will close an alley located south of Brownfield Highway between Nashville and Oxford Avenue. A utility easement will be granted by plat. The alley will be sold to the proponent for $6,327.00. HW:da ORDINANCE NO. 8439 AN ORDINANCE ABANDONING AND CLOSING AN ALLEY ADJACENT TO LOT 1, CHARLES 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 MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 83-42-220-431 Consider a resolution authorizing the Mayor to execute three licenses on behalf of the ( 23 ) City with the Atcheson, Topeka and Santa Fe Railway Co. Resolution 1381 Three electrical transmission line licenses are requested by LP&L to cross Santa Fe's ROW at N. Ash Avenue and Santa Fe trackage, and municipal Drive and Guava In two locations. There Is a cost of $250 per location, or a total of $750.00, one time fee only. 221 *NOTE: The Transmission line licenses A,B,& C. are filed w/Original Resolution. 83-42-217-432 ( 24 ) JWF/mck RESOLUTION NO. 1381 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 three separate Licenses for Electric Supply Line across or along Railway property to be entered into by and between said City (as Licensee) and the Atchison, Topeka and Santa Fe Railway Company (as Licensor) for three aerial power line crossings at three locations on said Railroad at Milepost 3 + 2914.4 feet, Milepost 3 + 2843.0 feet and Milepost 1 + 1266.0 feet, all at Lubbock, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of May 1983. /S/ Alan Henry ALAN HENRY',' ...,MAY.OR,,PR O TEM JJJ ATTEST: Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right of Way Agent APPROVED AS TO FORM: ISI J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Consider a resolution authorizing the Mayor to sign a dedication deed for a tract of land out of Section 5. Block A. Resolution No. 1382 This property will be used for an electrical sub -station, and consists of 3.4 acres located at the corner of N. Guava Avenue and Municipal Drive. DGV: da RESOLUTION NO. 1382 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 Dedication Deed pertaining to the streets, alleys and other public properties of Tract 1, North-East Industrial Addition to the City of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon theminutesof the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of Maw ,1983. ISI Alan Henr ALAN HENRY, MAYOR PRO TEM ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /S/ Donald G. Vandiver 2.22, MAY 12 1983 r_7 I THE STATE OF TEXAS DEDICATION DEED COUNTY OF LUBBOCK This is to certify that the City of Lubbock, a municipal corporation of the County of Lubbock, State of Texas, is the sole owner of a 3.4187 acre tract of land more particularly described as follows, to -wit: BEGINNING at the Northeast corner of Section 5, Block A, Lubbock County, Texas; THENCE S. 00000'27" W. a distance of 257.80 feet; THENCE S. 65010'30" W. a distance of 462.79 feet; THENCE N. 00000'27" E. a distance of 451.32 feet; THENCE N. 89053'39" E. a distance of 420.00 feet to the POINT OF BEGINNING. The City of Lubbock does hereby plat the above described property into lots and blocks, designating streets, alleys and other public properties as thereon shown in accordance with the attached map, prepared by Hugo Reed and Associates, Inc., a licensed surveyor for the State of Texas, on the 5th day of April 1983 , and approved by the Planning Commission of the City of Lubbock on the 3rd day of March , 1983 , and desiring to have the said property platted and duly filed for record as required by law all as shown on the attached map; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS; That for and in consideration of the special benefits to the remainder of the property, the City of Lubbock does hereby DEDICATE all the streets, alleys and other public properties thereon shown and designated upon said map to the PUBLIC for PUBLIC USE FOREVER; and by these presents, do impress the name of Tract 1, North-East Industrial Addition to the City of Lubbock, Lubbock County, Texas, upon said property for the correct reference and description thereto by lots and blocks as indicated upon the attached map, and do hereby adopt the name hereinabove stated and impress the same upon said land, incorporat said map as a part of this dedication. WITNESS MY HAND this 12th day of May 1983 /S/ Alan Henry ALAN HENRY,.MLAYOR.PRO.TEM CITY OF LUBBOCK THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned Notary Public in and for Lubbock County, Texas, on this day personally appeared ALAN known by me to be the person whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 16th day of May, 1983. My commission expires 11/30/85. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas 223 83-42-223- 433 ( 25 ) 83-42-224-434 ( 26 ) Consider a resolution authorizing the City to accept a bid received for a building which is owned by the City of Lubbock. Resolution No. 1383 This resolution authorizes the City to receive the highest and only bid for a house located at 2007 - 14th St, which is part of the CD acquisition in Overton Addition for the development of a park. The minimum bid for the house was $1,000; Mr. Michael Pigu was the only bid in the amount of $1,250 which includes either moving or demolishing the structure and removing the salvage material from the property. HW/mck RESOLUTION NO. 1383 WHEREAS, the City Council of the City of Lubbock has received bids for the removal and relocation of a building located at 2007 14th Street; and WHEREAS, the City Council deems the bid submitted by Michael Pigu in the amount of $1,250.00 to be the best bid; NOW THEREFORE: 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 to execute a contract with Michael Pigu in the amount of $1,250.00, which was the highest and only bid received for a building located at 2007 14th Street in the City of Lubbock, Lubbock County, Texas, said building to be removed from the premises and relocated by the said bidder. Passed by the City Council this 1983. ATTEST: 12th day of May , /S/ Alan Henry ALAN HENRY, MAYOR PRO TEM /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /S/ Harold Willard Harold Willard, Assistant City Attorney The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance 8438 and Ordinance 8439 on first reading; to pass Resolution 1381 approving the three transmission line licenses with Santa Fe Railroad; to pass Resolution 1382 approving the dedication deed for the proposed electrical sub -station site; and to pass Resolution 1383 accepting the bid of Mr. Michael Pigu for a house located at 2007 - 14th St. Motion carried: 4 Yeas; 0 Nays; McAlister absent. Consider the following matters related to the Day Care Center #2: a. Consider the allocation of contingency funds for the construction of Dav Care Center #2. The construction of a new day care facility to be located at 2700 Erskine was approved as a part of the 1980 CDBG program, and $250,000 was allocated for this project. Of this allocation, $35,365 has been spent for the acquisition of land, legal fees, appraisals, architectural fees, testing and printing of bid documents. The low bid submitted by Lubbock Development Company reflects a deficit of $28,597, taking into consideration all of the related costs. The project calculations are: Original construction price $2545496 Less: spec. changes 4,195 Option #1--floor finish 4,918 Option #3--mill work 2,151 USDA grant --vent hood 4,704 Revised construction price $238,528 2|4,63 Bid price 243,232 (38,507) The motion was nmda by Councilman Aderfon, seconded by Councilman Brown to authorize the allocation of $28,597 from CD Contingency Funds to be used on the above referenced project. Motion carried: 4 Yeas; 0 Nays; McAlister absent. 83-42-224-424B b" Consider >d #7281 for the construction of (20B) 6ay Care Center #2, and authorize same. Resolution 1384 Lubbock Development Company submitted a bid of $254,496, deleting Option #1 which was for floor finishes, which has been donated by a private source ($4,918) and Option #3 deleting mill work, which can be done by the Child Care Association's handyman ($2,151)° The USDA grant provides the commercial vent hood to comply with day care center licensing requirements. The new facility will accommodate 130 children. The motion was made by Councilwoman Baker, seconded by Councilman Brown to award Bid #7281 to Lubbock Development Co. for the construction of Lubbock Day Care Center #2* and to pass Resolution 1384 authorizing the contract related thereto. Motion carried: 4 Yeas; O Nuys; McAlister absent. RESOLUTION NO. 1384 BE ZI 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 u contract between the City of Lubbock and Lubbock Development Company, Inc., for the renovation of the Lubbock Day Care Center No. 2, which contract, attached herewith 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___UtIL_day of. /S/ Alan Henry /S/ Evelyn GAffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Sandy Ogletree Sandy Ogletree, Community Development Coordinator APPROVED AS TO FORM: /S/ Joao M. Sherwin Joan M. Sherwin, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK 1983. THIS AGREEMENT, made and entered into this 12th day of A.D. 1983, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through , Mayor, tbezeuoto authorized to do so, authorized to do so, hereinafter referred to as OWNER, AND Lubbock Development Co., Inc Box 6525I Lubbock Texas 79464 of the City of Lubbock , County of Lubbock and State of , hereinafter termed CONTRACTOR. r,rTNTV Q QnTn. T1~4- 4:.- ~.A 4- .~..4A~_.1-4.. .-F +k~ ­--+- —A ­--+° 225 bearing even date herewith (if any ) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: The Construction of Lubbock Day Care Center No. 2 2700 Block of Erskine Avenue Lubbock, TExas 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. . I 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:ithe contract documents in the sum of $243,232.00 BASE BID $254,496.00 ALT. NO. 1 ( 4,918.00) ALT. NO. 3 ( 2,151.00) $247,427.00 REVISIONS/DELETIONS ( 4,195.00) CONTRACT PRICE $243,232.00* *Of Contract Price $4,704.00 shall be reimbursed the Owner by the Day Care Association of Lubbock. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in triplicate in the year and day first above written. ATTEST: ISI Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO CONTENT: /S/Sandy Ogletree APPROVED AS TO FORM: Joan M. Sherwin ATTEST: /S/ Caye Davis Secretary CITY OF LUBBOCK, TEXAS ISI Alan Henry - MAYOR PRO TEM CONTRACTOR BY: /S/ Lubbock Development Co. Inc. TITLE:_V.P. COMPLETE ADDRESS: Lubbock Development Co., Inc. P.O. Box 65251 Lubbock, Texas 79464 M, 83-42-226-435 Consider the price and conditions of sale of Parcel #16-3 ( 27 ) and:.#;I6-13 1n the Coronado -Tex R-33 area. Motion was made by Councilman Brown, seconded by Councilwoman Baker to approve the price and condition on the parcel stated above. Motion carried: 4 Yeas; 0 Nays; McAlister absent. 83-42-226-436 Consider a resolution authorizing the Mayor to sign an amendment ( 28 ) to a revised agreement with the State Highway Department for the installation and maintenance of pavement markings within the City (Reso 1005, 1/14/83; Reso 1005-A, 2/14/83). Resolution 1005-B This is the second revised agreement related to the Installation of retro-reflective prefabricated pavement markings (see referenced above for previous Council action). The Highway Department has had minute revisions previously and this revision Incorporates State Contract Management Standards Act of 1981. The provisions In the original contract regarding maintenance responsibilities of the Highway Department as well as the reimbursement provision remain the same. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution 1005-B approving the revised agreement with the State Highway Department related to the vinyl tape street markings. Motion carried: 4 Yeas; 0 Nays; McAlister absent. JWF/mck RESOLUTION NO. 1005-B BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an amendment to a contract between said City and the Texas Department of Highways and Public Transportation dated February 24, 1983, said amendment being set forth in a copy of the amendment 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 ATTEST: 12th day of May , 1983. /S/ Alan Henry ALAN HENRY, MAYOR Pro Tem /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Larry Hoffman Larry Hoffman, Director of Traffic and Transportation APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney AMENDMENT TO CONSTRUCTION AND MAINTENANCE AGREEMENT THE STATE OF TEXAS COUNTY OF TRAVIS THIS AMENDMENT, made this 12th day of MAY , 1983, modifies the AGREEMENT made the. 24th day of February , 1983, by and between the State of Texas, hereinafter referred to as the "STATE", Party of the First Part, and the City of Lubbock , acting by and through its duly authorized officers under resolution passed the 24th day of February 19 hereinafter called the "CITY", Party of the Second Part. The referenced AGREEMENT is ADMENDED to ADD, before the final paragraph on page 6 of the 7 pages of that AGREEMENT, the following new provision: UNIFORM GRANT AND CONTRACT MANAaFMFNT STANDARDS 227 MAY 12 1983 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in multiple originals on the dates shown herein below. ATTEST: Evelyn Gaffga, City Secretary -Treasurer Approved as to content: Larry Hoffman, Director of Traffic and Transportation Approved as to form: J. Worth Fullingim Assistant City Attorney Executed on behalf of the city. this 12th day of May , 1983. By: ALAN HENRY, Mayor Pro Tem STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transporta- tion Commission: By: Chief Engineer of Safety & Maintenance Operations Executed and approved for the State Highway and Public Transportation Commission under' authority of Commission Minute 78501 and Administrative Order Number 29-81. RECOMMENDED FOR APPROVAL: Director, Finance District Engineer 83-42-227-437 Consider all matters incident and related to the Issuance of "City of Lubbock, Texas ( 37 ) Electric Light and Power System Refunding Revenue Bonds, Series 198311, as follows: a. Consider an agreement with First Southwest Company to process refunding of 1981 electric revenue bonds. Joe Smith and Jim Kerley of First Southwest Dallas, Ed Esquivel, bond attorney and Jim Brooks, Rauscher-Plerce acting as underwriter for this sale, apprised the Council of the current source and use of funds, the net interest rate for the 1983 Series and the amount of savings to be realized by refunding the 1981 Series of these revenue bonds. The motion was made by Councilman Brown, seconded by Councilwoman Baker approving the agreement with First Southwest Company Dallas to process the refunding of the 1981 Series, Electric Revenue Bonds. Motion carried: 4 Yeas; 0 Nays, McAlister absent. 83-42-227-4381, b. Consider an ordinance authorizing the (37B) issuance of the bonds, approv-ing and authorizing the execution of a purchase contract and approve an Official Statement connected therewith. Ordinance No. 8440 As required by law, the ordinance was read into the record in Its entirety, following which the motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance 8440 on first reading; Motion carried: 4 Yeas; 0 Nays; McAlister absent. MAY 12 19g3 F�" F111", ORDINANCE.NO. 8440— AN ORDINANCE by the City Council of the City of Lubbock, Texas Authorizing the issuance of $10,770,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REFUNDING REVENUE BONDS, SERIES 1983"; prescribing the form of the bonds and the form of the interest coupons; pledging the net revenues of the City's Electric Light and Power System to the payment of the principal of interest on said bonds; enacting provisions incident and related to the issuance, payment, security and delivery of said bonds including the approval and execution of a Purchase Contract and the approval and distribution of an Official Statement pertaining thereto: and providing effective date. 83-42-228-439 c. Consider a resolution approving and authorizing the execution of a Special Escrow (37C) Fund Agreement with Texas Commerce Bank, National Association, Lubbock, Texas. Resolution #1387 RESOLUTION NO. 1387 A RESOLUTION by the City Council of the City of Lubbock,.Texas, approving and authorizing the execution of a "Special Escrow Fund Agreement" by and between the City and Texas Commerce BANK, National Association, Lubbock, Texas in relation to the refunding of certain outstanding revenil bonds of the City; and resolving other matters incident and related thereto. I WHEREAS, on this date the City Council of the City of Lubbock, Texas passed and adopted on first reading an ordinance authorizing the issuance of "City of Lubbock, Texas, Electric Light and Power System Refunding Revenue Bonds, Series 1983" (the "Bonds") in the aggregate principal amount $10,770,000 for the purpose of refunding certain outstanding revenue bonds of the City payable from and secured by a lien on and pledge of the net revenues of the City's Electric Light and Power System (the "Refunded Bonds"); and WHEREAS, in accordance with the provisions of Article 717k, V.A.T.C.S., the City is to deposit with the Texas Commerce Bank, National Association, Lubbock, Texas (the paying agent for the Refunded Bonds) from the proceeds of sale of the Bonds an amount sufficient to provide funds necessary to fully pay the principal of and interest on the Refunded Bonds as the same becomes due payable; and WHEREAS, to provide for the safekeeping, investment, administration and disposition of the funds to be deposited with said Bank and to insure the availability of moneys in amounts sufficient to provide for the scheduled payment of the principal of and interest on the Refunded Bonds, a "Special Escrow Fund Agreement" by and between the City and Texas Commerce Bank, National Association, Lubbock, Texas, has been prepared and submitted to the City Council for approval and execution, such "Special Escrow Fund Agreement" being attached hereto as Exhibit A and incorporated herein by reference as a part of this resolution for all purposes; and WHEREAS, the City Council hereby finds and determines that said "Special Escrow Fund Agreement" should be approved and execution of the same for and on behalf of the City authorized; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: That the "Special Escrow Fund Agreement" (the "Agreement") by and between the City and Texas Commerce Bank, National Association, Lubbock, Texas attached hereto as Exhibit A and incorporated herein by reference as a part of this resolution for all purposes, is hereby approved as to form and substance, and the Mayor and City Secretary of the City of Lubbock Texas, are hereby authorized and directed to execute such Agreement for and on behalf of the City and as the act and deed of this Council. SECTION 2: That, in connection with the purchase and delivery of the "Federal Securities" referenced inthe Agreement and to be acquired and deposited to the credit of the "Special 1983 City of Lubbock Refunding Bond Escrow Fund", the Texas Commerce Bank, National Association, Lubbock, Texas, as agent for the City, and the Assistant City Manager for Financial Services (either or Both) are hereby autorized and directed to execute the approporiate subscription froms and make the necessary arrangements for the purchase and acquisition, on the date of delivery and payment for Bon( from the Federal Reserve Bank, Dallas, Texas, of the "Federal Securities" in the principal amount of $10,497,600, bearing interest at such rate or rates and maturing in such amounts and at such time as shall be necessary to fully pay the principal of and interest on the Refunded Bonds; all as contemplated and provided in Article 717k, V.A.T.C.S., the Agreement. PASSED AND APPROVED, this the 12th day of May, 1983. ATTEST: Evelyn Gaffga City Secretary, City of Lubbock, Texas /S/ Alan Henry Mayor Pro Tem, City of Lubbock, Texas IS (City Seal) 229 The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution 1387 authorizing the escrow fund agreement with Texas Commerce Bank, Lubbock. Motion carried: 4 Yeas; 0 Nays; McAlister absent. d. Consider a resolution providing for the redemption of the "City of Lubbock Electric Light and Power System Revenue Bonds, Series 19_81.11 83-42-229-440 Resolution #1388 (37D) These documents are requirement related to the Issuance of the 1983 Series In order to redeem the 1981 Series. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution 1388 authorizing the redemption of the 1981 Series of the referenced revenue bonds. Motion carried: 4 Yeas; 0 Nays; McAlister absent. RESnT TTTT0'N7 NO. 1388 A RESOLUTION by the City Council of the City of Lubbock, Texas, providing for the redemption of "City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 1981" and resolving other matters incident and related to the redemption of such bonds. WHEREAS, pursuant to Ordinance No. 8232 passed on and second and final reading August 28, 1981, the following described bonds were duly authorized to be issued and are currently outstanding, to -wit: "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1981," dated August 15, 1981, aggregating in principal amount $8,550,000, and scheduled to mature on April 15 in each of the years 1984 through 2002; AND WHEREAS, in the proceedings authorizing the issuance of said bonds, and as stated in each of said bonds, the City reserved the right at its option to redeem prior to maturity bonds maturing in the years 1992 through 2002, in whole or any part thereof, on April 15, 1991, or on any interest payment date thereafter at the price of par and accrued interest to the date fixed redemption; and WHEREAS, the City Council hereby finds and determines that all of said bonds maturing on and after April 15, 1992 should be redeemd on April 15, 1991, and a notice of redemption should now be given of such redmeption date in accordance with the terms and provisions prescribed therefor in the authorizing proceedings and said bonds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: That the bonds of that series known as "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1981" maturing in the years 1992 through 2002, being those bonds numbered 811 through 1,800, each in the denomination of $5,000, and aggregating in principal amount $4,950,000, shall be redeemed, and the same are hereby called for redemption, on April 15, 1991, at the price of par and accrued interest to the date of redemption. SECTION 2: That the City Secretary is hereby authorized and directed to cause a notice of redemption to be filed with the Texas Commerce Bank, National Association, Lubbock, Texas and the Citibank, National Association, New York, New York, the "paying agents"; such notice of redemption to read substantially as Exhibit A attached hereto and incorporated herein by reference as a part of this resolution for all purposes. PASSED AND APPROVED, this the 12th day of May, 1983. Isl Alan HEnry Mayor Pro Tem, City of Lubbock, Texas ATTEST: Isl Evelyn Gaff City Secretary, City of Lubbock, Texas (City Seal) (NOTE: Attached to the resolution is an Exhibit A entitled "NOtice of Redemption" as well as the CERTIFICATE OF CITY SECRETARY.) 23U 17 1 83-42-230-441 Review appeal of Mike Taylor of Electric Board of Examiners (29 ) decision, and take appropriate action. At the 8:30 Work Session, the Council was apprised by City Attorney John Ross that the only action the Council could take today would be to revoke or modify the Electric Board of Examiners' decision, which was to revoke Mr. Taylor's license. If the Council wished to's'ustaln the Board's decision, they would need to set a time and date for a public hearing allowing the appellant (Mr. Taylor) due process at which time he can present the merits of his case, as well as rebuttal by the Board. The facts are these: it seems Mr. Taylor allowed his license to lapse In 1980 and he subsequently was performing.dutles as an electrician without a license and without a permit. He was convicted of these charges in municipal court, and subsequently Mr. Taylor was notified by ;the Senior Electrical Inspector to appear before the Board, in accordance with Sec. 2-455 of the Electrical Ordinance. At the regular session, the motion was made by Councilwoman Baker, seconded by Councilman Brown to hold a public hearing May 26, at 9:45 A.M. to hear the appeal of Mike Taylor. Motion carried: 4 Yeas; 0 Nays; McAlister absent. 83-42-230-442 Consider a resolution authorizing the Mayor to sign a contract for architectural ( 30 ) services for renovation of Hodges Community Center. Resolution #1385 The sum of $80,000 In Revenue Sharing funds has been approved for the renovation of the Hodges Community Center to Include exterior siding, trim repair, re -roofing and paint- Ing. From the proposals submitted, the architectural firm of Tisdel and Adling has been submitted, the fixed fee being $5,600. The contract calls for the architect to rework the bid documents at no expense to the City In the event the bids exceed the budgeted funds; the architect will make arrangements for soil testing; the architect will provide a set of reproducible drawings that will become the property of the City. Motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution 1385 authorizing the contract with Tisdel and Adling. Motion carried: 4 Yeas; 0 Nays; McAlister absent. JMS:js RESOLUTION NO. 1385 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Tisdel and Adling, Architects and Engineers, for architectural services in connection with the renovation and remodeling of Hodges Community Center, which Agreement, attached herewith, shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of May , 1983. Is/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Assistant City Manager APPROVED AS TO FORM: /s/ Joan M. Sherwin Joan M. Sherwin, Assistant City Attorney (NOTE: The STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT is attached to the ahnvo rnFnrcinnor� roanlntinr1 231 83-42-231-443 ( 31 ) Consider a resolution authorizing the Mayor to sign a change order with Pharr & Pharr Enterprises for renovation of K. N. Clapp pool (Reso 1362, 4/14/83; Bid #7311). Resolution 1362-A On April 14, 1983 the Council appoved the contract with Pharr & Pharr for the renovation of Clapp pool In the amount of $117.917. All work on the interior portion was deleted from the original contact an he Staff was to resubmit that interior work the felt was the highest priority. The proposed change order Includes renovation of the concession stand ($12,725.10) and the replacement of six metal doors in the bath house ($5,405) and the exterior security lighting ($402) for a total sum of $18,532.10. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass R- esolution 1362-A authorizing the referenced change order. Motion carried: 4 Yeas; 0 Nays; McAlister absent. JMS:js RESOLUTION NO, 1362A 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 Change Order on contract with Pharr & Pharr Enterprises for repairs to K.N. Clapp Swimming Pool and Buildings, which Change Order, attached herewith, shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of May , 1983. /s/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /sl Bob Cass Bob Cass, Assistant City Manager APPROVED AS TO FORM: /s/ John M. Sherwin Joan M. Sherwin, Assistant City Attorney (NOTE: Change Order documents are attached to the above referenced resolution.) 232 MAY 12 1983 1 83-42-232-444 Consider a resolution authorizing the Mayor to sl ( 32 ) services. Resolution #1386 a contract with CTIC Associates for cable televislor At the 8:30 Work Session, the Council was apprised by ACM Bob Cass that the Staff had been negotiating a contract with CTIC Associates of Arlington, Virginia to serve as cable television technical advisor. Basically, the firm will provide the following: Education workshops with Council, Staff and public groups $ 3,708 Developing/Administering Community Needs Assessment Survey 5,977 Policy development/drafting cable television ordinance 4,257 Overrate analysis (If necessary) 5,760 The City will pay the consultant on a "per hour" basis plus expenses and overhead ($80 for principals; $40-$70 for associates) The technical advisor will be necessary for whatever cable operator the Council decides to use. If the existing operator is selected, estimated costs for technical/financial evaluation will be $10,519. Otherwise, competitive bids will need to be sought. If competitive bids are sought, estimated costs are $2,450 for preparing Request for Proposal and $8,000 for CTIC to evaluate each proposal. Should assistance from CTIC be needed In negotiating a contract with the operator chosen, the consultants would be paid on an hourly basis. The Staff recommends that the $82,000 previously allocatedfortennis courts on the 82nd and Memphis pumpstatlon be reallocated for this purpose. The tennis courts will not be constructed until the dispute with the contractor on the sagging roof of the reservoir Is still In dispute. The educational seminars with the Council will consist of approximately three hours, and it is recommended that Individual sessions over a two day period be considered. If there are any antitrust Issues to be discussed with consultant or operator, the Legal Department Is prepared to provide this assistance. At the regular session, the motion was made by Councilman Aderton, seconded by Council- woman Baker to pass Resolution #1386 authorizing the contract with CTIC Associates of Arlington, Virginia for advisory services related to the cable television contract. Motion carried: 4 Yeas; 0 Nays; McAlister absent. JCR:cl RESOLUTION NO. 1386 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Consulting Services between the City of Lubbock and CTIC Associates, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of May , 1983. /s/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Assistant City Manager APPROVED AS TO FORM: /s/ Joan M. Sherwin John C. Ross, Jr., City Attorney 233 THE STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT FOR CONSULTING SERVICES This agreement made and entered into this 12th day of May, 1983, by and between the city of Lubbock, Texas, hereinafter referred to as City, and CTiC Associates, a for profit corporation organized and existing under the laws of the Commonwealth of Vnia, having its principal place of business at 1800 N. Kent Street, Suite 1007, Arlington, Virg22209 hereinafter referred to as CTIC, WITNESSETH: WHEREAS, on the 25th day of February, 1965, City passed Ordinance 4627 awarding a franchise for cable television operations within the City of Lubbock to Lubbock Television Cable Co., Inc., and WHEREAS, on the 10th day of September, 1970, City did pass Ordinance 5917 consenting to the assignment of said Franchise Ordinance (#4627) to Cox Cable Communications, Inc., and WHEREAS, the term of the franchise set forth in ORdinance 4627 was for a period of twenty years and said term will expire on approximately March 13, 1985, and WHEREAS, great advancements have taken place in the cable television industry since the granting of the franchise contained in Ordinance 4627, and WHEREAS, the city deems it to be in the best interest of the citizens of the City of Lubbock to engage the services of CTIC to review the existing cable teleivision system in Lubbock, to render analytical and technical advice to City as to the type of serivce the City of Lubbock could expect to receive given recent advances in the industry, to assist the City in preparaing an up to date franchise ordinance and re- lated documents, to assist the City in development of such franchise and to render such technical and professional services as may be appropriate under the premises, and WHEREAS, the City is interested in obtaining the best possible cable teleivision service for the consumers in City service area, and WHEREAS, CTIC represents and warrants that it is profesionally competent to undertake the services contemplated by this agreement, and that the professional members of its staff will WHEREAS, CTIC further represents cooperate with members of the City taff, and WHEREAS, both parties to this agreement intend to comply with the requirements of the Federal Antitrust laws. NOW THEREFORE, the parties do mutual agree as follows: I. SERVICES TO BE PERFORMED BY CTIC A. EVALUATION OF EXISTING OPERATIONS - In order for CTIC to render analytical and technical advice to the City as to the type of service City could expect to receive from cable teleivision operations given the advancements in said industry, both parties hereto agree that it is essential for CTIC to evaluate the existing cable television ubbock. City does hereby appoint CTIC as its limited agent to operation in the City of L forma - evaluate the existing cable television operation carried on within the city with informa- tion supplied by the operator. CTIC agrees to undertake such evaluation in the following manner: 1. Technical review of existing system - CTIC will provide a technical consultant who is a staff member of CTIC to perform an technical review of the existing cable television operations in the City Of Lubbock. The technical review shall consist of the following: (a) Consultant will evaluate the existing system to determine whether or not there exists any technical problems in the current system, determine the causes of any problems identified and suggest possible remedies that would improve reliability and acceptability of signal quality. (b) Consultant will make a technical appraisal of the existing cable system design, quality of received television signals, whether off -air or by micro- wave, the possible excessive deterioration of amplifiers, construction practices, maintenance procedures and the quality of signals delivered to subscribers. (c) Consultant will provide to City an original report together with ten copies of consultant's technical evaluation of the existing cable television system in Lubbock, Texas. The report shall be prepared in such a way as to give City an objective basis of understanding the cause and extent of any problems identified by consultant together with consultants recommendation as to remedies that may be needed to assure improved, state of the industry and reliability and acceptable television signal quality. 224 2. FINANCIAL REVIEW OF EXISTING SYSTEM - CTIC will undertake a financial review of the existing cable television operation in the City of Lubbock. CTIC will undertake such review in the manner it deems most appropriate to develop the following information: (a) What system modernization and rebuilding is planned? At what annual onat and on what sched- ule? (b) Whet new services are proposed and what is their estimated impact on expenditures and revenues? (c) What accounting practices have been utilized and to what extent have they been consistently followed over the years? This would include a comparison of the company's accounting assumptions to industry wide practices regarding such items as rates of depreciation, capitalization and expens- ing of costs, determinations of capital structure and amortization of indebtedness. (d) How do the operating expenditures compare with industry norms? Does the system appear from this data to be efficiently run or are some of the expenditures unusually high in comparison with similar type cable systems with similar signal problems and levels of penetration? (e) What has been the rate of return and what is the projected rate of return assuming any proposed rate increases? Upon completion of the financial review CTIC shall provide City with an original report together with ten copies of its findings together with any comments CTIC deems appropriate. B. OVERBUILD (Economic) ANALYSIS - CTIC represents that its staff possesses the capability to undertake an overbuild (economic) analysis of the service market for cable tele- vision in the City of Lubbock. CTIC agrees that it will undertake such analysis and that said analysis will address the following: ' 1. Define the service market area for cable tele- vision within the City of Lubbock. 235 MAY 12 1983 2. Based upon the service market area, determine the economic feasibility and effects of awarding multiple franchise for cable television service within the market area. 3. Based upon the service market area, determine the economic feasibility and effect of awarding o single franchise for cable television service within the market area. 4. List any relevant market characteristic which should be brought to the City'o attention in deter- mining whether or not to award multiple franchises for the defined service areas. 5. List any relevant market characteristic which should be brought to the City'a attention in deter- mining whether or not to award a single franchise for the defined service area. 6. Prepare an original and ten copies of o report containing its overbuild analysis and assist the City in reviewing the options outlined in said study. C. EDUCATIONAL WORKSHOPS - CTIC has indicated that a very important part of the consulting service rendered by it consists of certain educational activities carried on in City. CTIC will therefore conduct the following educational workshops in the City of Lubbock: 1. The first workshop will be designed to assist the City, its governing body and City staff in gaining understanding of the advantages or disadvantages in awarding a single franchise or multiple franchise within the service area. 2. The second workshop will be designed to include all of the officials described in subparagraph 1 above and in addition will involve various City departments and members of the public. The purpose of this workshop will be to develop an understanding of the currant state of the art technology available in the cable television industry. The workshop will also cover the application of such technology to the service area in Lubbock, Texas, along with the coat impli- cations of such activity. 236 ~ . �.� D. NEEDS ASSESSMENT - As a follow-up to the educational workshops CTIC will develop e needs assessment procedure for use by the City staff. The procedure prepared by CTIC will include materials to allow City staff to make the following assessments: 1. A determination of the desires of the community U residing within the service area of the City for possible expansion of cable television system and services. 2. An assessment of the current effectiveness of local regulation of cable television within the service area. 3. An assessment of the desirability for more or laan local regulation of cable television within the service area. 4. An uoaanament of local community needs as well as local government needs which should or may be provided through cable television within the service area. Upon completion of the needs assessment by City staff CTIC will review same and submit any comments deemed appropriate to City. E. ASSISTANCE IN DRAFTING CABLE TELEVISION ORDINANCE, -~- � FRANCHISE AND OTHER NECESSARY LEGAL DOCUMENTS. - In the preparation of any legal document, documents, instrument or instruments, necessary or appropriate to address the regulations and franchising of cable television within the service area of the City, CTIC will provide the following: Y. Any ordinance necessary or appropriate to provide local regulation of cable television within the service area of the City. 2. Any franchise necessary or appropriate for the regulation of cable television within the City and authorize such activity within the service area. 3. Any other legal documents or instruments deemed �`1 H necessary or appropriate under the premises. In discharging this responsibility it is understood that CTIC shall coordinate its work with the office of the City Attorney. F. ASSISTANCE IN DEVELOPING FRANCHISE FOR SERVICE AREA. -CTIC will render assistance and service, as hereinafter set forth, in the developing of any franchise or related legal document necessary for the procurement of cable television 237 within the service area of the City. However, both parties to this agreement understand that the franchise may be developed in one of several methods. Depending upon the developing mode deemed most acceptable to City, CTIC will perform the following services: 1. In the event that the developing mode deemed most � � appropriate by City is to place the franchise out for � ^� formal competitive bids, CTIC will be performing the � following services: � ' (a) Prepare all bid documents necessary to solicit formal bids including by way of illustration only the following: (1) Instructions to Bidders (2) Bid Specifications (3) Copy of Proposed Franchise (4) All other documents deemed appropriate for the bidding process. (b) Following preparation of the bid documents as set forth in subparagraph (a) above, CTIC shall assist the City in preparing formal advertisements for bide to he placed in a national publication available to the cable television industry. City will secure a publisher's affidavit as to the date of such publication together with a copy of the advertisement as pubIlehed. The advertisement shall provide o reasonable time for all interested bidders to obtain o copy of the bidding documents and to prepare and file sealed bids with City. The advertisement shall also set a deadline after which sealed bids will no longer be accepted. The advertisement shall also state that the City reserves the right to reject any or all bids. In addition, the advertisement for bide shall place all bidders on notice that after sealed bide have been opened they shall be forwarded to CTIC for evaluation and that each bidder shall respond to all inquiries by CTIC concerning this bid. (c) Bids shall not be submitted to the governing body of the City for action until such time as CTIC has completed this evaluation of each bid submitted. This fact shall be made known to all bidders. 2., 8 f, (d) CTIC will utilize the following three techniques in evaluating bids: (1) Comparison of individual line -item data (such t� as homes passed, subscribers served, channel E usage, and staffing) to industry references ti and to CTIC's file information. This type of r� analysis is called "horizontal -sectioning wE comparison" and the resulting data are E presented in comparative tables throughout the report. (2) Internal comparison of each proposal for c; self -consistency, completeness of answers, �E responsiveness to the desires of the City, ,E baseline assumptions, and the reasonableness of the offering. This is called "vertical - r integration comparison." s (3) Development of interpretative narratives on each topic and requirement, which entails identifying areas of concern and noncompli- f{{pj ance. sp s (e) For all bids received, CTIC shall prepare a t preliminary evaluation report, which report shall set forth questions and comments on bids received and each bidder will be given an opportunity to respond to said preliminary report. �E (f) For all bids received CTIC shall prepare a final evaluation report to present to City. The evaluation report shall contain the following: (1) Bidder's ownership structure. s (2) Bidder's ability to obtain financing. (3) Bidder's financial projections. e (4) Evaluation of bidder ''s system design and engineering details of bid. tl (5) Description of the program package and proposed services. (6) Identification of the elements of the bid that exceed, equal or fail to meet speci- fications. (7) CTIC summary and recommendations. 'i (g) After CTIC has completed its final evaluation report for all bids submitted, it shall notify t City of such fact, forward copies of its reports to City, and be available to be present in the City to respond to questions, explain its reports and assist in the formal bid award process. 2. In the event that the developing mode deemed most appropriate by City is to call for request for propo- sals, then in such event CTIC will perform the follow- ing services: (o) Prepare the request for proposed documents which shall consist of the following: (1) Franchise application form. (2) Copy of proposed franchise and other related legal documents. /3\ Instructions for submitting proposal (4) Any other information deemed appropriate. (b) Following preparation of the request for proposal documents as set forth in subparagraph /a\ above, CTIC shall aaelet the City in preparing a formal advertisement notifying applicants that the City is seeking requests for proposals to provide cable television service within the City. The adverti- sing notice shall contain the following: (1) The address of where any applicant may obtain copies of the request for proposal docu- ments. (2) State the time when request for proposals will no longer be accepted. (3) State that the City reserves the right to reject any or all proposals. (4) Notify each applicant that all proposals received by City will be evaluated by CTIC and that no action of the governing body shall be taken until such time as said evaluations are complete and have been received and reviewed by City. (5) List the address where all proposals are to be returned by each applicant" (6) Notify each applicant that it will be required to respond to inquiries from CTIC concerning its proposal during the evaluation process conducted by CTIC, 248 MAY 12 1983 \ (c) Proposals shall not be submitted to the governing body for action until such time as CTIC has completed this evaluation of each proposal submitted and this fact shall be made known to each applicant. i] (d) CTIC shall use the eoma techniques in evaluating proposals received by City as set forth in <para- graph� of this agreement. (e) CTIC recognizes that o call for request for � proposals by interested applicants varies from a formal bidding procedure in that in the former case the City is interested in receiving an objective analysis of how applicant would supply the service to City that City has inquired about in its request, whereas in a formal bid procedure the bidder is required to meet City specifications as to how the service shall be performed. CTIC shall therefore in its instructions to applicants identify the minimum requirements that each proposal shall contain together with a statement that each applicant is free to odd additional points to his proposal as applicant deems pru- dent. (f) For all proposals received, CTIC shall prepare a preliminary evaluation report, which report shall set forth questions and comments on proposals received and each applicant will be given an opportunity to respond to said preliminary report. (g) For each proposal received by City in response to its request, CTIC shall prepare an evaluation report to present to the City. The evaluation report shall contain (1) Applicant's the following: ownership structure. (2) Applicant's ability to obtain financing. (3) Applicant's financial projections. (4) Evaluation of applicant's system design and engineering details of said system. ~-~ (5) Description of applicant's program package y and proposed service. 241 (6) Evaluation of any addition to the proposal supplied by applicant in excess of the minimum requirements identified in instruc- tion to applicant, (7) CTIC summary and recommendations as to each proposal. (h) After CTIC has completed its final evaluation report for each proposal submitted, it shall notify City of such fact, forward copies of its reports to City, and be available to be present in the City to respond to questions, explain its reports, and assist in the selection of the best proposal or proposals. 3. In the event that the developing mode deemed most appropriate by City is to award a franchise or fran- chises for cable television service within the City through open negotiations, then in such event CTIC will perform the following services: (o) Prepare e negotiation packet to be given to each person interested in entering into negotiations with City for cable television service within the service area of City. The packet shall contain the following: (1) A listing of the items of service and programing City deems acceptable. (2) Furnish to each interested party o copy of the proposed franchise. (3) Prepare a standard operating procedure as to how negotiations will be conducted with each applicant. (4) Any other information deemed appropriate. (b) CTIC shall be present and assist the City in all negotiations conducted with each interested party. (o) CTIC shall assist the City in preparing an advertisement available to the cable television industry to the effect that City will entertain negotiations for a franchise or franchises for cable television within its service area. The advertisement shall contain the following: � ' M&� 121983 242 ` F', (1) The address of where any interested party may obtain a copy of the negotiation packet, copy of proposed franchise, and copy of standard operating procedures concerning negotia- tions. (2) State a time in which all interestedparties aho}I notify the City of their desires to enter into negotiations with City and beyond which no person shall be deemed eligible to negotiate. (3) That at the conclusion of negotiations with each interested party, said party`o final offer shall be reduced to writing and submitted to the City. (4) That all fine] offers will be evaluated by CTIC and that no action of the governing body shall be token on any offer until such time as CTIC evaluation of each offer is received by City. (5) The City retains the right to reject any or all offers. (6) The address to which any interested party may reply to notify City of said party interest to enter into negotiations with City. (d) CTIC shall use the same techniques in evaluating any final offer received from any interested party as set forth in paragraph F subparagraph 1(d) of Section I of this agreement. (e) For all final offers received, CTIC shall prepare a preliminary evaluation report, which report shall set forth questions and comments on offers received and each interested party will be given an opportunity to respond to said preliminary report. (f) For all final offers received by City from any interested party, CTIC shall prepare an evaluation report to present to City. The evaluation report shall contain the following: (1) The porty/o ownership structure. (2) The party*a ability to obtain financing. (3) The party'o financial projections. 243 .' MAY It, 1983 ' |� |� (4) Evaluation of the party's system design and engineering details of same. | | (5) Description of the porty/a program package | and proposed service. � � � (6) Evaluation of any additional matters con- tained in party/s final offer. ` (7) CTIC summary and recommendations. ! (g) After CTIC has completed its evaluation report for � / each final offer submitted to City, it shall � notify City of such fact, forward copies of its \ | reports to City, and be available to be present in ` the City to respond to questions, explain its � reports, and assist in the selection of an offer � � or offers. � ` � 4. In the event that the development mode deemed most , appropriate by City is negotiations with the existing ! franchise holder, then in such event CTIC shall perform � the following services: � (o) Prepare e standard operating procedure as to how � negotiations will be conducted between the City " and franchise holder. The procedure shall clearly , / | state the following: � � L_~ (1) That at the conclusion of negotiations between City and franchise holder, that the � � offer of franchise holder shall be reduced to writing and submitted to City. (2) That the offer will be evaluated by CTIC, as hereinafter set forth, and that no action of � the governing body of City shall be taken on such offer until such time as CTIC has / completed its evaluation. (3) That the City retain the right to reject any offer received. � � (h) Be prepared to assist City in negotiations with ^ � | | current franchise holder. (c) Assist City in developing o negotiation strategy. � /d\ Be prepared to furnish to franchise holder o copy � of any proposed franchise or other legal instru- ment deemed appropriate to negotiations. ` MAY 244 (a) Be prepared to explain the terms and conditions of any new proposed franchise or other legal instru- ment to franchise holder when such explanation is appropriate. (f) CTIC will use the same techniques in evaluating any offer received from franchise holder as set forth in paragraph F, subparagraph Y(d) of Section I of this agreement. (g) For the final offer received by City from fran- chise holder,CTIC shall prepare an evaluation report to present to City. The evaluation report shall contain the following: (1) The party^o ownership structure. (2) The party/e ability to obtain financing. (3) The pacty'e financial projections. (4) Evaluation of the party'e system design and engineering details of same. (5) Description of the porty'a program package and proposed service. (6) Evaluation of any additional matters con- tained in party'o final offer. (7) CTIC summary and recommendations. (h) After CTIC has completed its evaluation report for the final offer submitted to City, it shall notify City of such fact, forward copies of its report to City, and be available to be present in the City to respond to questions, explain its report, and assist the City in determining whether or not to accept such offer. 5. In the event that the development mode deemed appropriate by City is none of the modes heretofore set forth and on additional mode is selected, then in such event CTIC shall perform the following services to be selected by City: (a) Upon request, prepare a report listing the maximum and minimum service and program requirements deemed appropriate for the service area in the City and such report shall identify alternatives s ubject to negotiation. (b) Upon request prepare o report evaluating the applicant or applicant's offer or proposal to include the following: � - 245 ' ` ' MAY 121983 (1) Ownership structure. (2) Ability to obtain financing. (3) Financial projections. (4) Evaluation of the system design and engi- neering details of same. (5) Description of program package and proposed service. (6) Evaluation of any additional matters deemed appropriate by City. (7) CTIC summary and recommendations. (o) Upon request, handle or assist the City in all negotiations leading to the granting of o fran- chise for the service area in the City. (d) Furnish to the appropriate person or persons a copy of the proposed franchise document or other legal documents deemed appropriate under the premises. (a) Upon request, and when appropriate, assist City in preparing necessary advertising to ceII to the attention of interested persons the mode in which the franchise is to be developed and how such person may participate in the process. (f) Upon request and when appropriate, eoojat in preparation of bid documents or request for proposals in accordance with the procedures set forth elsewhere in this contract. (g) Upon request, render assistance to the City in preparing any one of the following: (1) Instructions to bidders. (2) Instruction for submitting request for proposals. (3) Standard operating procedures for nego- tiations. (h) Upon request and in the event negotiations are to be used as the mode to market the franchise for cable television service in the City/ to oaaiet the City in developing specific negotiation strategies. (i) Upon request and in the event negotiations are employed to review all such negotiations with City and to aeaieL City in understanding consequences of counter-offers. ` 246 �� -�.. 7 /'\ Upon request, perform any other service, within the capability of CTIC, to assist the City in developing the franchise for cable television in the service area of City. It is the intention of the parties hereto in providing for this additional developing mode to build enough elas- ticity and flexibility into this agreement to provide o scope of service to be furnished by CTIC in the event City advances a development mode not set forth in paragraph F, subsections 1-4 of Section I of this contract. It is further understood by the parties hereto that if o development mode is advanced by City under this subsection (5), that the City shall have the full authority to select and authorize CTIC to perform any one or all of the services herein above set forth which City deems necessary to implement the development mode agreed upon. It is further understood that the City shall have full and final authority to select which development mode will be used by it and that City may select any one of the modes set forth in Section I, paragraph (F), subsections 1-5 of this agreement. G. SERVICES OF CTIC TO BE PERFORMED IN PHASES - The services to be performed by CTIC as set forth in Section I, paragraphs A - F of this agreement are to be performed in phases and CTIC shall not enter upon the performance of any of the services set forth in Section I, paragraphs A - F until authorized in writing by the City Manager or his representative to undertake such service. II. COMPENSATION A. City hereby agrees to compensate CTIC for services authorized by City and furnished by CTIC in the following manner: 1. Services rendered by principal consultants shall be paid for by City at the rate of eighty dollars per hour ($80.00). 2. Services rendered by staff members shall be paid for by City at the rate of forty ($40.00) to seventy ($70.00) dollars per hour. 3. Services rendered in furniahing typing and shall - be paid for at the rote of twenty-five dollars ($25.00) per hour. / 247 4. In addition to the above, City agrees to pay to � U � � U CTIC direct expenses and an overhead charge of 19/10' on �� � those expenses. � ' B. CTIC will submit its statement for services rendered to � City on a monthly basis. C. City agrees to pay each statement submitted within --- / thirty days of the invoice dote and shall receive a two percent discount on all statements paid within thirty days � of invoice date. Payment shall be deemed made within 30 � � ! � days of invoice date if City has placed its check in the . United States Mail addressed to CTIC at its mailing address � within JO days of the date shown on the face of the state- ment. � D. City agrees to pay CTIC, on additional overhead � expense, one and one half percent per month or part thereof : ` on all statements that have not been paid within 60 days of ^ the dote of the statement. Both parties hereto, however, / further agree that such payment shall not be charged to a statement or a part thereof that is in dispute between the � parties. / � E. In the event the City disputes any of the charges / submitted by CTIC in any of its monthly statements, City � | 1 mhoII notify CTIC in writing within 15 days of receipt of � � the statement setting forth its objections. In all such � cases CTIC and the City agree to meet and review in detail � ' the statement submitted and to diligently attempt to resolve the dispute. � � III. OUTSIDE TECHNICAL ASSISTANCE � A. In the event that outside technical assistance is � deemed necessary by CTIC to perform its obligation under- taken in accordance with the terms of this agreement, then � in such event the following conditions shall apply: 1 CTIC shall define the nature of the problem which . � � requires outside technical assistance. � 2. CTIC ehsII define the limited scope of the outside technical assistance required. � 3. CTIC shall submit a list to City of individuals or � firms capable of rendering the required assistance. 4. CTIC shall not be authorized to retain the � | � > services of outside technical assistance unless � authorized to do so in writing by the City Manager or his representative. � ' �� '~"~ 12 1983 248 5. CTIC shall not duplicate the services of any outside technical assistance received. 6. Any outside technical consultant retained shall submit a monthly itemized statement of services rendered and to the extent said charges exceed the fees City has agreed to pay CTIC, City shall be given u credit against any amount owed CTIC. B. In the event that the parties hereto agree that outside technical assistance is required to perform this contract and said assistance is required to address problems outside the scope of service which CTIC has agreed to perform under this agreement, then in such event the following conditions 1^ CTIC shall define the nature of the problem which requires outside technicalaoaiatanue. 2. CTIC shall define the limited scope of the outside technical assistance required. 3. CTIC shall demonstrate that the area to be addressed is outside the scope of services agreed to be performed by CTIC under this agreement. 4. CTIC shall submit a list to City of individuals or firms capable of rendering the required assistance. 5. City shall pay the coat of such outside technical assistance for the limited assistance deemed necessary by the parties. 6. The outside consultant or firm furnishing such services shall furnish a monthly itemized bill to the City. 7. The outside technical assistance must be au- thorized in writing by the City Manager or his rep- resentative. IV. CITY/S RESPONSIBILITIES - In addition to the compensation City has heretofore agreed to pay to CTIC, City does hereby agree to perform the following activities to maaiat CTIC: A. City shall supply to CTIC currant demographic data in possession of City to include by way of illustration the following: 1. Total street miles within City. 2. Current population of City based on last preceding Federal Census. 3. All population trends and projections in City'o possession. / 249 '- MAY 4. Identification of areas within City where under- ground lines are required. 5. Local requirements for underground line instal- lations. 6. All census tract information in City/a possession. 7. Copies of all City planning studies and reports deemed helpful by CTIC. 8. Any other demographic data in City'a possession deemed helpful by CTIC. B. City will eaaieL CTIC in organizing and holding any public meeting deemed necessary by CTIC. C. The office of the City Attorney will be available to work with CTIC in the drafting of all legal documents required under this contract and to advise CTIC on matters of municipal {ow. D. City designates the City Manager or his designated representative as its representative with respect to this contract, whose duty it shall be to act as liaison officer between the City and CTIC. Said representative shall have authority to, transmit instructions to CTIC, receive information from CTIC, communicate City policies and decisions as to the work covered by this contract and provide additional local assistance as agreed between the parties. E. City further agrees to make members of its staff available for meeting with CTIC and to assist CTIC in obtaining any other information in possession of City which CTIC deems helpful in discharging its obligations under this contract. V. TERM OF AGREEMENT - This agreement shall commence and be effective upon its execution by the parties hereto as hereinafter provided and shall terminate upon the completion of the work to be performed by CTIC under this agreement, unless otherwise terminated in the manner hereinafter provided. VI. HOLD HARMLESS A. City hereby ogceaa to indemnify and hold harmless CTIC from and against any loss, coot or expense arising out of legal actions, lawsuits or administrative proceedings of whatever type, nature or description due to the negligence or tortioue acts of City, its officers, employees, agents, (other than CTIC), or appointees and to further indemnify 250 1. MAY 12 1983 and hold harmless CTIC from any breach of this contract by the City, its officers, agents (other than CTIC) or ap- pointees. B. CTIC hereby agrees to indemnify and hold harmless City from and against any loss, cost or expense arising out of legal actions, lawsuits, or administrative proceedings of whatever type, nature or description due to the negligence or tortious acts of CTIC, its officers, employees, agents or contractors and to further indemnify and hold harmless City from any breach of this contract by CTIC, its officers, agents, employees or contractors. VII. CONTRACT DOCUMENTS - It is agreed between the parties hereto that all reports, studies, evaluations, recommendations, papers, research and legal instruments of any type whatsoever submitted to City by CTIC shall become the property of the City and may be used by City for any purpose whatsoever. This provision shall not apply to working papers and other material used by CTIC in formulating any material to be presented to City and not sub- mitted to the City. VIII.CHANGES IN SCOPE OF SERVICE - In the event it becomes necessary to alter or increase the scope of services to be performed by CTIC the City Manager or his designated repre- sentative is hereby authorized to approve such alterations as may be necessary or such additional work as deemed necessary, not to exceed the sum of $15,000.00 for any one change of scope of services. In the event it becomes necessary to alter or increase the services to be furnished by City under this agreement in such event the City Manager or his designated representative shall be authorized to approve such alterations or additions deemed necessary. IX. ASSIGNABILITY - This contract shall not be assigned by CTIC without the written consent of the City. X. GENERAL COMPLIANCE WITH LAWS - CTIC agrees that the services performed under this agreement by it or anyone acting on its behalf will comply with State, Federal and local laws that are applicable to the entry into and the performance of this agree- ment. XI. TERMINATION - It is agreed and understood by the parties to this agreement that either party shall have the right to termi- nate this agreement by delivering to the other party by certified mail return receipt requested, postage prepaid, 15 days written 251 MAY 1219A3 notice of termination. A termination notice to either party shall be addressed to such party at said party'a office address, as hereinafter set forth, unless a different address shall have been specified as the official address of such party by written notice to the other party. It is further agreed that should City terminate this agreement prior to completion of authorized work under progress by CTIC' that the City shall be liable to pay time and expenses of CTIC for the work completed by CTIC an of the date of termination and that CTIC shall deliver to City all such completed work. In the event CTIC terminates this agreement prior to completion of authorized work under progress, the parties shall follow the same procedure as set forth above as if City had terminated the agreement. XII. OFFICIAL ADDRESS - The official address of City shall be P.O. Box 2000, Lubbock, Texas 79457, and the official address of ' ' CTIC shall be 1800 N. Kent Street, Arlington, Virginia22�O9 . , g on, . XIII.MISCELLANEOU5 PROVISIONS - The following miscellaneous provisions aheII apply to this agreement: A. For the purpose of determining the place of this agreement and the law governing it, this agreement is entered into in the City and County of Lubbock, State of Texas, and shall be governed by the laws of the State'of Texas. B. CTIC agrees to attend any public hearing held before the governing body of City upon request and CTIC aheII be compensated therefore in accordance with the terms of this agreement. C. The paragraph headings contained in this agreement are for reference purposes only, and shall not in any way affect the meaning or interpretation of this agreement. O. This agreement constitutes and expresses the entire contract between the parties and shall not be amended or modified except by written instrument signed by both parties. E. To the extent authorized by low, CTIC shall consider its relationship with the City to be confidential and will not release documents, reports, studies or work product to any peCSOO other than an authorized agent of the City without expressed authorization of City. F. It is understood by both parties hereto that this agreement shall be executed in duplicate originals with each party hereto to receive on original agreement. 252 C. If any provision of this agreement is finally declared inconsistent with any ordinance, state statute, federal law or ImgeI decision by any court having jurisdiction over this agreement, then in such event either party hereto shall have the option to terminate this agreement as hereinabove provided. In addition, if the parties agree that the provision struck down by legal deoiaipnuVf any court having jurisdiction over this agreement will not materially effect the overall performance of the agreement, then i,n such event the parties can elect to perform the balance of this agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the day and year first above written. CITY OF LUBBOCK CTIC ASSOCIATES, INC. Bill McAlister,'Mayor Harold E. Horn, President ` ATTEST: ATTEST: Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: Bob Cass, Asst. City Manager APPROVED AS TO FORM: Attorney I 253 F� 183-42-253-445 Consider accepting work done for cleaning and painting 1.1 million gallon water stora, ( 33 ) Reso 1311, 1/27/83; Bid 7179) The original contract amount was $18,800 and Change Order #1 was $3,500 for a total contract price of $22,300.00. The amount due Three T Painting Co, the contractor, is $1,115.00. 83-42-253-446 Consider accepting work done for two bored tunnels across Idalou Hiway, and authorize ( 34 ) final payment (Reso. 1354, 3/31/83). The original amount of the contract was $18,308.40 and the final contract amount is $18,493.20. Holloway Brothers Construction Co. Is due $924.66. The motion was made by Councilman Brown, seconded by Councilwoman Baker to accept the above referenced projects and authorize final payment to the respective contractor. Motion carried: 4 Yeas; 0 Nays; McAlister absent. �83-42-253-447 Consider an amendment to Ordinance 6276 related to terms of office on the Human ( 35 ) Relations Commission. *Caption posted Ordinance No. 6276-A below Ord. 7855A The present ordinance prohibits appointees serving consecutive terms, which has not been enforced previously. The amended ordinance would delete this provision. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordln- ance 6276-A on first reading. Motion carried: 4 Yeas; 0 Nays; McAlister absent. 42-253-448 Consider an amendment to Ordinance 7855 to change the method _ of ( 36 ) selecting members of the Community Services Commission. I Ordinance No. 7855-A v The Texas Department of Community Affairs has ruled that It is the Council's discretion a to select members of the advisory board. The proposed amendment to the ordinance would retain the same broad representation consisting of fifteen members, five of which shall •rq o be public officials; five shall represent business, Industry, labor, religious groups oand welfare/educatlon/minorlty groups; five shall be representatives of the poor. a� Public officials: representatives shall hold an Indefinite term. a �4 Private agencies: the Council shall designated the agency and its repre- 4J senative. Ln •rq Representatives of the Poor: Each of the seven neighborhood organlza- Ln ;:1 I tlons within the five sectors may nominate two or more persons In u terested In serving on this Board, from which the Council may appoint one member from each organizatln. G d The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass o 00 Ordinance 7855-A on first reading. Motion carried: 4 Yeas; 0 Nays; McAlister absent. SMH:da ORDINANCE NO. 7855-A *Index number listed above 83-42-253-447 ( 35 ) tank. and autHbrI AN ORDINANCE AMENDING ORDINANCE NO. 7855 AND THE CODE OF ORDINANCES ARTICLE V, CHAPTER 2, SECTIONS 2-143 AND 2-144 BY PROVIDING THAT THE CITY COUNCIL SHALL APPOINT REPRESENTATIVES OF THE POOR AND REPRESENTATIVES OF PRIVATE GROUPS AND INTERESTS TO SERVE AS MEMBERS OF THE COMMUNITY SERVICES COMMISSION; TO DELETE THE NUMBER OF CONSECUTIVE YEARS AND NUMBER OF TOTAL YEARS THAT AN INDIVIDUAL REPRESENTATIVE FROM THESE GROUPS MAY SERVE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. SMH:da ORDINANCE NO. 6276A AN ORDINANCE AMENDING ORDINANCE NO. 6276 AND THE CODE OF ORDINANCES ARTICLE XII, CHAPTER 2, SECTION 2-309 BY DELETING REQUIREMENT THAT MEMBER OF HUMAN RELATIONS COMMISSION MAY SERVE ONLY ONE TERM WITHOUT YEAR ABSENCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 83-42-254-449 Consider Bid #7368 for trimDept.). ( 38 ) �_ Low bidder: Gm|d*a7fns of Texas ($5,495 ea; $21^980.00) ` 83-42-254-450 Consider Bidfor miscellaneousf If (warehouse f k ( 39 ) |fom | Western Industrial Supply, Lubbock ~ ($7,535.00) \fom 2 M. B. McKee, Lubbock (|,|3g.25) Items 3^ 5, ||, 12 The Rohan Co., Waco Items 4, 7-10 C&C Municipal Supply, Lubbock 83-42-254-451 Consider' Bid 7373 for refrigerated centrifuge and rofo (Health Dept). ( 40 ) Low bidder: Dumont Co., 07|m}ngfcm° DE <$5^486~00> \ 83-42-254-452 Consider Bid 7386 for sewer pipesUtilities). ( 41 ) / Low bidder: Can -Tex Industries, Inc., Mineral Wells, Tx ` <10,113^60> 82-42-254-453 ( 42 ) 81-42-25 4-454 ( 43 ) 83-42-254-45� ( 44 ) *Contract filed Consider Bid 7375 for miscellaneous electric Items (warehouse) Items | and 3 Nelson Electric Supply Co., Lubbock There was a f7e bid on these Items; Councilman Aderfon drew Nelson Electric. }fom 2, 5-8' 12 Westinghouse Electric Supp| . Items 4, ||, 12, 16, Temple, Inc., Lubbock and |7 Item 14 C. B. Anderson, Amarillo [_] Item 15 Fields & Cu~, Lubbock Consider Bid 7357 for drilling and blasting oo|loho (Street Dept.). Low bidder D. S. Kinsey, Lubbock Consider Bid #7349 for Northeast substation fence, and authorize some (Elec. Dist.). Resolution 1393 Low bidder: Cyclone Fence Co~, Lubbock DGV:cI 'RESOLUTION -No. 13931 BE ZZ 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 u Contract with Cyclone Fence Sales for a oo6etutiou fence, as per specification number SE0001-9-833183, Duraouut to Bid Number 7349, said contract to be entered into by and between said City as the prospective owner and Cyclone Fence Sales as the contractor for such cooatruct±on. The stated amount for such contract is $8,260.00, attached herewith which shall be spread upon the minutes of the Council and as spread upon the zuiontea 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 12L1-l� day of , 1083, Is/ Alan Henru ALAN HENRY, MAYOR PRO TEM Is/ Evelyn Gattga � Evelyn ~ ' City APPROVED AS TO CONTENT: R 255 F, 83-42-255-456 Consider Bid #7363 for Canyon Lake Road, and authorize same (Engineering) (CD Funds). ( 45 ) Resolution #1389 *Contract filed w/Orig. Reso. JCR:da Low bidder Kerr Construction, Hereford, Tx. RESOLUTION NO. 1389 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract between the City of Lubbock and Kerr Construction Company for the paving improvements to be constructed on Canyon Lake No. 6 South Road (CDWO 8018) in the City of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of May ,1983. /S/ Alan Henry ALAN HENRY, MAYOR PRO TEM ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer FWAW �• • /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: fS/ John C. Ross John C. Ross, Jr., City Attorney Purchasing Agent Gene Eads apprised the Council that all reflected bids are low bids and meet specifications, In addition to the tie bid as reflected. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve Bid 7368, Bid 7374, #7373, #7386, #7385 and to award the bid for Items I and 3 to Nelson Electric as drawn, to approve Bid 7357, to approve Bid 7349 and pass Resolution 1393 authorizing the contract related thereto, and to approve bid #7363 and to Pass Resolution 1389 authorizing the contract related thereto. Motion carried: 4 Yeas; 0 Nays; McAlister absent. 83-42-255-457 Continue public hearing on the proposed rate Increase requested by South Plains Electric ( 17 ) Co -Op. In accordance with Notice posted, continuance of the public hearing referenced above was opened at 11:00 A.M., as posted. Attorney for SPEC, Dale Johnson, Indicated that he would yield to the consultants retained by the City for their report; however, he apprised the Council that the SPEC folks had given 100% cooperation In the gathering of the data, and that they had seen the report briefly prior to the continuance of this hearing. Messrs. Bill Barnes and Jim Jensen of Peat, Marwick, Mlthceli & Co. submitted their report on the findings, a complete copy of which Is on file with the Resolution/Order. In summation, their recommendations are: (1) to approve the current rate schedule as submitted by SPEC, and (2) to adopt new and expanded procedures for rate application requests for rate changes inside the city limits. Mr. Johnsonts rebuttal to the second recommendation was the voluminous expense and work In additional record keeping if this recommendation Is Imposed upon SPEC, and request this recommendation not be considered. ACM Robert Massengale apprised the Council that the accuracy in evaluating requested rate increases would be enhanced by such data as recommended, allowing the Council to determine the difference In costs inside vs. outside residential customers. Following discussion and there being no opposition, the hearing was closed at 11:25 AM. 83-42-255-458 Consider Resolution and Order effectuating the proposed rate Increase as ( 18 ) requested by South Plains Electric Co -Op. e 256 J , CR/mck RESOLUTION NO 1390 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Order granting a rate increase to South Plains Electric Cooperative, Inc. attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of May , 1983. /s/ Alan Henry ALAN HENRY, MAY,-,R PRO TEM ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Robert Massegale Robert Massengale, Assistant City Manager Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney JCR: cl AN ORDER OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, SITTING AS A REGULATORY AUTHORITY UNDER VERNON'S ANN.CIV.STAT., ART. 1446c GRANTING A RATE INCREASE TO SOUTH PLAINS ELECTRIC COOPERATIVE, INC. AND REQUIRING REVISED TARIFFS TO BE FILED WITH THE CITY SECRETARY. WHEREAS, South Plains Electric Cooperative, Inc. did file with the City of Lubbock a statement of intent and application for a rate increase on November 11, 1982, and WHEREAS, the City has received no complaint from any customer or other affected person within forty-five (45) days after the notice of intent to increase rates by South Plains Electric Cooperative, Inc., and WHEREAS, the City Staff and consultants have examined the statement of intent and application filed by South Plains Electric Cooperative, Inc., and have found a limited cost differential between City of Lubbock customers and rural customers, such cost differential is determined to be insignificant, if South Plains Electric Cooperative, Inc., will begin paying an appropriate gross receipts tax and will render its property located within the City of Lubbock in accordance with its true value; and WHEREAS, representatives of South Plains Electric Cooperative, Inc. appeared before the City Council sitting as a Regulatory Authority and gave evidence of the just and reasonable effect of the rates requested, and WHEREAS, the Regulatory Authority, after considering all of the evidence before it finds that the rates requested by South Plains Electric Cooperative, Inc. are just and reasonable, and WHEREAS, the Public Utility Commission of the State of Texas in Docket No. 4822 has granted a similar request of South Plains Electric Cooperative, Inc. allowing rates to be increased in the service area of applicant outside of the City limits of the City of Lubbock, NOW THEREFORE: BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 1. That the Temporary Order heretofore entered in this matter on the 14th day of April, 1983, is hereby dissolved and of no further force or effect. 2. That South Plains Electric Cooperative, Inc. be and is hereby authorized to place into effect new rates for service within the City of Lubbock, Texas. 257 3. The new rates hereby authorized shall be identical to those rates authorized by the Public Utility Commission of Texas in its Order in Docket No. 4822. 4. That South Plains Electric Cooperative, Inc. shall file a revised tariff with the City Secretary to implement the rates authorized by this Order and the City Secretary shall endorse upon the face of such revised tariff the word approved and reference this Order. 5. That the revised tariffs hereby authorized shall be applied to consumption of electricity registered on customer meters as of May 20, 1983. ORDERED BY THE CITY COUNCIL on this 12TH day of May ,1983. 7 ;y��7 /s/ Alan Henr ALAN HENRY, MAYOR'PRO TEM ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager /s/ JOhn C. Ross, Jr. John C. Ross, Jr., City Attorney 83-42-257-459 Consider one appointment to the PLUMBING AND MECHANICAL BOARD. Category: Professional ( 46 ) Engineer. Garland A. Nystel, 3312 - 44th (13) - 799-5595 Fields & Co., 1610 - 5th (01) - 762-0241 Term: 05/12/83 - 12/31/84 83-42-257-460 Consider one appointment to the BOARD OF EXAMINERS AND APPEALS (BUILDING). The term of Pat Hobbs ( 47 ) 6/1/83 Michael Landress, 3606 - 30th (10) - 797-2189 BG&R, Architects, 2118 - 34th (10) - 747-3881 Term: 05/12-/83 - 6/1/87 83-42-257-461 Consider twelve appointments to the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE-- ( 48 ) six Sectors with two citizens each. Sector I: Jose Martinez, 2805 Baylor (03) - 744-8792 Otis Cooks, Jr., P.O.Box 1141 (08)- 762-8162 Sector 2: Curtis Gibson, 2412 E. 9th (04) - 762-4237/763-1914 Rose Wilson, 212 - 51st (04) - 763-1807 Sector 3: Mrs. Ruth Douglas, 1714 - 30th (10) 744-2053 Elmer W. Hester, 3006 - 25th (10) - 795/4677-799-3603 Sector 4: William B. Holmes, 3113 - 45th (13) 799-8389 JoAnn Schneider, 3301 - 43rd (13) - 799-6491 Sector 5: Beckey Peterson, 4409 -62nd (14) - 797-5696 Cathy Morton, 3712 - 69th (13) - 792-0540 Sector 6: Curtis Sterling, 4611 - 14th (16) - 795-3779/763-1951 Kay Woods, 5205 - 189th PI. (16) - 795-5640 Term: 5/12/83 - 5/31/85 I re 258 The motion was made by Councilwoman Baker, seconded by Councilman brown To approve Tne above referenced appointments. Motion carried: 4 Yeas; 0 Nays; McAlister absent. The Council recessed at 11:30 A. M. to complete matters in Executive Session, adjourning at 12:00 Noon by motion of Councilwoman Baker, seconded by Councilman Brown to adjourn. ATTEST: EVEL.YN GAFFGA City Secretary READ AND APPROVED THIS 26th DA ATTEST: City Secretary . 1983.