HomeMy WebLinkAboutMinutes - City Council - Regular - 12/15/1988795
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
MINUTES
DECEMBER 15, 1988
The City Council of the City of Lubbock, Texas met in regular session
on the 15th day of December, 1988 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman
T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Trejo,
Councilman Bill Maloy, Councilman George Carpenter, City Manager
Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 9:00 a.m.
1..] The Invocation was given by City Manager Larry J.
Cunningham.
The Pledge of Allegiance was given in unison by
those in the Council Chambers.
CITIZEN APPEARANCES
[ 4..) Board Appointments
8847B-795-714
5.] A re resentative for the Board of City
Development willappear to present a recommen-
dation concerning a Foreign Trade Zone Agreement
between the City of Lubbock and the Port of
Corpus Christi, and authorize same.
RESOLUTION #2975
WHEREAS, Section 2-421 of the Code of Ordinances of the City of
Lubbock requires approval of Board of City Development contracts by
the City Council of the City of Lubbock; and
WHEREAS, the Board of City Development desires to enter into a
Subzone Affiliation Agreement with the Port of Corpus Christi Author-
ity ❑f Nueces County to enable Lubbock businesses to apply for and
receive establishment as foreign trade subzones under the Foreign
Trade Zone Act of 1934, as amended; and
WHEREAS, the City Council of the City of Lubbock finds that
such agreement is within the authority and the objectives of the
Board of City Development; and
WHEREAS, the City Council of the City of Lubbock approves of
such agreement; NOW THEREFORE:
December 15, 1988
Page 796
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 the approval of the City of Lubbock of the Subzone
Affiliation Agreement by and between the Board of City Development
and the Port of Corpus Christi Authority of Nueces County, a copy of
which agreement is attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 15th day of December, 1988.
IsZ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zsl Bob Cass
Bob Cass, Deputy City Manager
APPROVED AS TO FORM:
LsL Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
AGREEMENT FILED WITH RESOLUTION #2975.
Laurin Prather, President of the BCD, presented a
recommendation that City Council authorize an
agreement between the City of Lubbock and the
Port of Corpus Christi concerning a Foreign Trade
Zone.
By staff memo Council was advised that in the
summer of 1986, the City received a $25,000
Technical Assistance Program Grant from the
Economic Development Administration (EDA) of the
U.S. Department of Commerce. The Grant was
awarded to commission a study on the feasibility
of locating a Foreign Trade Zone in the Lubbock
area and consequently in September,1986, the City
contracted with International Management Services
(IMS) of Houston to prepare this report.
The IMS study was based on the following
criteria: a) a survey of the level of interest
among area businesses for a Foreign Trade Zone;
bj a search for a possible location of the
Lubbock FTZ; c] an analysis of the potential
economic benefits of an FTZ in Lubbock; and dj an
examination of the functions of operating an FTZ
locally.
December 15, 1988
Page 797
While the survey results showed at best marginal
support for an FTZ, IMS recommended that Lubbock
could support a zone under certain conditions.
These conditions included an aggressive marketing
campaign to promote the zone and an additional
$100,000 in funding for IMS to prepare and submit
the federal application. In January of 1987, the
Council accepted the IM5 report and referred
future action regarding the Lubbock FTZ to the
Board of City Development (BCD).
In May of 1987, the Legislature authorized the
creation of a Lubbock Foreign Trade Zone, which
left only the federal application process
remaining for Lubbock to obtain an FTZ
designation.
During the course of the next several months, the
Industrial Attraction Committee of the BCD looked
at a number of options for the creation and
development of the Lubbock zone. In one of its
first actions, the committee decided that the BCD
would not spend $100,000 to enlist the services
of IMS to complete the federal application
process. Initially, the application procedure
was referred to the BCD staff. It was soon
discovered that the application would require six
months of full-time staff work for the BCD
Research Associate. It was also during this time
that the BCD looked into the costs of promoting a
foreign trade zone in the Lubbock area. The BCD
staff discovered that there were only a couple ❑f
local companies who were interested in utilizing
a zone and the costs of marketing and promoting a
zone would run in the hundreds of thousands of
dollars. Shortly thereafter, other projects
intervened and for approximately the next six
months, the trade zone proposal was shelved.
Last summer, during the course of weighing
alternatives for the FTZ project, the BCD staff
recommended as the most viable option for a
Lubbock FTZ, contracting with the Port of Corpus
Christi for Lubbock to serve as a subzone of its
Foreign Trade Zone. This arrangement saves the
City and the BCD hundreds of thousands of dollars
to fully implement and ❑perate a Foreign Trade
Zone, and cuts down on the time frame it would
take a Lubbock firm to receive designation at its
site. The Corpus Christi FTZ is able to
designate subzone status and their approval is
the only requirement to be met by a Lubbock firm
interested in receiving designation. Local firms
would file their application for a subzone with
the Corpus Christi FTZ, thus placing the
administrative burden on the interested company
and the Corpus Christi FTZ staff while, in
essence, Lubbock retains its ability to offer a
Foreign Trade Zone. Corpus Christi benefits by
expanding its operations and possibly uncovering
South Plains area clients for usage of its port
facility.
This agreement was approved by the BCD Board on
November 28, 1988.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Carpenter, to authorize Resolution
#2975 as recommended by Council. Motion carried:
7 Yeas; 0 Nays.
December 15, 1988
Page 798
88-47B-798-715
( 3.)
( 6.)
88-2E7B-79B-716
( 7 ., )
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker t❑ approve the Minutes of
the December 8, 1988 Regular City Council meeting
as corrected to reflect a "Nay" vote by
Councilman Phillips rather than by Councilman
Maloy on Regular Agenda Item #7 regarding terms
of office of members of the Board of City
Development. Motion carried: 7 Yeas; 0 Nays.
Mayor McMinn and Council presented service awards
and pins to 61 City of Lubbock employees who have
completed 20 years and above service with the
City of Lubbock in increments of 5 years, as well
as recognizing those individuals retiring from
the City of Lubbock during 1988.
ORDINANCE #9247--Zone Case #2621 located 3420
and 3422 21st Street) --Request of Jack Shirley_
(for Methodist Hospital) for zoning change from
R-1 to AM on Lots 12 and 13 Block 2 West Lawn
Addition.
ORDINANCE #9247
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 70B4 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2621; A ZONING CHANGE FROM R-1 TO AM ZONING ON LOTS 12
& 13, BLOCK 2, WEST LAWN ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
88-47B-798-717
( 8•)
Motion was made by Councilman Patterson, seconded
by Mayor Pr❑ Tem Baker to pass on second and
final reading Ordinance #9247. Motion carried: 7
Yeas; 0 Nays.
ORDINANCE #9246
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2622; ZONING CHANGES FROM AM AND AM SPECIFIC USE TO GO
ZONING ON LOTS 262-282, AND R-2 TO GO ON LOTS 220-261, GATEWOOD
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Mayor Pr❑ Tem Baker t❑ pass on second and
final reading Ordinance #9246. Motion carried: 7
Yeas; 0 Nays.
December 15, 1988
Page 799
88-47B-799-718
{ 9.)
ORDINANCE #9240
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A STORM WATER
STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION 11, BLOCK E-2,
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.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9240. Motion carried: 7
Yeas; 0 Nays.
88-47B-799-719
(10.) ORDINANCE #9241--Establishing two-way traffic on
15th Street and 15th Street between Avenue B and
Avenue 0.
ORDINANCE #9241_
AN ORDINANCE ESTABLISHING TWO-WAY TRAFFIC ON 15TH STREET FROM
ITS INTERSECTION WITH AVENUE B TO ITS INTERSECTION WITH AVENUE Q; AND
ESTABLISHING TWO-WAY TRAFFIC ON 15TH STREET FROM ITS INTERSECTION
WITH AVENUE B TO ITS INTERSECTION WITH AVENUE Q; PRESCRIBING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND EFFECTIVE DATE OF THIS
ORDINANCE,
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9241. Motion carried: 7
Yeas; 0 Nays.
88-47B-799-720
�11.} ORDINANCE #9242--Establisbing a 40 MPH speed
limit on 4th Street between University Avenue and
Brownfield Road.
ORDINANCE #9242
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF FOURTH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH
RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF
SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR
HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Lotion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9242. Motion carried: 7
Yeas; 0 Nays.
December 15, 1988
Page 800
88-47B-800-721
(12.)
ORDINANCE #9243
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF BROWNFIELD ROAD, AS HEREINAFTER MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS
WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT
OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR
HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND REPEALING ORDINANCE NO. 7483 OF THE CITY OF LUBBOCK.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9243. Motion carried: 7
Yeas; 0 Nays.
88-47B-800-722
(13.) ORDINANCE #9244--Establishing a 30 MPH s eed
limit ❑n 10th Street between Avenue Q and
University Avenue.
ORDINANCE #9244
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF 10TH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH
RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF
SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR
HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
88-47B-800-723
(14.)
Motion was made by Councilman Patterson, seconded
by Mayor Pr❑ Tem Baker to pass on second and
final reading Ordinance #9244. Motion carried: 7
Yeas; 0 Nays.
ORDINANCE #9245
AN ORDINANCE ADDING A NEW SECTION 6-85.9.1 TO THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, AMENDING SECTION 608(d) OF
THE 1988 UNIFORM PLUMBING CODE WITH REGARD TO HOME DISHWASHER
AIRGAPS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to pass ❑n second and
final reading Ordinance #9245. Motion carried: 7
Yeas; 0 Nays.
December 15, 1988
Page 801
88-47B-801-724
(15.} Consider Resolution #2976 accepting_ paving
improvements constructed by Kerr Construction
Company in The Meadows Addition, Lots 1345-143 .
RESOLUTION #2976
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AS
LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions
of City Ordinance 1331, the subdivider of the Meadows Addition, Lots
1345-1433, made arrangements with Kerr Construction Company for the
construction of paving improvements on certain streets dedicated in
said subdivision under the provisions of said Ordinance prior to the
recording of the subdivision plat of the above -mentioned Addition
including the following streets:
The South 1/2 of 95th Street from its intersection with the
East property line of Lot 729 to its intersection with a line
13 feet West of the West property line of Slide Road and
designated as New Subdivision Sub -Unit Number 5 of Unit Number
20314.
The North 15 feet of 98th Street from its intersection with a
line 3 feet West of the East property line of the Alley East of
Albany Avenue to its intersection with a line 578 feet East of
the East property line of the Alley East of Albany Avenue and
designated as New Subdivision Sub -Unit Number 7 of Unit Number
2031.
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the
City Engineer, and said improvements have been completed and have
been inspected and found to have been constructed in accordance with
City specifications and in accordance with the provisions of City
Ordinance 1331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL DF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets BE and the same are hereby accepted and the
City Engineer BE and he is hereby authorized to release prepaid money
in the amount of $14, 215.18.
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 15th day of December, 1988.
ATTEST:
/s/_ RanetteBoyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry D. Hertel, City Engineer
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
This is a routine acceptance of paving
improvements required at the time of platting
this subdivision with the exception of the fact
that the developer, Cary Johnson, was foreclosed
by Plains National Bank.
December 15, 1988
Page 802
88-47B-802-725
(16.)
At the time of foreclosure, Kerr Construction
Company had not been paid for any of their
construction which included everything except the
drainage channel. The City made a demand on the
bank on the letter of credit issued by Plains
National Bank as a bond for these improvements.
Upon refusal by the Bank to honor the letter of
credit, the City joined Kerr Construction in a
lawsuit that went all the way to the Texas
Supreme Court where a final judgement was made in
favor of the contractor, Kerr Construction, and
the City of Lubbock.
Kerr Construction received payment for the work
that had been done and the City received payment
for the work remaining to be done along with
interest and attorney's fees. Final payment is
now due Kerr Construction in the amount of
$14,215.18, from funds available as a result of
the lawsuit judgement. Staff recommended
approval.
Motion was made by Councilman Carpenter, seconded
by Councilwoman Trejo to authorize Resolution
#2976 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Consider Resolution #2977 accepting sidewalks
constructed by Ford Construction Corporation on
the 1987 South Overton Sidewalk Improvements
Project.
RESOLUTION #2977
RESOLUTION ACCEPTING 1987 SOUTH OVERTON SIDEWALK IMPROVEMENTS
AS LISTED BELOW:
WHEREAS, the City of Lubbock heretofore entered into Contract
with Ford Construction Corporation for the making of sidewalk
improvements on portions of streets and/or avenues in said City
including among other the following:
Sidewalk improvements in South Overton Addition between
Avenues "T" and "X" and 14th and 19th Streets.
WHEREAS, the construction of the above improvements in the
above -mentioned addition was performed under the supervision of the
Cite Engineer, and said improvements have been completed and have
been inspected and found to have been constructed in accordance with
terms of said Contract, Project No. 597610; NOW THEREFORE:
BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the sidewalk improvements in said portion of
Sough Overton Addition BE and the same are hereby accepted and the
City Engineer BE and he is hereby authorized to direct the final
payment to the contractor in the amount of $20,912.08.
December 15, 1988
Page 803
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 15th day of December, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Larry Hertel
Larry D. Hertel, City Engineer
8847B-803-726
(17.)
Is/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
This is a routine acceptance of concrete
sidewalks, alley returns, and driveway approaches
in the south portion of the Overton Addition.
The original contract was in the amount of
$45,972.56 and Change Order No. 1 reduced this
amount to $40,198.01 by deleting sidewalks on the
east and west sides of the Carroll Thompson
School Tract, making the final cost $44,096.89.
Final payment is now due to the contractor in the
amount of $20,912.08, and Staff recommended
approval.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#2977 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
RESOLUTION #2978
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 the title sheet for the plans for Interstate Highway 27
construction from 4th Street to Spur 326 in the City of Lubbock as
prepared by the Texas State Department of Highways and Public
Transportation, said execution by the Mayor of the City of Lubbock
being requested by said State department by letter dated December 6,
1988.
December 15, 1988
Page 804
Passed by the City Council this 15th day of December 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel_
Larry D. Hertel, City Engineer
s B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
This item for IH 27 construction plan approval is
at the request of the Highway Department. The
State expects to receive bids in March of 1989
with the estimated construction cost of this
project to be $29 million, and Staff recommended
approval.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#2978 as recommended by Staff. Motion carried:
Yeas; 0 Nays.
88-47B-804-727
(18.) Consider approval of a change to the Slide Road.
Development Plan for the cul-de-sac location east
of Slide Road on 55th Street.
During the November, 1988 Planning and Zoning
Commission meeting, the Commission approved an
alternate design of the cul-DE-sac east of 55th
Street and Slide Road under the Slide Road
Development Plan. The proponent has negotiated
the alternative with all the parties involved,
and is capable of recording the re -plat which
will finalize the change.
Council authorized the Slide Road Development
Plan by Resolution. The amended cul-de-sac
represents a slight change in concept as it
includes the remnants of an R-1 lot on the
commercial side of the fence. The proponent has
requested Zoning Board of Adjustment approval on
the R-1 property. By requesting a conditional
use for parking versus rezoning the property, the
original intent for zoning the west four lots for
commercial adjacent to Slide Road remains intact.
The Amendment provides for better development of
the commercial tracts and eliminates what would
have been a minimal standard residential lot east
of the wall and new alley.
The Planning and Zoning Commission, Planning
Staff and owner of Lot 24 requested approval.
Motion was made by Councilman Maloy, seconded by
Mayor Pro Tem Baker to approve change to Slide
Road Development Plan for cul-DE-sac location
east of Slide Road on 55th Street. Motion
carried: 7 Yeas; 0 Nays.
December 15, 1988
Page 805
88-47B-805-728
(19.)
way.
RESOLUTION #2979
RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs and welfare demand and create a
public necessity for the operation, improvement, expansion,
extension, construction, reconstruction, repair and maintenance of
electrical transmission and distribution lines, poles, braces and guy
wires and necessary apparatus and appliances in connection therewith
necessary to the proper operation of the public electrical utility
system owned and operated by the City of Lubbock, Texas, which re-
quires the acquisition of title in said City to an easement for such
public municipal purposes, together with rights of ingress, egress
and regress in said City to accomplish such purposes; NOW THEREFORE:
BE :IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT title in the City of Lubbock, Texas, to an
easement in, upon, over, along, and across the hereinafter described
real estate located in the City of Lubbock, Lubbock County, Texas, be
acquired for public purposes and municipal purposes to set forth in
the preamble, to -wit:
A 10 foot wide Construction and Overhead Electrical Utility
Easement out of Section 37, Block AK, Lubbock, Lubbock County,
Texas, being further described as follows:
BEGINNING at a point which bears East approximately 125.60
feet and S. 00*02' W. a distance of approximately 2678 feet
from the Northwest corner of Section 37, Block AK. Same point
also lies West a distance of 44.00 feet from the center line
(proposed) of Milwaukee Avenue and on the most Southeasterly
corner of existing 10 foot Overhead Utility Easement previously
granted in Volume 2559, Pages 55 & 55.
THENCE S. 00*02' West parallel to and approximately 125.60 feet
East of the West Section line of Section 37, Block AK, a
distance of approximately 413.15 feet to a point on the North
R.O.W. line of P&SF R.R. - Lehman Switch;
THENCE N. 72*08' West along the North R.O.W. line of P&SF R.R.
- Lehman Switch, a distance of approximately 10.50 feet to a
point;
THENCE N. 00002' East, a distance of approximately 409.93 feet
to a point on the most Southwesterly corner of existing 10 foot
Overhead Utility Easement previously granted in Volume 2669,
Pages 55 & 56.
THENCE East, a distance of 10.00 feet to the POINT OF
BEGINNING.
December 15, 1988
Page 806
SECTION 2. THAT The owner of said land, being H. Kyle Seale,
Trustee, BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $1,660.00, which is the amount appraised as
the value and total damages for the acquisition of title to an
easement in said City as hereinabove described for the purposes
herein stated, for the use and benefit of the City of Lubbock,
located in Lubbock County, Texas, and unless accepted forthwith, the
City Attorney of said City of Lubbock is hereby authorized and
instructed to institute condemnation (eminent domain) proceedings to
acquire the Easement title to said land as hereinabove described for
public purposes and municipal purposes.
Passed by the City Council this 15th day of December, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL Ed Bucv
Ed Bucy, Right -of -Way Agent
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
This 10' Easement for LP&L runs south appro-
ximately 410' from 43rd Street and Milwaukee
Avenue to the north edge of the Santa Fe -Lehman
Switch Tract, southwest of Park Lorraine Addition
and west of the proposed Santa Fe Park Addition,
containing a total of .074 acres. The City of
Lubbock's offer to H. Kyle Seale, Trustee, is
$1,660.
Mr. Seale had agreed to this price but wanted
reimbursement for the damage caused by this
Easement location. This east property line lies
in the middle of the future Milwaukee Avenue.
Milwaukee Avenue is planned to be a width of
110'; 55' of this width to come from Mr. Seale's
property and 55' from the property owner to the
east. The property from this Easement as well as
the Easement acquired by the City in 1987, is
still being used as farmland and the 45' strip of
land east of the 10' Easement area has become
hard to farm due to the right-of-way poles acting
as a barrier, creating a loss of acreage by Mr.
Seale. Mr. Seale feels that $1,000 in damages is
justifiable and after inspection of the property,
Staff agreed with this damage amount.
The new Easement connects with an Easement
previously from H.A. Sessions and provides a
north -south tie from the McDonald station. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution
#2979 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
December 15, 1988
Page 807
88-47B-807-729
(20.)
OR INANCE #9248
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 55TH STREET AS
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.
88-47B-807-730
(21.,)
These portions of 55th Street and the cul-de-sac
area to be closed are located approximately 175'
east of Slide Road and the proponent is John
Abney. Total area of the three portions to be
closed is 4,933.3 square feet. The $150 closure
application fee has been paid and Staff recom-
mended approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to pass on first reading
Ordinance #9248 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
RESOLUTION #2980
RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs, safety and welfare demand and create
a public necessity for the acquisition of additional land for
municipal public uses and purposes, to -wit: for the widening of
University Avenue, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes to
proceed with the acquisition of lands as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract of land located in Lubbock County, Texas, be acquired
for public purposes and municipal purposes as set forth in the
preamble hereof, to -wit:
METES AND BOUNDS DESCRIPTION OF A PART OF LOT ONE (1),
AGEE-PHARR ADDITION to the City of Lubbock, Lubbock
County, Texas, according to the Map, Plat or Dedication
Deed thereof recorded in Volume 1000, Page 157 of the
Deed Records of Lubbock County, Texas, more particularly
described as follows:
BEGINNING at a point being the Northwest corner of Lot 1,
Agee -Pharr Addition to the City of Lubbock, said point
being North 87134'57.4" West a distance of 355.6 feet
from the Northeast corner of said Lot 1;
THENCE South 87134'57.4" East, along the North line of
said Lot 1, a distance of 2.78 feet;
December 15, 1988
Page 808
THENCE South 31,1316.4" West, a distance of 185.02 feet to
a point being on the West line of said Lot 1;
THENCE North 2J21'32.5" East, along the West line of said
Lot 1, a distance of 185.00 feet to the POINT OF
8EGINNING.
SECTION 2. THAT the owners of said tract, including
Commonwealth Partners (81C), a Washington Limited Partnership, BE
offered through the Right -of -Way Department of the City of Lubbock
the amount of $3,850.00, which is the amount appraised as the value
and total damages for the fee simple title and acquisition of said
real estate hereinabove described, for the use and benefit of the
City of Lubbock, Texas, for the purposes herein stated, and unless
accepted forthwith, the City Attorney of said City of Lubbock is
hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire the fee simple title to said land as
hereinabove described for public purposes and municipal purposes.
Passed by the City Council this 15th day of December, 1988.
ATTEOI
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
88-47B-808-731
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ J. Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
Passage of Resolution #2980 authorized the Right -
Of -Way Department to make an offer of $3,850 for
a parcel of land along the west side of Lot 1,
Agee Pharr Addition, needed to construct a
northbound right-hand turn lane at 50th Street
and University.
Merle Blosser estimated the cost of a full
appraisal of this property at $4,500. The Right -
of -Way Department stated that this was an
acceptable offer, and Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2980 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
(22.) Consider Resolution #2981 authorizing the Mayor
to sign Contract with Fair -Play Scoreboards for
new scoreboard in Municioal Coliseum
RESOLUTION #2981
December 15, 1988
Page 809
RESOLUTION
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 by and between the City of Lubbock and Fair -Play
Scoreboards, a division of Fairtron Corporation, for a scoreboard
system and related equipment, attached herewith, which shall he
spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and he a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 15th day of December, 1988.
ATTEST:
LSL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/S/ Rita P. Harmon
Rita Harmon, Assistant City Manager
for Public Safety and Services
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
IsI B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
IsI Harold Willard
Harold Willard, Assistant
City Attorney
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT BETWEEN FAIR -PLAY SCOREBOARDS, a division of
Fairtron Corporation, hereinafter referred to as "FAIR -PLAY", and the
CITY OF LUBBOCK, a Home Rule Municipal Corporation of the State of
Texas, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, FAIR -PLAY manufactures scoreboard systems and related
equipment; and
WHEREAS, CITY desires to have installed in its Municipal
Coliseum sports facility a scoreboard system and related equipment
hereinafter referred to as "Scoreboard;" and
WHEREAS, FAIR -PLAY is willing to construct, install and
maintain at its own expense and convey to the CITY a Scoreboard as
hereinafter described in consideration for the privilege of selling
rights to display advertising thereon from time to time as
hereinafter described, and CITY is willing to provide space in said
sports facility for installation of such Scoreboard as well as all
electrical power and conduit necessary for proper operation of said
Scoreboard together with all steel structures and other facilities
necessary for proper installation and operation of same;
NOW, THEREFORE, for the consideration above described, and the
further consideration of the mutual promises, covenants and
conditions more particularly hereinafter stated, FAIR -PLAY hereby
conveys to CITY, the Scoreboard more particularly described in
Exhibit "A", attached hereto and made a part hereof.
December 15, 1988
Page 810
The parties hereto further agree as follows:
1. FAIR -PLAY TO INSTALL SCOREBOARD. FAIR -PLAY shall at its own
expense construct and install said Scoreboard in said sports facility
as directed by CITY. Said Scoreboard shall meet the specifications
set forth in Exhibit "B", attached hereto and by reference made a
part hereof as though copied herein in detail. Following
installation, FAIR -PLAY shall at its sole expense, upon installation
and from time to time thereafter as necessary train and instruct CITY
personnel to operate the Scoreboard.
2. CITY TO PROVIDE NECESSARY SPACE FOR INSTALLATION AND OPERATION OF
SYSTEM. CITY at its own expense shall provide an electric hoist
necessary to operate the Scoreboard. The CITY shall also provide a
room approximately 8'x 8' for installation of computer hardware
necessary to operate said Scoreboard.
3. WARRANTY AND MAINTENANCE. FAIR -PLAY warrants that the Scoreboard
will conform to the description and specifications contained in
Exhibits "A" and "B". FAIR -PLAY further warrants that at no cost to
CITY, FAIR -PLAY will supply CITY with an adequate inventory of all
component parts necessary to keep the Scoreboard operational and
repair or replace any defective component parts as needed without
delay for a period of ten (10) years from the date of installation
and acceptance of the Scoreboard by CITY. In addition, FAIR -PLAY
shall train CITY personnel to perform routine maintenance on the
Scoreboard and remove and replace such component parts. FAIR -PLAY
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL WARRANTIES
IMPLIED BY LAW, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES
OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE
EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
9=911tog WI'i140.191w.1rl41:1a0.107 11F.1111'1NA' I&I IiLOT&IM1I111019*
A. CITY grants to FAIR -PLAY the exclusive right, for a period
of ninety (90) days from the date of execution of this Agreement, to
obtain necessary advertisers for said Scoreboard.
B. CITY grants to FAIR -PLAY the right to make arrangements
with the advertisers with respect to the dates and times for the
display of advertising copy and the frequency of display on the
Scoreboard; provided that all such advertising agreements executed by
FAIR -PLAY and its advertisers and all advertising copy to appear on
the Scoreboard shall first be submitted to the Director or his
designated agent for the Auditorium -Coliseum for his written
approval, which approval shall not be unreasonably withheld or
delayed. FAIR -PLAY shall not submit any advertiser or advertising
cope to appear on the Scoreboard which may now or hereafter be
competitive with any board, commission or department of the CITY.
C. In the event FAIR -PLAY fails to obtain advertisers as set
forth in paragraph A of Section 4 above within the period set forth
therein, CITY at its option may either extend this Agreement for an
addiitional thirty (30) days or terminate this Agreement. In the
event FAIR -PLAY obtains advertisers as set forth in this Agreement,
and the Director of the Auditorium -Coliseum has expressly approved
said advertising agreements and the advertising copy for the
Scoreboard, FAIR -PLAY shall have the sole and exclusive right to
utilize said Scoreboard for advertising and to retain all revenues
received therefrom for a period of ten (10) years. FAIR -PLAY shall
also have the right during this ten-year period to replace any
advertiser in default of its agreement with FAIR -PLAY, subject to the
conditions contained in this paragraph. Said ten-year period shall
commence upon the effective date of the installation and acceptance
of the Scoreboard.
December 15, 1988
Page 811
D. Both FAIR -PLAY and CITY agree to abide by and fully and
faithfully perform and observe each of the conditions set forth below
during the term of this Agreement and during the term of any
advertising agreement entered into by FAIR -PLAY and any of its
advertisers, provided such agreements are approved by the CITY as
provided herein and do not exceed or extend beyond the term of this
Agreement.
1. The Scoreboard shall be the exclusive fixed or
stationary advertising in the arena area, except for temporary
messages advertising future events or advertising permitted in
accordance with subparagraph 2 below.
2. No advertising directly competitive with the
advertisers shall be permitted in the primary areas of the
premises where the advertisers' messages are intended to be
viewed except for the following:
(a) The permitting or selling of advertising, or
the sharing in the proceeds thereof, on closed circuit
television within the sports facility by CITY.
(b) Advertising by the Coliseum Concessionaire of
its products and merchandise at its various concession
stands and through its sellers in the stands of the
sports facility during events.
(c) The display during an event of banners,
placards, signs or other displays, temporary in nature,
erected by an event sponsor, promoter or participant,
even though such display may constitute advertising.
(d) The display by CITY or CITY'S Civic Center
Board of its own advertising intended or designed to
promote the use of the Auditorium -Coliseum, whether on
the Scoreboard or other locations in, on or around the
sports facility.
3. Advertising on the Scoreboard shall be displayed at
ail events deemed appropriate in the reasonable discretion of
the Director of the Municipal Auditorium -Coliseum.
4. Subject to approval by the Director of the
Auditorium -Coliseum, advertisers may change the content of
their advertising on the Scoreboard at all reasonable times.
For this purpose, advertisers will be granted full free and
unhampered access to the Scoreboard, subject to the supervision
of the CITY.
5. FAIR -PLAY agrees to hold and save CITY, its agents,
officers and employees harmless from and against all actions,
claims, demands, losses and expense of any kind or nature which
CITY, its agents, officers and employees may incur or sustain
by reason of any claim, demand, investigation, or litigation
resulting from messages displayed or requested to be displayed
on the Scoreboard by FAIR -PLAY or any of its advertisers,
including but not limited to claims, demands or litigation
alleging that the messages are defamatory, constitute an
illegal competition or trade practice, contain infringement of
trademarks or tradenames, or constitute a violation of rights
of privacy or infringement of copyrights or proprietary rights,
as well as any loss or damage which CITY may sustain due to
failure of the Scoreboard to operate properly at any time
during the ten-year term of this Agreement. This provision
shall survive cancellation or termination of this Agreement.
5. DELIVERY AND INSTALLATION. FAIR -PLAY will deliver and install
and have the Scoreboard ready for operation within sixty (60) days of
acceptance of all advertising contracts executed in accordance with
paragraph A of Section 4.
December 15, 1988
Page 812
6. It is further agreed and hereby stipulated by the parties hereto
as a covenant and condition for the continued permission and right to
sell Scoreboard advertising granted to FAIR -PLAY in Section 4 hereof
that FAIR -PLAY, its successors and assigns at their own expense and
cost shall fully and faithfully train CITY personnel and provide CITY
with all component parts necessary for proper maintenance of the
Scoreboard in accordance with Section 3 of this Agreement, and upon
failure to d❑ the same, any and all obligations herein assumed and
agreed to by CITY shall terminate and title to said Scoreboard shall
remain in CITY without further obligation on the part of CITY.
7. TITLE. Immediately upon installation of the Scoreboard and
acceptance by CITY, title to said Scoreboard will be vested in and
remain with CITY, and CITY shall assume the risk of loss or damage
and shall be solely responsible for such loss or damage and all
taxes, insurance, license fees and other applicable charges against
the Scoreboard.
8. NOTICES. Notices required or permitted hereunder shall be duly
given if sent by certified mail addressed, if to CITY, to: the City
Manager of the City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457;
and if to FAIR -PLAY, to: Fair -Play Scoreboards, Fairtron
Corporation, 1700 Delaware Avenue, Des Moines, Iowa 50317, or to such
other address as either party may hereafter specify in writing.
EXECUTED by the respective parties hereto acting by and through
their duly authorized officers, this the 15th day of December, 1988,
in duplicate, either copy of which shall be considered the original
hereof.
CITY OF LUBBOCK FAIRTRON CORPORATION
FAIR -PLAY SCOREBOARDS
By: /s/ B. C. McMinn
13. C. McMinn, MAYOR
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL Rita P. Harmon
Rita Harmon, Assistant City
Manager for Public Safety and
Services
APPROVED AS TO FORM:
LsL Dennis W. McGill
Dennis W. McGill, Assistant
Civil Trial Attorney
By: /s/ Steve Williams
Secretary
ATTEST:
/s/ Bethene Ingle
At the September 8, 1988, City Council meeting,
approval was given for installation of a new
scoreboard at Municipal Coliseum.
December 15, 1988
Page 813
Mr. Charley Pope, Chairman of the Civic Centers
Board, presented Council with a proposal for the
City to enter into a contract with Fairtron
Corporation (Fair -Play Scoreboards), represented
by The Winning Edge, to provide a new "State of
the Art" scoreboard system to replace the eleven -
year -old board. The cost of the proposed score-
board system would be $450,000, and the Contract
authorizes The Winning Edge to obtain ten year
advertising agreements with sponsors to cover the
complete cost of the new system.
The Agreement with Fair -Play Scoreboards
specifies that:
1. Fair -Play will construct and install
the scoreboard at their expense under
the direction of the City of Lubbock.
2. The City of Lubbock will provide an
electric hoist to operate the system as
well as an 8' X 8' room for computer
hardware necessary to operate the
system.
3. Fair -Play will train City personnel and
others to operate and perform routine
maintenance on the board.
4. Fair -Play will provide, at their
expense, the City with the component
parts necessary to repair and replace
defective parts for a period of ten
years.
5. The City grants Fair -Play the right to
sell exclusive advertising rights for
ten years to the scoreboard. All
advertising copy must be approved by
the City.
6. The agreement allows Fair -Play ninety
days to obtain sponsors. This period
can be extended for up to thirty days.
Staff finds this Contract to be satisfactory,
providing for the necessary warranties,
maintenance, and protection required by the City
of Lubbock. The City will receive title to the
system immediately upon installation and
acceptance and has final approval on all proposed
sponsors and all advertising content.
Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#2981 as recommended by Staff, stipulating the
addition of Paragraph 9 to read as follows:
"9 Notwithstanding anything contained in
this agreement, any advertising concerning
alcoholic beverages must be approved in
advance by the City Council."
Motion carried: 7 Yeas; 0 Nays.
December 15, 1988
Page 814
88-47B-814-732
(23.)
Narcotics Task Force.
RESOLUTION 02982
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a grant application filed by the City of Lubbock to assist
South Plains Regional Narcotics Task Force to continue a regional
effort to enhance local law enforcement capabilities in curbing
narcotics trafficking in a 15 county region of the South Plains,
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 15th day of December, 1988.
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsLThomas J. Nichols
Thomas J. Nichols
Chief of Police
IsI B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Is/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Application for this grant is in conjunction with
the Governor's Anti -Drug Abuse Program. The 52
law enforcement agencies represented in the South
Plains region cover some 13,000 square miles and
are responsible to approximately 376,000 people
located in 15 counties. The citizens of this 15
county region, including the City of Lubbock,
will benefit from this program by identifying
transient narcotic dealers and coordinating
efforts to monitor their activities.
Four Lubbock police officers will be responsible
for gathering, evaluating, analyzing, and
disseminating intelligence information on
narcotic trafficking within this. Further, they
will maintain an effective communication network
with local jurisdictions concerning criminal
violator activity and work closely with the Drug
Enforcement Administration, Department of Public
Safety, for an efficient violator apprehension
program.
Awards for this grant have tentatively are set
for March 1, 1989, and the total request is
$168,747, of which $5,000 will be contributed by
the City of Lubbock.
December 15, 1988
Page 815
88-47B-815-733
(24.1)
To assure compliance with the requirements of the
program, each participating agency must sign an
Interlocal Agreement with the City of Lubbock.
Staff recommended approval.
In work session Council was advised by Staff that
the amount of the request had changed from
$168,747 to $176,281 due to a change in
guidelines sent to us after the deadline to
submit the application.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker passing Resolution #2982
to authorize the City Manager to approve the
grant application as set out above, as recom-
mended by Staff. Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #2983
RESOLUTION
WHEREAS, the City Council of the City of Lubbock deems it to be
in the best interest of the citizens of the City of Lubbock and the
South Plains region to continue to participate in the South Plains
Regional Narcotics Task Force with other area cities, towns, counties
and law enforcement agencies; and
WHEREAS, it is believed that said Task Force will be beneficial
in the coordination and control of narcotics related crime in the
South Plains Region; and
WHEREAS, a revised form agreement has been drafted and approved
by the Director of the Criminal Justice Division of the Governor's
Office; NOW THEREFORE:
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock, Texas, hereby
authorizes and directs the Mayor of the City of Lubbock to sign any
and all South Plains Regional Narcotic Task Force Agreements which
are forwarded to the City of Lubbock by South Plains cities, towns,
counties and law enforcement agencies desiring to participate in the
South Plains Regional Narcotics Task Force. A copy of the revised
form Agreement is attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
December 15, 1988
Page 816
Passed by the City Council this 15th day of December, 1988.
jsj 8. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isj Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s Thomas J. Nichols Is/ Donald G. Vandiver
Thomas J. Nichols, Chief of Police Donald G. Vandiver, First
Assistant City Attorney
On March 24, 1988, Mayor McMinn was authorized by
Resolution 2792 to sign any and all South Plains
Regional Narcotics Task Force Agreements
forwarded by South Plains cities, towns,
counties, and law enforcement agencies desiring
to participate in the Task Force. The Agreements
were required as a condition of the grant which
funded the Task Force, a unit of four Lubbock
police officers to work in cooperation with other
law enforcement agencies within the South Plains
Association of Governments' 14 county service
area, the focus of this cooperation being
narcotics trafficking on the South Plains.
Continued grant funding also includes these
Agreements as a special condition; however, at
the request of the Director of the Texas
Narcotics Control Program, the Agreements have
been revised. The revised Agreements allow the
Task Force to respond to requests that are deemed
necessary and appropriate to meet the objectives
of the Task Force grant and will further the
spirit of cooperation between the law enforcement
agencies.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2983 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
88-47B-816-734
(25.) Consider an Engineering Service Contract for
Waste Water Storage Facility and authorize the
Mayor to execute the -required documents.
RESOLUTION #2984
RESOLUTION
BE LT 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 by and between the City of Lubbock and Black &
Veatch Engineers -Architects for engineering services, 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
part of this Resolution as if fully copied herein in detail.
December 15, 1988
Page 817
Passed by the City Council this 15th day of December, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ZsZ Sam Wahl s Donald G. Vandiver
Sam Wahl, Director of Donald G. Vandiver, First
Water Utilities Assistant City Attorney
AGREEMENT FILED WITH RESOLUTION #2984.
Following Council's previous approval of Black &
Veatch Engineers to perform engineering services
for the Waste Water Storage Reservoir, a Contract
has been negotiated. Staff plans to begin
preliminary engineering including site
investigation work as soon as possible, then
continue into final design and construction after
the Texas Water Commission determines the actual
size requirements of the reservoir during its
review and approval of the City of Lubbock's per-
mit application.
The Agreement proposes work in three distinct
phases and work under any particular phase will
not proceed until the City has authorized the
Engineer in writing to proceed.
Phase I - Predesign Study and Report: Engineer'
s review of existing facilities and collect
current available data; obtaining services of
subcontractors to perform geotechnical services
and aerial surveys; evaluating groundwater data;
preparing draft reports giving consideration to
reservoir location and layout alternatives,
earthwork options, liner alternatives, and pump
station and piping alternatives; developing
probable construction costs and construction
schedules. Phase I compensation will be on a
cost plus, not to exceed without authorization
basis as follows:
Black & Veatch $41,500
Geotechnical and Aerial/Survey Subs 37,000
(Based on current envisioned scope
of work)
Phase I Maximum Billing Limit $78,500
December 15, 1988
Page 818
Phase II - Final Design, Construction Drawings
and S ecifications Bid and Pre -construction
Services: During this phase the Engineer will
develop the actual detailed construction drawings
and specifications which meet not only the
specific needs of the City, but also all
requirements of the Texas Water Commission. Upon
completion of the drawings and specifications,
the Engineer will develop revised estimated
construction costs and schedules, and assist the
City in soliciting and receiving qualified bids
for the work. Compensation will be on a cost
plus, not to exceed without authorization basis
as follows:
Black & Veatch $171,500
Phase II Maximum Billing Limit $171,500
Phase III - Construction Phase Services: This
phase includes periodic visits to the site during
construction, observing field tests of equipment,
conducting substantial completion and final
inspections, interpret construction documents,
and recommend final payment when appropriate.
Phase III compensation will be on a cost plus,
not to exceed without authorization basis as
follows:
Black & Veatch 8$ 8,600
Phase III Maximum Billing Limit $88,600
SupOemental Services: All work requested by the
City that is not included in one of the above
three phases will be classified as supplemental
services. Such services may include Engineer's
attendance at public hearings or before special
boards (other than City Council) value engi-
neering services, additional geotechnical or
aerial/ survey services beyond those envisioned
under the present scope of work, archaeological
surveys, etc. For supplemental services, an
hourly fee for Engineer's personnel times a
multiplier for overhead and profit will be
established and approved by the City before work
is started, and the amount billed for such work
will not exceed the amount established without
further authorization.
The Engineering Services and compensation for
same were considered by Staff to be reasonable
and generally acceptable for a project of this
size, magnitude of potential liabilities, and
complexity of construction and operations, and
approval was recommended.
Motion was made by Councilman Phillips, seconded
by Councilman Maloy to authorize Resolution #2984
as recommended by Staff. Motion carried: 7 Yeas;
0 Nays.
December 15, 1988
Page 819
88-47B-819-735
(26.) Consider Resolution #2985 accepting water and
sewer improvements in West View Addition Lots
25-62.
RESOLUTION #2985
RESOLUTION
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
LOTS 25 THROUGH 62, WEST VIEW ADDITION, LUBBOCK, LUBBOCK COUNTY,
TEXAS.
WHEREAS, the developer of Lots 25 through 62, West View
Addition have complied with the provision of Chapter 28, Article IV
of the Code of Ordinances, City of Lubbock, by providing the water
and sewer improvements for said Addition in accordance with paragraph
156 of said Chapter 2B; and
WHEREAS, the total utility cost to the developer is $28,908.96
with the improvements constructed by Craft Construction Corporation
having a value of $19,899.30 as determined by the unit prices
established by said Chapter 28, and $9,009.66 cash paid to the City,
with Craft, Elliott and Field, the developer to receive a refund of
$7,327.92 in accordance with Chapter 28 of the Code of Ordinances,
City of Lubbock and a refund of deposit in the amount of $0.00; and
WHEREAS, the construction of the said water and sewer
improvements was performed under the supervision of the Water
Utilities Engineer and completed in accordance with the City of
Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements BE and the same are hereby
accepted as an integral part of the water and sewer system of the
City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $7,327.92
be made in accordance with said Chapter 28 (1/7 cost of adjacent
lines).
SECTION 3. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 15th day of December, 1988.
ATTEST:
ZsL Ranette_Ba_Yd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Wilford Watson
Wilford D. Watson, Chief Water
Utilities Engineer
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
js/ J. Worth Fullingim
J, Worth Fullingim, Assistant
City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations, total cost of the
facilities being $28,908.96. A refund is due the
developer in the amount of $7,327.92 in
accordance with the Pro-rata Ordinance.
December 15, 1988
Page 820
88-47B-820-736
(27.)
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to authorize Resolution
#2985 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Consider Resolution #2985 accenting water and
sewer improvements in Stonegate Addition, Lots
309-366.
RESOLUTION #29B6
RESOLUTION
RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR
LOTS 309 THROUGH 366, STONEGATE ADDITION, LUBBOCK, LUBBOCK COUNTY,
TEXAS.
WHEREAS, the developer of Lots 309 through 366, Stonegate
Addition have complied with the provision of Chapter 2B, Article IV
of the Code of Ordinances, City of Lubbock, by providing the water
and sewer improvements for said Addition in accordance with paragraph
156 of said Chapter 28; and
WHEREAS, the total utility cost to the developer is $37,626.31
with the improvements constructed by Panhandle Construction, Inc.
having a value of $9,233.42 as determined by the unit prices
established by said Chapter 28, and $28,718.22 cash paid to the City,
with Rothwell Realtors, the developer to receive no refund in
accordance with Chapter 28 of the Code of Ordinances, City of Lubbock
and a refund of deposit in the amount of $325.33; and
WHEREAS, the construction of the said water and sewer
improvements was performed under the supervision of the Water
Utilities Engineer and completed in accordance with the City of
Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements BE and the same are hereby
accepted as an integral part of the water and sewer system of the
City of Lubbock.
SECTION 2. THAT a refund of deposit be made in the amount of
$325.33.
SECTION 3. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 15th day of December, 1988.
ATTEST:
Lsj' Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Wilford D. Watson
Wilford D. Watson, Chief Water
Utilities Engineer
/s1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
December 15, 1988
Page 821
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
subdivision regulations with a total cost of
37,626.31. There is no refund of facility cost;
however there is a refund of deposit in the
amount of $325.33.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to authorize Resolution
#2986 as recommended by Staff. Motion carried: 7
Yeas; D Nays.
88-47B-821-737
(28.) Consider accepting the improvements furnished
under a Contract for a 24" Water Distribution
Main and authorize final Rayment to the
contractor.
This project provided an extension of a 24-inch
distribution main in 73rd Street from Genoa
Avenue to Homestead Avenue. The developer paid
the equivalent of a 12-inch main as his portion
of this project ($10,348.25). The contract
amount was $26,200 and the final amount was
$26,390 and Staff recommended acceptance and
authorization of the final payment to the
Contractor.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to accept improvements
and authorize final payment to Contractor.
Motion carried: 7 Yeas; D Hays.
"CONTRACTOR'S AFFIDAVIT ON CLOSING JOB" ATTACHED
TO THE END OF THESE MINUTES.
88-47B-821-738
(29.) Consider Ordinance-#9249 amending Chapter 28 of
the Code of Ordinances of the City of Lubbock
providing for wholesale water services to
specific areas.
ORDINANCE #9249
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK BY ADDING A NEW SECTION THERETO TO BE KNOWN AS
SECTION 28-59 WHICH SECTION PROVIDES FOR WHOLESALE WATER SERVICE TO
SPECIFIC AREAS OUTSIDE OF THE CITY'S CORPORATE LIMITS; PROVIDING
CONDITIONS FOR SUCH SERVICE; ADOPTING RATES FOR SUCH SERVICE; AND
PROVIDING FOR SEVERABILITY.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to pass on first reading
Ordinance #9249 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
88-475-821-739
(30.) Consider Resolution #2987 authorizing the Mayor
to execute an Agreement with -the Town of Lake
Ransom Canyon regarding Lubbock's Wastewater
Disposal Permit.
RESOLUTION #2987
December 15, 1988
Page 822
RESOLUTION
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 concerning the City of Lubbock's water disposal
permit with the Town of Ransom Canyon, 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.
THAT subject to the terms of the above Agreement, 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 City
of Lubbock to supply water to the Town of Ransom Canyon, 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.
THAT the water department is hereby authorized and directed to
grant permission as required by City Code §§28-31 for the Town of
Ransom Canyon to supply water to other persons, subject to the
conditions and limitations contained in the agreement.
THAT there is adequate untreated water supply and treatment
capacity and treated water storage, pumping, and distribution
capacity within the City's water system to satisfy the demands of the
Town of Ransom Canyon as specified in the agreement, together with
all other service commitments of the City that are existing or
anticipated at the time the wholesale customer applies for service.
Passed by the City Council this 15th day of December, 1988.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
LsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/5L Larry
J. Cunningham
/s/ John C. Ross, Jr.
Larry J.
Cunningham,
City
Manager John C. Ross, Jr., City
Attorney
THE STATE
OF TEXAS
§
AGREEMENT REGARDING LUBBOCK
COUNTY OF
LUBBOCK
§
WASTEWATER DISPOSAL PERMIT
This Agreement ("Release and Agreement") is made and entered
into by and between the City of Lubbock (herein tailed "Lubbock"), a
municipal corporation located in Lubbock County, acting by and
through its undersigned duly authorized mayor, as authorized by
specific action of its City Council and the Town of Ransom Canyon
(herein called "Ransom"), a Texas municipal corporation located in
Lubbock County, acting by and through its undersigned duly authorized
officer, as authorized by specific action of its City Council.
RECITALS
1. Lubbock filed an application with the Texas Water
Commiission ("Commission") requesting an amendment to Permit No.
10353-02 for authorization to modify its sewage treatment and
disposal facilities;
December 15, 1988
Page 823
2. Ransom protested the application, alleging that Lubbock's
wastewater disposal practices impaired Ransom's water supply; and
3. Bonafide disputes and controversies exist between the
parties, both as to liability and the amount thereof, if any, and by
reason of such disputes and controversies the parties hereto desire
to compromise and settle all claims and causes of action (if any) of
any kind whatsoever which Ransom has or may have in the future
arising out of the application, hereinabove referred to, and the
alleged impairment of Ransom's water supply as a result of Lubbock's
wastewater disposal operations and intend that the full terms and
conditions of the agreement be set forth in this document.
AGREEMENT
For and in consideration of the mutual promises, covenants,
obligations, and benefits described in this Agreement and as further
inducement for the City of Lubbock executing a water supply contract
with Ransom, Lubbock and Ransom agree as follows:
Section 1. Withdrawal of Protest. Upon execution of this
Release and Agreement, Ransom will file a motion with the Commission
requesting the dismissal of Ransom's protest of Lubbock's
application. If Ransom does not file the motion within ten (10) days
after the effective date of this Agreement, Ransom will be in default
of this agreement and Lubbock may terminate this Agreement. Ransom,
its assigns, successors, agents, servants and employees, and all
persons, natural or corporate, in privity with it or any of them,
hereby contract and agree that it shall not interfere in any way with
the application to amend Permit No. 10353-02 issued by the Texas
Water Commission or any amendments to or renewals thereof. Lubbock
may amend or allow the amendment of the pending application, or
subsequently file a new application and Ransom shall not protest, or
cause to be protested, such application.
Section 2. Public Property. Lubbock and the Town of Ransom
Canyon have agreed upon a contract fixing terms of water service by
Lubbock to Ransom including terms for the calculation of rates to be
charged for such service (the "Water Supply Contract"). Ransom
authorizes, to the extent capable under existing law, Lubbock's use
of streets, alleys, and general utility or other easements of Ransom
for construction, operation and maintenance of Lubbock's water system
to point of delivery of water to wholesale customer. In the event
Ransom does not currently have an easement over, under, on or upon a
publlic street, alley or other right-of-way, whether public or
private, it will assume the affirmative duty to acquire such
easement, at its cost, for use by the City. If Lubbock's water
system is placed in, on, above, or across any street, alley, or
easement, Lubbock agrees to use reasonable efforts not to
unreasonably interfere with the lawful use of the street, alley, or
easement, but Lubbock shall have the right to temporarily interfere
with such usage when necessary or convenient for the installation,
inspection, repair or replacement of the facilities. Lubbock shall
restore lands, pavement or improvements resulting from exercise of
the rights provided in this section, including the cost of relocation
of any facilities located within any such easement, but Ransom shall
pay the cost of relocating any of property belonging to Ransom or
other persons, if this cost is not borne by Ransom.
Section 3. No Interference. Ransom, its assigns, successors,
agents, servants and employees, and all persons, natural or
corporate, in privity with it or any of them, hereby contract and
agree that they shall not interfere in any way with the wastewater
disposal projects authorized under Permit No. 10353-02 issued by the
Texas Water Commission or any amendments to or renewals thereof.
December 15, 1988
Page 824
Ransom, its assigns, successors, agents, servants and employees, and
all persons, natural or corporate, in privity with it or any of them,
hereby contract and agree that they shall not interfere in any way
with Lubbock's efforts to obtain authorization to discharge treated
effluent into the waters of the State of Texas, provided the quality
of the effluent meets or exceeds the limitations described in
Effluent Set Z-N in Texas Water Commission Rule §309.4 as of the date
this Agreement is signed. Lubbock may terminate the Water Supply
Agreement without risk of liability to Ransom if Ransom, its assigns,
successors and agents, in privity with it or any of them, protest
Lubbock's application to amend the permit.
Section 4. Release. Ransom, its successors, assigns, and all
persons, natural or corporate, in privity with it has this day
released and by these presents do release, acquit, and forever
discharge Lubbock, its successors, assigns, agents, servants, and
employees, and all persons, natural or corporate, in privity with it,
from any and all claims or causes of action of any kind whatsoever,
at common law, in equity, statutory or otherwise which Ransom has, or
might have, known or unknown, now existing or that might arise
hereafter, directly or indirectly, attributable to occurrences or
transactions involving Ransom's water supply.
Section 5. Effective Date. This Release and Agreement shall
take effect and be binding on each party as of the date which
execution of this Release and Agreement is made by all parties
hereto.
Section 6. Governing Law. This Release and Agreement shall be
enforced and construed in accordance with the laws of the State of
Texas.
Section 7. Agreement Prepared Jointly by Both Parties'
Attorneys. This Release and Agreement has been prepared by the joint
efforts of the respective attorneys for each of the parties.
Section 8. Acknowledgment of Entire Release and Agreement.
Each party acknowledges that it has carefully read this instrument,
including all documents or instruments that it refers to; that this
instrument expresses the entire Release and Agreement between the
parties concerning the subjects that it purports to cover; that each
parity has executed the Release and Agreement freely and of his or her
own accord; and that it is expressly understood that the terms hereof
are contractual and not merely recitals.
Section 9. Partial Invalidity. If any provision, word,
phrase, clause, sentence or paragraph of this Release and Agreement
or the application thereof to any person or circumstance is or shall
ever be held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the Release and Agreement
and the application of such provision, word, phrase, clause, sentence
or paragraph or other part of this Release and Agreement to other
persons or circumstances shall nevertheless survive and continue in
full force and effect without being impaired or invalidated in any
way„
Section 10. No Admission of Liability. It is expressly
understood and agreed that the terms hereof are contractual and not
merely recitals and that the agreements herein contained and the
consideration transferred is to compromise doubtful and disputed
claims, avoid litigation, buy peace, and that no payments made nor
released or other consideration given shall be construed as an
admission of liability, all liability being expressly denied.
December 15, 1988
Page 825
SECTION 11. Acknowledgement of Release and Agreement. Ransom
acknowledges and warrants that it has carefully read this instrument,
including all documents that it refers to; that this instrument
expresses the entire Release and Agreement; that Ransom fully
understands this instrument to be a compromise, settlement and
release of all claims, known or unknown, present or future, that it
has or may have against Lubbock, arising out of the alleged
contamination of Ransom's water supply. Ransom acknowledges and
warrants that it has the authority and is legally competent to
execute this Release and Agreement, and that it does so of its own
free will and accord without reliance on any representation of any
kind or character not expressly set forth herein.
Section 12. Multiple Originals. This Release and Agreement
shall be executed in two (2) counterparts, both of which shall, for
all purposes, be deemed to be an original, and all such counterparts
shall together constitute and be one and the same instrument.
EXECUTED as of the 15th day of December, 1988.
TOWN DF RANSOM CANYON
BY: /s/ Lee Kitchens
Lee Kitchens
Mayor
ATTEST:
ZsL Melissa Verett
Secretary
MAILING ADDRESS for notice:
Town of Ransom Canyon
24 Buffalo Drive
Ransom Canyon, Texas 79355
ACCEPTED AND EXECUTED as of the 15th day of December, 1988.
THE CITY OF LUBBOCK
BY: /s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
ZsL John C. Ross, Jr.
Jahn C. Ross, Jr., City Attorney
MAILING ADDRESS for notice:
City of Lubbock
P.D. Box 2000
Lubbock, Texas 79457
December 15, 1988
Page 826
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned, a Notary Public in and for said
county and state, on this day personally appeared Lee Kitchens known
to me, who executed the foregoing instrument and acknowledged to me
that the same was the act of the Town of Ransom Canyon, a Texas
municipal corporation, and that he executed the same as the act of
such municipal corporation for the purposes and consideration therein
expressed, and in the capacity therein stated; that he executed the
same as a free and voluntary act and deed after having it fully
explained to him, and after having read it fully, and after realizing
the effect thereof to he a full and final release and discharge of
the City of Lubbock for any matter or thing dealt with in the
foregoing instrument; and that the same was executed by him without
any threat, force, fraud, duress, or representation of any kind by
any person whomsoever; and that the said person at the time of the
execution of the release was completely sober, sane, and capable of
understanding the character of his acts and deeds and was in complete
charge of all of his faculties and capable of executing this
instrument and of understanding the significance of his acts.
GIVEN under my hand and seal of office, this 15th day of
December, 1988.
/s/ Ranette Boyd
Notary Public in and for
the State of Texas
Ranette Boyd
Typed Name
My Commission Expires:
08-25-90
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This Contract is made by and between the City of Lubbock (herein
called "CITY"), a municipal corporation located in Lubbock County,
acting by and through its undersigned duly authorized mayor as
authorized by specific action of its City Council; and the Town of
Ransom Canyon (herein called "WHOLESALE CUSTOMER"), a municipal
corporation in Lubbock County, acting by and through its undersigned
duly authorized president, as authorized by specific action of its
Board of Directors.
1. RECITALS
1-1. This Contract is made to provide access to CITY'S existing
water system and to define the terms and conditions under which
the CITY will construct and maintain water system capacity
adequate to provide a specific volume of water for WHOLESALE
CUSTOMER'S water system to make water available for property
located within the corporate limits of the Town of Ransom
Canyon, Texas as of January 1, 1988.
1-2. This Contract is entered into in compliance with the settlement
and compromise agreement between CITY and WHOLESALE CUSTOMER of
even date herewith.
December 15, 1988
Page 827
For and in consideration of the mutual agreement, covenants,
obligations, and benefits of this Contract, the CITY and WHOLESALE
CUSTOMER contract and agree as follows:
2. DEFINITIONS
All words and phrases used in this Contract shall be construed
in accordance with their definitions as are contained in the
"Policies" referred to in Paragraph 4. of this Contract. Words
and phrases used herein which are not defined in said
"Policies" shall be construed and interpreted in accordance
with accepted construction and usage in the operation of
municipally -owned water utilities at the time this Contract is
signed.
3. WHOLESALE CUSTOMER APPLIES FOR WATER SERVICE
WHOLESALE CUSTOMER makes application to CITY that it furnish
water service by providing access to its existing water system
and by constructing and maintaining water system capacity
adequate to provide water service to WHOLESALE CUSTOMER'S water
system for the property described in this Contract.
4. TERMS, PROVISIONS AND CONSIDERATIONS
CITY will furnish such service and will perform as required by
the terms of this Contract in consideration of the commitments
made by WHOLESALE CUSTOMER to CITY and to each other under the
terms of this Contract, provided however, the obligation of
CITY to provide service is conditioned upon compliance by
WHOLESALE CUSTOMER with the CITY'S "Policies for Water Service"
and amendments thereto as expressed by Chapter 28 of the
Lubbock City Code. Said Policies being on file with the City
Secretary.
And the Parties agree to additional terms and conditions as follows:
5.
RN
CITY'S "POLICIES" PART OF _CONTRACT
CITY'S "Policies" and amendments thereto on file at the office
of the CITY'S city secretary are made a part hereof.
CITY Shall Furnish Facilities
The CITY shall furnish its existing water system facilities and
additional water system facilities as are necessary to provide
water service to WHOLESALE CUSTOMER'S water system for the
property herein described under such conditions as are provided
as follows:
5-1.1. Quality and _Treatment
Potable water of similar quality supplied to citizens and
residents of the City of Lubbock, Texas, treated by
disinfectants and such other treatment as may in the future be
directed by the City Council of the City of Lubbock and meeting
the applicable quality standards of the Texas State Department
of Health and other local, State and Federal governmental
agencies at the point of delivery hereinafter provided during
the term of this Contract or of any renewal or extension
thereof. CITY may furnish such supply out of surface water,
ground water, or both, at its discretion.
December 15, 1988
Page 828
6-1.2. Quantity
Quantities of water as may be required by WHOLESALE CUSTOMER
not to exceed any of the following limitations:
820,000 gallons (2.516 acre-feet) during any 24-hour
period of time; or
299,300,000 gallons (918.493 acre-feet) during any 365-
day year period of time, and 300,120,000 gallons (921.009
acre-feet) during any 366-day year period of time,
as measured at the point of delivery. The point of delivery
will be at a measuring device located within 100-feet of a
connection to an existing 6-inch pipeline between WHOLESALE
CUSTOMER'S water well no. 7 and WHOLESALE CUSTOMER'S ground
storage tank. The location of the measuring device,
connection, water well no. 7, and ground storage tank are shown
on the vicinity map attached hereto as Exhibit "A" and made a
part hereof for all purposes. The measuring device shall be
located in an area reasonably accessible by CITY at all times.
CITY shall install a metering station at the point of delivery
and at its option may include in such metering station the
following devices: (1) control the rate of flow; (2) measure
the instantaneous flow of gallons per day; (3) measure peak
hourly flow during the day of maximum flow in gallons per day;
(4) measure the cumulative volume of water taken; and (5)
control changes in the rate of flow, said devices being
operable by CITY at the master metering station and remotely
from within CITY. The volumes specified in this paragraph
shall be subject to and limited by the CITY'S power to conserve
and ration water as provided by Sections 6-2.6 and 6-3.1 of
this Contract and shall be contingent upon completion of
facilities necessary or convenient to deliver the water from
the CITY'S existing facilities to the point of delivery.
WHOLESALE CUSTOMER shall pay CITY the annual minimum charge as
described in paragraph 6-2.2 of this Contract whether or not
WHOLESALE CUSTOMER actually takes delivery of water under this
Contract. Title to the water delivered by CITY to WHOLESALE
CUSTOMER shall change at the measuring device as provided by
paragraph 6-3.5 of this Contract.
6-1.3. Point of Delivery and Pressure
Water will be delivered at a reasonable flow rate adequate to
meet maximum daily demand at an adequate pressure at meter
located at the point of delivery. Point of delivery as used in
this Contract shall mean the point at which the water supplied
under this Contract passes through the meter described in
Section 6-1.2 of this Contract and exits said meter into the
facilities owned or operated by WHOLESALE CUSTOMER as shown in
Exhibit "A", attached hereto and made a part hereof.
6-1.4. Metering Equipment
Installation and maintenance, at its own expense at the point
of delivery, of the necessary metering equipment and required
devices of standard type for properly measuring the quantity of
water delivered to the WHOLESALE CUSTOMER and calibration of
such metering equipment within a reasonable time after request
by the WHOLESALE CUSTOMER, but not less frequently than once
every twelve (12) months, or more frequently than once every
three (3) months. A meter registering not more than three
percent (3%) above or below the test result shall be deemed to
be accurate. The previous readings of any meter disclosed by
test to be inaccurate shall be corrected in accordance with the
percentage of inaccuracy found by such tests for a period
extending back one-half (1/2) of the time elapsed since the
last calibration date but, in no event, further back than a
December 15, 1988
Page 829
period of six (5) months. If the meter is out of service or
out of repair so that the amount of water delivered cannot be
ascertained or computed from the reading thereof, the water
delivered during the period such meter is out of service or out
of repair shall be estimated upon the basis of the best data
available. The metering equipment register shall be read by
the CITY at least once a month.
5-1.5. Billing Procedure
A monthly statement of the amount of water determined to be
consumed by wholesale customer through the meter described in
Section 5-1.2 of this Contract during the preceding month shall
be mailed to WHOLESALE CUSTOMER. All statements for water so
consumed shall be due and payable fifteen (15) days after the
issuance of said statement. A late payment charge of five
percent (5%) shall be charged to WHOLESALE CUSTOMER if said
customer fails to pay its bill on or before the thirty (30)
days from date of issuance. In the event WHOLESALE CUSTOMER
fails to pay its statement in full on or before the expiration
of thirty (30) days from the date of issuance of said statement
than in such event interest shall be added to said statement at
the maximum lawful rate of interest on prejudgment debts in the
State of Texas from such date aforementioned until said
statement is paid in full. If payment is not received by the
CITY within thirty (30) days after the due date, the statement
shall be deemed delinquent. The CITY shall notify the
WHOLESALE CUSTOMER in writing when any such payment shall
become delinquent, and if such delinquency is not removed
within thirty (30) days after the sending of such written
notice, the CITY may, at its discretion, cease supplying water
to, the WHOLESALE CUSTOMER under the terms of this Contract or
exercise its lien upon WHOLESALE CUSTOMER'S revenues as
provided by this Contract (see paragraph 8). After water has
ceased to be supplied, the CITY may, at its discretion, notify
the WHOLESALE CUSTOMER of its intention to declare this
Contract forfeited and null and void. Upon such notice, the
WHOLESALE CUSTOMER shall have thirty (30) days to pay all
delinquent charges, reconnect charges, and penalties in order
to reinstate water supplies prior to final action by the CITY
declaring this Contract forfeited and null and void.
5-2. Conditions of Service
WHOLESALE CUSTOMER shall comply with continuing conditions of
receiving service as follows:
5-2.1. Wholesale Customer's Facilities
WHOLESALE CUSTOMER agrees and understands that it will install
and maintain at its sole expense all facilities necessary for
WHOLESALE CUSTOMER to operate its water system from the point
of delivery as described in this Contract and that the City of
Lubbock shall be under no obligation whatsoever to bear any of
said expenses aforementioned. The design and construction of
the facilities between the meter and the air gap shall be
subject to review and approval by CITY. After installation of
the meter and airgap facilities, WHOLESALE CUSTOMER shall not
alter, modify, or improve the meter and airgap facilities
without the prior approval of the proposed changes by CITY.
The design and construction of the facilities, and any repairs,
modifications, or improvements to the facilities shall comply
with all federal, state, and local regulatory requirements.
December 15, 1988
Page 830
6-2.2. Rates and Payment Date
Pay to the CITY no later than the due date specified in the
statement for water delivered pursuant to the terms of this
Contract those charges for wholesale water as set forth within
said statement. The charges for wholesale water shall be in
accordance with the rates, for WHOLESALE CUSTOMERS outside the
city limits, established by Ordinance of the City Council of
the City of Lubbock, for the class of customer hereinabove
mentioned, which Ordinance will be filed for public record with
the City Secretary of the City of Lubbock and reference to
which is hereby made as if fully set forth herein. The
Ordinance establishing rates for the service hereinabove
mentioned may be, from time to time, modified or amended and in
the event of such modification or amendment the reference to
the Ordinance above set forth shall be construed so as to apply
to the last modification or amendment. By execution of this
Contract, WHOLESALE CUSTOMER stipulates that the methodology
relied on by the City Council of the City of Lubbock in
establishing the rates as set forth in Exhibit B is reasonable
and fair. In the event the Ordinance establishing the rates
for water delivered pursuant to this Contract is modified or
amended and such modification or amendment results in a new or
revised rate applicable to sales under this Contract then in
such event, CITY shall furnish WHOLESALE CUSTOMER with a
revised rate not less than sixty (60) days prior to the
effective date thereof, together with the costs and tables used
in calculating the rate, as per example outlined in Exhibit
"B," attached hereto. The rates charged do not imply or
include service by the CITY beyond the CITY'S point of
delivery; it being the intent of this Contract that all
expenses on WHOLESALE CUSTOMER'S side of the point of delivery
as defined in this Contract shall be the sole expense of
WHOLESALE CUSTOMER.
WHOLESALE CUSTOMER shall pay CITY an annual minimum charge of
$8,277.79 payable in twelve equal monthly installments for
thirty (30) years for the proportionate costs of installing
capital improvements necessary to furnish water to wholesale
customers. In addition, WHOLESALE CUSTOMER shall pay to CITY
on a monthly basis the rate for water delivered to WHOLESALE
CUSTOMER as expressed in Exhibit B attached hereto and made a
part hereof together with any future rate charges adopted by
the City Council of the City of Lubbock. The first annual
minimum charge monthly payment will become due at the time of
the first monthly billing.
If a court, the Texas Water Commission or its successors, or
any federal or state regulatory authority finds that CITY rates
or policies for delivering water to WHOLESALE CUSTOMER under
this Contract are unenforceable, CITY has the option to
terminate this Contract without liability to WHOLESALE
CUSTOMER. By signing this Contract, WHOLESALE CUSTOMER
stipulates and agrees that CITY and its other customers will be
prejudiced if WHOLESALE CUSTOMER avoids the obligation to pay
the rates for water specified in this Contract while accepting
the benefits of obtaining water from CITY. Nothing in this
Contract shall be construed as constituting an undertaking by
CITY to furnish water to WHOLESALE CUSTOMER except pursuant to
the terms of this Contract. If WHOLESALE CUSTOMER initiates in
any proceeding regarding CITY'S rates and policies under this
Contract and advocates a position that is adverse to CITY and
CITY prevails, WHOLESALE CUSTOMER shall pay CITY for CITY'S
expenses in the proceeding within fifteen (15) days after
CITY'S demand for payment. WHOLESALE CUSTOMER stipulates and
agrees that the rates and policies specified in this Contract
are just and reasonable.
December 15, 1988
Page 831
6-2.3. Advance Deposit
Make an advance deposit in the amount of $5,000.00 cash or by
letter of credit in like amount approved by CITY which sum is
considered to be reasonably adequate to secure WHOLESALE
CUSTOMER'S future monthly water charges during the first twelve
(12) months after this Contract is signed on behalf of CITY.
The initial deposit shall be paid prior to the CITY furnishing
water to WHOLESALE CUSTOMER. On or before the end of the
twelfth (12) month after this Contract is signed on behalf of
CITY and annually thereafter, upon request by CITY, WHOLESALE
CUSTOMER shall deposit (within ten [10] days of such request)
any additional money with CITY required to make the WHOLESALE
CUSTOMER'S deposit equal to the product of multiplying the
WHOLESALE CUSTOMER'S monthly bill, as averaged over the prior
twelve (12) month period, by a factor of three (3). This
deposit or letter of credit shall be collected and held by the
CITY for the term of this Contract and will not accrue interest
in favor of the WHOLESALE CUSTOMER during the time in which it
is retained by the CITY. In the event that WHOLESALE CUSTOMER
has paid its account in accordance with the terms of this
Contract for a period of five (5) years from its execution,
then in such event the cash deposit or letter of credit shall
be returned to WHOLESALE CUSTOMER and no further deposit shall
be required.
6-2.4. Service To and Definition of Retail Customers
Limit service to retail customers within the defined service
area of the WHOLESALE CUSTOMER as shown on Exhibit "A",
attached hereto. The defined service area as shown is the
corporate limits of the Town of Ransom Canyon as described in
the application for incorporation approved by the county judge
of Lubbock County, Texas. A retail customer is defined as a
single or multiple family dwelling, or a single commercial
customer. The limitations upon service to retail customers
within the defined service areas shall apply to water delivered
bil CITY to WHOLESALE CUSTOMER and water received by WHOLESALE
CUSTOMER from any other source, specifically including, but not
limited to, WHOLESALE CUSTOMER'S wells. For purposes of this
Contract, a commercial customer is a customer of WHOLESALE
CUSTOMER which uses the water for purposes other than household
use. Notwithstanding anything contained herein to the contrary
a retail customer shall not include a political subdivision,
corporation, partnership, or individual engaged in the water
supply business. The WHOLESALE CUSTOMER shall prohibit the
resale or transfer of water delivered by the CITY under this
Contract by any of WHOLESALE CUSTOMER'S retail customer or
members to any ❑ther party, unless the written consent of the
CITY is obtained in advance.
6-2.5. Sanitary Control
Maintain at all times an air gap, or other device or method
acceptable to CITY for maintaining sanitary control, between
the WHOLESALE CUSTOMER'S existing pipeline that transports the
water received from CITY and the WHOLESALE CUSTOMER'S existing
ground storage tank located as shown on the vicinity map
attached hereto as Exhibit "A." The length of the air gap
shall be not less than twice the diameter of the pipe at the
point of delivery. WHOLESALE CUSTOMER shall provide and
maintain any and all devices and methods to maintain sanitary
control and prevent back -flow from WHOLESALE CUSTOMER'S system
to CITY'S system as required or suggested by federal, state, or
local regulatory authorities or by CITY. WHOLESALE CUSTOMER
shall not allow service by direct pressure from the CITY'S
supply. WHOLESALE CUSTOMER shall permit personnel of CITY to
enter upon the property of WHOLESALE CUSTOMER for the purpose
December 15, 1988
Page 832
of inspecting any and all facilities to determine whether
WHOLESALE CUSTOMER is maintaining the required air gap or
sanitary control measures. Should CITY have reasonable grounds
to believe that any condition exists which might result in
contamination of CITY'S water supply, or jeopardize CITY'S
certification with the State Health Department or other
federal, state or local regulatory authorities, then CITY shall
notify the WHOLESALE CUSTOMER and WHOLESALE CUSTOMER shall
immediately correct such condition. In the event WHOLESALE
CUSTOMER fails to correct such condition the CITY may, at its
sole discretion either correct the condition, at WHOLESALE
CUSTOMER'S cost, and include the cost of materials and labor in
subsequent billing statements from CITY to WHOLESALE CUSTOMER
or cease delivering water under this Contract until such
condition is corrected to the satisfaction of the CITY. In the
event the CITY determines that contamination of CITY'S water
supply by WHOLESALE CUSTOMER exists, CITY shall have the
absolute right to discontinue service to WHOLESALE CUSTOMER
until such time as said contamination has been eliminated by
WHOLESALE CUSTOMER. Nothing herein shall be construed to
impose upon the CITY the duty and obligation to make any
inspection or to regulate the quality of water beyond CITY'S
metering point to WHOLESALE CUSTOMER, and the WHOLESALE
CUSTOMER shall be solely responsible for the operation,
maintenance, regulation and employment of all facilities beyond
the metering point, and the regulation of the use of all water
received by it at the metering point.
6-2.6. Water Conservation
Comply with CITY'S water conservation and rationing plans and
ordinances and require its retail customers to comply with
CITY'S water conservation and rationing plans to the extent
necessary to conserve and ration the water delivered by CITY to
WHOLESALE CUSTOMER under this Contract. WHOLESALE CUSTOMER
shall cooperate with and assist CITY in developing,
implementing, and maintaining water conservation plans,
programs, and rules incorporating loss -reduction measures and
management practices, techniques, and technologies designed to
insure water made available under this Contract is used in an
economically -sensitive manner and designed to reduce the
consumption of such water, reduce the loss or waste of such
water, improve the efficiency in the use of such water, and
increase the recycling and reuse of such water. WHOLESALE
CUSTOMER shall furnish CITY a copy of such conservation plan
from time to time, as requested by the CITY within ten (10)
days of said request. WHOLESALE CUSTOMER agrees that if water
supplies or services are curtailed within CITY, CITY may impose
a like curtailment on deliveries of water to WHOLESALE CUSTOMER
under this Agreement and WHOLESALE CUSTOMER will cooperate by
imposing conservation measures upon its sales of water made
available under this Contract. CITY'S obligations under this
Contract shall be subject to water conservation plans and
drought contingency plans adopted by CITY or required or
approved by the Texas Water Commission, the Texas Water
Development Board, or any other or additional federal, state,
or local regulatory authority with power to require or approve
water conservation and drought contingency plans.
December 15, 1988
Page 833
6-2.7. Public Property
CITY will assume the affirmative duty to acquire easements, at
its cost, for use by the CITY between CITY'S water system as it
exists on the date this Contract is signed and the location of
the measuring device at the point of delivery as shown
described in this Contract and shown on Exhibit "A." WHOLESALE
CUSTOMER shall acquire, at its expense, all easements,
approvals, facilities required between the measuring device and
WHOLESALE CUSTOMER'S system.
6-2.8. Right of Entry
Authorize CITY, its agents, employees and contractors, entry
upon the WHOLESALE CUSTOMER'S property where WHOLESALE
CUSTOMER'S wells are located for the purpose of obtaining water
samples and performing tests to determine actual or potential
production. The entry, sampling, and testing shall be
performed at reasonable times, with advance notice to WHOLESALE
CUSTOMER. WHOLESALE CUSTOMER may have a representative present
during any entry upon the property. CITY'S entry upon the
property and its sampling and testing shall be performed in
compliance with WHOLESALE CUSTOMER'S rules and regulations
adopted to protect persons on the property and the sanitary
condition of WHOLESALE CUSTOMER'S water supply.
6-3,. Mutual Conditions
6-3.I. Failure to Deliver
CITY does not warrant that the services provided for in this
Contract will be free from interruption or stoppage caused by
maintenance, repair, substitution, renewal, replacement or
improvement of any of the equipment involved in the furnishing
of any such services or caused by the changes of services,
alterations, strikes, lockouts, labor controversies, accidents,
or acts of God, the elements, or any other cause beyond the
reasonable control of CITY. In case by reason of Force Majeure
either party hereto shall be rendered unable, wholly or in
part, to carry out its obligations under this Contract, other
than the obligation of the WHOLESALE CUSTOMER to make the
payments required under the terms hereof, to comply with
applicable federal, state, and local regulatory authorities
having or asserting jurisdiction over the operation of
WHOLESALE CUSTOMER'S water supply, and to meet sanitary control
requirements as hereinabove set forth, then if such party shall
give notice and full particulars of each Force Majeure in
writing to the other party within a reasonable time after
occurrence of the event or cause relied on, the obligation of
the party filing such notice, so far as it is affected by such
Force Majeure, shall be suspended during the continuance of the
inability then claimed, but for no longer period, and such
party shall endeavor to remove or overcome such inability with
all reasonable dispatch. The terms "Force Majeure" as employed
herein shall mean, but without limitation, acts of God,
strikes, lockouts, or other industrial disturbances, acts of
public enemy, war, orders of any kind of the Government of the
United States or the State of Texas or any civil or military
authority, insurrections, riots, epidemics, landslides,
lightning, earthquakes, fires, hurricanes, storms, floods,
washouts, droughts, arrests, restraint of government and
people, civil disturbances, explosions, breakage or accidents
to machinery, pipelines or canals, partial or entire failure of
water supply and inability on the part of the CITY to deliver
water hereunder, or of the WHOLESALE CUSTOMER to receive water
hereunder, on account of any other causes not reasonably within
the control of the party claiming such inability. The
December 15, 1988
Page 834
settlement of strikes and lockouts shall be entirely within the
discretion of the party having the difficulty, and the above
requirement that any Force Majeure shall be remedied with all
reasonable dispatch shall not require the settlement of strikes
and lockouts as according to the demands of the opposing party
or parties when such course is unfavorable in the judgment of
the party having the difficulty. In the event of a shortage of
water, or the supply of water available to CITY is otherwise
diminished, the supply of water to the WHOLESALE CUSTOMER under
this Contract shall be reduced or diminished in the same ratio
or proportion as the supply to other customers comparable to
WHOLESALE CUSTOMER is reduced or diminished.
5-3.2. Regulatory Agencies
This Contract is subject to such rules and regulations as may
now exist and as may be adopted by the City of Lubbock, to
comply with the Texas State Department of Health and other
local, State and Federal governmental agencies, and CITY and
WHOLESALE CUSTOMER will collaborate in obtaining such permits
and certificates as may be required to comply therewith. This
Contract is subject to all applicable federal, state, and local
laws and any applicable ordinances, rules, orders, and
regulations of any local, state or federal governmental
authority having or asserting jurisdiction including, but not
limited to, the rate -fixing power of the Texas Water
Commission. However, nothing contained in this Contract shall
be construed as a waiver by any party to the Contract of any
right to question or contest any law, order, rule or regulation
which may affect the terms and conditions of this Contract in
any forum having jurisdiction, and WHOLESALE CUSTOMER and CITY
each agree to make a good faith effort to support proposed laws
and regulations which would be consistent with the performance
of this Contract in accordance with its terms.
5-3.3. Miscellaneous Conditions
All the situations, promises, undertakings and Contracts herein
contained by or on behalf of either CITY or WHOLESALE CUSTOMER
shall bind the successors and assigns of either party, whether
so expressed or not; but neither CITY nor the WHOLESALE
CUSTOMER shall have the right to assign this Contract, or any
part thereof except as hereinafter provided without the written
consent of the other party. WHOLESALE CUSTOMER consents to an
assignment of this Contract by CITY to a water conservation and
reclamation district created under authority of TEX.CONST. art.
XVI, §59. Either party may waive any default on the part of
the opposite party affecting any other provision of the
Contract, but a waiver of any one default shall not be deemed a
waiver of any other or subsequent default or defaults. No
delay by either party in enforcing any of its rights under this
Contract shall be deemed a waiver of such rights. CITY and
CITY'S agents have made no representation or promises with
respect to the water supply or services except as herein
expressly set forth, and no rights, easements, entitlements, or
licenses are acquired by WHOLESALE CUSTOMER by implication or
otherwise except as expressly set forth in this Contract.
5-3.4. Notice of Violation
December 15, 1988
Page 835
In the event that either the CITY or the WHOLESALE CUSTOMER
should violate any of the terms of Paragraph 6, hereof, the
other party shall promptly notify the other respective party of
the violation. Unless this Contract provides otherwise, in the
event said violation is not cured within thirty (30) days after
the sending of such notice, the party sending the notice may at
its discretion notify the other party of its intention to
declare this Contract forfeited and null and void. Except as
otherwise provided by this Contract, upon receiving such notice
the delinquent party shall have thirty (30) days to cure said
violation prior to final action by the other party declaring
this Contract forfeiting and null and void. Any notice
required under the terms of this Contract shall be in writing
and shall be delivered by certified mail, addressed to the CITY
or the WHOLESALE CUSTOMER. If the default cannot be cured
within the thirty (30) day period, the length of the period
shall be extended for a reasonable period of time, if the
delinquent party commences curing the violation within the
thirty day period and continues the curing of the violation
with due diligence and continuity.
6-3.5. Title
Title to all water supplied hereunder shall be in the CITY up
to the point of delivery, at which point title shall pass to
the WHOLESALE CUSTOMER. Each of the parties hereto hereby
agrees to save and hold each other party hereto harmless from
all claims, demands, and causes ❑f action which may be asserted
by anyone ❑n account ❑f the transportation and delivery ❑f said
water while title remains in such party.
6-4.. Term ❑f Contract
The term of this Contract shall be a period of thirty (30)
years from its effective date. WHOLESALE CUSTOMER is given an
option and contract for a like period provided that at least
twenty-four (24) months prior to the expiration of the initial
term of this Contract, CITY and WHOLESALE CUSTOMER, in good
faith begin to negotiate another contract pertaining t❑
purchase ❑f water from CITY by WHOLESALE CUSTOMER containing
mutually agreeable terms, and conditions. If another contract
is not consummated, CITY shall not terminate service until
WHOLESALE CUSTOMER has had a reasonable time (such time not to
exceed two [2] years), in which to procure alternate service
and this Contract shall remain in farce until WHOLESALE
CUSTOMER procures alternative service or the expiration of two
(2) years,which ever event occurs first.
7. CUMULATIVE REMEDIES
Recognizing that failure in the performance ❑f WHOLESALE
CUSTOMER'S or CITY'S obligations under this Contract could not
be adequately compensated in money damages alone, WHOLESALE
CUSTOMER or CITY agree in the event of any default on their
part that CITY ❑r WHOLESALE CUSTOMER shall have available t❑
them the equitable remedy of mandamus and specific performance
in addition to any other legal or equitable remedies (other
than termination except as provided by this Contract) which may
also be available to CITY.
December 15, 1988
Page 835
8. PLEDGE OF REVENUES
WHOLESALE CUSTOMER hereby pledges the gross revenues from
WHOLESALE CUSTOMER'S water system to the CITY to pay the
charges due CITY under this Contract, and in the event of
default, the CITY may exercise its rights to such funds by any
available procedure, provided the source of the funds for
WHOLESALE CUSTOMER'S payment to CITY under this Contract shall
not be limited to that source of revenue. Unless otherwise
specifically provided in writing by subsequent agreement
between CITY and WHOLESALE CUSTOMER, CITY shall never have the
right to demand payment by WHOLESALE CUSTOMER of any obligation
assumed or imposed on it under and by virtue of this Contract
from funds raised or to be raised by taxation of property.
WHOLESALE CUSTOMER represents and covenants that the services
to be obtained pursuant to this Contract are essential and
necessary to the operation of WHOLESALE CUSTOMER and its own
water facilities, and that all payments to be made hereunder by
it will constitute reasonable and necessary "operating
expenses" of the WHOLESALE CUSTOMER'S water system, within the
meaning of Article 1113, Vernon's Texas Civil Statutes and any
amendments thereto, if appropriate, and the provisions of all
ordinances authorizing the issuance of all future bonds of the
WHOLESALE CUSTOMER which are payable from revenues of the
WHOLESALE CUSTOMER'S water system shall recognize and recite
this provision. WHOLESALE CUSTOMER agrees to establish and
collect such rates and charges for its services to be supplied
by its system as will make possible the prompt payment of all
expenses of operating and maintaining its system including the
payments contracted hereunder, and the prompt payment of the
principal of and interest on its obligations, if any, payable
from the revenues of its water systems. WHOLESALE CUSTOMER
agrees that, in addition to all other remedies provided herein
or at law or in equity, CITY shall be entitled to a writ of
mandamus issued by a court of competent jurisdiction compelling
and requiring WHOLESALE CUSTOMER to take all actions covenanted
herein and to make prompt payment of the payments contracted to
be made herein and to observe and perform the covenants,
obligations and conditions imposed in this Contract.
9. WAIVER
No failure on the part of the CITY at any time to require the
performance by WHOLESALE CUSTOMER of any portion of this
Contract shall in any way affect the CITY'S right to enforce
such provision or any other provision. Nor shall any waiver by
the CITY of any provision hereof be taken or held to be a
waiver of any other provision hereof or any other breach
hereof. No rights under this Contract may be waived and no
modification or amendment to this Contract may be made except
by written amendment executed by the parties. No officer or
agent of WHOLESALE CUSTOMER or CITY is authorized to waive or
modify any provision of the Contract. No modifications to or
rescission of this Contract may be made except by a written
document signed by CITY'S and WHOLESALE CUSTOMER'S authorized
representatives.
10. HEADINGS
All headings in this Contract have been inserted for convenient
reference only and shall not in any manner be construed as
modifying, amending, or affecting in any way the express terms
and provision hereof.
December 15, 1988
Page 837
11.
12.
13.
14.
OTHER CHARGES
In the event any sales or use taxes, or taxes or user fee of
any similar nature are imposed on gathering, impounding,
taking, sale, use, or consumption of the water received by
WHOLESALE CUSTOMER from CITY, the amount of the tax or user fee
allocable to WHOLESALE CUSTOMER shall be borne by WHOLESALE
CUSTOMER. Whenever CITY shall be required to pay, collect, or
remit any tax or user fee on water received by WHOLESALE
CUSTOMER, then the tax or user fee will be added to the charges
otherwise payable to CITY under this Contract and WHOLESALE
CUSTOMER shall promptly pay or reimburse CITY for the tax or
user fee in the manner directed by CITY.
NOTICES
All notices, payments and communications ("notice") required or
allowed by this Contract shall be in writing and be given by
depositing the notice in the United States mail postpaid and
registered or certified, with return receipt requested, and
addressed to the party to be notified. Notice deposited in the
mail in the previously described manner shall be conclusively
deemed to be effective from and after the expiration of three
(3) days after the notice is deposited in the mail. Notice
given in any other manner shall be effective only if and when
received by an officer or the designated representative of the
party to be notified. For purposes of notice, the addresses of
the designated representatives for receipt of notice for each
of the parties shall be shown on the signature pages of this
Contract. Either party may change its address by giving
written notice of the change to the other party at least
fifteen (15) days before the change becomes effective.
PLACES OF PERFORMANCE
All amounts due under
to, payments due under
of this Contract, shal
Lubbock County, Texas,
by the parties to this
proceeding is brought
provisions hereof, the
Texas.
APPLICABLE LAW
this Contract, including, but not limited
this Contract or damages for the breach
1 be paid in Lubbock County, Texas, said
being the place of performance agreed to
Contract. In the event that any legal
to enforce this Contract or any
same shall be brought in Lubbock County,
This Contract shall be construed under the laws of the State of
Texas and all obligations of the parties hereunder are
performable in Lubbock County, Texas.
15. EFFECTIVE DATE
This Contract shall be effective and binding between the
parties hereto on the passage and effective date of City of
Lubbock Ordinance No. 9249.
December 15, 1988
Page 838
WHOLESALE CUSTOMER hereby binds itself, its successors, assigns and
representatives for the faithful and full performance of the terms
and provisions of this Contract.
EXECUTED as of the 15th day of December, 1988.
TOWN OF RANSOM CANYON
WHOLESALE CUSTOMER
BY: /s/ Lee Kitchens
Lee Kitchens, MAYOR
ATTEST:
Ls1 Melissa Verett
Melissa Verett, Secretary
MAILING ADDRESS for notice:
Town of Ransom Canyon
24 Buffalo Drive
Ransom Canyon, Texas 79366
ACCEPTED AND EXECUTED as of the 15th day of December, 1988.
THE CITY OF LUBBOCK
BY: /s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
LsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORD:
LsL John C. Ross, Jr.
John C. Ross, Jr., City Attorney
MAILING ADDRESS for notice:
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
NOTE:: EXHIBIT A "POINT OF DELIVERY" FILED WITH RESOLUTION #2987.
EXHIBIT B
81.17% of the high volume rate for customers inside the City limits
of the City of Lubbock. The high volume rate shall be that rate
charged customers consuming more than 250,000 gallons of water per
month. In addition, there shall be added to such rate the
proportionate costs of installing capital improvements necessary to
furniish such water which shall be repaid over a period of 30 years on
either an annual or monthly basis at 6 1/2% simple interest.
December 15, 1988
Page 839
88-47B-839-740
(31.)
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Phillips to authorize Resolution
#2987 (Agreement with Town of Ransom Canyon) as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
Permit.
RESOLUTION #2988
RESOLUTION
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 with Lake Ransom Canyon, Inc. concerning the
Cite of Lubbock's water disposal permit, 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 15th day of December, 19B8.
ATTEST:
Zs,L Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Zs,L Larry J. Cunningham
Larry J. Cunningham, City Manager
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
s ohn C. Ross Jr.
John C. Ross, Jr., City Attorney
AGREEMENT REGARDING LUBBOCK
WASTEWATER DISPOSAL PERMIT
This Agreement is made and entered into by and between the City
of Lubbock (herein called "Lubbock"), a municipal corporation located
in Lubbock County, acting by and through its undersigned duly
authorized mayor, as authorized by specific action of its City
Council and Lake Ransom Canyon, Inc. (herein called the "Company"), a
Texas corporation located in Lubbock County, acting by and through
its undersigned duly authorized president, as authorized by specific
actiion of its Board of Directors.
RECITALS
1. Lubbock filed an application with the Texas Water
Commission ("Commission") requesting an amendment to Permit No.
10353-02 for authorization to modify its sewage treatment and
disposal facilities;
2. The Town of Ransom Canyon (herein called "Ransom Canyon")
and the Company protested the application, alleging that Lubbock's
wastewater disposal practices impaired Ransom Canyon's water supply
to the Company; and
December 15, 1988
Page 840
3. Whereas Lubbock and the Town of Ransom Canyon have
reached an agreement as to a water supply contract; and
4. Whereas the Town of Ransom Canyon has agreed to withdraw
any protest it may have as t❑ the pending permit above referred to in
Recital No. 1; and
5. Whereas the Company agrees to likewise withdraw any
protest it may have to the above referenced permit set forth in
Recital No. 1 simultaneously with the withdrawal of such protest by
the Town ❑f Ransom Canyon; and
6. Whereas such withdrawals of protest shall be undertaken
within ten (10) days of the date ❑f execution of a water supply
agreement between the City ❑f Lubbock and the Town of Ransom Canyon.
NOW THEREFORE, the parties do hereby agree as follows:
AGREEMENT
For and in consideration ❑f the mutual promises, covenants,
obligations, and benefits described in this Agreement and as further
inducement for the City ❑f Lubbock executing a water supply contract
with Ransom Canyon, Lubbock and the Company agree as follows:
Section 1. Withdrawal of Protest. Upon the execution ❑f a
water supply contract between Lubbock and the Town ❑f Ransom Canyon,
the Company will, within ten (10) days of such event, file a motion
with the Commission requesting the dismissal of the Company's protest
❑f Lubbock's application herein described in Recital No. 1 of this
agreement. The Company, its assigns, successors, agents, servants
and employees, and all persons, natural or corporate, in privity with
it or any of them, hereby contract and agree that it shall not
interfere in any way with the application to amend Permit No. 10353-
02 issued by the Texas Water Commission.
Section 2. Effective Date. This Agreement shall take effect
and be binding ❑n the parties hereto upon the date of its execution.
Section 3. Governing Law. This Agreement shall be enforced
and construed in accordance with the laws ❑f the State ❑f Texas.
EXECUTED as of the 14th day of December, 1988.
LAKE RANSOM CANYON, INC.
BY: Is1 Harold Chapman
President
ATTEST:
Secretary
MAILING ADDRESS for notice:
Lake Ransom Canyon, Inc.
150CI Broadway
Suite 1124
Lubbock, Texas 79401
December 15, 1988
Page 841
ACCEPTED AND EXECUTED as of the 15th day of December, 1988.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
/s/ John C. Ross. -Jr.
John C. Ross, Jr., City Attorney
MAILING ADDRESS for notice:
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
THE CITY OF LUBBOCK
BY: Is/ B. C. McMinn
B. C. McMINN, MAYOR
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this day personally
appeared Harold Chapman, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the said Lake Ransom Canyon, Inc.,
a corporation, and that he executed the same as the act of such
corporation for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 14th day of
December, A.D. 1988.
/s1 Diane Bruce
Notary Public, in and for
the State of Texas
My Commission Expires:
August 15, 1991
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2988 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
December 15, 1988
Page 842
88-47B-842-741
(32.)
The Staff has been in negotiations with Ransom
Canyon to supply water to Ransom Canyon from the
City's potable water system.
Agreement has been reached with stipulations as
follows:
1. The City of Lubbock will extend a water
pipeline to Ransom Canyon and furnish
Ransom Canyon up to 820,000 gallons per
day. Ransom Canyon will pay for the
pipeline. The financing arrangements
are that the City of Lubbock will
finance the cost of the pipeline for 30
years at 6-1/2%. The annual payment
will be $8,277.79 payable 1/12 per
month.
2. The cost of the water to Ransom Canyon
will be 81.17% of the high volume rate
that is charged to customers inside the
City. The current rate per thousand
gallons for Ransom Canyon will be
$.7386.
3. This will be a 30 year contract and
after 30 years, it is renewable with
complete renegotiation of the contract.
If the City of Lubbock desires to
cancel the contract after the 30 years
and not renew it, there is a provision
to give Ransom Canyon 24 months' notice
to cancel the contract so that they can
get another water supply.
4. A $5,000 Letter of Credit for non-
payment of bills is included in the
contract. The City of Lubbock does
maintain the right to cut off water for
non-payment of bills.
5. Rates can be increased as other City
rates in the future.
6. If conservation measures are put forth
in the City of Lubbock for water
supplies, Ransom Canyon must also
comply with any of these conservation
measures in the future.
7. This actual payment of costs would
commence upon the completion of the
pipeline and delivery of water to
Ransom Canyon.
Ordinance #9249 has been provided in order to
amend the policy for selling water outside the
City limits and also to define reasons that the
City of Lubbock will be providing water under
this particular circumstance with Ransom Canyon
and possibly with Buffalo Springs.
December 15, 1988
Page 843
The Agreements with Ransom Canyon and Ransom
Canyon Development Corporation provide that the
protest to the Texas Water Commission regarding
City of Lubbock application for disposal permit
will be withdrawn. Staff perceives the
arrangement to be satisfactory to both the City
of Lubbock and Ransom Canyon and recommended
approval.
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2987 (Contract with Town of Ransom Canyon) as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
CONTRACT AUTHORIZED BY RESOLUTION #2987--SEE ITEM 30.
88-478-843-742
(33.) Consider Resolution #2990 authorizing the Mayor
to sign a Funding Agreement with the Science
Spectrum.
RESOLUTION #2990
RESOLUTION
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 by and between the City of Lubbock and the
Science Spectrum providing for the payment of a portion of the
revenues derived from the hotel occupancy tax to the Science Spectrum
to be disbursed by it in accordance with the purposes and provisions
of this Agreement, 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 15th day of December, 1988.
/s/ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
,�5L Rita P. Harmon /s/ James P. Brewster
Rita Harmon, Assistant City Manager James P. Brewster, Civil
for Public Safety & Services Trial Attorney
December 15, 1988
Page 844
STATE OF TEXAS
COUNTY OF LUBBOCK
CONVENTION AND TOURISMPROMOTION
ACTIVITY AGREEMENT
This agreement entered into by and between the City of Lubbock,
herein called "City" and the Science Spectrum, Lubbock Science and
Technology Center, herein called "Spectrum".
WITNESSETH:
WHEREAS, the City has heretofore adopted a hotel -motel room
occupancy tax in the manner and authority of V.T.C.A., Tax Code
§151.101 et. seq., as amended, for the purpose of providing funds for
the direct enhancing and promotion of tourism and the convention and
hotel -motel industry in Lubbock; and,
WHEREAS, Science Spectrum has requested that certain expenses
arising from the acquisition and presentation of exhibits and related
costs at the Science Spectrum facility be funded by a grant of funds
from the hotel -motel room occupancy tax; and,
WHEREAS, the City Council of the City of Lubbock has determined
that the activities of Science Spectrum have proved during its
existence to be a significant activity in the attraction of tourists
and visitors to the City of Lubbock; and
WHEREAS, the facilities of Science Spectrum are so conveniently
located to be, and have been, an attraction directly enhancing and
promoting tourism and the convention and hotel industry during its
existence; and
WHEREAS, the Science Spectrum facilities are so located within
the City as would be frequented by tourists and visitors to the City,
and have in fact within the last year actually attracted in excess of
72,000 paid admissions to its traveling exhibits; and
WHEREAS, the City Council of the City of Lubbock has found that
funding for the Science Spectrum activities as contemplated herein
would provide for general promotional and tourist advertising of the
City and would enhance existing programs to attract conventions and
visitors to the City; and,
WHEREAS, the City is authorized to select and contract with
organizations in the performance of activities such as these
promoting tourism and attracting conventions and visitors to the
City;
NOW THEREFORE, the parties hereto do agree as follows:
I.
.That City will, and does hereby allocate and agree to provide
Science Spectrum with a total of $250,000.00 from its Hotel -Motel Tax
Reserve for Convention and Tourism Capital Projects during the City
fiscal years starting October 1, 1988, October 1, 1989 and October 1,
1990, under the following terms and conditions hereinafter contained.
II.
That the City will provide the funds from such allocation to
Science Spectrum as follows: One-half (1/2) of such allocation,
totalling $125,000.00, shall be paid to Science Spectrum on or before
October 1, 1989, with the remaining balance of $125,000.00, to be
paid on or before October 1, 1991.
December 15, 1988
Page 845
That these allocations are specifically conditioned upon these
being funds available for such purpose in the Hotel -Motel Tax Reserve
for Convention and Tourism Capital Projects at the time such
allocations are due, in whole ❑r in part. Available funds for this
purpose shall mean funds beyond those necessary to finance
allocations and commitments agreed to be funded by the City from such
reserve prior t❑ the date ❑f this agreement.
IV.
The funds allocated by City under this agreement shall ❑nly be
used or disbursed by Science Spectrum for those purposes and under
those guidelines now here provided:
1. Allocated funds may be used to secure exhibits ❑f ❑r in
demonstration of, technology in various fields ❑f endeavor such as,
but not limited to, medicine, agriculture, computers and aircraft;
and,
2. Allocated funds may be used to secure exhibits or in
demonstration ❑f basic sciences, such as, but not limited to,
weather, physics, chemistry and biology; and,
3. Such exhibits as above defined, shall further be those as
would be reasonably calculated to attract attendance by tourists and
visitors to the City of Lubbock; and,
4. Allocated funds may also be used:
(a) T❑ secure visual equipment and other programs
or demonstrations as to the exhibits
❑btained, or as to subjects similar t❑ the
types of exhibits above defined.
(b) To obtain furniture, miscellaneous equipment,
signs and lighting ❑nly when required and
directly relating to exhibits ❑r ❑ther
approved programs ❑r demonstrations.
(c) To prepare and distribute literature designed
to enhance the exhibits, programs and
demonstrations and to promote the attendance
thereof by tourists and visitors to the City
of Lubbock.
5. The funds advanced hereunder shall not be used t❑ secure,
operate or maintain the premises upon the exhibits, programs or
demonstrations are held, nor for the purchase of any improvements ❑f
any character as may be attached to such facilities. The funds
advanced shall not be used t❑ pay general salaries of personnel,
rent, utilities or for any other purpose whatsoever not specifically
defined and authorized above.
V.
That following receipt and expenditure ❑f the allocations, in
whole or part, Science Spectrum shall file with the City quarterly
reports as to expenditures made from each allocation, or part
thereof, as received. Each such quarterly report shall further
contain such information as may be then available as may indicate the
success of its operations in actually promoting tourism, visitors t❑
the City, and the hotel -motel industry.
December 15, 1988
Page 846
VI.
Science Spectrum shall further maintain careful books and
records as to the disbursement of all such funds as may be provided
under this agreement. Such records shall include proof of
disbursement and that such disbursements were in accordance with the
guidelines contained in paragraph IV, above. Science Spectrum shall
further, at its sole cost, provide the City with a financial audit as
to the status of the funds provided hereunder. These audits will be
furnished within sixty (60) days after October 1, 1989, October 1,
1990 and after October 1, 1991. In the event any part ❑f the funds
provided remain unexpended ❑n October 1, 1991, a final audit shall be
submitted within sixty (60) days after the actual expenditure of the
last ❑f such funds.
VII.
The Science Spectrum shall allow the City or its designated
agents access to the financial books and records of Science Spectrum
at any time for the audit or to the verification of the proper
disbursement of such advanced funds in accordance with this contract.
VIII.
Science Spectrum shall cooperate with and to the extent
reasonably possible, coordinate its promotional activities with those
of the convention and tourism service activities of the Lubbock
Chamber of Commerce, to the end that unnecessary duplication of
activities may be avoided and that each may benefit t❑ the greatest
degree possible from the promotional activities of the other.
IX.
This agreement shall terminate in all things upon the filing by
Science Spectrum of the final quarterly report or audit due
hereunder, in form acceptable to City and reflecting the last
expenditures of the funds provided Science Spectrum under the
allocations above described.
X.
That in the performance of all its obligations hereunder, the
Science Spectrum and all its officers, employees, agents and
contractors, shall in all things whatsoever act and be construed as
acting only for and ❑n behalf of the Science Spectrum and not as
officers, agents, employees or contractors of the City ❑f Lubbock.
Science Spectrum further agrees t❑ hold the City, its officers,
employees and agents harmless from all liability to the extent ❑f any
damages proximately caused by the acts by Science Spectrum, its
officers, employees, agents and contractors, in the performance of
the activities proposed under this agreement.
December 15, 1988
Page 847
XI.
Science Spectrum shall comply with all requirements as may be
imposed by law upon those receiving such funds and in the event of
any change in the Charter of the City of Lubbock, or of other
material law, or in the judicial interpretation of either, that
affects the ability of either party to perform this agreement, then
in such event the parties hereto agree that this agreement shall, at
the option of either party, be terminated by written notice and the
parties to negotiate a replacement contract of such terms as shall
conform to such change, if possible at law.
EXECUTED THIS the 15th day of December, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LSL Rita P. Harmon
Rita Harmon, Assistant City Manager
for Public Safety & Services
THE CITY OF LUBBOCK
BY: Isj B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
James P. Brewster, Civil
Trial Attorney
SCIENCE SPECTRUM
A Texas Non -Profit Corporation
BY: Is1 Cassandra L. Henry
Cassandra L. Henry,
President
BY: jsj Carole Collier
Carole Collier,
Secretary
On September 8, 1988, Joe McKay, Vice Chairman of
the Science Spectrum Board, appeared before the
Council to request funding in the amount of
$250,000 from the Hotel -Motel Tax Reserve for
Convention and Tourism Capital Projects. Council
approved the request with the understanding that
$125,000 would be paid October 1, 1989, with the
balance of $125,000 paid on October 1, 1991, or
sooner if funds were available.
Resolution #2990 authorizes the Mayor to execute
an Agreement between the City of Lubbock and the
Science Spectrum which contains the following key
provisions:
1. The Science Spectrum shall receive a
total of $250,000; of which $125,000
would be paid on October 1, 1989 with
the remaining balance of $125,000 paid
on or before October 1, 1991.
December 15, 1988
Page 848
88-47B-848-743
(34„)
2. The funds shall be used for expenses
related to the purchase and
installation of exhibits at the Science
Spectrum including items such as
display lighting, signs, literature,
audio-visual equipment, and furniture,
fixtures and equipment associated with
the displays.
3. The Science Spectrum shall provide
quarterly reports to the City on the
expenditures of the funds received and
the number of visitors attending the
exhibits.
4. The Science Spectrum shall, at their
expense, provide an annual audit to the
City on the expenditures and use of the
funds under the terms of the contract.
A copy of the Articles of Incorporation and a
list of the Board of Directors have been filed
with the City of Lubbock and City Staff
recommended approval.
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2990 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
Council rules currently call for work sessions to
begin at 8:00 a.m. on Council meeting days and
for the formal session to begin at 9:00 a.m. It
has been suggested that these times be moved back
to 9:00 a.m. for work session and 10:00 a.m. for
the formal session. In order to make those
changes, Council rules require that the proposed
change be submitted to Council in a formal
meeting, and that Resolution adopting the change
be authorized at a later meeting.
The Legal Department indicated that the practice
of holding Zoning Public Hearings at 9:30 a.m.
has been a matter of tradition rather than a
requirement of the rules. Consequently, no
change of rules would be required to begin
holding the Hearings at 10:30 a.m.
Councilman Phillips asked if Council could begin
Work Session at 8:30 a.m. to handle regular
agenda items, then come back and finish
discussion of the items after completing the
regular agenda. Councilman Carpenter was opposed
to this.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Carpenter to place ❑n the next
Council agenda a Resolution amending Rule III
A(1) (Meetings) of the Order of Business, Rules
and Procedures Manual regarding meeting times of
City Council. Motion carried: 7 Yeas; 0 Nays.
December 15, 1988
Page 849
88-47B-849-744
(35.)
88-47B-849-745
(36.)
88-47B-849-745
(37.)
88-417B-849-747
(38.)_
BID #9948--3 C.Y. Sideloading containers Solid
Waste Management).
Sanco Metal Fabricating--400 ea. side -loading
containers, 3 C.Y.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to accept low bids meeting
specifications. Motion carried: 7 Yeas; 0 days.
BID #9972--Radios (Radio Shop).
General Electric Mobile Communications--5 ea VHF
pager as per Spec 582020001; 9 ea. UHF pager as
per Spec 582010002; 3 ea radio monitor receivers
as per Spec 582010004; 2 ea UHF portable/mobile
radio as per Spec 582020006.
Motorola Communications--3 ea OF alert monitor
as per Spec. 582010003; 17 ea VHF portable radio
as per Spec. 582020001; 23 ea VHF mobile radio as
per Spec. 582020002; 85 ea UHF portable radio as
per Spec. 582020003; 44 ea UHF mobile radio as
per Spec. 5820200041; 1 ea motorcycle radio as
per Spec. 582020005; 10 UHF portable utility
radio as per Spec. 582020007.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to accept low bids meeting
specifications. Motion carried: 7 Yeas; 0 days.
Hold an Executive Session on personnel matters to
discuss appointments to:
Housing Standards Commission
Board of Electrical Examiners
Lubbock Libraries Board
P1 umbi ng Board
Lubbock Athletic Committee
Board of Managers of the Lubbock Emergency
Communications District
Community Services Commission
Motion was made by Councilman Phillips, seconded
by Councilman Maloy to appoint Dennis Wardroup
and Mike McLean to replace Edwin Stephens and
Harold Long, and reappoint Bill Adling and Ben
Ybanez to the Housing Standards Commission.
Motion carried: 7 Yeas; 0 days.
December 15, 1988
Page 850
88-47B-850-748
(39.)
88-47B-850-749
(40.)
88-47B-850-750
(41.)
88-47B-850-751
(42.)
88-47B-850-752
(43.)
Consider three -appointments to the Board of
Electrical Examiners. The terms of J. C. M res
Motion was made by Councilman Phillips, seconded
by Mayor Pro Tem Baker to reappoint J. C. Myres,
William Burt and Mark Montemayor to the Board of
Electrical Examiners. Motion carried: 7 Yeas; 0
Nays.
Consider two apQointments to the Lubbock
Libraries Board._ The terms of Dr. David _M urrah
and David D. Bass will expire on December 31t
1988. -
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to reappoint Dr. David
Murrah and David D. Bass to the Lubbock Libraries
Board. Motion carried: 7 Yeas; 0 Nays.
Consider three appointments_to the plumbing
8oard. The terms of Dwayne Agnew, Roger
Battistoni, and Bert Maze will expire on December
31, 1988.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to reappoint Bert Maze,
and to appoint David J. Branson and Art Cuevas to
replace Roger Battistoni and Dwayne Agnew.
Motion carried: 7 Yeas; 0 Nays.
Consider one appointment to the Lubbock Athletic
Committee. The term of Greg Sherwood will ex ire
on December 31,_1988.
Motion was made by Councilman Phillips, seconded
by Councilwoman Trejo to reappoint Greg Sherwood
to the Lubbock Athletic Committee. Motion
carried: 7 Yeas; 0 Nays.
Consider one appointment to the Board of Managers
of the Lubbock Emergency Communications District.
The term of Bill Payne will ex ire on January 9
1989.
Motion was made by Councilman Phillips, seconded
by Councilman Maloy to reappoint Bill Payne to
the Board of Managers of the Lubbock Emergency
Communications District. Motion carried: 7 Yeas;
0 Nays.
December 15, 1988
Page 851
88-478-851-753
(44.)
Consider four appointments to the Community
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to appoint Inez Baucum to
replace Sam Hill, Barbara Ginzberg to replace
Jeri Lynn Rieken, and Doris Tilson to replace
Ulises Gutierrez. (It was consensus of Council
to hold the appointment of the position vacated
by Mr. W. B. Cochran.) Motion carried: 7 Yeas; 0
Nays.
There being no further business to come before Council motion was
made by Councilman Phillips, seconded by Councilman Carpenter to
adjourn the meeting at 10:50 A.M. Motion carried: 7 Yeas; 0 Nays.
''B. C. McMINN, MAYOR
ATTEST:
(:i-
Rani Royd, City Secretary
READ AND, APPROVED THIS 12TH DAY OF JANUARY, 1989.
8. C. McMINN, MAYOR
ATTI-ST:
Rane t yd, City Secretary
opor>'In
AN 0•RDiNA11tEND-_-1 ,
ING ZONING OROJNANCi NO,
768.1 AWD TH gFFICIA1 MO
OF THt Cd Y OF L40L O.CK
MAKING THE FQLLD, i{FG
R — 14
CHANGES CASE NO. aexl i
THE STATE OF TEXAS
A ZONING CHANGE FROM R-1
TO AA06 ZON I NG ON LOTS 12 & 13.
COUNTY OF' LUBBOCK
BLOCK 2, WEST LAWN ADDI-
TION, LUBBOCK. TEXAS; PRO -
Frances Hernandez
Before me a Notary Public in and for Lubbock Cnunty,
VIDING A PENALTY; PROVID-
ING A SAVINGS CLAUSE AND
T. J Auf i 1 i , Account Manager
persnnallG appeared of the Sou
PROVIDING FOR PUBLICA-
TION.
pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Evening
ORDINAMC E192-M
being by me duly sworn did depose and sa'v that said newspaper has been published con
AN ORDINANCE AMEND -
than fifty-two weeks prior to the first insertion of this
ING ZONING ORDINANCE NO.
THEfCIAL MAP
827032
No, at Lubbock County. Texas and
l�o fi
OF�THE CITY QFAND.
LUBBOCK
MAKING THE FOLLOWING
ed copy of the e a ee is a true copy of the original and was prfnl
ZONING CHANGES FROM CHANGES: ZONE CASE
Avalanche -,Journal on the following dates: December 17, 24, 1988
,
GO
AN vSPECIFLOTS IC US AO
5 Q 7 Words (a .92 = 4 6 fi . 44
I TO GO ON LO75 22D461, GATE -
WOOD ADDITION, LUBBOCK,
TEXAS: PROVIDING A PENAL-
TY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR
-,�
PUBLICATION.
ORDINANCE nM
AN ORDINANCE ABANDOW
CaUN MANAGER :;r '.'ti
I �'
ING AND CLOSING A PORTION
X `
1-
OF A STORM WATER STORAGE
LUBBOCK AVALA'V['HE JnC'RNAI.
AND DRAINAGE EASEMENT
`�`„F�-��
Southwestern Newspapers Corporation
P
BLOCKLOCATED IN SECTION 11,
BLOCK E-7. LUBBOCK COUNTY,
TEXAS. AND MORE PARTICU-
LARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DI-
RECTING THE CITY ENGINEER
Subscribed and scorn to before me this V)_ day of ne «mb Q r�.19 RR
TO THRK THE OFFICIAL MAPS
E tTY'OF LOCO
REFLECT SAID ABANDON-
MENT AND CLOSING: PROVID-
ING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICA-
TION.
ORDI14ANCE #"o
AN ORDINANCE ESTAB.
FORM 58-10
Q