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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