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Home My WebLink AboutMinutes - City Council - Regular - 6/8/1989386 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 8, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 8th day of June, 1989 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman George Carpenter, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. ( 1.} The Invocation was given by Councilman T. J. Patterson. { 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. { 3.) Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve the Minutes of the May 25, 1989 Regular City Council meeting as written. Motion carried: 7 Yeas; D Nays. ( 4.) 89-48A-386-310 ( 6.) Board Appointments ORDINANCE #9281--Zi 34th Street --Re ui [for Banner UDhols, st of staniev b. er C- z to c-3 5necitic use (tor an uonoistery snooi on 0 ORDINANCE 09281 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAILING THE FOLLOWING CHANGES: ZONE CASE NO. 2630; ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE PERMIT FOR AN UPHOLSTERY SHOP ON LOT 19, BLOCK 13, COLLEGE VIEW ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 89-48A-386-311 { 7.} Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9281 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. r aonin ORDINANCE #9282 Case #2278-A (located north 4- nf' Al k.-%, Auav,tinI-- or on. June 8, 1989 Page 387 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2278-A; A ZONING CHANGE FROM A-1 TO R-1 SPECIFIC USE PERMIT FOR GARDEN HOMES ON LOTS 1346-1433, MEADOWS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 89-48A-387-312 ( 8.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baiter to pass on second and final reading Ordinance #9282 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9283--Zone Case #2631 located at 23 50th Street) --Request of Dr. Randy C. Bullard DVM for zoning change from C-2A to C-2A 5 ecif Use (for a Veterinary Clinic) on Lot_ 35, Dollie Mac 2nd Addition. ORDINANCE #9283 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2631; A ZONING CHANGE FROM C-2A TO C-2A SPECIFIC USE PERMIT FOR A VETERINARY CLINIC ON LOT 35, DOLLIE MAC 2ND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 89-48A-387-313 ( 9.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9283 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9284 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 915-B; A ZONING CHANGE FROM R-3 SPECIFIC USE TO C-2 ZONING ON LOTS 9, 10, 10-A & THE NORTH 6.61` OF LOT 12, BRIERCROFT OFFICE PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 89-48A-387-314 (1.0.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9284 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RDINANCE conaitions ORDINANCE #9285 an or zonlnq cnanpe Trom n. June 8, 1989 Page 388 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1515-B; A ZONING CHANGE FROM C-4 WITH CONDITIONS TO C-3 ZONING ON LOT B, CONE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Mayor Pr❑ Tem Baker to pass on second and final reading Ordinance #9285 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-388-315 (11.) ORDINANCE #9278--Abandoning and c on. ORDINANCE #9278 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A UTILITY EASEMENT IN LOT 3, CAMELOT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUB80CK 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 t❑ pass on second and final reading Ordinance #9278 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-388-316 (12.) ORDINANCE #9280--Amends Section 23-15 of the Code of Ordinances regarding Permits for Removal of Hazardous Waste. ORDINANCE #9280 AN ORDINANCE AMENDING SECTION 23-15 OF THE CODE OF ORDINANCES OF THE: CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITS FOR REMOVAL OF HAZARDOUS, INFECTIOUS OR HARMFUL WASTE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. On May 25, 1989 the City Council passed on first reading an ❑rdinance which provided for additional requirements for private haulers involved in the collection and transport of hazardous, infectious, or harmful wastes. This ordinance change regarding medical waste was precipitated by new regulations issued by the Texas Department of Health. It sets out requirements for persons engaged in the business of collection and transport of these wastes. The provisions include the requirement that a hauler show proof of proper licensing of compliance with insurance requirements and that the application fee has been paid. It will also be necessary for a hauler to designate routes to be followed. In response to instruction t❑ Staff by Council to notify the local private haulers ❑f the provisions of this ordinance change prior t❑ consideration for second reading, the Solid Waste Superintendent discussed the proposed ordinance with Fabit and BFI. Both companies advised they do not foresee problems with the proposed changes. June 8, 1989 Page 389 The following information explains the affect of the new Texas Department of Health regulations: Up to now, the regulations provided that medical wastes be stored, collected and transported separately from other refuse, and also that it be placed in proper containers. At the Landfill, these materials are dumped and immediately covered with 3' of other refuse. The larger hospitals own incinerators and dispose of medical wastes in that fashion and smaller hospitals and medical facilities satisfied regulations by placing packages ❑f medical wastes in locked garbage containers which are then picked up by the Solid Waste Management Department on special medical waste -only routes. presently, six customers which receive twice -weekly pickup of medical waste. The new regulations provide that medical wastes must be "treated" upon arrival at the disposal site by steam heat, chemicals, or incineration. Treatment is the responsibility of the generator ❑f the waste; therefore, the medical facilities may treat the waste before it is picked up or may contract for treatment which would occur before it is disposed ❑f at the Landfill. The Solid Waste Management Department does not have the expertise or the equipment to provide treatment service to institutions or individuals who generate medical wastes. The proposed ordinance change provides the means by which the City of Lubbock can determine that the persons ❑r firms providing this service are permitted or licensed (if required), have proper insurance, and are handling and disposing ❑f wastes in accordance with applicable regulations. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker t❑ pass on second and final reading Ordinance #9280 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 89-48A-389-317 (22.) Consider Resolution #3114 authorizing the Mayor to execute an Agreement for the Railroad Crossi rec ai i r RESOLUTION #3114 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: riin THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City ❑f Lubbock an Agreement for crossing reconstruction and repairs on Quirt Avenue to be entered into by and between the City ❑f Lubbock and Burlington Northern Railroad Company, 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. June 8, 1989 Page 390 Passed by the City Council this 8th day of June, 1989. ATTEST: Is/ Ranette Boyd _ Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Larry D. Hertel Larry D. Hertel, City Engineer Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney AGREEMENT between BURLINGTON NORTHERN RAILROAD COMPANY and CITY OF LUBBOCK, TEXAS A Municipal Corporation Covering construction or rubber crossing surface at Burlington Northern Railroad tracks and quirt Avenue, in the City of Lubbock, Lubbock County, Texas. THIS AGREEMENT, entered into the day and year last below written, by and between the Burlington Northern Railroad, hereinafter called the "Railway Company", and the City of Lubbock, Texas, a municipal corporation, hereinafter called the "City", WITNESSETH: The City proposes to upgrade track crossing on quirt Avenue in the City of Lubbock, Lubbock County, that will require the construction of a rubber surface crossing, hereinafter called the "crossing". The proposed construction will include grading, drainage, surfacing, installation of railroad grade crossing at the proposed crossing. It is agreed that each of the parties hereto shall perform certain work in connection with the construction and maintenance of the project, and that the expense of construction and maintenance thereof shall be borne as hereinafter provided. AGREEMENT: ARTICLE I In consideration of the covenants of the City hereinafter contained and the faithful performance thereof, the Railway Company agree:, ]L. To license or permit, without compensation other than the covenants of the City hereinafter contained, the construction and use of saiid,crossing, including drainage structures appurtenant to the project on its right-of-way (as shown in "Exhibit B"), and in accordance with the plans for the proposed project, as approved by the parties hereto; reserving, however, the Railway Company, its successors, assigns, tenants or lessees the right to construct, operate, rearrange and maintain along or across said right-of-way such tracks and facilities over said crossings and such pipe lines, m communication, signal and electrical transmission lines, either over or under said crossings, as the Railway Company, its successors, assigns, lessees or tenants may find necessary and convenient, provided that any such construction, reconstruction, rearrangement, etc. does not in any way endanger or unnecessarily impair the use of said crossing. June 8, 1989 Page 391 2. To prepare plans and estimates for approval of the City t❑ furnish all materials for the following item of work: (a) The removal of existing crossing surfaces. (b) The installation ❑f rubber crossing surfaces. (c) Make temporary and permanent adjustment of its tracks; wire lines, fences and ❑ther Railway Company facilities. (d) Furnish railway flagging. (e) Any ❑ther railway work necessary t❑ complete this project as planned and approved, including removal and replacement of tracks, track structures and appurtenances. 3. To provide railway flagging service during performance of the contractor's operations in accordance with the Special Provisions for Flagging included in the construction contract. 4. To provide railway field engineering and inspection to the extent that such engineering and inspection is believed t❑ be necessary to protect the Railway Company's interests during the construction period. 5. To ❑btain all materials purchased for its portion of the work. 6. To sample and test all materials used in its portion of the work, and to reject all materials which d❑ not conform to the governing specifications. 7. To commence its portion of the work as soon as possible after receipt ❑f notice from the City to do so, and to prosecute such work diligently to the conclusion of its ❑bligations hereunder. This is with the understanding that the various portions of work will have to be done in sequence t❑ comply with the construction phases. 8. 'To grant the City's representatives access to all parts ❑f the work at all times. 9. To keep its account of work performed hereunder in such a manner that they may be readily audited by representatives of the City and ,actual costs plus additives of such work readily determined, and to grant said representatives free access to such accounts at all reasonable times. 10. WHEREAS, said crossing has been constructed and it is the intent of the parties t❑ provide for allocation ❑f costs of maintaining said crossing and the active warning devices protecting same; (a) Railway Company hereby agrees, during the term of the agreement, t❑ maintain, renew, rehabilitate and repair the crossing and the tracks of Railway Company end of tie t❑ end of tie. (b) This agreement shall remain in force and effect so long as crossing crosses the tracks ❑f Railway Company, unless terminated by mutual consent of the parties hereto. 11. The Railway Company shall pay for the items as shown on page 1 of Exhibit A hereto attached. June 8, 1989 Page 392 ARTICLE II In consideration of the covenants of the Railway Company hereinbefore contained and the faithful performance thereof, the City agrees: 1. To provide and place necessary asphalt. Z. To arrange for the closing of road and detour of traffic during construction. :3. To sample and test all materials used in its portion of the work and reject all materials which do not conform to the governing specifications. it, To appoint and keep competent inspectors on the work under its supervision. 5. To construct a barrier or curb on West approach to narrow City Street to maximum of 40 feet usable width at railroad crossing. 6. The City shall have the right to inspect the work to be performed hereunder by the Railway Company at any time during its progress and to make final inspecton upon completion thereof. Failure of the City to object, within twenty (20) days after final inspection, shall indicate satisfactory performance on the contract by the Railway Company; however, written approval may be made by the City within the 20 day period. ARTICLE III 1. The City shall reimburse the Railway Company for material expenses incurred by said Railway Company in performance of work ❑utlined under Article I, Sections 2 through 6, as defined in estimate dated April 5, 1989 and shown on page 2 of Exhibit A hereto attached. 2. The City shall pay the entire amount due on the contract or contracts let by it for the construction of work set forth in Article II of the Agreement. 3. Reimbursement to the Railway Company will be made for materials furnished, including, but not limited to, insurance premiums and coverage at the rate and amount set forth in the approved cost estimate attached ($19,900) and in accordance with the provisions of Federal Aid Highway Program Manual, Volume 1, Chapter 4, Section 3, issued by the Federal Highway Administration on April 25, 1975, and amendments thereto except as modified by the provisions herein. 4. Railroad and utility company bills. Upon satisfactory completion of the work performed by the Railway Company under this agreement and receipt of a statement in proper form, the City shall make payments to the Railway Company. ARTICLE IV "The Railway Company agrees in the performance of this contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion ❑f affiliation, against any employee of the Railway Company of applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder." June 8, 1989 Page 393 IN WITNESS Agreement to be representatives ATTEST: /s E. A. Wilson WHEREOF, the parties hereto have caused this executed by their duly authorized officers of on the dates set forth below. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: sl Larry Hertel Larry Hertel, City Engineer BURLINGTON NORTHERN RAILROAD COMPANY Is A. J. Thompson A. J. Thompson, General Manager Date: 6-20-89 CITY OF LUBBOCK, TEXAS Is1 B. C. McMinn B. C. McMINN, MAYOR Date: June 8, 1989 APPROVED AS TO FORM: s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney ESTIMATE SHEET FILED WITH RESOLUTION 03114 This Agreement has been negotiated with Burlington Northern Railroad for their single track crossing of Quirt Avenue at approximately 58th Street. The reconstruction of this crossing is in conjunction with the City's street widening project on Quirt Avenue from 50th Street to the Sl aton Highway. The railroad will make necessary track adjustments, replace the ties and construct the rubber crossing. Burlington Northern's estimate (Exhibit "A" of the Agreement) indicates a total cost of the full -depth rubber crossing to be $35,950 (City's portion estimated to be $19,900; and the railroad's portion $16,050). The City will be billed their portion of actual cost upon completion. A similar Agreement with Santa Fe for their single track crossing is forthcoming and a full - depth rubber crossing is being negotiated for their track. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3114 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-393-318 (23.) Consider Resolution #3115 authorizing th Of -Way Department to make a formal offer Rodnev A. Phillips and wife. Pamela R. P for Lot 20 and the east 15' of Lot 19, b i ocK _li, Mvrtle Slaton Addition. June 8, 1989 Page 394 RESOLUTION #3115 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 Indiana 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: Lot Twenty (20) and the East Fifteen (15) feet of Lot Nineteen (19), Block Eleven (11), Myrtle Slaton Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners ❑f said tract, being Rodney A. Phillips and his wife, Pamela R. Phillips, BE offered through the Right -of -Way Department of the City ❑f Lubbock the amount of $71,267.91„ 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 t❑ acquire the fee simple title t❑ said land as here- inabove described for public purposes and municipal purposes. Passed by the City Council this 8th day of June, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is Ed Buc Ed Bucy, Right -of -Way Agent Is B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Harold Willard Harold Willard, Assistant City Attorney This property is located at the northwest corner of 38th Street and Indiana Avenue (3402 38th Street) and is needed for the widening of Indiana Avenue. The Lubbock Central Appraisal District has this property valued at $70,100. To widen Indiana Avenue, properties are being purchased along its west side. Of the 27 ❑riginal parcels to be acquired, one is a commercial tract (Lena Stevens) and 26 are residential. Including these two new resolutions t❑ make offers, 12 residential properties will have been acquired, with 14 residential properties to be purchased. Mr. and Mrs. Phillips have not made a payment to their mortgage company since January, 1989, and the house is in the beginning stages of foreclosure. The payoff through Lomas Mortgage June 8, 1989 Page 395 U.S.A. is $71,267.91, which is Staff's recom- mended offer and is less than the purchase price of $72,380. Also, the IRS has filed a $14,000 lien against this property, but they have agreed to drop their interest on this property if the City acquires it now. There may be additional problems and costs involved if the City attempts acquisition during a foreclosure. Larry Hertel, City Engineer, stated that the sale will not be finalized until the City receives a written and signed Release of Lien from the IRS. One million dollars in bond money was approved in the 1987 bond issue for purchase of these properties, and $500,000 of this bond money was sold and spent last year. This year's bonds ($500,000) will be sold later in the summer. Money for these two purchases will come from the Street Improvement Fund. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Mayor Pr❑ Tem Baker to authorize Resolution 03115 as recommended by Staff and subject to full release by IRS. Motion carried: 7 Yeas; 0 Nays. 89-48A-395-319 (24.) Consider Resolution #3116 authorizing the Ri Of-Wav Deoartment to make a formal offer to son and wife, Theresa J. Nelson, Tor the 5' ❑f Lot 19 and all of Lot 20. Block 14 aton Addition No. 2, an addition. RESOLUTION #3116 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 municiipal public uses and purposes, to -wit: for the widening of Indiana 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 descriibed 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: The East 15 feet ❑f Lot 19 and all of Lot 20, Block 14, Myrtle Slaton Addition No. 2, an Addition t❑ the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said tract, being Gene G. Nelson and his wife, Theresa J. Nelson, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $64,722, which is the amount: appraised as the value and total damages for the fee simple title and acquisition ❑f said real estate hereinabove described, for the use and benefit ❑f the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney ❑f said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings t❑ acquire the fee simple title t❑ said land as hereinabove described for public purposes and municipal purposes. June 8, 1989 Page 396 Passed by the City Council this 8th day of .tune, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Buc Ed Bucy, Right -of -Way Agent 89-48A-396-320 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant This property is located at the northwest corner of 41st Street and Indiana Avenue (3402 41st Street) and is needed for the widening of Indiana Avenue. The Lubbock Central Appraisal District valued the property at $64,722, which is the recommended offer to Mr. and Mrs. Nelson. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #3116 as recommended by Staff. Motion carried: 7 Yeas; O Nays. (25.1 Consider Resolution #3117 authorizing the Ma or to execute a Contract with Wilbur Smith associates to conduct a study of ten high accident intersections. RESOLUTION #3117 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THA17 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 to be entered into by and between the City of Lubbock and Wilbur Smith Associates (consultants), to conduct a study of ten (10) high accident intersections in the City of Lubbock with the intersections to be studied and determined by the City Traffic Engineer, and the Texas State Department of Highways and Public Transportation District Five Engineer, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of .tune, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s David E. Woosley David E. Woosley, City Traffic Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney June 8, 1989 Page 397 CITY OF LUBBOCK, TEXAS CONSULTANT CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF LUBBOCK (City) and WILBUR SMITH ASSOCIATES (Consultant), to conduct a study of ten (10) high accident intersections in the City of Lubbock.. The intersections to be studied will be determined by the Cit_v Traffic Engineer and the Texas State Department of Highways and Public Transportation District Five Engineer. AGREEMENT: 1. This Contract becomes effective on June 8, 1989, and shall germinate on or before September 30, 2989, unless ❑therwise germinated or modified as hereinafter provided. 2. Consultant shall perform the services identified in the statement ❑f services, attached hereto as Exhibit A and made a Part hereof, and herein called the "work". This Contract shall be administered on behalf of the City by the Traffic Engineer for the City. 3. For the performance ❑f the work by the Consultant, City agrees to pay Consultant for all services approved by the Traffic Engineer, a sum not to exceed $20,000, including fixed fee of $2,115. The Consultant will be paid on the basis of reimburseable cost plus fixed fee. Estimated projects costs are attached hereto and marked Exhibit B. All allowable costs for reimbursement under this contract must be in accordance with 49 C:FR Chapter 1, Part 31, Federal Acquisition Regulation (FAR 31). 4. ?'he Consultant shall submit invoices to the City for payment. The City shall reimburse the Consultant 95% of those eligible program costs included on each of the Consultant's claims within thirty days from receipt of the Consultant's claim, provided the invoice is properly prepared, executed and documented. The City shall reimburse the Consultant the 5% retainer upon the City's receipt of the acceptable required copies of the Consultant's final report and a notice of final acceptance ❑f the work done under this Contract from the State. 5. The term of this Contract shall begin with execution hereof. All work is planned to be completed within three months; however, the Consultant will not be held responsible for delays outside his control such as late delivery ❑f data supplied by the City or delays in scheduling meetings. The Traffic Engineer may extend the duration of the project. 6. The Traffic Engineer may terminate the performance of work in whole or in part on ten (10) days written notice t❑ Consultant. City agrees to pay Consultant for all services completed prior to the effective day of such notice. 7. The Consultant shall make such revisions in the work included in this contract which has been completed as are necessary to correct errors appearing therein when required t❑ do so by the City. No additional compensation shall be paid for this work. If the City finds it necessary to request changes in previously satisfactory completed work or parts thereof, the Consultant shall make such revisions if requested and as directed by the City by supplemental agreement. This will be considered as additional work and paid for as specified under paragraph 8. 8. Work not specifically described under Exhibit A, "Work Plan", must be approved by supplemental agreement to this Contract by the City before any additional work can be undertaken by the Consultant. If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope ❑f this June 8, 1989 Page 398 Contract and constitutes extra work, the Consultant shall promptly notify the City in writing. In the event the City finds such work does constitute extra work, then the City shall provide extra compensation for doing this additional work on the same basis as covered under paragraph 7 and as provided under a supplemental agreement. The fixed fee shall be adjusted if additional work is approved by supplemental agreement and performed by the Consultant. 9. The Consultant warrants that he has access to all required equipment and instrumentation required for work under this Contract, and that equipment and instrumentation will be available for Contract work. All employees of the Consultant shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Consultant who, in the opinion of the City, is incompetent or whose conduct becomes detrimental t❑ the work, shall immedately be removed from association with this Contract. 10. Consultant shall defend, indemnify and hold the City, the State, and F!;riA whole and harmless against any and all claims for damages, costs, injuries, and expenses to persons ❑r property arising out of, or in connection with, any negligent act, error, or omission of Consultant, its officers, employees, agents, associates ❑r subcontractors, in the performance of this Contract. 11. This Contract is made subject to the charter and regulations of the City, as amended, and all applicable laws of the State of Texas. Venue of any legal action under this Contract shall be exclusively in Lubbock County, Texas; and in construing this Contract, the laws and court decisions of the State of Texas shall control. 12. U. S. Department of Transportation Requirements. A. Audit and Inspection ❑f Records. The Consultant shall permit the authorized representatives of the City, the U. S. Department of Transportation, and the Comptroller General of the United States to inspect and audit all data records ❑f the Consultant relating to his performance under this Contract until the expiration of three (3) years after final payment under this Contract. The Consultant further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City, the Department of Transportation, and Comptroller General of the United States or any of their duly authorized representatives shall, until the expiration of three (3) years after final payment under subcontract, have acess to and the right to examine any directly pertinent books, documents, papers, and records of such contractor, involving transactions related to the subcontractor. The term "'subcontract" as used in this clause excludes (1) purchase orders not exceeding $10,000 and (2) subcontracts ❑r purchase orders for public utility services at rates established for uniform applicability t❑ the general public. fit: Equal Employment Opportunity. In connection with the execution of this Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, ❑r national origin. The Consultant shall take affirmative actions to ensure that applicants are employed, and that employees are treated, during their employment, without regard to their race, religion, color, sex, or national ❑rigin. Such actions shall include, but not be June 8, 1989 Page 399 limited to, the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff, or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. C. Interest of Members of Congress. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. D. Interest of Public Officials. No member, officer, or employee of the public body ❑f or a local public body during his tenure or for ❑ne year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. E. Minority Business Enterprise. In connection with the performance of this Contract, the Consultant will cooperate with the City in meeting its commitments and goals with regard t❑ the maximum utilization ❑f minority business enterprises and will use its best efforts to ensure that minority business enterprises shall have the maximum practicable opportunities to compete for subcontract work under this Contract. F. Compliance With Regulations. During the Performance of this Contract, the Consultant, for itself, its assignees, and successors agrees to comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code ❑f Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made part of this Contract. 13. Ownership of Engineering Documents. Data, computer media, reports and maps prepared or obtained under the terms of this Contract will be delivered to and become the property of the City. Study charts, computations, original drawings, and other data prepared or obtained under this Contract will be made available, upon request, to the City without restriction or limitation ❑n their use. No material produced in whole or in part under this Contract will be subject to copyright. 'The Consultant shall submit five (5) draft copies ❑f the final report to the City for review before the final printing. Twenty (20) bound copies and two (2) loose-leaf (3-ring notebook bound) copies of the final report shall be provided after approval. 'The Consultants endorsement will be placed on the documents produced under this Contract. All official reports published by the Consultant for the City as a result of this project will contain an acknowledgment as follows: "Prepared in cooperation with the U. S. Department of Transportation, Federal Highway Administration." Further, for reports prepared for distribution to the public, a disclaimer statement as follows will be included: "The contents of this report reflect the views of the Consultant, which is reponsible for the facts and the accuracy of the data presented herein. The contents do not necessarily reflect official views or policies of the City of Lubbock, the State Department of Highways and Public Transportation or the Federal Highway Administration." 14. .Arbitration. Any dispute concerning a question of fact in connection with the work not disposed of by agreement between the Consultant and the Traffic Engineer will be referred to the City Manager, City of Lubbock. June 8, 1989 Page 400 15. Subcontracts. The prime contractor is required to perform all work under this contract except specialized services or other tasks specifically exempted by this contract. 16. Substitution of Subcontractors. The City must approve all substitution of subcontractors to determine if the minority business enterprise percentage goal will be decreased by substitution of a minority contractor with a majority contractor. 17. Accident Reports. The City shall make available to the Consultant all traffic accident reports for each intersection studied occurring during 1986, 1987, and 1988, at the office of the City Traffic Engineer. EXECUTED THIS the 8th day of June, 1989, by CITY. CITY OF LUBBOCK WILBUR SMITH ASSOCIATES /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ David E. Woosley David E. Woosley, City Traffic Engineer /s/ E. L. Walker,_Jr. E. L. WALKER, JR., Regional Vice -President APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney EXHIBIT A„ EXHIBIT B, AND CONTRACTOR CERTIFICATION ON FILE WITH RESOLUTION #3117. On April 27, 1989, the City Council authorized the Traffic Engineering Department to negotiate a Contract with Wilbur Smith Associates, for the study of ten high -accident intersections. The Contract has been approved by the Federal Highway Administration and the State Department of Highways and Public Transportation. The amount of the Contract is $20,000 and is funded 100% by a grant from the SDHPT. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize Resolution #3117 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-400-321 (26.) . Consider Resolution #3118 or campus bus service. RESOLUTION #3118 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for bus service on the campus of Texas Tech University at Lubbock, Texas, and City Transit Management Company, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this resolution as if fully copied herein in detail. June 8, 1989 Page 401 Passed by the City Council this 8th day ❑f June, 1989. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Larry Hoffman /s/ J. Worth Fullingim Larry Hoffman, Director of J. Worth Fullingim, Transportation Assistant City Attorney CONTRACT FILED WITH RESOLUTION #3118 The Contract with Texas Tech University for transit services is for the period beginning September 1, 1989, and ending August 31, 1990. Contract cost per hour will be $28 for each bus hour with fuel cost adjustment below ❑r above $1.05 a gallon. The current Contract's base rate is $27 per bus hour and the main reason for the increase in the Contract hourly cost is the increased workers compensation premiums, fleet liability insurance premium and high maintenance costs for the buses. Staff recommended approval. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #3118 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-40.1-322 (27.) Consider Resolution #3119 authorizing the City Manager t❑ approve an application for a Grant continue funding the South Plains Regional Narcotics Task Force. RESOLUTION #3119 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 t❑ 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 ❑f this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of June, 1989. s B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary June 8, 1989 Page 402 APPROVED AS TO CONTENT: /s/ Thomas J. Nichols Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney GRANT APPLICATION FILED WITH POLICE DEPARTMENT This grant application is being made in conjunction with the Governor's Anti -Drug Abuse Program. The 52 law enforcement agencies represented in the South Plains region cover 13,000 square miles and are responsible to approximately 376,DOO people located in 15 counties. Narcotic trafficking on the South Plains should be considered multi -jurisdictional with the success of each individual law enforcement agency in its operation having a direct effect on criminal activity in neighboring jurisdictions. Illegal narcotic trafficking is a regional problem requiring regional coordination. The citizens of the 15-county region, including the City of Lubbock, would greatly benefit from this program. By identifying transient narcotic dealers and coordinating efforts to monitor their activities, the program will facilitate an effective impact on the narcotic problem in the 15-county region. Four Lubbock police officers will be responsible for gathering, evaluating, analyzing, and disseminating intelligence information on narcotic trafficking within the 15-county region. Further, they will maintain an effective communication network with local jurisdictions concerning criminal violator activity. This approach will be promoted by an effective coordination of enforcement priorities and an efficient violator apprehension program working closely with the Drug Enforcement Administration, Department of Public Safety, and County and City law enforcement agencies. The unit would also lend investigative support to local juris- dictions. Awards for this grant have been set for October 1, 1989. The total request for funding is $281,680, with the City's contribution being $5,000 which is 25% of the confidential funds used for the purchase of illegal drugs and information. To assure compliance with the requirements ❑f the program, each participating agency must sign an Interiocal Agreement with the City of Lubbock. Staff recommended approval of this grant application. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3119 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. June 8, 1989 Page 403 89-48A-403-323 (28.) Consider Resolution #3120 accepting water and sewer improvements for proposed Frontier Dodge Tract, Spur 327 Autoplex Addition. RESOLUTION #3120 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR PROPOSED FRONTIER DODGE TRACT, SPUR 327, AUTOPLEX ADDITION. WHEREAS, the developer ❑f Proposed Frontier Dodge Tract, Spur 327, Autoplex Addition has complied with the provision ❑f the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said tract in accordance with paragraph 156 of said Chapter- 28, and WHEREAS, the total utility cost to the developer is $31,255.28 with the improvements constructed by Panhandle Construction Company having a value of $27,613.59 as determined by the unit prices established by said Chapter 28, and $3,641.69 due to the City at time of final platting, with Frontier Dodge, the developer to receive a refund of $6,779.62 in accordance with Chapter 28 of the Code ❑f the City elf Lubbock; 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 $6,779.62 be made in accordance with said Chapter 28. SECTION 3. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 8th day of June, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer /s/ B. C. McMinn _ B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ 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. The total cost of the improvements is $31,255.28 including value of construction costs of $27,613.59 and $3,641.69 due the City at the time of final platting. The developer, Frontier Dodge, has dedicated all necessary streets and easements required for the improvements, and will receive a refund of $6,779.62 in accordance with Chapter 28 of the City of Lubbock Code. Staff recommended accepting the improvements. June 8, 1989 Page 404 Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3120 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-404-324 (29.) Consider Resolution #3121 accepting water and sewer improvements for proposed Lubbock Development, Inc. Tracts, Spur 327 Autoplex Addition. RESOLUTION #3121 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR PROPOSED LUBBOCK DEVELOPMENT, INC. TRACTS, SPUR 327, AUTOPLEX ADDITION. WHEREAS, the developer of Proposed Lubbock development, Inc. Tracts, Spur- 327, Autoplex Addition have complied with the provision ❑f the City of Lubbock Code, Chapter 28, Article IV, 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 will be $96,367.12 with the improvements constructed by Panhandle Construction Company having a value of $35,561.99 as determined by the unit prices established by said Chapter 28, and $60,805.13 due to the City for adjacent line costs at the time of final platting. There is no refund due in accordance with Chapter 28 of the Code of the City of Lubbock; and WHEREAS, the construction ❑f 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 this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 8th day of June, 1989. ATTEST: s Ranette Boyd Ranett:e Boyd, City Secretary APPROVED AS TO CONTENT: /s/ lford D. Watson Wilford 0. Watson, Chief Water Utilities Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingin J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost to the developer will be $96,367.12 including value ❑f construction costs of $35,561.99 and $60,805.13 due to the City for adjacent line costs at the time ❑f final platting. The developer has dedicated all necessary streets and easements required for the improvements. N❑ refund is due June 8, 1989 Page 405 the developer. Staff recommended accepting the improvements. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3121 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-405-325 (30.) Consider Resolution #3122 authorizing the Mayor to sign Change Order #1 to the Contract for Ransom Canyon Water Supply Line. RESOLUTION #3122 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment by Change Order to a Contract previously entered into between said City and Utility Contractors of America, Inc. for construction of a water supply line for Buffalo Springs Lake and Lake 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. Passed by the City Council this 8th day of June, 1989. /s/ B. C. McMinn _ B. C. McMINN, MAYOR ATTEST: sl Rainette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Wilford D. Watson Wilford D. Watson, Chief Engineer for Water Utilities TO: Utility Contractors of America, Inc. 5520 Brownfield Highway Lubbock, TX 79407 Original Amount of Contract New Amount this Change Order Amended Amount of Contract Addition Time of Completion APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney WATER SUPPLY LINE FOR BUFFALO SPRINGS LAKE AND LAKE RANSOM CANYON 2123-553102-9361 $69,399.00 $18,307.47 $87,706.47 July 28, 1989 WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and Contractor agree to the change shown herein and in the attached exhibits and data and the Owner and the Contractor agree that the original contract between them shall be modified and amended to the extent herein indicated. June 8, 1989 Page 406 IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 8th day of June, 1989. CITY OF LUBBOCK OWNER /s/ B. C. McMinn ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary RECOMMEND FOR APPROVAL: /s Guy W. Wilson Guy W. Wilson, Chief Engineer Water Utilities BREAKDOWN OF CHANGE UTILITY CONTRACTORS OF AMERICA /s/ G. Y. Liue Item 1: Add control valve, piping, fittings, and concrete box to be constructed at water storage tank, Lake Ransom Canyon as follows: Control Valve, Pipe and Fittings $2,963.67 Labor 1,855.00 Concrete Vault 2,850.00 15% Overhead and Profit 1 150.30 TOTAL ITEM #1 8,818.97 Item 2: Extension of time through July 28, 1989 for completion of Item One only, to allow for delivery of materials and installation. Item 3: E,xtra work due to rerouting pipeline and to material handling. 1. Cement - soil stabilization backfill - 65 C.Y @ $61.00 $ 3,965.00 2. Special barricades for creek crossing 500.00 3. Grubbing and clearing right-of-way 1,500.00 4. Furnish and install steel casing in open trench - 142.5 L.F. @ $61.00 8,692.50 5. Load and haul extra pipe to warehouse 1,000.00 6. Provide miscellaneous materials, including fittings, gaskets, bolts etc., not available at City Warehouse 1 331.00 TOTAL ITEM #3 16,988.50 Item 4: Deduct for scheduled work not to be performed on this project. 1. 100 Feet of furnished and installed steel casement in bored tunnel @ $75.00 per foot. 7,500.00) TOTAL ITEM #4 ( 7,500.00) TOTAL AMOUNT OF CHANGE ORDER 18 307.47 Dan Hawkins, Director of Water Utilities, explained that this item includes four areas of change to the original Contract. Item #1 includes the cost of furnishing and installing a control valve to regulate the water level of their ground storage reservoir, June 8, 1989 Page 407 including all necessary pipe and fittings as requested by Ransom Canyon. This item was requested by the Town of Ransom Canyon and they have agreed to pay 100% of this cost, which is $8,818.97. Item #2 would extend time of completion for Item 1 to July 28, 1989. Item #3 covers the cost for extra work items due to rerouting of the pipeline. The Highway Department had certain special requirements for the pipeline where it crossed over their existing culvert. Item #4 is a deduct of 100' of bored tunnel due to rerouting of the pipeline. The total amount of this Change Order is $18,307.47, with $8,800 to be paid by the Town of Ransom Canyon. Mr. Hawkins added that the water would be turned on Monday, June 12 at 10:00 a.m. and this change order will not delay the beginning of this water service. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to authorize Resolution #3122 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-407-326 (33.) Consider write-off of uncollectible accounts. Assistant City Manager Robert Massengale stated that each year, Staff gathers all accounts receivable and returned checks believed to be uncollectible and writes them off at one time. The write-off occurs annually on the advice of the bond rating agencies to preserve the City's good rating. After write offs, they are maintained on file and collection efforts continue. Historically, Staff successfully collects 5-10% on some of these accounts. Mr. Massengale further stated that 1.25% of total accounts were written off. This compares to last year's 1.50%. Since annual reserves are set up for these write- offs and the accounts relate to the prior year's operations, the write-offs will not affect the current year's operating statement. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Patterson to approve write off of uncollectible accounts as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. June 8, 1989 Page 408 89-48A-408-327 (34.) Consider Resolution #3123 authorizing to execute an Agreement with American for automated clearing house services RESOLUTION #3123 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 ACH Origination Agreement entered into by and between the City of Lubbock, Texas and American State Bank of Lubbock, Texas, for electronic debit and credit transactions, 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 8th day of June, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Robert Massengale Robert Massengale, Assistant City Manager for Financial Services /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney ACH ORIGINATION AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT is entered into by and between AMERICAN STATE BANK, Lubbock, Texas, a state banking association (hereinafter re- ferred to as "Bank") and THE CITY OF LUBBOCK, a Home Rule Municipal Corporation, chartered under the laws of the State of Texas, with its domicile in Lubbock County, Texas (hereinafter referred to as "City"). WHEREAS, Bank is a Participating Bank in the National Automated Clearing House Association ("NACHA") and the Southwestern Automated Clearing House Association ("SWACHA); and WHEREAS, City wishes to make use of certain transfer facilities that Bank is able to offer as a Participating Bank for the purpose of initiating credit and debit entries pursuant to the terms of this Agreement and the rules of NACHA ("Rules") as presently in effect and amended from time to time, it being understood that the operating Rules of NACHA constitute the operating Rules of SWACHA as expressly modified; and WHEREAS, Bank is willing to act as an Originating Depository Financial Institution ("ODFI") with respect to credit and debit entries initiated by City that comply with the Rules and this Agreement; NOW THEREFORE: Bank and City hereby enter into the following Agreement con- sisting of the following definitions, presentations, covenants, warranties and conditions, which definitions, representations, covenants, warranties and conditions shall be in addition to and not in lieu of the representations, covenants and warranties made by City June 8, 1989 Page 409 under the Rules and the definitions and conditions thereunder, unless the latter are expressly negated or amended between the parties hereto by the express terms of this Agreement: 1. Rules. City acknowledges receipt of a copy of the Rules and agrees to comply with and be subject to the Rules which are now in effect and as the same may from time to time be amended. Without limiting the generality of the foregoing, City represents and covenants that it shall take all prelimi- nary steps as outlined in the sections(s) of the Rules per- taining to Originating Companies, and any amendments of such sect°ion(s), prior to initiating Entries, as hereafter defined, with Bank. 2. Authorization Agreement. City shall execute an Au- thorization Agreement with all employees to whose accounts direct deposits of wages are to be made, and with all other individuals or entities where accounts are to be credited or debited pursuant to this Agreement. City shall retain the Au- thorization Agreement in original form while it is in effect and -in original or microfilm form for a period of two (2) years after its termination or revocation and shall provide the Bank or the Receiving Depository Financial Institution (hereinafter referred to as "RDFI") listed in such Authorization Agreement with a copy of each Authorization Agreement upon request. All employees receiving direct deposits as described above or other individuals or entities whose accounts are to be credited or debited with funds through Entries initiated by City shall hereafter be referred to as "Receiver." 3. Preparation of Entries. Bank shall prepare Prenotifications and Entries (hereinafter referred to collectively as "Entries") on the basis of data transmitted by City. Such data (hereinafter referred to as "Entry Data") shall be in the form, have the content, and be transmitted to the Bank location set forth in Schedule A attached hereto. Bank may change such requirements from time to time upon thirty (30) days written notice to City. Bank shall have no obligation to act on Entry Data received that does not comply with the foregoing requirements, or to reverse, adjust, or stop payment of any Entry Data received or any Entry prepared therefrom. 4. Transmittal of Entries and Settlement. Bank shall transmit Entries that comply with the requirements provided for herein to its Automated Clearing House and settle for such Entries in accordance with the Rules. Attached as Schedule B hereto is a schedule showing the deadline (the "Bank Deadline") for receipt of Entry Data by Bank prior to an applicable deadline for receipt of Entries by Bank's Automated Clearing House (the "Applicable ACH Deadline"). Where Entry Data that comply with the requirements provided for herein are received by the Bank Deadline, Bank shall transmit the Entries prepared from such Entry Data to its Automated Clearing House prior to the Applicable ACH Deadline. In the event Bank receives Entry Data after a particular Bank Deadline, it shall have no obligation to transmit the Entries derived therefrom to its Automated Clearing House by the Applicable ACH Deadline. 5. Payment with Respect to Entries. a. Credit Entries. Bank shall debit the account specified below (the "Account") with the amount of each Credit Entry with respect to Entry Data transmitted to Bank under this Agreement on the Settlement Date as de- fined in the Rules. In the event such entry is returned by the RDFI in accordance with the Rules, Bank shall promptly credit the Account with the amount of the Credit Entry. June 8, 1989 Page 410 b. Debit Entries. Bank shall credit the account specified below (the "Account") with the amount of each Debit Entry with respect to Entry Data transmitted to Bank under this Agreement on the Settlement Date as de- fined in the Rules. In the event such entry is returned by the RDFI in accordance with the Rules, Bank shall promptly debit the Account with the amount of the Debit Entry. 6. On -Us Entries. Bank shall have the right, in its sole discretion, t❑ extract Entries initiated to accounts maintained with Bank (hereinafter referred to as "On -Us Entries"). In the case Bank elects to extract On -Us Entries, Bank, shall credit and debit the amount of each such Entry prepared from Entry Data received that complies with the re- quirements provided for herein to the appropriate Receiver's account maintained with Bank. Bank shall have the same rights to reject On -Us Entries that any RDFI has t❑ reject other Entries. 7. Entry Information. Bank shall provide City with information with respect to Entries transmitted under this Agreement and with respect to the return ❑r rejection of Entries under this Agreement. Such information shall be pro- vided in a form, have the content and be delivered at a time and in a manner as set forth in Schedule C attached hereto. B. Cooperation. City and Bank agree to cooperate promptly and fully in the investigation of any claim asserted by any person arising out of this Agreement or the transactions contemplated thereby. 9. Disclaimer. City agrees that neither any ACH nor any Participating Financial Institution of any ACH shall have any responsibility for the accurate calculation ❑f debit or credit entries furnished by the City, nor shall any Partici- pating Depository Financial Institution or ACH be under any duty t❑ deliver any statement ❑f charges or any other state- ments to the depositors concerned, except as imposed on a Participating Depository Financial Institution by virtue of its agreement with such depositors. 10. Bank Liability. Notwithstanding any provision to the Contrary contained herein, Bank shall only be liable to City under this Agreement for its failure to exercise ordinary care! in performing the services provided for herein. Bank shall have no liability or responsibility with respect to any other matter including without limitation, any act ❑r omission by Bank's Automated Clearing house, any other participating Financial Institution, or any other person or entity. Delay by Bank beyond any time limit provided in this Agreement is excused if caused by interruption of communication facilities, strikes, emergency conditions, or other circumstances beyond its control. 11. Representations and Warranties. The City warrants, now and at all times during the term of this Agreement, to Bank, NACHA, SWACHA, and all other Participating Depository Financial Institutions, the following, to -wit: a. That City has entered into a valid agreement with Bank and that each debit or credit entry forwarded to Bank shall be in accordance with a valid Authorization Agreement held by City; b. That City shall comply with the applicable Rules and with Bank procedures set forth in this Agree- ment with respect to each Authorization Agreement and Entry; June 8, 1989 Page 411 C. That at the time any Entries are processed by any RdFI, the Authorization Agreement has not been termi- nated with respect to such Entry; provided, however, that this latter warranty shall not apply if, at the time of processing the Entry, such RdFI has actual knowledge of a termination of the Authorization Agreement by operation of law; and d. That City is authorized to enter into this Agreement and that its execution of this Agreement is in accordance with all laws and rules governing Home Rule Municipal Corporations in Texas and that the persons executing such Agreement are authorized to execute same on behalf of City. Additionally, City makes the same warranties to Bank with respect to Entries subject to this Agreement as Bank is deemed to make under the Rules. Such warranties include, but are ex- pressly not limited to, those outlined in Schedule a attached hereto. 12. Indemnification. City hereby agrees to indemnify and hold Bank harmless from and against any and all claims, demands, losses, liabilities, or expenses, including attorneys' fees and costs, resulting directly or indirectly from the following: a. The breach of the warranties contained in the Agreement, including the Rules expressly incorporated into such Agreement; b. The debiting or crediting of such Entry to a Receiver's account, including without limitation, any claims, demands, losses, liabilities or expenses based on the payment of any charges in the wrong amounts or at lesser or more frequent intervals than provided in the Receiver's Authorization Agreement. C. Any claim based on alleged loss to the Receiver or to City as a result of nonpayment of any charge; d. Any claims that may be made by any Receiver as a result of any debits or charges (whether in connection with that automated system of clearing or otherwise) to his deposit account because of insufficient funds arising from the charging of payments hereunder to or from his account; e. The failure of the RdFI or City to comply with the requirements of the Electronic Fund Transfer Act, 15 U.S.C. 1693 et seq. and/or Regulation E, 12 C.F.R. 205 promulgated thereunder; save and except any claims, liabilities or expenses arising out any failure on the part of Bank to exercise reasonable care to comply with the provisions of the Rules. 13. Advertising. No advertising or publicity concerning this Agreement in which the name of Bank or City is used, will be undertaken without the prior written approval of Bank or City. 14. Signatures. City shall provide, on forms supplied by Bank, certification of signatures of one or more persons authorized by City (hereinafter referred to as an "Authorized Person") to transmit Entry data to Bank on behalf of City under this Agreement. The signatures of each Authorized Person shall be certified by the City Secretary. All Entry data shall be accompanied by a transmittal letter executed by an Authorized June 8, 1989 Page 412 Person. Sank shall be entitled to act or refrain from acting under this Agreement on any signature reasonably believed by it to be that of an Authorized Person. Any writing bearing such a signature shall be deemed to have been executed by an Authorized Person on behalf of City. 15. Payment for BankServices. In addition to any other payments provided for in this Agreement or in any other prior Agreement, City shall pay Bank for its services under this Agreement as set forth in Schedule E (the "ACH Fee Schedule") attached hereto. 16. The Account(s). The following deposit accounts maintained by City with Bank which will be used for settlement and adjustments under this Agreement, such Account(s) t❑ be available for debits ❑nly, credits only or both debits and credits, as designated, to -wit: Account Number:0087971 Account Number:0087793 Account Number:0087807 Designated Use:Consolidated Adjustment Designated Use:Consolidated Settlement Designated Use:Payroll Settlement Account Number:Not Opened Designated Use:LPL Settlement Account Number:Not Opened Designated Use:LPL Adjustments Bank may, without demand debit the appropriate account(s) for the accounts payable by City to Bank under this Agreement and credit the appropriate account(s) for the amounts due to City by Bank under this Agreement. 17. Notices. Except as otherwise provided herein, any written notice or other written communication required or per- mitted t❑ be given under this Agreement shall be delivered or sent. by United States registered mail, postage prepaid, and, if to Bank, addressed to: American State Bank P. 0. Box 1401 Lubbock, Texas 79408 Attention: Mike Long, Vice President and Cashier and, if to City, addressed to: City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Attention: Susan A. Busbice, CPA, Chief Accountant unless another address is substituted by notice delivered ❑r sent as provided herein. Any such notice shall be deemed given when so delivered or sent. 18. Termination. This Agreement may be terminated by City or Bank at any time by giving thirty (30) days prior written notice thereof to the other party. Notwithstanding such termination, this Agreement shall remain in force and effect as to all transactions that shall have occurred prior to the date of termination. 19. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State ❑f Texas. 20. Headings. Headings are used for reference purposes only and shall not be deemed a part ❑f this Agreement. June 8, 1989 Page 413 21. Entire Agreement, Etc. This Agreement embodies the entire agreement of parties with respect to the subject matter hereof, and supersedes all previous negotiations, representa- tions, and agreements with respect thereto, and shall be binding upon the parties hereto, and their respective succes- sors and assigned. This Agreement may be amended only by a writing signed by both parties. EXECUTED the Bth day of June, 1989, in duplicate counterparts, each effective as an original, and effective as of June 8, 1989. THE CITY OF LUBBOCK, TEXAS a Home Rule Municipal Corp. BY:/s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Asst. City Manager for Financial Services Form of Entry Data AMERICAN STATE BANK, LUBBOCK, LUBBOCK, TEXAS, Bank BY:/s Mike R. Lon Mike R. Long, Vice President & Cashier APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney SCHEDULE A ENTRY DATE Entry Data to be transmitted to Bank from City must be in a form acceptable to Bank. American State Bank currently accepts Entry Data in any of the following forms: 1) IBM PC Compatible Diskettes - 5 1/4" 360 KB - 5 1/4" 1.2 MB - 3 1/2" 1.4 MB 2) Magnetic Tape 9 Track, 1600 BPI American State Bank does not currently accept Entry Data transmitted via a data transmission link. A Transmittal Register, signed by an Authorized Person must accompany all Entry Data. Content.of Entry Data Entry Data, in an acceptable form as defined above, must comply with the Technical Specifications outlined in the Rules; including the ACH File (Exchange Specifications, the ACH File Specifications and the ACH Record Format Specifications. Entry Data which does not adhere to the Rules will not be accepted by Bank. Bank (Location Entry Data must be delivered to the ACH Desk of the Bank. The ACH Desk is located in the Bookeeping Department at the Lower Level of the Bank. June 8, 1989 Page 414 SCHEDULE B BANK DEADLINE Bank Deadline For credit entries, the City shall deliver the originating file to the proper Bank Location by 8:30 a.m. either one or two banking days prior to the desired Effective Entry Date as defined by the Rules. For debit entries, the City shall deliver the originating file to the proper Bank Location by 8:30 a.m. ❑ne banking day prior to the desired Effective Entry Date as defined by the Rules. These schedules will allow the Bank time to properly receive, edit and transmit t❑ its originating ACH prior t❑ the Applicable ACH Deadline. SCHEDULE C ENTRY INFORMATION Originating Entry Data Bank will perform the basic processing required of an Originating Depository Financial Institution including: 1. Receiving and editing files from the City (Originator). Standard editing includes validating: a. that the file is not a duplicate of one that has previously been processed. b. The City (Originator) information. c. the field contents. d. totals at batch and file level. 2. Creation and transmission of file(s) to the originating ACH. It is the Bank's responsibility to ensure that the file(s) meet the requirements of the Rules. The Bank shall assign a unique trace number of each record. 3. Creation and maintenance of backup files. Bank, shall retain a record of all entries for a period of two (2) years after the date of transmittal and shall, at the request of City, ❑r any participating DFI or ACH, furnish a printout ❑r other reproduction of the pertinent information relating to such entry. 4. Creation of data needed to effect settlement of funds. Return Entries It is the responsibility of the Bank t❑ receive returned and rejected entries from the ACH, perform necessary processing, control, and settlement functions, and forward the entries to the originator. Bank will provide required information to City on a timely basis to enable the City to audit and control Entry Data, including returned and rejected entries. Such information shall be provided in the form of printouts, documents, phone calls and other mutually agreeable methods. June 8, 1989 Page 415 SCHEDULE D CITY WARRANTIES Authorization Agreement 1. Before initiating any debit ❑r credit against a Receiver's account, the City (Originator) must obtain an Authorization from that customer or employee and each transmitted Entry must be in accordance with such Authorization. Z. City shall provide a copy ❑f the Authorization Agreement to the Receiver. 3. City must retain a copy of each Authorization for two (2) years after termination ❑f the Authorization. The Authorization may be maintained in any size or format, including microfilm. 4. City, upon request, must present a copy of the Authorization to an ODFI ❑r RDFI. Copy presented must be easily read without any optical aid. 5. At the time entry is transmitted, the Authorization Agreement has not been revoked and City has no actual knowledge of the termination of the arrangement between the RDFI and Receiver with respect t❑ such entry. Prenotifications Prior to the initiation ❑f the first Entry t❑ a Receiver's account, City shall prepare and transmit a notification, referred to in the Rules as a "Prenotification", at least ten (10) calendar days in advance of the live entry. Enter Date Each credit entry must be timely, and each debit entry must be for a sum which;, on the Settlement Date with respect to such entry, will be due and owing to the City from a Receiver, is for a sum specified by the Receiver t❑ be paid to the City or is a correction of a previously transmitted erroneous entry. Variable Debit Entries If City initiates a variable amount debit entry, it must advise the customer accordingly at least ten (10 calendar days before the transaction date. SCHEDULE E ACH FEE SCHEDULE Bank has established the following schedule ❑f charges for automated clearinghouse services provided by us. ACH Origination Debits and Credits Originated Returned/Rejected Entries Notices of Change Stop Payments (phone call to RDFI) Telephone Advices $ 7.00 per file $ .05 per item $ .50 per item $ .50 per item $15.00 per item $ .50 per call June 8, 1989 Page 416 Staff recommendation is to implement an electronic funds transfer project that will include three areas. 1. Retirees' insurance payments. 2. Payroll direct deposit. 3. Accounts payable. The retiree insurance payments electronic transfers will occur immediately. Shortly thereafter, and in this current fiscal year, Payroll Direct Deposit will be implemented and the Accounts payable Electronic Funds Transfer will be implemented in the 1989-90 Fiscal Year. The City of Lubbock will be the first employer in Lubbock to implement direct deposit by electronic funds transfer through a Lubbock bank as an originating bank and American State Bank will be the first Lubbock bank to originate electronic funds transfer. By implementation of the Electronic Funds Transfer Project, it is expected that approximately $7,000 per year will be saved on retiree insurance payment process, $3,000 per year on direct cost savings of payroll processing, and considerably more intangible savings in time and manpower on the handling of paychecks on paydays. The original depository Contract with the American State Bank requires a 17-1/2, charge for processing each check. This is a supplement to the original depository Contract and Staff has negotiated an 51 per item cost for an electronic funds transfer. Staff memo advised that the Electronic Funds Transfer Project is a very innovative and is a money saving project. It initiates the origination through the American State Bank, which should allow and pave the way for more electronic funds transfers with other Lubbock employers. Staff recommended approval of the resolution. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo to authorize Resolution #3123 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-416-328 (35.) Consider Ordinance #9287 amending Chapter 27 of the Code of Ordinances by adding an article e of horse drawn as venicles Tor ORDINANCE #9287 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE VII PERMITTING AND REGULATING THE USE OF HORSE DRAWN VEHICLES AS VEHICLES FOR HIRE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. June 8, 1989 Page 417 Trent Petty, Assistant to the City Manager, stated that he had received a request for a permit to allow horse drawn carriages for hire in the City of Lubbock. There is no provision for such a business in the Code of Ordinances. According to Mr. Petty's memo, horse drawn vehicles are becoming popular tourist and novelty attractions in many cities across the nation. The cities of Corpus Christi, Austin, San Antonio and Galveston are just a few of the cities in Texas that have horse drawn carriages for hire on city streets. The Police department, Traffic Engineering Department and the City Secretary's Office provided information regarding their particular areas, and those provisions were included in the proposed ordinance. The ordinance basically holds the horse drawn carriage business owner responsible for the same reporting and insurance requirements currently required for taxicabs, limousines and touring vehicles within the City. In addition, the ordinance contains language that will ensure that City streets are kept clean and horse drawn carriage equipment is kept in good working condition. In addition, there are special provisions concerning the health and treatment of horses including veterinarian certification, number of hours a horse will be able to work with consideration for temperature and humidity and proper identification of horses to be used in the service. Unlike some cities that have horse drawn carriages, the proposed ordinance does not establish specific areas where horse drawn carriages may exclusively park in the downtown area. However, the wording is general enough that this provision may be incorporated if it ever becomes necessary. Obviously, the horse drawn carriage drivers will have to operate according to the same motor vehicle laws that cars and trucks operate under within the City. The proposed ordinance does not restrict the horse drawn carriages to any specific area in town and a horse drawn carriage would be permitted to leave from any estab- lishment, travel any distance across the City and return using whatever routes the driver sees fit. The carriages will be required to be lit according to provisions set out in the Texas Motor Vehicle Laws Handbook. Horse drawn carriages have operated before in the City of Lubbock in a parking lot type situation, giving short rides without spending much time on City thoroughfares. According to Mr. Petty, the proponent has requested a time change for feeding/watering horses from each 4 hours to 7 hours, and before second reading of the ordinance, Mr. Petty will confer with some local veterinarians to get their input on this requested amendment. June 8, 1989 Page 418 Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to pass on first reading Ordinance #9287 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-418-329 (37.) BID #10191--Mackenzie Park Parking Lot Overlay, and authorize same (Community Development). RESOLUTION #3124 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Williams & Peters Construction Company, Inc. for Mackenzie Park parking lot overlay, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of June, 1989. ATTEST: Is Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene E:ads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 25th day of May, 1989 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Williams & Peters Construction Company, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10191 - JOYLAND PARKING LOT OVERLAY FOR THE AMOUNT OF $41,600.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. June 8, 1989 Page 419 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees t❑ pay the CONTRACTOR in current funds for the performance ❑f the contract in accordance with the proposal submitted therefore, subject t❑ additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s Ranette Boyd_ Secretary APPROVED AS TO CONTENT: s Gene Eads Gene fads„ Purchasing Manager ATTEST: s Betty Williams Betty Williams, Secretary CITY OF LUBBOCK, TEXAS (OWNER) s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACTOR: s U. D. Williams U. D. Williams, Vice President COMPLETE ADDRESS: Williams & Peters Construction Co., Inc. P.Q. Box 5336 Lubbock, TX 79417 Williams & Peters Construction Co., Inc. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #3124. Motion carried: 7 Yeas; O Nays. 89-48A-419-330 (38.) BID #10195--Water Utility Items (Central Warehouse Clowe & Cowan--12 112" hose bibb. Transtex Supply Co., Odessa--1,200' 1" Type Y copper pipe; 2 8" Bell Jr. clamp; 50 3"Xlcc service clamp; 5 12X2 service clamp; 48 8X1 service saddle; 50 3/4X3 brass coupling; 35 6" CI dresser coupling; 3 16" full circle repair clamp; 5 3" flanged gate valve. Western Industrial Supply--3 6" extension kit; 20 4" flange gasket. Oberkampf of Lubbock--50 1X5 brass coupling. C&C Municipal Supply--6 breakable coupling; 5 sewer tilt; 12 14CI dresser coupling; 2 4"MJX3" flange; 5 10XBMJ reducer; 2 12X4MJ tape sleeve; 3 12X6MJ tape sleeve. Moore Supply Co.--200 #47 shear bolt; 10 #44 valve Seat O'Ring; 60 pipe thread compound; 660 plastic meter box; 50 8" bolt joint. June 8, 1989 Page 420 Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-420-331 (39.) BID #10203--Electrical Utility Items (Central Warehouse). Nunn Electric Supply Carp.--30 2" rigid ells; 1,200' 1/2" EMT conduit; 10 fluorescent fixture. Westinghouse Electric Supply -5" rigid conduit. General Electric Supply Co.--300 17.5 pin insulator; 30 12" conduit support. Nelson Electric Supply--100 518X20 bolt; 15 2" rigid couplings; 10 1" rigid ells; LOT PRICE--150 4" PVC couplings; 10 1" rigid ells; 16,320' 4" PVC conduit; 150 4" 5-degr coupling; 100 5" PVC plug. Cummins Supply, Amarillo--3,000 5/8 MF locknut; 50 duplex receptacle; 100 #110 spool ties; 10 1- 114" rigid ells; 200 3/4" 2-hole strap; 10,000' #4 Quad service; 15 refractor Iway. Southwestern Electric Supply--72 PVC cement; 10 2" entrance fitting. Graybar Electric Co., Inc., Amarillo--25 runway transformer; 400 10-12 sleeve; 10 10' alley arm brace; LOT PRICE--24 round meter socket; 100 socket cover plate. Fields & Company--100 3-wire ground caps; 50 1/2" flex connector; 18 65W Par/Fl lamp. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-420-332 (40.) BID #10209--Sale of Golf Carts (Golf). E-Z Go Textron, Dallas --Sale of 52 golf carts. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-420-333 (41.) BID #10197--Municipal Auditorium Dressing Room Renovation Buildin Services and authorize same. RESOLUTION #3125 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Daniel Ortega Construction Company, Inc. for Municipal Auditorium dressing room renovation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council June 8, 1989 Page 421 shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of June, 1989. ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 25th day of May, 1989 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Daniel Ortega Construction Co., Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration ❑f the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10197 - MUNICIPAL AUDITORIUM DRESSING ROOM RENOVATION FOR THE AMOUNT OF $61,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s Ranette Boyd /s/ B. C. McMinn Secretary B. C. McMINN, MAYOR June 8, 1989 Page 422 APPROVED AS TO CONTENT: /s/ Robyn Williams ATTEST: Secretary COMPLETE ADDRESS: Daniel Ortega Construction Co., Inc. 5147 69th„ Suite D Lubbock, Texas 79424 APPROVED AS TO FORM: s Harold Willard DANIEL ORTEGA CONSTRUCTION CO., INC. - CONTRACTOR By: /s/ Daniel Ortega TITLE: President Daniel Ortega Construction Co., Inc. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #3125 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-422-334 (42.) BID #10187--Exhaust Extraction System Fire Department). Cetech, Garland--18 vehicle exhaust extraction system. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-422-335 (43.) BID #10199--Pumping Station Fencing (Water Utilities), and authorize same. RESOLUTION #3126 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Cyclone Fence for pumping stations fencing, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of June, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s/ Gene Eads Gene Eads, Purchasing Manager Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant June 8, 1989 Page 423 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 25th day of May, 1989 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and U. S. Diversified Group„ Cyclone Fence Division, of the City of Arlington, County of Terrant, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10199 - PUMPING STATION FENCING IN THE AMOUNT OF $29,341.00 and all extra work in connection therewith, under the terms as stated in the! contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s1 Rainette Boyd Secretary APPROVED AS TO CONTENT: ATTEST: Secretary COMPLETE ADDRESS: U. S. X. U. S. DIVERSIFIED GROUP CYCLONE FENCE DIVISION P.D. BOX 5466 ARLINGTON, TEXAS 76011 CITY OF LUBBOCK, TEXAS (OWNER) Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Harold Willard U. .S DIVERSIFIED GROUP CYCLONE FENCE DIVISION - CONTRACTOR By: s TITLE: Cyclone Fence, Arlington June 8, 1989 Page 424 Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #3126 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-424-336 (44.) BID #10190--Municipal Maintenance], and authorize same. RESOLUTION #3127 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT' the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Daniel Ortega Construction Company, Inc. for Municipal Square renovations, 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 Bth day of June, 1989. ATTEST: s Ranette-Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 25th day of May, 1989 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Daniel Ortega Construction Co., Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10190 - MUNICIPAL SQUARE RENOVATION FOR THE AMOUNT OF $40,728.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance June 8, 1989 Page 425 with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s Ranette Boyd Secretary APPROVED AS TO CONTENT: /s/ Jerry Smith ATTEST: Secretary COMPLETE ADDRESS: Daniel Ortega Construction Co., Inc. 5147 69th, Suite D Lubbock, Texas 79424 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C._ McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s/ Harold Willard DANIEL ORTEGA CONSTRUCTION CO., INCc. - CONTRACTOR By: /s/ Daniel Ortega _ TITLE: President Daniel Ortega Construction Co. --Municipal Square renovations - corridor, lunchroom, and Detective Division of Police. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #3127 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (14.) Hold a Public Hearing to consi 5ocorr❑ Exploration for an Oil Permit for a tract located_aH north of East Erskine and 330' Guava. Desionation of the wel 89-4BA-425-337 (15.) Consider approval of an Oil and Gas Drilling Permit for H. Newton #4. Barney Adams, representing Socorro Exploration, presented this request. No one appeared in opposition. Mayor McMinn closed the Public Hearing at 10:23 a.m. f On May 3, 1989, Staff received an application for a Permit to drill this well. The storage site is proposed in conjunction with the well site. June 8, 1989 Page 426 The application is substantially in order. The production unit is unitized, contains 40 acres, and has a maximum diagonal of less than 3,000'. Socorro proposes earth sludge pits and no landscaping at the well and storage site. The blow-out protector has a minimum rating ❑f 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved landfill ❑utside Lubbock County. Access to the drill and storage site is proposed from North Guava on private property. SHORT TERM IMPACTS: A minimum ❑f impact is expected for the short term since the area is uninhabited and current use is agricultural. The well and storage site are remote from existing residential or commercial development. Storage is proposed at the Newton #3 location, 2000' to the east. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated single-family on the 1986 Comprehensive Land Use Plan. Since little additional development is projected in the immediate area, and no recent ❑r proposed residential development has been proposed in this area, long term negative impacts should be minimal. Production could be exhausted before major developments occur in this area. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set which will protect the water aquifer. The first series of casing depth shall be in compliance with the Texas Water Commission requirements. 2. The permittee shall notify the Lubbock office ❑f the Texas Railroad Commission for the intended dates for casing the well. 3. Casing of the well shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texas for H. Newton #4. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to approve request ❑f Socorro Exploration for an Oil and Gas Drilling Permit for a tract located approximately 1500' north of East Erskine and 330' east of North Guava, subject to recommended permit conditions. Motion carried: 7 Yeas; 0 Nays. (16.) 89-48A-427-338 (17.) June 8, 1989 Page 427 Hold a Public Hearing to consider the request of Texland Petroleum for an Oil and Gas Drilling Permit for a tract located approximately 700' north of Kent and 750' east of North University. Designation of the well is City of Lubbock #24-4 Consider approval of an Oil and Gas Drilling Permit for City of Lubbock #24-4. Dub Bratcher appeared on behalf of Texland Petroleum to present this request. No ❑ne appeared in ❑pposition t❑ this request. Mayor McMinn closed the hearing at 10:25 a.m. On May 8, 1989, Staff received an application for a Permit to drill the above described well. The storage site is proposed in conjunction with the well site. The application is substantially in order. The production unit is unitized, contains 40 acres, and has a maximum diagonal ❑f less than 3,000'. This well is part of a secondary recovery field. Texland proposes earth sludge pits and no landscaping at the well and storage site. The blow-out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved landfill outside Lubbock County. Access to the drill and storage site is proposed from North University on private property. SHORT TERM IMPACTS: A minimum ❑f impact is expected for the short term since the immediate area is uninhabited and current use is agricultural. The well and storage sites are remote from existing residential or commercial development, several residential units front on University approximately 700' to the west. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated single-family ❑n the 1986 Comprehensive Land Use Plan. Since little additional development is projected in the immediate area, and no recent or proposed residential development has been proposed in this area, long term negative impacts should be minimal. Production could be exhausted before major developments ❑ccur in this area. RECOMMENDED PERMIT CONDITIONS: 1. N❑ hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set which will protect the water aquifer. The first series ❑f casing depth shall be in compliance with the Texas Water Commission requirements. 2. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. June 8, 1989 Page 428 (18.) 3. Casing of the well shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texas for City of Lubbock #24-4. Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to approve request of Texland petroleum for an Oil and Gas Drilling Permit for a tract located 700' north of Kent and 750' east of North University, with recommended permit conditions. Motion carried: 7 Yeas; 0 Nays. Ho oleum for an 0 sider the reauest of Permit for a tract located approximately 990' a e s 89-48A-428-339 (19.) Consider approval of an Oil and Gas Drilling Permit for City of Lubbock #2-3. Dub 6ratcher, representing Texland Petroleum, appeared to present this request. No one appeared in opposition to this request. Mayor McMinn closed the hearing at 10:27 a.m. On May 8, 1989, Staff received an application for a Permit to drill the above described well. The storage site is proposed in conjunction with the well site. The application is substantially in order. The production unit is unitized, contains 40 acres, and has a maximum diagonal of less than 3,000'. This well is part of a secondary recovery field. Texland proposes earth sludge pits and no landscaping at the well and storage site. The blow-out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved landfill outside Lubbock County. Access to the drill and storage site is proposed from F.M. 2541 on private prop- erty. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the immediate area is uninhabited and current use is agricultural. The well and storage sites are remote from existing residential or commercial development. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated single-family on the 1985 Comprehensive Land Use Plan. Since little additional development is projected in the immediate area, and no recent or proposed June 8, 1989 Page 429 residential development has been proposed in this area, long term negative impacts should be minimal. Production could be exhausted before major developments occur in this area. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set which will protect the water aquifer. The first series of casing depth shall be in compliance with the Texas Water Commission requirements. 2. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. Casing of the well shall be in substantial compliance with applicable portions of Rule 13 of the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texas for City of Lubbock #2-3. (20.) 89-48A-429-340 (21.) Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to approve request of Texland Petroleum for an Oil and Gas Drilling Permit for a tract located approximately 990' south of Bluefield and 650' east of North Avenue P, with recommended permit conditions. Motion carried: 7 Yeas; 0 Nays. old a Public Hearinq to consider the request exland Petroleum for an Oil and Gas Drilling ermit for a tract located approximately 350' outh of Kent and 1880' east of North Unyers esionation of the well is City of Lubbock #2 Consider approval of an Oil and Gas Drilling Permit for City of Lubbock #21-2. Dub Bratcher appeared on behalf of Texland Petroleum to present this request. No one appeared in opposition to this request. Mayor McMinn closed the hearing at 10:29 a.m. On May 8, 1989, Staff received an application for a permit to drill the above described well. The storage site is proposed in conjunction with the well site. The application is substantially in order. The production unit is unitized, contains 40 acres, and has a maximum diagonal of less than 3,000'. This well is part of a secondary recovery field. Texland proposes earth sludge pits and no landscaping at the well and storage site. The blow-out protector has a minimum rating of 3,000 psi. Disposal of waste materials is proposed at June 8, 1989 Page 430 a Railroad Commission approved landfill outside Lubbock County. Access to the drill and storage site is proposed from Kent on private property. SHORT TERM IMPACTS: A minimum of impact is expected for the short term since the immediate area is uninhabited and current use is agricultural. The well and storage sites are remote from existing residential or commercial development. POTENTIAL LONG TERM IMPACTS: The land area surrounding and including this lease is designated industrial park on the 1986 Comprehensive Land Use Plan. Since little additional development is projected in the immediate area, and no recent ❑r proposed industrial development has been proposed in this area, long term negative impacts should be minimal. Production could be exhausted before major developments ❑ccur in this area. RECOMMENDED PERMIT CONDITIONS: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set which will protect the water aquifer. The first series of casing depth shall be in compliance with the Texas Water Commission requirements. 2. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. 3. Casing of the well shall be in substantial compliance with applicable portions of Rule 13 ❑f the Texas Railroad Commission. 4. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Texas for City of Lubbock #21-2. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to approve request of Texland Petroleum for an Oil and Gas Drilling Permit for a tract located approximately 350' south of Kent and 1880' east of North University. Motion carried: 7 Yeas; 0 Nays. 89-48A-430-341 [ 5.) Shirley Flatt, representing the Haystack Apartments, will appear to request a Lou Shirley Flatt submitted a written request for a Loudspeaker Permit for Saturday, June 10, 1989 from 8:30 p.m. until 12:30 a.m. at the Haystack Apartments' Clubhouse located at 3424 Frankford, in conjunction with a promotion for the apartment complex. Entertainment for this particular June 8, 1989 Page 431 promotion will be provided by a country and western band, and no alcoholic beverages will be sold. Staff memo indicated that Ms. Flatt obtained the necessary signatures required from residents and businesses in the area, with no negative responses noted on the petition. Last year, an event of this nature was held without complaints from area neighbors. All requirements of the Ordinance regarding Loudspeaker Permits have been met, but since this event is being conducted in the late evening hours and in a residential area, Council approval is necessary. Motion was made by Councilman Maloy, seconded by Councilman Patterson to approve request for issuance of a Loudspeaker Permit to the Haystack Apartments. Motion carried: 7 Yeas; 0 Nays. 89-48A-431=342 (13.) Zone Case #1649-A (located 2401 plain Street) -- Hold a Public Hearing on appeal of Stanley J. Uojtech (for The Bar) for zoning change from C_-4 to C-4 Specific Use (for adult entertainment) on Lots 1 and 2, Block 99, Overton Addition, and consider ordinance. Sam Ogan, Attorney for Stanley J. Uojtech, presented appeal of P&Z decision. According to Mr. Ogan, this property is not to establish a Cabaret or Burlesque House, but only to allow "The Bar" to book special engagements by dance groups. Mr. Ogan pointed out that these dance groups occasionally appear in some other establishments within the City. Judge E. H. Baedeker, a property owner within 200' of the site for the requested change, spoke in opposition. Mr. A. B. Watkins, President of the Overton North Neighborhood Association and also representing the First Christian Church, advised Council of the opposition of both of those groups to the request of Mr. Uojtech. Mayor McMinn closed the Hearing at 10:40 a.m. and called for City Staff Comment. Assistant City Manager Jim Bertram advised that the area between the alley north and south of Broadway was originally zoned C-4 and down -zoned to C-2 in 1975. The property within this request was zoned C-4 from C-3 in 1970, and the balance of the previous C-3 along the south side of Main was rezoned from C-4 in 1970. The existing use is legal non -conforming with regard to having substandard parking. Mr. Bertram gave the adjacent land use relationships as follows: June 8, 1989 Page 432 North - A-1, built as apartments South - C-2, commercial East - R-3 developed as single-family West - C-4 commercial According to Staff memo, the Comprehensive Land Use Plan is not an issue since the area is already zoned commercial. Review of guidelines (26) in Section 29-24 [Specific Use] are as follows: A. No adult entertainment establishment shall be located within 750 feet of any school, church or place of worship (measured on a radius). B. Not within 600 feet of another establishment. C. Not within 200 feet of residential zoned property - which is across the street. This location is in conflict with the Code requirement for separation from schools, churches, and residential (A and C above). Also, the Overton North Study and this year's RTKL study of Overton recommended that the intensity of land uses in the area be reduced, and according to Mr. Bertram, zone districts are the primary tool to achieve that objective. In 1984, resulting from the Overton North Study Committee recommendations, the Staff filed a C-2 zone case from University to Avenue X on the south side of Main because the intensity of C-4 uses was and continues as a detriment to this neighborhood. Based on opposition of the landowners to removing C-4 from their property, stemming from the feeling by the landowners that zoning was being "taken away", the Planning and Zoning Commission denied that zone change. It is Staff's contention that the existing C-4 zoning is inappropriate at this location, especially in light of the request for adult entertainment. As an alternative, the P&Z Commission recommended C-2 zoning to the Council in order to achieve the objective sought in 1984. Although the zone change would not remove the existing bar, it would create a non -conforming use and if the business is ever discontinued for one year, a bar would not be allowed to go back into the location. Mr. Bertram advised that a simple majority vote of the Council is needed to uphold the P&Z recommendation to change the zoning to C-2. He stated further that because the request for C-4 Specific Use Permit was denied by P&Z, a 6/7 vote of the City Council would be required to overturn the Planning and Zoning Commission and approve the proponent's request. Staff recommended that the City Council uphold the Planning and Zoning Commission. June 8, 1989 Page 433 89-48A-+33-343 (31.) Motion was made by Mayor by Councilman Carpenter recommendation and deny Use designation to allow Permit. Motion carried: Pro Tem Baker, seconded to uphold P&Z request for C-4 Specific an Adult Entertainment 7 Yeas; 0 Nays. Hold an Executive Session to discuss pending litigation (Utilities). r a Resoluti e as First" Plan. Southwestern Sam Ogletree, representing Southwestern Bell Telephone, appeared to present this request. According to Mr. Ogletree, the highlights of the Texas First Plan are as follows: 1. Southwestern Bell would agree to a massive accelerated upgrade of their Texas network. Over a five year period they would phase out four -party service Statewide and replace the older switching facilities of approximately 200 communities with the most modern digital technology. In addition, the network would be reconfigured to provide a number of fringe communities an attractive alternative to the toll rates they now must pay to communicate with their metropolitan neighbors. 2. Basic local business and residence rates would be frozen for five years. 3. Charges paid by long distance companies to access Southwestern Bell's local network would be reduced, so that these companies, in turn, can reduce their customers' long distance rates. 4. Finally, refinements in the current regulatory framework would be sought to help soften the risk of commitments they are willing to make, but also to create a climate in which the company, its customers and indeed all Texans are rewarded when Southwestern Bell manages its business well. The Texas First Plan was submitted by Southwestern Bell at approximately the same time that the Public Utilities Commission announced a rate case to decrease Southwestern Bell Telephone rates. It was indicated by Southwestern Bell that the Texas First Plan was in the making prior to the decision by the PUC to open docket 8585 (the PUC rate case), and according to Staff memo, it is difficult to separate the two issues. Other considerations about the Plan are as follows: 1. The Plan was presented after the PUC had announced its intention to pursue the $90 million rate reduction. June 8, 1989 Page 434 2. Apparently, Southwestern Bell equipment technology is behind the national standards and the proposed upgrades would probably have been implemented, anyway. These proposed equipment upgrades are also considered to be a money savings exercise for the company as stated in their Texas First Plan as submitted to the PUC. 3. Under the Texas First Plan, the company would be allowed to enjoy a 13% after tax return on its equity investment. In addition to that, if the earnings were more than 13%, the amount over 13% would be divided between the company and its customers. For example, if the return on its equity investment was 21%, the company would receive a 17% return and 4% would be returned to its customers. The Resolution as proposed by Southwestern Bell is the same resolution approved by other cities, and is a non-specific statement to the PUC supporting the general concept and asking the PUC to consider any merits of the Plan. Mr. Ogletree asked that Council pass the Resolution submitted and further requested that Council not approve participation in the intervention in Docket #8585. Staff recommended against approving the Resolution because the privilege of operating in an environment where there is a guaranteed rate of return without risk of competition, the company is obligated to do everything it can to provide the most modern, efficient service possible at a reasonable rate of return. Motion was made by Councilman Maloy, seconded by Councilman Carpenter to hold action until the June 22, 1989 Regular City Council Meeting. Motion carried: 7 Yeas; 0 Nays. 89-48A-434-344 (32.) Consider a Resolution authorizing the City of the Puc docket k35k35. PUC docket 8585 is a rate case that PUC generated to reduce Southwestern Bell Telephone rates by approximately $90 million per year. For many years the City of Lubbock has joined with other cities in the State who are served by Southwestern Bell Telephone to be represented before the PUC in such rate cases, and the City has contributed financial support to this organization of cities in the past. The pool of funds remains adequate to begin this rate case and Staff advised they do not anticipate requirements for additional City contributions to join this case. 57 cities have agreed to participate in the intervention. Merril Nunn, the City Attorney for the City of Amarillo, is the Chairman of the Committee of cities for this case and Don Butler June 8, 1989 Page 435 (45.) 89-48A-435-345 (46.) 89-48A-435-346 (47.) of Austin is the Attorney representing the cities. All the cases for Southwestern Bell Telephone before the PUC in the past have been requests by the telephone company for rate increases and this is the first time a case has been initiated by the PUC for a rate reduction. In this particular case, the PUC has not indicated that they will pursue a refund; however, The Association of Cities probably will. The primary basis for the case is that the income tax rate for Southwestern Bell Telephone has been reduced from 46% to 34% by the 1986 Tax Reform Act. Staff recommended approval of the Resolution t❑ authorize the City of Lubbock t❑ participate with the other cities in the intervention. The City Council has taken the position in the past t❑ represent the telephone customers in the City ❑f Lubbock before the PUC and this action would be consistent with those prior cases. Motion was made by Councilman Maloy, seconded by Mayor Pr❑ Tem Baker to take no action ❑n this item. Motion carried: 7 Yeas; 0 Nays. Hold an discuss Session ❑n per Committee for Women Human Relations Commission Private Industry Council leven a000intments t❑ the Committee for n. The terms of Mary Nell Strong, J er, tame Armstr n. Cheryl Ullom, Gamble and Pat Beck (whose terms expire June 14, 1989), and Catherine Ranck who resigned and Beverlv Bowen who is unable to serve (whose terms re June Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Penny Morin, Karen Fulton, Karen Worley, and Margaret Gamble and t❑ appoint Anita Bass, Margaret Randle, Alice Chavez, Claudette Culp, Jacque Hastings, Ann Krier, and Stephanie Fisher -White to replace Mary Nell Strong, Jewell Foster, Eadie Armstrong, Cheryl Ullom, Pat Beck, Catherine Ranck, and Beverly Bowen ❑n the Committee for Women. Motion carried: 7 Yeas; 0 Nays. 1 ider one appointment to the Human Relations ssion to till the unexpirea term pT am Williams (whose term will expire June 8, 1989 Page 436 Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Archie Hall to fill the unexpired term of Rev. William Williams on the Human Relations Commission. Motion carried: 7 Yeas; 0 Nays. 89-48A-436-347 (48.) Consider nine appoi replace M. J. Aderton. Bar maliinger, Ue M na L:astiiio, Steve uuncan, Wendell Holder, Helen Payne, Jerri Price, Okla Jean Rice, and Wanda Stewart (whose terms will expire June 30. 1989). Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Barry Ballinger, Delfina Castillo, Wanda Stewart, Wendell Holder, Jerri Price and Okla Jean Rice, and to appoint Dr. Virginia Sowell to replace Helen Payne, Doug Heard to replace Steven Duncan, and Laurin Prather to replace M. J. Aderton on the Private Industry Council. Motion carried: 7 Yeas; 0 Nays. There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilman Phillips to adjourn the meeting at 12:10 p.m. Motion carried: 7 Yeas; 0 Nays. � r e C. cMIN , MAYOR '72Rant'' :e Boyd, City Secretar READ AND APPROVED THIS 22ND DAY OF JUNE, 1989. a• e C �)A B. C. MCMI MAYOR (:-Ranejt':e Boyd, City Secreta IIOTICU — NOTICE is hereby given that a oAtic hearing will be held on June & 1y11 in life City Couridl Chant- .. rat D Street. Lubbwk, atIO%AL 10 tArtsidar the appficalfon of Secerm Explore - man for an 00 and Gas Milling R — 12 7 Permit located, �' ,, }� (, in Secilbn 6. Block A, Lubbock County. Texas. the well (H. ""'non l B nC K NU ed is proposapproximately ISM IrMnorth and 23Gftiafeasfaf LACES HERNANDEZ fine southwest corner. The well site a ;Votary Public in and for Lubbock County. Texas on this day fsmyth of East.stoagesndeasfof, T.J. Nerlh Guard. Storage is Proposed �d Willy Account Manager of the Southwestern Newspa- p at the Newton #3 well site. publishers of the Focal formal n-Ontiact Lubbock Avalanehe-.Journal — Morning. F,vening and Sunday, who Hehsotii . sworn did depose and say that said newspaper has been published continuously for more :tat ks prior to the first insertion of this _ l e0al Wati rp ""Ice NOTICE As hereby given lhat a No. 50678E at Lubbock County. Texas and the attachf)d print - Public hearing Citfl beheld an JuneLeta ! Na t914 In thee City Councft Chem- r- In t ! is a true copy of the original and was printed in toe Lubbock jars of jQ3 13th Street, LUtfbock. rexai. at 10:20 A.M. to Conaiderl he apolication of Texiand Petrotil- tm for an oil and Gas pestling Per - nit located: in Section if, Black A. Lub- mck County, Texas, the well (City of Lubbock 21-2) 15 Proposed aP- Proximalely 350 feel soulh and IM feet east of the mrihwtst corner. The Well site Is :Guth at Kent and east at florsh 1lnive"Ity. For addifionai Information, contact Ready Hanson. M24411. extenslor 2101 NOT►CS NOTICE IS hereby ptven that PUWie hearing will hm hold on iu I. tely in the City C4upcIl Cha berm at I625 13th street. Lubho Taxes, at 10:20 A.M. to consh the aPPIICation at Texland "" UM for an Off and Gas Drilling P mitlocated, In Secfiart 1. Block O-e, L bKK County. Texas, file wdf CC of Lubbock 24is PruPoaed proximately 700 fast north and feet east of Iherseumwest oar+ The Weis site is narfh OF, Keaft east o1 North University. Foradditlonel information, con Randy Hanson, ?"It, exhm' 210ft. NOTICE NOTICE is hereby given that public haerina will be held en Jul e, 1909 In the City COVncit Chan hers at 1625 13th Street, Lubbpc' Texas. at 10:20 A.M. to consld, the applicatfan of Textand for i oil and Gas Or111tng Permit Iona ad: in Section y. Black A. Lubber County, Texas, the Weil (City the following dates: it, i$ _ A f% = 1 R anage r CHE-JOURNAL apers Corporation FRANCES HERNANDEZ U Pity Co,nmv.si0n Exvjre5 7 6-91 rn to before me this - 24 day of - Mav , tg89_ SECOND EEADI NG ON DI NANC ES ORDINANCE NO.4A1 R-145 AN ORDINANCE AMENO- TI3E STATE OF TEXAS NI ING ZONG ORDINANCE NO. 7014 AND THE OFFICIAL MAP OF THE LUBBOK COUNTY OF LUBBOCK MAKING CITYOF OFOLLOWIING "ll. ZONE CASE NO,Before me Frances He rn an d e x a ;Votary Public in and for Lubbock County, ZOOM GECHA GE FROM C-3 TO personallG appeared T.J. Aufil I + Account Manager of the SO11 ANUHOLST RY HOP ON LOT 14, BLOCK 13. COLLEGE VIEW pers Corporation, publishers of the Lubbock Avalanche-.lournal — Morning, Evening _ ADDITION. LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; being by me duly sworn did depose and say that said newspaper has beena�pblished cont PROVIDING A PENALTY: PRO - thin fifty-two weeks prier to the IICSt insertion of this Legal Notice VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- No.568fz6. at Lubbock Countv, Texas and l TION, ed coPy of the Legal Notice is a true copy of the original and was print ORDINANCENO. lRB2 Avalanche -Journal on the followingdates: June 104 1T, 1989 AN ORDINANCE AMEND- ING DINANCE NO. 422 Words @ .92 $388. 24 77054 AND THE OFFICIA MAP r1 Account Manager LUBBOCK AVALANCHEJOURNAL ': ,'I ti.a• Southwestern Newspapers Corporation Subscribed and sworn to before me this 5 1 h day of J Ll 89 OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.7i7B- A: A ZON ING CHANGE F ROM A- I 1 TO R•SPECIFIC USE PERMIT FOR GARDEN HOMES ON LOTS 1346.1433. MEADOWS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY: PROVIDING A I SAVI NGS CLAUSE AND PROVID- ING FOR FUBLICATION. ORDINANCE NO.42i3 AN ORDINANCE AMEND- ING ZONING ORDINANCE NO. 70U AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2631, A ZONING CHANGE FROM C•2A TO C-2A SPECIFIC USE PERMIT FOR A VETER INARY CLINIC ON LOT 35, DOLLI£ MAC 2 N D ADDI- TION. LUBBOCK. TEXAS; PRO- VIDING A PENALTY; PROVID- ING A SAVINGS CLAUSE AND PROVIDING FOR PVOUCA- TION. FORM 58.10 ORDINANCE N0.97N AN ORDINANCE AMEND- ING ZONING ORDINANCE HO. 70W AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: IONE CASE NO. 915- I R • e 7nw "Jr. rwwrvr_c cane o_