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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/14/1989Page 986 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 14, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 141'.h day of December, 1989 in the City Council Chambers, first floor, City Hull, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem .loan Baker, Councilmember T. J. Patterson, Councilmember Gary Phillips, Councilmember Bill Maloy, Councilmember George Carpenter, Councilmember 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 Councilmember T. J. Patterson. [ 2.} The Pledge of Allegiance was given in unison by those in the Council Chambers. [ 3.} Motion was made by Councilmember Patterson, seconded by Councilmember Trejo to approve the Minutes of the December 7, 1989 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Board Appointments 89-48B-986 —►22 ( 5.) A. Consider a Resolution #3263 authorizing the Mayor to sign a Contract with the State Department❑f Highways and Public Transportation for capital assistance. RESOLUTION #3263 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 with the State Department of Highways and Public Transportation for $15,030 in capital funding. This resolution shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of the Resolution as if fully copied herein in detail. December 14, 1989 Page 987 Passed by the City Council this 14th day of December, 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 V. Hoffman /s/ J. Worth Fullingim Larry 11. Hoffman, Director of J. Worth Fullingim, Assistant City Transportation Attorney Revised 9/15/89 PROJECT NUMBER: TX-90-X127 CONTRACT #: PUBLIC TRANSPORATION CONTRACT THE STAE OF' TEXAS THE COUNTY OF TRAVIS THIS CONTRACT is made by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter- called the State, and the City of Lubbock, hereinafter called the Contractor. W I T N E S S E T H WHEREAS, the State is the administering agency for the State Public Transportation Fund as prscribed by Article 6663c, V.T.C.S.; and WHEREAS, the Contractor desires to obtain public transportation funds from the State for the purpose of establishing and maintaining public and mass transportation systems; and WHEREAS, the State is authorized under Article 6663b, V.T.C.S., to assist the Contractor in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects, hereinafter called the Project; and WHEREAS, the State Highway and Public Transportation Commission passed Commission Minute Order No. 89210 authorizing the State to enter into the necessary agreements with the Contractor for funding public transportation projects; and NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the parties hereby agree as follows: A G R E E M E N T ARTICLE 1. CONTRACT PERIOD This Contract becomes effective on the final date of execution by the State's Public Transportation Director and will be completed on or before August 31, 1990, unless terminated or modified as hereinafter provided. Work performed or expenses incurred prior to the execution date of this Contract will not be eligible for reimbursement. ARTICLE: 2. PROJECT DESCRIPTION The Contractor shall undertake the public transportation project as described in Attachment A and in accordance with the terms and conditions of this Contract. Further, the Contractor shall comply with the provisions December 14, 1989 Page 988 of the Uniform Grand and Contract Management Standards prepared in response to the Uniform Grant and Contract Management Act of 1981. The Contractor shall commence, carry on and complete the project with all practicable dispatch, in a sound, economical and efficient manner in accordance with the provisions of Attachment A. ARTICLE 3. COMPENSATION A. The maximum amount payable without modification to the Contract is $15,030.00. The State will reimburse the Contractor for the authorized costs incurred in carrying out this project, which are further described in Attachment A. The maximum amount payable under the Contract is subject to the availability of appropriated funds. The State shall have no liability for any claim submitted by the Contractor or its subcontractors, vendors, manufacturers or suppliers if sufficient State funds are not available to pay the Contractor's claims. B. 'To be eligible for reimbursement under this Contract, a cost must be incurred within the contract period as specified in Article 1 above and be included in the project budget in Attachment A. C. Payment will be based on actual costs incurred in conformance with Attachment A, and will be made in accordance with cost principles outlined in Office of Management and Budget (OMB) Circular A-87. D. Costs claimed by the Contractor shall be actual net costs, that is, the price paid minus any refunds, rebates or other items of value 'received by the Contractor that have the effect of reducing the cost actually incurred. In particular, fares and other passenger revenues .shall be so identified on the Contractor's billing to the State E. ,All major items of equipment, as described in the capital budget in Attachment A, shall be included in this Contract as direct costs. 'The Contractor hereby certifies that items of equipment included in direct costs have been excluded from the indirect costs. F. Requests for payment are to be submitted to the State no more frequently than on a monthly basis, except as noted below, on invoice :statements acceptable to the State. Additional documentation to support all costs incurred during the billing period may be required at the discretion of the State. As a minimum, each billing must be accompanied by a summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item. The original invoice with required documentation is to be :submitted to the following address: William M. Pope, P.E. State Department of Highways and Public Transportation P.Q. Box 771 Lubbock, Texas 79408-0771 G. 'The State will make payment within thirty days of the receipt of properly prepared and documented requests for payment. H. 'The Contractor will submit a final billing within forty-five days of the close of the Contract termination date as specified in Article 1 above. H. 'The Contractor will submit a final billing within forty-five days of the close of the Contract termination date as specified in Article 1 above. I. The Contractor shall make payments promptly to all subcontractors and :suppliers. Failure to do so will be grounds for termination of this Contract by the State. The State shall not be responsible for the debts of the Contractor. December 14, 1989 Page 989 ARTICLE 4. CONTRACT AMENDMENTS Changes in the scope, objectives, cost, or duration of the project authorized herein shall be enacted by written amendment approved before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the Contract period as specified in Article 1. ARTICLE: 5. SUBCONTRACTS Any subcontract for professional services rendered by individuals or organizations not a part of the Contractor's organization shall not be executed without prior authorization and approval of the subcontract by the State. Subcontracts in excess of $10,000 shall contain all required provisions of this Contract. No subcontract will relieve the Contractor of its responsibility under this Contract. ARTICLE 5. RECORDS AND AUDITS A. The Contractor agrees to maintain financial records, supporting documents, statistical records, and all other pertinent records to this Contract to the extent and in such detail as is required by 49 CFR 18, which requirements are hereby made a part of this Contract. B. The Engineer -Director of the State Department of Highways and Public Transportation, the Texas State Auditor, or any of their duly authorized representatives shall have access to the records described in Paragraph A above at all reasonable times during the contract period and for the period set forth in Paragraph C below for the purpose of making audits, examinations, excerpts and transcripts. C. Financial records, supporting documents, statistical records and all other records pertinent to the Contract shall be retained for a period of three years from final payment, with the following qualifications: (I) If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigations, claims, or audit finding involving the records have been resolved. (2) Records for nonexpendable property acquired in whole or in part with State funds shall be retained for three years after its final disposition. (3) When records are transferred t❑ ❑r maintained by the State sponsoring agency, the three-year retention requirement is not applicable to the Contractor. D. The Contractor further agrees t❑ include these provisions in each negotiated subcontract. E. The Contractor shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report covers the requirements as ❑utlined in OMB Circular A-128, "Audits ❑f State and Local Governments". ARTICLE 7. FINANCIAL MANAGEMENT SYSTEMS The Contractor's financial management system shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements t❑ State and Local Governments" (49 CFR 18). Those requirements include, but are not limited to: A. Accurate, current, and complete disclosure ❑f the financial results ❑f each grant program in accordance with State reporting requirements. December 14, 1989 Page 990 B. Records which identify adequately the source and application of funds for grant -supported activities. These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays, and income. C: Effective control over and accountability for all funds, property, and other assets. The Contractor shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. D. Comparison of actual with budgeted amounts for each contract and relation of financial information to performance or productivity data, including the production of unit cost information, whenever appropriate and required by the State. E. Procedures for determing the eligibility for reimbursement and proper ,al l oc:at i on of costs. F. Accounting records which are supported by source documentation. G. A systematic method to assure timely and appropriate resolution of audit, findings and recommendations. ARTICLE 8. PROCUREMENT STANDARDS The Contractor's procurement procedures shall meet or exceed the requirements of 49 CFR 18. The Contractor shall have written selection procedures which meet the minimum requirements of that document. ARTICLE 9. PROPERTY MANAGEMENT The Contractor agrees to comply with the property management standards specified in 49 CFR 18 in its control, use, and disposition of property or equipment governed by those standards. ARTICLE 10. LABOR PROTECTION PROVISIONS The Contractor agrees to undertake, carry out and complete the project under the terms and conditions determined by the Secretary of the United States Department of Labor to be fair and equitable to protect the interests of employees affected by the project and meeting the requirements of Section 13(c) of the Urban Mass Transportation Act of 1964, as amended. ARTICLE 11. CHARTER AND SCHOOL BUS OPERATIONS A. The Contractor, or any subcontractor acting on its behalf, shall not engage in charter bus operations outside the project area within which it provides regularly scheduled public transportation service, except as provided under Section 3(f) of the Urban Mass Transportation Act of 1964, as amended, 49 USC 1602(f), and regulations pertaining to Charter Bus Operations, set forth at 49 CFR Part 604 and any amendments that may be issued. Any subcontrat entered into under these regulations is incorporated into this Contract by reference. B. The Contractor, or any subcontractor acting on its behalf, shall not engage in school bus operations, exclusively for the transportation of students or school personnel, in competition with private school bus operators, except as provided under Section 3(g) of the Urban Mass Transportation Act of 1964, as amended, 49 USC 1602(g) and regulations pertaining to School Bus Operations, set forth at 49 CFR Part 605 and any amendments thereto that may be issued. Any subcontract entered into under these regulations is incorporated into this Contract by reference. December 14, 1989 Page 991 ARTICLE 12. MONITORING AND REPORTING A. The Contractor shall submit quarterly performance reports that provide as a minimum the following: (1) A comparison of actual accomplishments to the goals established for the period. (2) Reasons why established goals were not met. (3) Other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. B. The Contractor shall promptly advise the State in writing of events which have a significant impact upon the Contract, including: (1) Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. (2) Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. ARTICLE 13. DISPUTES A. The Contractor shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. All settlements must be acknowledged to the State prior to final payment being rendered for said procurements. B. Should a dispute arise as to the Contractor's responsibilities under this contract, the State's decision shall be final and binding. ARTICLE 14. REMEDIES Violation or breach of contract terms by the Contractor shall be grounds for termination of the Contract and any increased cost arising from Contractor's default, breach of contract, or violation of terms shall be paid by the Contractor. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE; 15. TERMINATION A. The State may terminate this Contract at any time before the date of completion whenever it is determined that the Contractor has failed to comply with the conditions of the Contract. The State shall give written notice to the Contractor at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for the termination. B. If both parties to this Contract agree that the continuation of the Contract would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date. In the event that both parties agree that resumption ❑f the Contract is warranted, a new Contract must be developed and executed by both parties. C. Upon termination of this Contract, whether for cause or at the convenience of the parties hereto, the State shall retain unlimited and royalty free usage rights of all finished or unfinished December 14, 1989 Page 992 documents, data surveys, reports, maps, drawings, models, photographs, etc., prepared by the Contractor. D. The State shall compensate the Contractor for those eligible expenses incurred during the contract period which are directly attributable to the completed portion of the work covered by this Contract, provided that the work has been completed in a manner satisfactory and acceptable to the State. The Contractor shall not incur new obligations for the terminated portion after the effective date of termination. E. Except with respect to defaults of subcontractors, the Contractor shall be in default by reason of any failure in performance of this Contract in accordance with its terms, including any failure by the Contractor to progress in the performance of the work. Failure on the part of the Contractor to fulfill its obligations as set forth in this Contract will be waived by the State for causes due to the acts of God or force majeure. ARTICLE 16. GENERAL PROVISIONS A. CIVIL. RIGHTS During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations: The Contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21 and 23 CFR 710.405(b), as they may be amended from time to time (hereinafter, referred to as 'the Regulations), which are herein incorporated by reference and made ,a part of this Contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participte either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 6 of the Regulations. (3) ;solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination an the grounds of race, color, sex or national origin. (4) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the Urban Mass Transportation Administration (UMTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the Urban Mass Transportation Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. December 14, 1989 Page 993 (5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the State shall impose such contract sanctions as it or the Urban Mass Transportation Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. (5) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the State or the Urban Mass Transportation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interest of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. NONDISCRIMINATION ON THE BASIS OF HANDICAP The Contractor agrees that no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The Contractor shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations regarding Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance, set forth at 49 CFR Part 27, and any amendments thereto. C. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23 apply to this Contract as follows: The Contractor agrees to insure that Minority Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that minority business enterprises have the maximum opportunity to compete for and perform contracts. The Contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the State, may result in termination of the contract by the State or other such remedy as the State deems appropriate. D. EQUAL EMPLOYMENT OPPORTUNITY The Contractor agrees to comply with Executive Order 11245 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR, Part 50). December 14, 1989 Page 994 E. AFFIRMATIVE ACTION The Contractor warrants that affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) have been developed and are on file. F. SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS (1) Contract Work Hours and Safety Standards Act The Contractor agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC, Part 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). (2) Copeland "Anti'Kickback" Act The Contractor agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). (3) Davis -Bacon Act The Contractor agrees to comply with the provisions of the Davis - Bacon Act (40 USC 176a to 9-7) as supplemented by Department of Labor regulations (29 CFR, Part 5). (4) Relocation and Land Acquisition The terms of the Department of Transportation regulations "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are applicable to this Contract. (5) '.signs The Contractor shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the United States Department of Transportation identifying the project and indicating the Government is participating in the development of the project. G. INSURANCE The Contractor shall, as a minimum, follow the insurance requirements normally required of State and local governments. H. ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY The Contractor agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857[h:l}; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency Regulations (40 CFR, Part 15). The Contractor further agrees to report violations to the State. The Contractor agrees to recognize standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94- 163). I. CONTROL OF DRUG USE The Contractor agrees to comply with the terms of the Urban Mass Transportation Administration regulation, "Control of Drug Use in Mass Transportation Operations", set forth at 49 CFR Part 653. J. SUSPENSION AND DEBARMENT The terms of the Department of Transportation regulation, "Suspension and Debarment of Participants in DOT Financial Assistance Programs", set forth at 49 CFR Part 29, are applicable to this contract and the Contractor must December 14, 1989 Page 995 complete the Contractor Certification which is included as Attachment B. Further, any subcontractor employed by the Contractor is also bound by the terms of 49 CFR Part 29 and must complete a Contractor Certification (Lower Tier) farm. K. PROHIBITED ACTIVITIES The Contractor or any subcontractor shall not use Federal or State assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. 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. No member, officer or employee of the Contractor during his tenure or one year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. State Highway and Public Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts, or favors from any person doing business or who reasonably speaking may do business with the State under this Contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State Engineer -Director for Highways and Public Transportation. Any persons doing business with or who may reasonably spearing do business with the State under this Contract may not make any offer of benefits, gifts, or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the Contractor to adhere to this policy may result in the termination of this Contract. L. ASSURMNCES The Contractor assurances executed in Project application Standard Form 424 as prescribed in 49 CFR 18, are hereby referenced and made a part of this contract, along with the following: (1) The Contractor will comply with Article 5996a, V.T.C.S., by insuring that no officer, employee, or member of the Contractor's governing board or of the Contractor's subcontractor shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shah have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) The Contractor will insure that all information collected, assembled, or maintained by the applicant relative to this Project shall be available to the public during normal business hours in compliance with Article 6252-17a, V.T.C.S., unless otherwise expressly provided by law. (3) The Contractor will comply with Article 6252-17, V.T.C.S., which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. M. PATENT RIGHTS If any invention, improvement or discovery of the Contractor or any of its subcontractors is conceived or first actually reduced to practice in the course of or under this project, which invention, improvement or discovery may be patentable under the Patent Laws of the United States of America or any foreign country; and if said invention, improvement or discovery has not already become the property of the State under Article 15.0 above; the Contractor shall immediately notify the State and provide a detailed report. The rights and responsibilities of the Contractor, subcontractors December 14, 1989 Page 996 and the United States Government with respect to such invention will be determined in accordance with applicable Fedeal laws, regulations, policies and any waivers thereof. Further, the Contractor shall comply with the provisions of 41 CFR, Part 1-9. N. COPYRIGHTS The State and the United States Department of Transportation shall have the royalty -free, non-exclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, the work for government purposes. l�1�31[►I o111.112[0L' To the extent permitted by law, the Contractor shall indemnify and save harmless the State from all claims and liability due to activities of itself, its agents, or employees, performed under this agreement and which result from an error, omission, or negligent act of the Contractor or of any person employed by the Contractor. The Contractor shall also save harmless the State from any and all expenses, including attorney fees, which might be -incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Contractor, its agents, or employees. Such indemnity shall also apply where claims, losses, damages, causes of action, suits, or liability arises in whole or in part from the negligence of the State. P. SUCCESSORS AND ASSIGNS The Contractor binds itself, its successors, assigns, executors, and administrators in respect to all covenants of this agreement. The Contractor shall not sign, sublet, or transfer its interest in this agreement without the written consent of the State. Q. CONTRACTOR ACKNOWLEDGEMENT The Contractor acknowledges that it is not an agent, servant, or employee of the State and is responsible for its awn acts and deeds and for those of its agents or employees during the performance of the contract work. R. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenfoceable provision had never been contained herein„ S. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed. STATE OF TEXAS Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State High- way and Public Transportation Commission under the authority of Minute Order 89210. APPROVED: By Director, Public Transportation Date: RECOMMENDED FOR EXECUTION: District Engineer, District 5 December 14, 1989 Page 997 CONTRACTOR CITY OF LUBBOCK By:/s/ B. C. McMinn B. C. McMINN, MAYOR Date: December 14, 1989 Resolution No. 3263 ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary City of Lubbock APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry Hoffman, Director of Transportation, City of Lubbock APPROVED AS TO FORM: /s/ J. Worth Fullingim J. worth Fullingim, Assistant City Attorney, City of Lubbock CONTRACTOR CERTIFICATION Mayor 13. C. McMinn, being duly sworn or under penalty of perjury under the laws of the United States, certifies that, except as noted below, City of Lubbock, or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds: -is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; (toes not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter iinvoiving fraud or official misconduct within the past three years. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate below to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. Exceptions: None December 14, 1989 Page 998 Date: December 14, 1989 ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Lar-ry V. Hoffman Larry V. Hoffman, Director of Transportation /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION (Negotiated Contracts) B. C. McMinn, Mayor, being duly sworn or under penalty of perjury under the laws of the United States, certifies that neither City of Lubbock nor its principals are presently: debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall -indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. Exceptions: None ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation Grantee.: City of Port Lubbock Project Number: TX-90-X127 Contract Number: /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J.—Worth Fullingim J. Worth Fullingim, Assistant City Attorney ATTACHMENT A PUBLIC TRANSPORTATION CONTRACT BUDGET SUMMARY DESCRIPTION FEDERAL % STATE % LOCAL Planning $60,000.00 80 -0- 0 $15,000.00 Capital $173,496.00 80 $15,030.00 7 $28,345.00 Operating $850,000.00 50 -0- 0 $850,000.00 % TOTAL 20 $75,000.00 13 $216,871.00 50 $1,700,000.00 TOTAL $1,083,496.00 $15,030.00 $893,345.00 $1,991,871.00 December 14, 1989 Page 999 BUDGET REVISION #2 AND PROGRAM OF PROJECTS AND BUDGET FILED WITH RESOLUTION 89-48B--999- ?23 Paul Berlanga, Chairman of the Transit Advisory Board, presented the recommendation of the Board regarding a Contract t❑ provide $15,030 from the State Public Transportation Fund for three lift -equipped vans. The purchase of the vans was approved at the November 16, 1989 City Council meeting for a total of $140,565, with 80% of the total cost to be federally funded. The State did not include their funding of this project in the Contract ($195,250) approved by Council on October 24, 1989 but requested approval of that Contract with the promise of funding for the vans. Staff recommended approval of the Resolution. Motion was made by Councilmember Trejo, seconded by Councilmember Carpenter to authorize Resolution #3263 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. B. Consider termination of Route 13 - State School on January 1, 1990._ Mr. Berlanga noted that Citibus has operated a route to Texas Instruments and Lubbock State School for many years but reductions in TI work force and placement of many State School residents in "sheltered housing" have negatively effected the ridership numbers for this route. The service which once operated as many as 18 trips per day has been gradually reduced to its current level of three trips per day. Mr. Berlanga said that Staff conducts semi- annual analyses of all the fixed routes in the system using the following analysis categories: (1) Revenue to cost ratio, (2) revenue per service mile, (3) passengers per service hour, and (4) passengers per service mile. The minimum acceptable performance in all of these categories is 60% of the system average, and it is the policy of the Transit Advisory Board to examine any route that falls below the minimum performance levels. The Semi -Annual Route Analysis conducted in April, 1989 indicated that Route 13 was operating at substandard levels, and Staff requested that the Board consider the elimination of this route. A public hearing on the proposed termination of that route was held June 5, 1989. Following the hearing, the Board voted to monitor the route until August, 1989. At their September 19, 1989 meeting the Board voted to monitor the route until its performance fell below the 60% level in three of the four analysis categories for two consecutive months, and this occurred in both September and October, 1989. December 14, 1989 Page 1000 The statistics for the route from April through October follow: Revenue/Revenue/ Passen- Passengers/ Mile Cost gers/ Hour Mile April $0.30 $0.14 $0.72 $8.88 % System 65.22% 53.93% 58.06% 48.10% Average May $0.32 $0.15 $0.78 $9.60 % System 69.57% 56.180% 65.05% 54.47% Average June $0.24 $0.11 $0.53 $6.48 % System 51.06% 41.54% 45.89% 38.18% Average July $0.44 $0.21 $0.99 $12.16 % System 93.62% 78.36% 84.83% 70.90% Average August $0.35 $0.16 $0.75 $9.20 % System 76.42% 59.70% 64.32% 53.67% Average September $0.30 $0.14 $0.67 $8.26 % System 61.99% 51.01% 55.06% 45.88% Average October $0.24 $0.12 $0.53 $7.15 % System 48.70% 44.36% 42.86% 39.03% Average Based on the performance of the route (below the 60% level in three of the four categories in September and in all four in October) on November 28, 1989, the Board voted to recommend Council approval for termination of Route 13 on January 1, 1990. Based on the costs used to prepare the Semi - Annual Route Analysis, Citibus could save approximately $11,442 in the remaining nine months of the year since an estimated 3,150 passenger trips will be affected. (The revenue would be reduced by $1,408 and expenses by $12,850, for a total reduction of $11,442, or $5,721 in City costs.) Citibus Staff will notify administrators of the Lubbock County Youth Center and the Lubbock State School of the route termination and will also post notices in the buses and hand them out to the Route 13 passengers. Mr. Berlanga reported that this route has consistently experienced low ridership except when the Transit Staff met with those in charge of the facilities on Route 13. He said that ridership would increase for a brief period of time and then fall back to the low numbers. Councilmembers Maloy and Patterson questioned how those riding that route would get to their destinations if the route is discontinued. Mr. Berlanga pointed out that most of the riders are to and from the Youth 89-488- 1001-724 December 14, 1989 Page 1001 Detention Center. City Manager Larry Cunningham informed Council that state money is available to the Youth Detention Center for providing transportation, but because the bus route has been available, the funds have not been used. Mr. Berlanga went on to say that the current cost per trip per passenger is $11.00. Staff concurred with the recommendation of the Board to terminate Route 13 effective January 1, 1990. Motion was made by Mayor Pro Tem Balser, seconded by Councilmember Phillips to approve termination of Route 13 - State School, effective January 1, 1990 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. C. Consider Resolution #3264 authorizin the Mayor to sign an.apRlication for a grant under the Department_ of Transportation, Urban Mass Trans ortation Act of 1964 as amended to provide for capital assistance and operating assistance. RESOLUTION #3264 BE IT RESOLVED BY THE CITY CDUNCIL 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 application for a grant, under the Department of Transportation, Urban Mass Transportation Act of 1964, as amended, to provide for Capital and Operating Assistance for the period from April 1, 1990, through September 30, 1991, 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 the Resolution as if fully copied herein in detail. Passed by City Council this 14th day of December, 1989. ATTEST: s Rartette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Lar•ry Hoffman Larry Hoffman, director of Transportation /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney APPLICATION FOR GRANT FILED WITH RESOLUTION According to Mr. Berlanga, approval of this grant is needed to continue the current level of service from April 1, 1990, through September 30, 1991. This application was submitted to take advantage of the availability of Oil Overcharge Funds for a portion of the capital projects. The Urban Mass Transportation Administration does not permit recipients to December 14, 1989 Page 1002 submit more than one grant application per fiscal year, and Oil Overcharge Funds proposals are due December 15. In order to receive Federal operating assistance funds during FY 1991, the application includes funding for both operating assistance and capital assistance. The City of Lubbock funds reflected in the grant application represent an estimated amount, and the actual City of Lubbock contribution will be determined during the budget process. The Capital Assistance portion of the grant is 80% Federally funded and 20% locally funded. Oil Overcharge funds are available for certain capital items in the grant and will provide for the entire local match for those items. Of the remaining items, the State's Public Transportation Fund will provide for 13% of the local share, with the remaining 7% funded by the City of Lubbock. The projects which require City funds are contingent upon approval during the City's budget process. The capital items included in the grant application are as follow: Downtown Transfer Center $1,012,940 Bus Refurbishment 735,760 Replace Fareboxes 179,000 Replace Radio System 250,000 Repair and Seal Shop Floor; 355,000 Replace Driveway, Alley, and Parking Lot with Concrete; Replace Fiber- glass Roof Panels; Renovate Parts Room; Install Fuel Storage Monitoring System; Repaint Facility; Replace Bus Wash Upgrade Existing Passenger 450,000 Amenities and Install Additional Amenities Replace Two Lift -Equipped Vans 240,000 and Purchase Two Additional Vans *Computer System and Related 86,000 Equipment; ID Camera; Copier *Replace One -Ton Pickup (1980 20,000 Model) *Replace Two Supervisors' 24,000 Cars (1980 Models) *Maintenance Shop Equipment 37,200 Contingencies 118,848 Administration 99,832 TOTAL $3,608,580 *Not eligible for Oil Overcharge Funds (Detailed justification for each capital item is included in the grant application.) 89-48B-1003_i25 December 14, 1989 Page 1003 The total estimated cost of the Capital Assistance portion of the grant is $3,608,580. Of this amount, $2,886,864 will come from UMTA Section 9 funds; $685,200 will be provided by Oil overcharge Funds which are administered by the State Department of Highways and Public Transportation; $23,736 will be provided by the State Public Transportation Fund administered by the State Department of Highways and Public Transportation; and $12,780 will be provided by the City of Lubbock. The portions of the project which require City funds will not begin until after October 1, 1990; the remaining projects will begin April 1, 1990. The Operating Assistance portion of the grant is funded by a 50% federal share and a 50% local share. The operating portion of the grant, as submitted, will include an estimated local share of $1,100,000, of which $670,000 will be provided by the City of Lubbock (an estimate and is contingent upon final approval of Citibus' FY 1991 budget), $319,000 by Texas Tech University Student Funds, $100,000 by the State Department of Highways and Public Transportation, and $11,000 in route guarantees. The operating Assistance portion of the grant will not begin until October 1, 1990. The Transit Advisory Board and Staff recommended approval of this application. Motion was made by Councilmember Patterson, seconded by Councilmember Trejo to authorize Resolution 43264 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. D. Consider Resolution #3265 authorizin the Mayor to--sign-an application for a grant, under the State Department of Highways and Public Transportation to provide for capital assistance (Oil Overcharge). RESOLUTION #3265 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 application for a grant with the Texas State Department of Highways and Public Transportation for funding for capital projects. This resolution certifies that a request for Federal matching funds shall be submitted to the Urban Mass Transportation Administration on or before January 2, 1990, and that this request for funds shall neither supplant nor replace existing local funds that have been committed to the projects. This resolution shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of the Resolution as if fully copied herein in detail. December 14, 1989 Page 1004 Passed by City Council this 14th day of December, 1989. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Larry Hoffman_ /s/ J. Worth Fulli_ngim Larry Hoffman, Director of J. Worth Fullingim, Assistant Transportation City Attorney The application to the State for funding for capital projects is for projects which are eligible for Oil Overcharge Funds --monies awarded by the U.S. Justice Department in compensation for overcharges by ail companies. The funds distributed through the Governor's office and administered by the State Department of Highways and Public Transportation have been designated for projects which will benefit low and moderate income persons. The State Department of Highways and Public Transportation has divided the available Oil Overcharge Funds into three funding cate- gories. The Oil Overcharge funds are to be used as the 20% local share to match with federal funds and no City funds will be involved in any of the Oil Overcharge projects. The categories are: 1. Replacement/refurbishment of revenue vehicles, where $1.4 million in Oil Overcharge Funds will generate a total of $7 million. 2. Construction/renovation of facilities, where $500,000 in Oil Overcharge Funds will generate a total of $2.5 million. 3. Revenue vehicles for service expansion and new service, where $100,000 in Oil Overcharge Funds will generate a total of $500,000. The projects are listed below in priority order within the categories, and amounts shown for each item differ from amounts shown in the federal application because the federal application includes Contingencies and Administration as separate line items whereas the State application includes Contingencies and Administration with each separate project. December 14, 1989 Page 1005 REPLACEMENT/REFURBISHMENT OF REVENUE VEHICLES: Bus Refurbishment - 18 buses $ 428,529 Bus Refurbishment - 16 buses 374,91 Two Lift -Equipped Vans 131,040 Replace Fareboxes 195,468 Replace Radio System 273,000 CONSTRUCTION/RENOVATION OF FACILITIES: Downtown Transfer Facility $1,012,940 Facility Improvements 387,660 Passenger Amenities 491,400 REVENUE VEHICLES FOR SERVICE EXPANSION/HEW SERVICE: Two Lift -Equipped Vans $ 131,040 An analysis by Citibus Staff of the selection criteria for Oil Overcharge projects indicates that the Downtown Transfer Facility should be given top priority as it meets the selection criteria and has the best potential to benefit the highest number of passengers. Staff anticipated that the center will generate a 10-15% increase in passengers, with additional revenues offsetting the cost of operating the center. Staff memo indicated that because competition for available funds is heavy, placing the transfer center to any position other than top priority will result in available funds being allocated to other projects, and make the chances of the transfer center's being funded slim. A Special Transit Board meeting was held Friday, December 8, 1989 to discuss the prioritization in the Oil Overcharge grant application. At this meeting the Board voted to place the transfer- facility as priority one, and the others as indicated in the above listing. Center Corp, the group assisting the City Council in the Redevelopment Plan of the Central Business District, supports and encourages this priority and application. Therefore, Staff recommended Council approval to place the Downtown Transfer Center as the top priority in its funding category and of the funding application. Motion was mar' by Mayor Pro Tem Baker, seconded b,-ouncilmember Treja to authorize Resolution #3265 as recommended by Staff. Motion carried: 6 Yeas; 1 Nay--Councilmember Carpenter. 89-48B-1005- 726 ( 6.) Presentation of Retirement Awards to employees who retired in 1989. Retirement plaques were presented to 31 employees who have retired during 1989. December 14, 1989 Page 1006 89-48B-1006-727 ( 7.) ORDINANCE #9323 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2638; A ZONING CHANGE FROM T TO M-1 ZONING ON A TRACT OUT OF SECTION 25, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to pass on second and final reading Ordinance #9323 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-1006-728 8.) ORDINANCE #9320--Repealing--sections of the Code of Ordinances which have become obsolete superseded, or are no longer needed. ORDINANCE #9320 AN ORDINANCE REPEALING CERTAIN SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WHICH HAVE BECOME OBSOLETE, SUPERSEDED OR NO LONGER NEEDED, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to pass ❑n second and final reading Ordinance #9320 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B--1006-129 ( 9.) ORDINANCE #9321--Altering the -terms of certain boards and commissions to comply with constitutional requirements. ORDINANCE #9321 AN ORDINANCE ALTERING THE TERMS OF CERTAIN BOARDS AND COMMISSIONS OF THE CITY OF LUBBOCK TO COMPLY WITH CONSTITUTIONAL REQUIREMENTS BY AMENDING THE FOLLOWING SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS; SECTION 2-354 (AIRPORT BOARD), SECTION 2-485 (ELECTRIC UTILITIES BOARD), SECTION 13-1(j) (HOUSING STANDARDS COMMISSION), SECTIONS 2-263 AND 2-264 (PARKS AND RECREATION BOARD), SECTION 2-389 (PLANNING AND ZONING COMMISSION), AND SECTION 29-25(f)(3) (URBAN DESIGN AND HISTORICAL PRESERVATION COMMITTEE); PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Phillips, seconded by Councilmember Trej❑ to pass on second and final reading Ordinance #9321 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-1006--73O (10.) ORDINANCE #9322--Altering the boundaries of City voting precincts to conform them to Lubbock County precincts. December 14, 1989 Page 1007 ORDINANCE #932Z AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY.AMENDING THE LANGUAGE OF PORTIONS OF SECTION 8-4 WITH REGARD TO CERTAIN POLLING PLACES; ALTERING CERTAIN PRECINCT BOUNDARIES AS REQUIRED BY STATE LAW; PROVIDING A MAP OF THE VOTING PRECINCTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL RE- MAIN THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to pass on second and final reading Ordinance #9322 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B- 1007-731 (11.) RESOLUTIDN #3266 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELD14: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Western Meadows Addition, Lots 14-A, 15-A & 19-A-1 made arrangements with Kerr Construction Company for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the abovementioned addition including the following street: Alley stub removal on east side ❑f Slide Road between 54th and 55th streets and replace with curb and gutter designated as N.S. 2034- 18. WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to release escrow money in the amount of $695.00. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. December 14, 1989 Page 1008 Passed by the City Council this 14th day of December, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry . Hertel Larry D. Hertel, City Engineer 11Q ANTIfIES /s/ B. C. _McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. worth Ful l i:igim J. Worth Fullingim, Assistant City Attorney WESTERN MEADOWS ADDITION Lots 14-A, 15-A, & 19-A-1 December 14, 1989 Unit & Sub- unit _ Location 2034-18 Alley stub removal on east side of Slide Rd. between 54th and 55th. Streets and replace with curb and gutter. 22.42 S.Y. Concrete alley stub removal and disposal 35.42 L.F. Curb and Gutter removal and disposal 34.00 L.F. Curb and Gutter construction COST D:ISTRIBUTION Contract Developer City Escrow Cost Cost Account $695.00 $695.00 $695.00* * Placed in City escrow account by developer in lieu of bank letter and to be returned to developer subsequent to acceptance by City Council. CONSTRUCTION-JS LUMP SUM CONTRACT WITH KERR CONSTRUCTION COMPANY FOR $695.00. This is a routine acceptance of paving improvements of a subdivision situated east of Slide Road and south of 54th Street which is required at the time of platting. It consists of the removal of a concrete alley return and replacement with curb and gutter where the alley was closed. No City cost is due the contractor upon this acceptance, and the developer placed $695 with the City in lieu of a bond which will be returned upon this acceptance. Staff recommended approval. Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to authorize Resolution #3266 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-1008-73P (12.) Consider Resolution #3267 authorizing the Mayor to sign December 14, 1989 Page 1009 RESOLUTION #3267 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the Cover (Title) Sheet of the Texas Department of Highways and Public Transportation Plans for State Project MC-52-7-49 for the construction of miscellaneous work consisting of storm drain and appurtenances at U.S. 84 and Flint Avenue. Passed by the City Council this 14th day of December, 1989. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: ZsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Lai," DD . Hertel J . Worth Ful l i ng i m, Larry D. Hertel, City Engineer J. Worth Fullingim, Assistant City Attorney COVER (TITLE) SHEET FILED WITH RESOLUTION 89-48B--1009-733 (13.) This proposed State project will correct a drainage problem on Clovis Road (U.S. 84) after reconstruction (with full crown instead of the old surface dip). The construction will be a 24" pipe for one block on Flint Avenue between Clovis Road and Shallowater Drive and will tie into the City's existing storm sewer. The storm water collected by this new storm sewer extension is the same storm water which previously passed overland to the City's storm sewer; therefore, this construction will not place an additional burden on the City's system. Staff recommended approval. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson, to authorize Resolution #3267 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Lubbock Lakesite and on and off ramps]. RESOLUTION _#3268 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the Cover (Title) Sheet of the Texas Department of Highways and Public Transportation plans for State Project CD 783-2-54, Loop 289 miscellaneous work consisting of Lubbock Lakesite crossings and construction of on -and - off ramp. SECTION 2. THAT it is hereby found and determined that these crossings and on -and -off ramps will greatly aid in accessing the Lubbock Lakesite and the Burl Huffman complex. December 14, 1989 Page 1010 Passed by the City Council this 14th day of December, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: [sL Larry.. D. Hertel Larry I). Hertel, City Engineer COVER (TITLE) SHEET FILED WITH RESOLUTION 89-48B-1010-734 (14.) Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullin_gim J. Worth Fullingim, Assistant City Attorney This proposed State project will provide improved ingress and egress to Lubbock Lakesite area and to Burl Huffman Complex by providing a crossover of the Santa Fe Railroad and on/off ramps on Loop 289. The entrance road to Lubbock Lakesite is being realigned and improved. Staff recommended approval. Motion was made by Councilmember Trejo, seconded by Councilmember Phillips to authorize Resolution #3268 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3269 A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIO"!S. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. THAT public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: Alley (10' Wide) Name The alley between 61st Street and 62nd Drive and between Louisville Drive and Kenosha Drive Name 34th Street Streets From West Loop 289 To Milwaukee Avenue SECTION 2. THAT said portions of streets, highways, and avenues shall be improved by raising, grading, and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted base and by surfacing with 1 1/2" asphaltic concrete surface or concrete paving. Alleys shall be improved by installing a ten (10) foot wide, 5" minimum depth reinforced concrete strip in the center of the alley right-of-way. December 14, 1989 Page 1011 SECTION 3. THAT the City Engineer is hereby directed to prepare plans and specifications for such improvements. SECTION 4. THAT such improvements in each unit shall be paid for in the following manner: STREET IMPROVEMENTS (a) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. ALLEY IMPRDVEMENTS (b) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements in the following manner: All property will be assessed ninety (90) percent of the total construction cost. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (c) The remaining cost of said improvements after deducting the sums finally assessed against abutting property and the owners thereof under subparagraph (a) and (b) above, shall be paid by the City of Lubbock. SECTION 5. THAT the amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installations, the first of which shall become due on or before twenty (20) days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of eight percent per annum on street improvements and eight percent per annum can alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment of certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. SECTION 6. THAT assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter and amendments thereto, now in force in this City, and in accordance with the provisions of Article 11058, Revised Civil Statutes of Texas as amended by Chapter 281 of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. December 14, 1989 Page 1012 SECTION 7. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 14th day of December, 1989. ATTEST: s Rannette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry D1. Hertel Larry ID. 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 This is the first of a series of five Resolutions and one Ordinance in the procedure to levy paving assessments for proposed paving improvements. The 1990 Assessment Program includes 34th Street from Loop 289 to Milwaukee Avenue, a T-2 thoroughfare and one "tee" alley situated between 61st Street and 62nd Drive and between Louisville Drive and Kenosha Orive. Plans and specifications will be prepared by Parkhill, Smith and Cooper, and City staff will handle assess- ments (preparation of rolls indicating owners, legal descriptions of properties to be assessed, and amounts proposed to be assessed). Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Maloy to authorize Resolution #3269 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-488.-1012..7_35 (15.) Consider setting the date and time for the Emer enc Shelter Grant Program Public Hearing on January 11, 1990. - The City of Lubbock is submitting an application to the U.S. Department of Housing and Urban Development under the Emergency Shelter Grant Program to assist the homeless in Lubbock. A Request for Proposals was published in the Lubbock Avalanche Journal, which invited non-profit agencies to submit applications for funding. In addition, a copy of the RFP was mailed directly to area organizations which assist or come in contact with Lubbock's homeless. The proposals will be reviewed and recommendations for funding will be brought to the City Council for their consideration. As part of the application process, the City Council conducts one Public Hearing in order to provide citizens an opportunity to comment on the proposed allocation of the Emergency Shelter Grant funds, and Staff recommended setting the time and date of the Public Hearing for January 11, 1990 at 10:45 a.m. Motion► was made by Councilmember Patterson, seconded by Councilmember Trejo setting the date and time for the Emergency Shelter Grant Program Public Hearing for January 11, 1990 at 10:45 a.m. as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-1013- 736 (15.) December 14, 1989 Page 1013 traffic safety improvements at 50th Street and Universit • 50th Street and Indiana• 50th Street and Quaker; and 50th Street and Slide Road. RESOLUTION #3270 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 directed to execute for and on behalf of the City of Lubbock the Cover (Title) Sheet of the plans prepared by the Texas Department of Highways Public Transportation for traffic improvements on 50th Street with its intersections at University Avenue, Indiana Avenue, Quaker Avenue, and Slide Road. Financing for this project is under a Federal Aid Project HESOOOS (515), Safety Funding. Passed by the City Council this 14th day of December, 19B9. ATTEST„ s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s David E. Woosle David E. Woosley, Traffic Engineer COVER (,TITLE) SHEET FILED WITH RESOLUTION /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Full_ingim J. Worth Fullingim, Assistant City Attorney and and This program provides for the extension of signal mast arms for east -west left -turn signals, installation of signal backplates, side -mounted signals, pedestrian signals, and improved pavement markings and signing at each of the above intersections. These traffic safety improvements were recommended by the Lubbock "High Accident Location Study" (prepared by DeShazo, Starek and Tang, Inc., Dallas, Texas, 1988). The project work is being financed with 90% Federal Safety Funds and 10% City funding. The State Depart- ment of Highways and Public Transportation will bid and process the construction of this program, and acceptance of bids and awarding of Project Contract is scheduled by the Highway Commission for February, 1990, with a tentative starting date within 30 days after that and the length of construction time, 90 working days. The City will participate by providing the design and specifications and 10% of the construction costs (as established in the Traffic Control System Capital Projects). Payment procedures of the City's 10% cost will be defined in an Escrow Agreement which the Highway Department will submit to the City after January 1, 1990. Staff recommended approval. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to authorize Resolution #3270 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. December 14, 1989 Page 1014 89-48B-1014-737 (17.) Consider Engineers Report for the Evaluation of Wastewater Treatment and Disposal Alternatives and make selection. 89-48B--1414-738 (18.) Black and Veatch, Engineers for the City of Lubbock long range Wastewater Improvements, are nearing completion of the Engineering Plan required by the Texas Water Development Board under the State Revolving Loan Fund program. Initially, eleven treatment and disposal alternatives were identified and screened based upon cost, social and environmental factors. Three alternatives were selected by the City as being most favorable for implementation and further evaluation as follows: Alternative A - Continued total land application. Alternative B - Combination land application and stream discharge. Alternative C - Combination land application and reuse on public areas. Alternatives A and C were subdivided into five options for evaluation purposes, and combining these five options with Alternative B resulted in a total of six candidate alternatives for final detail review and selection. Each alternative includes a Contingency Plan, as required by the Texas Water Commission, for disposal of wastewater when "users" refuse to take the flow as they are allowed to do under the proposed Reclaimed Water Regulations of the Texas Water Commission. The results of the evaluation of the eleven treatment and disposal alternatives, and more specifically the three semi-final candidates, are included in a report from the Engineers entitled "Evaluation of Wastewater Treatment and Disposal Alternatives" dated December, 1989. Staff recommended that Council decide upon one alternative (for ultimate presentation to the Texas Water Development Board) during this Council meeting. Motion was made by Mayor Pro Tem Baker, seconded by Councilmember Maloy to accept Engineers Report for the Evaluation of Wastewater Treatment and Disposal Alternatives, and to select Alternative C-3. Motion carried: 7 Yeas; 0 Nays. RESOLUTION 43271 WHEREAS, Senate Bill 1426 enacted by the 71st Texas Legislature requires the organizational combination of local agencies that establishes a MHMR community center to (1) establish the application procedure for a position on the board of trustees, (2) establish the procedure and criteria for making appointments to the board of trustees, (3) establish the procedure for posting and filling a vacancy on the board of trustees, and December 14, 1989 Page 1015 (4) establish the procedure for removing a member of the board of trustees; and WHEREAS, the Lubbock Regional MHMR Center has been established jointly by the City of Lubbock, Lubbock County and the Lubbock Independent School District in accordance with Vernon's Ann.Civ.St., art. 5547-203; and WHEREAS, it is deemed expedient and in the public interest for the City of Lubbock, Lubbock County and the Lubbock Independent School District to establish such procedures as are now required by Section 3.02(c) of Article 5547-203 (S.B. 1426); NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK; THE COUNTY COMMISSION OF LUBBOCK COUNTY; AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT: THAT the procedures set forth in Exhibit A hereto, which is hereby made a part of the Resolution for all intents and purposes just as though it were copied herein in detail, are hereby adopted with regard to establishing procedures with regard to (1) the application procedure for a position on the board of trustees of the Lubbock Regional MHMR Center, (2) the appointment procedure and criteria for making appointments to the board of trustees of the Lubbock Regional MHMR Center, (3) the procedure for posting and filling a vacancy on the board of trustees of the Lubbock Regional MHMR Center, and (4) the procedure for removing a member of the board of trustees of the Lubbock Regional MHMR Center. Passed this 14th day of December, 1989, by the City Council of the City of Lubbock, Texas. ATTEST: Zsl Rarrette Boyd Ranette Boyd, City Secretary CITY OF LUBBOCK: Is1 B. C. McMinn B. C. McMinn, Mayor Passed this 11th day of December, 1989, by the County Commissioners of Lubbock County, Texas. ATTEST:. Zsl Anri Davidson Ann Davidson, County Clerk LUBBOCK COUNTY: s Rod Shaw Rod Shaw, County Judge Passed this 15th day of December, 1989, by the Board of Trustees of Lubbock; Independent School District. ATTEST: LUBBOCK INDEPENDENT SCHOOL DISTRICT: s Billie Caviel s Nancy Neal Billie Caviel, Secretary Nancy Neal, Chairperson EXHIBIT A A. Procedure for appointments to the Board of Trustees 1. During the month of June each year or as vacancies occur, the Board of Trustees, through the Executive Director, will notify each sponsoring agency of the members completing a term of office and will provide the names of any persons known to be interested and willing to serve in this capacity. Vacancies occuring for reasons other than completion of the term of office will be reported in the same manner. 2. The sponsoring agency will post a notice of such vacancy in a public place for at least five (5) working days and will accept application from persons interested and willing to serve in this capacity. December 14, 1989 Page 1016 3. Following receipt of applications the sponsoring agency will place this item an the agenda of a regular pasted meeting and will officially appoint the member or members to the Board of Trustees for a two (2) year term. The attached criteria recommended by the Texas Council of Community MHMR Centers will be observed. 4. The sponsoring agency will notify the member appointed and the Board of Trustees of such action. 5. Appointments are for a two (2) year term beginning on September 1, except for appointments to replace members with time remaining in a term. In that event, the appointment will be for the unexpired term of the member replaced. B. Procedure for Removing ember of the Board of Trustees Members of the Board of Trustees may be removed by the sponsoring agency for various reasons including but not limited to the following: 1. Non-compliance with attendance requirements established by the Board of Trustees. 2. Conflict of interest. The procedure for removal of a member of the Board of Trustees is as follows: .1. Recommendation for removal of a member will be made by the Board of Trustees following a majority vote of a quorum. 2. The chair will notify the sponsoring agency of the recommendation of the Board of Trustees to remove specifying the reason for such action. 3. The sponsoring agency will place the item an the agenda of a regular posted meeting and take official action. 4. The sponsoring agency will notify the member affected and the Board of Trustees of such action. �i. The procedure for filling such a vacancy will be the same as (A) above. Senate Bill 1426, recently adopted by the 71st Texas Legislature, includes a requirement that agencies establishing a Community MHMR Center prescribe the procedure and criteria for appointing and removing members of the Board of Trustees of the Lubbock Regional Mental Health and Mental Retardation Center. The amended portion of Senate Bill 1426 states that the local agency or organizational combination of all local agencies that establishes a coma -city center shall prescribe the following: 1. The application procedure for a position on the Board of Trustees. 2. The procedure and criteria for malting appointments to the Board of Trustees. 3. The procedure for posting and billing a vacancy on the Board of Trustees. 4. The procedure for removing a member of the Board of Trustees. December 14, 1989 Page 1017 According to Staff comments, the local entities consisting of the City of Lubbock, Lubbock County, and the Lubbock Independent School District must adhere to and make available for public review these provisions of the Senate Bill no later than December 31, 1989. Therefore, the Lubbock MHMR Board of Trustees submitted a working draft of such a procedure and criteria, for approval by the three entities, which includes a copy of "suggestions for criteria for selection of community MHMR Center Board Members", as adopted by the Texas Council ❑f Community MHMR Centers Board of Trustees on October 8, 1988. Motion was made by Councilmember Carpenter, seconded by Councilmember Patterson to authorize Resolution #3271 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B--1017-~39 (19.) BID #10428- Municipal Square heating water system renovation, and authorize same (Building Maintenance_) RESOLUTION #3272 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 Climate Control Company for Municipal Square heating water system renovation, 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 14th day of December, 1989. ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Genie Eads Gene Eads, Purchasing Manager 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 CONTRACT THIS AGREEMENT, made and entered into this 14th day of December, 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 d❑ so, hereinafter referred to as OWNER, and Climate Control Company 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: December 14, 1989 Page 1018 BID NO. 10428 - MUNICIPAL SQUARE HEATING WATER SYSTEM RENOVATION FOR THE AMOUNT OF $69,877.00 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 Rariette Boyd Secretary APPROVED AS TO CONTENT: s Gene Eads Purchasing Manager COMPLETE ADDRESS: Climate Control Company P.O. Box 1698O Lubbock, Texas 79490 /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Assistant City Attorney CLIMATE CONTROL COMPANY CONTRACTOR By: /s/ TITLE: ATTEST: Secretary Climate Control Co. Motion was made by Councilmember Carpenter, seconded by Councilmember Phillips to authorize Resolution #3272 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-1018-740 (20.) BID #10368--Police motorcycles (Police Department)_ Kawasaki/Suzuki Good Times--2 Police motorcycles. Motion was made by Councilmember Carpenter, seconded by Councilmember Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Hays. 89-48B-101.8_741 (21.) Bid #10392 Boiler Insurance (Risk Management), and authorize same. December 14, 19B9 Page 1019 RESOLUTION #3273 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 Hartford Steam Boiler 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. Passed by the City Council this 14th day of December. 1989. ATTEST:: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Rod Bouffard Rod Bouffard, Assistant Director of Finance STATE= OF TEXAS COUNTY OF LUBBOCK jsf B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s1 Harold Willard _ Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 14th day of December, 19B9 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 Sanford Agency 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. 10392 - HARTFORD STEAM BOILER INSURANCE FOR THE AMOUNT OF $88,000.00 (ONE YEAR PREMIUM) and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) awn 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 documenits and to make payment an account thereof as provided therein. December 14, 1989 Page 1020 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 Rod Bouffard Assistant Director of Finance COMPLETE ADDRESS: Sanford Agency P.O. Box 64790 Lubbock, Texas 79464 89-48B-1020-742 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold _Willard Assistant City Attorney HARTFORD STEAM BOILER COMPANY SANFORD AGENCY By: /s/ TITLE: ATTEST: Secretary The Sanford Agency/Hartford Steam Boiler. Motion was made by Councilmember Carpenter, seconded by Councilmember Phillips to authorize Resolution #3273 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (22.) BID #10425--Perimeter fence for Cogeneration Site and authorize same (Electric Production). RESOLUTION #3274 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 Mike Klein General Contractor, Inc. for the perimeter fence at the cogeneration site, 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 14th day of December, 1989. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEAS COUNTY OF LUBBOCK December 14, 1989 Page 1021 THIS AGREEMENT, made and entered into this 14th day of December, 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 Mike Klein General Contractor, 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. 10425 - PERIMETER FENCE FOR COGENERATION SITE FOR THE AMOUNT OF $557,000.00 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) ZsZ Raniette Boyd Secretary APPROVED AS TO CONTENT: ZsZ Genie Eads Purchasing Manager COMPLETE ADDRESS: Mike Klein General 4402 Quirt Contractor, Inc. Lubbock, Texas 79404 Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s1 Harold Willard Assistant City Attorney MIKE KLEIN GENERAL CONTRACTOR By: Zs� TITLE: ATTEST: Secretary CONTRACTOR, INC. December 14, 1989 Page 1022 Mike Klein Gen. Contractors, Inc. Motion was made by Councilmember Carpenter, seconded by Councilmember Phillips to authorize Resolution #3274 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48B-1022• 7$3 (23.) Bid #10357 Natural Gas Supply (Electric Production) and Authorize Same. RESOLUTION #3275 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 Gas Sales Contract by and between the City of Lubbock and the State of Texas School Land Board, 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 14th day of December, 1989. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Is/Robert Massengale _ Is1 Donald G. Vandiver Robert Massengale, Assistant City Donald G. Vandiver, F Manager for Financial Services Assistant City Attorney GAS SALES CONTRACT BY AND BETWEEN STATE OF TEXAS GENERAL LAND OFFICE THE COMMISSIONER OF THE GENERAL LAND OFFICE AND THE CHAIRMAN OF THE SCHOOL LAND BOARD OF THE STATE OF TEXAS AND THE CITY OF LUBBOCK, TEXAS GLO Contract No. 90-086 P THIS CONTRACT, made, entered into and effective the 1st day of April, 1990, hereinafter referred to as "Effective Date", by and between the STATE OF TEXAS, acting by and through the School Land Board and the Commissioner of the General Land Office, hereinafter referred to as "Seller", and the CITY OF' LUBBOCK, TEXAS, hereinafter referred to as "Buyer". WITNESSETH: WHEREAS, Seller has available a supply of in -kind royalty natural gas which has been produced in Texas; and WHEREAS, Buyer owns and operates a 20 MW combustion turbine located on the campus of Texas Tech University, (the "turbine"), and that said turbine generates and supplies steam and electricity for the primary benefit of Texas Tech University in Lubbock, Texas, and requires a supply of natural gas for the utilization of said turbine; and December 14, 1989 Page 1023 WHEREAS, Seller desires to sell to Buyer and Buyer desires to purchase from Seller such natural gas under the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter set forth, and pursuant to the authority provided the School Land Board and the Commissioner of the General Land Office under Section 52.133, Texas Natural Resources Code and other applicable law, and the authority provided the City of Lubbock under Vernon's Ann. Civ. St. art. 4413(32c) and other applicable law, the parties covenant and agree as follows: ARTICLE I DEFINITIONS Except as otherwise specified, the following terms as used herein shall be construed to have the following meanings: 1. Day - shall mean a period of time commencing at seven o'clock (7:00) a.m. Local Time, hereinafter referred to as "LT", on any day and ending at seven o'clock (7:00) a.m. LT on the next succeeding day. 2. Month - shall mean a period of time commencing at seven o'clock (7:00) a.m. LT on the first day of any month and ending at seven o'clock (7:00) a.m. LT on the first day of the following month. 3. Year - shall mean a period of three hundred sixty-five (365) consecutive days commencing and ending at seven o'clock (7:00) a.m. LT; provided, however, that any year which contains the date of February 29 shall consist of three hundred sixty-six (366) consecutive days. 4. Psia - shall mean pounds per square inch, absolute. 5. Psia - shall mean pounds per square inch, gauge. 6. Gas - shall mean natural gas as produced in its natural state. 7.. Cubic foot of gas - shall mean the volume of anhydrous gas contained in one (1) cubic foot of space at a standard pressure base of fourteen and sixty-five hundredths (14.65) psia and a standard temperature base of sixty (60) degrees Fahrenheit, hereinafter referred to as "F". 8„ Mcf - shall mean one thousand (1,000) cubic feet. 9, Btu - shall mean British thermal unit. 10. MMBtu - shall mean one million (1,000,000) Btu's. 11. Gross heating value - shall mean the number of Btu's produced by the complete combustion, at constant pressure, of the amount of gas which would occupy a volume of one (1) cubic foot at a temperature of sixty (60) degrees F, if saturated with water vapor and at a constant pressure of fourteen and sixty-five hundredths (14.65) psia and under standard gravitational force (acceleration 980.65 centimeters per second) with air of the same temperature and pressure as the gas when the products of combustion are cooled to the initial temperature of the gas and air and when the water formed by combustion is condensed to the liquid state, and when corrected from the conditions of testing to that of the actual condition of the gas as delivered expressed in Btu per cubic foot and reported at a pressure base of fourteen and sixty-five hundredths (14.65) psia; provided, however, if the gas as delivered contains seven (7) pounds of water or less per one million (1,000,000) cubic feet, such gas shall be deemed to be anhydrous. 12. WACOG - shall mean the weighted average cost of gas as recorded by the General Land Office - Gas marking Division for sales of state royalty, gas to state customers on a monthly basis to which Buyer shall have reasonable access upon written request to Seller. December 14, 1989 Page 1024 13. Gas Transporter - shall mean any gas transportation company with which Seller may from time to time contract for the purpose of providing transportation of Seller's gas as required under this Contract. ARTICLE II QUANTITY Commencing with the Effective Date and continuing throughout the term hereof, Seller agrees to use its best efforts t❑ deliver and sell and Buyer agrees to accept and purchase up to 4,680 MMBtu's (based on a Btu content of 1,040 per cubic foot) of gas each day during the term of this Contrat for Buyer's operation of the turbine; provided, however, that in the event Seller is unable, for any reason other than force majeure, to deliver an average of the full daily requirements up to 4,680 MMBtu's (based on a Btu content of 1,040 per cubic foot), Buyer may, upon 10 days' written notice to Seller, reduce the volume under this Contract to the average daily volume delivered by Seller during the preceding sixty (60) day period. ARTICLE III POINT OF DELIVERY The point of delivery shall be in Hockley County, Texas, at Northern Natural's natural gas pipeline where it connects with the Northern -Adobe interconnect serving the Texas Tech University cogeneration facility. ARTICLE IV MEASUREMENT 1. Unit of Volume - The Unit of Volume for measurement of gas sold and purchased hereunder shall be one (1) cubic foot of gas at a base temperature of sixty (60) degrees F and at a pressure ❑f fourteen and sixty-five hundredths (14.65) psia, as provided by the Natural Resources Code of the State of Texas (Sections 91.051 through 91.062 of Vernon's Texas Codes Annotated). i'. Basis - All measurement facilities hereunder shall be operated in accordance with the standards approved by the American National Standards Institute of June 18, 1977 and prescribed in the Gas Measurement Committee ❑f the American Gas Association, hereafter referred t❑ as "AGA", Report Number 3 (ANSI/API 2530, First Edition) as it is now and from time t❑ time may be revised, amended or supplemented. Where measurement is by other than orifice meters, determination of the necessary factors for proper volume shall be as mutually agreed by the Parties. Buyer understands that Seller does not own or control any measuring facililities of gas transporter. However, Seller agrees to use its best efforts to assure Buyer's access to gas transporter's measuring facilities to the extent that in the event the meters are found to be inaccurate, such meters will be adjusted to register accurately. Also, in the event Seller and/or Buyuer desires a special test ❑f said measuring facilities, the Seller and/or Buyer shall cooperate to secure prompt verification of the accuracy of such facilities. Seller and/or Buyer agree to give the other parties sufficient advance notice of the time of all such special tests so that any party may conveniently be present or have its representative present:. If upon any test, the percentage of inaccuracy of the measuring facilities is found to be in excess of one (1).percent, Seller and/or Buyer shall use its best efforts to asure that registrations thereof shall be corrected for a epriod extending back to the time such inaccuracy occurred if such time is ascertainable, and if not ascertainable, then back one-half (1/2) of the time elapsed since the last date of calibration not to exceed fifteen (15) days. 3. ideal Gas Laws - The measurement hereunder shall, unless otherwise agreed to by the parties, be corrected for deviation from Ideal Gas Laws, such shall be determined by use of the tables of formulas published by the AGA Par Research Project NX-19, corrected for carbon dioxide and nitrogen. Determination of the molecular percentage of carbon dioxide and nitrogen in the gas shall be made within thirty (30) days after initial deliveries commence hereunder and at least quarterly thereafter. The molecular percentage of carbon dioxide and nitrogen thus determined December 14, 1989 Page 1025 will be used to determine the supercompressibility factors during the ensuing period, with corrections for specific gravities, temperatures and pressures under which gas is delivered hereunder. 4. Determination of Flowing Temperature - The temperature of the gas flowing through the measure facilities hereunder shall be determined by means of the continuous use of a recording thermometer, or by such other methods as the parties may mutually agree. The arithmetic average temperature of the gas each day, during periods of flow only, shall be used in computing the quantity of gas delivered for that day. 5. Determination of Specific Gravity - The specific gravity of the gas flowing through the measuring facilities hereunder shall be determined by means of the continuous use of a recording gravitometer, or such other methods as may be agreed to by the parties. The arithmetic average specific gravity recorded each day, during periods of flow only, shall be used in computing the gas volume for that day. 6. Determination of Gross Heating Value - The gross heating value of the gas hereunder shall be determined by means of a recording calorimeter, employing the Thomas principle of calorimetry, proportional to flow continuous sampler or such other recording device mutually agreed upon by the parties hereto and acceptable within the industry. The arithmetical average of the hourly gross heating value recorded each day, during period of flow only, shall be considered as the heat content of the gas during such day. The gross heating value of such sample to be obtained either by calorimeter or chromatographic analysis using the values of the physical constants for the gas compounds and the procedure for determining the gross heating value of the gas shall be on a real basis in accordance with ANSI/A5TH D3588-79, as it is now and from time to time may be revised, amended or supplemented. The gross heating value of gas so determined in Btu's shall be considered for all purposes to be the gross heating value of the gas hereunder for the month in which the sample is taken and all succeeding months until that month in which a new sample is taken. ARTICLE V QUALITY 1. All gas delivered hereunder shall conform to the following specifications. The gas will: (a) Contain not more than one -quarter (1/4) grain of hydrogen sulfide or more than ten (10) grains of sulphur per one hundred (100) cubic feet; (b) Have a Gross Heating Value of not less than nine hundred fifty (950) Btu's per cubic foot of gas but not more than one thousand one hundred eighty (1180) Btu's when saturated with H2O vapor; (c) Have a temperature of not greater than one hundred twenty (120) degrees F or less than forty (40) degrees F; (d) Contain not more than three (3) percent by volume of carbon dioxide or one (1) percent by volume of oxygen; (e) Be commercially free of all liquids, suspended matters, dust, all gums and gum forming constituents, and other objectionable substances; and (f) Contain not more than seven (7) pounds of H2O vapor per one million (1,000,000) cubic feet. 2. If at any time gas tendered hereunder shall fail to substantially conform to any of the quality specifications set forth above, Buyer shall notify Seller of such deficientcy and Seller shall remedy such deficiency as soon as practicable. If Seller shall not have corrected any failure to meet such quality specifications within thirty (30) days after receiving notice from Buyer of such failure, then Buyer shall have the right to terminate this contract by giving Seller notice of termination December 14, 1989 Page 1026 after said thirty (30) day period and prior to the date Seller's gas being delivered to Buyer begins to meet such quality specifications. ARTICLE VI PRICE The price for gas delivered to the Point(s) of delivery shall be the General Land Dffice-Gas Marketing Division monthly in -kind Weighted Average Cost of Gas (WACOG) plus $.03 per MMBTU. In addition to the WACOG plus $.03 per MMBTU mentioned in the first sentence of this paragraph, $.03 per MMBTU shall be due as a contract maintenance fee. In addition, Buyer shall reimburse Seller for all transportation and fuel charges, including any Federal Energy Regulatory Commission fees or charges, and compression fees assessed Seller by any pipeline companies transporting gas sold under this contract, including, without limitation, those charges set out in Exhibit A. Seller will use its best efforts to use the lowest priced gas transportation available to it that will substantially achieve the objectives of this Contract. ARTICLE VII INVOICING, PAYMENT & AUDIT 1. Invoice - On or before the last day of each calendar month, Seller shall render unto Buyer at Buyer's address, as reflected in Article XV hereof, an invoice showing the amount of gas delivered to Buyer during the previous month at the applicable price or rate, as defined in Article VI hereof. This invoice shall also include any other amount due under the terms and conditions of this Contract, including any transportation costs, fuel charges, Federal Energy Regulatory Commission fees and compression fees,. 2. Payment - On or before the 15th day of the second month following the month of delivery, Buyer shall pay to the Commissioner of the General Land Office in Austin, Texas the amount due pursuant to this Contract for deliveries during the second preceding month. 3. Penalty Clause - Payments received after the due date will be subject to the following penalty: 1 - 30 days 5% 31 - 59 days 10% Over 59 days 10% + 12% interest per annum The annual interest rate of 12% shall begin to accrue on the 50th day following the due date and accrue at the rate of .0329% per day. The minimum penalty is $25.00 per monthly payment. 4. Adjustment of Errors - In the event an error is discovered by either party in any statement or payment hereunder, such error shall be adjusted within ninety (90) days of the determination thereof. 5. Examination of Books, Records and Charts - Each party hereto shall have, at its own expense, the right, at reasonable hours, to examine the books, records and charts of the other party to the extent necessary to verify the accuracy of any statement, charge, computation, or demand made under or pursuant to the provisions of any article hereof. Each party agrees to keep records and books of account in accordance with generally accepted accounting principles and practices in the industry. ARTICLE VII TERM Subject to the provisions hereof, this Contract shall commence April 1, 1990 and continue through March 31, 1991 and month to month thereafter until either party terminates by giving at least 120 days written notice to the other party ❑f its intent to terminate. December 14, 1989 Page 1027 ARTICLE IX FORCE MAJEURE 1. The parties hereto shall be excused from performing under this Contract, to the extent they are rendered unable to perform an obligation in whole or in part by force majeure but only for the period of time and to the extent such force majeure continues_. The term "force majeure" as employed herein shall mean any occurrence not reasonably within the control of the party claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome, including, but not limited to, the gas transporter's inability to transport gas on behalf of Seller. It is agreed that on such party's giving notice and reasonably full particulars of any force majeure, in writing or by telegraph, to the other party within a reasonable time after the occurrence of the cause relied on, then the obligations of the party giving such notice, so far as they are affected by such force majeure, shall be suspended during the continuance of any inability so caused, but for no longer period, and such cause shall, so far as possible, be remedied with all reasonable dispatch. 2. It is agreed and understood by the parties that in the event Seller's source of gas is no longer available due to circumstances beyond Seller's control to perform any act necessary to permit Seller to deliver gas to Buyer pursuant to the terms and provisions of this Contract, then such event shall per se constitute force majeure. In the event of Gas Transporter's inability to transport Seller's gas, Seller will use its best efforts to arrange alternative delivery of its gas as provided in this Contract. Buyer shall reimburse Seller for such transportation and any affiliate costs as provided in Article VI. ARTICLE X NON -WAIVER OF FUTURE DEFAULT No waiver by either Seller or Buyer of any default by the other in performance of any of the provisions of this Contract shall operate or be construed as a waiver of any other existing or future default, whether of a similar or of a different character. ARTICLE XI SUCCESSORS & ASSIGNS No assignment of this Contract or any of the rights or obligations thereunder shall be made unless there first shall have been obtained the written consent thereto of the non -assigning party. ARTICLE XII REPRESENTATION OF TITLE :feller represents that it has good title to all gas delivered by Seller hereunder. ARTICLE XIII RESPONSIBILITY 1. Buyer shall be in control and possession of the gas sold and purchased hereunder and responsible for any damage or injury caused thereby and shall bear the risk of any loss or destruction of said gas after the same shall have been delivered to Buyer at the Point of Delivery. 2. Each party will be responsible for its awn acts and omissions and costs of defending, including attorneys fees, all suits, actions and claims for debt, damages and losses arising from its own acts or omissions or out of adverse claims by any and all persons to said gas or to royalties or to any charges against said gas. ARTICLE XIV REGULATORY BODIES This Contract is subject to all valid orders, rules and regulations of any state, federal or other regulatory body having jurisdiction over the purchase, transportation, sale or use of the gas sold hereunder and the December 14, 1989 Page 1028 parties agree to comply with such orders, rules and regulations. Should either of the parties by law or regulation, be ordered or required to do any act inconsistent with the provisions of this Contract, this Contract shall be deemed to be modified to conform with such law or regulation. ARTICLE XV ADDRESSES Any notice or request provided for in this Contract shall be mailed or delivered to the party to whom given at such party's address as follows: SELLER: COMMISSIONER OF THE GENERAL LAND OFFICE STEPHEN F. AUSTIN BUILDING 1700 NORTH CONGRESS AVENUE AUSTIN, TEXAS 78701 ATTN: ANTHONY GALINDO BUYER: CITY OF LUBBOCK LUBBOCK POWER & LIGHT COMPANY P.O. BOX 2000 LUBBOCK, TEXAS 79457 ATTN: CARROLL McDONALD or at :such other post office address as such party shall from time to time designate as the address for such purpose, by registered letter addressed to the other party. The mailing of notice by registered mail shall constitute service of notice hereunder. ARTICLE XVI MISCELLANEOUS 1. This Contract constitutes the entire understanding of the parties relating to the sale and purchase of gas and there shall be no modification or waiver hereof except by writing, signed by the party claimed to be bound thereby. :2. The descriptive headings of the provision of this Contract are formulated and used for convenience only and shall not be deemed to affect the meaning or construction of any such provision. :3. The provisions of this Contract shall not impart rights enforceable by any person, firm or organization not a party or not a successor or assignee of a party to this Contract. it. This Contract, its performance, enforcement and interpretation, shall be governed to the fullest extent possible by the laws of the State of Texas, without giving effects to principles of conflict of laws. IN WITNESS WHEREOF, the parties have caused this Contract to be executed in multiple counterparts by their respective officer thereunto duly authorized, as of the Effective Date hereof. SELLER:. STATE OF TEXAS SCHOOL LAND BOARD By: Commissioner of the General Land Office and Chairman of the School Land Board LsLS.A. LsLG.C. LsL D.C. SIGNATURES BUYER: CITY OF LUBBOCK By: Isl B. C. McMinn B. C. McMINN, MAYOR December 14, 1989 Page 1029 THE STATE OF TEXAS COUNTY OF TRAVIS BEFORE ME, the undersigned authority, on this day personally appeared , Commissioner of the General Land Office of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed and the capacity therein stated. GIVEN 'WINDER MY HAND AND SEAL OF OFFICE, THIS THE 19 . THE STATE OF TEXAS COUNTY OF LUBBOCK DAY OF Notary Public in and for Travis County, Texas My commission expires: BEFORE ME, the undersigned authority, on this day personally appeared B. C. McMinn, Mayor of CITY OF LUBBOCK, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that: he executed the same for the purpose and consideration therein expressed and the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 15TH DAY OF DECEMBER, 1989. Effective Date: Agency Name: Service Address: General Land Office Base Price * Contract Maintenane Fee Base Rate Total Pipelinie Company Valero Transmission Valera Compression ** Northern Natural *** Is1 Olivia R. Solis Notary Public in and for Lubbock County, Texas My commission expires: 11-30-93 EXHIBIT A April 1, 1990 City of Lubbock Lubbock, Texas Reimbursable Cost Rate/MMBTU Fuel Charge $1.58 0.03 $1.61 $0.18 2.00% $0.07 1.00% $0.15 1.25% Total Cost $2.01 These rates are rounded to the nearest cent and are subject to reasonable adjustments as conditions warrant. Receiving agency will he notified of any such changes. A FERC filing fee of $240 must also be reimbursed to the General Land Office. * The base price will be based on a monthly WACOG plus 3 cents. ** These are variable rates which can increase or decrease depending on the volume of gas compressed. *** 4,680 MMBTU/D has been reserved for firm transportation. December 14, 1989 Page 1030 89-48B-1030 744' (24.) 89-48B-1030-745 (25.) (26.) 89-48B.-1030- 746 (27.) 89-488-1030- 747 (28.) State of Texas General Land Office, Austin --Natural gas supply for 1-year term per MMBTU (delivered price). Motion was made by Councilmember Carpenter, seconded by Councilmember Phillips to authorize Resolution #3275 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #10439--Aerial photography (Streets -Drainage Engineering). Koogle & Pouls Engineering, Inc., Albuquerque, N.M. Motion was made by Councilmember Carpenter, seconded by Councilmember Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #10431--Follow spotlight (Auditorium -Coliseum). Dallas Stage Lighting & Equip., Dallas --Strong 2000 Watt Xenon Spot; w/l 2000/St. Strong Spare Xenon and Strong Heat filter. Motion was made by Councilmember Carpenter, seconded by Councilmember Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. Hold an Executive Session on personnel matters to discuss duties and appointments to: Lubbock Emergency Communications District Lubbock Health Facilities Development Corporation Board of City Development Consider one appointment to the Lubbock Emergency Communications District. The term of Bob Nash will expire on January 9, 1.290._ Motion was made by Councilmember Phillips, seconded by Councilmember Trejo to reappoint Bob Nash to the Lubbock Emergency Communications District. Motion carried: 6 Yeas; 0 Nays--Councilmember Carpenter absent from Council Chambers. Consider two appointments to the Lubbock Health Facilities Development Corporation. The terms of Roy Middleton and Helen Payne will expire on January 14, 1990. Motion was made by Councilmember Phillips, seconded by Councilmember Patterson to reappoint Roy Middleton and Helen Payne to the Lubbock Health Facilities Development Corporation. Motion carried: 6 Yeas; 0 Nays--Councilmember Carpenter absent from Council Chambers. December 14, 1989 Page 1031 89-48B-1031-749 (29.) Consider seven appointments to the Board of Lit Development. This item was held. There being no further business to come before Council, motion was made by Councilmember Phillips, seconded by Councilmember Patterson to adjourn the meeting at 2:14 p.m. Motion carried: 5 Yeas; 0 Nays--Councilmember Trejo and Councilmember Carpenter absent from Council Chambers. I C. McMINN, MAYOR ATTE-S-T.� J f, Ranet e Boyd, City Secre ar READ AND APPROVED THIS 11TH DAY OF JANUARY, 1990. r • B. C. McMI N, MAYOR ATTESi`` Ran ,te Boyd, City 5 tary r SECOND READING ORDINANCES ORAINANCE NO- 9a6 I AN ORDINANCE REPEAL,- R- 312 ING CERTAIN SECTIONS OF THE CDDE DF ORDINANCES OF THE CITY OF LUBBOCK. TEX- AS, WHICH HAVE BECOME OB- SOLETE. SUPERSEDED OR NO LONGER NEEDED, PROVIDING SOCK A SAVINGS CLAUSE: AND PRO- VIDING FOR PUBLICATION. Frances He r n an d e z a Notary Public in and for Lubbock County, Texas on this day AN ORDINANCE -WO. r2I ed T. J. A u f i I Is Account Manager of the Southwestern Newspa- AN ORDINANCE ALTERING publishers of the Lubbock Avalanche -Journal — Morning,Eveningand Sunda who THE TERMS OF CERTAIN BOARDS AND COMMISSIONS OF TO sorn did depose and say that said newspaper has been published continuous) for more Pp y THE CITY OF LUBBOCK COMPLY WITH CONSTITUTION- ks prior to the first insertion of this Legal Notice A L R E O V I R E M E N T S B G AMENDING THE FOLLOWING OR 23423 N� at Lubbock County. Texas and the attached rint- P "",INS or THE CODE OF DINANCEs OF THE CITY ❑F Legal Notice is a true co of the original and was printed in Lubbock PY g LVB84CK, TEXAS: SECTION 2.354 [AIRPORT BOARD), SEC- on the followin dates: December .16 9 23 9 1989 TION 2.4135 (ELECTRIC UTILI- TIES BOARD), SECTION 13-II0 .S (a • 92 241.96 (HOUSING STANDARDS COM- MISSION). SECTIONS 2.20 AND 2.2E4(PARKSANDR£CREATION BOARD). SECTION 2-W (PLAN- NING AND ZONING COMMIS' %- vj z W gO-At—p0~Vzya 'a zWaaa!M'z0U4 > x W�z_ZzUWgaJzjO�6OQ-.�aL d 00 0 ur3�o :o i zoW>.Wzzz ;i O<- �� 0 Mzr4rNczizOuxi_oaW� N W O ZN¢Ix(0 OUr~_5 Q fYz=NNYQQ V4 4 W =otL N-LL❑x=V"W -�O�gQz0MVLUu° FORM 58.10 coup Manager VALANCHE-JOURNAL i Newspapers Corporation 9 and sworn to before me this day of N'i.."'.)L2 ��_� ( is f 'p �,.n. r..•i. - L.. -.i �.. , u-31 January 90 19