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
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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
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AN ORDINANCE ALTERING
publishers of the Lubbock Avalanche -Journal — Morning,Eveningand Sunda who
THE TERMS OF CERTAIN
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THE CITY OF LUBBOCK
COMPLY WITH CONSTITUTION-
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A L R E O V I R E M E N T S B G
AMENDING THE FOLLOWING
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