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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/10/1990344 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 10, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session ❑n the loth day of May, 1990 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman George Carpenter, 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 Susan Thorpe, Director of Budget and Research. 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 3.y Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to approve the Minutes of the April 26, 1990 Regular City Council Meeting and the May 7, 1990 Special City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. 90-49A- 34 4-2, 2 ( 4.) 90-49A- 344-24 3 � 5•.f Swearing In of Newly -Elected Officials. ORDINANCE #9354 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1391-H; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON TRACT F, LIVE OAK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROV:DING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading ordinance #9354 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A- 344_244 ( 6.) May 10, 1990 Page 345, ORDINANCE #9355 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1650-D; A ZONING CHANGE FROM A-2 AND C-3 TO C-4 ZONING AND FROM A-2 TO GO ZONING ON TRACTS OUT OF SECTION 37, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49A--34 5-245 ( 7.) Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Drdinance #9355 as amended. Motion carried: Yeas; 0 Nays. Section 9, Block J-5. ORDINANCE_#9356 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2645; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON A TRACT OUT OF SECTION 9, BLOCK J-5, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49A-245-245 ( 8.) Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #9356 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. J, K and south 12' of M-1, 15th Installment, Rushland Park Addition. ORDINANCE #9357 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1968-E; A ZONING CHANGE FROM C-2A AND C-3 TO GO AND GO SPECIFIC USE PERMIT FOR A 15' SETBACK FROM QUAKER AVENUE ON TRACTS D, E, F, G, I, J, K AND THE SOUTH 12' OF M-1, 15TH INSTALLMENT, RUSHLAND PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Drdinance #9357 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays; 1 Abstention -- Councilman Malay, due to conflict of interest. 90-49A-345-247 ( 9.) May 10, 1990 Page 346 ORDINANCE #9353 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF 82ND STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION ►OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #9353 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-- 346-24E (10.) ORDINANCE #9258--Abandoning and closing an alley in Block 4. East Side Addition and south of and adjoining Lot 4, Mote Addition (between 9th and 10th Streets, east of Quirt Avenue). ORDINANCE #9258 AN ORDINANCE ABANDONING AND CLOSING AN ALLEY LOCATED IN BLOCK 4, EAST SIDE ADDITION, AND SOUTH OF AND AD►OINING LOT 4, MOTE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS Oi= THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance was read for the first time February 9, 1989. According to staff comments, there was a delay before submission for second reading because an agreeable financing arrangement was needed for this future church site. The final plat is ready for filing. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #9358 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-- 346 -24 9 (11.) - Avenue V to Vernon Avenue]. RESOLUTION #3364 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Overton Addition, Tracts "A" and "B" made arrangements with Wardroup & Associates, Inc., 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 above mentioned addition including the following street: Construction necessary to close 13th Street between Vernon Avenue and Avenue "V" known as Unit No. 2033-69; and WHEREAS, the construction of the above improvements on the above mentioned 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: May 10, 1990 Page 347 SECTION 1. THAT the improvements on said portions of the above mentioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the owner of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this loth day of May, 1990. ATTEST„ IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry [}. Hertel, City Engineer Unit & Sub -!snit s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Larry D. Hertel J. Worth Fullingim, Assistant City Attorney CONSOLIDATED FINAL QUANTITIES OVERTON ADDITION Tracts "A" & "B" Accepted May 10, 1990 2033-59 Close 13th Street between Avenue "V" and Vernon Avenue. 41.11 S.Y. Pavement Patching 80.26 L.F. Curb and Gutter 42.10 S.Y. Drive Approaches 32.00 S.Y. G" thick concrete on existing asphalt 89.12 S.Y. Paving Removal TOTAL CONSTRUCTION COST LUMP SLIM CONTRACT FOR $7,260.00 COST DISTRIBUTION Contract Cost Developer Cost $ 7,2601.00 $ 7,260.00 This is a routine acceptance of the paving and drainage modifications necessary upon the closing and replatting of a portion of 13th Street between Avenue V and Vernon Avenue, adjacent to First Baptist Church. There is no City cost due the contractor upon this acceptance. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #3364 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-347-.250 (12.) May 10, 1990 Page 348 RESOLUTION #3365 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Village Center Addition, Lots 1, 3 & 4 made arrangements with Williams and Peters Construction Co., Inc., for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition including the folllowing streets: 58th Street from its intersection with the east edge of existing paving of Frankford Avenue to its intersection with the west edge of paving in south bound access road of Loop 289 known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2034. 159th Street from its intersection with the South lip line of 58th Street to its intersection with the northeast line of Lot 1 and designated as New Subdivision Sub -Unit Number 22 of Unit Number 2034. WHEREAS, the construction of the above improvements on the above mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION: 1. THAT the improvements on said portions of the above mentioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the owner of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 10th day of May, 1990. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST„ s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Larry D. Hertel Is1 J. Worth Fullingim Larry D. Hertel, Ctty Engineer J. Worth Fullingim, Assistant City Attorney CONSOLIDATED FINAL PAVING ESTIMATE LOTS 1, 3, AND 4 VILLAGE CENTER Accepted 5-10-90 PAVING QUANTITIES DATE: April 3 9 0 $6.75 $24.00 S.Y. $5.20 S.Y. Unit Paving L.F. Valley and 6" Caliche Curb & Gutter& Sub -Unit Location Base Gutter Fillets May 10, 1990 Page 34s9 2034-21 58th Street from E. edge of existing pavement in Frankford Avenue to W. edge of existing pavement of S. bound access road for Loop 289 7,130.2 2,908.46 168.87 2034-22 59th Street from SLL of 58th Street to NE line of Lot 1, Village Center 1,452.6 686.04 33.5 TOTAL DEVELOPER CONTRACT QUANTITIES 8,582.8 3,594.50 202.2 FINAL COST ESTIMATE Developer Contract Cost 8,582.8 S.Y. Paving, 6" base @ $ 6.75 3�,594.50 L.F. Curb and Gutter @ $ 5.20 202.2 S.Y. Valley Gutters/Fillets @ $24.00 CONTRACT COST DISTRIBUTION TOTAL TOTAL Unit & Construction Developer Sub Unit Cost Cost 2034.21 $67,301.64 $67,301.64 2034.22 $14,176.46 $14,176.46 $81,478.10 PREPARED BY HUGO REED AND ASSOCIATES, INC. 90-49A=349-251 (13.) $81,478.10 $57,933.90 $18,691.40 $ 4,852.80 $81,478.10 This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements constructed by Williams and Peters Construction Company, Inc., are on portions of 58th and 59th Streets between Loop 289 and Frankford Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #3365 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9358 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN BLOCK 1, RIDGELAWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT' SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PRO- VIDING FOR PUBLICATION. This Ordinance will close an east -west alley (15' by 401'), located just east of Knoxville Avenue and south of 21st Street in Block 1, Ridgelawn Addition - total area being closed--6,015 square feet. This alley being closed is being replatted for building expansion purposes for Methodist Hospital (the proponent of this closure). Utilities will either be relocated or a Utility Easement will be dedicated for them. May 10, 1990 Page 3F0 If not left as an Easement, the Lubbock Central Appraisal District's valuation of $7 per square foot will be applied to the 6,015 square feet for a payment of $42,105 for this closure. If left as an easement, $3.50 will be applied to this 6,015 square feet for a payment to the City of $21,052. The $150 application fee has been received, and the plat will be turned in. All utility companies were notified. Because of the rushed nature of the Methodist project, Staff recommended approval, subject to utility company requirements and an approved plat. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to pass on first reading Ordinance #9358 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A=35O -252 (14.) Consider Drdinance #9359 abandoning and closing_a 20' ORDINANCE #9359 AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT UNDERGROUND UTILITY EASEMENT LOCATED DN TRACT "A," FILLMORE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance will close an east -west 20' Utility Easement located just east of Louisville Avenue and south of 21st Street on Tract "A", Fillmore Addition. This Easement being closed is being replatted for building expansion purposes for Methodist Hospital (proponent of this closure). Several utilities are in this Easement, and their relocation will be at Methodist's expense. Area being closed is 5,200 square feet. If a new easement is granted to replace this easement being closed, no payment will be made to the City for this Easement. The $150 application fee has been paid and the preliminary plat has been turned in. Staff recommended approval, subject to utility company review and an approved plat. Motion was made by Councilman Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9359 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A.350.253 (15.) Consider Resolution #3366 authorizing the Mayor to RESOLUTION #3366 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 Alley Use License with Forrest Heights Methodist Church, 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. May 10, 1990 Page 351 Passed by the City Council this 10th day of May, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ Ed Buc Ed Bucy, Right -of -Agent THE STATE OF TEXAS COUNTY OF LUBBOCK s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: IsI Harold Willard Harold Willard, Assistant City Attorney ALLEY USE LICENSE This indenture made this 10th day of May, 1990, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and FORREST HEIGHTS METHODIST CHURCH, of Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use portions of a dedicated alley for concrete air conditioner support pads, to -wit: TRACT 1 BEGINNING at a point 127.00 feet West of the Southeast corner of Lot 1, Block 1, Westminister Heights Addition to the City of Lubbock, Lubbock County, Texas; THENCE 2.00 feet South; THENCE 16.00 feet West; THENCE 2.00 feet North; THENCE 16.00 feet East to the PLACE OF BEGINNING. TRACT 2 BEGINNING at a point 156.00 feet West of the Southeast corner of Lot 1, Block 1, Westminister Heights Addition to the City of Lubbock, Lubbock County, Texas; THENCE 2.00 feet South; THENCE 16.00 feet West; THENCE 2.00 feet North; THENCE 16.00 feet East to the PLACE OF BEGINNING. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event, unless either party shall give written notice of termination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this May 10, 1990 Page 3.52. license with or without cause upon notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 3307 33rd, Lubbock, Texas 79410, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK may take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. .1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK, based on an appraisal of the fair market value of such land by the Right -of -Way Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing before the start of the five (5) year term to which such change in rate shall apply; and if such notification is not made, then the rate for the preceding five (5) year term shall apply. :2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction authorized by this license. 3. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed) or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above 'the expense which would have been incurred except for LICENSEE'S use herein. it. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE.exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said LICENSEE, its successors and assigns will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action„ suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction -permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. May 10, 1990 Page 353 The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the construction and uses herein granted. 7. Prior to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specifications for the construction to be done, and the LICENSEE shall not commence construction until such plans and specifications are approved by the City Engineer. 13. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and insure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 9. LICENSEE, by the acceptance of this license, understands and agrees that, no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the public way LICENSEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST:: Is/ Raiette Boyd Ranette Boyd, City Secretary AGREED TO AND ACCEPTED this 15th day of May, 1990. LICENSEE: FORREST HEIGHTS METHODIST CHURCH BY:/s/ Edward W._Cartwright TITLE: Chairman, Board of Trustees APPROVED AS TO CONTENT: s Ed Bucy Ed Bucy, Right -of -Fay Agent APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney May 10, 1990 Page 3E4 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, MAYOR, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of May, 1990. Is1 Olivia R. Solis Notary Public, Lubbock County, Texas Olivia R. Solis Printed Name of Notary THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said Count„ Texas, on this day personally appeared Edward W. Cartwright 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 purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the Forrest Heights Methodist Church. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15th day of May, 1990. Is1 Janice Stephens Notary Public, Lubbock County, Texas Janice Stephens Printed Name of Notary This Alley Use License is for two ground -level concrete air conditioner support pads which will be constructed on the north side of the alley right-of-way at the Forrest Heights Methodist Church, 3007 33rd. These concrete pads will hold the air conditioner condenser units and encroach into the north side of the east -west alley in two locations. The first location will encroach 2' by 16', and the second location will encroach 2' by 9' for a total encroachment area of fifty square feet. The minimum license fee of $50 per year will apply to these encroachments, and the License will be for 20 years, payable every five years. No utilities will be affected since most are aerial or near the middle of the alley. Staff recommended approval. In work session, Assistant City Manager Jim Betram indicated the proponent's need to include an additional alley in the Easement, and it was consensus of Council that the Easement be rewritten to accommodate the request. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3366 as amended. Motion carried: 6 Yeas; 1 Nay; 1 Abstention --Councilman Carpenter due to perceived conflict of interest. May 10, 1990 Page 3515 90-49A-35E-254 (16.) RESOLUTION #3361 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACTS "K" THROUGH "Q", LAKERIDGE COUNTRY CLUB ESTATES ADDITION. WHEREAS, the developer of Tracts "K" through "Q", Lakeridge Country Club Estates Addition has complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28, and WHEREAS, the total utility cast to the developer is $4,206.04 with the improvements constructed by ADC, Inc., having a value of $2,581.10 as determined by the unit prices established by said Chapter 28, and $1,624.94 cash paid to the City (including adjacent line cost of $1,394.83), with Lakeridge Country Club Estates, Inc., the developer to receive a refund of $0.00 in accordance with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $0.00, and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifica- tions, NOW THEREFORE: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. That the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. That a refund of deposit be made in the amount of $0.00. :aECTIOir' 4. This resolution shall take effect and be in farce from and after its passage. PASSED AND APPROVED this 10th day of May, 1990. ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer /s/ B. C. McMinn S. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $4,206.04, including value of construction costs ($2,581.10), cash paid to the City ($1,624.94), and cost of adjacent lines ($1,394.83). There is no refund due the developer, Lakeridge Country Club Estates, Inc. 94-49A- 356-255 (17.) May 14, 1990 Page 356 Staff recommended acceptance of these improvements. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3357 as recommended by Staff. Motion carried: 7 Yeas; Q Nays. RESOLUTION #3358 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 'THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to, execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and Ernst & Young for Consulting Services, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be.a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of May, 1994. jsj B. C. McMinn B. C. McMINN, MAYOR ATTEJT: /s/ iRs et Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Dan A. Hawkins LI Donald G. Vandiver Dan A. Hawkins, Director of Water Donald G. Vandiver, First Utilities Assistant City Attorney AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT, between the City of Lubbock, Texas (hereinafter referred to as "Owner") and Ernst a& Young, with principal offices at 4304 Republic Plaza, Denver, Colorado 80202 (hereinafter referred to as "Consultant"): WITNESSETH: WHEREAS, Owner intends to perform a water and wastewater cost of service and rate design study to ensure that its rates, fees, and charges are adequate to finance utility operations, capital improvements, and maintain adequate reserve fund balances; and, WHEREAS, Owner requires certain professional services in connection with the Project (hereinafter referred to as the Services); and, WHEREAS, Consultant is prepared to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE I - EFFECTIVE DATE The effective date of this Agreement shall be May 11, 1990. May 10, 1990 Page 35Y ARTICLE 2 - SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporate by reference as part of this Agreement; and as described in Consultant's proposal dated March 13, 1990 and the Owner's Request for Proposal RFP #10570, and all addendums, all of which are incorporated by reference as part of the Agreement. ARTICLE 3 - COMPENSATION Owner shall pay Consultant in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 4 - STANDARD OF CARE Consultant shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional consulting firm under similar circumstances and Consultant shall, at no cost to Owner, reperform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - LIMITATIONS OF RESPONSIBILITY Consultant shall be responsible for actual methods, techniques, sequences, procedures, and programs used in connection with the Project. ARTICLE 5 - LIABILITY AND INDEMNIFICATION 5.1 General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, owner and Consultant agree to allocate such liabilities in accordance with this Article 6. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 6.2 Indemnification. Consultant agrees to defend, indemnify, and hold Owner whole and harmless against all claims for damages, costs, and expenses of persons or property that may solely arise out of, or be occasioned by, or from any negligent act, error, or omission of Consultant, or any agent, servant, or employee of Consultant in the execution or performance of this Contract. 6.3 Defense of Claims. In the event an action for damages is filed in which negligence is alledged on the part of Owner and Consultant, Consultant agrees to defend Owner. In the event Owner accepts Consultant's defense, Owner agrees to indemnify and reimburse Consultant on a pro rata basis for all fees and expenses of defense. Owner also agrees to indemnify and reimburse Consultant on a pro rata basis for any judgement or amount paid by Consultant in resolution of such claim. Such pro rata share shall be based upon a final judicial determination of negligence or, in the absence ❑f such determination, by mutual agreement. Ei.4 Empl oyes= ,C1 aims. Consultant shall indemnify Owner against legal liability for damages arising out of claims by Consultant's employees. Owner shall indemnify Consultant against legal liability for damages arising out of claims by Owner's employees. 6.5 Limitations of Liability. To the fullest extent permitted by law, Consultant's total liability to Owner for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to the Project. ❑r this Agreement from any cause or causes including but not limited) to Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the minimum amounts required by Article 9 of this Agreement. May 10, 1990 Page 358 6.6 Survival. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 7 - INDEPENDENT CONTRACTOR Consultant undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of its own performance and that of its subcontractors, agents and employees. Owner shall have no right to supervise the methods used but Owner shall have the right to observe such performance. Consultant shall work closely with Owner in performing Services under this Agreement. ARTICLE 8 - COMPLIANCE WITH LAWS In performance of the Services, Consultant will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. Consultant shall possess the licenses necessary (if any) to allow Consultant to perform the Consulting Services. ARTICLE 9 - INSURANCE Prior to the time Consultant is entitled to commence any part of the services under this Contract, Consultant shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to Owner. The insurance shall be evidence by delivery to Owner of either (1) .a certificate of insurance, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licensed to do business in Texas or meets the surplus lines requirements of Texas law, or (2) a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Contract. A.91 Comprehensive General Liability Insurance The Consultant shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Products and Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The Owner is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Comprehensive Automobile Liability Insurance The Consultant shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned vehicles. The Owner is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. May 10, 1990 Page 359 C. Worker's Compensation and Employer's Liability Insurance. As required by State statute covering all employees whether employed by the Consultant or any Subcontractor on the job with Employer's Liability of at least $100,000 limit. D. Professional Liability Insurance (including errors and omissions) with minimum limits of $1,000,000 per claim. Consultant shall furnish Owner certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least t;,;rty days written notice to Owner. ARTICLE 10 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 11 - REUSE OF DOCUMENTS All documents, including computer software, prepared by Consultant pursuant to this Agreement are instruments of service in respect to this Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Consultant for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Consultant. ARTICLE 12 - AMENDMENT, TERMINATION, AND STOP ORDERS This Contract may be altered or amended only by mutual written consent and may be terminated by the Owner at any time by written notice to the Consultant. Upon receipt of such notice, the Consultant shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The Consultant shall submit a statement showing in detail the work performed under this Contract to the date of termination. The Owner shall then pay the Consultant promptly for work accomplished under this Contract shall be delivered to the Owner. 'rhe Owner may issue a Stop Work Order to the Consultant at any time. Upon receipt of such order, the Consultant is to discontinue all work under this Contract. If the Owner does not issue a Restart Order within 90 days after receipt by the Consultant of the Stop Work Order, the Consultant shall regard this Contract terminated in accordance with the foregoing provisions. ARTICLE 13 - NONDISCLOSURE OF PROPRIETARY INFORMATION Consultant shall consider all information provided by Owner to be proprietary unless such information is available from public sources. Consultant shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of Owner or in response to legal process. ARTICLE 14 - NOTICE Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To Consultant: Ernst & Young 4300 Republic Plaza Denver, Colorado 80202 ATTN: Richard D. Giardina West Region Director, Environmental Consulting May 1P, 1990 Page 360 To Owner: City of Lubbock P.O. Box 2000 Lubbock, TX 79457 ATTN: Dan A. Hawkins Director of Water Utilities Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Consultant and Owner. ARTICLE 15 - UNCONTROLLABLE FORCES Neither Owner nor Consultant shall be considered to be in default of this Agreement if delays in ❑r failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention ❑r delay ❑f performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, brut is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal) agency or person for any of the supplies, materials, accesses, or services required to be provided by either Owner or Consultant under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require Consultant or Owner to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 16 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. Any suit brought to enforce any provision of this Agreement or for construction of any provision thereof shall be brought in Lubbock County, Texas. ARTICLE 11 - MISCELLANEOUS 117.1 Nonwaiver. A waiver by either Owner or Consultant of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall riot affect the waiving party's rights with respect to any other ❑r further breach. 117.2 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provisiion of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provisiion held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. May 10, 1990 Page 361 ARTICLE 18 - INTEGRATION AND MODIFICATION This Agreement represents the entire and integrated Agreement between the Parties and supersedes all prior negotiations, representations, or Agreements, either written or oral. This Agreement may be amended only by a written instrument signed by each of the Parties. ARTICLE 19 - SUCCESSORS AND ASSIGNS Owner and Consultant each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations of this Agreement. ARTICLE 20 - ASSIGNMENT Neither Owner nor Consultant shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may be(:ome due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of the Services hereunder. ARTICLE 21 - SUBCONTRACTORS No work herein called for by the Consultant shall be subcontracted to a subcontractor who is not acceptable to the owner or assigned without prior written approval of the Owner. The Consultant shall require subcontracts to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with Owner Rules. ARTICLE 22 - THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Consultant. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary ERNST &_.YOUNG By: s George A. Raftellis George A. Raftellis Partner, Ernst & Young ATTEST: By: /s/ Trudy G. Green Trudy G. Green, Secretary May 10, 1990 Page 362 APPROVED AS TO CONTENT: jsj Dan A. Hawkins, Dan A. Hawkins, PE Director of ;rater Utilities APPROVED AS TO FORM: jsj Don Vandiver Don Vandiver First Assistant City Attorney ATTACHMENT A TO CONTRACT FOR CONSULTING SERVICES OWNER: City of Lubbock, Texas PROJECT: Consulting services required to perform a water and wastewater cost of service and rate design study. SCOPE OF WORK The Consultant's representative shall consult with members of the City Staff, research available information on pertinent topics, meet with the City's review team, and consult with all regulatory agencies having authority over the City's water and wastewater operations as necessary to develop reports, recommendations, plans, and cost estimates for the City to use in evaluating its cost of services and rate structures. The Consultant shall determine all costs and schedule any necessary phasing of all recommendations. Work to be completed by the Consultant shall include the following: 1. Identify and list general problems within the existing water and wastewater rate, fee, and charge structures �'. Conduct a comprehensive evaluation of the cost of all water and wastewater services (excluding wholesale service), revenue requirements, rates, fees, and charges assessed by the City of Lubbock for such water and wastewater services. 3. Evaluate existing wastewater surcharges for excessive wastewater contributions (i.e., BOD5, grease, etc.) as specified in the Code of Ordinances of the City of Lubbock. 41. Evaluate existing fees for engineering, service connection, reconnection after discontinuation of services and other applicable fees and charges (excluding those identified as being impact fees). 5. Review customer record keeping systems and recommend data collection improvements. 6. Analyze historical water demand levels with an evaluation and projection of the key components of demand including numbers and types of customers. 7. Analyze historical demand characteristics with the purpose of properly classifying and segregating costs associated with the different functions and customers of the water and wastewater systems. El. Analyze and classify the City's existing water and wastewater debt service requirements and known future requirements of each. 9. Review and analyze the maintenance and operation expense requirements for the water and wastewater systems projected by the City and allocate these expenses to the proper cost components. May 10, 1990 Page 363 10. Evaluate the current water and wastewater rates and rate structures in terms of the ability of these rates to generate adequate revenue to meet the requirements from the proper sources. 11. Allocate the costs of water and wastewater services for a defined test period to the related functional components and customer classes. .12. Develop a fair and equitable rate structure which produces sufficient revenues to meet the City's current and future needs and which recovers proportionately and equitably the costs of services from the water and wastewater customer classes for which costs are incurred by the City. The Consultant shall prepare a comprehensive report for the City of Lubbock review which identifies methods used for each and every evaluation performed and all recommendations for improvements to each area evaluated. Each recommendation should be accompanied by a cost/benefit analysis. Each evaluation shall consider the City's projected growth and long-range (20 year;) capital improvement program, and show scheduled rate (structured) increases as necessary. Each evaluation shall be concluded with a recommendation of one or more alternatives which would improve the City's current: methods or strategy. Ten copies of a draft report shall be furnished to the City's Project Manager on or before August 17, 1990. Twenty copies of the final report shall be delivered to the City's Project Manager on or before September 7, 1990. 2.4 ADDITIONAL SERVICES At the request of the City of Lubbock, the Consultant will provide additional services upon written agreement between the City of Lubbock and the Consultant defining the extent of such additional services and the amount and manner in which the Consultant will be compensated for such additional services. Additional services may include, but are not limited to the following: (1) Conduct an end -use survey to obtain information on the existing level of water conservation devices in use; (2) Assist the staff in conveying information concerning the study and proposed rate structures to the City Council; (3) Be present and represent the City in proceedings before the texas Water Commission, the Texas Water Development Board, and/or other interested parties as necessary for public acceptance and regulatory agency approval of the proposed rate structures; (4) Assist the City in conveying information concerning the study to the public. (5) Conduct an evaluation of the City's wholesale contracts. (6) Conduct an evaluation of impact on developer fees. During the contract term, hourly rates for individuals of the Consultant involved in this project (established in Attachment B) shall also be applicable for compensation to Consultant by Owner for Additional Services. May 10, 1990 Page 364 ATTACHMENT B TO CONTRACT FOR CONSULTING SERVICES OWNER: City of Lubbock, Texas PROJECT: Consulting services required to perform a water and wastewater cost of service and rate design study. COMPENSATION For the services covered by this contract, the Owner agrees to pay the Consultant as follows: A. For project management meetings, coordination, and the consulting and technical services as described in Attachment A, plus subcontract personnel services at cost to Consultant. The maximum billed for these Consultant's personnel services shall not exceed $38,000 without further written authorization. In addition, Consultants and subcontractors reimbursable expenses shall be billed at cost. Billing for reimbursable expenses are estimated to be $6,000. The fee schedule for the Consultant's personnel services are specified i paragraph C. 13. For Additional Services, an hourly fee for Consultants' personnel as listed in paragraph C below plus reimbursable expenses (and subcontract billing if applicable) at cost to Consultant. Each item of Additional Services shall be established before the work is started. The amount billed for each item of Additional Services shall not exceed the amount established for it without further authorization. Additional amounts for Additional Services may be authorized, if necessary, as the work progresses. C. Hourly fees listed herein for Consultant's personnel services will apply until January 1, 1991 and shall be subject to change annually on January 1st for the upcoming twelve (12) month period. Classification Hourly Billing Rates Range Partner $ 220.00 Senior Manager $ 150.00 Manager $ 120.00 Senior Consultant $ 70.00 Consultant $ 60.00 Clerical $ 30.00 1). The following expenses are reimbursable and shall be reimbursed at actual cost: 1. Travel, subsistence, and incidental costs. 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a current mileage basis or rental cost basis for vehicles used for short periods. 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. 4. Reproduction of reports, drawings, and specifications. 5. Postage and shipping charges for project -related materials. 6. Computer time charges including program use charges. 7. Rental charges for use of equipment, including equipment owned by the Consultant. May 10, 1990 Page 36-5 8. Cost of acquiring any other materials or services specifically for and applicable to only this project. 9. Charges of special consultants requested or authorized by the owner. 10. Special insurance coverage required by the Owner, including the cost of naming the Owner as an additional insured. 11. Local taxes or fees applicable to the Consultanting work or payments therefore. 12. Charges for review of drawings and specifications by government agencies, if any. 13. Cost of acquiring any other materials, or service specifically for and applicable to only this project. E:. The Consultant agrees to use its best efforts to perform the services as defined in Attachment A within the billing limits stated above. F. Monthly payments shall be made to the Consultant by the Owner based on the Consultant's statement. For hourly fee items, the statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. Ia. The uncontested amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of 1-1/2 percent per month from the billing date, shall be due for accounts which are not paid within 60 days after the billing date. H. It is understood and agreed that the maximum billings of each of the above items are based on the start of the services being authorized not later than May 11, 1990. If start of services is not authorized by the date given, it is understood and agreed that the upper billing limit may be adjusted accordingly by a supplement to this Agreement. I. That the Consultant shall start the performance of the services within ten working days of receipt of notice to proceed. .I. That the Consultant shall keep records on the basis of generally accepted accounting practice of costs and expenses and which records shall be available to inspection at reasonable times. ATTACHMENT C TO CONTRACT FOR CONSULTING SERVICES OWNER: City of Lubbock, Texas PROJECT: Consulting services required to perform a water and wastewater cost of service and rate design study. OWNER'S__RESPONSI6ILITIES The City of Lubbock shall provide full information regarding their requirements for the project. The City of Lubbock will provide access to its records and to all available information concerning the project. The City of Lubbock will designate a Project Manager fully acquainted with the project who has authority to approve changes in the project, render decisions promptly, and furnish information expeditiously. 90-49A--366-256 (18.) May 10, 1990 Page 366 At their April 12, 1990 work session, Council authorized Staff to negotiate an Agreement with Ernst & Young to perform a water and wastewater cost of service and rate design analysis. The purpose of this work is to ensure that water and sewer rates, fees, and charges are adequate to finance utility operations, capital improvements, and maintain adequate fund balances. The Scope of Work provides that Ernst & Young will conduct a comprehensive evaluation of the costs of all water and wastewater services (excluding wholesale service), along with revenue requirements, rates, fees, and charges assessed for such services. Charges to be evaluated include surcharges for excessive wastewater contributions, existing fees for engineering, service connection and reconnection. A review will be made of record keeping systems and recommendations for data collection improvements. An analysis of historical water demand levels will be made to project the key components of demand including numbers and types of customers. Also, an analysis will be made of water and wastewater debt service requirements, maintenance and operating expense requirements, allocation of these costs to the proper component, and formulation of a rate structure to generate adequate revenues to meet all existing and future financial requirements. The firm will be required to prepare a comprehensive report which will identify methods used for each evaluation and recommendations for improvements to each area evaluated. Each evaluation must take into account projected growth and the long-range (20-year) capital improvement program. A draft report will be required to be submitted by August 17, 1990, and a final report delivered on or before September 7, 1990. Additionally, the Agreement provides additional work to be performed, contingent upon mutual agreement by the parties involved, including the scope of additional services and compensation. The basic Scope of Work shall not exceed $38,000 without further written authorization. In addition, the Contract provides for reimbursement of certain expenses estimated to be $6,000 for such items as travel, telephone, reproduction of reports and drawings, computer time, and other special services authorized by the City. Special materials shall be billed at cost to the City of Lubbock. Staff recommended approval of this Agreement. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3368 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3369 WHEREAS, the City of Lubbock, acting through the City Manager, has designated Donald Bridgers to serve as Chief of Police for the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock is in support of the City Manager's decision; NOW THEREFORE: May 10, 1990 Page 367' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager is to submit appropriate credentials for Donald Bridgers to the appropriate agencies of the State of Texas. Passed by a majority vote of the City Council this 10th day of May, 1990. ATTEST: I-sl _ Ra iett Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bob Cass Bob Cass, Deputy City Manager /sZ B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. andiver Donald G. Vandiver, First Assistant City Attorney The appointment of Don Bridgers to the position of Chief of Police becomes effective May 12, 1990. In accordance with the Local Government Code, this Resolution indicates that the Chief has been appointed by the City Manager, that Council is in support of this decision, and that the City Manager is to submit Chief Bridgers' credentials to the appropriate agencies of the State of Texas. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3369 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A--367 -257 (19.) BID #10642--Woad utility pools [Central Warehouse]. North Pacific Lumber Co., Portland, OR--6 ea. 60' Class 1 distribution pole; 6 ea. 75' Class 1 transmission pole; 6 ea. 80' Class 1 transmission pole; 6 ea. 85' Class 1 transmission pole. Mid South Wood Preserves, Inc., Shreveport, LA--60 ea. 45' Class 3 distribution pole; 6 ea. 70' Class 1 transmission pole. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A- 367 -258 (20.) BID #10493--Renovation of Police Academy and Firing Range, and authorize same (Building Services). RESOLUTION #3370 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Daniel Ortega Construction Company, Inc. for the renovation of Police Academy and Firing Range, 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. May 10. 1990 Page 368 Passed by the City Council this loth day of May, 1990. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /sl Genefads Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this loth day of May, 1990 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Daniel Ortega Construction Co., Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 10493 - RENOVATION OF POLICY ACADEMY AND FIRING RANGE FOR THE AMOUNT OF $81,500.00 and alll 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. May 10, 1990 Page 36.9 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: ZsZ B. C. McMinn _ B. C. McMINN, MAYOR APPROVED AS TO FORM: Is/ Harold Willard Harold Willard, Assistant City DANIEL ORTEGA CONSTRUCTION CO., INC. CONTRACTOR By: /s/ TITLE: President ATTEST: 5 Secretary Daniel Ortega Construction Company, Inc. 5147 69th, Suite D-2 Lubbock, Texas 79423 90-49A-369-259 (21.) Daniel Ortega Constr. Co., Inc. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3370 as recommended by Staff. Motion carried: 7 Yeas; O Nays. RESOLUTION #3371 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 H. R. Bundock, Inc. for the prestressed concrete canopy repairs at Lubbock International Airport, 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 10th day of May, 1990. ATTEST: LsL-Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ Gene Eads Gene Eads, Purchasing Manager Ls/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK May 10, 1990 Page 370 THIS AGREEMENT, made and entered into this 10th day of May, 1990 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 H. R. Bundock, 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 INO. 10639 - PRESTRESSED CONCRETE CANOPY REPAIRS AT LUBBOCK INTERNATIONAL AIRPORT FOR THE AMOUNT OF $24,043.00 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: Is1 IRanette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: H. R. Bundock, Inc. P.O. Box 13 Lubbock, Texas 79408 CITY OF LUBBOCK, TEXAS (OWNER) IsZ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City H. R. BUNDOCK, INC. CONTRACTOR By: Lam_ TITLE: President ATTEST: s Secretary May 10, 1990 Page 371 90-49A-37'1-990 (22.) (23.) 90-49A-371-261 (24.) H.R. Bundock, Inc. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3371 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #10551--Traffic signal equipment (Traffic Engineering). Consolidated Traffic Controls, Arlington --I ea. Traffic signal controller. Traffic Parts, Spring--12 ea. Signal head mounting bracket. Valmont Industries--2 ea. Signal pole w/40' mast arm. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. Hold an Executive Session on personnel matters to discuss appointments to: Lubbock Central Appraisal District Keep Lubbock Beautiful Advisory Committee Community Development Advisory Committee Consider Resolution #3372 regarding nomination to fill_ the vacancy on the Lubbock Central A raisal District Board of Directors. RESOLUTION #3372 WHEREAS, the City of Lubbock has been informed by the Lubbock Central Appraisal District of a vacancy on the Board of Directors created by the resignation of Mr. Phil Pirkle; and WHEREAS, V.T.C.A., Tax Code, Section 6.03 provides that each taxing unit may nominate, by resolution adopted by its governing body, a candidate to fill a vacancy occurring on the Board of Directors; and WHEREAS, the Board of Directors shall elect, by a majority vote of its members, one of the nominees to fill such vacancy; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby nominates Marland Ribble to fill the position'on the Lubbock Central Appraisal District Board of Directors vacated by Mr. Phil Pirkle. May 10, 1990 Page 372, Passed by the City Council on this 10th day of May, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: ZsZ Donald G. Vandiver Oonald G. Vandiver, First Assistant City Attorney Motion was made by Councilman Phillips, seconded by Councilman Carpenter to authorize Resolution #3372, appointing Marland Ribble to fill the vacancy on the Lubbock Central Appraisal District Board of Directors. Motion carried: 7 Yeas; O Nays. 90-49A-- 3g2-262 (25.) Consider one appointment to the keep Lubbock Beautiful Advisory Committee to replace Mark Ivey who declined his appointment. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint Cynthia McKinney to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 7 Yeas; 0 Hays. 90-49A•- 372-253 (25.) Consider nine appointments to the Community Development Advisory Committee. The terms of Larry Gardner, Jose Montelongo, Paul Nash, A.B. Watkins, Russ Wilkinson, Betty Carr, Roosevelt Carroll, Robert Snell, and Vonda Sommerville will expire on May 31, 1990. Motion was made by Councilman Phillips, seconded by Councilman Patterson reappointing Larry Gardner, Jose Montelongo, Paul Nash, A.B. Watkins, Russ Wilkinson, Betty Carr, Roosevelt Carroll, Robert Snell, and Vonda Sommerville and naming Paul Nash Chairman to the Community Development Advisory Committee. Motion carried: 7 Yeas; 0 Nays. May 10, 1990 Page 373 There being no further business to come before Council, motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to adjourn the meeting at 10:12 a.m. Motion carried: 7 Yeas; 0 Nays. r le B. C. FftrcMIN , MAYOR Raneute Boyd, City Secre ry READ AND APPROVED THIS 24TH DAY DF MAY, 1990. e. C. McMINN, MAYOR Ran tte Boyd, City Secre a y SECOND READWG, OR DINA NCES I � 0RdI1NANC ENO- OW i � �"4�C% AN OIIDINANCe AGANN7+1- J ANff53 c-LO$FNG { AN AI.;EY OCATED IN gI,OCK & EAST I SIDE ADDiTkON. ANaAOUTH OF I iAND ADJOINING LaT J, A70TE J ADDITION TO THe CITY OF Y LUBBOCK, LUBBOCK COUNTY,TEXAS, ANMORE P LA R L Y DESCRIBED INTICUTHE 4, � e n r y a Notary Public in and for Lubbock County, Texas on this day BODY RFCTIN THE CITY FNGIN; DI- RECTINGTHE CITY ENGINEER - a U f t i l e ■-. ■ Account Manager of the Southwestern Newspa- TO MARK THE OFFICIAL PS hers of the Lubbock Avalanche -Journal -Morning, and Sunday, who being by me duly Of THE CITY OF LUBBOCKATO REFLECT SAID A B A N O D N - that said newspaper has been continuous) for more than fifty-two weeks ri- MENT AND CLOSING: PROYIp- y1} published y y p ING A SAVINGS CLAUSE; AND If Lll PROVIDING FOR PUBLICA. rj 2 TION. N. at Lubbock County, Texas and the attached print - ORDINANCE NO.9353 it not jte is aatrue copy of the original and was printed in the Lubbock AN ORDINANCE ALTERING -ie following dates: M-Y l2 1 191 199n THE PRIMA FACIE SPEED LIM- ITS ON CERTAIN PORTIONS OF - - PND STREET. AS HEREINAF- T8R MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO: REPEAL. - I ING CONFLICTING ORDI- NANCES TO THE EXTENT OF i a g e r NCITARY PUBLIC n nd for the State of Texas SUCH CONFLICT: APPLICATION My Commission E - es.....11I..19 194 F THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS [E-JOURNAL NAMED HEREIN: PROVIDING THEIS ORDINANCE SHALL BE �r Corporation CUMULATIVE; PROVIDING A -'4s�tl TONYA HENRY NGSCLAUSERANDPROVIDIING FOR PUBLICATION. ` TA fE OF TEXAS ORDINANCE NO.9354 before me this 7$ Day Of ,'rY 1 AN ORDINANCE AMEND - "a IQNING INANCE NO. 7DOA AND THE OFFICIAL AIAP OF THE CITY OF LOSSOCK rICAKING THE FOLLOWING HANGES- ZONE CASE NO.1391- H; A ZONING CHANGE FROM C- TO C-3 ZONING ON TRACT F, LIVE OAK ADDITION, LUB- BOCK. TEXAS: PROVIDING A PENALTY; PROVIDING A $AV- L.nc r1 Aimm Alin PP(mmmr.