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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/14/1990Page 406 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JUNE 14, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 14th day of June, 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 M. J. Aderton, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. 1.) The Invocation was given by Assistant City Manager Jim Bertram. 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 3.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve the Minutes of the May 24, 1990 Regular City Council Meeting, the May 29, 1990 Special City Council Meeting, and the June 8, 1990 Special City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Swearing In of Newly Elected Official ( 5.) Board Appointments 90-49A--406-9-91 6.) A representative of Civic Lubbock, Inc. will appear to present the 1990-91 Budget. Charley Pope, representing Civic Lubbock, Inc. presented the proposed 1990-91 Civic Lubbock, Inc. Budget as provided in their Agreement with the City of Lubbock. The 1990-91 Civic Lubbock budget shows total estimated combined concessions and operating revenues of $988,599 and expenses of $656,034 (or a difference of $332,565). Of this, $162,782 (or 20% of the gross concession sales for the year) is the estimated payment to the City of Lubbock for concession rights required in the Agreement. From the $169,783 balance, $71,765 has been budgeted for net booking expense and $10,625 for Art and Beautification, leaving a balance of $87,393.00. June 14, 1990 Page 407 The Agreement between the City and Civic Lubbock was revised February 22, 1990 to include the operation of a computerized ticketing service. Anticipated revenues are budgeted at $274,475 and expenses at $211,567, leaving a budget balance of $62,908 for the Box Office Budget. The total balance for the Civic Center for 1990-91 will be $150,301 ($87,393 from con- cessions/operations and $62,908 from the Box Office). According to Staff memo, because this will be the first full year of the computerized ticketing operation and there are no historical figures on revenues, the balance of $150,301 will be used either as a contingency should revenues from the ticketing operation not meet estimates, or as a major projects reserve for items such as a marquee. Approximately one year ago, Civic Lubbock made a presentation to the Council on the installation of two marquees for an estimated cost of $160,000-$200,000. However, during this past year, Civic Lubbock, Inc. has focused its efforts on the centralized ticketing office, delaying the schedule of the marquee. The Booking portion of the Civic Lubbock budget includes 13 activities with a total net cost of $71,765. These productions or events include the following: Lubbock Symphony Classical Concert, Lubbock Symphony Pops Concert, Holiday Happening "Family Night", Community Christmas Party, Nutcracker, New Year's Eve Dance with the Maines Brothers, a Ballet spring production, Arts Festival, Guadalupe -Parkway Academy of Dance, Juneteenth Banquet, Senior Citizens Banquet, Fiestas and Youth Safety Fair. In addition to the above, $25,000 has been budgeted as a booking reserve. No action was required by Council. 90-49A•-407-292 ( 7.) Jeff Toft will appear concerning installation of stop signs on 76th Street at Flint Avenue, and take appropriate action. Jeff Toft spoke concerning a request for installation of stop signs on 76th Street at Flint Avenue. He recounted for Council the steps he and Mrs. Toft have gone through and provided maps showing the intersection in question which borders Waters Elementary School. According to Mr. Toft, 5 days a week children use the playgrounds, and there is a great deal of walking, bicycling, and other activities occurring on weekends. In addition, cars are parked along side the school during basketball and softball practices. Mr. Toft then presented a petition containing 150 signatures of parents of children who attend Waters Elementary and an additional petition which was signed by 47 residents in the immediate area of 76th & Flint. At that point, Mr. Toft showed a video of traffic flow through the intersection. June 14, 1990 Page 408 According to Staff memo, a study presented at the CTC meeting showed that there have been no major accidents at this intersection and the traffic count would not be a factor for having a two-way stop. Staff recommended that stop signs at this intersection not be used for slowing down traffic and indicated that this action would speed up traffic for motorists trying to make up for lost time. The Citizens Traffic Commission recommended possible installation of yield signs, and Staff agreed that this would be possible. A school crosswalk was also suggested by the CTC, and Staff memo indicated that this study to determine the amount of pedestrian traffic would need to be made when school starts again in the fall. After discussion at their meeting, the CTC expressed their opinion that since the traffic study indicated no problems at this intersection and no other alternatives appeared to be acceptable, this request was not feasible and therefore voted to deny the request. The Police Department has been asked to put added emphasis on speed enforcement in this area. Councilman Malay asked if 15th was the only through street to Indiana. Mr. Taft advised that 15th & 11th, are also through streets. Mayor McMinn asked Mr. Toft if he had been before the Traffic Commission. Mr. Toft's replied that his wife had appeared. Mayor McMinn asked if Mr. Taft if Mrs. Toft received a fair hearing, and Mr. Toft replied that the Commission did not address all the points that needed to be addressed and they did not have the opportunity to show their video. Mayor McMinn advised that installation of stop signs is not normally a deterrent to speed. Mr. Toft replied that it is his hope that the signs will slow traffic down on 15th. Mayor Pro Tem Baker then asked if installation of a yield sign would help. Mr. Toft replied a yield sign would not do the job because there is a high degree of visibility. Councilman Maloy responded that a similar request to Traffic Commission resulted in denial because traffic flow did not justify a stop sign. He advised further that because of the signatures of the people who use and live in the neighborhood and because not much expenses involved, the request should be approved. Councilman Aderton stated his opinion that Council should be sensitive to the concerns of citizens. Mayor McMinn then recognized Harold Chatman, Chairman of Citizens Traffic Commission, who advised Council about CTC procedures and policies and particularly about their decision regarding this request. June 14, 1990 Page 409 90-49A-.409-293 ( 8•) Councilman Maloy stated his appreciation for the work of the CTC and then asked if the City Council would violate state law by authorizing this request. City Attorney John Ross referred Council to the provision in State Warrants which allows the City to make this type of decision. Councilman Patterson stated that the City should try a 90-day program to see if the stop sign is working to protect the children, and Mr. Ross answered that Council may direct the Traffic Engineer to do this. Mr. Chatman gave his opinion that if a pilot program is done, 90 days is not sufficient. Mayor McMinn agreed, suggesting a longer period of time. Councilman Phillips asked for feedback from the neighborhood to Council regarding the effects of placing these stop signs. Councilman Phillips expressed his concern about going against CTC recommendations or decisions. He also echoed Mayor McMinn's statement that the signs will not slow the vehicular speed. Councilman Maloy stated his opinion that speed is not the problem, but the fact that the intersection is adjacent to the school is the issue. Motion was made by Councilwoman Trejo, seconded by Councilman Maloy that the Traffic Engineering Department be directed to place two stop signs at 76th Street on either side of Flint, and that report be given to Council in January from the neighborhood and City Staff showing a traffic count and giving the effects of installation of the signs. Motion carried: 5 Yeas; 2 Nays --Mayor Pro Tem Baker and Councilman Phillips. Jan Fitzhugh, Manager of Pioneer Hotel, appeared on behalf of Pioneer Hotel to request a Loudspeaker Permit in conjunction with the Country Caravan, a musical show from South Plains College, to be held on Avenue K between Broadway and Main. City Council approval is necessary due to the time for which the event is scheduled. According to Staff memo, Ms. Fitzhugh has met the requirements of the Loudspeaker Ordinance. Motion was made by Councilman Maloy, seconded by Councilman Patterson to approve issuance of a Loudspeaker Permit to Pioneer Hotel for June 19, 1990 from 8:30 p.m. until 10:00 p.m. Motion carried: 7 Yeas; 0 Nays. June 14, 1990 Page 410 90-49A-410-294 ( 9•) ORDINANCE #9361 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2646; A ZONING CHANGE FROM A-1 TO AM ZONING ON LOTS 1-24, BLOCK 4, C. C. LEFTWICH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 90-49A--410-295 (10.) Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9361 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9360 AN ORDINANCE ABANDONING AND CLOSING A STORM WATER STORAGE AND DRAINAGE EASEMENT LOCATED IN BLOCK 11, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED 1N 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, passed on first reading at the May 24, 1990 Council meeting, closes a Storm Water Storage and Drainage Easement located in the King's Gate North area (north of 82nd Street and just east of Quaker Avenue). A new Easement is being dedicated by plat to replace this Easement which is being closed. The final plat is ready to be filed, and Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9360 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-410-296 [11.} Consider Resolution #3382 authorizing the Mayor to execute an Overhead Electrical Supply Line Crossing License with the Atchison, Topeka and Santa Fe Railway Company at Erskine Street and the Clovis Highway. RESOLUTION #3382 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 as Permittee therein a License for electric supply lines across railway property by and between the City of Lubbock and Atchison, Topeka and Santa Fe Railway Company for one wire line facility to June 14, 1990 Page 411 be constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right-of-way at mile post 87 + 1833 6, Lubbock Subdivision, 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 June, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed B!cv Ed Bracy, Right -of -Way Agent 90-49A--411-297 (12.) ZsZ B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney This Resolution allows the Mayor to sign a Standard Overhead Electric Wire Line Crossing with Santa Fe. LP&L is in the process of constructing an east -west Overhead electrical line along Erskine Street from University Avenue to the Clovis Highway which will cross Santa Fe's Clovis to Lubbock Branch at approximately Clovis Road and Erskine Street. Santa Fe's charge for this license is $400. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3382 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3383 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of 34th Street, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: 8E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: Lot Ninety -Eight (98), West Side Addition to the City of Lubbock, Lubbock County, Texas. June 14, 1990 Page 412 SECTION 2. THAT the owners of said tract, including Clyde Williams, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $3,750.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of June, 1990. ATTEST:, s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: BEd Buc Ed Bucy, Right -of -Way Agent 90-49A-412-298 (13.) Is/ B. C. McMinn_ B. C. McMINN, MAYOR APPROVED AS TO FORM: s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney Items 12-21 are related to right-of-way needed to widen 34th Street from West Loop 289 to just west of Milwaukee Avenue. This property is located at the northeast corner of 33rd Street and Milwaukee Avenue (6420 33rd Street). The intersection has been shifted eastward to conform to the revised engineering plan. The vacant residential lot was appraised by Don Harris, M.A.I., and Mr. Williams is being offered $3,750, the appraised value of his property. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3383 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION _#3384 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of 34th Street, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED THE THE CITY COUNCIL OF THE CITY OF IUBBOCK: June 14, 1990 Page 413 SECTION tract of land purposes and wit: 1. THAT the fee located in Lubbock municipal purposes simple title to the following described County, Texas, be acquired for public as set forth in the preamble hereof, to - Lot One Hundred Thirty -Six (136), West Side Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said tract, including Jean T. Lane, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $3,750.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of June, 1990. ATTEST: s iette—Boyd R Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Ed Bucv Ed Bur,;v, Right -of -Way Agent 90-49A-413-299 Ls1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Full_ingim�_ J. Worth Fullingim, Assistant City Attorney This residential vacant lot is located at the southeast corner of 33rd Street and Milwaukee Avenue (6419 33rd) and is needed for the widening of 34th Street and the Milwaukee Avenue intersection. Don Harris, M.A.I., appraised this property at $3,750, which is the City's offer to Mr. Lane. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3384 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution #3385 authorizing the Right. -of -Way - Department to make a formal offer to Pauline A. LynskeY- Coplin for Lot 97,_West_ Side Addition (6 14 9 32nd Street). RESOLUTION_0385 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of 34th Street, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: June 14, 1990 Page 414 SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: Lot Ninety -Seven (97), West Side Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said tract, including Pauline A. Lynskey Coplin, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $3,500, which is the amount appraised as the value and total dlamages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of June, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: 5 Ed Bucv, Ed Bucy, Right -of -Way Agent 90-49A-.414-300 s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This property is located at the southeast corner of 32nd Street and Milwaukee Avenue (6419 32nd), and is also needed for the widening of 34th Street and the Milwaukee Avenue intersection. Don Harris, M.A.I., the appraiser of this residential vacant lot, appraised this property at $3,500, which is the City's offer to Mrs. Coplin. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3385 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (15.) Consider Resolution #3386 authorizing the Right -of -Way Department to make a formal offer to Frank-D.-Wilson for a portion of Loots 137, 138, 139, 140, and 141, West Side Addition (34th and Milwaukee). RESOLUTION #3386 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of 34th Street, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: June 14, 1990 Page 415 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of lard located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: FIELD 1,410TE DESCRIPTION on a 10,028 square feet tract of land out of Lots 137 through 141, West Side Addition to the City of Lubbock, and being out of Section 44, Block A-K, Lubbock County, Texas, and being more particularly described as fol 1 owS : BEGINNING at a 3/4" iron pipe found at the Northwest corner of said Lot 137 for the Northwest and beginning corner of this tract, whence a R.R. spike found at the Southwest corner of Section 44 bears North 871,39'47" West, 60.14 feet and South 021,20113" West, 169.13 feet; THENCE South 871,38'42" East, along the North line of said Lot :137, 54.09 feet to a 1/2" iron rod, set for a corner of this tract; THENCE South 03122'11" East, 87.52 feet to a 1/2" iron rod set for the P.C. of a curve to the left; THENCE Southeasterly, along the arc of said curve, an arc distance of 44.14 feet to a set 1/2" iron rod, said curve has a radius of 30.00 feet, a central angle of 84118'19", tangent lengths of 27.16 feet, and a chord that bears South 45131'21" East, 40.27 feet; THENCE South 87140'31" East, 208.00 feet to a 1/2" iron rod set for a corner of this tract; THENCE South 841,48'46" East, 9.33 feet to a 1/2" iron rod set -in the East line of Lot 141, for a corner of this tract; THENCE South 02P23'31" west, along the East line of said Lot 1141, 9.53 feet to a 1/2" iron rod set at the Southeast corner of Lot 141 for the Southeast corner of this tract; THENCE North 87140'31" west, 295.00 feet to a 1/2" iron rod, set for the P.C. of a curve to the right; THENCE Northwesterly, along the arc of said curve, an arc distance of 23.57 feet to a set 1/2" iron rod, said curve has a radius of 15.00 feet, a central angle of 901,02'07", tangent lengths of 15.01 feet, and a chord that bears North 42139'27" West, 21.22 feet; THENCE North 021,21'36" East, along the West line of said Lot 137, 109.13 feet to the POINT OF BEGINNING. CONTAINING: 10,028 square feet. (0.230). SECTION 2. THAT the owner of said tract, Frank D. Wilson, BE offered through the Right-of-way Department of the City of Lubbock the amount of $11,423.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the June 14, 1990 Page 416 purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings t❑ acquire the fee simple title to said lanid as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of June, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv, Ed Bucy, Right -of -Way Agent 90-49A--416-301 (16.) /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney These C-2 zoned vacant tracts of land are needed for the right -hand -turn lane and the intersection widening of 34th and Milwaukee and are located at the northeast corner ❑f 34th Street and Milwaukee. They were appraised by Don Harris at the following values: Total taking from the five Lots is 10,028 sq.ft. Lot 137 contains 7,558 sq. ft. and was valued at $1.25 per sq. ft. for a total ❑f $9,447. Lots 138-141 contain the remaining 2,470 sq. ft. valued at $0.80 cents per sq. ft. for a total ❑f $1,976. Therefore, the total offer to Mr. Wilson is $11,423. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3386 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RES0LUTION #3387 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition ❑f additional land for municipal public uses and purposes, to -wit: for the widening of 34th Street, and this City Council ❑f said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: June 14, 1990 Page 417 SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: FIELD I1OTE DESCRIPTION on a 784 square feet tract of land out of Lots 142 and 143, West Side Addition, out of the City of Lubbock and being out of Section 44, Block A-K, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a 1/2" rod set at the Southwest corner of said Lot 142 for the Southwest and beginning corner of this tract, whence a railroad spike found at the Southwest corner of Section 44 bears South 02FI24'33" West, 45.52 feet and North 871,35'27" West, 370.04 feet; THENCE North 02"223'31" East, along the West side of said Lot 142, 9.53 feet to a 1/2" rod set for the Northwest corner of this tract; THENCE South 84148'46" East, 120.14 feet to a 1/2" rod set in the East line of said Lot 143 for the Northeast corner of this tract; THENCE South 021124'21" West, along the East line of said Lot 143, 3.53 feet to a 1/2" rod set at the Southeast corner of said Lot 143 for the Southeast corner of this tract; THENCE North 87140'31" West, along the South line of Lots 142 and 1T3, 120.00 feet to the POINT OF BEGINNING. CONTAINING: 784 square feet. (0.018 Acres). SECTION 2. THAT the owners of said tract, being Walter W. Brand and B. W. Brand, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $627.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of June, 1990. ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed BucY- -- - Ed Bucy, Right -of -Way Agent /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: ZsZ J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney June 14, 1990 Page 418 This portion of Lots 142 and 143, West Side Addition is located in the north side of the 6400 Block of West 34th Street, and is needed for the widening of 34th Street and a west bound right -hand -turn lane at the Milwaukee intersection. Don Harris, M.A.I., the appraiser of these vacant C-2 zoned lots, appraised the two lot taking (784 sq. ft.) at $0.80 cents per sq. ft., for a total offer to the Brands of $627.00. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3387 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-4'9A-4113-302 (17.) Consider Resolution #3388 authorizing -the Right -of -Way Department to make a formal offer to Kenneth L. Davis and wife W nona Davis fora Rortion of Lot 144 West Side Addition (6406 34th Street). RESOLUTION #3388 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of 34th Street, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: FIELD NOTE DESCRIPTION on a 122 square feet tract of land out of Lot 144, West Side Addition to the City of Lubbock, and being out of Section 44, Block A-K, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod set at the Southwest corner of said Lot 144 for the Southwest and beginning corner of this tract, whence a railroad spike found at the Southwest corner of Section 44, bears South 021,24'33" West, 45.70 feet and North 871,35'27" West, 490.04 feet; THENCE North 02'E24'21" East, along the West line of said Lot 144, 3.53 feet to a 1/2" iron rod set for the Northwest corner of this tract; THENCE South 841,,48'46" East, 60.07 feet to a 1/2" iron rod set in the East line of said Lot 144, for the Northeast corner of this tract; THENCE South 021,24'46" West, along the East line of said Lot 144, 0.53 feet to a 1/2" iron rod set at the Southeast corner of said Lot 144 for the Southeast corner of this tract; THENCE North 87140'31" West, along the South line of said Lot 144, 60.00 feet to the POINT OF BEGINNING. June 14, 1990 Page 419 CONTAINING: 122 square feet. (0.003 Acres). SECTION 2. THAT the owners of said tract, being Kenneth L. Davis and wife, Wynona Davis, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $97.60, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of June, 1990. ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: 5 Ed B_ u Ed Bucy, Right -of -Way Agent Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This vacant C-2 zoned property is located at 6406 34th and is needed for the widening of 34th Street and a right -hand -turn lane at the Milwaukee intersection. This 122 sq. ft. tract of land was appraised at $0.80 cents per sq. ft., by Don Harris, M.A.I., for a total offer to Mr. and Mrs. Davis of $97.60. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution 43388 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A 419-303 (18.) Consider Resolution #3389 authorizing the Right -of - Inc., for two tracts of land located in Secti.on.37,_ Block A-K Asoutheast corner of 34th and Milwaukee). RESOLUTION 43389 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of 34th Street, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: June 14, 1990 Page 420 SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: TRACT 1 FIELD MOTE DESCRIPTION on a 32,746 square feet tract of land out of Section 37, Block AK, Lubbock County, Texas and being more particularly described as follows. BEGININING at a railroad spike set in the North line of said Section 37 for the Northwest and beginning corner of this tract, whence a railroad spike found at the Northwest corner of said Section 37 bears North 871,35'27" West, 169.08 feet; THENCE South 871,35'27" East along the North line of said Section 37, 479.90 feet to a railroad spike set for the Northeast corner of this tract; THENCE South 02Z23'47" West, 68.00 feet to a square tube found for the Southeast corner of this tract; THENCE North 871'38'36" West, 467.71 feet to a 1/2" rod set for the P.C. of a curve to the left; THENCE Southwesterly, along the arc of said curve, an arc distance of 12.49 feet to a 1/2" rod set for a P.O.C., said curve has a radius of 30.00 feet, a central angle of 23150'47", tangent lengths of 6.34 feet and a chord that bears South 80i26'00" West, 12.40 feet; THENCE North 02120'38" East, 71.00 feet to the POINT OF BEGIN KING. CONTAINING: 32,746 square feet. (0.752 Acres) TRACT 2 (FIELD NOTE DESCRIPTION on a 3,524 square feet tract of land out of Section 37, Block AK, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a 1/2" rod Set for the Northernmost and beginning point of this tract, whence a railroad spike found at the Northwest corner of Section 37 bears North 871,37'45" West, .169.21 feet and North 02Z22'15" East, 278.73 feet; THENCE South 031,22'11" East, 29.93 feet to a 1/2" rod set for a corner of this tract; THENCE South 00130'26" East, 200.25 feet to a 1/2" rod set for a corner of this tract; THENCE South -03'22'11" East, 104.55 feet to a 1/2" rod set in the North line of a 20 feet alley for the Southeast corner of this tract; THENCE North 871238'32" West, along the North line of said 20 feet alley, 23.35 feet to a 1/2" rod set for the Southwest corner of this tract; THENCE North 021,20'38" East, 333.80 feet to the POINT OF BEGINNING. June 14, 1990 Page 421 CONTAINING: 3,524 square feet. (0.081 Acres) SECTION 2. THAT the owners of said tract, including Sonny Arnold, Inc., BE offered through the Right -of -Way department of the City of Lubbock the amount of $39,656.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of June, 1990. ATTEST: Zsl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Zsl Ed Bu Ed Bucy, Right -of -Way Agent 90-49A-421-304 Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zs1 J._Worth Fullingim J. Worth Fullingim, Assistant City Attorney These two tracts of vacant C-2 zoned land are located at the southeast corner of 34th Street and Milwaukee Avenue and are needed for the widening of 34th Street. Don Harris, M.A.I., the appraiser of these two tracts of land, valued them as follows: Tract 1 contains 32,746 square feet. Of this amount, 11,200 sq. ft. was appraised at $1.75 due to its corner influence for a total of $19,600. The remaining 21,546 sq. ft. of Tract 1 is valued at $0.80 per sq. ft. for a total for $17,236.00. Total of Tract 1 is $36,837. Tract 2 contains 3,524 sq. ft. and appraised for $0.80 cents per sq. ft. for a total of $2,819. The grand total of both tracts, which is the City's offer to Sonny Arnold, is $39,656. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3389 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (19.) Consider Resolution #3390 authorizing the Right -of -Way Department to make a formal offer to Hilbert Kyle Seale, Daniel K. Seale, Kathleen L. Seale Withers, Carolyn A. Seale, Steven M. Seale, Victoria L. Seale, and Marion E. Seale Freeland for a 2.955 acre tract of land out of Sections 37 and 38 Block A-K southwest corner of 34th and Milwaukee). June 14, 1990 Page 422 RESOLUTION #3390 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of 34th Street, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: FIELD NOTE DESCRIPTION on a 128,704 square feet tract of land out of Tract No. 12, Lowery Subdivision to the City of Lubbock, and being out of Sections 37 and 38, Block A-K, Lubbock County, Texan and being more particularly described as follows: BEGINNING at a R.R. spike found at the Northeast corner of said Section 38, for the beginning point of this tract; THENCE South 871,35'27" East, along the North line of said Section 37, 169.08 feet to a R.R. spike, set for the Northeast corner of this tract; THENCE South 021120'38" West, 622.41 feet to a 1/2" iron rod, found for a corner of this tract; THENCE South 027'23'57" West, 306.13 feet to a 1/2" iron rod, set for a corner of this tract; THENCE South 02122'46" West, 62.52 feet to a 1/2" iron rod, set ifor the Southeast corner of this tract; THENCE North 87137'13" West, 55.00 feet to a 1/2" iron rod, set for the Southwest corner of this tract; THENCE Northwesterly, along the arc of a curve to the left, an arc distance of 119.41 feet to a set 1/2" iron rod, said curve has a radius of 1190.00 feet, a central angle of 051,44'58", tangent lengths of 59.76 feet, and a chord that bears North 001,29'42" West, 119.36 feet; THENCE North 03122'11" West, 773.84 feet to a 1/2" iron rod, set for the P.C. of a curve to the left; THENCE Northwesterly, along the arc of said curve, an arc distance of 44.13 feet to a set 1/2" iron rod, said curve has a radius of 30.00 feet, a central angle of 84'16'34", tangent llengths of 27.14 feet and a chord that bears North 451,30'28" West, 40.26 feet; THENCE North 871,38'45" West, 208.00 feet to a 1/2" iron rod, set for a corner of this tract; THENCE North 81"E56'07" West, 201.00 feet to a 1/2" iron rod, set for a corner of this tract; June 14, 1990 Page 423 THENCE North 02121'15" East, 55.00 feet to a R.R. spike, set in the North line of Section 38, for the Northwest corner of this tract; THENCE South 87138'45" East, along the North line of said Section 38, 407.04 feet to the POINT OF BEGINNING. CONTAINING: 128,704 square feet. (2.955 Acres) SECTI01111 2. THAT the owners of said tract, including Hilbert Kyle Seale, Daniel K. Seale, Kathleen L. Seale Withers, Carolyn A. Seale, Stephen M. Seale, Victoria L. Seale, and Marian E. Seale Freeland, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $29,550.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of June, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: 5 Ed E.ucY Ed Bucy, Right -of -Way Agent 90-49A-423-305 (20.) Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney This tract of land is located at the southeast corner of 34th Street and Milwaukee Avenue and is needed for the widening of 34th Street and its intersection with Milwaukee. Don Harris, M.A.I., the appraiser of this property, valued this 2.955 acres or 128,704 sq. ft. of vacant R-1 land at $29,550 (or $10,000 per acre), which is the City's offer to the Seales. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3390 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3391 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of 34th Street, and this City Council of said June 14, 1990 Page 424 City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: TRACT 1 FIELD NOTE DESCRIPTION on a 21,360 square feet tract of land out of Section 43, Block A-K, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a R.R. spike, found at the Southeast corner of said Section 43, for the Southeast and beginning corner of this tract; THENCE North 87,138'45" West, along the South line of said Section 43, 427.29 feet to a R.R. spike, set for the Southwest corner of this tract; THENCE North 02"21'15" East, 55.00 feet to a 1/2" iron rod, set for the Northwest corner of this tract; THENCE South 86112'52" East, 399.52 feet to a 1/2" iron rod, set for the P.C. of a curve to the left; THENCE Northwesterly along the arc of said curve, an arc distance of 34.61 feet to a set R.R. spike, said curve has a radius of 30.00 feet, a central angle of 66106'30", tangent lengths of 19.52 feet, and a chord that bears North 60243'53" East, 32.73 feet; THENCE South 02'J20'13" West, along the East line of said Section 43, 62.18 feet to the POINT OF BEGINNING. CONTAINING: 21,360 square feet. (0.490 Acres) TRACT 2 FIELD NOTE DESCRIPTION on a 6,194 square feet tract of land out of Section 43, Block A-K, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a R.R. spike, set in the East line of said Section 43, for the Most Southerly and beginning point of this tract, whence a R.R. spike, found at the Southeast corner of said Section 43 bears South 02,20'13" West, 105.40 feet; THENCE North 031,22'11" West, 180.47 feet to a 112" iron rod, set for a corner of this tract; THENCE North 00130'26" West, 200.25 feet to a 1/2" iron rod, set for a corner of this tract; THENCE South 871,42'04" East, 27.88 feet to a R.R. spike, set in the East line of said Section 43, for the Northeast corner of this tract; THENCE South 02120'13" West, along the East line of said Section 43, 379.59 feet to the POINT OF BEGINNING. June 14, 1990 Page 425 CONTAINING: 6,194 square feet. (0.142 Acres) SECTION 2. THAT the owners of said tract, including W. G. McMillan, Jr., BE offered through the Right -of -Way Department of the City of Lubbock the amount of $6,320.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of June, 1990. ATTEST: /s/ Ran—t g Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Ed Bu Ed Bucy, Right -of -Way Agent 90-49A-425-306 (21.) Is1 B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: Is/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney These two tracts of land adjacent to Elm Grove Golf Course are at the northwest corner of 34th Street and Milwaukee Avenue and are needed for the widening of 34th and the Milwaukee Avenue intersection. Don Harris, M.A.I., the appraiser of these two tracts of land, valued them as follows: Tract 1 contains 21,360 sq. ft. (0.490 acre) and was valued at $4,900. Tract 2 contains 6,194 sq. ft. and was valued at $1,420. Valuation was placed at $10,000 per acre on these takings. The City's offer then to Mr. McMillan is $6,320. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3391 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. land and one Drainage Easement located in Section 44, Black A-K (34th Street to Loop 289 to Kewanee). June 14, 1990 Page 426 RESOLUTION #3392 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of 34th Street, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tracts of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: TRACT 1 FIELD NOTE DESCRIPTION on a 122705 square feet tract of land out of Section 44, Block A-K, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a R.R. spike, set in the South line of said Section 44, for the Southwest and beginning corner of this tract, whence a R.R. spike, found at the Southwest corner of said Section 44 bears North 811,35'27" West, 1320.75 feet; THENCE North 021'18'19" East, 45.69 feet to a 3/8" iron rod, found for a corner of this tract; THENCE North 02112'23" East, 14.52 feet to a 1/2" iron rod, set for the Northwest corner of this tract; THENCE South 81147'37" East, 30.00 feet to a 112" iron rod, set for the P.C. of a curve to the left; THENCE Southeasterly, along the arc of said curve, an arc distance of 23.98 feet to a set 1/2" iron rod, said curve has a radiuis of 15.00 feet, a central angle of 91134'34", tangent lengths of 15.42 feet, and a chord that bears South 43134'54" East, 21.50 feet; THENCE South 891,22'11" East, 267.99 feet to a 1/2" iron rod, set for a corner of this tract; THENCE South 81Y36'04" East, 1983.83 feet to a 1/2" iron rod, set for the Northeast corner of this tract; THENCE South 01141'45" West, 54.05 feet to a R.R. spike, set in the South line of said Section 44, for the Southeast corner of this tract; THENCE North 81j35'27" West, along the South line of said Section 44, 2297.59 feet to the POINT OF BEGINNING. CONTAINING: 122705 square feet. (2.817 Acres) June 14, 1990 Page 427 TRACT 2 FIELD NOTE DESCRIPTION on a 52649 square feet fee simple land for slope purposes out of Section 44, Block A-K, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a set 112" iron rod for the beginning corner of this tract, whence a R.R. spike, found at the Southwest corner of said Section 44 bears South 02225'44" West, 83.65 feet and North 87235'27" West, 1373.73 feet; THENCE South 87236'04" East, 1576.22 feet to a 1/2" iron rod, set for a corner of this tract; THENCE South 80245'29" East, 251.79 feet to a 112" iron rod, set for a corner of this tract; THENCE North 87235'04" West, 1555.07 feet to a 1/2" iron rod, set for a corner of this tract; THENCE North 89122'11" West, 257.99 feet to a 1/2" iron rod, set for the P.C. of a curve to the right and a corner of this tract; THENCE Northwesterly, along the arc of said curve, an arc distance of 23.98 feet to a set 1/2" iron rod, said curve has a radius of 15.00 feet, a central angle of 91$34'34", tangent lengths of 15.42 feet, and a chord that bears North 43234'54" West, 21.50 feet; THENCE North 47212'23" East, 32.88 feet to the POINT OF BEGINNING. CONTAINING: 52559 square feet. (1.209 Acres). TRACT 3 FIELD, NOTE DESCRIPTION on a 29724 square feet fee simple land for ditch purposes out of Section 44, Block A-K, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod, set for the Southwest and beginning corner of this tract, whence a R.R. spike, found at the Southwest corner of said Section 44 bears South 02225'44" West, 83.55 feet and North 87235'27" West, 1373.73 feet; THENCE North 02212'23" East, 15.00 feet to a 112" iron rod, set for the Northwest corner of this tract; THENCE South 87236'04" East, 1577.17 feet to a 112" iron rod, set for a corner of this tract; THENCE South 80245'29" East, 251.78 feet to a 112" iron rod, set for a corner of this tract; THENCE South 87235'04" East, 152.59 feet to a 1/2" iron rod, set for the Northeast corner of this tract; THENCE South 02$23'55" West, 15.00 feet to a 1/2" iron rod, set for the Southeast corner of this tract; THENCE North 87235104" West, 153.58 feet to a 112" iron rod, set for a corner of this tract; June 14, 1990 Page 428 THENCE North 801'45'29" West, 251.79 feet to a 1/2" iron rod, set for a corner of this tract; THENCE North 871,36'04" West, 1576.22 feet to the POINT OF BEGINNING. CONTAINING: 29724 square feet. (0.682 Acres). SECTION 2. THAT easement title for a drainage easement to the land hereinafter described by metes and bounds, and respectively designated "Tract 4" said tract of land being located in Section 44, Block A-K, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: TRACT 4 DESCRIPTION on a 7800 square feet (0.179 acre) drainage easement out of Section 44, Block A-K, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod set in the North line of a 15 feet wide fee simple tract of land for ditch purposes hereinabove referred to as Tract 3 for the Southeast and beginning corner of this easement, whence the Southeast corner of Section 44, Block; A-K bears South 02g24'33" West, 98.79 feet and South 871,35'27" East, 3103.24 feet; THENCE North 02123'56" East, 130.00 feet to a 1/2" iron rod set for the Northeast corner of this easement; THENCE North 87136'04" West, 60.00 feet to a 1/2" iron rod set for the Northwest corner of this easement; THENCE South 021,23'56" West, 130.00 feet to a 1/2" iron rod set in the North line of said 15 feet wide fee simple tract of land for ditch purposes hereinabove referred to as Tract 3 for the Southwest corner of this easement; 'THENCE South 871,36'04" East, along the North line of said 15 .Feet wide fee simple tract of land for ditch purposes hereinabove referred to as Tract 3, 60.00 feet to the POINT OF BEGINNING. CONTAINING: 7800 square feet (0.179 Acres). !SECTION 3. THAT the owners of said tract, being Mina Wolf Lamb, Arch Karl Lamb, and Arch G. Lamb, BE offered through the Right -of -Way Department of the City, of Lubbock the amount of $80,034.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, and the amount of $179.00 for the easement title to the real estate hereinabove described for the value and damages therefore, being a total offer to said owner of $80,213.00 for such fee simple and easement title acquisition, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title and easement title to said land as hereinabove described for public purposes and municipal purposes. June 14, 1990 Page 429 Passed by the City Council this 14th day of June, 1990. ATTEST: Is/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Buc Ed Bucy, Right -of -Way Agent Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney These tracts of land needed for the widening of 34th Street are located along the north side of 34th from Loop 289 westward to Kewanee Avenue. Tract 1 contains 122,705 sq. ft. or 2.817 acres. Tract 2 contains 52,649 sq. ft. or 1.209 acres and will be used as fee simple slope land. Tract 3 contains 29,724 sq. ft. or 0.682 acres and will he used as fee simple drainage ditch land. The Drainage Easement contains 7,800 sq. ft. or 0.179 acres and is 60.0 by 130.0 feet in size. This Drainage Easement will be used to drain stormwater from the new 34th Street storm water drainage system into the lake on Arch Lamb's property. According to Staff memo, much of these three tracts as well as the easement land are below the high water elevation mark of 3,261.21 which caused the properties to be valued differently. The valuation of these tracts and damages, according to Don Harris, M.A.I., are as follows: 21,245 sq. ft. of Tracts 1, 2, and 3 is above the high water line to the east and is valued at $3.00 per sq. ft. for $63,735 12,810 sq. ft. of Tracts 1, 2, and 3 is above the high water line to the west and is valued at $0.50 cents per sq. ft. for $6,405 .33 acres of Tract 1 is below the high water line in the center and is valued at $2,500 per acre for $825 .98 acres of Tract 2 is below the high water line in the center and is valued at $2,000 per acre for $1,960 .50 acres of Tract 3 is below the high water line in the center and is valued at $1,000 per acre for $500 2.109 acres of Tract 1 is in Road Easement and is valued at $1,000 per acre for $2,109 June 14, 1990 Page 430 .179 acres in the Drainage Easement and is valued at $1,000 per acre for a total of $179 Payment for moving trees, stock fences, and construction of block fence 40' long at residence $4,500. Total due to the Lambs as a result of this taking is $80,213, which is the City's offer. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3392 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. 90-49A-430_.307 (22.) Consider the price and conditions of sale of Parcel Number 335 0-18-60 in the Guadalupe Urban Renewal Area at 208 Avenue L. This is a routine sale of property by the Urban Renewal Agency to Buster Lester, dba B & L Homes, for $300. This property is properly zoned and is to be redeveloped as a single-family residence. The proposed sale is submitted in accordance with the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to accept price and conditions of sale of Parcel Number 33500-18-60 in the Guadalupe Urban Renewal Area at 208 Avenue L as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A--430-308 (23.) Consider Ordinance #9362 authorizing a traffic signal at the intersections of Brownfield Road and West Loop 289. ORDINANCE #9362 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL ON BROWNFIELD ROAD AT WEST LOOP 289; AND PROVIDING FOR PUBLICATION. On January 26, 1989, the Mayor executed an Agreement with the State of Texas for construction of a traffic signal at this location by the State. The City will maintain the signal. The State has completed construction, and the City will assume maintenance within the next thirty days. The cost of construction was approximately $74,000, and the average annual cost of maintenance will be approximately $2,500, including electricity. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Maloy to pass on first reading Ordinance #9362 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. June 14, 1990 Page 431 90-49A-431-309 (24.) Consider Ordinance #9363 authorizing a traffic sign at the intersections of 34th Street and West LooR 289. ORDINANCE #9363 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL ON 34TH STREET AT WEST LOOP 289; AND PROVIDING FOR PUBLICATION. On January 26, 1989, the Mayor executed an Agreement with the State of Texas for the construction of a traffic signal at this location by the State. The City will maintain the signal. The State is in the process of construction, and the City will assume maintenance later this summer. The cost of construction is approximately $63,000, and the average annual cost of maintenance is estimated at $2,500, including electricity. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Maloy to pass on first reading Ordinance #9363 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A- 431-310 (25.) Consider Ordinance #9364 authorizing a traffic signal at the intersections of Ouaker Avenue and North Loop 289. ORDINANCE #9364 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL ON QUAKER AVENUE AT NORTH LOOP 289; AND PROVIDING FOR PUBLICATION. On January 26, 1989, the Mayor executed an Agreement with the State of Texas for the construction of a traffic signal at this location by the State. The City will maintain the signal. The State is currently in the process of construction, and the City will assume maintenance later this summer. The cost ❑f construction is approximately $84,000, and the average annual cost of maintenance will be approximately $2,500, including electricity. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Maloy to pass on first reading Ordinance #9364 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-431-311 (26.) June 14, 1990 Page 432 RESOLUTION #3393 WHEREAS, the Texas State Department of Highways and Public Transportation is gathering input about the proposed Texas Highway Trunk System as part of a long-range plan to develop a rural network of four -lane or better divided roadways linking urban areas in the State of Texas, as well as major ports and points of entry from surrounding states and Mexico; and WHEREAS, the City Council of the City of Lubbock wholeheartedly and enthusiastically supports the Texas Highway Trunk System and such long- range planning in connection therewith, and desires to make such support known to the Texas State Department of Highways and Public Transportation, and as a matter of public record desires to evidence the support of this City Council for the Texas Highway Trunk System; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. THAT the City of Lubbock endorses, approves, and fully supports the proposed Texas Highway Trunk System as shown on the map dated May 1990, attached hereto and made a part of this Resolution as if fully copied herein in detail in this place. SECTION 2. THAT the City Council of the City of Lubbock recommends that said map be amended to show the following additions as an integral part of the proposed Texas Highway Trunk System: State Highway 114 from Lubbock westward to the New Mexico State line; State Highway 114 from Jacksboro to Dallas; and U.S. Highways 82 and 380 from Brownfield westward to the New Mexico State line. SECTION 3. THAT the City Council of the City of Lubbock pledges the assistance of the City of Lubbock to pursue future expansions of the Interstate Highway System in Texas. :SECTION 4. THAT the Director of Transportation of the City of Lubbock is hereby authorized and directed to transmit a copy of this Resolution duly certified to by the City Secretary to Mr. Robert Cuellar, Transportation and Planning Division, State Department of Highways and Public Transportation, in order to evidence the support of the proposed Texas Highway Trunk System by the City of Lubbock unto the State of Texas as represented by its Department of Highways and Public Transportation. Passed by the City Council this 14th day of June, 1990. ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPRDV17D AS TO CONTENT: s Lar-ry V. Hoffman Larry If. Hoffman, Director of Transportation Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fidl inim___ _ J. Worth Fullingim, Assistant City Attorney June 14, 1990 Page 433 State Department ❑f Highways and Public Transportation TEXAS HIGHWAY TRUNK SYSTEM PUBLIC HEARING ANNOUNCEMENT A public hearing will be held on Wednesday, June 20, 1990 to receive public input on the selection of routes for the Texas Highway Trunk System. This is a planned future 4-lane divided highway system for Texas. Ten previous meetings on the proposed Trunk System were held around Texas in the Fall of 1989. Based on the public input from these meetings selection criteria were developed, refined and adopted. The map on the reverse side of this announcement shows the Trunk System routes now proposed for selection according to those criteria. This hearing will be held at 10:00 a.m., Wednesday, June 20, 1990 in the Lyndon Baines Johnson Auditorium at 24th and Red River Streets in Austin, Texas. Parking is available at the Lyndon Baines Johnson Library with entrance from Red River Street. The auditorium is on the lowest building level. 'sign -in will begin at 8:00 a.m. Speakers will be taken on a first come, first serve basis and will be limited to 5 minutes each. Groups, organizations, or associations should be represented by ❑nly one speaker. Speakers are requested to refrain from repeating previously presented testimony. After this hearing, all comments will be analyzed; the final version of the Trunk System will be developed and subsequently considered by the State Highway and Public Transportation Commission for adoption. If you are unable to attend the public hearing, you can participate through written comments addressed to Mr. Robert Cuellar, Transportation Planning Division, P.O. Box 5051, Austin, Texas 78763-5051, (512) 465-7466. In ❑rder to be considered, all comments must be received on or before July 3, 1990. MAP FILED WITH RESOLUTION. The proposed "Trunk System" contains only one of four recommendations made by Lubbock, and it was Staff's opinion that this Resolution was needed to reiterate the City's position at an upcoming public hearing in Austin. The wording was suggested by Senator Montford's ❑ffice, and Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3393 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 90-49A-433-312 (27.) June 14, 1990 Page 434 RESOLUTION #3394 WHEREAS, the City of Lubbock, Texas, as Lessor, presently has three Fixed Base Operator Agreements with Lubbock's Texas Air Center, Inc., as Lessee/Assignee, which Agreements and Addendums thereto are attached hereto and collectively referred to hereinafter as the "Ground Leases;" and WHEREAS, Lubbock's Texas Air Center, Inc. now desires to assign its leasehold interest in said Ground Leases to a Texas corporation known as Abilene Aero, Inc., hereinafter called "Purchaser;" and WHEREAS, each of the Ground Leases requires that the Lessee obtain prior written consent of the City before assignment of any interest therein; and WHEREAS, Lessor does not object to the assignment of said Ground Leases by Lubbock's Texas Air Center, Inc. to Purchaser on condition that Purchaser will assume all of Lessee's obligations under the Ground Leases and provided that all rentals and other fees due Lessor and in arrears at the time of the assignment are paid to Lessor within a reasonable time following closing of the transaction in which said Ground Leases are assigned; and WHEREAS, Purchaser is willing to assume all of Lessee's obligations under the Ground Leases and adhere to all terms and conditions contained therein; and WHEREAS, it would be in the best interest of the citizens of the City of Lubbock if Lessor consented to the assignment pursuant to the terms and conditions above stated; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City hereby consents to an assignment by Lubbock"s Texas Air Center, Inc. of its leasehold interest in the aforementioned Ground Leases to Abilene Aero, Inc., on condition that the Purchaser will assume all of Lessee's obligations under the Ground Leases and agree t❑ adhere to all terms and conditions contained therein, and subject to the City's receipt of all past due rentals and other fees due the City foillowing closing of the transaction wherein the Ground Leases are assigned to, Abilene Aero, Inc. Passed by the City Council this 14th day of June, 1990. ATTEST: 11Z Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case, Director of Aviation s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney June 14, 1990 Page 435 90-49A--435-313 (28.) The current Lease with Lubbock Texas Air Center, Inc., a Fixed Base Operator at Lubbock International Airport, provides that an Assignment of their Lease requires the prior written consent ❑f the City. According to Staff comments, Abilene Aero, Inc. desires a Consent t❑ an Assignment of Lubbock Texas Air Center Inc. Lease Hold Interest, accepts all the conditions and terms in the existing Lease, and provides that all rentals or fees due the City at the time of assignment are paid in full. The rental space and rates are as follows: Tracts #1 # #2: 308,000 sq. ft. at $.0750 per sq. ft. per year Tract #3: 39,194 sq. ft. at $.0695 per sq. ft. per year Tract #4: 30,937 sq. ft. at $.0695 per sq. ft. per year Tract #4: 18,765 sq. ft. at $.0874 per sq. ft. per year Estimated annual revenue is $29,614.16. The Contract is through the year 2001. The Airport Board and City Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Phillips to authorize Resolution #3394 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. as amended, to provide for Capital Assistance, Operating Assistance, and Technical Studies for Citibus. RESOLUTION #3395 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City ❑f Lubbock BE and is hereby authorized and directed t❑ execute for and on behalf ❑f 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 Technical Studies, Capital, and Operating Assistance for the period from October 1, 1990 through September 30, 1992, 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. June 14, 1990 Page 436 Passed by City Council this 14th day of June, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ Lar-ry loffman Larry Hoffman, director of Transportation RESOLUTION NO. 3395 Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s1 J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney AUTHORIZING RESOLUTION Resolution authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended: WHEREAS, the Secretary of Transportation is authorized to make grants for a mass transportation program of projects: WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share ❑f the project costs in the program: WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREA►, it is the goal of the applicant that minority business enterprises be utillitzed to the fullest extent possible in connection with this project:, and that definite procedures shall be established and administered to ensure that minority businesses shall have the maximum contracts, supplies, equipment contracts, ❑r consultant or other services, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, ON THIS 14TH DAY OF JUNE, 1990 AS FOLLOWS: 1. That the MAYOR is authorized to execute and file an application on behalf of the CITY OF LUBBOCK, TEXAS, with the U.S. Department of Transportation to aid in the financing of planning, capital, and/or operating assistance projects for the period ❑f October 1, 1990, through September 30, 1992, pursuant to Section 9 ❑f the Urban Mass Transportation Act of 1964, as amended. 2. That the MAYOR is authorized to execute and file with such application an assurance of any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. June 14, 1990 Page 437 3. That the GENERAL MANAGER of CITY TRANSIT MANAGEMENT, CO., INC., is authorized to furnish such additional information as the U.S. Department ❑f Transportation may require in connection with the application for the program of projects. 4. That the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the program ❑f projects' procurement needs. 5. That the MAYOR is authorized to set forth and execute grant agreements ❑n behalf of the CITY OF LUBBOCK, TEXAS, with the U.S. Department of Transportation for aid in the financing of the planning, capital, and/or operating assistance program of projects. 6. That the RESOLUTION shall take effect immediately upon its adoption. PASSED BY THE CITY COUNTIL THIS 14TH DAY OF JUNE, 1990. ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation GRANT APPLICATION FILED WITH RESOLUTION /s/ B. C. McMinn B. C. McM1NN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney The approval of this grant will continue the current level of service for Fiscal Year 1990-91 and Fiscal Year 1991-92 (October 1, 1990-September 30, 1992). Notices were published ❑n May 16, 1990 and May 29, 1990, giving the general public an opportunity to comment on this application. A public hearing was held by the Transit Advisory Board on May 29, 1990 at 12:30 p.m., and there was no public comment. The Capital Assistance portion ❑f the grant is 80% federally funded and 20% locally funded. The City will seek State funding if it is available. The capital portion ❑f the grant will be for Fiscal Year 1990-91 and Fiscal Year 1991-92, and the items to be purchased will be used t❑ maintain current level of service. The capital items are: Bus shelters and turnouts $300,000 Fuel storage and monitoring system 20,000 Ten rebuilt engines/transmissions 140,000 Office equipment (copier, 86,000 ID camera, etc. One vehicle (for supervisor) 10,750 Shop equipment (floor jack, 13,500 pressure washer, eng. hoist, etc.) One 3/4 ton pickup 12,250 Roof improvements 30,000 Contingencies 15,625 Administrative 13,125 $641,250 June 14, 1990 Page 438 Following is a brief description and justification of each: Purchase and install bus shelters/turnouts. Texas Tech University has requested additional shelters and turnouts on the campus and will pay the local share for this item. Purchase and instal fuel storage monitoring system. This system must be installed to insure compliance with EPA final rule (effective September 23, 1988) on underground storage tanks. The rule specifies installation of a monthly -release detection system or an annual tank -tightness test with inventory control. Rebuild ten engines and transmissions. The high mileage and age of the fleet warrant replacement of ten engines and transmissions. This will extend the life of the buses at least five years and will decrease oil and fuel consumption and breakdowns on accessory components. Purchase of office equipment. Installation of a Management Information System will computerize Citibus' Department ❑f Finance, and networking will link all computers in the facility. Replacement of an existing I.D. camera used for handicapped passengers and employees and purchase of an office copier is also needed. Replacement of a supervisor's car. This vehicle is used for on -time performance checks, accident investigation, and taking passengers to their destination when they miss the bus. Purchase of miscellaneous shop equipment. The purchase of an engine hoist for lifting heavy objects ❑ff the buses and a 22-tan floor jack for tire changes is necessary t❑ reduce chances ❑f injury to maintenance employees. The purchase of two pressure washers will help in the cleaning of engines to aid in preventive maintenance measures. Replacement of a picku2. This vehicle is used for roadcalls, parts pickup, and shelter repair. Improvements to the roof. The roof in the maintenance area is leaking and causing deterioration. The Operating Assistance portion of the grant is funded by 50% federal share and 50% local share. The operating portion of the grant, as submitted, will include a local share of $1,250,000, of which $600,000 would be provided by the City of Lubbock, $333,800 by Texas Tech University Student fees, $266,200 by route guarantees, and $50,000 by the State Public Transportation Funds. The Operating Assistance portion of the grant will be for Fiscal Year 1990-91. June 14, 1990 Page 439 The Technical Studies portion ❑f the grant is required to maintain eligibility for capital and operating funding. This portion of the grant is 80% federally funded and 20% locally funded. The Federal Government will fund $100,000 ❑f the grant and the remaining $25,000 will be funded by the City of Lubbock. The Technical Studies portion ❑f the grant will be for Fiscal Year 1990-91 and Fiscal Year 1991-92. This money will fund transit planning activities as defined in the Fiscal Year 1990-91 Unified Planning Work Program and outlined as follows: Elderly and Handicagped Service Planning A. With the enactment of the Americans with Disabilities Act (ADA), this project will focus on ensuring Citibus' full compliance with the Act in all facets ❑f service. B. Funding UMTA $14,000 City of Lubbock 3,500 $17,500 Clean Air Planning A. This portion ❑f the project will include analysis of the use ❑f alternative fuels such as methanol and natural gas for Citibus' fleet. B. Funding UMTA $14,000 City of Lubbock 3,500 $17,500 Safety/Alcohol-Drug Control Studies A. This portion ❑f the study will include development of policies and planning for the proper safety - related maintenance of transit vehicles, fire safety, safety during periods ❑f severe weather, substance abuse where it affects employee performance in critical safety related jobs, emergency preparedness to improve the capability to respond t❑ transit accidents, and security to reduce theft and vandalism to transit property. B. Funding UMTA $14,000 City ❑f Lubbock 3,500 $17,500 June 14, 1990 Page 440 Risk Management A. This portion will develop comprehensive risk management strategies, including elements involving risk reduction, risk avoidance, and insurance. The project will include a safety audit and development of safety/security improvement and risk management programs. B. Funding UMTA $10,000 City ❑f Lubbock 2,500 $12,500 Planning Sack -To -Basic A. Activities included in this task will be undertaken with the intent of improving local databases in ❑rder to help develop meaningful financial plans. B. Funding UMTA $10,000 City ❑f Lubbock 2,500 $12,500 Short -Range Transit Planning A. This portion will include development of appropriate plans to ensure transit safety, services for elderly and handicapped patrons, and implementation of recommendations developed during the FY 1990 Comprehensive System Analysis. B. Funding UMTA $ 7,000 City of Lubbock 1,750 $ 8,750 Financial Planning A. This portion will involve an assessment ❑f existing financial conditions, identification of financial requirements for ongoing ❑perations, assessment ❑f Citibus' ability t❑ meet future financial requirements, and identification of possible new sources of revenue to meet any future shortfall. B. Funding UMTA $ 5,000 City of Lubbock 1,500 $ 7,500 June 14, 1990 Page 441 Maintenance of _Eligibility A. This involves the preparation and coordination of activities in the areas of Title VI Certification, Minority Business Enterprises Participation, Section 504, the Unified Work Program and Transportation Improvement Plan. B. Funding UMTA City of Lubbock $ 6,000 1,500 Capital Investment Planning A. Because of Citibus' increasing needs for capital improvements, this task will stress the identification of more economical approaches to meeting the needs for capital expenditures and will include the examination of opportunities for private investment in transit facilities and equipment. B. Funding UMTA $ 5,000 City of Lubbock 1,250 $ 6,250 Computer Training A. In order for Citibus' Staff to use the network included in the purchase of a Management Information System under capital purchases, on site training for all Staff members will be conducted. B. Funding UMTA $ 5,000 City of Lubbock _ 1,250 $ 6,250 Training and Professional Development A. This program will allow Citibus' management Staff and operations and maintenance personnel to attend seminars, schools, training sessions, and conferences to further their education and professional development. B. Funding UMTA $ 3,000 City of Lubbock 750 $ 3,750 June 14, 1990 Page 442 90-49A--442-314 (29.) The proposed City share for this application is $648,888 broken down as follows: FY 1990/91 FY 1991/92 Capital $ 23,888 $ 0 Operating 600,000 0 Technical 12,000 13,000 Total $635,888 $13,000 At their May 29, 1990 meeting, the Lubbock Public Transit Advisory Board recommended that the City submit this application to the Urban Mass Transit Administration. This grant will enable the City to have adequate operating and capital funds available only if approved by UMTA. The City's local budgeting process will determine how much of the federal and local share will be actually used. Staff recommended approval of the application. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution #3395 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. construction of the Fire Safety -House. RESOLUTION #3396 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to enter into an agreement with the Junior League of Lubbock and West Texas Home Builders to construct and operate a "Fire Safety House" for use in instructing school children in home fire safety procedures; NOW THEREFORE: 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, the Junior League of Lubbock and the West Texas Home Builders Association for the construction and operation of a "Fire Safety House," attached herewith, which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. June 14, 1990 Page 443 Passed by the City Council this I4th day of June, 1990. ATTEST: /s/ Ranette Boyd. Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: ZsL Rita Harmon /s/ Donald G. Vandiver Rita Harman, Assistant City Manager Donald G. Vandiver, First Assistant City Attorney THE STATE OF TEXAS § COUN'rY OF LUBBOCK § COLLABORATIVE CONTRACT This Agreement and Contract is made and entered into by and between THE JUNIOR LEAGUE OF LUBBOCK, INC., a Texas Non -Profit Corporation, hereinafter referred to as "THE LEAGUE" and THE CITY OF LUBBOCK, hereinafter referred to as "THE FIRE DEPARTMENT" and the WEST TEXAS HOME BUILDERS ASSOCIATION, a Texas Non -Profit Corporation, hereinafter referred to as "WEST TEXAS HOME BUILDERS", herein THE FIRE DEPARTMENT sometimes will be referred to as "THE RECIPIENT", all acting herein by and through their duly authorized officers and officials with terms and conditions as follows: WHEREAS, it is in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to establish, create and operate a "Fire Safety House" for the education of school children in fire safety procedures; and WHEREAS, a resolution concerning the "Fire Safety House" and authorizing the entering into of this Agreement and Contract was passed by the 14EST TEXAS HOME BUILDERS on the 9th day of May, I990; and WHEREAS, THE LEAGUE proposes to provide volunteer and financial assistance in the amounts and upon the terms and conditions hereinafter set forth; and NOW, the parties hereby mutually agree that such volunteer and financial assistance shall be provided and accepted upon the following terms and conditions, to -wit: WITNESSETH: 1. Contribution. THE LEAGUE, subject to the contingencies contained herein, shall contribute a total sum of not more than $20,000.00 to THE RECIPIENT to fund the start-up costs associated with the Fire Safety House. This sum will be paid to the City of Lubbock for deposit into a specific account set up for the sole purpose of receiving funds and paying expenses attributable solely to the construction, operation, maintenance and storage of the Fire Safety House. This sum represents the estimated stars: -up costs of the Fire Safety House, being a portion of the costs of construction of the Fire Safety House and materials and equipment in connection with the operation, maintenance and educational aspects of the Fire Safety House. Such construction, however, is contingent upon and subject to the remaining conditions contained in this agreement. The remaining costs of construction of the Fire Safety House will be provided by the FIRE SAFETY HOUSE STEERING COMMITTEE, which shall be composed of representatives of the parties to this agreement and other interested Citizens, by either contributions or donations. THE LEAGUE shall only be June 14, 1990 Page 444 obligated to pay the amount indicated herein, regardless of the actual amount of the start-up costs or construction costs of the Fire Safety House. In June, 1990, representatives from THE LEAGUE and representatives from THE RECIPIENT shall mutually determine the timetable and the procedure THE RECIPIENT is to follow to request funds and the procedure THE LEAGUE is to follow to contribute such funds, and if no such agreement is made, then contributions shall be made at the sole discretion of THE LEAGUE. 2. Conditions for Contribution. It is specifically agreed and understood by and between the parties that THE LEAGUE has agreed to make such contributions of funds and provide such volunteer personnel as herein contemplated strictly upon the following terms and conditions; A. That during the entire one (1) year period, beginning June 1, 1990, and ending May 31, 1991, the FIRE SAFETY HOUSE STEERING COMMITTEE raise the necessary complementary funds or materials from other, sources to pay all bills incurred by them, including, but not limited to, payment of any excess expense not covered by THE LEAGUE'S commitment in order to construct, operate, maintain, and store the Fire Safety House. B. That books of record be maintained by THE RECIPIENT under generally acceptable accounting procedures (GAAP), and THE LEAGUE shall have the right to inspect the same at any and all reasonable times, within normal business hours during the term of this agreement. C. That any use of any party's name for publicity in connection with the Fire Safety House must be approved in advance by that Party's responsible official, which shall be the President for THE LEAGUE and the City Fire Marshal for THE RECIPIENT. But it is understood that all parties may make known its own contributions to the project in whatever public manner it deems appropriate. [}. That the activity or activities of THE RECIPIENT and its employees, in connection with and limited to the construction, operation and maintenance of the Fire Safety House, be performed and conducted in a professional and business -like manner and shall be in keeping with Federal and State laws and regulations and any ordiniances of the City of Lubbock, and/or any other governmental entities which may have jurisdiction over THE RECIPIENT'S construction, operation and maintenance of the Fire Safety House. E. That the Community Vice President of THE LEAGUE will serve as the liaison between THE LEAGUE, THE FIRE DEPARTMENT, the WEST TEXAS HOME BUILDERS and the Fire Safety House Steering Committee and the City Fire Marshal shall perform the same duty for THE RECIPIENT. F. That the Project Appraisal Committee of THE LEAGUE appraise this project according to fiscal accountability, volunteer accountability and program accountability. If in the opinion of the appraisal Committee, the project does not comply with any of these matters, THE LEAGUE may terminate this contract and discontinue all contributions and volunteer personnel called for herein upon thirty (30) days written notice and opportunity to correct the defect to the ether parties hereto. In the event that this agreement should terminate before completion, all parties hereto agree to return all unexpended funds contributed by THE LEAGUE to THE LEAGUE. June 14, 1990 Page 445 G. That one (1) member of THE LEAGUE, a representative of THE RECIPIENT and a representative of WEST TEXAS HOME BUILDERS shall he members of the Steering Committee of the Fire Safety House, which Committee shall he the decision making body for the construction, operation, maintenance and storage of the Fire Safety House. 3. Volunteer Personnel. THE LEAGUE agrees to provide volunteer placement service and volunteer personnel to THE RECIPIENT during the year that contributions and voluntary personnel are contemplated herein by providing the 1990 Provisional League Members for assistance and volunteer placement in the operation of the Fire Safety House. THE LEAGUE shall provide THE RECIPIENT with such volunteer personnel as may he agreed upon between THE LEAGUE and THE RECIPIENT. 4. Indemnification. All parties hereto agree to be responsible for the actions of their own members, agents or employees and to hold the other parties harmless from any damages, claims or liability of any nature whatsoever stemming from their own activities undertaken pursuant to this agreement. 5. Construction _of__Fire_Safety_Nouse. WEST TEXAS HOME BUILDERS, subject to the contingencies contained herein, shall construct the Fire Safety House according to plans and specifications approved by the Fire Department and WEST TEXAS HOME BUILDERS. This obligation to build is subject to all of the contingencies contained in this Agreement and Contract, specifically, but not limited to, the securing by the FIRE SAFETY HOUSE `iTEERING COMMITTEE of all necessary funds and donations in order to complete the construction of the Fire Safety House. Upon the completion of the construction of the Fire Safety House, all obligations of WEST TEXAS HOME BUILDERS under this Agreement and Contract shall cease and terminate and WEST TEXAS HOME BUILDERS shall have no further obligations under this Agreement and Contract. 6. Operation, Maintenance, and Storage of the Fire Safety House. THE RECIPIENT shall he solely in control of the operation, maintenance and storage of the Fire Safety House and the Fire Safety House shall he owned by and belong to THE RECIPIENT. THE LEAGUE shall have no responsibility after the construction of the Fire Safety House for any of its operations, maintenance, or storage. THE LEAGUE shall have no ownership of the Fire Safety House, once it has been constructed. THE RECIPIENT shall he responsible for maintaining the Fire Safety House in good operating conditiion during the term of this agreement and any extensions thereto for the reasonable life span of the Fire Safety House, which in any event shall be not less than ten (10) years. 7. Operations. THE LEAGUE maintains no right to control the details of the construction, operation and maintenance of the Fire Safety House. The right to control the details of the operations of the Fire Safety House remains with THE RECIPIENT. 8. Termination. This agreement shall terminate, at the option of any party hereto, if any of the conditions set out herein shall not be met upon thiirty (30) days written notice and opportunity to correct is given to all other parties. Unless this agreement is sooner terminated as authorized herein, this agreement shall terminate at such time as all monies contemplated hereby have been contributed by THE LEAGUE to THE RECIPIENT as herein provided, and THE LEAGUE placement year has been completed, but this agreement may be extended on a year to year basis by mutual agreement of the parties hereto during the month of May each year hereafter. June 14, 1990 Page 446 9. No Privity of Endeavor. It is specifically agreed that there shall be no privity of endeavor whatsoever between THE LEAGUE and THE FIRE DEPARTMENT and WEST TEXAS HOME BUILDERS and that the sole connection between them is the contribution of money and volunteer placement by THE LEAGUE to THE RECIPIENT under the restricted conditions herein set forth and that such contribution and volunteer placement as stated herein is for the sole purposes as set forth herein, and it shall in no way be construed as a continuing basis of financial support by THE LEAGUE to THE FIRE DEPARTMENT or to WEST TEXAS HOME BUILDERS. 10. Entire Agreement. This instrument constitutes the entire agreement between the parties hereto, and this agreement cannot be altered, changed, or amended in any respect except by an instrument in writing duly executed by both parties. EXECUTED IN MULTIPLE COUNTERPARTS, each of which is an original, this 14th day of June, 1990. THE JUNIOR LEAGUE OF LUBBOCK, INC. BY:ZsZ Cherry Martin Cherry Martin, President ATTEST: /sZ Jamie H. Biggers Jamie Biggers, Treasurer EXECUTED IN MULTIPLE COUNTERPARTS, each of which is an original, this 14th day of June, 1990. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ri t:.a Harmon Rita Harmon, Assistant City Manager ATTEST: s Art. Ceuva Secretary THE CITY OF LUBBOCK BY:Is1 B. C. McMinn B.C. McMinn, Mayor APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney WEST TEXAS HOME BUILDERS ASSOCIATION BY: s Randy Neu ebauer Randy Neugebauer, President June 14, 1990 Page 447 The Junior League approached the Fire Department in January of this year with a proposal to construct a Fire Safety House for the purpose of teaching elementary school children how to escape from a fire in their home. The house would be built on a trailer for transporting to all elementary schools in the City and would be constructed with donated funds and voluntary labor. The Junior League has offered a $20,000 donation to get the project started. At the May 24, 1990 Council meeting, a presentation was made by a member of the League to explain the concept of the proposed Fire Safety House. Instructions from Council were to prepare a Contract for consideration at the June 14 Council meeting to finalize agreements between the Junior League, Home Builders Association, and the City for construction and operation of the house. These agreements were developed and are detailed in the Contract submitted for Council consideration. A recap of the key provisions is as follows: 1) The League will contribute the initial $20,000 for the construction. The West Texas Home Builders will construct the house and the Steering Committee, composed of representatives of the League, the Home Builders, the Fire Marshal's Office and other interested parties, will be responsible for raising the funds or donations for the material, the vehicle, etc. 2) The Agreement is for a one-year period beginning June 1, 1990 and ending May 31, 1991. It can be extended on an annual basis by mutual consent of the parties. 3) Should the Steering Committee not be able to raise the necessary funds, all unexpendable funds will be returned to the Junior League. Excess funds raised over the costs of the initial construction would be retained for operations and maintenance. 4] The League will provide volunteer support for the first year to assist with the scheduling of the presentation. Initially, the target audience is limited to the 3rd grade classes in the elementary schools. Should other schools want to go thru the House, they would be encouraged to visit the House, possibly at a City of Lubbock Fire Department location. 5) The City of Lubbock would be responsible for the storage, operation and maintenance of the House and would be required to make the actual presentations or arrange for a fire trained professional (retiree) to make the presentations. Should the House need repairs, replacement, etc., it would be the responsibility of the City to repair the House and keep it in good operating condition for a minimum of 10 years. June 14, 1990 Page 448 G} The Agreement can be terminated with a 30-day written notice. 7) The League and the City agree to be responsible for the actions of their own members and to hold the other parties harmless from actions arising out of the actions ❑f their own members, i.e., the Fire Department is responsible for its employees actions, but not the actions of the League, etc. Marlin Hamilton, a Fire Inspector, has made several presentations to business groups during which he requested donations and support. Representatives ❑f the Fire Marshal's office, City Manager's Office, Legal Department, the Junior League, the West Texas Home Builders and their legal represen- tatives have met, discussed issues pertinent to the contract, and all recommended the Contract. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3395 as recommended by Staff. Motion carried: 7 Yeas; D Nays. 90-49A--448-315 (30.) Consider Resolution #3397 authorizing the Mayor to sign Change Order #2 with FRU-CON Construction Com an . RESOLUTION #3397 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City ❑f Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 2 to Bid No. 9905 for construction of a 21 Megawatt Cogeneration Unit at Texas Tech University, 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 June, 1990. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Carroll McDonald /s/ Donald G. Vandiver Carroll McDonald, Assistant City Donald G. Vandiver, First Manager, Assistant City Attorney June 14, 1990 Page 449 CHANGE ORDER NO. 2 TO BID NO. 9905 21 MEGAWATT COGENERATION PROJECT TO: FRU-CON Construction Corp. 15933 Clayton Road -West Ballwin, MO. 63011 Gentlemen: WHEREAS, it is desirable to make changes in the contract for this project, being namely the following: Provide a grounding reactor, ground relays and metering changes on the Stewart and Stevenson unit. WHEREAS, expend resources to complete engineering procurement and preparations for installation. The contract amount will be increased $33,914.18 resulting in a new contract amount of $14,889,567.18. THIS AGREEMENT WITNESSETH: The Owner and the Contractor agree to the change shown herein. The Contractor agrees to proceed with expedited fabrication of the quipment in accordance with the plans and specifications. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 14th day of June, 1990. FRU-CON Construction Corp. (Contractor) By:ZsLManfred Lupg Manfred Lupp By:/s/ B. C. McMinn B. C. McMINN, MAYOR RECOMMENDED FOR APPROVAL: s Carroll McDonald Carroll McDonald, Director of Electric Utilities Title: President and CEO CITY OF LUBBOCK (Owner) Attest:/s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Power Projects, in developing the Cogen specifications, failed to specify the generator relaying in such a manner that the Cogen Plant would operate and continue to supply Texas Tech when separated from the system. To comply with the City's Contract with Texas Tech, a reactor needs to be installed on the generator neutral along with metering changes. Engineering and technical assistance for installation will also be supplied in Change Order #2 for $33,914.18. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3397 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. June 14, 1990 Page 454 94-49A-454-316 (31.) Consider Resolution #3398 authorizing the Mayor to si n a Professional Services Contract for engineering services with Fanning, Fanning and Associates Inc. for the development of glans and specifications for HVAC renovations at Municipal Square. RESOLUTION #3398 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City ❑f Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City ❑f Lubbock a Contract by and between the City of Lubbock and Fanning, Fanning & Associates, Inc., for development of plans and specifications for HVAC renovation at Municipal Square, 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 June, 1990. ATTEST: ZsZ R nette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ 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 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the CITY OF LUBBOCK, TEXAS (hereinafter referred t❑ as Owner), and FANNING, FANNING & ASSOCIATES, INC., with principal offices at 2555 74th Street, Lubbock, Texas 79423 (hereinafter referred to as Engineer). WITNESSETH: WHEREAS, Owner intends to renovate the heat ventilating and the air conditioning system at the Municipal Square, 916 Texas, Lubbock, Texas. WHEREAS, Owner requires certain professional services in connection with the Project (hereinafter referred to as Services); and, WHEREAS, Engineer is prepared to provide such Services; WHEREAS, in consideration of the promises contained herein, the parties hereto agree as follows: June 14, 1990 Page 451 ARTICLE I EFFECTIVE DATE The effective date of this Agreement shall be June 15, 1990. ARTICLE 2 SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement; and as described in Engineer's proposal dated April 24, 1990 and the Owner's Request for Proposal RFP #10486, all of which are incorporated by reference as part of the Agreement. ARTICLE 3 COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 4 STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional engineer under similar circumstances and Engineer shall, at no cost to Owner, reperform services which fail to satisfy the foregoing standard of care. ARTICLE 5 LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for actual construction means, methods, techniques, sequences, procedures, or safety precautions and programs used in connection with the Project by construction contractor. Engineer shall assist the Owner in the administering of its construction contracts with any contractor, subcontractor, vendor, or other project participant in order to fulfill contractual or other responsibilities to the Owner or to comply with Federal, State, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. ARTICLE 6 OPINIONS OF CONSTRUCTION COST AND CONSTRUCTION SCHEDULE Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors' or vendors' methods of determining prices, or over competitive bidding or market conditions, 'Engineer's cost estimates shall be made ❑n the basis of qualification and experience as a professional engineer. Since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the basis of qualification and experience as a professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual project costs will not vary from his cost estimates or that actual schedules will not vary from his forecast schedules. June 14, 1990 Page 452 ARTICLE 7 LIABILITY AND INDEMNIFICATION 7.1 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 Engineer agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. Engineer 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 Engineer, or any agent, servant, or employee of Engineer in the execution or performance of this Contract. 7.3 defense of Claims. In the event an action for damages is filed in which negligence is alleged on the part of Owner and Engineer, Engineer agrees to defend Owner. In the event Owner accepts Engineer's defense, Owner agrees to indemnify and reimburse Engineer on a pro rata basis for all expenses of defense. Owner also agrees to indemnify and reimburse Engineer on a pro rata basis for any judgment or amount paid by Engineer in resolution of such claim. Such pro rata share shall be based upon a final judicial determination of negligence or, in the absence of such determina- tion, by mutual agreement. 7.4 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner's employees. 7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer'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: or this Agreement from any cause or causes including but not limited to Engineer's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the minimum amounts regluired by Article 10 of this Agreement. 7.5 Other Project Indemnities. Indemnity provisions shall be incorporated into alll Project contractual arrangements entered into by Owner and shall protect: Owner and Engineer to the same extent. 7.7 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 8 INDEPENDENT CONTRACTOR Engineer 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. Engineer shall work closely with Owner in performing Services under this Agreement. June 14, 1990 Page 453 ARTICLE 9 COMPLIANCE WITH LAWS In performance of the Services, Engineer will comply with applicable regulatory requirements including Federal, State, and local laws, rules, regulations, orders, codes, criteria and standards. Engineer shall possess the licenses necessary to allow Engineer to perform the Engineering Services. Engineer shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE 10 INSURANCE Prior to the time Engineer is entitled to commence any part of the services under this Contract, Engineer 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 twelve (12) certificates of insurance, executed by the insurer, listing coverage and limits;, expiration date and term of policy, and certifying that the insurer is licenses 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. B. Comprehensive General Liability Insurance. The Engineer 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 Explosion and Collapse Hazard Underground Damage Hazard 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 special job, and a copy of the endorsement doing so is to be attached to the Certificate of Insurance. Comprehensive Automobile Liability Insurance. The Engineer shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250,000/$500,000 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 a copy of the endorsement doing so is to be attached to the Certificate of Insurance. June 14, 1990 Page 454 C. Worker's Compensation and Employer's Liability Insurance. As required by State statute covering all employees whether employed by the Engineer 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. Engineer shall furnish owner Certificates of Insurance which shall include a provision that such insurance shall not be cancelled without at least thirty (30) days written notice to Owner. ARTICLE 11 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 12 REUSE OF DOCUMENTS All documents, including drawings, specifications, and computer software, prepared by Engineer 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 Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. ARTICLE 13 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 Engineer. Upon receipt of such notice, the Engineer 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 Engineer shall submit a statement showing in detail the work performed under this Contract to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed fee which applies to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the Owner. The Owner may issue a Stop Work Order to the Engineer at any time. Upon receipt: of such Order, the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the Order otherwise directs. If the Owner does not issue a Restart Order within sixty 1:60) days after receipt by the Engineer of the Stop Work Order, the Engineer shall regard this Contract terminated in accordance with the foregoing provisions. June 14, 1990 Page 455 ARTICLE 14 NONDISCLOSURE OF PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner to be proprietary unless such information is available from public sources. Engineer 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 15 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 Engineer: FANNING, FANNING & ASSOCIATES, INC. 2555 74th Street Lubbock, Texas 79423 To Owner: City of Lubbock City Manager's Office 1625 13th Street, Room 201 Lubbock, Texas 79401 ATTN: Jerry Smith Director of Building Services Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representative of Engineer and Owner. ARTICLE 16 UNCONTROLLABLE FORCES Neither Owner nor Engineer shall be considered to be in default of this Agreement if delays in or 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 or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to fire, 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 Engineer 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 Engineer or Owner• t❑ 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. June 14, 1990 Page 455 ARTICLE 17 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. ARTICLE IS 18.1 Nonwaiver. A waiver by either Owner or Engineer 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 not affect the waiving party's rights with respect to any other or further breach. 18.2 SeverubilitY. 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 provision of the Agreement. Any void provision shall be deemed severed from the Agreement shalt be construed and enforced as if the Agreement did not contain the particular portion or provision 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. ARTICLE 19 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 20 SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other part 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 21 ASSIGNMENT Neither, Owner nor Engineer shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become 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 June 14, 1990 Page 457 the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Engineer from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of the services hereunder. ARTICLE 22 SUBCONTRACTORS No work herein called for by the Engineers shall be subcontracted to a subcontractor who is not acceptable to the Owner or assigned without prior written approval of the Owner. The Engineer shall require subcontracts to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with Owner rules. ARTICLE 23 THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBBOCK /s/ 13. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Jerry Smith Jerry Smith, Director of Building Services APPROVED AS TO FORM: Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney FANNING, FANNING & ASSOCIATES, INC. BY:/s/ William Roberts, P.E. Vice -President ATTEST: /s/ ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to develop plans and specifications for H.V.A.C. renovations at Municipal Square, 916 Texas Avenue. A DESCRIPTION OF SCOPE OF SERVICES The scope of services for the renovation of the heating ventilating and air conditioning system project is as follows. Work will not proceed until Owner has authorized Engineer in writing to proceed. June 14, 1990 Page 458 1. To hold a preliminary design conference. 2. To conduct a site survey of the existing conditions. 3. To complete the site survey report. 4. To complete the preliminary request for proposal preparation & evaluation of the number of contracts required. 5. To hold a design development conference with the Owner. 6. To prepare 100% of the construction documents. 4►. To review the construction documents with the Owner. 8. To attend the prebid conference. 9. To evaluate the response received from the responding bidders. 10. To forumulate the recommendations for the City staff. 11. To attend the preconstruction conference. :12. To conduct project onsite inspections. :13. To conduct project final inspection. 14. To review constrctors final submittal documents. .15. To approve contractors pay request. :16. To furnish the Owner with 1 set of reproducible drawings of the project "as -built" that will become the sole property of the Owner. 117. To conduct a final inspection and provide a punch list of incompleted construction work. 118. To provide the Owner with documentation that all punch list items are completed. ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to develop plans and specifications for H.V.A.C. renovations at Municipal Square, 916 Texas Avenue. COMPENSATION For the services covered by this Contract, the Owner agrees to pay the Engineer as follows: A. For a fixed fee of $39,766.00 with payments scheduled as follows: Completion of site survey report .............. 20% Completion of final construction documents.. .................................. 75% Completion of evaluation of bids .............. 801% Completion of "as built" plans and punch list ................................. 100% June 14, 1990 Page 459 B. For supplemental services, an hourly fee for Engineer's personnel as listed in paragraph E plus reimbursable expenses and subcontract billing at the cost of Engineer. Each item of supplemental services shall be established before the work is started. The amount billed for each item of supplemental services shall not exceed the amount established for it Without further authorization. Additional amounts for supplemental services may be authorized, if necessary, as the work progresses. C. [Hourly fees listed herein for Engineer's personnel services will apply until January 1, 1990 and shall be changed annually on January 1st for the upcoming twelve (12) month period. CLASSIFICATION Engineer - Principal Engineer - Registered Engineer - Graduate Designer - Senior Level Support Personnel Computer Terminal HOURLY BILLING RATE RANGE $60.00/hour $50.00/hour $40.00/hour $30.00/hour $20.00/hour $15.00/hour 1). The following expenses are reimbursable: 1. Travel, subsistence, and incidental costs. 2. Telegraph costs, long distance telephone costs and project "on -site" telephone costs. 3. Postage and shipping charges for project -related materials. 4. Charges of special consultants requested or authorized by the Owner. 5. Special insurance coverage required by the Owner, including the cost of naming the Owner as an additional insured. E. The Engineer 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 Engineer by the Owner based on the Engineer'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. G. The uncontested amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of one- half percent (112%) per month from the billing date, shall be due for accounts which are not paid within sixty (60) days after the billing date. hi. That the Engineer shall start the performance of the services within ten (10) days or receipt of notice to proceed. I. That the Engineer 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. June 14, 1990 Page 460 ATTACHMENT C TO CONTRACT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to develop plans and specifications for H.V.A.C. renovations at Municipal Square, 916 Texas Avenue. OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: .1. All maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the Owner and which may be useful in the work involved under this Contract. 2. Access to public and private property when required in performance of the Engineer's services. 3. The services of at least one of the Owner's employees or staff who has the right of entry to, and who has knowledge of, the existing facilities to aid Engineer in the conduct of field reviews of existing facilities. 4. Property, boundary, easement, right-of-way, and utility surveys and property descriptions. 5. Legal and financial consulting services related to the project. 6. Timely review of project memorandums and draft reports. Owner will review documents and submit comments to Engineer within five (5) working days for project memorandums, and within ten (10) working days for draft reports. On February 8, 1990, the City Council authorized the Staff to negotiate a Professional Services Contract for engineering services for the replacement of the chillers and for a complete survey of the overall condition of the heating, ventilating, and air conditioning system at Municipal Square. On April 24, 1990, Staff received a proposal from Fanning, Fanning and Associates for the work at Municipal Square for a fee of $39,766. This work includes the development of plans and specifications for the replacement of the chillers, a complete survey of the existing HVAC system, development of plans and specifications for the repair or replacement of all air handlers, development of plans and specifications for the repair to the damper controls and a survey of the condition of all duct work. This project will also require the services of an architect for the develop- ment of plans and specifications for structural modifications which are also included in the engineer's fee. Staff recommended approval of this Contract. Motion was made by Councilman Maloy, seconded by Councilwoman Trejo to authorize Resolution #3398 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. June 14, 1990 Page 461 90-49A-461-317 (32.) RESOLUTION #3399 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 Agnew, Storrs & Associates, Inc., for development of plans and specifications for HVAC renovation at Municipal Building, 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 June, 1990. ATTEST: /s/ Ranet a 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 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between the CITY OF LUBBOCK, TEXAS (hereinafter referred to as Owner), and AGNEW, STORRS & ASSOCIATES, INC., with principal offices at 7806 Indiana, Suite 205, Lubbock, Texas 79423 (hereinafter referred to as Engineer). WITNESSETH: WHEREAS, Owner intends to renovate the heat ventilating and the air conditioning system at the Municipal Building, 1625 13th Street, Lubbock, Texas. WHEREAS, Owner requires certain professional services in connection with the Project (hereinafter referred to as the Services); and, WHEREAS, Engineer is prepared to provide such Services; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 EFFECTIVE DATE The effective date of this Agreement shall be June 15, 1990. June 14, 1990 Page 462 ARTICLE 2 SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement; and as described in Engineer's proposal dated March 7, 1990 and the Owner's Request for Proposal RFP 410486, all of which are incorporated by reference as part of the Agreement. ARTICLE 3 COMPENSATION Owner :shall pay Engineer in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 4 STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional engineer unider similar circumstances and Engineer shall, at no cost to Owner, reperform services which fail to satisfy the foregoing standard of care.. ARTICLE 5 LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for actual construction means, methods, techniques, sequences, procedures, or safety precautions and programs used in connection with the Project by construction contractor. Engineer shall assist the Owner in the administering of its construction contracts with any contractor, subcontractor, vendor, or other project participant in order Ito fuilfill contractual or other responsibilities to the Owner or to comply with Federal, State, or local laws, ordinances, regulations, rules, codes, orders, criteria, or standards. ARTICLE 6 OPINIONS OF CONSTRUCTION COST AND CONSTRUCTION SCHEDULE Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors', subcontractors' or vendors' methods of determining prices, or over competitive bidding or market conditions, Engineer's cost estimates shall be made on the basis of qualification and experience as a professional engineer. Since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be made on the basis of qualification and experience as a professional engineer. Engineer cannot and does not guarantee that proposals, bids or actual project costs will not vary from his cost estimates or that actual schedules will not vary from his forecast schedules. June 14, 1990 Page 463 ARTICLE 7 LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promisees included herein, Owner and Engineer agree to allocate such liabilities in accordance with this Article 7. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 7.2 Indemnification. Engineer 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 Engineer, or any agent, servant., or, employee of Engineer in the execution or performance of this Contract. 7.3 Defense of Claims. In the event an action for damages is filed in which negligence is alleged on the part of Owner and Engineer, Engineer agrees to defend Owner. In the event Owner accepts Engineer's defense, Owner agrees to indemnify and reimburse Engineer on a pro rata basis for all expenses of defense. Owner also agrees to indemnify and reimburse Engineer on a pro rata basis for any judgment or amount paid by Engineer in resolution of such claim. Such pro rata share shall be based upon a final judicial determination of negligence or, in the absence of such determina- tion, by mutual agreement. 7.4 Employee Claims. Engineer shall indemnify Owner against legal liability for damages arising out of claims by Engineer's employees. Owner shall indemnify Engineer against legal liability for damages arising out of claims by Owner's employees. 7.5 Limitations of Liability. To the fullest extent permitted by law, Engineer'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 or this Agreement from any cause or causes including but not limited to Engineer's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the minimum amounts, required by Article 10 of this Agreement. 7.6 Other Project Indemnities. Indemnity provisions shall be incorporated into all Project contractual arrangements entered into by Owner and shall protect Owner and Engineer to the same extent. 7.7 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 8 INDEPENDENT CONTRACTOR Engineer 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. Engineer shall work closely with Owner in performing Services under this Agreement. June 14, 1990 Page 464 ARTICLE 9 COMPLIANCE WITH LAWS In performance of the Services, Engineer will comply with applicable regulatory requirements including Federal, State, and local laws, rules, regulations, orders, codes, criteria and standards. Engineer shall possess the licenses necessary to allow Engineer to perform the Engineering Services. Engineer shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE 10 INSURANCE Prior to the time Engineer is entitled to commence any part of the services under this Contract, Engineer 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 evidenced by delivery to Owner of twelve (12) certificates 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. Comprehensive General Liability Insurance. The Engineer 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 Explosion and Collapse Hazard Underground Damage Hazard 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 special job, and a copy of the endorsement doing so is to be attached to the Certificate of Insurance. Comprehensive Automobile Liability Insurance. The Engineer shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250,000/$500,000 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 a copy of the endorsement doing so is to be attached to the Certificate of Insurance. June 14, 1990 Page 465 C. Worker's Compensation and Employer's Liability Insurance. As required by State statute covering all employees whether employed by the Engineer 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 $500,000 per claim. Engineer shall furnish owner Certificates of Insurance which shall include a provision that such insurance shall not be cancelled without at least thirty (30) days written notice to Owner. ARTICLE 11 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 12 REUSE OF DOCUMENTS All documents, including drawings, specifications, and computer software, prepared by Engineer 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 Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. ARTICLE 13 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 Engineer. Upon receipt of such notice, the Engineer 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 Engineer shall submit a statement showing in detail the work performed under this Contract to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed fee which applies to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the Owner. The Owner may issue a Stop Work Order to the Engineer at any time. Upon receipt of such Order, the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the Order other -wise directs. If the Owner does not issue a Restart Order within sixty (66) days after receipt by the Engineer of the Stop Work Order, the Engineer shall regard this Contract terminated in accordance with the foregoing provisions. June 14, 1990 Page 466 ARTICLE 14 NONDISCLOSURE OF PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner to be proprietary unless such information is available from public sources. Engineer 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 15 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 Engineer: AGNEW, STORRS & ASSOCIATES, INC. 3223 S. Loop 289, Suite 424 Lubbock, Texas 79423 'To Owner: City of Lubbock City Manager's Office 1625 13th Street, Room 201 Lubbock, Texas 79401 ATTN: Jerry Smith Director of Building Services Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 16 UNCONTROLLABLE FORCES Neither Owner nor Engineer shall be considered to be in default of this Agreement if delays in or 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 IFunconitrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to fire, 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 Engineer 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 Engineer or Owner to prevent, settle, or otherwise avoid a strike, work slowdown, or other llabor 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. June 14, 1990 Page 467 ARTICLE 17 GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. Any suit broughit to enforce any provision of this Agreement or for construction of any provision thereof shall he brought in Lubbock County, Texas. ARTICLE 18 MISCELLANEOUS 18.1 Nonwaiver. A waiver by either Owner or Engineer ❑f any breach of this Agreement shall not he 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 or further, breach. 18.2 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision ❑f this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall he deemed severed from the Agreement and the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to he void. The parties further agree to reform the Agreement to replace any stricken provisiion with a valid provision that comes as close as possible to the in- tent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is ❑f the essence of the Agreement be determined to he void. ARTICLE 19 INTEGRATION AND MODIFICATION This Agreement represents the entire 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 20 SUCCESSORS AND ASSIGNS Owner and Engineer each hinds itself and its directors, ❑fficers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and t❑ 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 21 ASSIGNMENT Neither, Owner nor Engineer shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become 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 June 14, 1990 Page 468 the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Engineer from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of the services hereunder. ARTICLE 22 SUBCONTRACTORS No work herein called for by the Engineers shall be subcontracted to a subcontractor who is not acceptable to the Owner or assigned without prior written approval of the Owner. The Engineer shall require subcontracts to conform to the applicable terms of this Contract and include provisions which require subcontractor compliance with Owner rules. ARTICLE 23 THIRD PARTY RIGHTS Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Engineer. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF LUBD LIOCK AGNEW, STORRS & ASSOCIATES, INC. /s/ 13. C. McMinn BY:ZsZ Dwayne Agnew B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: //Jerry Smith Jerry Smi thi, Director of Building Services APPROVED AS TO FORM: ,Is/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney ATTEST: ATTACHMENT A TO CONTRACT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to develop plans and specifications for H.V.A.C. renovations at Municipal Building, 1625 I3th Street. A DESCRIPTION OF SCOPE OF SERVICES The scope of services for the renovation of the heating ventilating and air conditiioning system project is as follows. Work will not proceed until Owner has authorized Engineer in writing to proceed. June 14, 1990 Page 469 1. To conduct a site survey of the existing conditions. 2. To hold a design development conference with the Owner. 3. The preparation of the construction documents. 4. The bidding phase services. 5. The review of shop drawings and submittals. 6. The observation of the construction. 71. The participation of the final inspection. Et. The preparation of "as -built" drawings. ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to develop plans and specifications for H.V.A.C. renovations at Municipal Building, 1625 13th Street. COMPENSATION For the services covered by this Contract, the Owner agrees to pay the Engineer as follows: A. For fixed fee of $18,750.00 with payments scheduled as follows: Completion of site survey report............ 20% Completion of final construction documents.... .. . ............ 75% Completion of evaluation of . bids.. ......... 80% Completion -of "as built" plans and punchlist................................ 100% B. For supplemental services, an hourly fee for Engineer's personnel as listed in paragraph E plus reimbursable expenses and subcontract billing at the cost of Engineer. Each item of supplemental services shall be established before the work is started. The amount billed for each item of supplemental services shall not exceed the amount established for it without further authorization. Additional amounts for supplemental services may be authorized, if necessary, as the work progresses. C. Hourly fees listed herein for Engineer's personnel services will apply until January 1, 1990 and shall be changed annually on .January 1st for the upcoming twelve (12) month period. CLASSIFICATION Principal's Time Engineering Personnel Time Design Personnel Time Support Personnel Time HOURLY BILLING RAIE RANGE $60.00/hour $40.00/hour $35.00/hour $20.00/hour June 14, 1990 Page 470 D. The following expenses are reimbursable: 1. Travel, subsistence, and incidental costs. 2. Telegraph costs, long distance telephone costs and project "on -site" telephone costs. 3. Postage and shipping charges for project -related materials. 4. Charges of special consultants requested or authorized by the Owner. 5. Special insurance coverage required by the Owner, including the cost of naming the Owner as an additional insured. f=. The Engineer agrees to use its best efforts to perform the services as defined in Attachment A within the billing limits stated above. I:. Monthly payments shall be made to the Engineer by the Owner based on the Engineer'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. [a. The uncontested amount of each statement shall be due and payable upon receipt by the Owner. Carrying charges of one- half percent (1/2%) per month from the billing date, shall be due for accounts which are not paid within sixty (60) days after the billing date. H. That the Engineer shall start the performance of the services within ten (10) days or receipt of notice to proceed. 11. That the Engineer 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 ENGINEERING SERVICES OWNER: City of Lubbock, Texas PROJECT: Engineering services required to develop plans and specifications for H.V.A.C. renovations at Municipal Building, 1625'13th Street. OWNER'S RESPONSIBILITIES The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items: 1. All maps, drawings, reports, records, audits, annual reports, and other data that are available in the files of the Owner and which may be useful in the work involved under this Contract. 2. Access to public and private property when required in performance of the Engineer's services. 3�. The services of at least one of the Owner's employees or staff who has the right of entry to, and who has knowledge of, the existing facilities to aid Engineer in the conduct of field reviews of existing facilities. June 14, 1990 Page 471 4. Property, boundary, easement, right-of-way, and utility surveys and property descriptions. 5. Legal and financial consulting services related to the project. 6. Timely review of project memorandums and draft reports. Owner will review documents and submit comments to Engineer within five (5) working days for project memorandums, and within ten (10) working days for draft reports. On February 8, 1990, the City Council authorized the Staff to negotiate a Professional Services Contract for engineering services for the replacement of the chillers and a complete survey of the overall condition of the heating, ventilating, and air conditioning system at the City Hall building. On March 7, 1990, Staff received a proposal from Agnew Storrs and Associates, Inc. for the work to be performed at the Municipal Building for a fee of $18,750 (or approximately 7.5% of the budget). The work at the City Hall building includes the development of plans and specifications for the replacement of the chillers, a complete survey of the condition of the HVAC system, and development of plans and specifi- cations for the installation of an additional cooling tower. Als❑ included are the services of an architect who is to make structural modifications for the removal and reinstallation of the chillers. Staff recommended approval of this Contract. Motion was made by Councilman Maloy, seconded by Councilwoman Trejo to authorize Resolution #3399 as recommended by Staff. Motion carried: 7 Yeas; D Nays. 90-49A-471-318 (34.) BID #10685--Miscellaneous Electrical Utilities Items (Central warehouse). Central Moloney, Dallas--400 ea. 1000 watt photo electric control; 50 ea. enclosed bottom reflector/refractor assembly. Nelson Electric Supply--50 ea. 477-4/0 alum. connector. Southwestern Electric Supply--50 ea. in -line fuse holder. Cummins Supply, Amarillo--24 ea. 1/0 short splice kit. American Electric, Inc., Amarillo--60 ea. load break bushing. Techline, Inc., Amarillo--300 ea. 5/8 X 8' ground rod. Graybar Electric Co., Inc., Amarillo--6 ea. oil switch 20 AMP 7620V; 100 ea. 10" cable rack hook. Temple, Inc.--300 ea. #4 Triplex splicing sleeves; 250 ea. screw type wireholder; 300 ea. #6-1/10 hot line strain clamps; 750 ea. 1/2"X8' wood moulding; 18 ea. metal sectional cabinets. June 14, 1990 Page 472 Nunn Electric Corp.--150 ea. 4" 5 deg. angle coupling; 100 ea. 24 Cross plate anchor. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-472-319 (35.) BID #10677--Cast Iron Fittings _(Water Treatment). Big Country Waterworks Supply, Inc., Early--14 ea. 6"X52" DI pipe flange x thread; 28 ea. 6"X24" DI pipe flange x flange. Rohan Co., Waco--28 ea. 3"X47-1/2" DI pipe flange x flange; 170 ea. 6" flange bolt & gasket kit; 85 ea. 4" flange bolt & gasket kit; 115 ea. 3" flange bolt & gasket kit; 85 ea. 2" flange bolt & gasket kit. Clowe & Cowan--14 ea. 6" flanges for DI pipe; 14 ea. 6" short body flanged tee; 28 ea. 4"X2" short body flanged tee; 28 ea. 3"X2" short body flanged tee; 28 ea. 6"X2" short body flanged tee; 28 ea. 6" 90 deg. short body flanged ELL; 28 ea. 6"X4" concentric short body flanged reducer; 28 ea. 4"X3 concentric short body flanged reducer; 28 ea. 3" blind flange; 28 ea. 6"X92" DI pipe flange x flange; 28 ea. 4"X136-1/2" DI pipe flange x flange; 28 ea. 3"X141" DI pipe flange x flange. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A--472-320 (36.) BID #10654--Irrigation Heads (Parks and Recreation.)_ Western Industrial Supply--600 ea. TORO 644-02-40; 325 ea. TORO 642-02-40; 600 ea. TORO 544-02-41; 325 ea. TORO 542-02-41. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 90-49A-.472-321 (37.) BID #10701--Annual Pricing for Asphalt (Street Department). Elf Asphalt--30,000 gal. asphalt MS-13% latex; 150,000 gal. asphalt MS-23% latex; 10,000 gal. asphalt R5-23% latex; 10,000 gal. asphalt M5-1; 5,000 gal. asphalt M5- 2; 5,000 gal. asphalt R5-2. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. June 14, 1990 Page 473 90-49A-473-322 (38.) BID #10746--Natural Gas Boiler Fuel, and authorize same (Electric Production). RESOLUTION #3400 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 Adobe Gas Pipeline Company for natural gas (boiler fuel, 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 June, 1990. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ R e e Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene ds Gene Eads, Purchasing Manager CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney THIS AGREEMENT, made and entered into this 14th day of June, 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 Adobe Gas Pipeline Company of the City of Midland, County of Midland, 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. 10746 - NATURAL GAS BOILER FUEL FOR THE AMOUNT OF: DUNE--$1.77, JULY--$1.65, AUGUST--$1.90, SEPTEMBER--$1.90. 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 June 14, 1990 Page 474 substantially complete same within the time specified in the contract documents. The OryNER 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) /sJ Ranette Boyd City Secretary APPROVED AS TO CONTENT: IsL Gene Eads Gene Eads, Purchasing Manager COMPLETE ADDRESS: Power Tex Joint Venture Adobe Gas Pipeline Company 300 W. Texas, Suite 1100 Midland, Texas 79701 Isj B. C. McMinn__ B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Harold Willard Harald Willard, Assistant City ADOBE GAS PIPELINE COMPANY CONTRACTOR By: 151 TITLE: President ATTEST: 5 Secretary Adobe Gas Pipeline Co., Midland--Approx. 30,000 MCF natural gas boiler fuel. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3400. Motion carried: 7 Yeas; 0 Nays. 90-49A--474-323 (39.) BID #10649--Police Vehicle Stripe Removal (Central Garage). Lubbock Body Works-43 ea. removal of stripes from police vehicles. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. June 14, 1990 Page 475 90-49A-475-324 (40.) BID #10703--Miscellaneous Water Utilities Items (Central Warehouse). Western Industrial Supply--6 ea. hose nozzle. Rohan Co., Waco--6 ea. hydrant coupling; 1,000' 4" DI pipe. Morrison Supply Co.--4 ea. 6X6 MJ tapping sleeve. Clowe & Cowan--100 ea. 24" manhole lid; 100 ea. 24" manhole rings; 50 ea. 1X1X1D meter resetter. Fields & Co.--2,040' 3/4" Type K copper pipe. Moore Supply Co.--25 ea. 2Xlcc service clamp; 10 ea. 3 MT flexible coupling; 45 ea. 6" CI dresser coupling. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; D Nays. 90-49A-475-325 (41.) BID #10689--Wire Conduit and Fittings (Central Warehouse). Southwestern Electric Supply--300 ea. 1-1/4 locknut; 3,000' #12 THHN copper wire, solid, black; 1,000' #12 THHN copper wire, solid, yellow; 1,000' #8 THHN copper wire, stranded, black; 1,000' #8 THHN, copper wire, stranded, write. Nunn Electric Supply Carp.--5 ea. FRS-150 fuses; 70 ea. 4' 10-12 heat shrink tubing; 50 ea. 1" rigid threaded 90 D ELL. Temple, Inc.--2,000 ea. 3/4" electrical tape; 1,200 ea. 2" rigid conduit. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; C Nays. 90-49A-475-326 (42.) BID #10700--Annual Pricing for Caliche (Street Department). Butler Construction--3,000 ton crushed caliche. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. (33.) Hold an Executive Session to discuss land acquisition regarding Solid Waste and Right -of -Way. June 14, 1990 Page 476 (43.) Hold an Executive Session for the Vurgoses of discussing ersonnel matters regarding appointments to: SPAG Board of Directors Building Board of Appeals Transit Advisory Board Electric Utility Board Private Industry Council 90-49A--476-327 (44.) Consider one appointment to the 5 AG Board of Directors to replace George Car enter. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint M. J. Aderton to the SPAG Board of Directors. Motion carried: 6 Yeas; 0 Nays -- Councilman Aderton absent from the Council Chambers. 90-49A--476-32B (45.) Consider four appointments to the Building Board of Appeals. The terms of Edward Lampe, Roger Thornley, Aubrey Faulkner, and Tom Ferguson will expire on June 1 , _ 1_990. Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Edward Lampe, Roger Thornley, and Tom Ferguson and to appoint Sam Law to replace Aubrey Faulkner on the Building Board of Appeals. Motion carried: 6 Yeas; 0 Nays --Councilman Aderton absent from the Council Chambers. 90-49A--476-329 (46.) Consider three appointments to the Transit Advisory Board. The terms of Paul Berlanga, Bill Miller, and Rev. D.A. Smith will expire on June 24,_1990. Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Rev. D. A. Smith and to appoint Steve Sexton and Rose Mediano to replace Paul Berlanga and Bill Miller on the Transit Advisory Board. Motion carried: 6 Yeas; 0 Nays --Councilman Aderton absent from the Council Chambers. 90-49A-476-330 (47.) Consider two appointments to the Electric Utility_ Board. The terms of Greg Jones and Joe A. Norris will expire on June 30,_1 990. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to reappoint Greg Jones and appoint Adam Lara to replace Joe A. Norris on the Electric Utility Board. Motion carried: 7 Yeas; 0 Nays. June 14, 1990 Page 477 90-49A-477-331 (48.) Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to reappoint Michael Martinez, Louis Earl, James Latimer, Carl Luckenbach, Dirk Parks, and Ryan Provenzano and to appoint Pete West and Yolanda Jimenez to replace Eddie Horn and Gene Valentini on the Private Industry Council. Motion carried: 7 Yeas; O Hays. There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to adjourn the meeting at 11:47 a.m. Motion carried: 7 Yeas; O Nays. Ze r B. C. Mc N, MAYOR Rane to Boyd, City Secr a READ AND APPROVED THIS 28TH DAY OF JUNE, 1990. O � c '- "'��B—C.(—McMTNN, MAYOR T; Rane to Boyd, City Sec ary SECOND READING ORDINANCES 1ORDINANCE NO.9368 AN ORDINANCE ABANDOW ING AND CLOSING A STORM WATER STORAGE AND DRAIN- AGE EASEMENT LOCATED IN SECTION 11, BLOCK E-2. LUB- BOCK COUNTY. TEXAS, AND MORE PARTICULARLY DE- SCRIBED $N THE BODYOF THIS ORDINANCE; DIRECTING THE, CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDON- MENT AND CLOSING: PROVID• ING A SAVINGS CLAUSE: ANO PROVIDING FOR PUBLICA- TION. I ORDINANCE NO.9UT AN ORDINANCE AMEND- ING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2646; A ZONING CHANGE FROM A-1 TO AM ZONING ON LOTS 1.24. BLOCK 4, C.C. LEFTWICH ADDI- TION, LUBBOCK. TEXAS; SUB- J ECT TO CONDITIONS: PROV I D- ING A PENALTY; PROV101NG A SAVINGS CLAUSE AND PROVID- ING FOR PUBLICATION. R477 R-477 ",XAS i+0a Y"Wenry a Notary Public in and for Lubbock County, Texas on this day I T.J. A u f i ] 1 , Account Manager of the Southwestern Newspa- ublishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly td say that said newspaper has been published continuously for more than fitly -two weeks pri- Ionofthis legal not ice o.797C; 9 A _ at Lubbock County, Texas and the attached print- g a I notice •s a true copy of the original and was printed in the Lubbock n the following dates: J ne 16, 239 19 9 a do-wa V\_"� NOTARY PUPLIP in and faillie, hate/% T My Commis xpirea........11.........''33 CHE-JOURNAL �aper Corporation ; TONYA HENRY Notary PtIbiic + rri STATE OF TEXAS Subscribed and sworn to before me this 29 day of J a n u a r v ,' °} a�geA„ W Nft 19 19-A FORM a8-10 ger