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Home My WebLink AboutMinutes - City Council - Regular - 7/12/1990CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JULY 12, 1990 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of July, 1990 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Playor B. C. McMinn, 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. Absent: Mayor Pro Tem Joan Baker. Mayor McMinn called the meeting to order at 10:00 A.M. [ l.j The Invocation was given by City Manager Larry J. Cunningham. { 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. t 3.;j Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve the Minutes of the June 28, 1990 Regular City Council meeting as written. Motion carried: 6 Yeas; 0 Nays. ( 4.) Board Appointments. 90-49B.-524-362 5.) ORDINANCE #9365--Revising seed limits on 82nd Street between University Avenue and Frankford Avenue. ORDINANCE #9365 AN ORDINANCE TEMPORARILY ALTERING THE PRIMA FACIE SPEED LIMIT ON CERTAIN PORTIONS OF 82ND STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR APPLICATION OF THIS ORDINANCE ONLY TO THE STREETS OR HIGHWAYS NAMED HEREIN AND MAKING IT CUMULATIVE; DIRECTING PLACEM17NT OF SIGNS`WITH RESPECT THERETO; PROVIDING FOR EXPIRATION OF THIS ORDINANCE 90 DAYS AFTER ITS EFFECTIVE DATE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9365 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 90-49B-.524-363 6.) Consider Resolution #3414 accepting street paving. improvements constructed by -West Texas Paving, Inc. in Preston Hills Addition Lots 1-56 86th Street from Dover Avenue to Frankford Avenue). July 12, 1990 Page 525 RESOLUTION #3414 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Lots 1-56, Preston Hills Addition made arrangements with West Texas Paving, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition including the following streets: The East 1/2 of Frankford Avenue from its intersection with the North end of radius of the Alley South of 86th Street to its intersection with the North end of radius of the alley North of 86th Street and designated as New Subdivision Sub -Unit Number 27 of Unit Number 2034. 86th Street from its intersection with the East lip line of Frankford Avenue to its intersection with the West end of the radius of Dover Avenue known and designated as New Subdivision Sub -Unit Number 23 of Unit Number 2034. Englewood Avenue from its intersection with the North lip line of 86th Street to its intersection with the North end of radius of the alley, North of 86th Street known and designated as New Subdivision Sub -Unit Number 24 of Unit Number 2034. Englewood Avenue from its intersection with the North end of radius of the alley South of 86th Street to its intersection with the South lip line of 86th Street known and designated as New Subdivision Sub - Unit Number 25 of Unit Number 2034. Alley, return on the West side ❑f Dover Avenue between 85th and 86th Streets known and designated as New Subdivision Sub -Unit Number 25 of Unit Number 2034. WHEREAS, the construction ❑f the above improvements ❑n the above - mentioned streets were performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and -in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above - mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the owner of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 12th day of July, 1990. ATTEST: Is1 Fa et d Ranet:te Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Larry D. Hertel Larry D. Hertel, City Engineer ESTIMATE FILED WITH RESOLUTION /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney July 12, 1990 Page 528 90-49B-528-365 ( 8•) RESOLUTION #3 i166 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the Cover (Title) Sheet for the Plans as prepared by the Texas Department of Highways and (Public Transportation for SH 114 (19th Street) widening and rehabilita- tion from Milwaukee Avenue to Quaker Avenue in Lubbock, Texas, being Fed- eral Project No. FR 1137(3). Passed by the City Council this 12th day of July, 1990. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Lar��. Hertel Larry D. Hertel, City Engineer COVER SHEET FILED WITH RESOLUTION 90-49B-528-366 ( 9 . )M /s/ B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney The Highway Department is performing the design and providing for construction on this State Highway project at no cost to the City. The State proposes to reconstruct all existing roadway and widen narrow portions of 19th Street to provide a consistent T-2 thoroughfare facility for the length of the project. The existing roadway has seven lanes from Quaker to Raleigh, five lanes from Raleigh to Chicago, seven lanes from Chicago to Loop 289 and five lanes from Loop 289 to Milwaukee. The proposed roadway will have three through lanes in each direction with a continuous left -turn lane for a total of seven lanes. The Highway Department is proposing to install sidewalks the length of the project and to replace affected trees in the construction area, and no additional right-of-way acquisition is required. The State plans to bid this project in October, 1990, at an estimated cost of $4.3 million, and completion of construction is estimated for September, 1992. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to authorize Resolution #3416 as recommended by Staff. Motion carried: 6 Yeas; D Nays. July 12, 1990 Page 529 RESOLUTION #3417 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 Street Use License Agreement between the City of Lubbock and J. R. Austin and Doug Corley, 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 12th day of July, 1990. ATTEST: Zsl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Buc Ed Bucy, Right -of -Way Agent THE STATE OF TEXAS COUNTY OF LUBBOCK s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zs/ Harold Willard Harold Willard, Assistant City Attorney STREET USE LICENSE This indenture made this 12th day of July, 1990, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and J. R. AUSTIN and COUG CORLEY, Lubbock County, Texas, hereinafter called "LICENSEES." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEES, the right, privilege and license to use portions of dedicated streets, to -wit: TRACT 1 BEGINNING at the Southeast corner of Lot 65, Terra Estates II Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 56.00 feet; THENCE West a distance of 2.00 feet; THENCE North a distance of 56.00 feet; THENCE East a distance of 2.00 feet to the POINT OF BEGINNING. Tract 2 BEGINNING at the Southeast corner of Lot 65, Terra Estates II Addition to the City of Lubbock, Lubbock County, Texas; THENCE East a distance of 56.00 feet; THENCE North a distance of 2.00 feet; THENCE West a distance of 56.00 feet; THENCE South a distance of 2.00 feet to the POINT OF BEGINNING. July 12, 1990 Page 530 The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of temrination to the other party before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license, with or without cause, upon notice to LICENSEES. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEES at 8104 West 19th Street, Lubbock, Texas, 79407, or the last known adress of LICENSEES. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of this license by the LICENSEES, the improvements that are permitted under this license shall be removed by the LICENSEES and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEES fail or refuse to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEES, for which LICENSEES shall be liable. 1. Since LICENSEES are the dedicators of the streets herein concerned, no charge for the use ❑f said streets shall be made by the CITY OF LUBBOCK in connection with this license. 2. The LICENSEES agree to pay all costs arising out of the exercise of this license herein granted including, but not limited to, the replacement and repair ❑f paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the license. 3. In the event the CITY OF LUBBOCK determines that the license herein granted interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary ❑r storm sewer line constructed) or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEES agree to reimburse the CITY OF LUBBOCK or such utility, as the case! may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEES' use herein. 4. This license is not transferable by the LICENSEES or either LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEES exercise any right under this license and prepare or begin or complete any part ❑f the construction as herein contemplated across any or all of the above described property, then and in that event said LICENSEES, their heirs, successors and assigns will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law ❑r in equity ❑f whatsoever kind ❑r nature which may grow out of or be related to the making of this license or the construction or maintenance use permitted herein. The CITY OF LUBBOCK, at is option, may require an agreement with any contractors hired by LICENSEES to perform the construction, repair ❑r maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing ❑ut of the performance ❑f the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permiitted herein, to furnish, without expense to the CITY OF LUBBOCK, reliable surety bond, in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEES prior to incurring any costs or expenses or the payment of any such claims ❑r demands in order t❑ give LICENSEES a reasonable opportunity to settle or adjust the same. July 12, 1990 Page 531 6. LICENSEES agree and are required to furnish a policy of public liability and property damage insurance within limits specified by and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the heirs, successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEES, their heirs, successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). S. LICENSEES, by the acceptance of the uses permitted herein, understand and agree that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEES waive any and all claims in and to the public way they are permitted to use hereby and agree to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: IsZ IRanette Boyd Ranette Boyd, City Secretary AGREED TO AND ACCEPTED THIS 12TH DAY OF JULY, 1990. LICENSEES: J. R. AUSTIN DOUG CORLEY APPROVED AS TO CONTENT: 1s1 Ed Buc Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Is1 Harold Willard Harolld Willard, Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said Country, Texas, on this day personally appeared B. C. McMINN, MAYOR, known t❑ me t❑ be the person whose name is subscribed t❑ the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 12TH DAY OF JULY, 1990 Is1 Lovnita M. Ingalls Notary Public in and for the State of Texas July 12, 1990 Page 532 This Resolution authorizes the Mayor to sign a Street Use License for two irrigation line crossings in Terra Estates II Addition, located north of 19th Street and west of Milwaukee Avenue. This addition was platted and developed into 45 lots by J.R. Austin and Doug Corley, the majority of which they own and which remain vacant. Because this area is planted and must have water, it is necessary that their lines cross 13th Street north to south (Tract 1) and Monticello Avenue east to west (Tract 2). The portion of 13th Street west of Monticello Avenue will be crossed with a small surface pipe which will be covered with paving asphalt to facilitate the crossing of traffic. On Tract 2, a subsurface pipe will cross Monticello Avenue to irrigate the lots to the east and when these lots are developed, the irrigation lines will be removed at the owner's expense. Since the developers were the original dedicators, no yearly charge will be made to them, the $150 application fee has been paid, and the Right -Of -Way Department recommended issuance of this License. Motion was made by Councilman Aderton, seconded by Councilman Patterson to authorize Resolution #3417 as recommended by Staff. Motion carried: 5 Yeas; 0 Hays. 90-49B-532-367 (10.} Consider Resolution #3418 authorizing the Mayor to si n a Contract with Texas Tech University for campus bus service. RESOLUTION #341$ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for bus service on the campus of Texas Tech University at Lubbock, Texas, and City Transit Management Company, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this resolution as if fully copied herein in detail. Passed by the City Council this 12th day of July, 1990. ATTEST: s anette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry Hoffman, Director of Transportation AGREEMENT /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney The Agreement, made and entered into this 12th day of July, 1990, by and between CITY TRANSIT MANAGEMENT COMPANY, INC. (hereinafter referred to as the "Company"), TEXAS TECH UNIVERSITY AND TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER at Lubbock, Texas (hereinafter referred to as the "University"), and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation (hereinafter referred to as the "City"). July 12, 1990 Page 533 WITNESSETH: WHEREAS, the parties hereto are aware of the traffic and parking problems on the campus of the University as it relates to the expanding campus and the increasing number of students, staff, and faculty of the University; and WHEREAS, the above named parties are desirous of relieving some of the traffic congestion and expediting transit between areas in and immediately adjacent to said University campus; and WHEREAS, Company and City have entered into a management agreement dated September 22, 1988, in which City is obligated to provide all capital assets for the operation ❑f the public transportation services in and around the City of Lubbock, including the services provided under the Agreement; and WHEREAS, the Agreement embodies the intention and resolution of the above named parties: NOW, THEREFORE WITNESSETH THIS AGREEMENT: Term It is agreed and understood by and between the parties hereto that a University bus service utilizing approximately nine (9) buses will be provided by Company during the period beginning with August 27, 1990, and terminating on August 31, 1992, provided, however, that either Company or University may terminate said bus service upon thirty (30) days' written notice delivered to the other by registered mail. II. Bus Operations With respect to bus operations, Company and University agree that the following conditions shall apply: A. Company will furnish buses having a seating capacity (Manufacture rated) of not less than 37 with driver -operated front and side doors. The Company will provide the necessary personnel to service the route or routes designated by the University during the period specified in the preceding Paragraph I of this Agreement. The number of buses and the operating periods will be subect to continuous review, and the University will advise Company with regard to its needs and with respect to any changes in the number of buses and/or operating periods; subject to equipment availability, said changes shall be instituted by Company within five (5) days after receipt of written notice from University. Initial service, commencing on August 27, 11990, shall be on a schedule provided by the University prior to that (late. B. In the event: that it develops during any portion of the period first specified in Paragraph I hereinabove, that a change in or extension of a route, removal of a route, or addition of a new route is necessary or desirable, Company shall make such changes or extensions of a route or routes, shall remove a route, or shall add a new route upon University's request. The changes to be made by Company, therefore, shall be upon the basis, and shall be subject to the conditions and limitations, as are set forth in Subparagraph E of this Paragraph hereinbelow. Also, in the event it develops during said period that an additional bus or buses are required in order to meet the demand for said bus service during any operating period or periods, Company, if it is able to provide same, at the University's written request, shall provide such additional bus or buses for said service during said operating period or periods upon the same basis, as is set forth hereinabove. University shall have the right to July 12, 1990 Page 534 terminate any such changes, extensions, or new routes upon five (5) days' written notice to the Company. C. Buses shall stop to receive or discharge the passengers entitled to use, and using, bus service at such points as shall be agreed upon from time to time during said periods, between Company and University, and University will identify the points at which stops will be made by said buses. Acceptable markers will be provided by the Company. D. Company will exercise due diligence to adhere to the time schedules hereinabove referred to, but minor deviations therefrom due to variations in traffic, weather or load conditions shall not be deemed t❑ be a default hereunder. E. Company shall not collect fares from its passengers, but shall charge University for providing said bus service the sum of Twenty -Eight and no/100 Dollars ($28.00) per hour base rate for each bus used in said service, which charge shall be adjusted each month to reflect any mange above or below the monthly average of the actual price paid per gallon of fuel in that month by Company on a base figure of $1.05 per gallon. The adjustments shall be based on fuel consumption of 2.5 gallons per hour of operations per vehicle and shall be accomplished according to the following formula: Adjusted Hourly Rate per Vehicle = Base Rate + (2.5 x Fuel Cost Above $1.05 per Gallon) OR Adjusted Hourly Rate per Vehicle = Base Rate - (2.5 x Fuel Cost Below $1.05 per Gallon) Company shall submit an invoice at the end of each month showing the amount due for service provided. Contemporaneously therewith, Company will present University with a billing at the close of operations on the last day of each month. Such bill to be paid as promptly as passible in usual course of University business. The Company will provide income and expense statement at the end of contract period. Supplement Bus Service In addition to the scheduled bus service over specified routes as provided for in Paragraph II hereinabove, Company shall furnish such other supplemental service, if equipment is available, for the transportation of such special groups as may be designated by University. Such supplemental service shall be furnished by Company at any time during the hours from 7:00 a.m. to 11:30 p.m., upon receipt of three (3) days' written notice from University. Company will charge University for providing said supplemental service the sum specified in Subparagraph E of Paragraph II hereinabove, for each bus used in said service. Billing periods and reports of operation shall be submitted in accordance with the provisions of Subparagraph E of Paragraph II hereinabove, and subject to Paragraph II, Subparagraphs A and B. IV. Publicity University will undertake and conduct a program designed to publicize the existence of said bus service and to acquaint its staff members and students with the availability of the same during the period in which it is provided in accordance with and under the Agreement. The Company will provide appropriate timetables for the convenience of students. The Company will also provide students with wallet sized campus maps and place July 12, 1990 Page 535 and advertisement in the University Daily at the beginning of the Fall Semester. V. Service Provided Company will provide and use at all times, buses that are in good and safe mechanical condition, and are also in reasonably clean condition, and will also provide competent and duly licensed drivers by whom said buses shall be driven, and Company will assume full and complete responsibility for the condition ❑f said buses and the qualifications and competence ❑f their drivers at all times, and University assumes no obligations whatsoever for either of the same. VI. independent Contractor Relationship In providing and furnishing said bus service during the term hereof, Company shall act solely in the capacity of and as an independent contractor, and not as an agent or employee ❑f University, and University shall have no control over Company's operations in connection with providing said service except as hereinabove provided and University shall have no control ❑r supervision whatever over the drivers of the buses used in said service who shall be employed by Company. Said drivers shall not constitute agents or employees ❑f University, and shall be subject solely t❑ Company's supervision and control. VII Insurance and Risk A. It is recognized by the parties hereto that Company and the City of Lubbock, Texas, have entered into an Agreement for the purpose ❑f Company providing transportation services in and around the City ❑f Lubbock, including t❑ the University. That under said Agreement, the Company carries and keeps in force an insurance policy insuring both City and Company against liability for personal injury or property damages arising out of the operation ❑f said bus services and that the services provided herein are also conducted pursuant t❑ the Agreement between the City ❑f Lubbock and Company. At all times during which Company shall provide the bus services mentioned herein and upon the above and foregoing terms and conditions, University shall be protected under Company's insurance coverage against liability and personal injuries or personal damages arising out of the operation of said bus service t❑ the extent of at least $100,000 for personal injury t❑ any one person, $300,000 for each occurrence, and $50,000 for property damages sustained in any accident ❑r occurrence arising out ❑f the operation of said bus service and the University shall be furnished a certificate of Company's insurer showing coverage t❑ be at least in the sums just stated. Said insurance policy shall name and include "The Board ❑f Regents of Texas Tech University" as named insured. Said policy or policies shall, upon request, be subject to the examination and approval of University. B. Company, as named insured, assumes, to the extent of the insurance coverage maintained, the risk of service operation and University shall not be liable for damage to any and all buses ❑r other Company property used in the bus service operation regardless ❑f the cause thereof. T❑ the extent ❑f the proceeds ❑f such insurance, the University shall be reimbursed for any damage ❑r injury to University property arising out ❑f or resulting from the said bus service operation except that n❑ such reimbursement shall be made for (1) damage t❑ pavement by normal operation ❑f buses, ❑r (2) any damage ❑r injury caused by acts ❑r omissions over which Company, its employees, or agents had n❑ control. July 12, 1990 Page 536 VIII. Maintenance Company agrees to maintain and operate said bus service and the buses used in providing the same in a safe, efficient and lawful manner and, in so doing, shall comply with all applicable statutes, municipal ordinances, and traffic rules and regulations promulgated by the University. IX. Miscellaneous A. It is further agree that this Agreement is made solely for the benefit of University and Company, that it is not made for the benefit of any third person, whether a staff member or student of University, or otherwise, and that no action or defense may be founded upon this Agreement except by the parties signatory hereto. B. In no event shall the Company be deemed to be in default of any provision of this Agreement for failure to perform where such failure is due solely to strikes, walkouts, civil insurrections or disorders, acts of God, or for any ❑ther cause or causes wholly beyond the control of the Company. In such eventuality, the University may, upon twelve (12) hours' notice to the Company, request the temporary suspension of bus service until the resumption of normal class schedules, in which event the Company will not furnish buses or be paid for services until the resumption of service. The University shall, in such cases, notify the Company twelve (12) hours in advance of the time service is to be resumed. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed in their respective names and behalf by their duly authorized officers and agents and their respective seals to be hereunto affixed, all as of the 12th day of July, 1990. TEXAS TECH UNIVERSITY Dr. Robert W. Lawless, President Date: REVIEW17D FOR FISCAL IMPLICATIONS Chief Fiscal Officer Date: REVIEWED FOR FORM TEXAS TECH UNIVERSITY General Counsel Date: CITY TRANSIT MANAGEMENT CO., INC. Is1 John L. Wilson John L. Wilson, Vice -President ACKNOWLEDGED AND AGREED TO CITY OF LUBBOCK Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO CONTENT: Is/ Larry V. Hoffman Larry Hoffman, Director of Transportation APPROVED AS TO FORM: Is/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney ATTEST: Is1 Ranette Bovd Ranette Boyd, City Secretary July 12, 1990 Page 537 90-419B-537-358 (11.) This Contract with Texas Tech University for transit services is for a two-year period beginning August 27, 1990 and ending August 31, 1992. Contract cost will be $28 for each bus hour with fuel cost adjustment below ❑r above $1.05 a gallon. (The current contract's base rate is $28 per bus hour.) Texas Tech University has redesigned their system adding an additional bus to the service. Due to the additional bus, it was Staff's recommendation that a rate increase is not justified at this time. The City of Lubbock receives an equal amount from the Urban Mass Transportation Administration for each dollar collected from the Texas Tech University Contract. The additional funds are used to pay system expense; ❑therwise, they would have to be paid by the City. Therefore, the City will receive an additional $327,900 to be used to offset City costs. The 1989-90 Contract was approximately $281,129, and the 1990-91 Contract is approximately $327,900. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Patterson to authorize Resolution #3418 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #3419 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor ❑f the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Special Services Contract by and between the City of Lubbock and Hicks & Ragland Engineering Co., Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of July, 1990. ATTEST: I sL iRanette Boyd Ranet:te Boyd, City Secretary APPROVED AS TO CONTENT: IsL Bill Payne Bill Payne, Director of Communications /sj B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney SPECIAL SERVICES CONTRACT CITY OF LUBBOCK COMMUNICATIONS SYSTEMS ENGINEERING STUDY AGREEMENT made as of July 12, 1990, between CITY OF LUBBOCK (hereinafter called the "Owner") and HICKS & RAGLAND ENGINEERING CO., INC. (hereinafter called the "Engineer"). July 12, 1990 Page 538 NOW, THEREFORE, in consideration of the mutual understanding herein contained, the parties hereto agree as follows: ARTICLE I General The Engineer shall render diligently and competently the engineering services described in Article II, upon the terms and conditions herein stated. ARTICLE II Services 'The Engineer will perform the following services, in an expeditious manner: Section 1 Description of Work A. Phase I 1. The evaluation of existing telephone facilities, radio systems, Computer Aided Dispatch software and related elements used for communications in City operations. 2. To provide recommendations for improvements as required to update elements of the system, including a breakdown of cost estimates for the recommendations. 3. it is anticipated that the man-hours required to complete work required in Phase I are as follows: CAD - 112 Hours Radio System - 330 Hours Telephone Facilities - 296 Hours Clerical/Drafting - 188 Hours B. Phase II .1. The development of plans, specifications, and bid documents. 2. The radio frequency coordination, application for licensing with the Federal Communication Commission and related tasks for system construction, installation, and operations. 3. Assistance with the evaluation of response(s) received from the request(s) for proposals/quotations distributed for equipment and services required to update systems. 4. The results of the study in Phase I will further define the scope of Phase II. C. Phase III 1. Inspection of construction, installation, and testing as required to ensure compliance with the plans, specifications, and bid documents. rp. The results of the study in Phase I will further define the scope of Phase III. D. Related Issues 11. Provide technical assistance to the City on communication issues as requested by the City. July 12, 1990 Page 539 Section 2 - Property of Owner It is agreed without limiting the generalty of the foregoing, that all drawings, designs, specifications and other incidental engineering work or materials, furnished by the Engineer hereunder shall be and remain the property of the Owner. All services to be rendered hereunder shall be subject to the direction and approval of the Owner. ARTICLE III Compensation Section 1 - Charges A. The Owner shall pay the Engineer for services performed as described in Article II, Section 1, Paragraph A - Phase I A - Lump sum of $87,000, payable in four (4) equal payments of $21,750, due on September 1, October 1, November 1, (all in 1990) and upon completion of the study. B. The Owner shall pay the Engineer for services performed as described in Article II, Section 1, Paragraph B - Phase II and Paragraph C - Phase III an amount to be agreed upon at a later date. C. The Owner shall pay the Engineer for services performed as described in Article II, Section 1, Paragraph D - Related Issues a sum equal to the Time and Expense charges of the Engineer. The hourly rates and expenses which make up the Time and Expense charges of the Engineer are shown in Table I. Section 2 - Payments The sum billed by the Engineer shall be due and payable ten (1) days after approval by the Owner of the services performed hereunder and the invoice of the Engineer therefore, including a breakdown of services performed. The Engineer shall submit monthly invoices to the Owner. ARTICLE IV Miscellaneous Section 1. License: The Engineer shall comply with all applicable statutes pertaining to engineering and warrants that he possesses License Number 41633 issued to him by the State of Texas on June 30, 1977. Section 2. Insurance: The Engineer shall take out and maintain workmen's compensation insurance, public liability insurance, and automobile liability insurance as prescribed by the latest revisions of 7-CFR Part 1788. Compliance with future revisions of 7-CFR Part 1788 will be made within 90 days after date of insurance of the revision. Section 3. Oualified Personnel: The obligations and duties to be performed by the Engineer under this Agreement shall be performed by persons qualified to perform such duties efficiently. The Engineer, if the Owner shall so direct, shall replace any engineer or other person employed by the Engineer in connection with the work. Section 4. Terms of Agreement: This Agreement shall become effective as of the date hereof and shall remaiin in effect until terminated by either party giving thirty days notice to the ❑ther party of its intention to terminate. July 12, 1990 Page 540 Section 5. Assignment: The obligations of the Engineer under the Agreement shall not be assigned without the approval of the Owner. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed. CITY OF LUBBOCK, OWNER s B. C. McMinn B. C. McMINN, MAYOR ATTEST: s anette Boyd Ranette Boyd, City Secretary HICKS & RAGLAND ENGINEERING CO., INC. ENGINEER /sZ David Sharbatt President ATTEST: s Sharon K. Grant Assistant Secretary DATE: June 13, 1990 1. Time Rates. Job Classification & Employee Name, If Known Hourly Billing.. Rate Clerical $25 Drafting (Includes CAD equipment usage) $30 Technician $50 Engineer, Sr. Technician $75 Professional Engineer $90 2. Expenses. These will include reasonable transportation cost of employees, costs of prints, mailing, and telephone expenses. In their May 24, 1990 Work Session, City Council authorized Staff to negotiate a Contract with Flicks and Ragland for evaluation of Communications systems. The immediate project work is identified as Phase I and is an evaluation of existing communication facilities (radio, telephone circuits and Police/Fire Computer Aided Dispatch System). Cost estimates and plans for upgrading these systems will also be developed. Time and order of completion of this phase is 120 days, starting with a "Notice to Proceed" to be issued about July 20, 1990. The cost of this phase is $87,000, and funds are available in the Capital Projects Budget Fund 1481, Project Number 9138. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #3419 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. July 12, 1990 Page 541 90-49B-541-369 (13.) BID #10743--Annual aricing for hot mix (Streets). Williams & Peters Construction Co., Inc.--600 tn. ST002 Type C hot mix using local aggregate; 600 Tn. ST003 Type D hot mix using local aggregate; 600 Tn. ST004 cold mix. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 90-49B-.541-370 (14.) BID #10744--Annual pricing for concrete (Streets)_ Cement & Supply Co.--600 Cy. C 5613-1 Class A 5-1/2 sack concrete; 300 Cy. C 5613-10 Class B 5-sack concrete; 600 Cy. C 5613-13 3500 PSI 5-1/2 sack concrete; 500 Cy. C 5613-14 ground stabilizer caliche with 3 sack cement mix; 800 Cy. C 5613-2 Class A high early strength concrete; 100 Cy. C 5613-3 Class A calcium chloride concrete; 200 Cy. C 5613-7 Class A 6-sack concrete. Lubbock Building Products--100 Cy. C 5613-5 Class C high early strength concrete; 200 Cy. Class C calcium chloride concrete. *TIE BIDS were awarded as follow: (1) 200 Lf. C 56111 1/2 X 3 expansion joint; (2) 200 Lf. C 56112 1/2 X 3 1/2 expansion joint; (3) 200 Lf. C 56113 1/2 X 4 expansion joint; (4) 250 Lf. C 56114 1/2 X 6 expansion joint; (5) 200 ea. C 56115 30" curb & gutter expansion joint; (8) 300 Cy. C 5613-11 Class B high early strength concrete; (9) 300 Cy. C 5613-12 Class B calcium chloride concrete; (14) 1,200 Cy. C 5613-4 Class C 4-1/2 sack concrete; (18) 200 Cy. C 5613-8 Class A high early strength concrete; (19) 100 Cy. C 5613-9 Class A calcium chloride concrete. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize low bids meeting specifications and *awarding tie bid Vs 1-5, B, 9, 14, 18, and 19 to Lubbock Building Products in a drawing by Councilwoman Trejo. Motion carried: 6 Yeas; 0 Nays. 90-49B-.541-371 (15.) RFP #10548--Security services for Civic Center, Auditorium and Coliseum (Civic Center, Auditorium) Coliseum). Wells Fargo Guard Services --Hourly rates ($6.21) for approximately 2,000 hours. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. (12.) Hold an Executive Session to discuss ❑ending litigation --Solid Waste, Wastewater. July 12, 1990 Page 542 (16.) 90-49B-542-371 (17.) 90-49B-542-372 (18.), 90-49B-542-373 Hold an Executive Session to discuss personnel matters regarding appointments to: Lubbock Citizens Traffic Commission Board of City Development Keep Lubbock Beautiful Advisory Committee Motion was made by Councilman Phillips, seconded by Councilman Patterson to reappoint Elroy Carson, Dan Gomez, and Michelle Stuart to the Lubbock Citizens Traffic Commission. Motion carried: 5 Yeas; 0 Nays -- Councilman Aderton absent from Chambers. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint Paul Benos to fill the unexpired term of Carl Gundlach on the Board of City Development. Motion carried: 6 Yeas; 0 Nays. (19.} Consider one appointment to the Keep Lubbock Beautiful Advisory Committee to fill the unexpired term of Jack Davidson which will expire on April 12 1992. Motion was made by Councilman Phillips, seconded by Councilman Aderton to appoint Ray Moran to fill the unexpired term of Jack Davidson on the Keep Lubbock Beautiful Advisory Committee. Motion carried: 6 Yeas; 0 Nays. There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilman Phillips to adjourn the meeting at 10:56 a.m. Motion carried: 6 Yeas; 0 Nays. e B. C. MCMIN , MAYOR T: Ran to Boyd, City Se ret ry READ AND APPROVED THIS 26TH DAY OF JULY, 1990 [Y r B. C. cMI MAYOR ST: Ra ette Boyd, City e etary SECOND READING ORDINANCES ORDINANCE NO.9130 AN ORDINANCE TEMPO- RARlLY ALTERING THE PRIMA �'XAS R- 509 FACIE SPEED LIMITS ON CER- TAIN PORTIONS OF 62ND;dCK STREET, AS HEREINAFTER rULpRE PARTICULARLY DE -ea Henry _ _ a Notary Public in and for Lubbock County, Texas on this day SCRIBED IN THE BODY of THIS ORDINANCE: REPEALING CON-1 T. J. A u f i l lg Account Manager of the Southwestern Newspa- FLICTING ORDINANCES TO, THE EXTENT OF SUCH CON-Oblishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly FLICT; PROVIDING FOR APPLI- T�Tt I ORDINANCEETS R }d say that said newspaper has been published continuously for more than fifty-two weeks pri- CNLIY TOO HIGHWAYS NAMED HEREINIon of this AND MAKING IT CUMULATIVE: DIRECTING PLACEMENT OF. No, at Lubbock County, Texas and the attached print - SIGNS WITH RESPECT THERE- To: PROVIDING FOR E%PIRA- .a I notice s a true copy of the original and was printed In the Lubbock TION OF THIS ORDINANCE " DAYS AFTER ITS EFFECTIVE pn the following dates: Julyy —1 4 @ 2 1 @ I gga DATE: PROVIDING A PENAL-{ A SAVINGS! TY: PROVIDING CLAUSE: AND PROVIDING FOR PUBLICATION. I R-509 I� A e u n t M a n a e r NOTARY PUBLIC and for the State of Texas( My Commission Tres..........I1/4794-9¢ LUBBOCK AVALANCHE -JOURNAL Southwestern Newspaper Cor Corporation P SlA F 01: TEXAS Subscribed and sworn to before me thi da of ' "' 4�* l�y�°i- ExG Nav 19 1994 Y FOR51 a8.1{1