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Home My WebLink AboutMinutes - City Council - Regular - 9/24/1992CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1992 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 24th day of September, 1992 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor David Langston, Mayor Pro Tem Maggie Trejo, Councilman T. J. Patterson, Councilman M. J. Aderton, Councilman Randy Neugebauer, Councilman Max Ince, Councilman Alex Cooke, Acting City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor Langston called the meeting to order at 10:00 A.M. ( 1.) The Invocation was given by Ranette Boyd, City Secretary. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments 92-51B-757-531 ( 4.) Harold Chatman, Chairperson of the Citizens Traffic Commission, will appear to recommend a policy on "Deaf Child Area" signs. Harold Chatman advised Council of a recent request to install warning signs on a residential street to notify motorists that a deaf child lives in the area. Because there are no provisions for handling this type request, the following policy was developed by the Traffic Engineering Department and, presented to the Citizens Traffic Commission (CTC) at their September 8, 1992 meeting: "DEAF CHILD AREA" SIGN POLICY 1. Upon request, "DEAF CHILD AREA" signs will be installed on the property line nearest, but not less than 200' in advance of, the property where a deaf child lives. 2. The person submitting the request must obtain approval from all property owners adjacent to the sign locations. 3. The signs will be maintained until the deaf child reaches their twelfth birthday, at which time the signs will be removed. 4. A certified copy of the deaf child's birth certificate must be provided before the signs are installed. September 24, 1992 Page 758 5. The person submitting the request will be responsible for the cost (currently $60) of manufacturing, installing and maintaining each sign and this must be paid to the City of Lubbock before the signs are installed. It could require one to four signs, depending on location (cul-de-sac, mid -block, T-intersection, or 4-way intersection). According to Mr. Chatman, the CTC was concerned about requiring documentation as to the degree of the hearing impairment; however, it was decided that since there was a charge for the signs, the only requirement be that persons who have a child with a hearing impairment could request installation. The CTC agreed unanimously approved the policy. Staff recommended that the City uphold the CTC recommendation and approve this policy for the installation of warning signs for deaf children in residential areas. Motion was made by Councilman Cooke, seconded by Mayor Pro Tem Trejo to approve the "Deaf Child Area" signs policy as recommended by CTC and City Staff. Motion carried: 7 Yeas; 0 Nays. ( 5.) Motion was made by Councilman Patterson, seconded by Councilman Ince to approve the Minutes of the September 10, 1992 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. 92-51B-758-532 ( 6.) ORDINANCE #9553--Altering the prima facie speed limits on certain portions of East 4th Street near the Idalou Highway. - ORDINANCE #9553 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF EAST 4TH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Ince to pass on second and final reading Ordinance #9553 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 759 92-51B-759-533 ( 7.) ORDINANCE #9554--Repealing Ordinance #8190-B, concerning traffic signals at I-27 and North Loop 289. ORDINANCE #9554 AN ORDINANCE REPEALING ORDINANCE NO. 8190-B OF THE CITY OF LUBBOCK SO AS TO CANCEL AUTHORIZATION AND APPROVAL FOR TWO TRAFFIC SIGNALS LOCATED AT NORTH LOOP 289 AND ITS INTERSECTION WITH U.S. HIGHWAY 87 AND U.S. HIGHWAY 87 AND ITS INTERSECTION WITH HARVARD STREET; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. Motion was made by Councilman Patterson, seconded by Councilman Ince to pass on second and final reading Ordinance #9554 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51B-759-534 ( 8.) Consider Ordinance #9555 abandoning and closing a Transformer Pad Easement located in Lot 786, Lakeridge Country Club Estates Addition (5003 96th Street). ORDINANCE #9555 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT LOCATED IN LAKERIDGE COUNTRY CLUB ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance abandons and closes (for building purposes) a 4' by 6' Transformer Pad Easement located at the southwest corner of Lot 786, Lakeridge Country Club Estates Addition. Proponent of this closure is Kyle Fulton, the property owner. Staff recommended approval of this closure. Motion was made by Councilman Patterson, seconded by Councilman Ince to pass on first reading Ordinance #9555 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 760 92-51B-760-535 ( 9.) Consider Resolution #3962 approving the plans and specifications for paving improvements on portions of streets to be paved on an assessment program. RESOLUTION #3962 WHEREAS, the City Council September 10, 1992, passed Resolution No. 3955 providing for the improvements of portions of streets in the City of Lubbock, Texas, and along the boundaries of said City, and directing preparation of plans and specifications covering the alleys as named in said Resolution; and WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the plans and specifications submitted by the City Engineer covering improvements contemplated by said Resolutions BE and the same are hereby approved. Passed by the City Council this 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is the second of five resolutions to initiate an Assessment Paving Program. The first resolution directing preparation of plans and specifications was authorized by City Council on September 10, 1992. This is the second Resolution for Avenue N from North Loop 289 to Wabash Street recently petitioned and will enable consideration of this street with the two alleys previously approved by the Council for an upcoming assessment program. On assessment paving, the City is required by State Law to participate in a minimum of 10% of the paving construction costs. Staff recommended approval of this Resolution. Motion was made by Councilman Patterson, seconded by Councilman Ince to authorize Resolution #3962 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 761 92-51B-761-536 (10.) Consider a Resolution authorizing acceptance of water and sewer improvements for Lots 3, 4, 5, and Tract C. West Chase Addition. This item was deleted. 92-51B-761-537 (11.) BID #12192--Wood power poles (Central Warehouse). International Paper Co., Dallas--44 ea. 35', Class 4 Creosote treated wood pole; 92 ea. 45' Class 2 Creosote treated wood pole. Motion was made by Councilman Patterson, seconded by Councilman Ince to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 92-51B-761-538 (12.) BID #12107--Annual pricing for lamps (Central Warehouse). Graybar Electric, Amarillo--460 ea. 25W inside frosted 130V med. base lamp; 480 ea. 60W clear 130V med. base lamp; 1600 ea. 75W inside frosted 130V med. base lamp; 18 ea. 175W Mercury vapor Mogul base lamp; 240 ea. 189W street lighting 125V med. base lamp; 280 ea. 150W inside frosted 130V med. base lamp; 2400 ea. 100W inside frosted 130V med. base lamp; 2200 ea. 200W inside frosted 130V med. base lamp; 120 ea. 250W clear Mercury vapor, Mogul base lamp; 60 ea. 300W clear 130V med. base lamp; 120 ea. 150W 130V RS med. base lamp; 660 ea. 75W inside frosted 130V RS med. base lamp; 240 ea. 75W RS SL tough skin lamp; 90 ea. 300W clear 130V Mogul base lamp; 72 ea. 300W inside frosted 130V Mogul base lamp; 120 ea. 500W clear 125V Mogul base lamp; 360 ea. 400W 7" lightcenter, Mercry vapor Mogul base lamp; 900 ea. 150W flood 130V med. base lamp; 900 ea. 75W R-30 flood 125V lamp; 48 ea. F20T12/CW, fluorescent lamp; 1600 ea. 400W sodium vapor lamp; 280 ea. 250W sodium vapor lamp; 1400 ea. 100W high pressure sodium vapor lamp; 360 ea. 240V Q1500 T3/clear lamp; 1100 ea. 25W inside frosted 130V T6 lamp; 700 ea. 25W inside frosted intermediate base 130V lamp; 48 ea. 500W clear 125-130V T3QU lamp; 32 ea. 500 par flood lamp; 72 ea. 7C7 130V lamp; 120 ea. 6S6 130V lamp; 300 ea. 25W T10 showcase lamp; 930 ea. 150W flood lamp; 7400 ea. F40 CW lamp; 160 ea. F961`12D lamp; 720 ea. F401`12D lamp; 240 ea. F96T12/CW lamp; 400 ea. F96T12/CW/HQ; 30 ea. F72T12/CW lamp; 30 ea. BT56-1000/WH36 Mercury vapor lamp; 18 ea. H36-15 GW/RS Mercury vapor lamp; 42 ea. M1000/U metal Halide lamp; 840 ea. 1950L 130V traffic lamp; 120 ea. F48T12/CW/HO lamp; 60 ea. U-Bent lite FB40LW/6/EW white lamp. September 24, 1992 Page 762 Voss Electric, Dallas--160 ea. 360W high pressure sodium vapor clear lamp; 72 ea. 150W clear Minican base lamp; 60 ea. FEL Quartz lamp; 60 ea. 250W R40/1 115-125V lamp; 180 ea. FB40CW/6 lamp; 48 ea. LU 150 lamp; 48 ea. EGJ lamp; 18 ea. LU1000 sodium vapor lamp; 60 ea. 15T6 145V incandescent lamp; 60 ea. 6A/T10/P lamp; 180 ea. 6.6A/T 14/2P; 6 ea. ULX 150W sodium vapor lamp; 12 ea. EGG lamp; 12 ea. 500W R3 flood 130V Mobil base lamp. Southwestern Electric--24 ea. BVT lamp; 18 ea. H36-15 GW/RS Mercury vapor lamp. Motion was made by Councilman Patterson, seconded by Councilman Ince to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 92-51B-762-539 (13.) BID #12087--Fire and rescue protective clothing (Fire Department). Daco Fire Safety Equipment--27 ea. Fire service knee boots. Vallen Safety Supply Co., Odessa--27 ea. Aluminized gloves. Halprin Fire Equipment Co., Los Angeles, CA--27 ea. Firefighter helmet; 27 ea. aluminized turnout pants; 27 ea. aluminized turnout coat. Motion was made by Councilman Patterson, seconded by Councilman Ince to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 763 92-51B-763-540 (14.) BID #12186--Mae Simmons Ballpark lighting, and authorize same (Community Development). RESOLUTION #3963 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 Row Wall Electric for installation of baseball field lighting at Mae Simmons Park, 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 24th day of September, 1992. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 24th day of September, 1992 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Row -Wall Electric, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 12186--Mae Simmons Ballpark Lighting (Community Development) in the amount of $39,500.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. September 24, 1992 Page 764 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Carlos Vigil /s/ Don Vandiver ATTEST: Row -Wall Electric, Inc. /s/ M Rowen CONTRACTOR Secretary By: /s/ Lynn B. Rowan TITLE: President COMPLETE ADDRESS: Row -Wall Electric, Inc. Box 1914 Lubbock, Texas 79408 Motion was made by Councilman Patterson, seconded by Councilman Ince to authorize Resolution #3963 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 765 92-51B-765-541 (15.) BID #12182--LP&L South Substation paving, and authorize same (Electric Distribution). RESOLUTION #3964 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 Lone Star Dirt & Paving for paving and concrete work for the LP&L South Substation located at 107th Street and Indiana Avenue, 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 24th day of September, 1992. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager F APPROVED AS TO FORM: L /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 24th day of September, 1992 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lone Star Dirt & Paving Construction of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 12182--LP&L South Substation Paving (Electric Distribution) in the amount of $12,911.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. September 24, 1992 Page 766 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Beatriz M. Rodriquez Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald ATTEST: Secretary COMPLETE ADDRESS: 92-51B-766-542 (16.) 92-51B-766-543 (19.) Lone Star Dirt 7602 Avenue V Lubbock, Texas CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver Lone Star Dirt & Paving Construction CONTRACTOR By: /s/ Preston Sanders TITLE: Owner & Paving 79423 Motion was made by Councilman Patterson, seconded by Councilman Ince to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #12166--Conduit and street light fixtures (Central Warehouse). Cummins Supply, Amarillo--450' 5" rigid seamless aluminum conduit. Temple, Inc.--150 ea. 400W luminaire sodium vapor lamp. Motion was made by Councilman Patterson, seconded by Councilman Ince to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. Consider closing completed Community Development projects and associated adjustments to the Contingency Fund. At the end of each fiscal year the Community Development projects were completed during the previous year are closed and budget underruns and overruns are reconciled to the Contingency Fund. September 24, 1992 Page 767 The following projects were completed during the past twelve months: Original Expenditures Under Over Budget As of 5/31/92 Budget Budget 1990: 16th YR Arnett Benson $147,400 $149,180.37 $ (1,780.37) 16th YR Chatman Hill 73,700 70,983.37 2,716.63 16th YR Residential Rehab. 600,000 593,883.54 6,116.46 PR-Butler/Outreach Prg. Phase II 25,500 20,287.92 5,212.08 CD -Land Disposition 5,000 4,358.61 641.39 CD -Homestead Property Mgt. 5,000 5,363.75 (363.75) CD-Sidewalks/North Overton 50,000 49,592.02 407.98 CD -Chapel Hill Paving/ Baylor 45,000 28,716.20 16,283.80 1991: PR -Butler Outreach Program 29,500 24,634.13 4,865.87 PR -Summer Recreation Program 47,800 38,097.21 9,702.79 CD -Project Neighbor- hoods 186,633 186,362.23 270.67 CD -Project Helping Hands 225,000 227,500.00 (2,500.00) CD -Paint -Up Program 30,000 49,564.70 (19,564.71) CD -Indirect Cost 125,000 158,445.00 (33,445.00)* CD -Playground Renova- tions 37,500 37,500.00 CD-Chatman Hospital 10,000 10,000.00 CD -Planning Documents 4,000 4,000.00 CD-I-27 Acquisition 75,000 310.00 74,690.00 CD -Home Security/ Elderly 30,000 13,952.89 16,047.02 CD -Administration 186,000 190,998.89 (4,998.89) CD -Field Services 265,000 278,535.05 (13,535.05) TOTAL $2,142,266.08 $136,954.69$(76,187.77) Addition to Contingency - 17th Yr. $ 60,766.92 18th Yr. Contingency -Budget 60,939.00 Carry Over from 17th Year 64,686.59 Current Contingency Balance $186,392.51 *Includes additional $25,000 accounting adjustment for 1990-91 closeout. According to Staff memo, the budget underruns are due primarily to competitive bidding on sidewalk projects, as well as cancellation of the I-27 acquisition project. It was determined that private interests were acquiring the land adjacent to the I-27 and removing the residential land uses, which is consistent with the City's future plan. The total for underbudget projects was $136,954.69; the total over budget was $76,187.77 and represents less than 3.7% of the total expenditures during the year. Three projects constitute the majority of the project overrun: The Paint -Up Program, Indirect Cost, and the C.D. Field Services accounts. September 24, 1992 Page 768 The Paint -Up Program experienced a 40% increase in participation last year with 682 households at $74.59 per household. The original project budget was $30,000 with actual expenses of $49,564. The second major budget overrun was $33,445 due to late approval of the FY 1990 Indirect Cost Plan by HUD. The Indirect Cost for FY 1990 and 1991 is included in this year's expenses which normally contain final figures for one year. The Field Services Budget was over due to late and reduced reimbursements from HUD programs such as Rental Rehabilitation Block Grant Program. The expense line items were within the budget, but HUD was late in approving the rehab funding, the source of reimbursement. This should be recovered prior to the City's year-end. Closing these projects will increase the Contingency Fund balance from $125,625.59 to $186,392.51. The HUD regulations state that any expenditure from the Contingency Fund requires a public hearing. Traditionally, the City of Lubbock has funded projects from the Contingency Fund after a public hearing in October as an interim allocation or in conjunction with the primary allocation public hearing in February. At this time, the primary project awaiting discussion for funding is the restoration of the Chatman Hospital. It was anticipated that the request will be for $250,000 to support the restoration of the hospital in conjunction with the University Medical Center and the Chatman Foundation. Since the Contingency Fund balance is less than the needed funding, Staff recommended holding the Fund balance of $186,392.51 until the primary allocation in February. Motion was made by Councilman Patterson, seconded by Councilman Cooke to approve closing of completed Community Development projects and associated adjustments to the Contingency Fund as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 769 * &fl:l&11.10 & , ,! (20.) Consider Resolution #3965 authorizing the Mayor to execute an Agreement with Revcon. Inc. to grant an option to lease certain property on the Airport East District. RESOLUTION #3965 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Option Contract by and between the City of Lubbock and Revcon, Inc., a Texas Corporation, 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s/ Anthony Williams Anthony Williams, Assistant City Attorney September 24, 1992 Page 770 THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: OPTION CONTRACT This Option Contract is made this 1st day of August, 1992, at Lubbock, Lubbock County, Texas, by the CITY OF LUBBOCK, referred to in this Option Contract as "Optionor," and REVCON, INC., referred to in this Option Contract as "Optionee." WHEREAS, Optionor is the owner of real property at the Lubbock International Airport in Lubbock County, referred to in this Option Contract as the "property" and which is more particularly described in Exhibit A, attached to and by this reference made a part of this Option Contract; and WHEREAS, Optionee desires to acquire the exclusive right and option to lease without becoming obligated to lease the property at an agreed price and under specified terms and conditions; THEREFORE, it is agreed as follows: 1. For the consideration expressed in paragraph 3 of this Option Contract, Optionor hereby grants to Optionee, his heirs and assigns the exclusive right and option to lease the "property" described in Exhibit A upon terms and conditions mutually agreeable to the parties. 2. The option to lease this property shall commence on Saturday, August 1, 1992, and continue until Monday, February 1, 1993, the purpose of such lease being the construction of a new facility for the National Weather Service at the Lubbock International Airport. 3. This option is granted in consideration of Optionee's payment to Optionor the sum of Two Hundred and No/100 Dollars ($200.00), receipt of which is hereby acknowledged. 4. If this option is exercised in accordance with the terms hereof, then the consideration paid to Optionor shall not apply to the forthcoming lease agreement. 5. If this option or any extension thereof is not exercised, all sums paid to Optionor by Optionee shall be retained by Optionor in consideration of the granting of this option. 6. Optionee may exercise this option by execution and tender to Optionor a real property lease before the expiration date hereof. Upon delivery of said lease, Optionor shall forthwith execute the same as soon as reasonably practicable. 7. If Optionee does exercise this option before its expiration date, Optionee shall agree that Optionor shall reserve the right to approve any and all construction plans intended to be used by Optionee. Optionee shall further agree to protect the aerial approaches of the property against obstruction. 8. If Optionee fails to exercise the option in accordance with the terms of this Option Contract within the option period, then the option to lease granted by this Option Contract and the rights thereunder of Optionee shall automatically and immediately terminate without notice. 9. Optionee may assign the option and his rights under this Option Contract on condition that the assignee assumes all of Optionee's obligations under this Option Contract and prior written consent of Optionor be obtained. September 24, 1992 Page 771 10. Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by registered mail, postage prepaid, return receipt requested, and shall be deemed received as of date of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change his or her address by written notice in accordance with this paragraph. TO THE OPTIONOR: Director of Aviation Lubbock International Airport Route 3, Box 389 Lubbock, Texas, 79401 TO THE OPTIONEE: Revcon, Inc. 4408 Brownfield Drive Box 6009 Lubbock, Texas 79413 11. This Option Contract along with Exhibit A contains the entire agreement between the parties relating to the option herein granted. Any oral representation or modifications concerning this Option Contract shall be of no force and effect, except a subsequent modification in writing, signed by the party to be charged and supported by consideration. 12. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as attorney's fees in such litigation. 13. This Option Contract shall bind and inure to the benefit of all the respective heirs, personal representatives, successors, and assigns of the parties hereto except as hereinabove expressly provided. IN WITNESS WHEREOF, the parties hereto have executed this Option Contract the day and year first above written. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s/ Anthony Williams Anthony Williams, Assistant City Attorney OPTIONOR: BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR OPTIONEE: BY:/s/ Dennis W. Wardroup September 24, 1992 Page 772 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Dennis W. Wardroup known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. 1992. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31st day of July, /s/ Shonnie L. Merck Notary Public in and for the State of Texas The National Oceanic and Atmospheric Administration (NOAA) is studying the possibility of expanding the National Weather Service (NWS) offices which are currently located in the Executive Terminal on the Airport's east side. NOAA, which operates the NWS, is seeking space to house the NWS and in response, Revcon, Inc. requested an option to lease land in the Airport's East District with intentions of negotiating with the NWS to build a facility for them on the land. This option expires December 1, 1992 and if a lease has not been executed by that time, Revcon, Inc. must request a renewal option for a fee of $200. The Airport Board unanimously approved this agreement in their July 15, 1992 Airport Board meeting. Staff recommended approval. Motion was made by Mayor Pro Tem Trejo, seconded by Councilman Patterson to authorize Resolution #3965 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 773 92-51B-773-545 (21.) Airport East District. RESOLUTION #3966 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Option Contract by and between the City of Lubbock and William F. Warnick for the construction of a new facility for the National Weather Service at the Lubbock International Airport, attached herewith, which Agreement is 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern E. Case, Director of Aviation 1... APPROVED AS TO FORM: /s/ Anthony Williams Anthony Williams, Assistant City Attorney September 24, 1992 Page 774 THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: OPTION CONTRACT This Option Contract is made this 24th day of June, 1992, at Lubbock, Lubbock County, Texas, by the CITY OF LUBBOCK, referred to in this Option Contract as "Optionor," and WILLIAM F. WARNICK, referred to in this Option Contract as "Optionee." WHEREAS, Optionor is the owner of real property at the Lubbock International Airport in Lubbock County, referred to in this Option Contract as the "property" and which is more particularly described in Exhibit A, attached to and by this reference made a part of this Option Contract; and WHEREAS, Optionee desires to acquire the exclusive right and option to lease without becoming obligated to lease the property at an agreed price and under specified terms and conditions; THEREFORE, it is agreed as follows: 1. For the consideration expressed in paragraph 3 of this Option Contract, Optionor hereby grants to Optionee, his heirs and assigns the exclusive right and option to lease the "property" described in Exhibit A upon terms and conditions mutually agreeable to the parties. 2. The option to lease this property shall commence on Tuesday, June 1, 1992, and continue until Tuesday, December 1, 1992, the purpose of such lease being the construction of a new facility for the National Weather Service at the Lubbock International Airport. 3. This option is granted in consideration of Optionee's payment to Optionor the sum of Two Hundred and No/100 Dollars ($200.00), receipt of which is hereby acknowledged. 4. If this option is exercised in accordance with the terms hereof, then the consideration paid to Optionor shall not apply to the forthcoming lease agreement. 5. If this option or any extension thereof is not exercised, all sums paid to Optionor by Optionee shall be retained by Optionor in consideration of the granting of this option. 6. Optionee may exercise this option by execution and tender to Optionor a real property lease before the expiration date hereof. Upon delivery of said lease, Optionor shall forthwith execute the same as soon as reasonably practicable. 7. If Optionee does exercise this option before its expiration date, Optionee shall agree that Optionor shall reserve the right to approve any and all construction plans intended to be used by Optionee. Optionee shall further agree to protect the aerial approaches of the property against obstruction. 8. If Optionee fails to exercise the option in accordance with the terms of this Option Contract within the option period, then the option to lease granted by this Option Contract and the rights thereunder of Optionee shall automatically and immediately terminate without notice. 9. Optionee may assign the option and his rights under this Option Contract on condition that the assignee assumes all of Optionee's obligations under this Option Contract and prior written consent of Optionor be obtained. September 24, 1992 Page 775 10. Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by registered mail, postage prepaid, return receipt requested, and shall be deemed received as of date of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change his or her address by written notice in accordance with this paragraph. TO THE OPTIONOR: Director of Aviation Lubbock International Airport Route 3, Box 389 Lubbock, Texas, 79401 TO THE OPTIONEE: William F. Warnick Attorney at Law 2022 Broadway Lubbock, Texas 79401 11. This Option Contract along with Exhibit A contains the entire agreement between the parties relating to the option herein granted. Any oral representation or modifications concerning this Option Contract shall be of no force and effect, except a subsequent modification in writing, signed by the party to be charged and supported by consideration. 12. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as attorney's fees in such litigation. 13. This Option Contract shall bind and inure to the benefit of all the respective heirs, personal representatives, successors, and assigns of the parties hereto except as hereinabove expressly provided. IN WITNESS WHEREOF, the parties hereto have executed this Option Contract the day and year first above written. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s/ Anthony Williams Anthony Williams, Assistant City Attorney OPTIONOR: BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR OPTIONEE: BY:/s/ William F. Warnick WILLIAM F. WARNICK September 24, 1992 Page 776 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared William F. Warnick, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. 1992. GIVEN UNDER MY HAND AND SEAL OF OFFICE this loth day of August, /s/ LaDonna McCann Notary Public in and for the State of Texas William F. Warnick has requested an option to lease land in the Airport's East District with intentions of negotiating with the NWS to build a facility for them on this land. This option expires December 1, 1992 and if a lease has not been executed by this time, Mr. Warnick must request a renewal option for a fee of $200. The Airport Board unanimously approved the agreement in their June 17, 1992 Airport Board meeting. Staff recommended approval. Motion was made by Mayor Pro Tem Trejo, seconded by Councilman Patterson to authorize Resolution #3966 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 777 92-51B-777-546 (22.) mandated regulations under FAR 107.14 RESOLUTION #3967 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 Addendums to Airline Lease Agreements with American Airlines and Rocky Mountain Airways, Inc. d/b/a Continental Express, 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern E. Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney September 24, 1992 Page 778 ADDENDUM NO. 2 TO AIRLINE LEASE AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK, TEXAS, AND AMERICAN AIRLINES WHEREAS, the City of Lubbock, Texas, hereinafter referred to as "City," and American Airlines, hereinafter referred to as "Lessee," executed an Agreement on or about February 23, 1984, in which Lessee agreed to lease from City space and facilities in the terminal building at Lubbock International Airport sufficient to conduct its business of air transportation at said Airport; and WHEREAS, both City and Lessee, pursuant to Article VII of the above -referenced Agreement, have in good faith renegotiated certain charges for the use of such space and facilities in the terminal building, and desire to amend the Agreement executed on or about February 23, 1984, to reflect such renegotiated charges; NOW THEREFORE, the Airline Lease Agreement hereinabove referred to is hereby amended as follows: 1. Article VI of said Agreement is hereby amended by adding Section 6.09 thereto, which shall read as follows: Section 6.09 - Airport Securitv Fee Notwithstanding any other provision contained in this Agreement, Lessee herein agrees to pay City on a monthly basis Lessee's proportionate share of the total operational costs related to compliance with 14 C.F.R. Part 107 according to the following formula, to wit: 20% of the total charges shall be divided equally among all Certificated Passenger Air Transportation Companies and the remaining 80% prorated based on each such carrier's percentage of enplanements in the preceding month. Effective October 1, 1992, the fee jointly charged to Lessee and all other air carriers at the Airport for the operational costs related to compliance with 14 C.F.R. Part 107 shall be $5.93 per sq. ft. per year for 45,942.222 square feet of common boarding lounge area, and Lessee agrees to pay its pro rata portion of such fee according to the above formula. This fee is based on the total estimated costs projected by the City and the air carriers as necessary for compliance with 14 C.F.R. Part 107 in 1992, a copy of which estimate is attached hereto as Exhibit No. 1 and incorporated herein by reference, and the amount of square footage of common boarding lounge area being utilized by Certificated Passenger Air Transportation Companies at the Airport at the time the estimate was prepared. The total actual operational costs incurred by the Airport each year in complying with 14 C.F.R. Part 107 will be reviewed at the end of each such year by Lessee and the Director of Aviation and a pro rata adjustment made for either overpayment or underpayment of the fee necessary to defray all such actual costs. City herein agrees to immediately adjust the rate charged to Lessee and other air carriers for any reduction in personnel whose positions are funded by the fee hereinabove discussed and for any other material changes in the total estimated costs projected by the City and such air carriers annually as necessary for compliance with 14 C.F.R. Part 107. City further agrees to establish a separate fund or account in which to maintain fees received from Lessee and other air carriers pursuant to this Section 6.09, and that all records indicating payments into and expenditures from this fund or account shall be subject to review by Lessee and such other air carriers. September 24, 1992 Page 779 2. All other terms and conditions of the Agreement executed between the City and Lessee on or about February 23, 1984, and subsequently amended by Addendum No. 1 on or about January 22, 1991, are hereby ratified and, except as modified above, shall be and remain the same. EXECUTED this 24th day of September, 1992. CITY OF LUBBOCK By:/s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Exhibit is filed with Resolution No. 3967. AMERICAN AIRLINES By:/s/ Gary F. Kennedy Gary F. Kennedy The Federal Aviation Administration has mandated upgrades to passenger terminals security by further restricting access to sterile areas. At the Lubbock International Airport, this regulation is being implemented by installing a computer controlled access system. Installation of this system is mandated and paid for through FAA programs, but the operation of the system falls to the Airport. Since this system is directly related to certificated passenger airlines serving the Airport, the airlines have agreed to offset these operational costs through the collection of a security charge. This fee will be collected through a formula similar to the airlines' common area formula and is estimated to produce about $270,000 per year. The money collected will be placed into a special fund and used to offset operational costs. These costs will be reviewed annually and adjusted upward or downward to reflect the level of actual costs incurred. The Airport Board unanimously approved this addendum in their September 16, 1992 Airport Board meeting. Staff recommended approval. Motion was made by Councilman Cooke, seconded by Mayor Pro Tem Trejo to authorize Resolution #3967 as recommended by the Airport Board and City Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 780 92-51B-780-547 (23.) Consider Resolution #3968 authorizing the Mayor to execute an addendum to the Airline Lease Agreement with Continental Express to collect additional fees to offset operational cost of complying with FAA mandated regulations under FAR 107.14. RESOLUTION #3968 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 Addendums to Airline Lease Agreements with American Airlines and Rocky Mountain Airways, Inc. d/b/a Continental Express, 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney September 24, 1992 Page 781 ADDENDUM NO. 1 TO AIRLINE LEASE AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK, TEXAS AND ROCKY MOUNTAIN AIRWAYS, INC. D/B/A CONTINENTAL EXPRESS WHEREAS, the City of Lubbock, Texas, hereinafter referred to as "City," and Rocky Mountain Airways, Inc., d/b/a Continental Express, hereinafter referred to as "Lessee," executed an Agreement on or about May 1, 1990, in which Lessee agreed to lease from City space and facilities in the terminal building at Lubbock International Airport sufficient to conduct its business of air transportation at said Airport; and WHEREAS, both City and Lessee, pursuant to Article VIII of the above -referenced Agreement, have in good faith renegotiated certain charges for the use of such space and facilities in the terminal building, and desire to amend the Agreement executed on or about May 1, 1990, to reflect such renegotiated charges; NOW THEREFORE, the Airline Lease Agreement hereinabove referred to is hereby amended as follows: 1. Article VII of said Agreement is hereby amended by adding Section 7.08 thereto, which shall read as follows: Section 7.08 - Airport Security Fee Notwithstanding any other provision contained in this Agreement, Lessee herein agrees to pay City on a monthly basis Lessee's proportionate share of the total operational costs related to compliance with 14 C.F.R. Part 107 according to the following formula, to wit: 20% of the total charges shall be divided equally among all Certificated Passenger Air Transportation Companies and the remaining 80% prorated based on each such carrier's percentage of enplanements in the preceding month. Effective October 1, 1992, the fee jointly charged to Lessee and all other air carriers at the Airport for the operational costs related to compliance with 14 C.F.R. Part 107 shall be $5.93 per sq. ft. per year for 45,942.222 square feet of common boarding lounge area, and Lessee agrees to pay its pro rata portion of such fee according to the above formula. This fee is based on the total estimated costs projected by the City and the air carriers as necessary for compliance with 14 C.F.R. Part 107 in 1992, a copy of which estimate is attached hereto as Exhibit No. 1 and incorporated herein by reference, and the amount of square footage of common boarding lounge area being utilized by Certificated Passenger Air Transportation Companies at the Airport at the time the estimate was prepared. The total actual operational costs incurred by the Airport each year in complying with 14 C.F.R. Part 107 will be reviewed at the end of each such year by Lessee and the Director of Aviation and 'a pro rata adjustment made for either overpayment or underpayment of the fee necessary to defray all such actual costs. September 24, 1992 Page 782 City herein agrees to immediately adjust the rate charged to Lessee and other air carriers for any reduction in personnel whose positions are funded by the fee hereinabove discussed and for any other material changes in the total estimated costs projected by the City and such air carriers annually as necessary for compliance with 14 C.F.R. Part 107. City further agrees to establish a separate fund or account in which to maintain fees received from Lessee and other air carriers pursuant to this Section 7.08, and that all records indicating payments into and expenditures from this fund or account shall be subject to review by Lessee and such other air carriers. 2. All other terms and conditions of the Agreement executed between the City and Lessee on or about May 1, 1990, except as modified above, shall be and remain the same. However, as a debtor in possession under Chapter 11 of the United States Bankruptcy Code, Lessee neither affirms nor rejects such Agreement by executing this Addendum. EXECUTED this 24th day of September, 1992. CITY OF LUBBOCK BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bern Case Bern Case, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Exhibit is filed with Resolution No. 3968. ROCKY MOUNTAIN AIRWAYS, INC. D/B/A CONTINENTAL EXPRESS /s/ Sam Ashmore Sam Ashmore Senior Vice President ATTEST: /s/ Carlos Soto Carlos Soto This agreement with Continental Express is identical to the one explained in Item #22 above. The Airport Board unanimously approved this addendum in their September 16, 1992 Airport Board meeting. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #3968 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 783 (24.) Consider Resolution #3969 authorizing the Mayor to sign a Contract with Texas Tech University for campus bus service. RESOLUTION #3969 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with Texas Tech University to provide campus bus service, 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney A copy of the Contract is filed with Resolution No. 3969. The one-year Contract with Texas Tech University (TTU) for transit services began September 1, 1992 and will end August 31, 1993. Contract cost -per -hour will be $29 per bus, with monthly fuel cost adjustment above or below $1.05 per gallon. Citibus has contracted with TTU since 1968, and the fuel cost adjustment was added to the Contract in 1981. The City of Lubbock receives an equal amount from the Federal Transit Administration for each dollar collected from TTU and additional funds pay for system expenses which would otherwise be paid by the City. Citibus anticipates receiving $391,400 in FY 93. During the fall and spring semesters, Citibus will provide 11 buses (with wheelchair lifts) on two routes operating from 7:00 a.m. to 5:30 p.m., Monday through Friday. During the summer semester, three buses operating from 7:30 a.m. to 3:30 p.m., Monday through Friday will be provided. The Contract calls for a minimum of 13,500 hours of service, and Citibus provides this service with only part-time operators. September 24, 1992 Page 784 Signing of this Contract was delayed because of the following reasons: The original Contract was delivered to TTU on June 2, 1992 and TTU responded by asking for two changes, neither of which pertain to the contract price. The requested corrections were made and the Contract was returned to TTU during the week of June 8, 1992. Due to the TTU Board of Regents' schedule, it was not approved by them until August 21, 1992. The Contract was originally for a two-year period beginning August 31, 1992, and ending August 31, 1994. Contract cost would have been $29 per hour for the first academic year and $29.75 per hour during the second academic year, with monthly fuel cost adjustment above or below $1.05 per gallon. However, TTU staff only informed the Board of Regents about the $29 per hour price for the first year and didn't discuss the increase in the second year of the Contract. Because the Board of Regents will not meet again until late October, and in order to expedite this Contract as quickly as possible, TTU and the City Staff have agreed to a one-year contract. Staff recommended approval. Motion was made by Councilman Aderton, seconded by Councilman Ince to authorize Resolution #3969 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 785 92-51B-785-549 (25.) Consider Resolution #3970 authorizing the Mayor to execute an Addendum to Drainage Easement between the City of Lubbock and Escondido Oil, Inc. RESOLUTION #3970 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Addendum to Drainage Easement to be entered into by and between the City of Lubbock and Escondido Oil, 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney ADDENDUM TO DRAINAGE EASEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the CITY OF LUBBOCK, TEXAS, a home rule municipality located in Lubbock County, Texas, hereinafter called "City," and SENTRY SAVINGS ASSOCIATION, as trustee and authorized agent for several other financial institutions, hereinafter collectively called "Grantors," executed a Drainage Easement recorded in Volume 2655, Page 59 of the Real Property Records of Lubbock County, Texas, which Easement is hereby incorporated herein by reference and made a part hereof as if fully copied herein in detail; and WHEREAS, included within the above -referenced Drainage Easement was an agreement by the City to pay Grantors the sum of $141,000.00 for said Easement and for Grantors to escrow the sum of $110,000.00 in an interest -bearing account to be used for the development of a public park within five (5) years of the execution of said Easement; and WHEREAS, Escondido Oil, Inc., hereinafter called "Escondido," as the successor in interest to the Grantors in the Drainage Easement, is now obligated to perform the covenants contained therein, but also has all of the right, title and interest that Grantors had in and to the escrowed funds and interest added thereto; and WHEREAS, both the City and Escondido previously agreed to modify by an addendum the agreement contained within the Drainage Easement due September 24, 1992 Page 786 to the need for environmental investigations and data for property conveyed to Escondido by Grantors or their successors in interest; and WHEREAS, said previously executed addendum is recorded in Volume 3680, Page 33 of the Real Property Records of Lubbock County, Texas, and is hereby incorporated herein by reference and made a part hereof for all purposes; and WHEREAS, both the City and Escondido, for good and valuable consideration, now desire to again modify the agreement contained within the Drainage Easement; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT for and in consideration of the covenants made and to be performed by the City and Escondido in accordance with the language contained in the above -referenced Drainage Easement and the previously executed addendum thereto, City and Escondido herein agree as follows: 1. The first sentence of numbered paragraph 2 on page 3 of the Drainage Easement shall be amended to read as follows: It is further agreed herein that said park shall be built and completed within six (6) years of the execution of this Drainage Easement. 2. Numbered paragraph 3 on page 3 of the Drainage Easement shall be amended to read as follows: That said park shall be built within six (6) years from the execution of the Drainage Easement. In the event that Grantors fail to develop a park acceptable to the City Council within six (6) years, as herein set forth, then in such event Grantors shall pay over to the City of Lubbock the remaining funds contained in the escrow account hereinabove described. 3. Except as modified specifically by this addendum, said Drainage Easement filed of record in Volume 2655, Page 59 of the Real Property Records of Lubbock County, Texas, and the Addendum to Drainage Easement filed of record in Volume 3680, Page 33 of the Real Property Records of Lubbock County, Texas, shall remain in all other respects the same. September 24, 1992 Page 787 4. This addendum (in addition to said Drainage Easement and the previously executed addendum) shall be a covenant running with the land, and shall be binding on the successors and assigns of the City and Escondido. EXECUTED on this 24th day of September, 1992. CITY OF LUBBOCK ESCONDIDO OIL, INC. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ Henry Huneke HENRY HUNEKE, VICE-PRESIDENT BEFORE ME, the undersigned authority, personally appeared DAVID R. LANGSTON, MAYOR of the City of Lubbock, and acknowledged to me that he executed the above and foregoing instrument for the purposes and consideration therein expressed and in the capacity herein stated as the act and deed of said City. 1992. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of September, /s/ Sherri Hogan Notary Public in and for the State of Texas Sherri Hogan Typed or Printed Name of Notary September 24, 1992 Page 788 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, personally appeared HENRY HUNEKE, VICE-PRESIDENT of Escondido Oil, Inc., and acknowledged to me that he executed the above and foregoing instrument for the purposes and consideration therein expressed and in the capacity herein stated as the act and deed of said Corporation. 1992. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th day of September, /s/ Judith Strickland Notary Public in and for the State of Texas Judith Strickland Typed or Printed Name of Notary On October 7, 1987, the City Council authorized Resolution #2651 concerning the development of a park site in Kings Park Addition. According to the Resolution, the grantor was to deposit $110,000 in an escrow account and these funds, plus interest, are to be used to develop the property within five years from the date of execution of the agreement. Escondido Oil, Inc. plans have been approved by the Parks and Recreation Director, and construction has been initiated and as a successor to the previous grantor, has proceeded with execution of the agreement in good faith. Staff recommended approval for a one-year extension. Motion was made by Councilman Patterson, seconded by Councilman Ince to authorize Resolution #3970 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 789 92-51B-789-550 (26.) Consider Resolution #3971 authorizing the Mayor to sign Interlocal Agreements with Lubbock County for vector control services. RESOLUTION #3971 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 Vector Control Services Agreement by and between the City of Lubbock and the Commissioners' Court of Lubbock County, Texas, which agreement is 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita P. Harmon Rita P. Harmon, Assistant City Manager/Public Safety & Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney VECTOR CONTROL SERVICES AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THIS Interlocal Agreement entered into between Lubbock County, acting by and through its duly authorized County Judge, hereinafter called "County", and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called "City". WITNESSETH: WHEREAS, the County Commissioner's Court of Lubbock County, Texas, has determined that a need exists for vector control services in Lubbock County outside the city limits of the City of Lubbock; and WHEREAS, the City of Lubbock agrees to furnish such services upon the terms and conditions stated below: 1. The City agrees to provide vector control services for the entire area of Lubbock, including incorporated areas within the County. 2. The City in providing this service shall pay all necessary expenses of the personnel involved in this service, including salaries, administration expense, fringe benefits, transportation vehicles, and the maintenance and operation of transportation vehicles. September 24, 1992 Page 790 3. The term of this Agreement shall be from August 1, 1992 through September 30, 1995 It is understood and agreed however that the services contracted by this Agreement may commence before the final execution of this Agreement in order to protect the health of the citizens of Lubbock County. The monthly payments to be made under his agreement shall in that event be construed as commencing on the date that the City notifies the County that such service is ready to commence. 4. The County hereby agrees and obligates itself to pay to the City for this service monthly installments of $9,14.25. This monthly fee shall be paid by the County to the City on the 15th day of each month. If it becomes necessary to commence operations before final execution of this agreement by all parties, payments of $8,358.31 per month shall be made to the City for such prior service, notwithstanding that such payments shall cause the total amount paid to exceed the total amount hereinabove specified. It is further understood and agreed that in the event additional mosquito applications are necessary, due to heavier than normal rains or an encephalitis outbreak, the County shall pay the direct cost for such additional applications beyond six per year. Detailed costs of this program are shown in the estimated cost exhibit attached hereto as Exhibit A, which exhibit is made a part hereto by reference. 5. This Agreement may be amended or terminated by either party upon 30 days written notice to the other party. EXECUTED THIS 24TH DAY OF SEPTEMBER, 1992. COMMISSIONERS' COURT OF LUBBOCK COUNTY, TEXAS: /s/ Don McBeath Don McBeath, County Judge ATTEST: /s/ Ann Davidson Ann Davidson, County Clerk APPROVED AS TO FORM: /s/ Sunn Ratliff Sunny Ratliff, Assistant District Attorney CITY OF LUBBOCK: /s/ David R. Langston David R. Langston, Mayor ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita P. Harmon Rita P. Harmon, Assistant City Manager/Public Safety & Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Exhibit A is filed with Resolution No. 3971. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Trejo to authorize Resolution #3971 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 791 92-51B-791-551 (27.) RESOLUTION #3972 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 Sewage Facilities Inspection Agreement by and between the City of Lubbock and the Commissioners' Court of Lubbock County, Texas, which agreement is 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita P. Harmon Rita P. Harmon, Assistant City Manager/Public Safety & Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney September 24, 1992 Page 792 SEWAGE FACILITIES INSPECTION AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THIS Interlocal Agreement entered into between Lubbock County, acting by and through its duly authorized County Judge, hereinafter called "County", and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called, "City". WITNESSETH: WHEREAS, the County Commissioners' Court of Lubbock County, Texas has by adoption of On -Site Waste Disposal Order No. 152, as amended, passed May 14, 1990, determined that a need exists to regulate private sewage facilities in the areas of Lubbock County outside the city limits of the City of Lubbock; and WHEREAS, the County has requested the City to assume the duties of the County as licensing authority as set forth in On -Site Waste Disposal Order No. 152, as amended, a copy of which order and amendments is attached hereto as Exhibit A and made a part hereof by reference; and WHEREAS, the City of Lubbock agrees to furnish the services of the City Health Department sanitarians for such purposes on the terms and conditions stated below: 1. The City agrees that inspectors from the City Health Department shall be furnished for the purpose of making sewage inspections and related services, including the Veterans Administration and Federal Housing Administration required inspections for water and sewage disposal systems for loan purposes, in the County outside the city limits of the City of Lubbock. 2. The City in providing this services shall pay all necessary expenses of the personnel involved in this service, including salaries, administration expense, fringe benefits, transportation vehicles, and the maintenance and operation of transportation vehicles. 3. The City shall retain any fees generated by the services stated herein. 4. The County hereby agrees and obligates itself to pay to the City for these services monthly installments of $2,687.22. This monthly fee shall be payable by the County to the City on the 15th day of each month. A detailed cost estimate is attached hereto as Exhibit B. 5. The term of this Agreement shall be from August 1, 1992 through September 30, 1995. September 24, 1992 Page 793 6. This Agreement may be amended, including the amounts for fees provided hereinabofe, or terminated by either party upon 30 days written notice to the other party. EXECUTED THIS 24TH DAY OF SEPTEMBER, 1992. COMMISSIONERS' COURT OF CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS: /s/ Don McBeath Don McBeath, County Judge ATTEST: /s/ Ann Davidson Ann Davidson, County Clerk APPROVED AS TO FORM: /s/ Sunny Ratliff Sunny Ratliff, Assistant District Attorney /s/ David R. Langston David R. Langston, Mayor ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita P. Harmon Rita P. Harmon, Assistant City Manager/Public Safety & Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Exhibit "A" and "B" are filed with Resolution No. 3972. Doug Goodman, Health Administrator, stated that the City has provided Lubbock County residents with Vector Control and Private Sewage Inspection Services for more than ten years, and he noted the 3-year term for the contracts. According to Mr. Goodman, the vector control contract is based on an average rainfall in the county each year, and it is expected the City will spray populated areas of the county six times per year. The contract also assumes the department will larvicide 350 county playa lakes six times each year. The cost to the county for mosquito control is $86,380 per year and for rodent control, an additional $20,136. The monthly rate for the new Vector Control Agreement is $9,145.25 including a 3% per year inflation factor which represents a 9% increase. The Sewage Facilities Inspection Agreement is based on the City of Lubbock furnishing an employee to work in Lubbock County 90% of his time. An average of 230 septic tanks are installed in the county each year; the cost for control of private waste disposal will be $32,246.64 per year. In 1989, the county increased the permit fee (which is retained by the City) from $55 to $75. County Commissioners asked that $20 of this increased permit fee (estimated for FY 1992-95 to be $4,600 per year) be used by the City to offset the cost of providing services. The FY 1992-95 Contract includes a 3% inflation facor per year and the monthly rate for sewage facilities inspection payable to the City will be $2,687.22. Staff supported the Board of Health recommendation for approval of this Contract. September 24, 1992 Page 794 Motion was made by Councilman Patterson, seconded by Councilman Aderton to authorize Resolution #3972 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51B-794-552 (28.) Consider Resolution #3973 authorizing the Mayor to sign an Agreement with the Texas Department of Health for health services within the community. RESOLUTION #3973 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 Texas Department of Health and the City of Lubbock for health services, attached herewith, and all associated documents, 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Public Health Administrator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution No. 3973. This contract between the City of Lubbock and the Texas Department of Health allows the City Health Department to participate as one of 76 State Affiliated Health Departments for funds, personnel, supplies, and consultative services for the following services: Maternal and Child Health AIDS Immunizations Laboratory Dental Family Planning Sexually Transmitted Diseases AIDS Education The contract amount (direct and indirect financial assistance) is for $657,123 which represents a 7% increase over last year's contract and most of which is a result of increased vaccines costs. This one-year agreement provides funds for 21 employees, with 5 receiving State paychecks. The state provides funds or salaries for 58% of all nursing personnel employed. September 24, 1992 Page 795 With this level of funding the City Health Department projects a total of 54,000 patient encounters, over 20,000 immunizations, and more than 265,000 laboratory tests performed. The Contract requires that all individuals be served regardless of their ability to pay and because of this, 15-20% of patients come from outside the City. This year a new Article 7 to the General Provision states that, by signing the contract, the City is not debarred, suspended, or declared ineligible to participate in transactions from any federal department or agency. Some additional expense will occur due to federal standards (CLIA and OSHA): 1. Community and Rural Health ($302,009) related to Immunizations, Food Protection, Maternal and Child Health, and Chronic Disease Prevention and Control. 2. Maternal and Child Health ($285,449) related to services for maternity, family planning, child health, and case management services. 3. HIV Division ($36,000) for health education/risk reduction projects to prevent infection and reduce transmission of human immunodeficiency virus/acquired immunodeficiency syndrome. 4. HIV Division ($33,665) to conduct counselling, testing, referral, and partner notification activities to reduce the spread of HIV/AIDS. This Contract will provide $657,123 in assistance to the Health Department for funds or salary for support of 58% (or 19 positions) of the nursing staff, one medical technologist and one administrative technician. Total funds include $14,000 in laboratory support and $127,283 in vaccine used by the department. The Performance -Based Contract Objectives have been previously negotiated between the City Health Department and the Texas Department of Health. September 24, 1992 Page 796 Changes in this year's Contract include: 1. The City agrees to bill third party payors for services including "private insurance carriers, other federal, state, local, and private funds, etc." and "It is further understood that Receiving Agency will base future funding levels, in part, upon the Performing Agency's proficiency in identifying, billing, collecting, and reporting income, and in utilizing it for the purposes and conditions of the applicable Attachment(s)." In the past Staff have not billed private insurance companies and have always referred individuals with insurance to private providers. 2. Assurance that Staff will comply with the National Environmental Policy Act, conform to the Federal actions to State Implementation Plans of the Clean Air Act, comply with the Safe Drinking Water Act, comply with the Clinical Laboratory Improvement Amendments, and comply with OSHA Regulation on Bloodborne pathogens. The Legal Department does not see this as a cause for alarm but could result in increased costs in supplies, protective clothing, laundering, training programs, storage containers for contaminated waste, etc. In addition to the direct benefits enumerated in the Contract, the City receives many indirect benefits from its State affiliation. By being a State Affiliated Health Department, the City of Lubbock has access to all resources of the Texas Department of Health including medical consultations, pamphlets, educational seminars, assistance during disease outbreaks, etc. Staff supports the Board of Health recommendation for approval of this contract and all future amendments during the forthcoming year. Motion was made by Mayor Pro Tem Trejo, seconded by Councilman Neugebauer to authorize Resolution #3973 as recommended by Staff. Motion carried: 7 Yeas; Nays. September 24, 1992 Page 797 92-51B-797-553 (17.) ORDINANCE #9556--Zone Case #2691 (Northeast of Parkway Drive and Guava Avenue) --Request of Kenneth ORDINANCE #9556 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2691; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH AND CHURCH RELATED USES, ON A TRACT OUT OF SECTION 3, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the hearing at 10:31 a.m. Kenneth Burns appeared on behalf of Divine Love Baptist Church to present this request for zone change to allow a new church at Guava and Parkway Drive. No one appeared in opposition. Mayor Langston closed the hearing at 10:33 a.m. Randy Henson, Senior Planner, gave the adjacent land use relationships as follow: North - vacant South - vacant East - vacant West - residential E L According to Staff memo, the Comprehensive Land Use Plan allows church locations adjacent to thoroughfares and on the perimeter of neighborhoods. This request meets both criteria; the location is at the intersection of a major thoroughfare (Parkway Drive) and north/south collector (Guava). With the standard condition limiting the use to church and church related, the request is consistent with zoning policy and should have little effect on traffic. The Planning and Zoning Commission recommended approval of this request and Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilman Patterson, seconded by Councilman Aderton to pass on first reading Ordinance #9556 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 798 92-51B-798-554 (18.) ORDINANCE #9557 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2692; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE FOR A BUILDING SUPPLY CENTER ON A TRACT OUT OF SECTION 2, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the hearing at 10:34 a.m. David Goyette appeared on behalf of McCoy Corporation to present this request for zone change. No one appeared in opposition. Mayor Langston closed the hearing at 10:37 a.m. Randy Henson, Senior Planner, gave the adjacent land use relationships as follow: North - zoned C-4 South - single family East - commercial West - commercial According to Staff memo, the property is currently zoned C-4. The zoning policy issue promoted staff support for a Specific Use Permit as some building materials are to be stacked outside of a building. Rather than recommend an M-1 request at this site which would be out of context with the Comprehensive Land Use Plan, Staff requested that McCoys propose a master plan that completely screens the proposed stack area. Mr. Henson noted that this case is styled much like existing C-4 Specific Use Permit at Gebo's to the east which also allowed a limited amount of outside storage that is contrary to the open C-4 zoning district. The request should have little effect on traffic in the area. The Site Plan indicates striped parking spaces at a ratio of approximately vehicle per 314 square feet of the retail store. Also, a portion of the landscaped area is on the side and rear of the property which is not normally counted. The landscape on the front is an effective use of space and should be an asset to the area. The proposed sign on the Site Plan meets the code. The Planning and Zoning Commission recommended approval of this request subject to the following condition: 1. No outside stack materials may be taller or higher than the proposed eight foot screening fence. September 24, 1992 Page 799 Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilman Patterson, seconded by Councilman Aderton to pass on first reading Ordinance #9557 with condition recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 92-51B-799-555 (29.) Consider Resolution #3974 creating Landfill Siting Advisory Task Force. RESOLUTION #3974 WHEREAS, the City Council has under discussion the permitting of a new landfill site for the City of Lubbock; and WHEREAS, the City Council has determined that additional study to develop siting criteria for the new landfill, to review the general area for possible landfill sites, to prioritize various sites based on their advantages and disadvantages is required; and WHEREAS, the City Council had determined that all the above issues may best be reviewed by a regional citizen group; and WHEREAS, such citizen group may find it helpful to solicit additional help from volunteer citizens who posses special expertise to act as ADHOC subcommittee members; and WHEREAS, such citizen group should be made up of a cross section of the community; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: f ' L. SECTION 1. THAT there is hereby created and established a Landfill Siting Advisory Task Force consisting of eleven (11) members who shall be appointed by the City Council. SECTION 2. THAT each member of the Landfill Siting Task Force shall serve no greater than two (2) years or until a final recommendation is made to the Council, whichever is less time. SECTION 3. THAT in the event that a vacancy occurs on The Task Force for any reason, then in such event the City Council shall appoint a person to fill such vacancy for the unexpired term of such appointee. SECTION 4. THAT the Task Force shall appoint one of its members as Chairperson and one of its members as Vice Chairperson. It shall be the duty of the Chairperson to preside at all meetings of the Task Force and the Vice Chairperson shall preside in the absence of the Chairperson. The Solid Waste Management Department shall keep records and provide assistance to the Task Force as required to enable them to perform their duties. SECTION 5. THAT any and all recommendations made by the Task Force to the City Council shall be made by the concurring vote of at least six (6) members of the Task Force. A majority of the total membership of the Task Force shall constitute a quorum for the transaction of all matters to be considered by the Task Force. This Task Force is further authorized to establish Ad Hoc Citizen Subcommittees made up of citizen volunteers appointed by the Task Force when such action is deemed advisable by the Task Force to assist it in the discharge of its duties. The Ad Hoc Citizen subcommittees shall have no right to vote on any matter before the Task Force and shall only make recommendations to the Task Force as a whole. SECTION 6. THAT the Task Force may adopt rules for its internal operation not inconsistent with the terms and conditions of this Resolution. September 24, 1992 Page 800 SECTION 7. THAT the Task Force shall meet as often as said Task Force deems necessary to discharge their duties hereinafter set forth. SECTION 8. THAT the Task Force shall undertake the following duties: (a) Become knowledgeable about local and regional solid waste issues. This will include the following information: (1) Waste generation rates. (2) The SPAG Regional Solid Waste Management Plan. (3) Landfill operations and landfill life remaining in existing Lubbock Landfill. (4) Environmental Protection Agency Subtitle "D" Regulations impact on rural and suburban landfills. (b) Become familiar with local waste flows. This information will include but not be limited to the following: (1) Information regarding the final disposition for the waste generated locally. (2) Information regarding the final disposition for the waste generated in the region. (c) Become knowledgeable about local, state and federal regulations regarding the siting of a Type I Municipal Solid Waste Landfill. This information will include but not be limited to the following: (1) Environmental Protection Agency Subtitle "D" Regulations. (2) State of Texas Municipal Solid Waste Management Regulations. (3) The Federal Aviation Administration Landfill Siting Restrictions with respect to Airports. (4) The State of Texas, Texas Antiquities Code. (d) Recommend criteria to be used in determining site selection of a Type I Municipal Solid Waste Landfill. In this respect, the Task Force shall consider the following: (1) Surface soil considerations (2) Subsurface soil considerations (3) Groundwater considerations (4) Proximity to neighborhoods (5) Proximity to road network (6) Proximity to airports (7) Potential of archeologically sensitive area September 24, 1992 Page 801 (8) Proximity to waste generators (9) Compatibility with surrounding land uses (10) Compatibility with zoning restrictions (11) Compatibility with future growth (e) Review geographical layouts and land use analysis regarding the surrounding areas to develop probable areas for siting. (f) Identify and evaluate potential candidate sites. This information shall include but not limited to the following: (1) Examine potential sites submitted for consideration and eliminate from consideration those sites that obviously does not meet the selection criteria (i.e., too small, adjacent to restrictive areas such as airports, etc.). (2) Based upon the established criteria identify the top three (3) primary candidate sites. (3) Review the detailed evaluation of the top three (3) primary candidate sites using specific site evaluation criteria such as primary geotechnical investigation, development cost, transportation cost to the site, permit requirements, likelihood of opposition and other factors that allow differentiation between acceptable sites. (4) Present the recommended site to the City Council. (g) Develop a tentative plan for potential future solid waste facilities on site. This information will include but not limited to the following: (1) Which ancillary and support facilities will be allowed to develop on the site. (2) Examples of other facilities include: recycling facilities, composting facilities, maintenance facilities, incineration facilities, other solid waste final disposition technologies, and other facilities which may develop in the future. September 24, 1992 Page 802 SECTION 10. The Task Force shall make its final recommendations to the City Council within 180-270 days of the initiation of the terms of the members of the Task Force. Upon receipt of the final report and recommendations by the City Council the Task Force as herein created shall cease to exist and be of no further force or effect. Passed by the City Council this 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita P. Harmon Rita P. Harmon, Assistant City Manager/Public Safety & Services APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney During the City Council Work Session of September 10, 1992, Council authorized Staff to develop a Resolution creating a Landfill Siting Advisory Task Force. The work by this 11-member Task Force will include: 1. Recommending criteria to be used in determining site selection of a Type I Municipal Solid Waste Landfill. 2. Becoming familiar with local waste flows. 3. Becoming knowledgeable about local, state and federal regulations regarding the siting of a Type I Municipal Solid Waste Landfill. 4. Becoming knowledgeable about local and regional solid waste issues. 5. Reviewing geographical layouts and land use analysis regarding the surrounding areas to develop probable areas for siting. 6. Identifying and evaluating potential candidate sites. 7. Developing a tentative plan for potential future solid waste facilities on site. The Task Force will make its final recommendations to the City Council within 180-270 days of the initiation of the terms of the members of the Task Force. September 24, 1992 Page 803 Staff recommended approval. Motion was made by Councilman Neugebauer, seconded by Councilman Ince to authorize Resolution #3974 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51B-803-556 (30.) Consider Resolution #3975 authorizing the Mayor to approve an application for a State administered, Federally financed Occupant Protection Selective Traffic Enforcement Grant (Seat Belt). RESOLUTION #3975 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 Texas Traffic Safety Program Grant Agreement between the State of Texas and the City of Lubbock for a traffic safety project described as an Occupant Protection Selective Traffic Enforcement Project (O.P. S.T.E.P.), 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Beatriz M. Rodriguez Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Donald Bridgers Donald Bridgers, Chief of Police APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Traffic Safety Program Grant Agreement is filed with Resolution No. 3975. The Statewide goal for fiscal year 1993 is 75% safety belt use by drivers, 70% front seat passengers, and children ages 0 to 4. Lubbock currently has a safety belt use rate of 70%, and has a child passenger restraint rate of 50.6%. The objective is to increase safety belt use among drivers and front seat passengers by 5% and child safety seat use by 10% by the end of the contract period by way of public information and education program and a vigorous enforcement policy. Awards for this grant have been set immediately upon Council approval. This is a 100% funded grant in the amount of $35,000 to be administered during FY92-93. September 24, 1992 Page 804 Staff recommended approval of this Resolution. Motion was made by Councilman Patterson, seconded by Councilman Cooke to authorize Resolution #3975 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. O1II&I1:1:%li'2&161V1 (31.) Consider Resolution #3976 authorizing the Mayor to approve an application for a State administered, Federally financed Driving While Intoxicated Selective Traffic Enforcement Grant (DWI STEP). RESOLUTION #3976 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 Texas Traffic Safety Program Grant Agreement between the State of Texas and the City of Lubbock for a traffic safety project described as a Driving While Intoxicated Selective Traffic Enforcement Project (D.W.I. S.T.E.P.), 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Beatriz M. Rodriguez Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Donald Bridgers Donald Bridgers, Chief of Police APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Traffic Safety Program Grant Agreement is filed with Resolution No. 3976. This is a continuation of an ongoing grant program utilizing off duty personnel working overtime to enhance the detection and apprehension of drunk drivers. Awards for this grant have been set for October 1, 1992 upon Council approval. This is a 50-50 grant in the amount of $70,000 to be administered during FY92-93. Staff recommended approval of this Resolution. Motion was made by Councilman Patterson, seconded by Councilman Cooke to authorize Resolution #3976 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 805 (32.) Consider Resolution #3977 authorizing the Mayor to approve an application for a State administered, Federally financed Driver Behavior Selective Enforcement Grant (TRASER). RESOLUTION #3977 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 Texas Traffic Safety Program Grant Agreement between the State of Texas and the City of Lubbock for a traffic safety project described as a Driver Behavior Selective Enforcement - Traser, 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Beatriz M. Rodriguez Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Donald Bridgers Donald Bridgers, Chief of Police APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Texas Traffic Safety Program Grant Agreement is filed with Resolution No. 3977. This is a continuation of an ongoing grant program utilizing a data entry clerk to input traffic information relating to accidents and non-compliance of traffic law and allows identification of areas in the City that need enhanced enforcement in any category, including high incidents of DWI. Awards for this grant have been set for October 1, 1992 upon Council approval. This is a 50-50 funded grant in the amount of $20,000 to be administered during FY92-93. Staff recommended approval of this Resolution. Motion was made by Councilman Patterson, seconded by Councilman Cooke to authorize Resolution #3977 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 806 92-51B-806-559 (33.) Consider Resolution #3978 authorizing the Mayor to approve an application for a State administered, Federally funded National Maximum Speed Limit Enforcement Grant (STEP 55). RESOLUTION #3978 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 Texas Traffic Safety Program Grant Agreement between the State of Texas and the City of Lubbock for a traffic safety project described as a National Maximum Speed Limit (NMSL STEP), 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Beatriz M. Rodriquez Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Donald Bridgers Donald Bridgers, Chief of Police APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Texas Traffic Safety Program Grant Agreement is filed with Resolution No. 3978. This is a continuation of an ongoing grant program utilizing off -duty personnel working overtime to enforce the 55 mph speed limit on highways within the City of Lubbock. Awards for this grant have been set for October 1, 1992 upon Council approval. This is a 50-50 grant in the amount of $35,000 to be administered during FY92-93. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Cooke to authorize Resolution #3978 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 807 92-51B-807-560 (34.) Consider Resolution #3979 authorizing the Mayor to RESOLUTION #3979 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the Contract for Sale and Purchase of Treated Sewage Effluent between the City of Lubbock and Southwestern Public Service Company, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of September, 1992. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Assistant City Manager of Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney AMENDMENT /s/ David R. Langston DAVID R. LANGSTON, MAYOR This Amendment is made and entered into this 1st day of October, 1992, to the Contract for Sale and Purchase of Treated Sewage Effluent dated May 1, 1968 (the "Agreement") between the CITY OF LUBBOCK ("Lubbock") and SOUTHWESTERN PUBLIC SERVICE COMPANY ("Company"). NOW, THEREFORE, in consideration of the mutual promises herein contained and the mutual benefits to be obtained the City and the Company agree to amend the Agreement as follows: September 24, 1992 Page 808 1. ARTICLE III - RATE AND PAYMENT shall be deleted in its entirety and replaced with the following: ARTICLE III - RATE AND PAYMENT 3.1 Company shall pay City the following price per one thousand (1,000) gallons of sewage effluent water delivered by City under the terms of this Agreement: Base Rates (a.) Thirty-six cents (.36) per one thousand (1,000) gallons for the first one billion four hundred forty million (1,440,000,000) gallons delivered each contract year. (b.) Twenty-five cents (.25) per one thousand (1,000) gallons in excess of one billion four hundred forty million (1,440,000,000) gallons delivered each contract year. 3.2 The Base Rates per one thousand (1,000) gallons of sewage effluent water set forth in Section 3.1 shall be adjusted for the contract year commencing October 1, 1993, and annually thereafter (Annual Adjustment Date) as follows: Base Rate Adjustments R = A(.5B + .5D) C E Where: A = each base rate charged for sewage effluent water in the year preceding the Annual Adjustment Date (Annual Adjustment Year). B = the weighted average cost per kilowatt hour of electric energy delivered by SPS to LP&L during the Annual Adjustment Year. C = the weighted average cost per kilowatt hour of electric energy delivered by SPS to LP&L during the year immediately preceding the Annual Adjustment Yer. D = Consumer Price Index Revised -Urban Wage Earners and Clerical Workers (CPI-W) for the Annual Adjustment Year as published in September. E = the CPI-W for the year immediately preceding the Annual Adjustment Year as published in September. R = the Adjusted Base Rate. 3.3 If the City delivers sewage effluent water that fails to meet the quality standards set forth in ARTICLE VII - QUALITY, the following rates and penalties will apply: (a.) For all sewage effluent water delivered by the City that has a pH lower than 6.0 or higher than 9.0 as determined by grab sample or continuous monitoring by the Company at the Delivery Point, the Company will only pay the City a total price of one cent (1 cent) per one thousand (1,000) gallons. September 24, 1992 Page 809 (b.) For all sewage effluent water delivered by the City on or before December 31, 1994, that fails to conform to the quality standard for suspended solids (SS) or biochemical oxygen demand (BOD) set forth in ARTICLE VII - QUALITY, subparagraphs b. and d., except that such samples shall be taken at the City of Lubbock Wastewater Treatment plant's effluent sump, by 24-hour composite sampling, analyzed by standard methods in the City's laboratory, and as reported to the Texas Water Commission, the following percentage penalties shall apply to reduce the Base Rates or Adjusted Base Rates then in effect: SS or BOD Penalty 45-50 ppm 10% 51-55 ppm 20% 56-60 ppm 30% 61-70 ppm 50% 70 + ppm 100% (c.) For all sewage effluent water delivered by the City on or after January 1, 1995, that fails to conform to the quality standard for suspended solids (SS) or biochemical oxygen demand (BOD) set forth in ARTICLE VII - QUALITY, subparagraphs b. and d., except that such samples shall be taken at the City of Lubbock Wastewater Treatment plant's effluent sump, by 24-hour composite sampling, analyzed by standard methods in the City's laboratory, and as reported to the Texas Water Commission, the following percentage penalties shall apply to reduce the Base Rates or Adjusted Base Rates then in effect: SS or BOD Penalty 25-30 ppm 10% 31-35 ppm 20% 36-40 ppm 30% 41-50 ppm 50% 50 + ppm 100% (d.) For all sewage effluent water delivered by the City on or after January 1, 1995, that fails to conform to the quality standards for residual chlorine set forth in ARTICLE VII s QUALITY, subparagraph c., a 50% penalty will apply. (e.) If sewage effluent water delivered by the City fails to conform to more than one of the quality standards set forth in ARTICLE VII - QUALITY, the penalty that reduces the price the greatest amount will apply. However, the amount of the penalty shall not exceed 100%. 2. ARTICLE V - MINIMUM CHARGE shall be deleted in its entirety and replaced with the following: September 24, 1992 Page 810 ARTICLE V - MINIMUM CHARGE 5.1 The quantity of sewage effluent water delivered and accepted shall at all times by within the control of the Company; provided, however, the Company shall take and apy for or pay for if not taken a minimum of one billion four hundred forty million (1,440,000,000) gallons each contract year from and after October 1, 1992. The Company shall pay the rate specified in this Amendment for the quantity of sewage effluent water used and the same rate for the remainder of its minimum quantity obligation. However, if the Company demands and the City is unable to deliver due to force majeure at least seven million (7,000,000) gallons a day, the Company's minimum obligation (1,440,000,000) for the year shall be reduced by the amount of gallons up to seven million (7,000,000) gallons for each day that the Company demands and the City is unable to deliver that quantity unless the City provides other water that meets the minimum quality standards set forth in ARTICLE VII - QUALITY. If the City makes other water available for delivery that satisfies both the quality and quantity requirements of this Agreement, the Company's annual minimum quantity obligation shall not be reduced. 5.2 If for any reason other than force majeure the City fails to deliver upon demand by the Company at least seven million (7,000,000) gallons a day, the Company's minimum obligation (1,440,000,000) for the year shall be reduced by seven million (7,000,000) gallons, without reduction for any lesser amount actually delivered, for each day that the Company demands and the City fails to deliver at least seven million (7,000,000) gallons unless the City provides other water that meets or exceeds the minimum quality standards set forth in ARTICLE VII - QUALITY and satisfies the City's deliverability obligation under this Agreement. The foregoing reduction of the Company's minimum obligation for the year shall be in addition to any and all remedies at law or equity available to the Company for City's failure to satisfy the daily deliverability obligation. 3. The terms and conditions of the Agreement not changed by this Amendment shall remain in full force and effect. 4. In the event of any inconsistency between the Agreement and this Amendment the inconsistency shall be resolved in favor of this Amendment. The parties have caused this Amendment to be executed by their duly authorized representatives as of the date first above written. SOUTHWESTERN PUBLIC SERVICE COMPANY /s/ Henry H. Hamilton Henry H. Hamilton Vice President, Production CITY OF LUBBOCK /s/ David R. Langston David R. Langston Mayor ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald Assistant City Manager September 24, 1992 Page 811 On May 1, 1968, the City of Lubbock entered into an agreement with Southwestern Public Service Company to furnish treated effluent from the City's new Wastewater Treatment Facility. The effluent is to be used as cooling water for the newly constructed SPS Jones Station Electric Generating Plant, constructed east of the City just south of Yellowhouse Canyon. The City's new wastewater treatment plant was constructed at the location of the first two wastewater treatment plants just north of 38th Street on Guava Avenue, in 1970. The Jones Generating Station is a gas -fired facility, used basically whenever the electrical demand is high or when the price of natural gas is less than coal. When coal is cheaper, SPS operates its Tolk Generation Plant (near Muleshoe) to supply power to this service area. For this reason, the Jones Station has normally operated as a standby station, on "Spinning Reserves", and has typically under-utilized its contracted cooling water reserves from the City of Lubbock. The 1968 Contract provided for a minimum quality and quantity of effluent, with the SPS Jones Station performing final treatment at their plant to meet the requirements for cooling water. The 1968 Contract is very cumbersome, with several complicated formulas for compilation of the costs for the treated effluent. Currently the rate per 1,000 gallons pumped to SPS is based on pro -rated costs of operation and maintenance of the particular treatment plant constructed in 1970, a constant flow rate and a high flow rate, as well as pro -rated costs of the amortized capacity of the plant. To perform a routine check of the bookkeeping for the 1991 annual charges and cost adjustments, SPS sent two accountants who spent two weeks researching the City's accounting records. The result of the audit was that the City's charges were disputed and, further, that the accounting trail needed to be clarified to ease future audits. It was determined that such enhanced record keeping would require extensive staff time to perform, and would not be cost effective. SPS and the City mutually agreed to calculate a base rate necessary to account for the minimum contract reserves, with a second tier rate for all gallons used above the minimum. The proposed amendment to the Contract basically establishes a rate per 1,000 gallons for the effluent pumped to SPS for a minimum (take -or -pay) amount of reserved capacity, and second tier rate per 1,000 gallons for all effluent used by SPS above the minimum. This amendment will resolve the concerns with justification of the billing, ease billing preparation, and provide for cost escalation based upon CPI-W. All other items in the 1968 Contract will remain unchanged by the amendment. Assuming SPS uses the same volumes next year as this year, this agreement would decrease the City's revenue estimates by as much as $100,000. If their volumes pick up, estimates would remain unchanged. In any event, this approach would be more equitable to both parties. September 24, 1992 Page 812 92-51B-812-561 (35.) Staff recommended approval of this Resolution. Motion was made by Councilman Aderton, seconded by Councilman Patterson to authorize Resolution #3979 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3980 authorizing the Mayor to RESOLUTION #3980 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to the December 6, 1990, Agreement for Engineering Services for renovation of the City of Lubbock Water Treatment Plant, by and between the City of Lubbock and HDR Engineering, Inc., which Amendment is 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 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins, P.E. Director of Water Utilities . 6111 l4Pl l;INfil111Z1a /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Attachment A-3, Attachment B-3, and Attachment C-3 to the Agreement for Engineering Services with HDR are filed with Resolution No. 3980. The Water Treatment Plant Terminal Storage Reservoir located near the Lubbock International Airport was constructed to allow the City of Lubbock to store untreated Lake Meredith water for peaking supply during the City's maximum water consumption months (summer irrigation). The reservoir's capacity is 400 million gallons and enables the City to accept water deliveries from the Canadian River Municipal Water Authority (CRMWA) during the winter months for use in the summer. September 24, 1992 Page 813 In early 1984, the plastic liner became very tightly stretched and some movement (slope failure) of the underlying dirt berm was evident. The reservoir's design engineer, Freese & Nichols, was contacted and representatives from Freese & Nichols and Schlegel Lining Technologies, the reservoir's original liner installer, visited the site. These representatives determined that the liner was functioning properly but that there had indeed been movement of the underlying berm material. After several subsequent operating seasons, the berm movement had not stabilized and future, more substantial berm movement occurred. Water Department personnel made repairs to the northeast section of the berm and liner material in 1987. In 1989, the berm again showed signs of movement, and movement was also observed in the southwest corner of the reservoir. Additional repairs and stabilization efforts were performed by in-house personnel in both 1989 and 1990; however, these repairs proved unsuccessful and substantial movement was later observed around the entire reservoir. By this time it was evident that permanent repairs and stabilization would need to be more extensive. In 1991, at the City's request, HDR Engineering (which was under contract with the City for design of improvements to the municipal water treatment plant) examined the reservoir to investigate the cause of the chronic berm problem. Based upon this limited examination, HDR determined that the berm problem is the result of fine silt and sand being washed out of the berm mass as the water level in the reservoir rises and falls. Their preliminary report stated that the problem is expected to continue, causing accelerated deterioration unless permanent repairs are made. They recommended the City not operate the reservoir until the repairs are made and without this reservoir the City could not meet annual peak demands for water. On April 23, 1992, the City Council authorized an amendment to the existing contract with HDR Engineering, Inc. which provided for the preparation of plans, specifications, bid documents and cost estimates for the repair and stabilization of the Lubbock Water Treatment Plant Terminal Storage Reservoir. HDR estimated that the cost of permanent repairs and stabilization, based on known areas of damage, was $1,750,000 and funds for this project are included in the current Capital Projects Budget. HDR has completed plans and specifications and this project is now out for bid. September 24, 1992 Page 814 92-51B-814-562 (36.) WHEREAS, resignation to said date; and Since HDR Engineering has provided all engineering services on this project through the preparation of the bid documents, Staff recommended that HDR be authorized to oversee the construction phase. The amendment currently proposed provides for additional engineering services to administer the construction contract during the construction phase of this project. This contract will provide that HDR make periodic visits to the construction site to observe the progress and quality of work, make recommendations concerning the disapproval or rejection of work not done in conformance with the contract documents, review or take appropriate action with respect to shop drawings, samples and other data the contractor is required to submit, and evaluate the acceptability of any substitute materials and equipment proposed by the contractor. As the owner's representative, HDR would have the authority to require special inspection or testing of the work and receive and review all certifications of inspections and approvals required. HDR would also act as the initial interpreter of the requirements of the contract documents and judge the acceptability of the work performed. Staff recommended approval of the contract amendment to HDR Engineering for engineering services to be billed on an hourly basis not to exceed a total of $13,500. Also, subcontract personnel services will be billed at cost; all non -labor costs (reimbursable expenses) will be billed at cost. Billings for reimbursable expenses are estimated to be $1,500. Motion was made by Councilman Cooke, seconded by Councilman Aderton to authorize Resolution #3980 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #3981 appointing Acting City Manager. RESOLUTION #3981 the City Manager of the City of Lubbock tendered his the City Council on September 10, 1992 to be effective on WHEREAS, the City Council accepted said resignation effective September 10, 1992; and WHEREAS, the City Council desires to appoint Bob Cass, Deputy City Manager as Acting City Manager until a permanent replacement is appointed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Bob Cass, Deputy City Manager, is hereby appointed to the position of Acting City Manager. SECTION 2. THAT Bob Cass shall serve as Acting City Manager until the City Council appoints a new City Manager for the City of Lubbock. September 24, 1992 Page 815 SECTION 3. THAT Bob Cass is hereby authorized to discharge all of the duties and responsibilities of the office of City Manager and to possess all of the authority vested in said office until the City Council of the City of Lubbock appoints a new City Manager. Passed by the City Council this 24th day of September, 1992. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Deputy City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney This Resolution is to appoint Bob Cass as Acting City Manager and to provide authorization for the discharge of all duties and responsibilities of that office and the authority vested in said office during his tenure as Acting City Manager. Motion was made by Councilman Patterson, seconded by Councilman Ince to authorize Resolution #3981 as recommended by Staff. Motion carried: 7 Yeas; 0 LW Nays. 92-51B-815-563 (37.) BID #12102--Mobile Performance Center (Fleet Management). 92-51B-815-564 (38.) Wenger Corporation Staff recommended awarding of this bid to Wenger Corporation in order to take advantage of the extended warranty. Motion was made by Councilman Neugebauer, seconded by Councilman Patterson to accept bid of Wenger Corporation. Motion carried: 7 Yeas; 0 Nays. Landfill Siting Advisory Task Force 92-51B-815-565 (39.) Consider 11 appointments to the Landfill Siting Advisory Task Force. Motion was made by Councilman Neugebauer, seconded by Councilman Cooke to table this item until the October 6, 1992 City Council meeting. Motion carried: 7 Yeas; 0 Nays. September 24, 1992 Page 816 There being no further business to come before Council, motion was made by Councilman Neugebauer, seconded brInce an Aderton to adjourn the meeting at 4:15 p.m. Motion carried Yeas; Nays --Councilman Cooke, Councilman Patterson, and Councilman absen fr the uncil Chambers. . LANGSTON, MA ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary Read and approved this the 6th day ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary