HomeMy WebLinkAboutMinutes - City Council - Regular - 1/14/1993CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JANUARY 14, 1993
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session on
the 14th day of January, 1993 in the City Council Chambers, first floor,
City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m.
Present: Mayor David Langston,
Councilmember T. J. Patterson,
Councilmember Randy Neugebauer,
Alex Cooke, Acting City Manager
Jr., and Acting City Secretary
Mayor Pro Tem Maggie Trejo,
Councilmember M. J. Aderton,
Councilmember Max Ince, Councilmember
Bob Cass, City Attorney John C. Ross,
Sally Abbe.
Mayor Langston called the meeting to order at 10:05 A.M.
( 1.) The Invocation was given by Bob Cass, Acting City
Manager.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
93-52A-1-1
( 3.) Board Appointments
Appointees to the Committee for Women Betty Lou
Blumrosen, Cathy Chavez, Sylvia Pena, and Esmeralda
Torres and Civic Centers Board Appointee Lloyd
J
I I Maines received certificates from the Mayor.
93-52A-1-2
( 4.) A representative of Lubbock Arts Alliance, Inc. will
appear to present the following recommendations:
A. Consider recommendations for
awarding of Arts Grants for the
second and final grant period of
1992.
Bill Armstrong, Chairman of the Grants Review
Committee, appeared to present the committee's
recommendations for the next grant cycle. Mayor
Langston recused himself from discussion or voting
on this item.
According to staff memo, on January 23, 1992, the
City Council approved an agreement to pay the
Cultural Affairs Council $105,119.90 for the
encouragement, promotion, and improvement of all
forms of art in the community. The $105,119.90
represents that amount collected from 1/2 cent of
the hotel/motel tax during the fiscal year that
ended on September 30, 1992. The agreement provides
that a review committee of the Cultural Affairs
Council will receive and evaluate applications for
grants and make recommendations to the City Council
for awarding of these grants. On July 23, 1992, the
Council approved recommendations for the Cultural
Affairs Council for the awarding of $62,513 in
grants for the first half of 1992. The Council is
now asked to consider the approval of $43,125 in
grant awards for the second and final grant period
of 1992.
January 14, 1993
Page 2
The $43,125 in grant awards now recommended, plus
the $62,513 in grants approved this past July,
equals a total of $105,638 or $518.10 more than the
$105,119.90 provided to the Cultural Affairs Council
by the 1992 Agreement. However, the balance in
unspent monies from previous years totals $30,663.13
which covers that small amount.
This past year, the Cultural Affairs Council
provided workshops to those interested in submitting
grant applications. As a result of the increased
outreach efforts, the grants received and approved
represent greater diversity.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton, awarding arts grants for
the second and final grant period of 1992 as
recommended by the Lubbock Arts Alliance, Inc.
Motion carried: 6 Yeas; 0 Nays --Mayor Langston
recused.
B. Presentation of a check for interest
earnings to the City of Lubbock.
The 1992 Agreement with the Cultural Affairs Council
provided that $5,256.00 of the funds paid by the
City could be put into an operating account and be
used for administrative costs. All other funds
received by the Cultural Affairs Council were
required to be placed in an interest -bearing account
pending disbursal to the grantees, and all the
interest earned would be rebated to the City. A
check for the interest amount will be presented.
This check for $2,786.57 represents interest
received for the past year.
Mr. Armstrong presented the check for $2,786 in
interest accrued. No Council action is necessary;
however, Councilmember Neugebauer asked why the
money was returned to the city and not used for
additional grants. Rita Harmon, Assistant City
Manager for Public Safety and Services, told the
Council that the money was redeposited into the
Hotel -Motel Tax Special Projects Fund.
January 14, 1993
Page 3
C. Consider Resolution #4053
authorizing the Mayor to sign an
agreement with Lubbock Arts
Alliance. Inc. for an arts grant
program for 1993.
RESOLUTION #4053
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement by and between the City of Lubbock and Lubbock Arts Alliance,
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 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Rita P. Harmon
Rita P. Harmon, Assistant City Manager
for Public Safety and Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
A copy of the Agreement is filed with Resolution No. 4053.
Brad Green, President of the Lubbock Arts Alliance,
appeared to request Council approval of the
agreement for the arts grant program.
For each of the past 13 years, the City Council has
approved an agreement with the Lubbock Cultural
Affairs Council whereby the City paid a portion of
the revenues collected from the hotel/motel tax for
the encouragement, promotion, and improvement of all
forms of art in the community. The 1993 agreement
will be with the Lubbock Arts Alliance, formerly the
Lubbock Cultural Affairs Council.
The 1993 Agreement provides for a total sum of
$113,896.70, which is 1/2 cent of the 7 cent
hotel/motel tax collected during the fiscal year
ended September 30, 1992. This represents an
increase of $8,776.80 over the allocation for 1992,
which was $105,199.90. The Agreement provided that
a review committee of the Lubbock Arts Alliance
would receive and evaluate applications for art
grants and make recommendations to City Council for
awarding of these grants. Approved grants then were
paid by the Cultural Affairs Council out of funds
received from the City.
January 14, 1993
Page 4
Motion was made by Councilmember Neugebauer,
seconded by Councilmember Cooke to authorize
Resolution #4053 with the provision to disperse the
interest earned on the money to additional grant
projects. Motion carried: 7 Yeas; 0 Nays.
D. Consider Resolution #4054
designating the Lubbock Arts
Alliance as the official local arts
agency.
RESOLUTION #4054
WHEREAS, the arts play an important role in the enrichment of our
community and the lives of all its citizens; and
WHEREAS, the arts are a powerful resource in building a sense of
community, and have a measurable economic impact on our city by
providing events and services that attract businesses and promote
tourism; and
WHEREAS, the City of Lubbock recognizes the value of this
resource, providing substantial support to the arts in Lubbock through
its cultural grants program; and
WHEREAS, Lubbock Arts Alliance, Inc. is a non-profit corporation
dedicated to providing services, support, and development for arts
organizations and artists, as well as, producing and promoting arts and
cultural programs for the people of the City of Lubbock; and
WHEREAS, the Alliance thereby serves as a convener and spokesman
for all the arts in partnership with the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
THAT Lubbock Arts Alliance, Inc. is hereby recognized as the
official Local Arts Agency operating on behalf of the City of Lubbock.
Passed by the City Council this 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Mr. Green requested that the Lubbock Arts Alliance,
Inc. be designated as the local arts agency for the
purposes of fulfilling the requirements of the
National Endowment for the Arts to acquire federal
funds. The Lubbock Arts Alliance has fulfilled all
of the requirements necessary for recognition by the
NEA except designation by the local government.
January 14, 1993
Page 5
The Lubbock Arts Alliance plans on using these funds
to develop a community cultural plan. "Building for
the Arts: A Cultural Plan for Lubbock" will bring
together the elements of the community who currently
take part in the arts, and those who currently do
not, to develop a long term vision providing for the
current and coming cultural needs of Lubbock's
citizens and visitors; a vision that provides
perspective and leadership in the ongoing cultural
development of the entire community.
A plan would address such issues as the management
and delivery of arts and cultural services,
development of a facility to house a number of
organizations, and development of new private sector
funding.
Federal funds for such a planning process are
available. However, in order to apply to the
National Endowment for the Arts, the Alliance must
meet a published list of criteria. Currently, the
only element not in place is the designation of the
Arts Alliance as Lubbock's "official" local arts
agency, and this can be accomplished through
consideration of the resolution.
Lubbock Arts Alliance, Inc. (formerly the Lubbock
Cultural Affairs Council) recommended that a new
agreement be approved so that this program may
continue through 1993. The provisions of the
proposed 1993 agreement are the same as those
contained in the 1992 agreement, except for the
amounts of money. The 1993 agreement provides for a
total sum of $113,896.70 be paid to Lubbock Arts
Alliance, Inc. in three equal installments of
$37,965.57.
The Lubbock Arts Alliance has fulfilled all of the
criteria set by the National Endowment for the Arts
required to be eligible for federal funds for the
encouragement of cultural and artistic endeavors,
except designation as the "official" local arts
agency. Passage of this resolution will fulfill the
NEA's criteria. Staff recommended approval.
Motion was made by Councilmember Patterson, seconded
by Mayor Pro Tem Trejo to authorize Resolution #4054
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
93-52A-5-3
( 5.) Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to approve minutes of the
December 17, 1992 Regular City Council meeting; and
minutes of the December 7, 1992, December 11, 1992,
and December 16, 1992 Special City Council meetings
as written. Motion carried: 7 Yeas; 0 Nays.
January 14, 1993
Page 6
93-52A-6-4
( 6.)
ORDINANCE #9575
AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK, TEXAS, ENTITLED "BUILDINGS AND BUILDING REGULATIONS" BY
ADOPTING THE UNIFORM BUILDING CODE, 1991 EDITION; SETTING FORTH GENERAL
SPECIFICATIONS FOR BUILDING; DELETING DUPLICATIONS OF REGULATION;
SETTING PERMIT AND FEE REQUIREMENTS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to pass on second and final
reading Ordinance #9575 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
93-52A-6-5
( 7.) ORDINANCE #9576--Amending Chapter 6, Article III, of
the Code of Ordinances entitled "Plumbing Code" by
adopting the Uniform Plumbing Code, 1991 Edition.
ORDINANCE #9576
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "PLUMBING CODES" BY
ADOPTING THE UNIFORM PLUMBING CODE, 1991 EDITION; PROVIDING FOR A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to pass on second and final
reading Ordinance #9576 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
93-52A-6-6
( 8.) ORDINANCE #9577--Amending Chapter 6, Article IV, of
the Code of Ordinances entitled "Mechanical Code" by
adopting the Uniform Mechanical Code, 1991 Edition.
ORDINANCE #9577
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE IV OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "MECHANICAL CODE" BY
ADOPTING THE UNIFORM MECHANICAL CODE, 1991 EDITION; PROVIDING FOR A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to pass on second and final
reading Ordinance #9577 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
January 14, 1993
Page 7
93-52A-7-7
( 9•)
Edition.
ORDINANCE #9578
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE III OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "NATIONAL FIRE
CODES," BY ADOPTING THE 1991 EDITION OF THE NATIONAL FIRE CODES, SAVE
AND EXCEPT NFPA 1, AND ADOPTING THE 1991 EDITION OF THE UNIFORM FIRE
CODE IN PLACE OF NFPA 1; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to pass on second and final
reading Ordinance #9578 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
93-52A-7-8
(10.) ORDINANCE #9579--Amending Chapter 16, Article VIII,
of the Code of Ordinances entitled "Reserved" by
Penalties".
ORDINANCE #9579
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK WITH REGARD TO UNIFORM MARKING OF PARKING SPACES FOR
PERSONS WITH DISABILITIES; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to pass on second and final
reading Ordinance #9579 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
93-52A-7-9
(11.) ORDINANCE #9580--Amending Chapter 24, Article III,
entitled "Streets and Sidewalks" by adopting "Curb
Ramp Standards and Details".
ORDINANCE #9580
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK, ENTITLED "STREETS AND SIDEWALKS," PROVIDING FOR NEW
CURB RAMP STANDARDS AND ADOPTING UPDATED "STANDARD DETAILS;" PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to pass on second and final
reading Ordinance #9580 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
January 14, 1993
Page 8
93-52A-8-10
(12.)
west of FM 1729 eastward to FM 400).
RESOLUTION #4055
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
Utility Joint Use Agreement between the City of Lubbock and the Texas
Department of Transportation for joint usage of a portion of F.M. 835
and F.M. 3523 (East 50th Street), attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
UTILITY JOINT USE AGREEMENT
THE STATE OF TEXAS § COUNTY: LUBBOCK
FEDERAL PROJECT NO.
COUNTY OF LUBBOCK § CSJ NO. 3587-01-001
ROW Account No.
Highway No. FM 835 & FM 3523
Limits From 1300' W of FM 1729
To FM 400
WHEREAS, the State of Texas, hereinafter called the State, acting by and
through the Texas Department of Transportation, proposes to make certain
highway improvements on that section of the above indicated highway; and
WHEREAS, the City of Lubbock, hereinafter called the Owner, proposes to
retain, locate or relocate certain of its facilities and retain title to
any property rights it may have no, along or across, and within or over
such limits of the highway right of way as indicated on the plans
attached on location sketches attached hereto except as provided
hereinbelow;
January 14, 1993
Page 9
NOW, THEREFORE, it is hereby mutually agreed that joint usage for both
highway and utility purposes will be made of the area within the highway
right of way limits as such area is defined and to the extent indicated
on the aforementioned plans or sketches. Where Owner by reason of
ownership of an easement or fee title or otherwise under law has the
right of alter, modify or add to facilities presently located within the
area above described or construct additional facilities therein, such
right is hereby retained, provided, however, if existing facilities are
to be altered or modified or new facilities constructed within said area
the Owner agrees to notify the Texas Department of Transportation prior
thereto, to furnish necessary sketches showing location, type of
construction and methods to be used for protection of traffic, and if,
in the opinion of the Texas Department of Transportation, such
alteration, modification or new construction will injure the highway or
endanger the traveling public using said highway, the Texas Department
of Transportation shall have the right, after receipt of such notice, to
prescribe such regulations as necessary for the protection of the
highway facility and the traveling public using said highway; provided
further, however, that such regulations shall not extend to the
requiring of the placement of intended overhead lines underground or the
routing of any lines outside the area of joint usage above described.
In the event of an emergency, it being evident that immediate action is
necessary for protection of the public and to minimize property damage
and loss of investment, either party hereto may at their own
responsibility and risk make necessary emergency repairs, notifying the
other party hereto of this action as soon as is practical.
Participation in actual costs incurred by the Owner for any future
adjustment, removal or relocation of utility facilities required by
highway construction shall be in accordance with and to the extent
possible under applicable laws of the State of Texas. Except as
expreslly provided herein, (1) the Owner's rights of access to the
through -traffic roadways and/or ramps shall be subject to the same rules
and regulations as apply to the general public, and (2) the Owner and
the State, by execution of this agreement, do not waive or relinquish
any right which they may have under the law or Constitution, State or
Federal.
In the event the Owner fails to comply with the regulations as set out
herein, the State may take such action as it deems appropriate to compel,
compliance.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
Owner: The City of Lubbock
By:/s/ David R. Langston
David R. Langston, Mayor
EXECUTION RECOMMENDED:
District Engineer
Texas Dept. of Transportation
Date: January 14, 1993 The State of Texas
Certified as being executed
for the purpose and effect of
activating and/or carrying out
the orders, established
policies or work programs
heretofore approved and
authorized by the Texas
Transportation Commission.
By:
Director of Right -of -Way
Texas Dept. of Transportation
Date:
January 14, 1993
Page 10
This agreement is in favor of the City of Lubbock
and the Texas Department of Transportation. The
purpose of this agreement is to protect the City's
interest in their utilities now located in the
right-of-way of East 50th from 1300 feet west of FM
1729 eastward to FM 400. The normal procedure
followed when a City utility is to cross or go along
the State highway right-of-way is to forward a
request to the Texas Highway Department for their
approval and a permit. With this agreement, our
utilities can be maintained and installed in the
East 50th Street right-of-way without having to
obtain utility crossing permits.
Staff recommended approval of the agreement.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4055 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
93-52A-10-11
(13.) Consider Resolution #4056 authorizing a street -use
license to Texland Petroleum, Inc., for an oil flow
pipeline under Municipal Drive and Quirt Avenue
(1600 E. Municipal Drive).
RESOLUTION #4056
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Street Use License Agreement to be entered into by and between the said
City of Lubbock and Texland Petroleum, 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 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
January 14, 1993
Page 11
STREET USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture is made this 14th day of January, 1993, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and TEXLAND PETROLEUM, INC., hereinafter called
"LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY
OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and
license to use a portion of dedicated streets to construct and maintain
crude oil flow pipeline, this license being classified as a subsurface
license, and such pipeline shall be constructed of fiberglass and have
minimum cover of at least 40 inches from the ground surface at the
following locations:
Centered within a 2.00 foot wide Street Use License out of Section
77 and Section 5, Block A, Lubbock County, Texas, being more
particularly described as follows:
BEGINNING at a point which bears South 64 degrees 37 minutes West
from the Northwest corner of Block 5, Meadowbrook Addition to the
City of Lubbock, said point being in the West right-of-way line of
North Magnolia Avenue;
THENCE North 25 degrees 23 minutes West a distance of 2.00 feet to
a point;
THENCE Northeasterly parallel to and 2.00 feet North of the South
right-of-way line of Municipal Drive a distance of 1,164.95 feet
to a point;
THENCE East approximately 135.00 feet to a point in the East
right-of-way line of North Quirt Avenue;
THENCE South 0 degrees 13 minutes East along the East right-of-way
line of North Quirt Avenue a distance of 2.00 feet to a point;
THENCE West approximately 135.00 feet to a point;
THENCE Southwesterly along the South right-of-way line of
Municipal Drive a distance of 1164.50 feet to the POINT OF
BEGINNING.
1. The term of this grant shall be for five (5) years from date
hereof, and shall be automatically extended for successive five (5) year
terms not to exceed twenty (20) years in any event unless either party
shall give written notice of termination to the other party before the
expiration of the first, second or third five (5) year term, as the case
may be, and the CITY OF LUBBOCK retains the right at its election to
cancel and revoke this license with or without cause upon notice to
LICENSEE. Said notice shall be deemed properly served if deposited in
the post office, postage paid, addressed to LICENSEE at 500
Throckmorton, Suite 3100, Fort Worth, Texas 76102, or the last known
address of LICENSEE.
January 14, 1993
Page 12
Upon the expiration or cancellation and revocation of this license
by the CITY OF LUBBOCK, or the abandonment of the license by the
LICENSEE, the improvements that are permitted under this license shall
be removed by the LICENSEE and the property shall be restored to its
original condition at no cost or expense to the CITY OF LUBBOCK.
However, upon mutual consent of the CITY OF LUBBOCK and LICENSEE, the
improvements will be left in place rather than removed after expiration,
cancellation or abandonment of this license. In the event LICENSEE
fails or refuses to remove such improvements after demand by the CITY OF
LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause
to be removed such improvements, and the expense incurred shall be
assessed against LICENSEE for which LICENSEE shall be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for this license the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00)
DOLLARS cash, in advance, and contemporaneously with the acceptance and
execution of this license by LICENSEE, for the first five (5) year term
of this license, and thereafter such rate of compensation may be changed
for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate
of compensation which is based on procedures and policies established by
the City Council of the CITY OF LUBBOCK, based on an appraisal of the
fair market value of such land by the Right -of -Way Department of the
CITY OF LUBBOCK as applied to the formula for determining such rate
established by the City Council. If such rate is not changed by the
CITY OF LUBBOCK, the rate for the preceding five (5) year term shall
apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in
rates in writing before the start of the five (5) year term to which
such change in rate shall apply, and if such notification is not made,
then the rate for the preceding five (5) year term shall apply.
3. The LICENSEE agrees to pay all costs arising out of the
exercise of this license herein granted including, but not limited to,
the replacement and repairing of paving, sidewalks and utilities of any
nature occasioned by the construction as authorized by this license.
4. In the event the CITY OF LUBBOCK determines that the
existence of such use interferes with or causes the rerouting or
realignment of any public utility, franchised utility or sanitary or
storm sewer line constructed or to be constructed by the CITY OF LUBBOCK
or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK
or such utility, as the case may be, for its expense in relocating or
rerouting over and above the expense which would have been incurred
except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without
first receiving the written consent of the City Manager of the CITY OF
LUBBOCK.
January 14, 1993
Page 13
6. This license is made subject to the condition that should
the LICENSEE exercise any right herein granted and prepare or begin or
complete any part of the construction as herein contemplated across any
or all of the above described property, then and in that event said
LICENSEE, its successors and assigns, will at all times defend,
indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants
and employees harmless from any and all claims, demands, actions, causes
of action, suits at law or in equity of whatsoever kind or nature which
may grow out of or be related to the making of this license or the
construction, maintenance, repair or usage permitted herein. The CITY
OF LUBBOCK, at its option, may require an agreement with any contractors
hired by LICENSEE to perform the construction, repair or maintenance
permitted herein which will indemnify the CITY OF LUBBOCK from and
against all claims, liability, cost and expense growing out of the
performance of the work to be done by such contractors. The CITY OF
LUBBOCK may further require any of said contractors, when engaged in the
construction, repair or maintenance permitted herein, to furnish,
without expense to the CITY OF LUBBOCK, a reliable surety bond, in an
amount and in a form satisfactory to the said CITY OF LUBBOCK,
guaranteeing the faithful performance of all the terms, covenants and
conditions contained in said agreement, and a certified copy of a policy
of public liability insurance assumed by said contractors in said
agreement. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior
to incurring any costs or expenses or the payment of any such claims or
demands in order to give LICENSEE a reasonable opportunity to settle or
adjust the same.
7. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance, within limits specified
by, and in a form satisfactory to the City Attorney for the CITY OF
LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy
covering the uses herein granted.
8. Prior to any construction as authorized by this license, the
LICENSEE shall submit to the City Engineer plans and specifications for
the construction to be done, and the LICENSEE shall not commence
construction until such plans and specifications are approved by the
City Engineer.
9. All of the covenants and provisions of this license shall be
binding upon and inure to the benefit of the successors, legal
representatives, assigns and the duly authorized agents and contractors
of the parties hereto to the same extent and effect as the same are
binding upon and inure to the benefit of the parties hereto, but no
assignment hereof by the LICENSEE, its successors or assigns, shall be
binding upon the CITY OF LUBBOCK without the consent of the CITY OF
LUBBOCK in each instance, except as specified in numbered paragraph five
(5).
January 14, 1993
Page 14
10. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title or rights of possession
are intended or implied except those expressly set forth herein, and
LICENSEE waives any and all claims in and to the public way it is
permitted to use hereby and agrees to give peaceful possession of said
property covered herein upon termination or cancellation of this
license.
CITY OF LUBBOCK
BY:/s/ David R. Langston
DAVID R. LANGSTON
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
AGREED TO AND ACCEPTED this day of , 1993.
LICENSEE: TEXLAND PETROLEUM, INC.
BY:
APPROVED AS TO CONTENT:
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
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 DAVID R. LANGSTON,
MAYOR, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same as
the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes
and consideration therein expressed and in the capacity therein stated.
1993.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of January,
/s/ Olivia Solis
Notary Public
Lubbock County, Texas
My Commission Expires:
11/30/93
January 14, 1993
Page 15
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for
said County, Texas, on this day personally appeared ,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein
stated as the act and deed of TEXLAND PETROLEUM, INC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
. 1993.
Notary Public
County, Texas
My Commission Expires:
This street -use license will be granted to Texland
for an underground oil flowline from North Magnolia
eastward along the south right-of-way line of
Municipal Drive across Quirt Avenue to the east
right-of-way of Quirt Avenue. This flowline will
take oil from the newly drilled oil well north of
Estacado High School to an oil tank battery east of
Quirt Avenue. This license will be two feet in
width and approximately 1,300 feet in length. Term
of this license will be for 20 years, license cost
of $50 per year which is the minimum. The $150
application fee has been paid and the City will
receive $250 for the first five years of usage.
All utilities are in agreement and staff recommended
the issuance of this license.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4056 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
93-52A-15-12
(14.) Consider Ordinance #9581 abandoning and closing a
portion of 56th Street adjacent to the C.C. Knott
Addition east of Frankford Avenue (5601 Frankford
Avenue).
ORDINANCE #9581
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 56TH STREET IN
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 OF LUBBOCK TO REFLECT SAID ABANDONING
AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a portion of 56th
Street east of Frankford Avenue
Tract 1-C, C.C. Knott Addition.
was dedicated by Carl Knott and
they are requesting closure for
to be developed. There will be
street closure since the Knotts
dedicators.
and just south of
This street area
family in 1986 and
a larger land area
no charge for this
were the original
Staff recommended the closure of this street area
and passage of this ordinance.
January 14, 1993
Page 16
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to pass on first reading
Ordinance #9581 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
93-52A-16-13
(15.) Consider Resolution #4057 authorizing the Mayor to
sign a renewal of the agreement with Reese Air Force
Base for Mutual Aid Firefighting services.
RESOLUTION #4057
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement for Mutual Aid in Fire Protection (US) between the City of
Lubbock and the Secretary of the Air Force acting pursuant to the
authority of 42 U.S.C. (1856(A)), attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
Ls/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Don Stevens
Don Stevens, Fire Chief
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION (US)
This agreement, entered into this 15th day of December, 1992, between
the Secretary of the Air Force acting pursuant to the authority of 42
U.S.C. (1856(A)) and the City of Lubbock, Texas is for securing to each
the benefits of mutual aid in fire prevention, in the protection of life
and property from fire, and firefighting. It is agreed that:
a. On request to a representative of the Reese Air Force Base
Fire Department by a representative of Lubbock Fire Department,
firefighting equipment and personnel of the Reese Air Force Base Fire
Department will be dispatched to any point within the area for which the
Lubbock Fire Department normally provides fire protection as designated
by the representatives of the Lubbock Fire Department.
b. On request to a representative of the Reese Air Force Base
Fire Department by a representative of Lubbock Fire Department,
firefighting equipment and personnel of the Reese Air Force Base Fire
Department will be dispatched to any point within the firefighting
equipment and personnel of the Lubbock Fire Department will be
dispatched to any point within the firefighting jurisdiction of the
Reese Air Force Base Fire Department as designated by the representative
of the Reese Air Force Base Fire Department.
January 14, 1993
Page 17
C. Any dispatch of equipment and personnel pursuant to this
agreement is subject to the following conditions:
(1) Any request for aid hereunder shall include a
statement of the amount and type of equipment and personnel requested,
and shall specify the location to which the equipment and personnel are
to be dispatched, but the amount and type of equipment and number of
personnel to be furnished shall be determined by a representative of the
responding organization.
(2) The responding organization shall report to the
on -scene officer in charge of the requesting organization and shall be
subject to orders of that official. Such orders shall be communicated to
the on -scene officer in charge of the requested organization. That
officer will be responsible for communications and coordination, as
needed, within his organization to accomplish the tasks assigned. The
officer in charge of the requested organization shall retain the
authority to withdraw his personnel from any position that he feels
poses an unreasonable danger.
(3) A responding organization shall be released by the
requesting organization when the services of the responding organization
are no longer required or when the responding organization is needed
within the area for which it normally provides fire protection.
(4) In the event of a crash of aircraft owned or operated
by the United States or military aircraft of any foreign nation within
the area for which the Lubbock Fire Department normally provides fire
protection, the Chief of Reese Air Force Base Fire Department or his or
her representative may assume full command on arrival at the scene of
the crash. Any instructions to Lubbock Fire Department personnel will be
issued through the on -scene Lubbock Fire Department officer in charge.
The on -scene officers in charge of the two organizations will
communicate and coordinate as needed for effective operations.
d. The Lubbock Fire Department may claim reimbursement for the
direct expenses and losses which are additional firefighting costs above
the normal operating costs incurred while fighting a fire under this
agreement as provided in 44 C.F.R., Part 151.
e. Each party waives all claims against every other party for
compensation for any loss, damage, personal injury or death occurring as
a consequence of the performance of this agreement.
January 14, 1993
Page 18
f. All equipment used by the Lubbock Fire Department in
carrying out this agreement will, at the time of action hereunder, be
owned by it; and all personnel acting for the Lubbock Fire Department
under this agreement will, at the time of such action, be an employee or
volunteer member of the Lubbock Fire Department.
FOR THE SECRETARY OF THE
AIR FORCE:
/s/ David R. Love
David R. Love, Colonel, USAF
Commander, 64th Flying
Training Wing
CITY OF LUBBOCK, TEXAS
/s/ David R. Langston
David R. Langston, Mayor
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Don Stevens
Don Stevens, Fire Chief
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Air Force directives require periodic reviews and
renewal of mutual aid firefighting agreements. This
item is a routine renewal of the existing mutual aid
agreement between Reese AFB and the City of Lubbock.
Minor revisions to the wording of the agreement have
been made to clarify command responsibilities at the
scene of emergencies.
Staff recommended approval.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4057 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
January 14, 1993
Page 19
93-52A-19-14
(16.)
1993.
RESOLUTION #4058
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
Joint -Funding Agreement and supporting attachments, by and between the
City of Lubbock and the United States Department of the Interior, for
cooperative water resources investigation efforts for the fiscal year
October 1, 1992 through September 30, 1993, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Mike Murphy
Mike Murphy, Senior Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
U.S. DEPARTMENT OF THE INTERIOR
Geological Survey
JOINT FUNDING AGREEMENT
FOR
WATER RESOURCES INVESTIGATIONS
This Agreement is entered into as of the 1st day of October, 1992, by
the Geological Survey, United States Department of the Interior, party
of the first part, and the City of Lubbock, Texas, party of the second
part.
1. The parties hereto agree that subject to the availability of
appropriations and in accordance with their respective authorities there
shall be maintained in cooperation surface -water and water quality data
collection and limited studies hereinafter called the program.
January 14, 1993
Page 20
2. The following amounts shall be contributed to cover all of the
cost of the necessary field and office work directly related to this
program, but excluding any bureau level general administrative or
accounting work in the office of either party.
(a) $12,130 by the party of the first part during the
period of October 1, 1992, to September 30, 1993
(b) $20,550 by the party of the second part during the
period of October 1, 1992, to September 30, 1993
(c) Additional amounts by each party during the above period or
succeeding periods as may be determined by mutual agreement and set
forth in an exchange of letters between the parties.
3. Expenses incurred in the performance of this program may be paid
by either party in conformity with the laws and regulations respectively
governing each party, provided that so far as may be mutally agreeable
all expenses shall be paid in the first instance by the party of the
first part with appropriate reimbursement thereafter by the party of the
second part. Each party shall furnish to the other party such statements
or reports of expenditures as may be needed to satisfy fiscal
requirements.
4. The field and office work pertaining to this program shall be
under the direction of or subject to periodic review by an authorized
representative of the party of the first part.
5. The areas to be included in the program shall be determined by
mutal agreement between the parties hereto or their authorized
representatives. The methods employed in the field and office shall be
those adopted by the party of the first part to insure the required
standards of accuracy subject to modification by mutual agreement.
6. During the progress of the work all operations of either party
pertaining to this program shall be open to the inspection of the other
party, and if the work is not being carried on in a mutually
satisfactory manner, either party, may terminate this agreement upon 60
days written notice to the other party.
7. The original records resulting from this program will be deposited
in the office of origin of those records. Upon request, copies of the
original records will be provided to the office of the other party.
8. The maps, records, or reports resulting from this program shall be
made available to the public as promptly as possible. The maps, records
or reports normally will be published by the party of the first part.
However, the party of the second part reserves the right to publish the
results of this program and, if already published by the party of the
first part shall, upon request, be furnished by the party of the first
part, at cost, impressions suitable for purposes of reproduction similar
to that for which the original copy was prepared. The maps, records or
reports published by either party shall contain a statement of the
cooperative relations between the parties.
9. Billing for this agreement will be rendered upon agreement
completion. Payments of bills are due within 60 days after the billing
date. If not paid by the due date, interest will be charged at the
current Treasury rate for each 30-day period, or portion thereof, that
the payment is delayed beyond the due date. (31 USC 3717; Comptroller
General File B-212222, August 23, 1983.).
GEOLOGICAL SURVEY
UNITED STATES
DEPARTMENT OF THE INTERIOR CITY OF LUBBOCK
By: By:/s/ David R. Langston
District Chief David R. Langston, Mayor
January 14, 1993
Page 21
This agreement refers to the cooperative water
resources investigation program for fiscal year 1993
(October 1, 1992 to September 30, 1993). This
program involves the collection of streamflow and
water quality data for two locations on the North
Fork of the Double Mountain Fork, Brazos River. The
monitoring is done as an ongoing program for the
Lake Alan Henry Project.
The total cost of the program for 1993 is $32,680,
with the City's share to be $20,550.
Staff recommended acceptance of the Joint Funding
Agreement and authorize payment of the City's share
of the program.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4058 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
93-52A-21-15
(17.) BID #12357--Mackenzie Park Baseball Field lighting,
and authorize same (Parks & Recreation).
RESOLUTION #4059
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, Inc.
to install baseball field lighting at Martin Luther King Little League
field located at Municipal Drive & Skyline Drive, Lubbock, Texas,
attached herewith, which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Acting Purchasing
Manager
APPROVED AS TO FORM:
/s/ Jean E. Shotts, Jr.
Jean E. Shotts, Jr., Trial Attorney
January 14, 1993
Page 22
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 14th day of January,
1993 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. 12357--Mackenzie Park Base Field Lighting Project (Parks &
Recreation) in the amount of $44,900.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Sally Still Abbe /s/ David R. Langston
Secretary Mayor
/s/ Carlos Vigil /s/ Don Vandiver
ATTEST:
Row -Wall Electric, Inc.
/s/ M. Rowan CONTRACTOR
Secretary
By: /s/ Lynn B. Rowan
TITLE: President
COMPLETE ADDRESS: Row -Wall Electric, Inc.
Box 1914
Lubbock, Texas 79408
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4059 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
January 14, 1993
Page 23
93-52A-23-16
(18.) BID #12294--High voltage cable (Central Warehouse).
Pirelli Cable Corp., Tulsa, OK
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize low bid
meeting specifications. Motion carried: 7 Yeas; 0
Nays.
93-52A-23-17
(19.) BID #12348--Municipal Tennis Center court
renovations, and authorize same (Parks &
Recreation).
RESOLUTION #4060
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 Trans Texas Tennis, Inc.
for reconstruction of the championship tennis courts at the Municipal
Tennis Center, attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Acting Purchasing
Manager
APPROVED AS TO FORM:
/s/ Jean E. Shotts, Jr.
Jean E. Shotts, Jr., Trial Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 14th day of January,
1993 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 Trans Texas
Tennis, Inc. of the City of Houston, County of Harris, and the State of
Texas, hereinafter termed CONTRACTOR.
January 14, 1993
Page 24
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. 12348--Municipal Tennis Center Court Renovations (Parks &
Recreation) in the amount of $53,800.00
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Sally Still Abbe
Secretary
APPROVED AS TO CONTENT:
/s/ Carlos Vigil
ATTEST:
/s/ Linda F. Moore
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
Ls/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Trans Texas Tennis, Inc.
CONTRACTOR
By: /s/ Larry N. Moore
TITLE: President
COMPLETE ADDRESS: Trans Texas Tennis, Inc.
5216 Werner
Houston, Texas 77022
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4060 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
January 14, 1993
Page 25
93-52A-25-18
(20.) BID #12336--1993 Street Maintenance Program, and
authorize same (Street Department).
RESOLUTION #4061
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 Williams & Peters
Construction Company, Inc. for the sealing and two -course asphalt
surface on existing City of Lubbock streets, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of January, 1993.
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Acting Purchasing
Manager
APPROVED AS TO FORM:
/s/ Jean E. Shotts, Jr.
Jean E. Shotts, Jr., Trial Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
THIS AGREEMENT, made and entered into this 14th day of January,
1993 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 Williams &
Peters Construction Company, 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. 12336--1993 Street Maintenance Program (Street Department) in
the amount of $1,595,331.10
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.
January 14, 1993
Page 26
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/ Sally Still Abbe
Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
ATTEST:
/s/ Betty L. Williams
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Don Vandiver
Williams & Peters Construction Co.
CONTRACTOR
By: /s/ Dean Williams
TITLE: President
COMPLETE ADDRESS: Williams & Peters Construction
P.O. Box 3907
Lubbock, Texas 79452
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4061 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
93-52A-26-19
(21.) BID #12331--Street lighting (Central Warehouse).
Temple, Inc.--100 ea. luminaires, sodium vapor lamp,
400W, 480V.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize low bid
meeting specifications. Motion carried: 7 Yeas; 0
Nays.
(22.) BID #12309--Paper, semi-annual pricing (Print Shop).
Bancroft Paper Co.--50 M carbonless paper, 20#,
8.511X1111, 2-part reverse sequence; 15 M carbonless
paper, 20#, 8.5"X11" 4-part reverse sequence.
Wholesale Envelopes--16 M envelopes, 4-5/8"X6-3/4";
15 M #10, Curtis Linen, winter white 24#.
Hester's Office Center--10 M clasp envelopes,
10"X15"; 3 M clasp envelopes, 12"X15.5"; 20 M clasp
envelopes 9"X12"; 4 M clasp envelopes 6"X9"; 14 M
clasp envelopes 7"X10".
January 14, 1993
Page 27
Carpenter Paper Co., Amarillo--50 M carbonless
paper, 20#, 8.5"X11" 3-part reverse sequence; 100 M
Curtis Linen, winter white, 25% cotton.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize low bids
meeting specifications. Motion carried: 7 Yeas; 0
Nays.
93-52A-27-21
(23.) BID #12355--Flashover container system (Fire
Department).
Swede Survival Systems, Encinitas, CA --I ea.
flashover container system.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize low bid
meeting specifications. Motion carried: 7 Yeas; 0
Nays.
93-52A-27-22
(24.) BID #12363--Pad mount capacitor bank (Electric
Distribution).
Eltek, Inc., Arlington--6 ea. pad mounted 1200 KVAR
capacitor bank.
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize low bid
meeting specifications. Motion carried: 7 Yeas; 0
Nays.
January 14, 1993
Page 28
391%ti.,W14 '*?
(25.) BID #12356--Boat ramp for Lake Alan Henry, and
authorize same (Water Utilities).
RESOLUTION #4062
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 C. B. Thompson
Construction Company for construction of a concrete 4-lane boat ramp
located approximately 8 miles East of Justiceburg, Texas, in Southeast
Garza County, Texas, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 14th day of January, 1993.
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Acting 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 14th day of January,
1993 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 C. B.
Thompson 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:
January 14, 1993
Page 29
BID NO. 12356--Boat Ramp for Lake Alan Henry (Water Utilities) in the
amount of $364,452.50
and all extra work in connection therewith, under the terms as stated in
the contract documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services
necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Ranette Boyd /s/ David R. Langston
Secretary Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Dan Hawkins /s/ Don Vandiver
ATTEST:
C. B. Thompson Construction Co.
/s/ Carla Williamson CONTRACTOR
Secretary
By: /s/ Terry Thompson
TITLE: President
COMPLETE ADDRESS: C.B. Thompson
3412 Joliet
Lubbock, Texas
Construction Co.
79493-6456
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4062 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
January 14, 1993
Page 30
93-52A-30-24
(26.)
203-233.
RESOLUTION #4063
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of
Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of
Lots 203-233, Preston Hills Addition made arrangements with Williams &
Peters Construction Company, Inc. for the construction of paving
improvements on certain streets dedicated in said subdivision under the
provisions of said Ordinance prior to the recording of the subdivision
plat of the above -mentioned Addition including the following street:
Englewood Avenue from the South lip line of 83rd Street to
the North end of radius of the alley return South of 83rd
Street, known and designated as New Subdivision Sub -Unit
Number 91 of Unit Number 2034.
83rd Street from the West lip line of Elkhart Avenue to the
cul-de-sac East of Frankford Avenue, known and designated as
New Subdivision Sub -Unit Number 92 of Unit Number 2034.
Frankford Avenue (East side curb and gutter and alley
returns only) from the North end of radius of the alley
return South of 83rd Street to the North end of radius of
the alley return North of 83rd Street, known and designated
as New Subdivision Sub -Unit Number 93 of Unit Number 2034.
The alley North of 83rd Street from the East edge of the
alley return in Frankford Avenue to the West edge of the
alley return in Elkhart Avenue, known and designated as New
Subdivision Sub -Unit Number 22 of Unit Number 2035.
WHEREAS, the construction of the above improvements on the
above -mentioned streets was performed under the supervision of the City,
Engineer, and said improvements have been completed and have been
inspected and found to have been constructed in accordance with City
specifications and in accordance with the provisions of Chapter 25 of
the City of Lubbock Code of Ordinances; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the
above -mentioned streets BE and the same are hereby accepted and the City
Engineer BE and he is hereby authorized to notify the Developer of
acceptance by the Lubbock City Council.
January 14, 1993
Page 31
SECTION 2. THAT this Resolution shall take effect and be in force
from and after its passage.
Passed by the City Council this 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ R. Keith Smith for
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
This is a routine acceptance of paving improvements
required at the time of platting this new
subdivision. Councilmember Neugebauer recused
himself from discussion of and voting on this item.
These improvements consist of street and alley
paving and curb and gutter on:
Englewood Avenue from 83rd Street to the alley
south of 83rd Street.
83rd Street from Elkhart Avenue to the
cul-de-sac east of Frankford Avenue.
Curb and gutter and alley returns on the east
side of Frankford Avenue from the alley south of
83rd Street to the alley north of 83rd Street.
The alley north of 83rd Street from Frankford
Avenue to Elkhart Avenue.
There is no City cost due the contractor upon this
acceptance.
Staff recommended approval of this resolution.
Motion was made by Councilmember Ince, seconded by
Councilmember Aderton to authorize Resolution #4063
as recommended by Staff. Motion carried: 6 Yeas; 0
Nays--Councilmember Neugebauer recused.
January 14, 1993
Page 32
93-52A-32-25
(27.)
RESOLUTION #4064
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality
located in Lubbock County, Texas, has determined and does hereby
determine that the public needs and welfare demand and create a public
necessity for the acquisition of additional land for public purposes and
municipal purposes, to -wit: a water line easement, and this City Council
of said City finds it in the public interest and for public purposes and
municipal purposes to proceed with the acquisition of an easement in,
upon, over, under, along and across land as needed for such purposes as
aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT an easement in, upon, over, under, along and
across the following described tract of land located in Lubbock County,
Texas, be acquired for public purposes and municipal purposes as set
forth in the preamble hereof, to -wit:
BEGINNING at a point 20 feet West of the Southeast corner of
Section 20, Block D-5, Lubbock, Lubbock County, Texas;
THENCE North parallel to the East line of Section 20, a
distance of 2640.00 feet;
THENCE West a distance of 20.00 feet;
THENCE South a distance of 2640.00 feet;
THENCE East a distance of 20.00 feet to the PLACE OF
BEGINNING.
January 14, 1993
Page 33
SECTION 2. THAT the owner of said tract, being JOE B. YATES, BE
offered through the Right -of -Way Department of the City of Lubbock the
amount of $7,920.00, which is the amount appraised as the value and
total damages for the acquisition of an easement in, upon, over, under,
along and across said real estate hereinabove described, for the use and
benefit of the City of Lubbock, Texas, for the purposes herein stated,
and unless accepted forthwith, the City Attorney of said City of Lubbock
is hereby authorized and instructed to institute condemnation (eminent
domain) proceedings to acquire an easement in, upon, over, under, along
and across said land as hereinabove described for public purposes and
municipal purposes.
Passed by the City Council this 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Ls/ Harold Willard
Harold Willard, Assistant City Attorney
Assistant City Manager for Development Services Jim
Bertram presented the staff comments. He told the
Council that this easement is for the soon to be
constructed water line to Reese AFB from the water
pump station northwest of Shallowater. The size of
this requested permanent easement is 20 feet in
width and 2,640 feet in length and will run
north -to -south just to the west of the existing
county road. Along with this, the city is acquiring
a 20 foot working easement.
The City's initial offer to Mr. Yates was $500 and
it was turned down. Staff countered at $1,800 and
he also turned it down. Staff visited with him
several times and met with him on site just before
Christmas. At that time, he discussed with us the
problems he had with the City around 1966 when they
installed the existing line which is near the center
of the county road. His fence was damaged in
several places and was never repaired by the City.
An air relief valve was installed at a low spot in
the line and water would occasionally leak over onto
his pastureland and created a mudhole which his
cattle would try to water from instead of using his
water tank near the west edge of his property. The
Right -Of -Way Department was finally able to tie him
down to an easement price of $7,920. He came up
with this figure by visiting with other
farmers/ranchers and a real estate person who gave
him a value of $3.00 per linear foot, which is about
twice that of an oil company offering price for a
pipeline easement. At $3.00 per linear foot it
would equate to $49.50 per rod. Staff have heard of
some companies going as high as $40-$45 per rod for
easements, but not as a normal practice.
January 14, 1993
Page 34
Staff then countered back at half of that, but Mr.
Yates has held firm to the $7,920 easement price.
He also stated that he was offered $6,500 for a
one -acre tract of land adjacent to another one -acre
tract which he had sold a couple of years back but
turned that amount down.
Since the existing line is in the road and is
susceptible to being damaged by road maintainers,
staff recommended the approval of the offer of
$7,920 to Mr. Yates. The other two easements for
this line have been acquired. If staff do not get
this easement, staff would have to utilize the
county road and spend several thousand dollars in
road upkeep over the next few years due to the
road's poor condition and floodplain location.
Mayor Langston asked if the staff had considered
condemnation proceedings to acquire the land. Mr.
Bertram replied that the legal fees for condemnation
would be much higher than the price Mr. Yates is
asking. Councilmember Aderton inquired about the
depth of the line. Director of Water Utilities Dan
Hawkins responded that the new line will be 36" deep
and the current line is at the depth of the roadway.
Motion was made by Councilmember Cooke, seconded by
Councilmember Aderton to authorize Resolution #4064
as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
93-52A-34-26
(28.) Consider Change Order Number 1 from Brown -McKee,
Inc. for Civic Center Concrete/Fountain Repair
project.
Assistant City Manager for Public Safety and
Services Rita Harmon presented the staff comments.
She told the Council that after the previously
approved work for renovation of the fountain was
begun, more extensive damage was found than
previously suspected. She noted that the original
estimate was based on the plans and specifications
for the fountain, but once work began it was
discovered that the original construction was not
completed to specifications.
At the August 13, 1992 City Council meeting, the bid
for Civic Center Concrete and Fountain Repairs was
awarded to Brown -McKee, Inc. in the amount of
$190,995. The work began on this project in
mid -October. Partial demolition has taken place and
it has been discovered that several problems exist
which require a change order in order to continue
with the project.
The contractor's bid was based upon bid documents
prepared by Green Harvey Associates, Inc., which had
been designed using the original construction
documents and minor demolition exploration that was
allowed by City of Lubbock personnel. Exploratory
demolition was limited to surface scraping in order
to not cause the fountains or concrete walks to be
unusable or unsightly until the new work could be
started. Thus, the architects and engineers were
required to make design decisions solely on the
information available to them until such time that
complete demolition of the damaged areas could be
accomplished.
January 14, 1993
Page 35
The Avenue Q Fountain had surface fractures that
indicated some movement had occurred. The extent of
damage could not be fully determined until the
exposed aggregate was completely removed, exposing
the many fractures in the concrete structure
beneath. Once demolition was complete, it was
obvious that the original drawings had not
identified accurately how the fountain was
constructed. The lower basin had an additional four
inches of grout between the exposed aggregate
surface treatment and the concrete structure. In
order for the basin to drain properly, the finished
floor needs to be level with the top of the basin
drains. In order to maintain watertight finishes
all of the cracks in the structure need to be filled
by injecting epoxy into the voids. Without the epoxy
injection the cracks will continue to expand and
contract, causing the epoxy coating to also crack.
The concrete walks at the south entrance to the
Civic Center and along the south and east of the
building varied somewhat from the information noted
on the original drawings. The concrete walks in this
area were noted to be a three inches thick topping
on four inches thick concrete slab. Once demolition
was complete, the actual construction was found to
be as much as five to six inches thick concrete
topping on clay soil on a concrete slab.
The additional thickness of material required
heavier equipment, more labor, and more hauling.
The clay soil discovered beneath the top layer of
concrete is highly suspect for causing the original
walks to heave and break-up as they had done. To
correct the problem and limit this action in the
future, the clay soil was replaced with sand fill to
an elevation that would only require four inches of
new concrete. It was felt by the contractor that
work in this area could not be put on hold until the
Council could take action because it would require
that fire exits be blocked while the building was
occupied. Thus, the walks in this area have been
reinstalled as contracted.
The cost breakdown for the additional work is as
follows:
Fountain Repair $11,139.60
Concrete Repair 7,038.90
Total $18,178.50
A budget supplement in the amount of $18,178.50 is
in the process of being submitted.
The areas that are to be repaired under this
construction contract are in public view and occur
within the public's path of access to and from the
building. In order not to disturb the view or
hinder access to and from the building, exploratory
demolition during the design phase was limited to
surface scraping which limited available
information. The design work and the construction
work completed thus far will provide fountains that
are much easier to maintain, less costly to operate,
and have an enhanced aesthetic appearance.
Staff recommended approval of the change order.
January 14, 1993
Page 36
Mayor Langston asked why the fountain was accepted
by the City if it was not built according to the
plans. Ms. Harmon replied that construction
occurred 17 years ago. Civic Center Director Van
McVay stated that the architects' group supervising
construction reported directly to the City Council
on the project.
Mayor Langston asked how the fountain repair was
related to the plans for construction of a plaza
near the fountain. Mr. McVay replied that the
repairs will not hinder the construction of the
plaza.
Motion was made by Councilmember Patterson, seconded
by Councilmember Ince to approve Change Order Number
1 from Brown -McKee, Inc. for Civic Center concrete -
fountain repair project as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
93-52A-36-27
(29.) Consider Resolution #4065 authorizing the Mayor to
sign Interlocal agreements for providing specialized
emergency response to the cities of Abernathy and
Wolfforth.
RESOLUTION #4065
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement by and between the City of Lubbock, Texas, and the City of
Abernathy, Texas, for providing specialized emergency 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 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Don Stevens
Don Stevens, Fire Chief
APPROVED AS TO FORM:
/s/ Jean E. Shotts, Jr.
Jean E. Shotts, Jr., Trial Attorney
January 14, 1993
Page 37
STATE OF TEXAS §
AGREEMENT
COUNTY OF LUBBOCK §
This Agreement is made and entered into pursuant to the Interlocal
Cooperation Act, V.T.C.A. Government Code, Chapter 791, by and between
the City of Lubbock, Texas, and the City of Abernathy, Texas.
WITNESSETH:
WHEREAS, the governing bodies of the above named cities, both
being political subdivisions of the State of Texas, desire to enter into
an agreement whereby the City of Lubbock, Texas will provide to the City
of Abernathy the services and assistance of the Lubbock Fire Department
Hazardous Materials Response Team, SCUBA Dive Team, the Heavy Rescue
Team; and
WHEREAS, the governing bodies of the above named cities both
acknowledge that the above listed services are provided by the Lubbock
City Fire Department and are specialized emergency services; and
WHEREAS, it is in the best interest of the citizens of both
political subdivisions above named to cooperate with each other in the
furnishing of such specialized emergency services; NOW THEREFORE:
THE PARTIES HERETO DO AGREES AS FOLLOWS:
1. That the City of Lubbock will respond to requests from the
Fire Chief, his designee, or higher ranking official of the City of
Abernathy for services and assistance of the Lubbock Fire Department by
furnishing one or more of the following specialized services upon
request:
f a. Hazardous Materials Response Team
b. SCUBA Dive Team
C. Heavy Rescue Team
All responses to request for such specialized services shall be subject
to the following conditions:
a. Any request for aid or assistance hereunder shall include a,
description of the emergency situation and the type of equipment or
services required, and shall specify the location to which the
responding units are to be dispatched. Units will be dispatched only to
emergencies which are within the corporate limits of the City of
Abernathy. The amount and type of equipment and the number of personnel
furnished shall be determined by the Fire Chief of the City of Lubbock
or his designee.
b. Officers of the City of Abernathy will retain responsibility
for commanding and coordinating the overall emergency incident, but an
officer of the Lubbock Fire Department shall have responsibility and
authority for directing the services from the City of Lubbock, if
required, and will retain the authority to remove City of Lubbock
personnel from any situation that in his judgment poses an unreasonable
danger.
C. The equipment and personnel of the City of Lubbock shall be
released by the requesting City when their services are no longer
required or when the responding units are required in the City of
Lubbock.
d. That the requested specialized service is available for
responde at the time of the request.
January 14, 1993
Page 38
2. That the City of Abernathy shall, from current revenues,
reimburse the City of Lubbock for the salary expenses of responding
personnel from the time of response to time of return to their station
of assignment; and, for any necessary repair or replacement costs of
supplies and equipment contaminated or damaged in the provision of such
services. Further, the City of Abernathy shall, from current revenues,
reimburse the City of Lubbock according to the following schedule to
assist with training expenses and costs associated with the potential
for injuries to response team personnel.
(1) Hazardous Materials Response Team:
$2,000 per response
(2) SCUBA Dive Team
$1,500 per response
(3) Heavy Rescue Team
$1,500 per response
3. Either party to this agreement shall have the right to
terminate this agreement upon thirty (30) days written notice to the
other party.
4. Each party to this agreement hereby waives all claims
against the other party for compensation for any personal injury or
death to their employees occurring as a consequence of the performance
of this agreement.
5. Any civil liability related to the furnishing of services
under this agreement is the responsibility of the party which would be
responsible for furnishing the services absent this agreement.
6. All equipment used by the City of Lubbock in carrying out
this agreement will, at the time of actions hereunder, be owned by such
City; and all personnel responding for the City of Lubbock under this
agreement will, at the time of action hereunder, be employees of such
City.
7. Services furnished by the City of Lubbock under this
agreement shall be deemed furnished to the requesting governmental body
upon dispatch by the City of Lubbock of any of the units above listed.
8. This agreement shall become effective on the 5th day of
February, 1993.
9. This agreement shall automatically be renewed each year
luness cancelled as hereinabove provided.
10. The purpose of this agreement is to provide specialized
emergency services upon request to the citizens of the City of Abernathy
and to provide fair compensation to the City of Lubbock for providing
such services.
11. Nothing in this agreement shall prohibit the City of
Abernathy from requesting the services contemplated by this agreement
from a private source when such services are available.
12. This agreement contains the entire agreement of the parties
hereto and is not to be construed as including fire suppression or fire
prevention services.
January 14, 1993
Page 39
13. This agreement shall be construed under the laws of the
State of Texas.
Executed this 14th day of January, 1993.
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe
Acting City Secretary
APPROVED AS TO CONTENT:
/s/ Don Stevens
Don Stevens, Fire Chief
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr.
City Attorney
ATTEST:
/s/ Heilda Cannon
Heilda Cannon, City Secretary
RESOLUTION
CITY OF LUBBOCK, TEXAS
/s/ David R. Langston
David R. Langston, Mayor
CITY OF ABERNATHY, TEXAS
/s/ Shane Cunningham
Shane Cunningham, Mayor
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an
Agreement by and between the City of Lubbock, Texas, and the City of
Wolfforth, Texas, for providing specialized emergency 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 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
/s/ Don Stevens
Don Stevens, Fire Chief
APPROVED AS TO FORM:
/s/ Jean E. Shotts, Jr.
Jean E. Shotts, Jr., Trial Attorney
January 14, 1993
Page 40
STATE OF TEXAS §
AGREEMENT
COUNTY OF LUBBOCK §
This Agreement is made and entered into pursuant to the Interlocal
Cooperation Act, V.T.C.A. Government Code, Chapter 791, by and between
the City of Lubbock, Texas, and the City of Wolfforth, Texas.
WITNESSETH:
WHEREAS, the governing bodies of the above named cities, both
being political subdivisions of the State of Texas, desire to enter into
an agreement whereby the City of Lubbock, Texas will provide to the City
of Wolfforth the services and assistance of the Lubbock Fire Department
Hazardous Materials Response Team, SCUBA Dive Team, the Heavy Rescue
Team; and
WHEREAS, the governing bodies of the above named cities both
acknowledge that the above listed services are provided by the Lubbock
City Fire Department and are specialized emergency services; and
WHEREAS, it is in the best interest of the citizens of both
political subdivisions above named to cooperate with each other in the
furnishing of such specialized emergency services; NOW THEREFORE:
THE PARTIES HERETO DO AGREES AS FOLLOWS:
1. That the City of Lubbock will respond to requests from the
Fire Chief, his designee, or higher ranking official of the City of
Wolfforth for services and assistance of the Lubbock Fire Department by
furnishing one or more of the following specialized services upon
request:
a. Hazardous Materials Response Team
b. SCUBA Dive Team
C. Heavy Rescue Team
All responses to request for such specialized services shall be subject
to the following conditions:
a. Any request for aid or assistance hereunder shall include a
description of the emergency situation and the type of equipment or
services required, and shall specify the location to which the
responding units are to be dispatched. Units will be dispatched only to
emergencies which are within the corporate limits of the City of
Wolfforth. The amount and type of equipment and the number of personnel
furnished shall be determined by the Fire Chief of the City of Lubbock
or his designee.
b. Officers of the City of Wolfforth will retain responsibility
for commanding and coordinating the overall emergency incident, but an
officer of the Lubbock Fire Department shall have responsibility and
authority for directing the services from the City of Lubbock, if
required, and will retain the authority to remove City of Lubbock
personnel from any situation that in his judgment poses an unreasonable
danger.
C. The equipment and personnel of the City of Lubbock shall be
released by the requesting City when their services are no longer
required or when the responding units are required in the City of
Lubbock.
d. That the requested specialized service is available for
responde at the time of the request.
January 14, 1993
Page 41
2. That the City of Wolfforth shall, from current revenues,
reimburse the City of Lubbock for the salary expenses of responding
personnel from the time of response to time of return to their station
of assignment; and, for any necessary repair or replacement costs of
supplies and equipment contaminated or damaged in the provision of such
services. Further, the City of Wolfforth shall, from current revenues,
reimburse the City of Lubbock according to the following schedule to
assist with training expenses and costs associated with the potential
for injuries to response team personnel.
(1) Hazardous Materials Response Team:
$2,000 per response
(2) SCUBA Dive Team
$1,500 per response
(3) Heavy Rescue Team
$1,500 per response
3. Either party to this agreement shall have the right to
terminate this agreement upon thirty (30) days written notice to the
other party.
4. Each party to this agreement hereby waives all claims
against the other party for compensation for any personal injury or
death to their employees occurring as a consequence of the performance
of this agreement.
5. Any civil liability related to the furnishing of services
under this agreement is the responsibility of the party which would be
responsible for furnishing the services absent this agreement.
6. All equipment used by the City of Lubbock in carrying out
this agreement will, at the time of actions hereunder, be owned by such
City; and all personnel responding for the City of Lubbock under this
agreement will, at the time of action hereunder, be employees of such
City.
7. Services furnished by the City of Lubbock under this
agreement shall be deemed furnished to the requesting governmental body
upon dispatch by the City of Lubbock of any of the units above listed.
8. This agreement shall become effective on the 5th day of
February, 1993.
9. This agreement shall automatically be renewed each year
luness cancelled as hereinabove provided.
10. The purpose of this agreement is to provide specialized
emergency services upon request to the citizens of the City of Wolfforth
and to provide fair compensation to the City of Lubbock for providing
such services.
11. Nothing in this agreement shall prohibit the City of
Wolfforth from requesting the services contemplated by this agreement
from a private source when such services are available.
12. This agreement contains the entire agreement of the parties
hereto and is not to be construed as including fire suppression or fire
prevention services.
January 14, 1993
Page 42
13. This agreement shall be construed under the laws of the
State of Texas.
Executed this 14th day of January, 1993.
CITY OF LUBBOCK, TEXAS
/s/ David R. Langston
David R. Langston, Mayor
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe
Acting City Secretary
APPROVED AS TO CONTENT:
/s/ Don Stevens
Don Stevens, Fire Chief
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr.
City Attorney
CITY OF WOLFFORTH, TEXAS
/s/ Name Not Legible
Mayor
ATTEST:
/s/ Frankie Pittman
Frankie Pittman, City Secretary
Fire Chief Don Stevens reminded the Council that
they had been briefed on the proposal for interlocal
agreements at City Council work session on August 4,
1992. At that time, Council heard and approved a
proposal for offering the specialized emergency
services of the Fire Department's Hazardous
Materials Response Team, SCUBA Dive Team, and Heavy
Rescue Team to governmental units outside the City
limits of Lubbock.
Key provisions of the agreements are as follows:
1. The City of Lubbock would respond to
requests from the Fire Chief of the
requesting City or his designee.
The City of Lubbock Fire Chief or
his designee in the chain of command
would receive the call for emergency
service and direct the response.
2. The amount and type of equipment and
the number of personnel furnished
will be determined by the Fire Chief
of the City of Lubbock or his
designee.
January 14, 1993
Page 43
3. The requesting City would retain
responsibility for commanding and
coordinating the overall emergency
incident, but a commanding officer
of the Lubbock Fire Department on
the scene would have the
responsibility for directing City of
Lubbock employees and would have the
authority to remove Lubbock
personnel from any situation that
would pose an unreasonable danger.
4. The requesting City would reimburse
the City of Lubbock for salary
expenses of the responding personnel
from the time of the response to the
time of the return to the station of
assignment; and for any necessary
repairs and replacement costs of
supplies and equipment contaminated
or damaged; and would reimburse the
City of Lubbock according to the
following schedule to assist with
the training expenses, equipment
costs, and costs associated with the
potential for injuries to response
team personnel.
a) Hazardous Material Response Team
$2,000 per response
b) Scuba Dive Team - $1,500 per
response
c) Heavy Rescue Team - $1,500 per
response
5. Either party shall have the right to
terminate the agreement within 30
days upon written notice.
6. Each City will hold harmless the
other City for any personal injury
or death to their employees
occurring as a result of services
rendered under this agreement. The
City of Lubbock would be responsible
for the safety and liability of
their own employees.
7. Any civil liabilities related to the
furnishing of emergency services
under the agreement is the
responsibility of the requesting
city.
The emergency services, particularly Hazardous
Material Response, provided by the Fire Department,
are not intended to compete with any private sector
environmental clean-up firm. The services provided
by the Fire Department are aimed at containment,
protecting life and property. The agreement with
the cities allows the cities to contact a private
firm if they feel those services are appropriate.
Staff recommended approval of agreements for the
City of Lubbock to provide these services to the
cities of Abernathy and Wolfforth.
January 14, 1993
Page 44
93-52A-44-28
(30.)
Motion was made by Councilmember Cooke, seconded by
Councilmember Trejo to authorize Resolution #4066 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
RESOLUTION #4066
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 Grant
Application and associated subsequent documents for library literacy
projects by and between the City of Lubbock and the U.S. Department of
Education, which Grant Application shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 14th day of January, 1993.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Sally Still Abbe
Sally Still Abbe, Acting
City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Grant Application is filed with Resolution No. 4066.
Rita Harmon presented the staff comments concerning
this grant application. This resolution authorizes
the Library to apply for Literacy Program funds from
the U.S. Department of Education. If approved,
$34,000 in grant funds would be used between October
1, 1993 and September 31, 1994. The purpose of the
grant is to fund the Library's "Read to Achieve"
project.
January 14, 1993
Page 45
As the program has grown over the last three years,
student demand far outweighs volunteer supply;
therefore, "Read to Achieve" has sought to develop
other literacy programs to accommodate local needs.
Several programs have been developed in partnership
with South Plains College. In cooperation with
South Plains College, "Read to Achieve" has
established literacy and "English as a Second
Language" at Our Lady of Guadalupe and St. Joseph's
Catholic Church. The Coalition Office has been
responsible for interviewing and assessing 38
students referred to St. Joseph's Catholic Church
and 17 to Our Lady of Guadalupe and 52 to attend
South Plains College Literacy and English as a
Second Language.
South Plains College provides paid teachers;
however, to assist these instructors, the Literacy
Coalition has trained and referred 12 volunteer
tutors. The Coalition provides instructional
material for the classes at South Plains College,
Our Lady of Guadalupe and St. Joseph's Church. The
Literacy Coalition also coordinates with the Adult
Education Center for the Lubbock Independent School
District. The Adult Education Center has a program
for GED preparation, high school evening classes,
and English as a Second Language instruction. The
"Read to Achieve" supplies these people with
one-on-one instruction with tutors and aids in their
transition to the classroom situation to aid in
their success.
In addition, the "Read to Achieve" program has
established workplace literacy programs at Methodist
Hospital. In the Summer of 1992, the Coordinator of
the Literacy Coalition assisted the Vandelia Church
of Christ to establish Literacy programs. In
addition, the "Read to Achieve" has coordinated
resources for clients of the Texas Department of
Human Services, and has aided the Lubbock County
Community Corrections Department's Literacy program,
for adult probationers.
Services provided under the grant contract include:
(1)
Literacy
HOTLINE 747-READ, a
clearing
house whose staff links
literacy
students with their
volunteer
tutors;
(2)
Workshops
and training of volunteer
tutors;
(3)
Materials
for literacy instruction;
(4)
Public awareness
of the need for
community
involvement;
(5)
Contract
services for joint literacy
classes.
January 14, 1993
Page 46
Council authorization for the Literacy Program grant
application was made in recognition of the serious
local problem of illiteracy, noted especially in the
LUBBOCK HUMAN NEEDS ASSESSMENT, 1988. The Library
grant would enable the Lubbock Area Coalition for
Literacy to maximize the use of their limited annual
funding. It would fund the Literacy Coordinator
position which makes the day-to-day function of the
Coalition office and Clearing house possible. There
is no direct local funding of the project by the
Library. The Library provides indirect support of
office space, utilities, and overall general
administrative support by the Library Director.
Conditions of the contract, if awarded, include:
(1) Quarterly, semiannual, and final
financial status reports;
(2) Final Performance Report, submitted
within 90 days of the end of the
budgeted period;
(3) Assurance of compliance, e.g. Drug
Free Workplace and Americans with
Disabilities Act;
(4) Disclosure of Federal Funding in
Public Announcements.
Deadline for the grant application is January 15,
1993. The application will be forwarded to the
U. S. Department of Education to meet that deadline.
SPAG review will follow. The Texas State Library
will conduct a review of the program for conformity
with the State plan for long-range library
development.
City Council first authorized the Library to apply
for this Federal funding in October, 1989. The
first -year grant began October 1, 1990 and ended
September 30, 1991. The second -year grant funding
began October 1, 1991 and ended September 30, 1992.
The third -year grant funding was not awarded by the
U. S. Department of Education.
Successes of the Project for the second year, just
concluded, are:
1525 Contract calls for the HOTLINE
7 Tutor -training workshops held at the Library
and in the community.
176 Volunteer tutors trained
270 Persons seeking literacy assistance
interviewed at the Library
130 Students paired for work with tutors
125 Students referred to other sources (PIC,
Adult Learning Center, Scottish Rite)
Council authorization would allow this grant
application to proceed. Staff recommends approval.
Councilmember Patterson commended the Coalition for
Literacy for the success of its programs. Mayor
Langston asked how the program works with the
L.I.S.D. G.E.D. program. Program Coordinator Leigh
McPhaul replied that the two program work together,
but with different levels of readers as their target
group.
January 14, 1993
Page 47
Motion was made by Councilmember Patterson, seconded
by Councilmember Aderton to authorize Resolution
#4066 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
The Council recessed at 10:39 a.m. and returned to work session. At
11:25 a.m., Council went into executive session.
93-52A-47-29
(31.)
Committee for Women
Planning and Zoning Commission
Plumbing Board
Municipal Arts Committee
Permit and License Appeal Board
The Council reconvened the regular meeting at 12:10 p.m.
93-52A-47-30
(32.)
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to appoint Maxine McCormick
to the Committee for Women. Motion carried: 7
Yeas; 0 Nays.
93-52A-47-31
(33.) Consider one appointment to the Planning and Zoning
Commission to fill the unexpired term of Nellie
Gomez, who resigned.
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to appoint Alfred Velasquez
to the Planning and Zoning Commission. Motion
carried: 7 Yeas; 0 Nays.
93-52A-47-32
(34.) Consider one appointment to the Plumbing Board to
replace Sam Reyes, who declined appointment.
93-52A-47-33
(35.)
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to hold appointments to the
Plumbing Board. Motion carried: 7 Yeas; 0 Nays.
will serve 2 Year terms. One of the nine members
shall be a representative of the Lubbock Cultural
Affairs Council.
January 14, 1993
Page 48
93-52A-48-34
(36.)
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to appoint Bonnie Aycock,
Tina Fuentes, Sharon Beauchamp, and Pat Phea for
3-year terms, and Melissa Postnickoff, Michael
Molina, James Watkins, Virginia Sowell, and Russell
Hughes for 2-year terms on the Municipal Arts
Committee. Russell Hughes will serve as the
representative of the Lubbock Cultural Affairs
Council (Lubbock Arts Alliance). Motion carried: 7
Yeas; 0 Nays.
Motion was made by Councilmember Ince, seconded by
Councilmember Neugebauer to appoint Walker Metcalf
to replace Phyllis Clark and to hold one appointment
to the Permit and License Appeal Board. Motion
carried: 7 Yeas; 0 Nays.
There being no further business to co before ouncil, motion was made
by Councilmember Ince, seconded by Co ncilmembe A er on adjourn he
meeting at 12:20 p.m. Motion carried: 7 Yeas, Nay s.�
ATTEST:
S-L",
Sally StIll Abbe
Acting City Secretary
Read and approved this the 28th day
ATTEST:
Sally Stil Abbe
Acting City Secretary