Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 12/9/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 9, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 9th day of December, 1993 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor Pro Tem Randy Neugebauer, Councilmember T. J. Patterson, Councilmember Alex Cooke, Councilmember Max L. Ince, Councilmember Victor Hernandez, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty Johnson. Absent: Mayor David Langston. Mayor Pro Tem Neugebauer called the meeting to order at 10:20 A.M. ( 1.) The Invocation was given by Mark Hindman, Fiscal Administration Director. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments f I 93-52B-1015-852 ( 4.) Rita Harmon served as a member of the Board of Directors of the Texas Municipal Retirement System for several years. The Board of Directors of the Texas Municipal Retirement System passed a resolution honoring Rita for her service to the Texas Municipal Retirement System. Mike Harmon and Kim Harmon accepted the resolution. ( 5.) Motion was made by Councilmember Cooke, seconded by Councilmember Ince to approve the minutes of the November 18, 1993 Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. December 9, 1993 Page 1016 93-52B-1016-853 ( 6.) ORDINANCE #9630 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT ALLEY AND A PORTION OF A 30 FOOT DRAINAGE EASEMENT LOCATED IN SECTION 17, BLOCK B, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 93-52B-1016-854 ( 7.) Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on second and final reading Ordinance #9630 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4331 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AVENUES AND ALLEYS 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 362-411, Pheasant Run Addition, made arrangements with Williams and Peters Construction Company, Inc., and Hub City Pavers, Inc., for the construction of paving improvements on certain streets, avenues and alleys dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets, avenues and alleys: The East half of Iola Avenue from the alley return North of 77th Street to the alley return South of 74th Street, known and designated as New Subdivision Sub -Unit Number 66 of Unit Number 2035. 75th Street from the East lip line of Iola Avenue to the point of curvature at Lot 391, Pheasant Run Addition, known and designated as New Subdivision Sub -Unit Number 67 of Unit Number 2035. 75th Street from the point of Run Addition to the North lip designated as New Subdivision Number 2035. curvature at Lot 391, Pheasant line of 76th Street, known and Sub -Unit Number 68 of Unit 75th Place from the East lip line of Iola Avenue to the North lip line of 76th Street, known and designated as New Subdivision Sub -Unit Number 69 of Unit Number 2035. 76th Street from the East lip line of Iola Avenue to the East line of Lot 373, Pheasant Run Addition, known and designated as New Subdivision Sub -Unit Number 70 of Unit Number 2035. Hope Avenue from the South lip line of 76th Street to the alley return South of 76th Street, known and designated as New Subdivision Sub -Unit Number 71 of Unit Number 2035. December 9, 1993 Page 1017 The East-West alley North of 76th Street from Iola Avenue to 75th Place, known and designated as New Subdivision Sub -Unit Number 72 of Unit Number 2035. The East-West/North-South alley South of 75th Street from Iola Avenue to the East-West alley North of 76th Street, known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2035. The East-West alley North of 75th Street from Iola Avenue to the North -South alley West of Huron Avenue, known and designated as New Subdivision Sub -Unit Number 19 of Unit Number 2036. The East-West alley North of 76th Street from 75th Place to 75th Street, known and designated as New Subdivision Sub - Unit Number 20 of Unit Number 2036. The East-West alley North of 76th Street from 75th Street to 117.50 feet East, known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2036. WHEREAS, the construction of the above improvements on the above - mentioned streets, avenues and alleys 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, avenues and alleys BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct the payment of the City's portion of the cost in the amount of $1,526.85 to the Contractor. SECTION 2. THAT this Resolution shall take effect and be in force, from and after the date of its passage. Passed by the City Council this 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney December 9, 1993 Page 1018 According to staff memo, this is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: The east half of Iola Avenue from the alley north of 77th Street to the alley south of 74th Street. 75th Street from Iola Avenue to the point of curvature at Lot 391, Pheasant Run Addition. 75th Street from the point of curvature at Lot 391, Pheasant Run Addition to 76th Street. 75th Place from Iola Avenue to 76th Street. 76th Street from Iola Avenue to the east Line of Lot 373, Pheasant Run Addition. Hope Avenue from 76th Street to the alley south of 76th Street. The East-West alley north of 76th Street from Iola Avenue to 75th Place. The east-west/north-south alley south of 75th Street from Iola Avenue to the east - west alley north of 76th Street. The east -west alley north of 75th Street from Iola Avenue to the north -south alley west of Huron Avenue. The east -west alley north of 76th from 75th Place to 75th Street. The east -west alley north of 76th Street from 75th Street to 117.5 feet east. City cost in the amount of $1,526.85 is due the contractor upon this acceptance. This City participation is for the extra width portion of the designated collector street, Iola Avenue, which is in conformance with existing paving policies. Staff recommended acceptance of these improvements. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4331 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. December 9, 1993 Page 1019 93-52B-1019-855 ( 8.) RESOLUTION #4332 A RESOLUTION ACCEPTING STREET IMPROVEMENTS AS LISTED BELOW: WHEREAS, the City of Lubbock has heretofore entered a Contract with Williams & Peters Construction Company, Inc. for the construction of street improvements on a certain street, to -wit: Urbana Place from 19th Street to 26th Street. WHEREAS, the construction of the above improvements on the above - mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with the terms of said Contract, Project No. 591306: 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 street BE and the same are hereby accepted and the City Engineer is hereby authorized to direct the final payment to the Contractor in the amount of $6,033.71. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City According to staff memo, this is a routine acceptance of paving improvements consisting of street paving, sidewalks, and curb and gutter on Urbana Place from 19th Street to 26th Street. These improvements were part of the 1992-93 CDBG program (18th year entitlement). The estimated contract amount was $122,697.50: the final contract amount is $120,674.18, which is under the original estimated contract by $2,023.32 (1.6 percent). Upon this acceptance the final payment of $6,033.71 will be due the contractor. Staff recommended acceptance of these paving improvements. December 9, 1993 Page 1020 93-52B-1020-856 ( 9.) Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4332 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4333 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, The City of Lubbock awarded a contract January 14, 1993, authorizing the construction of street maintenance improvements by Williams & Peters Construction Company, Inc., on the following streets: 1993 Street Maintenance Program List of Streets Improved Street From To 66th Street Frankford Avenue Bangor Ave 34th Street I-27 500' West of Ave C Texas Avenue 19th Street I-27 82nd Street Slide Road Chicago Avenue Frankford Avenue 50th Street 58th Street 50th Street Elgin Avenue Indiana Avenue 50th Street I-27 Avenue C 50th Street Avenue Q Avenue U 98th Street University Avenue Indiana Avenue University Avenue Auburn Street Clovis Road Slide Road 60th Street South Loop 289 Quaker Avenue 24th Street 29th Street Quirt Avenue E 24th Street Alley S of E 28th 66th Street University Avenue Canton Avenue 82nd Street Frankford Avenue Milwaukee Avenue Texas Avenue 4th Street 7th Street University Avenue 66th Street South Loop 289 University Avenue South Loop 289 76th Street Quaker Avenue 74th Street South Loop 289 Chicago Avenue North Loop 289 19th Street Quirt Avenue E 50th Street Overpass @ E 34th Quirt Avenue Idalou Highway E Broadway Quirt Avenue E Broadway Parkway Drive 29th Street Avenue K Avenue L E 47th Street Globe Avenue Deadend to East E 15th Street Teak Avenue Spruce Avenue Abbeville Avenue 79th Street 82nd -treet Auburn Drive Elkhart Avenue 1st Place Avenue B• 29th Street 30th Street Avenue C 28th Street 30th Street Avenue D 29th Street 30th Street Avenue F 27th Street 28th Street Avenue G 2nd Place 3rd Place Avenue G 27th Street 34th Street Avenue J 66th Street 70th Street Avenue K 28th Street 29th Street Avenue T 50th Street 56th Street Avenue U South Loop 289 82nd Street Avenue W 64th Street 66th Street Bangor Avenue 73rd Street 76th Street Boston Avenue 19th Street 34th Street E Broadway Idalou Highway Holly Avenue Brownfield Drive Englewood Avenue Dover Avenue St St December 9, 1993 Page 1021 Chicago Avenue 66th Street 73rd Street Chicago Avenue 89th Street 98th Street Dixie Drive 19th Street 21st Street Memphis Avenue 19th Street 22nd Street Dover Avenue 46th Street 48th Street Elkhart Avenue 50th Street 48th Street Elm Avenue E 50th Street E 66th Street Geneva Avenue South Loop 289 Cul-de-Sac to North Genoa Avenue 27th Street 32nd Street Greek Circle Quaker Avenue Quaker Avenue N Greek Circle Greek Circle Greek Circle Guava Avenue E 19th Street E Broadway Iola Avenue 19th Street 26th Street Monterey Drive 53rd Street 56th Street Nashville Avenue 54th Street 58th Street Juniper Avenue E 34th Street Coronado Drive Homestead Avenue 81st Street 82nd Street Joliet Avenue 19th Street 21st Street Louisville Avenue 19th Street 21st Street Peoria Avenue Greek Circle 18th Street Peoria Avenue 28th Street 30th Street Peoria Avenue 54th Street 58th Street Quinton Avenue Brownfield Drive 26th Street Salem Avenue 50th Street 55th Street Salem Avenue 65th Street 67th Street Salisbury Avenue 5th Street loth Street Teak Avenue Idalou Highway E 15th Street Uvalde Avenue 81st Street Cul-de-Sac to South Toledo Avenue 61st Street 67th Street Utica Avenue Whisperwood Blvd 2nd Street Vanda Avenue E Broadway Idalou Highway Vernon Avenue 81st Street Cul-de-Sac to South Redbud Avenue Parkway Drive Colgate Street Weber Drive Quirt Avenue Cul-de-Sac to North 2nd Place Avenue H I-27 5th Street University Avenue Avenue T 6th Street Brownfield Highway Boston Avenue 8th Street University Avenue Avenue X 9th Street University Avenue Avenue T 13th Street Avenue T Avenue U E 15th Street Vanda Avenue Teak Avenue E 15th Street Spruce Avenue Quirt Avenue 18th Street Quaker Avenue Norfolk Avenue 21st Street Avenue Q Avenue P 22nd Street Avenue Q Avenue P 22nd Street Indiana Avenue Memphis Avenue 23rd Street Avenue H I-27 23rd Street Ithaca Avenue Memphis Avenue 25th Street Nashville Avenue Deadend to West 26th Street Nashville Avenue Parking lot to West 27th Street Avenue D I-27 27th Street Frankford Avenue Genoa Avenue 27th Street University Avenue Boston Avenue 28th Street I-27 Avenue D 29th Street Avenue D I-27 29th Street Quaker Avenue Salem Avenue 30th Street Avenue A I-27 30th Street Canton Avenue Boston Avenue 31st Street Avenue D I-27 31st Street Boston Avenue Canton Avenue 32nd Street Genoa Avenue Frankford Avenue 42nd Street Dover Avenue Chicago Avenue 46th Street Chicago Avenue Englewood Avenue 47th Street Dover Avenue Englewood Avenue 48th Street Chicago Avenue Englewood Avenue 49th Street Elkhart Avenue Chicago Avenue 53rd Street Salem Avenue Quaker Avenue 53rd Street Indiana Avenue Monterey Drive 53rd Street Gary Avenue Monterey Drive 54th Street Indiana Avenue Memphis Avenue December 9, 1993 Page 1022 54th Street 54th Street 54th Street 55th Street 58th Street E 64th Street 68th Street 69th Street 70th Street 73rd Street 78th Street 79th Street 84th Street 84th Street 89th Street Quaker Avenue Quaker Avenue Avenue U Quaker Avenue Bangor Avenue Elm Avenue Slide Road University Avenue I-27 Chicago Avenue University Avenue University Avenue Avenue P Quaker Avenue Clinton Avenue Memphis Avenue Salem Avenue Avenue T Salem Avenue West Loop 289 Deadend to East Albany Avenue Elgin Avenue Avenue L Frankford Avenue Avenue U Avenue X Deadend to West Orlando Avenue Chicago Avenue WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions to the City streets BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $ 88,565.59. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by the City Council this 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to staff memo, this item is a routine acceptF-,e of the 1993 Street Maintenance Program, which consisted of single -course and two -course surface treatment on all streets listed in the acceptance resolution. The original contract amount was $1,595,331.10, with Change Order No. 1 increasing it by $120,136.80 to $1,715,467.90. Change Order No. 1 authorized the widening and seal coating of 82nd Street west of Frankford Avenue to the City limit. Change Order No. 2 increased the contract amount by $32,396.50 to $1,747,864.40. Change Order No. 2 was the addition of seal coating various parking lots for other City facilities (Fire Department, Lubbock Power and Light, and the Civic Center). December 9, 1993 Page 1023 93-52B-1023-857 (10.) The final contract price is $1,742,633.20 and final payment due the contractor upon acceptance is $88,565.59. The Street Department recommended the approval of this routine acceptance and the release of the final $88,565.59 of the contract to the contractor. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4333 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4334 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/Alley And/Or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Texaco Refining & Marketing, 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 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney December 9, 1993 Page 1024 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 9th day of December, 1993, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TEXACO REFINING & MARKETING, INC., hereinafter called "PERMITTEE." WITNESSETH: Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK does hereby grant to the PERMITTEE, the right, privilege and license to use portions of dedicated streets and/or alleys and/or City public grounds for groundwater monitoring wells, to -wit: TRACT 1 METES AND BOUNDS DESCRIPTION of a ground water monitoring well located in the West right-of-way of Slide Road, adjacent to Lot 228, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, as shown by plat recorded in Volume 733, Page 489 of the Deed Records of Lubbock County, Texas, and being the Southeast-1/4 of Section 5, Block E-2, Lubbock, Lubbock County, Texas, and being further described as follows: BEGINNING at the center of this ground water monitoring well which bears N. 00-01'25" E., a distance of 1977.03 feet and N. 89 58'25" W. a distance of 43.50 feet from the Southeast corner of Section 5, Block E-2, Lubbock, Lubbock County, Texas; THENCE N. 00 01'25" E. a distance of 49.50 feet: THENCE S. 89 58'25" E. a distance of 1.50 feet from the Southeast corner of Lot 228, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, and is known as monitoring well No. 7. TRACT 2 METES AND BOUNDS DESCRIPTION of a ground water monitoring well located in the West right-of-way of Slide Road, adjacent to Lot 227, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, as shown by plat recorded in Volume 733, Page 489 of the Deed Records of Lubbock County, Texas, and being out of the Southeast 1/4 of Section 5, Block E-2, Lubbock, Lubbock County, Texas, and being further described as follows: BEGINNING at the center of this ground water monitoring well which bears N. 00 01'25" E., a distance of 1846.33 feet and N. 89 58'25" W. a distance of 43.50 feet from the Southeast corner of Section 5, Block E-2, Lubbock, Lubbock County, Texas: THENCE S. 00 01'25" W. a distance of 61.20 feet; THENCE S. 89 58'25" E. a distance of 1.50 feet from the Northeast corner of Lot 227, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, and is known as monitoring well No. 8. Texas Water Commission leaking petroleum storage tank, L.P.S.T. Site No. 106805. December 9, 1993 Page 1025 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 original or any subsequent 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 permit with or without cause upon thirty (30) days prior written notice to the PERMITTEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to PERMITTEE at the last known address of PERMITTEE. Application fee for this permit is ONE HUNDRED FIFTY AND NO/100 DOLLARS ($150.00) and is non-refundable. Upon expiration or cancellation and revocation of this permit by the CITY OF LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements that are permitted under this permit shall be removed by the PERMITTEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event PERMITTEE 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 PERMITTEE for which PERMITTEE shall be liable. PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) cash in advance contemporaneously with the acceptance and execution hereof by PERMITTEE for the first five (5) year non-refundable term of this permit, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK. 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 PERMITTEE 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. This first five (5) year ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) fee shall be tendered in the form of a certified or cashier's check prior to the placing of the request for this permit on the City Council Agenda. This five (5) year fee is only refundable if this permit request is turned down by the City Council. 2. The PERMITTEE agrees to pay all costs arising out of the exercise of this permit 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 permit. PERMITTEE must utilize all necessary construction barricades, warning signs, and traffic control devices, in accordance with the Texas Manual on Uniform Traffic Control Devices (T.M.U.T.C.D.), when drilling the monitor well, inspecting the monitor well or testing of water samples and removal of the monitor well. All drilling fluids and cuttings are to be emptied at Texas Water Commission approved sites and not be emptied onto City streets, alleys, or City owned property. 3. - In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, the PERMITTEE 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 PERMITTEE'S use herein. All work is to be done in compliance with local, State and Federal laws and regulations. 4. This permit is not transferable by the PERMITTEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. December 9, 1993 Page 1026 5. This permit is made subject to the condition that should the PERMITTEE exercise any right under the permit 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 PERMITTEE, 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 permit or the construction or maintenance and use permitted herein. PERMITTEE is responsible and liable for any and all contamination done to the water table if such occurs during the drilling, monitoring or filling of the well. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by the PERMITTEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in any amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to the PERMITTEE- prior to incurring any costs or expenses or the payment of any such claims or demands in order to give the PERMITTEE a reasonable opportunity to settle or adjust the same. 6. If the street or alley area is ever widened and the well is found to be located in the portion to be widened and must be relocated, PERMITTEE must fill the old well and drill a new well at PERMITTEE'S sole expense. This new well, if required by the Texas Water Commission, could be located on City owned property and PERMITTEE will be responsible for additional licensing costs. 7. After completion, the well shall be permanently filled and capped to the requirements of the City, the Underground Water Conservation District, the Texas Water Commission or other applicable specifications. In general, the finished surface shall be left in a condition at least as good as that which existed prior to the drilling operations. 8. PERMITTEE agrees and is required to furnish a policy of public liability and property damage insurance within limits as follows: Comprehensive General Liability Insurance Amounts - Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate OR Commercial General Liability Insurance Amount $600,000 combined single limit each occurrence and in the aggregate Solely at PERMITTEE'S expense, PERMITTEE shall do one of the following things: (1) PERMITTEE may furnish a separate insurance policy showing the CITY OF LUBBOCK as named insured; or (2) PERMITTEE may furnish an insurance certificate showing the CITY OF LUBBOCK as an additional named insured by endorsement on PERMITTEE'S insurance policy. December 9, 1993 Page 1027 9. All of the covenants and provisions of this permit 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 PERMITTEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 10. PERMITTEE, by its 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 PERMITTEE waives any and all claims in and to the public way PERMITTEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. Written notices required hereunder shall be mailed to the CITY OF LUBBOCK, addressed to the City Manager, P. 0. Box 2000, Lubbock, Texas 79457. Written notices required hereunder should be mailed to the PERMITTEE, Texaco Refining & Marketing, Inc., 1437 So. Boulder, Tulsa, Oklahoma 74119. CITY OF LUBBOCK BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney AGREED TO AND ACCEPTED this day of PERMITTEE: TEXACO REFINING AND MARKETING, INC. 1993. December 9, 1993 Page 1028 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of December, 1993. [Seal] THE STATE OF TEXAS COUNTY OF ° /s/ Beatriz M. Rodriquez Notary Public in and for the State of Texas Beatriz M. Rodriguez Printed or Typed Name of Notary My Commission Expires:04/03/95 BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared , known to me to be the person whose name is subscribed tote foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein stated as the act and deed of aforesaid PERMITTEE. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1993. [Seal] Notary Public in and for the State of Texas Printed or Typed Name o Notary My Commission Expires: This permit allows Texaco's representative, Southwest Geological and Environmental Services, Inc., of Lubbock to drill two groundwater monitor wel'- in the west parkway of Slide Road, between 28th Street and 29th Drive. One well will be located north of the alley between 29th Drive and 28th Street and the other just south of the alley. These wells will give Southwest Geological a means of checking possible water pollution which has occurred from previously leaking underground fuel tanks at the Texaco Service Station on the east side of Slide Road. The Texas Water Commission has asked them to go off -site with these monitor wells. 93-52B-1029-858 (11.) December 9, 1993 Page 1029 All utilities are in agreement and permission has been received from the abutting property owner. The applicant's fee has been received; the City will receive $200 per year for these two well locations. The permit is for twenty years, payable every five years, in advance. The Right -of -Way Department recommended the issuance of this monitor well permit. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4334 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4335 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 in favor of Fields and Company, attached hereto, 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 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, First Assistant City Attorney A copy of the Street Use License with Fields and Company is filed with Resolution No. 4335. December 9, 1993 Page 1030 93-52B-1030-859 (12.) This resolution authorizes a street use license with Fields and Company for three surface right-of-way encroachments. The first of the three is a 4,071 sq. ft. encroachment into the south right-of-way of 4th Street, just west of Avenue 0. This area is currently being used for parking lot area and a sign. This was once covered by a previous street - use license which recently expired. The valuation of this encroachment is as follows: 4,071 sq.ft. x $3.50 per sq.ft. x 10% _ $1,424.85 charge per year. The $3.50 valuation is taken from the Lubbock Central Appraisal District records and the Right -of - Way Department confirmed this valuation by reviewing land comparables from a recent appraisal near Fields and Company. The second of the three encroachments is a 1,370 sq. ft. encroachment into the north right-of-way of 5th Street at its intersection with Avenue P. This excess street area is currently being used for storage of equipment and materials. The valuation of this encroachment is as follows: 1,370 sq.ft. x $3.00 per sq.ft. _ $4,110 x 10% _ $411 charge per year. The $3.00 per sq. ft. valuation comes from the Lubbock Central Appraisal District and the appraisal review. The last of the three encroachments is a 31 sq. ft. encroachment into the west right-of-way of Paris Avenue. This area is encroached upon by the building itself by one -inch at the north end and 3-inches at the south end. The valuation of this encroachment is as follows: 31 sq. ft. x $3.00 per sq. ft. x 10% (10% is the percent used in the street -use license formula for surface use of the right-of-ways set by resolution) _ $9.30 charge per year. The total due for all three encroachments is $1,424.85 + $411.00 + $9.30 = $1,845.15. The license is for 20 years, payable five years in advance, or 5 years x $1.845.15 = $9,225.75. These encroachments were all indicated on a recent survey and a title company has instructed Fields and Company to obtain a street use license for them. The Right -of -Way Department recommended the issuance of this Street -Use License to Fields and Company. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4335 as recommended by staff. Motion carried: 6 Yeas: 0 Nays. RESOLUTION #4336 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT A, BLOCK 135, ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract A, Block 135, Original Town Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition: and December 9, 1993 Page 1031 WHEREAS, the total utility cost to the developer is $22,532.95, with the improvements constructed by Utility Contractors of America having a value of $22,532.95, as determined by the unit prices established by said Chapter 28, with Citibus, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $22,532.95, including value of construction costs of $22,532.95. The developer, Lubbock Citibus, will not receive a refund in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4336 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. December 9, 1993 Page 1032 93-52B-1032-860 (13.) RFP #12099--Integrated Information Systems Environment and authorize same (Information Services). RESOLUTION #4337 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 and all related documents by and between the City of Lubbock and £Data West Systems of Bellevue, WA to furnish and install all materials as bid for the Integrated Information Systems Environment for the City of Lubbock, which contract is attached hereto, 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 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § December 9, 1993 Page 1033 THIS AGREEMENT, made and entered into this 9th day of December, 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 Data West Systems of the City of Bellevue, WA, and the State of Washington, 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. 12099--Integrated Information Systems Environment (Information Services) in the amount of $155,464 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/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Tom Tuning ATTEST: Secretary COMPLETE ADDRESS: Data West 400 112th Suite 290 Bellevue, CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Data West Systems CONTRACTOR By: /s/ Gary Vowels TITLE: Systems Avenue, N.E. December 9, 1993 Page 1034 93-52B-1034-861 (14.) Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4337 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4338 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 and all related documents by and between the City of Lubbock and Advanced Control Systems, Inc. of Norcross, GA to furnish and install all materials as bid for the Dual Master, Open Architecture, Supervisory Control and Data Acquisition System for the City of Lubbock, which contract is attached hereto, 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 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vanidver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK December 9, 1993 Page 1035 THIS AGREEMENT, made and entered into this 9th day of December, 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 Advanced Control Systems, Inc. of the City of Norcross, GA, County of Gwinnett, and the State of Georgia, 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. 12668--Dual Master, Open Architecture, Supervisory Control, and Data Acquisition System (Electric Distribution) in the amount of $277,470.00 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/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Brent A. Heath ATTEST: /s/ Name Not Legible Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Advanced Control Systems CONTRACTOR By: /s/ Name Not Legible TITLE: EVP/CFO COMPLETE ADDRESS: Advanced Control Systems, Inc. 2755 Northwoods Parkway Norcross, GA 30071 P.O. Box 922548 Norcross, GA 30092-8346 December 9, 1993 Page 1036 93-52B-1036-862 (15.) Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4338 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9677 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2718; A ZONING CHANGE FROM T TO A-2 AND R-2 ZONING, FOR A PERSONAL CARE FACILITY AND DUPLEX GARDEN HOMES ON 4.929 ACRES OF TRACT A, TERRA ESTATE NORTH ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Neugebauer opened the public hearing at 10:30 a.m. Bernie Trudell appeared on behalf of Don Osborne to present this request for zone change from T to A-2 and R-2. No one appeared in opposition. Mayor Pro Tem Neugebauer closed the hearing at 10:31 a.m. Randy Henson, Senior Planner, presented staff comments. The proposal for A-2 on this parcel would be limited to accommodate a personal care facility on the east end and R-2 for the rest of the property, towards Oak Ridge Avenue, which will accommodate either duplex units, townhomes, or garden homes. Mr. Henson gave the adjacent land use relationships as follow: North - R-1 single family South - zoned R-1, policy commercial East - zoned C-3, vacant West - zoned R-2, vacant According to staff memo, the Comprehensive Land Use Plan notes this area as commercial. This request is a less intense land use from a policy standpoint. Since the area north of the alley is single-family, the request is also consistent with zoning policy. This project will buffer the single-family from 4th Street. The Planning and Zoning Commission considered for the duplex (R-2) portion, at the request of the proponent and with the support of the staff, a condition limiting the number of drive approaches on 4th Street. The proposed condition is the same as approved in a recent R-2 zone case to the west. The Planning and Zoning Commission recommended approval of this request by a vote of 9-0 subject to the following conditions: 1. That the zoning of Tract 1 be changed from T to A-2 and that it be limited to a personal care facility. 93-52B-1037-863 (16.) December 9, 1993 Page 1037 2. That the zoning of Tract 2 be changed from T to R-2 and that each pair of lots will use a single, shared driveway to 4th Street, or a minimum of one (1) drive cut per four (4) residential units. Staff supported the P&Z recommendation. Motion was made by Councilmember Ince, seconded by Councilmember Cooke to pass on first reading Ordinance #9677 with conditions recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4339 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment to Electrical Power Lines Land Use Permit Agreement by and between the City of Lubbock and Midwest Electric Cooperative, Inc., attached hereto, 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 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, 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 December 9, 1993 Page 1038 AMENDMENT TO ELECTRICAL POWER LINES LAND USE PERMIT AGREEMENT THE STATE OF TEXAS COUNTY OF GARZA WHEREAS, the CITY OF LUBBOCK, TEXAS, a Texas Home Rule Municipality, herein called "CITY," and MIDWEST ELECTRIC COOPERATIVE, INC., a Texas Cooperative corporate public utility company, herein called "PERMITTEE," on or about February 14, 1991, executed an Electrical Power Lines Land Use Permit Agreement: and WHEREAS, in such Agreement the CITY granted unto PERMITTEE a permit to lay, construct, repair, maintain, or remove, and use underground and overhead electrical power lines, poles, guy wires, transformers, and all other power lines, poles, guy wires, transformers, and all other related electrical power lines, fixtures, substations and equipment in, upon, over, under, along and across certain real property owned and controlled by the CITY: and WHEREAS, in response to a request from PERMITTEE, the CITY passed Resolution No. 4028 on December 10, 1992, which purported to extend and amend the above -described Permit Agreement to include two (2) additional tracts of real property in which PERMITTEE could place its power lines and related equipment: and WHEREAS, PERMITTEE has now requested that the Permit Agreement be amended again to include another tract of land: and WHEREAS, the CITY has determined that such a request is supported by consideration and it would be in the public interest to grant such a request; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: 1. THAT the Electrical Power Lines Land Use Permit Agreement between the CITY and PERMITTEE executed on or about February 14, 1991, is hereby amended by modifying numbered paragraph I of the Agreement to. read as follows: I. THAT in consideration of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable consideration and the mutual agreements to be kept and performed by the undersigned parties, the CITY does hereby grant unto PERMITTEE a permit to lay, construct, repair, maintain, or remove, and use underground and overhead electrical power lines, poles, guy wires, transformers, and all other related electrical power lines, fixtures, substations and equipment in, upon, over, under, along, and across the following described real estate owned and controlled by said CITY, to - wit: Across Sections 70, 71, 72 and 78, ano the Southwest Quarter of Section 106, Block 5, H. & G. N. R.R. Co. Survey, Garza County, Texas. The Southeast Quarter of Section 106 and the Southwest Quarter of Section 95, both in Block 5, H. & G. N. R.R. Co. Survey, Garza County, Texas. All of Section 4, Block 6, H. & G. N. R.R. Co. Survey, Garza County, Texas. December 9, 1993 Page 1039 2. THAT all other terms and conditions of the Permit Agreement herein amended are hereby ratified and except as modified above shall be and remain the same. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the 9th day of December, 1993. CITY OF LUBBOCK BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, 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 MIDWEST ELECTRICAL COOPERATIVE, INC. BY:/s/ Vesta Orr THE STATE OF TEXAS ° COUNTY OF LUBBOCK ° BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared DAVID R. LANGSTON, known to me to be the person whose name is subscribed to the foregoing instrument and acknoweldged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as its MAYOR, for the purposes and consideration therein expressed, and in the capacity herein stated. 1993. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of December, /s/ Beatriz M. Rodriguez Notary Public Lubbock County, Texas My Commission Expires:04/03/95 December 9, 1993 Page 1040 THE STATE OF TEXAS COUNTY OF FISHER BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Vesta Orr, 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 Midwest Electric Cooperative, Inc. 1993. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21st day of December, /s/ Billie L. Holcomb Notary Public Fisher County, Texas My Commission Expires:10/31/96 On February 14, 1991, the City Council authorized an electrical powerlines and land use permit agreement with Midwest Electric Coop of Roby, Texas, to place their powerlines across four sections of land acquired for Lake Alan Henry to serve the dam and construction area with electrical power. On December 10, 1992, the City Council authorized Resolution No. 4028, which added two additional tracts of land to this permit to serve the public access area. Midwest now desires to add one more section of land, Section 4, Block 6, H.& G.N.R.R. Co. Survey, Garza County, Texas. This section of land will be crossed by a Midwest powerline which will in the future serve the dam with additional power. This agreement, to be signed by the City and Midwest, will allow this new section of land to be crossed by Midwest's powerline. The Right -of -Way Department recommended the acceptance of this agreement because it is necessary for the operation of the Lake Alan Henry Dam. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize Resolution #4339 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-1041-864 (17.) RESOLUTION #4340 December 9, 1993 Page 1041 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Chatman Hill Neighborhood and the Arnett Benson Neighborhood be and are hereby approved as the designated Target Neighborhoods of the City of Lubbock for the Community Development Block Grant 1994 - 1995 Program Year. Passed by the City Council this 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman to £Doug Goodman, Interim Director Housing and Community Development APPROVED AS TO FORM: /s/ Linda Chamales Linda L. Chamales, Assistant City Attorney On November 19, 1993 the Community Development Advisory Committee (CDAC) of the City of Lubbock took a tour of ten potential target neighborhoods. The neighborhoods toured were Arnett Benson, Chatman Hill, Cherry Point, Elliston-Bozeman, Heart of Lubbock, Jackson, Manhattan Heights, North Overton, Posey and South Overton. The Community Development staff analyzed the ratings which were based on neighborhood needs and presented the data to the CDAC on November 23, 1993. It was reported to the CDAC that they had ranked the Chatman Hill Neighborhood first with a total of 72 points, the North Overton neighborhood second with a total of 69 points, and the Arnett Benson neighborhood third with a total of 68 points. The fourth ranked neighborhood received 57 points. From this data it can be seen that the top three neighborhoods were very equal. After considerable discussion, the CDAC members voted to recommend that Chatman Hill and Arnett Benson be designated by the City Council as the Targeted Neighborhoods for the FY 1994-95 Community Development Program Year. The Community Development staff met with other City Departments to identify past work in neighborhoods falling within HUD approved census tracts. After this data was gathered and outlined on maps, the City Council and the Community Development Advisory Committee were briefed. City Council members then met with members of the CDAC to outline their thoughts pertaining to the process. December 9, 1993 Page 1042 93-52B-1042-865 (18.) The CDAC then toured all the neighborhoods and ranked each neighborhood. After much discussion, the CDAC chose Arnett Benson and Chatman Hill as the targeted neighborhoods for FY 1994-95 Community Development Program Year. Community Development staff in a separate rating also listed these two neighborhoods as their choice for targeting funding. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution _. #4340 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. system. RESOLUTION #4341 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 Interlocal Agreement, attached herewith, by and between the City of Lubbock and Texas Tech University, and any associated documents, which Agreement 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 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Vicki Key Vicki Key, Acting Civic Centers Director APPROVED AS TO FORM: /-,i Donald G. Vandiver Du,,ald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Agreement between the City of Lubbock and Texas Tech University is filed with Resolution No. 4341. December 9, 1993 Page 1043 As part of the bond election held in May of 1993, a capital project was approved to install a cooling system in the Lubbock Municipal Coliseum. The amount budgeted for construction was $1,410,000. During the development of the CAC request submittal phase, consulting engineers, Fanning, Fanning & Associates, identified three options for providing the chilled water supply to meet the refrigeration load of the system. The most desirable and cost effective method was the installation of a tunnel to the nearest utility vault on the Texas Tech campus with insulated chilled water piping connected to the campus system. In September 1993 an agreement was negotiated with Fanning, Fanning & Associates to develop plans and specifications for the cooling system project. It was their recommendation that the option of connecting to the campus system for the chilled water supply be explored due to the low maintenance and cost savings that the City would realize by not having to maintain a stand-alone system. A cost benefit analysis indicates that the City will realize a savings of approximately 47% when taking into consideration the capital cost of a stand-alone system, equipment maintenance contracts, and operating cost versus the capital cost of the tunnel construction, equipment maintenance, and cost of the purchased chilled water from the University. Several meetings were held with Texas Tech and City staff representatives to discuss the feasibility, and terms and conditions. A recap of the key provisions of the negotiated Agreement are as follows: 1. The City will, at their expense, construct a tunnel from the Coliseum to the nearest underground campus utility vault and will provide the necessary insulated piping from the vault to the Coliseum for chilled water. The City will include, as an alternate bid, the installation of piping for steam, contingent upon available funding. The City has agreed to design the tunnel to meet future accommodations of utility needs, such as steam. 2. The University will have the opportunity to review and approve the engineer's drawings at both the 50 percent completion phase and the 90 percent completion phase. 3. The Coliseum will provide a monthly listing of scheduled event activities to Texas Tech so as to maintain efficient operations and coordinate utility usage schedules. December 9, 1993 Page 1044 4. A priority listing of facilities, provided by Texas Tech University is to be put into effect when cooling curtailment for shutdown of the University's central cooling system is required. The order of priority for the Auditorium -Coliseum will be in effect when being leased for an event. 5. The City will hold harmless the University for unavoidable interruption of service and the University will notify the Coliseum staff immediately upon detection of the interruption. 6. The City will, at their expense, maintain the tunnel and the lines from the interconnect to the Coliseum and will have authorized access to these areas for maintenance and repair as outlined in the Access Agreement. 7. The rate agreed upon for the chilled water supplied by Texas Tech will be based upon valve usage as follows: Valve No. 1 (up to 300 ton capacity): $30.00 per run-time hour Valve No. 2 (up to 600 ton capacity): $50.00 per run-time hour Both Valves concurrently: $75.00 per run-time hour 8. The rates and actual usage of chilled water will be reviewed periodically and adjusted to meet the University's actual cost. The adjusted rate, however, should not exceed the University's utility rate cost recovery. 9. The term of the agreement will be for five years from the date of execution and will be renewed automatically for successive one- year periods unless either party provides written notification of termination not less than 60 days prior to the end of the applic,hle contract period. This agreement has been reviewed by Texas Tech representatives and City staff. It will be presented to the Texas Tech Board of Regents for their approval at their December 17 meeting. The option of connecting the Coliseum to the Texas Tech campus underground utility system has been determined to be the most cost effective method of providing chilled water for the Coliseum cooling system. The system will be designed for the future accommodation of full services, including steam and other related utilities. Staff recommended approval of the proposed agreement, pending approval from the Texas Tech Board of Regents. 93-52B-1045-866 (19.) December 9, 1993 Page 1045 Motion was made by Councilmember Ince, seconded by Councilmember Aderton to authorize Resolution #4341 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4342 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 Contract Change No. 2 to the Public Health Services Contract, TDH Document No. C4000133, with the Texas Department of Health, which Change No. 2 includes attachments for HIV Intervention and Tuberculosis Outreach programs, which Contract Change No. 2 is attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Acting Director Community Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Each year the City of Lubbock and the Texas Department of Health sign a contract to cooperate in the funding of health services with Lubbock City/County. If additional funds become available or if additional health needs are identified, the contract is amended. In attachment 4, the Texas Department of Health proposes to give the City $43,471 for HIV/AIDS health education/risk reduction projects which prevent infection and reduce transmission of human immunodeficiency virus/acquired immunodeficiency syndrome. The City agrees to provide service to an estimated 5,000 clients in Lubbock County. Of the funds, $32,478 is for the AIDS Educator's salary and fringe benefits and $1,665 is for indirect costs. December 9, 1993 Page 1046 93-52B-1046-867 (20.) Attachment 5 provides $20,073 to the City for Tuberculosis Prevention. The City agrees to provide outreach services to 225 individuals who have tuberculosis or are at high risk of developing tuberculosis. The contract provides $17,863 for salary and fringe benefits for one outreach worker and $835 for indirect costs. With the addition of these two attachments, the Texas Department of Health increased its total public health assistance to the City of Lubbock to $839,774. Attachment 6 for WIC services was returned to the State because of incorrect reimbursement numbers. When the contract is revised, staff will bring it before the City Council. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4342 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4343 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 Supplemental Agreement No. 1 to an October 8, 1992 Agreement between the City of Lubbock and £HDR Engineering, Inc. for to £professional engineering services associated with permitting activities for the new landfill site, attached hereto, 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 9th day of December, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lee Ramirez to £Lee Ramirez, Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Supplemental Agreement No. 1 is filed with Resolution No. 4343. December 9, 1993 Page 1047 During the September 10, 1992 City Council work session, staff was instructed to negotiate a contract with HDR Engineering, Inc. (HDR), for site selection and permitting activities for a new landfill. This agreement became effective on October 8, 1992. The work was separated into two phases. Phase I represents site selection. Phase II represents permit preparation and submission to the Texas Natural Resource Conservation Commission (TNRCC). Phase I, for site selection, was completed on August 12, 1993 when the task force presented its recommendation to the City Council, and the fee for this phase was $114,714.44. The recommendation called for the purchase of a 1,280 acre site located in northern Lubbock County. On November 18, 1993, the City Council authorized the Mayor to enter into land option contracts for the purchase and use of the site. HDR is ready to initiate Phase II, for permitting the new landfill. A proposed scope of services for Phase II was included in the first agreement; however, no specific fee was presented. Also, there have been recent changes in state and federal solid waste management regulations. Thus, a supplemental agreement is needed to modify and complete the first agreement. Major components to be completed by HDR during Phase II include the following: Pre -application review with the TNRCC Part I: landfill permit application Part II: description of existing conditions and character of the site Part III: engineering information and detailed investigative reports Part IV: site operating plan Part V: construction documents Public Hearing after TNRCC review The estimated cost for Phase II is $692,720. This includes a maximum of $442,910 for HDR personnel and subcontractor services, and $249,810 for reimbursable expenses. The completion schedule for submitting the permit application to the TNRCC is approximately 24 months. Once the TNRCC receives the permit, an additional 12 to 24 months of review and public hearing should be expected before the permit is approved. Citizen opposition at the public hearing may extend the time schedule. Funds for this project are included in the Solid Waste Management FY 1993/94 Capital Budget, Project No. 2143-9855, Landfill Permit. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to authorize Resolution #4343 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. December 9, 1993 Page 1048 93-52B-1048-868 (21.) 93-52B-1048-869 (22.) 93-52B-1048-870 (23.) 93-52B-1048-871 (24.) 93-52B-1048-872 (25.) Hold an executive session, in accordance with Article 6252-17 Sec. 2(g), VATS, to discuss personnel matters (City Secretary and City Attorney). Hold an executive session, in accordance with Article 6252-17 Sec. 2(g), VATS, to discuss personnel matters regarding duties, responsibilities and/or appointments to: Board of Health Lubbock Cultural Affairs Council Board of Electrical Examiners Neighborhood Redevelopment -Urban Renewal -Southeast Lubbock Development Corporation Committee for Women Community Development Advisory Committee Lubbock Municipal Arts Committee Community and Neighborhood Services Commission Civil Service Commission Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to reappoint Gary Schwede and hold on the other appointment to the Board of Health. Motion carried: 4 Yeas: 0 Nays-- Councilmember Aderton and Councilmember Ince absent from the Council Chambers. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to reappoint Kay Woods Brown and appoint Anna Mosqueda to replace Rita Harmon on the Lubbock Cultural Affairs Council. Motion carried: 4 Yeas: 0 Nays--Councilmember Aderton and Councilmember Ince absent from the Council Chambers. 93-52B-1049-873 (26.) 93-52B-1049-874 (27.) 93-52B-1049-875 (28.) 93-52B-1049-876 (29.) December 9, 1993 Page 1049 Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to hold on making four appointments to the Board of Electrical Examiners until December 16, 1993. Motion carried: 4 Yeas; 0 Nays--Councilmember Aderton and Councilmember Ince absent from the Council Chambers. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to appoint Marie Taylor and Irasema Velasquez to the Neighborhood Redevelopment -Urban Renewal -Southeast Lubbock Development Corporation. Motion carried: 4 Yeas; 0 Nays--Councilmember Aderton and Councilmember Ince absent from the Council Chambers. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to reappoint Kay Sanford and Diane Lowell and to appoint Tommie Hatch, Mary Pineda, Vickie Bennett, Lavon Worthy, Marsha Sharp, and Carol Levensen to the Committee for Women. Motion carried: 4 Yeas; 0 Nays--Councilmember Aderton and Councilmember Ince absent from the Council Chambers. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to hold on making one appointment to the Community Development Advisory Committee. Motion carried: 4 Yeas; 0 Nays-- Councilmember Aderton and Councilmember Ince absent from the Council Chambers. December 9, 1993 Page 1050 93-52B-1050-877 (30.) 93-52B-1050-878 (31.) 93-52B-1050-879 (32.) Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to appoint Eric Strong to the Lubbock Municipal Arts Committee. Motion carried: 4 Yeas; 0 Nays--Councilmember Aderton and Councilmember Ince absent from the Council Chambers. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to appoint Courtney Mason to the Community and Neighborhood Services Commission. Motion carried: 4 Yeas; 0 Nays-- Councilmember Aderton and Councilmember Ince absent from the Council Chambers. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to confirm appointment of Marta Rosas to the Civil Service Commission. Motion carried: 4 Yeas; 0 Nays--Councilmember Aderton and Councilmember Ince absent from the Council Chambers. There being no further business by Councilmember Cooke, seconded the meeting at 3:10 p.m. Motion Aderton and Councilmember Ince a ATTEST: Betty IM. Jo nson, ity ecretary to come before Council, motion was made by Co tuber Hernandez to adjourn car ed: 4 s; 0 Nays--Councilmember bsen from the uncil C ambprs. Read and approved this the 16th day ATTEST: 6.B Vy o nson , y ecretary