HomeMy WebLinkAboutResolution - 053 - Agreement - Hemphill-Wells Co - Customer Bill Collections, LP&L - 01/25/19794
Reso #53
1/25/79
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RESOLUTION
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 agree-
ment between Hemphill -Wells Company and the City of Lubbock, 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 25th day of January , 1979
00 -A -JL
COUNCILWOMAN MROLYN J RDAN, Presiding
AT ST:
E elyn Ga _ga, City S cr t -Treasurer
APPROVED AS TO FORM:
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Donald �G.Vandiver, Assistant City Attorney
APPROVED AS TO CONTENT:
Carroll McDonald
Director of Utility Sales and Service
AGREEMENT
BETWEEN
HEMPHILL-WELLS COMPANY
AND
CITY OF LUBBOCK
WHEREAS, Hemphill -Wells Company, desiring to offer more
customer services, offers to the City of Lubbock, acting by and
through Lubbock Power and Light and Water, to collect Lubbock
Power and Light and Water customer bills at its facilities and
by its personnel and whereas Lubbock Power and Light and Water
desires to make utility bill payment easier for its customers;
NOW THEREFORE, it is agreed as follows:
1. Hemphill -Wells Company is authorized to collect only
current bills,showing no delinquency of pevious bill and only
if the customer presents the bill to them in person.
2. Any checks or money orders accepted by Hemphill -Wells
Company shall be made payable directly to Hemphill -Wells Company
and Hemphill -Wells Company will issue a receipt to each customer
upon payment.
3. Once each day Hemphill -Wells Company will list all pay-
ments for Lubbock Power and Light and Water customer bills on a
"Utiiity_Collection Summary" form and make one check payable to
Lubbock Power and Light and Water for all collections since the
previous form was prepared.
4. The "Utility Collection Summary", the check for col-
lections and copies of all payment receipts issued by Hemphill -
Wells Company shall be brought to the Lubbock Power and Light
and Water office before 5 p' -m. of each week day not a City of
Lubbock holiday.
5. Hemphill -Wells Company will not attempt to collect from
the City of Lubbock for any insufficient checks or other payments
that it receives from its customers.
6. Hemphill -Wells Company agrees to hold the City of Lubbock
harmless from any or all claims for loss or damage of any kind
whatsoever, and by whomsoever claimed or asserted, occasioned by
or in connection with any acts of Hemphill -Wells Company personnel
in connection with this agreement or resulting from City of Lubbock
action to terminate services when payment has been made to Hemp-
hill -Wells Company.
7. Lubbock Power and Light and Water reserves the right
to contact Hemphill -Wells Company during normal business hours
on any week day not a city holiday with regard to payments made
by customers in areas scheduled for cut off.
8. All payments accepted by Hemphill -Wells will be in full
for the total amount of the respective bill.
9. Nothing herein shall be construed as creating the relation-
ship of employer and employee between the City of Lubbock and
any Hemphill -Wells Company employee. In carrying out this agree-
ment, Hemphill -Wells Company shall select its own employees and
such employees shall be and act under the exclusive and complete
supervision and control of Hemphill -Wells Company
10. Either party may at any time terminate this agreement
by giving 30 days written notice of such intent to terminate to
the person signing this agreement for each party or such person as
may occupy that same position when such notification is given.
Executed this 25th day of January , 1979.
HE ILL -WELLS COMPANY CITY OF LUBBOCK
VICE Presidenor
ATTES
T~W.dretary
ATTEST:
APPROVED AS TO CONTENT:
e
Director ot Utility Sa es an
Service
APPROVED AS TO FORM:
h
As stant City Attorney
CITY OF LUBBOCK
MEMO
TO: Leona Maxwell, L P & L Office Manager
FROM: Donald G. Vandiver, Assistant City Attorney
SUBJECT: Agreement with Hemphill -Wells
DATE: January 9, 1979
The attached contract and Resolution should be reviewed by
your office and any -changes requested should be brought to my
attention at the earliest possible time. This contract should be
placed on the City Council Agenda at the meeting of January 11th,
for hearing on January 25th by the Council. Prior to the time
that this contract is presented to the City Secretary, before
Council action, it should be signed by the Director of Utility
Sales and Service and by Hemphill -Wells. The City Attorney has
also read the contract and approved it although I have signed the
contract, as approved as to form, since L P & L is one of my
Departments. Please do not hesitate to call me if you discover
problems or need changes in this document. However, if there are
minor changes or corrections, please pencil them in lightly so
that we may avoid retyping the entire document if possible.
DGV:cI
JAN 13 !9799
MY sfcRkTARY