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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/28/1972SEPTEMBER 28, 1972 REGULAR CITY COUNCIL MEETING The City Council of the City of Lubbock, Texas; met at 10:00 o'clock a.m. in the regular meeting' place at City Hall, the following members thereof being present to -Tait: Mayor -Morris W. Turner and•Councilman Lonnie F. Hollingworth, Councilwoman Carolyn Jordan, Councilmen John E. Baker and Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0, Senter, Jr., Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None 72-31-407-972 'The -invocation was given by Al Couch, Director of Public Services, 72-31-407-973 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chamber. 72-31-407-974 Motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried, (3) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to approve to approve City Council Minutes - Special Meetings held September 13, 1972, and September 20, 1972, and Regular Meeting held September 14, 1972. 72-31-407-975 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (7) Mayor Turner and Councilmen Hollingsworth; -Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6451 on second and final -reading. ORDINANCE NO. 6451 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADDING -THERETO A NEW SUB -SECTION C TO -SECTION 29.3 PROVIDING FOR -PROCEDURE TO SECURE PERMISSION TO MAKE EXCAVATIONS AND FILLS; PROVIDING A.SAVINGS CLAUSE AND PROVIDING. -FOR PUBLICATION. 72-31-407-976 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor ($) Turner and Councilmen Hol.lingsworth,-Jordan-,,Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6452 on second and final reading. ORDINANCE NO. 6452 AN ORDINANCE DESIGNATING THAT PORTION OF AVENUE M FROM TENTH STREET. TO NINETEEN STREET AS A ONE WAY STREET AND PERMITTING ONLY VEHICULAR TRAFFIC PROCEEDING NORTH ON SAID PORTION OF SAID STREET; DESIGNATING THAT PORTION OF AVENUE N FROM -TENTH STREET TO NINETEENTH STREET AS A ONE WAY STREET AND PERMITTING ONLY VEHICULAR TRAFFIC PROCEEDING SOUTH ON SAID PORTION OF SAID STREET; PROVIDING FOR -SIGNS TO -INDICATE THAT PORTIONS OF STREETS ARE ONE-WAY; PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION HEREOF AS AN ALTERNATIVE METHOD OF PUBLICATION PROVIDED BY LAW. 72-31-407-977 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (9) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay -to pass Ordinance No. 6453 on second and final reading. ORDINANCE NO. 6453 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK APPROVING A MINOR CHANGE TO THE AMENDED URBAN RENEWAL PLAN FOR THE MEMORIAL CENTER PROJECT'AS APPROVED BY ORDINANCE NO. 6273, FINALLY PASSED ON JANUARY 13, 1972. 72-31-407-978 Motion was made by Councilman Hollingsworth, seconded'by Councilman Baker, motion carried, i (11) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6454 on second and final reading. ORDINANCE 140. 6454 AN ORDINANCE ABANDONING AND CLOSING 2 FOUR FOOT UNDERGROUND UTILITY EASEMENTS IN THE RAIN - TREE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN :THE BODY OF THIS ORDINANCE AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE -CLOSING AND ABANDONMENT OF SUCH UNDERGROUND UTILITY EASEMENTS. 72-31-407-979 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor (12) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6463 on first reading. ORDINANCE NO. 6463 AN ORDINANCE AMENDING SUBSECTION A.(2) OF SECTION 29-3 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, PROVIDING FOR, COPIES) OF A PRELIMINARY PLAT ANDAAM:-LIMMON FEE;' IADDING A NEW SUBSECTION B (3) TO SECTION 29-3 PROVIDING FOR FINAL PLAT FEE; AMENDING SUBSECTION C (1) (b) OF SECTION 29-6 PROVIDING FOR COPIES OF A PRELIMINARY FIAT; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. 72-31-407-980 Motion was made by Councilman Hollingsworth, seconded by Councilman.Baker, motion carried, (13) Mayor Turner and Councilmen Hollingsworth, Jordan, --Baker and -Campbell voting Yea, none voting Nay that the following resolution be passed. DT9'CM TTTTnM WHEREAS, the people of this nation have willingly paid fees for an improved highway trans- portation system, and ��• + V IJ/fi. WHEREAS, the Federal Trust Fund created in 1956 has given the nation the beginning of an Interstate Transportation System of the first class, and WHEREAS, the drain off of this fund for purposes other than those originally planned would be a breach of faith with those who have financed it; NOW. THEREFORE: BE IT RESOL'VED-BY'THE-CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Lubbock City Council hereby urges Congress to continue the Highway Trust Fund in its present status using the funds.only for highway purposes as: intended and as they have been in the past, the construction of -interstate and primary highways throughout the nation. Passed by the City Council this 28th day of September, 1972. .% / Morris W. Turner ATTEST: Mayor /s/ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO -FORM: /s/ Fred 0.. Senter, Jr. . City Attorney 72-31-408-981 Motioxi was ,made by Councilmep Baker., seconded by Councilman .Campbell, motion carried, Mayor (14) Turner and Councilmen Hollingsworth, Jordan, Bajcex and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the Bureau of Public..Roads (now Federal Highway Administration), on December 24, 1968, acknowledged the importance of upgrading the route for U. S. 87 between Lubbock and Amarillo; and WHEREAS., the Texas Highway Commission, on January 21, 1969, designated U.S. Highway 87 between U.S. Highway 62.(19th Street) in Lubbock and interstate 40 irr Amarillo as Interstate Highway 27; and WHEREAS, the National Interstate Highway System was designated for and plays a vital role in connecting'oar-metropolitan areas and major military bases; and . WHEREAS, there is a definite need to continue a major highway of interstate type southward from Lubbock connecting -major military installations in the Denver, Colorado, area with other major military installations along a corridor -including San Antonio, Corpus Christi, and Houston; and WHEREAS, the metropolitan areas along this corridor are a major stimulus to the Texas .economy through the movement of people and goods; and. WHEREAS, such highway could fully utilize existing Interstate Highways 10 and 37 to provide a major north -south highway connect between recreational areas in the Rocky Mountain and Texas Gulf Coast areas; and WHEREAS, existing south bound highways from Lubbock provide both logical and adequate opportunities'for-such highway connection; and WHEREAS, there is an immediate need to improve the dispersal of Interstate Highway 27 traffic into Lubbock's Transportation System and determine the ultimate -route of Interstate 27 through -our City; NOWTHEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Texas Highway Commission is urged to give high priority to the following actions: (1) Construct, to Interstate standards, the existing -Interstate Highway 27 corridor in Lubbock down to U.S. Highway 62 (19th Street) as so established in Minute Order 61849, dated January 21, 1969, and begin necessary studies to determine the ultimate route of Interstate Highway 27 through the City of. Lubbock. (2) Improve a highway to Interstate standards from the southern termini of Interstate Highwya 27 in Lubbock. crossing Interstate 20,and.connecting.to Interstate Highway 10. I Passed by the City Council this 28th day of September, 1972. /s/ Morris W. Turner Mayor ATTEST: /s/ Lavenia.Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. _ City Attorney 72-31-409-982 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, (15) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the highways connecting Lubbock with Fort Worth and Dallas by way of Seymour are major traffic arteries of the utmost importance; and WHEREAS, a presentation was given by the U.S. 82 - Texas 199 Committee on April 3, 1972, to the Texas Highway Commission requesting the upgrading of U.S. 82 and Texas 199 along said route to a four -lane, divided highway; and WHEREAS, Dallas and Fort Worth, together with Dallas and Tarrant counties, are requesting that Texas Highway 114 be upgraded to serve the tremendous traffic count it carries, especially with the advent of the International Airport and the traffic it will generate; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT in addition to requests heretofore made, the Texas Highway Commission is urged to up- grade to a four -lane, divided highway the entire route along U.S. 82 and Texas 199 from Lubbock to Jacksboro, by way of Seymour, thence from Jacksboro along U.S. 380 to Bridgeport, and thence along Texas 114 from Bridgeport to the International Airport and Dallas, thus affording access by four -lane, divided highways from Lubbock County and other points along the route into Fort Worth and Dallas and the International Airport. Passed by the City Council this 28th day of September, 1972. /s/ Morris W. Turner Mayor ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney 72-31-409-983. Motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried, (16) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6464 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6464 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer- tain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK* There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement BOND Fund The sum $28,800.00 For the following purpose: Additional cost for adjusting sidewalks and drives on Avenue "Q" from 22nd Street to 3rd Street, Highway Project. The total with this appropriation ordinance is $60,570.00; original appropriation ordinance to G.W.O. 10,733 was $31,770.00 72-31-409-984 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (17) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, THE City of Lubbock passed a resolution on October 14, 1971, authorizing the con- struction of street improvements by Walter V. Jarnigan, Contractor on a portion of the follow- ing streets: Stanford Avenue from the West Property Line of University Avenue to 197.00 feet West of the West Property Line of University Avenue, known and designated as Unit Number 2225. AND WHEREAS, the improvements upon the said portion of the abovementioned Street have been inspected and found to have been constructed according to the approved plans and specifications., THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portion of the abovementioned street be and the same are i hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of �. the City's share. 72-31-410-985 (18) This resolution shall take effect and be .i-n..f-orce-after its passage. PASSED AND APPROVED THIS 28th DAY GF SEPTEMBER, 1972. /s/ Morris W. Turner Mayor ATTEST: /s/ Lavenia Lowe, City Secretary APPROVED Isl Wilford D. Watson City Engineer APPROVED: /s/ Fred 0. Senter, Jr. City Attorney CONSOLIDATED FINAL ESTIMATE. Resolution Paving - Canyon Addition. - Accepted September 28, 1972 S.Y. S.Y. Unit &• Paving L.F. Alley Sub -Unit Location 6" Base C & G Return 2225 Stanford Avenue from WPL of University Avenue to 197.0 feet West of WPL of University Avenue. 700:44 421..00 COST ESTIMATE 700.44 S.Y. Paving 6" Base @ $1.90 $1,330.84 421:00. L.-F. 'Curb & Gutter @ $2..10 884.10 15.56 S.Y. Alley .Return @-$8.50 132.26 CONTRACT COST $2,347.20 COST DISTRIBUTION 15.56 North South Property Property City to Unit & Contract Owner Owner Contractor Sub -Unit Cost Cost Cost NOW 2225 $2,347.20 $1,159.13 $1,159-.13 $28.94 Motion was made by. Councilwoman Jordan, seconded by Councilman -Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting.Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING -IMPROVEMENTS ON PORTIONS OF STREETS -AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the'subdivider-of Farrar Estates*; made arrangement& with'Kerr Construction Company for the con- struction 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 Farrar Estates including the following streets: North property owners part of 82nd Street from its intersection with a line 16.00 feet East of the EPL of Aberdeen Avenue to its intersection with a line 3.00 feet West of the WPL of the alley West of Chicago Avenue known and designated as New Subdivision Unit Number NS 1979. Aberdeen Avenue from its intersection with .the North Paving.Line of 82nd Street to its inter- section with the South Lip Line of 79th Street known and designated as New Subdivision Unit Number NS 1980. Albany Avenue from its intersection with the North Paving Line of 82nd Street to its intersec- tion with the South Lip Line of 79th Street known and designated as New Subdivision Unit Number NS 1981. Albany Avenue from its intersection with the North Lip Line of 79th Street to its intersection with a line 993.81 feet North of the North Lip Line of 79th Street -known and designated as New Subdivision Unit Number NS 1982. Bangor Avenue from its intersection with the South Lip Line of 79th Street to its intersection with.the South curb line o-f the cul-de-sac South of 80th Street known and designated as New Subdivision Unit Number NS 1983. r Beauf63 t•Avenue from i•t& intersection with the South Lip Line of 80th Street to its intersection with the South curb lane of the cul-de-sac South of 80th Street known an6 designated as New Subdivision Unit Number NS 1984. Belmont Avenue from its intersection with the'South•Lip Line -of 80th-Street to its intersection with the South curb line of the-7cul-de-sa-c South of 80th Street known and designated as New Subdivision Unit Number NS 1985. Brentwood Avenue from its intersection with the South Lip Line -of 80th Street to its intersec- tion with the South curb line of the cul-de-sac South of 80th Street known and designated as New Subdivision Unit Number NS 1986.. Chicago Avenue from its intersection with the forth Paving Line of 82nd Street to its inter- section with a line 3.00 feet North of the North Property Line of the alley North of 77th Street known and designated as New Subdivision Unit. -Number NS 1987. 80th Street from its intersection with the West Lip Line of Bangor Avenue to its intersection with a line 85.00 feet West of the West Property Line: of Chicago Avenue (less intersection @ Chicago) known and designated as New Subdivision Unit Number NS 1988. 79th Street from its intersection with a line 15.00 feet West of the West Property Line of Bangor Avenue to its intersection with the'Wes-t Paving Line of Slide Road known and designated as New Subdivision Unit Number NS 1989. 79th Street from its intersection with the West'Lip 'Line of Bangor Avenue to its intersection with a line 85.00 feet West of the West Prope'rty-Line-of Chicago Avenue (less intersection at Chicago) known and desiggated as New Subdivision Unit Number NS 1990. 78th Street from its intersection with a line 85.00 feet West of the West Property Line of Chicago Avenue to its intersection with the -North Lip Line of 79th Street -(less intersection Chicago) known and designated as New Subdivision Unit Number NS 1991. 77th Street from its intersection with a line 85.00 feet West of the West Property Line of Chicago -Avenue to its intersection with the Southwest Lip Line of Albany Avenue (less intersec- tion @ Chicago) known and designated as New Subdivision Unit Number NS 1992. AND WHEREAS, the construction of the above improvements on the abovementioned 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 Specifica- tions and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED -BY -THE CITY OF LUBBOCK, TEXAS: I. That the Improvements on said portions of the abovementioned streets be and the same are hereby accepted and the•City Engineer be and he'is hereby authorized to direct the payment of the City''s portion of the cost. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 1972. ATTEST: /s/ Lavenia Lowe, City Secretary APPROVED: /s/ Wilford D. Watson, City Engineer - CONSOLIDATED FINAL -ESTIMATE FARRAR ESTATES ADDITION Accepted September 28, 1972 /s/ Morris W. Turner, Mayor APPROVED: /s/ Fred 0. Senter, Jr., City Attorney QUANTITIES S.Y. S.Y. S:Y. Unit & Paving Paving L.F. Alley Sub -Unit Location 9" Base 6" Base C & G Return NS 1979 North property owner's part of 82nd Street from 16.00 feet East of the EPL of Aberdeen Avenue to 3.00 feet West of WPL of alley West of Chicago Avenue. Farrar Quantities 1,964.00 139.56 NS 1980. Aberdeen Avenue from North Pav- ing Line of 82nd Street to SLL of 79th Street Farrar Quantities 3,869.53 1,849.08 S.Y. S.X. S.Y. Unit & Paving Paving L.F. Alley Sub -Unit Location V Base: 6" Base C & G Return NS:1981 Albany Avenue from North Paving Line of 82nd Street to SLL of 79th Street. , Farrar Quantities -3,269.53 1,849.08 NS 1982 Albany Avenue from NLL of 79th j Street to 993.81 feet North of NLL of 79th Street. !Farrar,Quantities 1,765.78 905.50 School Quantities 2,613.84 1,008.80 NS 1983 Bangor Avenue from SLL of 79th Street to South curb line of cul-de-sac South of 80th Street. Farrar Quantities 3,267.45 1,777.52 46.33 NS 1984 Beaufort Avenue from SLL of 80th Street to -South curb line of cul- de-sac South of 80th Street„ Farrar Quantities 2,184.82 1,264.52 59.67 NS •1985 Bemont Avenue from SLL o.f 80th Street to South curb line of cul- de-sac South of 80th Street Farrar Quantities 2,184.64. 1,262.41 59.67 NS 1986 Brentwood Avenue from SLL of 80th Street to South curb line of cul- de-sac South of 80th.Street. Farrar Quantities 2,184.11 .1,262.90 59.67 NS 1987 Chicago Avenue from North paving line of 82nd Street to 3.00 feet North of NPL of alley North pf 77th Street. Farrar Quantities 148.76 5,936.53 2,810.54 122.22 City's Quantities 1,113.10 NS 1988 80th Street from WLL of Bangor - Avenue to 85.00 feet West of the WPL of -Chicago Avenue. (Less in- tersection @ Chicago). Farrar Quantities 4,594.96 2,341.62 NS 1989 79th Street from 15.00 feet West of WPL of Bangor Avenue to West paving line of Slide Road. Farrar Quantities 520.06 4,015.40 1,628.35 36.67 School's Quantities 1,963.33 884.00 Park's Quantities 74.38 673:44 358.27 City's Quantities 50.00 NS 1990 79th Street from West lip line of Bangor Avenue to 85.00 feet West of WPL of Chicago Avenue (Less intersection @ Chicago). . Farrar Quantities 4,560.20 2,531.08 13.33 NS 1991 78th Street from 85.00 feet West of WPL of Chicago Avenue to NLL of 79th Street (Less intersection @ Chicago) Farrar Quantities. 5,918.31 3,146.20 NS 1992 77th Street from 85.00 feet West of WPL of Chicago Avenue to South- west lip line of Albany Avenue (Less intersection @ Chicago) Farrar Quantities 4,291.64 2,451.40 26.67 Total Farrar Quantities 668..82 48,042.90 27,044.20 563.79 Total School Quantities 4,577.17 1,892.80 Total City Quantities 1,113.10 50.00 Total Park Quantities 74.38 673.44 358.27 TOTAL QUANTITIES 743.20 54,406.61 29,345.27 563.79 COST ESTIMATE 54,406.61 S.Y. Paving 6" Base @ $1.89 $102,828.49 743.20 S.Y,.. Paving 9" Base @ $2.04 1,516.13 29,345.27 ..L.F. Curb & Gutter 0 $2.0.0- 58,690.54 563.79 S.Y. Alley.Return @.$8.00 44510,.32 CONTRACT COST • $167,545.48 COST DISTRIBUTION Unit & Contract Estates City'.s -Parks School's Sub -Unit Cost Cost Cost Cost Cost NS 1979 5,044.48. 5,044.48 NS 1980 11,011.57 11,011.57 NS 1981 9,877.57 9,877.57 DVS 1982 12,106.08 5,148.32 6,957.76 NS 1983 103,101.16 10,101.16 NS 1984 7,135.71 7,135.71 NS 1985 7,131.15 --7,131.15 NS 1986 7,131.13 7,131.13- NS 1987 20,226.11 18,122.35 2,103.76 NS 1988 13,367.71 13,367.71. - NS 1989 19,919.86 12,200:09 100-.00 2,141.08 5,478.69 NS 1990 13,787.58 13,787.58 - NS 1991 17,4.78.01 17,478.01 NS 1992 13,227.36 13-227.36 TOTALS $167�545.48 $150,764.19 $2,203.76 $2,141.08 $12,436.45 72-31-413-986 Motion was made by Councilwoman Jordan,'seconded by Councilman -Baker, motion carried, Mayor (19) Turner and Councilmen Hollingsworth, Jordan, Baker and -Campbell voting Yea, none voting Nay to pass Ordinance No. 6465 as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6465 WHEREAS, -the City Council.of the City of Lubbock finds -it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordi- nance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Thereis hereby appropriated out of the following described bond fund, to wit: Maintenance, Equipment and Storage Bond Fund The sum $ 342.94 For the following purpose: Construction cost on salt spreader shed, storage yard a Public Work Field Office. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two•(2) separate council meet- ings be dispensed with; and this ordinance shall be effective from the date of its passage. 72-31-413-987 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor (20) Turner and Councilmen Hollingsworth,, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6466 on first reading. ORDINANCE NO. 6466 AN ORDINANCE AMENDING SECTIONS 34-62 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, PROVIDING FOR ENGINEERING SERVICES AND FEES FOR WATER AND SEWER FACILITIES CONSTRUCTION; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-413-987(a)­ Motion was -made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (21)- Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize Change Order No. 1 to White Superior Division on Contract No. 3, Project WPC-TEX-542, Water Reclamation Facilities Southeast P1Ant. CHANGE ORDER NO. 1 Water Reclamation Facilities Southeast Plant, Lubbock, Texas Project WPC-TEX-542, Contract No. 3 Purchase Order No. V-05814 September 28, 1972 TO: WHITE SUPERIOR DIVISION White Motor Corporation P. 0. Box 12066 Fort Worth, Texas 76116 Original Amount of Purchase Order $180,920.00 Change Order No. 1 . . . . . . . (Deduct) 7,160.00 Adjusted Price $173,760.00 WHEREAS, it is desirable to make certain changes in the equipment to be furnished under this Purchase Order: 72-31-414-988 (22) THIS AGREEMENT WITNESSETH: In consideration of•the mutual advantage gained, the Owner and the Vendor agree.to the changes indicated below and further agree -that the amount of the purchase order shall be adjusted by the amount shown,.above. 1. Furnish White Superiors standard engine -mounted tube oil filters in lieu of the single lube oil filter as specified. DEDUCT $ 1.785.00 2. Furnish.a Woodward U.G..Governor in lieu of Woodward E.G.B. Governor as specified. DEDUCT 2,300.00 3. Delete the interconnecting air intake piping as specified. DEDUCT 500.00 4. Delete the interconnecting exhaust piping as specified. DEDUCT 500.00 5. Delete the provision for -witnessing the.. factory test of the engine -generator unit. DEDUCT 575.00 6. Furnish an oversized lube,oil cooler for. operation in the engine jacket water system,. with thermostat by -pass, -.in lieu of the, smaller lube oil cooler.with stainless steel. tubes for operation on the cool water. -,stream as originally specified. NO CHANGE IN PRICE 7. Furnish White Superior's standard construction for the -air intercooler in, lieu .of stainless :. steel tubes as originally specified. DEDUCT $ 1.,500.00 IN WITNESS WHEREOF, the Owner and the Vendor have hereto set their hands this 28th day of September, 1972. RECOMMENDED: PARKHILL, SMITH & COOPER, INC.,.•Consulting Engineers By Isl Chester. A. Green, Proj. Engr-.,. September 28, 1972 APPROVED: WHITE SUPERIOR DIVISION of WHITE MOTOR CORPORATION, Vendor By /s/ E. L. Penwell, Regional Manager, September 28, 1972 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By /s/ Morris W. Turner, Mayor, September 28, 1972 .ATTEST:. Is/ Lavenia Lowe City Secretary -Treasurer Motion was made by.,Councilwoman Jordan; seconded by Councilman Hollingsworth, motion carried, Mayor.Turner and -Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that.the following.resolution be passed.. RESOLUTION WHEREAS, the.City Engineering Department is required to perform engineering services on various construction projects, such as assessment street and alley -paving programs; and WHEREAS, the cost of such engineering service is to be paid by the person or firm receiving the benefit of such services and improvements, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE.CITY OF LUBBOCK: THAT an engineering fee of 6% of the total cost of construction of a project or program is to be charged for engineering services performed by the City of Lubbock and such charge is to be assessed to the persons or firms.responsible for payment of the construction or improvements. Passed by the City.Council this 28th day of September, 1972. ATTEST: Isl Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. City Attorney Isl Morris W. Turner Mayor 72-31-414-989 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (23) Turner and Councilmen Hollingsworth, Jordan, Baker -and Campbell voting Yea, none voting Nay to pass Ordinance No. 6467'on first reading. -- - rr r17Ft I' AN APPROPRIATION -ORDINANCE ORDINANCE NO. 6467 WHEREAS, the City Council of the City of Lubbock find&',it is necessary to appropriate certain specific funds out of bond funds for,an approved project; .WIDENING OF FOURTH STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund 76-6061-551 GWO 10755 The sum $26,200.00 - For the following purpose: Acquisition of Right -of -Way to widen Fourth Street. Parcel #23: A portion (1,806.84 sq. ft.) of land out of Lot 1, Block 6, Roberts & McWhorter Addition to the City of Lubbock, Texas . . . . . . . . .. . .,. . . . . . . $26,200.00 72-31-415-990 Motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor (28) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6468 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6468 WHEREAS, the City Council oC the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF'LUBBOCK:' There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund 76-6064-531 The sum $3,325.50 For the following purpose: Acquisition of land for Landfill Road. A portion (4.999 acres) of land out of Section 29, Block A, Lubbock County, Texas . . . . . . . . . . . $3,249.35 Supplemental Expenditures . . 76.15 Total . . . $3,325.50 Metes and bounds description for a parcel of land, out of Section 29, Block A, Lubbock County, Texas, for right-of-way for the Sanitary Land Fill Road (J.H. Green Estate). Beginning at the Northeast corner of Section 29, Block A, Lubbock County, Texas; W THENCE S 00 02' 21"/along the east ling -of Section 29 a -distance of 2602.88 feet to the South- east corner of the Northeast one quarter of Section 29, Block A; THENCE West a distance of 60.00 feet; THENCE NO 02' 21" E aiong'a line 60.00 from and parallel to the east line of Section 29 a distance of 1717.65 feet to a point of curvature; THENCE around a curve to the left having a radius -of 1849.88 feed, tangent lengths of 295.59 feet, delta angle of 18° 09' 24", chord length of 583.76 feet, and an arc distance of 586.22 feet to a point of tangency; THENCE N 180 07' 03" W a distance of 324.81 feet to a point in the. north line of Section 29, Block A; THENCE East a distance of 253.32 feet to the place of beginning. Containing 4.999 Acres more or less 72-31-415-991' The City Council considered'an ordinance abandoning and closing Harvard Street from Amarillo (27) Highway to Avenue Q and Avenue J from Grinnell Street to Itasca Street and all interior alleys within these boundaries in -the Country Club Addition. After consideration of all information presented, it was unanimously agreed by the City Council to request the Director of Public Works to investigate the possiblility of issuing a Street Use License instead of passing an ordinance. 72-31-415-992 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (25) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize purchase of property located at 1924 4th Street from R. D. McDonald, Route 6, Clarksville, Texas, for a consideration of $7,740. This is for the widening of 4th Street. Being 3619.88 sq. ft. out of Lots 3 and 4, Block 6, Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, according to a plat of said Addition recorded in Volume 666, Page 379, of plat records of Lubbock County; and being the same property described in a Deed from R. D. McDonald to Kay McDonald Willingham, et vir, Mike McDonald Trust, Judy McDonald Williams, et vir, Terry Badgett Trust, and Pat McDonald Trust, dated August 26, 1960, recorded in Volume 806; Pages 596, 599, 605, 608 and 611 respectively, Deed Records of Lubbock County, Texas; said 3619.88 sq. ft. of land being more particularly described by metes and bounds as follows: Beginning'167.1 feet South of a 3/8" iron pipe set for the Northwest corner of Lot 4, Roberts & WcWhorter Addition, said point being 18.9 feet North of the Southwest corner of Lot 4, said point also being in the proposed North line of U.S. Hwy 8Z (4th Street); THENCE, N 890 57' East along the proposed north right-of-way line of U.S' Highway 82 a distance - of 194 feet to a point in the east line of Lot 3, Roberts & McWhorter Addition; THENCE South along the east line of Lot 3 a distance of 18.9 feet to a point in the existing north line of U.S. Highway 82, said point being the southeast corner of Lot 3; THENCE, S:8957' West along the north line of U.S. Hwy 82 a distance of 179 feet to a point, said point being the beginning of a curve to the right whose radius bears north a distance of 15 feet; THENCE, along said curve a distance of 23.56 feet. to a point -in -the west line of Lot 4, at which point the radius bears East; THENCE, North along the West U-ne of -Lot 4 a -distance of 3.9. feet to the place of beginning. 72-31-416-993 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (26) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize publication of Notice to Bidders for the sale of City owned property at the northwest corner of 25th Street and Indiana Avenue. 72-31-416-994 lotion was made.byCou ncilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor (29) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize.purchas.e of property located at'3402-36th Street (Lot 20, Block 9, Myrtle Slaton No. 2 Addition) from Billy Norris for a consideration -of $13,500. This is for the widening of Indiana Avenue.' 72-31-416-995 (32) 72-31-416-996 (33) 72-31-416-997 (33a) 72-31-416-998 (33b)- Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No..6470 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6470 WHEREAS, the City Council of the City of Lubbock finds it is necessary to approriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Airport Bond Fund. The sum $100,000.00 For the following purpose:. For purchase.of land for airport expansion. AWO-195 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No: 6471 on,first reading. ORDINANCE No. 6471 AN ORDINANCE AMENDING SECTION 11-5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, PRO- VIDING FOR DISCONTINUANCE OF ELECTRIC SERVICE FOR FAILURE TO PAY CHARGES; PROVIDING A SAVINGS CLAUSE AND PROVIDING -FOR PUBLICATION. Motion was made by Councilman Hollingsworth, seconded by Councilwoman -Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6472 on first reading. ORDINANCE NO. 6472 AN ORDINANCE AMENDING SECTION 34-23 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, PROVIDING FOR 6ISCONTINUANCE OF WATER SERVICE AND CONDITIONS TO BE COMPLIED WITH PRIOR TO RESTOR- ATION OF SERVICE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance.No-. 6473 on first reading. ORDINANCE NO. 6473 AN ORDINANCE AMENDING SECTION 15-12 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ESTABLISHING FEES FOR CERTIFIED COPIES OF BIRTH AND DEATH CERTIFICATES; PROVIDING A•SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-416-999 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (33c) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6474on first reading. . ORDINANCE NO. 6474 AN ORDINANCE AMENDING CHAPTER 11A OF THE CODE OR ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 11A-82 THEREOF PROVIDING FOR FEES FOR ELECTRICAL WORK FOR NEW CONSTRUCTION; AMENDING SECTION 11A-83 PROVIDING FOR FEES FOR ALL OTHER TYPES OF CONSTRUCTION AND ALTERATIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-416-1000 The City Council considered the claim of Jones Roberts Shoe Store, 1205 Broadway, in the amount (38) of $1,965.64 for water damage to merchandise and supplies. After consideration of all infor- mation -presented, motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pay this claim for water damage. 72-31-417-1001 (31) 72-31-417-1002 (36) 72-31-417-1003 (39) Motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6469 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6469 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; WIDENING OF FOURTH STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There.is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund 76-6061-551 GWO 10755 The sum $23,070.00 For the following purpose: Acquisition of Right -of -Way to widen Fourth Street. Parcel #8: Court award for a portion (2205.75 sq.ft.) of land out of Lot 25, Mayfield Subdivi- sion of Block 13, Roberts & McWhorter Addition to the City of Lubbock, Texas . . . $22,650:00 Supplemental Expenditures . 420.00 Total . . $23,070.00 Motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6475 on first reading. ORDINANCE NO. 6475 AN ORDINANCE PRESCRIBING CERTAIN CHARGES AND RATES FOR LOCAL EXCHANGE TELEPHONE SERVICE FURNISHED BY SOUTHWESTERN BELL TELEPHONE COMPANY; PROVIDING FOR REPEAL OF PRIOR RATE ORDINANCES; PROVIDING FOR NOTICE OF CHANGE IN CHARGES AND PROVIDING FOR PUBLICATION. The following bids were received for the purchase of quarry tile for Hodges Community Center, being Bid No. 2144. Bid Tabulation set in Bid Book. i After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Jerry Germany Ceramic Tile Co. for the purchase of quarry tile for Hodges Community Center. 72-31-417-1004 The following bids were received for the purchase of various paints for Electric Production, (40) being Bid No. 2172. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Pittsburgh Paint Company for the purchase of Items 1 and 5; accept the bid of Felix West Paint Company for the purchase of Items 2, 3 and 4. 72-31-417-1005 The following bids were received for the purchase of sulfuric acid for Electric Production to (41) establish price for a period of one-year, being Bid No. 2169, Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Weskem Division of Northern Petro -chemical Company, Odessa, Texas, for the purchase of sulfuric acid. 72-31-417-1006 The following bids were recieved for the purchase of fuel oil and diesel fuel to establish price (42) for a period of one year, being Bid No. 2167. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Ince Oil Company for the purchase of Item 1 and accept the bid of Horkey Oil Company for the purchase of Item 2. 72-31-417-1007 The following bids were received for the purchase of -gasoline and oil and greases to establish (43) price for a period of one year, being Bid No. 2168 and Bid No. 2170. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Horkey Oil Company to establish price for a period of one year for gasoline; to establish price for a period of one year on oil and greases, accept the bid of McLain Oil Company for the purchase of Items 1, 2, 3,,11, 14 and 17; accept the bid of Ince Oil Company for the purchase of Items 10, 15 and 16; accept the bid of Continental Oil Company for the purchase -of Items 4, 5, 6, 7, 8, 9, 12 and 13. -4 72-31-418-1008 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, (44) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to appoint Woodrow Rampy to the Housing Authority Board to replace J. R. Blumrosen who resigned. Mr. Rampy's term will expire December 27, 1972. 72-31-418-1009 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (45) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to appoint James W. Spears to the Human Relations Commission to replace J. R. Blumrosen who resigned. Mr. Spears' term will expire May 25, 1973. 72-31-418-1010 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (45) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to appoint Ken Leslie and H. A Padgett, Jr. to the Board of Electrical Examiners to fill the un- expired terms of Gil Moody and W. G. McMillan who resigned. Mr. Padgett's term expires January 1, 1973, and Mr. Leslie's term expires January 1, 1975. 72-31-418-1011 Motion was made by Councilman Baker, seconded by Councilmau Hollingsworth, motion carried, Mayor (48) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to appoint Ken Carey, David Collier and Alton Abbott to the Citizens Traffic Commission. These terms will expire July 13, 1975. 72-31�418-1012. Motion waa made by Councilwoman Jordan, seconded by Councilman Hollingsworth, Mayor Turner and (37) Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. 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 AGREEMENT between the City of Lubbock and Lubbock Transit Corporation attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution -as if fully copied herein in detail. THE STATE OF TEXAS ) COUNTY OF LUBBOCK ) LEASE MANAGEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT entered into between the CITY OF LUBBOCK, a Home Rule Municipal Corporation, hereinafter called -CITY and the LUBBOCK TRANSIT CORPORATION, a Texas Corporation, hereinafter called COMPANY. WITNESSETH: Company hereby leases to City the motor coaches, equipment thereon and other parts and equipment, real estate, office, garage and storage facilities, garage and office equipment, and all other properties, assets and facilities,located and situated in the City of Lubbock, necessary and appropriate for a transit system to be operated in the City of Lubbock as more particularly described in the Exhibit "A" attached hereto and made a part hereof all upon the following terms and conditions: 1. The term of the lease period shall be one (1) year from October 1, 1972, and continuing thereafter under the terms and conditions mutually agreeable to parties hereto, subject to termination by either party on thirty (30) days prior written notice. 2. City.hereby employs Company, so long as its lease of equipment and its facilities exists, to furnish the managerial services hereinafter described appropriate for the operation and maintenance of the motor bus transit system conducted in and about the City of Lubbock, Texas, all for the account and on behalf of the City, upon the terms and conditions hereinafter set forth. 3. Company hereby agrees and obligates itself to provide and furnish for the operation of the transit system including the real estate, office, garage and storage facilities, motor coaches, herein leased to City, all fuel, parts, oil and tires, shop and garage equipment, office equipment and all other properties, assets, facilities and personnel necessary or appro- priate for the operation of the transit system. It is further understood that the City may, at its discretion, furnish any or all of the above equipment and facilities, parts, supplies, etc. 4. Company shall in addition provide the management and supervisory services necessary for the operation of the transit system. Such management and supervisory services shall include, but shall not be limited to, the following: executive and administrative management of the transit system; supervision and employment. of all personnel, operation of a driver safey program; supervision over the maintenance and replacement of equipment used in the transit system; recommendations relating to selection of replacement parts, fuel and all other supplies required by the transit system, including the negotiations of fuel supply, tire rental or purchase agreements; overall planning, governing the scheduling and routing of the bus lines of the transit system, as well as supervision of the rate and fare structures of the transit system and recommendations to City in regard thereto; planning of the shop and garage layout; public relations and sales promotion; preparation of budgets; preparation of vouchers and checks; analysis of the financial and other matters pertaining to the operation of the transit system; administrative, clerical, statistical and bookkeeping services, including the preparation of monthly statements showing a comparison of the transit system's performance. 5. The Company shall, as part of the management agreement, maintain and keep in working order the leased motor coaches and equipment described herein, but, no major repairs or over- haul, not consistent with customary and normal expenditures as reflected by Company's records for the three years preceding the term of this lease, or replacement of motor coaches or motors shall take place or obligations incurred without the prior consent of the City as given to the Company by the governing body of the City as evidenced in writing by the City Manager. 6. During the term of this contract, the Company shall provide Sufficient executive and administrative personnel as shall be necessary and required to perform its duties and obliga- tions under the terms hereof, including a Resident Manager who shall be responsible for the day-to-day operations of the transit system, and who shall be selected, supervised and directed by the Company, The Company shall employ during the term of the contract sufficient operating personnel, including, but not limited to, drivers,•mechanics, supervisors, maintenance and other shop personnel, office and adminstrative personnel, as required from time to time. The personnel shall be employees of the Company. The cost of and compensation payable to all personnel .employed shall be subject to the approval of the City Manager. 7. The Company shall obtain appropriate forms of insurance covdrage to be in effect during the term of this contract, customarily maintained by the transit industry with respect to similar transit operations including, but not limited to, personal injury and property damage.insurance, providing single limit -coverage in an amount not less than the requirements under the applicable Texas law. All policies providing such coverage by their terms or by specific endorsement shall designate the City and the Company as co-insured under the terms thereof. 8. The Company shall also, throughout the term of this contract, procure and maintain with an insurance company acceptable to the City, Workmen's Compansation Insurance covering the transit systems employees as required by the laws of the State of Texas. 9. During the period that this contract shall be in effect, the Company shall cause its Resident Manager and any other appropriate personnel to be covered under an appropriate bond, covering employee dishonesty, protecting the City from theft and other similar losses up to the amount of TWENTY THOUSAND DOLLARS ($20,000) with respect to any one occurrence, the cost of same to be charged as an operating expense. 10. The City shall pay to the Company as consideration for the equipment and facilities to be leased hereunder and for the managerial and supervisory services performed by the Company hereunder the following amounts: (a) The consideration to be paid by City to Company for equipment and facilities shall not exceed THIRTY -SEVEN -THOUSAND, FIVE HUNDRED DOLLARS ($37,500.00) for the primary term, which the Company agrees shall be credited to and be applied to gross operating revenues. Payment shall be made in monthly installments upon receipt by the City of a statement showing the gross operating revenues and expenses as hereinafter defined for the preceding month. (b) If at the end of the year there is a cumulative net profit for such period, such profit shall be returned to City. Provided, however, that if the consideration reaches the sum of THIRTY-SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($37,500) prior to the expiration of this contract, Company's obligation for operation of said system under the terms and conditions herein described shall cease. (c) City shall pay to Company as compensation for its management services, ONE THOUSAND, FIVE HUNDRED DOLLARS ($1,500) per month. 11. Company will receeve all revenues and make disbursements for all operating expenditures and Company shall properly account for all said revenues and expenditures. It shall be the obligation of the Company to collect all bus fare revenues, advertising or other revenues and to deposit said funds at regular intervals at a bank approved by the City Manager. (a) As used herein the term "gross operating revenues" shall mean and include all revenues derived from the operation of the transit system, including, but not limited to, all amounts paid by City as provided in sub -section 10(a) above, expressly excluding the management fee provided in sub -section 10(b), all passenger fares, transportation contracts, local charter payments, advertising fees, proceeds from outside sales and maintenance, but excluding the sale and assets made upon approval of City, as shown on the attached Statement of Income attached hereto. and made a part of this agreement as Exhibit "B". (b) As used herein the term "gross operating expenses" of the transit system shall mean and include, all wages and compensation of all personnel of the transit system, all payroll, social security and other taxes, all rentals, fees, expenses, insurance and bond cost, depre- ciation on all equipment and facilities furnished by Company, federal and state income and state business receipt taxes, the costs of all fuel, other supplies and parts, and all other charges, costs and expenses incident to the operation of the transit system, as shown on the attached Statement of Operating Expenses attached hereto and made a part of this agreement as Exhibit "C". 12. Employees of AMERICAN TRANSIT CORP., the parent company of LUBBOCK TRANSIT CORPORATIOE, shall not receive salaries from the transit system. However, such employees shall be entitled to reimbursement for all reasonable travel, lodging, food and other expenses incurred by them attributable to services performed by and for the transit system. 13. The Company herewith agrees to submit to the City a monthly operating revenue report indicating the operating ratio for the preceding month and at the end of the term of this agreement, the Company shall submit to the City a detailed financial statement certified by an officer of the Company showing the results of the operation, and the City shall have the right to inspect the Company's books at any time during the term of this agreement, and further, the City shall have the right at any time during the term of this agreement to inspect and analyze the accounting methods utilized by the Company in the preparation of its monthly oper- ating revenue reports. 14. The provisions of this agreement are hereby made inseparable, and in the event any provision hereof is determined to be null and void, the entire agreement shall be null and void. 15. At the expiration of the term of this agreement or of any renewal thereof or in the event this lease and agreement is canceled or terminated prior to the expiration of the term hereof, or of any renewal thereof, or is null and void, all right, title and interest in and to all the equipment leased hereunder shall revert to the Company in the condition therein at r time of such termination and the City shall be liable for any costs and expenses of the operation, maintenance, management, and supervision of the transit system which are then unpaid. Any amount thereafter remaining in or subsequently paid into said transit account in excess of the then unpaid costs and expenses of operation, maintenance, management, and supervision of the transit system, and after satisfaction of all obligations incurred by the Company hereunder shall be paid by the Company to the City. 16. The Company, its successors and assigns, shall indemnify, and hold harmless the City, its officers, agents and employees from liability of any nature or kind, including damage and cost in defending actions arising out of or attributable to this lease and operation and manage- ment of the transit system without limitation. 17. All notices hereunder, and communications with respect to this contract shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If To Company: with copy to: If To City: Lubbock Transit Corporation 1809 Avenue C Lubbock, Texas 79401 American Transit Corporation 111 South Meramec Avenue St. Louis, Missouri 63105 City of Lubbock, Texas City Hall P. 0. Box 2000 Lubbock, Texas 79401 Attention: City Manager or to such other address as either party shall designate by written notice. EXECUTED THIS 28TH DAY OF SEPTEMBER, 1972. ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr City Attorney ATTEST: /s/ D. A. Richter Secretary LUBBOCK TRANSIT CORPORATION CITY OF LUBBOCK By /s/ Morris W. Turner Mayor LUBBOCK TRANSITY CORPORATION By A / P. J. Giacoma PRESIDENT Exhibit "A" Schedule of Motor Coaches Company Bus Number Year Make Model Serial No. *1812 1968 GMC TDH 3502 35020015 *1813 1968 GMC TDH 3502 35020016 *1945 1969 BMC TDH 3301 3301005 } *1946 1969 GMC TDH 3301 3301006 *2184 1951 GMC TDH 4509 45091792 *2185 1951 GMC TDH 4509 45091793 *2186 1951 GMC TDH 4509 45091794 *2187 1951 GMC TDH 4509 45091795 *2188 1951 GMC TDH 4509 45091796 *2189 1951 GMC ..TDH 4509 45091797 3043 1950 GMC TGH 3101 31011.66 3045 1951 GMC TGH 3101 3101168 3047 1950 GMC TGH 3101 3101170 - 3048 1950 GMC TGH 3101 3101176 _ 3049 1950 GMC TGH 3101 3101177 3050 1950 GMC TGH 3101 3101178 Company Bus Number Year Make Model Serial No. 3051 1950 GMC TGH 3101 3101179 3055 1950 GMC TGH 3101 3101183 3061 1960 GMC TGH 3102 31021197 3062 1960 GMC TGH 3102 31021198 3063 1960 GMC TGH 3102 31021199 3064 1960 GMC TGH 3102 31021200 3098 1960 GMC TGH 3102 31021217 3099 1960 GMC TGH 3102 31021218 3158 1951 GMC TGH'3101 3101367 3160 1951 GMC TGH 310.1 3101369 3161 1951 GMC TGH 3101 3101370 3203 1962 GMC TGH 3102 31021438 3204 1962 GMC TGH 3102 31021439 **2114 1951 GKC TDH 3612 36121513 **2115 1951 GMC TDH 3612 36121514 **2118 1951 GMC TDH 3612 36121517 **2902 1959 GMC TDH 3714 37140756 * Used in campus service under contract -with Texas Tech University ** Used in school service under contract with -Lubbock Independent School District. Exhibit "B" LUBBOCK TRANSIT CORPORATION Summary of Income and Expense_ OPERATING INCOME• Passenger Revenue School Contracts Charter Advertising Other Revenue Lease Contract Outside Repairs Other Income Sundry OPERATING EXPENSES: Maintenance Transportation Traffic Promotion Insurance and Safety General and Adminstrative Depreciation Taxes and Licenses Operating Rents Interest Expense *Accounting and Adminstration *Accounting and Adminstration Expenses are not to exceed 3% of the Gross Operating Income, excluding income from lease of equipment and other facilities. Exhibit "C" LUBBOCK TRANSIT CORPORATION Detailed Operating Expenses MAINTENANCE• Supervision - Salaries Supervision - Expense Repairs - Shop Equipment Service Equipment Expense Bus Repairs - Labor Bus Repairs - Parts Service - Labor Service - Supplies Other -Shop Expense Coveralls Expense Storekeepers Wages TRANSPORTATION• Supervision - Salaries Drivers Wages Fuel - Revenue Equipment Oil - Revenue Equipment Other Transportation Expenses Repairs - Fare Boxes Tires and Tubes Dispatchers Wages Exhibit "C"'ti, Continued TRAFFIC PROMOTION: Tickets and Schedules Dues and Subscriptions Other Traffic Expense Advertising INSURANCE AND SAFETY: Public Liability and Property Damage Workmen's Compensation Fire, Theft and Compensation Other Insurance and Safety Employers Group GENERAL AND ADMINSTRATIVE: DEPRECIATION: Salaries - Office Clerks Officers Travel and Other Law Expense Stationery and Supplies Other Office Expenses. Telephone and Telegraph Outside Auditing Expense Other General Expense Regulatory Commission Expense Salary Manager Buildings Motor Coaches Service Equipment Shop and Garage Equipment Furniture and Fixtures Fareboxes and Miscellaneous Leasehold Improvement TAXES AND LICENSES: State and Federal Fuel Vehicle Licenses Property Taxes Capital Stock Taxes Social Security Taxes Federal Excise Taxes Gross Receipts Taxes Other Taxes OPERATING RENTS: Building Rents Repair to Buildings and Grounds Heat, Power and Water Motor Coaches Rents INTEREST EXPENSE ACCOUNTING AND ADMINSTRATION: Accounting and Adminstration Expense is defined as 3% of the Gross Operating Income, excluding income received from the City of Lubbock for lease of equipment and facilities. 72-31-422-1013 Motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor (30) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6476 on first reading. ORDINANCE NO. 6476 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF PECOS AVENUE AND FIFTH PLACE, LOT 1, SAFE - WAY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; AND DIRECTING THE'CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE A CLOSING AND ABANDONMENT OF THE PORTIONS OF SAID STREETS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-422-1014 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (33d) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6477 on first reading. ORDINANCE NO. 6477 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK (BEING ORDINANCE NO. 6269, THE PLUMBING CODE), BY AMENDING SECTION 24-24 THEREOF PROVIDING FOR PERMIT FEES: PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, SEPTEMBER 28, 1972. MORRIS W. TURNER, MAYOR S to graft ATTEST: Lavenialowe, City Secretary -Treasurer. -READ AND APPROVED THIS THE ATTEST: Laven(ia Lowe, City retary-Treasurer.. MORRIS W. TURNER, MAYOR