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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/27/1975133 MAR 2 7 19'T'5 w 75-34-133-296 {1) I� 75-34-133-297 (2) REGULAR CITY COUNCIL MEETING MARCH 27, 1975 The City Council of the City of Lubbock, Texas met at 9:30 A.M. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, City Manager N.B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None The invocation was given by Al Couch, Director of Public Services. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. 75-34-133-298 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion (3) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Special Meeting held Feb- ruary 28, 1975 and Regular Meeting held March 13, 1975. 75-34-133-299 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (10) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7047 on second and final reading. ORDINANCE N0. 7047 AN APPROPRIATION ORDINANCE 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 pro- ject; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: II There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT FUND The sum $30,0.82.00 For the following purpose: City cost of engineering in the following amounts: Melonie Park South Addition 2,527 Rushland Park Addition, Block 34, Tracts A-K 3,930 Farrar Estates Addition 23,625 30,092 75-34-133-300 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (11) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7048 on second and final reading. ORDINANCE N0. 7048 AN APPROPRIATION ORDINANCE 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; 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: WATER CAPITAL PROJECT FUND The sum $25,500.00 For the following purpose: Construct 12-inch water main in 82nd Street from University Avenue to Elgin Avenue. 175-34-133-301 Motion was made by Councilwoman Jordan, seconded -by Councilman Campbell, (12) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7049 on second and final reading. 11 ORDINANCE NO. 7049 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF'ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE X, ENTITLED "COMMUNITY SER- VICES"; PROVIDING FOR THE DESIGNATION OF THE CITY COUNCIL AS THE GOVERNING BOARD; PROVIDING FOR THE POWERS RETAINED BY THE GOVERNING BOARD; PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY SERVICES DEPARTMENT; PROVIDING FOR A DIRECTOR, PERSONNEL AND FUNCTIONS OF SUCH DEPARTMENT; PROVIDING FOR AN AD- MINISTRATIVE BOARD TO BE ENTITLED "COMMUNITY SERVICES COMMISSION"; PROVIDING FOR THE COMPOSITION, APPOINTMENT, ELECTION, TERMS OF OFFICE AND FUNCTIONS OF i SUCH COMMISSION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 13 MAR 2 - 1g15 75-34-134-302 Motion was made by Councilman Henry, seconded by Councilman West, motion (14) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following 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 a CONTRACT FOR ENVIRONMENTAL ASSESSMENT STUDIES -COMMUNITY DEVELOPMENT PROGRAM to be entered into by and between said CITY OF LUBBOCK and FIRST CONSULTANTS, INC., a Texas Corporation with its principal office in Fort Worth, Tarrant County, Texas, in which said CITY engages the services of said CORPORATION to con- sult and prepare statements as regards environmental assessment and impact to meet certain U.S. Government requirements for the COMMUNITY DEVELOPMENT PROGRAM for said CITY, 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 27th day of March, 1975. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney CONTRACT FOR ENVIRONMENTAL ASSESSMENT STUDIES -COMMUNITY DEVELOPMENT PROGRAM This Agreement entered into as of the 27th day of March, 1975, by and between THE CITY OF LUBBOCK, State of Texas, hereinafter referred to as the "CITY", and FIRST CONSULTANTS, INC., a corporation organized and existing under the laws of the State of Texas, of Fort Worth, Texas, hereinafter referred to as the "Contractor", WITNESSETH: WHEREAS, the City proposes to enter into certain community development work within the City of Lubbock under the Housing and Community Development Act of 1974, and as funded through the Department of Housing and Urban Develop- ment of the United States; and WHEREAS, the Housing and Community Development Act of 1974 requires local governments to assume full responsibility for environmental review and decision -making pursuant to the National Environmental Policy Act of 1969, and the City of Lubbock is to comply with all regulations and rules issued pursuant to such Act in the execution of community development activities with funds provided by and through the Department of Housing and Urban Develop- ment; and WHEREAS, the Contractor is engaged in the business of providing expert consultation in the preparation of environmental assessment and impact state- ments, and procedural and management studies for the use of local governments; and WHEREAS, the City desires to employ the Contractor to render certain technical advice and assistance and expert consultation in connection with the preparation of environmental assessments and development of procedural techniques for community development programs to be undertaken by the City of Lubbock: NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The Contractor shall preform all necessary services provided under this contract in connection with the Lubbock Community Development Program and shall do, perform and carry out in a satisfactory and proper manner as de- termined by the City, the following: A. Develop a detailed procedural manual for the preparation of en- vironmental assessment statements for federally assisted projects. As a minimum, the manual will document the procedures and outline the techniques involved in the preparation of a complete environmental review record that will meet all requirements set out in Title 24 CFR Part 58, Environmental Re- view Procedures for Community Development Program, as published in Volume 40 of the Federal Register dated January 7, 1975, and all other applicable statutes and regulations. The Contractor further agrees that the manual will be based on the activities proposed in the Community Development Pro- gram, 1975-76, set out in Exhibit "A", attached hereto and made a part hereof. .135 MAR 2 i 1975 It is further agreed and understood that the format of such manual will provide a model for the development of future environmental assessment statements for projects normally associated with Community Development activities. B. The Contractor agrees to develop an environmental assessment state- ment for the projects comprising the City's First Community Development Program Year which are identified on Exhibit "A". As a minimum the Con- tractor shall: 1. Complete the remainder of the environmental research required for all projects. 2. Provide a comprehensive assessment of the social, economic and environmental impact for all projects both individually and collective- ly. 3. Complete a matrix evaluation of all projects showing their reciprocal effects. 4. Test the social, economic and environmental impact of all projects both individually and coil.ectiv.ely against the criteria established by all applicable statutes and regulations. 5. Make a determination as to the level of environemental clearance for each. project and for the total program as required by applicable statutes and regulations. 6. Develop a summary report encompassing a complete documentation of environmental review records as called for in Title 24 CFR Part 38, Environmental Review Procedures for Community Development Program, as published in Volume 40 of the Federal. Register dated January 7, 1975. 7. Prepare notice of finding of no significant effect on the environment for projects for which the level of clearance finding is that the projects are not actions that may significantly affect the environment. C. It is further agreed that the Contractor shall conduct a one -day workshop to explain the substance of the manual, reports, and environmental assessment statements developed as part of this contract, and to provide instruction to the staff of the City'in the utilization of manuals and reports for the development of future environmental assessment statements. It is agreed by the Contractor that this workshop will be"conducted by the members of the Interdisciplinary Team responsible for the.preparation of the manual and the environmental assessment statements prepared hereunder. The workshop proceedings and comments of the participants will be recorded, evaluated, and incorporated as separate chapters in the completed procedural manual prepared hereunder. D. The Contractor agrees to supply the City with ten (10) copies of the procedural manual developed as a part of this contract and to furnish fifty (50) copies of the environmental assessment statement. Additionally, the Contractor agrees to supply all necessary manuals and reports used in the workshop conducted pursuant to paragraph "C" preceeding. Upon final payment, the manuals, reports, maps, drawings, graphics, negatives, and data collected and prepared as part of this contract by the Contractor shall become the ex- clusive property of the City. II. TIME OF PERFORMANCE The Services of the Contractor shall commence on the day of March, 1975, and shall be undertaken in such sequence as to insure the expeditious completion of the work set forth in the scope of services, above, in light of the purposes of the contract in accordance with the work activity scheduled, but in any event, all -services required hereunder shall be completed within 60 consecutive calendar days from the date of this contract. III COMPENSATION: In consideration of and upon completion of the work and activities to be undertaken by the Contractor as contained herein, and upon submission to the 4 City.of properly certified invoices, and contingent upon the City's receive- ing funding from the Department of Housing and Urban Development for the City's First Year.Community Development Program, the City agrees to make payment to the Contractor as follows,: 1. For the services and reports to be furnished by the Contractor in accordance with Paragraph I -A and I-B in the "Scope of Services", above, and upon acceptance by the City of such services and reports, the Contractor shall be paid by the C.ity the total amount of $9,630.00. 2. For the services to be furnished by the Contractor in accordance with Paragraph I-C in the "Scope of Services", above, an amount not to exceed $1,080.00 will be paid to Contractor by the City, provided that it is under- stood and agreed that the workshop to be conducted under said Paragraph will be for both the staff of the City of Lubbock and the Urban Renewal Agency of the City of Lubbock. The Urban Renewal Agency will be responsible to the Contractor for payment of any amount in excess of $1,080.00, which may be provided in a separate contract between Contractor and the Urban Renewal Agency. The final amount to be paid Contractor for the conducting of said workshop under Paragraph I-C, "Scope of Services", will be based upon the 136 MAR 2 t 1975 75-34-136-303 (15) rate of $245.00 for each member of the Interdisciplinary Team participating in the workshop and the City shall pay the Contractor $122.50 for each member of such team participating therein, but in no event shall compensation to be paid by the City to Contractor for services rendered for said workshop exceed $1 , 080 .00.. IV. AFFIRMATIVE ACTION PLAN The Contractor agrees to comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as set out in Exhibit "B", attached hereto and made a part hereof. V. TERMS AND'CONDITIONS This Agreement is subject to and incorporates the provisions attached hereto as "Part II - Terms and Conditions." VI. PREVAILING SALARIES Not less than respective salaries prevailing in the locality as determined pursuant to the attached instrument entitled "Determination of Prevailing Salaries of Technical Positions" shall be paid to persons in the respective occupations listed herein employed in the performance of the work under this contract. VII. CERTIFICATIONS The Contractor shall furnish the City, with each statement submitted for services rendered, certifications as to compliance with Section VI of this contract, when applicable, and a similar certification of the subcontractors with respect to employees engaged in work under this contract. VIII. FEDERAL ASSISTANCE The Contractor agrees to affix the following statement to all reports completed pursuant to this contract, "The preparation of this report was financed in part through a Block Grant from the Department of Housing and Urban Development": IN WITNESS WHEREOF, the City and the Contractor have executed this Agree- ment as of the date first above written. ATTEST:. CITY OF LUBBOCK, TEXAS BY: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer ATTEST: ecretary APPROVED AS TO LEGAL FROM AND LEGAL ADEQUACY: Attorney at Law FIRST CONSULTANTS, INC. BY: Chairman of the Board BY. President Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7055 on first reading. ORDINANCE NO. 7055 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON SLIDE ROAD FROM 50TH STREET TO 62ND STREET AS HEREINAFTER DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CON- FLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDI- NANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. 75-34-136-304 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (16) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION .BE IT RESOLVED BY THE CITY COUNCILL-O 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 ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and the CITY OF LUBBOCK and the URBAN RENEWAL AGENCY, attached herewith, which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of the COUNCIL shall constitute and be a part of this Resolution as if fully 137 MAR 2 ; 1975 P, om F copied herein in detail. Passed by the City Council this 27th day of March, 1975. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr., City Attorney CONTRACT SECRETARY'S NO. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and CITY OF LUBBOCK, TEXAS and THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS AGREEMENT: Relating to the relocation of a grade crossing from Baylor Street to Cornell Street at Lubbock, Lubbock County, Texas, Neighborhood Development Program 4B and 4C Areas, Urban Renewal Project Tex.A-14(C). DATED:March 6, 1975 AGREEMENT, made this 6th day of March, 1975, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY a Delaware corporation (here-inafter called "Santa Fe"), as First Party; the CITY. OF LUBBOCK, TEXAS, a municipal corporation of Lubbock County, acting herein by its Mayor, hereunto duly authorized (hereinafter called "City"), as Second Party, and THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, a Texas corporation operating in the City of Lubbock, acting herein by its Chairman of Board, hereunto duly authorized (hereinafter called "Agency"), as Third Party. WITNESSETH: R E C I T A L S: WHEREAS, Santa Fe owns and operates a line.of railroad through the State of Texas, which line of Railroad'is now crossed by Baylor Street at Lubbock, Texas, at grade at Plainview District Mile -Post 673+0577.5 feet. WHEREAS, the Agency has entered into a Neighborhood Development Program Funding Agreement, further identified as Funding Agreement Number TEX A-14(C) (LG) effective February 1, 1974, as amended the 21st day of August 1974, with the United States of America, providing for financial aid to the Local Public Agency under Title 1 of the Housing Act of 1949 as amended by all amendatory acts; and WHEREAS, in exercising the powers conferred upon it under Article 1269L-3, V.A.C.S., the Urban Renewal Law of the State of Texas, the Agency intends to extend Cornell Street from North Avenue U to the bridge across Avenue Q North Drive (U.S. 87) thus requiring a railway grade crossing at the intersection of Cornell Street and Santa Fe right-of-way and the closing of the Baylor Street grade crossing, and it will be necessary for Santa Fe to remove, re-route, and/or change the grade and/or alter said existing facilities as delineated on print A.G.M.-Engineering, Amarillo, Texas, dated January 8, 1975, hereto attached, marked Exhibit "A", and made a part hereof. AGREEMENT ARTICLE' l 1. Santa Fe, for and -in consideration of the sum of One and No/100 r Dollars ($1.00) cash to it paid by City, the receipt whereof is hereby acknowledged, and of the full and faithful performance by City of its covenants hereinafter set forth, hereby licenses City to use a porti'o"n of Santa Fe's property situated at Lubbock, Lubbock County, Texas, for the purpose of con- st.ructiitg, maintaining and using a public road and drainage facilities for Cornet 1 Street. 2. Santa Fe will, at Agency's expense, make adjustments to railway communications lines at the grade crossing location. 3. Santa Fe will, at Agency's expense, remove the existing crossing at Baylor Street and install 1-56ft.' full depth timber plank crossing at Cornell Street in the main tract, provided that in the event of discontinuance of use by Santa Fe of said tract all obligations assumed by it hereunder as to such tract shall cease and be at an end. 4. Santa Fe will, at Agency's expense, relocate the existing standard flashing light signals from Baylor Street to -Cornell Street and install crossi.ng gates on the signals. 5. Santa Fe will, at its own -expense, maintain the full depth timber crossing between the ends of its ties. 6. Sante Fe will, at its own expense, maintain the automatic warning devices. It shall be understood that Santa Fe shall be entitled to receive any contribution toward the cost of such maintenance as may be now, or here- after made availabl.e by City by reason of any law, ordinance, regulation, order, grant or by other means or sources. 1AAR 7. Santa Fe agrees that it will fulfill its obligation of Section 3 clause of Title 24 - Housing and Urban Development, Part 135 - Employment Opportunities for Businesses and Lower Income Persons in Connection with Assisted Projects. Said Section 3 clause of Title 24 is incorporated and made a part of this agreement by reference. ART I C-LE I I In consideration of the aforesaid license, City covenants and agrees to and with Santa Fe as follows: 1. City will use the licensed premises ecclusiveiy as a site for a public road and drainage facilities. 2. City will not let or sublet the whole or any part of the licensed premises for any purpose whatsoever or assign this license without the written consent of Santa Fe in each instance. 3. City will deliver up to Santa Fe the premises, or any part thereof, if at any time it shall cease to be used for the purpose licensed. 4. That in case of eviction of City by anyone owning or claiming title to the whole or any part of the licensed premises, Santa Fe shall not be liable to -City for any damage of any nature whatsoever. 5. That no legal right of Santa Fe to maintain, use and relocate any railroad facilities, now located upon the licensed premises, or to construct, maintain, use and relocate such tract, or tracks, or other railroad facilities as it may desire upon or across the licensed premises shall be in anywise affected by the giving of this license. 6. That if it shall become necessary in the future reconstruction and/or maintenance of said public road and drainage facilities to make any changes or alterations in Santa Fe's right of way fences, signal, power and/or com- munications pole and wire lines, and/or other facilities located upon the licensed premises, such changes or alterations, if agreeable to Santa Fe, will be made by Santa Fe at City's expense, bill for the cost of which City will promptly pay. 7. City will bear and pay the entire cost of maintaining the public road and drainage facilities on the licensed premises (except that portion to be maintained by Santa Fe as provided by Article I hereof) in such manner as not to interfere with, hinder, or in any manner obstruct or endanger the use by Santa Fe of its railroad and other Santa Fe property adjacent thereto. ARTICLE III Agency joins in the execution hereof to evidence its agreement to the provisions hereinafter contained: 1. Agency will prepare, or cause to have prepared, design, detail plans and specifications for the construction of the grade crossing. 2. Agency will require that its Contractor do no work on Santa Fe's property without first contacting Santa Fe's superintendent at Amarillo, Texas, and securing his approval of such work. 3. That if it is determined necessary, by Santa Fe during the construc- tion of sai.d public road and drainage facilities, to provide flagmen and in- spectors to insure the safety of railroad operations,.the cost of providing such flagmen and inspectors will be borne by Agency. 4. That based upon the details of the reimbursable items of work to be performed as shown on Exhibit "B" hereof, it is agreed that payment shall be the actual and indirect cost; accumulated in accordance with the Santa Fe's standard accounting practices, incurred in removing, rerouting or changing the construction of any Santa Fe owned facilities by reason of or in conjunc- tion with the exercise by the Agency of the power conferred upon it by the Urban Renewal Law of the State of Texas, Article 1269L-3, V.A.C.S., in the Project Area, less the salvage value of the facilities so removed by the Santa Fe hereunder; and that the total cost of all work performed under this agree- ment shall not exceed the sum of twenty eight thousand and no/100 dollars. 5. The Santa Fe's actual and related indirect costs incurred in connection with this contract, less the salvage value of the facilities removed by the Santa Fe, will be paid by the Agency upon receipt of statements prepared in accordance with the Santa Fe's standard accounting practices. The Agency may subject any billing submitted to it by the Santa Fe to audit and the Santa Fe shall permit the Agency to have full access to its books and records at all reasonable times for this purpose. Payment of costs incurred in connection with this contract is subject to the following conditions: 1. Payment for relocation shall not be reduced because of extended service life wh.ere facilities are replaced with like service, 2. Credit will not be given for unexpired service life of facilities removed. 3. When plant betterment is involved, payment will not be based on the difference between estimated cost of replacement in kind and actual cost, but will be based on a percentage of total cost to be deter- mined by the ratio of required capacity to installed capacity. Payment of any bill submitted by the Santa Fe to the Agency shall not, how- ever, be delayed unreasonably by the Agency in commencing or completing any such audit. 6. That the contract or contracts to be let by Agency for the construc- tion of the Cornell Street extension for which the grade crossing hereunder is made necessary, being construction work other than that which Santa Fe is to do and perform hereunder, shall provide: A. Standard Manufacturer's and. Contractor's Liability Insurance. The Contractor shall furnish evidence to Santa Fe that, with respect to the operations he performs, he carries regular Contractor's Liability Insurance proviidi.ng. for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injuries to/or death of one person, and subject to that limit for each person, a total limit of One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to/or death of two or more persons in any one accident, and Property Damage Liability Insurance providing for a limit of not 11 13 less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of injury to/or destruction of property in any one accident and subject to that limit per accident a total (or aggregate) limit of One Million Dollars ($1,000,000.00) for all damages arising out of injury to/or destruction of property during the policy period. If any part of the work is sublet similar insurance shall be pro- vided by or in behalf of the subcontractors to cover their operations. B. 'Contractor's Protective Liability Insurance. The Contractor shall furnish evidence to Santa Fe that, with respect to the operations performed for him by subcontractors, he carries in his own behalf regular Contractors' Protective Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injuries to/or death of one person, and subject to that limit for each person, a total limit of One Millions Dollars ($1,000,000.00) for ail damages arising out of bodily injuries to/or death of two or more persons in any one accident, and Protective Property Damage Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of injury to/or destruction of property in any one accident and subject to that limit per accident, a total (or aggregate) limit of One Million Dollars ($1,000,000.00) for all damages arising out of injury to/or destruction of property during the policy period. C. Railroads' Protective Liability and Property Damage and Physical Damage to Property Insurance. In addition to the above, the Contractor shall have issued and furnished in favor of Santa Fe, with respect to the operations he or any of his subcontractors perform, a Standard Railroad Protective Liability Policy, with coverage as outlined in General Casualty Bulletin No. 258, dated July 9, 1958, issued by the State Board of In- surance of Texas, providing for Bodily Injury Liability a limit of not les-s than Five Hundred Thousand Dollars ($500,000.00) for each person and One Million Dollars ($1,000,000.00) for each occurrence and for Property Damage a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for each occurrence and One Million Dollars ($1,000,000.00) aggreate during the policy period. . � ARTICLE IV It is mutually agreed between the parties hereto:. 1. That the license given herein is subject to all existing contracts, agreements and/or easements -covering -roads, public or private, wire lines and appurtenances, pipe lines, sewer lines or other facilites now located on the licensed premises. 2. That no covenant of warranty, expressed or implied, shall be construed from the use of any word or words contained herein. 3. That the license and permission gi.ven herein shall be effective from its date and thereafter until terminated by either party giving to the other eighteen months (18) written notice of its desire to terminate the same. IN TESTIMONY WHEREOF, the parties have executed this agreement in tri- plicate as of the day and year first above written. THE ATCHISON, TOPEKA AND CITY OF LUBBOCK, TEXAS SANTA FE. RAILWAY COMPANY BY: /s/ G.R. Hill BY: /s/ ROY .BASS, MAYOR Its Assistant to Gen Manager. APPROVED AS TO FORM: ATTEST: /s/ W. 0. Memitz Assistant Secretary BY:/s/ Fred 0. Senter Jr., City Attorney THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK By: /s/ Jimmy R. Price Chairman of Board ATTEST: BY: H.O. Alderson Secretary 75-34-139-305 The City Council considered a resolution authorizing the Mayor to execute (17) a.Cooperation Agreement with the Urban Renewal Agency of the City of Lubbock on disposition of Parcel 5C-7• After consideration.of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to hold this item until the April 10, 1975, City Council Meeting. 75-34-139-306 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (18) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept improvements constructed by Panhandle Construc- tion Company for a water distribution main from Pump Station No. 4 to North Avenue N at Marshall Street and to authorize final payment in the amount of $18,293.64. March 27, 1975 Honorable Mayor and City Council City of Lubbock, Texas r 10 7 971 — — — — CERTIFICATE OF COMPLETION Gentlemen: I have inspected the 24" Water Distribution Main from #4 Pump Station to North Avenue "N" and Marshall Street, WWO 11488, dated March 28, 1974, and found said improvement to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements. Sincerely, /s/ Wilford D. Watson City Engineer CR/kr CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCK X Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared David H. Hampton, who being by me duly sworn, upon oath says: I, David H. Hampton, Vice President Panhandle Construction Company, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated'March 28, 1974, for 24" Distribution Main from P.S.#4 to N. Avenue "N" and Marshall Avenue, under WWO 11488, and that the work and contract has been completed according to the plans and specifications pertainin to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys,'bonds, or warrants due the contractor, -have been satisfied by payment to the claimant,. his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project'h'erein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 18th day of March, 1975. Attest: /s/ Arden Bailey /s/ David H. Hampton Subscribed and soorn to before me this l8th day of March, 19�75. /s/ ,lames E. Col 1 ier Notary Public in and for Lubbock County, Texas 75-34-140-307 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (19) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed authorizing establishing a schedule of completion for a sanitary sewer project T-258 under Public Law 92-500. It was agreed to allow the City Staff to adjust revenue sharing funds, as needed, in order to get the best financial arrangement for the City. RESOLUTION WHEREAS, the CITY OF LUBBOCK, TEXAS, has made application to the TEXAS WATER QUALITY BOARD and the ENVIRONMENTAL PROTECTION AGENCY for a federal grant pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations thereto; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the application for which federal grant assistance has been requested pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500', will be constructed to completion in accordance with the laws, rules, and regulations and with the following project schedule: Project Schedule Item General Availability of Financing Funds for applicant's share of the projects costs Step 1 Step 2 Step 3 Availability of the Site (s) for the project facilities Step 1 Infiltration /Infloow Analysis Initiated Completed Submitted to State (TWQB) Project Schedule Item Date of Action Complete this Date Bond Funds Bond Election to be Held Complete this Date June 1, 1975 July 1, 1975 August 1, 1975 Date of Action Preliminary Infiltration/Inflow Evaluation Survey Study Plan (if Initiated Completed Report Compl eted Submitted to State (TWQB) Infiltration/Inflow Evaluation Survey Initiated Completed Report Completed Submitted to State (TWQB) Environmental Assessment Initiated (instructions on Form needed) July 1, 1975 September 1, 1975 October 1, 1975 October 15, 1975 (if needed) July 15, 1975 October 15, 1975 October 30, 1975 November 1 5 , 1975 CC-i 78) June 1, 1975 Completed (Sections 1-6) July 1, 1975 Public Hearing Advertised July 15, 1975 Public Hearing Conducted (Section 7; 30 day minimum period of advertise- ment) August 18, 1975 Environmental Assessment Finalized (Section 7, minutes of Public hearing completed) September 1, 1975 Submitted to State (TWQB) September 15, 1975 The Regional Planning Agency Comments and Approvals Completed September 1, 1975 Project Schedule Item Date of Action Submitted to State (TWQB) September 15, 1975 Facility Plan (Including Final Engineering Report/Feasibility Report) Initiated July 15, 1975 Completed September 15, 1975 Report Completed October 1, 1975 Public Hearing (30 day minimum period of Advertisement) November 15, 1975 Submitted to State (TWQB) December 1, 1975 Step 2 Final Plans and Specifications Initiated July 15, 1975 Completed October 15, 1975 Submitted to State (TWQB) December 15, 1975 Step 3 Advertise for Construction Bids within the days indicated after authorization to advertise for bids has been issued 30 Days Submit Bid Opening Documents within the days indicated after the bid opening date 15 Days Award Construction Contract withi-n the days indicated after authorization to award the contract has been issued 15 Days Project Schedule Item Date of Action Initiation of Construction within the days indicated after the award of the contract 90 Days Complete Construction within the days indicated after initiation of construction 360 Days BE 1T FURTHER RESOLVED: THAT the CITY OF LUBBOCK understands that the above project schedule must be approved by the TEXAS WATER QUALITY BOARD and the ENVIRONMENTAL PRO- TECTION AGENCY, and that once a project schedule has been approved, no changes will be authorized without first receiving approval of the change from the TEXAS WATER QUALITY BOARD and the ENVIRONMENTAL PROTECTION AGENCY. Passed by the City Council this 27th day of March, 1975• /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr., City Attorney 75-34-141-308 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (20) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the CITY OF LUBBOCK has determined that the public needs, neces- sity, and welfare demand that its public water system be further expanded, 12 1AAR 2 7 1975 extended, and improved in order to provide better water service for its inhabitants, which is a public purpose and a lawful municipal purpose, in- cluding the City of Lubbock acquiring lands needed for such public purposes; and, WHEREAS, the City Council of the CITY OF LUBBOCK hereby determines that it would be and will be to the best public interest and for public and muni- cipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas be acquired for municipal purposes and public use and purposes as set forth in the preamble hereof, to -wit: FIELD NOTES for a 3.477 acre tract of land out of the Southwest quarter of Section 13, Block A, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point in the West Line of Section -13, Block A, Lubbock County, Texas, said point being N 2017'59" W a distance of 1196.58 feet from the Southwest corner of said Section 13, for the Northwest corner of a City of Lubbock Tract and the Southwest -corner of this tract; THENCE N 2017'59" W along the West Line of Said Section 13 a distance of 382.00 feet to a point for the Northwest corner of this tract; THENCE N 87046101" E a distance of 400.00 feet to a point for the Northeast corner of this tract; THENCE S 2017'59" E parallel to the West Line of said Section 13 a dis- tance of 269.74 feet to a point in the Northwest Right -of -Way Line of the Canadian River Project Aqueduct for a corner of this tract; THENCE in a Southwesterly direction along the Northwest Right -of -Way Line of said Aqueduct around a curve to the left having a radius of 1010.00 feet, a delta angle of 14017'33", a chord distance of 251.29 feet to a point of tangency of curve for a corner of this tract; THENCE S 30048'31" W along the Northwest Right -of -Way Line of said Aqueduct a distance of 38.02 feet to a point in the East Line of a City of Lubbock tract for the most Southerly corner of this tract; THENCE N 2012129" W along the East Line of said City of Lubbock tract a distance of 111.48 feet to the Northeast corner of said City of Lubbock tract for an ell corner of this tract; THENCE S 87046101" W along the North line of said City of Lubbock tract a distance of 217.00 feet to the PLACE OF BEGINNING. Section 2. THAT the owners of said land, including J. Lee Quillin, be offered through the Right -of -Way Department of the City of Lubbock the amount of $10,400.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted, the City Attorney is hereby authorized and instructed to institute Condemnation Proceedings to acquire fee simple title to said real estate as hereinabove described for the purposes aforesaid. Passed by the City Council this 27th day of March, 1975. /s/R.OY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 75-34-142-309 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (21) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following 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 and issue subject to the terms thereof for and on behalf of the CITY OF LUBBOCK a Land Use Permit for 20 inch gas line in favor of PIONEER NATURAL GAS COMPANY, A Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this 1 K MAR 2 19 d' Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of March, 1975. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer F APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney LAND USE PERMIT THE STATE OF TEXAS X COUNTY OF LUBBOCK X VON The CITY OF LUBBOCK, a Home Rule Municipality located in Lubbock County, Texas, acting be and through its MAYOR hereunto duly authorized (herein called CITY) does hereby issue to PIONEER NATURAL GAS COMPANY (herein called PERMITTEE) a land use permit to construct, operate, and maintain an under- ground gas line approximately 20 inches in diameter to be buried approximately 4 feet under th.e surface of the ground in, under, along and across the follow- ing described tract of land: r I LAND USE PERMIT DESCRIPTION A strip of land twenty feet wide, being ten feet wide on either side an'd along the entire length of the following described center line; BEGINNING at a point in the North section line of Section 13, Block A, 149.4 feet West of the Northeast section corner; THENCE South 0001'30" West a distance of 120.0 feet to a point; THENCE South 38028'30" East a distance of 1,241.6 feet to a point; THENCE South 0001'30" West a distance of 60.0 feet to a point; THENCE South 8043'30" West a distance of 1,724.3 feet to a point; THENCE South 27045'30" West a distance of 1,218.4 feet to a point above an existing 10" gas line, then continuing on this same bearing for a total distance of 1,315.6 feet to a point; THENCE South 6008' 30" East a distance of 2,075.0 feet more or less to a point in the North ROW of Loop 289. TEMPORARY WORKING PERMIT DESCRIPTION A temporary land use permit is also hereby allowed Permittee as a tem- porary working permit for a strip of land sixty feet wide being thirty feet wide on'either side of said center line along its entire length, which temporary working permit shall ipso facto expire, without further writing upon completion and covering up of the gas line constructed under the terms of this land use permit. This Permit is issued upon the following terms and conditions: (1) PERMITTEE shall have full right of engress and egress for purposes necessary to carry out the privileges allowed by this Permit. (2) This Permit is to be construed as a land use permit only and is not to be construed as the grant of a permanent perpetual easement or conveyance of title or interest in land of any kind or nature. (3) As consideration for the issuance of this Permit, PERMITTEE agrees to pay and shall pay to the City the sum of $3,738.25 in a lump .sum in advance contemporaneously with the execution of this Permit by PERMITTEE. (4) PERMITTEE agrees to abide by and comply with all provisions of the Antiquities Code of Texas, Article 6145-9, Vernon's Annotated Civil Statutes of the State of Texas as currently amended and supplemented, and all rules and regulations promulgated pursuant thereto. All to be accomplished at PERMITTEE'S cost prior to commencement of gas line construction and/or use of such gas line hereunder. (5) PERMITTEE agrees by its acceptance of this Permit to move, re -shift, or relocate its gas line placed pursuant to this Permit when requested to do so by the City of Lubbock after 180 days notice, to be done at the expense of PERMITTEE. . (6) This Permit is made subject to the condition that PERMITTEE and its successors, and assigns, will at all times defend, indemnify and otherwise hold the City, its agents, servants and employees harm--ess- of and from any and all claims demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or relate to the making of this Permit or the exercise by PERMITTEE of all or any of the previleges allowed by this Permit. (7) City of Lubbock at its election may cancel and revoke this Permit with or without cause, upon 180 days notice to PERMITTEE. Said notice shall be 144 AR 2 7 1975 deemed properly served if deposited in the Post Office, postpaid, addressed to Pioneer Natural Gas Company at 1500 Broadway, Lubbock, Texas 79401. (8) Upon termination of this Permit, by revocation and/or cancellation by CITY, by mutual consent of the parties hereto or otherwise, PERMITTEE shall remove, at no cost to CITY, any or all improvements and appurtenances thereto, if any, made or placed pursuant to this Permit if such removal is requested by the City of Lubbock. (9) PERMITTEE accepts the terms, covenants, and conditions of this Permit and agrees to be bound thereby. (10) This Permit and privilege shall not be transferable in whole or in part, and shall not inure to the benefit of any other person, firm, corpora- tion, or organization other than PERMITTEE except upon express written consent of City of Lubbock. (11) All covenants and provisions of this permit shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by PERMITTEE, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon City of Lubbock without the written consent of said CITY in each instance. EXECUTED THIS 27TH DAY OF MARCH, 1975. CITY OF LUBBOCK BY /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer ACCEPTED: PIONEER NATURAL GAS COMPANY BY ATTEST: President Secretary 75-34-144-310 Motion was made by'Councilman Campbell, seconded by Councilman Henry, motion (22) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7056 on first reading. ORDINANCE NO. 7056 AN ORDINANCE ABANDONING AND CLOSING AN ELECTRICAL POWER LINE EASEMENT LOCATED OUT OF SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS AND MORE PARTI- CULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 75-34-144-311 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (22a) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7057 on first reading. ORDINANCE NO. 7057 AN ORDINANCE ABANDONING AND CLOSING AN ELECTRIC TRANSFORMER PAD EASE- MENT LOCATED IN THE NORTHWEST CORNER OF LOT 102, BUSTER LONG ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFI- CIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 75-34-144-312 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (23) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a CONTRACT for the pur- chase of land to be entered into by and between said CFTY'as purchaser and the URBAN RENEWAL AGENCY of the CITY OF LUBBOCK as VENDOR concerning Tract 12-B-8-1 and Tract 12-B-8-3 as shown on Land Disposition Map attached to Cooperation Agreement dated October 26, 1972, between said CITY and said AGENCY regarding the Neighborhood Development Program Tex-A-14(C), a copy of said land purchase contract being spread upon the minutes of this Council and as so spread upon the minutes shall Constitute and be a part hereof for all purposes. Consideration for said purchase is the amount of $17,000.00, to be paid by said CITY to said AGENCY. Passed by the City Council this 27th day of March, 1975• ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney IT MAR 2 r f r CONTRACT FOR SALE OF LAND FOR REDEVELOPMENT BY THE CITY OF LUBBOCK Agreement (hereinafter called "Agreement") made on or as of the 27th day of March, 1975, by and. between the Urban Renewal Agency of the City of Lubbock a Public Body Corporate and Politic of the State of Texas (herein- after called "Agency") having its office at 1114 lOth Street, in the City of Lubbock, State of Texas, and the City of Lubbock., a Public Body Corporate and Politic of the State of Texas (hereinafter called "Public Body") having i-ts office at City Hall, 916 Texas Avenue, in 'the City of Lubbock, State of Texas, WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Law of the State of Texas (Article 1269L-3 R.C.S. of Texas), the Agency has under- taken a program for the clearance and. reconstruction or rehabilitation of slum and blighted areas in the City of Lubbock (here.inafter called "City"), and in this connection is engaged in carrying out an urban .renewal project known as "Third Action Year - Neighborhood Development Program - Urban Renewal Project" (hereinafter called "Project") in an area (hereinaft.er called "Project Area") located in the City; and WHEREAS, as of the date of the Agreement there ha.s been prepared and approved by the Agency an urban renewal plan for the Third Action Year Neighborhood Development Program Urban Renewal Project, dated February 1, 1973, and on g i na.i ly approved by .the 'C i ty o-f Lubbock by resol.ut i on passed on the 9th day of November,-1-972; which plan, as it may hereafter be further amended from time to time pursuant to 1aw, and as so constituted from time to time, is unless otherwise indicated by the context, (hereinafter called "Urban Renewal Plan"); and a notice of said Urban Renewal Pl.an,.as constituted on the date of the agreement, has been recorded among the land records for the place in which the Project -Area is situated, namely, in the Deed Records of Lubbock, Lubbock County, Texas, in Volume 1344, Pages 419-426; and WHEREAS, in order to enable the Agency to achieve the -objectives of the Urban Renewal Plan, and particularly to make land in the Project Area avail- able (after acquisition -and clearance by the Agency) for redevelopment by a public entity for and in accordance with the uses specified in the Urban Renew- al plan, both the Federal Government and City.have undertaken to provide, and have provided, substantial aid and assistance to the Agency through a Contract for Loan and Capital Grant dated January 13, 1973, in the case of the Federal Government, and a Cooperation Agreement dated October 26, 1972, in the case of the City; NOW THEREFORE, each of the parties hereto, for and in consideration of the premises and the mutual obligations herein, does hereby covenant and agree with the other, as follows: ARTICLE 1. GENERAL TERMS OF CONVEYANCE OF PROPERTY Sec. 1. Sale and Purchase Price. Subject to all the terms, covenants, and conditions of the Agreement, the Agency will sell certain real property in the Project Area more particularly described in Schedule"A" annexed hereto and made a part hereof (which property as so described, is hereinafter called "Property"), to the Public Body for, and the Public Body will purchase the Property and pay to the Agency therefor, the amount of SEVENTEEN THOUSAND DOLLARS ($17,000.00), (hereinafter called "Purchase Price") which Purchase Price shall be paid as. follows: Tract 1---------------------------- $13,600.00 Tract 2---------------------------- 3,400 00 $17,000.00, Tracts 1 and 2 being more particularly described by metes and bounds in Schedule "A: attached hereto, and by reference made a part hereof as though copied in full herein. Such payment shall be in cash, or by such check as shall be satisfactory to the Agency, at the time and place provided herein. Sec. 2. Conveyance. The Agency shall convey to the Public Body, upon payment in full of the Purchase Price by the Public Body, title to the Pro- perty by General Warranty Deed (hereinafter collectively called "Deed''). Such conveyance shall, in addition to all other conditions, convenants, and restric- tions set forth or referred to elsewhere in the Agreement be subject to: (a) all existing easements and rights of way. (b) Restrictive covenants affecting the land described in Schedule "A" attached to this Contract. (c) Any discrepancies, conflicts, or shortages.in area or boundary line, or any encroachments, or any ove.rlapping of improvements.. (d) All applicable restrictions and controls imposed by the Urban Renewal Plan for the Third Action Year - Neighborhood Development Program. Sec. 3• Delivery of Deed. The Agency shall deliver the Deed and possession of the Property to the Public Body upon payment of the full Purchase Price. ARTICLE II. PREPARATION OF PROPERTY FOR REDEVELOPMENT Sec.. 1. Preparation of Property_. The Agency covenants that it has, prior to the execution hereof, prepared the property for redevelopment and public reuse, in accordance with the Urban Renewal Plan applicable hereto. ARTICLE' III. CONSTRUCTION OF IMPROVEMENTS Sec. 1. Construction Required. The Public Body, as redeveloper, will redevelop the Property by construction thereon for public use, which shall consist of public open space and plans with respect to the Improvements to be constructed or otherwise made by the Public Body on the Property shall be submitted to the Agency upon request in sufficient completeness and detail to show that the improvements and construction thereof will be in accordance with the provisions of the Urban Renewal Plan and the Agreement. _46 AR 2 7 1975 Sec. 2. Time for Construction. The Public Body agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deeds shall contain covenants on the part of the Public Body for itself and such successors and assigns, that the Public Body shall begin the redevelopment of the Property through the construction of the Improvements thereon, with ( ) months from the date of the Deed, and diligently proceed to complete such construction with (—)months from such dates. It is intended and agreed, and the Deeds shall so expressly provide, that the agreements and covenants of the Agreement pertaining to the Improvements shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the Agency and en- forceable by the Agency against the Public Body, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein. Sec. 3. Certificate of Completion. Promptly after completion of the Improvements in accordance with the provisions of the Agreement, the Agency shall furnish the Public Body with an appropriate instrument so certifying. Such certification by the Agency shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Public Body, its successors, and assigns, and every successor in interest to the Property, to construct the Improvements and the Dates for the beginning and completion thereof. All certifications provided for in this Section shall be in such form as will enable them to be recorded with the Clerk of the Registry of Deeds for the County of Lubbock. ARTICLE IV. LAND USES Sec. 1. Restrictions on Land Use. The Public Body agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Public Body for itself, and such successors and assigns, that the Public Body, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan applicable hereto, as the same may hereafter be amended and extended from time to time; and (b) Not discriminate upon the basis of race, color, religion, sex or national origin in the sale, lease, or rental or in the use or occupancy of the property or any improvements erected or to be erected thereon, or any part thereof. (c) Comply with the regulations issued by the Secretary of Rousing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which shall prohibit the use of lead -based paint in residential structures undergoing federally assisted construction or re- habilitation and require the elimination of lead -based paint hazards. Sec. 2. Effect of Covenants; Period of Duration. It is intended and agreed, and the Deed shall so expressly provide, that the agreements and coven- ants provided in this Article IV shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal, or -otherwise, and except only as otherwise specifically provided in the Agreement, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by, the Agency, its successors and assigns, the City, and the United States (in the case of the covenant provided in subdivision (b) of Section 1 of this Article IV), against the Public Body, its successors and assigns, and every successor in interest to the Property or any part -thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided (a) in subdivision (a) of Section I of this Article IV shall remain in effect until January 1, 1992, (at which time such agreement and covenant shall ter- minate), and (b) in subdivision (b) of such Section 1 shall remain in effect without limitation as to time. Sec. 3. Enforceability by Agency and United States. In amplification, and not in restriction, of the provisions of Section 22 of this Article IV, it is intended and agreed that the Agency shall be deemed a beneficiary of the agreements and covenants provided in Section 1 of this Article IV, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of such Section 1, both for and in their or its own right and also for the purposes of protecting the interests of the community and the other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall (and the Deed shall so state) run in favor of the Agency and the United States for the entire period during which such agreements and covenants shall be in force, without regard to whether the Agency or the United States is or has been an owner of any land or interest therein to, or in favor of, with such agreements and covenants relate. The Agency shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right, in the event of any breach of the covenant provided in subdivision (b) of Section 1 of this Article IV, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITION'S AGAINST ASSIGNMENT AND TRANSFER rij 611 MAR a 7 r" Sec. 1. Representation as to Redevelopment. The Public Body represents and agrees that its purchase of the Property shall be for the purpose of redevelopment of the Property in accordance with the Urban Renewal Plan and the Agreement. Sec. 2. Prohibition Against Transfer of Property and Assignment. The Public Body has not made or created, and will not, prior to the proper completion of the Improvements, as certified by the Agency, make or create, or suffer to be made or created, (a) any total or partial sale, conveyance, or lease of the Property, or any part thereof or interest therein, or (b) any ass ignunertt of the .Agreement, or any part thereof, or (c) any agreement to do any of the foregoing, without the prior written approval of the Agency. Such approval shall be on such condition as the Agency may in its exclusive discretion determine, including, but not limited to, the assumption by the proposed transferees, by instrument i-n writing, for itself and its successors and assigns, and for the benefit of the Agency, of all obligations of the Public Body under the Agreement. ARTI CLE 'VI'. REMEDIES Sec. 1. Notice of Default. In the event of any default under or breach of any of the terms or conditions of the Agreement by either party hereto, or any successor or assign of, or successor in interest to, the Property, such party -or successor shall upon written notice inform the other to proceed to remedy or cure such default or breach within days after receipt of such notice. In case such action is not taken or diligently pursued or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in'its opinion to'cure or remedy such default or breach or to obtain damages therefor, including but not limited to proceedings to compel specific performance by the party in default or breach of its obligatio Sec. 2. Termination by Public Body. In the event that the'Agency does not tender conveyance of the Property or possession thereof in the manner and condition, and by the date, provided in the Agreement and any such failure shall not be cured within days after written demand by the Public Body, then the Agreement shall at the option of the Public Body be terminated, and neither the Agency nor the Public Body shall have any further rights against or liability to the other under the Agreement. Sec. 3. Termination by Agency_- In the event that prior to conveyance of the Property to the Public Body and in violation of the Agreement the Public Body (any successor in interest) assigns or attempts to assign the Agreement or any rights herein or in the Property, or the Public Body does not pay the purchase price for and take title to the Property upon proper tender of conveyanc by the Agency pursuant to the Agreement, then the Agreement and any rights of the Public Body or any successor or assign of the Public Body or transferee of the Property under the Agreement or arising therefrom, with respect to the Agency or the Property, shall at the option of the Agency be terminated by the Agency. In such event, except for the right of the Agency to damages for such breach afforded by law, neither the Public Body (or'assignee or transferee) nor the Agency shall have any further rights against or liability to the other under the Agreement. Sec. 4. Delays Beyond Control of Parties. For the purposes of the Agree- ment, ne.ither the Agency nor the Public Body, as the case may be, nor any success of either of them shall be considered in breach of or in default under its obligations with respect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the Improvements, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted. to, acts of God, acts of the public enemy, acts of the Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strickes, freight embargoes,'and unusually severe weather, or delays of subcontractors due to such causes; it being the purpose and intent of this provision that, in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the Agency with respect to construction of the Improvements, as the case may be, shall be extended for the period of the enforced delay; provided, that the party seeking the benefit of the provisions of this Section shall, within days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof and requested an extension for the period of the enforced delay. Sec. 5. Ri hts and Remedies Cumulative. The rights and remedies of the parties to the Agreement, -whether provided -by law or by the Agreement, shall be cumulative and the exercise by :either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach, or of any of its remedies for any other default or breach by the other party. No waiver made by either party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. No such waiver .shall be valid unless it is in writing duly signed by the party waiving the right or rights. �2-1975 ARTICLE Vll.- MISCELLANEOUS PREVISIONS Sec. i. Conflict of Interest. No member, official, or employee of the Agency shall have any personal interest, direct or indirect, in the Agree- ment, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Agency shall be personally liable to the Public Body or any successor in interest in the event of any default or breach by the Agency or for any amount which may become due to the Public Body or successor or on any obligations 0 under the term -of the Agreement. Sec. 2. E ual Em lo.ment Opportunity. The public Body for itself, and its successors and assigns, agrees that it will include the following provisions of this Section 2 in every contract or purchase order which may hereafter be -entered into between the Public Body and any party (hereinafter in this Section called "Contractor" for or in connection with the construction of the Improvements, or any part thereof, provided for in the Agreement unless such contract or purchase order is exempted by rules, regulations, or orders of the Secretary of Labor iss.ued pursuant to Section 204 of Executive Order 11246 of September 24, 1965: "Sec. 3. Equal Employment Opportunity. During the performance of this contract, the Contractor agre.es with the Public Body as follows: (a) The Contractor will not discriminate against any employee or appli- cant for employment because of race, creed, color, or national origin, and after October 13, 1968., because of race, color,'reiigion, sex, or national origin. The Contractor will take affirmative action to ensure that appli- cants are employed and that employees are treated during the employment, without regard to their race, creed, color, or national origin, and after October 13, 1968, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive con-siderati.on for employment without regard to race, creed, color, or national origin, and after October 13, 1968, without regard to race, color, religion, sex or national origin. (c) The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or worker's representative or the Contractor's commitments under Section 202 of Executive Order 11246 of September 25, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, -and will permit access to the Contractor's books, records, and accounts by the Agency, the Secretary of Housing and Urban Development, and the Secretary of Labor for purposes and investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the Contractor's noncompliance with the nondis- crimination clauses of this contract or with any of such rules, reguations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Govern- ment contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The contractor will include the provisions of Paragraphs (a) through (g) of this Section in every subcontract or purchase order unless exempted by Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any construction contract:, subcontract, or purchase order as the Agency or -the Department. of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Agency or the Department of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interests of the United States." For the purpose of including such provisions in any construction contract or purchase order, as required by this Section 2, the term "Public Body" and the term "Contractor" may be changed to reflect appropriately the name or designation of the parties to such contract or purchase order. Sec. 3. Notice. A notice of communication under the Agreement by either party to the other shall be sufficiently given or delivered if dispatched by registered mail, postage prepaid, return receipt requested, and (a) In the case of a notice or communication to the Public Body, is addressed as follows: r:+., mnnn,or rtr., w. ii air, T-­ n„­1 , 4 I MAR 2 F in Fi .0"` 1" (b) In the case of a notice or communication to the Agency, is addressed as follows: Urban Renewal Agency, 1114 loth Street, Lubbock, Texas Attention Mr. H. 0. Alderson or is addressed in such other way in respect to either party as that party may, from time to time, designate in writing dispatched as provided in this Section. Sec. 4. Agreement Survives Conveyance. None of the provisions of the Agreement is intended to or shall be merged by reason of any deed transferring title to the Property from the Agency to the Public Body or any successor in interest, and any such deed shall not be deemed to affect or impair the pro- visions and covenants of this Agreement. Sec. 5. Counterparts. The Agreement is executed in counter- parts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. I-N WITNESS WHEREOF, the Agency has caused the Agreement to be duly executed in its behalf and its sea] to be hereunto affixed and attested; and the Public Body has cuased the same to be duly executed in its behalf, on or as of the day and year first above written. CITY OF LUBBOCK BY: /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM AND LEGALITY: /s/ Fred 0. Senter, Jr., City Attorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK ATTEST: BY: Chairman of the Board Secretary 75-34-149-313 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (23) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize $17,000 from unappropriated general fund balance for the purchase of two parcels of land out of Block 8 and Block 24, Original Town. 75-34-149-314 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (25) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following 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, AMENDMENT NO. 1 to GRANT AGREEMENT CONTRACT NO. DOT-FA-71-SW-1110 between the CITY OF LUBBOCK and the UNITED STATES OF AMERICA, acting through the FAA, for a Fire and Rescue Building at the Lubbock Regional Air Terminal, 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 27th day of March, 1975. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Contract No. DOT FA 71 SW-1110 Lubbock Regional Airport Lubbock, Texas AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. 8-48-0138-01 WHEREAS, the Federal Aviation Administration, successor to the Federal Avia- tion Agency (hereinafter called FAA) has determined it to be in the interest of the United States of America that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the City of Lubbock, Texas, (hereinafter called Sponsor), accepted by said Sponsor on the 23rd day of June 1971, relating to the Lubbock Regional Airport, Lubbock, Texas, Project No. 8-48-0138-01, be amended as hereinafter provided. NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the United States of America on the one part, and the Sponsor, on the other part, do hereby mutually agree that the said Grant Agreement shall be and hereby is amended as follows: 50 R 2 7 1975 5-34-150-315 (26 I. By revising the description of the project as set forth in the second para- graph, page I of the Grant Agreement, to read as follows: Construct E/W taxiway, N/S taxiway, exit taxiway for N/S runway, general aviation access taxiway; reconstruct Taxiway F from apron to E/W runway, Taxiway G, Taxiway C, and a portion of Taxiway A; appropriate marking of new and reconstructed taxiways; light E/W taxiway, Taxiway G, N/S taxiway, and a portion of Taxiways A,C, and F, and exit taxiway for N/S runway; rehabilitate high intensity lighting system on N/S runway; construct service road to general aviation area; construct 6-bay crash -rescue equipment facility. IN WITNESS WHEREOF, the parties hereto Grant Agreement to be duly executed as ATTEST: have caused thi Amendment to said of this 27th day of March, 1975. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION BY: /s/ Bill J. Howard Chief, Albuquerque Airports Dist Office CITY OF LUBBOCK BY: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer The following bids were received for landscaping and irrigation system for the new terminal building at the Lubbock Regional Airport. CITY OF LUBBOCK, TEXAS TABULATION OF BIDS BID DATE: MARCH 18, 1975, 2:00 P.M. LUBBOCK REGIONAL AIRPORT LANDSCAPING & IRRIGATION SYSTEM ADAP PROJECT NO. 8-48-0138-02 CONTRACT NO. 3 BIDDER PROPOSAL A PROPOSAL B TOTAL BID Goodyear Sprinkler Systems 4421 Brownfield Highway Lubbock, Texas 79410 97,001.96 3,038.19 100,040.15 Tom's Tree Place 5104 34th Street Lubbock, Texas 79415 97,286.84 3,691.54 100,978.38 Holden -Dodson Nursery, Inc. 5930 South Avenue Q Lubbock, Texas 79412 100,433.23 4,001.63 104,434.86 Dodson & Dodson Landscaping 1519 37th Street Lubbock, Texas 79412 104,272.29 2,949.13 107,221.42 Exterior Designing, Inc. Spring Lake Farms Hoagland, Indiana 46745 105,147.47 3,553.35 108,700.82 Lew Hammer, Inc. 2385 South Lipan Street Denver, Colorado 80223 119,631.00 3,927.00 123,558.00 Holloway Contracting Company P.O. Box 2766 Lubbock, Texas 79408 126,528.64 5,321.30 131,849.94 Engineer's Estimate 112,07 .00 4,129.00 it ,205.00 After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Goodyear Sprinkler Systems and that the following resolution be passed authorizing the Mayor to execute an agreement between the City of Lubbock and Goodyear Sprinkler Systems. 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 GOODYEAR SPRINKLER SYSTEMS covering landscap- ing and irrigation systems around the new air terminal complex, attached here- with 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 Re- solutio'n -as if fully copied herein in detail. 0 Ell 151 MAR 2 " 197E t go eft r 75-34-151-316 (27) 75-34-151-317 (28) 75-34-151-318 (29) ,I 75-34-151-319 (30) 1S Passed by the City Council this 27th day of March, 5. 1s7ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Copy of Agreement set in on opposite page. Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed authorizing the Mayor to execute Change Order No. 1 to contract between the City of Lub- bock and Vecta Groups, Inc., covering Public Seating at the new air terminal building. 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 Change Order No. 1 to Contract between CITY OF LUBBOCK and VECTA GROUP, INC., covering Public Seating at new air terminal building, attached herewith which shall upon of thisaCOUNCILtshallhe nconstituteutes f eand Ubela part aofsthid be spred upon this Resolution the Minutes as if fully copied herein in detail. Passed by the City Council this 27th day of March,1975.BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Copy of -Change Order set in opposite page. The City Council considered the request of H.E. Whitney for deletion of a new median in the vicinity of 50th Street and Avenue C. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Henry and Campbell voting Yea, Councilwoman'Jordan voting Nay to deny this request. The City Council considered the claim of Mrs. R.D. Williams in the amount of $15.00 for damage to her gas meter in connection with paving of alley. After consideration of all information presented, motion was made by Council- Council- men Campbell, seconded by Councilman West, motion carried, Mayor Bass, men West, Jordan, Henry and Campbell voting Yea, none voting Nay to deny this claim. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the folloSOLUTIONing solution be passed. WHEREAS, the City of Lubbock and its employees constitute the third largest membership among the two hundred and eighty eight (288) participating cities in the Texas Municipal Retirement System, and, WHEREAS, the Lubbock City Council recognizes that the heretofore practice of limiting the maximum amount of salary on which contributions into the member's accumulated service credit fund by the employee, and that set aside by the City to match this contribution, has had the effect ofdiscriminating against the longer -service employeesnow coming gtto effects retire- ment age, and that this condition has been further aggravated of -spiraling inflation in recent years, and, WHEREAS, the "money -purchase" benefit formula used by TMRS provides each participating city of the System the vehicle to pay for retirement benefits according to what each city conceives its financial ability to be, and, WHEREAS, Senate Bill 432-and House Bill 1195, proposed before the Sixty- fourth Texas Legislature, will provide options to the participating members city mem l to remedy these conditions; and further, that tsno esseactuarialstudiesrmeveal under this Act to adopt the increased that the particular city has the ability to amortize the cost of all retirement benefits it undertakes under this Act within a period of twenty-five years, and, WHEREAS, Senate Bill 432 and House Bill 1195 propose certain other pro- visions believed by the Lubbock City Council to be beneficial options to participating members, 152 75-34-152-320 (31) 75-34-152-321 (32) 75-34-152-322 (33) 75-34-152-323 (34) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK- THAT the City Council of the City of Lubbock endorses Senate Bill 432 and House Bill 1195 and urges the passage of this Act by the Sixty-fourth Texas Legislature. Passed this 27th day of March, 1975, by vote of the Lubbock City Council, 5 voting YEA, and 0 voting NAY. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney The following bids were received for the purchase of cable and steel wire for warehouse stock, being Bid No. 3320. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Fields and Company for the purchase of Item I and accept the bid of Westinghouse Electric Supply Company for the purchase of Item 2. The following bids were received for the purchase of submersible pumps and motors for the Water Department, being Bid No. 3325. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Pioneer Pumps, Inc., for the purchase of submersible pumps and motors for the Water Department. The following bids were received for the purchase of playground equipment for the Park Department, being Bid No. 3336. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Vaughan and Associates, Dallas, for the purchase of Items 1-14; and, accept the bid of Wally Hjalmquist, El Paso, for the purchase of Item 15. The following bids were received for the purchase of P.V.C. water pipe and fittings for the Engineering Department, Sand Hill Well Field, being Bid No. 3337• Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Gifford -Hill Company, Inc., for the purchase of P.V.C. water pipe and fittings for the Engineering Department, Sand Hills Well Field. 75-34-152-324 (35) Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Howard Yandell to the Tax Board of Equalization to replace Allan Rosen who resigned. This term expires December 31, 1975. 75-34-152-325 (36) Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Mrs. Ann Williams and Jim Ratliff to the Planning and Zoning Commission to fill the unexpired terms of Jean Jenkins and Donald L. Giese who resigned. Mrs. Williams' term will expire November 16, 1977 and Mr.. Ratliff's term will expire November 16, 1975. 75-34-152-326 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion (37 carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Mrs. Eleanor Malouf and Jaime Garcia to the Urban Renewal Agency to replace C.L. Boggs and Mrs. Alma Range], both of whom have resigned. These terms expire November 26, 1975. e� MAR 2 I l E NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL JOURNED FROM REGULAR MEETING March 27, 5. 1 &IS ROY BA S, MAYOR ATTEST: r, Treva Phillips, y1ty Secretary-Treasurer READ AND APPROV D THIS THE '/, Iwo ROY BA MAYOR ATTEST: Treva Phillips, ity Secretary -Treasurer