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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/22/197610 REGULAR CITY COUNCIL MEETING: JANUARY 22, 1976 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, Council- man Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 76-35-10-36 The invocation was given by Councilman Alan Henry. (1 ) 76-35-10-37 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 76-35-10-38 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (3) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held January 8, 1976. 76-35-10--39 Derry D. Harding appeared before the City Council requesting traffic control devices near Parsons (6) School. Bill McDaniel, Director of Traffic, also appeared in regard to this item. After considera- tion of all information presented, motion was made by Councilman Campbell, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that school flashing lights be installed on 58th Street, and signs be placed on Elgin Avenue, indicating 20 mph during school hours, to be paid for out of future revenue sharing funds, as soon as possible. 76-35-lo-4o Harold Humphries, Chairman of the Civic Centers Board, appeared before the City Council and pre- (7) sented the following recommendations of the Board concerning civic center rates: RENTAL RATES FOR LUBBOCK MEMORIAL CIVIC CENTER FOR CONVENTIONS, NON -CHARGING EXHIBITS AND TRADESHOWS: EXHIBIT HALL $500.00/ Day $100.00/ Hour up to $500.00 Max. THEATER $300.00/Day $ 75.00/Hour up to $300.00 Max. BANQUET HALL $300.00/day $100.00/hour up to $300.00 Max. MEETING ROOMS CAPACITY 75 $ 15.00/day $ 5.00/hour up to $15.00 Max. CAPACITY 100 $ 20.00/day $ 5.00/hour up to $20.00 Max. CAPACITY 150 $ 30.00/day $ 7.50/hour up to $30.00 Max. CAPACITY 200 $ 40.00/day $ 10.00/hour up to $40.00 Max. CAPACITY 250 $ 50.00/day $ 12.50/hour up to $50.00 Max. ALL FOUR MAIN FACILITIES NOT TO EXCEED $1,000.00/DAY HOSPITALITY SUITE $ 50.00/day $ 12.50/hour up to $50.00 Max. VIP ROOM & ROOF GARDEN $ 75.00/day $ 15.00/hour up to $75.00 Max. AFFAIRS IN CENTRAL PLAZA, EAST TERRACE, SOUTHEAST PARK, PEDESTRIAN MALL AND MEZZININE: NEGOTIABLE NO CHARGE FOR OFFICES E150, E 156 & E157 OR FOR REGISTRATION ON MALL OR MEZZININE. MOVE -INS, MOVE -OUTS AND REHEARSALS FOR ORGANIZATIONS USING THE FACILITY FOR THREE DAYS OR LONGER WILL NOT BE CHARGED FOR ONE DAY OF MOVE -IN AND ONE DAY OF MOVE -OUT OR ONE DAY OF REHEARSAL IN THE EXHIBIT HALL. COMMERCIAL RATES ONLY: EXHIBIT HALL $750.00 PER EIGHT HOUR PERIOD OR PART THEREOF OR 10 OF THE GROSS WHICHEVER IS GREATER THEATER $450.00 PER EIGHT HOUR PERIOD OR PART THEREOF OR 10 OF THE GROSS WHICHEVER IS GREATER BANQUET HALL $450.00 PER EIGHT HOUR PERIOD OR PART THEREOF OR 10% OF THE GROSS WHICHEVER IS GREATER JAN 2 2 1� r MEETING ROOMS CAPACITY 75 $ 30.00 PER EIGHT HOUR PERIOD OR PART THEREOF OR 10% OF THE GROSS WHICHEVER IS GREATER. CAPACITY 100 $ 40.00 PER EIGHT HOUR PERIOD OR PART THEREOF OR 10% OF THE GROSS WHICHEVER IS GREATER CAPACITY 150 $60.00 PER EIGHT HOUR PERIOD OR PART THEREOF OR 10% OF THE GROSS WHICHEVER IS GREATER CAPACITY 200 $ 80.00 PER EIGHT HOUR PERIOD OR PART THEREOF OR 10% OF THE GROSS WHICHEVER IS GREATER CAPACITY 250 $100.00 PER EIGHT HOUR PERIOD OR PART THEREOF OR 10% OF THE GROSS WHICHEVER IS GREATER NOTE: FOR COMMERCIAL PURPOSES EIGHT HOUR PERIODS BEGIN AT 7 OR 8 A.M. AND AT 3 OR 4 P.I LOCAL NON-PROFIT ORGANIZATIONS FOR AFFAIRS OTHER THAN CONVENTIONS: IF BOOKED MORE THAN SIX MONTHS IN ADVANCE, THE COMMERCIAL RATE WILL APPLY WITHOUT THE PERCENTAGE. IF BOOKED LESS THAN SIX MONTHS IN ADVANCE, THE CONVENTION RATE WILL APPLY IF BOOKED SUBJECT TO CHANGE OF DATE OR FACILITY UP TO WITHIN TWO MONTHS OF THE EVENT FIFTY PERCENT OF THE CONVENTION RATE WILL APPLY. EXHIBITS AND TRADE SHOWS CHARGING ADMISSION: COMMERCIAL RATES APPLY OTHER CHARGES: MOVE -INS, MOVE -OUTS, REHEARSALS: EXHIBIT HALL, $100.00/DAY OR PART THEREOF THEATER, $75.00/DAY OR PART THEREOF. BANQUET HALL, $75.00/DAY OR PART THEREOF. MEETING ROOMS, HALF OF RENTAL RATE PER DAY OR PART THEREOF FORK LIFT RENTAL $15.00/HOUR PLUS OPERATOR FEE TRUCK RENTAL $15.00/ HOUR PLUS OPERATOR FEE CHAIRS $ 0.20 EACH TABLES $ 0.20 EACH CHAIRS WITH TABLET ARMS $ 0.25 EACH COPY MACHINE $ 0.10 PER COPY PROJECTORS $ 5.00 PER DAY OR PART THEREOF SALES OF ITEMS WITHIN THE FACILITIES: NEGOTIABLE After consideration of all information presented, motion was made by Councilman Campbell, seconde, by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to adopt the rates as recommended by the Civic Centers Board. 76-35-11-41 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council with (8) the Board's recommendation to change the name of Bill Miller Park to Bill and Ann Miller Park. After consideration of all information presented, 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 approve this recommendation and change the name of this pa rk . 76-35-11-42 Arnold Maeker appeared before the City Council to request a variance to the Building Code for (9) Trinity Baptist Church. Mr. Maeker requested the following items: 1. Use of battery units for illumination of means of egress in the event of power outage. 2. Use of early warning system with interlock to air handling equipment and Lubbock Fire Department in lieu of solid core doors at corridors and routing of return air other than in the corridors. After consideration of all information presented, motion was made by Councilman Campbell, seconde by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to grant this request for a variance to the Building Code. L 76-35-11-43 Jack Powers, Chairman of the Electric Utility Board, appeared before the City Council and pre- p (10) sented the Board's recommendations on an amendment to the power plant fuel gas contract and reported on the status of interconnect negotiations. Boiler fuel for Lubbock Power and Light, as well as fuel for other municipal uses was discussed. Consideration was given to terms of the contract with Pioneer Natural Gas Company. Fred 0. Senter, Jr., City Attorney, stated it was his opinion that the language of the contract should not be changed, as long as the City has the assurance it will be billed as it has been in the past. In answer to a question by Councilwoman Jordan, Bill Wood, Director of Utilities, stated that on other municipal uses, if they were billed individually, on the general service rate, it would cost the City about $25,000 a year more than it would under the power plant contract because on each facility they would have to pick up the low end of the rate structure which is considerably higher; by adding them all together and billing by lump sum, it makes the price lower. �N 2 2 1976 Harry Walden, on behalf of Pioneer Natural Gas Company, stated his company's intent was to continue the service as in the past, and to bill it as it has been done in the past. Councilman Campbell raised the question that should the City decide to go back later to the Rail- road Commission and ask for exceptions to the ruling to apply to the Civic Center and the Airport, if the gas company would still bill the City on one gross amount even though they have separate contracts. Larry Shortes of Pioneer Natural Gas Company stated the gas company would consider this another account with the City, and pool them in with their normal billing. After considerable discussion, Councilman Campbell made the following motion: "Because this contract for natural gas for Lubbock Power and Light needs to be settled before January 1, 1976, and because we need to have this contract before the hearing at the Railroad Commission sometime in the middle of February, and because we need this contract settled before we go for the bond rating agencies hearing in March, and for other pressing reasons, I move that we accept this contract, subject to exception being granted by Railroad Commission, and authorize the Mayor to sign the contract, by resolution." Councilman Henry seconded the motion. This motion carried by the following vote: Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay. In regard to the proposal of Southwestern Public Service Company concerning an interconnect, Mr. Powers stated that the company had offered a three part proposal; one contemplating the use of emergency power; one for economy power, and one for a firm power contract; and that the Electric Utility Board is in the process of reviewing these proposals. Councilwoman Jordan stated it would be helpful if the Electric Utility Board would furnish to the Council a written report of the gist of the offer from Southwestern Public Service Company in regard to the three part proposal. Mr. Powers agreed to prepare such a report for the Council. Fred Senter, Jr., City Attorney, made a statement clarifying the City's position in getting exception before the Railroad Commission. He reminded the Council that Joe Smith, Financial Advisor to the City, presented this problem to the Council at its last meeting. The City Attorney was instructed to proceed with the application to the Railroad Commission for the exception to its Order in Docket 600 on behalf of the City. He had learned, that as far as the City was concerned, it had no standing to make that application and explained that he had asked the Pioneer Natural Gas Company people to do that and that they had shown a very close cooperation by immediately filing the request seeking that exception. R FC(1i I IT I ON 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 PIONEER NATURAL GAS COMPANY, coverning NATURAL GAS to LUBBOCK POWER & LIGHT for BOILER FUEL, 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 22nd day of January, 1976. /s/ Roy Bass ROY BASS, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney AMENDMENT TO GAS SALES AGREEMENT THIS AGREEMENT made and entered into as of the 1st day of January, A.D. 1976, by and between PIONEER NATURAL GAS COMPANY, a division of Pioneer Corporation, a Texas corporation (hereinafter referred to as "Seller"), and CITY OF LUBBOCK, a municipal corporation (hereinafter referred to as "Buyer"); WHEREAS, Seller and Buyer have heretofore on the 2nd day of May, 1974 entered into an agree- ment relating to the purchase and sale of gas for use in Buyer's municipally owned power plants located in Lubbock County, Texas; and, WHEREAS, the parties desire to amend said Agreement; r" NOW THEREFORE, in consideration of the mutual covenants and agreements contained in the original Agreement and contained herein, and other and further valuable considerations, the parties do hereby mutually covenant and agree as follows: Sections 3 and 4 of Article I of said Agreement are hereby deleted in their entirety and the following Sections 3 and 4 are substituted in lieu thereof: ARTICLE I DEFINITIONS 13 ,Ali 2 197E and ending at 7:00 a.m, on the next succeeding January 1. In the event deliveries commence hereunder on a date other than January 1, the period of time from the date of first deliveries until the next following January 1 shall be considered as the first accounting year. In the event deliveries permanently cease on a date other than a January 1, the period of time from the January 1 immediately preceding the date of such delivery cessation shall be considered as the final accounting year. �. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of 60 degrees Fahrenheit and an absolute pressure of 14.65 pounds per square inch. II. Section 1 of Article 11 of said Agreement is hereby deleted in its entirety and the follow- ing Section 1 is substituted in lieu thereof: ARTICLE II i QUANTITY Section 1. Except as provided in Section 6 of Article VII hereof, Seller agrees to deliver to Buyer up to 36,000 Mcf/day. Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's obligation to take and receive from Seller shall be 6,000,000 Mcf during each Accounting Year,or if tendered to Buyer and not received, to nevertheless pay for such minimum volumes at the price then in effect; provided, however, if Buyer and Seller fail to agree on price as provided in Section 6 of Article VII, then Buyer's obligation to take and receive gas shall be reduced in the same proportion as Seller's obligation to deliver such gas as provided in said section. III. Sections 1, 2, 5, 6, 7 and 8 of Article VII are hereby deleted in their entirety and the following is substituted in lieu thereof: ARTICLE VII PRICE Section i. Commencing January 1, 1976 and continuing through the remaining term of this Agreement, Buyer shall pay Seller for gas delivered hereunder and measured as herein provided for a price equal to the sum of: (1) Seller's weighted average cost of purchased gas as defined in Section 5 of this Article VII, plus (2) an increment of fifteen cents (15c) per Mcf which increment shall increase one cent (l�) per Mcf on February 1, 1976 and shall increase an addi- tional one cent ()�) per Mcf each month thereafter for the next eight (8) months. Section 2. The prices as provided for in Section 1 of this Article VII shall be adjusted upward or downward three one -hundredths of one cent (3/100ths of 1�) per Mcf for each point that the Consumer Price Index, as published by the Bureau of Labor Statistics, is above or below 165.6 (such Index useing the 1967 base of 100). In the event the 1967 base of 100 used in deter- mining the Consumer Price Index is amended or supplemented, then the factors used in determining the price adjustment pursuant to this Section 2 shall be appropriately amended or supplemented. In the event the Consumer Price Index is terminated, then the parties shall adopt another method of price adjustment which is mutually agreeable to both parties. The Consumer Price Index for the purpose of this section shall be rounded off to the nearest whole number. It is agreed between the parties that the price adjustment pursuant to this Section 2 for the preceding month deliveries shall be based on the Consumer Price Index for the third preceding month. Section 5. For the purpose of this Agreement the term "weighted average cost of purchased gas" shall mean the average price per one thousand (1,000) cubic feet paid by Seiler for all gas purchased by Seller, for utilization in Seller's West Texas Transmission and Delaware Basin Divisions, computed to the nearest one -hundredth of one cent and shall be determined by dividing the total dollar amounts paid or accrued on Seller's books for all such gas purchased by Seller during the applicable billing month by the total number of Mcf of gas purchased by Seiler during such applicable billing month, adjusted to the same pressure base as gas sold hereunder and shal include in addition to the cost of gas itself: (1) Interest charged at the prime rate in effect on the first day of each month upon funds advanced for gas development or dedicated volumes base, upon the outstanding portion of such advancements; (2) Amortization over a five-year period of advances for gas supply development which is non -productive; and (3) Amounts expended which are accrued by Seller to parties other than Seller for the purchase, transportation, gathering, compressing, treating, or handling of gas, taxes attributable to the purchase or production of such gas and other similar actual amounts borne by Seller and paid or payable to parties other than Seller, but shall not include any charges attributable to Seller's amortization of its own facilities, Seller's overhead charges, Seller's direct labor or maintenance expense, or similar expenses of Seller; provided, however, if any gas purchased by Seller requires treating by Seller for the removal of hydrogen sulfide and/or organic sulfur and/or carbon dioxide and/or water vapor, Seller's total cost of treating such gas, including shrinkage, amortization of facilities, overhead charges, direct labor and maintenance expense, shall be added to the cost of such gas. Should Seller purchase gas for utilization in Seller's West Texas Transmission and Delaware Basin Divisions under a contract or contracts continaing a Btu adjustment clause, the volumes of gas purchased under such contract or contracts shall be adjusted in determining the total number of Mcf of gas purchased by Seller during such month for the purpose of this Section 5 of Article VII by multiplying the volumes of gas purchased under any such contract by a fraction, the numerator of which is the average Btu per thousand cubic feet of gas purchased under such contract and the denominator of which is 1,000. if any portion of the cost of gas or of any taxes which have been paid by Seller is refunded to Seller, or if Seller is required by tha tarmc of anv mac niirr.haae contract. or of anv aareed settlement of a disputed claim, or by M AN Z 1916 a determination or judgment of a regulatory body or court having or asserting jurisdiction, to make retroactive payments with respect to gas previously purchased by Seiler then appropriate adjust- ments to compensate therefor shall be made in the price payable for gas delivered by Seller to Buyer hereunder as soon as practicable after the time of such cancellation, refund or retroactive payment, provided, that the period during which such adjustments are to be made shall be determined by Seller subject only to the condition that the same shall be made within a reasonable period of time, taking into consideration the total amount of any such cancellation, refund or retroactive payment, but no adjustments as provided for herein shall be made after this Agreement has termi- nated except with respect to items cancelled, refunded or paid prior to the date of such termina- tion, nor shall any adjustments as provided for herein be made with respect to any gas purchasedI by Seller prior to the first delivery of gas to Buyer hereunder. Nothing contained in this Agreement shall prevent Seller from entering into any amendment, modification, renewal, extension or replacement of any existing or future gas purchase contract or contracts between Seller and any of its gas suppliers. Section 6. It is the intention of the parties that so long as Buyer requires gas supplies for Buyer's municipal power plants which may be satisfied in whole or in part by Seller upon terms and conditions acceptable to both parties, the parties shall endeavor to reach agreement to con- tinue the contract so that it will have a termination date five years from each January 1. To that end, the parties will meet within 180 days prior to each January 1, the first such meeting to take place during the 180 day period prior to January 1, 1977, in order to meet and determine whether or not the contract is to be continued and the terms of any such continuation. In the event that the parties reach agreement, then such contract shall be deemed to be continued for a five-year term commencing the succeeding January 1 and Seller will deliver the volumes for such five-year period as set forth in Article II. In the event that the parties do not agree upon such continuation, then the contract shall be deemed to continue for the five-year period commencing from the succeeding January 1. By way of example, and without expanding or limiting the above and foregoing, the parties shall meet within 180 days prior to January 1, 1977. If, during that period the parties agree that Buyer shall require the volumes set forth in Article 11 which Seller can deliver and the terms of any such delivery, then the deliveries under the contract shall continue for a period of five years commencing January 1, 1977 at the volumes set forth in Section 1 of said Article II. In the event the parties do not agree, then the contract shall expire at the end of five years commencing January 1, 1977 and Seller shall deliver up to 36,000 Mcf per day for the accounting years 1977, 1978, and 1979, 24,000 Mcf per day for the accounting year 1980 and 12,000 Mcf per day for the accounting year 1981. Section 7. In addition to the price to be paid for gas delivered hereunder Buyer agrees to pay Seller an amount equal to all of any increased,additional or new production, severance, gathe- ring, processing, transmission, sales or delivery taxes in excess of or in addition to those in existence on January 1, 1975 which are levied upon or attributable to all or any portion of such gas, the value thereof or the processing or handling thereof before the delivery of such gas to Buyer or in connection with such delivery. All taxes levied on such gas after delivery shall be paid by Buyer. Applicable rulings or orders of governmental representatives in charge of the administration of any law or ordinance increasing or creating any such tax shall be binding and conclusive upon Buyer until such time as the invalidity thereof has been finally established by the decision of a court of competent jurisdiction. Buyer shall be entitled to reimbursement from Seller to the extent of any payments made by it to Seller pursuant to this Article VIl which may subsequently be refunded to Seller by the taxing authority. Buyer shall not be obligated to reimburse Seller for any ad valorem taxes on properties or for taxes which are based upon or measured by the natural gasoline or other liquefied hydrocarbon content extracted from the gas before delivery to Buyer or for any taxes which are included in the computation of Seller's weighted average cost of purchased gas pursuant to Section 5 of this Article VII. Section 8. For the purpose of billing will use its usual calculations in Seller's gas, as defined in Section 5 of this Article period and nothing herein shall be construed and accounting for gas delivered hereunder, Seller 11 determination of the weighted average cost of purchased VII, of gas purchased by Seller during any applicable so as to require Seller to change such procedure. IV. Article XVI is hereby deleted in its entirety and the following is substituted in lieu thereof: ARTICLE XVI DURATION OF AGREEMENT Section 1. This Agreement shall be effective as of the date hereof and shall continue and remain in full force and effect until and including December 31, 1981, and from year to year thereafter as the parties may agree as provided in Section 6 of Article VI hereof. V. Article XX is hereby deleted in its entirety and the following is substituted in lieu thereof: ARTICLE XX GOVERNMENTAL REGULATIONS Section 1. This Agreement is made subject to all present and future valid laws of the State of Texas and the United States, and regulations or orders of duly constituted governmental authorities having or asserting jurisdiction which are applicable to the subject matter hereof and effective from time to time. In the event any such authority shall establish a price at the point of delivery provided herein, or a point related to a point of delivery, different from the price applicable pursuant to this contract, then the price as provided herein shall be adjusted as required in view of such established price. �t Jr-iiV G � I�1 w, VI. This Amendatory Agreement shall be a binding agreement as of the date hereof but the amendatory provisions contained herein shall not become operative or effective until January 1, 1976. Any portion of any other article or Amendatory Agreement in conflict with the provisions hereof shall be deleted or amended so as to be in agreement herewith. Except as hereby amended the original Agreement dated the 2nd day of May, 1974, shall continL in force and effect in accordance with its terms. EXECUTED as of the 22nd day of January, 1976. ATTEST: Assistant Secretary PIONEER NATURAL GAS COMPANY a division of PIONEER CORPORATION By Harry H. Walden, Vice President CITY OF LUBBOCK ATTEST: BY ITS Mayor Secretary 66-35-15-44 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (11) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7191 on second reading. ORDINANCE NO. 7191 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING EAST -WEST ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 12, BLOCK 14, WESTGATE DRIVE ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 470 THRU 481, MELONIE PARK ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 9, BLOCK 1, SUNSET PLACE ADDITION AND LOTS 1 THRU 10, LOMA LINDA PLACE ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 7, WHITE OAKS ADDITION AND LOTS 136 THRU 141, SOUTHGATE ADDITION AND LOT 1, PIONEER PARK CHURCH OF CHRIST AND LOTS 8 THRU 13, WHITE OAKS ADDITION; THE EAST -WEST ALLEY ABUT- TING LOTS 144 THRU 161, BLOCK 28, MYRTLE SLATON ADDITION NUMBER FOUR; THE EAST -WEST ALLEY ABUTTIN( LOTS 80 THRU 94, BLOCK 26, MYRTLE SLATON ADDITION NUMBER FOUR; THE EAST -WEST ALLEY ABUTTING LOTS I THRU 6, BLOCK 16B, ELLWOOD PLACE ADDITION AND LOTS 1 THRU 4A, BLOCK 5, WEBB ADDITION AND LOTS lA THRU 8, BLOCK 6, WEBB ADDITION AND LOTS 1 THRU 10, BLOCK 1, MAXEY PLACE ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 10, ROTHWEBB ADDITION AND LOT 1, TELEPHONE ADDITION AND INCLUDING A PORTION OF THE FOLLOWING STREETS; 67TH STREET, HARVARD STREET AND INCLUDING CONCRETE RAILROAD CROSSINGS ON THE FOLLOWING STREETS: TEXAS AVENUE AT 27TH STREET, 15TH STREET BETWEEN AVENUE H AND AVENUE G, 16TH STREET BETWEEN AVENUE H AND AVENUE G, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK, ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY THE CITY COUNCIL) 76-35-15-45 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6963 on second and final reading. ORDINANCE NO. 6963 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: ALL OF THE 15.00 FOOT EAST -WEST ALLEY IN BLOCK 1, SUNSET ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-5-15-46 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RFSnl IIT I nN 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 QUITCLAIM DEED in favor of SUNSET CHURCH OF CHRIST OF LUBBOCK, a non-profit Texas Corporation and Religious Body, 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 22nd day of January, 1976. /s/ Roy Bass ROY BASS, MAYOR ATTEST : /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer is 122 1976 76-35-16-47 (14) 76-35-16-48 (15) APPROVED AS TO FORM: /s/ Fred Q Senter, Jr. Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by SUNSET CHURCH OF CHRIST OF LUBBOCK, a Texas non-profit Corpora- tion and Religious Body, said Church being the successor of an unincorporated Religious Associa- tion known as the 34th Street Church of Christ, who originally were among the Dedicators of the alley hereinafter described by instrument recorded on November 2, 1950 at Volume 419, Pages 635 through 642 (inclusive) of the Deed Records of Lubbock County, Texas, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: ALL of the 15.00 foot East-West alley in Block 1, Sunset Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, their heirs, or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this 22nd day of January, 1976. /s/ Roy Bass ROY BASS, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney PUBLIC NOTICE - COMMUNITY DEVELOPMENT PROGRAM On January 21, 1976, at 10:00 a.m. and on January 22, 1976, at 11:00 a.m. in the Council Chamber of the Municipal Building, the City Council of the City of Lubbock will hold public hearings in regard to a proposed amendment of the Community Development Act of 1974. Citizens are invited to attend to express their views concerning the following possible change(s) to the list of projects approved for the City's 1976 Community Development Program: (a) deletion of the Parkway and Zenith signalization project; (b) addition of the Clover Gardens rehabilitation project, estimated cost $140,602 (c) addition of the North Quirt Avenue lighting and landscaping project, estimated cost $70,000 (d) addition of the Avenue Q lighting and signalization project, estimated cost $60,000. In accordance with the above Notice of Public Hearing, hearing was held on proposed changes to the 1975 Community Development Program. Jim Bertram, Director of Planning, appeared before the City Council and discussed proposed changes to the 1975 Community Development Program, and showed maps of the areas. Mayor Bass called for those who wished to speak to come forward. No one appeared; whereupon, Mayor Bass declared the hearing closed. 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 that the following resolution be passed. RESOLUTION A RESOLUTION AUTHORIZING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Title I of the Housing and Community Development Act of 1974 specifies the condi- tions under which a recipient of Community Development Block Grant Funds may amend its application for funds; and WHEREAS, the City of Lubbock finds it necessary to amend its application for Block Grant funds in order to undertake a project which was not included in the City's approved Community Development Program application; NOW THEREFORE: 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 to execute for and on behalf of the City of Lubbock an amendment to the Community Development Block Grant Program 1i JAN 2 2 1976 approved by the Department of Housing and Urban Development (HUD) on May 30, 1975; THAT, such amendment shall consist of the addition to the approved Community Development Program of the following project(s): Clover Gardens Rehabilitation Project Avenue Q Lighting and Signalization Project THAT, such amendment shall also consist of the deletion from the approved Community Develop- ment Program of the following project(s): Traffic Control Signals - intersection of Parkway Drive and Zenith Avenue THAT, in relation to the amendment to the application, the City of Lubbock hereby reaffirms its assurance of compliance with all regulations as contained in the original application for Block Grant funds approved by HUD on May 30, 1975. Passed by the City Council this 22nd day of January, 1976. /s/ Roy Bass ROY BASS, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, C i ty Secretary -Treasurer 76-35-17-49 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (16) 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 for and on behalf of the City of Lubbock, an Amendment to a Contract entered into by and between said City and the Lubbock County Historical Survey Committee and Principal Investigators, William C. Griggs and James W. Kitchen, each individually and as agents for said Committee, 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 22nd day of January, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary --Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney AMENDMENT TO CONTRACT THE STATE OF TEXAS COUNTY OF LUBBOCK X WHEREAS, the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality, hereinafter called "CITY" and the LUBBOCK COUNTY HISTORICAL SURVEY COMMITTEE, entered into a CONTRACT entitled "A PICTORIAL HISTORY OF LUBBOCK", said COMMITTEE being joined therein individually by WILLIAM C GRIGGS and JAMES W. KITCHEN, as PRINCIPAL INVESTIGATORS, said COMMITTEE and INVESTIGATORS being hereinafter collectively called "CONTRACTOR", said CONTRACT being dated July 10, 1975, for professional or technical services to be performed by CONTRACTOR for CITY pursuant to the DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES GOVERNMENT PROGRAM PROJECTS contributing to the celebration of the 1976 BICENTENNIAL of the UNITED STATES; and, WHEREAS, it is the mutual desire of the CITY and CONTRACTOR to amend said CONTRACT to extend the time for performance thereof, and to increase the amount of compensation to be paid by CITY to CONTRACTOR for services performed by CONTRACTOR pursuant to said CONTRACT; NOW THEREFORE THE PARTIES HEREBY AMEND SAID CONTRACT AS FOLLOWS: This AMENDMENT to said CONTRACT is entered into as of the 22nd day of January, 1976, and amends same as follows: I. In Section 4 of said CONTRACT the words: "within 184 consecutive calendar days from the date of this contract" BE AMENDED TO READ AS FOLLOWS: "on or before April 30, 1976". AN 2 2 1976 AND FIFTY CENTS ($9,609.50)" BE AMENDED TO READ AS FOLLOWS: "TWELVE THOUSAND FIFTY NINE AND 50/100 ($12,059.50) DOLLARS". Said CONTRACT remains the same except as hereby amended, and as hereby amended is hereby in respects ratified and condirmed. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT TO CONTRACT as of the date next -above written. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer LUBBOCK COUNTY HISTORICAL SURVEY COMMITTEE William C. Griggs, individually and as Agent of the Lubbock County Historical Survey Committee James W. Kitchen, individaully and as Agent of the Lubbock County Historical Survey Committee CITY OF LUBBOCK, TEXAS BY: /s/ Roy Bass ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 76-35-18-50 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (17) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolu- tion be passed. Henry Huneke, Chairman of the Parks and Recreation Board, recommended approval of this resolution. RFCnI IITinN 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 with the Texas State Department of Highways and Public Transportation relating to a monument site for 1976 Bicentennial of the United States of America and for historical significance purposes for said celebration and commemoration, 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 22nd day of January, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred O. Senter, Jr. Fred 0. Senter, Jr., City Attorney LAND USE PERMIT THE STATE OF TEXAS X X COUNTY OF LUBBOCK X /s/ Roy Bass ROY BASS, MAYOR This Permit Agreement is entered into as of the 22nd day of January, 1976, by and between the City of Lubbock, Texas, a Texas Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor hereunto duly authorized, hereinafter called "CITY", and the Texas State Department of Highways and Public Transportation (the Successor State Agency to the Texas Highway Department), acting by and through its undersigned District Engineer of the District having juris- diction over Lubbock County pursuant to written authorization from the State Office of said Department to accomplish the matters hereinafter set forth, hereinafter called "PERMITTEE", in consideration of the mutual covenants and agreements to be kept and performed by the parties hereto do hereby contract and agree as follows: The improvements herein contemplated are in connection with the 1976 Bicentennial of the United States of America. Permittee is granted the right of ingress, egress and regress for the purpose of constructing improvements upon land owned by the City, such improvements to be in the nature of an entry and exit road approximately twelve feet in width, pedestrian sidewalks, a parking lot for cars, picnic tables and monuments and/or commemorative signs or plaques setting forth and commemorating matters of historical significance pertinent to this area of Texas. Said imnre%waman*c cInn II k, .-r. 1r + 4 i-... D.,...;++... 7+ .... .. 1 ..--- -- �1_ nn J_.._ 1( ,BAN 2 2 1971 sm am W" +-P from the date of this Agreement at Permittee's expense estimated to be approximately $7,530.00. Said improvements shall be constructed in accordance with such lay -out design as submitted to City by Permittee and approved in advance of construction by the City's Director of Planning. Said improvements are to be made, constructed, and/or placed by Permittee in accordance with the approved lay -out design within the following described perimeter, being real estate described as follows: A tract of land located in Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point, said point being 447.6 feet, 565024' W of the intersection of the East section line of Section 18, Block A, with the North right-of-way line of Northwest Loop 289; THENCE South 380 32' E for a distance of 399.4 feet to a point; THENCE North 490 23' E for a distance of 268.7 feet to a point; THENCE North 390 45' W for a distance of 324.4 feet to a point on the right-of-way line of Northwest Loop 289; THENCE South 650 24' W for a distance of 270.2 feet along said right -of --way line to the PLACE OF BEGINNING. The monuments and/or commemorative signs or plaques placed on the above -described real estate by Permittee shall remain the property of Permittee subject to removal by Permittee at its expense, and shall be maintained by Permittee, and City shall not be responsible or liable to Permittee for any loss or damage as regards such monuments or signs or plaques as a result of theft, vandalism, or act of God or natural disaster. IV. All other improvements contemplated hereby (which are not mentioned in Section III hereof next -above set forth) after completion by Permittee shall become property of the City of Lubbock and shall be maintained by the City of Lubbock during the life of this agreement. V. This agreement may be cancelled at any time by City or Permittee upon 30 days written notice to the other of such cancellation by personal delivery thereof or by certified or registered United States Mail delivery, after which this agreement shall be cancelled. In the event of such cancellation, within 30 days after the date of cancellation Permittee shall remove (at its expense the monuments, signs, or plaques from the premises and shall restore the surface from which same are removed to normal condition. VI. This agreement shall be a continuing agreement in effect unless or until such time as same is cancelled by either or both parties hereto pursuant to Section V hereof. This shall be con- strued as a permit for use of land only, and shall in no wise be construed as a conveyance of an interest in land by City unto Permittee. This agreement is executed in duplicate, each duplicate being considered an original. WITNESS OUR HANDS AT LUBBOCK, TEXAS, this 22nd day of January, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK, TEXAS BY: /s/ Roy Bass ROY BASS, MAYOR TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION BY: GEORGE C. WALL, DISTRICT ENGINEER 7G-35-19-51 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (18) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7194 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 7194 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, or IT nnnA i Kirn RV TUF r 1Tv MINC i I OF THE CITY OF LUBBOCK: JAN 2 2 1976 76-35-20-52 (19) 76-35-20-53 (20) There is hereby appropriated out of the following described bond fund, to -wit: Canyon Lakes The sum $30,000 HUD Funds $30,000 Canyon Lake Bond Funds $ 0-,000 Total For the following purpose: HUD Park Improvements 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. 7195 on first reading. T�]J7I��i1<�P►i�T:i7W:1:I014 ORDINANCE NO. 7195 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: Canyon Lakes The sum $ 6,435.50 Canyon Lakes Bond Funds 6,435.50 BOR funds 12, 71.00 Total For the following purpose: An archaeological survey of the Canyon Lakes Project. Jay Ea #n and Joe McKay of Brashier, Goyette and Rapier, Architects, appeared before the City Council requesting the City Council to pass a resolution authorizing the Mayor to execute an amendment to the United Way Community Development Contract and Funding Agreement. After considera- tion of all information presented, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the project, including all the overruns and pass a resolution authorizing the Mayor to execute this amendment and authorize the funding be from First Year Community Development �I Contingency funds. PFcni IITinm 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 11 for and on behalf of the City of Lubbock an Amendment to the Community Development Funding Agree- 11 ment between the City of Lubbock and the United Way of Lubbock, Inc., attached herewith, which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 11 Passed by the City Council this 22nd day of January, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney FUNDING AGREEMENT AMENDMENT THE STATE OF TEXAS X COUNTY OF LUBBOCK X /s/ Roy Bass ROY BASS, MAYOR WHEREAS, the City of Lubbock and the United Way of Lubbock, Inc., heretofore entered into a Funding Agreement in conjunction with a Lease Agreement between the said parties for the construc- tion and operation of a Well Baby/Day Care Center; and WHEREAS, due to increased construction costs, the parties thereto desire to amend the Funding Agreement: WITNESSETH: The Funding Agreement entered into between the City of Lubbock and the United Way of Lubbock, Inc., which is a part of the Lease Agreement between said parties dated April 24, 1975, BE and is hereby amended as follows: The second paragraph of Section II of such agreement is amended by amending the amount of funds to be provided by the City to $231,158.00, reflecting an increase of $33,708.00. Executed this 22nd day of January, 1976. e_" it ATTEST: CITY OF LUBBOCK /s/ Roy Bass ROY BASS, MAYOR 21 r APPROVED AS TO FORM: /s/Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney UNITED WAY OF LUBBOCK, INC. ATTEST: Chairman 76-35-21-54 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry 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 Henningson, Durham & Richardson, covering a Feasibility Study of Energy Recovery From Solid Waste, 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 22nd day of January, 1976. /s/ Roy Bass _ ATTEST: ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK, TEXAS URBAN PLANNING ASSISTANCE PROGRAM CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES PART I AGREEMENT THIS AGREEMENT, entered into as of this 22nd day of January, 1976, by and between the City of Lubbock, Texas, hereinafter referred to as the "City", and Henningson, Durham and Richardson, Incorporated of Texas hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the City has, under date June 30, 1975, entered into a contract for a grant for preparation of a supplement to the Comprehensive Plan with the United States of America, providing financial aid to the City, under the Urban Planning Assistance Program authorized by Section 701 of the Housing Act of 1954, as amended to date, and WHEREAS, the government of the United States is requesting conservation of natural resources especially fuel and natural gas, and WHEREAS, the City desires a more economical and environmentally -acceptable alternative to landfilling, and WHEREAS, the desires to engage the Consultant to render certain technical advice and assis- tance in connection with constructing or adapting a plant to recover energy from solid waste; NOW THEREFORE, the parties do mutually agree as follows: Section 1: THE GENERAL OBJECTIVE OF THIS CONTRACT The general objective of this study is to investigate the feasibility of coverting munici- pal and industrial solid waste generated in the City of Lubbock to an energy source. i Section 2: WORK TO BE PERFORMED BY THE CONSULTANT TO ACHIEVE THE GENERAL OBJECTIVE OF THIS CONTRACT i The work which the consultant covenants and agrees to perform in order to achieve the general objective of this contract includes the following: A. Studies shall be directed specifically to the subject of the feasibility of converting solid waste to an energy source in the City of Lubbock. B. Solid waste may be converted to an energy source: 1. Through the use of this material by Lubbock Power and Light (L.P.&L.) of South- western Public Service (S.W.P.S.). 2. Through the sale of steam and/or chilled water. C. Resource recovery will be only of secondary consideration. 240 a N 2 2 1976 D. Standby fuel for operation shall be included in the study. E. General economics or philosophies of converting solid waste to an energy source shall not be included. F. Study shall include the cost estimate for construction of a plant. G. Study shall recommend potential customers for the end product. H. Include projected operating costs. I. Include projected subsidies. J. The report shall be of sufficient detail to provide the basis for financing, engineer- ing contracts for design, and construction of the project, if found to be economically feasible. K. Prepare a report describing the results of the above analysis. w L. Submit the report of the City in draft form for review and comment. M. After review by the City, and modification as necessary, bring the report and deliver ten (10) bound copies of the completed study to the City. Section 3: SCOPE OF SERVICES The Consultant agrees and convenants to pursue the following work program in regard to the areas of identification, inventory, and documentation to achieve the general objectives as outlined above: PROPOSED WORK PROGRAM Part I - Assemble Basic Predesi�n Data Task 1100 - Solid Waste Generation and Composition 1100 Obtain and review available City records of disposal operations currently being conducted in Lubbock for municipal and industrial solid waste to determine to the greatest extent possible the following: a. Incoming volume of waste b. Daily, weekly and seasonal variations C. Composition 1120 Obtain available data from reliable sources, such as other ongoing resource re- covery projects, and the consultant's files. The consultant will utilize this data to augment available local solid waste generation and compostion data. Note: Due to limited funding on this project, available data for volume and com- position of the incoming wastes will be used. If this data does not prove ade- quate for this study, the consultant would propose the following subtasks (1130, 1140, 1150) for surveillance and analysis to be performed under separate or sub- sequent services contracts: 1130 At a selected disposal site, conduct a seven-day surveillance to determine volume and general composition of incoming wastes and other pertinent design information. During the surveillance, weigh certain types of vehicles to determine approximate solid waste densities by vehicle type. 1140 In conjunction with Subtask 1130, conduct a solid waste sampling and analysis program to augment and surveillance data for specific constituents such as metals and combustible materials. Conduct lab tests on samples of the combustible frac- tion to determine BTU content and percentages of chlorine, sulphur, ash and moisture - all of which affect combustion of processed solid waste. 1150 Process surveillance and sampling data via available computer programs and inter- face with the data from Subtask 1110 to determine waste quantities and composition. Task 1200 - Market Analysis 1210 Interview Lubbock Power and Light, Southwestern Public Service Company, and identify other known and potential major customers for utilizing solid waste as an energy source. Ascertain the following from them. a. Quantity, quality and delivery conditions which would have to be met for marketa- bility. b. Present and alternative fuel sources and costs. c. Total annual demand and relevant demand fluctuations --prepare composite demands for potential users in local areas. d. On -Site space for required facilities. e. Alternatives for transporting energy or solid material from point of process- ing or conversion to customer's location. 23 JAN 2 2 1976 wh* f. Preliminary review of potential environmental concerns resulting from utilizing solid waste as an energy source. 1220 From reliable literature and research reports, and from on -site visits if warranted, evaluate recent and continuing technological developments for using solid waste as an energy source and determine their potential applicability to Lubbock and the resultant impact on the market for processed solid waste. 1230 As a secondary consideration and in accordance with the City's request for pro- posal, identify and investigate existing secondary materials markets in Lubbock and/ or on a national basis. a. Determine the extent and limitations of existing markets for each potentially recoverable component. b. Evaluate potential for expansion. C. Determine quantity, quality and delivery conditions which must be met for marketability. 1240 Review existing and proposed State and Federal legislation pertaining to energy and material recovery and evaluate its potential impact on the local situation. Part II - Conceptual Designs and Implementation Strategy Task 2100 - Conceptual Design 2110 From the basic generation and composition data and from the market analysis which was conducted, determine which method(s) of energy recovery may be feasible and which secondary materials, if any, should be recovered. 2120 Determine the necessary processing facilities, equipment, and site requirements which would be necessary to produce an acceptable commodity for the various potential markets. 2130 Develop alternative conceptual deisgns and preliminary cost estimates including capital, operating and maintenance costs for the required processing facilities. Task 2200 - Im lementation Strate 2210 To utilize and develop strategies for implementation of the compatable with the needs and desires and acceptable to the local citizens and officials. 2220 Investigate methods of financing the project including capital, operation and maintenance costs. Determine if suisdy of the system will be necessary; and, if so, recommend method of financial backup, such as: increased energy charge increased drop charge local taxes Task 2300 - Final Report 2310 Compile appropriate charts, graphs, tables and other information gathered during the study with the consultant's conclusions and recommendations into a comprehen- sive feasibility report. 2320 Review the feasibility report with the City's technical staff and elected officials. 2330 Incorporate review comments into a final report and present 10 copies to the City of Lubbock. Section 4: TIME OF PERFORMANCE The services of the Consultant are to commence upon the date first written above, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the objective of the contract, but in any event all of the services required hereunder shall be completed within 264 consecutive calendar days from the date of this contract. Section 5: COMPENSATION The consultant shall be compensated in an amount not to exceed twenty thousand dollars ($20,000.00) for services rendered under the terms of this contract. The consultant shall be compensated by the City in the following manner: The Consultant shall summit a requisition for payment, on or about the first of each month, for services rendered during the preceding month, and the City shall remit same payable to Henningson, Durham and Richardson. A. Payment requisitions shall be based on the Consultant's estimate of the percentage of work actually accomplished on each of the tasks outlined in the "Scope of Services". B. Ten percent of the total amount of payment requisitioned each month shall be retained by the City until such time as the City has received and accepted the final report submitted by the Consultant. Acceptance of said materials shall constitute completion of the services required hereinunder and all compensation shall become due. Section 6: TERMS AND CONDITIONS This agreement is subject to the incorporates the provisions attached hereto as Part II - Terms and Conditions. 24 BAN 2 2 1976 Section 7: SUCCESSORS AND ASSIGNMENTS The CITY and CONSULTANT, each binds himself, his partners, successors, executors, administrators, and assigns of the other party to this agreement, and to the partner, successors, executors, administrators, and assigns of such other party in respect of all covenants of this agreement. Neither the CITY nor the CONSULTANT shall assign, sublet or transfer his interest in the agree- ment, without the written consent of the other. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK By Ropy Bass Roy Bass, Mayor CONSULTANT - HENNINGSON, DURHAM, AND RICHARDSON, INCORPORATED OF TEXAS By_ RobertE. Hogan, P.E. Executive Vice -President PART II - TERMS AND CONDITIONS A. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the City there- upon shall have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effec- tive date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this contract shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation. In the event the City elects to terminate this program and so notifies the Department of Housing and Urban Development, or in the event the Department of Housing and Urban Development terminates this program and withdraws Grant Funds or in the event that all allocated Grant Funds are expended, then upon the happening of any of the above, this contract shall terminate with the Contractor entitled to payment for services to such date or to the extent of available Grant Funds. Written notice of any such termination shall be given by the City to the Contractor by mailing such notice to Henningson, Durham and Richardson. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virture of any breach of the Contract by the Contractor and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may terminate this Contract any time by a notice in writing from the City to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid in accordance with Part 1, Contract for Professional or Technical Services, Section 5, Compensation. C. Changes. The City may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to this Contract. D. Personnel. I. The Contractor represents that he has, or will secure at his own expense, all per- sonnel required in performing the services under this Contract. Such personnel shall not be em- ployees of or have any contractual relationship with the City. 2. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. 3. No person who is serving sentence in a penal or correctional institution shall be employed or work under this Contract. E. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and techni- cians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act of June 13, 1934, (458 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of sub- contractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. F. Withholding of Salaries. If, in the performance of this Contract, there is any under- payment of salaries by the contractor or by any subcontractor thereunder, the City shall withhold from the Contractor out of payments due to him an amount sufficient to pay to employees under- paid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the City for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 25 ,BAN 2 2 1976 G. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians engineers, and technicians perofmming work under this Contract shall be promptly reported in writing by the Contractor to the City for the latter's decision which shall be final with respect thereto. H. Equal Employment 02portunity. During the performance of this Contract, the Contractor agrees as follows: 1. The Contractor shall comply with the requirments of Section 3 of the Housing and Urban Development Act of 1968, Executive order 11246 and Section 135.70 of the Federal Register, Vol. 38, October 23, 1973, as regards the Contractor's Affirmative Action Plan and utilization goal. H.U.D., the Comptroller General of the United States, or any of their duly authorized representa- tives shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to a specific grant program for the purpose of making audit, examination, excerpts, and transcriptions. 2. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, 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 appreticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employement, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. 3. 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 consideration for employment without regard to race, color, religion, sex, or national origin. 4. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontrac- tor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. I. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be dischared or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable here- under to his employer. J. Compliance with Local Laws_. The Contractor shall comply with all applicable laws, ordi- nances, and codes of the State and local governments, and shall commit no trespass on any public or private property on performing any of the work embraced by this Contract. K. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the City. The Contractor shall be as fully responsible to the City for the acts and omissions of this subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. L. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City. Provided, however, that claims for money due or to become due the Contractor from the City under this Contract may be assigned to a bank, trust company, or other financial instutition, or to a Trustee in Bankruptcy, without such approval. Notice of any assignment or transfer shall be furnished promptly to the City. M. Interest of City. No member of the governing body of the City, and no other official, employee, or agent to the City who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. N. Interest of Other Local Public Officials. No member of the governing body of the lo- cality, in which the Project Area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 0. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, tract or to any benefit to arise herefrom. shall be admitted to any share or part of this Con- P. Interest of Contractor. The Contractor convenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above -described project Area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the per- formance of this Contract no person having any such interest shall be employed. Q. Findings Confidential. All of the reports, information data, etc., prepared or assembled by the Contractor under thisContract are confidential and the Contractor agrees that they shall not be made available to any individual or orgainzation without the prior written approval of the City. R. Ownership. Ownership of all reproducible original materials shall be retained by the of JAN 2 2 1976 Contractor until completion of the scope of services and upon final payments, said materials shall become the property of the City. 76-35- 26-55 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize final payment to Chicago Bridge and Iron Company in the amount of $20,196 for the construction of a ground storage tank in the Canyon Lakes Project. 76-35-26-56 Jim Bertram Director of Planning, appeared before the City Council and presented a map indicat- (23) ing five locations for a proposed HUD assisted housing project. After consideration of all in- formation 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 that informtion assembled by the Staff be transmitted to HUD without comment as to ranking of priorities. h 76-35-26-57 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7196 on first reading. 7J ORDINANCE NO. 7196 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON PORTIONS OF 82ND STREET IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE 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. 75-35-26-58 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (25) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting May to pass Ordinance No. 7197 on first reading. ORDINANCE NO. 7197 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, APPROVING THE AMENDED URBAN RENEWAL PLAN FOR A MEMORIAL CENTER COMPLEX PROJECT, PROJECT NO. TEX R-138(C) 76-35-26-59 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (26) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7198 on first reading. ORDINANCE NO. 7198 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: Street The sum $9,600.00 Improvement Bond Fund For the following purpose: Open up 5th Street to Avenue K-L extension and close Avenue K at 6th Street. 76-35-26-60 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, (27) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolu- tion be passed. RESOLUTION THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK AN AMENDMENT TO THE FUNDING AGREEMENT between 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 this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the Council this 22nd day of January, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney - i /s/ Roy Bass ROY BASS, MAYOR 2'7 • JAN 2 2 1976 AMENDMENT TO FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS THE STATE OF TEXAS I COUNTY OF LUBBOCK I KNOW ALL MEN BY THESE PRESENTS: This Amendment that certain Funding Agreement made and entered into by and between the CITY OF LUBBOCK, TEXAS, a home rule municipal corporation (hereinafter called "CITY") and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, (hereinafter called "AGENCY"), on the loth day of July, 1975. WITNESSETH: WHEREAS, the CITY and the AGENCY have heretofore entered into a Funding Agreement with res- pect to the funding for the performance of certain activities and services by the AGENCY pursuant to a Community Development Plan adopted pursuant to the Housing and Community Development Act of 1974; and WHEREAS, the CITY and the AGENCY are desirous of amending the said Funding Agreement, en- tered into by and between the said parties as of July 10, 1975, in order to provide for additional activities and services and for the revision and rearrangement of certain items contained therein, with respect to the "Estimated Cost" and "Estimated Work Program" as shown within the exhibit attached to the said Funding Agreement, marked as Exhibit "A". NOW THEREFORE, the CITY and the AGENCY do hereby mutually agree as follows: I. Paragraph No. I within the said Funding Agreement shall be amended to include an area designated as "Area 2", which is a "Community Development Rehabilitation and Redevelopment Area", the same being a specific designation of an Urban Renewal Area, which is on file in the Office of the City Secretary, having been duly approved and adopted by the City Council pursuant to and under the authority of Article 1269L-3, V.A.C.S. II. The CITY and the AGENCY agree that Paragraph No. II of the said Funding Agreement shall be amended to increase the amount of funds provided to the AGENCY to perform the work and activities outlined therein, pursuant to the Community Development Plan, from the sum of $2,609,035.00 to the sum of $2,749,637.00. The CITY and the AGENCY agree that Exhibit "A" as attached to the said Funding Agreement shall be revised to reflect various changes in the "Estimated Cost" and "Estimated Work Programs" within each of the areas as are listed thereon, as is shown on the attached "Revised Exhibit A" which is by reference made a part hereof. IV. All other terms and conditions contained within the said Funding Agreement entered into between the parties hereto as of July 10, 1975, shall remain unchanged and confirmed hereby. EXECUTED THIS 22nd day of January, 1976. ATTEST: /s/ Treva Phillips Secretary -Treasurer ATTEST: aft APPROVED AS TO FORM AND LEGALITY: /s/ Fred 0. Senter, Jr. CITY ATTORNEY CLAYTON CARTER AREA 1 Estimated Cost (Less Administrative Cost) Estimated Work Program 1. Acquisition 2. Relocation Owner -occupants Tenants Businesses 3. Rehabilitation 4. Public Works and Site Improvements CITY OF LUBBOCK, TEXAS BY: /s/ Roy Bass MAYOR URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS BY: CHAIRMAN EXHIBIT "A„ WORK PROGRAM (1st Amendment) 201,835 14 6 8 0 3 None proposed for this area. • JAN 2 2 1976 MAHON SCHOOL AREA 5 Estimated Cost (Less Administrative Cost) Estimated Work Program 1. Acquisition 2. Relocation Owner -occupants Tenants Businesses 3. Rehabilitation 4. Public Works and Site Improvements ARNETT BENSON AREA 6 Estimated Cost (Less Administrative Cost) Estimated Work Program I. Acquisition 2. Relocation Owner -occupants Tenants Businesses 3. Rehabilitation 4. Public Works and Site Improvements POSEY C AREA 9 Estimated Cost (Less Administrative Cost) Estimated Work Program I. Acquisition 2. Relocation Owner -occupants Tenants Businesses 3. Rehabilitation 4. Public Works & Site Improvements CHRIS HARWELL AREA 11 Estimated Cost (Less Administrative Cost) Estimated Work Program 1. Acquisition 2. Relocation Owner -occupants Tenants Businesses 3. Rehabilitation 4. Public Works and Site Improvements MANHATTAN HEIGHTS AREA 12 Estimated Cost (Less Administrative Cost) Estimated Work Program 1. Acquisition 2. Relocation Owner -occupants Tenants Businesses 3. Rehabilitation 4. Public Works and Site Improvements 68,333 1 1 0 0 8 None proposed for this area. 749,000 39 28 11 3 17 Construction 3,010 L.F. of 4' sidewalk. 658,891 48-3ROW Sidewalk Easement 16 17 0 24 Construction 12,555 L.F. of 4' 2,090 L.F. of 6' sidewalks. 201,875 ri sidewalk and 2 5 1 23 Construction 5,440 L.F. of 4' sidewalk. 292,609 N/A N/A 71 None proposed for this area. CLOVER GARDENS AREA 2 Estimated Cost 127,820 (Less Administrative Cost) Estimated Work Program 1. Acquisition 75'of right-of-way for industrial by-pass 5' of right-of-way for alley widening 2. Demolition of structures in right-of-way taking SUBTOTAL 2,300,363 Administrative Cost 437,589 Interest on NDP Land 18,360 Less Net Income 2,756,312 TOTAL GRANT REQUIRED _ 62675 2.749A37 I� JAN 2 2 197E i 76-35-29-61 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor (28) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with COMMERCIAL CONCRETE CONSTRUCTION COMPANY (G.W.O. 10,836 &10,836-A) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: 23rd Street from its intersection with a line 20 feet west of the east property line of Milwaukee Avenue to its intersection with a line 13 feet east of east property line of La Salle Avenue known and designated as Sub -Unit Number 21 of Unit Number 2229. AND WHEREAS, the improvements upon the said portions of the abovementi.oned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 10,836 & 10,836-A). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceed- ings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22nd DAY OF JANUARY, 1976. ATTEST: Isl Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass Roy Bass, Mayor APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE GWO 10,836 & 10,836-A Accepted 1-22-76 S.Y. S.Y. Unit & Paving L.F. Valley Sub -Unit Location 6" Base C & G Gutter 2229-21 23rd St. from 20' W of EPL 2724.47 1305.08 105.31 of Milwaukee Ave. to 13' E of EPL of LaSalle Ave. COST DISTRIBUTION Unit Contract Property City Sub -Unit Cost OwnerCost Cost 2229-21 $10,017.70 $8,928.00 $1,089.70 COST ESTIMATE 2,724.47 S.Y. Paving 6" Base @ $2.15 $5,857.61 1,305.08 L.F. Curb & Gutter @ $2.30 $3,001.68 105.31 S.Y. Valley Gutter @$11.00 $1,158.41 CONTRACT COST $10,017.70 Contract Cost $10,017.70 Less Amount Pd. on Monthly Estimate 5,957.82 Difference $ 4,059.88 Amount Retained on Monthly Estimate $ 3,536.25 Close Contract. $ 7,596.13 76-35-29-62 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to close GWO 10,836 and GWO 10,836-A (1974) Assessment Paving Contract and authorize final payment to Commercial Concrete Construction Company in the amount of $7,596.13. January 22, 1976 Honorable Mayor and City Council City of Lubbock Lubbock, Texas 0 JAN 2 2 1976 I submit herewith the closing documents for 37 units of the 1974 Street Paving Improvement Program known and designated as GWO 10,836 and GWO 10,836-A. Final inspection has been made of the abovementioned improvements and said improvements have been constructed in accordance with plans specifications and contract documents. I therefore recommend acceptance of the improvements and closing of the contract. Very truly yours, /s/ Wilford D. Watson, City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS I COUNTY OF LUBBOCK I Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Edward E. Martin, who being by me duly sworn, upon oath says: I, Edward E. Martin, President of Commercial Concrete Construction Company do represent to the City of Lubbock and solemnly swear that I executed certain Contracts with the City of Lubbock, said Contracts being dated February 14, 1974 and August 22, 1974, for Paving Improve- ments under GWO 10,836 and 10,836A, and that the work and contract has been completed according to the plans and specifications pertaining 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 herein 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 14th day of November, 1975. /s/ Edward E. Martin Attest; Subscribed and sworn to before me this the 14th day of November, 1975. /s/ Janice Bradley Notary Public in and for Lubbock County, Texas 76-35-30-63 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with LUBBOCK ASPHALT PRODUCTS, INC., G.W.O. 3120 for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: The South 1/2 of Owen Street from its intersection with a line 34.30 feet east of the West Property Line of Avenue D to its intersection with a line 200.00 feet east of the East Property Line of Mesa Road known and designated as Sub -Unit Number 31 of Unit Number 2229. North Avenue E from its intersection with a line 15.00 feet south of the South Property Line of Owen Street to its intersection with a line 167.80 feet South of the South Property Line of Owen Street known and designated as Sub -Unit Number 32 of Unit Number 2230. AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with, terms of said contract G.W.Q. 3120. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. I i That the improvements on said portions of the abovementioned streets and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. R II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceed- ings with reference to said improvements and assessments where such assessments were levied. 39 JAN Ij/ qt This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22 DAY OF JANUARY, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass Roy Bass, Mayor APPROVED: &/ Fred_ 0. Senter, Jr. _ Fred 0. Senter, Jr., City Attorney} CONSOLIDATED FINAL ESTIMATE GWO 3120 Accepted January 22, 1976 QUANTITIES S.Y.•-- Unit & Paving L.F. Sub -Unit Location 6" Base C & G 2229.31 The south 1/2 of Owen Street from 34.30' E. of the WPL of Avenue D to 200.00' E. of the EPL of Mesa Road 1666.86 701.30 2229-32 North Avenue E from 1500' S. of the SPL of Owen Street to 167.80' S. of the SPL of Owen Street 557.16 313.40 TOTAL 2224.02 1014.70 COST DISTRIBUTION Unit & Sub -Unit Contract Cost Property Owner Cost City to Contractor Amount Paid on monthly Estimate 2229-31 $7113,12 $6532.30 $580.82 $4062.51 2229-32 $2634.31 2828.28 - 193.97 1643.79 TOTAL $9747.43 $93660.57 $386.85 $5706.30 Total Contract Cost $9747.43 Less Amount Paid on Estimate #1 -$5706.30 Amount due Contractor $4041.13 COST ESTIMATE 2224.02 S.X. Paving 6" Base @ $2.90 $6449.66 1014.70 L.F. Curb & Gutter @ $3.25 $3297.77 CONTRACT COST $9747.43 76-35-31- 64 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (33) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7199 on first reading. ORDINANCE NO. 7199 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF STREET: A PORTION OF MARSHALL STREET WEST OF NORTH BOSTON AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTI- CULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION OF STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-31-65 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (34) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolu- tion be passed. T?PQr)T TTTTnV BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an AMENDMENT to PIPE LINE LICENSE NO. P&SF 8428 between the CITY OF LUBBOCK and the ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY covering a CITY WATER PIPE LINE, 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 Council this 22nd day of January, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva PhilliQs _ - Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney AN 2 2 1976 January 9, 1976 File: E-19084 Mr. N. B. McCullough City Manager City of Lubbock, Texas 916 Texas Avenue Lubbock, Texas Dear Mr. McCullough: You are a part to that certain agreement including any supplements thereto, with the Atchison, Topeka and Santa Fe Railway Company, dated August 24, 1939, and identified in Sarta Fe's records as Contract No. P&SF 8428, covering a parallel water pipe line at Lubbock, Lubbock County, Texas. Such agreement stipulates an annual rental of $25.00, and a review of this License indicates an adjustment in rental is warranted, Therefore, effective August 24, 1975, rental will be in- creased to $100.00 per year, Said rental will be subject to revision at three (3) year intervals. Please indicate your acceptance of the revision in the space provided for on the duplicate copy of this letter by your Mayor and return for our records. Yours very truly, /s/ W. R. Hill Assistant to General Manager Accepted this 22nd day of January, 1976 By /s/ Roy Bass, Mayor 76-35-32-66 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (35) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize preapplication to the Department of Labor for prime sponsorship of Manpower Programs in 1976 and that the Mayor be authorized to write letters to the County Judges in the fifteen county area, stating that the City of Lubbock is making preapplication to the Department of Labor for prime sponsorship of Manpower Programs in 1976, and ask for response by February 12th City Council meeting. 76-35-32-67 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (36) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following re- solution be passed. JOINT RESOLUTION 76-35-32- 68 (37) WHEREAS, the City of Lubbock and the South Plains Association of Governments desire to enter a program for meeting the manpower problems within the City of Lubbock and the S.P.A.G. area; and WHEREAS, programs available from the United States Department of Labor will provide assistance in meeting the manpower needs for this area; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD OF DIRECTORS OF THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS ACTING JOINTLY: SEC. 1. THAT the City of Lubbock and the South Plains Association of Governments do hereby agree to enter into a manpower consortium and enter into the available programs from the United States Department of Labor; SEC. 2. THAT the Mayor of the City of Lubbock and the President of the South Plains Associa- tion of Governments are hereby authorized to execute for and on behalf of their respective govern- ing bodies, manpower consortium agreements and applications and agreements with the United States Department of Labor for grant programs. Passed by the City Council of the City of Lubbock this 22nd day of January, 1976. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Passed by the Board of Directors of the South Plains Association of Governments, this day of , 1976. ATTEST: CAROLYN JORDAN, PRESIDENT Henry Heck, Secretary Marshall L. Pennington and Joe A. Stanley, of the Board of Managers of the Lubbock County Hospital District, appeared requesting renewal of emergency ambulance operators license. Councilwoman Jordan voiced concern that the Council receive accurate reporting, and requested use of the Hospital Board's data sheets for two months for comparative purposes. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the permit be extended with the additional information Councilwoman Jordan asked for; that quarterly reports be made by the Hospital District by the 20th day following the end of each calendar quarter. 33 4M F F J M ij 4 l�! 76-35-33-69 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize travel for the City Council to New York City regarding sale of bonds, Friday, March 19; travel to Austin for Councilman Campbell regarding the Airport; and, reimbursement to Mayor Bass for a trip to Austin. 76-35-33-7.0 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, (39) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolu- tion 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, CHANGE ORDER # 4 to the AGREEMENT between the CITY OF LUBBOCK and PAGE & WIRTZ CONSTRUCTION COMPANY, covering the new AIR TERMINAL BUILDING to pro- vide for changes in doors at the request of the airlines, 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 22nd day of January, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney PROJECT: Lubbock Regional Airport Terminal Building (name, address) Lubbock, Texas /s/ Roy Bass _ ROY BASS, MAYOR TO(Contractor) ARCHITECT'S PROJECT NO: 3-70-1 Page & Wirtz Const. Co. P.O. Box 10402 CONTRACT FOR: $5,804,174.00 Lubbock, Texas 79408 CONTRACT DATE: September 13, 1973 You are directed to make the following changes in this Contract: 1. Reverse four (4) each overhead doors at landside of airlines apron level operations area $ 1,200.00 2. Install 16"x48" access panel to Continental's apron level baggage conveyor chase. 200.00 3. Install 24"x48" plate glass vision window at Texas International's apron level operations area. 406.00 4. Install 3-Ox7-Oxl 3/4 h.m. door at Texas International's apron level operations area 762.00 5. Move conveyor disconnect panel from South wall of operations area to the adjacent East wall. 299.00 6. Install 3-Ox7-Oxl 3/4 h.m. door with half lite in the cased opening between office 12F and 012A. 350.00 7. Construct two openings in Braniff's main level back wall for conveyor drive motors. 100.00 TOTAL $3,317.00 The original Contract Sum was ---------------------------------$ 5,824,078.00 Net change by previous Change Orders------------------- ----(-)- $ 20,804.00 The Contract Sum prior to this Change Order was ----------------- $ 5,804,174.00 The Contract Sum will be (increased) by this Change Order -------- $ 3,317.00 The new Contract Sum including this Change Order will be --------- $ 5,807,491.00 The Contract Time will be (unchanged) by (-0-) Days. The Date of Completion as of the date of this Change Order therefore is unchanged. Whitaker & Hall A/E Page & Wirtz Const. Co. The City of Lubbock 2333 50th St. P.O. Box 10402 Lubbock, Texas Lubbock, Texas 79412 Lubbock, Texas 79408 By /s/ 'Nancey L. Jones By /s/ Franklin P. Bottom /s/ ROY BASS, MAYOR Date December 20, 1975 Date 12/30/75 Date 1/22/76 Date of issuance December 20, 1975 CHANGE ORDER NUMBER Four (4) 76-35-33-71 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (40) 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, CHANGE ORDER #5 to the AGREEMENT between the CITY OF LUBBOCK and PAGE & WIRTZ CONSTRUCTION COMPANY, covering the new AIR TERMINAL BUILDING to provide for the lowering of the concrete approach for inflight food service trucks, attached herewith, which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes aN 2 2,1976 of the COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of January, 1976. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney PROJECT: Lubbock Regional Airport Terminal Building (name, address)Lubbock, Texas TO (Contractor) Page & Wirtz Const. Co. ARCHITECT'S PROJECT NO: 3-70-1 P.O. Box 10402 CONTRACT FOR: $5,804,174.00 Lubbock, Texas 79408 CONTRACT DATE: September 13, 1973 You are directed to make the following changes in this Contract: 1. Lower concrete approach at Kitchen Service Dock to provide maximum clearance and maintain drainage. $ 2,891.00 2. Apply two (2) coats of approved sealer over all brick paver floor areas. 5,456.00 TOTAL $ 8,347.00 The original Contract Sum was-------------- -------------------$ 5,824,978.00 Net change by previous Change Orders ----------------------- (-) ---- $ 17,487.00 The Contract Sum prior to this Change Order was ------------------- $ 5,807,491.00 The Contract Sum will be increased by this Change Order ----------- $ 8,347.00 The new Contract Sum including this Change Order will be ---------- $ 5,815,838.00 The Contract Time will be unchanged by (0) Days. The Date of Completion as of the date of this Change Order therefore in unchanged. Whitaker & Hall A/E Page & Wirtz Const. Co. The City of Lubbock 233350th St. P.O. Box 10402 Lubbock, Texas Lubbock, Texas 79412 Lubbock, Texas 79408 By /s/ Yancey L. Jones By /s/ Franklin P. Bottom By /s/ ROY BASS, MAYOR Date December 20, 1975 Date 12/30/75 Date 1/22/76 Date of issuance December 20, 1975 CHANGE ORDER NUMBER Five (5) 76-35-34-72 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (41) Bass, Councilmen West, Jordan, Henry 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 aurhorized and directed to execute for and on behalf of the CITY OF LUBBOCK, CHANGE ORDER #6 to the AGREEMENT between the CITY OF LUBBOCK and PAGE & WIRTZ CONSTRUCTION COMPANY, covering the new AIR TERMINAL BUILDING to provide for a check --in podium, 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 22nd day of January, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter,Jr. Fred 0. Senter, Jr., City Attorney PROJECT: Lubbock Regional Airport Terminal Building (name, address) Lubbock, Texas /s/ Roy Bass ROY BASS, MAYOR J TO (Contractor) ARCHITECT'S PROJECT NO: 3-70-1 PAGE & WIRTZ CONSTR. CO. CONTRACT FOR: $5,815,838.00 P.O. Box 10402 Lubbock, Texas 79408 CONTRACT DATE: September 13, 1973 JAN 2 2 F 1 76-35-35-73 f (42) You are directed to make the following changes in this Contract: Furnish and install six (6) check -in podiums, and six (6) arrival/departure units complete with "visiontron" flight information equipment $22,916.30 The original Contract Sum was ------------------------------------ $ 5,824,978.00 Net change by previous Change Orders ----------------------------- $-9,140.00 The Contract Sum prior to this Change Order was ----------------- $ 5,815,838.00 The Contract Sum will be increased by this Change Order ---------- $ 22,916.30 The new Contract Sum including this Change Order will be -------- $ 5,838,754.30 The Contract Time will be unchanged by -0-Days. The Date of Completion as of the date of this Change Order therefore is unchanged. Whitaker & Hall A/E Page & Wirtz Const. Co. The City of Lubbock 2333 50th St. P.O. Box 10402 Lubbock, Texas Lubbock, Texas 79412 Lubbock, Texas 79408 By Yancey L. Jones By Franklin P. Bottom By ROY BASS, MAYOR DATE OF ISSUANCE January 20, 1976 CHANGE ORDER NUMBER SIX (6) 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 follow- ing resolution be passed. RF.gOT.TTTT ON 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 #7 to the AGREEMENT between the CITY OF LUBBOCK and PAGE & WIRTZ CONSTRUCTION COMPANY, covering the new AIR TERMINAL BUILDING to provide for the modification of the inbound baggage conveyor, 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 22nd day of January, 1976. ATTEST: /s/_Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney PROJECT: Lubbock Regional Airport Terminal Building (name, address) Lubbock, Texas TO (Contractor) Page & Wirtz Const. Co. P.O. Box 10402 Lubbock, Texas 79408 ARCHITECT'S PROJECT NO: 3-70-1 CONTRACT FOR: $5,815,838.00 CONTRACT DATE: September 13, 1973 You are directed to make the following changes in this Contract: Modify inbound baggage conveyor system and make building modifications necessary to pro- vide exterior conveyor loading $20,786.00 The original Contract Sum was ----------------------------------------- $ 5,824,978.00 Net change by previous Change Orders ---------------------------------- $ 29,723.30 The Contract Sum prior to this Change Order was ----------------------- $ 5,854,701.30 The Contract Sum will be increased by this Change Order --------------- $ 20,786.00 The new Contract Sum including this Change Order will be -------------- $ 5,875,487.30 The Contract Time will be unchanged by (0)Days. The Date of Completion as of the date of this Change Order therefore is unchanged Whitaker & Hall A/E Page & Wirtz Const. Co. The City of Lubbock 2333 50th St. P.O. Box 10402 Lubbock, Texas Luboock, Texas 79412 Lubbock, Texas 79408 By Yancey L. Jones By Franklin P. Bottom By ROY BASS, MAYOR Date January 20, 1976 DATE 1/20/76 Date 1/22/76 DATE OF ISSUANCE January 20, 1976 CHANGE ORDER NUMBER EIGHT (8) 76-35-35-+4 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, (43) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following re- solution 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, CHANGE ORDER #8 to the AGREEMENT between the CITY OF LUBBOCK and PAGE & WIRTZ CONSTRUCTION COMPANY, covering the new AIR TERMINAL BUILDING to provide for the construction of four (4) security partitions, 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. 1976 Passed by the City Council 22nd day of January, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney PROJECT: Lubbock Regional Airport Terminal Building (name, address) Lubbock, Texas TO(Contractor) Page & Wirtz Constr. Co. ARCHITECT'S PROJECT NO.: 3-70-1 P.O. Box 10402 CONTRACT FOR: $5,815,838.00 Lubbock, Texas 79408 CONTRACT DATE: September 13, 1973 You are directed to make the following changes in this Contract: Furnish and install aluminum framing, glazing, doors, hardware, drywall and finishes neces- sary to complete the security partitions in accordance with security layout plans and details. $15,947.00 The original Contract Sum was------------------------------------------$ 5,824,978.00 Net change by previous Change Orders --------------------------------- $ 13,776.30 The Contract Sum prior to this Change Order was ---------------------- $ 5,838,754.30 The Contract Sum will be increased by this Change Order -------------- $ 15,947.00 The new Contract Sum including this Change Order will be ------------ $ 5,854,701.30 The Contract Time will be unchanged by (0) Days. The date of Compaletion as of the date of this Change Order therefore is unchanged. Whitaker & Hall A/E Page & Wirtz Const. Co. The City of Lubbock 2333 50th St. P.O. Box 10402 Lubbock, Texas By Yancey L. Jones By Franklin P. Bottom By Roy Bass, Mayor Date January 20, 1976 Date 1/20/76 Date 1/22/76 DATE OF ISSUANCE January 20, 1976 CHANGE ORDER NUMBER SEVEN (7) -35-36 75 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (43a) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following re- solution 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 the following: CORRECTION AND RATIFICATION AGREEMENT, MEMORANDUM OF FIXED BASE OPERATOR AGREEMENT, and CONSENT AGREEMENT betweentTHE CITY OF LUBBOCK and QUASAR, INC., attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of January, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS 0 COUNTY OF LUBBOCK ) CORRECTION AND RATIFICATION AGREEMENT WHEREAS, the City of Lubbock, as Lessor, and Quasar, Inc., as Lessee, made and entered into that certain Fixed Base Operator Agreement dated September 25, 1975, covering and affecting two (2) 3.535 acre tracts of land out of Section 28, Block A, Lubbock County, Texas, reference to which lease is hereby made for all lawful purposes, which document is not to be filed for record in the Deed Records of Lubbock County, Texas; WHEREAS, Quasar, Inc. executed and delivered to Commercial Concrete Construction Co. that certain Builder's & Mechanic's Lien (with Power of Sale) Note dated November 13, 1975, in the principal sum of $672,914.97, payable as described in said note, and which note is secured by the liens and collateral assignment described below; WHEREAS, Quasar, inc., as Owner, and Commercial Concrete Construction Co., as Contractor, made and entered into that certain Builder's & Mechanic's Lien Contract (with Power of Sale) dated November 13, 1975, providing for construction of certain improvements upon two (2) 3.535 acre tracts of land described above and providing for a Mechanic's and Materialman's Lien and Deed of Trust lien to secure payment of the above described Builder's & Mechanic's Lien Note; WHEREAS, Commercial Concrete Construction Co. has transferred and assigned said Builder's and Mechanic's Lien and Builder's and Mechanic's Lien Contract (with Power of Sale) to the Ameri- can Bank, Odessam Texas, which is to furnish the interim financing for the constructionof the i c AN 2 2 1C, improvements called for in said Builder's & Mechanic's Lien Contract; WHEREAS, as additional security for the payment of the above described Builder's & Mechanic's Lien Note and performance of all of the terms and conditions of the above described Builder's & Mechanic's Lien Contract (with Power of Sale) Quasar, Inc. has transferred and assigned to the American Bank, Odessa, Texas, by that certain Collateral Assignment of Lessee's Interest in Lease dated November 13, 1975, all of the leasehold estate of Quasar, Inc. in and to the two (2) 3.535 acre tracts of land as more fully described in said Fixed Base Operator Lease Agreement dated September 25, 1975; WHEREAS, Quasar, Inc. proposes to close a permanent loan with Briercroft Savings and Loan Association in the sum of $550,000.00payable in 180 monthly installments of $5,910.40 including principal and interest, bearing interest at the rate of ten per cent (10%) per annum computed on the monthly reducing balance, which loan shall be made in renewal and extension of the balance of $550,000.00 due and owing on the above mentioned Builder's & Mechanic's Lien Note and the liens securing payment of same; WHEREAS, each of the above described instruments as originally prepared describe only one 3.535 acre tract of land through scrivener's error and all of said documents should have describ- ed two (2) 3.535 acre tracts of land, and all parties desire to amend said documents to provide the correct legal description covered and affected by said documents; NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENT: THAT for and in consideration of the premises, this Correction and Ratification Agreement is made and entered into this the 15th day of January, 1976, by and between CITY OF LUBBOCK and QUASAR, INC., as follows: 1. The above described Fixed Base Operator Agreement, sometimes referred to as Lease Agree- ment, dated September 25, 1975, executed by the City of Lubbock on October 7, 1975, is hereby amended so as to cover and affect two (2) 3.535 acre tracts of land out of Section 28, Block A, Lubbock County, Texas, as more particularly described as First Tract and Second Tract on Exhibit "A" attached hereto and made a part hereof for all lawful purposes. 2. The undersigned parties do hereby amend, correct and ratify said Fixed Base Operator Agreement as of the date and execution of the original agreement. EXECUTED IN QUADRUPLICATE ORIGINALS this the 15th day of January, A.D., 1976. ATTEST: CITY OF LUBBOCK /s/ Treva Phillips By /s/ Roy Bass _ City Secretary -Treasurer Roy Bass, Mayor — APPROVED By /s/ Fred 0. Senter, Jr. QUASAR, INC. Fred 0. Senter, Jr., City Attorney ATTEST: By /s/ Ronnie Odom Ronnie Odom, President Leonard Mitchell, Secretary EXHIBIT "A"' DESCRIPTION OF LAND COVERED AND AFFECTED BY THAT CERTAIN FIXED BASE OPERATOR AGREEMENT DATED SEPTEMBER 25, 1975, BETWEEN THE CITY OF LUBBOCK, AS LESSOR AND QUASAR, INC., AS LESSEE EXECUTED BY THE CITY OF LUBBOCK ON OCTOBER 7, 1975 FIRST TRACT: 3.535 acre tract of land out of Section 28, Block A, Lubbock County, Texas, and being particularly described as follows: BEGINNING at a 3/4" iron pipe set for the Southwest and beginning corner of this tract; from whence the Southwest corner of Section 28, Block A bears South 89°59'30" West, 736.59 feet and South 0*02' East, 3053.15 feet; THENCE North 275.0 feet to a 3/4" iron pipe set for the Northwest corner of this tract; THENCE East 560.0 feet to a 3/4" iron pipe set for the Northeast corner of this tract; said iron pipe also being 950.0 feet West of the North -South Runway; THENCE South 950.0 feet West of and parallel to the North -South Runway, a distance of 275.0 feet to a 3/4" iron pipe set for the Southeast corner of this tract; THENCE West, 560.0 feet to the PLACE OF BEGINNING, containing 3.535 acres. SECOND TRACT: 3.535 acre tract of land out of Section 28, Block A, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 3/4" iron pipe set for the Southwest and beginning corner of this tract; from whence the Southwest corner of Section 28, Block A bears South 89°59'30" West, 736.75 feet and South 0*02' East, 3328.15 feet; THENCE North, 275.0 feet to a 3/4" iron pipe set for the Northwest corner of this tract. THENCE East, 560.0 feet to a 3/4" iron pipe set for the Northeast corner of this tract; said iron pipe also being 950.0 feet West of the North -South Runway; THENCE South 950.0 feet West of and parallel to the North -South Runway, a distance of 275.0 feet to a 3/4" iron pipe set for the Southeast corner of this tract; THENCE West, 560.0 feet to the PLACE OF BEGINNING, contining 3.535 acres. Y 22 1976 THE STATE OF TEXAS COUNTY OF LUBBOCK ) MEMORANDUM OF FIXED BASE OPERATOR AGREEMENT THIS MEMORANDUM OF FIXED BASE OPERATOR AGREEMENT is made and entered into this the 7th day of October, 1975, by and between the CITY OF LUBBOCK, acting by and through duly authorized City representative, hereinafter called Landlord or Lessor, and QUASAR, INC., a Texas corpora- tion, with its registered office located at Lubbock Regional Airport, Lubbock, Texas, herein- after called either Tenant or Lessee, as follows, to -wit: 1. DESCRIPTION OF LEASED PREMISES: In consideration of the rent to be paid and the covenants and agreements to be performed by the Tenant, the Landlord does hereby lease, demise and let unto the Tenant, and the Tenant hereby takes and accepts from the Landlord, the following des- cribed premises located at the Lubbock Regional Airport in Lubbock County, Texas, to -wit: All that certain 308,000 square feet of land described in two (2) 3.535 acre tracts of land out of Section 28, Block A, Lubbock County, Texas, all as more fully described in Exhibit "A" attached hereto and made a part hereof for all lawful purposes. 2. TERM: The original term of twenty (20) years shall commence on April 1, 1976, and end on March 31, 1996, and the Tenant shall have the option to extend this agreement for three (3) consecutive five-year periods. 0 3. RENTAL AND OTHER PROVISIONS: The rent for the leased premises and the other terms and conditions of the fixed Base Operator Agreement sometimes referred to as Lease Agreement are set forth in full in the above mentioned Fixed Base Operator Agreement dated September 25, 1975, executed by the City of Lubbock on October 7, 1975, and this Memorandum of Fixed Base Operator Agreement is subject to all of the terms, provisions, covenants and conditions as set forth in said Fixed Base Operator Agreement which agreement is hereby adopted and made a part hereof by reference the same as if said agreement had been copied herein in full. IN WITNESS WHEREOF, the parties have executed this Memorandum of Fixed Base Operator Agree- ment this 22nd day of January, 1976, by the duly authorized officers of each party. ATTEST: CITY OF LUBBOCK /s/ Treva Phillips By/s/ Roy_Bass City Secretary -Treasurer Roy Bass, Mayor APPROVED: By /s/ Fred 0. Senter, Jr. QUASAR,INC. Fred 0. Senter, Jr., City Attorney By ATTEST: Ronnie Odom, President Leonard Mitchell, Secretary THE STATE OF TEXAS COUNTY OF LUBBOCK ) C 0 N S E N T WHEREAS, the City of Lubbock, as Lessor, and Quasar, Inc., as Lessee, made and entered into that certain Fixed Base Operator Agreement or Lease Agreement dated September 25, 1975, covering and affecting two (2) 3.535 acre tracts of land out of Section 28, Block A, Lubbock County, Texas, reference to which lease is hereby made for all lawful purposes, which document is not to be filed for record in the Deed Records of Lubbock County, Texas; WHEREAS, Quasar, Inc. executed and delivered to Commercial Concrete Construction Co. that certain Builder's & Mechanic's Lien (with Power of Sale) Note dated November 13, 1975, in the principal sum of $672,914.97, payable as described in said note, and which note is secured by the liens and collateral assignment described below; WHEREAS, Quasar, Inc., as Owner, and Commercial Concrete Construction Co., as Contractor, made and entered into that certain Builder's & Mechanic's Lien Contract (with Power of Sale) dated November 13, 1975, providing for construction of certain improvements upon two (2) 3.535 acre tracts of land described above and providing for a Mechanic's and Materialman'a Lien and Deed of Trust lien to secure payment of the above described Builder's & Mechanic's Lien Note; WHEREAS, Commercial Concrete Construction Co. has transferred and assigned said Builder's and Mechanic's Lien and Builder's and Mechanic's Lien Contract (with Power of Sale) to the American Bank, Odessa, Texas, which is to furnish the interim financing for the construction of the improvements called for in said Builder's & Mechanic's Lien Contract; WHEREAS, as additional security for the payment of the above described Builder's & Mechanic's Lien Note and performance of all of the terms and conditions of the above described Builder's & Mechanic's Lien Contract (with Power of Sale) Quasar, Inc. has transferred and assigned to the American Bank, Odessa, Texas, by that certain Collateral Assignment of Lessee's Interest in Lease dated November 13, 1975, all of the leasehold estate of Quasar, Inc. in and to the two (2) 3.535 acre tracts of land as more fully described in said Fixed Base Operator Lease Agreement dated September 25, 1975; WHEREAS, Quasar, Inc. proposes to close a permanent loan with Briercroft Savings and Loan Association in the sum of $550,000.00 payable in 180 monthly installments of $5,910.40 including principal and interest, bearing interest at the rate of ten per cent (10%) per annum computed on the monthly reducing balance, which loan shall be made in renewal and extension of the balance of $550,000.00 due and owing on the above mentioned Builder's & Mechanic's Lien Note and the liens securing payment of same; r� 76-35-39-76 (44) 76-35-39-77 (45) .76-35-39-78 (46) WHEREAS, Article IV, Section A of the above mentioned lease dated September 25, 1975, provide: that the Lessee shall not assign, transfer, pledge or otherwise alienate such lease agreement or any interest therein without the prior written consent of the City of Lubbock; WHEREAS, each of the above described instruments as originally prepared describe only one 3.535 acre tract of land through scriverner's error and all of said documents should have described two (2) 3.535 acre tracts of land all as more fully described in Exhibit "A" attached to that certain Correction and Ratification Agreement dated January 15, 1976, executed by the City of Lubbock, Quasar, Inc. and Commercial Concrete Construction Co. amending, correcting and ratifying all of the above mentioned documents; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT: THAT for and in consideration of the sum of TEN DOLLARS ($10.00) paid by Quasar, Inc. to the City of Lubbock, the receipt of which is hereby acknowledged, and in consideration of the premises, the undersigned CITY OF LUBBOCK does hereby consent to the execution and delivery of all of the above described documents and to a Collateral Transfer and Assignment of said Fixed Base Operator Agreement dated September 25, 1975, as amended, to be executed in the future by Quasar, Inc. to Briercroft Savings and Loan Association to secure the permanent loan in connection with the construction of said improvements; provided, however, that any sale held by the Trustee under the power of sale granted in the above described Builder's & Mechanic's Lien Contract or in any deed of trust executed by Quasar, Inc. for the benefit of Briercroft Savings and Loan Association shall be subject to all of the terms and provisions of said lease agreement dated September 25, 1975, as amended, and the Trustee shall not transfer or assign the lease or any interest of the tenant under said lease to the purchaser at such deed of trust sale without the prior written consent of the City of Lubbock, which consent shall not be unreasonably withheld. EXECUTED this the 22nd day of January, 1976, by the duly authorized officers of the City of Lubbock. ATTEST: /s/Treva Phillips City Secretary --Treasurer APPROVED: By /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City ATtorney CITY OF LUBBOCK By /s/ _Roy Bass Roy Bass, Mayor The following bids were received for the purchase of miscellaneous valves for warehouse stock, being Bid No. 3686. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of M.B. McKee Co. for the purchase of Items 1, 2, 4, 5, and 6; accept the bid of Bowles & Edens Co., E1 Paso, for the purchase of Item 3. The following bids were received for the purchase of copper electrical cable for warehouse stock, being Bid No. 3701. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Fields & Co. for the purchase of copper electrical cable for warehouse stock. The following bids were received for the purchase of miscellaneous water items for warehouse stock, being Bid No. 3710. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of M.B. McKee Co. for the purchase of Items 1, 3, 4, 6, 11, 12, 13 and 15; accept the bid of Western Industrial Supply, Amarillo, for the purchase of Items 2, 8, 9, 14, and 16; accept the bid of Clowe & Cowan, Inc. for the purchase of Item 5; accept the bid of Industrial International, Inc. for the purchase of Item 7; accept the bid of Bowles & Eden, El Paso, for the purchase of Item 10. 76-35-39-79 The following bids were received for the purchase of envelopes for Utility Collections, being (47) Bid No. 3711. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Bancroft Paper Company for the purchase of envelopes for Utility Collections. 16-35-39-80 The following bids were received for the purchase of a portable welder for Electric Production, (48) being Bid No. 3705. Bid Tabulation set in Bid Book. 1 1 After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting C 22 1976 Yea, none voting Nay to accept the bid of Lubbock Equipment and Supply Co. for the purchase of a portable welder for Electric Production. -35-40-81 The following bids were received for the purchase of medium size automobiles for various depart- (49) ments, being Bid No. 3700. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Fenner Tubbs Co. for the purchase of Items 1 and 2; accept the bid of Caprock American, Inc. for the purchase of Item 3. -35-40-82 The following bids were received for the purchase of radio equipment for various departments, (50) being Bid No. 3683. Bid Tabulation set in Bid Book. After consideration of all bids received motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of RCA, Dallas, for the purchase of Item 1; accept the bid of Motorola, Inc., for the purchase of Items 2 and 4; accept the bid of General Electric Supply Co. for the purchase of Item 3. -35-40-83 The following bids were received for the purchase of industrial type jackets for the Fire (51) Department, being Bid No. 3688. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of J. B. Battle, Oklahoma City, for the purchase of jackets for the Fire Department. -35-40-84 The following bids were received for construction of the Vicksburg Sub -Station control house, (52) being Bid No. 3687. Bid Tabulation set in Bid Book. After consideration of all bids recenrbed, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Armco Building Systems for construction of the Vicks- burg Sub -Station control house. -35-40-85 The following bids were received for the purchase of two memory typewriters for the Police De- (53) partment, being Bid No. 3698. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of International Business Machine Corporation for the purchase of two memory typewriters for the Police Department. -35-40-86 The following bids were received for the purchase of tractors and mower for Public Works and (54) Parks Department, being Bid No. 3684. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Lubbock Implement for the purchase of Items 1 and 3; accept the bid of Farmer's Supply for the purchase of Item 2. -35-40-87 The following bids were received for the purchase of two parking control officers' vehicles for (55) the Police Department, being Bid No. 3703. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Bell Company, Inc., for the purchase of two parking control vehicles for the Police Department. -35-40-88 The following bids were received for the purchase of one motorcycle for the Police Department, (56) being Bid No. 3692. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Graves Auto and Cycle Sales for the purchase of one motorcycle for the Police Department. 0 u -35-40-89 The following bids were received for the purchase of 39 automobiles and 4 station wagons for the (57) Police Department, being Bid No. 3678. Bid Tabulation set in Bid Book. E ,BAN 2 2 After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of University Dodge, Inc., for the purchase of 39 automobiles and 4 station wagons for the Police Department. 76-35-41-90 The City Council considered nominees for BCD directors. Nominations are for 10 nominees for 5 (58) places plus 3 alternates in case some of the nominees do not accept. The principal nominees are: C. B. Carter, Bob Norris, Babe English, N. B. McCullough, Myrna Verner, Oliver Thomas, Carroll McDonald, Lee Stafford, W. R. Collier, Willard Payne. Alternates: Phil Hoel, Owen Gilbreath and Ed Luskey. They are to be contacted by the committee of two consisting of Bob Brummel with the Chamber of Commerce and Mayor Bass on behalf of the City, to see if the 10 will serve, then if they won't, the alternates will be taken in the order in which they have been named. 76-35-41-91 The City Council considered the appointment of members to the Tax Board of Equalization. The (59) following people have been contacted: Dean Richard Amandes, Tech Law School; Connie Britt; 0. L. Byrd; and, Lee Coil; all of whom have said they will serve and tentatively have had acceptance from Howard Yandell. Others are to be contacted. 1176-35-41-92 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, (60) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint George Thompson, III to the Housing Authority Board to replace Rex Aycock who declined to serve. This term is for two years and will expire December 27, 1977. 76-35-41-93 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor (61) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to make the follow- ing appointments to the Zoning Board of Adjustment: David Hester be changed from alternate to regular member with his term expiring 2-26-77; Lon Miller be changed from alternate to regular member for a two year term to expire February 26, 1978; reappoint Mrs Gerald Sandlin to a two year term to expire February 26, 1978; appoint Sammy Ribble as an alternate member to a term ' that will expire February 26, 1977; appoint Bob Schreiner as an alternate member to a 2 year term to expire February 26, 1978. 76--35-41-94 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, (62) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint Dr. Morris L. Barrington to the City -County Health Board. This term is for 3 years and will expire February 21, 1979. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular, City Council Meeting, Januaryr22, 1976. ATTEST: ROY BASS, MAYOR Treva Phillips, City S cretary-Treasurer READ AND APPROVED THIS THE )2th day of Februar , 97 . ATTEST: ROY BASS, MAYOR Treva Phillips, City S retary-Treasurer