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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/27/1976MAY � 7 1976 REGULAR CITY COUNCIL MEETING MAY 27, 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, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: Councilman Bill McAlister. 76-35-188-520 The invocation was given by Sam Wahl, Director of Public Works. (1) 76-35-188-521 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 76-35-188-522 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (3) Bass, Councilmen West, Jordan, and Henry voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held May 13, 1976, as corrected. Councilman McAlister was absent at the time of this motion. 76-35-188-523 Ken Hobbs appeared, and requested approval of amended contract between the City of Lubbock and (6) the Rape Crisis Center. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, and Henry voting Yea, none voting Nay to approve amended contract between the City of Lubbock and the Rape Crisis Center. Councilman McAlister was absent at the time of this motion. CONTRACT BETWEEN CITY OF LUBBOCK AND LUBBOCK RAPE CRISIS CENTER WHEREAS, there exists within the City of Lubbock, Texas a need for confidential intervention counseling with the victims of rapes; and WHEREAS, it is believed that such counseling will be of substantial assistance to the success- ful prosecution of rape cases; and WHEREAS, rape victims are in need of special medical and counseling services in order to assist them in recovering from such criminal attacks; and WHEREAS, the City of Lubbock is Grantee of a certain Criminal Justice Council Grant for the operation of a rape crisis center, said grant to be for the period March 1, 1976 to February 28, 1977; and WHEREAS, the City of Lubbock does not have the specialized staff personnel to properly operate the counseling services needed by rape victims and has thus made arrangements with the Lubbock Rape Crisis Center, a Texas non-profit corporation, to provide the services stiputlated in the above described Criminal Justice Council Grant; NOW THEREFORE, the City of Lubbock, Texas (hereinafter called "City"), acting through its duly elected undersigned officers, hereby contracts with and the Lubbock Rape Crisis Center, a Texas non-profit copriation (hereinafter called "Center"), hereby agrees to provide the services stipulated below upon the following terms and conditions: (1). Services. -- The Center will provide (a). Twenty-four hour per day confidential crisis intervention counseling to rape victims under the supervision of a fulltime coordinator and full-time assistant coordinator; (b). Trained volunteer counselors who have been recruited, screened and trained in a comprehensive program that will enable them to effictively work with rape victims and the victim's family; (c). Programs and information to radio, television and other media, and appearances before community organizations which will increase public awareness of the problems of dealing with the crime of rape in the community; (d). Information, counseling and a supportive framework to increase both the accuracy of reporting and the prosecution for the crime of rape; (e). Women of the community with information on rape prevention measures which will hopefully reduce their vulnerability to said crime; M . Para -professional services in coordinating the prevention, counseling of victims, reporting and prosecution for the crime of rape in Lubbock by working closely with the Lubbock Police Department, Lubbock County Sheriff's Department, the District Attorney's office, Texas Tech School of Medicine, City -County Health Bureau, Human Development Center, Family Services Association, Department of Public Safety (self defense experts), Aid Ambulance and EMS, and various hospitals in the area; (g). Administration and disbursement of all project funds, federal and matching, in accordance with fiscal guidelines and requirements outlined in the Financial Manual for Action and Planning Grants Awarded by the Criminal Justice Division and Statement of Grant Award. In addition the Center will accept sole responsi- bility for payment of all services and materials contracted in the execution of the program. A J MAY 2 7 197E (h). Accountability for all program funds received in cash or inkind and for total cost of the grant program whether paid with federal or matching fund shares. (i). Monthly reports of the total program receipts and expenditures will be furnished to Larry Cunningham, the City's financial officer designated in the grant, with adequate detail of cost to enable proper determination of cost allowability; (j). Books, records and other evidence pertaining to the cost and expenses of this contract to the extent and in such detail as will properly reflect all net cost, direct and indirect, of labor, material, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this contract, and make available for inspection, audit or reproduction by any authorized representative of the Comptroller General of the United States, Department of Justice or the State of Texas such books, records, and documents. The Center will further maintain these records for three years after final payment or until a federally approved audit has been made and all questions arising therefrom are resolved; (k). Any other ancillary services indicated are reasonably applied in the Criminal Justice Council Grant No. AC-76-801-3631. (2). Contract price. -- The City agrees to pay the Center the sum of Twenty -Eight Thousand Seven Hundred Dollars ($28,700.00) (or the actual amount of funds disbursed under the Criminal Justice Grant, if less,) for the above services to be rendered between March 1, 1976 and February 28, 1977, such payments to be made in such amounts and at such times as the funds are disbursed under the Criminal Justice Grant AC-76-801-3631. In addition, the City will make the "in -kind" contribution set forth in the above described Criminal Justice Council Grant, it being understood and agreed that the City is not obligated for cash payments in excess of those actually made under the above Criminal Justice Grant. The procedure for disbursement of such funds shall be as follows each month the coordinator of the Rape Crisis Center will furnish to the City's financial officer, Larry Cunningham a detailed list of receipts and expenditures prepared in conformance with sug- gestions of Mason, Nickels & Warner, Certified Public Accountants, Lubbock, Texas and a certifica- tion that the Lubbock Rape Crisis Center has in fact delivered the services obligated to be de- livered under paragraph 1 above for the preceeding month. (3) Independent Contractor - Indemnity. -- The parties hereto understand and agree that the relationship of the Center to the City is that of independent contractor and the City shall have no control over the day to day operations or policies of the Center. Further, the Center shall indemnify, save and hold harmless the City from damages of any nature resulting from contracts of the Center staff or volunteers with rape victims, their families or those accused of rape. (4). Designated agents. -- The Center will direct inquiries for information, assistance and guidance to Larry Cunningham, financial officer of the grant and assistant to the City Manager of Lubbock, Texas. The City will make inquires and requests for information directly to Rebecca Mahan, Coordinator of the Center, or her successor. (5). Officials not to benefit. -- No officer, member or employee of the CJD and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carriedout who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. No members of or Delegate to the Congress of the United States of America, no Resident Commissioner, or employee of the LEAA or Department of Justice, shall be admitted to any share or part thereof or to any benefit to arise herefrom. (6). Copeland Act Compliance. -- The Contractor shall not induce by any means any person employed in the construction, completion or repair of the work under this contract, to give up any part of the compensation to which he is entitled. No member of or delegate to Congress, or state official, or resident commissioner, shall be allowed to any share or part of this contract, or to any benefit that may arise therefrom. The Contractor agrees to insert this clause VII into all subcontracts entered into in the performance of the work assigned by this contract. (7). Minority and small business. -- In all subcontracts the contractor will be encouraged to utilize small businesses, and minority suppliers and services and to purchase materials and supplies of United States origin for use in the completion of this contract. (8). Equal Employment Opportunity. -- During the performance of this contract, the contractor agrees as follows: (a). 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 apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b). The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c). The contractor will send to each labor union or representative of workers with which X) 2'7 1976 he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives, of the contractors' commit- ments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. W . The contractor will comply with all Provisions for Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e). The contractor will furnish all information and reports required by Executive Order 11246, and by rules, regulations, and orders of the Secretary of Labor or pursuant thereto and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations and orders. (9). Protection of Workmen and Prevailing Wage Laws. --- Contractors in construction con- tracts shall comply with Articles 5159a, 5182 and 5182-1 of the Texas Civil Statutes. (10). Acceptance - Cancellation. -- This agreed contract for services must be accepted and approved effective March 1, 1976 by the Board of Directors of the Lubbock Rape Crisis Center on behalf of the Center, and by the Lubbock City Council on behalf of the City of Lubbock. NOW - WITHSTANDING ANY OTHER PROVISION OF THIS CONTRACT, the City may upon ten days written notice cancel the remaining portion of this contract for services in the event that the above referenced Criminal Justice Council Grant, to -wit #AC-76-801-3631 is either cancelled or is terminated prior to February 28, 1976. In addition this contract may be terminated by the City in accordance with this clause in whole or in part from time to time whenever such termination is in the best interest of City. Termination will be effected by delivery to the Center of a notice of termina- tion specifying to what extent performance of work under the contract has been terminated and the effective dateof termination. The Center shall submit to the City its termination claim with- in sixty days from the effective date of the termination unless an extension in writing is allowed by the City. The City and the Center may agree upon the whole or any part of the amount to be paid to the Contractor provided that such agreed amount exclusive of settlement cost, shall not execeed the total contract price as reduced by the contract price of the work not completed and the amount of payments otherwise made. It is mutually agreed between the City and the Center that costs of questionable allowability will be withheld from reimbursement to the Center until the grant has been audited and actual allowability determined by mutual agreement of the parties or by an auditor of the state or federal government. EXECUTED this 27th day of May, 1976. LUBBOCK RAPE CRISIS CENTER By: /s/ Betty Wheeler, President Attest: /s/Sara McLarty, Secretary ACCEPTED and approved by the vote of the City Council on the 27th day of May, 1976, the vote being 5 Yeas, and 0 Nays. Attest: /s/Treva Phillips, Secretary CITY OF LUBBOCK, TEXAS By: /s/ Roy Bass, Mayor 35-190-524 Malcolm Cleland, Executive Vice President, Better Business Bureau, appeared and requested (7) amendments to ordinance governing charitable solicitations. John Hay, Sr., of Lubbock Christian College appeared requesting this matter be tabled in order to give them time to study the proposed amendments. After consideration of all information presented, motion was made by Councilman West, to hold this item until next City Council meeting. This motion died for lack of a second. (Note: Councilman McAlister came in at 9:50 a.m.). After further discussion, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to pass Ordinance No. 7264 on first reading, with the understanding there will be opportunity at the time of second reading for others to be heard. ORDINANCE NO. 7264 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 21 OF THE CODE OF ORDINANCES: CITY OF LUBBOCK, ENTITLED "SOLICITATIONS FOR CONTRIBUTIONS", BY AMENDING SECTION 21-10 THEREOF REGARDING PURPOSE; AMENDING SECTION 21-11 THEREOF PROVIDING FOR PERMITS AND EXCEPTIONS; AMENDING SECTION 21-12 THEREOF PROVIDING FOR REGULATIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 35-190-525 Pat Melton appeared before the City Council on behalf of Don Crow and Calvin Brunken, to request (8) a waiver of conditions of Subdivision Regulation 29-6, Item D. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilmen Henry, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Yea, none voting Nay to grant request for a waiver of conditions of Subdivision Regulation 29-6, Item D. Mayor Pro Tem West abstained from voting on this Item. 35-190-526 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (12) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7251 on second and final reading. ORDINANCE NO. 7251 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; MM 2 7 197 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 Bond Funds 2,750 HUD Funds The sum 22,7.50 Canyon Lakes Bond Funds 5,500 Total For the following purpose: Construction, parts and engineering on historical bridge in Canyon Lakes Project. 76-35-191-527 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7252 on second and final reading. ORDINANCE NO. 7252 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: Canyon Lakes Fund The sum $1,000 For the following purpose: Beta Sigma Phi Landscaping Project in the Canyon Lakes Project. 76-35-191-528 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (14) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7255 on second and final reading. ORDINANCE N0. 7255 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 Improvement Bond Fund The sum $15,701 For the following purpose: Financial Advisory fees, Legal fees, Bond Rating fees, Printing of Notice of Sale, and other cost incfrred in marketing of $1,580,000 G.O. Bonds, Series 1976. 76--35-191-529 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (15) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7256 on second and final reading. ORDINANCE NO. 7256 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: Park Bond Funds The sum $35,000.00 For the following purpose: Labor and materials for installation of concrete drainage channels on the following parks: Leroy Elmore, Buster Long, and Bill and Ann Miller. 76-35-191-530 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (16) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7253 on second and final reading. ORDINANCE NO. 7253 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF 58TH STREET, 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. 2'7 1976 ­35-192-531 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (17) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7254 on second and final reading. ORDINANCE NO. 7254 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 34 -52 THEREOF PROVIDING FOR PRO-RATA CHARGES FOR WATER AND/OR SEWER SERVICE; AMENDING SECTION 34-65 PROVIDING FOR UNIT PRICES USED IN CALCULATING COSTS OF EXTENSIONS; PROVID- DING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION. -35-192--532 The City Council considered a resolution authorizing the Mayor to submit an application for (18) $250,000 to FHWA for bike and hike trails in the Canyon Lakes Project. Jim Bertram, director of Planning appeared before the City Council and explained the application. 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 McAlister voting Yea, none voting Nay that the following resolution be passed. RTV'.gf1T.TTTTCIN THE MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized to execute an Application for and on behalf of the CITY OF LUBBOCK to the DEPARTMENT OF TRANSPORTATION for a grant to assist in the construction of hike and bike trails in the Canyon Lakes Project, a copy of such application being attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of May, 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 -35-192-533 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7265 on first reading. ORDINANCE NO. 7265 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF F.M. 2641 (REGIS STREET) FROM U.S. 87 (AMARILLO HIGHWAY) TO QUIRT AVENUE, 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. -35-192-534 "NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING (21) APPROVAL OF THE AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREAS NUMBERS 2 AND 11 "Pursuant to the provisions of the Urban Renewal Law of the State of Texas, notice is hereby given that the City Council of the City of Lubbock will meet at the City Hall in the City Council of the City of Lubbock will meet at the City Hall in the City Council Chamber on the 27th day of May, 1976, at 11:00 o'clock a.m., CST, at which time and place said council will conduct a public hearing on the question of, and will consider and determine whether or not it will approve amen;ed Urban Renewal Plans for the Community Development Rehabili- tation and Redevelopment Areas 2 and 11, as set forth on the attached Exhibit 1, entitled "Description of Urban Renewal Areas 2 and 11 and General Scope of Projects" by passing a Resolution substantially as follows: 'RESOLUTION APPROVING AND ADOPTING AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOP- MENT REHABILITATION AND REDEVELOPMENT AREAS NUMBERS 2 AND 11' 'WHEREAS, Amended Urban Renewal Plans for Community Development Rehabilitation and Redevelopment Areas 2 and 11, hereinafter set forth as Exhibits B and L, and made a part hereof, have been reviewed by and approved by the Planning and Zoning Commission of the City of Lubbock and by the Urban Renewal Agency of the City of Lubbock; and 'WHEREAS, the proposed Urban Renewal Plans conform to the general plan of development of the City as a whole and are compatible to the existing and proposed land uses, the thoroughfare plan, and recreational and community facilities of the area; and 'WHEREAS, a feasible method exists for the relocation of families or individuals who will be displaced from the Urban Renewal Areas in decent, safe and sanitary dwelling accomodations within their means and without undue hardship to such families or indivi- duals; and I ft 6" 'WHEREAS, the Urban Renewal Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the Urban Renewal Areas by private enterprise; J MAY 2 7 19► r r F F 'NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Amended Urban Renewal Plans for Community Development Rehabilita- tion and Redevelopment Areas 2 and 11, designated as Exhibits B and t jo this Resolution, be and are hereby approved and adopted.' "At the aforesaid public hearing, each person will be given full opportunity to be heard, either in person or by his counsel, relative to the subject being considered, and likewise to present to and file with the City Council for its consideration, his written comments and recommendations relative to the subject /s/ ROY BASS, MAYOR rvwr�19im /s/ Treva Phillips, City Secretary -Treasurer Area 11 is generally bounded by 36th Street on the north, 40th Street on the south, and Avenue A on the east, and Avenue D on the west. The amended activities proposed for this project consist of a change in the proposed land use for the property located on the south side of 36th Street, consisting of all of the west 210.1 feet, less the east 1221 feet thereof, of the ori- ginal Lot 1, Block 1, Ross Putty Addition, and all of Lots 2A, 2B, 2C, 3, 4, 5, 6 and 7 of Block 1, Ross Putty Addition to the City of Lubbock. The propsed land use will change from duplex to commercial. This change is necessary to bring the proposed land use for the area into con- formity with recent changes in zoning for the area. Area 2 is generally bounded by the property line of the Canyon Lakes Project on the north, North Avenue U on the east, Cornell Street on the south, and the westernmost property line of the Canyon View Subdivision on the west. The activities proposed by this plan amendment consist of the acquisition of four parcels for right-of-way and the construction of an industrial by-pass between Baylor Drive and Erskim Street. In accordance with the above Notice, a Public Hearing was held on Urban Renewal plan changes for Community Development Areas No. 2 and No. 11 in the Community Development Program. Orville Alderson Director of Urban Renewal appeared before the City Council showed drawing of proposed changes. M. Bass asked for persons who wished to speak, no one came forward, Mayor Bass declared the hearing w. closed. After consideration of all information presented, motion was made by Councilman Henry, secoi by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve changes as presented, and to pass the following resolution. RESOLUTION APPROVING AND ADOPTING AMENDED URBAN RENEWAL PLANS FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREAS NUMBERS 2 AND 11 WHEREAS, Amended Urban Renewal Plans for Community Development Rehabilitation and Redevelop- ment Areas 2 and 11, hereinafter set forth as Exhibits B and L, and made a part hereof, have been reviewed by and approved by the Planning and Zoning Commission of the City of Lubbock and by the Urban Renewal Agency of the City of Lubbock; and WHEREAS, the proposed Urban Renewal Plans conform to the general plan of development of the City as a whole and are compatible to the existing and proposed land uses, the thoroughfare plan, and recreational and community facilities of the area; and WHEREAS, a feasible method exists for the relocation of families or individuals who will be displaced from the Urban Renewal Areas in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families or individuals; and WHEREAS, the Urban Renewal Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the Urban Renewal Areas by private enterprise; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Amended Urban Renewal Plans for Community Development Rehabilitation and Redevelopment Areas 2 and 11, designated as Exhibits B and L to this Resolution, be and are hereby approved and adopted. Passed by the City Council of the City of Lubbock this 27th day of May, 1976. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer 76-35-193-535 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 5F--1-1 in the Guadalupe Urban Renewal Area to Raymond Hernandez Sosa for a consideration of $1,450.00 to be redeveloped as a single-family residence. � 76-35-193-536 a (23) 176-35-193-537 (24) I' I' 76-35-193-538 (25) Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 9D-11-17 in the NDP Fourth Action Year Area to Robert L. Hagan for a consideration of $1,700 to be redeveloped as a single-family residence. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 72270-1-32 in the NDP First Action Year Area to J.D. Badley for a consideration of $1,200 to be redeveloped as landscaping. Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor A 27 1976 Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. n F cnr 1rr rant A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. WHEREAS, the City Council on May 13, 1976 passed a resolution providing for the improvements of a portion of streets, highways, avenues and/or alleys in the City of Lubbock, Texas, and along the bound- aries of said City, and directing preparation of plans and specifications covering the streets, high- ways, avenues and/or alleys as named in said resolution and, WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT, the plans and specifications submitted by the City Engineer covering improvements contemplated by said resohtion, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made a part of said specifications covering the quantities of materials needed for said paving program as therein set out. AND IT IS SO ORDERED. PASSED AND APPROVED THIS THE 27th day of May, 1976. ATTEST: /s/ Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson, City Engineer /s/ Roy Bass, Mayor APPROVED: /s/ Fred 0. Segter, Jr., City Attorney -35-194-539 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (26) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny the claim for reimbursement to EPA and authorize further negotiations. -35-194-540 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (27) Bass, Councilmen West, Jordan, Henry and McAlister, voting Yea, none voting Nay to pass Ordinance No. 7267 on first reading. ORDINANCE NO. 7267 AN ORDINANCE ABANDONING CLOSING UTILITY EASEMENTS LOCATED IN PARTS OF SECTIONS 78, 10, 27, AND 36, ALL IN BLOCK A, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. -35-194-541 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and McAlister, voting Yea, none voting Nay to pass Ordinance No. 7268 on first reading. ORDINANCE NO. 7268 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer- tain specific funds out of bond funds for an approved project; WIDENING OF QUIRT AVENUE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT BOND FUND GWO 10868 The sum $3,703.25 For the following purpose: To relocate Steck Farm Trust irrigation facilities to clear right- of-way for Quirt Avenue Widening. Total costs--------------$3,703.25 -35--194-542 The City Council considered the Comprehensive Management Study of the Lubbock Police Department. (30) Mayor Bass asked for comments from Police Chief J. T. Alley. Chief Alley stated he agreed with the study in principle, but would suggest minor changes that could be worked out. Bill Evans of Cresap, McCormick and Paget, Inc., Management Consultants, appeared and answered questions of the members of the Council. Jack Jack Kastman appeared representing the Crime Committee, expressing the Committee's wish to have changes implemented as proposed in the study. E'l Ll I. 195 MAY 2 7 1976 Mayor Bass asked for anyone in the audience who wish to speak to come forward. No one did so. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, that the City Council go on record as favoring the report of Cresap, McCormick and Paget, Inc., and instruct the staff to do whatever is necessary for orderly implementation. -76-35-195-543 Motion was-fiade by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass (31) Councilmen West, Henry and McAlister voting Yea, Councilwoman Jordan voting Nay to pass Ordinance No. 7269 on first reading. ORDINANCE NO. 7269 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING ARTICLE II OF CHAPTER 3 THEREOF, ENTITLED "AIRPORT BOARD", BY AMENDING SECTION 3-13 THEREOF PROVIDING FOR BOARD MEMBERS, QUALIFICATIONS AND TENURE; AMENDING SECTION 3-16 THEREOF, PROVIDING FOR BOARD MEETINGS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-195-544 The City Council considered contract with the Chamber of Commerce regarding Convention and (32) Tourism Bureau. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman McAlister to approve contract between City and Chamber of Commerce. A substitute motion was made by Councilwoman Jordan to add "with the consent of City Manager", to paragraph 6 in the contract. This substitute motion died for lack of a second. Vote on the original motion to approve the contract was as follows: Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay; motion carried. (Contract set in on opposite page 195a.) 76-35-195-545 Items 34, 35, 36. (34,35 & 36) The City Council considered request of Mrs. Earlene Guess, 3716 70th Street, to waive alley pav- ing assessment or waiver of interest on assessment. The assessment amount is $169.40 and the interest is $50.81. The City Council considered waiver of interest in the amount of $240.26 for Emmett McKinney, Jr., at 4622 42nd Street for paving on Toledo Avenue. The Principal amount is $524.62. The City Council considered waiver of interest from 1967 through 1976 on property of Dorothy Phillips, 1312 66th Street. The principal assessment is $356.43. Fred Senter, City Attorney, discussed paving assessments, and interest. After discussion of these requests for waiver, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to deny requests for waivers, as set out in Agenda Items 34, 35, 36 above. 76-35-195-546 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (37) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve planned Use Report for General Revenue Sharing (7th Entitlement Period). 76-35-195-547 The following bids were received for replacement of Municipal Auditorium roof and Coliseum east (38) entrance way roof, being Bid No. 3858. 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 McAlister voting Yea, none voting Nay to accept the bid of Ajax Roofing Company, for replacement of Muni- cipal Auditorium roof and Coliseum east entrance way roof. ;76-35-195-548 The following bids were received for the purchase of a Waukesha gasoline engine for the Fire (39) Department, being Bid No. 3886. 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 McAlister voting Yea, none voting Nay to accept the bid of Waukesha - Pierce Industries, Hobbs, New Mexico, for the purchase of a Waukesha gasoline engine for the Fire Department. 76-35-195-549 The following bids were received for the purchase of black steel pipe for Water Production, being (40) Bid No. 3892. 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 McAlister voting Yea, none voting Nay to accept the bid of Lakewood Pipe, for the purchase of black steel pipe for Water Production. 76-35-195-550 The following bids were received for the purchase of pumps and motors complete with cable for (41) Water Production, being Bid No. 3891. 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 McAlister voting Yea, none voting Nay to accept the bid of Hydraulic Products Company, Incorporated. for % MAY 1976 the purchase of pumps and motors complete with cable for Water Production. 76-35-196-551 The following bids were received for the purchase of 15 tons of activated carbon for the Water (42) Treatment Plant, being Bid No. 3911. 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 McAlister voting Yea, none voting Nay to accept the bid of Thompson -Hayward Chemical Company, Oklahoma City, for the purchase of 15 tons of activated carbon for the Water Treatment Plant. 76-35-196-552 The following bids were received for the purchase of steel pipe, angle iron and steel sheets (43) for the Police Academy firing range, being Bid No. 3907. 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 McAlister voting Yea, none voting Nay to accept the bid of L. B. Foster Company for the purchase of Item 1; accept the bid of General Steel Warehouse, for the purchase of Item 2; accept the bid of W & W Steel Company for the purchase of Item 3; accept the bid of Harvard Pipe & Supply for the purchase of Item 4. 76-35-196-553 The following bids were received for the purchase of lumber of the Police Academy firing range, (44) being Bid No. 3906. 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 McAlister voting Yea, none voting to accept the bid of Maxey Lumber Company, for the purchase of lumber of the Police Academy firing range. 76-35-196-554 The following bids were received for the purchase of roof units (prestressed reinforced concrete) (45) for the Police Academy firing range, being Bid No. 3902 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 McAlister voting Yea, none voting Nay to accept the bid of Cocanougher Construction, for the purchase of roof units (prestressed reinforced concrete) for the Police Academy firing range. 76-35-196-555 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (47) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Mrs. Rudy Rice to the City -County Health Board to replace Joan Kindred who resigned. This term expires February 21, 1978. 76-35-196-556 Motion Was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (48) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Joe Horkey to the Tax Board of Equalization to replace 0. L. Byrd who resigned. 76-35-196-557 The City Council considered the appointments to the Convention and Tourism Bureau. After (46) consideration of all information presented motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to ratify Chamber of Commerce nominations as follows: Bob Dunbar and B. D. (Peck) McMinn; To request Chamber of Commerce to nominate another lady in place of Ethel McLeod, who is on Parks and Recreation Board; The City Council nominations are: Irvin Skibell Dr. Jim Granberry Dr. Floyd Perry Larry Corbin. 76-35-196-558 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (49) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to designate terms for Building Board of Appeals,as set out in Ordinance No. 7028. NAME TO EXPIRE 1. Marcus J. Aderton (Bud) 6-1-78 2. Bill Cox 6-1-78 3. Bertell Jackson 6-1-80 4. John Purser 6-1-80 5. Robert H. Whitaker 6-1-77 6. Raymond Powell 6-1-77 7. Mrs. Iris Stinson 6-1-79 197 MAY 17 07§ 76-35-197-559 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (50) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to request Community Services Department plus Bert Darden of Texas Employment Commission as ex-officio, to act as the City of Lubbock's Manpower Planning Committee. 76-35-197-560 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (51) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolu- tion be passed. P CM TTTTnikT WHEREAS, the City Council has determined that it would be in the best interest to authorize the City of Lubbock to participate with the Urban Mass Transportation Administration of the U.S. Depart- ment of Transportation in the update and revision of past Transit Studies, and to apply for assis- tance for such study from UMTA; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized to make application for a technical studies grant from UMTA with the Steering Committee (Metropolitan Planning Organization) of Lubbock Urban Transporta- tion Study, being the designated planning agency, and further authorizes the Mayor to accept such grant from UMTA in the event of its approval, and, The City of Lubbock does hereby agree to provide matching funds for such technical studies which shall be in an amount not to exceed SIX THOUSAND DOLLARS ($6,000.000) or 20% of the total study cost. Such matching funds shall be in cash or in -kind services. UMTA funds will not exceed TWENTY-FOUR THOUSAND DOLLARS ($24,000.00), or 80% of the total study cost. Passed by the City Council this 27th day of May, 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 76-35-197-561 A. C. Bowden, Chairman of the City -County Health Board appeared with recommendations regardirg an (10) interpretation of House Bill 878. After considerable discussion, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the City Attorney be instructed to seek inter- pretation by the Attorney General, as to what these terms mean and what this law has to do with it, taking whatever legal action necessary. The City Attorney was also instructed to get in touch with Judge Shaw in regard to this matter. Later, Fred Senter, City Attorney, stated he had talked with Judge Shaw, and that Judge Shaw had expressed that he is in favor of declaratory judgement instituted ty the City. He suggested a letter be written by the City Council to the Hospital District and Commissioners' Court expressing necessity for declaratory judgement suit to clarify some ambiguities in the statutes, and ask the Court to declare and construe this vagueness, of interest to the City because of City -County Health Unit; that it is an urgent matter, and should be settled now because of the teaching hospital and budgeting process. Consensus of the Council was to authorize the Mayor to write such a letter to the Hospital District and Commissioners' Court, informing of the City's intent to pursue declaratory judgement. 76-35-197-362 Marvin Coffee, Director of Aviation, appeared before the City Council and made the following Board (11) recommendations: a. Consider Certificate of substantial Completion to Vecta Group, Inc., for furnishings in the air terminal building. b. Consider resolution authorizing the Mayor to execute Change Order No. 1 to contract with Cyclone Fence Sales. c. Consider resolution authorizing the Mayor to execute Change Order No. 2 to contract with Cyclone Fence Sales. d. Consider selection of an architect for remodeling a portion of the old terminal building. e. Consider the request of Southwest Airlines to the Texas Aeronautics Commission for service into Lubbock. 76-35-197-363 Motion was made by Councilmen West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (lla) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that a Certificate of Substantial Completion to Vecta Group, Inc., for furnishings in the air terminal building be passed. PROJECT: Public Area Seating for Lubbock (Name, address) Lubbock Regional Airport Terminal Building, Lubbock, Texas ARCHITECT: Whitaker and Hall Architect & Engineers, Hellmuth, Obata, & Kassabaum, Inc. ARCHITECT'S PROJECT NUMBER TO (Owner City of Lubbock, Texas CONTRACTOR: Vecta Group, Inc. CONTRACT FOR: $98,107.69 CONTRACT DATE: January 27, 1975 198 MAY,.,2 7.1976 DATE OF ISSUANCE: May 5, 1976 PROJECT OR DESIGNATED AREA SHALL INCLUDE: All Work The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion is hereby established as April 11, 1976 which is also the date of commencement of all warranties and guarantees required by the Contract Documents. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which is intended. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is appended hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. No Deficiencies Whitaker and Hall Architects and Architect Engineers /s/ Yancey L. Jones 5/5/76 The Contractor will complete or correct the Work on the list of items appended hereto within --- days from the ibove Date of Substantial Completion. No Deficiencies Vecta Group, Inc. /s/ Robert W. Krojewshi 5/6/76 Contractor The Owner accepts the Work or designated portion thereof as substantially completed and will assume full possession thereof at 12:01 AM CST (time) on April 11, 1976 (Date. City of Lubbock, Texas /s/ Roy Bass, Mayor 5/27/76 The responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance shall be as follows: (NOTE - Owner/s and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage) All maintenance and insurance responsibilities shall be assumed by the owner as of 12:01 AM CST April 11, 1976. 76-35-197-364 Motion was made by Councilmen West, seconded by Councilman McAlister, motion carried, Mayor Bass, (llb) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolu- tion be passed authorizing the Mayor to execute Change Order No. 1 to contract with Cyclone Fence Sales. 110KIM90961,011 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 Change Order No. 1 to a Time Extensions and Gate Modification Agreement to a Contract between the City of Lubbock and Cyclone Fence Sale, U. S. Steel Corporation, covering security fencing at the Lubbock Regional Airport, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of May, 1976. ATTEST: _/s/_T_reva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney TO: CYCLONE FENCE SALES U. S. Steel Supply Division U. S. Steel Corporation P. 0. Box 5466 Arlington, Texas 76011 /s/ Roy Bass ROY BASS, MAYOR CHANGE ORDER NO. 1 Security Fencing Lubbock Regional Airport Lubbock, Texas ADAP Project No. 8-48-0138-07 Contract No. 1 General description of work included in contract: The construction of approximately 15,000 feet of 6-foot chain link security fencing and approximately 22,675 feet of barbed wire fence, including gates and other accessories and appurtenances and related items of work. Original amount of contract ------------------------------------------ $ 114,810.56 Change Order No. 1---------------------------------------------------- 1,380.00 Adjusted Contract Price ---------------------------------------- $ 116 190 56 Adjustment in Construction Time: Original Time for Completion 180 Days Change Order No. 1---------- Add 120 Days Adjusted Time for Completion----- 300 Days 199 MAY 2 7 '1916 WHEREAS, it is desirable to make changes in the work to be constructed under this project; AND WHEREAS, during the construction time provided by the contract, other contractors were performing work for the Owner at the job site; the work of these contractors in certain instances conflicted with the work of this project resultin in the loss of working time on this project; AND WHEREAS, during the construction time provided by the contract, work was delayed on this project to allow for the harvest of crops resulting in the loss of working time on this project; AND WHEREAS, work as added by this Change Order No. 1, requires additional time for delivery and installation of these added items of work; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and the Contractor agree to accomplish the addition of security control to the bottom of four gates adjacent to the new airport terminal building. This was added to provide the required security beneath these gates at the respective driveways. The aforementioned changes, and work affected thereby, are subject to all contract stipulations and covenants. The Owner and Contractor agree that the work required to accomplish the above listed changes shall be paid for at the lump sum price of $1,380.00 The Owner and Contractor agree that the time allowed for the completion of the project shall be extended 120 calendar days. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 27th day of May, 1976. RECOMMENDED: PARKHILL, SMITH & COOPER, INC. Consulting Engin. BY , , 51976 APPROVED: CYCLONE FENCE SALES, Contractor BY , 1976 APPROVED: CITY OF LUBBOCK, TEXAS, Owner BY /s/ Roy Bass, Mayor May 27, 1976 ATTEST: /s/ Treva Phillips, City Secretary 76-35-199-365 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (llc) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolu- tion be passed authorizing the Mayor to execute Change Order No. 2 to contract with Cyclone Fence Sales. RACM TTTTfITT 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 Change Order No. 2 to an Additional Fencing Agreement to a Contract between the City of Lubbock and Cyclone Fence Sale, U. S. Steel Corporation, covering security at the Lubbock Regional Airport, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of May, 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 /s/ Roy Bass _ ROY BASS, MAYOR CHANGE ORDER NO. 2 Security Fencing Lubbock Regional Airport Lubbock, Texas ADAP Project No. 8-48-0138-07 TO: Cyclone Fence Sales Contract No. 1 U. S. Steel Supply Division U. S. Steel Corporation P. 0. Box 5466 Arlington, Texas 76011 General description of work included in contract: The construction of approximately 15,000 ;I feet of 6-foot chain link security fencing and approximately 22,675 feet of barbed wire fence, including gates and other accessories and appurtenances and related items of work. Original amount of contract ---------------- ----------- $ 114,810.56 Change Order No. 1---------------------T-------------- 1,380.00 Change Order No. 2--------------------------------------- 31,671.00 Adjusted Contract Price-------------------------------- $ 147,861.56 W61 Adjustment in Construction: Original Time for Completion 180 Days Change Order No. 1---------------- Add 120 Days Change Order No. 2--------------- Add 90 Days Adjusted Time for Completion------ 390 Days WHEREAS, it is desirable to make changes in the work to be constructed under this project: THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and the Contractor agree to the changes as follows: Construction of approximately 23,600 feet of barbed wire fence including gates, removal of existing barbed and woven wire fencing, and other accessories and appurtenances and related items of work. This fencing will be installed around the northern part of the airport to complete airport security. The above work shall be as shown on Sheet 9A of 9, titled "Fence Layout for North Fencing", dated May, 1976. The aforementioned changes and work affected thereby, are subject to all contract stipulations and covenants. The Owner and Contractor agree that the work required to accomplish the above listed changes shall be paid for at the unit prices set forth in the Proposal attached hereto. The quantities for payment shall be determined as specified in the contract documents. The estimated cost of the above listed changes is an increase of $31,671.00. The Owner and Contractor agree that the time allowed for completion of the project shall be extended 90 calendar days. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 27th day of May, 1976. RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers BY 1 , 21976. APPROVED: CYCLONE FENCE SALES, Contractor BY ,1976 APPROVED: CITY OF LUBBOCK, TEXAS Owner BY /s/ Roy Bass, Mayor, May 27, 1976. ATTEST: /s/ Treva Phillips, City Secretary PROPOSAL CHANGE ORDER NO. 2 NORTH SECURITY FENCING ADAP PROJECT NO. 8-48-0138-06 CONTRACT NO. 2 Item Quantity No. & Unit Description of Item and Unit Prices Total Amount 1 23,600 5-Strand Barbed Wire Fencing with L.F. Steel Posts, per linear foot: One Dollar and Ten Cents ($1.10) $ 25,960.00 2 5 32-ft. Double Swing Panel Gate in Barbed Wire Each Fence, each: Two Hundred Ninety-five Dollars and No Cents ($295.00) $ 1,475.00 3 3,700 Remove and Salvage Existing Barbed Wire Fence L.F. with Posts, per linear foot: No Dollars and Twenty -One Cents ($0.21) $ 777.00 4 7,100 Remove and dispose of Existing Woven Wire Fence, L.F. Salvage Posts and Barbed Wire, and Grade Site, per linear foot: No Dollars and Forty-six Cents ($0.46)$ 3.266.00 5 10 Reflectorized Barrier Signs, each: Nineteen Each Dollars and Thirty Cents ($19.30) $ 193.00 PROPOSAL - CHANGE ORDER NO. 2 BID ITEMS 1 THROUGH 5 INCLUSIVE $ 31,671.00 76-35-200-366 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass (lld) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept consideration of Airport Board and select Bill Cantrell Planners, Inc., architect for remodeling a portion of the old terminal building, for $7,800 (flat fee). 76-35-200-367 Jerry Stelter, Chairman of the Airport Board appeared and presented the following recommendation of the Ul e) Airport Board: "An appropriate official should attend the TAC hearing and testify that Lubbock endorses the approval of Southwest Airlines application to serve Lubbock, subject to limitations of no more than two flights in and two flights out in any 24-hour period to any city on the route as designated until the effect on the Lubbock market is ascertained." Terry Wimmer, President, Student Association, Texas Tech University appeared in support of request of 201 MAY 2 7 L Southwest Airlines. After discussion, motion was made by Councilman Henry, seconded by Councilwoma Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, that the City Council defer action on this item at this time, and seek information in regard to passenger destinations and origin of flights to and from Lubbock with the understanding that Council plans to make a statement at the TAC hearing in Austin July 20; and that this item be placed back on the agenda for June loth, 1976 City Council meeting. Later, motion was made by Councilman McAlister, seconded by Councilman West, to reconsider Item No, lle. This motion failed by the following vote: Councilmen West and McAlister voting Yea, Mayor Bass, Councilwoman Jordan and Councilman Henry voting Nay. 76-35-201-368 The City Council considered request to enforce deed covenants in Manhattan Heights. Larry Dyer (33) stated he and Jerrell Northcutt, Zoning Administrator and Earl McDonald, of Public Services Depart- ment had made inspection of the area; that many violations were evident. 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 McAlister voting Yea, none voting Nay, to instruct Environmental Control Department to strictly enforce City ordinances and state laws regarding junk vehicles, weeds and other environmental problems in Manhattan Heights Addition, and that the property owners in Manhattan Heights Addition area be encouraged to form an association to police and encourage their neighbors to abide by the deed restrictions in their titles. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, MAY 27, 1976. P___r ROY BASS, MAYOR ATTEST: Treva Phillips, Ci Secretary -Treasurer READ AND APPROVED THIS THE 10th day of June, 1976. _ 1� ROY BASS, MAYOR ATTEST: Treva Phillips, Cit Secretary -Treasurer