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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/12/1979D&C 12 1979 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 12, 1979 9:30 A. M. The City Council of the City of Lubbock, Texas, met for its regular meeting on Wednesday, December 12, 1979, at 9:30 a.m. in the Council Chambers, Second Floor, City Hall. Those present: Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan, Councilman Bill McAlister, Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary - Treasurer Evelyn Gaffga. Absent: None 79-381774-1323 The Invocation was given by Jim Blagg, Assistant City Manager. ( 1) 79-38A774-1324 The Pledge of Allegiance to the Flag was given in unison by those ( 2) present in the Council Chambers. 79-38A774-1325 Approval of Minutes - Regular City Council Meeting, November 29_, 1979. 79-389774-1326 ( 4) 79-389774-1327 (4-A) 79-384774-1328 ( 5) } The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve the minutes of the Regular Meeting of November 29, 1979. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Citizen Appearances Proclamations "Reese Christmas Classic Week" - December 10-16, 1979 Receiving: Major Jack Cusano Al Ourado, Credit Union Representative Airman of the Month - November, 1979 Airman First Class Jeffrey Francis At 9:40 a.m., Mayor Dirk West announced that an Executive Session would be held for the purpose of considering matters of land acquisition. This announcement was made in accordance with Art. 6252-17, Section 2-F, V.A.T.S. Ordinance No. 7966 An appropriation ordinance from the Traffic Signal Bond Fund for installation of a traffic signal at 82nd and Slide Road. FORM L-2 ORDINANCE NO. 7966 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific 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 fund, to -wit: TRAFFIC SIGNAL BOND FUND The sum $ 20,000.00 DEG 12 1979 79-38A775-1329 ( 6) 79-38A775-1330 ( 7) 79-381775-1331 ( 8) 79-384775-1332 ( 9) For the following purpose: Labor and materials to install a traffic signal at 82nd and Slide Road. AND IT IS SO ORDERED Passed by the Council on first reading this 29th day of November , 1979. Passed by the Council on second reading this 12th day of December ,:I1979. /s/ Dirk WEst f MAYOR ATTEST: /s/ Evelyn Gaff a CITY SECRETARY -TREASURER VERIFIED BY: /s/ J. C. Blaggl' FINANCE OFFICER APPROVED BY: /s/ B.McDaniel Traf. Engr. HEAD OF DEPT. DEPT. Ordinance No. 7961 - Zone Case 2118-C An ordinance amending the site plan on a tract of land out of Section 15, Block E-2 City of Lubbock, Lubbock County, Texas (located at. 92nd St. and Vicksburg Avenue). ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK SO AS MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2118-C; CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS TO AMEND THE SITE PLAN; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 7962 Zone Case 2260 An ordinance reguesting the change of Lots 1A, 1B, 1C, 1D, lE 1-F, 2-A, 2-B, 2-C, 2-D, 2-E and 2-F, Block 2, Milton Addition City of Lubbock, Lubbock County from C-4 to M-1 Zoning (located at 515 Amarillo Road), subject to the following condition: 1. That Lots 2-C 2-D 2-E and 2-F be granted M-1 zoning. 7961 ORDINANCE NO. 7962 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2260; CHANGE LOTS 2-C, 2-D, 2-E, AND 2-F, BLOCK 2, MILTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO M-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE I AND PROVIDING FOR PUBLICATION. f Ordinance No. 7963 - Zone Case 1660-E LGB:cl ORDINANCE NO. 7963 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1660-E: CHANGE LOT 2, AGEE-PHARR ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TROM R-1 TO AM ZONING DISTRICT; PROVIDING FOR A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE ;AND PROVIDING FOR PUBLICATION. I Ordinance No. 7964 - Zone Case 2224-A An ordinance reque§_tjllg a Specific Use Zone change from R-1 to R-1 Specific Use Permit under provisions of Section 22.3-2 of the Zoning Ordinance for townhouses on a tract of land out of Sec. 9, Block E-2 t4M-38A776-1333 (10) W 79-3811776-1334 (11) 79-38d776-1335 (12) I r UP 12 and Lots 114-119 and Lots 134-139, Western Meadows Additlon UILY 01 Lubbock CountX, from R-1 to R-2 Zoning District (located from 56th St. to 58th St., between York Avenue and Slide Road). ORDINANCE NO. 7964 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2224- A; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON: CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE LOTS 114 THROUGH 119 AND LOTS 134 THROUGH 139, WESTERN MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 7965 - Zone Case 2225 An ordinance requesting the Block A-K, city of Lubbock, and R-1 Specific Use Zoning and North of 66th St.). e of a tract of land out of Sec. 36, Lubbock County, from R-1 to R-2, A-1, C-L District (located west of Frankford Avenue ORDINANCE NO. 7965 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2255; CHANGE TWO TRACTS OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS THEREON; CHANGE TWO TRACTS OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT; CHANGE TWO TRACTS OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinances 7966, 7961, 7962, 7963, 7964 and 7965 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7899 An ordinance abandons Town, L and closing a utility easement located in Block ck, Lubbock County,_ Texas. ORDINANCE N0. 7899 AN ORDINANCE ABANDONING AND CLOSING A UTILITY EASEMENT LOCATED IN BLOCK 54, ORIGINAL TOWN OF LUBBOCK, 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. Resolution No. 358 A_ resolution authorizing the Mayor to execute a Quitclaim Deed Southwestern Newspaper Corporation d/b/a Lubbock Avalanche-Jou (tied to Ordinance No. 7899, above). RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Southwestern Newspaper Corporation dba Avalanche Journal, a Delaware Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of December , 1979. ATTEST: /s/ Dirk WEst DIRK WEST, MAYOR /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /sl J. Worth Fullin im I Wnrrh F,illineim. Asst. City Attorney APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, R.O.W. Agent Til. D} Ci 12 1979 QUITCLAIM DEED THE STATE OF TEXAS 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 N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Southwestern Newspapers Corporation dba Avalanche Journal, a Delaware Corporation 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 utility easement, except the South 60 feet thereof, described as that utility granted by the Avalanche -Journal Publishing Company unto the City of Lubbock, Texas dated October 3, 1956, and filed for record October 30, 1956 at Volume 636, Page 680-681 (inclusive) of the Deed Records of Lubbock County, Texas, said easement being incorporated herein by reference as if fully copied herein by reference in this place for a more particular description thereof. The said South 60 feet of said easement is hereby retained by the City of Lubbock for itself, the public, and public utilities franchised by the City of Lubbock. 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, its successors 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. 1979. WITNESS MY HAND AT LUBBOCK, TEXAS this ATTEST: /s/ Evelyn Gaffgya Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, R.O.W. Agent 12th /s/ Dirk West DIRK WEST, MAYOR day of December , The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No. 7899 on second and final reading, and to pass Resolution No. 358, referenced above. Motion carried: Mayor Dirk West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38A777-1336 Ordinance No. 7969 (13) An ordinance amending Ordinance No. 924) Sec. 9-B which relates to the method of naming streets. It was called to the Council's attention that there were several present in the Council Chambers who wished to address this matter; therefore, BY CONSENSUS the Council agreed to allow those present in the Council Chambers to speak to the above item in the order in which they were registered: C Ll DEC 12 01 Theron Cole Mr. Cole commented that a meeting was held in East Chairman, Human Lubbock to which the members of the HRC were invited. Relations Commission He will ask other members of the Commission to speak to this matter. £Joan Ervin Ms. Ervin reiterated Mr. Cole's comments to the effect that on December 11, 1979 in the evening, there was a meeting in East Lubbock to which members of the HRC were invited, five members of the Commission being present. The meeting covered three points: (1) there is total support of the Black community with respect to changing Quirt Avenue to Dr. Martin Luther King Blvd; (2) the hand-picked "Uncle Toms"' do not repre- sent the Black masses; and the undersigned on the petitions circulated support the name change; (3) the Black community requests the Council to reconsider the issue and to allow the Black community's input. Harold Chatman Mr. Chatman indicated that the Council represented Member Ad Hoc Advisory "all" of Lubbock, but he was in doubt; that at Committee, HRC previous considerations of this issue, the discussion was not held at the time scheduled, but was conducted earlier; that the news media reported that the Council was against amending the proposed ordinance; that the Council did not consider any of the alternatives as suggested by the HRC; that the Park Board voted to uphold the policy to name the Lakes only after local people. (At this time Mr. Chatman presented numerous petitions, which are on file in the office of the City Secretary.) Gilbert Herrera The Chicano community supports this request changing the name of Quirt Avenue to Dr. Martin Luther King; that unless the request is granted that both communit- ies will not "stop" until the name change has been accomplished, if that takes litigation, if that takes marches, if that takes taking the issue state-wide. Reverend Ezra Anderson If 50th Street, Indiana Avenue, or 34th Street were Co-founder, Ambassadors to be renamed, a confrontation would not result, but for Christ this is a street that is travelled primarily by the Black people and is a request of the Black community; that apparently it will require reverse psychology to have any of east Lubbock's requests fulfilled; that "we" can stand on our own two feet and will not be satisfied with anything less; that "we" will do what ever it takes to get this accomplished; that "we" too have a dream in Lubbock and it will be accomplished; he concluded by requesting the Council to reconsider their decision. Imam Shakir Hasseez Muhyee This gentleman prefaced his remarks with the 928 E. Municipal Dr. statement that the Muslim faith is one where the (member, Muslim individual submits to the Will of God; this issue congregation) concerns human rights; Dr. King represented freedom of the people and succeeded in achieving freedom for the people. In essence, his comments requested the Council to reconsider this matter appealing to their spiritual well-being. Elton Conger Mr. Conger's comments reflected his displeasure at naming Lake 5 in honor of Dr. King, referring to it as a "cesspool". Michael Mathews There was conflict in designating streets as reflected in Ordinance No. 924; that the Council's decision would have a direct effect at the next election; that most of the Black community voted for those who are now members of the Council, but this could change decisively at the next election; requested the Council to reconsider their decision. Caddo Lane Mr. Lane spoke on behalf of the Minister of Pres., Interdenomination Alliance of East Lubbock Churches, his comment's Alliance reflecting that East Lubbock was only asking for "crumbs", not a delicious meal; requested the Council to reconsider their decision in renaming Quirt Avenue. Reverend Pearson One of the principal factors in this issue is the Pastor, Bethel African need for the East Lubbock community to be recognized, Episcopal Methodist and renaming Quirt Avenue is a method by which this Church can be accomplished; that members of the Council were put into office by East Lubbock voters and they can be removed from office in the same manner. 119 UDC 121979 Eddie Solis Mr. Solis expressed concern over the status, purpose Member, HRC and meaning of the HRC, inasmuch as they came to the Council with a recommendation on this issue, it gives him cause of concern as to the future of the HRC Commission and its effectiveness; that West Texas is the last bastion of redneck -ism, and this image needs to be corrected in his opinion; he requested the Council to reconsider their decision. Eziekel ?? This gentleman is a citizen of the Mexican -American community and recognized the members of the Council as intelligent individuals and requested their it support of the East Lubbock community on this issu6. Bryant Strong Mr. Strong indicated that the existing ordinance (silo. 924) was full of contradictions as it relates to naming a street; that the Council needs to seriously consider the meaning of the opposition as presented today - !that this is not a subtle form of racialism, but a blatant form of racialism; that the Council should study tt-�4�.e writings of Dr. King to understand the meaning of &e wishes of the East Lubbock residents; (turning to t��he crowd) we must exercise our right to vote in Aprill!at the next City election and express our feelings on this matter. Mayor West asked Mr. Cole to respond to some comments he had made in the letter from the Human Relations Commission to members of the Council dated December 11, 1979, to which Mr. Cole responded that the HRC had made their request known to the Council at the public hearing held on October 25, 1979 and a subsequent luncheon meeting with the Council. Council members responded that they had received innumerable phone calls and letters addressed to them officially, but at their business address, to which Mr. Cole responded that apparently phone calls and letters were of greater importance to members of the Council than the signatures (referring to the petitions filed on this date), to which the response was that it does not necessarily carry more weight, but it takes more effort to make a phone call and to write a letter than to sign a petition; Councilwoman Jordan indicated she had recei d fifty to seventy-five calls and letters on this issue alone, that the statement the Council is unresponsive is erroneous as the records will refct they have given attention to every discussion, public hearing, personal comments and contacts relating to this issue. With respect to the precedent it would set for renaming streets for other individuals, Mr. Cole indicated that Houston, Austin and San Antonio had experienced no difficulty with this mat r to his knowledge; however, exact data had not been gathered and possibly a more detailed survey should be made. After very lengthy and emotional discussion and presentations, the Mayor recessed this portion of the agenda to allow for a public hearing posted for 11:00 a.m. indicating this matter would be taken up again at 1:30 p.m., Mr. Froy Salinas, representative of the State Legislature appeared addressing his remarks to the feeling of his constituents reflecting unanimous support for this request; that Lubbock's image with respect to minorities creates problems in working out legislative matters in Austin; that to his knowledge, Houston and Austin had not experienced any precedent -setting instances after they renamed one of their major boulevards for Dr. King; that as an alternative, Quirt Avenue could be named in segments, that is, South Quirt could be Industrial Drive inasmuch as the industrial area is located there, 34th Street to the Loop could be named in honor of Dr. Martin Luther King inasmuch as it is the borderline of the East Lubbock community, and north of the Loop could be renamed Airport Drive inasmuch as it is the main artery to the Lubbock International Airport. The Council's summation was that it would be unfortunate for this issue to polarize the entire Lubbock community and they readily recognized the strong; feelings and strong convictions exemplified today, that to issue threats and ultimatums as have been expressed in the morning discussion was regretable and would not benefit the community in any way. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to table the second reading of the above referenced ordinance to allow more time for the HRC to gather information from other communities that havi experienced a street name change. Motion carried: Mayor West, Mayor Pro Tim Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; noJ6 voting Nay. 79-384-779-1337 Hold a public hearing on the 1980-81 Community Development annual a2plicatian. (14) In accordance with a Notice posted at City Hall, a public hearing was held on the above matter. t F Up Mayor West called upon Jim Bertram, Director of Planning, to make any comments he cared to make before the appearances of interested citizens. Mr. Bertram indicated that the following items had been recommended by the Community Development Advisory Committee, to -wit: Construction Day Care Center No. 2 $250,000 Arnett Benson Rehabilitation $652,840 Bean School Rehabilitation $247,404 Meadowbrook Villa Rehabilitation $156,794 Elston Rehabilitation $133,731 Phyllis Wheatley Rehabilitation $328,205 Posey Rehabilitation $191,106 Stubbs School Rehabilitation $114,919 Land Acquisition -South Overton Park $110,000 Weatherization Program $ 25,000 George Woods Community Center $139,402 Park Irrigation Projects: Rogers Park $ 30,000 Washington Park $ 18,000 Guadalupe Park $ 12,000 Access Road to Faye Huffman Athletic Complex $ 45,000 Emergency Shelter -Battered persons $ 60,000 CDDG Code Enforcement $159,000 Intensified Code Enforcement $ 67,000 Land Use Plan Update $ 2,100 Neighborhood House $ 75,000 Sidewalks to Estacado and Hunt $ 58,000 Security Patrol-Greenfair $ 43,500 Presbyterian Center--Chatman Hospital $ 45,000 Access to the South Side of Lake 6 $ 92,500 CD Administration $ 91,500 Indirect Cost Allocation $ 42,793 Contingency $119,403 To an estimated attendance of ninety-seven present in the Council Chambers, Mayor West then called for any of those wishing to speak on the respective items as submitted, stating that the purpose of this was for a public hearing on the annual application and this was not a time for making a final decision. Matt Mathews Their request is for the purpose of remodeling Executive Director, Neighborhood an existing structure consisting of three House rooms; their programs are designed for children and the elderly primarily; they give emergency assistance, the last years assistance totaling ten thousand and sixty two individuals; their purpose is to develop self-help and to encourage the development of personal pride; that there would be no problem of securing ownership as the structure would be transferred to the local Board. Discussion reflected that they had not gone through the regular procedures of the Community Planning Council seeking their approval, and as a result their result had not been approved by the United Way. Mayor Pro Tem Henry commented that it had been the Council's policy to attempt to assist as a capital project one agency funded by the United Way. Merritt Clark Mr. Clark endorsed the request for neighbor - Chairman, Benevolent Committee hood house indicating that the First Baptist First Baptist Church Church had been longtime supporters of this activity and the Organization served as the clearing house for the Ministerial Association, that about thirty churches were contributing to their assistance. Adolphus Cleveland Mr. Cleveland wanted to publicly go on record Staff member, Neighborhood House as endorsing the request for Neighborhood House. Charles Kellogg, Jack Driskell The Lubbock Soccer Association These gentlemen requested consideration for the development of soccer playing fields adjacent to the Huffman Athletic Complex, that land was available for its development and the activity would be compatible to the Huffman Athletic Complex; (a portfolio was distributed to members of the Council giving a little of the historical data of the Associa- tion as well as it's outreach.) Mr. Driskell indicated that there were four thousand U� C 12 1979 D. C. Fair Lubbock Housing Authority Vanzetta Carney Fulton Berry Security Coordinantor, Lubbock players involved in the Lubbock Soccer Associa- tion utilizing some thirty playing fields; that the requested playing fields adjacent to Huffman Athletic Complex would provide three things - it would allow the parks I system to be restructured for other activities, it would provide safety for the children eliminating chasing a ball out into the street, and it provides family type enjoyment. Mr. Driskell went on to say that soccer is played on a different type of turf and tfie present activity is very detrimental to the existing playing field, that it is one of, the most economically acceptable sports in that it costs very little for the initial equiip- ment; that it would be very beneficial to the concession business for the City inasmuch as soccer tournaments are very well attenitded, 11 the North Texas Soccer Association now having sixty two thousand participants from whieh various tournaments are organized and conducted. Mr. Fair requested additional funding for their security program, that it had aided a great deal in eliminating crime and vandalism and destruction to the properties located in Greenfair Manor. That due to the security program there had been established a good relationship with the Police Department. Ms. Carney is a resident of Greenfair Manor for fourteen years, and commented that with the security patrol the vandalism has ceased and the safety for women and children ha�,,i++'e greatly increased, and she urged consideration of this funding. 11 Mr. Berry's comments reflected those stated above in that the crime and property destruc- tion at Greenfair Manor area had decreased considerably with the implementation of the security program; that the security officers are off -duty Lubbock Police officers. Crystal Womack Ms. Womack spoke on behalf of the George Woods Community Center, and the need for renovation and expansion of the Center; float the acoustics are bad, there is very poo ventilation, the outside lighting is pradtically nil, that the meeting room is so small oril1y one activity can be conducted at a time; their iimarily program at the Center is for families, p children and senior citizens. Vera Newsome i Ms. Newsome likewise endorsed the renova ion and expansion of the George Wood Center so that it will be a source of pride to the people in that community. George Nelson On behalf of the The existing structure is sponsored by t e Shelter for Women's Battered Persons Protective Services who own the structure located at 1602 Avenue L, which was donated by Xen Oden to be used as a shelter; that t e structure needs renovating and a search is now in progress to locate new facilities whip would require less expenditures both in renovar on and in operation; that the report from th Community Planning Council reflects there is a need for a community -wide shelter; thaC; the Organization serves all social -economic Afe- styles in the City; that a nonprofit orgLization cannot acquire funding for administrativa- services until a physical structure is available and that is their present predicament. (Following a luncheon recess and completion of the discussion of the agenda item posted above, the 1:50 p.m.) Community Development hearing proceeded at approximately Dr. Jack Hayes Dr. Hayes was appreciative of the six Presbyterian Center month contract for the Center to use the Posey Center as temporary quarters; that costs for renovating Chatman Hospital had recently been released by Joe McKay, 1 U� architect, for $134,000 which was vastly different from the $8,000 that he first appealed for, for the use of repairing the heating system; that there appeared to be two alternatives - (1) relocate in Greenfair Manor, renovating two or three of the apartments for their medical facilities, or (2) work in cooperation with the City and the Health Department using the facilities at Posey Center. Dr. Hayes indicated they were making application for a Grant and were optimistic in being approved. If one of the alternatives above could be achieved, the $45,000 allocated in CD funds could be released for other projects. Debbie Martinez The Rodgers Community Center is badly in Member Advisory Board, Rodgers need of remodeling to enlarge the Social Community Center Hall, that small meeting rooms are unusable due to recent vandalism, their programs are primarily for children and the elderly (she submitted a petition signed by the children of the Center asking the Council's consideration to this request), that it had been fourteen years since there had been any improvements to the structure, and to do so would increase community pride. Almeda Bunton Ms. Bunton endorsed the approvements necessary for the George Woods Community Center. Larry Bridges (It was stated at this time that this On behalf of Recreation Vehicle Organization was ineligible for Community Owners Development funds, in that the guidelines state that any project must benefit low -and - moderate income individuals, and obviously this organization does not qualify.) Mr. Bridges's remarks indicated that their parking facility in MacKenzie State Park had been eliminated with the expansion of the Meadowbrook Golf Course, and at the time they had been promised new facilities, which present Council members concurred. He, too, submitted a petition signed by RV Owners requesting action from new facilities, indicating that their preference would be in the Canyon Lake area. John Alford, Parks and Recreation Chairman, present in the Chambers, indicated there was an area east of the Park on East Parkway that had been contemplated for this purpose but the cost of preparation of the grounds and facilities with the electrical outlets and so forth had proven rather extensive. Mr. Bridges again indicated that the Association would prefer the Canyon Lakes area. Mrs. Flora McNeal Ms. McNeal spoke to the issue in that the Resident, Floydada Organization members come to Lubbock for various activities - basketball, football games, shopping, medical reasons, and various other activities, whereby they use their vehicle facilities for lodging and other activities. Lucy Perzan Ms. Perzan's remarks endorsed the construction of the recreational vehicle facilities. There being no further appearances or presentations at this time, the hearing was declared closed. (See minutes of Work Session, December 12, 1979 on file in the office of the City Secretary.) 79-38)1782-1338 Consider setting a public hearing date and time to consider_ annexation of (15) Lubbock Childern's Home, and authorize advertisin& same. The officials of the Home stated that their immediate problem is the poor quality of their ground water and their need for fire protection and sanitary sewage disposal; the Home houses 120 children at the present time. '18 3 C 2 1979 79-3 A783-1339 (16) The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to hold a public hearing on this matter at 11:00 a.m. January 10, 1980. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider the request of Texas Bank to modify policy regarding median removal in order to provide median break on University Avenue. At the November 29, 1979 Regular Council Meeting, this matter was discussed at great length and the minuted action reflects that the staff work to gather additional cost determinations in order to better clarify the projected costs for the total median cut if the request of the Texas Bank is approved. That data was submitted as follows: Parks Department (2) 2" electric valves, 1 hour each at $5.00 per hour $10.00 (10) pop-up irrigation heads, 2 1/2 hours at $5.00 per hour 12.50 (1) Quick coupler valve, 1 hour at $5.00 f� per hour 5.00 1 (1) concrete planter (moved and relocated) 100.00 (2) six-inch pinon pines, $100 each (dug up and relocated) 200.00 (2) six-inch golden raintrees, $100 each (dug up and relocated) 200.00 (1) two-inch water meter (moved and relocated to the south) 200.00 Sub -total $ 727.50 Approximately $500 in pvc pipe will be lost and covered up 500.00 Total $1,227.50 Lubbock Power and Light (2) street light standards relocated at $500 each $1,000.00 Engineering Department Kerr Construction Concrete only--$13,057.38 Asphalt & Concrete W. D. Turner -- 12,997.88 Concrete only-- 23,908.86 Asphalt & Concrete -- no bid Up-to-date traffic volume counts are being made on 19th Street and on University Avenue by the Texas Highway Department. The last count made in 1976 reflected 37,050 cars on 19th Street west of University and 28,580 cars on 19th Street east of University; 34,680 cars on University north of 19th Street; and 25,360 cars on University south of 19th Street. The medians were designed to facilitate a very through -traffic movement. In August, 1977, north -side left -turn lanes on 19th Street were provided; since that time there had been 15 traffic accidents involving these left - turn lanes. On October 26, 1978, the City Council passed a resolution stating that "adjacent property owners shall be responsible for all costs for all median modifications and removal". From a legal point of view, the project at this intersection was financed by proceeds of bonds sold that were authorized by the citizens of Lubbock. The question in the City Attorney's mind has to do with providing safety for all citizens, and a recent court case in California reflects "The Court held that where a plan or design of a construction of or improvement to public property, although known to have been reasonable approved in advance, or prepared in conformity with standards previously so applied, as being safe, nevertheless, in its p k-C 12 1971, actual operation under changed physical conditions produces a dangerous condition to the public property and causes injury, the public entity does not retain the statutory immunity from liability." The Traffic Engineer has stated that in his opinion a modification would be unsafe. In light of this opinion, the City Attorney recommends that there be a hold harmless agreement from the bank in the event that an accident occurs, in the event the median cut is approved. Mr. Burl Masters appeared again on behalf of Texas Bank and indicated that he had conferred with Hugo Reed and Associates, surveyors, and the estimate given by Mr. Reed's firm was closely related to the Kerr Construction Co. bid. A brief discussion reflected that the City is not interested in picking up any of the cost; that previous requests had been funded totally by the requesting party; and that in the event of the median break being approved, that the Texas Bank should incorporate in the contract a hold harmless agreement whereby the City would not be liable for any accident or personal injuries resulting from this median break. Mayor West asked City Attorney John Ross to prepare in writing for Mr. Masters to take back to the Bank officials the terms and conditions under which this matter can be considered at a future time. The motion was made by Mayor Pro Tem. Henry, seconded by Councilman McAlister to table further consideration of this item at this time and to provide written information reflecting projected costs and legal implications to Mr. Masters to take back to the Bank officials regarding liability costs and so forth; and at the Bank's request the matter will be considered at a later date. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilman McAlister voting Yea; none voting Nay; Councilman Aderton abstaining. 79-38A784-1340 Resolution No. 359 (17) _A resolution accepting paving improvements constructed by Kerr Construction Company on the 1979_Ass_essment Paving Program (GWO 10,976). RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW. WHEREAS, the City of Lubbock heretofore passed various street improve- ment ordinances and resolutions and entered into contract with Kerr Construc- tion Company, (G.W.O. 10,976) 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: East-West alley between 74th Street and 75th Street from its intersection with the existing paving 64.30 feet East of the East Property Line of Indiana Avenue to its intersection with a line 25.49 feet West of the East Property Line of Lot 25, Melonie Gardens Addition, known and designated as Sub -Unit Number 70 of Unit Number A-460; East-West alley between 39th Street and 40th Street and parking lot paving from its intersection with a line 5.00 feet East of the West Property Line of the North -South alley West of Elgin Avenue to its intersection with the West Lip Line of Elgin Avenue known and designated as Sub -Unit Number 74 of Unit Number A-460; 40th Street from its intersection with the East Lip Line of Flint Avenue to its intersection with the West Lip Line of Elgin Avenue known and designated as Sub -Unit Number 15 of Unit Number 2235. AND WHEREAS, the improvements upon the said portions of the above - mentioned alleys, streets, and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,976. 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. 9005 2 1979 79-391785-1341 (18) This resolution shall take effect and be in force from and after its passage. i PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 1979. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate filed with Original Resolution No. 359. Two sections of concrete alley paving improvements and street paving on 40th Street were constructed in accordance with the City's specifications; the alley locations were between 74th and 75th Streets and east of Indiana Avenue; east of the alley between 39th and 40th Streets and from Elgin Avenue west between Elgin Avenue and Flint Avenue adjacent to the Wheelock Elementary School on the north side. Resolution No. 360 A resolution adopting plans and specifications for additions to the 1979 Assessment Paving Program (GWO 10,976). RESOLUTION A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS. WHEREAS, the City Council November 29, 1979, passed a resolution providing for the improvements of portions of streets, highways, avenues and/or alleys in the City of Lubbock, Texas, and along the boundaries of said city, and directing preparation of plans and specifications covering the streets, highways, avenues and/or alleys as named in said resolutions, 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 resolutions, BE, and the same are hereby approved. AND IT IS SO ORDERED. PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 1979. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney /s/ Dirk WEst Dirk West, Mayor 44 rw F W 2 191 79-381786-1342 Resolution No. 361 (19) A resolution of intent to pave as an addition to the 1979 Assessment Paving Program (GWO_10,976). RESOLUTION WHEREAS, the City Council of the City of Lubbock by a resolution passed on November 29, 1979, in regular session of said City Council declared a necessity for and ordered the improvement of those certain streets, highways, and alleys or portions thereof in the City of Lubbock, Lubbock County, Texas, as more particularly described hereafter, by excavating, grading, and paving the same and by the construction of drainage facilities therein and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and directing the City Engineer to prepare plans and specifications for said improvements; and, WHEREAS, the plans and specifications for the improvements of said high- ways, streets and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock County, Texas, WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County, Texas, to be necessary in the public interest to make the improvements herein designated on those certain highways, public streets and alleys or portions thereof; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT improving the hereinafter described highways, streets and alleys, or portions thereof, located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of drainage facilities therein -as well as the necessary curbs and gutters which are not now in place be and are hereby found to be a necessity; and, THAT the cost of making such improvements be partly paid for by the City of Lubbock and partly by the hereinafter described property abutting upon the highway, street or streets and alleys or portions thereof which are hereby ordered to be improved, and the owners of such property as a personal lia- bility after, public hearing, all in accordance with and as required by Article 1105b, of the Revised Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature and amendments thereto. The portions of streets and alleys upon which improvements are proposed to be constructed and the abutting property proposed to be assessed for said improvements designated and defined by Unit and Sub Unit are as follows: UNIT AND SUB -UNIT ALLEYS (10' WIDE) FROM TO A-460-76 E-W Alley Bet. 43rd & 44th Gary Avenue Hartford Avenue UNIT AND SUB -UNIT STREETS (36' WIDE) FROM TO 2234-86 64th Street Utica Ave. Vicksburg Avenue 2234-87 65th Street Vicksburg Ave. York Drive 2234-88 65th Street Utica Ave. Vicksburg Ave. 2234-89 65th Street Salem Ave. Toledo Ave. 2234-90 Vicksburg Avenue 65th St. 66th St. 2234-91 York Drive 62nd St. 65th St. 2234-92 Akron Avenue N. Loop 289 Stanford St. 2234-93 Raleigh Avenue Itasca St. Alley S. of Itasca St. STREET (42' WIDE) 2235-16 Utica Avenue 64th St. 66th St. THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this resolution and to record or cause same to be recorded in the Deed of Trust Records of Lubbock County, Texas. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 1979. Isl Dirk West ATTEST: Dirk West, Mayor Is/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl John C. Ross Jr. John C. Ross, Jr., City Attorney 9%1 40 12 1979 79-38L787-1343 (20) 79-38G-787-1344 (21) 79-380-787-1345 (22) These two items relate to additions of ten sub -units to the 1979 Assessment Paving Project and are routine in nature. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolutions 359, 360 and 361. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 797. An ordinance abandoning and Closing a portion of an underground water line easement and a power line easement out of Section 1, Block J-S. ORDINANCE NO. 7972 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF POWER LINE EASEMENT A ID UNDERGROUND WATER LINE EASEMENT LOCATED OUT OF SECTION 1, BLOCK J- i S, 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. These easements are near Loop 289 and 4th Street, west of Whisperwood Addition and are being closed for new store construction over the old easements which necessitates new easements being granted. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No. 7972 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7971 An ordinance abndoning and closing a portion of 57th Street between Slide Road and York Avenue, a portion of the alley between 56th and 57th Streets, both alleys being, between Slide Road and York Avenues_ JWF.pg ORDINANCE NO. 7971 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET A" ALLEYS: A PORTION OF 57TH STREET AND TWO ALLEYS BETWEEN 56TH AND 58TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE ' PARTICULARLY 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 STREET AND ALLEY PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The closure is being requested to replat for townhouse construction purposes. The developers will pay for all utility relocations. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No.7971 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 362 A resolution authorizing the Mayor to sign an amendment to the A reement between the Cit of Lubbock and Civic Lubbock Inc. LGB:bs 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 Amendment to, Agreement with Civic Lubbock dated October 11, 1979, a copy of which is 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 12th day of December )979 ATTEST: s/ Evelyn Gaff . Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Dirk West DIRK WEST, /s/ Lawrence Banks Lawrence Banks, Administrative Assistant, Community Facilities MAYOR APPROVED AS TO FORM: /s/ Leon G. Bean 11 Leon G. Bean, Assistant City Attorney r� OF r F AGREEMENT THIS AGREEMENT made and entered into this 12thday of December , 1979, by and between the City of Lubbock, Texas, a home rule municipal corpora- tion hereinafter referred to as "City", and Civic Lubbock, Inc., a non-profit corporation hereinafter referred to as "Civic Lubbock", both of Lubbock County, Texas; WITNESSETH: I. CONCESSIONS THAT the City hereby grants to Civic Lubbock a license for all food, beverage and other concession sales at the Lubbock Municipal Auditorium/Col- iseum and the Lubbock Memorial Civic Center, and for the use of the concession facilities located therein. THAT the consideration for such license shall be (1) that Civic Lubbock shall pay quarterly to the City 7% of the gross concession sales, the first payment to be due January 10, 1980, and (2) Civic Lubbock shall promote the cultural, educational and entertainment welfare for the City of Lubbock and surrounding area. THAT all operational expense associated with concession sales, including the salaries of part-time staff shall be the responsibility of Civic Lubbock, and that the daily operation of the concession areas, including the staffing thereof, shall be the responsibility of the City. II. BOARD MEETINGS THAT the City hereby grants to Civic Lubbock a license for the use of the facilities at the Lubbock Municipal Auditorium/Coliseum and the Lubbock Memorial Civic Center for board meetings and other Board Functions of Civic Lubbock, the location for such board meetings or functions to be mutually agreed upon by the Director of the Lubbock Memorial Civic Center and the President of the Civic Lubbock Board. THAT such license shall bear no consideration. III. BUILDING RENTALS THAT whenever Civic Lubbock sponsors or co-sponsors an event in the Lub- bock Municipal Auditorium/Coliseum or Lubbock Memorial Civic Center, Civic Lubbock shall pay within 30 days to the City the conventional rental rates applicable to non-profit events as set forth in the rental rates schedule in effect at that time for that portion of the facilities used for that event, plus any amounts attributable to special services and equipment charges. IV. DONATIONS THAT Civic Lubbock shall not donate or contribute any cash monies directly or indirectly to any group or individual, charitable or otherwise. THAT Civic Lubbock may, as part of sponsoring or co -sponsoring an event, donate or contribute part or all of the building to be used and any special services and equipment, by paying to the City the building rental and special services and equipment charges therefor. V. FINANCES Upon completion of Civic Lubbock's annual audit and effective September 30th of each year, Civic Lubbock's accumulated monies shall be allocated in the order following: (1) Civic Lubbock shall first pay the City the amount of $20,000.00 less amounts already paid as building rental fees and concession percentage consideration. (2) Civic Lubbock shall then retain not more than $100,000 as a reserve fund for the continuation of its chartered powers during the next fiscal year plus any amounts needed to cover any outstanding indebtedness of Civic Lubbock. (3) Civic Lubbock shall pay any remaining monies to the City. At the City's option, Civic Lubbock may be authorized to make on behalf of the City of Lubbock, capital expenditures for improvements to the Auditorium/ Coliseum or the Lubbock Memorial Civic Center for purposes of promoting the cultural and educational welfare of the City of Lubbock throughout the year from said remaining monies, subject to existing policies and procedures applicable to the making of City purchases. THAT Civic Lubbock shall prepare and present to the City Council during July of each year a budget for the upcoming fiscal year which begins on October 1. This budget will be presented for the City Council's information and recommenda- tions, if the Council so chooses. -,-r)<N DEC 1 2 1979 VI. TERMS THAT the sections numbered I through IV shall be divisible and separate in application. THAT this agreement and the licenses therein shall continue in force and effect until revoked or amended by the City upon twelve months written notice to Civic Lubbock or by mutual agreement of both parties. THAT the foregoing agreement is hereby identified by both parties as being a written statement confirming the previously unwritten agreement con- cerning such matters between the City and Civic Lubbock. ATTEST: CITY OF LUBBOCK /s/ Evelyn Gaff a BY: /s/ Dirk West City Secretary -Treasurer DIRK WEST, MAYOR APPROVED AS TO CONTENT: /s/ Jim Weston Director of Community Facilities APPROVED AS TO FORM: /s/ Leon Bean Assistant City Attorney CIVIC LUBBOCK, INC. BY: /s/ Joan Baker President I� i ATTEST: /s/ Vicki Key__ On October 11, 1979 the City Council approved an operating agreement between the City and Civic Lubbock, Inc. which had been recommended by the Civic Lubbock Board. At that time and in subsequent Work Sessions the Council requested an amendment to the agreement reflecting the percentage payment of gross sales to the City to be increased from 5% to 7%, that an annual budget be prepared and on file in the office of the City Secretary reflecting the Civic Lubbock, Inc.'s operation and changing the due date of the first quarterly payment for concessions from January 2 to January 10 of each year. In answer to Mayor Pro Tem Henry's query as to the rental rates of existing commitments, the City Manager responded that those commitments will be honored at the cost as quoted to the party making the reservation; additionally provisions are made in those activities in which Civic Lubbock, Inc. participates or co-sponsers. The motion was made by Councilman Aderton, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-384-789-1346 Consider a lease agreement between the City of Lubbock and Yellow Cab (23) Taxi Company whereby the City would allow the use of Yellow Cab Taxi Company of a bus equipped to trans ort the handica ed. DELETED 79-38L789-1347 Consider releasing a portion of retaina a on Sandhills Supply Line (24) controls contract. The contract for the Sandhills Supply Line Control System is in the amount of $191,316, of which $30,501.95 has been retained pending completion of the work. The contractor has performed all of the work except the final testing of the system and will not be able to do this testing until the City repairs three valves on the system. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to release $28,588.79 as payment to the contractor, retaining 1% or $1,913.16 until the final testing is completed. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38A-789-1348 Resolution No. 363 (25) A resolution authorizing the Mayor to execute a Release of Lien for J. W. Lester and wife for sewer line extension on the West 75' of Lot 75, James Subdivision, Lubbock Lubbock County, Texas. JCR:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of Lien for J.W. Lester and (wife) Nettie F. Lester for sewer line extension, attached r J 1J ZI w DEC 12 herewith which shall be spread upon the minutes of the Council and as spread ' y" 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 12th day of December 91979. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Charles Northington Charles Northington, Chief Accountant APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK X /s/ Dirk WEst DIRK WEST, MAYOR KNOW ALL MEN BY THESE PRESENTS: WHEREAS, on the 17th day of May A.D., 1977 J. W. Lester and (wife) Nettie F. Lester of the County of Lubbock , State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for sewer line extension described as follows, to -wit: West 75' of Lot 75, James Subdivision Which said agreement and lien is of record in Volume 164 , on page 179 & 180 of the Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here made, and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien: NOW THEREFORE: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, the receipt of which is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day and do by these presents, RELEASE, DISCHARGE, AND QUIT- CLAIM unto the said J. W. Lester and (wife) Nettie F. Lester_ and their _ Heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully released and cancelled. EXECUTED this 12th day of December , 19 79 ATTEST: THE CITY OF LUBBOCK, TEXAS BY: /s/ Dirk West Dirk West, Mayor APPROVED AS TO FORM: /s/ Evelyn Gaffga /s/ John C. Ross, Jr. Evelyn Gaffga City Attorney City Secretary -Treasurer APPROVED: /s/ Charles Northington Charles Northington Chief Accountant THE STATE OF TEXAS X COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Dirk West known to me to be the person whose 21979 name is subscribed to the foregoing instrument and acknowledged tc me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 12th day of December , A.D., 1979 . /s/ Jackie Suter Notary Public, Lubbock County, Texas 79-38'1791-1349 Resolution No. 364 (25-A) A resolution authorizing the Ma or to execute a Release of Lien for Hove D. Musick and wife for sewer line extension on Lot 4, Block 5, James Heights Addition Lubbock, Lubbock County, Texas. JCR:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of Lien for Hovey D. Musick and wife Wilma, for sewer line extension, 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 12th day of December ,1979. ATTEST: /s/ Dirk West DIRK WEST, MAYOR /s/ Evelyn Gaf£ a Evelyn Gaffga, City Secretary --Treasurer j APPROVED AS TO CONTENT: /s/ Charles Northin ton Charles Northington, Chief Accountant APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK I KNOW ALL MEN BY THESE PRESENTS: WHEREAS, on the 1st day of Au ust A.D., 1963 Hovey D. Musick and wife Wilma of the County of Lubbock , State of Texas, did execute, acknowledge and deliver to the City of Lubbock, Texas a certain contractual agreement and lien upon and against certain real property and improvements, if any, thereon for sewer line extension described as follows, to -wit: Lot 4, Block 5, James Heights Addition Which said agreement and lien is of record in Volume 123 , on page 241 of the Mechanics Lien Records of Lubbock County, Texas, to which instrument reference is here made, and WHEREAS, said debt, lien and obligations secured thereby have been fully paid off and satisfied to the said City of Lubbock, Texas, the legal and equitable holder and owner of such debt, obligation and lien: NOW THEREFORE: In consideration of the premises, of the payment of such debt and obligations, and other good and valuable cash consideration, r rl q;:L 4C.12 1974 the receipt of which is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, has this day and do by these presents, RELEASE, DISCHARGE, AND QUIT- CLAIM unto the said Hovey Musick and wife Wilma and their Heirs (successors) and assigns, the contractual lien heretofore existing upon the above described premises under and by virtue of the above described instrument, and declare such lien fully released and cancelled. EXECUTED this 12th day of December , 1979 ATTEST: THE CITY OF LUBBOCK, TEXAS BY: /s/ Dirk West Dirk West, Mayor APPROVED AS TO FORM: /s/ Evelyn Gaffga_/s/_ John C. Ross, Jr. Evelyn Gaffga City Attorney City Secretary -Treasurer APPROVED: /s/ Charles Northington Charles Northington Chief Accountant THE STATE OF TEXAS I COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Dirk WEst known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 12th day of December , A.D., 19 79 . /s/ Jackie Suter Notary Public, Lubbock County, Texas The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolutions 363 and 364, referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-384-792-1350 Ordinance No. 7973 (26) Repealing appropriation ordinance No. 7923 from the Electric Bond Fund for the purchase of 36 steel poles (emergence measure). ORDINANCE NO. 7973 AN ORDINANCE REPEALING ORDINANCE NO. 7923 OF THE CITY OF LUBBOCK, TEXAS, PASSED BY CITY COUNCIL THE 27TH DAY OF SEPTEMBER, 1979, AND DECLARING AN EMERGENCY. 79--38,4792-1351 Ordinance No. 7974 (27) Appropriation ordinance from the Electric Bond Fund for the purchase of 36 steel Roles for the transmission line from Holly generatingstation to Co-op Substation (emergency measure). FORM L-2 ORDINANCE NO. 7974 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, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 191 AC 121979 'there is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $382,846.00 For the following purpose: For purchase of 36 steel poles for the transmission line from Holly generating station to Co-op substation. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED Passed by the Council on this 12th day of December , 1979. /s/ Alan Henry _ MAYOR PRO TEM ALAN HENRY ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: /s/ J. C. Blagg FINANCE OFFICER APPROVED BY: /s/ Carroll McDonald HEAD OF DEPT. DEPT. 79-384793-1352 Resolution No. 365 (28) A_ resolution authorizing the Mayor to sign a contract with ITT Meyer Tin rl»atriac_ RESOLUTION WHEREAS, the City of Lubbock is desirous of entering into a Contract with ITT Meyer Industries for the purchase of 138 KV Tubular Transmission Structures by the City from Meyer Industries, 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 and directed to execute for and on behalf of the City of Lubbock a Contract for the purchase of 138 KV Tubular Transmission Structures from ITT Meyer Industries by placing his signature on the Supplemental Agreement attached and made a part of the Bid Proposal submitted by ITT Meyer Industries, 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 12th day of December ,]979. ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Director of Utilities Sales and Service APPROVED AS TO FORM: /s/ David Reagan David W. Reagan, Asst. City Attorney /s/ Dirk West DIRK WEST, MAYOR 19'1 DVC I STANDARD FORM OF SUPPLEMENTAL AGREEMENT TO BID PURCHASE CONTRACT CITY OF LUBBOCK, TEXAS I. This Supplemental Agreement must be kept intact with all bids, otherwise the bid will be considered informal. This Supplemental Agreement shall sup- plement and be part of all bids submitted to the City of Lubbock, Texas, and shall become part of the agreement entered into with the successful bidder. II. The City of Lubbock, hereinafter called "City", and the successful bidder, hereinafter called "Contractor", agree that Contractor shall perform in ac- cordance with the Bid Agreement specifications and for the consideration there- in stated. For the purposes of this Supplemental Agreement, "Bid Agreement" shall mean that Bid Response submitted by the successful bidder, as awarded by the City, together with this Supplemental Agreement. IV. Each bid must be accompanied by cash or certified check of the bidder in the amount of 5% of the bid. Such cash or checks will be returned to all except the three lowest bidders within five days after the opening of bids. The remaining cash or checks will be returned promptly after the City has accepted a bid and executed a contract, or if no award has been made within 30 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as the City has not accepted the bidders bid. V. Contractor shall indemnify, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the City in consequence of or through the negligence or omission of the Contractor or his employees, of the subcontractor or his em- ployees, if any, or the Contractor's assignee or its employees, if any, and the contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at his own expenses, satisfy and discharge the same. Contractor expressly understands and agrees that any bond required by this contract, if any, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. VI. If Contractor fails in any manner to perform and carry out each and all of the terms, covenants and conditions of the contract, he shall be in default and notice in writing shall be given him of such default by the Purchasing Director of City. If Contractor fails to cure such default within such time as may be required by such notice, City, acting by and through the Purchasing Director or the director of the department for which the contract is made, may at its option terminate and cancel the contract, and, at the expense of Contractor and his or its surety, if any, complete the contract, or cause the same to be completed. In the event of such termination, all monies due Contractor under the terms of the contract shall be retained by City, but such retention shall not release Contractor or his surety, if any, from liability for his default. In such event, however, Contractor and his surety will be credited with the amount of money so retained toward any amount by which the cost of completion of the contract, as above provided, exceeds the contract price. Such termi- nation shall not effect or terminate any of the rights of City as against Contractor or his surety then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to City under the law. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof. VII. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and any failure by contractor to meet the time specifications of this agreement will cause Contractor to be in de- fault of this agreement and entitled the City to proceed as provided in par- agraph VI. Performance of this contract is to begin on the 15 day of December , ]979 , and performance will be completed on the 31 day of July , 1986 . IqS 1. QJC 121979 VIII. Any submitted bid containing any change, modification, limitation, or alternative from the conditions of the invitation to bid shall clearly and distinctly be identified by the bidder and bidder shall state its effect. Any change, modification, limitation, or alternative not so clearly identified and explained shall be of no force or effect whatsoever. IX. The Contract shall be formed and binding upon all parties at the time of acceptance by the City of Lubbock. Acceptance by the City of Lubbock is the official act of the City Council of the City of Lubbock accepting the bid of the successful bidder. The successful bidder will be notified of acceptance within ten days after such acceptance. r0 It is agreed that this contract and all rights of Contractor herein shall, at the option of the City of Lubbock, terminate upon the Contractor being by any Court adjudged bankrupt or insolvent, or upon the Contractor making an assignment for the benefit of creditors. XI. All applicable State of Texas laws and City of Lubbock ordinances appli- cable to this contract shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. XII. The City reserves the right to reject any or all proposals and to waive any informalities and irregularities in the bids received, and to accept any bid which is deemed most favorable to the City. XV. Within ten days after notice to contractor of acceptance of the Bid Pro- posal, the Contractor shall furnish a Performance Bond as security for faithful performance of this contract. Such Performance Bond shall meet the requirements provided in Vernon's Ann.Civ.St. art. 5160. �I XVI. The validity, interpretation and performance of these Terms and Condi- tions, as well as any Contract which may result between the parties, shall be governed by the laws of the State of Texas. XVII. Bid Proposals may be withdrawn only up to fifteen days before the sched- uled date that such proposals are to be presented to the City Council for review and acceptance. XVIII. Contractor warrants that the specifications of the equipment, materials, and/or supplies, as provided for in this agreement, will and always comply with the minimum requirements contained in Contractor's bid proposal number 8159 , dated December 12, 1979 ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Carroll McDonald APPROVED AS TO FORM: /s/ David W. Reagan Assistant City Attorney CORPORATION: ITT MEYER INDUSTRIES /s/ George Roberts Vic President -Director of Marketing November 14, 1979 CITY OF LU /s/ Alan ALAN HENRY '19+0 r II 79-38A796-1353 (29) 79-389796-1354 (30) 04C 11 Mayor Pro Tem Henry presiding. These items relate to the rebidding for 36 steel poles for the transmission line Holly generating station to the Co-op Substation; i.e. Bid No. 5566 approved at the Regular City Council Meeting of November 29, 1979 in the sum of $382,846. The contract is with ITT Meyer Industries, the low -bidder. The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass Ordinance No. 7973 as an emergency measure, to pass Ordinance No. 7974 as an emergency measure, and to pasa Resolution No. 365 authorizing the contract with ITT Meyer Industries. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Resolution No. 366 A resolution authorizing approval of contract between Pioneer Natural Gas and City of Lubbock. DGV:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Gas Sales Agreement between Pioneer Natural Gas Company, a Division of Pioneer Corporation, and the City of Lubbock, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of December /s/ Dirk West DIRK WEST, MAYOR ATTEST: /a/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney *NOTE: Gas Sales Agreement between Pioneer Natural Gas Company and The City of Lubbock on Page 79?-A of the Minutes of 1979. Mayor Pro Tem Henry presiding. The new contract with Pioneer Natural Gas and LP&L reflect the following terms and conditions: 1. It is a long-term contract for 6 years. 2. Firm quantities are provided in this contract and are not diminished or reduced as in the present contract. 3. Provisions are made for curtailing gas supplies to our system with price allowances made if curtailments go over certain percentage. 4. The price is established at 37.1�_ for the next two-year period and each two years we will have an opportunity of reviewing this price spread. ,1979. The motion was made by Councilman Aderton, seconded by Councilman McAlister to pass Resolution No. 366, referenced above. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Resolution No. 367 A resolution authorizing the City Manager to execute an application for Criminal Justice funds for a drug prevention proEram. '19 P) DEC 12 1979 RESOLUTION WHEREAS, the City Council of the City of Lubbock finds that juvenile drug abuse is a problem that affects the health, safety and welfare of the citizens of the City of Lubbock; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to make application for and on behalf of the City of Lubbock for Juvenile drug abuse prevention funds for the 1980 Juvenile Drug Abuse Pre-vention Project of the City of Lubbock. Passed by City Council this 12th day of December /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Rick Childers Rick Childers, Administrative Assistant APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 1979. The City of Lubbock has been notified there is available $80,512 in funds for Juvenile Drug Abuse Prevention and Treatment Projects. Due to the City's lack of expertise in drug prevention and treatment programs, it would be in the best interest to have another governmental agency that has such expertise as a supportive agency, the Mental Health/Mental Retardation Center would qualify in this catagory. MH/MR is prohibited from applying directly for available funds, so the City of Lubbock would be the vehicle through which funds would be available and this program would be administered. The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38k797-1355 Consider a resolution regarding Highway 3397. (31) This item was put on "hold" at the Work Session preceding the Regular City Council Meeting. 79-380-797-1356 Consider acceptance of baggage carousel and authorize final payment. (32) The construction of the second enplaning baggage carousel is completed, the work being done by Central Conveyers, Inc., of Bellview, Texas. The contract price was $97,092; the balance due for final payment is $13,754. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to accept the baggage carousel and to authorize final payment. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79--380-797-1357 Resolution No. 368 (33) A resolution authorizing the Mayor to sign a contract for audit services. JCR:cl 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 Audit Agree- ment between the City of Lubbock and Mason, Nickels and Warner, Certified 7 97—A UDC s ; 1979 79-38A796-1353 (29) In w "I GAS SALES AGREEMENT THIS AGREEMENT glade and entered into this 12th day of December, A.D., 1979, 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"); WITNESSETH WHEREAS, Buyer is desirous of purchasing certain volumes of gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated May 2, 1974, as amended January 1, 1976, which is to be canceled and superseded effective January 1, 1980; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DRFTNTTTnVR Section 1. "Day" shall mean the period of twenty-four (24) consecutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following day. Section 2. "Billing Month" shall mean the period commencing at 7:00 A.M. on the first day of a calendar month and ending at 7:00 A.M. on the first day of the following month. Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 A.M. on January 1 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 per- manently 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 con- sidered as the final accounting year. Sect&on 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. Section 5. The term "Btu" shall mean British thermal unit. Section 6. The term "Heating Value" shall mean the Btu content of the gas delivered. Section 7. The term "Buyer's municipal power plants" as used herein shall mean Buyer's electrical generating plants located at or near the City of Lubbock in Lubbock County, Texas. Section 8. The term "Gas" shall mean any one or any combination of the following: natural gas, liquefied natural gas, synthetic gas or manufactured gas. ARTICLE II UANTITY Section 1. Commencing January 1, 1980, and continueing through the remaining term of this Gas Sales Agreement, Seller agrees to sell and deliver to Buyer the volume of gas as may be requested by Buyer for consumption in Buyer's Plants; provided, however, Seller shall not be obligated to make deliveries of gas to Buyer in excess of 30,000 Mcf on.any one day. Section 2. Commencing January 1, 1980, Buyer agrees to -take and pay for, or nevertheless pay for, if not taken, a minimum volume of 7,000,000 Mc£ of gas during each accounting year thereafter during the term hereof. In the event any accounting year does not contain twelve (12) billing months, then Buyer shall be obligated to accept 1/12th of such volume for each complete billing month contained in such accounting year. 797-8 D} lc 1") i979 Section 3. In the event Buyer fails to take from Seller during any accounting year of the term hereof the minimum volume of gas which Buyer is obligated to take and pay for from Seller during such accounting year pursuant to the provisions of Section 2 of this Article II, then within ninety (90) days after the end of such accounting year when there is a deficiency in takes, Buyer shall pay Seller for that quantity of gas which equals the difference between the minimum volumes Buyer was obligated to take and pay for and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the price in effect at the time the deficiency occurred. Section 4. Gas delivered under this contract shall be subject to curtailment or interruption when necessary to protect public health and safety or to maintain service to higher priority customers of Seller. Such curtailment or interruption shall be performed in accordance with tho company's applicable rules from tLme to time in effect and on file with the Texas Railroad Commission or any successor regulatory agency, and shall not be the basis for any claim for damages sustained by any party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification in the immediate vicinity proportionately. Section 5. In the event an interruption in, or curtailment of, deliveries shall become necessary or advisable, Seller shall notify Buyer as soon as possible by telephone, telegraph or other means, of the nature„ extent and probable duration of such interruption or curtailment. Buyer shall resume the taking of gas within a reasonable length of time followiiig notification by Seller that gas is again available. Section 6. In the event the delivery of gas is interrupted or curtailed at the request of Seller pursuant to Section 4 of this Article II, or at the request of Buyer pursuant to Article XII, then, in such event, the minimum volume of gas herein contracted for shall be reduced for that annual period by 1.5/365th.of such minimum annual volume for each day or portion of a day that the delivery of gas hereunder was interrupted or curtailed. ARTICLE III DELIVERY POINT Section 1. The delivery of gas hereunder shall be made at a point located at Buyer's power plants in the City of Lubbock. Section 2. Sufficient space for a meter, or meters and regulators, is to be furnished free by Buyer at a location to be agreed upon at each municipal power plant. Section 3. Buyer agrees to assign to Seller sufficient easements and rights of way over, across and under any land that Buyer has the right so to do, and the right to perform thereon any acts necessary for carrying out the terms of this contract. ARTICLE IV DELIVERY PRESSURE Section 1. Deliveries shall be made at the pressure requested by Buyer, but not exceed 75 psig except deliveries may be made at higher pressures if neither party objects. ARTICLE V METERING Section 1. Seller, at its sole cost, risk and expense, shall instal ., maintain and operate at the point or points of delivery hereunder a standkd type orifice or positive meter or meters for measuring the volume of all gas purchased by Buyer hereunder and Seller shall cause said meters to be read daily or at other mutually agreeable intervals. Orifice meters and other facilities so installed at the point of delivery shall be constructed and installed in accordance with the specifications prescribed by Report No. 3 of the Gas Measurement Committee of the American Gas Association dated April 1955, and supplements thereto, or other generally accepted specifications, agreed to by the parties. Section 2. Said meters and all meter readings and meter charts shall be accessible at all reasonable times to inspection and examination by Buyer, but the calibration and adjustment of Seller's meter or meters shall be done by Seller. Seller may destroy meter charts and other records after two years. 7 9 7- C DEC 1 2 ND IN Section 3. Buyer may install, maintain and operate such check measuring equipment as it desires, provided that such check meter and equipment shall be so installed as not to interfere with the operation of Seller's meters. Section 4. Each such orifice meter installed by Seller shall be cali- brated at least once each thirty (30) days by and at the expense of Seller, in the presence of Buyer's representative if Buyer so desires. Seller shall give Buyer or Buyer's designated representative notice of each such calibration test in sufficient time to enable Buyer to have its representative present. If upon any such test, the measuring equipment is found to be not more than two percent (2%) erroneous in the aggregate, previous readings of such equipment shall be considered correct in computing the deliveries of gas hereunder, but such equip- ment shall be adjusted at once to read accurately. If, upon any test, the measuring equipment shall be found to be inaccurate in the aggregate by an amount exceeding two percent (2%) at a reading corresponding to the average rate of flow for the period since the last preceding test, then any previous reading of such equipment shall be corrected to zero error for any period which is known definitely or agreed upon, but in case the period is not known definitely or agreed upon, then for a period extending back one-half (1/2) of the time elapsed since the date of the last test, but not to exceed thirty (30) days. If for any reason any meter is out of service or out of repair so that the volume of gas purchased cannot be ascertained or computed from the reading thereof, the volume of gas purchased during the period such meter is out of service or out of repair shall be estimated or agreed upon by the parties hereto on the basis of the best data available using the first of the following methods which is feasible: (a) By using the registration of Buyer's check meter if installed and accurately registering. (b) By correcting the error in Seller's meter if the percentage of error is ascertainable by calibration test or mathematical calculation. (c) By estimating the volume of delivery by using as a basis the volumes delivered during preceding periods under similar conditions when the meter was registering accurately. ARTICLE VI MRA ST TR RMF.NT Section 1. All measurement of gas hereunder shall be in accordance with the recommendations for measuring gas contained in Report No. 3 of the Gas Measurement Committee of the American Gas Association dated April 1955, including the supplements thereto, or other generally accepted tables relating to gas measurement applied in a practical and appropriate manner. Correction shall be made for deviation from Ideal Gas Laws as provided for in Section 5 of this Article VI. Section 2. An assumed atomospheric pressure of thirteen and one -tenth (13.1) pounds per square inch absolute at the delivery point shall be utilized for measurement purposes, irrespective of any variation of the actual atmospheric pressure from such assumed pressures. Section 3. Seller shall, at its sole cost, risk and expense, install, maintain and operate a temperature compensating device or recording thermometer of standard manufacture, so that it may properly record the temperature of gas flowing through Seller's meter or meters. The arithmetical average of the twenty-four (24) hour record, or that portion of the twenty-four (24) hours during which gas was passing, shall be assumed to be the temperature of the gas for that period and shall be used in making proper computations of measure- ment. Section 4. Seller shall, at its sole cost, risk and expense, install, maintain and operate a recording gravitometer of standard manufacture, so that it may properly record the gravity of the gas flowing through Seller's orifice meter or meters. The gravity so determined shall be used in the computations or measurement. In the event Seller has installed, or shall in the future in- stall, a recording gravitometer at a point on its system which properly records the specific gravity of the total stream, a portion of which is sold hereunder, said gravitometer may be used to ascertain the specific gravity for which cor- rection is to be made. Seller may, at its option, install a composite sampling device at the delivery point hereunder and the specific gravity may be determined as often as may be found necessary in practice from samples obtained by such devices. Section 5. The deviation of the gas from the Ideal Gas Laws shall be determined by tests at one (1) year intervals or at such other intervals as may be found necessary in practice, or as may be requested by Buyer. Buyer shall not request such test more frequently than once every three months. Such tests shall be made by a mutually agreeable method generally accepted by the gas industry from time to time. Each test shall determine the correction to be used in computing the volume of gas delivered hereunder until the next such test is made. ?f 7-.6 Section 6. Each party hereto, or its designated representative, shall conduct the tests and determinations under this Article VI which ar to be made with equipment owned or to be furnished by said party, but the party making such tests or determination shall give the other party, or its designated representative, notice of each such test or determination in sufficient time to enable said other party to have its representative present. ARTICLE VII PRICE Section 1. Commencing January 1, 1980, and continuing through December 31, 1981, 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 Sect 4 of this Article VII, plus (2) An increment of Thirty -Seven and One Tenth Cents ( 37.16) per Mcf. Such price is subject to the adjustment as provided for in Section 3 of this Article VII. Section 2.. On or before July 1, 1981, and each two years thereafter; the parties will meet to determine the price to become effective the following January 1. In the event the parties are unable to agree upon a price commencing January 1, 1982, or any succeeding January 1 each two years thereafter, then in such event, this agreement shall terminate effective January 1, 1982, or any succeeding January 1 each two years thereafter and neither Seller nor Buyer shall have any further obligation to the other and all rights and obligations shall terminate effective the last day of deliveries to Buyer except for Buyer's continuing obligation to pay for gas received but not paid for. Section 3. The above price provisions, as adjusted, are based on t delivery of natural gas having an average total heating value of 1,000 British thermal units per cubic foot. Should the average total heating value of the gas delivered in any balling period be more than 1,000 British thermal units per cubic foot, or less than 1,000 British thermal units per cubic foot, the total charge for such month shall be increased or decreased respectively in the percentage by which the average total heating value of such gas is greater than 1,000 British thermal units per cubic foot, or less than 1,000 British thermal units per cubic foot. Section 4. For the purpose of this agreement the term "weighted average cost of purchased gas" shall mean the average price per one 11 thousand (1,000) cubic feet paid by Seller 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 Seller during such applicable billing month, adjusted to the same pressure base as gas sold hereunder and shall 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 based upon the outstanding portion of such advancements; (2) Amortiza- tion over a five-year period of advances for gas supply development which is nonproductive; 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; and provided further, Seller's total cost of its gas storage operations including fuel, amorti- zation of facilities, overhead charges, direct labor and maintenance expenses shall be added to the cost of such gas. Should Seller purchase gas for utilization in Seller's West Texas Transmission and Delaware Basin Divi- sions under a contract or contracts containing 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 4 of Article VII by multi- plying the volumes of gas purchased under any such contract by a fractions 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 the terms of any gas purchase contract, or of any agreed settlement of a disputed claim, or by 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 Seller, then appropriate adjustments 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 cancellail lltion, 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 anv such can- 79 7-b u�_ ko L 4_j respect to items canceled, refunded or paid prior to the date of such termination, nor shall any adjustments as provided for herein be made with respect to any gas purchased 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 5. Prior to July 1, 1980, and each July 1 thereafter during the term of this agreement and as it may be extended from time to time, representatives of Buyer and Seller shall meet to determine if this agreement may be amended and/or extended, and if so, the terms and conditions of any such amendment and/or extension upon which the parties may agree, it being the intention of the parties that so long as Buyer requires gas for its said 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 for successive one-year extensions of the term provided in Article XVI of this agreement. Any such one-year extension shall be made only after a positive determination by Seller of the adequacy of its gas supply and the determination by Seller, in its sole discretion, that it has sufficient gas supplies to perform its obligations during such extension. In the event the parties do not agree upon further amendment and/or extension, and the terms and conditions thereof, then this agreement shall terminate in accordance with its terms. Section 6. In addition to the price to be paid for gas delivered here- under Buyer agrees to pay Seller an amount equal to all of any increased, add- itional or new production, severance, gathering, processing, transmission, sales or delivery taxes in excess of or in addition to those in existence on January 1, 1980 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 VII which may subsequently be refunded to Seller by the taxing authority. Buyer shall not be obligated to reimburse Seller under this Section (1) 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 (2) for any taxes which are included in the computation of Seller's weighted average price of gas and paid by Buyer pursuant to Section 4 of this Article VII. Section 7. For the purpose of billing and accounting for gas delivered hereunder, Seller will use its usual calculations in Seller's determination of the weighted average price, as defined in Section 4 of this Article VII, of gas pur- chased by Seller during any applicable period and nothing herein shall be construed so as to require Seller to change such procedure. Section 8. During the first two years of the term hereof commencing January 1, 1980, the price as established under Section 1 of this Article VII shall be reduced for the current year if the actual curtailments for the next preceding year exceeded either 3% or 4% of the actual volumes of gas delivered hereunder during such annual period. In the event the actual curtailments for the next preceding year were greater than 3% but less than 4%, then the price for the current year will be reduced One and Two Tenths Cents (1.24) per Mcf. If the actual curtailments for the next preceding year were greater than 4%, then the price for the current year will be reduced Two and Four Tenths Cents (2.4¢) per Mcf. The reduction for any year shall never exceed Two and Four Tenths Cents (2.4¢) per Mcf. ARTICLE VIII HEATING VALUE Section 1. The Btu content of the gas delivered hereunder shall be determined for a cubie foot of gas at a temperature of sixty (60) degrees Fahrenheit at an absolute pressure equivalent to that of thirty (30) inches of mercury, and at the moisture content of the gas delivered. Such total heating value of the gas delivered shall be determined by a composite sampling device to be installed, maintained and operated by Seller at its sole cost, risk and expense. The moisture content of the gas delivered shall be determined by Seller as often as is found necessary in practice. Section 2. The average total heating value per cubic Foot of gas shall be determined for any billing period by taking the arithmetic average of the heating value as determined pursuant to Section 1 of this Article, and such average total heating value shall be used in adjusting the price provisions hereunder. In the event Seller has, or shall in the future install, a sampling device or recording calorimeter at a point on its system which properly records the heating value of the total stream a portion of which is sold hereunder, said sampling device or calorimeter may be used to ascertain the heating value for which correction is to be made. 7 97-E ARTICLE IX BILLING AND PAYMENT Section 1. On or before the 20th day of each calendar month, Seller shall render a statement to Buyer giving the total volume of gas purchased hereunder during the preceding monthly period, such statements to be rendered in accordance with this agreement, and shall include any amounts due for tax reimbursement under the provisions of Article VII hereof; provided, however, if the amount of reimbursement to Seller cannot be determined currently, Seller may bill Buyer and Buyer shall make payment therefor within a reasonable period after such amount becomes determinable. Section 2. It is understood and agreed between the parties hereto th.7t if Seller's weighted average cost of gas as defined in Section 4 of Article VII hereof cannot be determined by the 20th working day of the following month, then the parties agree that Seller shall utilize an estimated weighted average cost of purchased gas in rendering the statement provided for in Section 1 of this Article IX. The parties further agree that the statement to be rendered the following month shall contain a debit or credit, whichever is applicable, in correcting the prior month's statement from the estimated weighted average cost to actual weighted aver e cost. f Section 3. Payment shall be made by Buyer to Seller within ten (10) days after receipt of the statement. Section 4. Seller shall render to Buyer on or before the first day of March each year a statement setting out the amount of gas, if any, but which Buyer failed to take Buyer's minimum annual purchase obligation during the preceding accounting year as provided in Article II hereof, and Buyer shall pay to Seller the amount due within thirty(30) days after receipt by Buyer of such statement. Section 5. All statements, bills and payments shall be subject to correction of any errors contained therein until the expiration of one year after date of payment. Section 6. Any amounts due for gas hereunder remaining unpaid after the due date for each payment provided for herein shall bear interest at the rate of ten percent (10%) per annum until paid. ARTICLE X U_ A Section 1. Gas delivered by Seller hereunder shall conform to the following specifications: (a) Liquids: The gas shall be commercially free from water and Hydrocarbons in liquid form. (b) Hydrogen Sulphide: The gas shall not contain more than one (1) grain of hydrogen sulphide per one hundred (100) cubic feet. (c) Organic Sulphur: The gas shall not contain more than twenty (20) grains of organic sulphur per one hundred (100) cubic feet. (d) Carbon Dioxide: The gas shall not contain more than three percent (3%) carbon dioxide by volume. (e) Dust, Gums, etc.: The gas shall be commercially free of dust, gums and other solid matter. (f) Water Vapor: The gas shall not contain more than nine (9) pounds of water in the vapor phase per million cubic feet. (g) Heating Value: The gas shall have a gross heating value of not more than twelve hundred fifty (1250) and not less than nine hundred fifty (950) British thermal units cubic foot. (h) Temperature: The temperature of the gas shall not exceed one hundred twenty (120) degrees Fahrenheit. ARTICLE XI TITLE Section 1. Seller shall be in control and possession of the gas delivered hereunder and responsible for any damage or injuries caused thereby until the same shall have been delivered to Buyer at the point of delivery, after which delivery Buyer shall be deemed to be in exclusive control and possession thereof and responsible for any such damages or injuries. 7q 7-F Section 2. Seller expressly warrants its title to and rights to sell the gas to be delivered hereunder free and clear of all liens and Seller will hold Buyer harmless against adverse claims thereon. ARTICLE XII FORCE MAJEURE Section 1. The obligations of either party hereto shall be suspended during such time as such party is prevented from complying therewith in whole or in part by acts of God, strikes, war, lockouts, orders or decrees of any lawfully constituted state, federal or local body, temporary failure of Seller's gas supply due to causes or conditions reasonably beyond Seller's control, or other causes or conditions reasonably beyond the control of either party, whether like or unlike those herein enumerated, or on account of either party making necessary repairs to or replacements of facilities used in the delivery, receipt, transmission or utilization of gas, or because of any other cause, except financial, beyond the reasonable control of such party. Section 2. In the event of either Buyer or Seller being rendered unable wholly or in part by force majeure to carry out its obligations under this agree- ment, other than to make payments due hereunder, it is agreed that on such party giving notice and full particulars of such force majeure in writing or by telegraph to the other party as soon as possible after the occurrence of the cause relied on, then the obligations of the parties insofar as they are affected by such force majeure shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall as far as possible be remedied with all reasonable dispatch. Section 3. The settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulty, and the above requirements that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of opposing party when such course is inadvisable in the discretion of the party having the difficulty. ARTICLE XIII NOTICES Section 1. Notices to be given hereunder, unless otherwise designated in writing, shall be deemed sufficiently given and served when deposited in the United States mail, postage prepaid, by first class, certified or registered mail to the following addressess: To Seller: Pioneer Natural Gas Company P.O. Box 511 Amarillo, Texas 79163 To Buyer: City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Section 2. Routine communications, including monthly statements and payments, shall be considered duly delivered when deposited in the United States mail, postage prepaid, by first class, certified or registered mail to the above addresses, or to such other address as may be mutually agreed upon. ARTICLE XIV SUCCESSORS AND ASSIGNS Section 1. This agreement may not be assigned by either party without the written consent of the other party, provided, however, either party may assign its rights, title and interest in, to and under this agreement to a trustee or trustees, individual or corporate, as security for bonds or other obligations or securities, without such trustee or trustees assuming or becoming in any respect obligated to perform the obligations of the assignor under this agreement, and, if any such trustee be a corporation, without its being required to qualify to do business in any state in which any performance of this agreement may occur. However, such assignment, for security purposes, shall not relieve the assigning party of any of its obligations under this agreement. ARTICLE XV MAINTENANCE OF FACILITIES Section 1. Each party hereto shall maintain the equipment, including meters and facilities owned by it and used in its performance hereof, in good, safe, efficient operating condition and repair. f J r ATTEST: _/s/ Carolyn Shaffer Assistant Secretary ATTEST: /s/ Evelyn Gaff�a__ Secretary ARTICLE XVI DURATION OF AGREEMENT Section 1. This agreement shall be effective as of 7:00 A.M. on the first day of January, 1980, and shall continue and remain in full force and effect for a term ending December 31, 1985, unless extended by agreement of the parties pursuant to the terms of Section 5 of Article VII hereof. ARTICLE XVII INDEMNIFICATION Section 1. Seller agrees to indemnify and hold harmless Buyer against any and all loss, cost, claim or demand on account of any damage to prop4ty or injury to persons arising or resulting from Seller's operations hereunder. Buyer agrees to indemnify and hold harmless Seller against any and all loss, claim or demand on account of any damage to property or injury to persons arising or resulting from Buyer's operations hereunder. ARTICLE XVIII DESCRIPTIVE HEADINGS Section 1. The descriptive headings of the provisions of this agree- ment are formulated and used for convenience only and shall not be deemed to affect the meaning or construction of any such provisions. ARTICLE XIX MISCELLANEOUS Section 1. It is agreed and understood that the supply and delivery of gas from Seller's lines as contemplated by this agreement is not within the objects or purposes of Seller in constructing, operating and maintaining said lines but is merely incidental to the construction, operation and maintenance of such lines to furnish domestic and commercial service in I cities and towns connected to its system. 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 assertin 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 agreement, then the price as provided herein shall be adjusted as required in view of such established price. EXECUTED as of the 12th day of December, 1979. PIONEER NATURAL GAS COMPANY, a Division of Pioneer Corporation By /s/ M. D. LaGrone M.D. LaGrone, Senior Vice President � ` 1 Public Accountants, attached herewith which of the Council and as spread upon the minutes and be a part of this Resolution as if fully 04C 12 shall be spread upon the minutes of this Council shall constitute copied herein in detail. Passed by the City Council this 12th day of December /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ J. C. Blagg Jim Blagg, Assistant City Manager APPROVED AS TO FORM: /s/ John C. Ross John C. Ross, Jr., City Attorney ,]979. STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT made and entered into this 12th day of December ]979, between the City of Lubbock, Lubbock County, Texas, hereinafter referred to as City, and Mason, Nickels and Warner, Certified Public Accountants, Lub- bock, Texas, hereinafter referred to as Accountant. WITNESSETH: THAT for and in consideration of the mutual convenants and promises hereinafter contained, it is agreed between the parties hereto as follows: I. The Accountant agrees for the consideration hereinafter expressed, to make an independent examination of the financial statements of the City in accord- ance with the provisions of Chapter 1, Article IX, Section 26 of the Charter of the City, said examination to include each and all of the matters and things provided for in said Section of said Charter, and to include any other things and matters that might be properly made in accordance with generally accepted auditing standards and that, to the extent necessary and practicable, the audit procedures on Governmental Accounting titled Governmental Accounting Auditing and Financial Reporting or its equivalent shall be followed. The accountant shall work closely with the City and shall assist the City in preparing the financial information necessary for the City to obtain a Certificate of Con- formance from the Municipal Finance Officers Association. Although defalca- tions and similar irregularities may occasionally be disclosed by this type of examination, it is not designed for this purpose and should not be relied on to disclose fraud, should any exist. Accountants will report to City anything that appears to them during their examination to be unusual or abnormal. It is specifically understood by both parties to this agreement that the scope of the examination shall be sufficient so as to allow the Accountant to either render or deny an opinion on the financial statements. For purposes of this agree- ment, financial statements shall include only those statements necessary for compliance with generally accepted accounting principles. Accountant agrees to provide City with a letter of recommendations which may lead to better effi- ciency and operation. Upon request of the City the accountant shall furnish work papers or other documentation upon which such recommendations are made. II. Said examination shall cover the fiscal year period from October 1, 1979, to September 30, 1980, with the exception of the Lubbock Firemen's Relief and Retirement Fund, which will cover the twelve month period from January ], ]980, to December 3], ]980. The Accounting Services shall be extended for an ad- ditional four periods, as stated above, unless cancelled by either party hereto. In the event of cancellation, notice shall be given to the other party on or before May 15 of the year cancellation is to be effective. III. Without impairing the provisions of the above referred to Section 26 of said Charter, said examination shall specifically include the following funds and agencies of the City: General Fund Capital Projects Fund Debt Service Fund Trust and Agency Funds Electric Revenue Funds Sanitation Revenue Fund Water Revenue Fund Sewer Revenue Fund Internal Service Fund Municipal Airport Fund Special Assessment Fund 0�0 12 1979 Grants Fund Special Revenue Fund (Revenue Sharing Fund) General Fixed Assets General Long Term Debt Statement of Accountability of the Tax Assess Civic Lubbock, Inc. Lubbock General Athletic & Recreational Assoc Lubbock Board of City Development Lubbock Firemen's Relief & Retirement Fund and Federal Grant Certifications, to the extent procedures are those necessary in rendering an operations. Additional audit work necessary to ports, as required by a Federal grant, will be the scope of this agreement. that required audit opinion of the City's render special re- considered outside s Further, it is understood between the parties that said City does not desiri the Accountant to attempt confirmation of delinquent taxes by direct correspon- dence with the debtor in connection with the examination of the Tax Assessor- Collector's Office, and that such limitation of scope may cause the Accountant to qualify his opinion at least to that extent. IV. The Accountant shall undertake the performance of the examination as soon as possible, and in no event later than the time prescribed by the above referred to Section 26, of the Charter of the City. The Accountant agrees to complete his report by January 31 following the close of the City's fiscal year and deliver to the City a camera ready copy. V. The City agrees to make available to the Accountant at the expense of the City the printing facilities of the City and any other facilities or personnel that will aid said Accountant in the conduct of the examination. VI. The City agrees to pay the Accountant for Accountant's services under this agreement as follows: (a) The Accountant shall prepare a statement showing the hourly rates for Accountant and Accountants employees together with a total charge for the work to be performed by Accountant. (b) The statement referred to in paragraph (a) above shall be submitted to the City Council for approval at least 30 days prior to Accountant undertaking the work contemplated by this agreement. (c) The Accountant shall submit a separate statement for his services for each years service to be performed under this agreement. (d) The Council will consider Accountants statement and either approve or reject same prior to Accountants performing services under this agreement. (e) I€ the City Council rejects Accountants statement, Accountant may submit a revised statement to the City Council provided this can be accomplished prior to the start of the time period to be covered by said statement. If there is not sufficient time to submit a revised statement or if the revised statement is rejected by the Council then in such event the original reject or the rejection of the revised statement, which ever is applicable, shall operate to cancel the entire agreement between the parties. The City shall then be free to either negotiate a new agreement with Accountant or to engage another Accountant for the purposes contemplated by this agreement. (f) If the City Council accepts the Accountants statement then such statement shall be attached to this agreement by the City Secretary and shall become a part of this Contract for all purposes. It is understood by the parties that a statement shall be submitted for each year that this Contract is in force and that the statement approved for the current year for which services are being performed shall always be the controlling statement and shall establish the consideration to be paid Accountant for the year in question. VII. If during the course of this Contract City requires the services of Accountant on matters outside the scope of this agreement then in each such case Accountant agrees it will submit a statement for each services and if accepted by the City Council will enter into a Contract with the City covering such additional work. In the event the City does not accept Accountants state- ment then in such event the City is free to engage another Accountant to perforo such additional work. VIII. During the course of this Contract Accountant shall submit to City a de- tailed statement of all work performed by Accountant for City under this agree- ment. Such statement shall contain the classification of each person who has performed services under this agreement for the City together with a detailed hourly breakdown showing the services rendered and the time of each person rendering such service. Accountant further agrees to provide to the City on request additional information to justify any statement submitted for payment under this agreement to City. IX. The Accountant may submit progress billing at selected intervals based on work performed. The City may withhold 10% of such billing until final approval of the Audit. IL w .ti X. It is further agreed between the parties that for the purposes of deter- mining the place of the Contract and the law governing the same, that this Contract is entered into in the City and County of Lubbock, State of Texas, and shall be governed by the laws of the State of Texas. ATTEST: CITY OF LUBBOCK /s Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney /s/ Dirk West DIRK WEST, MAYOR MASON, NICKELS & WARNER /s/ Larry Anderson PARTNER - - The proposed contract for audit services by Mason, Nickels and Warner, CPAs. is for a five-year period and contains the following provisions: 1. The proposed contract contains no rates or maximum fees to be charged. The rates and fees will be determined on an annual basis by Council action. 2. Provisions have been included to require detailed billing statements to the City as to all fees billed. 3. Several related agency audits which are no longer required were deleted. These are: Lubbock City/County Child Welfare Unit Lubbock City/County Welfare Unit Lubbock Citizens' Traffic Commission Mr. Larry Anderson, partner, of the CPA firm indicated their concurrence to the proposed contract. The motion was made by Councilman McAlister, seconded by Councilman Aderton to pass Resolution No. 368 authorizing a five-year contract with Mason, Nickels and Warner, CPAs. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-380-799-1358 Bid No. 5602 for fire fighting equipment - miscellaenous items (Fire De t.) (34) Item #3, 18 Hi -Plains Fire Apparatus Co. Amarillo, TX Item #10, 20, 21 Texas Fire Fighters Equipment New Braunfels, TX Item #25 Lietz Equipment Company Albuquerque, NM Item #5, 7, 11, 12, 19 Halprin Supply Company Los Angeles, CA Item #8 Fire Appliance of Texas Wichita Falls, TX Item #1, 2, 4, 6, 9, 13, 14, 15, 16, 17, 22, 23, 24, 26, 27 Daco Fire Equipment Co. 79-38A799-1359 Bid No. 5611 for voice logging equipment (ire Dept .)__CR-eyenue__Sharing (35) Funds). - - 79-38&799-1360 (36) 79-38&799-1361 (37) Low -bidder Martin Zienkosky Browne & Associates, Dallas, TX Bid No. 5597 for automobiles for various departments. Item #1, 2, 3 Fenner Tubbs Company Bid No. 5598 for automobiles for Police and Fire Depts. Item #2, 4 Gene Messer Ford Item #1, 3 Fenner Tubbs Company 79-38IL800-1362 Bid No. 5605 for pickup trucks for various departments. Item #4, 5, 6, 8, 9, 11, 12, 14, 15, 18 Pollard Friendly Fo Item #10, 13, 16, 17, 19, 20 Modern Chevrolet Co Item #7 Gene Messer Ford Item #1, 2, 3 Brunken Toyota 79-38400-1363 Bid No. 5579 for trucks for the Sanitation Department. Item #1, 2, 3 South Plains Intern Truck Company 79-3A800-1364 (40) 79-38400-1365 (41) 79-38- 800-1366 (42) 79-381800-1367 (43) 79-384800-1368 (44) 79-386-800-1369 (45) Bid No. 5604 for utility tractor with mower Park & Rec. Dept.) Low -bidder Lubbock Implement C Bid No. 5633 for re air on bookmobile unit (Library). Low -Bidder Action Trailer & Eq Bid No. 5634 for re air on bookmobile truck(Library). Low -bidder Hufstedler GMC Bid No. 5603 for transformers distribution type Elec. Dist.). Itemization available through the Director of Purchasing. The motion was made by Councilwoman Jordan, seconded by Councilm McAlister to approve Bids 5602, 5611, 5597, 5598, 5605, 5579, 56 5633,5634 and 5603. Motion carried: Mayor West, Mayor Pro Tem Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea voting Nay. Bid No. 5593 for two fire trucks Fire De t. (Fire Station Capital Projects Fund). Ordinance No. 7977 Appropriation ordinance from Fire Station Ca ital Projects Fund for one fire truck as specified in Bid No. 5593, and miscellaneous fire fighting equipment, as s ecified�in Bid No. 5602 above. Bid #5593, and Bid #5602 FORM L-2 ORDINANCE NO. 7977 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, and this ordinance deals with the daily operation of City departments. 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: FIRE STATION CAPITAL PROJECTS FUND. The sum $96,863.57 For the following purpose: To purchase one Triple Combination Pumper and Equipment: Bid #5593 - New Pumper $78,313.00 Bid #5602 - Equipment 8,746.88 $87,059.88 Equipment Capital Account for purchase of Budgeted equipment. (Equipment Replacement Bid #5602 - Equipment $ 9,803.69 Fund) TOTAL FUNDS $96,863.57 W w Is +"1 wo fm 79-381801-1370 (46) A co ai Q) 00r4 co 00 00 30 0 I , 00 r1 v1 N 10 \ 11 N r1 ow iy 1�\\ rl N M ON CV W 3 \ Of Ln ^ c7 00 00 r o ­1 -I O 4J �D n O O O 00 Cu=O N Cn Z" �� � (3)� �+ aJmW W °''� ` ro d 3W ^ 000 OJ 0 G. o SJ N 0) nn oA do corn 4r CL Cc Cd co U U U AND IT IS SO ORDERED. Passed by the Council on first reading this 12th day of December, 1979. Passed by the Council on second reading this day of , 1979. DIRK WEST, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Foster Tom Foster, Fire Chief VERIFIED BY: /s/ Jim C. Blagg Finance Officer The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve Bid No. 5593 and to pass Ordinance No. 7977 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution No. 369 Bid No. 5618 for construction at Southeast Water Reclamation Plant, and authorize same. JWF:cl RESOLUTION $ai gc WHEREAS, the City Council of the City of Lubbock has considered bids for construction work to be done on phase No. 1 renovation of Plant No. I Southeast Water Reclamation Plant for the City of Lubbock, Texas, and after due consider- ation of said bids the City Council has determined that the lowest and best bidder is Anthony Mechanical, Inc., of Lubbock, Texas, and, WHEREAS, the City Council of the City of Lubbock finds it would be in the public interest to enter into a Contract for such improvements; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the said City a Contract to be entered into by and between said City and Anthony Mechanical, Inc., for G.W.O. 10982 for construction improvements as regards phase No. 1 renovation of Plant No. 1 Southeast Water Reclamation Plant. The amount of such Contract is $434,662.00. Passed by the City Council this 12th day of December ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelvn Gaffea Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Worth Fullingim J. Worth Fullingim, Asst. City Attorney APPROVED AS TO CONTENT: /s/ Sam Wahl Sam Wahl, Director of Utilites City Engineer *NOTE: Specifications and Contract Documents for Phase No. 1 Construction Plant No. 1 Southeast Water Reclamation Plant GWO 10,10982 filed with original REsolution No. 369. Low -bidder Anthony Mechanical 4C 12 1979 79-38Q802-1371 (47) The contract was awarded to Anthony Mechanical Company in the amount of $408,059 as a base bid. Ordinance No. 7978 Appropriation ordinance from Sanitary Sewer Capital Projects Fund for construction at Southeast Water Reclamation Plant, as specified in Bid No. 5618, above. FORM L-2 ORDINANCE NO. 7978 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific 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 fund, to -wit: Sanitary Sewer Capital Project Fund The sum $ 434,662.00 For the following purpose: Phase No. 1 Renovation of Plant No. 1 Southeast Water Reclamation Plant Contract = $408,059.00 Electrical $ 1,200.00 Paving Repai_r_ $ _ 800.00 Sub Total = $410,059.00 + 6% Engineering $ 24,603.00 TOTAL - $434,662.00 AND IT IS SO ORDERED Passed by the Council on first reading this 12th day of December 1979. Passed by the Council on second reading this day of , 1979. ATTEST: CITY SECRETARY -TREASURER MAYOR VERIFIED BY:/s/Jim C. Blagg FINANCE OFFICER APPROVED BY: Is/Wilford D. Watson/Water Utilities HEAD OF DEPT. DEPT. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve Bid No. 5618, to pass Resolution No. 369 authorizing the contract with Anthony Mechanical Company, the low -bidder on referenced bid, and to pass Ordinance No. 7978 on the first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38�-802-1372 Resolution No. 370 (48) Bid No. 5575 for construction of entrance and service road, and authorize same (Airport). 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 award the contract bid for Entrance and Service Road Construction at the Lubbock International Airport to Kerr Construction Company and to execute for and on behalf of the City of Lubbock, a construction contract with f IN *q MP 49 2 same Kerr Construction Company, in the amount of $708,032.25 subject to prior execution by the contractor and final approval by the City Attorney. Said contract is 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 12th day of December '1979. ATTEST: /s/ Evelyn Gaf€iza Evelyn Gaffga, City Secretary --Treasurer APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom, Assistant City Attorney CONTRACT STATE OF TEXAS ) ( COUNTY OF LUBBOCK ) /s/ Dirk WEst DIRK WEST, MAYOR THIS AGREEMENT, madeand entered into this 12th day of December A.D., 1979, by and between the City of Lubbock, of the County of Lubbock, and State of Texas, acting through Dirk West, Mayor thereunto duly authorized so to do, Party of the First Part, hereinafter termed Owner, and Kerr Construction Co. of the City of Lubbock County of Lubbock and State of Texas Party of the Second Part, herein after termed Contractor. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (Contractor), hereby agrees with said Party of the First Part (Owner), to commence and complete the construction of certain improvements described as follows: The construction of approximately 36,800 square yards of flexible pavement on entrance and service roads at the Lubbock International Airport. Con- struction also includes approximately 7,700 linear feet of curb and gutter on the entrance roads, construction of drainage structures, marking of roadway pavement, installation of signs and reflective markers, and other related items of work, all as shown on the plans entitled, "City of Lubbock Texas, Lubbock International Airport, Entrance and Service Road Construction", dated September, 1979, and the specifications attached hereton. This contract shall include all extra work in connection, therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, and in accordance with the Plans, which includes all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by Parkhill, Smith & Cooper, Inc., Consulting Engineers, Lubbock, E1 Paso and Midland, Texas, herein entitled the Engineer, each of which has been identified by the endorsement of the Contractor and the Engineer thereon, together with the Contractor's written Proposal, the General Conditions of the Agreement, and the Performance Bond and Payment Bond hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 300 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $50 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 32 of the General Conditions. Soy{ OV 12 1979 79-38404-1373 (49) The Owner agrees to pay the Contractor in current funds for the per- formance of the contract in accordance with the Proposal submitted therefore, subject to additions and deductions, as provided in the specifications, and to make payments on account thereof as provided therein. G IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: By /s/ Evelyn_Gaffga City Secretary ATTEST: By Affix Corporate Seal, if any Low -bidder Resolution No. 371 Party of the First Part (Owner) CITY OF LUBBOCK, TEXAS By /s/ Dirk West Dirk West, Mayor Party of the Second Part (Contractor) KERR CONSTRUCTION CO. By Complete Address: P. 0. Box 888 Lubbock Texas 79408 Kerr Construction Company Bid No. 5574 for construction of transformer vault and beacon light, and authorize same (Airport). 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 award the contract bid for Transformer Vault and Beacon Construction at the Lubbock International Airport to R.L. Frazier Company, and to execute for and on behalf of the City of Lubbock, a construction contract with same R.L. Frazier Company, in the amount of $362,543.00 subject to prior execution by the contractor and final approval by the City Attorney. Said contract is 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 12th day of ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom, Assistant City Attorney CONTRACT I STATE OF TEXAS ) ( i COUNTY OF LUBBOCK ) December /s/ Dirk West DIRK WEST, MAYOR ,1979. THIS AGREEMENT, made and entered into this 12th day of December A.D., 1979, by and between the City of Lubbock, of the County of Lubbock, and State of Texas, acting through Dirk West, Mayor thereunto duly authorized so to do, Party of the First Part, hereinafter termed Owner, and R. L. Frazier Company of the City of Lubbock , County of Lubbock and State of Texas , Party of: the Second Part, herein after termed Contractor. F_ 79-4-805-1374 (50) 105 IRT 2 1979 WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (Contractor), hereby agrees with said Party of the First Part (Owner), to commence and complete the construction of certain improvements described as follows: The construction of a new transformer vault, installation of transformer vault equipment, installation of standby engine -generator, installation of airport rotating beacon, installing new lighting cable, installing duct, construc- tion of manholes, and other related items of work, all as shown on the plans entitled, "City of Lubbock, Texas, Lubbock International Airport, Transformer Vault and Beacon Construction," dated September, 1979 and the specifications attached hereto. This contract shall include all extra work in connection, therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, and in accordance with the Plans, which includes all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by Parkhill, Smith & Cooper, Inc., Consulting Engineers, Lubbock, E1 Paso and Midland, Texas, herein entitled the Engineer, each of which has been identified by the endorsement of the Contractor and the Engineer thereon, together with the Contractor's written Proposal, the General Conditions of the Agreement, and the Performance Bond and Payment Bond hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 180 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $50 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 32 of the General Conditions. The Owner agrees to pay the Contractor in current funds for the per- formance of the contract in accordance with the Proposal submitted therefore, subject to additions and deductions, as provided in the specifications, and to make payments on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: By /s/ Evelyn Gaffga City Secretary ATTEST: By Affix Corporate Seal, if any Low -bidder Ordinance No. 7975 Party of the First Part (Owner) CITY OF LUBBOCK. TEXAS By /s/ Dirk West Dirk West, Mayor Party of the Second Part (Contractor) R. L. Frazier Company By Complete Address: 5506 27th Street Lubbock, Texas 79407 R. L. Frazier Company �2propriation ordinance from Airport Revenue Fund for improvements specified in Bid No. 5575 and Bid No. 5574, above. TM II AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; il °��ts79 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: AIRPORT CAPITAL PROJECTS FUND The sum of $304,685.00 For the following purposes: Entrance and Service Road Construction at the Lubbock International Airport - $215,745.00 Transformer Vault and Beacon Construction at the Lubbock International Airport - $88,940.00 AND IT IS SO ORDERED. Passed by the Council on first reading this 12thday of December , 1979. Passed by the Council on second reading this day of , 1979. DIRK WEST,- MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: arv'n Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/Susan M. Tom Susan M. Tom, Asst. City Attorney VERIFIED BY: Is/Jim C. B1agg_ Finance Officer 1. Entrance and Service Road Construction: Kerr Construction Company $708, 032 Lubbock Asphalt Products, Inc. 735,531 (Engineer estimates $730,217.50) 2. Transformer Vault and Beacon Construction: R. L. Frazier Company $362, 543 (One bid received) (Engineer estimates $384,622.50) Distribution of cost based upon the low bids received: 1. Entrance and Service Road Construction: (Contract #2) FAA Non-Partici2ating FAA Participating Construction, as bid $38,488 $669,544 Construction Contingencies 3,849 66,954 FAA Non -Participating FAA Participating Engineering Resident Representative Testing & Administration 5,895 $101.066 Total Estimated Cost of Entrance & Service Road Construction 48,232 837,568 DEC ' 1979 goj, R GB:cl RESOLUTION NO. 375 B E 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, subject to the review and approval as to form by the City Attorney and review and approval as to content by the Director of Community Facilities, a Contract between the City of Lubbock and Ed Lampe Building Contractors, Inc., for the construction of a branch library building on Leroy Elmore Park, 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 13th day of December /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Lawrence Banks Lawrence Banks, Administrative Assistant Community Facilities APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Asst. City Attorney CONTRACT 1979. THIS AGREEMENT, made this 14th day of December, 1979, by and between_City of Lubbock, Texas, (Corporate Name of Owner) herein called "Owner," acting herein through its Mayor, Dirk West, and (Title of Authorized Official) Ed Lampe, Building Contractor, Inc. _ STRIKE OUT (a corporation) *a mzi== xs INAPPLICABLE (an individual doing business as TERMS ) of Lubbock , County of hereinafter called "Contractor." Lubbock and State of Texas , WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: A Branch Library for Lubbock City -County Libraries, Lubbock, Texas, all as shown and detailed in the Plans and Specifications entitled same and dated October 15, 1979, and as per the attached Amendments to the Plans and Specifications which are made a part of this contract. hereinafter called the project, for the sum of Five Hundred Six Thousand Tow Hundred Three and No/100 Dollars ($506 203.00) and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract: and at his (i-Xsxzxx:tkx#x) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Supple- mental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by BGR Architects -Engineers,_ _ Lubbock, Texas, herein entitled the Architect/Engineer, and as enumerated in Paragraph I of the Supplemental General Conditions, all of which are made a part hereof and col- lectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 365 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. Sob b :c i a 1979 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. ['i IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. (SEAL) ATTEST: City of Lubbock, Texas (Owner) /s/_ Evelyn Gaffga By /s/ Dirk West (Secretary) Dirk West Mayor,_City of Lubbock (Witness) (Title) ^ (SEAL) Ed Lampe,_ Building Contractor, Inc. (Contractor) By /s/ Ed Lampe (Secretary) Ed Lampe President (Witness) (Title) P. 0. Box 6122 Lubbock Texas 79413 (Address and Zip Code) NOTE: Secretary of the Owner should attest. If Contractor is a corporation. Secretary should attest. AMENDMENTS TO CONTRACT 1. On Sheet E-2, change scheduled light fixtures A & B from Lithonia VC Series to Lithonia LB Series fixtures. 2. On Sheet E-2, change scheduled light fixtures C, D, & E from Lithonia 2GP Series to Lithonia 2GS Series Fixtures. 3. On Sheet E-2, delete scheduled halo light fixtures M, N, & P including light track. All switching, wiring and J-Box at ceiling with cover plate will remain as part of contract. 4. Delete requirement for fiber board carton forms under all grade beams. 5. Reduce thickness of concrete drive -ways from 6" to 5" and change type of concrete to 2500 psi strength concrete. 6. Reduce the width of the north entrance drive from 24' back-to-back of curb to 18' overall width back-to-back of curb and provide invert "V" for drainage at centerline of drive. Approved as to form: s/ John C. Ross. Jr. Contract approved: /s/ J.W.W. 07 J . " Ic FAA Nan -Participating FAA, Participating Totals Total Estimated Costs Combined Projects 48,232 1,282,266 $1,330,498 Total Estimated City Cost (20%) 48,232 256,453 304,685 Total Estimated FAA Portion (80%) -0- 1,025,813 1,025,813 2. Transformer Vault and Beacon Construction: (Contract #1) FAA Participating Construction, as bid $362,543 Construction contingencies 36,254 Engineering, resident representative, testing and administration 45_,_905 Total Estimated Cost of Transformee Vault and Beacon Construction $444,702 The above items are related to a grant from the Federal Aviation Administration which previously allocated $922,694 for the above projects. The work in this project covers the addition of one more lane with curb and gutter for the entrance road between the parking area south on Quirt to FM 2641 this service road will connect the west apron with the terminal apron for all service vehicle and keep them off the runways and taxiways thus improving a hazardous area. The new electric transformer vault will have an emergency generator and will make the field lighting more reliable. The motion was by Councilwoman Jordan, seconded by Councilman McAlister to approve Bid No. 5575, to pass Resolution No. 370 authorizing the contract with Kerr Construction Company; to approve Bid No. 5574 and to pass Resolution No. 371 authorizing the contract with R. L. Frazier Company; and to pass Ordinance No. 7975 on first reading, said ordinance related to the above referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38&807-1375 Consider acceptance of grant from FAA for the federal share of Bid No. (51) 5575 and Bid No. 5574, above. At the Work Session prior to the Regular City Council Meeting, BY CONSENSUS the item will be discussed at a later meeting. The Council recessed at 3:00 p.m. for Executive Session and for completion of the Work Session agenda. At 4:45 p.m. the motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to adjourn. The motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. WEST, MAYOR ATTEST: L-� Evelyn Gaf ga, ity S r -Treasurer READ AND APPROVED THIS THE loth DAY OF January , 1980. Twaw0000� NZWC WEST, MAYOR ATTEST: elyn Ga a, City Se a Treasurer