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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/28/1980l 131 FEB 2 8 198 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 28, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, February 28, 1980, at 9:30 a.m. in the City 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. 80-39-131-198 The invocation was given by Sam Wahl, Director of Water Utilities. �80-39-131-199 (1The Pledge of Allegiance to the Flag was given by those present in the (2) Council Chambers. s 80-39-131-200 Approval of Minutes - Regular Meeting, February 14, 1980 (3) The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve the above referenced minutes, as corrected. Motion carried: Mayor West, Mayor Pro Tem Alan Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Citizen Appearances E 180-39-131-201 Proclamations (4) The following proclamations were presented by the various members t of the Council: "Drug Abuse Prevention Week" - February 24-March 1, 1980 Receiving: Oscar Jones "National Nutrition Month" - March 1980 Receiving: Mary Mayse "Camp Fire Birthday Week" - March 10-16, 1980 Receiving: Julie Cunningham and the WILD AND CRAZY KIDS "Rotary International Week" - February 23-29, 1980 Receiving: J. Davis Armstrong, District Governor Joe Murphy, President, Downtown Rotary Club 80-39-131-202 "Airman of the Month" (6) Senior Airman Lambert J. Sikkema �,c°.c�t4cx�:�c�4xx�c�:c:c:c�Y:F4c4c�F�ti�cx�c9cs:�c�ti�c�tisc�F:c�:c�Y�c:c9c�Y�4c9c4c9c4c��>ti3c4cx4c�c�ti�9r3c9c�c4c'c�:4c:c'c'.csYx� At 9;53 a.m., Mayor West announced that an Executive Session would be held for the purpose of considering land acquisition. This announcement was made in accordance with Section 2-F, Art. 6252, V.A.T.S. :C:�:C�Y�.Ck�C4c�C�:>tisYsCsYsc�C4cx:C�x��C3c�<4c9c�.c�C�.csF:CSC:C�Y�C�Y�C�Cx�C�C.�C*�c�C:Cx��.C�C�C�C�.c�CxsF4c4c*4c4c�C4c�C�C�C�C:C 80-39-131-203 Ordinance No. 8001 (7) An appropriation ordinance for transfer of funds from Sanitation Capital Reserve Fund to Sanitation Capital Fund for equipment replacement. 132 ` FEB 2 8 1980 0 ORDINANCE NO. 8001. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it necessary to move certain fund monies from the Sanitation Capital Reserve Fund No. 30 to the Sanitation Capital Expenditures Fund No. 30 for FY 79-80 for the following purposes: BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF LUBBOCK: THAT there is hereby appropriated out of the Sanitation Capital Reserve Fund No. 30 the sum of $711,585.00 into the Sanitation Capital Expenditures Fund No. 30 for the following purposes: 1. Residential Collection Equipment , 6 - Trucks Front PTO's Tires, Rims, Foamfill 2. Commercial Collection Equipment 2 - Trucks Tires, Rims, Foamfill 3. Landfill Equipment $ 186,096 14,000 30,000 71,556 10,000 $230,096 81,556 Service Truck 21,348 (change over and equipping) Proposed Equipment Purchase & Municipal Building Improvements 1. Residential Collection Equipment 7 - Trucks 256,885 3 - Packer Barrels 44,700 7 - Front PTO's 14,000 Tires, Rims, Foamfill 35,000 350,585 2. Maintenance Building Improvement 17,631 Container Maintenance Equipment 10,369 28,000 $711,585 AND IT IS SO ORDERED. Passed by the Council on first reading this 14 day of February 1980. Passed by the Council on second reading this 28 day of February 1980. ATTEST: /s/ Evelyn Gaff9a Evelyn Gaffga, City Secretary -Treasurer VERIFIED BY: Isl J. Robert Massengale FINANCE OFFICER APPROVED AS TO CONTENT: /s/ Denzil Percifull Denzel Percifull, Director of Public Services /51 n:-I, 1.1-st DIRK WEST' MAYOR ­ APPROVED AS TO FORM: /s/ Leon Bean 133 FEB 2 8 1980 (8o-39-133-204 (8) 7., '80-39-133-205 (9) FJ Ordinance No. 8002 appropriation ordinance from Water Capital Project Fund for purchase of pumps and motors for Sandhills Well Field (Bid #5709). ORDINANCE NO. 8002 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, towit: WATER CAPITAL PROJECT FUND The sum $105,472.00 For the following purpose: Purchase and install twelve deep well turbine pumps and motors for Sandhills Well Field Project Wells 207218 Bid Price $99,502.00 Engineering & Contingencies 5,970.00 105,477.00 AND IT IS SO ORDERED Passed by the Council on first reading this 14th day of February , 1980. Passed by the Council on second reading this 28th day of February 1980. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER VERIFIED BY: /s/ J. Robert Massengale Finance Officer APPROVED BY: /s/ Guy Wilson Head of Water Utilities Dept. a Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinances 8001 and 8002 on second and final reading. Motion aarried: Mayor West, Mayor Pro Tem. Alan Henry, Councilwoman Jordan, . Councilmen Aderton and McAlister voting Yea; none voting Nay.i= ORDINANCE NO. 7999 (2/23/80) was Ordinance No. 7999 amended by Ordinance No. 8228 _(9/ 10/81) _ An ordinance amending Chapter 5 of the Code of Ordinances providing for _) the adoption of the 1979 Edition of the Uniform Building Code, amending Sec. 5-2 and providing for amendments to the 1979 Edition. At the February 14, 1980, Regular City Council meeting, the Council re- quested a subsequent report on two items that were presented by the Building Study Code Committee that deviated from the Uniform Building Code, to -wit: Egress or Rescue Windows: "Exception: All egress or rescue windows from sleeping rooms in one or two-story single-family residences only, shall be classified into windows which have sash that slide into the frame or sash that hinge or pivot in the frame. All windows with sliding frames shall have a net clear opening of 3.8 square feet, with a minimum clear opening dimension of 20 inches, either height or width. All windows which pivot in the frame shall have a net clear opening of 4.8 square feet, with a minimum dimension of 16 inches. Where windows are furnished as a means of egress or rescue, they shall have a finished sill height not more than 44 inches above the finished floor." Basements: Subsection 3302(a)2 of the Uniform Building Code, 1979 Edition, referred to the phrase "and basement" in the third paragraph of the referenced subsection. The Building Code Study Committee recommended that verbiage be altered to read "a basement." Additionally, the 134 1,000 square feet. These two changes do not create any legal problems but are primarily of a practical safety consideration The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass Ordinance 7999 on second and final reading, said Ordi- nance reflecting the recommendations of the Building Study Code Com- mittee. Motion carried: Mayor West, Mayor Pro Tem, Alan Henry, Council- woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ORDINANCE NO. 7999 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE) BY PROVIDING FOR THE ADOPTION OF THE 1979 EDITION OF THE UNIFORM BUILDING CODE; AMENDING SECTION 5-2 THEREOF PROVIDING FOR AMENDMENTS TO SUCH 1979 EDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-134-206 Setting a date and time to hold a public hearing on the annexation of a (24) tract of. land generally des - crib"ed as northwest of the Idalou Highway and south o_fUrsuline Street. At the time the Lubbock Children's Home request for annexation was con- sidered (Ordinance No. 7991, 2-14-80), the adjacent property owners also requested that an additional parcel be considered for annexation; that it would enhance their properties and be more compatible with the entire area. The above request was approved by the Planning and Zoning Commission and the staff recommends that a Public Hearing on this proposed annexation be held at the next regular City Council Meeting, March 13, 1980, at 1:30 p.m. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to hold a public hearing on the requested annexation, stated above, on March 13, 1980, at 1:30 P.M. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and Mc- Alister voting Yea; none voting Nay. 80-39-134-207 Resolution No. 417 (25) A contract for wrecker service for junk vehicle program. The Zoning office recommended cancellation of a contract with B. A. Slack Wrecking Service because of repeated problems in getting in touch with Mr. Slack for the proper service as contracted. It was mutually agreed that the contract with Mr. Slack be terminated. The proposed new contract is with Mr. Johnny McLaurin who has agreed to provide the service of removing and demolishing junk vehicles that are in violation of the City Code; additionally, he will pay the city $7.50 for each junk vehicle, and will pick up and dispose of the vehicle within forty-eight hours after being notified. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass Resolution No. 417 authorizing a contract with Johnny McLaurin for wrecker service. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. LGB: cl RRq0T,TTTT0N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Johnny McLaurin, for the removal and demolition of junked vehicles, said Agreement 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 28th day of February 1980. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffqa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Jerre]] Northcutt Jerrel Northcutt, Administrator 135 FE S 2 8 1990 JUNKED VEHICLE REMOVAL AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT entered into between the CITY OF LUBBOCK, Hereinafter called "City" and JOHNNY McLAURIN, hereinafter called "Contractor" for the removal and demolition of junked vehicles within the City of Lubbock: WITNESSETH: WHEREAS, the City of Lubbock has enacted an amendment to its Code of Ordinances providing for the removal and demolition of junked vehicles within the City of Lubbock in accordance with the Texas Abandoned Motor Vehicle Act and desires to enter into an agreement with the Contractor for the performance of such services upon the terms and conditions set forth below: 1. Contractor hereby agrees to pick up and dispose of junked vehicles within the City of Lubbock within forty-eight (48) hours as directed by the authorized Official of the City of Lubbock, such acts to be performed in accordance with the Ordinances of the City of Lubbock and the Texas Abandoned Motor Vehicle Act. 2. The Contractor shall be responsible for the keeping of records inci- dental to the removal and disposition of such junked vehicles and shall prepare the necessary forms needed by the City and the State of Texas in performing such services and such records shall be available to the City of Lubbock and State of Texas. 3. The Contractor shall pay to the City the sum of $7.50 for each junked vehicle picked up and disposed of upon direction of the City of Lubbock, such compensation shall be paid by the Contractor to the City the first of each month along with a statement listing all junked vehicles picked up and demolished during such month. 4. The Contractor shall maintain insurance in the following amounts: General Liability, Bodily Injury $50,000, Property Damage $25,000; Automobile Liability, Bodily Injury (each person) $25,000, Bodily Injury (each accident) $50,000, Property Damage $25,000; Worker's Compensation and Employer's Liability, $100,000. 5. The Contractor shall hold the City free from any liability or responsibility for the acts of the Contractor, its agents or employees in the performance of such services. 6. The term of this Agreement shall be for a period of twelve (12) months and may be terminated by either party upon thirty (30) days written notice to the other party. EXECUTED this 28th day of February , 19 80 ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas. /s/ Leon G. Bean Leon G. Bean, Assistant City Attorney APPROVED AS TO CONTENT: /s/ Jerrell Northcutt Jerrel Northcutt, Administrator Zoning and Environmental Control /s/ Dirk West DIRK WEST, MAYOR 136 FEB 2 8 1980 136 80-39-136-208 Request to install barriers at 82nd Street and Brentwood Avenue (26) At the February 14, 1980, Regular City Council meeting, Mr. Ron Modawell appeared before the Council requesting that permanent barriers be in- stalled at a key intersection located at 82nd Street and Brentwood Ave- nue, said intersection leading into side of his residence. This request resulted from an accident in early December 1979 which demolished his fence and the vehicle careening into the side of his house, he and his wife narrowly escaping injury. At that time the Council requested the City Staff look further into cost estimates and alternatives to this request. In terms of a barrier design that would stop an automobile, the Texas Transportation Institute at Texas A&M reported that 6" diameter iron pipes, spaced 16' apart, could be installed, said barrier would stop a 4,000 pound automobile traveling at 40 mph, that at the same time it would prove fatal to the driver of the vehicle. The cost of such a barrier would be $1,602.00. Another alternative would be the installation of three to four railroad ties, set in concrete, that could be used as a backwall. The Legal Department has advised both of these would create a liability upon the City indicating that the intersection itself was a dangerous area. The third alternative suggested by the City Staff, and the one which they would recommend, would be a (a) street light be installed on the north side of 82nd Street and Brentwood at an estimated cost of $500.00 and (b) an arrow sign be installed on the north side of 82nd Street and the ROW at an 'estimated cost of $60.00. If any fixed barricades are installed to stop an automobile, it is the recommendation of the Staff that they be installed on Mr. Modawell's property at his expense. Furthermore, it is the recommendation of the Staff that a light be installed on the north side of 82nd Street at Brentwood Avenue, and that a double arrow sign be installed on the north side of 82nd Street to assist oncoming traffic. Following all discussion, the motion was made by Councilman McAlister, seconded by Councilman Aderton to accept the recommendation of the Staff by installing a street light on the north side of Brentwood Avenue; additionally, to install a reflective double arrow sign on the north side of 82nd Street in the ROW portion. Motion carried: Mayor West, Mayor Pro Tem Alan Henry, Councilwoman Jordan, Councilmen McAlister, Aderton voting Yea; none voting Nay. 80-39-136-209 Resolution No. 418 (27) A resolution authorizing the Mayor to execute an Addendum to the con- tract for acquisition and relocation services between the City Of Lubbock and the Urban Renewal Agency. Under the Fifth Year Program, the Urban Renewal Agency has acquired park land in the south Overton neighborhood as well as at the Lake 6 area. The Real Estate Section of the Agency also recommends the acquisition parcel with funds remaining in the amount of $28,233.00, said parcel being located at 2015 14th Street, which may be acquired for approx- imately $19,500.00. Relocation costs are estimated at $4,500.00, involving the removal of four of the twenty structures in this half - block area. The Resolution authorizes an amendment to the contract between the Agency and the City for the expenditure of the remaining funds for the above referenced purpose. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolution No. 418 authorizing the addendum to the contract for acquisition and relocation services, referenced above. Motion carried: Mayor West, Mayor Pro Tem Alan Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 137 FEB 2 8 191 F`11 FJ, WMMc: bs DL'C!OT UrPTONT A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ADDENDUM TO CONTRACT FOR ACQUISITION AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. WHEREAS, the CITY and the AGENCY have heretofore entered into a Contract for Acquisition and Relocation Services for the purpose of acquiring certain lands for park facilities and open space; and WHEREAS, the CITY desires to have the AGENCY acquire certain additional lands in the vicinity of Carroll Thompson Junior High School in the South Overton area; and WHEREAS, the AGENCY desires to perform the functions for the CITY with respect to the acquisition of such lands and in the administration of the relocation activities necessary upon acquisition thereof; 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 an Addendum to Contract for Acquisition and Relocation Services between the City of Lubbock and the Urban Renewal Agency of 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 Council this 28thday of February , 1980. Zs/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W.M. McKamie W. M. McKamie, Assistant City Attorney AnnumnTru rrn CONTRACT FOR ACQUISITION AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK THE STATE OF TEXAS: COUNTY OF LUBBOCK: THIS Addendum to Contract is entered into on this 28th day of February —, 1980 by and between the CITY OF LUBBOCK, a home rule municipal corporation, hereinafter called "CITY", and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, hereinafter called "AGENCY". WITNESSETH: WHEREAS, the CITY and the AGENCY have heretobefore entered into a Contract for Acquisition and Relocation Services for the purpose of acquiring certain lands for park facilities and open space; and WHEREAS, the CITY desires to have the AGENCY acquire certain additional lands in the vicinity of Carroll Thompson Junior High School in the South Overton area; and 138 WHEREAS, the AGENCY desires to perform the functions for the CITY with respect to the acquisition of such lands and in the administration of the relocation activities necessary upon acquisition thereof; NOW THEREFORE, the CITY and AGENCY do hereby agree as follows: 1. Except as otherwise provided herein, all terms and conditions of the Contract for Acquisition and Relocation Services between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock shall constitute and express the entire agreement between the parties hereto. 2. Exhibit "B" of the Contract for Acquisition and Relocation Services between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock is hereby amended to add the following parcel: South Overton Park Parcel No. 67440-44-9 Description 2015 14th Street, Lot 8 Block 44, Overton Addition IN WITNESS WHEREOF, the CITY and AGENCY have executed this Addendum to Contract as of the first date above written. CITY OF LUBBOCK ATTEST: /s/ Evelyn Gaffqa Evelyn Gaffga, City Secretary -Treasurer /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W.M. McKamie W. M. McKamie, Assistant City Attorney ATTEST: /-,/ it Wpqt Dirk West, Mayor URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS /s/ George Nelson George Nelson, Chairman /s/ H.O. Alderson H. 0. Alderson, Secretary 80-39-138-210 The price and condition of sale of Parcel 3-4 (a part thereof) in the (28) Coronado -Tex. R-33 Urban Renewal Area. Redeveloper Price Redevelopment Margie Roberts $750.00 Single Family Residence 8o-39-138-211 The price and condition of sale of Parcel 41-6 (a part thereof) in the (29) Coronado-TexUrbanRenewal Area. Redeveloper Price Redevelopment Vardell Edwards $1,500.00 Single -Family Residence 80-39-138-212 The price and conditions of sale of Lot 3, Block-6, Memorial Center (30) Complex Te�x­R-138(c). Redeveloper Price Redevelopment Richard H. Slosburg $152,200,000 Commercial Office Building This parcel is for the proposed construction of a new Holiday Inn, which would contain 225 rooms, a meeting facility, and a restaurant, etc. This proposed con- struction was approved by the Urban Renewal Board at its recent meeting. 139 walwk The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve the sale of the above referenced parcels. Motion carried: Mayor West, Mayor Pro Tem Alan Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-139-213 Resolution No. 419 (31) A resolution authorizing the Mayor to execute an amendment application and contract for Operating Assistance Grant, under the Department of Transportation, Urban Mass Transportat71`onAct_o_fl9_64_, as amended. The amendment to the original grant contract is in the amount of $26,447.00 for operating assistance for which the City is eligible as determined by the 1978-79 fiscal audit conducted by the outside au- ditors. The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass Resolution No. 419 authorizing the amendment to the Operating Assistance Grant. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. DGV: cl RESOLUTION RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANT UNDER THE URBAN MASS TRANS-PORTATION ACT OF 1964, AS AMENDED, FOR AMENDMENT TO THE GRANT FOR FY 1978-79. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to insure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the MAYOR is authorized to execute and file applications on behalf of the City of Lubbock with the U.S. Department of Transportation, for amendments to the original grants to aid in the financing of operating assistance projects pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended, for the fiscal year 1978-79. 2. THAT the MAYOR is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. THAT JOHN L. WILSON, Transit Coordinator, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications or the project. 4. THAT the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 5. THAT the MAYOR is authorized to execute grant contract agreements on behalf of the City of Lubbock with the U.S. Department of Transportation for aid in the financing of the operating assistance projects. 1,40 Passed by the City Council this 28th day of February 1980. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ John L. Wilson John L. Wilson, Transit Coordinator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney .4g.4 Dirk. West DIRK WEST, MAYOR 80-39-140-214 Change Order No. 1 to Community Development Paving Project (CDWO 7819). (32) This Change Order adds a park road and parking lot immediately east of Quirt Avenue on the south side of Canyon Lake No. 6, and adds approxi- mately one block on North Ivory Avenue from the north side of the Hunt Elementary School to the south side of Estacado High School. Addition- ally, this Change Order deletes Manhattan Drive from the paving contract upon the request of the neighborhood. This change will increase the total contract by $12,099.73, for a total paving project of $805,238.85. The LISD has agreed by letter dated February 15, 1979 to pay a portion of the paving cost on Ivory Avenue in the amount of $35,996.05. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem. Henry to approve the Change Order No. 1 (CDWO 7819), adding the above referenced parcels to the paving project, and deleting that portion of Manhattan Drive previously approved to be included in the paving pro- ject. Motion carried: Mayor West, Mayor Pro Tem, Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-140-215 Authorizing advertisement of "Notice to Bidders" for paving improvements (33) in Revier Farm Addition, Lots 1 through 25 and 126 through 226. This item is necessitated because of the participation in the cost for extra width on collector streets in this subdivision; the City's cost for the extra width is $18,945.92 which includes 12th Street and Iola Avenue and Iola Drive, which are designated collector streets. The City pays the difference in a standard residential street of 36' width and the collector street width of 46'. The estimated cost for the extra width is $9,217.32 which includes 10th Drive and Ironton Avenue. The City is required to advertise for bid all costs exceeding $5,000.00. The motion was made by Councilman McAlister, seconded by Councilman Aderton to authorize the above referenced advertisement of Notice to Bidders. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Coucilmen McAlister and Aderton voting Yea; none voting Nay. 80-39-140-216 Ordinance No. 8010 (EMERGENCY MEASURE) (34) An appropriation ordinance from Street Improvement Fund for a portion of the City's cost on Slide Road from 82nd Street to 98th.St-reet as an emergency. This appropriation is in the amount of $12,500.00 for added cost as a result of bids received by the State on February 12, 1980. The State estimated curb and gutter cost at $5.75; the bids came in at $6.25. The urgency of this ordinance to comply with the State Highway Department timetable necessitates this ordinance being considered as an emergency measure. Councilwoman Jordan queried as to why the State Highway Department miscalculated in their estimates inasmuch as they are accustomed to computing estimates regularly, to which the response it apparently was an error in judgment on their part and no further explanation could be offered. Motion was made by Mayor Pro Tem. Henry, seconded by Councilman McAlister to pass Ordinance 8010 on an emergency basis. Motion carried: Mayor LTo , f- M­-- D-- T-- A 1 - U^_­ I T_ --I __ __- 1 ___ A -1 - __- --- 141 FES 2 8 1980 J L _J ORDINANCE NO. 8010 AN APPROPRIATION ORDINANCE AND AN EMERGENCY MEASURE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project immediately which affects the daily operation of the Engineering Department of the City of Lubbock and expeditious improvements to Slide Road to improve traffic conditions and safety of the citizens of the City of Lubbock which creates an emergency, and it is necessary to pay monies as hereinafter appropriated to the Texas Department of Highways and Public Transportation to meet the contract administration schedule said Department for such improvements: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. There is hereby appropriated out of the following described fund, to -wit: STREET IMPROVEMENT FUND The sum: $12,500.00 For the following purposee: Additional costs of the City in amount of $12,500.00 over and above what the City of Lubbock has already paid under Ordinance No. 7957 in the amount of $10,000.00 and under Ordinance No. 7993 in the amount of $97,100.00 for Slide Road improvements from 82nd Street to 98th Street. Section 2. That this ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof, and the rule requiring two readings of an ordinance before final passage be dispensed with, and this ordinance shall take effect immediately upon the passage ereof. AND IT IS SO ORDERED Passed unanimously by the Council this 28th day of February, 1980. /s/ Dirk Wtst Mayor ATTEST: VERIFIED BY: Zsl J. Robert Massengale /s/ Evelyn Gaffga FINANCE OFFICER City Secretary -Treasurer APPROVED BY: Isl Don Jennings Head of dept. APPROVED AS TO FORM: Isl J. Worth Fullingim. ASST. CITY ATTORNEY 1-39-141-217 Resolution No. 420 (35) A resolution making a formal offer, and, if not accepted, authorizing condemnation proceedings regarding �cel of land at East 50th Street and Quirt Avenue. This parcel is owned by Allison -Stevens, Inc., and is located on the west side of East Quirt at East 50th Street; the land is needed for a turning lane from East 50th Street south on East Quirt, and is a part of CDWO #7923, 5th Year Paving Program. The City's offer is $7,556.00. 0-39-141-218 Resolution No. 421 (36) A resolution making a formal offer, and, if not accepted, authorizing condemnation proceedings regarding i-j'ar adjacent to Quirt Avenue near East 52nd Street. The principal property owner is Calvary Baptist Church, and the land is located on the west side of East Quirt from 52nd Street north. The property is needed for a turning lane, as referenced above, and is appraised at $2,423.00. This right-of-way is also part of the CD 5th Year Paving Program. 142 FEB 2 8 1980 8o-39-142-219 Resolution No. 422 (37) A resolution making a formal offer, and, if not accepted, authorizing condemnation proceedings regarding a parcel of land adjacent to Quirt Avenue near East 52nd Street. The property owners are C. E. Husky and wife; the parcel is located on the west side of East Quirt from 52nd Street south, and is needed for the continuation of a turning lane, referenced above. Appraisal is $715.00; and is a part of the CD 5th Year Paving Program. 80-39-142-220 Resolution No. 423 (38) A resolution to purchase a small tract of land out of the Northeast corner of Lot—36, Block 2, Robinson Subdivision for a turning radius. This parcel of land is needed for the Sanitation Department for a turning radius for its trucks which have been required to back out of the alley located between 16th and 17th Streets, one block east of Avenue Q; the owner is willing to sell the parcel for $200.00. The motion was made by Councilman McAlister, seconded by Councilman Aderton to pass Resolutions 420, 421, 422 and 423. Motion carried: Mayor West, Mayor Pro Tem Alan Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. RESOLUTION 420 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Quirt Avenue for public street purposes in said City creating a need for additional right-of-way by said City to accomplish such purposes and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: A parcel of land out of Lot 1 and Lot 32, James Subdivision to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which is 25.0 feet South of the Northeast corner of Lot 32, James Subdivision, and also being in the East line of said Lot 32; THENCE West a distance of 21.19 feet to a point; THENCE North 1054'39"West a distance of 264.36 feet to a point, said point being the beginning of a curve to the left whose radius point bears West 30.00 feet, having a delta angle of 87017'31", a tangent length of 28.61 feet and an arc length distance of 45.71 feet; THENCE Northwesterly around said curve an arc length distance of 45.71 feet to a point; THENCE South 87'1731"East a distance of 58.64 feet to a point; THENCE South a distance of 291.41 feet to the Point of Beginning. SECTION 2. THAT the owners of said land including Allison - Stephens, Inc. BE offered through the Right -of -Way Department of the City of Lubbock the amount of SEVEN THOUSAND FIVE HUNDRED FIFTY SIX AND N01100 DOLLARS ($7556.00), which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28th day of January , 1980. /s/ Dirk West 143 w i j;j - APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Department APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT ALLISON-STEPHENS, INC., a corporation, hereinafter called "GRANTOR", for and in consideration of the sum of SEVEN THOUSAND FIVE HUNDRED FIFTY SIX AND N0/100 ($7556.00) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation, in cash, the receipt and sufficiency of which is hereby acknowledged and con- fessed, and for the payment of which no right or lien, expressed or implied is retained: Have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, as follows: A parcel of land out of Lot 1 and Lot 32, James Subdivision to the the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which is 25.0 feet South of the Northeast corner of Lot 32, James Subdivision, and also being in the East line of said Lot 32; THENCE West a distance of 21.19 feet to a point; THENCE North 1°54'39"West a distance of 264.36 feet to a point, said point being the beginning of a curve to the left whose radius point bears West 30.00 feet, having a delta angle of 87°17'31", a tangent length of 28.61 feet and an arc length distance of 45.71 feet; THENCE Northwesterly around said curve an arc length distance of 45.71 feet to a point; THENCE South 87°17'31" East a distance of 58.64 feet to a point; THENCE South a distance of 291.41 feet to the Point of Beginning. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said CITY OF LUBBOCK, its successors and assigns, forever and the said GRANTOR does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said CITY OF LUBBOCK, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS OUR HANDS this day of , 1980. ALLISON-STEPHENS, INC. BY: /s/ President THE STATE OF TEXAS § COUNTY OF TOM GREEN § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared the President of said Allison -Stephens Inc., a corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me the he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said corporation. I •:1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 0 144 JWF/pg RESOLUTION 421 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Quirt Avenue for public street purposes in said City creating a need for additional right-of-way by said City to accomplish such purposes and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: A parcel of land out of Lot 32, James Subdivision to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point 25.00 feet South of the Northeast corner of Lot 32, James Subdivision; THENCE West 21.19 feet to a point; THENCE South l' 54' 39" East a distance of 259.65 feet to a point, said point being the beginning of a curve to the right whose radius point bears South 88' 05' 21" West a distance of 15.00 feet, having a delta angle of 91' 54' 39", a tangent length of 15.51 feet and an arc length distance of 24.06 feet; THENCE Southwesterly around said curve an arc length distance of 24.06 feet to a point; THENCE East a distance of 27.52 feet to a point; THENCE North a distance of 275.00 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including Calvary Baptist Church of Lubbock, Texas BE offered through the Right -of -Way Department of the City of Lubbock the amount of TWO THOUSAND FOUR HUNDRED TWENTY- THREE AND N01100 DOLLARS ($2,423.00), which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28thday of February 1980. ATTEST: /s/ Dirk West DIRK WEST, MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 145 FEB 2 8 mm) THE STATE OF TEXAS § COUNTY OF LUBBOCK § THAT Calvary Baptist Church also known as Calvary Baptist Church of Lubbock, Texas, a Texas Non-profit Religious Corporation, and an autonomous local body acting through its undersigned officer duly authorized, hereinafter called "GRANTOR", for and in consideration of the sum of TWO THOUSAND FOUR HUNDRED TWENTY-THREE AND N01100 ($2,423.00) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation, in cash, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the payment of which no right or lien, expressed or implied is retained: Have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, as follows: A parcel of land out of Lot 32, James Subdivision to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point 25.00 feet South of the Northeast corner of Lot 32, James Subdivision; I THENCE West 21.19 feet to a point; THENCE South 10 54' 39" East a distance of 259.65 feet to a point, said point being the beginning of a curve to the right whose radius point bears South 880 05' 21" West a distance of 15.00 feet, having a delta angle of 91* 54' 39", a tangent length of 15.51 feet and an arc length distance of 24.06 feet; THENCE Southwesterly around said curve an arc length distance of 24.06 feet to a point; THENCE East a distance of 27.52 feet to a point; THENCE North a distance of 275.00 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said CITY OF LUBBOCK, its successors and assigns, forever and the said GRANTOR does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said CITY OF LUBBOCK, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS OUR HANDS thisdayof THE STATE OF TEXAS COUNTY OF LUBBOCK Calvary Baptist Church of Lubbock, Texas By: 1-1 F_ .lark Brown E. Jack Brown, Secretary of Corporate Officers, Calvary Baptist Church BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared E. Jack Brown, Secretary of Corporate Officers of said Calvary Baptist Church of Lubbock, Texas, 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 as the act and deed of said Church. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public, Lubbock County, Texas 146 RESOLUTION NO. 422 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Quirt Avenue for public street purposes in said City creating a need for additional right-of-way by said City to accomplish such purposes and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to - wit: A parcel of land out of Lot 33, James Subdivision to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Southeast corner of Lot 33, James Subdivision; THENCE North 1'54'39"West a distance of 285.66 feet to a point, said point being the beginning of a curve to the left whose radius point bears South 88'05'21"West a distance of 15.00 feet, having a delta angle of 88'05'21", a tangent length of 14.51 feet and an arc length distance of 23.06 feet; THENCE Northwesterly around said curve an arc length distance of 23.06 feet to a point; THENCE East a distance of 24.52 feet to a point; THENCE South a distance of 300.00 feet to the Point of Beginning. SECTION 2. THAT the owners of said land including C.E. Husky and wife, Christine Huskey, BE offered through the Right-ofWay Department of the City of Lubbock the amount of SEVEN HUNDRED FIFTEEN AND N01100 DOLLARS ($715.00) which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 28th day of February , 1980. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Department APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 147 FEB 2 8 77 7 � WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT C. E. HUSKY and wife CHRISTINE HUSKY, hereinafter called "GRANTORS", for and in consideration of the sum of SEVEN HUNDRED FIFTEEN AND N01100 DOLLARS ($715.00), and other good and valuable consideration to GRANTORS in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation, in cash, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the payment of which no right or lien, expressed or implied is retained: Have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, as follows: A parcel of land out of Lot 33, James Subdivision to the the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Southeast corner of Lot 33, James Subdivision; THENCE North 1'54'39" West a distance of 285.66 feet to a point, said point being the beginning of a curve to the left whose radius point bears South 88'05'21"West a distance of 15.00 feet, having a delta angle of 88'0521", a tangent length of 14.51 feet and an arc length distance of 23.06 feet; THENCE Northwesterly around said curve an arc length distance of 23.06 feet to a point; THENCE East a distance of 24.52 feet to a point; THENCE South a distance of 300.00 feet to the Point of Beginning. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said CITY OF LUBBOCK, its successors and assigns, forever and the said GRANTOR does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said CITY OF LUBBOCK, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS OUR HANDS this day of 1, 1980. /s/ C. E. Husky C. E. Husky THE STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ Christine Husky Christine Husky BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared C. E. Husky and wife, Christine Husky, known to me to be the persons whose names are subscribed to the foregoing instrument and acknolwedged to me that they each executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1980. Notary Public, Lubbock County, Texas My Commission Expires. ME W.. RESOLUTION NO. 423 WHEREAS, the City Council of the City of Lubbock finds that certain additional land needs to be acquired for alley purposes for the general welfare, safety, and health and sanitation needs of the public; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the purchase of the following land from Cleve Woolley is hereby authorized for alley purposes (for the City of Lubbock as purchaser) at a purchase price to be determined by an appraisal of its value, said land being described as follows: A tract of land out of the Northeast corner of Lot 30, Block 2, Robinson Subdivision to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Northeast corner of Lot 30, Block 2, Robinson Subdivision; THENCE South a distance of 10.00 feet; THENCE North 45' West a distance of 14.14 feet; THENCE East a distance of 10.00 feet to the PLACE OF BEGINNING. Passed by the City Council this 28th day of February , 1980. /SLDirk west DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent 8o-39-148-221 Ordinance No. 8011 (39) An ordinance to abandon and close the South 8.0 feet of a portion of 66th Street between Iola and Frankford Streets. This portion is located on 66th Street and is no longer needed. It actually has already been closed to the east. The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass Ordinance 8011 on first reading. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ORDINANCE NO. 8011 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: THE SOUTH 8 FEET OF A PORTION OF 66TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THE 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: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 180-39-149-222 (40 1 ) A, -Street Resolution No. 424 Use License to install a telephone cable across and beneath 34th Street at a point between Gary and Flint Avenues. This Licenseauthorizesinstallation of a telephone cable across and underneath 34th Street at a depth of 2' beginning at the east end of Recordland USA, Inc., for a fee of $10.00 per year for 20 years. The License reflects a "hold harmless" clause for any liability should the paving ever be removed or the cable is cut. There are no water or sewer lines in this area and no objections from other utility companies have been raised. The motion was made by Councilman Aderton, seconded by Councilman McAlister to pass Resolution 424 granting a Street Use License to Recordland USA, Inc. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. RESOLUTION NO. 424 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 excute for and on behalf of the City of Lubbock a Street Use License Agreement to be entered into by and between said City (as Licensor) and Recordland USA, Inc., a Texas Corporation (as Licensee) for a telephone cable, 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 28th day Of February , 1980. 1,j Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff9a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 28th day of February , 1980, between the CITY OF LUBBOCK, TEXTS—, a-Hom'e Rule Municipal Corporation, and Recordland USA, Inc., a Texas Corporation, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a telephone cable beneath 34th Street between Gary and Fling Avenues at a location more particularly described as follows: BEGINNING at a point which is the Southeast corner of Lot 14, Block 2, Westminister Hieghts Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 90.00 feet; THENCE West a distance of 3.00 feet; 150 , FEB 2 8 1980 Said telephone cable will require a one -inch bore beneath 34th Street at a depth of two feet below ground level. City shall not be liable if paving is ever removed and said telephone cable is cut and/or damaged. Licensee shall save the City harmless from all claims if any other public utilities are disturbed and/or damaged when said telephone cable is being installed, constructed, reconstructed, or maintained. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 3126 34th Street, Lubbock, Texas or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED AND N01100 ($200.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5). 77i i except as specified in Paragraph Five (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer AGREED TO AND ACCEPTED this 1980. CITY OF LUBBOCK BY /s/ Dirk West DIRK WEST, MAYOR day of I LICENSEE: Recordland USA, Inc. BY , /s/ Allan L. Rosen Allan L. Rosen, PRESIDENT APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worh Fullingim, Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared DIRK WEST, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of February 1980. Isl Jackie Suter Notary Public, Lubbock County, Texas My Commission Expires 4-13-81 THE STATE OF TEXAS COUNTY OF Lubbock BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared Allan L. Rose, President of Recordland USA, Inc., a Texas Corporation, 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 as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1980. Notary Public, Lubbock County, Texas I I My Commission Expires FEB 2 8 1999 152 . 80-39-152-223 Resolution No. 425 (41) A resolution authorizing the Mayor to execute a dedication deed for (� Tract A, Leroy Elmore Park. In response to Council query, it is the procedure to replat a park area where improvements are made on the premises for the purposes of es- tablishing water and sewer pro rata. The water and sewer pro rata for this site on which the new branch library will be located totals h $5,639.04 and will be paid for from the library budget. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Resolution No. 425. Motion carried: Mayor West, Mayor �i Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister. JWF/pg i RESOLUTION NO 425 RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Plat and Dedication Deed for Tract A, Leroy Elmore Park in the City of Lubbock, , Lubbock County, Texas. II Passed this 28th day of February , 1980. �f /s/ Dirk West DIRK WEST, MAYOR II ATTEST: /s/ Evelyn Gaffga j Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: j' /s/ J. Worth Fullingim' �) J. Worth Fullingim, Asst. City Attorney APPROVED AS TO CONTENT: /s/ Lawrence Banks Title: Adm. Asst. i { DEDICATION DEED I it THE STATE OF TEXAS § COUNTY OF LUBBOCK § j This is to certify that the City of Lubbock, a Texas Home Rule Municipality, of the County of Lubbock, State of Texas, is the sole i owner of a tract of land more particularly described as follows: METES AND BOUNDS DESCRIPTION for the Plat Limits of Tract 11A", r,. Leroy Elmore Park, in the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears S. 00° 03' E., 588.27 feet _. and S. 89' 57' W., 554.98 feet from the Northeast corner of y Section 10, Block E-2, Lubbock County, Texas; THENCE N. 000 03' W. a distance of 587.40 feet; THENCE N. 890 50' 45" E. a distance of 555.00 feet; I THENCE S. 000 03' E. a distance of 588.41 feet; �1 THENCE S. 890 57' W. a distance of 555.00 feet to the POINT OF BEGINNING. L I i j� CONTAINS: 7.49 acres. 153FEB 2 8 1996 and the undersigned does hereby plat the above -described property into lots and blocks, designating streets, alleys, easements (surface and/or underground), and other properties therein shown in accordance with the attached map, prepared by Hugo Reed & Associates, Land Surveyors, on the 8th day of January, 1980, and approved by the Planning Commission of the City of Lubbock on the day of , 1980, and desiring to have the said property platted and duly filed for record as required by law all as shown on the attached map; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the special benefits to the remainder of its property, the undersigned does hereby DEDICATE all the streets, alleys, easements (surface and/or under- ground), and other public properties thereon shown and designated upon said map to the PUBLIC for PUBLIC USE FOREVER; and by these presents does impress the name of "Tract A, Leroy Elmore Park in the City of Lubbock, Lubbock County, Texas" upon said property for the correct reference and description thereto by lots and blocks, as indicated upon the attached map, and it does hereby adopt the name hereinabove stated and impress the same upon the said land, incorporating said map as a part of this dedication. EXECUTED this 28thday of February 1980. ATTEST: CITY OF LUBBOCK /s/ EvelynGaffga BY••/s/ Dirk West Evelyn Gaffga, City Secretary-Treas. DIRK WEST, MAYOR APPROVED AS TO CONTENT: /s/ Jim Weston Title:Director of Community Facilities THE STATE OF TEXAS COUNTY OF LUBBOCK APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Dirk West, Mayor of the City of Lubbock, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Lubbock, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this28th day of February , •:1 /s/ Jackie Suter Notary Public in and for Lubbock County, Texas 80-39-153-224 Resolution No. 426 (42) — A resolution accepting water and sewer utilities in Tract B-1, Lakeridge Country Club Addition. The motion was made by Mayor Pro Tem Henry, seconded by Council Mc- Alister to accept the above referenced water and sewer improvements. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea, none voting Nay. 154 FEB 2 8 199 RESOLUTION NO. 426 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT B-1, LAKERIDGE COUNTY CLUB ESTATES ADDITION. WHEREAS, the developer of Tract B-1 Lakeridge Country Club Estates Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in acc6rd- ance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is $19,495.45 with the improve- ments constructed by Holloway Contracting Company having a value of $17,812.50 as determine by the unit prices established by said Chapter 34, and $1,682.95 cash paid to the City, with Lakeridge Country Club Estates, the developer. WHEREAS, the construction of':the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS28TH DAY OF FEBRUARY, 1980. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APRROVED AS TO FORM: /s/ Donald G. Vandiver Assistant City Attorney APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer /s/ Dirk West Dirk West, Mayor 80-39-154-225 The request of Gary Rothwell for City participation in cost of oversize (43) utility lines for Stonegate Addition. 1 w 1 This request is for the construction of a 16" water main and an 18" 0,- w Cn sanitary sewer line, said sewer line being included in the last Bond Program for which funds are available. The estimated cost of the sewer H line is $43,805.35, the City's portion being $19,487.89. The cost of a w N• G 16" water line is $58,575.07, for which the City's cost is $33,672.49. t There is no money allocated for this project from the Water Bond Pro- 0 m a gram, all funds being committed to the large water expenditures pro- n jected for the future. W 0 r_ rt rt H. 0 0 H. o At a recent Council Meeting, the Council approved the policy of the City o H. :Z participating in sewer and water oversized lines (12") but the developer 00 w assuming total expenditures of 12" lines or under, when funds were available. In response to Council query as to the status of this pro- (-+• N posed policy being implemented, City Manager Larry Cunningham responded o that the ordinance was not completed at this time but would be on the b N Agenda in the very near future. He further stated that no funds were C ON available in the participation in the oversized water line for this request; however, there were funds available from the Sanitary Sewer Bond Program to participate in this request. In response to Council ( ' query as to the use of Revenue Sharing Funds, the response was that unless these funds were reallocated, none were available at this time. Director of Water Utilities Sam Wahl responded to Council query to the effect that the developer would need to fund the total cost of the proposed water line and would recoup his cost as the subdivision de- veloped and the parcels were sold to private property owners. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Ader- ton to accept the Staff recommendation whereby the City would partici- pate in the oversized sanitary sewer line, said participation being funded from the Sanitary Sewer Bond Program; that the developer absorb total cost for the oversized water line in the above referenced Addi- 155 'FEB 2 8 �1980 il-39-155-226 Ordinance No. 8012 1 (44) An appropriation ordinance from Water Capital Project Fund for addi- tional well development in Sandhills Well Field. A second well has failed in the drilling -and developing program of ten new wells in the Sandhills Field due to a cave-in destroying the casing and the well screen. The drilling contractor and the screen supplier have agreed to redrill and supply a new screen at no cost to the City; the City's cost would be for additional gravel, surfacing, casing and bailing, in the amount of $5,160.00. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance 8012 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ORDINANCE NO. 8012 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: WATER CAPITAL PROJECT FUND The sum $ 5,160.00. For the following purpose: Additional well drilling and developing in Sandhills Well Field, Wells 209-218. AND IT IS SO ORDERED Passed by the Council on first reading this 28th 1980. Passed by the Council on second reading this 1980. ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER 80-39-155-227 Resolution No. 427 (45) .day Of February day of STANIUM VERIFIED BY: Isl J. Robert Massengale FINANCE OFFICER APPROVED BY: /s/ HEAD OF DEPT. A resolution authorizing a Release to Melton P. Wood and wife for sewer pro rata lien on Lots 1, 2, and 12, Block 2, Lots 3 and 4, Block 1, all of West End Annex. This Release is for the above referenced property owned by Melton P. Wood and Frances Wood in the amount of $856.67, said lien having been fully retired and satisfied. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve the above Resolution authorizing the Release, referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 156 DEB B 2 8 19Uv RESOLUTION NO. 427 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and he is hereby authorized to execute for and on behalf of the said City a release of a Mechanic's Lien recorded in Volume 130, Page 631, of the Mechanic's Lien Records of Lubbock County, Texas. Passed by the City Council this the _28th day of February 1980. /s/ Dirk West DIRK WEST, MAYOR 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/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK WHEREAS, on the 20th day of May A.D., 19 65 Melton P. Wood and Frances S. Wood 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 pro rata described as follows, towit: LOT 3 OF THE REDDIN ADDITION (A Homestead) LOTS 1, 2, and 12 of BLOCK 2 AND LOTS3 and 4 of BLOCK L OF THE WEST END ANNEX Which said agreement and lien is of record in Volume 130 , on page 631 —, of the Mechanic's 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 QUITCLAIM unto the said Melton P. Wood and Frances S-Wood 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 28th day of February , 1910--. Mayor ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary - Treasurer THE CITY OF LUBBOCK, TEXAS By: Isl Dirk West Dirk West APPROVED AS TO FORM: sl J. Worth Fullingim Assistant City Attorney /s/ Charles Northington Charles Northington Chief Accountant 157 FEB 2 8 1980 THE STATE OF TEXAS COUNTY OF LUBBOCK 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 28th day of February , 19 80 ( Seal) s/-Jackie Suter Notary Public, Lubbock County, Texas Commission expires: 80-39-157-228 Status of the selection of a firm to conduct solid waste recovery (46) project. City Manager Larry Cunningham reported that six consulting firms had submitted proposals to the City for conducting a Feasibility Study on a Solid Waste Energy Recovery Project, to -wit: Sanders and Thomas, Nashville, Tennessee Velzy Associates, Armonk, New York Battelle, Columbus, Ohio Gibbs and Hill, Dallas, Texas Eller, Fanning, Oakley, Chester & Rice, Inc. Memphis, Tennessee Systems Technology, Inc., Xenia, Ohio The Selection Committee is comprised of Assistant City Manager Jim Blagg, Director of Public Services Denzel Percifull, Director of Elec- tric Sales and Service Carroll McDonald, Director of Water Utilities Sam Wahl, Director of Electric Projection and Planning Bill Wood and Internal Auditor Rod Bouffard. The criteria for the selection will be the firm's past experience, the personnel qualifications of the individuals assigned to the project, and the methodology of the firm in approach and study. He further reported that the Committee still has some evaluation to complete and when this selection is determined the contract will reflect that the firm has 120 days to complete the Feasibility Study and report on same. No action was taken at this time, the purpose of the report being merely to apprise the Council of the status of this project. 80-39-157-229 Request of Lubbock County Tax Appraisal District for appraisal services. (47) At the February 14, 1980 Work Session, the Council was fully apprised by the City Manager on the request of the Lubbock County Tax Appraisal Board requesting a contractual arrangement with the City to provide the appraisal work for the entire district, this request is necessitated by recent legislation establishing the Tax Appraisal District (Peveto Bill). The primary advantage to such an arrangement, from the City's point of view, is the cost savings involved through such a cooperative contract. The primary disadvantage in such an arrangement is the negative relation- ship developing from other taxing units from such an arrangement. The request of the Board is for the City -School Tax Office to perform the entire appraisal work for the entire District utilizing the existing qualified personnel in the Tax Office, providing additional personnel as needed, to perform appraisal work only and that this would not involve setting any tax -rate responsibilities; the contract would be for the period through 1981, said program being mandated to go into effect in January 1982; that each taxing entity would participate on a pro rata share, said participation being paid in full prior to the appraisal work being done; that an appraisal firm be contracted with to appraise those parcels outside the City -School jurisdiction. He indicated there were some 100,000 parcels to be appraised within the District jurisdiction. The discussion that followed reflected that it was imperative that all taxing entities assume their proportionate share of costs, that payment be in full prior to the appraisal work being done and not on a reimburse- ment basis; that the City Manager's concern of poor public relations developing with other tax entities was ungrounded and any taxing entity that did not wish to be included in this program of implementation, HE Following the discussion the motion was made by Councilwoman Jordan and seconded by Councilman Aderton instructing the City Attorney to prepare a contract with Lubbock County Tax Appraisal Board regarding terms and conditions for appraisal work as mandated by House Bill 621 (Peveto Bill) to be considered at the March 13, 1980, Regular City Council meet- ing. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 80-39-158-230 Ordinance No. 8004 - Zone Case No. 2272 (10) Request of Billy Meeks (for Clayton J. Ross) to change a tract of land *Publisher's Affidavit out of Section 4, Block E-2, City ofLub`bock,_Lubbock County, Texas, found on Page 159. from R-1 to C-2 Zoning District (located at 5201 - 4th Street). Planning and Zoning Commission unanimously recommends that this request be approved. In accordance with a Notice published in the Lubbock Avalanche -Journal on February 12, 1980, a public hearing was held on the above matter. Proponent: Billy Meeks This request changes a single tract from R-1 Single -Family to C-2 Commercial and involves an isolated lot located at the southwest corner of Slide Road and 4th Street, surrounded by apartment zoning. The Comprehensive Plan Policy allows commercial retail at corners of major thoroughfares in quantities of from 5 to 10 acres; this tract is 0.92 acres in size. However, this request being within a commercial develop- ment, P&Z felt that it complied with the Plan although the proposed size was deficient. There being no discussion and no opposition, the Hearing was closed. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8004 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (no site plan submitted for filing in the City Secretary's Office) ORDINANCE NO. 8004 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. 2272; CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-158-231 Ordinance No. 8005 - Zone Case No. 2273 (1-1) Request of R. Preston Shaw to change Lot 7, and the east 7' of Lot 8, *Publisher's Affidavit on page 159. Block 2, Ridgelawn Addition, City of Lubbock, Lubbock County, Texas, from R-1 to "AM" Zoning District (located at 3515 - 22nd Street). Planning and ZoninCommission unanimously recommends that this request be approved. In accordance with the Notice published on February 12, 1980, in the Lubbock Avalanche -Journal, a Public Hearing was held on the above referenced matter. Proponent: Gwen Shaw on behalf of R. Preston Shaw. This request for "AM" zoning lies within a large "AM" tract located west of Indiana and south of 19th Street. There is an existing house on this tract, and proponent indicated they wished to convert this into medical offices. There being no discussion and no opposition, the Hearing was closed. Motion made by Councilman McAlister, seconded by Mayor Pro Tem Henry to uphold P&Z and pass Ordinance 8005 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (no site plan submitted for filing in the City Secretary's Office) ORDINANCE NO. 8005 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. 2273; CHANGE LOT 7 AND THE EAST SEVEN FEET OF LOT 8, BLOCK 2, RIDGELAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO AM DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 159 FEB 2 8 1980 Fj THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Marilyn Pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. R i c kma n e Bus i n e s s Manage r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice - 574 words @ 23t Per word - $132.02 No. 663138 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of ,the original and was printed in the Lubbock Avalanche -Journal on the following dates: _February 1 . i ggo (City of Lubbock P.O. No. H-7542) Bus ness Manager LUBBOM AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 12 t h day of February 1980 80-39-159-232 Ordinance No. 8006 - Zone Case No. 2274 (12) Request of Jack McQueen (for R&S Enterprises) to change a tract of land out of Section 44, Block A-K, City of Lubbock, Lubbock County, Texas from R-1 to A-1 Zoning District (located at 2408 Frankford Avenue). Planning and Zoning Commission unanimously recommends that this request be approved. In accordance with a Notice published in the Lubbock Avalanche -Journal on February 12, 1980, a Public Hearing was held on the above matter. Proponent: Jack McQueen on behalf of R&S Enterprises This request is surrounded on the north and south be A-1 zoning, on the east by A-2 zoning, but excludes a shallow tract which fronts Loop 289. This small tract is under separate ownership from the proponent. The only real problem with the request concerns access to the Loop frontage road. Proponent indicated the present site plan would need to be amended to reflect access to the frontage road with regard to referenced tract of land. There being no discussion and no opposition, the Public Hearing was closed. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to uphold P&Z and pass Ordinance 8006 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (no site plan submitted for filing in the City Secretary's Office) ORDINANCE NO. 8006 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. 2274; CHANGE A TRACT OF LAND OUT OF SECTION 44, BLOCK A-K, CITY 160 N 80-39-160-233 Ordinance 8007 - Zone Case No. 1153-G (13) Request of E. Reuel Nash (for Northwestern Plaza, Inc.) to change a *Publisher's Affidavit tract of land out of Section 6, Block E-2, City of Lubbock, Lubbock on page 159. County, Texas, from A-2 to C-3 Specific Use Section 11.2-23 (located at 5321 Brownfield Road). Planning and Zoning Commission unanimously recommends that this request be approved. In accordance with the Notice published in the Lubbock Avalanche -Journal on February 12, 1980, a Public Hearing was held on the above referenced matter. Proponent: E. Reuel Nash This request is located on the west of the referenced site extending southward to 38th Street and is for C-3 Specific Use purposes to develop a recreational area consisting of a central building, swimming pool, tennis courts, etc. The site fronts onto Brownfield Highway adjacent to an existing shopping center. There being no discussion and no opposition, the Public Hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to uphold P&Z and to pass Ordinance 8007 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (no site plan submitted for filing in the City Secretary's Office) Ordinance NO. 8007 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. 1153-G CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A-2 TO C-3 DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-160-234 Zone Case No. 1865-J (14) Request of Joe D. McKay (for 'T' Properties) to change a tract of land *Publisher's Affidavit out of Section 7, Block E-2, City of Lubbock, Lubbock County, Texas from on page 159. R-2 to A-1 Zoning District (located at 3202 64th Street). Planning and Zoning Commission unanimously recommends that this request be approved, subject to the following condition: That the density be limited to one unit per 3,000 square feet of development lot. In accordance with a Notice published in the Lubbock Avalanche -Journal February 12, 1980, a public hearing was held on the above matter. Proponent: Carol Douglas, on behalf of Joe D. McKay This request is part of a larger tract zoned for R-2 requiring the over- all density of one unit per 3,000 square feet (1:3000) density, the density restriction resulting from a large number of apartments already developed to the east and north of this site. The Planning and Zoning Commission approved the request, with the condition that the density stated above be implemented in the development. Proponent appeared and requested a continuance on this case until the March 27, 1980, regular City Council meeting to allow additional time for the proponent to work out the problems associated with the stated conditions. There being no opposition or further discussion, the Hearing was closed. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem. Henry to grant proponent's request for a continuance on '�js zone case until the March 27, 1980 R egular City Council Meeting. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 161 30-39-161-235 Ordinance No. 8008 - Zone Case No. 2270 (15) Request of John F. Hurley (for Jerry Nesbitt and Betty Dorsett) to change Lot 7, Block 3, Clutter Addition, City of Lubbock, Lubbock Publisher's County, Texas from C7-4 To _M-1 Zoning District (located at 2224 East 47th Affidavit on Street). page 159. Planning and Zoning Commission recommends that this request be approved. In accordance with a Notice published in the Lubbock Avalanche -Journal February 12, 1980, a public hearing was held on the above matter. Proponent: John F. Hurley This request is for a change from C-4 to M-1 zoning and lies within a large C-4 district which is gradually being transitioned over to M-1 zoning. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry that the P&Z be upheld and Ordinance No. 8008 be passed on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (no site plan submitted for filing in the City Secretary's Office) ORDINANCE NO. 8008 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. 2270; CHANGE LOT 7, BLOCK 3, CLUTTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M-1 DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-161-236 Ordinance No. 8009 - Zone Case No.-2114-B (16) Request of Stanley F. Smith (for Max B. Caraway, Richard C. Spikes and Publisher's Keith G.—McMahon) to chap ge part of Tract 4, Block 1, H. W.-Stanton Affidavit on Subdivision of Ithica Addition, City of Lubbock, Lubbock county, Texas page 159. to amend the site plan (located _a_t3401 22nd Place). Planning and Zoning Commission recommends that this request be approved. In accordance with a Notice published in the Lubbock Avalanche -Journal February 12, 1980, a public hearing was held on the above matter. Proponent: Stanley F. Smith This request is to amend a Specific Use site plan, the new plan being more functional in utilization of the premises. Director of Planning Jim Bertram indicated that there was no change in the request as it relates to zoning, but only a change in the presently filed site plan. There being no discussion and no opposition, the hearing was closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to uphold P&Z and pass Ordinance 8009 on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (no site plan submitted for filing in the City Secretary's Office) ORDINANCE NO. 8009 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK: ZONE CASE No. 2114, AMENDING THE SITE PLAN FOR PART OF TRACT 4, BLOCK 1, H. W. STANTON SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39-162-237 Bid #5717 for three motorcycles - solo type (Police Dept.) (48) Director of Purchasing Floyd Nesbitt reported that pursuant to Council instructions, new specifications were written for the purchase of motorcycles and the low bidder was Kawasaki Good Times, Lubbock, at $4,975.00 for a 1980 model. He went on to say that Kawasaki made available to the City a 1979 model to be. used, said model being avail- able at a bid of $4,750.00 with a new guarantee attached. A decision, upon approval of the bid, is whether or not to purchase three new 1980 models at $4,975.00 each or to purchase the 1979 demonstrator at $4,750.00 plus two 1980 models. In response to Council query, Policy Chief J. T. Alley commented that the Department had used for a long period of time the Harley-Davidson motorcycle for the reasons that they are larger, more durable, and provided greater comfort to the officers assigned to them. In response to Council query with regard to the parts inventory, Mr. Nesbitt responded they could be used to repair the existing vehicles or could be sold to parts repairmen in private business and should present no problem. Mr. Paul Johnson, who was present in the Council Chambers, requested permission to speak on this issue; permission was granted by Mayor West with the understanding that it would not be a sales pitch. Mr. Johnson indicated that those Departments using Kawasaki vehicles found them to be superior to the Harley-Davidson and that the resale value was more advantageous. Following all discussion, the motion was made by,Councilman Aderton, seconded by Counciman McAlister that Bid #5717 be approved and purchase three new 1980 models at the bid price of $4,975.00 each. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Council- men Aderton and McAlister voting Yea; none voting Nay. 80-39-162-238 Bid #5715 for steel fence posts (Parks Dept.) (49) Low Bidder Jamieson Manufacturing Company, Dallas, Texas 80-39-162-239 (50) 8o-39-162-24o (51) 80-39-162-241 (52) 80-39-162-242 (53) Bid #5719 for fertilizer (Parks Dept.). Items 1, 2, 3 : Tide Products, Inc-, Farwell, TX Bid #5725 for storm windows and doors (Community Services) Items 1 - 5 Bowman Lumber Co., Lubbock, TX Items 6 - 8 : Farm Discount Store., Lubbock, TX Bid #5727 for truck tires, rims andfoambilling (Sanitation Dept.) Items 1, 2 Items 3, 4 Items 5, 6 Resolution No. 428 : Firestone Stores, Lubbock, TX : Southwest Wheel, Inc., Lubbock, TX : Woody Tire Co., Lubbock, TX Bid #5722 for repair of elevated water storage tank and install overflow pipe (35th St. and Avenue W), and authorize same. (Water Utilities) Low Bidder Lupton Painting Company, Shawnee, Oklahoma The motion was made by Councilman Aderton, seconded by Councilman McAlister to approve Bid Nos. 5715, 5719, 5725, 5727 and 5722, reflect- ing the low bidders as stated, and to approve Resolution No. 428 which is related to bid #5722. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 163 FE B 2 8 191 JWF:bs RESOLUTION NO. 428_ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and he is hereby authorized to execute a contract on behalf of said City to be entered into by and between said City and Lupton Painting Company of Shawnee, Oklahoma, for repairing and painting a one million gallon elevated storage tank. Passed by the City Council this 28th day of February, 1980. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Guy Wilson Guy Wilson, Engineering Department APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 80-39-163-243 Board Appointment (54) One appointment to the URBAN DESIGN COMMISSION to fill the unexpired term of Bill McMillan, who has resigned, said term expiring 9/14/80. Category: Building Construction (Ord. #7723). Leo Padgett 6609 Norwood (Res.) 792-4010 Padgett Construction Co. 2010 Ave. C (Bus.) 747-3126 to fill the unexpired term of Bill McMillan, said term expiring 9/14/80. The motion was made by Council Aderton, seconded by Councilman McAlister to approve the above referenced appointment. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. A recess was called at 11:20 A.M. to reconvene at 1,:45 P.M. The Council reconvened for a Paving Assessment Hearing posted for 1:45 P.M. 80-39-163-244 * A,public hearing on proposed assessments for curb ..and gutter improve- (17) ments,on Slide Road from 82nd Street to 98th _§_tr_ee_t_(dW_0 10,988). In accordance with a Notice posted on February 22, 1980, a public hearing was held at 1:45 P.M. on the above matter. The purpose of this hearing was to determine if the properties listed on the rolls are benefited in the cost of the street paving and whether or not the proposed assessment results in an injustice or inequality to the properties, or exceeds the enhancement to the properties. The curb and gutter assessment rate is $7.00 per abutting foot. The affected properties and their proposed assessment rate are: Unit #2233-36 (82nd Street to 98th Street on Slide Road, a/k/a FM 1730) Owner Larry Teaver Sec. 15, Blk E-2 Rec. No. 150 $ 4,704.14 Sec. 15, Blk E-2 Rec. No. 151 11,920.65* Sec. 15, Blk E-2 Rec. No. 152 19,569.69 Owner Austin Heald Sec. 26, Blk E-2 Rec. No. 153 6,108.48 Owner Cecil Jennings Lots 829, 828 1, 64, 65, 126, 127, 190, 191 Rec. No. 154 9,196.11 Gary N. Beaty Lot 255 Rec. No. 155 1,075.97 Homes, Inc. The Meadows B. H. Bird Lot 256 Rpr- Nn- ISA I n75Q7 164 FEB 2 8 1980 1 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Ma r i I yn Pie r c e a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rickman v Business Manage r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newsPaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Le9a I Notic e - 574 words (a 6 9 t Per word - $396.06 No. 651727 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: February 3 & 10 & 17, 1980. (City of Lubbock P.O. No. H-7337) Bu•' ess Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 18 t h day of F e b r u a r y , 1980 YFc f� b� Y' ,�l ' THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Ma r i I y n Pie r c e a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. R i c k m a n g Business Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this L e i! a I Notice - 867 words (a 6 9 t Per word - $598.23 No, 651728 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: Fbe rua ry 39 10 & 179 1980. (City of Lubbock P.O. No. H-7336) Zq!B;siness Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 18 t h day of Feb r u a r y , 1980 F, Cecil Jennings Robert Chang, et ux Cecil Jennings Bill, John & Jim Hatchett Melba Jo Alford Lots 325, 387 Rec. No. 158 3,175.69 388, The Meadows Lot 449 Rec. No. 159 1,075.97 The Meadows Lots 450, 512 Rec. No. 160 8,409.45 513, 584, 585 656, 657, 728 The Meadows Sec. 26, Blk E-2 Rec. No. 161 1,108.45 Sec. 26, Blk E-2 Rec. No. 162 2,940.07** Appearance: Don Jennings, City Engineer Mr. Jennings presented an item -by -item visual presentation to the Council reflecting locations of the above project. He stated that bids were opened February 12, 1980; the low bidder was Stafford Construction Co. at $1,944,461.49; that the City's portion would be $119,600.00 and there was $8,976.06 prepaid. He further indicated that the bid came in at $6.25 per abutting foot, plus $0.65 for engineering costs by the Highway Dept. (10%), for a total assessment cost of $6.88. Mr. Jennings also apprised the Council that the parcel owned by Larry Teaver, referenced as Rec. No. #151, was below the high water level and it was felt by the Engineering Department that only those properties above the high water level should be assessed, and he therefore would advise them to consider removing this parcel from the assessment list, as the property was incompatible for development, and curb and gutter improvements should be funded from the Storm Sewer Bond Funds. Mr. Jennings indicated the final computation for the City's portion would be as follows, assessing only those properties that are above the high water level: Rate of $6.88 per abutting foot Assessment from property owners $ 58,495.69 Prepaid 8,976.06 City's portion 52,128.25 $119,600.00 Appearance: John Alford, on behalf of Jo Alford (Parcel Rec. No. 162) Mr. Alford appeared and indicated that his mother, Jo Alford, had re- married and the referenced property was up for sale; he requested a deferment in paying the paving assessment until the property is sold. Mr. Jennings' response to Mr. Alford was there is not an existing policy whereby paving assessments cannot be totally deferred; however, there could be arranged a five-year pay -out plan which would allow him some relief while the property is being sold. Mayor West asked Mr. Alford if he could live with that, to which he responded affirmatively. In summation, Mr. Jennings recommended to the Council that the paving assessment rate be changed from $7.00 per abutting foot to $6.88 per abutting foot; that the parcel referenced as Rec. No. 151 (Larry Teaver, Owner) in the sum of $11,920.65 ( *, above), be deleted from the list for the reason that the property is situated below the high water level; that a five-year pay -out plan be arranged for the parcel referenced as Rec. No. 162 (Melba Jo Alford, Owner) for the reason that the property is in the process of being sold (**, above). There being no further discussion, the hearing was closed. 80-39-165-245 Ordinance No. 8013 08) An assessment ordinance regarding curb and gutter improvements on Slide Road from 82nd Street to 98th Street. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to accept the recommendations of City Engineer Don Jennings as stated above, and pass Ordinance No. 8013 on first reading. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; no Nays; Mayor Pro Tem Henry absent from Council Chambers. ORDINANCE NO. 8013 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF SLIDE ROAD FROM 82ND STREET TO 98TH STREET, SUCH PORTIONS BEING MORE PARTICUARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. 166 80-39-166-246 Resolution No. 429 (19) A resolution of intent to pave in connection with the curb and gutter assessment on Slide Road from 82nd Street to 98th Street (dW_010,988). This procedure is required by state law reflecting the City's intent to pave the properties referenced above, which are to be assessed pursuant to Ordinance No. 8013. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; no Nays; Mayor Pro Tem Henry absent from Council Chambers. RESOLUTION NO. 429 WHEREAS, the City Council of the City of Lubbock by resolution passed on October 25, 1979 in regular session of said City Council declared a necessity for and ordered the improvement of the outermost concrete curb and gutter on Slide Road from 82nd Street o 98th Street in the City of Lubbock, Lubbock County, Texas as more particularly described hereafter, by excavating, grading, 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, 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 this portion of Slide Road: BE IT RESOLVED BY THE COUNCIL COUNCIL OF THE CITY OF LUBBOCK: That improving the hereinafter described portion of Slide Road portions thereof located within the City of Lubbock by excavating, grading and 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 party by the hereinafter described property abutting upon that portion of Slide Road which is hereby ordered to be improved, and the owners of such property as a personal liability 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 LEgisl,ature and amendments thereto. The portion of Slide Road curb and gutter 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 STREET (86' Wide) From TO 2233-36 Slide Road 82nd Street 98th Street 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 is passage. PASSED AND APPROVED THIS 28TH DAY OF FEBRUARY, 1980, /sj Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary 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 (The above document is duly recorded in Vol. 1680, Page 121 of the Deed of Trust D----A- T 167 FEB 2 8 1980 80-39-167-247 A public hearing regarding proposed assessments , for paving additions to (20) the 1979 Paving Program (GWO 10,976-A). In accordance with a Notice posted on February 22, 1980, a public hear- ing was held on the above matter. Appearance: Don Jennings, City Engineer Pursuant to Ordinance No. 7843 passed on second and final reading August 11, 1979, there were additional streets and alleys added to the 1979 Paving Program. Mr. Jennings recommended that the assessment rate remain as listed on the rolls submitted to the Council for their perusal, these rates being consistent with the rates established in the 1979 Paving Program, with the exception of six irregular -shaped lots which will be referred to later in the presentation. Mr. Jennings gave an item -by -item presentation with visual aids reflecting the areas in- volved, which are: Unit 460-76 East - west alley between 43rd and 44th from Gary to Hartford Appearance: John Lott, 3214 - 44th Street Mr. Lott wished to express his appreciation to the City Engineer and his staff for the fine cooperation in getting this particular unit finalized for paving; that the participants in this unit -program had waited a long time for this to become a reality, and all were totally in support of his efforts. Unit 2234-86.64th Street from Vicksburg Ave. to Utica Ave. This unit consists of 20 parcels with pronounced drainage problems. In response to petitions circulated, there was one affirmative response, one negative response, and the remainder did not respond at all. Appearance: Lillian Willis, 5520 - 49th St. Mrs. Willis appeared to express her consent and support to this project. Unit 2234-87 65th Street from York Drive to Vicksburg Avenue. This unit consists of 16 parcels with drainage problems. The response was sixaffirmative; the remainder did not respond. Appearance: Don Hall, 4902 - 34th Street Mr. Hall appeared to express his support to the project. Unit 2234-88 65th Street from Vicksburg Ave. to Utica Avenue This unit consists of 20 parcels, with maintenance of drainage problems being the major concern. Six responses were affirmative, the remainder did not respond. Appearance: Juan Mendoza, 4903 - 65th St. Mr. Mendoza actually is a property owner listed under Unit 2234-87; however, he wished to express his support to the paving project. Unit 2234-89 65th Street from Salem Avenue to Toledo Avenue This unit consists of 20 parcels and reflects drainage problems. There were ten .:.affirmative responses. to the petition. Appearance: Myra Minnis, 4512 - 65th Street Ms. Minnis is not actually a property owner under this Unit, but her property abuts this Unit, and her concern was the blowing sand blocking driveways, which is a detriment to the area. She further said that the paving would make the sale of undeveloped property more appealing, and in the long -run would alleviate the blowing sand problem through the development of the area. Unit 2234-90 Vicksburg Avenue from 6th Street to 66th Street This unit consists of 4 parcels and this portion of the project will connect paving on65th Street to existing paving on 66th Street. There was one affirmative response to the petition circulated. Unit 2234-91 York Drive from 62nd Street to 65th Street This unit consists of 35 parcels, 6 of which are irregular in shape, referred to at the beginning of the hearing. It was the recommendation of the City Engineering Dcpartment that the total assessment rate for 168 these lots be adjusted so the assessment will equal the enhancement value to these lots as determined by the appraisers; the assessment rate for the other lots in this unit should remain as shown on the rolls. The adjusted rates on the referenced 6 irregular shaped lots are as follows: 1. Lot 20, Block 6, Avalon Addition Record No. 88 Enhancement = $950.00 C & G Rate Remains at $4.90 = $ 809.53 Reduce Paving Rate to $0.85 sq. yd. = 140.43 TOTAL ASSESSMENT = $ 949.96 2. Lot 1, Block 6, Avalon Addition Record No. 89 and 90 Enhancement = $500.00 Leave Rates the Same for Record No. 89 $ 301.60 Record No. 90: Paving Rate remains at $0.00 = $ 0.00 Reduce C & C Rate to $1.37 = 198.60 TOTAL ASSESSMENT $ _500.20 3. Lot 30, Block 7, Avalon Addition Record No. 93 Enhancement = $1,500.00 C & G Rate remains at $4.90 = $ 894.54 Reduce Paving Rate to $3.32 = 606.10 TOTAL ASSESSMENT $1,500.64 4. Lot 1, Block 7, Avalon Addition Record No. 94 and 95 Enhancement = $550.00 Leave Rates the same for Record No. 94 $ 301.60 Record No. 95: Paving Rate remains at $0.00 Reduce C & G Rate to $1.71 TOTAL ASSESSMENT 5. Lot 40, Block 8, Avalon Addition Record No. 98 Enhancement = $1,650.00 C & G Rate remains at $4.90 Reduce Paving Rate to $3.45 TOTAL ASSESSMENT $ 0.00 247.88 $ 549.48 $ 968.04 681.58 $1,649.62 6. Lot 1, Block 8, Avalon Addition Record No. 99 and 100 Enhancement $550.00 Leave rates the same for Record No. 99 $ 301.60 Record No. 100 Paving rate remains at $0.00 $ 0.00 Reduce C&G Rate to 1.71 247.88 TOTAL ASSESSMENT $ 549.48 Appearance: John Abney, co-owner of several parcels listed under this Unit, some of which are the referenced six irregular - shaped lots. Mr. Abney appeared and indicated that although he had not talked to the Engineering Department about this, he was requesting that the front rate remain as stated, but adjust the side rate. Subsequently, Mr. Abney did recognize that his request would be complied with pursuant to Mr. Jennings' recommendation referenced above. Appearance: Mrs. Tipps Walden Ms. Tipps Walden appeared to express her support in the paving project. Unit 2234-92 North Akron Avenue from Loop 289 to Stanford St. This Unit consists of one parcel located near the Juvenile Detention Center. The cost of paving the west half of this unit has been placed in the City's prepaid paving account. 169 Unit 2234-93 N. Raleigh Avenue from Itasca St. to Alley South of Itasca St. This Unit consists of 2 parcels, the owners of which indicated their affirmative response to the petition circulated. Appearance: Leldon P. Miller, 4415 Itasca St. Property owner appeared to express support of the project. Unit 2235-16 Utica Avenue from 64th Street to 66th Street. This Unit consists of eight parcels with only one owner responding affirmatively; there was no response from the others. Appearance: Juan E. Gonzales, 4720 - 65th Street Mr. Gonzales was the only affirmative response, and appeared to reaffirm his support to the project. Appearance: John Abney Mr. Abney addressed the Council once again indicating that he owned property adjacent to that portion where the paving ends mid -lot, and he requested that the paving be extended to complete that small portion ending at the property line rather than mid -lot, the result being it would enhance his property for resale purposes. Mr. Jennings responded that there would be no problem in doing so; that the reason paving stops mid -lot, so to speak, is that in such a project you have to stop some- where - and that's where the Engineering Department made the determina- tion in this particular case. Mr. Jennings further stated that there were no funds to pay for this extention and the assessment rate would be at the front footage rate, to which Mr. Abney indicated he would be willing to assume these costs. There being no further discussion, the hearing was closed. 139-169-248 Ordinance No. 8014 (21) -39-169-249 (22) An assessment ordinance on additions to the 1979 Paving Program (GWO 10,976-A) Motion was made by Councilman Aderton, seconded by Councilman McAlister to pass Ordinance 8014 on first reading, reflecting the adjustments as recommended by the City Engineer in Unit 2234-91,and Unit 2235-16 as requested by Mr. Abney. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ORDINANCE NO. 8014 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING EAST -WEST ALLEY LOCATED IN THE FOLLOWING BLOCK AND ADDITIN: THE EAST -WEST ALLEY ABUTTING LOTS 1 THROUGH 16, BLOCK 8, LAMAR HEIGHTS ADDITION: AND INCLUDING A PORTION OF THE FOLLOWING STREETS: 64TH STREET, 65TH STREET, VICKSBURG AVENUE, YORK DRIVE, N. AKRON AVENUE, N. RALEIGH AND UTICA AVENUE, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENT AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFCATIONS IN EVIDENCE THEREOF, ALLOCATING FUNDS (See Section One of this Ordinance for units deleted by City Council.) A_r.esolution authorizing the Mayor to execute a paving release on streets and/or alleys deleted from the 1979 Paving Program (GWO 10,976-A) This item relates to the above Ordinance and the public hearing held with respect to additions to the 1979 Paving Program. Inasmuch as there were no deletions from the paving rolls as submitted, and the adjust- ments are reflected in Ordinance 8014, no action was required. The Council recessed at 2:45 P.M. 1 70� At 3:00 P.M. the Council reconvened as the Regulatory Body for the City of Lubbock for the following purpose: 80-39-170-250 Continue a public hearing to consider the rate application filed by the (23) South Plains Electric Cooperative, Inc. Presiding: Councilwoman Carolyn Jordan A quorum being present, Councilwoman Jordan asked City Attorney John Ross to address the item at hand. Mr. Ross indicated that this was a continuance of the public hearing held January 24, 1980, on the matter between the South Plains Electric Cooperative, Inc. and the City; that this matter is closely related to litigation before the PUC, the hearing of which has been held, but the decision of the PUC not having been handed down; that it would be in- appropriate to hold this public hearing at this time until the related matter before the PUC has been finalized. Furthermore, he indicated that a Joint Motion for Continuance has been filed with the City Secre- tary, executed by the attorneys for the City and for the South Plains Electric Cooperative, Inc., whereby the parties request further contin- uance under these terms and conditions. In the event this was acceptable to the Regulatory Body, he said, there was before them, at the close of the hearing, a resolution whereby the parties recommend the hearing be held, without further continuance on April 24, 1980 at 3:00 P.M. There being no discussion and no opposition, the Regulatory Body ac- cepted the joint Motion for Continuance and the hearing was closed. 8o-39-170-251 Resolution No. 430 (23) A resolution of the City of Lubbock, Texas continuing and resetting public hearing upon rate application filed by South Plains Electric Cooperative, Inc. The motion was made by Councilman McAlister, seconded by Councilman Aderton to pass Resolution No. 430 whereby a public hearing on this matter will be held April 24, 1980 at 3:00 P.M. Motion carried: Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; no Nays; Mayor Pro Tem Henry absent from Council Chambers; Mayor West ab- staining. R�& A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS, CONTINUING AND RESETTING PUBLIC HEARING UPON RATE APPLICATION FILED BY SOUTH PLAINS ELECTRIC COOPERATIVE, INC. WHEREAS, the South Plains Electric Cooperative, Inc., filed its Rate Application with the City of Lubbock, Texas, on the 23rd day of November, 1979; and, WHEREAS, the City Council of the City of Lubbock as the Regulatory Authority having exclusive original jurisdiction over utility rates within the corporate limits of the City of Lubbock, Texas, under Vernon's Ann.Civ.St., art. 1446c, on the 20th day of December, 1979, by resolution, suspended the operation of such proposed rate schedules for a period of 120 days beyond the date on which such schedules would otherwise go into effect; and, WHEREAS, on the 20th day of December, 1979, the City Council of the City of Lubbock as the Regulatory Authority by Resolution #373 set a public hearing upon said Rate Application to commence in Council Chambers on the second floor of the Municipal Building, in Lubbock, Lubbock County, Texas, at 2:00 o'clock P.M., on Thursday the 24th day of January, 1980; and, WHEREAS, legal counsel for both the South Plains Electric Cooperative, Inc., and the City Attorney as Staff Counsel for the Regulatory Authority, by joint motion dated the 15th day of January, 1980, requested that such public hearing be continued and re -set for hearing at 3:00 P.M. on Thursday, the 28th day of February, 1980, and such joint motion was considered and granted by the City Council on the 24th day of January, 1980, by Resolution #401; and, 171 F-1 WHEREAS, legal counsel for both the South Plains Electric Cooperative, Inc., and the City Attorney as Staff Counsel for the Regulatory Authority, by joint motion dated the 27th day of February, 1980 (a copy of said joint motion being attached to this resolution), have requested that such public hearing be again continued and re -set for hearing at the same place and hour on Thursday, the 24th day of April, 1980; and, WHEREAS, upon consideration of said joint motion upon this the date, time and place at which such public hearing was originally set, the City Council as the Regulatory Authority finds that such joint motion is proper, appropriate and necessary and that same should be granted; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: Pursuant to the provisions of Vernon's Ann.Civ.St. art. 1446c, the public hearing upon the Rate Application filed by South Plains Electric Cooperative, Inc., on the 23rd day of November, 1979, as previous set to commence in Council Chambers on this date, at this place, and at 3:00 o'clock P.M., should be, and is hereby continued and re -set to commence in Council Chambers on the second floor of the Municipal Building, in Lubbock, Lubbock County, Texas, at 3:00 o'clock P.M., on Thursday, the 24th day of April, 1980, thereupon and thereafter to be convened and continued for such hearing days and periods as provide full opportunity for presentation of evidence from all interested and affected persons; but in no event shall such continuance extend the ultimate date of determination beyond that period set by the Public Utility Regulatory Act of the State of Texas; and by this action the joint motion of counsel above described is accordingly granted. ADOPTED by the City Council of the City of Lubbock, this the 28th day of February, 1980. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffqa Evelyn Gaffga, City Secretary -Treasurer /s/ James P. Brewster James P. Brewster, Civil Trial Attorney on behalf of John C. Ross, Jr., City Attorney RE: RATE APPLICATION § BEFORE THE CITY COUNCIL § OF THE CITY OF LUBBOCK, TEXAS SOUTH PLAINS ELECTRIC § § SITTING AS COOPERATIVE, INC. § FILED November 23, 1979 § THE REGULATORY AUTHORITY MOTION FOR CONTINUANCE COMES NOW Dale Johnson, the attorney of record for the South Plains Electric Cooperative, Inc., and the City Attorney, as staff counsel for the City Council of the City of Lubbock, Texas, sitting as the Regulatory Authority under Vernon's Ann.Civ.St., art. 1446c, and jointly move and request of the City Council that the public hearing upon the rate application filed November 23, 1979, and set to commence in Council Chambers on the second floor of the Municipal Building, in Lubbock, Lubbock County, Texas at 3:00 o'clock P.M., on Thursday the 28th day of February, 1980, such setting being by Resolution #401, adopted by the City Council on the 24th day of January, 1980, be upon such date by resolution continued and re -set for hearing at such same hour and place on Thursday, the 24th day of April 1980. That the reasons justifying such continuance and re- setting are as follows: (1) An identical rate application by South Plains Electric Cooperative to that here before the City Council is pending hearing before the 172 Public Utility Commission of Texas, and the determinations upon such other pending application will be of significance and assistance to the City Council in its deliberations as to the Rate Application as to areas within the City of Lubbock served by South Plains Electric Cooperative, Inc. Respectfully submitted jointly this the 27th day of February, 1980. SOUTH PLAINS ELECTRIC COOPERATIVE, INC. BY /s/ Dale Johnson Dale Johnson McWhorter, Cobb, & Johnson 1502 Avenue Q Lubbock, Texas 79401 JOHN C. ROSS, JR. CITY ATTORNEY BY /s/ James P. Brewster James P. Brewster Civil Trial.Attorney There being no further business on this matter, the Regulatory Body recessed to reconvene as the City Council immediately thereafter. Motion was made by Councilman McAlister, seconded by Councilman Aderton that the meeting adjourn at 3:05 p.m. Motion carried: Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; no Nays; Mayor West and Mayor Pro Tem. Henry absent from Council Chambers. Cffik_KWU1E1S1,T14,1 MAYOR ATTEST: Evelyn Gaffga, City Secret fry4rreasurer APPROVED ON THIS 13th DAY OF March ATTEST': E'Velyn Gaf fga City Secretary -Treasurer r441*071III, wtt.4 F1 RKIK WEST, Mayor