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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/25/197196 71-30-96-254 (1) 71-30-96-255 (2) 71-30-96-256 (3) March 25, 1971 REGULAR CITY COUNCIL MEETING The City Council of the City of Lubbock met -at-10:,00 0 1 clock a.m.'in the regular meeting place in the City Hall, the following membe.rs,thereof being present to -wit: Mayor J. H. Granberry and Councilmen Deaton Rigsby; John E. Baker and Morris W. Turner, City Manager W. R. Blackwell, Assistant City Manager Robert Wilson, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Lavenia Lowe. Absent: Councilman Lonnie F. Hollingsworth. The invocation was given by Fred 0. Senter, Jr., City Attorney. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Gran- berrry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to authorize approval of City.Gouncil Minutes - Regular Meeting held March 11, 1971. 71-30-96-257 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (3a) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to authorize approval of the absence of Councilman Lonnie F. Hollingsworth from the City Council meeting on this day. 71-30-96-258 Mr. Ray Chapman and Mr. Charles Waters, Attorney, appeared befdre the City Council aixd (7) presented a request for openings in the median on 50th Street between Slide Road and Wayne Avenue. Mr. G. P. Key appeared and requested an opening in the median on the north side of 50th Street,,east of Slide Road. Mr. Clendon Miller also appeared before the City Council in regard to median openings. Mr. Chapman presented maps of 50th Street showing the location of present openings in the medians on 50th Street as well as the area:i)n which median openings were requested. The City Council advised Mr. Chapman that an effort will be made to present a plan to these property owners within approximately three months. 71-30-96-259 Motion was made by Councilman Rigsby) seconded by Councilman Baker, motion carried, Mayor (9) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6045 on second and final reading. ORDINANCE NO. 6045 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund The sum $4,000.00 For the following purpose: Appraisals and preliminary work on clearing encroachments along 19th Street from Avenue A to University Avenue. 71-30-96-260 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor Gran- (10) berry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6046 on second and final reading. ORDINANCE NO. 6046 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $10,703.07 For the following purpose: Relocate water lines ahead of Loop 289 paving at W. 34th Street and S. Ash Avenue. M 20mam 71-30-97-261 Motion was made by Councilman Rigsby, seconded by ",Councilman Baker, motion carried, mayor (11) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6049 on.second and final reading. ORDINANCE NO. 6049 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Fire Station Bond Fund The sum $9,823.50 For the following purpose: To purchase lk inch and 2k inch fire hose and associated equipment. 71-30-97-262 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (12) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance I*NOTE: amended by No. 6048 on second and final reading. Ord. 6048-A dated (8/11183) ORDINANCE NO. .6048 J* Ord. 6048 & AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF.ORDINANCES OF.THE CITY OF LUBBOCK, TEXAS, 6048A (8/11/83) ENTITLED "FIRE PROTECTION"'BY ADDING THERETO A NEW SECTION 12-10.1 PROVIDING FOR THE REQUIRE - amended by Ord. NENT OF FIRE LANES AND PROHIBITING PARKING THEREON;:PROVIDING A SAVINGS CLAUSE AND PROVIDING No. 6048-B dated 100/13/83) FOR PUBLICATION. 71-30-97-263 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (13) Granberry and Councilmen Rigsby, Baker and'Turner voting Yea,, none voting Nay, to pass Ordinance i I No. 6047 on second and final reading. ORDINANCE NO. 6047 AN ORDINANCE ABANDONING AND VACATING AN UNDERGROUND UTILITY EASEMENT IN PORTIONS OF LOT 5 AND LOT 9 MELONIE PARK SOUTH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER,TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE VACATING AND ABANDONMENT OF SUCH UNDERGROUND UTILITY EASEMENT. 71-30-97-264 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (14) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, that the follow- ing Resolution be passed in connection with Ordinance No. 6047. RESOLUTION BE IT RESOLVED BY'THE CITY COUNCIL OF THE CITY OF LUBBOCK:- THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Harold D. Long, and wife, La Wanda J. Long, attached herewith which shall be spreadoupon 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 25th day of March, 1971. AT Ld-venia Lowe, dity Se4retary-Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS I COUNTY OF LUBBOCK I J. H. GRANBERRY, XYOR KNOW ALL HEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS, and dthirk good and valuab) consideration to it in hand paid by HAROLD D. LONG and wife, LA WANDA J. LONG, of Lubbock County, Texas, the receipt of which is hereby acknowledged does hereby by these presents ABANDON, DISCLAIM, RELEASE, AND FOREVER QUIT CLAIM unto the said HAROLD D. LONG, and wife LA WANDA J. LONG of Lubbock County, -,,,Texas, all its right, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: The West 4.0 feet of Lot 5,�Melonie Pa'rk,South Addition fo the City of Lubbock, Texas. R 0 71-30-98-265 (14a) TO HAVE AND TO HOLD the said premises together with all and singular the rights, privileges and appurtenances thereto in any.manner belonging unto the said HAROLD D. LONG, and wife, LA WANDA J. LONG, theirs heirs and assigns, nor any persons claiming under it shall, at any time hereafter, have, claim, or demand any right to title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, THIS 25th day of March, 1971. J. H. CRANBERRY OR ATTEST: Lave ARDoMe 16 NrArAtl4try -Treasurer UNDERGROUND ELECTRICAL EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK ..THAT HAROLD D. LONG and wife, LA WANDA J.., being the owners of the hereinafter described property, for and in consideration of ONE AND NOIIOO ($1.00) DOLLARS and other good and valuable consideration to them in hand paid by the City of Lubbock, a Home Rule Municipality located in Lubbock County, Texas, receipt of which is hereby acknowledged and confessed by Grantors, do hereby GRANT, SELL and CONVEY and by these presents have GRANTED, SOLD and CONVEYED unto the said CITY OF LUBBOCK, its successors and assigns,,a permanent.and perpetual underground easement `.for the purpose of laying, constructing, reconstructing, maintaining an.electrical power trans- mission line, with the rights of ingressi*engress, and regress at any'and all times, in, on, under, along and across the following described tract of land located in the City of Lubbock, Lubbock County, Texas, to -wit: The West 4.0 feet of the -East 20.0 feet.of Lot 4, Melonie Park South Addition to the City of Lubbock, Texas. TO HAVE AND TO HOLD all and singular the privileges aforesaid unto it, the said City of Lubbock, its legal representatives, successors and assigns to their proper use and behalf for- ever; WITNESS OUR HANDS THIS .25th.day,df March, 1971. /s/ Harold D. Long HAROLD D. LONG is/ -La Wanda J. Long LA WANDA J. LONG Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor Gran- berry and Councilmen Rigsby, Baker and Turner voting Yea, -none voting Nay, that the following Resolution be passed in connection with Ordinance No. 6047. RESOLUTION BENT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of'the, City of Lubbock a Quit Claim Deed in favor of Elvis Roberts, and wife, E. La Verne Roberts, 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 ful-ly,copied herein in detail. Passed by the City Council this 25th day of March, 1971. J. H. GRANBERRY ^.YOR ATTEST. La'venia Lowe, City Secrekary-Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter,,Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE.PRESENTS: COUNTY OF LUBBOCK Co unty unty of Lubbock, State of THAT the CITY OF LUBBOCK a Home Rule Muq.icip4lity'in the0 Texas, for and in consideration of the sum of ONE AND NOIIOO ($1.00) DOLLARS, and other good and valuable consideration to it in hand paid by ELVIS ROBERTSand wife,, E. LA VERNE ROBERTS,. of Lubbock County, Texas, the receipt of which is hereby acknowledged does hereby by these presents ABANDON, DISCLAIM, kELEASF,,AND FOREVER,QUIT,CLAIM unto the said ELVIS ROBERTS and wife, E. LA VERNE ROBERTS of Lubbock County, Texas, all its right, title and interest in and to that 99 The West 4.0 feet of Lot 9, Melonie Park South Addition to the City of Lubbock, Texas. To HAVE AND TO HOLD the said premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said*ELVIS ROBERTS, and wife, E. LA VERNE ROBERTS, their heirs and assigns, nor any persons claiming under it shall, at any time, hereafter, have, claim, or demand any right to title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY,HAND AT LUBBOCK, TEXAS, this,25th-day of March, 1971. CRANBERRY' YOR ATTEST Lave 1. owe, i ry-Treasurer 71-30-99-266 Motion w ' as made by Councilman Baker, seconded by Councilman Turner, motion carried Mayor (15) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. -6055, on,,first reading. AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON BOTH SIDES OF PARKWAY DRIVE (U.S. 82), IDALOU ROAD (U.S. 62-82) AND PARKWAY DRIVE AND IDALOU INTERCHANGE FRONTAGE ROADS AND CONNECTING ROADS, WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBI A PEMLTY; PkOVIDING'FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT ;,HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISI HEREOF AND THAT THIS ORDINANCE SHALL BE.CUMULATIVE OF ALL OTHER PRIMA'FACIE SPEED LIMIT ORDINh EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR THE,EFFECTIVE I DATE OF THIS ORDINANCE. 71-30-99-267 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (18) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to authorize the refund of pre -paid paving costs and to release property owners curb and gutter reimbursement costs on the portion of Avenue L south of 56th Street which was closed by Ordinance No. 5869. 71-30-99-268 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (19) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION ,..RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS AS LISTED BELOW: WHEREAS, the City of Lubbock passed a resolution on February 25, 1971, authorizing the con- struction of alley improvements by Bill Averitt and Company on portions of the following alleys: The North -South and East-West alley from the North Property Line of 26th Street to the West Property Line of Quaker Avenue, known and designated as. Unit Number A-409 AND WHEREAS, the improvements upon the said portions of the abovementioned alleys have been inspected and found to have.been constructed according to the approved plans and specifica- tions. THEREFORE BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: z. That the improvements.on said portions of the abovementioned alleys be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's share. F" This resolution shall take effect and be in force after its passage. RM", Isl Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: Isl Fred O: Senter, Jr. Fred 0. Se4ter, Jr.,.City Attorney TITTEEM 71-30-100-270 (21) March 25, 1971 Honorable Mayor..and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by Bill Averitt and Company, paving contractor, as authorized by a resolution passed on February 25, 1971, and find the improvements on the North -South and East-West alley from 26th Street to Quaker Avenue as listed on the final estimate sheet to have been completed in accordance with the plans and specifications and recom- mendthat you accept the improvements on said alleys, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as &ie-them by the City of Lubbock. Yours very truly, /s/ Wilford D. Watson Wilford D. Watson City Engineer CONSOLIDATED FINAL ESTI14ATE ALLEY PAVING. Accepted March 25; 1971 QUANTITIES S.Y. Unit & Alley Sub -Unit Location Pavia A-409 The North -South and East-West alley from 585.69 the NPL of 26th Street to the WPL of Quaker Avenue. COST `ESTIMATE 585.69 S.Y. Alley Paving @$7.96 $4662.09 CONTRACT COST $4,662.09 COST DISTRIBUTION Property City Unit & Contract Owner to Sub -Unit Cost• cost Contractor A-409 $4,-662.09 $4,165.60 $496.49 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsb,, Baker and Turner voting Yea; none voting Nay, to pass Ordinance No. 6056 on first reading. ORDINANCE NO. .6056 .AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY'THE CITY COUNCIL OF THE CITY OF-LUBBOCK:, There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement The sum $4,450.00 For the following purpose: Paving Adfastments abutting Federal Building Site. March 18, 1971 Drawer 1710 Lubbock, Texas 79408 Mr. Bill Blackwell City Manager City of Lubbock Lubbock, Texas 79401 RE: Extension of Sewer Trunk Dear Bill: I would like to request that consideration be given to the extension of the main sewer trunk line located adjacent to South Loop 289 now terminating at Memphis Avenue. We would like for this line to be extended to Slide Road in order to,serve land in the South- west part of Lubbock where the growth seems to be taking place. lot MAR 2 5 1971 71-30-101-271 (23) 71-30-101-272 (24) 71-30-101-273 (22) 71-30- 10 1 -!-2 74 (26), The City Council considered the above request of Jack Kastmap for the extension of the 74th Street sanitary sewer line from near Memphis,Avenue to Slide Road. Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor'Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to grant this request. This work will be done at the expense of the. property owners. Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6057 on first reading. AN ORDINANCE ABANDONING AND VACATING A UTILITY EASEMENT OUT OF.A PORTION OF THE NORTHEAST ONE-FOURTH (NE34-), OF SECTION 5, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBE HEREIN AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SUCH.UTILITY EASEMENT AS AFORESAID. I Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6058 on first reading. ORDINANCE NO. 6058 AN ORDINANCE ABANDONING AND VACATING A UTILITY EASEMENT OUT OF A PORTION OF TRACT "A",, S.W.P.S. ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBE HEREIN AND DIRECTING THE CITY ENGINEER TO MUK,THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDI THE CLOSING AND ABANDONMENT OF SUCH UTILITY EASEMENT AS AFORESAID. Motion was made by Councilman Rigsby, seconded.by Councilman Turner, motion carried Mayor. Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6059 on ,first reading.• AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of .Lubbock finds it tg, necessary to appropriate certain specific, funds out of bond funds for an approved project; BE IT ORDAINED BY THE'CITY:COUNCIL OF THE CITY OF LUBBOCK: There is hereby a-ppropriated out of the -following do -scribed bond fund, to -wit: Street Impro�,Ie- ment Fund 76-6061-551 The sum.$9,000.00, For the following purpose: Acquisition of Right of Way to widen University Avenue. $8,400.00 Land $ .600.00 Supplemental Expenditures Legal description of this land is Lot 1, Block 4, Kinser Addition Mr. Nolan Swain appeared and presented the following Resol.ution of the Citizens Traffic Commissi The Lubbock Citizens Traffic Commission.,at their monthly, meeting Tuesday morning, March 9, requested that the City Council approve the following resolution and send copies to Governor Preston Smith, Lieutenant Governor Ben Barnes, House Speaker Gus Mutscher and representatives .from the Lubbock area: Senator H. J. Blanchard and Representa.tives.Elmer Tarbox, Delwin Jones and R. B: McAlister:• WHEREAS, More young people are involved in traffic accidents, injuries and fatalities than zany other age group; and. WHEREAS, Because of economiccircumstances a large rge number.o.f.teenagers are Unable to take driver's educationofferedby the:s-chools;,and WHEREAS, Driver's education enables teenagers to drive earlier than others and to secure a reduction -in the,cost of auto insurance..'especially helpful to economically deprived persons;.an, I WHEREAS, Driver's education.better, prepares young people to enter. the mainstream of the I driving public,and.makes them better drivers than those unable to obtain this training; Now, therefore, be it resolved by the City Council of the City.of Lubbock, that the officials of the State of Texas be urged to make driver's education availabk� to all school children under the Minimum Foundation, which would eliminate the charging.of.fees-and,would make all phases of driver's education availablO to all school children of driving age. Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor Granberry.and-Councilmen Rigsby, Baker and'Turner voting Yea, none voting Nay, that the follow- ing Resolution be passed.; RESOLUTION - WHEREAS, more young people are involved in traffic accidents, injuries and fatalities than any other age group; and T-ITIL"n V A V T._r — - - - - - - - - 102 WHEREAS, driver's education enables teenagers to drive at an earlier age and to secure a reduction in the cost of auto insurance, which is especially helpful to economically deprived persons; and WHEREAS, driver's education better prepares young people to enter the mainstream of the driving public and makes them better drivers than those unable to obtain this training; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Governor and the Legislators of the State of Texas be urged to make driver's education available to all school children under the Minimum Foundation, which would eliminate the charging of fees and would make.all phases of.driver!.,s education available to all school children of driving age;' and .THAT a copy.of'this Resolution be,sent'to Governor Preston Smith,,Lieutenant Governor Ben Barnes, House Speaker Gus Mutscher and the Legislators from the Lubbock area: Senator H. J. Blanchard and Representatives -Elmer Tarbox, Delwin Jones and R. B.. McAlister. Passed by the City Council this 25th day of March'. 1971. i -r9fff.CRANBERRY, Y OR ..ATTEST-: SecreWt-try-Tteasurer -a —ve ni a Lowe, City 71-30-102-275 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, mayor (27) Granberry and Councilmen Rigsby, Baker and Turner voting -Yea, no * ne voting Nay, to appoint Dal DeWees to the Youth Council to replace Neil Guy. who resigned. This term will expire August 8, 1972. 71-30-102-276 Motion was made by Councilman Bakeri seconded by Councilman Turner, motion carried, Mayor (28) Granberry and Councilmen Rigsby, -Baker and Turner voting Yea, none voting Nay, to appoint Tom Butcher to rAAc Darqlj )gSBrqer,And Don:Helm to ..replace Mrs. Donald Tankersley who Mr. a ,�Itprium- o ise oal resigned./ Mr. utc er s term o exumpire uAust 1,- 1.974, and Mr. Helm's term to expire August 1, 1973. 71-30-102-277 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor (29) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to appoint Garnet Reeves, Jr. to replace Kent Wagonseller and to appoint Dr. Dan Wells, Tom Musiak, Dr. Bill Lockhart and Phillip Hoe.1 to the Park and Recreation Board as authorized by Ordinance No. 6030. Mr. Reeves' term is for three years and will expire March 31, 1974. Dr. Wells and Mr. Musiak's terms are for two years and will expire March 31, 1973. Dr. Lockhart and Mr. Hoel's terms are for 1 year and will expire March 31, 1972. 71-30-102-278 Notion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (30) Granberry and Councilmen Rigsby,�Baker andTurner voting Yea, none voting Nay, to appoint R. S. Rogers t-o replace Manuel H. Torres and Vince Robles to replace Ed H. Winton who resigned, to the Urban Renewal Board. Mr. Rogers and Mr. Robles' terms will expire November 26, 1972. 71-30-102-279 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor Gran- (31) berry and Councilmen Rigsby, Baker and Turner voting Yea, none voting -Nay, to appoint Clyde Kay to the Planning and Zoning Commission to replace Charles Galey who resigned. Mr. Kay's term,will-expire- November 16, 1971. 71-30-102-280 Motion was made by Councilman Rigsby, seconded by Councilman Baker,,,motion carried, Mayor .(32) Granberry arid-Councilmen-.,.�igsby, Baker and Turner voting Yea; none voting Nay, to appoint George McCleskey to the Canadian River Municipal Water Authority to replace the late W. C. O'Mara. Mr. McCleskey's term will expire July 31, 1971. 71-30-102-281 Mot . ion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (34) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to authorize employment of Main Lafrentz and Company, CertifiedPublicAccountants for one year to audit the City's records and accouftts'for-the fiscal year beginning'October 1, 1970, and ending September 30, 1971. 71-30-'102-232 Motion was made by Councilman Turner; seconded by Co'dncilman Baker, motion carried, Mayor (35) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to authorize assignment of the Mackeniie--Park amusement area -contract -:from Sam Caplan to W. H. Plummer. On November 19,' 19'70,' the 6ity°.Council authorized assignment toJack Creel. It has now been brought to the attention of the City Council that Mr. Jack . Creel is not going to take over this amusement area. THE STATE OF TEXAS-1 COUNTY OF LUBBOCK. --WHEREAS,,-.6n'May 27th, 19541 a certain lease contract was made -and entered into by and between the City of Lubbock as Lessor and Sam CaplanasLessee, which was also approved by the City of Lubbock Park and Recreation Commission and by the State Parks Board by the terms of which a tract of land situated in tl ' le Mackenzie Park in Lubbock, Lubbock County, Texas, with all improvements situated thereon was leased to the said Sam Cap I lan for the purpose of the operation thereon of an amusemeik park playground.; and. WHEREAS, by a renewal agreement dated April 27th, 1967, such original contract was W, WHEREAS, such lease -provides that it shall not be assigned, nor sublet without first having obtained the written consent and approval of the City Commission of the City of Lubbock and the Park and Recreation Commission of the City of Lubbock and when required the consent of the Texas Parks and Wildlife Commission; and WHEREAS, said Sam Caplan.has now entered into .a contract of sale for.the sale of the Mackenzie Park. Playground to W. Hi Plummer aad.desires.not only to assign.such lease contract and all rights thereunder but also desires to secure the approval of. the proper authorities for such assignment as contemplated by said lease contract;,. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That I, Sam Caplan, joined herein by my wife, Frieda Caplan, as Assignor do hereby bargain, sell, convey, assign, and deliver unto the said W. H. Plummer all right, title, and interest heretofore at any time held in and to the lease contract and its extension hereinabove set forth, copies of which are attached hereto and made a part hereof, for all pertinent purposes. TO HAVE AND TO HOLD the same unto the said W. H. Plummer, his heirs and ',,assigns forever. And the said W. H. Plummer, by executing this instrument and as consideration for the trans- fer of said lease contract does hereby agree to assume and become,obligate , d for all of the conditions, restrictions, limitations, and duties imposed upon the said Sam Caplan, as Lessee under the terms and provisions of said lease contract, With respect to this assumption it is understood and agreed that should the said W. R. Plummer be in default of any of the conditions and provisions set out in said lease contract and I its extension, the City of Lubbock, the chairman of its Park and Recreation Board and/or the.Parks and Wildlife Department of the State of Texas, may give him notice of such default or such violation and may likewise give such notice to the Sam Caplan as long as -afi indebtedness exists in favor:of the said Sam Caplan agains the machinery, equipment, amusement rides and other personal property used in the operation of such amusement park; and should the said W. H. Plummer not correct such -default or violation within a period of ten days thereafter, the same shall constitute a default of his obligation to the said Sam Caplan and shall immediately,subject his note and obligation to Sam Caplan to maturity in itsentirety and subject allsuch personal.property used in the operation of said Mackenzie Park Playgrounds to immediate,foreclosure under the lien instrumentsc then existing. Under such conditions the resumption of possession of such playground business by the said Sam Caplan shall not be cons ideredAnoti6r assignment, direct or indirect, under the lease contract, but the said Sam Caplan shall be authorized to immediately take possession of the same and operate it as originally contemplated,by the lease contract, all of1which shall be ratified, confirmed,.and validated by the proper authorities. The City of Lubbock, Park and Recreation Board and the Parks and Wildlife Department of the State of Texas, by executing this instrument does hereby consent to the assignment of the lease contract hereinabove mentioned upon the terms and conditions as set out in this agreement. EXECUTED this the 10th day.of March,. 1971. Isl Sam Caplan San Caplan Isl Frieda Ca tan Frieda Caplan ASSIGNORS .1sl W. H. Plummer W. H. Plummer ASSIGNEE APPROVED: I CITY OF LUBBOGN .00 BY: J.. 7 R ATTEST: Lavenla Lowe, City Secredary-Treasurer APPROVED: /s/,Kent Wagonseller, Chairman,,.Parks and Recreation Boar Parks and Wildlife Department 71-30-103-283 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (36) Granberry and Councilmen Rigsby; Baker and Turner..voting Yea., none voting Nay, that the following Resolution be.passed. 71-30-104-285 (38) RESOLUTION THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf' of the City' of Lubbock CHANGE ORDER NO. 1 to the - Contract between the City of'Lubbock and Pharr Construction Company, covering additions to the Flight Service Station, Lubbock Regional Airport, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall.constitute and be a part of this Resolution as if fully copied herein in detail'# Passed by the City Council this 25th day of March, 1971. ATTEST:. Lavenia Lowe, city SecretiyTTreasurer APPROVED: 4 J . 6r.' GRA3tfRkr7OR .1sl Fred 0. Sente'r, Jr. Fred 04 Senter, Jr., City Attorney Architect's Job No: 091-69 CHANGE ORDER NO. 1 Amount: Plus $1,054.00 issued February 22, 1971 TO: Pharr-Construction.Company,.Lubbock, Texas, General Contractor. .You are hereby authorized to make the following changes in your contract for the construction of Addition to Existing Terminal Building for Flight Service Station, Lubbock Regional Airport, for Owners, The City of Lubbock, Texas. Afty new work covered under this Change Order shall comply with the applicable provisions of the original plans and specifications with no change in warranties. ADD DEDUCT 1. Construct expansion joint and other revisions at North Entrance as shown on Supplementary Drawing'No. 2, Dated 2/4/71. All work to be done in compliance with specifica- tions for similar materials in the original,specifica-' $994.-00 Boris. 2. Extend electrical service from point now shown to be 13' 0" from north wall and.8' O11­from the east wall, to a point 15' 8" from the north wall and 9' 6" from the east wall (F.S.S. OPS) 60.00 Total addition to contract: $1,054.00 The amount of the contract will be increased in the sum of One Thousand Fifty-four and no/100 Dollars ($1,054.00) with no change in the contract time. Amount of Original Contract Total Additions Total Deductions Contract to Date $129,988.00 $1,054.00 -0- $131,042.00 ACCEPTED: PHARR CONSTRUCTION COMPANY Contractor By ls, C. M. Pharr Date February 22, 1971 THE CXITYOF UBBOCK, TEXAS Owner GRANBERRY�� OR R. March 25,5, 1•l The following bids were received to establish price for a period of:one year on various sizes water pipe for lo� _rehouse stock, being Bid No. 1537. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to accept. the bid of K. C. Wheeler Drilling and Pipe Supply Co., El Paso, for the purchase of Items 1-4 and accept the bid of Johns Manville Corporation for the purchase of Items 5-6. The following bids were received for the purchase of 2 Three Wheel Scooters for the Park and Re6eration Department (1970-71 Budget), being Bid..No. 1538... Bid Tabulation set in Bid Book. After consideration'of all bids received, motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilman Rigsby,'Baker and Turner voting Yea, none voting Nay, to accept the bid of Colonialmotors, Dallas, for the purchase of 2 Three Wheel Scooters. 104E MAR 25 1971 71-30-105-288 (16) 105 MAR 2 5 1971 F_� LI 71-30-105-286 The following bids were received for the purchase of Prefabricated Steel Service Building at -the , l (39) new sanitary land fill site, being Bid No. 1534. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Counci man Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yeas, - none voting Nay, to accept the bid of Liberty Building Co. for the purchase :of Prefabricated Steel Service Building. 71-30-105-287 The following bids were received for trenching 5401 feet of sewer line at various locations, (40) being Bid No. 1541. Bid Tabulation set in Bid Book. After.consideration.of all,bids received, motion was made by.Councilman Baker, seconded by Councilman Rigsby,•motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voti Yea, none voting,Nay, to accept the bid of Pa&handle.Constructi.on Co. for trenching 5401 feet of sewer line at various location. 71-30-105-288 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (16) Granberry and Councilman Rigsby, Baker. and .Turner voting Yea, none voting Nay, to -authorize the request of Lubbock Electric Company, 1108 34th Street, for recessed parallel parking as shown on the drawing.set in on Page 104B.. 7l.-30-.105-289 The City Council.considered an ordinance closing-.a,portion of Texas Avenue and 2nd Street on the (25), east s}de of Lot,10, Block 11, Acuff Heights Addition, in .the Guadalupe Urban Renewal Area. Motion was made.,by Councilman Rigsby, seconded by Councilman. Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6060 on first reading to close a portion of Texas Avenue and 2nd Street. 71-30-105-290 Mr. Tom..Abercrombie.appeared before the City Council in regard to Item 25, an ordinance closing (25a) a portion of Texas Avenue and 2nd Street on the east side of Lot 10, Block 11, Acuff Heights Addition. After consideration of Mr. Abercrombie's statement, motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay., to -reconsider the passage of Ordinance No. 6060. 71-30-105-291 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor {25b) Granberry and Councilmen Rigsby, Baker and -Turner voting Yea, none voting Nay, to table the ordinance closing a portion of Texas Avenue and 2nd Street on the east side of Lot 10, Block 11, Acuff Heights Addition, for further consideration before passage of this ordinance on first reading. 71-30-105-292 After -further consideration,of•this ordinance closing a portion of. Texas Avenue and 2nd Street (25c) on the east side of Lot 10, Block 11, Acuff Heights Addition, motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to remove this•item from the table for further . consideration'. 71-30-105-293 The City Council against m ndidared an ordinance closing a.portion..of Texas Avenue and 2nd Street (25d) on the east side of Lot 10, Block ll, Acuff Heights Addition, in.the Guadalupe Urban Renewal Area. Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilman Rigsby.,. Baker and Turner voting Yea, none voting Nay,.to-pass Ordinance No, 6060 on first reading. ORDINANCE NO. 6060 AN ORDINANCE.ABANDONING AND CLOSING.PORTIONS OF TEXAS AVENUE AND 2ND STREET AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP. OF THE CITY OF�,LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE PORTIONS OF SAID STREETS AS AFORESAID: ED FROM REGULAR NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY.COUN4H.GRAN MEETING, March 25, 1971. . BERRY, MAY ATTEST: Laven -Lowe, Citycretary-Treasurer READ AND APPROVED THIS 78TH-DAY OF APRIL, 1971. •.GRANBERRY, MAY ATTEST: Lavenia we,: City Sec tary-Treasurer