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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/8/1971IM 71-30.406-294 (1) 71-30-106-295 (2) 71-30-106-296 ,(3) 71-30-106-297 (14) The City Council of the City of Lubbock met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members hereof being present to -wit: Mayor J. H. Granberry and Councilmen Lonnie F. Hollingsworth, 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-Treasurer1avenia Lowe.. Absent: Councilman Deaton Rigsby The invocation was given by Wayne Sherrell, Director of Traffic. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Virner voting Yea$ none voting Nay, to authori approval of City Council Minutes Regular Meeting held March 24,'1971, and Regular Meeting held March 25, 1971. Mr. Dirk West, Chariman of the Park and Recreation Board, appeared before the City Council and prdsentedthe recommendations of the Park and Recreation Board on the following items: a,. For water systems and botanical supplies for,five park sites. b. That the City Council consider a resolution authorizing filing of application for grant to acquire and develop open -space land. c. That the City Council'consider an ordinance authorizing expenditures in the amount of $2000 from Park Bond Funds to finance appraisals of six park sites. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker -'and Turner voting Yea,, none voting N I ay, to adopt the recommendations of the Park,and Re&reation Board. 71-30-106-298 Motion was made by Councilman Hollingsworth.'seconded by Councilman Baker, motion carried, Mayor (14a) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authori 71"30-106-299 (14b) a supplement to the 1970-71 City of Lubbock budget in the amount of $6,500. This supplement will be made to Account No. 10-5041-422;from.unappropriated funds and will be used to purchase water to establish and maintain turf. on newly developed park sites,. Motion was made by Councilman Hollingsworth, seconded by Councilman faker, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6061 on first reading. ORDINANCE NO. 6061 AN APPROPRIATION ORDINANCE WHEREAS, -th6 City Council of the -City lof Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bonds The sum $82,000.00 For the following purpose: Labor and material for installation of water system on the following park areas: Pa * rk site between 15th and 16th Street &-between Chicago and Dover Avenues;'Park site between.4:0th-avnd 42nd Streets at Avenuel B; Leroy Elmore Park; North side of K. N. Clapp Park; North side of Booker T. Washington Park. 71-30-106-300 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayorl (14c) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6062 on first reading. ORDINANCE NO.. 6062 AN APPROPRIATION ORDINANCE 1 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; se Im . .. ..... ..... There is hereby appropriated out of the following described bond fund, to -wit: Park Bond The sum $12,500.00 For the following purpose: Labor and material necessary toihstal.l botanical supplies on the following park areas: Park site between 15th & 16th Streets and between Chicago and Dover Avenues, Park site between 40th and 42nd 3P Streets at Avenue B; Leroy Elmore Park; North side of Booker T. Washington Park. 71-30-107-301 Motion was -made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (14d) Granberry and Councilmen Hollingsworth, Baker and'Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION AUTHORIZING FILING OF APPLICAtIONIOR GRANT TO ACQUIRE AND DEVELOP, OPEN -SPACE LAND. WHEREAS, Title VII of the HousingAct-of 1961, as amended, provides for the making of grants by the Secretary of Housing and Urban Development to States..and local public bodies to assist them in the acquisition and development of permanent interests in land for open -space uses where such assistance is needed for carrying out a unified or officially coordinated program for the provision and development of open -space land as part of the comprehensively planned development of the urban area; and, WHEREAS, the City of Lubbock (herein sometimes referred to as "Applicant") desire to acquire and develop park and recreation facilities adjacent to certain land known as 27th and Quirt, Parkway School Area, Sam Arnett School Area, Neil Wright School Area, Hardwick School Area, and Wester School Area, which land is to.be held and used for permanent open -space land for park andl recreation facilities; and, WHEREAS .Title VI of the Civil Rights Act of 1964, and the regulations of the Department of! Housing and Urban Development effectuating that Title, provide that no person shall be dis- I criminated against because of race, color, or national origin in the use -of the land acquired and or developed; and, I WHEREAS, it is recognized that the contract for Federal grant will impose certain obligatio and responsibilities upon the Applicant and will require among other things (1) assurances that families and individuals displaced as a result of the open -space land project are offered decent safe and sanitary housing, (2) compliance with Federal requirements relating to equal employment opportunity; and, WHEREAS, it is �estimated' that the cost of acquiring said interests will be $162,100.00; an WHEREAS, it is estimated.'' that the cost of development of said land will be $288,000.00; an NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That an application be made to the Department of Housing and Urban Development for a grant in an amount authorized by Title VII ofthe Housing Act, of 1961, as amended, which amount is presently estimated to be $250,000.00 and that the Applicant will pay the balance of the cost from other funds available to it. 2. That the Mayor of the City of Lubbock, BE and is hereby authorized and directed to execute and to file such Application with the Department of Housing and Urban Development and to execute such contracts as are required by said Department and that the Director of Parks and Recreation is hereby authorized and directed to provide additional information and to furnish such documents as may be required by said Department and to act as the authorized correspondent of the Applicant. 3. That the proposed acquisition and development is in accordance with plans for the allocation of land for open -space uses, and that, should said grant be made, the Applicant will acquire, develop, and retain said land for the uses designated in said Application and approved by the Department of Housing andUrban.Development. 4. That the United States of America and the Secretary of Housing and Urban Development BED and they hereby are, assured of full compliance by the Applicant with regulations of the Depart- ment of-Housi'rtg and Urban Development effectuating Title VI of the Civil Rights Act of 1964. 1 Passed by the City Councilthis8th day of April, 1971., 4NBERGNBEI J. RY, ATTEST.. Lave"nia Lowe, City Secr4tary-Treasurer APPROVED AS TO FORM: /s/Fred 0. Senter, Jr. Fred 0. Sen.ter,. Jr., City Attorney 71-30-107-302 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayorl .(14e) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6063 on first reading. 10 Awn AN APPROPRIATION ORDIN&NC_3 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following,described bond fund, to -wit: Park Bonds The sum $2,500.00 For the following purpose; Two (2) appraisals each on six (6) separate prop? park Sites: 26th Area; iiie Ave; and Gi6l5e AV6i-"Neil & Quirt Ave.; Parkway School a titsul" P Wright School Area- Hardwick School Area;�and 50th & Chicago Ave. before the 71-30-108-303 Mr. Charles Cobb, attorney representing Mr. Bobby Brand of the Sands Motel, appeared (15) City Council and requested a Street Use License on the west slide of Avenue Q between 3rd Street and 4th-Street. After consideration of all.information presented, the City Council requested Mr. Wayne Sherrell, Director of Traffic, to check with the Texas. Highway Department to determine if they will object to -this awning. 71-30-108-304 Motion was made by Councilman Baker, seconded by Councilman,Turner, motion carried, Mayor (16) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6056 on second and final 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 cif the.following described bond fund, to -wit: Street Improvement The sum $4,450.00 For the following purpose: Paving adjustments abutting Federal Building Site. 71-30-108-305 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (17) Granberry and Councilmen Hollingsworth, Baker..and Turner voting Yea, none voting Nay, to pass Ordinance No. 6059 on second and final reading. ORDINANCE NO. 6059 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 Improve- ment Bond Fund The sum $9,000.00 For the following purpose: Acquisition of Right ofWay to widen University Avenue,. $8,400.00 Land 600.00 Supplemental Expenditures Legal description of this..land is;Lot 1, Block 4, Kinser Addition. 71-30-108-306 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (18) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6050,on-second-and final reading. ORDINANCE NO. 6050 AN APPROPRIATION ORDINANCE AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE N0.,1710:. CHANGE BLOCKS 1 AND 7, CORON- ADO ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-3" TO,A "C-4" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-108-307 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (19) Granberry andCouncilmen Hollingsworth, Baker and Turner voting Yea., none voting Nay, to pass Ordinance No. 6051 on second and final reading. AN ORDINANCE OF THE CITY OF LUBBOCK APPROVING AND ADOPTING AN AMENDMENT TO THE URBAN RENEWAL PLAN OF THE CORONADO URBAN RENEWAL PROJECT, AS REVISED AUGUST 31, 1960, AS SUBSEQUENTLY AMENDED; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-109-308 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (20) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6052 on second and final reading. ORDINANCE NO. 6052 AN ORDINANCE AMENDING ZONING ORDINANCE N 0. 5669 OF THE CITY'OF-LUBBOCK COVERING ZONE CASE NO. 1067A, WHICH COVERED A TRACT OF LAND 530'.SOUTH AND 660' EAST OF THE NORTHWEST CORNER OF SECTION12, BLOCK E'-2, CITY OF LUBBOCK, LUBBOCK COUNTY., TEXAS, BY AMENDING CONDITIONS 2 AND 4 MADE -A PART THEREOF;. PROVIDING'A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71:-7.30-109-309 Motion was made by Councilman Baker,.seconded by Councilman Turner, motion carried, Mayor (21) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6053 on second and final reading. ORDINANCE NO. .6053 AN ORDINANCE AMENDING -ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1718: CHANGE LOT 10, BLOCK 108, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A72" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-109-310 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (22) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6054 on second -and final reading. ORDINANCE NO. 6054 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO'*- 1719: CHANGE LOT 8, SLIDE ROAD ADDITION AND A TRACT OF LAND OUT OF SECTION 5, BLOCK E-2, LUBBOCK COUNTY TEXAS, FROM AN "R-l" TO A SPECIFIG:USE PERMIT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-109-311 Motion was made by Councilman Baker, seconded by.Councilman Turner, motion carried, Mayor (23) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6055 on second and final reading. ORDINANCE NO. 6055 AN ORDINANCE AUTHORIZING THE ALTERING ANDCHANGING 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-2 TEXAS; AUTHORIZING THE PLACING -OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING 'THAT'STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISION HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCE EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGA CLAUSE AND PROVIDING FOR 'THE EFFECTIVE DATE OF THIS ORDINANCE. 71-30-109-312 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (28) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6060 on second and final,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 CLOSINGAND ABANDONMENT OF THE PORTIONS OF SAID STREETS AS AFORESAID. 71=30-109,313­ Motion.was made' by Councilman Baker.,.,sdconded by Councilman 'Turner, motion carried, Mayor Granberry and -Councilmen Hollingsworth,: Baker and Turner -voting Yea., nonevotingNay, that the following Resolution be'passed. RESOLUTION' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY,OF LUBBOCK: THAT th6.:Mayor-of.the 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 the Urban Renewal Agency of the City of Lubbock, Texas,.attached-herewith which shall be spread upon the minutes of this 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 8th day of April, 1971. J. H. GRANBERRY,,&YOR ATTEST* fe 4-ZF Labe is Lowe, CitSecreltary -Treasurer APPROVED AS TO FORM: t8l Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney iff 8 ---------- - Ej QUIT CLAIM DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT THE CITY OF LUBBOCK, a Home Rule Municipality in theCounty of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS, and other good and valuable consideration to it ,in hand paid-by,the. URBAN RENEWAL AGENCY OF THE -CITY OF LUBBOCK, TEXAS, the receipt of whichis hereby acknowledged and confessed, does hereby ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, all its rights, interest and title it and to that certain tract of land lying and being situated in the County of Lubbock, State of Texas,,described as follows, to -wit: BEGINNING at the Southeast corner of Lot 10, Block 11, Acuff Heights Addition to the City J' of Lubbock, Lubbock County, Texas; THENCE North 45 degrees East a distance of 21.21.feet to a point 15 feet West of the East line of -said Lot 10; THENCE North.parallel to and 15 feet East of said East line of said Lot 10, a distance of 124 feet to a point in the East-West center line of 2nd Street; THENCE Wes.t along said centerline a distance of 20 feet to a point,iln a 50 foot radius curve, said curve having a radius.point 25 feet North of,and 55 feet West of the Northeast corner of said Lot 10, Block 11, Acuff Heights Addition; THENCE Southwesterly along said curve to the right an arc distance of 26.18 feet to a point in the North line of said Lot. 10; THENCE East along said North -line of said Lot 10, a distance of'11.70 feet to the Northeast corner of said Lot 10; THENCE South .along the east line of said Lot 10, a distance of 114 feet to the.PO.INT OF BEGINNING, TO HAVE AND TO HOLD the said premises together with all and singular the rights, privileges and appurtenances thereto in any manner beglonging unto the said URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, its legal representatives, successors and assigns, nor any person or persons claiming under it shall, at Any time hereinafter, -have, claim, or demand any right to title tothe aforesaid premises,or appurtenances, or any part thereof. WITNESS OUR HANDS AT LUBBOCK, TEXASthis §th day of April, 1971. CITY. 0 BOCK J.GRANBERRY, YOR ATTEST: Lavenia Lowe, City Secretary -Treasurer UTILITY AND DRAINAGE EASEMENT THE STATE OF TEXAS KNOW.ALL-HEN BY,. THESE PRESENTS: COUNTY OF LUBBOCK THAT THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, for and in consideration of the sum of.OWE AND NOIIOO ($1.00) DOLLARS, to it, in hand paid by the.CITY OF LUBBOCK, a Home Rule Municipal Cor'poration of Lubbock County, Texas, the re * ceipt and sufficiency of which is hereby acknowledged and confessed, and for the.further good and valuable consideration in benefits accruing and to accrue to the remainder of our property have by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents do GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, its legal repre sentatives, successors and assigns, for the use of the public as a perpetual and'pe'rmadent"Oasement, the free and uninterrupted use; liberty of passage in, on,, -along, over, upon, under and across all that property lying and being situated in the County -of Lubbock, State -of Texas, and being more particularly described as follows: BEGINNING at the Northeast corner of Lot 10., Block 11, Acuff Heights Addition to the City of Lubbock, Lubbock*County-, Texas; THENCE East a distance of 15 feet; THENCE North a distance of 25 feet to a point in the East-West center line of 2nd Street; THENCE .West along said center line a distance of 20 feet to a point in a 50 foot radius curve, said curve having a radius point 25 feet North of and 55 feet West of the Northeast corner of said Lot 10, Block 11, Acuff Heights Addition; THENCE Southwesterly along saidcurve to the right an.arc distance.91f 26.18 feet to a point in the North line of said Lot 10; THENCE East along the North line of said Lot 10, a distance of 11.70 feet to the POINT OF BEGINNING. together with the rights of ingress, egress and regress at any and all times to accomplish the following purposes, to -wit: (a) allowing, but not limited to, constructing, reconstructing, repairing and perpetually .-maintaining any -and all,types of water.lines,;-sewer"lines, gas pipe -,lines, telephones and ..telegraph lines, electric transmission lines and anyothertype of public utility, whether named herein or not, and which easement includes all times and seasons the right of ingress, egress,.and regress of.motor vehicles and personnel engaged either in such construction and repair or the reading of meters;.and,, (b) the unobstructed drainage of surface waters. It being expressly and covenanted that the City of Lubbock shall have the right to set and determine the drainage grade and direc- tion of flow of surface water on the land herein described, and that Grantor herein covenant that it, its legal successors and assigns, will not alter, change or vary the slope or ..direction of surface water drainage ontheland described without prior written approval of the CityofLubbock. In order to assure the said City of Lubbock, its successors and assigns of continuing access and enjoyment of said easement, the said Urban Renewal Agency of Lubbock, Texas, does hereby expressly agree not to erect, build -or otherwise allow to be -constructed any building or like permanent structure over the said property heretofore described and should such building or structure be -erected, it is understood that the said City of Lubbock shall have the right to remove said building or structure from the premises. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the City of Lubbock, its successors and assigns, and any and all public utilities now or hereafter franchised by the City of Lubbock to use the City streets and alleys for so long as the public uses the same f76r. the purposes herein granted. WITNESS MY.HAND this day of 1971. URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS BY ATTEST: 71-30-111-314 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (30) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6064 on first reading. ORDINANCE NO. 6064 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING,OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON BOTH SIDES OF EAST 4TH STREET (F.M. 40) WITHIN THE CORPORATE LIMITS OF,THE CITY OF LUBBOCK,.LUBBOCK COUNTY, TEXAS; AUTHORIZING THEPLACING OP -SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAI STREETS OR HIGHWAYS"NOT SPECIFICALLY SET FORTHtHEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS. -HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCE EXCEPT THOSE WITH WHICH IS SPECIFICALLY -CONFLICTS; PROVIDING A SAVINGS '.CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 71-30-111-315 March 26, 1971 (31) Mr. Wayne-Sherrell Director.of Traffic P. 0. Box 2000 Lubbock, Texas 79401...., Dear Mr. Sherrell The Downtown Merchants Association requests authorization from the City of Lubbock to block off lk blocks of Broadway from 6:00 P.M. to midnight Friday April 30th. The downtown merchants plan to.run a downtown promotidn*during thesehours. The plan at present is to enclose the area from Ave. K to the middle of the 1000 block of Broadway. Within this area we plan to have a remote broadcast with one of the localradio stations and -perhaps some mobile refreshment booths. The downtown area has suffered a.loss in customer traffic over the last few years. The downtown merchants have united in an effort to regain some of this traffic. This event could be a giant step in the right direction.. Your*,cooperation is greatly needed and will be appreciated by both merchants and customers. Sinaerely yours Ray Cooper Ray Cooper J. C. Penney Co. 1102 Broadway representing the Downtown Merchants Association After consideration of the above request for temporary street closure, motion was made by Council man.Baker, seconded -by Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker,and Turner.voting Yea, none voting Nay, to grant this request. 71-30-1.12-316 The City Council considered the problem of pro-rata water and sewer charges which are still due (32)., in the Guadalupe Urban Renewal Area, in regard to redeveloping the area. After consideration ,of all information presented, motion was made by Councilman Turhet-i seconded by Councilman Hollingsworth, motion carried,Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to not waive these pro-rata charges and to bill the Urban Renewal Agency for these charges. If they will not pay, the City Council will reconsider this problem. 71-30-112-317 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (32a) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea; none voting Nay, that Zone Case No.-1682.be removed from thetable and placed on the April 21,, 1971, Zoning Agenda. 71-30-112-318 Motion was made by Councilman,Hollingsworth, seconded by Councilman Turner, motion carried, Mayor (33) Granberry and Councilmen Hollingsworth, Baker and.Turner voting Yea, none voting Nay, to approve the price and conditions for the sale of Parcel 1-1 of the Coronado Project, TEX. R-33, to Mr. R. B. Dennis in the amount of $29,951.68,-,, 71-30-112-319 Motion.was made by Councilman -Baker, seconded by Councilman Turner, motion carried, Mayor (34) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to approve the price and conditions for the sale of the following parcels of land in the Guadalupe Urban Renewal Area. ITEM NO. PARCEL- -REDEVELOPER 'PRICE REDEVELOPMENT 40 5B-18-1 (N 72.5') Romana Aguilar $1,715.00 Single -Family 41 5E-1-3 (W 58.6' of Emillio & Esperanza E. 117.2') Garcia $1,240.00 Single -Family 42 5B-12-2 (E. 21') Blas Esqueda $ 280.00 Single -Family 43 5'E-1-7 (E. 58' of W. 279') Francis Fernandez $1,240.00 Single -Family 44 5E-6-1 (W. 50' of E. 2691) Josefina Gonzbles $1,320.00 Single -Family 45 5B-17-8 (S. 50' of N. 200i5') Forrest Lumber Co. $1,365.00 Single -Family 46 5B-17-8 (S. 50' of N 150.5) Forrest Lumber Co. $1,365.001 Single -Family 47 5B-17-8 (S. 50' of N. 250.5)' .*Forrest Lumber Co. $1i365.00 Single -Family 48.. 5B-12-3,,(E. 701) Cesario Romo :$ 9,65. QO Single -Family 71-30-112-320 Motion was made by -Councilman Baker,.seconded by�Counciluian Turner, motion carried, Mayor (35)­ Granberry and Councilmen Hollingsworth, Baker -and,Turner-Voting Yea, none -voting Nay, to pass Ordinance No. 6065 on first reading. ORDINANCE NO. 6065 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AVENUE J AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARKTHE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE PORTIONS OF AVENUE J AS AFORESAID. 71-30-112-321 Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor Gran- (36) berry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ONA PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with;- the paving requirement provisions of City Ordinance 1331, the subdivider of Tract G, C. N. Hodges Addition, made arrangements with V & N Construction Company for the construction of paving. -improvements on certain streets dedicated -in said subdivision under the provisions of said Ordinanceprior to the recording of the subdivision plat of Tract G, C. N. Hodges Addition including the following street: The South half of 53rd Street from Avenue P to alley 900 feet East of Avenue P (Concrete paving improvements only). AND WHEREAS, the construction of the above improvements' on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordnace with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. x. That the improvements onsaid ,portions of the abovementioned street 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 portion of the cost. 1V ApR 1971 This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF APRIL, 1971. ZI J. H. GRANBERRY;AYOR ATTEQW: IALdZz we 41414:a IE 4 &XA4 go Ldvenia Lowe, dity Se4retary APPROVED: Is.1 Wilford D. Watson ji Wilford D. Watson, City Engineer /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney April 8, 1971 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements constructed by V & N Construction Company, paving - contractor, under their contract with the of Tract "G", C. N. Hodges Addition, and find the improvements on the South half of 53rd.Street,from Avenue "P" to Alley 900' East of Avenue "P", (concrete only) as listed on the, final estimate sheet to have,tbeen"_"pompleted in accordance with the plans and specifications and recommend that you accept the improvements on said streets, authorizing payment, to the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock. Yours very truly, Isl Wilford D. Watson Wilford D. Watson City Engineer CONSOLIDATED FINAL ESTIMATE TRACT G. C. N. HODGES ADDITION Accepted April :-8, 1971 QUAN2:LTIES S.Y. Unit & L.F. Alley Sub -Unit Location C & G Return ,NS-1856 South 1/2 of.53rd Street from Avenue P to alley 900' East of Avenue P (concrete only) 970.23 13.33 COST ESTIMATE 970.23 L.F. Curb & Gutter @$2.45 $2,377.06 -13.313 S.Y. Alley Return @$8.40 1.11.97 �;,CONTRACT COST $2,489.03 COST DISTRIBUTION Unit & Contract Developers Sub -Unit Cost Cost NS 1856 $2,48,9..03 $2,489.03 71-30-113-322., Motion was made by Councilman Baker, seconded by Councilman'Turner,-motion carried, Mayor (37) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to autho the Mayor to approve Texas Highway plans on Loop 289 on the east and west sides 71-30-113-323 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting.Yea, none voting Nay, that the following Resolution be.passed. G.W.O. 10,333 RESOLUTION A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. WHEREAS, the City Council on April 8, 1971, passed a resolution providing for the improvemen of a portion of streets, highways, avenues and/or alleys in the City of Lubbock, Texas, and along the boundaries of said city, to be done under General Work order No. 10,733, and directing pre- paration of plans and specifications coveting the streets, highways, avenues and/or alleys as 1E 71-30-114-324 (39) WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and the same have been examined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT, the plans and specifications submitted by the City Engineer covering improvements contemplated by said resolution, BE, and the same are hereby approved and the Mayor and City Secretary are hereby authorized and directed to advertise for bids in accordance with the "Notice to Bidders" made a part of said specifications covering the quantities of materials needed for said paving program as therein set out. Passed and approved this the 8th day of April, 1971. APPROVED: I Isl Wilford D. Watson Wilford D. Watson, City Engineer J. H.�11�, R Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Granberry L and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. G.W.O. 10,733. A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARA- TION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: I. Public necessity exists thatthe following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: STREETS FROM TO 44th Street Chicago Ave. 56th Street Wayne Ave. Vicksburg Ave. 54th Street, 54th Street Salem Ave. W/side Salem Ave. 66th Street W/side Ave. N 52nd Street 53rd Street Ave. L E/side Ave. J 56th Street Toledo Ave. 4th Street Salem Ave. .54th Street Utica Ave. 56th Street W/side Salem Ave. 65:th Street S/side 21st St.(Widening) Knoxville Ave. ALLEYS FROM E-W between 19th and 20th, Hartford Ave. E-W between 44th and 45th Gary Ave. E-W between 59th and 60th Gary Ave. E-W-South of 69th Street 70th'Street Ii. Dover Ave. York Ave;+ 55th Street Utica Ave. 67th Street 53rd Street Ave. P 58th-Street Alley'South of 7th St. 55th Street 58th Street '66th Street Louisville Ave. 06 Indiana -Ave. Hartford Ave. 636.61 feet East of Gary Ave. Nashville Drive Said portions of streets, highways aftd'avendes shall beimpxoviaad'by'raising, grading and filling.same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with five (5) course penetration type of 1-3/4" hot mix type asphaltic surface treatment. Alleys shall be improved by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improve- ments.. ME ApR a 1971 IV. Such improvements in each unit shall be paid for in the foll.owing:ma nner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in.the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS: (b) The aubtting.property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums.to be paid by the railways under sub -paragraph (a) above, provided, that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall. appear at the hearing, to be had before final assessment is made, that the special benefits to.such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and,the owners thereof, a lesser amount not to exceed the benefits. ALLEY IMPROVEMENTS: (c)The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be,paid by the railways under sub -paragraph (a) above, in the following manner: All property which has single family or two (2) family residential usage on'both sides. -of the alley to be.improved shall be assessed for fifty (50),% of the cost of such improvements. Vacant property zoned for two (2) family resident! purposes s , hall be assessed for fifty (50) % of the cost of such improvement. Property which has commercial or semi.. -.commercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90) % of ,the cost of such improvemer -Where.-there is commercial or semi -commercial usage or zoning on one side of an alley, and single family residential usage and zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the costs of constructing alley paving improvements as specifie&,above, provided, that if it shall appear.at the hearing to be had before final assessment in made, that the special benefits to such property by way.qf enhancement value.thereof by means of such improvements will not aggregate such proportion of the cost,,as specified above, then there sha , 11 be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefit, (d) The remaining cost of said improvements, after deducting,.thp sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub -paragraphs .(b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work betwee rails and tracks and 2 feet on.each side thereof shall be paid on estimates or statements on or before twenty days after acceptance of.the improvements in the unit ' in which the railway lies, by the City Council and shall bear ' interest from date due and until, paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting.property and the owners thereof shall be payable in five, (5).equa ' 1 installments: The first of which shall become due on or before 20 days after completion -and acceptance of the improvements in the unit on which the property abuts by the, City -Council; the second, third, fourth and fifth installments shall become due one, two, three .and four years-xrespectively after completion and acceptance of the improveme ts i 4 Ynitfunn jAch the pro eria abuts,.�y th ncil, ind.shall bear e e ClAy tCoul �rom �hte a e improvements, ion and acU nce un i interest/per an Rel I a ne race.o six percent annum on sPree provements, an8 seven perce� pdr annum on alley imp ovements, payable annually, with provisions that if default be made in the.payment of any installment promptly as the same matures; then at the option of the holder, of such assessment or certificate issued in evidence thereof, such default shall mature the . entire assessment upon which same is made. - VI, Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred.j..all under and in accordance with the Char -ter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105 B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. This Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF APRIL, 1971. ',.� � - 11 J. H. GRANBERRY, A L�avenia Lowe, City Secretary APPROVED: Isl Fred 0. Senter, Jr. - * Fred 0. Senter, Jr., City Attorney APR 8 1971 71-30-116-325 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (39a) Granberry and Councilman Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following�Resolution be passed-. G.W.O. 10,733 RESOLUTION WHEREAS, the City Council of the City of Lubbock by resolutions passed on April 8, 1971, regular sessions of said City Council declared a necessity for and ordered the improvement of those certain highways, streets and alleys or portions thereof in the City of Lubbock, Lubbock, Texas, as more particularly described hereafter, by excavating, grading, and paving the same and by the construction of drainage facilities therein and by'the construction of curbs and gutters wherein curbs and gutters are not how -in place and directing the City Engineer to pre- pare plans and specifications for said improvements; and, WHEREAS, the plans and specifications for the improvements of said highways, streets and alleys have now been duly approvedby.the City Council of the City of Lubbock, Lubbock, Texas, WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock, Texas, to be necessary in the public interest to make the improvements herein designated on those certain highways, public streets and alleys or portions thereof; NOW THEREFORE, BE IT RESOLVED BY THE, CITY COUNCIL OF THE CITY OF LUBBOCK: THAT improving.the.hereinafter described highways, streets and alleys, or portions thereof, located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of -drainage facilities therein as well as the necessary curbs and gutters which are not now in place be and are hereby found to be a necessity; and,, THAT the cost of making such improvements be partly paid for by the City of Lubbock and partly by the hereinafter described property abutting upon the highway, street or streets, and alleys or portions thereof which are hereby ordered to be improved, and the owners of such pro- perty 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 Legislature and amendments there -to. The po'rtions*df streets and alleys upon which improvements are proposed to be constructed and the abutting property proposed to be assessed for said.improvements designated and defined by Unit and Sub -Unit are as follows: UNIT AND SUB-UNIT.NO. STREETS FROM, TO 2220-1 44th Street, Chicago Ave. Dover Ave. 2220-2 56th Street Wayne Ave. York Ave. 2220-3 Vicksburg Ave. 54th Street 55th Street 2220-4 54th Street Salem Ave. Utica Ave. 2220-5 W/side Salem -Ave. 66th Street 67th Street 2220-6W/side Ave. N 52nd-Street 53rd Street. - 22-20-7 53rd-Stree t Ave,. L. Ave. P 2220-8 E16ide Ave. J 56th Street 2221-1 Toledo Ave. 4th.Street. Alley S. of 7th St. 2221-2 Salem Ave. 54th Street 55th Street 2221-3- Utica Ave. 56th Street 58th Street 22-21-4 W/side Salem Ave. 65th Street 66th Street 2222-1. S/side 21st.St. Knoxville Ave. Louisville Ave. .(widening) UNIT AND SUB -UNIT NO. ALLEYS FROM TO A-411-1 E-W between 19th & 20th Hartford Ave.- Indiana Ave. A-411-2 E-W between 44th & 45th Gary Ave. Hartford Ave. A-411-3 E-W between 59th & 60th Gary Ave. 636.61 ft. E. of Gary Ave. A-411-4 E-W S. of -69th"Street. 70th-Street Nashville Drive 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 passa e. PASSED AND APPROVED THIS 8TH DAY OF APRIL, 1971. J.-H. GRANBERRY7,;'O'MAYOR ATTEST�" Lavenid Lowe, City Secretary APPROVED: Isl Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: Isl Fred 0. Senter, Jr., Fred O. Senter, Jr., City Attorney M 71-30-117-326 The City Council considered a water line to be constructed in Guava Avenue south of East 66th (41) Street. The cost of the line will be $12,208.93. This will be a 16" line and the developers will pay $4,842.65 and the cost to the City will be $7,366.28. Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Hollingswort Baker and Turner voting Yea, none voting Nay, to authorize construction of this 16" water line. 71-30-117-327 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor (42) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea,none voting Nay, to authorize final -payment of $27,828.68 to Panhandle Construction Company for Southeast Water Distribution Mains and Supply Mains, W.W.O. 11442. The contract was for $268,-626.80 and the final cost is $2692349.77. Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On March 23, 1971, 1 inspected the S.E. Water Distribution.Mains and Supply Main from 66th Street and Quirt Avenue to 66th Street and Olive Avenue. W.W.O. 11442 construction by Panhandle Con- struction Company, under contract dated May.14, 1970, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Yours very truly, Is/ Wilford D. Watson Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK X Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared David H. Hampton, who being by me duly sworn, upon oath says: I, David H. Hampton, do represent to the City of Lubbock and solemnly swear that I executed a -contract with the City of Lubbock, said contract being dated May 14, 1970, for S.E. Water Distribution Mains and Supply Mains from 66th Street & Quirt.Ave. .to 66th Street & Olive Ave. und, W.W.O. 11442, and that the work and contract has been completed according to the plans and specifications pertaining.to,the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants duo the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of,all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further rppreserit and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job,and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of-th6 full and final. moneys due me under this 'contract. Witness my hand this 2nd day of April, 1971. /s/ David H. Hampton Vice President Subscribed and sworn to before me this the 2nd day of April, 1971. /s/ Carole Henderson Notary Public in and for Lubbocl County, Texas 71-30-117-328 Motion wasri,,made by Councilman Hollingsworth ,seconded by Councilman Baker, motion carried, Mayor (43) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authoris final payment of $3,328.68 to Panhandle Construction Company for*,construction of 24" effluent line to Southwestern Public Service Company, G'.O.w.0.581. The contract was for $333,332.31, and the final cost is $332,868.32. The line in being paid for by Southwestern Public Service Compan, Certificate of Completion. Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On March 23, 1971, 1 inspected the 2411 Effluent Line to S.W.P.S. Co., Clifford B. Jones Station G.O,W.O. 581 constructed by .Panhandle Construction Company, under contract dated November 13, 1969, and found said improvements to have been.completedin accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. pR 8 1971 71-30-118-329 (4-5) Yours very truly, Isl Wilford D. Watson Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared David H. Hampton, who being by me duly sworn, upon oath says: . I, david H. Hampton, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated November 13, 1969, for 24" Effluent Line to S.W.P.S. Company, Clifford B. Jones Station, under G.O.W.O. 581, and that the work and contract has been completed according to the plans and specifications pertaining to the-project'and that all labor, material, supplies and other cost including equipment, rental and hire,and all expense items incurred in connection with'said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds:, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or -claims have been secured by settlement and my filed of record with the County Clerk of Lubbock County! I -further represent and affirm that all Federal, State and Municipal,,laws were substantially complied with by me in doing and carrying out the job and project herein) referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of theifull and final moneys due me under this contract. Witness my hand this 2nd day of April, 1971. Isl David H. Hampton Vice . Pfl�A0eh't Subscribed and sworn to before me this the 2nd day of April, 1971. Isl Carole Henderson Notary Public in and for Lubbock County, Texas Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker.and Turnervoting Yea, none voting Nay, that the followingResolution-be passed. RESOLUTION WHEREAS,.'.,the*City Council of the City of Lubbock, has heretofore determined the necessity of establishing building set back lines on property abutting 4th Street to the City of Lubbock, .—Lubbock County, Texas, and has enacted Ordinance No. 5895; and, WHEREAS, it has now been determined that the increased vehicular traffic along 4th Street in the vicinity of Block 3, Roberts & McWhorter Addition, necessitates the straightening, widening and.improving of 4th Street; and, WHEREAS, it is necessary. to acquire for street and highway right of way purposes the fee simple title to the land hereinafter described, owned by Leased Station, Inc., a Delaware Corporation; and, WHEREAS, the City Council has caused an appraisal to be made of said land and the value and total damages, if any, to the owner, and all others, whose interest may appear.; -for fee simple title to said land have been appraised in the amount of $9,000.00, and the Council finds such amount to be fair and equitable; -NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of straightening, widening and improving the public street known and described as 4th Street the fee simple title to the land lying and being situated in Lubbock County, Texas, and more.particularly described as follows,:to-wit.: BEGINNING at a point being the Southwest corner of Lot 3, Block 1, of the Roberts and *McWhor ter Addition;. THENCE, North along the West line of Lot 3, Block 3, a distance of 18.4 feet to the pro- posed North right-of-way line of S. Highway 82', (4th Street); THENCE N. 890 57' E a distance of 128 feet.to a point in the East line of Lot 3, Block 3, said point also being 131.9 feet South of the Northeast corner,of Lot 3; THENCE South along the East line of Lot 3, Block 3, a distance of.3.' I feet, said point being the beginning of a curve to the right whose radius bears West a distance of 15 feet; THENCE along said curvea distance of 23.56 feet',.to the presqntfNorth right-of-way line of U.- S. Highway 82,.(4th Street) atwhich pointthe radius -bears North; THENCE S 890 49' West, along the present right-of-way line, a distance of 113 feet to the PLACE OF BEGINNING. I .fir Ri. a r i AGREEMENT THIS AGREEMENT made and entered by and between THE CITY OF LUBBOCK, TEXAS, a municipal corporation and political sub- division of the State of Texas, hereinafter called "CITY, and SIMPSON & CURTIN, a corporation of transportation engineers` with offices at 1405 Locust Street, Philadelphia, Pennsylvania, } I hereinafter called "FIRM;" WITNESSETH: WHEREAS, the CITY has determined a need for a technical study for improvement of transit operations within•the City of Lubbock and surrounding area, and WHEREAS, the FIRM has prepared a Proposed Work Program' designed to meet the needs of the CITY and satisfy the require- I ments of the Federal Department of Transportation for financial • t w assistance, and � P " WHEREAS, the FIRM has specialized in the study of local transit systems, and r I WHEREAS, the CITY has chosen the FIRM to perform said Work Program; • i NOW, THEREFORE, it is mutually understood and agreed k as follows: i I 1. DEFINITIONS t The term "DOT"gas used herein shall mean the United States Department of Transportation, or as the context may re- quire, the Secretary of the Department of Transportation, or other person who may at the time be acting in the capacity of the Secretary or authorized representative, or any other person , e i Now NEW THAT the owner, Leased Station, Inc. , a Delaware Corporation, and all others, if any, whose inter-est,mAy.appear, be offered through the Right -of -Way Department the amount appraised as the value and.total damages, if any, for the fee simple title and acquisitiqn.of said land for the purposes herein stated, for the use and benefit of the State of Texas, and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute,condemnation pro- ceedings for and on behalf of the State of Texas to acquire the fee simple title to said land as hereinabove described for street purposes. Passed by the City Council this 8th day of April, 1971. J. H. GRANBERRY, ATTEST rd c4ca IE 4 Lavenia Lowe, city Secr-ftary-Treasurer APPROVED AS TO FORM: jsj Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 71-30-119-330 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion.carried, Mayor (46) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to. pass Ordinance No. 6066 on first reading. ORDINANCE NO..6066 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THE EAST -WEST ALLEY IN BLOCK 20, COUNTRY CLUB ADDITION TO -THE CITY,:OF LUBBOCK, LUBBOCK COUNTY, TEXAS,AS MORE PARTICULARLY DESCRIBED HEREIN, AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP(F"4THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SUCH ALLEY AS AFORESAID. 71-30-119-331 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor (47) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6067 on first reading. ORDINANCE NO. 6067 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THE EAST -WEST ALLEY IN BLOCK 3, BRIDWELL SUB -DIVISION 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 CLOSING AND ABANDONNENT OF SUCH ALLEY AS AFORESAID.... 71-30-119-332 Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, moiton carried, Mayor (48) Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, . none voting Nay, to'pass Ordinance No. 6068 on first reading. ORDINANCE NO. 6068 AN ORDINANCE ABANDONING,AND CLOSING A PORTION OF FORDHAM STREET, ALL OF THE NORTH -SOUTH ALL1 IN BLOCK 18, AND ALL OF THE NORTH -SOUTH ALLEY IN BLOCK 23, BOTH BLOCKS BEING IN THE COUNTRY CLUB ADDITION -TO THE CITY'OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN, AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL�M&P.,QF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SUCH STREET.AND ALLEY AS AFORESAID, . 71-30-119-,333 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (50) Granberry and Councilmen Hollingsworth,.Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayorofthe City of Lubbock be.and is hereby,authorize.d and directed to execute for and on behalf of the City of Lubbock an agreement between the City of Lubbock and Simpson & Curtin,.In6.,-coveting a mass transit study, 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 8th day of April., 1971. J. H. GRANBERRY, ATTESTYN Lavehia, Lowe, Citq secreTtary-Treasurer I*- Isl Fred 0. Senter, Jr., - Fred 0. Senter, Jr., City Attorney SEE AGREEMENT SET IN ON PAGE 118B. Eff 71-30-120-334 (44) - 71-30-120-335 (52) 71-30-120-336 (53) 71-30-120-337 (54) 71-30-120-338 (55) 71-30-120-339 (41a) Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize Mr. Frank Gray to deliver effluent water to the following persons for agricultural purposes: Lena K. Benton August Patshke.(operator) on behalf of A. M. Pfluger Estate B. H. Sides and sons, B. H. Sides, Jr. H. L. Cone and Cone Properties Roscoe Sides W. J. Schroder Earl Forester The following bids were received for the purchase of cast iron water. pipe (Bond Fund Stores), being Bid No. 1557. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made.by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the*bid of Lone Star Steel Co., Dallas, for the purchase of cast iron water pipe. The following bids were received to establish price for a period of one year for sewer tile in various sizes, being Bid No. 1550. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Granberry.and Councilmen Hollingsworth, Baker and Turnervoting Yea, none voting Nay, to accept the bid of United Clay Pipe Co., Seminole, Okla., to establish price for a period of one year for sewer tile in various sizes. The following bids were received for the purchase of metal guard rail material for the Broadway underpass, G.W.O. 10729, being Bid No. 1536. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of U. S. Steel Corp. for the purchase of -metal guard rail material for the Broadway underpass, The following bids werereceived for the put -chase of'a tractor ,with loader and backhoe from the Cemetery 1970-71 budget, being Bid No. 1549. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of Farmers Supply Company for the purchase of a tractor with loader and backh6e. Motion was made by Councilman.Raker, seconded by,Councilman Turner, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting,.Ye-a,, none voting Nay, to pass Ordinance No, 6069'on first reading. 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 $7,336.28 ' For the following purpose: City's part of water line in Guava Avenue Loop 289 . NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY MEETING, April 8, 1971. ATTES Lavenia Lowe, City S-ecretary-Treasurer AEAD AND APPROVED: THIS 22ND DAY OF APRIL,, 1971 ATTEST• st 66th Street to