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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/22/1971July 22, 1971 REGULAR CITY COUNCIL MEETING The City Council of the City -of Lubbock, Texas,,met at 10:00.o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor J. H. Granberry and Councilmen Deaton Rigsby, John E. Baker and Morris W. Turner, Assistant City Manager Robert Wilson, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Laveniq Lowe, Absent: Councilman Lonnie F. Hollingsworth and City Manager W. R. Blackwell. 71-30-277-729 The invocation was given by Fred-0. S-enter, Jr., City Attorney. (1) 71-30-277-730 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 71-30-277-731 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granb*erry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to authorize approval of City Council Minutes - Special Meeting held July 7, 1971; and Regular Meeting held July 8, 1971. 71-30-277-732 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (9) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6126 on second and final reading. ORDINANCE NO. 6126 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: 71-30-277-733 (10) 71-30-277-734 (11) There is hereby appropriated out of thefollowing described bond fund, to -wit: Traffic Sig Bond Fund The sum $5,671.59 For the following purpose: City participation on a 50-50 cost basis in the installation of cantilever railroad flashing signals on North Quirt Avenue with San Fe Railroad. 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 pass Ordinance No. 6127 on second and final reading. ORDINANCE NO. 6127 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; wasumadulm There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Se Bond Fund The sum $27,975.00 For the following purpose: Additions and repairs to sanitary sewer lift station at 23rd Street and Quaker Avenue. 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 pass Ordinance No. 6130 on second and.final reading. 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, 4— - - — — — — — — 4-+—A ­e —P 4-1­ A----,I,-A 1,--A 4:..—A t ­­. . O�- — 31"-w The sum $32,430.00 For the following purpose: Acquisition of Right of Way to widen University Avenue: 2502 39th St. (Lot 10, Block 1, Badley Addition) $14,500 2502 38th St. (Lot 20, Block 4, Kinser Addition) 17.2500 32,000 Supplemental Expenditures 430 TOTAL $32,430 71-30-278-735 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (12) Granberry and Councilmen Rigsby and Baker voting Yea, Councilman Turner voting Nay, to pass Ordinance No. 6125 on second and final reading. AN ORDINANCE OF THE CITY OF LUBBOCK APPROVING THE URBAN RENEWAL PLAN AND THE FEASIBILITY OF RELOCATION FOR NEIGHBORHOOD DEVELOP14ENT PROGRAM 71-30-278-736 Motion was made by Councilman Baker, seconded by Councilman Turneri.motion carried, Mayor (13) Granberry and Councilman Baker and Turner voting Yea, Councilman Rigsby voting Nay, to pass Ordinance No. 6129.on second.and final reading. This ordinance to.be effective September 1, 1971. ANORDINANCE AMENDING ARTICLE II OF CHAPTER 34 OF THE CODE OF ORDINANCES OF.THE CITY OF LUBBOCK BY AMENDING -SECTION 34-52 THEREOF PROVIDING FOR PRO-RATA CHARGES FOR WATER AND/OR SEWER SERVICE; AMENDING SECTION 34-65 PROVIDING FOR UNIT PRICES USED IN CALCULATING COSTS OF EXTENSIONS: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-278-737 NOTICE OF CITY COUNCIL HEARING (16) NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 22nd day of July, 1971, at 10:00 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to,be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation. ZONE CASE NO. 1744 - Request of Joe M. Barclay (for Castle Development Inc.) to change the following described tracts of.land out of Section 10, Block E-2, City of Lubbock, Lubbock County, Texas, from an "R-l" to an "R-2", "A-21' and "C-21' Zoning Districts. Said property is further described as follows: Tract A change "R-l" to 'tC-211 BEGINNING at the northeast corner of the SEk of Section.10, Block E-2; THENCE South 180.3 feet to a.point in the east ROW line of Quaker Avenue; THENCE North 270 03' W along the East ROW line of Quaker Avenue a distance of approximately 200 feet to the north line of the SE4 of Section 10;. L The Planning and Zoning Commission recommended to the City Council that this Tract be denied. Tract B change "R-l" to "A-211 BEGINNING 420 feet south and 30 feet west of the Northeast corner of the SEk of Section 10, Block E-2; THENCE West 400 feet; THENCE-N 450 W,approximately 600 feet to a point in the North line of the SEk of Section 10, Block E-2; THENCE East along the k sec. line approximately 650 feet to a point in the west ROW line of Quaker Avenue; THENCE S 270 03' E along the west ROW line of Quaker Avenue, a distance of approximately 250 feet to a point of curvature;, THENCE Southeasterly along the west line of Quaker Avenue approximately 210 feet to the place of BEGINNING. The Planning and.Zoning Commission recommended to the City Council that this Tract be approved subject to the followin& condition: 1. If apartments are built, the density shall be one unit per 1500 square feet. Tract C change "R-111 to "C-211 BEGINNING 40 feet north and 30 feet west of.the southeast corner of Section 10, Block E-2,� THENCE South 372.3 feet; THENCE, East 501 feet to the place of BEGINNING. The Planning and'Zoning Commission recommended to the City Council that this Tract be approved. Tract D change "R-1" to J`R-21' BEGINNING 420 feet south and 30 feet west of the northeast corner of the SEk of Section 10, Block E-2; THENCE West 400 feet; it THENCE N 450,W 600 feet; THENCE West 215 feet; THENCE S 450 E 812 feet; J THENCE East 450 feet; THENCE North 150 feet to the place of BEGINNING. fE (Between 74th Street and 82nd Street and West of Quaker Avenue) The Planning.and Zoning Commission recommended to the City Council that this Tract be approved. ZONE CASE NO. 1745 -*Request of Bill J. Klein to change�.Lots 3 through 5, Block 62, Overton Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "A-2" Zoning District. (2107 5th Street). The Planning and Zoning Commission recommended to the City -Council that this request be approved. ZONE CASE NO. 921C - Request of Henry,Huneke (for Lubbock Commercial Buildings, Inc.) to amend Specific Use Permit on Briercroft Center to allow Minature Golf Course on a tract of land out of Section 3, Block E, City of Lubbock, Lubbock County, Texas. Property is further described as follows: Tract 1 BEGINNING at a point which is 800' west and 45'+ south of NE corner of Section 3, Block E, Lubbock County, Texas; 'distance THENCE West a of 1337.184- to a point; THENCE South a distance of 4104- to a point; THENCE East a distance of 508'+ to a point; THENCE South a distance of 993.5'+ to a point; THENCE East a distance of-1442.16'+ to,a point in the West right-of-way line of Avenue Q South Drive; THENCE along the West right-of-way line of Avenue Q South Drive a distance of 1381.14'+ to the place of BEGINNING.' Tract 2 BEGINNING at a point which is 2137.18"+ west and 45'+ south of the NE corner of Section 3, Block E, Lubbock County, Texas; THENCE West adistance of,445'+-to a point; THENCE South<a distance of 180'+.to a --point; II THENCE West a distance of 150'+ to a point; THENCE South a distance of 260'+ to a point; Sf THENCE East a., distance of .606'+ to a,,'point.;.-.` THENCE North a distance, of 423'+,to a -point (South of 50th Street and Avenue Q South Drive between Avenue U and P) 711 The Planning and Zoning..Commission recommended to the.:City-Council that this request be approved. ZONE CASE NO. 1746 - Request of R. W. Goodacre (for Lawrence.McGee) to change a tract of land out of Section 3, Block E, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "A-1" Zoning District. Property is further described by metes and bounds to wit:, The North of the following described tract of land BEGINNING at the northeast corner of Lot -A, Block 24, Vandelia Village Addition, City of Lubbock, Lubbock County, Texas; rrurwyrr KT_f4, 4n the woat- lina of Awpnmq q- 12.9-5 fAAf! JUL 2 2 A97A THENCE South 122.5 feet; THENCE N 780 24' E, 137.81 feet to the place of BEGINNING. (West of Avenue S and North of 66th Street) The Planning and Zoning Commission recommended to the City Council that this request be RU2Loved subject to the following condition: 1. That a solid 6 foot permanent -type screening fence of wood or masonry construction be erected and permanently maintained along the North property line. ZONE CASE NO. 1665A - Request of Don Sager to change Lot 479, Oakwood Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to an "R-2".Zoning District. (South of 52nd Street ,and west of Avenue X) The Planning and Zoning Commission recommended to the City Council that this request be 22pLoved subject to the following conditions: 1. That the construction be of brick veneer and wood shingles. 2.1Shall not have a carport; vehicle storage shall be enclosed on at least three (3) sides. 3. That the minimum area be 2500 square feet. ZOM. CASE NO. 1730 -Request of Edward-W. Napier (for Clyde A. Stovall) to change Lots I through 4, Godwin Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to a "C-2A" Zoning District. (Southwest corner of 38th Street and Avenue U). The Planning and Zoning Commission recommended to the City Council- that this request be denied. ZONE CASE NO: 1747 - Request of Lynn Forrest (for The Forrest.Foundation)-to change Lots 2 through 7, Circuit Rider Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to an "A-l" Zoning District. (Southeast corner of 13th Street and Slide Road). The Planning and Zoning Commission recommended to the City Cqv4icil that th* request be denied. I I : I Lava dt9'towe, `City `rSec . r-e-Iry-Treasurer City of Lubbock, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1744 - Requestao njf� Barclay (for Castle Development, Inc.) to change property located between 74th n Street/an west o f rjue atker Avenue from an "'R-1" to an "R-2", "A-2" and "C-2" Zoning Districts. The Planning and Zoning Commission recommended that: 2. Request for change of Tract A from "R-1" to "C-2" be denied. b. Request for change of Tract B from "R-1" to "A-2" be approved subject to the following condition: If apartments are built, the density shall be one unit p6r.1500 square feet. c. Request for change of Tract C from "R-1" to "C-21' be approved. i. Request for change of Tract D from "R,-l" to "R-2" be approved. Mayor Granberry called for proponents and opponents to appear before the City Council. Mr. Arnold Maeker, representing Castle Development, Inc., appeared before the City Council in support of this zone change request. No. -one -else came forward; whereupon, Mayor Granberry announced that the hearing was closed. Jim Bertram; Director of Planning, presented the recommendations of the Planning and Zoning Commission. After consideration of all information presented, 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 uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6131 on first reading subject to a revised plat being filed. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOC SO AS TO MAKE THE FOLLOWING CHANGE: ZONE -CASE NO. 1744: CHANGE THE'FOLLOWING DESCRIBED TRACTS OF LAND OUT OF SECTION 10, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO -a "R-211$ "A-211 AND "C-211 ZONING DISTRICTS; SUBJECT TO CONDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-30-280-738 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1745 - (17) Request of Billy J.'Klein to change property located at 2107.5th Street from an "R-2" to an "A-211 Zoning District. The Planning and Zoning Commission recommended that this request be approved. Mayor Granberry called for proponents and opponents to appear before the City Council, but no one came forward; whereupon, Mayor Granberry announced that the hearing was closed. Jim Bertram, Director of Planning, presented the recommendations of the,planning and Zoning Commission. After consideration of all information presented, 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 uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6132 on first reading. ORDINANCE NO. 6132 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5064 OF THE CITY OF LUBBOCK, WHICH AUTHORIZED _. SPECIFIC r PERMIT IN ZONE CASE NO. R COVERING x TRACT �. LAND OUT OF SECTION BLOCK LUBBOCK TEXAS: .Y ALLOWING 1 ♦ a• ,COURSE; PROVIDING x SAVINGS CLAUSE AND PROVIDING '. �PUBLICATION. W_ 7 Li JUL 2 2 To 71-30-281-739 in accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 921C - (18) Request of Henry Huneke (for Lubbock Commercial Buildings, Inc.). to amend Specific Use Permit on Briercroft:Center to allow Miniature Golf Course on property located south of 50th Street and Avenue Q'South Drive between Avenue U and Avenue P. The Planning and Zoning Commission recom- is request beapproved. Mayor Granberry called for proponents and opponents to mended that this appear before the City Council. Mr. Henry Huneke,, representing Lubbock Commercial Buildings, Inc., appeared before the City Council in.support of this zone change request. No one else came forward; whereupon, Mayor Granberry announced that the hearing was closed. Jim Bertram, Director lanning, presented the recomndations.of.the Planning and Zoning Commission.. After consider of Planning,mo tion of.al,l information presented, motion was. made by Councilman Baker,, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass ordinance No. 6133-on first reading subject to a new site plan being presented. See Ordinance No. 6133 set in on Page 280B. 71-30-281-740 In accordance with the above Notice of.Zoning Hearing, hearing was.held in Zone Case No. 1746 - (19) Request of R. Wi Goodacre (for Lawrence McGee) to change property located west of Avenue S and north of 66th Street from an "R-2" to an "A -I,' Zoning District. The Planning and Zoning Commissi recommended that this request,be approved subject to the following condition: That a solid 6 foot permanent type screening.fence of wood or masonry construction.be erected and permanently maintained along the north property line. Mayor Granberry called for proponents and opponents to appear before the City Council. Mr. Jerry; Cypert, representing Lawrence McGee, appeared before the City Council in support of this zone change request. No.one else came forward; whereupon, Mayor Granberry announced that the hearing was closed. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. After consideration of all information presented, 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 uphold the recommendation of the Plannini and Zoning Commission and pass Ordinance No. 6134 on first reading. ORDINANCE No. 6134 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. 1746: CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A ' - ' I" ZONING DISTRICT; SUBJECT TO CONDITION; PROVIDING A PENALTY; FROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 71-30-281-741 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1665A - (20) Request of Don Sager to change property located south.of 52.nd Street and west of Avenue X from an "R-11' to an "R-2" Zoning District. The Planning and Zoning Commission recommended that this request be approved subject to the following conditions: 1. That the construction be of brick veneer and wood shingles. 2. Shall not have a carport; vehicle storage shall be enclosed on at least three (3) sides. 3. That the minimum area be 2500 square feet. Mayor Granberry called for proponents and opponents to appear before the City Council. Mr. Don Sager appeared before the City Council in support of this zone change request and stated that he was agreeable to the conditions. No one else came forward; whereupon, Mayor Granberry announced that the hearing was closed. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Baker and Turner voting Yea, Councilman Rigsby voting Nay, to deny this zone change request. 71-30-281-742 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1730 (21) Appeal of Edward W. Napier (for Clyde A. Stovall) to change property located on the southwest -111-to a 11C-2A" Zoning District. The Planning and I corner of 38th Street and Avenue U from an "R Zoning Commission recommended that this request be denied. Mayor Granberry called for proponents{ and opponents to appear be -fore .the City Council. Mr. Edward W. Napier, representing Clyde A. Stovall, appeared before the City Council in support of this zone change request. Mr. Napier stated that Mr. Stovall would like to put in a drive-in grocery store at this location. Mr. Homer Duncan of 2117 38th Street, Mr. Frank Kilcrease of 2114 38th Street, Mr. Harvey Lacy of i 2115.38th Street.and Mr. Glenn Hackney of.2023 38th Street appeared before the City Council in protest to this zone change. Mr. Hackney stated that there .are 4 drive-in grocery stores within 6 blocks of this area. No one else came forward; whereupon, Mayor Granberry announced that the hearing was closed. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. After consideration of all information presented, 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 uphold the recommendations i of the Planning and Zoning Commission and deny this zone change request. 71-30-281-743 In;accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1747 - (22) Appeal of Lynn'Forrest (for.The.Forrest Foundation) to change property located on the southeast corner of 13th Street and Slide Road from an '!R-11' to.an "A -I" Zoning District. The Planning and Zoning Commission recommended that this request be denied. Mayor Granberry called for proponents And opponents to appear before the City Council. Mr..Lynn Forrest, representing The Forrest Foundation, appeared before the City Council in support of this zone change request. No one else came forward;.whereupon, Mayor Granberry announced that the hearing was closed. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commissi, After consideration of all information presented, motion was made by Councilman Rigsby, seconded by Council -man Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to uphold the recommendations of the Planning and Zoning Commission MT*W 71-30-282-744 Mr. Jim Bertram, Director of Planning, appeared before the City Council and presented a plan (23) for the proposed development for future zoning west of Slide Road between 50th Streetand Loop 289. Mr. Bill Young, representing Mr. George Bi Long, appeared before the City Council in regard to this proposed development plan. After consi•eration of a 1 information presente• motion was made by Councilman Turneri seconded by Councilman Baker, motion carried, Mayor Granberry and!fCouncilmen Rigsby, Baker andTurner voting Yea, none voting Nay, to table this proposed development plan for future consideration. 71-30-282-745 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (24) Granberry and Councilmen Rigsby, Baker and'Turner voting Yea, none voting Nay, to remove Zone Ej Case No. 1729 from the table for reconsideration. 71-30-282-746 The City Council reconsidered Zone Case No. 1729. Hearing was held'on-this zone case May 2b, (24a) 1971, and is of record in Minute Book 30, Page 189. This request of Wayne Canup is to change property located north of 52nd Street and west of Slide Road from an '!R-1" to a "C-4" Zoning District. After consideration of all information presented, -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 deny this zone change request. 71-30-282-747 Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor (25) Granberry and Councilmen Rigsby,'Baker and Turner voting Yea, none voting Nay, to pass ordinance No. 6135 on first reading. ORDINANCE NO..6135 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following,described bond fund, to -wit: Canyon Lakes Bonds The sum $74,080 For the following purpose: Appraisals and related Real Estate expenses for the completion of work on the Canyon Lakes Project. 71-30-282-748 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (26) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6136 on first reading. ORDINANCE NO. 6136 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of.hond funds for an approved project; , There is hereby appropriated out of the following described bond fund, to -wit: Canyon Lakes The sum $21,000 For the following purpose: Special consultant on water quality in connection with Canyon Lakes Investigation. 71-30"282-749 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (27). Granberry and Councilman Rigsby, Baker and Turner voting Yea, none voting Nay, to approve a 'Federal Aid Urban Street and Highway System for Lubbock and to authorize the Mayor to sign the map. 71-30-282-750 Motion was made by Councilman Baker,, seconded by Councilman Rigsby, motion carried, Mayor (28) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6137 on first reading. ORDINANCE NO. 6137 AN. ORDINANCE AMENDING ORDINANCE NO. 2071 OF THE CITY OF LUBBOCK., TEXAS, WHICH ESTABLISHED A BUILDING LINE ON PORTIONS OF LOCUST AVENUE BY AMENDING THE DESCRIPTION OF THE BUILDING LINE; PROVIDING A SAVINGS CLAUSE AND PROVIDING -FOR PUBLICATION. 71-30-282-751 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 approve the prices and conditions of sale on two parcels in the Guadalupe Urban Renewal Area. ITEM NO. PARCEL REDEVELOPER PRICE REDEVELOPMENT .67 5B-17-2 (N. 56 Forrest Lumber Co. $1,385.00 Single -Family of S 267.7) 68 5B-11-2 (W. 701) Guadalupe Salazar $1,265.00 Single -Family 71-30-282-749 (27) k 7� 51131130M 71-30-283-752- Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberi (30) and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, that the following Resolutioil, be passed. RESOLUTION - RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED BELOW: WHEREAS, the City of -Lubbock passed a resolution on June 24, 1971, authorizing the construc- tion of improvements by Commercial Concrete Construction on a portionofthe following alley: a The North -South alley between Avenue R and Avenue S from the South lip line of 17th Street to the North lip line of 18th Street, known and designated as Unit A-410. AND WHEREAS, the improvements upon the said portion of theabovementioned alley have been inspected'and found to have been constructed according to the approved plans and specifications. MON-11 I'M I!, I I That the 'improvements on said portion of the abovementioned alley be, and the same are hereb accepted and the -City Engineer be and he.is hereby authorized to direct the payment of the City's share. This resolution shall take effect and be in force after its passage. vy k 1, 1 # 0 J. H. GRANBERRY, ATTEST: Lavenia Lowe, City Sdcretkry-Treasurer Isl Wilford D. Watson, �� - , I . , I I Wilford D. Watson, CityEngineer is/ Fred-O. Senter, Jr. Fred 0. Senter, Jr., City Attorney Lswfflsm*� S.Y. Unit & 51', . I L.F. Sub -Unit Location Conc..Slab C & G A'410 The.North-South alley between Avenue R and Avenue S from the South lip line of 17th Street to the Northlip line of 18th Street known and designated as unit'A-410 341.85 81.70 TOTAL 341.85 81.70 COST ESTIMATE 341.85 S.Y. 5" Concrete Slab @$7.37 2,518.08 81.70 L.F. Curb & Gutter: @$2.00 163.40 CONTRACT COST $2,681.48 COST DISTRIBUTION* Unit & Contract Property city Sub -Unit Cost Owner Cost Cost -A-410 $2,681.48 $2,534.00 $147.48 TOTALS $2,681.48 $2,534.00 $147.48 71-30-283-753 Motion was made by Councilman Rigsby, seconded'by Councilman Turner, motion carried, Mayor Gran- (31) berry an&Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6138 on first reading'. ORDINANCE NO. 6138 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; 'MALT q1UL'DVVnDL, 284 MHEM 71-30-284-754 (34) There is hereby appropriated out of the following described bond fund, to -wit: Street Improve- ment Fund The sum $42,000 For the following purpose: Cost o.f Engineering and city part on 4 blocks of alleys and 13 blocks of streets on G.W.O. 10,733. 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, it has been determined by the City Council upon information by the Traffic Engineer that.the increased traffic along a portion of University Avenue within the City of Lubbock, Lubbock County, Texas, necessitates the widening and improving,of University Avenue; 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 Ethel Clark, a feme sole; 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 appriased in the amount of $11,500.00, and the Council finds such amount to be fair and equitable; NOW THEREFORE: THAT the City of Lubbock acquire for the purposes of widening and improving the public street known and described.as University Avenue, the fee simple title to the land lying and being situated in Lubbock County, Texas, and more particularly described as follows, to -wit: . Lo.t 1, Block 2, Badley Addition to the City of Lubbock, Lubbock County, Texas. THAT the owner, Ethel Clark, a feme sole, and all others, if any, whose interest 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 acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire the fee simple title to said land as herein - above described for street purposes. Passed by the City Council this 22nd day of July, 1971. ATV 9 Lavenia Lowe City Secietary-Treasurer /s/ Fred.O. Senter, Jr. Fred 0. Senter, Jr., City Attorney J. H. GRANBERRY, OR 71-30-284-755 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, to authorize purchase of the west 50' of Lot 20 and the east 20' of Lot 19, Block 1, Sunny Slope Addition (2502 46th Street) from Thomas A. Young for a consideration of $16,420. This is for University Avenue -right of way. 71-30-284-756 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (38) Granberry and Councilmen Rigsby, Baker and Turner.voting Yea, none voting Nay, to the following Resolution be passed. RESOLUTION WHEREAS, it has been determined by the City Council upon information by the Traffic Engineer that the increased traffic along a portion of University,Avenue within the City of Lubbock, Lubbock County, Texas, necessitates the widening and improving of University Avenue; 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 George A. Hogland and wife, Louva L. Hogland; 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 $17,550.00, and the City Council finds such amount to be fair and equitable; NOW THEREFORE; THAT the City of Lubbock acquire for the purposes of widening and improving the public street known and described as University -Avenue, the fee simple title to the land lying and being situated in Lubbock County, Texas, and more particularly described as follows, to -wit: - . - - - I I I - - - ___ A A J! x_ __ -_ -I-- n- - ­9 T ­1,1­1, T 0--f- T-0 . 9-M I JUL 2 2 1971 THAT the owners George A. Hogland and wife, Louva L. Hogland, and all others, if any whose interest may appear, be offered through the Right of Wayy-Department the amount appratsed, as the value and total damages; if any, for the fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire the fee simple title to said lane as-hereinabeove described for street purposes..' Passed by the City Council this 22nd ddy­of-july.- 1971. J.H. GRANBERRY, ATT Lavenia Lowe, City Secretary -Treasurer Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 71-30-285-757 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (40) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, that the fol Resolution be passed. RITUM WHEREAS, it has been determined by the City Council upon information by the Traffic Engineer that the increased traffic along a portion of University Avenue within the City of Lubbock, Lubb4 County, Texas, necessitates the widening and improving of University Avenue; 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 Caroline J. Contreras, a feme sole; 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 $15,750.00, and the Council finds such amount to be fair and equitable; NOW THEREFORE: THAT the City of Lubbock acquire for the purposes.of widening and improving the public street known and described as University Avenue; the fee simple title to the land lying and be situated in Lubbock County, Texas, and more particularly described as follows, to -wit: Lot 20, Block 2, Gandy Heights Additiontothe City of Lubbock, Lubbock County, Texas. THAT the owner, Cakoline-J. Contreras, a feme'sole, and all others, if any, whose interest 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.acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire the fee simple title to said land as hereinabove described for street purposes.. Passed -by -the City Council this 22nd day of July, 1971. J. H. GRANBERRY, ATTEST Lavelhia Lowe, Ci* Secr-Ttary-Treasurer I , Isl Fred 0. Senter, Jr., Fred 0. Senter, Jr., City Attorney 71-30-285-758: Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (43) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, that the follow- ing Resolution be passed. RESOLUTION WHEREAS, it has-been determined by the City,Council upon in * formation by the Traffic Engineer that the increased traffic along a portion ofUniversity Avenue within the City of Lubbock, Lubbock County, Texas, necessitates the widening and improving of University Avenue; and, WHEREAS, it is necessary to acquire for street and.highway right of way purposes the fee simple title tb the land hereinafter described, owned by Gordon,E. Stalcup and wife Ellen Terra Stalcup; 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 $13,500.00, and the Council finds :k JUL 2 2, 1971 , THAT the City of Lubbock acquire for the purposes of widening and improving the public street known and described as University Avenue, the fee simple title to the land lying and being situated inLubbock County, Texas, and more particularly described as follows, to -wit: Lot 36, Installment #2, Lortondale Addition to the City of Lubbock, Lubbock County, Texas THAT the owners, Gordon,E. Stalcup and wife Ellen Terra Stalcup, and all others, if any, whose interest 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 acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation pro- ceedings for and on behalf of,the City of Lubbock to acquire the fee simple title to said land as hereinabove described for street purposes. Passed by the City Council this 22nd day of July, 1971. J. H. GRANBERRY, IV ATTEST: IIR Laven'a Lowe, City Secretlary-Treasurer APPROVED'AS TO.FORM: Isl Fred 0. Senter, Jr Fred 0. Senter, Jr., City Attorney Motion was made by Councilman.Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to pass Ordinance .No. 6139 on first reading. ORDINANCE NO. 6139 will never pass 2nd ORDINANCE NO. 6139 AN ORDINANCE ABANDONING AND CLOSING E124 AVENUE ADJACENT TO LOTS I THROUGH 7, NEEDLES ADDITION AND LOT I OF THE PLAINS COOPERATIVE OIL MILL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,.TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING:AND ABANDONMENT OF THE STREET AS AFORESAID. 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, that the follow- ing Resolution be passed. RESOLUTION THAT the Mayorof the City of Lubbock.be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of Judgment Lien 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 22nd day of July, 1971. ATT! Lavenia Lowe, City SecreLary-Treasurer. Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney RELEASE OF JUDGMENT LIEN offlgfflt�W A J. H. GRANBERRY, OR THAT WHEREAS, on the 25th day of August A.D. 1965, in the County Court at Law #2 of Lubbock County, Texas, in a certain cause'styled City of Lubbock vs. Dalinda Melendez, a feme sole, No. 11275, the City of Lubbock, Lubbock County, Texas, as Plaintiff in judgment, recovered of Dalinda Melendez, a feme sole, as Defendant in judgment, a judgment in the sum of Three Hundred Twenty-Four'and 36/100 ($324.36) Dollars, together with costs of suit and interest from the 25th dayof August A.D. 1965, at the rate of six (6%) per cent.per,annum, totaling Four Hundred Fifty One and 72/100 ($451.72) Dollars, an abstract of which judgment was placed and now appears, of record in volume 24, page 486, of the Abstract of Judgment,,Records of Lubbock County, Texas, which record is made a part hereof and reference is here made to same for a better description of such judgment; and whereas, such judgment has been paid and at the time of its payment the undersigned was the legal owner and holder of said judgment, and entitled to receive payment thereof; NOW THEREFORE, the City of Lubbock, Lubbock County, Texas, in consideration of the premises, f JUL 2 2 1971 71-30-287-762 RESOLUTION (47) WHEREAS, the City Council mindful of a possible need for prompt4 skillful disposal of explosives, chemicals and similar dangerous articles has conferred with the United States Army and requested their expert assistance, and WHEREAS, the United States Army has offered to assist in such explosive disposal upon the execution of a release and reimbursement agreement, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCILOF OF .! of Police, Acting Chief of Police, . Manager or City Attorney BE and are hereby authorized, acting individually on emergency, to request the assistance of the United States Army for r • - Ordnance disposal » ♦ the off1c4 requestmaking such - • authorized ♦ execute a release reimbursementand the City of Lubbock and the unit of the United States Army to the request for r • ! r r♦♦ ♦ of the agreement is •ems» executed United each time a States Army unit respondsto the request. agreement is attached herewith which shall be spread upon the minutes of ♦' 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 22nd day of July, 1971. ATTEST J. H. GRANBERRY, MA Lavenia Lowe, City ecret y-Treasurer APPROVED AS TO FORM: /a/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 19 March 1971 C S, AR 75-15 *APPENDIX A EXPI.40SIVE ORDNANCE DISPOSAL CIVIL.., SUPPORT RELEASE AND REIMBURSEMENT AGREEMENT t AGREE;JIE-T BETWEEN A . 4 (EOD unit/command) F AND (regnesthig agency or civil authorityy In the event that the United States, through the UnitedStates Army, begins explosive ordnance disposal (hereinafter referred to as "EOD") procedures upon located at in , (type of device) (street or location) (city and state) then, in consideration therefor, and in recognition of the peculiar hazards involved in the disposal of nonmilitary conmiereia]-type explosives, chemicals, and similar dangerous articles, (herein - (requesting agency or civil authority) after referred to as "requestor"), agrees : 1. To reimburse the Department of the Army for the costs involved in furnishing all requested EOD services. Such costs may include personal services of civan employees, travel and per diem expenses for military and civilian personnel, and other expenses to include transportation and supplies, material, with prescribed accessorial charges; costs of consumed supplies, and equipment material, and equipment and such supplies, material, and equipment which is damaged. beyond economical repair; and costs of repairing or reconditioning nonconsumable items not damaged beyond economical repair. (This paragraph is inapplicable and the requestor does not agree to its provisions in instances when EOD assistance is requested for improvised explosive devices (homemade bombs and arson devices) or explosives which are abandoned or for which responsibility cannot be deterinined withina, reasonable time.) 2. To consider all military and civilians personnel of the Department of the Army involved in furnishing requested EOD services as its own agents or servants. 3. To hold the United States and the Department of the Army and all military and civilian personnel of the Department of the Army harmless for any consequences of services rendered pursuant to this agreement without regard ♦ to whether the services are performed properly or negligently. (This paragraph is inapplicable if requestor is the United States Government or one of its instrumentalities.) E 84 JUL 2 2 197, 71-30-287-761 (46a) property: South 55 feet of Lot 14, Block 2, Wayside Addition to the City of Lubbock, Lubbock County, Texas. WITNESS MY HAND THIS 22ND DAY OF JULY, A.D. 1971. C ITY OF 'Lr,iK 1=11fif M., ATTEST Lavenia Lowe, City 'Secre*ry-Treasurer Isl Fred'O. Senter, Jr. Fred 0. Senter, Jr., City Attorney 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, that the follow- ing Resolution be passed. 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 a Release of Judgment Lien 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 22nd day of July, 1971. J. H. GRANBERRY,7YOR ATTEST 4 4OV; Lavenia Lowe, City Secretary -Treasurer c KNOW ALL MEN BY THESE PRESENTS: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS I RELEASE OF JUDGMENT LIEN THAT WHEREAS, on the 25th day of August A.D. 1965 in the County Court at Law #2 of Lubbock County, Texas, in a certain cause styled City of Lubbock vs. Fred Gutierrez, Et Ux, No. 11274, the City of Lubbock, Lubbock County, Texas, as Plaintiff in judgment, recovered of Fred Gutierre2 Et. Ux, as Defendant in'jud . gment, a judgment in the sum of Four Hundred Thirty -Five and 59/100 0439.59) Dollars, together with costs of suit ' and interest from the 25th day of August A.D. 1965 at the rate of six (6%) per cent per annum, totaling Six Hundred Four and 46/100 ($604.46) Dollax an abstract of which judgment was placed and now appears, of record in volume 24, page 487, of the Abstract of Judgment Records of Lubbock County, Texas, which record is made a part hereof and reference is here made to same for a better description of such judgment; and whereas, such judgment has been paid and at the time of its payment the undersigned was the legal owner and holder of said judgment, and entitled to receive payment thereof; NOW THEREFORE, the City of Lubbock, Lubbock County, Texas,*in consideration of the premises, does hereby acknowledge payment of such judgment, and does hereby release unto the said Fred Gutierrez and wife, Herlinda Gutierrez, their heirs and assigns, any and all liens heretofore existing by reason * of such judgment. That payment of this judgment does hereby release the following described property: Lot 11, Block 4, Richmond Second Addition to the City of Lubbock, Lubbock County, Texas. WITNESS MY HAND THIS 22ND DAY OF JULY, A.D. 1971. CITY BOC J.'H. GRANBERRY,^YOR ATTEST: Lavenik Lowe, City Secretdry-Treasurer 71-30-287-762 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (47) Granberry and Councilmen Rigsby, igsby, Baker and Turner voting Yea, none voting Nay, that the follow- ing Resolution be passed. Resolution and agreement copied in on Page 286B. 0 71-30-288-763 Motion was made by Councilman Rigsby, seconded by Councilman Turner,' motion carried, Mayor (48) Granberry.and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to appoint Mrs. Alma Range'l to fill the unexpired term of I Duncan Ellison who resigned, as a member of the Urban Renewal Agency. This term will expire November 26, 1971. 71-30-288-764 Motion was made by Councilman Rigsby,seconded by Councilman Turner, motion carried, Mayor (49) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to reappoint Dr. Glenn:Barnett and to appoint Mrs. Kenneth Scholz to replace Mrs. Charles Verner and to appoint Charles Guy to replace Jay Egan as members of the Auditorium -Coliseum Board. These terms are for five years and will expire August 1, 1976. 71-30-288-765 Motion was made by Councilman Rigsby, seconded by Councilman Baker,�motion carried, Mayor (50) Granberry and Councilmen Rigsby, Baker and Turner voting Yea,.,none voting Nay, to appoint Jack King to replace Harland Cook, Jr. and to appoint Mrs.. Glenn Jones to replace Mrs. Carroll Cobb as members of the Youth Council. These terms are for three years and will expire August 8, 1974. 71 -30-288-766 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor (52) Granberry and Councilmen Rigsby, Baker and Turner voting Yea,. none voting Nay, to authorize approval of architectural contract with Bill ,W,.,Cantrell forremodoling Municipal Golf Clubhouse. THE STATE OF TEXAS CONTRACT FOR ARCHITECT'S SERVICES COUNTY OF LUBBOCK THIS AGREEMENT entered into this day by and between the CITY OF LUBBOCK, hereinafter called "City" and BILL W. CANTRELL, hereinafter called "Architect"; WITNESS ETH: WHEREAS, the City desires to make alterations to and additions to the existing clubhouse at keadowbrook Municipal Golf Course and hereby engages the services of the Architect for the purposes and upon the consideration and conditions and terms stated herein: 1. Architect will provide the following services: a. Design alternations and additions to the clubhouse at Meadowbrook Municipal Golf Course, within the scope of directions set forth by the City Council and as related to the Architect by duly authorized officers, employees or boards of the City. b. Prepare such drawings, models and documents as shall,. be necessary to enable the City to submit requests for bids.and receive acceptable bids on this project. c. Furnish full and careful architectural supervision during all phases of construction of the project. 2. The alterations and additions designed by the Architect shall not exceed in cost the sum of $150,000.00, which shall include construction costs, architect's and consultant's compensation and costs which are the responsibility of the City. 3. The Architect shall receive as compensation for his services 10% of the construction cost. a. An initial payment of 25% of the Architect's fee shall be paid upon completion and presentation to the City Council,.or their delegated officer, employee or board, of the preliminary drawings, specifications and preliminary costs estimates. A previous payment of $1,000.00 made by the City to the Architect for research work on this project shall be considered as part of this initial payment. b. A payment of 25% of the Architec'ts.fee shall be paid upon completion, presentation 'and acceptance of final plans, drawings and specifications by the City Council. c. A payment of M of the Architect's fee shall be paid upon the awarding of a bid or bids by the City Council based on the Architect's final plans, drawings and specifications. d. The final payment of the Architect's fee in the amount of 25% of the total fee shall be paid upon completion of the construction of the project and full and final acceptance by the City Council. e. The fee for any additional services shall be negotiated at the time such additional services are authorized by the City Council. f. In the event the City determines not to proceed with construction of the project or suspends indefinitely such construction work or decides to terminate this Agreement with the Architect' 7 days written notice shallbe given by the City to the Architect. The Architect shall be entitled to compensation for his services up to the date of termination if termination is due to no fault of the Architect. 4. Construction cost to be used as a basis for determining the Architect's fee shall be the total cost to the City of work designed by the Architect and stipulated by the City Council, its authorized officers, employees or boards as within the scope of architectural services intended to be covered by this Agreement. 5. In the event the lowest bona fide bid received by the City Is in such amount that the entire project cost to the City exceeds $150,000.00,,the Architect shall, without additional charge, modify the plans and specifications for the project and submit the modified plans to the City Council for re -bidding. Such modifications or revision shall not be merely the elimination of space or needed __ - A--- -- 4- ... 14- 1—- -1-11 ­_ 44 ---- ­_­ . ---A^,4-- -4 4-U- -1- ___ - JUL "2'2 Iivi I CITY OF LUBBOCK MEMO TO: Honorable Mayor & City Council FROM: John R. Brooks, Tax Assessor -Collector SUBJECT: Journal Entry Voucher Please authorize issuance of a Journal Entry Voucher in the amount of $5,460.42 to correct errors in assessment of City Delinquent Tax Rolls. $2,514.30 of this total is delinquent personal property and $2,946.12 real property. $1,906.64 of the real property tax is a result of a court order in Civil Action #5-620, Standard Milling Company bankruptcy. Affidavits or statements supporting these cancellations are on file in the Tax Office. The amount of charge off requested by year is as follows: 4 Personal Property Taxes Real Estate Taxes Year Amount Year Amount 1958 $ 10.50 1959 $ 10.50 1959 $ 12.45 1960 $ 6.00 1960 $ 16.20 1961 $ 10.50 1961 $ 200.85 1962 $ 4.50 1962 $ 201.15 1963 $ 16.50 1963 $ 200.85 1964 $ 48.00 1964 $ 211.95 1965 $ 29.50 1965 $ 77.64 1966 $ 254.88 1966 $ 67.86 1967 $ 313.88 1967 $ 4.84 1968 $ 406.62 1968 $ 972.55 1969 $ 1,402.92 1969 $ 979.78 Total $ 2,514.30 Total $ 2,946.12 Total Real Estate $ Personal Property Taxes $5,460.42 J R. B OOKS, Tax Assessor -�- Collector and specifications until acceptable to the City Council and bids are accepted within the project limits. 6. The Architect shall furnish to the City, at no expense to the City, one set of repro- ducible plans and drawings of this project, as built. All preliminary and general plans,,, .drawings and reports furnished to the City.by the Architect are the property of the City. 7. Architect's Insurance. The Architect shall maintain insurance to protect him from claims under workman's compensation acts; claims for damages because of bodily injury, including -personal injury, sickness or disease, or death of any of his employees or of any person other than his employees; and claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom.,. The Architect shall main- tain insurance to protect him from claims arisingout of the performance of professional services caused by any of his errors, omissions, or negligent acts, or the errors, omissions] or negligent acts of any person employed by him or by others for whom he is legally liable. Professional liability insurance shall be in an amount consistent with insurance industry requiremente, but not less than $100,000.00. If the Architect does not already have such insurance, he shall arrange for coverage and show evidence of such coverage to Owner within 9.0 days of the date of this Agreement. EXECUTED THIS 22ND DAY OF JULY, 1971. CITY J. H. GRANBERRY, YOR ATTEST: Lavenia Lowe, City Secretar -Treasurer APPROVED AS TO FORM: ARCHITECT I /d/ Fred 0. Senter, Jr. j Fred 0. Senter, Jr., City Attorney BILL W. CANTRELL, A.I.A. i 71-30-289-767 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor I (53) Granberry and Councilmen Rigsby, Baker and Turner voting Yea,,none voting Nay, to authorize issuance of a Journal Entry Voucher in the amount of $5,460.42 to correct errors in assessment of City delinquent tax rolls. List of accounts assessed in error set in on Page 288B. 71-30-289-768 The following bids were received for the purchase of miscellaneous electric items for warehouse (S4) stock, being Bid No. 1678. Bid Tabulation set,in Bid Book. After consideration of all bids received, 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 accept the bid of General Electric Supply Co. for the purchase of Items 1 and 2; accept the bid of Nelson Electric Supply Co. for the purchase of Item 4; accept the bid of Temple, Inc: for the purchase of Item 5; accept the bid of C. B. Anderson Co., Amarillo, Texas for the purchase of Item 3; and accept the bid of Nunn Electric. Supply Corp. for the purchase of Item 6. 71-30-289-769 The.following bids were recieved for the purchase of copper service pipe for warehouse stock, (55) being Bid No. 1684. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Morrison Supply Co. for.the purchase of Item 1 and accept the bid of Clowe and Cowan, Inc., for the purchase of Item 2. 71-30-289-770 The following bids were received for the purchase of activated carbon for the Water Treatment . (56) Plant, being Bid No. 1677. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilman Rigsby, Baker and Turner voting Yea, none voting Nay, to accept the bid of McKesson Chemical Co., Odessa, Texas, for the purchase of activated carbon for the Water Treatment Plant. .. 71-30-289-771 The following bids were received for the purchase of fencing for the East 26th Street overpass, (57) being Bid No. 1669. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Cyclone Fence Co. a Division of United States Steel Corp. for the purchase of fencing for the East 26th Street Overpass. 71-30-289-772 The following bids were received for the purchase of water pumps and controls for Pump Station (58) No. 8, being Bid No. 1663. 290 71-30-290-77-3 (44) After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Baker, motioncarried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to accept the bid of Delaval Turbine, Inc., Dallas, Texas, for the purchase of water pumps and controls for Pump Station No. 8, subject to HUD concurrence. 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 pass Ordinance No. 6140 on first reading. ORDINANCE NO. 6140 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; 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 $16,635.00 For'the following purpose: Acquisition of Right of Way to widen University Avenue: 2502 46th Street (West 50 feet of Lot 20 and the East 20 feet of Lot 19, Block 1, Sunny Slope Addition) $16,420 Land 215 Supplemental Expenditures $16,635 TOTAL 71-30-290-774 Motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor (35) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, that the follow- ing Resolution be passed. RESOLUTION WHEREAS, it has been'determined by the City'Council upon information by the Traffic Engineer that the increased traffic along a portion of University Avenue within the City of Lubbock, Lubbock County, Texas, necessitates the widening and improving of University Avenue;­7aftd`, 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 Marvin A. Fann and wife Ester Fann, 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 $11,200.00 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 widening and improving the public street known and described as University Avenue, the fee simple title to the land lying and being situated in Lubbock County, Texas, and more particularly described as follow, to -wit: Lot 10, Block 2, Badley Addition to the City of LubbockLubbock County, Texas. THAT the owners Marvin A. Fann and wife, Ester Fann, and all others, if any whose interest may appear, be offered through the Right of,Way Departmentthe amount appraised as the value and total damages, if any.' for the fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock and unless accepted forth- with, the City Attorney is hereby authorized and instructed to institute condemnation pro- ceedings for and on behalf of the City of Lubbock to acquire the fee simple title to said land as hereinabove described -for streetpurposes. Passed by the City Council this 22nd day of July, 1971. ATTEST' 4Z A49- f Lavenfi—L5w—e, City-rSeAce"ret yFTreasurer Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney e_�_ J, H. GRANBERRY, YOR JUL 2 2 197 71-30-291-775 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (33) Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City Council of the City of Lubbock, has determined the necessity of providing drainage of surface flood waters South of Loop 289, between University Avenue and Avenue W, within the corporate limits of the City of Lubbock; and, WHEREAS, it is necessary to acquire an easement for construction of a drainage channel on land owned by Mary F. Connelley, a widow and independent executrix of the Estate of Quinn Connelley; and, WHEREAS, the City Council has directed that an appraisal be made to determine the fair market value of the land, as hereinafter described, and damages, if any, to the remainder, to the owner and all others, whose interest may appear for the drainage channel easement; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF OF THAT the City of Lubbock acquire for the purpose of the drainage of surface flood waters and other public use, an easement on a portion of a tract of land situated in the County of Lubbock, State of Texas, described as follows: BEGINNING at a point which is 956 feet East and 30 feet North of the Southwest corner of the Northwest one quarter of Section 4, Block E-2, Lubbock County, Texas; THENCE North a distance of 650.55 feet to a point in the South Right of Way line of Loop 289; THENCE East along the South Right of Way line of Loop 289 a distance of 50.00 feet; THENCE South a distance of 650.55 feet; THENCE West a distance of / 1 feet to the PLACE OF BEGINNIN I THAT the owner, Mary F. Connelley, a widow, and independent executrix of the Estate of Quinn Connelley, deceased, and all others, if any, whose interest may appear, be offered through the Right of Way Department for the City of Lubbock, $1,500.00, the amount appraised as the value and total damages, if any, for the above described easement, and unless accepted forthwith by the stated owner, the City Attorney is hereby authorized and directed to begin proceedings to acquire the land necessary for the easement by the right of eminent domain for and in behalf of the City of Lubbock. ",,. Passed by the City Council this 22nd day of July, 1971. f',F;i' /Or J. H.OMANBERRY, Js/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 71-30-291-776 Mr. Ken Hancock of Kerr Construction Company appeared before the City Council to request extensioi (8) of time to October 15, 1971, for placement of quadruple asphalt surface in Melonie Park, Lots 143-260, Phase 3. After consideration of all information presented, motion was made by Councilmai Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Baker and Turner voting Yea, none voting Nay, to authorize this extension of time to October 15, 1971, for placement of quadruple asphalt surface in Melonie Park, Lots 143-260, Phase 3, under terms of the following Paving Agreement and Performance Bond. PAVING AGREEMENT THE STATE OF TEXAS )E KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK )E WHEREAS, the City Council of the City of Lubbock, on July 22, 1971, granted to STATE SAVINGS AND LOAN ASSOCIATION OF LUBBOCK, TEXAS, as Owned and KERR CONSTRUCTION COMPANY, LUBBOCK, TEXAS, as Contractor, the right and privilege to extend until October 16, 1971, the deadline for the placement of quadruple asphalt surface on the streets within Melonie Park - Lots 143 thru 260, Lubbock, Texas, and; WHEREAS, the Owner and Contractor in consideration of the extension of time granted by the City do hereby agree as follows; 1. All asphalt surfacing or paving within the above addition shall be in accordance with the specifications established by the City of Lubbock. 2. The Owner through this Contractor or another Contractor shall be responsible for the maintenance and repairs of all paving placed under this agreement for a period of one (1) year from the date of placement and acceptance by the City of such surfacing. 3. The Owner and Contractor shall execute a bond in the amount of $94,495.88 in a form acceptable to the City which shall indemnify the City from any and all costs of maintenance and repair which may arise due to the failure of the Owner and Contractor to maintain and repair such paving within the one (1) year period. 4. The Owner and Contractor shall hold the City harmless from any and all claims which may arise out of or incidental to the repair or maintenance of EXECUTED THIS • t DAY OF AUGUST,• 71. Isl Mozelle Woodlock ATTEST: /s/ Johnnie L. Howell Secy-Treat OWNER: STATE SAVINGS AND LOAN ASSOCIATION OF LUBBOCK, BY­/s/ Roy A. Middleton CONTRACTOR: KERR CONSTRUCTION BY /s/ Ken Hancock V.P. ACCEPTED FOR THE CITY OF LUBBOCK BY /s/ Samuel W. Wahl San Wahl, Director of Public Works This document approved by the American Institute of Architects A. I. A. Document No. A-311 (1963 Edition) KNOW ALL MEN BY THESE PRESENTS: This Kerr Construction, Lubbock, Texas, as Principal, hereinafter called Contractor, and the MASSACHUSETTS BAY INSURANCE COMPANY a corporation duly organized under the laws of Common- wealth the laws of of , bound unto City of Lubbock,# four Thousand, Four Hundred Ninety-five and 88/100 Dollars ($94 495.88), for the pa nt whereof' Contractor and Sureties bind executors. • jointlyyme # severally, firmly by presents.#rs, successors and WHEREAS,• • by July . # 71, entered into contract with Owner • pavingwithin r Park, r 61accordance:part hereof, and is hereinafter referred to as the Contract. a ma drawings and specifications prepared by City of Lubbock, which contr ct is by reference de a NOW, THEREFORE, CONDITION OF THIS OBLIGATION force2nd faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full f The Sureties hereby waive notice of any alteration of extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in. default under the Contract, the Owner having performed Owner's obligations thereunder, the Sureties may promptly remedy the default or shall pomptly 1) Complete the Contract in accordance with its terms and conditions, or upon determination Obtain a bid or bids forsubmission Owner forcompletingy accordance with its terms # conditions,and upon determination ,r by # Sureties of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and made available as work progresses (even h there should be a default or a succession of defa Its under the • r • r • completion arranged under thisparagraph) sufficientufunds to pay the cost of completion less the balance of the contract price; but rexceeding, forthincluding other costs and damages for which the Sureties may be liable hereunder, the amount set paragraph -•"balance of the totalntract in this paragraph shall mean the • # • • # r #r # • • # contractr the # any amendments thereto, - amountproperly paid by owner to Contractor. Any •' bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of person or corporation rnamed •executors,administrators. or successorsof Owner. iigned and sealed this 29th day of July, 197177 FK,err Constructionrm, By /s/ Ken Hancock, V.P. John V. Shrophsire, Attorney -in -Fact 22 10 293 POWER OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That MASSACHUSETTS BAY INSURANCE COMPANY, a corporation i organized and existing under the laws of the Commonwealth of Massachusetts, does hereby constitute and appoint John V. Shropshire, John V. Shropshire, Jr. and/or Virginia Smith of Lubbock, Texas, and each is its true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledte and deliver for, and on its behalf, and as its act and deed, at any place within the United State, orr if the following line be filled in, only within the area therein designated.....and any and all j bonds, recognizances, undertakings, contracts of indamnity or other writings obligatory in the ;! nature thereof, as follows; i Any such obligations in the United States, not to exceed One Million and No/100 ($1,000,000-t1( Dollars in any single instance. ti And said Company hereby ratifies and confirms all and whatsoever said Attorneys) -in -fact may lawfully do in the premises by virtue of this presents. �i This-appointment,is made -under -and by authority of the following.Resolution passed by the l Board of Directors of said Company at a meeting held at the principal office of said Companyi j a quorum being present and voting, on the Thirty-first day of March, 1964, which resolution s j still in effect: h _ p "Resolved, that the President or any Vice President, in conjunction with any Secretary i or Assistant Secretary, be.and they are,hereby authorized -and empowered'to appoint Attorneys' in -fact of the Company, in its name and as its acts, to execute and acknowledge for 'and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach. thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact .shall,be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons." IN WITNESS WHEREOF, MASSACHUSETTS BAY -INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President and its Assistant Secretary, this 13th day of November, 1970. < MASSACHUSETTS BAY INSURANCE COMPANY /s/ James H. Roche Vice President /s/ J.-B. McWilliams Assistant Secretary NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL URNED FROM REGULAR MEETING, July 22, 1971. J . NBERRY, MA' ATTEST: r- _� j Lavenia.Lowe,.City Secretary -Treasurer READ AND APPROVED THIS 12TH DAY OF AUGUST, 1971. ATTEST: Lavenia we, City Sec tary-Treasurer i