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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/22/1970OCT 2 2 1970 77 F71 October 22, 1970 REGULAR CITY COUNCIL MEETING The City Council of the.City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeti place in the City Hall, the following members thereof being present, to -wit: Mayor J. H. Granberry and Councilmen Deaton Rigsby, Lonnie F. Hollingswirth, John E. Baker and Morris W. Turner,,City Manager W. R. Blackwell, City Attorney Fred 0. Senter, Jr., Assistant City Manager Robert Wilson, and City Secretary -Treasurer Lavenia Lowe. Absent: , None 70-29-351-824 The invocation was given by Wayne Sherrell, Director of Traffic. (1) 70-29-351-825 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chambei (2) 70-29-351-826 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (3) Granberry and Councilmen Rigsby, Hollingsworth,.Baker and Turner voting Yea, none voting Nay, to approve City Council Minutes - Regular Meeting held October 8, 1970. 70-29-351-827 Mr.. W. A. McNally appeared before the City Council to request a variance of Ordinance No. 4371, (7) Section 28-17, for a laydown curb at 1012 Avenue R. After consideration of all information presented, motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor Granberry and -Councilmen Rigsby, Hollingsworth, Baker and Turner :voting Yea, none voting Nay, to deny.this-'request. 70-29-351-829 (8a) Dr. George Jury appeared before the City Council and presented a recommendation of the Lubbock City -County Health Board concerning fees _for ,Health -Department services. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Council- man Rigsby;.motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea,none voting Nay,.to-pass Ordinance No. 5965 on first reading. *RDIN&NCE NO. 5965 I I # I 1 0 #* I # 111,10411=01101-0 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, E Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner,voting Yea, none voting Nay, to pass Ordinance No. 5966 on first reading. AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ..ENTITLED " HEALTH -AND SANITATION"', BY.AMENDING SECTION 15-12 THEREOF, GOVERNING FEES FOR CER- TIFICATES; AMENDING SECTION 15-50 GOVERNING SWIMMING POOL PERMITS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR. PUBLICATION. 70-29-351-830 Mr. Jan Fouts, Attorney, appeared before the City Council representing Mr. L. E. James, request- (11) ing payment for a'building and its contents located at 1905 5th.Street,.which was destroyed by the United States Corps of Engineers. This building was severely damaged by the May llth tornado. Mr. Fouts.stated that the records of this claim and of the request made as to the clearing of the lot by Mr. James, are correct as on file in the City Attorney s office. The City Attorney's office have in their files a request made by Mr.,James on,june 10, 1970, to the Corp of Engineers to demolish and remove said building from 1905 5th Street. They do not have any further.request from the owners...of,,this property rescinding the June 10 request. Aftez consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner'voting Yea, none voting Nay, -to deny this claim. 70-29-351-831 Mr. Jim Sexton, Chairman of the Lubbock,,Public Housing Authority Board, appeared be -fore the (11a) City Council and presented a request that preliminary requirements be approved for the purchase of additional public housing in Lubbock. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting -Yea, none voting Nay, �that the following Resolution be passed. RESOLUTION AUTHORIZING PUBLICATION OF THE INTENT TO ENTER INTO A COOPERATION AGREEMENT 'WITH THE HOUSING AUTHORITY OF,THE CITY OF LUBBOCK, TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS; The City Secretary is hereby authorized and directed to give notice of the intention of thetdity of Lubbock, Texas,to enter int6a Cooperation Agreement with the Housing Authority of the City of*Lubbock, Texas, by'twice publishing a copy of said;ndticelin the Lubbock Avalanche Journal which is the City's-officially designated newspaper.. WEW ap OCT 2 2 ISTO Said Notice shall state that at the expiration of sixty days from the date of the first publication, the City will consider the question of whether or not it will enter into a Coopera Agreement with the Housing Authority. The'City Secretary shall keep a copy of the Cooperation Agreement proposed available for inspection by the public at the office of the City Secretary during usual business hours. This Resolution shall take effect immediately. The motion to adopt said Resolution was made by Councilman Baker, seconded by Councilman Rigsby, and upon roll call the following voted: AYES,: Mayor'Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner NAYS: None Passed -by the City Council this 22nd day of October, 19,70. J. H. GRANBERRY, MAYY ATTEST: 40, 1; � Lavenia Lowe, City SeiretaryATreasurer APPROVED: Zsl Fred 0. Senter, Jr.. Fred 0. Senter, Jr., City Attorney, NOTICE OF INTENTION OF THE CITY OF LUBBOCK, TEXAS TO ENTER INTO A COOPERATION AGREEMENT WITH -THE HOUSING AUTHORITY Or, THE CITY OF LUBBOCK, TEXAS. Pursuant to a Resolution duly.adopted on October 22, 1970, by the City Council of Lubbock, Texas, Notice.is hereby given of the intention of the City of Lubback,,Texas, to enter into a Cooperation Agreement with the Housing Authority,of the City of Lubbock, Texas, and further; Notice ishereby given that at the expiration of sixty'.(60) days from the date of first publication- the City Council of the City of Lubbock, Texas, will consider the question of whether or not it will.enter into a Cooperation Agreement withtheHousing Authority of the City of Lubbock, .Texas. .-A copy of the proposed Cooperation Agreement'is available for the inspection of the public" at the off -ice of the City�.Secretary during business hours. This Notice is given and published pursuant to the Housing Cooperation Law of the State of Texas. Lavenia .1owe., City Secretary -Treasurer City of Lubbock, Texas 70-29-352-832 Motion was made by Councilman Baker., seconded by Councilman Turner, motion carried, Mayor Grai (12) .-and Councilmen Rigsby, Hollingsworth, Baker and,Turner voting Yea, none voting Nay, to pass Ordinance No. 5955 on second and,fina1reading. - 70-29­352-833 (13) AN APPROPRIATION ORDINANCE WHEREAS,,the City Counci.l.of the. City of -Lubbock ,finds it is riecessary to appropriate certain specific funds out Of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITYCOUNCILOF THE CITY OF LUBBOCK: There is hereby appropriated out.of the following described bond fund, to -wit: Sanitation T.r.a s h & Garbage Disposal Fundl The sum $270,108.00 For the. following purpose: Purchase sanitary landfill.equipment as follows: 1. Tractor front-end loader $ 45,036.00 2.. Crawler tractor, International TD257 78,000.00 3. Crawler tractor, International 250C 45,138.00 4. Landfill compactor 66,334.00 5. Mobil water tank 352600.00 $270,108-00 The City Council, considered Ordinance No. 5956 for passage on second reading. After discussion of the contents of said ordinance,,motion was made by Councilman Baker, seconded by Councilman Turner, that Ordinance No. 5956 be passed on second and final reading. This motion carried by the; following vote:..Councilmen Hollingsworth, Baker and Turner voting Yea, Mayor Granberry and Council- man Rigsby voting,Nay:. Councilman. .Turner requested the City Manager, W. R. Blackwell, to see that this ordinance is enforced without discrimination. ORDINANCE NO. 5956 1 AN ORDINANCE ADDING SUBDIVISION 2 . 1-26 TO CHAPTER 21, ARTICLE IV, ENTITLED SOLICITATION ON PUBLIC STREETS, OF THE LUBBOCK CITY 0 S -C C DE,:REIATING-TO PEDDLERS AND SOLICITORS, SO AS TO MAKE IT UNLAWFUL TO DISTRIBUTE OR SELL..ANY HANDBILL, POSTER, NEWSPAPER, FOOD, BEVERAGE, OR OTHER PRODUCTS V— A "^VTVXWg T A AYL, ^'n IM A 0,VT r, TrOrYM A DTTDT Tel Qrr10T?Vq1 OCT 2 2 1971 70-29-353-834 The City Council considered a -request that a stop sign be installed at the intersection of 63rd Drive and 67th Street. The following petition was received requesting this stop sign'.4, We the undersigned citizens do hereby request a stop sign at the intersection of 63rd Drive.and 67th Street due to the dangerous nature of this busy area for children and pedestri 1. Donald W. Andress 3721 63rd Drive 2. Stanley Zak 3506 63rd Drive 3. Nina Andress 3721 63rd Drive 4. Betty Jane Zak 3506 63rd Drive 5,..Mrs. Lloyd Garland 3508 6.3rd Drive 6. Lloyd Garland, M. D-. 3508 63rd Drive 7. Mrs, Medfred Weaver 3504 63rd Drive. 8. Medfred Weaver 3504 63rd Drive Thank you, Isl Stanley Zak, Mr. Wayne,Sherrell, Director of Traffic,:appeared before the.City Council and stated that the Traffic Department doesnot recommend a stop sign at,this location because the traffic at this location does not.warrant stop signs. After.consideration.of all information presented, motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to deny this request. 70-29-353-835 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (17) Mayor Granberry and Councilmen Rigsby, 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 MAYOR of the City of Lubbock BE and is hereby authorized and directed to execut for and on behalf.of-the City of Lubbock a Paving Release to Various Owners, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this 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 October, 1970. 1,AO 110 ATTEST: L4venia 1�6we, City Secretary-tr;asurer Zsl Fred 0. Senter, Jr., Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS I. J..H., MANBERRY, NA PAVING RELEASE WHEREAS, heretofore, on June 25, 1970, the City of Lubbock passed a Resolution being recorded in Volume 513, Page 1, of the.Deed of Trust Records of Lubbock,,County, Texas, such Resolution -containing a Declaration -by the City Council for the.nqcessity of street improvement And apportionment of costs for such improvements, and in such Resolution there were inclilded paving improvements for certain hereinafter described Paving Units; and,. WHEREAS, under such Paving Units, such improvements have created no lien or liens agains the property assessed pursuant to said Paving Units, by reason of the fact that such paving improvements have been deleted from the stated paving program, and there is no immediate plan of making the street improvements upon the.s-tree ' ts under said Paving Units, and it is expedient to remove the cloud and apparent lien placed upon the title of property abutting the streets as aforementioned; NOW THEREFORE: KNOW ALLMENBY THESE PRESENTS: I .. THAT the City of Lubbock, acting by and through its duly authorized Mayor, in considera- tion of the premises, do hereby and by these presents, RELEASE, RELINQUISH AND FOREVER QUIT CLAIM to the owner or owners their heirs, administrators, executors and assigns, all right, title and interest the City of Lubbock may'have' in and 'to*ail these lots,, tracts or parcels,•of land being situated in the City of Lubbock, Lubbock County, Texas, and being further described as follows; to -wit; Unit No. Street From 2216-1 West Half Vicksburg Avenue 56th Street 2216-2 East Half Utica Avenue 56th Street 2216-3 North Half 56th Street Vicksburg Avenue 2217-2 South Half 58th Street Vicksburg Avenue To 58th Street 58th Street Utica Avenue Utica Avenue -M This release affects only the property hereinabove describ ed and in no way affects any property or liens not specifically described herein, and all liens and apparent liens against 4 EXECUTED this 22nd day of October, 1970.. CITY OF J. H. VMNBERRY, MAYO I ATTEST: Lavenia Lowe,' City Secretary- easurer 70-29-354-836 Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberry (18) and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the U following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered -into contract with T. J.:Hodges, Inc., G.W.0..2993, for the making and construction of alley improvements on portions of numerous alleys in said City including among others the following: The North -South alley West of Waco Avenue from its intersection with a line 11.00 feet North of the South Property Line of Auburn Street to its intersection with a line 14.00 feet South of the North Property Line of lst Street known and designated as Sub -Unit Number 1 of Unit Number A-400. The North -South and East-West alley between Lynnhaven and Louisville Drives from its inter- section with the East Property,Line of Memphis Avenue to its intersection with the West Property Line of Louisville Drive and from its intersection with the East-West alley South of 61st Street to its intersection with .the North Property -Line of 62nd Drive known and designated as Sub -Unit Number 12 of Unit Number A-400. The East-West alley between 24th and 25th Streets and from its intersection with a line 9.00, feet West of the East Property Line of Flint Avenue.to its intersection with a line 9.00 feet East of the West Property Line of Elgin Avenue known and designated as Sub -Unit Number, 14 of Unit Number A-400. The East-West alley between 21st and 22nd Streets and from its intersection with a line 12.00 feet West of the East Property Line of Flint Avenue to its intersection with a line 10.00 -feet East of the West Property Line of Elgin Avenue known and designated as Sub -Unit Number 15 of Unit Number A-400. AND WHEREAS, the improvements upon the said portions of.the abovementioned alleys have beeni" inspected and found to have been constructed in accordance with terms of said contract G.W.O. 2993 THEREFORE, BE IT RESOLVED BY THE CITY OF" LUBBOCK, TEXAS: That the improvements on said portions of the abovementioned alleys be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary -be, and they are hereby instructed to execute and deliver[ certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys listed above and against the owners of such property in accordancei with law and'in the manner provided in said contract, and .the proceedings with reference to said improvements and assessments where such assessments were levied. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF OCTOBER,'.1970. �i J. NBERRY, ATTEST: 1. r Lavenia Lowe, City Secretary -Treasurer '. APPROVED: /s/ Wilford D. Watson, Wilford D. Watson, City Engineer is c APPROVED: /s/ Fred 0. Senter, Jr.'i Fred 0. Senter, Jr.,City Attorney M OCT 2 2 1970 October 22, 1970 Honorable Mayor and City Council Lubbock, Texas Gentlemen: . I have examined the paving improvements constructed by T. J. Hodges, Inc., paving contractor, under his contract dated April 9, 1970, designated as G.W.O. 2993 and find the improvements on the N-S alley West of Waco Avenue from Auburn Street to lst Street., the N-S and R-W alley between Lyn.nhaven Drive and Louisville Drive and from 61st Street to 62nd Drive, the E-w alley between 24th Street and 25th Street and from Flint Avenue to Elgin Avenue,; -the E-W alley between 21s,t Street and 22nd Street and From Flint Avenue to Elgin Avenue as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said alleys, authorizing payment to the contractor the amount shown on the attached consolidated final estimate sheet as due him by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, Isl Wilford D. Watson Wilford D. Watson City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 2993 Accepted October 22, 1970 2UANTITIES S.Y. Unit & Conc. Alley L.F. Sub -Unit Location Paving C & G A-400-1 The North -South alley West of Waco Avenue from Ill North of the SPL of Auburn Street to 141 South of the NFL of 1st Street 677.78 A-400-12 The North -South & East-West alley between Lynnhaven & Louisville Drives from the EPL of,Memphis Avenue to the WPL of Louisville Drive and from the East-West alley South of 61st Street to the NPL of 62nd Drive 1726.33 A-400-14 The East-West alley between 24th and 25th Streets and from 9' West of the EPL of Flint Avenue to 91 East of the WPL of Elgin Avenue 689.61 62.00 A-400-15 The East-West alley between.21st. and 22nd Street and from 12' West of the EPL of.FlintAvenue to 10-' East of the WPL of Elgin Avenue 693.11 77.30 TOTAL 3786.83 139.30. COST ESTIMATE 3786.83 S.Y. Alley Paving @$7.96 $30,143.17 139.30 L.F4.Curb & Gutter @$2.90 403.97 CONTRACT COST $30,547.14 COST DISTRIBUTION Property City Unit & Contract Owner to Sub -Unit cost Cost Contractor A-400-1 5,395.13 5,224.60 170.53 A-400-12 13,741.59 6,878.00 6,863.59 A-400-14 .5.,669.09 2,878.38 2,790.71 A-400-15 52741.33 2,902.56. 2,838.77 TOTALS $30,547.14 $17,883.54 $12,665.60 70-29-355-837 Motion was made by Councilman Holingsworth, seconded by Councilman Rigsby, motion carried, (19) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREET AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with�the paving requirement provisions of City Ordinance 1331, the subdivider of Lots E, F and G, SouthUniversity Addition, made arrangements with The Trinil i A i The East k of University Avenue from its intersection with a line 15.00 feet South of the1�, South Property Line of 70th Street to its intersection with a line 349.76 feet South of 1i the South Property Line of 70th Street known and designated as New Subdivision Unit Numbel 1823. The South k of 70th Street from its intersection with a:line 17.00 feet West of the East Property Line of University Avenue to its intersection with the East Lot Line of Tract G,i: 1 South University Addition known and designated as New Subdivision Unit Number 1824. AND WHEREAS, the construction of the aboveimprovements on -the abovementioned streets was; i 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 accordance with City specification and. -in accordance with the provisions of City. Ordinafice 1331,; THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. - That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of i the City's-portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS­'22ND DAY OF OCTOBER, 1970. J. H. 01" ATTEST- Laven:(af Lowe, 'b"ilyw-fjci-e-t'Afv-Treasurer is APPROVED: jsj Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney. October 22, 1970 Honorable Mayor and City Council Lubbock, Texas Gentlemen: I have examined the paving improvements.constructed by The Trinity Company, paving contractor, under their contract with the sbudividers of Lots E, F and G, South University Additl and find the improvements on the East k of University Avenue from 70th Street to 349.76 feet South of 70th Street; the South i of 70th Street from University Avenue to the East Lot Line of I Tract G. South University Addition as listed on the final estimate sheet to have been completed 1! in accordance,with the plans and specifications and recommend that you accept the improvements on said streets and/or avenues, 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, 1,sl, Wilford D. Watson Wilford D. Watson City Engineer CONSOLIDATED FINAL ESTIMATE SOUTH.UNIVERSITY ADDITION Accepted October 22, 1970, QUANTITIES S.Y. L.F. S.X. St. S.Y. Alley S.Y.Pa7ing L.P. 1' Unit& Paving Reinf L.F. Stub- Return Adjust- C & G Sub -Unit Location, 9" Base C & G C & G Removal Removal went Removal?': NS 1823 The East 12 of University Avenue from 15' South of the SPL of 70th Street to 349.76' South of,the SPL of 70th Street 757.81 80.20 269.56 NS 1824 The South 2 of 70th Street from 17' West of the EPL of University Avenue to the East Lot Line of.Tract G, South University Addis OCT 2 2 1970 COST ESTIMATE 757.81 S.Y. Paving 9" Base' @ $2.50 ..$1,894.53, 412.26 L.F. Curb & Gutter @ $2.00-ii 824.52 80.20 L.F. Reinforced Curb,&:Gutter @ $2.25 180.45 39.53 S.Y. Alley Return Remval @ $2.00 79.06 o . 130.76 S.Y. Street Stub Removal @ $0.-50 65..38 21.28 S.Y. Paving Adjustment @ $2.50 53.20 126.30 L.F. Curb & Gutter Removal @.$1.00 126.30 CONTRACT COST $3,223.44, COST DISTRIBUTION. Developer Escrow,' Unit & Contract To be Sub -Unit Cost Released NS 1823 $2,614.10 NS 1824 609.34 TOTALS $3,223.44 $3,680.99 70-29-357-838 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, (20) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 5967 on first reading. ORDINANCE NO. 5967 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE -IT ORDAINED BY THE CITY COUNCIL OF THE.,CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement The sum $10,000.00 For the following purpose: City cost of construction and 5% engine.ering on new subdivision paving for 1971. New appropriation to be written when these funds have,been,depleted. 70­29r-357-839 Motion was made by Councilman Baker; seconded,by Councilman Rigsby, motion carried, Mayor (22) Granberry and Councilmen Rigsby, HollingswoKth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 5968 on first reading. ORDINANCE NO. 5968 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 $399,736.35 For the following purpose: Construction of Pump $tation-#$-and 5 Million Gallon Reservoir on East 66th Street and Loop 289. Construction Contract $347,987.00 5% Contingencies 18,749.35 Testing and Quality Control 6,000.00 $399,736.35 70-29-357-840 (23) Motion was made by.Councilman:Rigsby, seconded by.,Councilman B ' aker, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 5969 as, an emergency measure.... ORDINANCE NO. 5969 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate .certain specific funds out of bond funds for an approved project, and this ordinance deals wit the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanit Sewer Bond Fund The sum $708.14 north of -Fbr�the following purpose: Construct-san3,tary.line-ahead of.paving Toledo Avenue nor 70-29-358-841 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayo: 9 (24) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution•be passed. RESOLUTION BE IT�kESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ''THAT the Mayor of the City of Ldbbock*be and is herebyauthorizedand directed to execute for andon-behalf of the City of Lubbock a Dedication Deed in favor of the public, attached here with which shall be spread upon the minutes of the Council and as spread upon the minutes of thi 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 October, 1970. J. H. NBERRY, MAX ATTEST: 'OOV4, Amu Lavenia Lowe, City Se6ietary-tTreasurer APPROVED: Is/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home -Rule Municipality -in -the County of Lubbock, State of Texas, for and in consideration of ONE AND NO11OO DOLLARS ($1.00) and benefit to the abutting property does hereby dedicate to the public for public use forever for alley purposes the follow ing described land situated in Lubbock County, Texas, as more particularly described as follows, to -wit: TRACT I BEGINNING at a point which is 142.50 feet west and 25.00 feet north of the southeast corner of Block 1, Tract 4, H. W. Stanton Subdivision, an Addition to the City of Lubb Lubbock County; unty,* Texas, -same being 7.375-feet north and 5.00 feet east of th.e.Southwest corner of Lot,20, Ithica Addition; THENCE West a distance of 5.00 feet; THENCE North a distance of 422.25'feet; THENCE -East a distance .of 5.00 feet; THENCE South a distance of 422.25 feet to the PLACE OF BEGINNING. TRACT 2 BEGINNING at a point which is 142.50 feet west of the northeast corner of Block 1, Tract 4, H. W. StantonSubdivision; THENCE South a distance of 139.75 feet; THENCE West a distance of.5.'50 feet; THENCE North a distance of 49.75 feet; THENCE West a distance of 10,00 feet; THENCE North a distance of 90.00 feet; THENCE East -a distance of 15'.50 feet to the PLACE OF -BEGINNING. TO HAVE AND TO HOLD­thb,Abqv6 described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public alley purposes. WITNESS MY HAND this 22nd day of October, 1970. CITY OF L K J. -STANBOERRY MAY ATTEST: Lavenia a,1y—SeWie- Fa_-r—f Treasurer 443it 70-29-358-842 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, E (24a) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, L-J t1luvlz 09 OCT 2 2 01 M 77, RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Dedication Deed in favor of the public, attached heri with 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 October, 1970. J. Ho ATTEST: �Pwhrzwv': Lavenia'towe,, City SelEretar*Treasurer APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney DEDICATION DEED THE STATE OF"TMS KNOW ALL MN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF'LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Tdxas, for and in consideration of ONE AND N.01100 DOLLARS ($1.00) and benefit to the abutting property does hereby dedicate to the public u.9e.forever for street purposes the following described land situated in Lubbock County, Texas, as more.particularly described as follows, to -wit: BEGINNING at a point -which is*147.50 feet -West and 17.625 feet North of the Southeast Corner of Block 1, Tract 4, H. W. Stanton Subdivision, an Addition to the City of Lubboc Lubbock County, Texas, same being the Southoest Corner of Lot 20,. Ithica Addition; THENCE North a distance of 7.375 feet; THENCE East -a distance of 72-50 feet.to a point of curvature; THENCE around curve to tha-left having a radius of 15.00 feet, angle of intersection of 90 degrees and curve distance of 23.56 feet to a point of tangency; THENCE.North a distance of 585,00 feetto a point of curvature; THENCE around a curve to the left having a radius of 15.00 feet, tangent lengths of 15.00 feet, angle of -intersection of,90 degrees and a curve distance of 23.56 feet to a point of tangency in the'South right-of-way line of 22nd Place; THENCE East a distance of 75.00!to the Northeast Corner of Block 1, Tract 4, H. W. Stan- -t6h Addition; THENCE South a distance of 622.375 feet; THENCE West -a distance of 147.50 feet to the PLACE OF BEGINNING. TO.HAVE AND TO HOLD the above described premises, together with all and si;:Rular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public street purposes. WITNESS MY HAND this 22nd day of October, 1970. CITY'0€ OCK GRANB OR ATTEST: LaveniafLowe, City_Secreta-Treasurer.,_. 70-29-359-843 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (26) Granberry and Councilmen Rigsby',.'.Hbllingsworth, Bakdr.--and Turner.vo,ting Yea, none voting Nay, to pass Ordinance No. 5970 on first reading. ORDINANCE NO. 5970 AN APPROPRIATION ORDINANCE WHEREAS, the City Council bf the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; [I ) NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY-OF-LUBBOCK: OCT 2 2 1910 70-29-360.-844.. (27) 70-29-360-845 (28) 70-29-360-846 (29) 70-29-360,847 (30) There is hereby appropriated out of the following described bond fund, to -wit: Street J Lighting Bond Fund; The Sum $105,000.00 For the following purpose: Thoroughfare street lighting for the following streets: Slide,Rd.- 5.0th St to Loop-289 So. $ 25,000.00 Avenue Q 3rd St. to 19th St. 25,000.00 Avenue A 46th St. to Traffic Circle- 35,000-00 50th St. Indiana Ave. to Slide (2 miles south side only) 20,000.00 TOTAL $105,000.00 Motion} was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Granberry.and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 5971 on first reading. asmmz��� AN ORDINANCE DEFINING AND PRESCRIBING THE GENERAL SERVICE RATE APPLICABLE TO THE SALE (Z NATURAL GAS AND NATURAL GAS SERVICE BY PIONEER NATURAL GAS COMPANY TO ITS CUSTOMERS WHO USE NATURAL GAS WITHIN THE CITY LIMITS OF THE CITY OF LUBBOCK. Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to reappoint Jack Kastman and to appoint Gary Barrett to replace Mrs. John A. Anderson and to appoint Garnet Reeves, Jr., to replace W. P. Clements as members of the Planning and Zoning Commission. These terms are for three years and will expire November 16, 1973. Motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Gran- berry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to appoint Isidro Berlanga to replace Jack Gualding, Ed Winton to replace Rev. Stephen Keogh, Mrs, Betty Anderson to replace Dr. Jim Webb, and re -appoint Jim Price and Joe Boerner, Jr., as mem- bers of the Urban Renewal Agency. These terms are for two years and will expire November 16, 1972. The City Council considered the.claim. of Mrs. Jerrie Powell for property damage. After considera- tion of all information presentecl,..mption.was made by CouncilmanHollingsworth, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to deny this claim for property,,, damage. The City Council considered the claim of Sgt. C. Gregg Danielson for property damage. After Consideration-of,all information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Bakerl and Turner voting Yea, none voting Nay,.to deny this claim for property damage. 70-29-360-849 Motion was made by Councilman Turner, seconded by Councilman Baker, motion carried, Mayor Gran- (32) berry and GouncilmenRigsby, Holling8worth,,Baker and Turnervoting Yea, none voting Nay, that the following Resolution be passed. ;RESOLUTION 70-29-360-8q7' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a CONTRACT between the City and W. D. Turner Constructil Company, Inc. for construction of Employee -Parking Lot at the Lubbock Regional Airport attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this.Council.-shall constitute and be a -part -of this.Resoluti.on as if fully copied herein in detail. Passed by the City Council this.22nd day of October, 1970. H.'�MNBERRY,. MA 10% ATTEST: 4 1 41, Lavenia Lowe, City Secretary -Treasurer APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 'SEE CONTRACT IN AIRPORT FILE UNDER PARKING. Motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carrieds V Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RES.OLUTION WE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf -of the City of',Lubbock...4CONTRACT -between t-heCity and Ed Lampe Building Contractors, Inc. for construction of a City Service center for the City of Lubbock attached Passed by the City Council this 22nd day,of October, 1970. J. lt�. GRANBERRY, OR ATTEST; Eavenia'X_owe, _City _ SbEfe-M-Treasurer APPROVED: jsj Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney SEE CONTRACT IN CONTRACT FILE UNDER GARAGE. 70-29-361-851 The City Council considered an ordinance for passage on first reading authorizing the adoption (35) of a 3% hotel -motel occupancy tax. Councilman Turner suggested that a.2%ltax be imposed. Councilman Rigsby also stated his preference for a 2% tax. Motion was made by Councilman Rigsby, seconded by Councilman Baker, that Ordinance No. 5972 bepassed on first reading to impose a 2% Hotel-Motel.Occupancy Tax. -This motion carried by the following vote: Mayor Granberry and Councilmen Rigsby, Baker and,Turner voting Yea, Councilman Hollingsworth voting Nay. ORDINANCE NO. 5972 AN ORDINANCE AMENDING CHAPTER 30.OF THE CODE OF .ORDINANCES OF THE CITY OF LUBBOCK, TEXA_� BY ADDING THERETO A NEW ARTICLE TO BE KNOWN AS ARTICLE II, ENTITLED "HOTEL OCCUPANCY TAX"; PRO VIDING FOR THE ASSESSMENT AND COLLECTION,OF A-HOTELOCCUPANCY TAX; -PROVIDING FOR EXEMPTIONS; PROVIDING FOR COLLECTION AND REPORTS CONCERNING THE TAX; PROVIDING FOR THE MAKING OF RULES AND REGULATIONS BE THE TAX ASSESSOR COLLECTOR; -PROVIDING -FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 70-29-361-852 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, (36) Mayor Granberry and Councilmen Rigsby, 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 Mayor of the City of Lubbock be and,.is hereby authorized and directed to enter into an agreement for and on behalf of the City of Lubbock.,with Arnold Thompson Associates, Inc., for consulting.services at Lubbock Municipal Airport,.attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution.as if fully copied herein in detail. Passed by the City Council this 22nd day of October, 1970., J. GRANBERRY, OR ATTEST* LaveniMtW, I.Ey '9`eli_eqa y-Treasurer 4 CONSULTING AGREEMENT FOR ANEW TERMINAL COh?!LEX;.1UBBOCK MUNIC IPAL.' AIRPORT. THE STATE OF TEXAS KNOW ALL .MEN.BY THESE PRESENTS: COUNTY OF LUBBOCK THIS AGREEMENT entered..into between the City of Lubb.ock-.hereinafter called "City" and -.Arnold Thompson Associates,.Inc., hereinafter called "Consultant'.'. WITNESSETH: WHEREAS, the City of Lubbock desires to secure,the professionalservicesof Arnold Thompson Associates, Inc., in connection with the planning and construction of a new terminal complex to be located at Lubbock Municipal Airport upon the following terms and conditions: Where applicable, the Consultant will take into consideration, but will not duplicate or supple- ment, material, data, and forecasts asset forth in the 1969-West Texas Air Terminal Master Plan report. After a review of this report, and if it is deemed necessary by the Consultant,' new forecasts will be developed as required for undertaking the services set forth below. Item I Air Trade Analysis In order to provide a sound basis for reviewing and updating the existing Airport Master Plan (Item III) and for the development of terminal.buildinglcqmplex requirements (Item IV), the Consultant will review the above report, an&where-applicable, update the report with the latest available exonomic/population and, air trade characteristics of the Greater Lubbock Area In reviewing and updating the 1969 West Texas Air Terminal Master Plan report, attention will be given to: M Im A. Population,`business, and commercial trends in order to determine their affect on future volumes of aviation activity, and the relationship of this activity to the new terminal building complex requirements and the updating of the existing Master Plan. B. Type, frequency, and composition of scheduled airline service -which may be anticipated a which will affect the new terminal building complex requirements as well as the overall airport planning requirements. C. ": General �', aviation ,,:Ac tivit.y.:iqithihf:, th6-,,air.-.trade,� area, sand the affect of such activity on terminal building requirements and on overall airport planning requirements. Item II - Air Trade Forecasts Based upon the above Air Trade Analysis (Item 1), the Consultant, where applicable, will use existing and/or new forecasts.of.potential air traffic activity for the next twenty (20) years (through 1990). A. Activities to be forecast will include: 1. Enplaned passenger volumes. 2. Typical peak -hour passenger volumes. 3. Aircraft departures. 4. Enplaned cargo volumes. S. Enplaned mail volumes. 6. General aviation activity. 7. Automobile parking lot requirements. aI 8. others, as required. Item III Review and Update Existing Airport Master Plan Based upon Items -I and 11 above," the Consultant will provide the Cityi if required, with a revise and updated Airooft'Ma§ter-Plan which will be capable of being translated by',the City into an 1, FAA Airport Layout Plan. In connection with the revised and updated Master Plan, the Consultantl! Will: A. Set forth in typewritten, narrative form a critique .of the existing Airport Master Plan it and specific recommendations as to any additions or changes. B. Consider the latest FAA planning standards. C. Give special consideration and attention to the proper location of a new terminal buildini site.--thventories will be made of possible terminal building sites on the Airport, and, from these inventories, the Consultant will set forth the advantages and disadvantages ofl� eachsite aftd'wi set forth its recommendations. ' The'revised and updated Master Plan, if required; .will be set forth'in stages of suggested development in order that the City can logically implement each stage of the plan as air trafficl activity warrants. Item -IV - Terminal Building Complex Requirements Using the air trade analysis and the forecasts developed under Items I and II, above, a new terminal building complex requirements program will be developed. This program will be set forth in such a manner that it can be used as a .,guide by the City and/or its representatives in developing a new terminal building complex'which'wii'l require 1),general schematic drawings; 2) J; schematic flow diagrams for passengers, baggage, and vehicular ground transportation; 3)schematic staged -terminal area�­cdmplex plafi;And.4) schematic ultimate terminal building concept plans. A. In formulating the terminal building complex requirements, consideration will be given toil a balance of airfield landing capacity as it relates to.the development of the terminal building complex. B. To determine the extent of required development of the new terminal building complex, an abbreviated peak -period survey relating to passenger boardings, apron utilization, air- craft gate occupancy', parking lot.usage-,3auto rental services,.curb utilization, etc., will be undertaken at the existing terminal by the Consultant, with assistance from the City of Lubbock: C. Requests.for present and future space requirements of existing and potential terminal , building users will be obtained. through user inquiries. The Consultant will analyze these space requests and evaluate the present and proposdd future allocations and the relative.positioning of space users to achieve maximum func- tional -efficiency within-the�new terminal building. D. Based upon the above studies, analyses,,and investigations,,.tfie Consultant will prepare an area allocation program. This program will generally include the following: Airlines .,Ticket Counters Operation Areas Passenger Concourses Cargo Concessions Restaurant/Coffee Shop 010T 2 2 1970 Conveniences Public Lounge Rest Rooms Janitor ..Closets Communications Equipment Other Spaces, Airport Management Conference Rooms Observation Deck Rental Offices Mechanical and Circulation At the City's discretion,.the Consultant will review the schematic drawings, as set forth above, to determine that such drawings meet current FAA standards regarding aircraft maneuver- ability within the terminal building.complex., If directed by the.City, the Consultant will review schematic c drawings provided by the City and/or others to insure that the functional aspects of such drawings conform to the terminal building complex,requirements as set forth under Item.IV: Item V - Airline Negotiations In order to ptovidez sound basis for assisting the City in negotiating airline user agreement .-for the use of existing airport facilities, the Consultant will undertake the following servic A. Prepare a traffic and earnings report for the Lubbock Municipal Airport which will detez mine the necessary rates and charges (airfield and terminal building area) that will be required from the airlines.on a short-term basis ' :or until the new terminal building complex is completed. This report will take into consideration, but will not necessaril be limited to, the following historical and projected items for each cost area: 1-. .-. 'Cash Income Rentals� (space and grounds) Concessions Landing Fees Food Service Fuel Fees Paid Parking Ground Transportation Rent-A-Car others, as required 2. Cash Exgenses (allocated as required) Salaries Supplies Utilities Maintenance and repair -Administrative Crash/Fire Others, as required.. 3. Non -Cash Expenses Depreciation (fixed assets and equipment) Interest on land Existing and future debt service Others, as required. The traffic And earningsreport will be set forth in such a -manner that it can be used as a basic guide in determining rates and.,charges required from�the airlines to meet maintenance andoperational costs and,long-ter-m debt services resulting from thedevelopment of new termi building facilities.- B. The projected financial information, as set forth in the traffic and earnings report, will be based up-on.the above Items I and II .(Air Trade tAna-I)rsis and Air Trade Forecast C. Recommend a policy and schedule of procedures to be used by the City as a basis for the actual negotiations with, -,the airlines. 'D. Provide "working drafts" of lease documents and supportive data (traffic and earnings report) that can be used by the City as part of the actual negotiations. E.a­, Assist with and participate in the airline negotiations. Item VI - Production Time, Fee and General Conditions A. 'Information by Others. Where applicable,, the City will furnish the Consultant with existing plans, studies, economic data and related statistics, as well as other availab e basic data which may be required by the Consultant in furnishing the services set forth in Items I through V. In the event that special topographic and elevation surveys, soil borings and similar analyses are required, .they will 'be furnished by or through the Cite. B. Local Codes. The City and/or its agent will have the responsibility for verifying any OCT 2 2 197e C. Coordination. During the course of the study, the Consultant will maintain continuing, coordination with the City, with Federal and State agencies, and with others as so) designated by the City,1. D. Client Representation. To expedite the undertakings of this project, and to permit the correlation of materials, plans, commitments, and correspondence, the City shall designap a specific staff member as its representative, to whom all correspondence, materials, plans, requests for conferences, and other similar, data will be directed. E. Production Schedule. The production schedule for undertaking the work as set forth in Items I through V is at the discretion of the Consultant, but the Consultant will keep the City fully informed as to the progress of the.workand will attempt to coordinate all visits to the area to include any special conferences or meetings desired by the City. If special conferences cannot be coordinated with regular trips to the area, they will be rendered on a cost of time and travel basis, in accordance with the Schedule of Fees set forth in1temVI, Paragraph H. F. Preliminary Rej2ort.,For services set forth in Items Lthrough IV, the Consultant will i file a preliminary report with the City within 180 days from the date of signing this proposal. A preliminary report for Item V, Paragraph A,will'be filed within 90 days after authorization to proceed. The 180-day and 90-day-preliminary reports will be madel by a personal appearance, of the Consultant's representative before the City. G. Final Report. The final report for items I through..IV will be -submitted to the City with-,� in 60 days after the preliminary conference (Item VI, Paragraph E). The final report under Item V, Paragraph A will be submitted within 3,0 days, after the preliminary confer ence. All repotts,lease documents, and so forth, under..Item,V will be submitted to - the City in typewritten, narrative form. All reports become the property of the City for its use and reproduction. H. Consideration. The cost of the services.provided will.be on a time and expense basis. 1, Time is charged only for that used actually on this project, including necessary travel time. Subsistence will be billed at actual expense incurred, not to exceed $35.00 per i, day outside the office. out-of-pocket expenses will be billed at cost of transportationlll� long-distance telephone, telegraph, photography and reproduction work. Travel would be �, from White Plains, New York and/or San Francisco, California, with air fare prorated on, trips to more than one clientwhen..possible.- The number of trips from these two points 1�, shall not exceed 12 unless express authorization is given by the Mayor of the City. A schedule of Consultant's fees is as follows: Principals $40/hour or $320/day Senior Associates $35/hour or $280/day Associates $30/hour or $240/day Senior Consultants $25/hour Senior Analysts/Planners $17/hour Analysts/Planners $14/hour Report Cbordinator$ 9/hour I. Fee Limit. The total fee, other than printing of the final report, to be paid the Consultant for providing the services described in items I through V, shall not exceed Fifty Thousand Dollars ($50,000.00). The cost of printing the final report will be considered a separate billable item. J. Arnold Thompson Associates, Inc., will work as,.airport consultants to assist the City in Coordinating all aspects of improvement and development of the airport. Such work, other than that set forth in this proposal, will be on an individual assign- ment basis, and will conform to the fee schedule set forth in Item VI, Paragraph H. The Consultant shall not transfer or assign this contract without the express written consent of the City. The Consultant agrees to Indemnify and hold harmlejss the city, its agents and employees from any and all losses or claims for damages arising,but-of injury to persons or property which mays arise out -of the performance of'this c. .contract in the.event litigation should arise out of any claims, the Consultant shall defend the same at,no expense tQ. the City. This agreement may be terminated by either party upon written notice to the other party. In the eVentof termination, -the Consultant shall'be paid his compensation for service performed. to termination date, including reimbursable expenses then due. EXECUTED THIS 22ND DAY OF OCTOBER, 1970, K, TEXAS THE C UBBOC C UBBOCK, TEXAS 0 I RA J. H. �GRANBERRY, ATTEST: LavenICA Lowe, City Secrethr-y-Treasurer APPROVED: �-:ARNOLD THOMPSON ASSOCIATES, INC. ./s'/ Fred 0. Senter, Jr.'A. J. PARRY, VICE PRESIDENT Fred O. Senter, Jr., City Attorney OCT 2 2 1970 70-29-365-853 (37) 11 -,­: 70-29-365-854 (21) 70-29-365-855 (38) Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried,q,, Mayor Granberry and Councilmen Rigsby, Hollingsworth,,Baker and Turner voting Yea, none votin Nay, to pass Ordinance No. 5973 on first reading. ORDINANCE NO. 5973 AN ORDINANCE.ANENDING CHAPTER 14 OF THE.CQDE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "GARBAGE, TRASH, WEEDS AND BRUSH," BY AMENDING SECTION 14-3 THEREOF PROVIDING FOR GARBAGE CONTAINERS; ADDING THERETO A NEW-SECTION'L4-3.1.GOVERNING ILLEGAL CONTAINERS; AMENDIN SECTION 14-4 THEREOF GOVERNING THE KEEPING OF GARBAGE CONTAINERS; AMENDING SECTION 14-5 .GOVERNING:REMOVAL OF,CONTAINERS;,AMENDING,SECTION 14.-6GOVERNING PLACEMENT OF CONTAINERS; ADDING A NEW SECTION 14-7.,1,GOVERNING.OBSTRUCTION OF CONTAINERS; ADDING A NEW SECTION 14-7.2 GOVERNING RATES FOR EXTRA PICK-UPS; AMENDING SECTION 14-9 GOVERNING LIQUID IN GARBAGE; AMENDI] SECTION 14-10 GOVERNING REMOVAL OF TREES AND LIMBS; AMENDING ' SECTION-14-11 GOVERNING OWNER'S REMOVAL OF CERTAIN ITEMS; AMENDING SECTION 14-12 GOVERNING DISPOSITION OF MANURE AND WASTE OILS; AMENDING SECTION 14-13 GOVERNING REMOVAL OF DIRT AND.MIS-CELLANEOUS MATERIAL; AMENDING SECTION 14-15 GOVERNING.DISPOSITION OF HEAVY -REFUSE AND INDUSTRIAL WASTE; AMENDING SECTION 14-16 GOVERNING REMOVAL OF BOXES AND CARTONS; AMENDING SECTION 14- ' 17 GOVERNING REMOVAL OF DEA] ANIMALS; AMENDING SECTION 14-25 GOVERNING REMOVAL OF GARBAGE FROM DISPOSAL SITE OR ALLEY; ADDING A NEW SECTION 14-30 PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made -by Councilman Hollingsworth,.seconded,by Councilman Baker, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize final payment in -the -amount -of $1,374.78 fo,z Wayne:,B. Smith Company and the American National Bank Of AmArilho for relocating railroad track at Water Treatment Plant, .W.W.0..11449.. The contract costwas$10,563.80.and the final -cost was $10,162.20. September 7, 1970 Parkhill, Smith & Cooper,,Inc. Consulting E ngineers 201 Avenue R Lubbock, Texas 79415 Re: Railroad Siding Lubbock Water Treatment Plant 'Gentlemen: This is to certify that all bills for labor, materials and incidentals incurred in the constr Lion of the-Rai1road--Siding for,the.,City of Lubbock, Texas,.,.have,been paid in full, and there are no claims pending'. Sincerely, WAYNE B. SMITH COMPANY BY Wayne B. Smith, Contractor Subscribed and'sworn to before me this 8th day of October, 1970 /s/-Jack E. Bryant Notary Public My Commission Expires: 6-1-71 October 21, 1970 Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On October 20, 1970,.I inspected.the:Ra ' ilroad Siding at the Water -Treatment Plant constructed by Wayne B. Smith,Company, under contract dated May 20., 1970, and.found said improvements to have been completed in accordance with the plans and specifications. Therefore,*I recommend thatyouaccept said improvements and aut4orize,final payment to the contractor.,, Yours very truly, sl Wilford D. Watson Wilford D. Watson City Engineer The following bids were received for the purchase of miscellaneous electric items for warehous stock, being Bid No. 1319. 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,Counctlmq.n Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to.,,accept the -bid of'.Nunn Elec"t,ric,Supply Corp. for the purchase of Items 1 and 4; accept the bid of Nelson Electric Supply Company for the purcha of Items 2 and 5; accept the bid of General Electric Supply Co. for the Ourchast of Items 3 an M UTLrE K, CC 70-29"366-856 The following bids were received for the purchase of collator with stapler and folder for Print (39) Shop, being Bid No. 1330. Bid Tabulation set in Bid Book. 70-29-366-857 (40) 70-29-366-858 (34) 70-29-366-859, (31) After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded b Councilman Rigsby, motion carried, Mayor,';Granl5erry and Councilmen Rigsby, Hollingsworth, Baker 1; and Turner voting Yea, none voting Nay, to accept the bid of Pitney -Bowes, Inc., for the purchase .of'a collator with-staplbr and folder for the Print Shop. - The. following bids -were -received for the purchase of:copper service.pipe 5000 feet of 3/4" and 100D feet of l".fo"t warehouse stock, being Bid No. 1340. Bid Tabulation set in -Bid Book. After consi*deration`of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Baket� motion carried, Mayor Granberry and*Councilm'en Rigsby, Hollingsworth, Baker . And Turner votingYea,'none voting Nay, to accept the bid""Of.alowe and Cowan Inc., for the purchase of 5000 feet of'3/4" copper.service pipe and for.1000 feet of I" copper service pipe. • The City Council considered taking bids for City Depository., The Present contract expires November 30, 1970. Motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor. Granberry and Councilmen-Rig8by,.Holl-ingsworth, Baker and Turner voting Yea,, none voting Nay, to authorize publication of Notice to Banking Institutions within the City of Labbock.° Bids will be received by the City Council November'12, 1970. Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayoi Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to� Authorize the Mayor to execute an Assignment of Local Sales Tax Claim and Lien. ASSIGNMENT OF LOCAL SALES TAX CLAIM AND LIEN THE STATE OF TEXAS X WHEREAS, the CITY OF LUBBOCK, a Municipal Corporation acting by and through Robert S. Calvert, Comptroller of Public Accounts of the State of Texas, asserted its claim against ABE M. KAYAL and BOBBY N. ELLIS, as individuals and ABD M. KAYAL and BOBBY N. ELLIS, as individuals doing business as THE FAIR DEPARTMENT STORE, 1729 Parkway Drive, Lubbock, Texas, for delinquent .taxes pursuant to the Local Sales and Use Tax Act in the sum of $1,140:30, together with any additional penalties and interest imposed by said Act being Article 1066c amending Chapter 20, Title 122A, Taxation -General, Revised Civil Statutes of Texas, 1-925,; said delinquent sales tax being further described as follows: Quarter Ending Balance, September 30, 1968 $536.34 December 31, 1968 $310.25 March 31, 1969 $130.42 September 30, 1969 70.58 December 31, 1969 $ 90.16 and has further asserted its Local Sales Tax Lien against all. property of the said taxpayers. WHEREAS, Janell Kayal, Feme Sole, has paid the CITY OF LUBBOCK the sum of $1,140.30�j whic is the outstanding and .unpaid balance due on said claim and desires an assignment of the said Local Sales Tax.Claim-and'Lien, and the CITY OF LUBBOCK desires to transfer and assign the said Local Sales Tax Claim and Lien to Janell Kayal, Feme Sole, in consideration of the payment of $1,140.30; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, acting herein by and through J. H. Granberry, its duly elected i the entent that he is authorized by law, but without warranting the; and authorized Mayor, and to I of the sum of $1 140 . 30 validity of the Local Sales Tax Claim or Lien, for and in consideration cash in'hand,paid to the CITY OF LUBBOCK, the receipt and sufficiency of which is acknowledged, has TRANSFERRED, ASSIGNED, SOLD, GRANTED and CONVEYED, and by these presents does hereby TRANSFER, ASSIGN, SELLI GRANT and CONVEY -unto Janell Kayal, Feme Sole,: her heirsandassigns, all of the 1! right, title, interest and equity of the CITY OF LUBBOCK in and to the above described Local Sales Tax Claim and Lien for taxes due the CITY OF LUBBOCK. WITNESS my hand at Lubbock, Texas, this 22nd day of October, 1970. J. H. GRANBERRY, MAYOR ATTEST: Lavenia Lowe, City Se'cretark-Treasurer APPROVED: Isl Fred 0. Senter, Jr. -�Fred-O. Senter, Jr., City.Attorney 70-29-366A-860 Motion was made by Councilman Hollingsworth,seconded by Councilman Baker, motion carried, Mayor (41) Granberry, and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 5974 on first reading. AN ORDINANCE AMENDING ORDINANCE NO. 5953 OF THE CITY OF LUBBOCK BY AMENDING SECTION 4 PROVIDING FOR DIRECTORS AND PROVIDING A SAVINGS CLAUSE.