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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/10/1972February 10, 1972 L L L L L 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, Lonnie F. Hollingsworth, John E. Baker and Morris W. Turner, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Lavenia Lowe. Absent Assistant City Manager Robert Wilson. 72-31-41-110 The invocation was given by Councilman Lonnie!F. Hollingsworth. (1) 72-31-41-111 The Pledge of AllegiA nce to the Flag was given in unison by those present in the Council (2) Chamber. 72-31-41-112 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, (3) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to approve City Council Minutes - Regular Meeting held January 26, 1972, and Regular Meeting held January 27, 1972. 72-31-41-113 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (10) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6297 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6297 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond The sum $50,000.00 For the following purpose: Hard surface area and playground equipment on the following sites: 42nd & Avenue B Park Site 50th St. & Chicago Ave. Park Site Zenith & Erskine Park Site Clemson & North Avenue N Park Site 72-31-41-114 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (11) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting}Yda, none voting Nay, to pass Ordinance No. 6299 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6299 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for anuapproved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THECITY OF LUBBOCK There is hereby appropriated out of the following described bond fund, to-irit: Sanitary Sewer Bond Fund The sum $17,803.80 For the following purpose: Change Order # 2 to G. W. 0. 10743, 82nd Street Sanitary Sewer Line Add approximately 950 feet of line $16,956.00 City cost and engineering 847.80 $17,803.80 72-31-41-115 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (12) Mayor Granberry and Councilmen Rigsby, Hollingsworth,. Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6300 on second and filial reading. AN APPROPRIATMN ORDINANCE ORDINANCE N0. 6300 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: li There is hereby appropriated out of the following described bond fund, to -wit: Various Bond Funds, pro -rated as follows: The sum $48,500.00 For the following purpose: Bond rating fees, financial and legal advisory fees, bond prospectus cost, and bond inarketing expenses. 11 Water works $5,238.00 Street Improvements 921.50 Fire Station 194.00 Airport 4,753.00 Parks 1,018.50 Memorial Center 26,287.00 Library 4,025.50 Canyon Lakes 6,062.50 $48,500.00 72-31-42-116 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (13) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6283 on second and final reading. ORDINANCE N0. 6283 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS (10 MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1787: CHANGE LOTS 4 THROUGH 6, BLOCK 1, RIDGE LAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "A-M" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. i� 72-31-42-117 Motion was made by Councilman Hollingsworth, seconded by Councilmen Rigsby, motion carried, (14) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6284 on second and final reading. ORDINANCE N0. 6284 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 4999 OF THE CITY OF LUBBOCK, COVERING ZONE CASE NO. 896 A PERTAINING TO LOTS 9, 10 AND 11 SOUTH COLLEGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY APPROVING A REVISED SITE PLAN FOR ADDITION TO THE SPECIFIC USE PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-42-118 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (15) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6285 on second and final reading. ORDINANCE NO. 6285 AN ORDINANCE AMENDING ZONING ORDINANCE NO, 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHAW E: ZONE CASE NO. 1790: CHANGE A TRA Cr OF LAND OUT OF SECTION 712, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "R-2" ZONING DISTRICT; PROVIDING A SAVINGS CLAWSE AND PROVIDING FOR PUBLICATION. 72-31-42-119 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried (16) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6286 on second and final reading. ORDINANCE NO. 6286 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. 1792: CHANGE LOTS 14 AND 15, BLOCK 2, LOT 15, BLOCK 1, FRANCES PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "&-1" TO AN "AM" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 71-31-42-120 Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, (17) Mayor Granberry and Councilmen Rigsby, Hollingsworth, and Baker voting Yea, none voting Nay, to pass Ordinance No. 6287 on second and final reading. Councilman Turner abstained from voting on this motion. ORDINANCE N0. 6287 72-31-42-121 (18) . 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. 1793: CHANGE LOTS 1 THROUGH 10, BLOCK 4, WESTHAVEN ADDITION, CITY -OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "A-2 " ZONING DISTRICT; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yet, none voting) Nay, to pass Ordinance No. 6288 on second and final reading. ORDINANCE N0. 6288 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. 1794: CHANGE A TRACT OF LAND OUT OF SECTION 14, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS FOLLOWS: CHANGE LOTS 1 THROUGH 8, 57 THROUGH 72, 283 THROUGH 289, 544 THROUGH 550, 758 THROUGH 762 AND TRACT D [I] 0 71 k-= II FROM AN "R-1" TO AN "R-2" ZONING DISTRICT; CHANGE TRACTS B, E, F, H, AND I FROM AN "R-1" TO AN "A-1" ZONING DISTRICT; CHANGE TRACT G FROM AN "R-1" TO A "C-1" ZONING DISTRICT AND CHANGE: TRACTS C AND J FROM AN '$-l" TO A "C-2"ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING;FOR PUBLICATION. 72-31-43-122 Motion was made by Councilman Hollingsworth,�seconded by Councilman Rigsby, motion carried, (19) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6289 on second and final reading. ORDINANCE NO. 6289 AN ORDINANCEa AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1791 CHANGE THE FOLLOWING LOTS AND TRACTS OF LAND OUT OF SECTION 6, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS FOLLOWS: CHANGE LOT 1, D. A. V. ADDITION AND LOT 1, WESTER PARK ADDITION FROM AN 11R-1" TO A "C-4" ZONING DISTRICT AND LOTS 2 AND 3, WESTER PARK ADDITION FROM AN "R-i" TO AN "A-1" ZONING DISTRICT, SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-43-123 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (2l) - Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6290 on second and final reading. ORDINANCE N0. 6290 AN ORDINANCE DESIGNATING THAT PORTION OF EIGHTH STREET FROM UNIVERSITY AVENUE TO AVENUE G, PREVIOUSLY DESIGNATED AS A ONE-14AY STREET, TO A TWO-WAY STREET AND DESIGNATING AND CHANGING' THAT POTION OF NINTH STREET FROM UNIVERSITY AVENUE AND AVENUE G, PREVIOUSLY DESIGNATED AS A ONE-WAY STREET, TO A TWO-WAY STREET; PROVIDNG FOR PUBLICATION OF THE DESCRIPTIVE CAPTION AS AN ALTERNATIVE METHOD OF PUBLICATION PROVIDING BY LAW. 72-31-43-124 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (22) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6291 on second and final reading, ORDINANCE NO. 6291 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OR ORDINANCES, CITY OF LUBBOCK, ENTITLED "GARBAGE, TRASH, WEEDS AND BRUSH", BY AMENDING SECTION 14-4 THEROF PROVIDING FOR GARBAGE CONTAIN ERS; AMENDING SECTION 14-10 THEREOF PROVIDING FOR REMOVAL OF BRUSH; AMENDING SECTION 14-21 THEREOF PROVIDING FOR PERMITS; ADDING THERETO A NEW SECTION 14-24.1 PROVIDING FOR DISPOSAL BILLING; ADDING THERETO A NEW SECTION 14-24.2 PROVIDING FOR DEPOSITS; ADDING THERETO A NEW SECTION 14-24.3 PROVIDING FOR MINIMUM BILLING RATE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-43-125 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (24) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6293 on second and final reading. ORDINANCE N0. 6293 AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "COIN -OPERATED MACHINES", BY AMENDING SECTION 26-44 TO PROHIBIT PLAY BY MINORS UNDER TEN YEARS OF AGE; AMENDING SECTION 26-45 PROVIDING FOR SIGNS; AMENDING SECTION 26-47 PROVIDING FOR MINOR'S REPRESENTATION OF AGE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-43-126 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (25) Granberry and Councilman Rilgeby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6294 on second and final reading. ORDINANCE NO. 6294 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK BY AMENDING SECTION 2-25 THEREOF PROVIDING FOR CREATION OF THE SOUTHEAST LUBBOCK DEVELOPMENT BOAR&; PROVIDING FOR APPOINTMENT AND TERM OF SUCH BOARD MEMBERS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-43-127 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (26) Granberry And Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, -to pass Ordinance No. 6295 on second and final reading. ORDINANCE N0. 6295 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OR LUBBOCK, SETTING THE DATE FOR TEE REGULAR MUNICIPAL ELECTION FOR 1972. 72-31-43-128 Motion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (27) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, t o pass Ordinance No. 6296 on second and final reading. ORDINANCE N0. 6296 AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 10-6 THEREOF TO PROVIDE FOR ADJUSTMENT OF VOTING PRECINCT BOUNDARIES; PROVIDING FOR A NEW VOTING PRECINCTS; PROVIDING A SAVINGS CIIUSE&ND PROVIDING FOR PUBLICATION. f If u 72-31-44-129 Motion was made by Councilman Hollingsworth, Seconded by Councilman Rigsby, motion carried, (32) Mayor Granberry and Councilmen' -Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting May, to pass Ordinance No. 6301 on first reading. ORDINANCE«NO 6301 AN ORDINANCE AUTHORIZING THE ALTERNING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK , LUBBOCK COUNTY, TEXAS, TO -WIT: A PORTION OF SLIDE ROAD FROM 4th STREET TO THE SOUTH CITY LIMITS OF THE CITY OF LUBBOCK; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS ; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVIDING HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SP tIFICALLY CONFLICTS; PROVIDING A SAVINGS CLOSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 72-31-44-130 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, (33) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6302 on first reading. ORDINANCE NO. 6302 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT; A PORTION OF SPUR 327 - WEST LOOP 289 TO WEST CITY LIMITS; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS, PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT TH{£S ORDINANCE SHALL CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSEWITH WHICH ITS SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 72-81-44-131 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (34) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to approve price and condition of sale of the following eight additional parcels of land in the Guadalupe Urban Renewal Area: PARCELS Item No. Parcel Redeveloper Price Redevelopment 92 5F-3-8-(N.80') Vitoria Ybanez $12900.00 Single -Family 93 511-7-4 (S.10') Benita Mora $ '250.00 Landscaping and bringing lot up to standard 94 5B-9-1 (All of Francisco Carillo $1,560.00 Landscaping, enlar- 5B-9-1 ging yard and bring- ing lot up standard 95 5B-7-4(N.40') and Mike Cantu $1,630.00 Single -Family 5b-7-2(S. 26.661) 96 5E-1-3 (W.58.61) of Maria & Pablo Sutaica $1,250.00 Single -Family the E.(175.8') 97 5B-20-3(S.70.5) Jose Ybarra $2-170.00 Single-family 98 5B-20-3(S.50'of Manuel Luna $1,540.00 Single -Family N.109.2') 99 5B-9-4 (all of Laura Faye Appleton $.t,500.00 Single -Family 5B -9 -4) 72-31-44-132 The following bids were received for the purchase of uniforms for Policemen and Firemen, (46) being Bids No. 1895 and 1896. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Hollingsworth, Motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of J. B. Battle Uniform Com- pany, Oklahoma City, Oklahoma, for the purchase of uniforms for the Polide Department, accept the bid of Donovan Uniforms, Dallas, Texas, for the purchase of Items 1 through 6 for the Fire Department, and accept the bid of J. B. Battle Uniform Company, Oklahoma City, Oklahoma for the purchase of Items 7 and 8 for the Fire Department. 72-31-44-133 The following bids were received for the purchase of yard crane, 10,000 pounds, being Bid No. (47) 1909. 1 0 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, Hollirgsworth, Baker and Turner voting Yea, none voting mNay, to accept the bid of Plains Machinery Company for a hydraulic yard crane. 72-31-44-134 Motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor (47a) Granberry and Councilmen xigbby, Hollingsuor th, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6303 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6303 Li iL L. C L 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; Warehouse Improvement The sum $4,490.24 For the following purpose: To be applied on the purchase of a 10,000 lb. Hydraulic Crane 72-31-45-135 The following bids were received for the five houses for sale on University Avenue, being Bid (48) No. 1888. BLd Tabulation set in Bid Book. .after consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to accept the bid of Flora Crenshaw for Parcel No. 2 at 2502 35th Street; to accept the bid of M. S. Craig for Parcel No. 4 at 3512 University to accept the bid of Charles W. Lewis for Parcel No. 15 at 2501 41st street; aid to accept the bid of J. W. Connell for Parcel No. 22 at 2502 45th Street. 72-31-45-136 Mr. Davis Ehler of AID Ambulance Company appeared before the City Council in regard to increase (6) in ambulance rates of record in Minute Book 31, Page 6. After consideration of allinformation presented, motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, to grant this request to increase ambulance rates. Councilman Rigsby abstained from voting on this motion. 72-31-45-I37 Mr. Charles Galey, Attorney representing Communities for Mobil Homes, Inc. appeared before (7) the City Council to request permission to deposit treated effluent into City Sewage Lines. Mr. 0. R. VanNess, President of Communities of Mobile Homes, Inc., and Mr. Cecil M. Hawk of the firm of Hicks and Ragland also appeared in this regard. This matter was taken under advisement so that additional information could be secured. 72-31-45-138 Mrs. Duane Jordan, president of the League of Women Voters, appeared.before the City Council (9) and presented the following statement: MRS. JORDAN STATEMENT Thank you for this opportunity to appear before you today in behalf of the League of Women Voters, After completing the campaign for securing signatures on petitions to pepeal the present garbage charge ordinance, we felt it was important to discuss with the Council various aspects of our experiences and possible future action. The League entered into this rexerendum proeess for several reasons. First, we disagreed with the Council's philosophy on raising revenue to pay for solid waste disposal. We felt strongly that people should pay a fair share for the cost of government and for services rendered. We felt that ability to pay should be the basis for such charge. To us, an equal percentage is not the same thing as an equal amount. No one would argue that it would be fair to take five menns salaries that varied from $5000 to $40,000, add them together, and divide by five to achieve equal salaries. The man earning $5000 might be pleased- but no one would argue that it is fair. In the same way, taking the total amount of needed additional revenue and dividing it gqually into $2 shares is not fair to the person on a fixed income of $100/ month, although the person making $1000/month might not be able to fully appreciate the rrunfairness." i Secondly, we felt that the Council was not responsive to many other citizens and groups that protested the present garbage charge as a means of raising additional revenue. - Finally, amd most importantly, we felt it was vitally important to demonstuate that a peace- ful, constructive means of stating dissent was provided for in our City Charter and was avail- able fdr all citizens to use in expressing their grievences. Tio(nand again, we have heard. such phrases as "You can't fight City Hall,"! or "There's no point in talking to the City -- they won't Listen." -The League believes in the democratic process and wanted to prove that it could work. We provided the mechanism, by using the procedure outlined in the Charter, so that the citizens of Lubbock could communicate with the Council. We would like to share some of the eeasons people gave for signing the petitions: 1. Many fddlt that it was an issue that should be voted on by the people; 2. Others said that garbage service has previously been paid for by taxes. No improvements have been seen in service (in fact, many reporterpoorer service) and therefore additional charges should not be made. Commercial property owners as well as residential owners c omplained because garbage is not being collected regularly. 3. many expressed concern for persons on fixed incomes (particularly our Senior citizens) wno mina cns.s tmarge to be a hardship; i 4. Others felt that the City should make a better attempt to alive within its income" just as individual familes have to do. They saw a need for economizing. They were not opposed to paying for necessary services, but were in favor of not trying to "buy everything at onee." 5. Others gave examples of inequities in the way the present ordinances is being administered, e.g. a Homeowners, have been billed $4 for one month, evidently because storage sheds or storage areas of garages have been mistaken for additional residences, b) residents, who have paid for garbage service have also been billed for use of the dump ground, c) complaints have not been satisfactorily processed or resolved. 6. Many gave evidence of the lack of correlation between water usage and garbage production. In addition, many incidents were received from older people who have had minimum water bills until the garbage charge went into effect. Now they are just above the minimum and hence are charged $2. 7. Others felt there are basic inequities in the law. One elderly women, with six roomers was chargd $5/month. $2 was for her residence, an additional 50 cents for each roomer. In essence, she is paying a $3/month income tax because this is her means of supporting herself. 8. Others said that they did not mind paying $2, but were opposed to a charge that could keep going up with no citizen control. Our experience in meeting with the public has reinforced our feelings that this present ser- vice charge is inequitable, that the people have not been adequately heard, and that opportunity should be provided for further discussion on the issue. Theopurpose of the League of Women Voters have been, over the years, to promote the active and informed participation of all citizens in government. We know that citzen apathy results in poor government. We know that citizen participation insures better government. We see this referendum, not as a divisive element, as some have predicted, but rather as an II opportunity for dialogue and discussion betwwen the Council and the people. There is a recognized need to establish priorities for services and to find a fair way to pay for the needed services. A healthy discussion may generate some creative answers. In fact, we understand that the Mayor of Houston has already offered a workable suggestion to our Mayor, i.e. using color coded stickers on cans. It is a fairly simple system, whe reby a householder determines how many cans he wants serviced. order stickers for his cans, e.g. red for one, blud for two, green for three, etc. The charge would be posted once on a customers account and carried each month until the customer asked for a difference number. The charge would come with the water bill. The garbage collectors would only collect the cans that were specified by the color code, i.e. one, if red, two if blue, etc. This would save book-keepting expenses on the part of the workers or drivers, but would still insure that a citizen pays only for the service he gets. This is only one example of the kind of l solutions that may be offered to the problem of inequality in paying for service. We are concerned with statements made by members of the Council and the City Attorney w hich indicate that this is perhaps not an item for referendum. Our attorney is here today to a ddress himself to the specifics. However, we are confident it is an item for referendum -and any delay by the Council will only cause additional costs to the City in the form of a special election. Our forefathers, with firsthand knowledge of the painful cost of settling issues by war and revolution, wrote a provision into the first article of the Bill of Rights that insures citizens the right to petition the Government for a redress of grievances. This same peaceful alternative for solving differences is carefully spelled•out in the City Charter of Lubbock. You have been charged with the responsibility of protecting this right. The League is attempting to prove to the..citizens of this community that this process does work -- that th institution of City govern- ment is not out of reach of the persons it was created to serve. It is true that the League does have a definite interest in the outcome of such a referendum election. But far more than that, we have a deep committment to show that the democratic process can work here, in Lubbock, Texas. We trust the citizens will vote intelligently -- after dialogue and discussion -- with the b best interests of the Commudi$y in mind. We urge that you do not try to thwart this democratic process by delays and ask you to take the next step as provided for in the charter by setting a date for the public hearing. Mr. Tom Griffith, Attorney representing the League of Women Voterg, also appeared in regard to this matter. After considerable discussion, motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize a public hearing to be held as to whether o not Ordinance No. 6222 should be repealed. Said hearing to be held at 1:30 p. m. on February 24, 1972, in the Lubbock Municipal Auditorium. 72-31-46-139 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor II (36) Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize final payment of $3,565.18 to Holloway Contracting Company for construction of water distribution system in the South Plains Addition. The amount of the contract was $35,716.13, and the fianl cost was $35,651.82. 11 February 10, 1972 " Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas } Gentlemen: On February 9, 1972, I inspected the Water distribution lines in South Plains Addition, W. W. 0. 7864, constructed by Holloway Contracting Company under contract dated June 23, 1971, and found said improvements to have been completed in accordance with the pland and specifications. II I 11 III Therefore, I recommend that you accept said improvements and authorize final payment to the contractor Very truly yours, 4 /a/ Wilford D. Watson Wilford D. Watson City Engineer ' CONTRACTOR'S AFFIDAVIT ON CEASING JOB . STATE OF TEXAS X COUNTY OF LUBBOCK X Before me, a Notary Public in and for Lubbock CountY4 Texas, on this day personally appeared Jim R. Holloway, who being by me duly sworn, upon oath says: I Jim R. Holloway, do represent to the City of Lubbock and solemnly swear that I executed .a contract with the City of Lubbock, said contract being dated June 23, 1971, for installation of water distribution maines in South Plains Addition, Tract "A", under W. W. 0. 7864, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection withsaid project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded 1 iens or clarets have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substant- ially complied with by me i,n doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment for the City of Lubbock to me of the full and final moneys due me under this Contract. Witness my hand this 3 day of February. /s/ Jinls Hollows ATTEST:/s/ R. S. Holloway Subscribed and sworn to before me this the 3 day of February, 1972. IS/ Jackie Miller Notary Public in and for Lubbock County, Texas 72-31-47-140 kotion was made by Councilman Rigsby, seconded by Councilman Baker, motion carried, Mayor (37) Granberry and Councilman Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize final payment of $3,602.30 to Holloway Contracting Company for construction of sanitary sewer improvements for Farrah Estate Addition, Lots 1 through 223. The a mount of the contract was $35,790.15, and the final cost was $36,023.00 February 10, 1972 Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On February 9, 1972, I inspected the sanitary sewer lines in Farra Estates Addition, Lots 1-223 G.W.O. 3054, constructed by Holloway Contracting Company under contract dated November 24, 1971, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorized final payment to the contractor. Very truly yours, /s/ Wilford D. Watson Wilford D. Watson City Engineer CONTRACTOR' AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK X Before me, a Notary Public in and for Lubbock County, Texas', on this day personally appeared Jim R. Holloway, who being by me duly sworn, upon oath says: I, Jim R. Holloway, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated November 24, 1971, for installa- tion of sanitary sewer lines in Farrar Estates Addition, Lots 1-223 under G.W.O. 3054, and that J the work and contract has been completed according to the -plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by pa nt to the claimant, his authorized agent or attorney, and full release of all recoreded lien6 or claims have been -secured by settlement and duly filed with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State aid Municipal laws were substant- ially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 3 day of February. /s/ Jim R. Holloway Attest: /s/ R. S. Hollows Subscribed and sworn to before me this the 3 day of February, 1972. /s/ Jackie Miller Notary Public in and for Lubbock County, Texas 72-31-48-141 February 2, 1972 (31) NOTICE TO RESIDENT OF THE JAMES SUBDIVISION The City Council will hold a preliminary hearing for discussion of a possible strip paving program within the James Subidivision. The hearing will be held February 10, 1972, at 1:30p.m. in the City Council Chambers on the second (2nd) floor of the City Hall, Lubbock Texas. You are invited to attend the public hearing to -express your desires regarding this project. After the public hearing, the City Council will determinet'what streets will be placed on a strip paving assessment program. Please feel free to come by the Engineering Department in the City Hall to visit with us personally if you desire. Very truly yours, /s/ J. D. Conely James D. Conely Paving `Engineer In accordance with the above Notice to Residents of the James Subdivision, per&iminary hearing) was held for discussion of placing "strip paving" within the James Subdivision rather than curb and gutter paving. Mr. C. E. Husky appeared and stated that he would like to know the cost and whether or not the paving would be permanent without a great deal of maintenance. Mr. Veldon Petty of 5017 Magnolia and Mrs. Robbie Green also appeared in connection with this item. No one else came forward; whereupon, Mayor Granberry announced that the hearing was closed. It was unanimously agreed by the City Council that action on this item be held for additional information. 72-31-48-142 The City Council considered the offer of Homer L and Iva Edington to sell property at 1602 4th (38) Street. After consideration of all information presented, 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 accprpt the offer of Homer L. and Iva Edington for property at 1602 4th Street for a consideration of $1,900.00. This is for 4th Street right of way. Legal description of this property is as follows: BEGINNING at a point 40.81 feet South of the Northeast corner for the rectangular portion of Lot 1, Richmond Addition lying South of the railroad right-of-way, said point being in the existing North line of U. S. Highway 82 (4th Street) THENCE N. 81012' West along the existing North line of U. feet to a goint, said point being hhe beginning of a curve bears N 32 18'30 " West; S. Highway 82 a distance of 61.17 II to the left at which point the radius THENCE along said curve a distance of 32.12 feet to a point in the proposed North right-of-way line of U.S. Highway 82 at which point the radius bears North 34034'West; THENCE S 81018' East, -along the proposed North nigh -of -way line of U.S. Highway 82 a distance of 34.05 feet to a point in the East line of Lot 20; THENCE South along said line a distance of 21.9 feet to the place of Beginning. 72-31-48-143 The City Council considered disposition of City owned property at 17th Street and Chicago (39) Avenue. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize advertisement for bids on this property at 17th Street and Chicago Avenue. �J L '1 jt� L 72-31-49-144 The City Council considered disposition of City owned property in the Northwest corner of Lot (40) 11, Block 19, Crestlawn Subdivision. After consideration of all in€oz~metion presented, motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth', motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize advertisement for bids on this property in the Northwest corner of Lot 11, Block 1 , Crestlawn Subdivision. 72-31-49-145 The City Council considered awarding of the Bus Bench Contract. After consideration of -all (43) information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Hollingsworth,and Turner voting Yea, none voting Nay, to request bids for consideration by the City Council before contract is awarded. Councilmen Rigsby and Baker abstained from voting On this motion. +Z2-31-49-146► Mayor - City Councilmen (49) Lubbock, Texas City of Lubbock, Texas February 8, 1972 72-31-49-147 (8) 72-31-49-148 (30) I hereby submit my resignation as City Councilman No. 1 with the effective date to be at such time as a sucessor is elected and qualified to fill my unexpired term. I further request that the Mayor in his Order and Notice of the General City election to be held on April 8, 1972 include the election of Councilman No. 1 (unxpired term). Submitted this 8th day of February, 1972. /s/ Deaton Rigsby_ r _ Upon receipt of the above Notice of resignation, Councilman Place No. 1 Deaton Rigsby stated that he Wishes his name to be on the April 8, 1972, ballot for election of Mayor and Councilmen. Mr. Rigsby stated that he will seek the office of Mayor. Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Granberry and Councilmen Hollingsworth, Baker and Turner voting Yea, none voting Nay, that this resignation be accepted and that Mr. Rigsby be placed on the ballot in the City Election on April 8, 1972. The Mayor stated that the Resignation will be effective April 8, 1972. Mr. Don Sager, representing Home Builders Association, appeared before the City Council requesting that the requiremetit for treatment of soil for pest control before construction be d eleted from the Building Code. The petition in this regard was filed containing approximately 47 names. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Turner, motion carried, Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6304 on first reading. ORDINANCE No. 6304 AN ORDINANCE AMENDING SECTION 5-2 OF CHAPTER 5 OF THE CODE OF ORDINANCES, CQ TY OF LUBBOCK TEXAS WHICH AMENDS THE UNIFORM BUILDING CODE, 1970 EDITION, BY REPEALING SECTION 2517(c)8. THEREOF PERTAINING TO SOIL TREATMENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. NOTICE OF CITY COUNCIL HEARING 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 10th day of February, 1972, at 11:30 a.m., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the proposed annexation to the City of Lubbock, Texas, and at which time and place all interested persons will be given an opportunity to be heard. The areas proposed to be annexed to the City of Lubbock, Texas is described as follows: BEGINNING at a point on the existing City limits line, as established by Ordinance 2535, said point being 150 feet west and 365 feet north of the northeast corner of Section 43, Block AK, Lubbock County, Texas; THENCE West 5,170 feet to a point which is 40 feet west afid:365 feet north of the southwest corner of Section 10, Block JS; THENCE South 6,305 feet along a line 40 feet west of and parallel to the west lines of Section 10, Block JS, Section 43, Block AK and Section 38, Block AK to a point which is 660 feet south and 40 feet west of the northwest corner of Section 38,' Block -AK; THENCE East 5,170 feet to a point on the existing City limits line, as established by Ordinance 2535, said point being 150 feet west and 660 feet south of the southeast corner of section 43, Block AK' THENCE North 6,305 feet along the existing City limits line, a's established by Ordinance 2535 to the PLACE OF BEGINNING. In accordance with the above Notice of pity Council Hearing, hearing was held to consider a nnexation of land lying between 19th Street, 34th Street, Milwaukee Avenue and Upland Avenue. Mr. Charles Galey, Attorney, appeared in support of the annexation and requested that the present owners of this land be authorized to connect onto the City Sanitary sewer mains. Mr. Galey stated that owners of the property would pay the expense of connecting to the City sewage lines. Mr. Paul Payne appeared in connection with this annexation item. Mr. Jack Kastman appeared in support of this annexation representing Briercroft Savings and Loan. Rev. Haynes spoke in opposition to annexing only this small tract of land and requested that if the City annex this area, Carlisele, west of Lubbock, also be annexed at the same time. Mr. Durward Mahon appeared and stated to the City Council that it is his opinion that it is not ready for development. Mr. Mahon stated he objected only to the Southwest Quarter (k) Section being annexed. Mr. Mahon stated he owns twenty acres in the vicinity of this area. Mr. Victor Cargile also appeared in connection with this item. After consideration of all information presented, motion was trade by Councilman Rigsby, seconded by Councilman Baker, motion carried,.Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to authorize the project to continue in a manner that meets reasonable compliance with City Ordinance code; to provide adequate sanitary sewer'service and enter into contract to guarantee; and to proceed with orderly annexation into the City Limits within ninety (90) days. 72-31-50-149 Motion was made by Councilman Rigsby, 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. 6305 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6305 WHEREAS, the City Council of the City of Lubbock finds it is nexessary to appropriate ertain specific funds out of bond funds for an approved project; Widening of University Avenue 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 Bond Fund 76-6061-551 The ditm $62,303.00 For the following purpose: Acquition of Right-of-way to widen University Avenue. 2501 34th St. (portion of Lots I & 2, Block 1, Kinser Addn ) $60,800 - Land 1,503 Supplemental Expenditures $62,303.00 72-31-50-150 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, 1<42) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, to pass Ordinance No. 6306 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE No. 6306 WHEREAS, the City Council of the City of Lubbock finds it' is necessary to appropriate c ertain specific funds out of bond funds for an approved project; Widening of Avenue H 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 Improvements Bond Fund 76-6061-551 The -sum $8,765.00 For the following purpose: Acquistion of Right -Of -Way to widen Avenue H. 208-210 Ave. H.(East 35.25 feet of Lots 1 & 2 Alicia Addn) $8,000.00 Land 765.00 Supplemental Fxpendi $8,765.00 72-31-50-151 Application for license to conduct a solicitation was received at the City Secretary's office (50) on February 8, 1972. Said applicant.being the Fraternal Order of Eagles No. 3435 of 1112 Avenue K. The application being signed by Don Clarkston, Secretary. The policy of the City Council is that application for conducting a solicitation be presented to the Better Business Bureau for investigation and recommendation. Said petition of the Fraternal Order of Eagles No. 3435 was presented to the Better Business Bureau on*February 10, 1972. The following letter was received from Mr. Tom V. Watson of -the Better Business Bureau on February loth, wherein it is stated that it is the recommendation of the Bureau that the solicitation license not be issued. January 10, 1972 Mrs. Lavenia Lowe City Secretary City of Lubbock Lubbock, Texas Re" Solicitation Application of Graternal Order of Eagles #3435 and Carson & Barnes Circus, Inc. Inc. Dear Mrs. Lowe: The application referred to above submitted to the City of Lubbock under Ordinance No. 1832 has been reviewed by a committee of the Better Business Bureau in a meeting this date. Also a ttending were Mr. Phil Brummett, representing the Eagles,'and Mr. Jeff Harding who would be in charge of the telephone solicitations. After being in.conference for more than one hour at which time we reviewed the application, a copy of the agreement between the Eagles and Carson & Barnes, and after reviewing again terms of the Ordinance and especially Section 37--1 Purpose and Intent, it is the recommendation o f the Bureau that the solicitation license requested not be issued. The better Business Bureau appreciates the courtesy and cooperation on the part of Mr. Brummett and Mr. Harding. The Bureau also requests that should this recommendation be appealed to the _ `� Council, the Bureau have the opportunity to present its views. I Representing the Better Business Bureau -in the conference were; Ralph Wyatt, Hemphill -Wells Giles M. Forbess, Benton Oil Co.; Don Douglass, Bell Dairy; and Ton V. Watson, Manager of the Bureau. L L Sincerely, /s/ Tom V. Watson Tom V. Watson Manager This application for solicitation for the Fraternal Order of Eagles No. 3435 was then appealed to the City Council on February 10, 1972. Mr. Phil Brumett, Attorney, appeared before the City Council to request that said license be issued. After consideration of all information pre- sented, motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Councilmen Rigsby, H,ollingswor�h, and Baker voting Yea, Mayor Granberry and Councilman Turner voting Nay, that the request of the Fraternal Order of Eagles No. 3435 for a Solicitation License, said application being dated February 8, 1972, be rejected. 72-31-51-152 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (35) Mayor Granberry and Councilmen Rigsby, Hollingsworth, Baker and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION , RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE REVISED COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, DATED DECEMBER 22, 1971, CONCERNING THE MEMORIAL CENTER COMPLEX PROJECT WHEREAS, said -revised cooperation agreement provides, among others, a provision for the Urban Renewal Agency of the City of -Lubbock to purchase property: currently owned by the City of Lubbock and to resell this.property to the City along with other property for redevelopment in accordance with the Urban Renewal Plan for the Membrial Center Complex Project, and, JL_ WHEREAS, this proposed purchase from and resell to an identical Public Body by a Local Public Agency is not in accordance with the policy of the Department of Housing and Urban Development and said cooperation agreeement needs to be amended accordingly, and WHEREAS an amendment is attached hereto which deletes the proposed purchase and resille of the City -owned land as set forth in said cooperation agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THAT: The Mayor be and is hereby authorized to execute an amendment to said Revised Cooperation Agreement, said amendment<being attached hereto and made a part hereof, said execution to be attested by the City Secretary Treasurer. Passed by the City Council this 10th day of February, 1972. ATTEST: Lavenia Lowe, City Secre ary-Treasurer J &n,H., GRANBERRY;,PIIYOR AMENDMENT TO REVISED COOPERATION AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK WITH THE RESPECT TO THE MEMORIAL CENTER COMPLEX NO. TEX-R-138(c) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THIS AGREEMENT to that certain cooperation Agreement made by and between the URBAN RENEWAL, AGENCY OF THE CITY OF LUBBOCK hereinafter called "Agency", and the City of LUBBOCK, a munici- pal corporation, hereinafter dalled "City"; W I T N E S S E T H: That the City and the Agency mutually agree that said Cooperation Agreement is hereby amended and Paragraph 8 of said Cooperation Agreement which reads: "8. The Agency agrees to sell to and the City of Lubbock agrees to purchase all of the Parcels 4a-1 and 4b-1 as designated for public reuse, on the Land Disposition Map attached hereto as Exhibit B of which the total estimated disposition price is $1,000,000, however, the actual purchase price shall be that determined by two independent appraisals. The Agency agrees to convey all such parcels by a general warranty deed after purchase, demolition and clearance by the Agency. When these parcels of land are made available to the City for redevelopment in accordance with the Plan, the City agrees to enter into a Redevelopment Contract which will contain all the required covenants and restrictions necessary to comply with the Housing Act of 1949, as amended. shall be amended to read as follows: I. "8. The Agency agrees to sell to and the City of Lubbock agrees to purchase all of Parcels 4a-1 and 4b-1 as designated for public reuse on the Land Disposition Map attached hereto as Exhibit B, save and except for the Land in Parcel 4b-1 already owned by the City of Lubbock currently described as the south one-half of Lot 6, and all of Lots 7 through 20, Block 53, Original Town, including one-half the streets and/or alleys abutting thereto. The estimated disposition price of the land to be sold to the City is $1,000,000; however, the actual purchase price shall be that determined by two independent appraisals. The agency agrees to convey all such parcels by a general warranty deed after purchase, relocation, demolition, and site clearance by the Agency. When these parcels are made .available to the City for redeveloping in accordance with the Plan, the City agrees to enter into a Redevelopment Contract which will contain all the required convenants and restrictions necessary to comply with the Housing .,lct of 1949 as amended." That the City and the Agency -mutually agree that stid Cooperation Agreement is hereby amended and Paragraph 9 of said Cooperation Agreement which reads; "9. The City of Lubbock agrees to sell Parcels 4 and 5, Block 53 of the Original Town Addition to the Urban Renewal Agency, of which the estimated acquisition price is $64,375, however, the actual purchase price shall be determined by two independent appraisals." shall be amended to read as follows: 9" The City of Lubbock agrees to give the Agency the right of entry into said one-half of Lot 6, and all of Lot 7 through 20, Block 53, Original Town, including one-half of the Street and/or alleys abutting thereto in order that the Agency may demolish, clear, and prepare this land for redevelopment along with the remainder of Parcel 4b-1 subject to the granting of said right -of -entry. Thei City of Lubbock further agrees to redevelop this property along with the remainder of Parcel 4b-1 in accordance with the j, - Plan and subject to the same conditions and covenants as required for the remainder of Parcel 0-1." EXECUTED in duplicate on this the loth day of February, 1972. ATTEST: &n�nl;_ A�e - Lavenia Lowe, -City Secre ry-Treasurer APPROVED AS TO FORM AND LEGALITY: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr. , City Attorney ATTEST: AL1011—; Secretary NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY MEETING, FEBRUARY 10, 1972. ATTEST: Lavenia Lowe, City S cretary-Treasurer READ AND APPROVED THIS THE 24th DAY OF FEBRUARY, 1972 ATTEST: df- Lavenia City Sec stary-Treasurer CITY OF OCK J. . Granberry, yor URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK Chairman of the Board FROM REGULAR