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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/22/1972�I I: June 22, 1972 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 Morris W. Turner and Councilman Lonnie F. Hollingsworth, Councilwoman Carolyn Jordan r and Councilman Bryce Campbell, City Manager N. B. McCullough, Assistant City Manager Robert i Wilson, City Attorney Fred 0. Senter, Jr., -and City Secretary -Treasurer Lavenia Lowe. Absent: Councilman John E. Baker 72-31-255-638 The invocation was given by Sam Wahl, Director of Public Works. (1) 72-31-255-639 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 72,-31-255-640 Motion was made by -Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (3) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to approve City Council Minutes -- Regular Meeting held June 8,.1972. 72-31-255-641 NOTICE TO BIDDERS (7) Sealed bids will be received in the office of the Purchasing Agent, Floyd Nesbitt, Room 207, City Hall, until 2:00 p.m., Tuesday, June 20, 1972, for the Central Library Building for Lubbock Texas, at which time the bids will be publicly opened and read aloud. Separate proposals will be received on General Construction, Plumbing, Heating and Cooling Work and on Electrical Work. All bids must be made on the blank form of Proposal furnished with the specifications. Pro- posal envelopes shall be plainly marked Bid No. 2071, Central Library. Plans and specifications may be obtained from the office of McMurtry and Craig, Architects be Engineers, 3014 50th Street, Lubbock, Texas. A deposit of $75.00 will be required on the plans and specifications, refundable upon the return of the plans and specifications within two (2) weeks after the bid opening. Signed: Floyd Nesbitt Purchasing Agent .City of Lubbock Lubbock, Texas Mr. Hoyse McMurtry and Mr. Calvin C. Craig, Jr. appeared before the City Council and presented bids for construction of the new Central Library. Bid Tabulation set in Bid Book. Action on the award of this project was deferred. w 72-31-255-642 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (10) Councilmen Hollingsworth, Jordan and Campbell voting Yea, Mayor Turner voting Nay, to pass Ordinance No. 6382 on second and final reading. ORDINANCE No. 6382 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. 1596-B: CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "A-2" TO AN "R-1" ZONING DISTRICT: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-255-643 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (11) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6383 on second and final reading. ORDINANCE NO. 6383 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6070 OF THE CITY OF LUBBOCK COVERING ZONE CASE NO. 1722A, BY AMENDING THE CONDITIONS MADE A PART THEREOF INSOFAR AS IT APPLIES TO TRACT A-2, C. N. HODGES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION., 72-31-255-644 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (8) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6398 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6398 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; WIDENING OF INDIANA 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 sum $29,850.00 For the following purpose: Acquisition of Right -of -Way to widen Indiana Avenue. Lots 19 & 20, Johnny & Jack Addition (3402-34th St.) . . . . Judgement not previously paid $23,800.00 Special Damages . . . . 153.00 6% Int. on damages, 4/24/72 to 6/22/72 1.48 6% Int. on judgement 5/13/69--6/22/72 4,444.31 Incidental expenditures, Court Costs, Testimony, Appraisals, etc . . . . . . . . . . . . . . . . . . . . 1,451.21 Total $29,850.00 72-31-256-645 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (9) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6399 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6399 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer- tain 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 Bond Fund The sum $3,000.00 For the following purpose: Constructing concrete median in 50th Street from Memphis Avenue to Knoxville Avenue. 72-31-256-646 The City Council considered removal of street barricade at 48th Street and Salem Avenue. (17) Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, that this request for removal be denied. The vote on this motion was as follows: Councilwoman Jordan and Councilman Campbell voting Yea, Mayor Turner and Councilman Hollingsworth voting Nay, this being a tie vote; whereupon, Mayor Turner requested that this item be placed on agenda for consideration on July 13, 1972. 72-31-256-647 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (18) Mayor Turner and Councilmen Hollingsworth and Jordan voting Yea, none voting Nay, to pass Ordinance No. 6400 on first reading. Councilman Campbell was absent at the time of this motion. ORDINANCE NO. 6400 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF STREETS AND ALLEYS IN AND AROUND THE LIBRARY SITE, TO -WIT: A PORTION OF AVENUE M FROM 7TH STREET TO 9TH STREET: A PORTION OF 7TH STREET FROM AVENUE L TO AVENUE M; THE NORTH -SOUTH ALLEY IN BLOCK 52, ORIGINAL TOWN; A PORTION OF 8TH STREET FROM AVENUE L TO AVENUE M; THE NORTH -SOUTH ALLEY IN BLOCK 68, ORIGINAL TOWN; A PORTION OF AVENUE L FROM 7TH STREET TO 8TH STREET; THE NORTH -SOUTH ALLEY IN BLOCK 85, ORIGINAL TOWN: A PORTION OF THE NORTH -SOUTH ALLEY IN BLOCK 53, ORIGINAL TOWN: A PORTION OF 7TH STREET FROM AVENUE K TO AVENUE L: A PORTION OF THE NORTH -SOUTH ALLEY IN BLOCK 53, ORIGINAL TOWN: A PORTION OF AVENUE L FROM 7TH STREET TO 8TH STREET; A PORTION OF 8TH STREET FROM AVENUE K TO AVENUE L; ALL ABOVE TRACTS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITYOF LUBBOCK TO INDICATE THE CLOSING AND ABANDONING OF SUCH STREETS AND ALLEYS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-256-648 Motion was made by Councilman Hollingsworth, seconded by Councilwomen Jordan, motion carried, (19) Mayor Turner and Councilmen Hollingsworth and Jordan voting Yea, none voting Nay, to approve price and condition of sale of the following parcels in the NDP Area and Guadalupe Area. Councilman Campbell was absent at the time of this motion. Price and Condition for the Sale of the Following Parcels ITEM NO. PARCEL REDEVELOPER PRICE REDEVELOPMENT 115 5E-10-2 (E.70') Walter A. -Wilkerson $2,700.00 Single -Family 123 5B-8-3 (All of) Nora Salazar $1,600.00 Single -Family 124 5B-16-11 (E.321) and Manuel Chavez $ 637.00 Landscaping and 5B-16-2 (W. l') bringing lot up to standard. 125 5B-18-8 (N. 67' of S Adres Cadena $1,570.00 Single -Family 187' ) 72-31-256-649 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (20) Mayor Turner and Councilmen Hollingsworth and Jordan voting Yea, none voting May, to approve the price and condition of sale of the east 100 feet of Parcel 47-2 in the Coronado Urban Renewal Project for a single-family residence to Ed Deo, the price of sale bing $2,000. _.. Councilman Campbell was absent at the time of this motion. 72-�31-256-B-654 (32) } Page l.of 1.0 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION rt i -Offer Date of Offer Project No. Contract No. TO: City of Lubbock, Texas (herein referred to as the "Sponsor") 21 JUti ?Q.TL Lubbock Regional 8-48-0138-02 DOT-FA-72 SW-1207 Airport FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the ) WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 7 June 1972 , for a grant of Federal funds for a project for develop- ment of the Lubbock Re Tonal Airport (herein called the "Airport"), together with plans an herein cations for such and made a part hereof; and which roject Application, as approved by the FAA is hereby incorporated WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Construct a new aircraft parking apron and connecting taxiways; install taxiway and area lighting for the new aircraft parking apron and connecting taxiways; perform pavement marking incidental to construction; construct entrance and service roads to the new terminal building; install lighting on the entrance and service roads; and construct access road to general aviation area on east side of field. A as more particularly described in the property map and plans and specifications incorporated in the said Project Application; PAGE t FAA FORM 5100-13 PG. 1 (10-711 SUPERSEDES FAA FORM 1632 PG. 1 72-31-257-650 (21) Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth and Jordan voting Yea, none voting Nay, to pass Ordinance No. 6401-on first reading. Councilman Campbell was absent at the time of this motion. ORDINANCE NO. 6401 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF STREETS AND ALLEYS IN THE URBAN RENEWAL AREA, TO -WIT: THE NORTH-SOUTR ALLEY IN BLOCK 83, ORIGINAL TOWN; AVENUE N FROM 9TH TO 10TH STREET: THE NORTH -SOUTH ALLEY, BLOCK ffi,.ORIGINAL TOWN; A PORTION OFAVENUE 0 - WEST OF BLOCK 82, ORIGINAL TOWN: ALL ABOVE TRACTSMORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OFLUBBOCK TO INDICATE THE CLOSING AND ABANDONING OF SUCH STREETS. AND ALLEYS: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-257-651 The City Council considered the request of Mr. R: L. Rodgers to pave the south one-half of (22) 51st Street from Slide Road to Albany Avenue in Buster Long Addition. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Council- woman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth and Jordan voting Yea, none voting Nay, to authorize the paving of the south one-half of 51st Street from Slide Road to Albany Avenue in Buster Long Addition, Councilman Campbell was absent at the time of this motion. 72-31-257-652 Motion was made by Councilman Hollingsworth, seconded .by Councilwoman Jordan, motion carried, (30) Mayor Turner and Councilmen Hollingsworth and Jordan voting Yea, none voting Nay, to pass Ordinance No. 6402 on first reading. Councilman Campbell was absent at the time of this motion. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6402 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: Airport Capital Improvements Fund The sum $105,000.00 For the following purpose: AWO-184 Architectural and Engineering Consultants fees for •-� implementation of Master Plan. 72-31-257-653 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (31) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6403 on first reading. ORDINANCE NO. 6403 AN ORDINANCE AMENDING CHAPTER 34, ENTITLED "WATER, SEWERS AND SEWAGE DISPOSAL", OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, BY AMENDING SECTION 34-2 THEREFO ESTABLISHING A WATER RESOURCE BOARD: AMENDING SECTION 34-3 SETTING TERMS OF BOARD MEMBERS; AMENDING SECTION 34-4 PROVIDING FOR FILLING VACANCIES ON BOARD; REPEALING SECTION 34-6; AMENDING SECTION 34-9 PRO- VIDING FOR EXOFFICIO MEMBERS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-257-654 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (32) Mayor Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay, that the following Resolution be passed. Set in on page 256-B - FAA Grant Agreement. 72-31-257-655 Mrs. Antonia Alvarado, Neighborhood Center Director of the Community Action Board, appeared (37) before the City Council requesting that the City Council appropriate money for purchase of a larger building for. use as community center for Chris Harwell Park. Mrs. Alvarado said that the building now located on this park is not of sufficient size to meet the requirements. Also that there is not room on the park for. placing of a large community center building. Mrs. Alvarado requested that the City investigate possiblility of placing larger building, if secured, on land adjoining Chris Harwell Park. After consideration of this request, it was unanimously agreed that the City of Lubbock explore possibility of purchase of a larger building and location for said building adjoining this park. 72-31-257-656 The following bids were received for the purchase of generator unit for Southeast Water Re- (38) clamation facilities, being Bid No.'2014. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded.by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to accept the bid of White Superior Division of White Motor Corporation, Fort Worth, Texas, for generator unit for Southeast Water Reclamation facilities: 72-31-257-657 (39) The following bids were received for purchase of electrical service drop cable to establish price for a period of one year, being Bid No. 2064. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and -Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to accept the bid of General Electric Supply Company for the purchase of Items 1 through 3, and 5 and 6. Tie bids were received from General Electric Supply Company and Southwestern Electric Supply Company for purchase of Item 4. Lot was drawn and the bid of General Electric Supply Company was accepted. 72-31-258-658 The following bids were received for purchase of dental equipment for Health Department, being (40) Bid No. 2065. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to accept the bid of Levitt Dental Supply, Wichita Falls, Texas, for purchase of Items l and 3; to accept the bid of M. F. Patterson Dental Supply for the purchase of Items 2, 7, 8 and 13; to accept the bid of S. S. White Company, Fort Worth, Texas, for purchase of Items 4, 12 and 14; and to accept the bid of Krause Dental, Dallas, Texas for the purchase of Items 5, 6, 9, 10, and 15. 72-31-258-659 The following bids were received for purchase of cast iron pipe, various sizes, for warehouse, (41) stock, being Bid No. 2072. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to accept the bid of Bowles & Edens, Inc., for the purchase of cast iron pipe for warehouse stock. 72-31-258-660 The following bids were received for purchase of gate valves, various sizes, for warehouse (42) stock, being Bid No. 2073. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay, to accept the bid of M. B. McKee Company, Inc. for purchase of gate valves for warehouse stock. 72-31-258-661 The following bids were received for purchase of traffic glass beads to establish price for a (43) period of one year, being Bid No. 2078. ' li Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to accept the bid of Flex-O-Lite Corporation, St. Louis, Missouri, for the purchase of traffic glass beads. 72-31-258-662 NOTICE (12) 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 22nd day of June, 1972, at 10:00 A.M., in the City Council Chamber on the Second Floor- of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Com- mission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended inaccordance with such recoumaendation: ZONE CASE NO. 1817 - Appeal of Warlick Carr (for J. D.-Hunter and Calvin Walker) to change Lots 18 and 19, Howard and Garlington Addition, City of Lubbock,.Lubbock County, Texas, from a "C-4" to a "M-l" Zoning District. (South of 34th Street and East of the NIS alley East of Bangor Avenue) The Planning and Zoning Commission recommended to the City Council that this request be denied. ZONE CASE NO. 1825 - Request of John Burford and Albert Skibell to make the following changes out of Section 4, Block E. Lubbock County, -Texas: Change "R-l" to "R-2"; Lots 1 thru 4, 77 thru 92, and 153 thru 158. Change from "R-l" to "A-1" Tracts B &.C, change from "R-l" to "C-3" Tract A, as shown on a preliminary plat of Oak Park Addition, out of Section 4, Block E, Lubbock County, Texas, said plat being on file in the office of the Secretary of the Planning and Zoning Commission. (North of 82nd Street and East of University Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions 1. Lots 1-4, 77-92, 153-158, Tract B & G, and the North 150 ft. and East 290 ft. of Tract A R-2. 2. Change the remainder of Tract A to C-3.. 3. These changes in zoning to be reflected on a revised preliminary.plat to be submitted prior to the City Council Hearing. ZONE CASE NO..1827 - Request of Derry D.-Harding (for C. H. Tubbs) to change Lots 1 thru 3, Block,6, Westmoreland Addition, City of Lubbock, Lubbock County, Texas, from a "C-4" to an 11M-irr Zoning District. (Southwest corner of Dover and Brownfield Road) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. Limited to architectural mill works. Lavenia Lowe, Secretary -Treasurer City of Lubbock, Texas Mr. Jan Fouts, Attorney representing J. D. Hunter and Calvin Walker, appeared on Zone Case —• No. 1817 - Appeal of Warlick Carr for J. D. Hunter and Calvin Walker to change property south of 34th Street and east of the North -South alley east of Bangor Avenue from "C-4" to "M-1" Zoning District. The Planning and Zoning Commission recommended that this request be denied. Mr. Warlick Carr was present in the Council Chamber. Mr. Fouts requested that the hearing on this zone case be continued until all members of the City Council were present. Mayor Turner asked if there were any persons present in the Council Chamber who wished to speak for or against this zone case. No one came forward; whereupon, motion was made by Councilman Hollings- worth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingswortl Jordan and Campbell voting Yea, none voting Nay, to authorize Zone Case No. 1817 to be continued until July 26th City Council.meeting. The Notice to be republished for this hearing of July 26t1 72-31-259-663 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1827 - (14). Request of Derry D. Harding for C. H. Tubbs to change property at the southwest corner of Dover Avenue and Brownfield Road from "C-4" to "M-1" Zoning District. The Planning and Zoning Com- mission recommended that this.request be granted subject to the following condition: 1. Limited to architectural mill works. Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Warlick Carr, Attorney representing Mr. Bob Hunter who is in the process of purchasing this property, appeared.in support of this zone case request. No one else came forward; whereupon, Mayor Turner announced that the hearing was closed. Motion was made by Councilman Campbell that the recommendation of the Planning and Zoning Commission be upheld and pass the ordinance. This motion died for want of a second. Motion was then made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor -Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, that the recommendation of the Planning and Zoning Com- mission be approved and pass Ordinance No. 6404 addixig Condition No. 2 to require that a screen- ing fence be constructed across the rear property line. ORDINANCE NO. 6404 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. 1827: CHANGE LOTS 1 THRU 3, BLOCK 6, WEST- MORELAND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A "C-4" TO AN "M-l" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-259-664 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1825 - (13) Request of John Burford -and Albert Skibell to change property north of 82nd Street and east of University Avenue from "R-l" to "R-2", "A-1" and "C-3" zoning District. The Planning and Zoning Crr-ission recommended that this request be granted subject to the following conditions: 1. Lots 1-4, 77-92, 153-158, Tract B & G, and the north 150 feet and east 290 feet of Tract A to "R-2 ". 2. Change the remainder of Tract A to 11C-31'. 3. These changes in zoning to be reflected on a revised preliminary plat to be sub- mitted prior to the City Council Hearing. Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Tom Johnson, Attorney representing Mr. John Burford and Mr. Albert Skibell, appeared in support of this zone change request. Mr. Burford and Mr. Skibell were present in the Council Chamber. After discussion, motion was made by Councilwoman Jordan that this zone case be sent back to Planning and Zoning Commission for further consideration and recommendation. This motion died for want of a second. Motion was then made by Councilman Campbell;, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, that Zone Case No. 1825 be referred back to the Planning and Zoning Commission asking that the plat be reviewed in an effort to prohibit strip zoning along 82nd Street and further recommendation made to the City Council. 72-31-259-665 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (24) Mayor Turner and Councilmen Hollingsworth and Jordan voting Yea, none voting Nay, that the following Resolution be passed. Councilman Campbell was absent at the time of this motion. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. 0 WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Zahn Pavers, Inc., G.W.O. 10733-A, for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: 62nd Street from its intersection with a line 13.00 feet West of the West Property Line of Toledo Avenue to its intersection with the West Lot Line of Lot 110, Crestview Addition known and designated as Sub -Unit Number 12 of Unit Number 2220. 63rd Street from its intersection with a line 13.00 feet West of the West Property Line of Toledo Avenue to its intersection with the West Lot Line of Lot 29, Quail Ridge Addition known and designated as Sub -Unit Number 14, of Unit Number 2220. 63rd Street from its intersection with a line 16.00 feet West of Utica Avenue to its intersection with a line 13.00 feet West of Avenue known and designated as Sub -Unit Number 15 of Unit Number the West Property Line of the West Property Line of Toledo 2220. EE 64th Street from its intersection with a line 13.00 feet West of the West Property Line of Toledo Avenue to its intersection with the West Lot Line of Lot 63, Quail Ridge Addition known and designated as Sub -Unit Number 16 of Unit Number 2220. 64th Street from its intersection with a line 16.00 feet West of the West Property Line of Utica Avenue to its intersection with a line 13.00 feet West of the West Property Line of Toledo Avenue known and designated as Sub -Unit Number 17 of Unit Number 2220. Toledo Avenue from its intersection with a line 18.00 feet South of the South Property Line of $ 61st Street to its intersection with a line 18.00 feet North of the North Property Line of 62nd Street known and designated as Sub -Unit Number 18 of Unit Number 2220. Toledo Avenue from its intersection with a line 18.00 feet South of the South Property Line of 62nd Street to its intersection with a line 18.00 feet North of the North Property Line of 63rd Street known and designated as Sub -Unit Number 19 of Unit Number 2220. Toledo Avenue from its intersection with a line 18.00 feet South of the South Property Line of 63rd Street to its intersection with a line 18.00 feet North of the North Property Line of 64th if Street known and designated as Sub -Unit Number 20 of Unit Number 2220. The South 1/2 of 24th Street from its intersection with a line 8.00 feet East of the East Property Line of Albany Avenue to its intersection with a line 540.80 feet East of the East Property Line of Albany Avenue known and designated as Sub -Unit Number 23 of Unit Number 2220. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O 10,733-A THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements. on said portions of the abovementioned alleys, streets, and/or 11 avenues 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 intructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance 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. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF JUNE, 1972. Morris W. Turner, Mayor ATTEST: Lavenia Lowe, City Secretary El CONSOLIDATED FINAL ESTIMATE G.W.O. 10,733 Accepted June 22, 1972 QUANTITIES S.Y. S.Y. Unit & Paving L.F. Alley Sub -Unit Location 6" Base C & G Return 2220-12 62nd Street from 13.0 feet West of 2,767.48 1,396.10 the WPL of Toledo Avenue to 631.80 feet East of EPL of Toledo Avenue. 2220-14 63rd Street from 13.0 feet West of 2,767.48 1,396.90 WPL of Toledo Avenue to 631.8 feet East of EPL of Toledo Avenue. 2220-15 63rd Street from 13.0 feet West of 2,697.08 1,320.10 the WPL of Toledo Avenue to 16.0 feet East of WPL of Utica Avenue. 2220-16 64th Street from 13.0 feet West of 2,767.48 1,395.30 the WPL of Toledo Avenue to 631.8 feet East of EPL of Toledo Avenue. 2220-17 64th Streeet from 13.0 feet West of 2,739.30 1,339.50 WPL of Toledo Avenue to 16.0 feet West of WPL of Utica Avenue. 2220-18 Toledo Avenue from 18.0 feet South 867.56 520.40 24.86 of SPL of 61st Street to 18.0 feet North of NPL of 62nd Street. 2220-19 Toledo Avenue from 18.0 feet South 849.78 511.10 25.06 of S PL of 62nd Street to 18.0 feet North of NPL of 63rd Street. 2220-20 Toledo Avenue from 18.0 feet South 849.78 510.80 24.89 of SPL of 63rd Street to 18.0 feet North of NPL of 64th Street. 2220-23 24th Street from 8.0 feet East of 1,894.40 '"536.30 9.54 EPL of Albany Avenue to 540.8 feet East of EPL of Albany Avenue. TOTALS 18,200.34 8,926.50 84.35 COST ESTIMATE 18,200.34 S.Y. Paving 6" Base @ $1.67 $30,394.56 8,926.50 L.F. Curb & Gutter @ $2.00 17,853.00 84.35 S.Y. Alley Return @ $7.00 590.45 CONTRACT COST $48,838.01 COST DISTRIBUTION Property Release Owner City to of *Previous Unit & Contract Cost Contractor Prepaid Monthly Sub -Unit Cost Due City NOW Paving -Payment 2220-12 $ 7,413.89 $ 6,888.00 $ 525.89 $ 2,420.42 2220-14 7,415.49 6,720.00 695.49 2,420.42 2220-15 7,144.32 6,720.00 424.32 2,284.34 2220-16 7,412.29 6,720.00 692.29 2,420.42 2220-17 7,253.63 6,720.00 533.63 2,320.34 2220-18 2,663.65 2,347.92 315.73 1,002.81 2220-19 2,616.75 2,303.60 313.15 984.81 2220-20 2,614.96 2,303.60 311.36 984.81 2220-23 4,303.03 2,899.68 -1 1�43._65 $2,547.00 939.24 $48,838.01 $43,622.80 $ 2,668.21 $2,547.00 $15,777.61 Total Contract Cost $48,838.01 Less Previous Payments $15,777.61 City to Contractor Now $33,060.40 *On monthly payments, 10% is retained; and this column reflects only the amount received by the Contractor. 72-31-262-666 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (25) Mayor Turner and Councilmen Hollingsworth and Jordan voting Yea, none voting Nay, that the fol- lowing Resolution be passed. Councilman -Campbell was absent at the time of this motion. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Commerce Park Addition made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain street dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat of Commerce Park Addition, Lots 1-11 including the following street: Cedar Avenue from its intersection with the South edge of pavement of U.S. 84 to its intersection with the North pavement line of Loop 289 known and designated as New Subdivision Unit Number NS 2014-18. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision,of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. 1. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. 11. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22nd DAY of June, 1972. ATTEST: Lavenia Love, City Secretary Morris W. Turner, Mayor CONSOLIDATED FINAL ESTIMATE COMMERCE PARK ADDITION Accepted June 22, 1972- QUANTITIES _ _-_-- S.Y. L.F. L.F. S.Y. L.F. L.F. Unit & Paving Curb & Reinforced Valley Remove Paving Sub -Unit Location 6" Base Gutter Curb & Gutter Gutter C&G Patching NS 2014-18 Cedar Avenue from 8,330.55 2527.20. 165.30 147.44 140.50 140.50 South edge paving. U.S. 84 to N.edge paving Loop 289. TOTAL 8,330.55 2527.20 165.30 147.44 140.50 140.50 COST ESTIMATE 8,330.55 S.Y. Paving 6" Base @ $1.98 $16,494.49 2,527.20 L.F. Curb & Gutter @ $2.10 5,307.12 165.30 L.F. Reinforced Curb & Gutter @ $2.60 429.78 147.44 S.Y. Valley Gutter @ $8.00 1,179.52 140.50 L.F. Remove Curb & Gutter @ $1.00 140.50 140.50 L.F. Paving Patching @ $0.70 98.35 CONTRACT COST $23,649.76 COST DISTRIBUTION Unit & Contract Property Owner Sub -Unit Cost Cost NS2014-18 $23,649.76 423,649.76 TOTAL $23.649.76 $23,649.76 72-31-263-667 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (26) Mayor Turner and Councilmen Hollingsworth and Jordan voting Yea, none voting Nay, that the following Resolution be passed. Councilman Campbell was absent at the time of this motion. 1 Vg1n1.11TTnW RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Melonie Park South, Lots 143-260, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat of Melonie Park South, Lots 143-260 including the following streets: Part of Memphis Drive from its intersection with the East Lip Line of Memphis Avenue to its intersections with a line 3.00 feet West of the West Property Line of the alley East of Knox- ville Drive known and -designated as New Subdivision Number 1937. The East one-half (1/2).of Memphis Avenue from its intersection with the North end of radius of Memphis Drive to its intersection with the North Paving Line of 82nd Street known and designated as New Subdivision Number 1941. Part of 78th Street from its intersection with the East Lip Line of Memphis Avenue to its inter- section with the West Lip Line of Lynnhaven Avenue known and designated as New Subdivision Number 1944. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifi- cations and in accordance with -the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvments 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 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 JUNE, 1972. ATTEST: Morris W. Turner, Mayor Lavenia Lowe, City Secretary CONSOLIDATED FINAL ESTIMATE MELONIE PARK SOUTH ADDITION Accepted June 22, 1972 -QUANTITIES- S.Y. S.Y. S.Y. Unit & Extra Paving L.F. Alley Valley Sub -Unit Location Base 6" 6" Base C & G Return Gutter NS 1937 Memphis Drive from ELL of 148.76_ 78.54 Memphis Avenue to 3.0 feet. _West of WPL of alley East of Knoxville Drive NS 1941 East 1/2 of Memphis Avenue 375.53 4,072.29 1,496.88 12.22 from North end of radius of Memphis Drive to North, Paving Line of 82nd Street. NS 1944 78th Street from ELL of 78.22 78.54 52.54 Memphis Avenue to WLL of Lynnhaven Avenue. TOTALS 375.53 4,299.27 1,653..96 12.22 52.54 COST ESTIMATE 4,299.27 S.Y. Paving 6" Base @ $2.10 $ 9,028.47 1,653.96 L.F. Curb & Gutter @ $2.09 3,456.78 12.22 S.Y. Alley Return @ $8.40 102.65 52.54 S.Y. Valley Gutter @ $8.40 441.34 375.53 S.X. Extra Base 6" @ $1.05 394.31 CONTRACT COST $13,423.55 COST DISTRIBUTION Unit & Contract Property Owner City to Sub -Unit Cost Cost Contractor NOW 1937 476.55 476.55 19,41 $12,177.25 $10,600.00 $1,577.25 1944 769.75 769.75 TOTAL $13,4,23.55 $11.846.30 $1,577.25 72-31-264-668 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (27) Mayor Turner and Councilmen Hollingsworth Jordan and Campbell voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING -IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of La Fiesta Addition, made arrangements with W. D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of La Fiesta Addition including the following streets: Utica Avenue from its intersection with the South Lip Line of Loop 289 to its intersection with the North Lip Line of Colgate Street known and designated as New Subdivision Unit Number 2014-1. Toledo Avenue from its intersection with a line 3.00 feet North of the North Property Line of the alley North of Colgate Street to its intersection with the South Property Line of the alley South of Amherst Street known and designated as New Subdivision Unit Number 2014-2. Colgate Street from its intersection with the West Line of La Fiesta Addition to its inter- section with the West Lip Line of Toledo Avenue known and designated as New Subdivision Unit Number 2014-3. Bates Street from its intersection with the South Lip Line of Colgate Street to its intersection with the West Lip Line of Toledo Avenue known and designated as New Subdivision Unit Number 2014-4. 11 Auburn Street from its intersection with the West Line of La Fiesta Addition to its intersection with the West Lip Line of Toledo Avenue known and designated as New Subdivision Unit Number 2014-5. Amherst Street from its intersection with the West Line of La Fiesta Addition to its intersection with the West Lip Line of Toledo Avenue known and designated as New Subdivision Unit Number 2014-6. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifica- tions and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. 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 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 JUNE, 1972. Morris W. Turner, Mayor ATTEST: Savenia Lowe, City Secretary El CONSOLIDATE FINAL ESTIMATE LA FIESTA ADDITION Accepted June 22, 1972 QUANTITIES S.Y. S.Y. S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Valley Re-sur Drainage Sub -Unit Location 6" Base C & G Return Gutter f acin& Channel NS 2014-1 Utica Avenue from the 2,697.83 1,413.23 26.67 186.02 8.92 SLL of Loop 289 to the. . NLL of Colgate Street. NS 2014-2 Toledo Avenue from 3 3,415.24 1,740.99' 52:22 71.11 581.46 feet North of the NPL of the alley North of Colgate Street to the SPL of the alley South of Amherst Street. NS 2014-3 Colgate Street from West 1,607.11 766.76 52.54 Line of La Fiesta Addi- tion to the WLL of Toledo Avenue. NS 2014-4 Bates Street from the SLL1,275.00 727.17 of Colgate Street to the _ WLL of Toledo Avenue. NS 2014-5 Auburn Street from the 1,404.80 834.74 26.67. West Line of La Fiesta Addition to WLL of Toledo Avenue. NS 2014-6 Amherst Street from the 1,419.69 814.98 20.67 West Line of La Fiesta Addition to -the WLL of Toledo Avenue. TOTALS 11,819.67' 6,297.87 126.23 309.67 8.92 581.46 COST ESTIMATE 11,819.67 S.Y Paving 6" Base @ $1.85 $21.866.39 6,297.87 L.F. Curb & Gutter @ $2.08 13,099.57 126.23 S.Y. Alley Return @ $7.00 883.61 309.67 S.Y. Valley Gutter @ $7.00 2,167.69 581.46 S.Y. Drainage Channel @ $7.00 4,070.22 8.92 S.Y Resurface @ $0.53 4.73 CONTRACT COST $42.092.21 COST DISTRIBUTION Unit & Contract Property Sub -Unit Cost Owner Cost NS 2014-1 $ 9,424.07 $ 9,424.07 NS 2014-2 14,872.98 14,872.98 NS 2014-3 4,935.79 4,935.79 NS 2014-4 3,871.26 3,871.26 NS.2014-5 4,521.83 4,521.83 NS 2014-6 4,466.28 4,466.28 TOTAL $42,092.21 $42,092.21 72-31-265-669 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (34) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell 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 execute GRANT FOR SUMMER YOUTH TRANSPORTATION PROGRAM 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 June, 1972 MORRIS W. TURNER, MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer Set in Application on Page 264-B. 72-31-266- 670 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (35) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, that the following Resolution be passed. 72-31-266-671 (15) 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 an AGREEMENT between the City of Lubbock and United Fund for Summer Youth Transportation Program 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 June, 1972. MORRIS W. TURNER, MAYOR ATTEST: Lavenia Lowe, City Secretary -.;Treasurer See Permanent files for Agreement under Youth Transportation Program. In accordance with the Notice of Paving Hearing, of record in City Council Minutes of April 27, 1972, in Minute Book 31, Page 185, said hearing was held on General Work Order No. 10,790. A number of persons appeared for the paving hearing. After consideration of all information presented, Mayor Turner announced that the hearing was closed. Motion was then made by Council- man Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, that Paving Ordinance No. 6405 be passed on first reading. G.W.O. 10,790 ORDINANCE N0. 6405 AN ORDINANCE CLOSING'HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREETS: 54TH STREET, 81ST STREET, FORDHAM STREET, KEMPER STREET, JARVIS STREET, SALEM AVENUE, 60TH STREET, 59TH STREET, TOLEDO AVENUE, 67TH STREET, HARVARD STREET, VICKSBURG AVENUE, 66TH STREET, AND UTICA AVENUE, SUCH PORTIONS BEING MORE PARTICU- LARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. WHEREAS, the City Engineer prepared rolls or statements for the improvements in each unit, showing the amounts to be assessed against the various parcels of abutting property, and the owners thereof, and showing other matters and things; and the same were examined by the City Council and approved, and a time and place was fixed for hearing to the owners of such abut- ting property, and to all others in anywise interested, and due and proper notice was given in compliance with law including notices mailed to each known property owner to be assessed addressed to his last known address as shown on the current City of Lubbock tax rolls, and such hearing was had and held at the time and place fixed therefore, to -wit: on the 22nd day of June, 1972, at 2:00 o'clock P.M. in the Council Room in the City of Lubbock, Texas, and at such hearing all desiring to be heard were fully and fairly heard, and -evidence was received and considered and all protests and objections made were considered, and said hearing was in all res octs held in the manner provided and required by the charter and law in force in this City and by the proceedings of the City with reference to such matters, and the following protests were made concerning the improvements in the units indicated namely: Sub -Unit 31 of Unit 2226 Vicksburg Avenue Allene and Darryl Billings indicated by telephone that they were opposed to the proposed paving improvements. Sub -Unit 33 of Unit 2226, 81st Street Ernest Ameen appeared indicating that he was opposed to the proposed paving improvements unless the majority of the property owners favored the improvements, in which case he would also favor the improvements. Fi Li Sub -Unit 34 of Unit 2226 Fordham Street Jerry Pearsey indicated by mail that he was opposed to the proposed paving improvements. — — Sub -Unit 35 of Unit 2226, Kemper Street Mrs. Collier Adams appeared opposing the proposed paving improvements. ops fto am - fto Sub -Unit 36 of Unit 2226, Jarvis Street William Williamson appeared opposing the proposed paving improvements. Ray C. Hageman indicated -by mail that he was opposed to the proposed paving improvements. Jack Hayslip appeared indicating that he would support the majority opinion concerning the proposed paving improvements. Sub -Unit 37 of Unit 2226, East 1/2 of North Utica Avenue Mrs. Collier Adams appeared opposing the proposed paving improvements. William Williamson appeared opposing the proposed paving improvements. Sub -Unit 38 of Unit 2226, Salem Avenue Mable Stinson appeared opposing the proposed paving improvements. Sub -Unit 39 of Unit 2226, Salem Avenue J. B. Leftwich indicated by telephone that he was opposed to the proposed paving improve- ments. Sub -Unit 41 of Unit 2226, 59th Street Larry Morton appeared opposing the proposed paving improvements. Sub -Unit 47 of Unit 2226 Toledo Avenue Elmer A. Ferrell appeared opposing the proposed paving improvements. Sub -Unit 52 of Unit 2226, Salem Avenue Alma B. Tiner indicated by telephone and by mail that she was opposed to the proposed paving improvements. Donald Robertson indicated by telephone that he -Aas opposed to the proposed paving improve- ments. And all objections and protests made were full considered and the City Council having fully and fairly heard all parties making any protest and all parties desiring to be heard, and having fully considered all matters presented for consideration, and having fully considered all of the evidence, and all pertinent and proper matters is of opinion that the following disposition shoulc be made of such protests and objections, and that assessments should be made as herein ordained, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. That all protests and objections, whether herein specifically mentioned or not, shall be and the same are -hereby overruled and the said hearing, with respect to each and all Sub -Units and Units, is hereby closed. 72-31-267-672 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (46) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to authorize ratification of Purchase Agreement between the City of Lubbock and Mrs. Effie B. Wilscn for purchase of building formerly occupied by Pioneer Natural Gas Company located at 1001 Texas Avenue, being Lots 1,2 and 3, Block 104, Original Town Addition, in the amount of $110,000.00. THE STATE OF TEXAS ){ CONTRACT OF SALE COUNTY OF LUBBOCK }( This contract of sale made and entered into this the 13th-day of June, A.D. 1972, by and between EFFIE B. WILSON, of Lubbock County, Texas, hereinafter called Seller, and CITY OF LUBBOCK a municipal corporation incorporated under the laws of the State of Texas, hereinafter called Buyer; WITNESSETR: Seller is the owner of fee simple of the following describe real estate situated in Lubbock, Lubbock County, Texas, to -wit: Lots One (1), Two (2), and Three (3), Block 104, Original Town of Lubbock, Lubbock County, Texas, as shown by the map or plat thereof recorded in the office of the County Clerk of Lubbock County, Texas. which she agrees to sell to Buyer upon the terms and conditions hereinafter mentioned. 2. Buyer has promised and agreed and does hereby promise -and agree to purchase from Seller the above described real estate at a total price of ONE HUNDRED TEN THOUSAND AND NO/L)) DOLLARS ($110,000.00) to be paid in cash upon the closing of the contract. 3. Seller agrees that upon payment of said consideration that she. will execute and deliver a deed conveying to Buyer, its successors and assigns, the above described property in accordance with the terms of this contract. 4. Seller shall furnish to Buyer an abstract of title to the above described property showing: merchantable title in Seller. If the title to said property is not merchantable, as shown by the said abstract, then the Buyer shall procure and submit to the Seller, a statement in writing of the objections made to said abstract, within fifteen (15) days from the date of the delivery of said abstract, and the Seller shall have a reasonable time within which to cure said ob- jections. Failure on the part of Buyer to submit objections to the Seller shall constitute an acceptance of the title by Buyer. 5. The Seller shall pay the ad valorem taxes for the years 1971 and prior years and the Buyer will pay the taxes for the year 1972 and subsequent years. 6. The possession of the property shall be delivered to the Buyer upon the closing of this contract. The Buyer takes the improvements located on said property and the heating, air- conditioning equipment and plumbing in the condition that it is now in the Seller shall not be required to make any repairs to said improvements. 7, As evidence of good faith and in earnest of this contract the Buyer has this day de- posited with the First National Bank at Lubbock, Lubbock, Texas, the sum of $11,000.00 with the express agreement and understanding that if the Seller does in fact make and tender to said Buyer a good and sufficient general warranty deed to the above described property, and does in fact deliver to said Buyer an abstract showing a good and merchantable title, after having had time to -perfect title, if necessary, and the Buyer fails and refuses to perform the conditions imposed upon it by this contract, then in that event the said Buyer shall for- feit the said $11,000.00 as liquidated damages; it being agreed by and between the parties hereto that said sum is the reasonable amount of damages Seller will suffer for breach of this contract. In the event the Seller fails to make a merchantable title after having been given a reasonable time to perfect title, then this contract shall become null and void, and the $11,000.00 above referred to shall be returned to Buyer. In the event this contract is carried out, then the $11,000.00 above mentioned shall be applied upon the purchase -price. - This contract is executed in triplicate original, one copy delivered to each of the parties hereto and shall be binding upon the heirs, successors and assigns of the parties hereto, and one copy delivered to the First National Bank at Lubbock, Lubbock, Texas. EXECUTED this the day and year above written. /s/ Effie B. Wilson SELLER CITY OF LUBBOCK By MORRIS W. TURNER, MAYOR BUYER 72-31-268-673 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (46a) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to authorize budget supplement to the General Fund, 1971-72 City of Lubbock Budget in the amount of $110,000 for purchase of building formerly occupied by Pioneer Natural Gas Company located at 1001 Texas Avenue, being Lots 1, 2 and 3, Block 104, Original Town Addition from Mrs. Effie B. Wilson. 72-31-268-673 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (16) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCURRING IN THE FAIR MARKET VALUE OF PROPERTY TO BE ACQUIRED IN CONJUNCTION WITH THE CANYON LAKES PROJECT. WHEREAS, the Department of Housing and Urban Development requires that the fair market value be established on property to be acquired in conjunction with the Canyon Lakes Project, Project No. OSL-TX-06-16-1006, and; WHEREAS, the City of Lubbock has requested and has secured two (2) independent apprai- sals of property to be acquired within such project and has evaluated these appraisals, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby find that the fair market value of Parcel #2, Area 1, as shown on the map of such project, is $12,700.00. Passed by the City Council this 22nd day of June, 1972. MORRIS W. TURNER, MAYOR -31-270-B-676 DEPARTMENT T OF TRAiNSPORiATION FEDERAL AVIATION ADMINISTRATION GRATWA AGR1 f t ET" 1 Part 1-Offer Date of Offer Project No. Page 1 of 10 paves Jul, i;72 Lubboert RezioaaZ 8--48-G133-0 i Contract No. DOT-W,-72 S*7-1210 TO: City of Dab')ocz-, Texas (herein referred to as the "Sponsor") Airport FROM: The United States of (acting throug;h the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor 'has submitted to the FAA a Project Application dated .i�:'G 1172 , for a grant of Federal funds for a ;project for develop- 29 ment o` the Tu, o--k Fz�;iona Airport (herein called the ``Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, flee FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Acquire land, Tracts N, R, rx, and L as shcxm on Property Ifsp, -ctiiJ>;t n, (fee s1nple title or other property interests satisfactory to the tdsinistrator). all as more ;particularly described in the property map and plans and specifications incorporated in the said Froject Application; FAA FORM bIUU•:3 t'G. i CJU-71j 5UYEROCDC'S FAA FORM 1632 PG. i }'4i L1. L L ATTEST: I Lavenia Lowe, City Secretary -Treasurer 72 31-269-674 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (23) Mayor Turner and Councilmen Hollingsworth and Jordan voting Yea, none voting Nay, to authorize Change Order No. 2 to Central States No -Joint Concrete Pipe Company. Councilman Campbell was absent at the time of this motion. CENTRAL STATES NO -JOINT CONCRETE PIPE COMPANY 8200 COLORADO STREET CROWN POINT, INDIANA CHANGE ORDER N0. 2 Gentlemen: June 28, 1972 Re: Avenue "R" Central City Relief Storm Sewer Improvements In connection with the AGREEMENT made and entered into the llth day of October, 1971, by and between the City of Lubbock and CENTRAL STATES NO -JOINT CONCRETE PIPE COMPANY, the follow- ing change is ordered in accordance with Section 16 of the General Conditions of the AGREEMENT: WHEREAS, it is desirable to make changes in the plans and specifications for this project; Subject to conditions set forth, an equitable adjustment of the 10% retaining fee is established as follows: AS DESCRIBED IN S MENT IS TO BE TERMINATED WHEN COMPLETION OF TOTAL WORK DONE AMOUNTS TO 1 000 000.00 THE AMOUNT RETAINED HAS ACCRETED TO A TOTAL OF 100 000.00. IN WITNESS WHEREOF, the owner and the contractor have hereto set their hands this 22nd day of June, 1972. by a Joint Venture - CENTRAL STATES NO-JOING CONCRETE PIPE CO. WILLIAM D. FOSTER, INC by President CITY OF LUBBOCK Owner xpz / by U' MORRIS W. TURNER, MAYOR ATTEST: )9 xowwo "d4&,t a Laven a Lowe, CiW'9_e_c_r-eqtFry RECOMMENDED FOR APPROVAL: Wilford D. Watson, City Engineer 72-31-269-675 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (28) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6406 on first reading. ORDINANCE N0. 6406 AN ORDINANCE ABANDONING AND CLOSING FOUR (4) TRACTS OF DRAINAGE EASEMENTS OUT OF SECTION 15, BLOCK A, HANCOCK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICU- LARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SUCH DRAINAGE EASEMENTS. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, June 22, 1972. ATTEST: Lave a Lowe, City S retary-Treasurer READ AND APPROVED THIS THE 13th DAY OF JULY, 1972. `ZI • MORRIS W. TURNER, MAYOR MORRIS W. TURNER, MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer