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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/14/1972SEPTEMBER 14, 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 at City Hall, the following members thereof being present to -wit: i Mayor Morris W. Turner and Councilman Lonnie F. Hollingsworth, Councilwoman Carolyn Jordan, Councilmen John E. Baker and Bryce Campbell, City Manager N. B. McCullough, City Attorney-. Fred 0. Senter, Jr., Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None. -31-372-904 The invocation was given by Fred 0. Senter, Jr., City Attorney. (1) -31-372-905 The Pledge of Allegiance to phe Flag was given in unison.by those present in the Council Chamber. (2) -31-372-906 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor (3) Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay, to approve City Council Minutes - Regular Meetings held August 23, 1972, and August 24, 1972, and Special Meeting held August 29, 1972. -31-372-907 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (9) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance Np. 6441 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6441 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 Lighting Bond Fund (Street Improvement Bond Fund) The sum $25,000.00 For the following purpose: Install thoroughfare street lighting on University Avenue from 34th Street to 50th Street as the avenue is made wider. -31-372-908 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (10) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yxea, none voting Nay, to pass Ordinance No. 6442 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6442 WHEREAS, the City Council of the City of Lubbock finds it is necessary to apprpriate 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 apprpriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $3,300.00 For the following purpose: Construction of water line in Indiana Avenue from 78th Street to 79th Street ahead of paving. -31-372-909 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (11) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6446 on second and final reading. ORDINANCE NO. 6446 AN APPROPRIATION ORDINANCE L- WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certai 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: The sum $6,400.00 For the following purpose: Acquisition of Right -of -Way to widen University Avenue. A portion of land out of Lot 9, South College Addition to the City of Lubbock, Texas, consisting of 665.6 square feet. -31-372-910 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (12) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6449 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6449 72-31-373-911 (13) 72-31-373-912 (14) 72-31-373-913 (15) WHEREAS, the City Council of the City. of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund The sum $7,100.00 For the following purpose: City's cost of paving improvement on East side of Indiana Avenue 78th Street to 79th Street, Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6433 on second and final reading. ORDINANCE NO. 6433 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.- 1833: CHANGE LOT 5, HORSESHOE TERRACE ADDITION, FROM AN "R-l" TO A "C-2" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING �� A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6434 on second and final reading. ORDINANCE NO. 6434 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 3990, WHICH AMENDED ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY REPEALING CONDITION C THEREOF AND ENACTING THEREFORE A NEW CONDITION C; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Councilman Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6435 on second and final reading. ORDINANCE NO. 6435 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. 1836: CHANGE LOT 4, BLOCK 1, HILLCREST ADDI- TION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A 11C-2" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-373-914 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion darried; Mayor (16) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6436 on second and final reading. ORDINANCE NO. 6436 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY AMENDING SECTION 6.1-6 THEREOF GOVERNING CUSTOMARY HOME OCCUPATIONS; ADDING A NEW SECTION 6.2-9 GOVERNING CONDI- TIONAL USES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-373-915 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (17) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6437 on second and final reading. ORDINANCE NO. 6437 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY ADDING THERETO A NEW SECTION 14-A.1-22 PROVIDING FOR MINING, EXTRACTION AND SANITARY LANDFILLS; PROVIDING A SAV- INGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-373-916 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (18) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6438 on second and final reading. ORDINANCE N0. 6438 AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO CHANGE BLOCK 29, CARTER SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, DESCRIBED HEREIN FROM FIRE ZONE NO. 2 TO FIRE ZONE NO. 3; DIRECTING THE BUILDING INSPECTION ADMINISTRATOR TO INDICATE SUCH CHANGE ON THE OFFICIAL FIRE ZONE MAP OF THE CITY OF LUBBOCK: 72-31-373-917 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (19) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6439 on second and final reading. ORDINANCE NO. 6439 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1835: CHANGE THE EAST 139 FEET OF A TRACT OF LAND OUT OF SECTION 12, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A SPECIFIC USE PERMIT, TO -WIT: PROFESSIONAL TYPE OFFICES; CHANGE THE REMAINDER = OF THE ABOVE TRACT FROM AN "R-l" TO AN "R-2" ZONING DISTRICT, SUBJECT TO CONDITIONS, PROVIDING A �� PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-3747918 Motion was made by Councilman Hollingsworth, seconded by Councilman Faker, motion carried, Mayor (20) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6447 on second and final reading. ORDINANCE NO. 6447 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 26'OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, II ENTITLED "PUBLIC DANCES", BY ADDING THERETO A NEW SECTION 26-36.1 GOVERNING CONSUMPTION OF ALCOHOLIC BEVERAGES WITH MINORS PRESENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 72-31-374-919 Mr, J. Q. Warnick appeared before the City Council and requested that Item 20, wherein Ordinance (20a) No. 6447 was passed on second and final reading, be reconsidered; whereas, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Council men Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that Mr. Warnick be allowed to speak and that consideration be given by Council on passage of Ordinance No, 6447 on second and final reading. Mr. Warnick stated that he is an attorney representing Eli's Disco- theque'located•at 4138 19th Street. Mr. Warnick requested that the age limit as shown in Ordi- nance -No. 6447 be changed from 21,years to 18 years. After consideration of all information pre•, sented, motion was made -by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6447 on second reading in its original form, making no change in age limit. Mr. Gary Riley also appeared in regard to passage of this ordinance, 72-31-374-920 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (21) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6448 on second and finai.reading.- ORDINANCE NO..6448 AN ORDINANCE APPROVING PASSENGER FARES ESTABLISHED BY LUBBOCK TRANSIT CORPORATION. 72-31-374,921 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (22) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6440 on second and final reading. ORDINANCE NO. 6440 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 7TH STREET FROM AVENUE Q TO AVENUE M; A PORTION OF 8TH STREET FROM AVENUE P TO AVENUE M; A PORTION OF AVENUE 0 FROM 6TH STREET TO 7TH STREET; A PORTION OF AVENUE N FROM 6TH STREET TO 7TH STREET; A PORTION OF AVENUE M FROM 6TH STREET TO 7TH STREET; A PORTION OF AVENUE L FROM 6TH STREET TO 7TH STREET; A PORTION OF AVENUE 0 FROM 7TH STREET TO 8TH STREET; A PORTION OF AVENUE N FROM 7TH STREET TO 8TH STREET; A PORTION OF AVENUE 0 FROM 8TH STREET TO 9TH STREET; A PORTION OF AVENUE N FROM 8TH STREET TO 9TH STREET; THE EAST -WEST ALLEY BETWEEN 6TH STREET AND 7TH STREET RUNNING FROM AVENUE Q TO AVENUE P; A POR- TION OF AVENUE P FROM 6TH STREET TO 7TH STREET; THE NORTH -SOUTH ALLEY BETWEEN AVENUE N AND AVENUE 0 RUNNING FROM 6TH STREET TO 7TH STREET;. THE NORTH -SOUTH ALLEY BETWEEN AVENUE N AND AVENUE N RUNNING FROM 6TH STREET TO 7TH STREET; THE NORTH -SOUTH ALLEY BETWEEN AVENUE L AND AVENUE M RUNNING FROM 6TH STREET TO 7TH STREET; THE NORTH -SOUTH ALLEY BETWEEN AVENUE K AND AVENUE L RUNNING FROM 6TH STREET TO 7TH STREET; A PORTION OF AVENUE P FROM 7TH STREET TO 8TH STREET; THE NORTH -SOUTH ALLEY BETWEEN AVENUE N AND AVENUE 0 RUNNING FROM 7TH STREET TO 8TH STREET; THE NORTH - SOUTH ALLEY BETWEEN AVENUE M AND AVENUE N RUNNING FROM 7TH STREET TO 8TH STREET; THE NORTH -SOUTH ALLEY BETWEEN AVENUE N AND AVENUE 0 RUNNING FROM 8TH STREET TO 9TH STREET; AND, THE NORTH -SOUTH ALLEY BETWEEN AVENUE M AND AVENUE N RUNNING FROM 8TH STREET TO 9TH STREET, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE STREETS AND ALLEYS: PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-374-922 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (23) Turner and Councilmen Hollingsworth, Jordan, Baker 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 May or the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Urban Renewal Agency of the City of Lubbock, 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 14th day of August, 1972. Attest: /s/ Lavenia Lowe City Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Morris W. Turner Mayor KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of ' Texas, for and in consideration of the sum of ONE AND NO/00 ($1.00) DOLLARS and other good •iLr a % J P! and valuable consideration to it in hand paid by URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, Lubbock County, Texas, the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUIT CLAIM unto the said URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, ALL THEIR RIGHT TITLE AND INTEREST in and to the following described twenty-one (21) tracts of land lying and being situated in the County of Lubbock, State of Texas, described as II follows, to -wit: TRACT I 7th Street from the East Line of Avenue Q to the West Line of Avenue M described as follows:: Beginning at the Southwest Corner of Lot 13, Carl Roberds Subdivision of the A. J. White Addition to the City of -Lubbock, Lubbock County, Texas, the same being the Northeast Corner of the intersection of Avenue Q and 7th Street; y Thence East along the North Line of 7th Street and/or the South Line of Carl Roberds Sub- division of the A. J. White Addition and an approximate 24.6 feet extension thereof a distance of 624.6 feet more or less to a point 15 feet South of the Southwest Corner of Block 33, Original, Town of the City of Lubbock. { Thence North a distance of 15 feet to said Southwest Corner of Block 33, Original Town; Thence East along the North Line of 7th Street and/or the South Lines of Blocks 33, 34 and 35 of Original Town of the City of Lubbock a distance of 815 feet to the Southeast Corner of Lot 11, Block 35, Original Town, the same being the Northwest Corner of the intersection of 7th Street and Avenue M; n Thence South a distance of 75 feet to the Northeast Corner of Lot 20, Block 51, Original Town, the same being the Southwest Corner of the intersection -of 7th Street and Avenue M; �I .Thence West along the South Line of 7th Street and/or the North Line of Blocks 51, 50 and 49, Original Town and the North Line of the W. S. Norton Addition a distance of 1439.6 feet more or less to the Northwest Corner of Lot 12 of the W. S. Norton Addition to the City of Lubbock, Lubbock County, Texas, the same being the Southeast Corner of the intersection of 7th Street and Avenue Q; li I� Thence North a distance of 60 feet to the point of beginning. TRACT 2. 8th Street from the West Line of Avenue P to the West Line of Avenue M, described as followg: Beginning at a point 35 feet east of the Southeast Corner of Lot 24, W. S. Norton Addition to the City of Lubbock, Lubbock County, Texas; Thence East a.distance of 24.6 feet more or less to a point which is 15 feet South of the Southwest Corner of Block 49, Original Town of the City of Lubbock; Thence North a distance of 15 feet to the Southwest Corner of Block 49, Original Town; Thence East along .the North Line of 8th Street -and/or the South. Lines of Blocks 49, 50 and 51, Original Town a distance of 8L5 feet to the Southeast Corner of Lot 11, Block 51, Original Town, the same being the Northwest Corner of the intersection of 8th Street and Avenue M; Thence South a distance of 75 feet to the Northeast Corner of Lot 20, Block 67, Original it Town, the same being the Southwest Corner of the intersection of 8th Street and Avenue M; Thence West along the South Line of 8th Street and/or the North Line of Blocks 67, 66 and 65, Original Town a distance of 839.6 feet more or less to the Northeast Corner of Lot 1 of the Judd -Ellis and Ford Subdivision of the T. B. White Block of Overton Addition; Thence North a distance of 60 feet to the point of beginning. TRACT 3 Avenue 0 from the South Line of 6th Street to the North Line of 7th Street described as follows: . BEGINNING at the Northeast corner of Lot 1, Block 33, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the Southwest corner of the intersection of 6th Street and Avenue 0; Thence East 75 feet to the Northwest corner of Lot 1, Block 34, Original Town, the same being the Southeast corner of the intersection of 6th Street and Avenue 0; Thence South along the East Line of Avenue 0 and/or the West Line of Block 34, Original Town a distance of 260 feet to the Southwest corner of Lot 10, Block 34, Original Town, the same being the Northeast corner of the intersection of 7th Street and Avenue 0; Thence West 75 feet to the Southeast corner of Lot 10, Block 33, Original Town, the same being the Northwest corner of the intersection of 7th Street and Avenue 0; Thence North along the West Line of. Avenue 0 and/or the East Line of Block 33, Original Town a distance of 260 feet. to the point of beginning. TRACT 4 Avenue N from the South Line of.6th Street to the North Line of 7th Street described as follows: n Beginning at the Northeast -Corner of Lot 20, Block 34, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the Southwest Corner of the intersection of 6th Street and Avenue N; Thence East 75 feet to the Northwest -Corner of Lot 1, Block 35, Original Town, the same being the Southeast Corner of the intersection of 6th Street and Avenue N; Thence South along the East Line of Avenue N and/or the West Line of Block 35, Original Town a distance of 260 feet to the Southwest Corner of Lot 10, Block 35, Original Town, the same being the Northeast Corner of the intersection of 7th Street and Avenue N; Thence West 75 feet to,the Southeast Corner of Lot 11, Block 34., Original Town, the same being the Northwest Corner of the intersection of 7th Street and Avenue N; TRACT 5 Avenue M from the South line of 6th-Street to the North line of 7th Street described as follows: Beginning at the Northeast corner of Lot 20, Block 35, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the -Southwest corner of the intersection of 6th Street and Avenue M; THENCE East 75 feet to the Northwest corner of Lot 1, Block 36, Original Town, the same being the Southeast corner of the intersection of-6th Street and -Avenue M; THENCE South along the East line of Avenue M and/or the West line of Block 36, Original Town a distance of 260 feet to the Southwest corner of Lot 10, Block 36, Original Town, the same being the Northeast corner of the intersection of 7th Street and Avenue M; THENCE West 75 feet to the Southeast corner of Lot 11, Block.35, Original Town, the same being the Northwest corner o-f the intersection of 7th Street and Avenue M; THENCE North along the West line of Avenue M and/or the East line of Block 35, Original Town a distance of 260 feet to the point of beginning. TRACT 6 Avenue L from the South Lineof 6th Street to the North Line of 7th Street described as follows: Beginning at the Northeast Corner of Lot 20, Block 36, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the Southwest Corner of the intersection of 6th Street and Avenue L; Thence East 75 feet to the Northwest Corner of Lot 1, Block 37, Original Town, the same being the Southeast Corner of the intersection of 6th Street and Avenue L; Thence South along the East Line of Avenue L and/or the West Line of Block 37, Original Town a distance of 260 feet to the Southwest Corner of Lot 10, Block 37, Original Town, the same being the Northeast Corner of the intersection of 7th Street and Avenue L; Thence North along the West Line of Avenue L and/or the East Line of Block 36, Original Town a distance of 260 feet to the point of beginning. TRACT 7 Avenue 0 from the South Line of 7th Street to the North Line of 8th Street described as follows: BEGINNING at the Northeast corner of Lot 1, Block 49, Original Town of the City of Lubbock, Lubbock -County, Texas, the same being the Southwest corner of the intersection of 7th Street and Avenue 0; THENCE East 75 feet to the Northwest corner of Lot 1, Block 50, Original Town, the same being the Southeast corner of the intersection of 7th Street and Avenue 0; THENCE South along the East Line of Avenue 0 and/or the West Line of Block 50, Original Town a distance of 260 feet to the Southwest corner of Lot 10, Block 50, Original Town, the same being the Northeast corner of the intersection of 8th Street and Avenue 0; THENCE West 75 feet to the Southeast corner of Lot 10, Block 49, Original Town, the same being the Northwest corner of the intersection of 8th Street and Avenue 0; THENCE North along the West Line of Avenue 0 and/or the East Line of Block 49, Original Town a distance of 260 feet to the point of beginning. TRACT 8 Avenue N from the South Line of 7th Street to the North Line of 8th Street described as follows: BEGINNING at the Northeast corner of Lot 20, Block 50, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the Southwest corner of the intersection of 7th Street and Avenue N; THENCE East 75 feet to the Northwest corner of Lot 1, Block 51, Original Town, the same being the Southeast corner of the intersection of 7th Street and Avenue N; THENCE South along the East Line of Avenue N and/or the West Line of Block 51, Original Town a distance of 260 feet to the Southwest corner of Lot 10, Block 51, Original Town, the same being the Northeast corner of the intersection of 8th Street and Avenue N; THENCE West 75 feet to the Southeast corner of Lot 11, Block 50, Original Town, the same being the Northwest corner of the intersection of 8th Street and Avenue N; THENCE North along the West Line of Avenue N and/or the East Line of Block 50, Original Town a distance of 260 feet to the point -of beginning. TRACT 9 Avenue 0 from the -South Line of 8th Street to the North Line of 9th Street described as follows: BEGINNING at the'Northeast Corner of Lot 1, Block 65, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the Southwest Corner of the intersection of 8th Street and Avenue 0; THENCE East 75 feet to the Northwest Corner of Lot-1, Block 66, Original Town, the same being the Southeast Corner of the intersection of 8th Street and Avenue 0; THENCE South along the East Line of Avenue 0 and/or the West Line of Block 66, Original Town a distance of 260 feet to the Southwest Corner of Lot 10, Block 66, Original Town, the same being the Northeast corner of the intersection of 9th Street and Avenue 0; THENCE West 75 feet to the South Corner of Lot 10, Block 65, Original Town, the same being the Northwest Corner of the intersection of 9th Street and Avenue 0; THENCE North along the West Line of Avenue 0 and/or the East Line of Block 65, Original Town a distance of 260 feet to the point of beginning. TRACT 10 Avenue N from the South Line of 8th Street to the North Line of 9th Street described as follows: BEGINNING at the Northeast corner of Lot 20, Block 66, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the Southwest corner of the intersection of 8th Street and Avenue N; THENCE East 75 feet to the Northwest corner of Lot 1, Block 67, Original Town, the same being the Southeast corner of the intersection of 8th Street and Avenue N; THENCE South along the East Line of Avenue N and/or the West Line of Block 67, Original Town a distance of 260 feet to the Southwest corner of Lot 10, Block 67, Original Town, the same being the Northeast corner of the intersection of 9th Street and Avenue N; THENCE West 75 feet to the Southeast corner of Lot 11, Block 66, Original Town, the same being the Northwest corner of the intersection of 9th Street and Avenue N; THENCE North along the West Line of Avenue N and/or the East Line of Block 66, Original Town a distance of 260 feet to the point of beginning. TRACT 11 The East-West Alley in Carl Roberds Subdivision of the A. J. White Addition between 6th Street and 7th Street running from Avenue Q to Avenue P described as follows: BEGINNING at the Southwest corner of Lot 12, Carl Roberds Subdivision of the A. J. White Addition to the City of Lubbock, Lubbock County, Texas, the same being the intersection of the East Line of Avenue Q with the North Line of the East-West Alley in said Carl Roberds SubdivisionjI THENCE East along the North Line'of said alley a distance of 600 feet to the Southeast corner of Lot 1 of said Carl Roberds Subdivision the same being the intersection of the North Line of said alley with the West Line of Avenue P; THENCE South a distance of 20 feet to the Northeast corner of Lot 24 of said Carl Roberds Subdivision, the same being the intersection of the South Line of said Alley with the West Line of Avenue P; THENCE West along the South Line of said alley a distance of 600 feet to the Northwest corner of Lot 13 of said Carl Roberds Subdivision, the same being the intersection of the East Line of Avenue Q with the South Line of said alley; THENCE North a distance of 20 feet to the point of beginning. TRACT 12 Avenue P from the South Line of 6th Street to the North Line of 7th Street described as follows: Beginning at the Northwest corner of Lot 1, Block 33, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the intersection of the East Line of Avenue P with the South Line of 6th Street; THENCE South along the East Line of Avenue P and/or the West Line of said Block 33, Origi- nal Town and a 15 foot extension thereof a distance of 275 feet to a point 15 feet South of the Southwest corner of Lot 10, Block 33, Original Town; THENCE West 24.6 feet more or less to the Southeast corner of Lot 24, Carl Roberds Sub- division of the A. J. White Addition to the City of Lubbock, Lubbock County, Texas, the same being in the West Line of Avenue P; THENCE North along the West Line of Avenue P and/or the East Line of said Carl Roberds Sub- division a distance of 275 feet to the Northeast corner of Lot 1 of said Carl Roberds Subdivision, the same being the intersection of the South Line of 6th Street with the West Line of Avenue P; THENCE East a distance of 24.6 feet more or less to the point of beginning. TRACT 13 The North -South Alley in Block 34, Original Town between Avenue N and Avenue 0 and running from the South Line of 6th Street to the North Line of 7th Street described as follows: Beginning at the Northwest corner of Lot 20, Block 34, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the intersection of the South Line of 6th Street with the East Line of said North -South alley in Block 34, Original Town; 1� THENCE South along the East Line of said alley a distance of 260 feet to the Southwest corner of Lot 11, Block 34, Original Town., the same being the intersection of said East Line of said alley with the North Line of 7th Street; THENCE West a distance of 20 feet to the Southeast corner of Lot 10, Block 34, Original Town, the same being the intersection of the West Line of the North -South Alley of said Block 34, Original Town with the North Line of 7th Street; THENCE North along the West Line of said alley a distance of 260 feet to the Northeast corner of Lot 1, Block 34, Original Town, the same being the intersection of said West Line of said alley and the South Line of 6th Street; THENCE East a distance of 20 feet to the point of beginning. TRACT 14 The North -South Alley in Block 35, Original Town between Avenue M.-and Avenue N and running from the South Line of 6th Street to the North Line of 7th Street described as follows: Beginning at the Northwest corner of Lot 20 „ Block 35, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the intersection of the South Line of 6th Street with the East Line of said North -South alley in Block 35, Original Town; THENCE South along the East Line of said alley a.distance of 260 feet to the Southwest corner of Lot 11, Block 35, Original Town, the same being the intersection of said East Line of said alley with the North Line of 7th Street; THENCE West a distance of 20 feet to the Southeast corner of Lot 10, Block 35, Original Town, the same being the intersection of the West Line of the North -South Alley of said Block 35, Original Town with the North Line of 7th Street; THENCE North along the West Line of said alley a distance of 260 feet to the Northeast corner of Lot 1, Block 35, Original Town, the same being the intersection of said West Line of said alley and the South Line of 6th Street; THENCE East a distance of 20 feet to the point of beginning. TRACT 15 The North -South Alley in Block 36, Original Town between Avenue L and Avenue M and running from the South Line of 6th Street to the North Line of 7th Street described as follows: Beginning at the Northwest corner of Lot 20, Block 36, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the intersection of the South Line of 6th Street with the East Line of said North -South Alley in Block 36, Original Town; THENCE South along the East Line of said alley a distance of 260 feet to the Southwest corner of Lot 11, Block 36, Original Town, the same being the intersection of said East Line of said alley with the North Line of 7th Street; THENCE West a distance of 20 feet to the Southeast corner of Lot 10, Block 36, Original Town, the same being the intersection of the West Line of the North -South Alley of said Block 36, Original Town with the North Line of 7th Street; THENCE North along the West Line of said alley a distance of 260 feet to the Northeast corner of Lot 1, Block 36, Original Town, the same being the intersection of said West Line of said alley and the South Line of 6th Street; THENCE East a distance of 20 feet to the point of beginning. TRACT 16 The North -South Alley in Block 37, Original Town between Avenue K and Avenue L and running from the South -Line of 6th Street to the North Line of 7th Street described as follows: Beginning at the Northwest corner of Lot 20, Block 37, Original Town of theCity of Lubbock, Lubbock County, Texas, the same being the intersection of the South Line of 6th Street with the East Line of said North -South -Alley in Block 37, Original Town;. " THENCE South along the East Line of said alley a distance of 260 feet to the Southwest corner of Lot 11, Block 37, Original -Town, the same being the intersection of said East Line of said alley with the, North Line of 7th-Street; THENCE West a •distance of 20 feet to the Southeast corner of Lot 10, Block 37, Original Town, the same being the intersection of -the West Line,of theNNorthSSonbhAAl1" of sAtdtB&o'ck'A 7,OOr19Lna1 Town with the North Line of 7th Street; THENCE North along the West Line of said alley a distance of 260 feet to the Northeast corner of Lot 1, Block-37, Original Town, the same being the intersection of said West Line of said alley and the South Line of 6th Street; THENCE East a distance of 20 feet to the point of beginning. TRACT 17 Avenue P from the South Line of 7th Street to the North Line of 8th Street described as follows: BEGINNING at the Northwest corner of Lot 1, Block 49, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the intersection of the East Line of Avenue P with the South i Line of 7th Street; i I � THENCE South along the East Line of Avenue P and/or the West Line of Block 49, Original Town and along a 15 foot extension thereof a distance of 275 feet to a point 15 feet South of the Southwest corner of Lot 10, Block 49, Original Town; THENCE West a distance of 24.6 feet more or less -to a point 35 feet east of the Southeast corner -of Lot 24 of the W. S. Norton Addition to the City of Lubbock, Lubbock County, Texas, said corner being in the West Line of Avenue P; THENCE North along the West Line of Avenue P and/or a line parallel to and 35 feet east of the East Line of said W. S. Norton Addition a distance of 275 feet to a point 35 feet east of the Northeast corner of Lot 1 of said W. S. Norton Addition, the same being the intersection of the West Line of Avenue P with the South Line of 7th Street; THENCE East a distance of 24.6 feet more or less to the point of beginning. TRACT 18 The North -South Alley in Block 50, Original Town between Avenue N and Avenue 0 and running from the South Line of 7th Street to the North Line of 8th Street described as follows: BEGINNING at the Northwest corner -of Lot 20, Block 50, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the intersection of the South Line of 7th Street with the East Line of said North -South alley in Block 50, Original Town; THENCE South along the East Line of said alley a distance of 260 feet to the Southwest corner of Lot 11, Block 50, Original Town, the same being the intersection of said East Line of said alley with the North Line of 8th Street; i THENCE West a distance of 20 feet to the Southeast corner of Lot 10, Block 50, Original Town, the same being the intersection of the West Line of the North -South alley of said Block 50, Original Town with the North Line of 8th Street; j THENCE North along the West Line of said alley a distance of 260 feet to the Northeast corner of Lot 1, Block 50, Original Town, the same being the intersection of said West Line of said alley and the South Line of 7th Street; THENCE East a distance of 20 feet to the point of beginning. TRACT 19 The North -South Alley in Block 51, Original Town between Avenue M'and Avenue N and running { from the South Line of 7th Street to the North Line of 8th Street described as follows: BEGINNING at the Northwest corner of Lot 20, Block 51, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the intersection of the South Line of 7th Street with the East Line of said North -South alley in Block 51, Original Town; THENCE South along the East Line of said alley a distance of 260 feet to the Southwest corner of Lot-11, Block 51, Original Town, the same being the intersection of said East Line of said alley with the North Line of 8th street; THENCE West a distance of 20 feet to the Southeast corner of Lot 10, Block 51, Original Town, the same being the intersection of the West Line of the North -South alley of said Block 51, Original Town with the North Line of 8th Street; - THENCE North along the West -Line of said alley a distance of 260 feet to the Northeast corner of Lot 1, Block 51, Original Town, the same being the intersection of said West Line of said alley and the South Line of 7th Street; THENCE East a distance of 20-feet to the point of beginning. TRACT 20 The North -South Alley in Block 66, Original Town between Avenue N and Avenue 0 and running from the South Line of 8th Street to the North Line of 9th Street described as follows: r BEGINNING at the Northwest corner of Lot 20, Block 66, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the intersection of the South Line of 8th Street with the East line of said North -South alley in Block 66, Original Town; THENCE South along the -East Line of said Alley a distance of 260 feet to the Southwest corner of Lot 11, Block 66, Original Town, the same being the intersection of said East Line of said alley with the North Line of 9th Street; THENCE West a distance of 20 feet to the Southeast corner.of Lot 10, Block 66, Original Town, the same being the intersection of the West Line of the North -South Alley of said Block 66, Original Town with the North Line of 9th Street; THENCE North along the West Line of said alley a distance of 260 feet to the Northeast corner of Lot 1, Block 66, Original Town, the same being the intersection of said West Line of said alley and the South Line..of 8th Street; THENCE East a distance of 20 feet to the point of beginning.;. TRACT 21 The North -South alley in Block 67, Original Town between Avenue M and Avenue N and running from the South Line of 8th Street to the North Line of 9th Street described as follows: BEGINNING at the Northwest corner of Lot 20, Block 67, Original Town of the City of Lubbock, Lubbock County, Texas, the same being the intersection of the South Line of 8th Street with the East Line of said North -South alley in Block 67, Original Town; THENCE South along the East Line of said alley a distance of 260 feet to the Southwest corner -of Lot 11, Block 67, Original Town, the same being the intersection of said East Line of said alley with the North Line of 9th Street; THENCE West a distance of 20 feet to the Southeast corner of Lot 10, Block 67, original .Town, the same being the intersection of the West Line of the North -South alley of said Block 67, Original Town with the North Line of 9th Street; THENCE North along the West Line of said alley a distance of 260 feet to the Northeast corner of Lot 1, Block 67, Original Town,.the same being the intersection of said West Line of said alley and the South Line of 8th Street; THENCE East a distance of 20 feet to the point of beginning. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, its heirs and assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appur- tenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this 14th day of September, 1972. CITY OF LUBBOCK /s/ Morris W. Turner Mayor . ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. 72-31-380-923 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (24) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6443 on second and final reading. ORDINANCE NO. 6443 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT OUT OF LOT 1A, HANCOCK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY 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 EASEMENT. 72-31-380-924 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (25) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RF gnT_T1TTnN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock A Quit Claim Deed in favor of Clark Equipment Company, 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 14th day of September, 1972. i { /s/ Morris W. Turner Mayor ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer QUIT CLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK II THAT the CITX OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by CLARK EQUIPMENT COMPANY, a Delaware Corporation, the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUIT CLAIM unto the said CLARK EQUIPMENT COMPANY, all their right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: A portion of land out of Lot 1A, Hancock Addition to the City of Lubbock, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 3/8" iron rod set for the Northeast corner of said Lot lA and for the North- east and beginning corner of this tract; THENCE South 170 30' West, along the East line of Lot 1A, 344.79 feet to a point, a corner of this tract; THENCE South 130 111 West, 628.5 feet to a point in the South line of Lot lA for a corner of this tract; THENCE North 89° 58' West, along the South line of Lot 1A, 51.35 feet to a point, a corner II of this tract; THENCE North 13' 11' East, 642.06 feet to a point, a corner of this tract; THENCE North 17° 30' East, 308.20 feet to a point, a corner of this tract; THENCE North 570 39' West, 106.75 feet to a point, in the North line of T.ot lA for a corner of this tract; THENCE South 760 39' East, along the North line of Lot IA, 153.58 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner'belongiitg unto the said CIARK EQUIPMENT COMPANY, a Delaware Corporation, its heirs and assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any tight to the title to the aforesaid premises or appur- tenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this 14th day of September, 1972. .I CITY OF LUBBOCK /s/ Morris W. Turner Mayor ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney 72-31-381-925 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (26) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6444 on second and final reading. ORDINANCE NO. 6444 AN ORDINANCE ABANDONING AND CLOSING A POWER LINE EASEMENT IN THE SOUTH TWO (2) FEET OF LOT 633, MELONIE PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY 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 POWER LINE EASEMENT. 72-31-381-926 Motion was made by Councilman Ho'llingsworth, seconded by Councilman Baker, motion carried, Mayor (27) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6445 on second and final reading. ORDINANCE NO. 6445 _ AN'ORDINANCE ABANDONING AND CLOSING A PORTION OF THE EAST -WEST ALLEY IN BLOCK 19, COUNTRY _ CLUB ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-382-927 Motion was wade by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (28) Turner and Councilmen Hollingsworth, Jordan, Baker 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 for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Joseph William Duncan, 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 14th day of September, 1972. ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer gUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Morris W. Turner Mayor KNOW ALL MEN BY THESE PRESENTS THAT the CITY OF LUBBOCK,'a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by JOSEPH WILLIAM DUNCAN of the City of Lubbock, Lubbock County, Texas, the receipt of ohich-is hereby acknowledged, does hereby by these pre- sents ABANDON, DISCLAIM, RELEASE and FOREVER QUIT CLAIM unto the said JOSEPH WILLIAM DUNCAN, all their right title And interest in and to ihat certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: BEGINNING at the Northwest corner of Lot 13, Block 19, Country Club Addition to the City of Lubbock, Lubbock County, Texas; THENCE North 15 feet to the Southwest corner of Lot 12, Block 19, Country Club Addition; THENCE East a distance of 200.00 feet; THENCE South a distance of 15.00 feet; THENCE West a distance of 200.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privilegesi and appurtenances thereto in any manner belonging unto the said JOSEPH WILLLd,I`i DUtdCAN, of Lubbock County, Texas, his heirs and assigns, nor any persons claiming under it shall at any 'I time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this 14th day of September, 1972. CITY OF LUBBOCK /s/ Morris W. Turner Mayor ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO -FORM: /s/ Fred 0. Senter, Jr. 72-31-382-928 Mr. Mike Chillo appeared representing J. D. Lusby, requesting annexation of land approximately (6) three -tenths of a mile west of the city limits on the Levelland Highway. This request was taken under advisement. 72-31-382-929 The past few months the City Council and the Park and Recreation Board have been considering (7) a request that a neighborhood center facility be provided for the residents of the Chris Harwell area. One proposal considered was to locate a barracks structure from Reese Air Force Base on a portion of the Chris Harwell Elementary School Campus if School District approval could be obtained. Formal action on this matter has not been taken by the School Board, but it is our understanding the Board members have not been receptive to locating, a building of such construction on the school property. We further understand the School Board would likely look favorably upon a request to construct a new building on the school campus. The park site adjacent to the Chris Harwell School is too small to adequately accomodate a community center facility. The 1970 park bond fund program included three new community centers. There was some thought given then that one of these centers might possibly be located on the 4th Street and Zenith park site. No official action to locate a community center on this site. Recently the City Council asked that census data on the-4th and Zenith and the Chris Harwell neighborhoods be gathered. Copies of this information is attached for insertion into the agenda folders. Also attached is a map showing the approximate locations of existing and proposed neighborhood centers in the city. The Park and Recreation Board will recommend that a neighborhood center be constructed on the Chris Harwell School Campus 2rovided that adequate land may be obtained from the Lubbock Inde- pendent School District for this purpose. Mr. Garnett Reeves, Jr., a member of the Park and Recreation Board, appeared before the City Council and presented the above recommendations of the Park and Recreation Board regarding a community center building for the Chris Harwell area. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize the Parks and Recreation Department to proceed with plans for construction of this project on the Chris Harwell School Campus provided that adequate land may be obtained from the Lubbock Indiependent School District for this purpose. 72-31-382-930 The City Council considered the petition of E. G. White, Jr., Howard Hope and Dr. Sherman Hope (8) requesting the City to cooperate with them in clearing title to real estate in Westhaven Addi- tion. After consideration of all information presented, the City Council referred this petition to the City Attorney, Fred 0. Senter, Jr., for additional information and recommendations. 72-31-382-931 NOTICE OF PUBLIC HEARING (29) Notice is hereby.given of a public hearing on the proposed City of Lubbock, Texas, budget for the term October 1, 1972, through September 30, 1973. The public hearing will be held in the City Council Chambers on the second floor of the City Hall, Lubbock, Texas, on September 14, 1972, at 2:00 o'clock P. M. Any taxpayer of the City of Lubbock shall have the right to be present and participate in such hearing. /s/ Lavenia Lowe City Secretary -Treasurer City of Lubbock, Texas In accordance with the above Notice of Public Hearing, hearing was held on the proposed City of Lubbock, Texas, budget for the year October 1, 1972, through September 30, 1973. The following persons appeared requesting that the City Council reinstate the employees in the Sanitation Department who have been on strike and that their salaries'be increased in the amount of 15% as was requested: Rev. James Fitzgerald Rev. Antonio Gonzales Rev. Tom McGovern Robert Sanders Chon Garcia Clark Cochran Maurice Richard Froy Salinas Rev. Archie Echols T. 0. Moses Rev. Harold Waldow Sister Regina Foppe Susan Banks Calvin G. Evans P. B. Garcia Carolyn Chandler G. H. Acosta Isidro Guiterrez Joe Trujillo Robert Lugo Danny Williams appeared before the City Council requesting that they weigh carefully the proposed increase in taxes and if at all possible reduce taxes. Councilwoman Jordan asked Mr. Williams what category he recommends taxes be reduced? Mr. Williams said he thought the Canyon Lakes Project,. that its development perhaps.be held a few years. Frank L. Scruggs of 2521 221gd Street appeared before the City Council requesting that the weeds be mowed in the City Limits and that Lubbock be cleaned up in order that it can again be called a clean town. Mr. Hal Kilgore appeared representing the Lubbock Apartment Association and stated it is the opinion of the Association that all apartments should be classed as either commercial or resi- dential in order that the garbage charge might be uniform to these establishments. Dora Hale complained to the City Council that she had been unable to be inside the City'CounciI room for the budget hearing because of the large crowd. Mrs. Hale stated that she is against higher taxes, sewer charge and garbage charge. She also requested that the Sanitation workers salaries be increased as requested and that they be returned to work. Ann Frickie Whiteman appeared in protest to the sewer charge. There was other discussion in regard to whether or not there would be additional hearings for sanitation workers now on strike and whether or not they would be allowed to return to their former jobs. Mayor Turner stated that there will be no further public hearings and that Sani- tation Department employees whose places have not been filled will be allowed to return to work if they so desire at the rate of pay they were receiving at the time they went on strike. Mr. R. L. Isom, Jr., appeared before the City Council requesting -that a Charter Study Committee be elected.. Mr. James G. Marshall appeared before the City Council and stated in part, that the City of Lubbock form of government is "City Commission". Mr. Marshall requested that a Charter Committee t be elected. He alsQ discussed the City Charter -at length. At this time Councilwoman Jordan made the following statement: Ad Valore vs Service Charge 1. Combination voted for by public - perhaps without understanding of full implications. 2. $20,000 home (assessed for tax purposes @ $12,000) would pay $L.50/month equivalent. All less would be paying more in -take charges than in ad valorem taxes. i.e. This kind of ser- vice charge will hit hardest those least able to afford it. Arguments for: 3. Some may prefer to pay by the month rather than all at once. This is not a real savings. 4. Some may feel this gives renters a chance to pay that they wouldn't ordinarily do. But taxes can be passed on in the form of additional rent and this argument is not valid. 5. In principal I can support services charges on service rendered - as this $1.50 rate for individual households is calculated to do. 6. However, we are a long way from the limit of $2.50/$100valuation set by state laws, Service charges are usually used after ad valorem tax revenue has reached its Limit. 7. A final consideration is that ad valorem taxes are deductible on income tax --service charges are not. 8. True that the public voted for a combination of ad valorem and service charge to pay for new projects but I contend we already have a service charge. 9. Recommend tax rate to be set at $1.44 an increase of 30C/$100 valuation and that we postpone any sewage charge for at least a year: Councilwoman Jordan made the motion that the tax rate be set at $1.44 per $100 tax evaluation. This motion died for want of a second. Motion was made by Councilman Baker, seconded by Councilman Campbell that the City of Lubbock Budget for the fiscal year October 1, 1972, through September 30, 1973, be adopted in the amount of $5,583,326. This motion carried by the following vote: Mayor Turner, Councilwoman Jordan and Councilmen Baker and Campbell voting Yea, Councilman Hollingsworth voting Nay. li Motion was made by Councilman Baker, seconded by Councilman Campbell that Ordinance No. 6450 be passed on first reading setting the tax rate as follows: $.88 per $100 valuation to the Interest and Sinking Fund $.36 per $100 valuation to the General Fund $.05 per $100 valuation to the Board of City Development Fund This motion carried by.the following vote: Mayor Turner and Councilmen Hollingsworth, Baker and Campbell voting Yea, Councilwoman Jordan voting Nay. ORDINANCE NO. 6450 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL -PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1972; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITH THE TIME PROVIDED. 72-31-384-932 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (30) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6451 on first reading. ORDINANCE NO. 6451 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW SUB -SECTION C TO SECTION 29.3 PROVIDING FOR PROCEDURE TO SECURE PERMISSION TO MAKE EXCAVATIONS AND FILLS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-384-933 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (31) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION AUTHORIZING THE FILING OF A PRELIMINARY APPLICATION WITH THE DEPARTMENT OF TRANS- PORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964 AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain -obligations upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U. S. Department of Transportation in accord with the pro- visions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 I r P�~�M�NARY F �-Q8g4CKTCxpS PRQV�t4 A� I MASS TRp�Sp4Ri 11K4�'R TJAE rt 4� } g64 p�5P4R�p.�I4ty AC QRBAN MASS R 0CT0 RER, } 972 and the U. S. Department of Transportation requirements thereunder: NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City'of Lubbock 1. That the Mayor of the City of Lubbock is authorized to execute and file a preliminary application on behalf of the City of Lubbock, Texas, with the U. S. Department of Transporta- tion, to aid in the financing of Mass Transit Capital Improvements. 2. That the Mayor of the City of Lubbock is authorized to execute and file with such applica- tion an assurance or any other document required by the U. S. Department of Transportation effectu- ating the purposes df Title VI -of Ehe'•Civil�RighWAct of 1964. 3, That -Bill McDaniel, Director of Traffic, is authorized to furnish such additional informa- tion as the U. S. Department of Transportation may require in connection with the application of the project. Passed by -the City Council this 14th day of September, 1972. /s/ Morris W. Turner Mayor ATTEST: /a/ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney (SEE Page 385-A for Preliminary Application) 72-31-385-934 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (32) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6452 on first reading. ORDINANCE NO. 6452 AN ORDINANCE DESIGNATING THAT PORTION OF AVENUE M FROM TENTH STREET TO NINETEENTH STREET AS A ONE WAY STREET AND PERMITTING ONLY VEHICULAR TRAFFIC PROCEEDING NORTH ON SAID PORTION OF SAID STREET; DESIGNATING THAT PORTION OF AVENUE N FROM TENTH STREET TO NINETEENTH STREET AS A ONE WAY STREET AND PERMITTING ONLY VEHICULAR TRAFFIC PROCEEDING SOUTH ON SAID PORTION OF SAID STREET; PROVIDING FOR SIGNS TO INDICATE THAT PORTIONS OF STREETS ARE ONE-WAY; PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION HEREOF AS AN ALTERNATIVE METHOD OF PUBLICATION PROVIDED BY LAW. 72-31-385-935. Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (33) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to approve the price and conditions of sale of two parcels in the Coronado Project as follows: Parcel 47-2 (east 13 feet of west 237 feet) or west 13 feet of Lot 6, Block 47, Coronado Addition to Ed Deo for construction of a single family home for a consideration of $260. Parcel 47-2 (west 224 feet) or Lots 2, 3, 4 and 5, Block 47, Coronado Addition to the Truevine Baptist Church for a church development for a consideration of $4,480. 72-31-385-936 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (34) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to approve the price and conditions of sale of two parcels in the Guadalupe Area. Parcel 5F-4-7 (north 77 feet of the south 83 feet) to Gonsalo Villareal for construction of a single family residence for a consideration of $1,990. Parcel 5F-5-1 (south 30.5 feet) to Felimon Jimenez, commercial to be used for future expansion for a consideration of $1,830. 72 -31-385-937 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (35) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6453 on first reading. ORDINANCE NO. 6453 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK APPROVING A MINOR CHANGE TO THE AMENDED URBAN RENEWAL PLAN FOR THE MEMORIAL CENTER PROJECT AS APPROVED BY ORDINANCE NO. 6273, FINALLY PASSED ON JANUARY 13, 1972. 72-31-385-938 Motion was made by Councilman Campbell, seconded by -Councilman Hollingsworth, motion carried, (36) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to grant the request of the Lubbock Independent School District to pave the north one-half of Cornell Street between Avenue U and Avenue T. 72-31-385-939 (37) Motion was made by Councilmen Campbell, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, the City Council has heretofore determined that the City would contribute the customary city portion of the cost of street paving improvements, as determined by City of 72-31-386-940 (38) Lubbock paving policy, to be constructed in accordance with t)ie standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Cornell Street from the East Lip Line of North Avenue "U" to 5.0 feet West of the West Property Line of North Avenue "T", have requested permission to have pavement improvements constructed on the aforementioned.street and the paving of said street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifi- cations,for such improvements, and, WHEREAS, the Lubbock Independent School District, the owners of the,property abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the above - mentioned plans and specifications under the supervisions of the City Engineer, and the said owners desire that the City contribute its customary share towards such -paving, and, WHEREAS, the contract cost of the paving improvements Will not exceed $3,762.26, the total cost not over $3,950.37, and the City's share in connection therewith would not exceed $282.73, leaving the property owner's portion not to exceed $3,667,64, such costs. being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $282.73 will be duly budgeted, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street herein described, provided that such plans and specifi- cations meet the usual requirements for paving on streets within the corporate limits of the City of Lubbock; and streets being as follows, to -wit: Cornell Street from theEast Lip Line of North Avenue "U" to 5.0-feet West of the West Property Line of North Avenue "T" known and designated as Unit Number 2226-57. The City Engineer is further authorized and directed to duly inspect said paving construc- tion on said street and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Council, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $94.62 which is the City's share ($282.73 less $188.11 engineering), leaving the amount due the contractor from the property owners not to exceed $3,667.64. Section 2. This authority is conditioned that the owners of abutting property and the contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims, or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance, policies, that the said owners of abutting property will cause such' paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer all improvements designated herein shall be a permanent part of said street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum of $94.62 to the contractor. On motion of Councilman Campbell, seconded by Councilman Hollingsworth, the foregoing reso- lution was unanimously passed by the City Council this 14th day of September, 1972. Isl Morris W. Turner Mayor ATTEST-: Isl Lavenia Lowe City Secretary The owners,of abutting property on the abovementioned street, and W. D. Turner Construction Company, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. APPROVED: Isl Wilford D. Watson City Engineer APPROVED: Isl Fred 0. Senter, Jr. City Attorney W. D. Turner Construction Co. By Isl W. D. Turner LUBBOCK INDEPENDENT SCHOOL DISTRICT By Isl Harold Glasscock Motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker 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: ..0 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 the Urban Renewal Agency of the City of Lubbock for street paving engineering services, 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 14th day of September, 1972. /s/ Morris W. Turner Mayor ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Set in contract.. See Page 387-B 72-31-387-941 Motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried, (39) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker 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, Lots 164, 180, 181, 182, 183, 198, 199,200 and 201, 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: Topeka Avenue from 19.36 feet South of Southwest end of radiug of Bates Street (S. Leg) to the NLL of Amherst Street, Auburn Street from the East Lip Line of Topeka Avenue to 100.0 feet East of EPL of Topeka Avenue (N. Leg). Amherst Street -from 3.0 feet West of alley West of Toledo Avenue (N. Leg) to 43.44 feet West of WPL of Topeka Avenue (N. Leg) -AND•WHERIAS, 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. Ix. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14th DAY OF SEPTEMBER, 1972. FIN 44*10 /s/ Lavenia Lowe City Secretary /s/ Morris W. Turner Mayor APPROVED: APPROVED /a/ Wilford D. Watson /s/ Fred 0. Senter, Jr. City Engineer City Attorney CONSOLIDATED FINAL ESTIMATE LA FIESTA ADDITION Accepted September 14, 1972 -- - - - S.Y. S.Y. L.F. Alley Ret. S.Y. Unit & Paving Curb & & Drainage Valley ub Unit Location 6 " Base Gutter Channels Gutter I NS 2014479 Topeka Avenue from 19.36 feet S. of SW end of radius of Bates St. ,I (S. Leg) to the NLL of Amherst St. 2,532.26- 1,338.10 I 52.54 ,F_ NS 201440 Auburn Street from the East Lip 380.44 248.54 52.54 Line of Topeka Avenue to 100 feet East of EPL of Topeka Avenue (N. Leg). NS 2014-81 Amherst Street from 3.0 feet West of alley West of Toledo Avenue (N. Leg) to 43.44 feet West of WPL of Topeka Avenue (N. Leg). TOTAL CONTRACT QUANTITIES COST ESTIMATE 3,458.55 S.Y. Paving 6" Base 1,819.68 L.F. Curb & Gutter 14.44 S.Y. Alley Return & Drainage Channel 105.08 S.Y. Valley Gutter COST DISTRIBUTION 545.85 233.04 14.44 3,458.55 1,819.68 @ $2.00 @ $2.10 @ $8.00 @ $8,00 CONTRACT. COST 14.44 105.08 $ 6,917.10 3,821.34 115.52 804.64 $11,694.60 Unit & Contract Property Owner Sub -Unit Cost Cost NS 2014-79 NS 2014-80 NS 2014-81 82294.85 . . 1, 703.14 1,696.61 8,294.85 1,703.14 1.6.96.61 TOTAL $11,694.60 $11,694.60 72-31-388-942 Motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried, (40) Mayor Turner and Councilmen Hollingsworth,.Jordan, Baker and Campbell voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF A STREET AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Zahn Pavers, Inc,, (G.W.O, 10,733-A) for the making and construction of street improvements on portions of a street 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 a line 16.00 feet West of the West Property Line of Utica Avenue known and designated as Sub -Unit Number 13 of Unit Number 2220. AND WHEREAS, the improvements upon the said portions of the abovementioned street has 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 street be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the street 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 refer- ence 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 14TH DAY OF SEPTEMBER, 1972. ATTEST: Isl Lavenia Lowe, City Secretary APPROVED: Isl Wilford D. Watson City Engineer Isl Morris W. Turner Mayor APPROVED: Isl Fred 0. Senter, Jr. City Attorney CONSOLIDATED FINAL ESTIMATE G.W.O. 10,733 Accepted September 14, 1972. QUANTITIES S.Y. Unit & Paving L.F. Sub -Unit Location 6" Base C & G 2220-13 COST ESTIMATE 2,654.86 1,299.80 62nd Street f*om 13.00 feet West of the WPL of Toledo Avenue to 16.00 feet West of the WPL of Utica Avenue. 0 116CA� S.Y. Paving 6 " Base L.F. Curb & Gutter 2,654.86 1,299.80 2,654.86 1,299.80 @ $1.67. $4,433.62 @ $2.00 2,599.60 CONTRACT COST $7,033.22 COST DISTRIBUTION Property *Previous Unit & Contract Owner City to Monthly Sub -Unit Cost Cost Contractor Payment 2220-13 $7,033.22 $6,720.00 $313.22 $2,248.34 Total Contract Cost $7,033.22 Less Previous Payments 2,248.34 City to Contractor $4,784.88 * On monthly payments, 10% is retained; this column reflects only the amount received by the Contractor. 72-31-389-943 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (42) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6454 on first reading. ORDINANCE NO. 6454 AN ORDINANCE ABANDONING AND CLOSING 2 FOUR FOOT UNDERGROUND UTILITY EASEMENTS IN THE RAIN - TREE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY 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 UNDERGROUND UTILITY EASEMENTS. 72-31-389-944 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (43) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6455 on first reading. ORDINANCE NO. 6455 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 2 OF THE NAMRON ADDI- TION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72 -31 -389-945 Motion was,made by Councilman Baker; seconded by Councilwoman Jordan, motion carried, Mayor (48) Turner and Councilmen Hollingsworth, Jordan_, Baker and Campbell voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, it has been determined by the City Council upon information by the Traffic Engineer that the increased traffic along a portion of Fourth Street within the City of Lubbock, Lubbock County, Texas, necessitates the widening and improving of Fourth Street; and, WHEREAS, it is necessary to acquire for street and highway right of way purposes the fee simple title to the land hereinafter described, owned by American Petrofina Company; and, WHEREAS, the City Council has caused an appraisal to be made of said land and the value and total damages, if any, to the owners and all others, whose interest may appear, for fee simple title to said land have been appraised in the amount of $11,880.00, and the Council finds such amount to be -fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of widening and improving the public street known and described as Fourth Street, the fee simple title to the land lying and being situated in Lubbock County, Texas, and more particularly described as follows, to -wit: Being 2,205.75 square feet out of Lot 24, Merritt & Wild Addition of Block 14, Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas, according to a plat of said Addition recorded in Volume 26, Page 82, of Plat Records of Lubbock County; and being the same property described in a Deed from American Petrofina Company of Texas to AMPCO Corporation dated November 12, 1959, recorded in Volume 768, Page 696, Deed Records of Lubbock County, Texas; said 2,205.75 Sq. Ft. of land being more particularly described by metes and bounds as follows: BEGINNING at a point 122.5 feet south of the northwest corner of the south 1/2 of Lot 22 of Merritt & Wild Addition of Block 14 of Roberts and McWhorter Addition said point being in the north line of U. S. Highway 82 (4th Street); THENCE North along the west line of Lot 24 a distance of 17.3 feet to a point in the proposed north line of U. S. Highway 82; THENCE N890 591 East along the proposed north right-of-way line of U. S. Highway 82 a distance of 127.5 feet to a point in the east line of Lot 24; THENCE South along said line of Lot 24 a distance of 17.3 feet to a point; THENCE S 89° 59' West along the existing north line of U. S. Highway 82 a distance of 127.5 feet to the PIACE OF BEGINNING. THAT owner, American Petrofina Company, and all others, if any, whose interest may appear, be offered through the Right -of -Way Department the amount appraised as the value and total damages, if any, for the fee simple title and acquisition of said -land for the.purposes herein stated, for the use and benefit of the City of Lubbock and unless ocpepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire the fee simple title to said land as hereinabove described for street purposes. Passed by the City Council this 14th day of September, 1972. /s/ Morris W. Turner Mayor ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney 72-31-390-946 Mr. E. P. Looney, Internal Auditor of the City of Lubbock, appeared before the City Council and (52) gave a report regarding expenses of recovery from the May 1970, tornado damage. The City Council commended Mr. Looney for the thoroughness of this report. Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell -voting Yea, none voting Nay, that the City Council express appreciation to the President of the United States for the cooperation of the Federal Government received during this recovery period. CITY OF LUBBOCK MEMO TO: The Honorable Mayor . and Members of the City Council City of Lubbock Lubbock, Texas FROM: E. P. Looney SUBJECT: Tornado -- Expenses of Recovery Operations and Repairing and Restoring City Facilities. By letter dated August 29, 1972, we received a check for $11,376.83 from the Texas Department of Public Safety. The check was for final.settlement of Federal Assistance with disaster recovery operations relating to the May 11, 1970, Tornado. The City has previously received $2,000,000 in Federal disaster assistance. The following is a summary of Financial data relating to the tornado: Total Damage Estimates: (as of 9/30/70) Total Direct Expenditures: Savings from Repair Estimates Total Direct Expenditures Less: Insurance Settlements: $ 889,828.53 Sale of Salvage & Scrap Materials:-24,991.60 OEP Assistance 2,011,376.83 Net Charge to Fund Balance - Prior Year Reserve for Tornado Expenses Net Charge to Fund Balance To be Readded to Fund Balance Comments: $3,203,921.70 _21945.940.62 2572981.08 $2,945,940.62 $2,926,196.96 $ 19,743.66 $ 1693008.00 $ 19,743.66 $ 149, 264.34 1. The net amount of $19,743.66 charged to the General Fund Balance summarizes the 'but of pocket cost" over and above normal operating expenses. It is not the total cost to the City. It does not include indirect expenses and other expenses which were not eligible for Federal Disaster Assistance. Regular pay for normal duty hours of regular employees is not included. Added cost for fringe benefits; social security, retirement, workmen's compensation insurance, etc. and vehicle operating expenses; are not included -although some reimbursement was received from the Federal Government. The net charge to the fund balance was less than initially anticipated since some insurance settlements received were more than the cost of repairs. As stated, the net change to fund balance reflects 'but of pocket cost" over and above normal operating expenses. 2. The limited impact on the fund balance is attributed to the following: A. Concern shown by our elected Federal and State Officials. B. Joint Federal, State and City estimates of damages were thorough. C. Federal Officials were reasonable in their consideration of some borderline items. D. Policy decisions by the former City Council that gave the Manager and Staff support ' and allowed much Staff initiative in conducting recovery operations and making repairs. An early key decision by the Council utilized the existing management structure in conducting emergency operations. This was enhanced by the former City Manager's pre- vious experience with a similar disaster. E. The decision to engage an Architect to supervise repair of all damaged buildings and facilities. F. The Staff's willingness to play by the rules -- to observe Federal requirements and not try to exceed the scope of assistance approved by Federal Officials. In the Finance Department, we especially appreciate this cooperation. It gave us the opportunity to get any questions resolved and approved in advance. We did not hesitate to press for exceptions where warranted and insist on reviews of adverse decisions. G. In summary, through full cooperation of Federal, State and City Governments, the poten- tial impact of the disaster to the City and its citizens was minimized. This report concerns the minimum financial impact on the City's Government. It is important to remember that the funds expended were for recovery operations for: Search and rescue, protection of property, providing emergency housing, providing other relief operations and restoring the City's capability to continue governmental services to our citizens. I think that I can speak for the entire City Staff and say that we are proud that we had the opportunity to serve during the emergency and during recovery operations. /s/ E. P. Looney Internal Auditor 72-31-391-947 The City Council considered the counter offer of J. B. Taylor to sell all of Lot 1 and the east (46) 52.25 feet of Lots 2 and 3, Block 7, Liff Sanders Addition to the City of Lubbock. The City originally offered Mr. Taylor $20,000 for this property and he countered with $25,000. It was unanimously agreed by the City Council to authorize the Right of Way Department to continue negotiations for the purchase of this property. This property is located at Avenue H and 3rd Street. 72-31-391-94.8 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (47) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to purchase property at 1912 4th Street from Duane Housouer for a consideration of $26,200. This is for the widening of 4th Street. Being 1,806.84 Sq. Ft. out of Lot 1, Block 6, of the Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas, according to a plat of said Addition recorded in Volume 584, Page 161, of Plat Records of Lubbock County; and being the same property described in a Deed from Samuel D. Levenson, et us, Norma, to S.D.L. Land Company, Inc., dated March 26, 1964, recorded in Volume 982, Page 376, Deed Records of Lubbock County, Texas; said 1,806.84 Sq. Ft. of land being more particularly described by metes and bounds as follows: BEGINNING at a point 170 Meet south of the northwest corner of Lot 1, Block 6, Roberts & McWhorter Addition, said point being in the existing north line of U.S. Highway 82 (4th Street); THENCE, North along the west line of Lot 1, Block 6, a distance of 18.9 feet to a point in the proposed north line of U. S. Highway 82; i THENCE N 890 57' East along the proposed north right of way line of U.S. Highway 82 a distance of 95.6 feet to a point in the east line of Lot 1, Block 6; THENCE South along said line a distance of 18.9 feet to a point; THENCE, S 890 57' West along the existing north line of U.S. Hwy 82 a distance of 95.6 feet to the place of beginning. 72-31-391-949 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (53) Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, Mayor Turner voting Nay, to pass Ordinance No. 6456 on first reading. ORDINANCE NO. 6456 II AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 26 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 26-48.1 LEVYING AN OCCUPATION TAX ON COIN -OPERATED MACHINES; ADDING A NEW SECTION 26-48.2 PROVIDING FOR A LICENSE TO OPERATE AN ESTABLISHMENT WITH COIN OPERATED MACHINES; ADDING A NEW SECTION 26-48.3 PROVIDING FOR APPLICATION FOR SUCH LICENSE; ADDING A NEW SECTION 26-48.4 PROVIDING HOURS AND MANNER OF OPERATION; ADDING A NEW SECTION 26-48.5 PROVIDING FOR PENALTY FOR VIOLATION OF ABOVE SECTIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR.PUBLICATION. 72-31-392-950 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (54) Turner and Councilmen Hollingsworth, Jordan, Baker 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 for and on behalf of the City of Lubbock a Lease Agreement in favor of the FEDERAL AVIATION AUTHORITY -for Air Traffic Control tower space at Lubbock Regional Airport, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of September, 1972. /s/ Morris W. Turner Mayor ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney Set in Lease Agreement. (See Page 392-A) 72-31-392-951 Personal Property Taxes Real Estate Taxes (55) Year Amount Year "See detailed list in Perma- 1959 $ 1.50 1949 nent File" 1961 7.50 1950 1962 10.50 1951 1964 6.00 1952 1965 30.68 1953 1966 118.00 1954 1967 270.22 1955 1968 219.24 1956 1969 370.44 1957 1970 328.32 1958 - 1959 Total $ 1,362.40 1960 1961 1962 1963 1964 1965 1966 1967' 1968 1969 1970 Total Amount 11.02 14.25 14.25 25.35 25.35 83.75 77.55 77.55 77.55 77.55 69.09- 33.00 11.25 11.25 11.25 11.25 13.33 51.80 69.62 47.41 35.21 544.20 $ 1,392.83 Motion -was made by Councilman -Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to authorize charge off of real and personal property taxes in the amount of $2,755.23. 72-31-392-952 The City Council considered the claim of Mrs. George M. Atwood in the amount of $435.29 for (57) overflow of sewage in her home at 4936 47th Street. Mrs. Atwood appeared in regard to this claim. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to deny this claim; however, Councilwoman Jordan requested that the engineering department investigate the cause of the sewage problem in this area and see if in fact there is a malfunction of the City's sewage facilities. 72-31-392-953 The City Council considered the claim of Allen Johnson in the amount of $48.25 for a plumbing (57a) bill. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to deny this claim. 72-31-392-954 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (58) Turner and Councilmen Hollingsworth, Jordan, Baker 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 for and on behalf of the City of Lubbock a CLINIC AFFILIATION AGREEMENT between the City of Lubbock and Texas Tech University School of Medicine for the operation of a Maternity Clinic 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. M ATTEST: Isl Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. City Attorney THE STATE OF TEXAS: Isl Morris W. Turner Mayor CLINIC AFFILIATION AGREEMENT COUNTY OF LUBBOCK: THIS AGREEMENT MADE AND ENTERED INTO this 14th day of September, 1972, by and between the City County Maternity Clinic of the city of Lubbock in Lubbock County, Texas by its lawfully appointed Governing Board, hereinafter called "Clinic" and TEXAS TECH UNIVERSITY SCHOOL OF MEDICINE AT LUBBOCK, by the Board of Regents of Texas Tech University, acting in its capacity as the governing Board of Texas Tech University School of Medicine at Lubbock, hereinafter called "University". WITNESSETH WHEREAS, the Clinic operates a Maternity Clinic in facilities located at 1202 Jarvis, Lubbock, Texas, and WHEREAS, the University operates a medical school, and WHEREAS, the Parties desire to advance medical and allied health education and aid in meeting the ever increasing demand in the State and the Nation for additional health manpower, and WHEREAS, it is deemed advisable and to,the.best intrerest of the Parties to establish an affiliation for the purpose of carrying out these objectives; NOW THEREFORE, for and in consideration of the foregoing and in furhter consideration of the mutual benefits, the Parties hereto agree as follows: 1. Term. The term of this contract shall begin on the date of its execution and shall continue for an indefinite period provided, however, that either Party shall have the right to terminate this agreement by giving one year prior written notice of intent to terminate to the other Party if the agreement proves to be mutually or separately not beneficial. 2. Clinic Included. This contract includes City County M_ate_rnity-Clinic, hereinafter called "Clinic". 3. Administration. a. General. The Clinic shall discharge the direct administrative, financial and legal responsibilities for health care programs within the Clinic. The University shall administer all educational and training programs. Insofar as practicable, the administrative subunits (both educational and service) shall be similar to those used within the University School of Medicine to expedite communications and pro - tram coordination. b. Advisory Committee. i. Purpose. The University shall establish an academic Advisory Committee which will concern itself with matters involving the education, training and research programs at the Hospital, and including academic staff appointments. ii. Meetings. The Advisory Committee shall meet when called by the Chairman and shall meet upon the written request of either Clinic or the University. 4. Service Responsibilities. The patient care and service functions are the direct responsibility of the Clinic. In these matters, the University and its staff shall be advisory. 5. Educational and Training Programs. Educational and Training programs are defined as those programs in which a collegiate degree or national recognized certification is involved. These programs shall include medical student education, internships, residency, nursing educa- tion, and such other programs as fall in the above definition. The University shall appoint all interns, resident physicians and other categories of medical and health personnel trainees in the Clinic. Educational programs for students who are candidates for the M.D. degree are the direct responsiblity of the Dean and the Departmental Chairmen in the University School of Medicine. They may delegate responsiblity directly to the faculty at the Clinic. All such programs must be formally approved by the Dean of the University School of Medicine. Nothing in this contract shall be construed as discouraging or prohibiting the teaching of students from other accredited Medical Schools or Health Training Programs. In all instances, such programs shall be established by agreement between the University and the other accredited Medical Schools or Health Training Programs, subject to the approval of the Clinic. 6. Volunteer Medical Staff Partici ation. The parties recognize that it is the essence of this plan to encourage the members of the bolunteer medical staff of the Clinic to maintain and increase their individual participation in the teaching and research program. 7. Research. It is understood that research programs based in the Clinic will be encouraged in order to strengthen the academic program and that the Clinic shall have the guidance and advice of the University in developing such programs. 8. Professional Fees. When professional fees generated in the Clinic are used for compensation of the part-time or full-time academic staff of the Clinic, the arrangement will be subject to mutual approval by the University and the Clinic and be in accord with established appropriate ethics of the medical profession. 9. Amendments. This Agreement may be amended in writing to include such pro- visions as the Parties may agree upon. .10. Venue. Venue in any action at law.on equity in relation to and in connection with this Agreement shall be Lubbock County, Texas. IN WITNESS WHEREOF, the Parties have hereunto set their hands, the day and year first above written. ATTEST: /s/ Lavenia Lowe City Secretary APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney ATTEST : . /s/ Mrs. Freda Pierce Secretary THE CITY OF LUBBOCK /s/ Morris W. Turner Mayor TEXAS TECH UNIVERSITY SCHOOL OF MEDICINE AT LUBBOCK /s/ Bill E. Collins Chairman, Board of Regents of Texas Tech University, acting in its capacity as the govern- ing board of Texas Tech University School of Medicine at Lubbock 72-31-394-955 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion (59) carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker 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 for and on behalf of the City of Lubbock a Change Order in the contract be- tween the City of Lubbock and Rickets Supply Company for kitchen equipment at Meadow - brook Clubhouse, 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 14th day of September, 1972. ATTEST: /s/ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter City Attorney CHANGE ORDER /s/ Morris W. Turner Mayor PROJECT: KITCHEN EQUIPMENT FOR MEADOWBROOK CLUBHOUSE (name, address) LUBBOCK, TEXAS TO (Contractor) Rickets Supply Co. ARCHITECT'S PROJECT NO: 7110-B 419 Avenue M CONTRACT -FOR: Kitchen Equipment Lubbock, Texas Contract Date: February 22, 1972 You are -directed to make the following changes in this Contract: Furnish and install the following: One (1) #2002 stainless steel pan 2" deep One (1) #2004 stainless steel pan 4" deep -- Two (2) #2006 1/4 stainless steel pan 6" deep One (1) Adapter Bar Three (3) #2006 1/3 stainless steel )pan 6" deep r One (1) #2002 1./2 stainless steel pan 2" deep Two (2) 8 1/2" round stainless steel insets No covers are to be provided. The original contract sum was Net change by previous.Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be (increased) by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged The Date of Completion as of the date of this Change Order /s/ Bill W. Contrell Is/.J. L Ricketts Date - 8/25/72 . Date - 8/25/72 $3,859.00 $ 525.00 $3,334.00 $ 69.60 $3,403.60 therefore is /s/ Morris W. Turner Date 9/15/72 72-31-395-956 The following bids were received for the purchase of direct burial cable for warehouse stock, (60) . being Bid No. 2145. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbelt voting Yea, none voting Nay., to accept the bid of Graybar Electric Co. for the purchase of Items 1 and 3; and accept the bid of Fields & Co. for the purchase of Item 2. 72-31-395-957 The following bids were received for the purchase of five submersible pumps and motors for (61) Water Production, being Bid No. 2142. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor'Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to accept the bid of Peerless Pumps, Plainview, Texas, for the purchase of submersible pumps and motors. 72-31-395-958 The following bids were received for the purchase of safety platforms, catwalks, stairs and (62) ladders for the Coliseum, being Bid No. 2139. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and'Campbell voting.Yea, none voting Nay, to accept the bid of James E. Walker & Co. for safety platforms, catwalk, stairs and ladders for the Coliseum. It was unanimously agreed by the City Council that funds for purchase under Bid No. 2139'will be authorized in the 1972-73 City of Lubbock Budget. 72-31-395-959 Motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor (68) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to authorize Change Order No. 3 to L. H. Lacy Co. in connection with Project No. 8-48-0138-01 for'runway and taxiway improvetaents at the Lubbock Regional Airport. CHANGE ORDER NO. 3 Runway and Taxiway Improvements Lubbock Regional Airport Lubbock, Texas ADAP Project No. 8 -48 -0138 -01 TO: L. H. Lacy Company P. 0. Box 20297 Dallas; Texas 75220 General Description of Work Included in Contract: Construct approximately 220,000 square yards of rigin pavement on new and reconstructed taxiways, construct service road and driveways, install medium intensity taxiway lighting, install high intensity lighting on NIS Runway, con- struct drainage structures, and other related items or work. Original Amount of Contract $ 4,688,732.10 Change Order No. 1 (Add) 30,000.00 Change Order No. 2 (Add) 8,725.00 Change Order No. 3 (No change) -0 - Adjusted Contract Price $ 4,727,457.10 Adjustment in Construction Time None WHEREAS, it is desirable to make changes in the materials used in the Cement -Treated Sub - grade and the Soil -Dement Subbase Course to be constructed under this project: THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and the Contractor agree to the following changes: 1. Modify the specification's set forth in Section 3 of the Contract Documents for Cement - Treated Subgrade, FAA Item P-155 (Modified), to permit lime treatment of this Sub - grade. Lime -Treated Subgrade shall be constructed -in accordance with ITEM P-155 LIME -TREATED SUBGRADE of the "Standard Specifications for Construction of Airports", published by the Department of Transportation, Federal Aviation Administration, Washington, D. C., dated May 1968, with the following modifications: (a) Hydrated lame as specified in paragraph 155-2.1 shall be used for treatment. (b) Lime shall be applied at a rate to be determined by the Engineer. (c) The entire thickness of the treated subgrade shall be compacted to a density of at least 95% of maximum density at optimum moisture, as determined by compaction con- trol tests in Item T-611, given in the Appendix of the Contract Documents. There shall be no change in the contract unit prices for the items of work affected by this substitution of lime for cement. The contract unit price per barrel for cement used in the subgrade shall apply to an equal weight of lime. 2. Modify the specifications set forth in Section 4 of the Contract Documents for Soil - Cement Subbase Course, FAA Item P-301, to allow the'Contractor to obtain the soil for the subbase from areas off the airport site instead of from cut or borrow areas on the airport. Paragraph 4-2.3 Soil, of the Contract Documents shall be revised to read as follows: "4-2.3 Soil The soil shall consist of an approved select soil. The soil shall be free of roots, sod, weeds and shall not contain gravel or stone retained on a 2-inch sieve or more than 45% retained on,a'No. 4 sieve, as determined by AASHO T 27. Soil used in soil -cement subbase shall be obtained from cut or borrow areas on the airport, or from other approved sources." The soil -cement mixture shall meet the requirements specified in Paragraph 4-3 of the Contract Documents. Payment for soil used in soil -cement shall be as specified in Section 4 of the Contract Documents. There shall be no change in the contract unit prices for items of work affected by this revision. The aforementioned changes, and work affected thereby, are subject to all contract stipu- lations and covenants. The Owner and the Contractor agree that there will not be an adjustment to the time allowed for completion of the project for the above -listed changes. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 14th day of September, 1972. RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By , , 1972 APPROVED: L. H. LACY COMPANY, Contractor By , , , 1972 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By /s/ Morris W. Turner, ' Mayor, ' .. , 1972 ATTEST /s/ Lavenia Lowe City Secretary -Treasurer APPROVED: FEDERAL AVIATION ADMINISTRATION Chief, By _ _ Airports Branch , , 1972 72-31-396-960 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (41) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to authorize final payment to Holloway Contracting Co. in the amount of $4,519.56 for sewer and $2,101.05 for water to Commander's Palace Mobile Home Park. Certificate of Completion September 13, 1972 Honorable H&yor and City Council City of Lubbock, Texas Gentlemen: On September 13, 1972, In inspected the Commanders Palace Mobile Home Park Water Lines, W.W.O. 7866, dated March 23, 1972, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Yours very truly, /s/ Wilford D. Watson City Engineer CONTRACTORS AFFIDAVIT ON CLOSING .JOB_ STATE OF TEXAS 0 COUNTY OF LUBBOCK 0 r. . 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 March 23, 1972, for Commander's Palace Mobile Home Park Water Lines under W.W.O. 7866, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor , have been satisfied by payment to the claimant, his authorized agent or attorney, and full re- lease of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County, I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 8th day of September, 1972. Holloway Contracting Co., Inc. /s/ Jim R, Holloway Attest: Isl Gary W. Holloway - Secretary - Treasurer Subscribed and sworn to before me this the 8th day of September, 1972. /s/ Jackie Miller Notary Public in and for Lubbock County, Texas Certificate of Completion September 13, 1972 Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On September 13, 1972, I inspected the Commander's Palace Mobile Home Park Sanitary Sewer Lines, G.W.O. 3057, dated March 23, 1972, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Yours very truly, /s/ Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared 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 March 23, 1972, for Commander's Palace Mobile Home Park Sanitary Sewer Lines, under G.W.O. 3057, 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 ex- pense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 8th day of September, 1972. Holloway Contracting Co., Inc. /s/ Jim R. Holloway Attest: /s/ Guy W. Holloway Secretary -Treasurer Subscribed and sworn to before me this the 8th day of September, 1972. Isl Jackie Miller Notary Public in and for Lubbock County, Texas i NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY -COUNCIL ADJOURNED FROM REGULAR MEETING, SEPTEMBER 14, 1972. MORRIS W. TURNER, MAYOR ATTEST: Lave is Lowe, Ci Secretary -Treasurer -READ AND APPROVED THIS THE 28th DAY OF SEPTEMBER. , 1972. MORRIS W. TURNER, MAYOR ATTEST: r -t Laveni& Lowe, City Se etary-Treasurer