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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/9/1972r NOVEMBER 9, 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: Mayor Morris W. Turner, Councilman Lonnie F. Hollingsworth, Councilwoman Carolyn Jordan, Council- man John E: Baker, Councilman Bryce Campbell, City Manager N, B. McCullough, City Attorney Fred 0. Seater, Jr., Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: hone :-31-458-1129 The invocation was given by Fred 0, Seater, Jr., City Attorney. :-31-458-1130 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) .-31-458-113,1 Motion was made by Councilman Hollingsworth, 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 Meeting held-October-25; .1972, and Regular Meeting held October 26, 1972. .-31-458-1132 Mayor Morris W. Turner was absent at the time action was taken on this Item. Mayor'Pro Tem (9) Lonnie F. Hollingsworth presided. Mr. Garnet Reeves, Jr., a member of the.Parks and Recreation Board, appeared before the City Council and -presented the, following items: a. A report on community center for the Chris Harwell neighborhood. b. A request for the installation of lights on two, existing baseball diamonds and a press box on one of these. c. A request for the City Council to make application for a neighborhood facilities grant to enlarge the park site adjacent to Parkway Elementary School. t-31-458-1133 For some time, the City Council and the Park and Recreation Board have been considering a re- (9a) quest that a neighborhood center be provided for the residents of the Chris Harwell area. On September 14, the Council authorized the Park and Recreation Board to proceed with construction plans " . . . provided that adequate land may be obtained from the Lubbock Independent School District -for this purpose". It was the thinking at that time that the center should be built on.the Chris, Harwell school grounds since the adjacent,park site was too small to accomodate this facility. The School Board recently considered this matter and decided they preferred that the proposed building be constructed -on the adjacent park property. The School Board did agree, however, to grant to the,City of Lubbock a 50 foot easement along the entire length of the eastern boundary of the school property on which could be constructed an access road to the building, parking facilities, and landscaped grounds. This will provide sufficient land to allow construction of the neighborhood center on the park property. After the easement legal papers are prepared and more detailed plans for the building and the park are completed, this item will be placed on the Council agenda for formal action. Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Pro Tem Hollingsworth and Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to accept this report and to authorize plans to continue for construction of these facilities. 1-31-458-1134 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Pro (9b) Tem Hollingsworth and Councilwoman Jordan, Councilmen Baker and .Campbell voting 'Yea, none voting Nay to pass Ordinance No. 6501 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6501 WHEREAS, the City Council of the City of Lubbock findp.it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Funds The sum $19,300.00 For the following purpose: Labor, material and equipment necessary to install lights on baseball diamonds. One located in Mackenzie State -Park and one located on Lou Stubbs Park. Labor, material and equipment necessary to contract concession and pressbox on baseball diamond in Mackenzie State Park. 2-31-458-1135 Motion.was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (90 Pro Tem Hollingsworth and Councilwoman Jordan, Councilmen 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 TWO ASSURANCES with Respect to Real Property Acquisition and Relocation Requirements in connection with the Neighborhood Facilities Grant attached here- with which shall be spread upon the minutes of the Council and as spread upon the minutes of -- - - this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of November, 1972. ATTEST: MORRIS W. TURNER, MAYOR Lavenia Lowe, City Secretary -Treasurer ASSURANCE OF COMPLIANCE The City of Lubbock hereby assures that it has authority under state law to comply with Section 305 of the Uniform Relocation Assistance and Real Property Act of 1970, and agrees that, notwithstanding any provision set forth in Contract No. (1) In acquiring real property in connection with Parkway School Park Site the City of Lubbock will be guided to the greatest extent practicable under state law, by the land acquisition policies set out under Section 301 of the Act and the provisions of Section 302 thereof; (2) Property owners will be paid or reimbursed for necessary expenses as specified in Section 303 and 304 of the Act; and (3) The costs to the City of Lubbock of prividing payments and assistance hereunder shall be borne in accordance with Section 211 of the Act. (4) Affected persons will be adequately informed of the benefits, policies and procedures provided in the Regulations in this part. (5) The City of Lubbock will execute such amendments to Contract No. , and execute, furnish and be bound by, such additional documents as the Secretary of Housing and Urban Development determine necessary to effectuate or implement the assurances provided hereunder. This document shall be made part of and incorporated in Contract No. , and shall be deemed to supersede any provision in said contract to the extent that such pro- vision conflicts with the assurances or agreements provided hereunder. CITY OF LUBBOCK By /s/ Morris W. Turner Mayor 72-31-459-1136 Motion was made by Councilman Baiter, seconded by Councilman Campbell, motion carried, Mayor (9d) Pro Tem Hollingsworth and Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION AUTHORIZING OF APPLICATION FOR NEIGHBORHOOD FACILITIES GRANT WHEREAS, Section 703 of the Housing and Urban Development Act of 1965 authorizes the making of grants of Federal funds to local public bodies or agencies to assist in financing the development cost of neighborhood facilities projects necessary for carrying out programs of community service; and WHEREAS the City of Lubbock (herein sometimes referred to as "Applicant") deems it to be necessary and in the public interest to provide certain facilities of the type comtemplated in said Section 703 and to undertake a project (hereinafter called the "Neighborhood Facilities Project") with Federal grant assistance, described as Parkway School Park Site (Zenith Avenue and Erskine Road); and WHEREAS,it is recognized that the Federal contract for such financial assistance pursuant to said Section 703 will impose certain obligations and responsibilities upon the Applicant and will require among other things (1) the provision of the local share of the cost of the Neighborhood Facilities Project, (2) assurances that families or individuals displaced as a result of the development of a Neighborhood Facilities Project will be offered decent, safe, and sanitary housing within their means, (3) the making of relocation payments in accordance with regulations of the Department of Housing and Urban Development, (4) compliance with Federal labor standards, and (5) compliance with Federal requirements relating to equal employment opportunity; and WHEREAS Title VI of the Civil Rights Act of 1964, the regulations of the Department of Housing and Urban Development effectuating that Title, or the policy of the Department provide that no person shall, on the ground of race, color, creed, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination in the under- taking and carrying out of projects receiving Federal financial assistance; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY'.©F LUBBOCK: 1. That an application on behalf of the City of Lubbock be made to the Department of Housing and Urban Development for a grant under Section 703 of the Housing and Urban Development Act of 1965, in an amount equal to two-thirds of the development cost of the Neighborhood Facilities Project, such development cost now estimated to be $260,000. 2. That the Neighborhood Facilities Project (a) is necessary for carrying out a program of health, recreational, social or similar community service in the area, (b) is consistent with comprehensive planning for the development of the community, and (c) will be available for use by a significant number of the area's low and moderate income residents. 3. That the Mayor is hereby authorized and directed to execute and file such application, to execute such contracts as may be necessary for the grant applied for to provide such information and furnish such documents as may be required by the Department of Housing and Urban Development, and to act as the authorized representative of the Applicant in the accomplishment of the Neighborhood Facilities Project. 4. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are assured of full compliance by the Applicant with the regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Right Act of 1964, and_mith_ the policy of the Department prohibiting discrimination on the basis of creed. 5. That the Neighborhood Facilities Project will be carried out in full compliance with applicable Federal•Statutes and regulations of the Secretary.of Labor pertaining to the employment of laborers and mechanics on projects as assisted with -Federal lands. Passed by the City Council this 9th day of November, 1972. Is/ Morris W. Turner MORRIS W. TURNER, MAYOR ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer 72-31-460-1137 Motion was made by Councilman'. Hollingsworth, seconded by Councilwoman Jordan, motion carried, (10) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that Ordinance No. 6497 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6497 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $6,311.88 For the following purpose: Construction of water lines ahead of paving in the Clayton -Carter Urban Renewal Area. 72-31-460-1138 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, {ll) Mayor Turner and Councilmen, Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance.No. 6500 on second and final reading. AN APPROPRIATION ORDINANCE . ORDINANCE NO. 6500 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; WIDENING OF FOURTH STREET 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 GWO 10755 The -sum $12,196.00 For the following purpose: Acquisition of Right -of -Way to widen-4th Street. Parcel Nos. 18 & 20: A portion of land (2,453.38 sq, ft.) out of Lot 13, Block 8, Carver Subdivision of the Roberts-& McWhorter Addition to the City of Lubbock, Texas $12,196.00 72-31-460-1139 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (12) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6488 on second and final reading. ORDINANCE NO. 6488 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. 1382-B: CHANGE LOT 3, BLOCK 2, NAMRON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A-2" ZONING DISTRICT: SUBJECT TO CONDITIONS: PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 72-31-460-1140 The City Council considered the passage of Ordinance No. 6489 on second and final reading (13) changing property located south of Loop 289 and east of Indiana Avenue from MR8cific Use Permit to a "C-4" Zoning District restricted to new and used automobile saleervice. Mr. Leroy Elmore appeared before the City Council in support of this ordinance and Mr. Jim Price and another resident of this neighborhood appeared in protest. After consideration of all iftforuidtfosf-•presentedj' motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and -taker voting Yea, none voting Nay to pass Ordinance No. 6489 on second and final reading with the conditions that it be developed�in accordance with thi-plat submitted at the hearing on October 25, 1972, that there -be pia openings' -in the fencetand'that the alley remain'As it is on this date. Councilman Campbell was absent from the•Council`Chamber at•the timeof'this motion. '(See Site Plan set in on Page 4608.T ORDINANCE NO. 6489 'AR;ORDINANCE AMENDING ZONING ORDINNANCE NO.-1695 AND THE OFFICIAL 14AP OF THE CITY OF LUBBOCK SO AS.�'TO MAKE THE POLLOWNG"CHANFE: ZONE CASE 96. 1391-D: ORANGE A TRACT OF LAND OUT OF SECTION .12; 'BLO& E-2, CITY OF-i[JBBOCx, -LUBBOCK COUNTY, TEXAS, -FROM A SPECIFIC USE PERMIT TO A 11C-4" RESTRICTED TO'NNEW-AND USED AUTOMOBILE SALES AND SERVICE: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CIAUSE.AND PROVIDING FOR PUBLICATION. 72-31-461-1141 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (15) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass -Ordinance No. 6491 on second and -final reading.. ORDINANCE NO. 6491 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. 1846: CHANGE CERTAIN TRACTS OF LAND IN BLOCKS 1 AND 5, HILLSIDE ADDITION NO. 1, CITY OF LUBBOCK, FROM "R-1 " TO "C-3" AND "A-2" ZONING DISTRICTS, SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-461-1142 Motion was made by Councilman Hollingsworth;•seconded by Councilman Baker, motion carried, (16) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6492 on second and'final'reading. ORDINANCE No. 6492 . AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY AMENDING SECTION 15.2-4 THEREOF GOVERNING SEPARATION AND PARKING; AMENDING SECTION 12.6 GOVERNING OFF STREET PARKING; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-461-1143 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. 6493 on second and final reading. ORDINANCE NO. 6493 AN ORDINANCE AMENDING .THE_-FIRE'ZONE MAP OF THE CITY OF LUBBOCK SO AS TO CHANGE A TRACT OF LAND OUT OF SECTION 18, BLOCK B, 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: WHEREAS, the City Council finds that consideration of the property involved, the adjoining property and the safety and welfare of,the citizens of the City of Lubbock requires an immediate change in fire zones: NOW THEREFORE 72-31-461-1144 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. 6494 on second and final reading. ORDINANCE NO. 6494 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO WIT: A PORTION OF UNIVERSITY,AVENUE FROM 82ND STREET TO THE SOUTH CITY LIMITS OF THE CITY OF LUBBOCK; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN'CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGH- WAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA -FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFCALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF -THIS ORDINANCE. .:72-31-461-1145 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. 6495 on'second-and final reading. .ORDINANCE NO. 6495 •AN'ORDINANCE AUTHORIZING THE -ALTERING AND CHANGING OF THE PRIM, FACIE LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -TIT: A PORTION OF THE SLIDE ROAD FROM 50TH STREET TO LOOP 1l89 OF THE CITY OF LUBBOCK; AUTHOR- IZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOFiAND THAT THIS ORDINANCE SHALL BE CUMULATIVE 0W ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFI- CALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 72-31-461-1146 Motion was made by Councilman Hollingsworth, seconded by Coundilman Baker, motion carried, Mayor (20) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6496 on second and final reading. ORDINANCE NO. 6496 AN ORDINANCE OF THE CITY OF LUBBOCK APPROVING THE URBAN RENEWAL PLAN AND THE FEASIBILITY OF RELOCATION FOR NEIGHBORHOOD DEVELOPMENT PROGRAM NO. TEX. A-14(C) THIRD ACTION YEAR. 72-31-462-1147 Mayor Morris W. Turner was absent at -the time action ryas taken on this item. Mayor Pro Tem Lonnie':F. Hollingsworth presided.. Motion was jnade by -Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Pro Tem Hollingsworth and Councilwoman.Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay.to pass Ordinance -No. 6498 on second and final reading. ORDINANCE NO. 6498 AN ORDINANCE ABANDONING AND CLOSING A 20.0 FOOT POWER LINE -EASEMENT SOUTH OF 50TH STREET BETWEEN .CHICAGO-AND BANGOR AVENUES, 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. 72-31-462-1148 Mayor Morris W. Turner was absent at the time action was taken on this item. Mayor Pro Tem (22) Lonnie F. Hollingsworth presided. Motion was made by Councilman Baker, seconded by Councilman Campbell,.•motion carried, Mayor Pro Tem Hollingsworth and Councilwoman Jordan, Councilmen 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 authorised and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of AARON WECHTER, ARCHIE SKIBELL and IRVIN.SKIBELL, 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 9th day of November, 1972. ATTEST: Is/ 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 N0/100 ($1.00) IZOLLARS and other good and valuable consideration to it in hand paid by AARON WECHTER, ARCHIE SKIBELL and IRVIN SKIBELL, of Lubbock County, Texas, the receipt -of which is hereby acknowledged; do hereby by these presents ABANDON, DISCLAIM, RELEASE AND liOREVER QUIT CLAIM unto the said AARON NECHTER, ARCHIE SKIBELL and IRVIN SKIBELL, of Lubbock -County, Texas, 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: BEGINNING at a point 156.0 feet South and 2640.0 feet West of the Northeast corner of Section 28, Block E-2, Lubbock County, Texas; THENCE East a distance -of 1122.0 feet to a point; -THENCE South a distance of 20.0 feet to a point; THENCE West a distance of 1122.0 feet to a point; THENCE North a distance of 20.0 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 AARON WECHTER, ARCHIE SKIBELL and IRVIN SKIBELL, of Lubbock County, Texas, their heirs and assigns, nor any persons claiming under them shall at any 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 9th day -of November, 1972. CITY OF LUBBOCK Is/ Morris W. Turner MAYOR ATTEST: / s,/ Lavenia Lowe _ City Secretary -Treasurer APPROVED AS TO FORM: /s/_Fred 0. Senter,-_Jr. City Attorney 72-31-463-1149 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (23) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance,No. .6499 on pecond aad final reading. ORDINANCE NO. 6499 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT IN THE QUAIL RIDGE 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 EASEMENT. 72-31-463-1150 The City Council considered the, passage of Ordinance No. 6456 on second and final reading II (24) amending Article VI of Chapter 26 of the Code of Ordinances pertaining to coin -operated machines. Mr. J. Q. Warnick appeared before the City Council and discussed various requirements of this ordinance. After consideration of all information presented, motion was made by Councilwoman r' Jordan., seconded by Copncilman..Hollingsworth that this ordinance be passed on second and final reading. This motion waas,not,voted on at -this time. An amendment to the above motion wos offered by Councilman Baker ,and seconded by Councilman Hollingsworth that -the age limit for playing pinball machines, as set out in the ordinance, be 17 years. This motion was not voted on. An amendment to the above motion was then offered by Councilwoman Jordan that the establishments be allowed to operate until 1:00 a.m. This motion died for want of a second. A vote was then taken on the amendment offered by Councilman Baker and seconded by Councilman Hollingsworth, the vote was as follows: Mayor Turner and Councilmen Hollingsworth, Baker and Campbell voting Yea, Councilwoman Jordan voting Nay. A vote was then taken on the original motion by Councilwoman Jordan,'seconded by Councilman Hollingsworth, being that Ordinance No. 6456 be passed on second and final reading as amended to establish age limit at 17 years. This motion carried.by the following vote: Councilmen Hollingsworth, Baker and Campbell voting Yea, Mayor Turner and Councilwoman Jordan voting Nay. ORDINANCE NO. 6456 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 REFUSAL, SUSPENSION OR CANCELLATION OF LICENSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-463-1151 NOTICE OF CITY COUNCIL HEARING (25) Notice is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by Law, that the City Council will hold a public hearing on the 9th day of November., 1972+, at 11:00 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the proposed annexation to the City of Lubbock, Texas, and at which time and place all interested persons will be given an opportunity to be heard. The area proposed to'be annexed to the City of Lubbock, Texas, is described as follows: Beginning at a point in the present West City limits boundary as described by City of Lubbock Ordinance No. 2535, said point being 150 feet West and 345.4 feet North of the North- east corner of Survey 43, Block AK, Lubbock County; Texas, THENCE West along a line parallel to and 345.4 feet North of the North line of Survey 43, Block AK to a point which is 150 feet West and 345.4 feet North of the Northwest corner of the -Northeast one -quarter of Survey 43, Block AK; THENCE South along a line parallel'to and 150 feet West of the West line of the Northeast one -quarter of Survey 43, Block AK to a point which is 150 feet South and 150 feet West of the Southwest corner of the Northeast one -quarter of Survey 43, Block AK; THENCE East along a line parallel to and 150 feet South of the South line of the Northeast one -quarter of Survey 43,.Block AK,.to a point in the present City limits boundary as estab- lished by Ordinance No. 2535, said point being 150.feet South and 150 feet West of the Southeast, corner of the Northeast one -quarter of Survey 43, Block AK;. THENCE North along the present City limits boundary as established by Ordinance No. 2535 to the point of beginning. Lavenia Lowe, Secretary -Treasurer City of Lubbock, Texas In accordance with the above Notice of City Council Hearing, hearing was held to consider annexation of property west of the City. .Jim Bertram, Director•of Planning, appeared before the City. Council apd presented a map of this area. No one else appeared; whereupon, Mayor Turner announced that the hearing was closed.' Motion was made by:Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Turner and Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to authorize the City Attorney to prepare an ordinance to annex this property for consideration at the next regular City Council meeting, November 22. Councilman Hollingsworth was absent at the time of this motion. 72-31-463•-1152 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (30) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6502 on first reading. ORDINANCE NO. 6502-• AN ORDINANCE ABANDONING'AND CLOSING A 2.O'FOOT UNDERGROUND UTILITY EASEMENT IN THE ROTHWEBB 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 EASEMENT. 72-�31-464-1153 Motion was made by Councilwoman Jordan, seconded by Couincilman 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 BE IT.RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:' THAT the Mayor bf the City of Lubbock be and ig-hereby authorized and directed to execute for and on behalf of the"City'of Lubbock a'Coiitract between the City 'of'Lubbock, Southwestern Public Service and The Texas Highway Department attached herewith which shall be spread upon the minutes of the Coundki and -as spread upon-the•minutes of this Council shall constitute and be a part'of this kesolution es'if'fully copied herein in detail. Passed by the City Council. this 9th day of November, 1972. /;1V*C* A /s/ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney CONTRACTVAL AGREEMENT FOR RIGHT OF WAY UTILITY ADJUSTMENTS (CITY FORM) Ls/ Morris W. Turner MAYOR STATE OF TEXAS County - LUBBOCK Project 783-2-1 COUNTY OF TRAVIS Highway Loop 289 Agreement No. U-8931 (To Be Completed By The State) This agreement entered into this 9th Any of November,'1972, by and between the State of Texas, acting by and through the Texas Highway Department, hereinafter called the State, and Lubbock, Texas, acting by and through its duly authorized official under Resolution dated 9th day of November, 1972, hereinafter called the City, and Southwestern Public Service Company, acting by and through its duly authorized representative, hereinafter called the Owner. WHEREAS, the State and City have previous to this date entered into a contract agreeing to handle by separate contract the adjustment,'removal or relocation of certain utility facilities necessitated as a result of highway improvements on the subject project on the basis of a pre- determined firm commitment for right of way reimbursement approved by the State; WHEREAS, the Owner, in an affidavit dated March 22, 1965, has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment, removal or relocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: WHEREAS, the State and the City des i-re to accomplish the adjustment, removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner; NOW, THEREFORE, be it mutually agreed that this contract entered into -this date between the parties hereto is intended to implement and -effectuate the terms and provisions of that contract of January 7, 1959, entered into between the State and the•City, as it pertains to right of way utility adjustments and as it effects the utility facilities of the Owner. Upon execution of this agreement by the parties iiereto the City will by written notice, authorize the Owner to proceed with the necessary adjustment, removal or relocation; and the Owner agrees to prosecute such work diligently to completion in such manner as will not result in avoidable interference or delay in either the State's highway construction or in the said work. The Owner will carry out said adjustments, removals or relocations in accordance with the plans attached hereto,'and the costs paid by the City pursuant to this contract shall be full compba- sation to the Owner for -the costs incurred in making such adjustments, removals or relocations. Bills for work hereunder shall be submitted to'the City not later than ninety (90) days after completion of the.work. The City, subject to the acquisition of such rights or interests as may be deemed necessary along or across the Owner's interest 'in land, agrees to pay the Owner and the Owner agrees to accept a lump sum amount of $1,779.04 as full reimbursement for work covered by this contract, said reimbursement to be forthcoming in such lump sum only after receipt of a lump sum final billing in the foregoing amount accompanied by a certificate to the effect that such work has been fully accomplished. The State will reimburse the City in an amount equal to 50 per cent of the lump payment to the Owner upon recept of proper billing and certificate by the City that pay- ment in this amount has been made to the Owner. It is expressly understood that this contract is subject to cancellation -by either the State or the City at any time up to the date that work under this contract has been authorized and that such cancellation will not create any liability.on either.the part of the State or the City. CITY OF LUBBOCK, TEXAS By: /sl Morris W. Turner Mayor ATTEST: /at Lavenia Lowe • Lavenia Lowe, -City Secretary -Treasurer OWNER:. SOUTHWESTERN PUBLIC SERVICE -COMPANY By: Title: --Vice President Date Examined and Recommended for Approval: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: By: Executed -as State Highway Engineer and approved for State Highway Commission. RRCO)1MENDED FOR APPROVAL District Engineer Right of Way Engineer 72-31-465-1154 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (32) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay -to pass -Ordinance No. 6503 as an -emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE N0. 6503 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE; BE -IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT BOND FUND 76-6064-531 The sum $1,779.04 For the following purpose: Relocation of powerline poles in right-of-way at Quaker Avenue and North Loop 289: . . . . . . . . . . . . . . . . . $1, 779.04_ 72-31-465-1155 Motion was made by -Councilwoman Jordan, seconded -by Councilman Hollingsworth, motion carried, (33) 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 Dedication Deed platting Lot 230-A, Alford Terrace Addition to 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 9th day of November, 1972. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Dedication Deed THE STATE OF TEXAS COUNTY OF LUBBOCK I /Morris W. Turner THIS IS TO CERTIFY that the CITY OF LUBBOCK,. a Home Rule Municipal Corporation, of Lubbock County, Texas, the owner of a tract of land more -particularly described as follows, to -wit: BEGINNING at a point which is 867.2 feet North and 2497.0 feet west of the southeast corner of Section 4, Block E-2, Lubbock County, Texas, and is the southwest corner of Lot 230, Alford Terrace Addition, to the City of Lubbock, Lubbock County, Texas; 9 THENCE west; along the north line of a previously dedicated alley, a distance of 115.00 feet to a point in the east line -of Chicago Avenue; 72-31-466- 1156 (34) THENCE north, along the east line of Chicago Avenue, a distance of 117.8 feet to a point of curvature to the right; THENCE northeasterly, ground a curve to the right, said curve having a radius of 15.00 feet, tangent lengths of 15.00 feet, a delta angle of 900, a chord distance of 21.21 feet; to a point in the south line of 17th Street; THENCE East, along the south line of 17th Street, a distance of 100.00 feet to a point which is the northwest corner of Lot 230, Alford Terrace Addition; . THENCE south; along the west line of Lot 230, Alford Terrace Addition, a distance of 132.8 feet to the PLACE OF,BEGINNING. and the owner of the above described property, in accordance with the attached map, prepared by Hugo Reed, a licensed surveyor for the State of Texas, on the 30th day of March, 1972, and appro- ved by the Planning Commission of the City of Lubbock on the day of , 1972, and desiring to have the said property platted and duly -filed for -record -as required by law, all as .shown on the attached map; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the special..benefits to the remainder of its property, the Cityof.Lubbock does hereby impress the name of Lot 230-A, ALFORD TERRACE ADDITION to the City of Lubbock, Lubbock County, Texas, upon said .property for the correct reference and description thereto as indicated upon the attached map,'and.do hereby adopt the name hereinabove stated and impress the same upon said land, incorporating said map as part of this dedication. WITNESS MY HAND this 9th day of November, 1972. (SEE 'Map on Page 466-A) /s/ Morris W. Turner Morris W. Turner, Mayor 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. 6504 as an emergency measure. AN -APPROPRIATION ORDINANCE ORDINANCE NO. 6504 'WHEREAS, -the City'Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: WATER BOND FEND The sum $558.60- • . . . . . . - . . For the following purpose: Platting Lot 230-A, Alford Terrace Addition Water & Sewer Pro-Rata . . . . . . . . $517.50 Recording Fee . . . . . . . . . . . . 8.50 Street Light . . . . . . . . . 32.00 Total $558.00 72-31-466-1156 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (37) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay -to pass Ordinance No. 6506 on first reading. ORDINANCE NO. 6506 AN ORDINANCE ABANDONING AND CLOSING A STREET STUB IN THE 4900 BLOCK OF UTICA AVENUE IN 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 STREET STUB; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. WHEREAS, the City Council finds that the street stub hereinafter described is no longer needed for street stub purposes of for public use; and, WHEREAS, the City Council finds it would be to the. public interest to close, vacate and abandon the same for street stub purposes and to public use; and, NOW THEREFORE: BE IT ORiAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the street stub as hereinafter described shall BE and the same is hereby closed, vacated and abandoned for street stub purposes and for public use: BEGINNING at a point which is 339.50 feet North and 28.50 feet East of the Southwest Corner of the Southeast one -quarter of Section 18, Block B, Lubbock County, Texas, said point being in the East right-of-way line of Utica Avenue; THENCE Northeasterly around a curve -to the right having a radius of 15.00 feet, tangent lengths of 15.00 feet, delta angle of 90' for a curve distance -of 23.6 feet; THENCE North a distance of 56.00 feet to a point from which the radius point of curve bears North 15.00 feet; LOT 230-A ALFORD TERRACE TO THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS D 91 92 b h W D Z W ADDITION i A L FO D TE RACE 231 232 233 BOor' L 90' 90' 17tb E-W 1001 R 5� T= o p=90 , 0VIS00LCH a97.d E .a, b E-W 115,00 �? r NOT STREET (PREY 0ED.1 l02.51 90 m AL FOR TERRA ff N 230 229 z A A T ION S.w. CQ=R OF LoTon�z' I- 90, — ALLEY (PREV. D-r'" - SUBDIVIDED SCALE- 1" - 100' HEAVY LINES INDICATE PLAT LIMITS 1/2" RODS ON ALL LOT CORNERS UNIXSS OTHERWISE I NDI GATED. KNOW ALL NEN BY THM PRESENTS: That I , Hugo Reed, Licensed Surveyor, do hereby certify that I prepared this plat fraam an actual and acourate survey of the land and that the corner monuments shove thereon were properly placed th�Cirny of rsonaLubbocic,sTexaeision, in accordance with the Subdivision Regulation a7�+'YHe, eeeeo,�g c7o�R,.... f.•.�J.Lr ICE. SED SURVEYOR LUBBOCK, TEXAS .,.., ' MARCH 30, 1972 APPROVED THIS DAY OF , 19 BY THE I, CITY PLANNING C0NMSSIOH OF THE CITY OF LUBBOCK, TEXAS. C HAI RB9AN APPROVEDs i S - CRE TARY ATTEST E amwe .. 72=31-467-1158 Motion was made by Councilman Hollingsworth, secondea.by-Councilwoman Jordan, motion carried, (38) Mayor 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 Director of Public Works that the increased traffic along the --access road to the Sanitary Landfill within Lubbock County, Texas, necessitates the widening and improving of that access road. WHEREAS, it is necessary► to acquire for highwayrlright-of-way purposes the fee simple title to the land hereinafter described, owned by Aura Mae Edmisson Estate consisting of the following heirs: Patsy Ann Bell, Jeanette Meinecke, Joyce Henry and Bob'Hamilton; and, 'WHMEAS the City Council has caused an appraisal to be made o-f 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 $1,938.95, and the Council finds such amount to be fair and equitable; NOW THEREFORE:' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY`OP LUBBOCK:' THAT the City of Lubbock acquire for purposes of widening and improving the access road to the Sanitary Landfill, the fee simple title to the land lying and being situated in Lubbock County, Texas, and more particularly described as follows, to -wit: BEGINNING at a point in the South line of Survey 29,`Block A,' -Lubbock County, Texas, said point being 257.56 feet West of the Southeast corner of said Survey 29, same being the northwesterly right-of-way line of the Panhandle and -'Santa Fe Railroad; THENCE N 22° 47' 21" E along the no_rth�aest right-of-way line of the Panhandle and Santa Fe Railroad a distance of 666.05 feet to a point in the east line'of Survey 29, Block A; THENCE N 00 02' 21" E along the east line of Survey 29, Block A, a distance of 2001.70 feet to the Northeast corner•of -the Southeast one -quarter of Survey 29; THENCE West a distance of 60.00 feet; THENCE S 0" 02' 21" W along a line parallel to and 60.00 feet from the east line of Survey 29 a distance of 1,565.72 feet to a point of curvature; THENCE around a curve to the right having a radius of 1849.88 feet, tangent lengths of 372.16 feet, delta angle of 22° 45' 00", chord distance of 729.70 feet and an are distance of - 734.51 feet to a point of tangency; THENCE S 220 47' 21" W along a line parallel to and 80.00 feet from the northwest right- of-way line of the Panhandle and Santa Fe Railroad a distance of 363.13-feet to a point in the South line of Survey 29, Block A; THENCE East along the South line of Survey 29, Block A, a distance of 86.77 feet to the PLACE OF BEGINNING. THAT owner Aura Mae Edmisson Estate consisting of Patsy Ann Bell, Jeanette Meinecke, Joyce II Henry and Bob Hamilton, as heirs, 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 land for the purposes herein stated, for the use and benefit of the City of Lubbock and unless accepted forthwith, the City Attorney is 'hereby authorized and instructed to acquire the fee simple title to said land as hereinabove described for street purposes., Passed by the City Council this 9th day of November, 1972. ATTEST:- - /s/_ Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: s Fred 0. Seater Jr. City Attorney 72-31 -467-1159 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor (39) 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 Kent R. Hance; 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 beeq appraised in the amount of $2,925.00, 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 descrribed as follows, to -wit: BEING 829.38 Sq. Ft, out of lot 21, Block 2, Paul M. Crouch Subdivision of Blocks 15 and 16, Roberts & McWhorter Addition to the City of. Lubbock, Lubbock County, Texas, according to'a plat of said Addition xecorded in Volume 98, Page 542,.of Plat Records of Lubbock County; and being a part of the same property described_in a Deed from Flagg.Realtor, Inc., to Kent R. Hance, dated April 28, 1972, recorded in Volume 1301, Page 108, Deed Records of Lubbock County, Texas; said 829.38 Sq. Ft. of land being more particularly,described by metes and bounds as follows: BEGINNING at a point 127.5 feet -South of the northwest corner ,of Lot 21, Block 2, Paul M. Crouch Subdivision of Blocks 15 and 16, of the Roberts & McWhorter Addition, said point being in the north line of UiS.:Highway 82 (4tb Street);. THENCE North along the west line of Lot: 21,,.a• distance-of.17.2 feet to a point in the proposed north line of U.S. Highway 82; THENCE N 89*59' East along the proposed north right-ofwway line of U.S. Highway 82 a distance of 48.22 feet to.a point in the east.line of Lot 21l. THENCE South along said line a distance of 17.2 feet to a paint in the existing north line of U.S. Highway 82; THENCE South 890 59' West along said line a distance of 48.22 feet to the PLACE OF BEGINNING. THAT owner, Kent R. Hance,.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 land. -for the purposes herein stated, for the use and benefit of the City of Lubbock and unless accepted forthwith, the City Attorney is hereby authorized and.instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire the fee simple title.to said land as hereinabove described for street purposes. Passed by the City Council this 9th day of November, 1972.. /sl Morris W. Turner MAYOR i ATTEST: /sl Lavenia Lowe _ _ __- City Secretary -Treasurer APPROVED AS TO FORM: /sl Fred 0. Senter, Jr. ..___ City Attorney 72-31-468 4160 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, :motion carried, Mayor (40) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6507 on first reading. ORDINANCE NO. 6507 72-31-468-1161 (42) . 6 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF STREETS AND ALLEYS: THE EAST -WEST ALLEY BETWEEN 7TH AND 8TH STREET RUNNING FROM AVENUE Q TO AVENUE P; THE EAST -WEST ALLEY BETWEEN THE JUDD-MIS AND FORD SUBDIVISION OF THE T. B. WHITE BLOCK OF THE OVERTON ADDITION AND THE JUDD- ELLIS SUBDIVISION AND THE FORD-JUDD SUBDIVISION OF T. B. WHITE BLOCK OF THE OVERTON ADDITION RUNNING FROM AVENUE Q TO AVENUE P; THE EAST -WEST ALLEY IN THE E. P..EARHART SUBDIVISION OF THE W. 0. TUBBS BLOCK OF THE OVERTON ADDITION RUNNING FROM AVENUE Q TO AVENUE P; A PORTION OF 8TH STREET FROM AVENUE Q TO AVENUE P; A PORTION OF 9TH STREET FROM AVENUE Q TO AVENUE 0; A PORTION OF AVENUE P FROM THE SOUTH LINE OF 8TH STREET TO THE NORTH LINE OF 9TH STREET; AND, A PORTION OF AVENUE P FROM THE SOUTH LINE OF 9TH STREET TO THE NORTH LINE OF LOTH STREET, 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 ABANDONING OF SUCH STREETS AND ALLEYS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Morris W. Turner was absent at the time action was taken on this item. Mayor Pro Tem Lonnie F. Hollingsworth presided. Motion was made by Councilman Baker, seconded by -Councilman Campbell, motion carried, Mayor Pro iF Tem Hollingsworth and Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the City Council supports incentives which encourage Firemen and Police Officers of the City of Lubbock to continue their education and become better informed officers serving the.citizens of the City of Lubbock; and WHEREAS, recognition of this achievement should be rewarded by incentive pay increases; NOW THEREFORE T BE IT RESOLVED BY THE CITY COi]NCIL OF THE.CITY OF LUBBOCK: THAT the City Council does hereby support proposed Legislation before the House and Senate of the State of Texas which will authorize educational -incentive pay to -Firemen and Policemen who successfully complete courses in an accredited college or university. Passed by the City Council this 9th day of November, 1972. /s/ Morris W. Turner MAYOR ATTEST sl,,Lavenia Lowe City Secretary -Treasurer '+ APPROVER AS TO FORM: Zsl Fred 0. Senter . Jr. City Attorney 72-31-469-1162•^... The City.Council considered..an.amendment.to.-the Pooh Hall -,Ordinance -in regard to hours of (43) operation. Mr. J. Q.'Warnick appeared before the City Council in connection with the passage of this Ordinance. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Baiter, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting•Yea,•,none voting'Nay to pass Ordinance No. 6508 on first reading. ORDINANCE NO. 6508 AN ORDINANCE AMENDING CHAPTER 26,OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 26-56 THEREOF PROVIDING FO$ HOURS OF -OPERATION OF BILLIARD OR POOL TABLES; PROVIDING A SAVINGS CLAUSE AND PROVIDING -FOR PUBLICATION-. 72-31-469-1163 NOTICE TO BANKING INSTITUTIONS WITHIN THE CITY OF-LUBBOCK (45) Notice is hereby given that the Governing Body of the City of Lubbock, subject to the provision of Article 2559 to Article 2566A, Revised Civil Statutes of Texas, as amended, will receive applications from•all interested banking institutions within' the City of Lubbock to serve as prime depository of the City of Lubbock and maintain custody of the funds of the City -fora period -of . - years from December 1, 1972, through November 30, . Any such applications shall be delivered for the office of the City -Secretary in the City Hall prior to 10:00 a.m., to be opened publicly at.-10:30 a.m., Thursday,' November 9, 1972. .It is requested that each bank bid b. filling in the blanks and agreeing to the following specifications. Interest Rates Demand Deposits . Time Deposits Multiple Maturities: Thirty (30) days { Sixty (60) days Ninety (90) days One hundred -eighty (180) days Three hundred -sixty (360) days Compounded when-? Fixed Maturities and/or C. D.'s under $100,000: Thirty (30) days Sixty (60) days Ninety (90) days One hundred -eighty (180) days Three hundred -sixty (360) days Compounded when? Fixed Maturities and/or C.D.,'s„$100,000 and over: Thirty (30) days Sixty (60) days Ninety (90) days Rate One hundred -eighty (180) days L - - - Three hundred -sixty (360) days _ Compounded when? Charges,.if any, for handling -of checks and deposits Charges, if any, for handling of temporary overdrafts Rate of interest, if any, to be charged on loans and maximum loan limit Rate of interest, if any, to be charged on warrants In addition to the normal services and supplies furnished by the depository bank, the following services are standard and common to most depository contracts. The City of Lubbock needs these services and expects them to be furnished at no charge as a part of this proposal. Foreign and Domestic Exchange . Paying•Agent for.Bonds Bond and Coupon Service Wire Transfer Service Parking Facilities Safe Deposit Boxes Coin Wrappers Night Depository Service including Bags and Keys Traveler's and Cashier's Checks Daily Balance on Each Account Bidders are requested to submit any further concessions or services which they may want to offer to the City of Lubbock and make any comments as further consideration in selecting the City's depository. All monies which as deposited into -the depository under the provisions of this proposal shall be continuously secured, in accordance with the laws of the State of Texas applicable thereto, by a valid pledge of direct obligations having a par -value or -market value when less than par, exclusive of accrued interest, at all times at least equal to the total amount of money on .deposit, in said several funds on deposit in the depository.., If the City so desires it may -purchase certificates of deposit with maturity dates any time in the future. All time deposits or time certificates of deposit which have not elapsed on the termination date of the finally approved depository contract, shall remain on deposit with the same depository under the same terms and conditions in effect during said contract until the date such time deposits have elapsed. The City of Lubbock reserves the right to accept or reject any or all bids, to waive formalities, and to accept the bid the City considers the most advantageous. The City also reserves the right to place or invest part or all of any surplus or excess funds outside the designated depository, in any lawful manner as may be determined by the City Council, from time to time throughout the term of the contract. In the event it is desired to submit more than one proposal, the terms of such proposal should be submitted on a duplicate bid sheet and 'narked "ALTERNATE PROPOSAL." Dated this Sixteenth Day of October, Nineteen Hundred Seventy -Two /s/ Lavenia Lowe City Secretary -Treasurer City of Lubbock, Texas Name of Bank By. II Title Date Interest Rates - for a period of Two (2) years from December Demand Deposits Time Deposits Multiple Maturities Thirty (30) days .Sixty (60) days Ninety (90) days One hundred -eighty (180) days Three hundred -sixty (360) days Two (2) Years (730) Days 5 3A Compounded when? Quarterly Fixed Maturities and/or C.D.'s under.S1100J000: . Thirty (30) days 5% Sixty (60) days 5.7. Ninety (90) days 5% One hundred -eighty (180) days 5% Three hundred -sixty (360).days4• 5 1/2% Two (2) Years (730) days 5 3/4% Compounded when?. Quarterly Fixed Maturities- and/or C:.D,.'s $$100,000,and over:' Thirty (30) days 5% Sixty (60) days 5 1/4%• Ninety (90) days 5 1/2% One hundred -eighty (180) days ,5 3/4% Three hundred -sixty (360) days (or longer) 5••7/8% Compounded when? Quarterly Charges, if any for handling of checks and deposits. -.Eight (4) per item. Charges, if any, for handling of temporary o:verdra£ts - On any overdraft bank elects to pay on any account, a charge of 47. per annum shall be made from date of overdraft. Rate of interest, if any, to be charged on loans and maximum loan limit - Rate of interest 3 3/4% up to $5,000,OOO.0O; over $5,000,000.00 to $15,000,000;00-rate subject to negotiation. Rate of interest, if any, to be charged on warrants - 4%. ALTERNATE PROPOSAL_- FOUR (4) YEARS -FIXED RATE Interest Rates - for a period of Four (4) years from December 1, 1972, through November 30, 1976. - Rate Demand Deposits NONE - Time Deposits Multiple Maturities: 'Thirty X30) days. 4 1/27. Sixty (60) days 4 1/2% Ninety (90) days 5% One hundred -eighty (180) days 5% Three hundred -sixty (360) days 5 1/2% Two (2) Years (730) days 5 3/4% Compounded when? Quarterly Fixed Maturities and/or C.D.'s under �100,000: Thirty (30) days 51e Sixty (60) days., 5%. Ninety (90) days 5% One hundred -eighty (180) days 5% Three hundred -sixty (360) days 5 1/2Y. Two (2) Years (730) days 5 3/4% Compounded when? Quarterly Fixed Maturities and/or CC.D.,'s 5k100,000 and over: Thirty (30) days 5'1/4% T Sixty (60) days 5 1/2% Ninety (90) days one hundred -eighty (180) days Three hundred -sixty .(360) days (ar .longer) 5 3/4%. 6% 6 1 /8% Compounded when? Quarterly Charges, if any, for handling of checks and deposits-- Eight (8�) cents per item Charges, if any, for handling of temporary overdrafts - On any overdraft bank elects to pay on any account, a charge of 4% per annum shall be made from date of overdraft. Rate of interest, if any, to be charged on loans and maximum loan limit - Rate of interest 3 3/47. up -to $5,000,000.00; over $5,000,000.00 to $15,000,000.00- rate subject to negotiation. Rate of interest, if any, to be charged on warrants - 4%. ALTERNATE PROPOSAL - FOUR 4 YEARS - FLOATING RATE Interest Rates - for a period of Four (4) years from Ddcember 1, 1972, through November 30, 1976. Rate Demand Deposits NONE Time De osits Multiple Maturities: Thirty (30) days 4 1/2% Sixty (60) days 4 1/2% Ninety (90) days. 5% One hundred -eighty (180) days 5% Three hundred -sixty (360) days 5 1/2% Two (2) years (730) days 5 3/4% Compounded when? Quarterly Fixed Maturities and/or C.D.'s under 100 OOQ: Thirty (30) days- 5% Sixty (60) days 5% Ninety (90) days 5% One hundred -eighty (180) days 5% Three hundred -sixty (360) days 5 1/2% Two (2) years (730) days 5 3/,4% Compounded when? Quarterly Fixed Maturities and/or C.D.'s $100,000 and over: Nearest Maturity U.S. Treasury Bill Asked Yield From Latest Available Wall Street Journal Thirty (30) days + 1.00% Sixty (60) days + 1.00% Ninety (90) days + 1.00% One hundred -eighty (180) days + 1.00% Three hundred -sixty (360) days (or longer) 1-Year Maturity Bills + 1.00% Compounded when? Quarterly Charges, if any, for handling of checks and deposits - Eight (8c) cents per item Charges, if any, for handling of temporary overdrafts - On any overdraft bank elects to pay on any account, a charge of 4'1. per annum shall be made from date of overdraft. Rate of interest, if any, to be charged on loans and maximum loan limit - Rate of interest 3 3/44 to $5,000,000.00; over $5,000,000.00 to $15,0000000.00 rate subject to negotiation. Rate of interest, if any, to be charged on warrants - 4%. ALTERNATE PROPOSAL TWO (2) YEARS_- FLOATING RATE Interest Rates - for a period of Two (2) years from December 1, 1972, through November 30, 1974. Demand Deposits T Rate NONE Time Deposits , Multiple Maturities: ` Thirty (30) days 4 1/2% Sixty (60) days 4 1/2% Ntnety.(90) days . 5% One hundred -eighty (180) days 57. Three hundred -sixty (360) days 5 1/2% Two (2) Years .(730) days ..5 3/4% Compounded when? Quarterly Fixed Maturities, and/or C.D.'s under 100.000: Thirty (30) days% Sixty (60) days 5;; Ninety (90). days 5y, One. hundred -eighty (180)' days 5% Three hundred -sixty (360) days 5 1/2% Two ,(2) years (730) days S 3/4%. Compounded when? Quarterly Fixed Maturities and/or C.D. s 100000 and over: Nearest Maturity U&'S. Treasury Bill Asked Yield From Latest Available Wall Street Journal i Thirty (30) days +0.75% i Sixty-(60) days +0.75% Ninety (90) ddy$ +0.75,`1' One hundred -eighty (180) days +0.75% Three hundred -sixty (360) days (or 'longer) 1-year Maturity Bills +0.75% Compounded when? Quarterly Charges, if any, for handling of checks and deposits - Eight (8<-) cents per item. Charges, if any for handling of temporary overdrafts - On any overdraft bank elects to pay on any account, a charge of 4% per annum shall be made from date of overdraft; , II Rate. of interest, if any, to be charged on loans and maximum loan limit - Rate of interest 3 3/4% up to $5,000,000.00; over $5,000,000.00 to $15,000,000.00 rate subject to negotiation, Rate of interest, if any, to be charged on warrants.- 4%. ` Letters were received from Lubbock National Bank and American State Bank whereupon each stated they did not wish to place a bid on the City of Lubbock depository funds. The Citizens National Bank of Lubbock submitted a bid with.three alternate'proposals, being: (1) Original proposal,'(2) Alternate proposal - 4 years, fixed rate, (3) Alternate proposal - 4 years, floating rate, (4) Alternate proposal - 2 years, floating rate. After consideration of all bids'submitted, the City Council referred these bids to the Finance Department of the City of`Lubbock for recommendations, award to be at a later date. 72-31-473-1164 (47) 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 pass Ordinance No. 6509 on first reading. ORDINANCE NO. 6509 AN ORDINANCE PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE t ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES OF THE CITY OF LUBBOCK, TEXAS. 72-31-473-1165 (47a) 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 pass Ordinance No. 6510 on first reading. ORDINANCE NO. 6510 AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE SUPPLEMENTAL BENEFITS FUND OF THF� TEXAS MUNICIPAL RETIREMENT SYSTEM. -.BY ALL DEPAkTMENTS OF THE CITY GOVERNMENT WHICH NOW PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; kND PROVIDING FOR PAYMENT OF THE CITY'S CONTRIBUTIONS ON ACCOUNT OF SUCH PARTICIPATION. __4 72-31-474-1166 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor (47b) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6511 on first reading. ORDINANCE NO. 6511 AN ORDINANCE UNDERTAKING TO PROVIDE FOR, AND GRANTING, "SPECIAL PRIOR SERVICE CREDIT" UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM TO QUALIFYING EMPLOYEES OF'THE CITY OF LUBBOCK, TEXAS. 72-31-474-1167 Motion was made by Councilwoman Jordan, seconded by -Councilman Baker, motion carried, Mayor (47c) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6512 on first reading. ORDINANCE NO. 6512 AN ORDINANCE UNDERTAKING TO PROVIDE FOR, AND GRANTING "ANTECEDENT SERVICE CREDIT" UNDER THE TEXAS municipal retirement system at the rates herein prescribed, to qualifying EMPLOYEES OF THE CITY OF LUBBOCK, TEXAS. 72-31-474-1168 The following bids were received for the purchase-o f� automobilesj station wagons and vans for (48) various departments, being Bid No. 2222. r Bid Tabulation set in Bid Book. After consideration of all o c� e� �at or w,t�'a,.s r made ounc �menn JAnr w �nded by Councilmen Hollingsworth,/Jordan, Baker et Campbe`Y voting Yea, none voting 9af o accept the bid of University Dodge, Inc. for the purchase of Items,l .. 4; accept the bid of Fenner Tubbs Co. for the purchase of Item 5; and accept 'the bid of Pollard Friendly Ford for the purchase of Item 6. 72-31-474-1169 The following bids were received for the purchase of equipment for new vehicles (radio equipment, (49) light bars complete with lights, speakers, etc.), being Bid No. 2198, Bid No. 2212, and Bid No. 2213. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell 'voting Yea, none voting Nay to accept the bid of Motorola Communications and Electronics, Inc. for the purchase of Items 1 and 2 on Bid No. 2212; accept the bid of General Electric Co.,' Midland, Texas, for the purchase_of.three motorcycle transceivers on Bid No, 2198; and accept the bid of Daco Equipment Company of Texas for.the purchase of nine light bars complete with' lights, speakers, control heads and microphones on Bid No. 2213. 72-31-474-1170 The following'bids were received for the purchase of one motor grader and one street sweeper (50) for the Street Department, being Bid No. 2201 and Bid No. 2202. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Plains Machinery Company for the purchase of one motor grader; and accept the bid of West Texas Equipment Company for the purchase of one street sweeper. 72-31-474-1171 The following bids were received for the purchase of envelopes for Utility Collections, being (51) Bid No. 2227., Bid Tabulation set in Bid Book, After'consideratiori of all bids received, 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 to accept the bid of Dixon Paper Company for the purchase of Item 1 and 2 and accept the 'bid of Rockmont Envelope Company for the purchase of - Item 3.' 72-31-474-1172 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (52) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to appoint Dennis:Graham and Willis Taylor to the Lubbock Commission to Combat Drug Abuse 's to replace Bill D. Kershner and Clyde J. Morganti who resigned, Mr. Graham term will expire October 8, 19742 and Mr, Taylor's term will expire October 8, 1973. 72 -31-474-}173 Mr. H. M. "Buzz" Bourgeois appeared before the City Council and discussed pro rata water fees (53) at Holiday Park Center and property to the north (utilities crossing an unrestricted drainage easement). This property is in the vicinity of 4th Street and Toledo. Mr. Bourgeois requested that he not be required to pay pro rats water charges across property designated as an easement, After consideration of all'information presented, motion was made by Councilmen Baker, seconded by Councilmen Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to deny this request. _ 72-31-474-1174 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Yea, voting (54) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting none to fill the unexpired Nay to appoint Lee Pennington and Ed Napier to the Human Relations Board May 25, 1973. terms of Dan Benson and J. R. Blumrosen who resigned. These terms expire 72-31-474-1175 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 accept the offer of Davis and Humphries Investment'Co. to sell property at 2508 34th Street, being 2,425.84 square feet out of Lots 17-and 18, Block 4, College View Addition. The City will purchase this property for a consideration of $12,399.84. This is for the widening of University Avenue. 72-31-475-1176 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 to pass Ordinance No. 6505 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6505 WHEREAS, the City Council of•.the City.of Lubbock finds it is necessary to appropriate :.-certain specific,funds out of.bond.funds-for.an approved project; WIDENING OF 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: GWO 10655 zr The sum $12,902.34 For.the following purpose: Acquisition of Right -of -Way to widen University Avenue: 2508 - 34th St. (2,.25.84 sq.ft, out Qf Lots 17.& 18, Block.4, College View Addition.to the City of Lubbock, :,Lubbock County,•Texas.. r... . $12;399.84 Supplemental Expenditures 50� 2..50 - :Total $12,902.34 72-31-475-1.177 Motion was made by.Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (26)' . Mayor. -Turner. and -Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that -,the following resolution be.passed... RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, IIIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG. THE.BOUNDARY OF SAID CITY AND DIRECTING PREPAR- ATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS, THAT: . I. . Public necessity exists that the following portions of streets, highways, avenues and/or .alleys in the Ckry.of Lubbock and along the boundaries thereof, be.improved as herein provided, to -wit: STREET FROM TO Brownfield Drive Englewood Avenue Dover Avenue Elkhart.Avenue Brownfield Drive 45th Street 43rd Street Brownfield Drive Dover Avenue 50th Street. Elkhart Avenue Loop 289 Utica Avenue 58th Street 59th Street 58th.Street Toledo Avenue Utica Avenue Toledo Avenue 58th Street 59th Street 78th Street University Avenue Alley West of Canton Avenue 46th Street Avenue "A:. Avenue "D" West 1/2 of Globe Avenue 36•th Street 37th Street Avenue "R" {East 1/2) 3rd Street Clovis Road Waco Avenue Auburn Street A.T.S.F. Railroad Hartford Avenue (East 1/2) 2nd Street 2nd Place Wabash Street Mesa Road Cypress Avenue 6th Street L Toledo Avenue Vicksburg Avenue E. 47th Street Quirt Avenue Ute Avenue Ute•Avenue E. 47th Street E, 50th Street ALLEY E-W alley between llth Street and 13th Street from Raleigh to Salem E-W alley between 19th Street and 20th Street from Boston to Canton E-W alley between 22nd Street and 23rd Street from Canton to Elgin E-W alley between 25th Street and 26th Street from Elgin to Flint E-W alley between 39th Street and 40th Street from, Gary to Hartford E-W alley between 56th Street and 57th Street from Boston to Canton University Avenue South Loop 289 to 76th Street II. Said portions of streets, highways and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted.caliche base, and by surfacing with four (4) course penetration type or 1-1/2" hot mix type asphaltic surface treatment. Alleys shall be improved by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements �n each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of work in - the area between their rails and tracks, double tracks, turnouts and -switches and two. -feet -on each side thereof. STREET IMPROVEMENTS : (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements; after deducting the sum•to•be•paid-by the railways under sub -paragraph (a) above,•provided, that such part of the cost assessed -to 'the abutting:property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final.assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will=not aggregate.•such proportion of the cost.as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to'exceed the benefits; ALLEY IMPROVEMENTS: (c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvemerits,•after deducting -the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property which has single family or two (2) family residential usage on both sides of the alley -to be improved shall be assessed for fifty (50)•% of•the cost of -such improvements,, -Vacant'-property zoned for two (2) family resi- dential -purposes shall -be assessed for fifty (50) % of the cost of such improvements. Property which has commercial or semi -commercial usage, and property used or vacant and zoned for three (3) or more family residential usage shall be assessed for ninety (90) % of the cost of such S improvements: 'Where there is commercial or semi -commercial usage or -zoning on one side of an alley, and single family residential usage and zoning ori-the other side,' property used as a single family residence will not be assessed. -Said abutting -property and owners thereof shall pay and be assessed for the costs of constructing alley paving improvements as specified above, provided, that if it shall appear,at th4 hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate suth'proportion of the'cost as specified above, then there shall be assessed and be paid by-siich•abutting property and the owners thereof, a lesser amount not to exceed the benefits. (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof,.and against abutting property and the owners thereof under sub -paragraphs (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paidun estimates or state- ments on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments.: The first of which shall become due on -or before 20-days after completion and acceptance of the improvements in the unit on which -the property abuts by the City Council; the second, third, fourth and fifth installments shall become due bne, two, three and four years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Council, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street improvements, and seven percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the holder of such assessment or certifi- cate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105 B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature$ and most recent amended by Chapter 176 Acts of the 60th -Legislature. VI I . �I This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 1972. /s/ morr18 W. turner Morris W. Turner, Mayor ATTEST: /s/ Lavenia' Lome Lavenia Lowe, City Secretary -Treasurer APPROVED:' /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: - Is/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 72-31-476-1178 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (26a) Mayor 'Turner and Councilmen Hollingsworth, Jordan,. Baker, -and Campbell voting Yea, none voting May that the following resolution be passed. RESOLUTION WHEREAS, the City Council of the City.of Lubbock.by resolution passed. on November 9, 1972, in regular sessions of said City Council declared a necessity for and ordered the improvement of those certain highways, streets and alleys or portions thereof in the City of Lubbock, Lubbock, Texas, as more particularly described hereafter, by excavating, grading, and paving the same and by the construction of drainage facilities therein and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and directing tht City Engineer to prepare plans and specifications for said improvements; and, ' WHEREAS, -the plans and specifications for the improvements of - said -highways, streets, and alleys have'not-beeii duly approved -.by the City Council of the City of Lubbock, Lubbock, Texas, Fee WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County, Texas, to be necessary in the public interest to make the improvements herein designated on those certain highways, public streets and alleys or portions thereof; NOW THEREFORE, 'BE' IT r.RESOLVED '8Y THE 'CITY COUNCIL OF THE CITY OF IT BOCK: THAT improving the hereinafter described highways, streets and alleys, or portions thereof, located within the City of Lubbock by excavating, grading afrd paving the surface thereof and the construction of drainage facilities therein as well -as the neeessary curbs and gutters which are not now in pIace-be and are hereby•fouind to be a necessity; and, THAT the cost of making such improvements be partly paid for by,the City of Lubbock and partly by the hereinafter described property abutting upon the highway, street or streets and alleys or portions-thereof_which.are hereby ordered --to be improved, and the owners of such i property as i-personal liability after, -public hearing all in accordarnce with and as required by Article 1105b, of the Revised Civil Statutes of Texas amended by'Chapter 281 Acts of the 52nd Legislature and amendments thereto. - The portions of streets and alleys upon which improvements are proposed to be constructed and the abutting property'proposed to be assessed -for said improvements designated and defined by Unit and Sub -Unit are as follows:: Unit No. -Street From 'To 2226-53 Brownfield Drive 2226-54 Elkhart Avenue 2226-55 43rd Street 2226-56• ­50th Street 22-26-58 Utica Avenue 2226-59 58th Street 2226-60 Toledo Avenue 2226-61 78th Street '2226-62 46th Street 2226-63 West 1/2 Ave. 2226-64 Avenue "R" (East 1/2) 2226-65 Waco Avenue ` .2226-66 Hartford Avenue (East 2226-67 Wabash Street -1/2) 2226-68 6th Street 2226-69 ' East 47th Street- 2226-70 Ute Avenue Unit No. Alle Englewood Avenue Brownfield Drive Brownfield Drive Elkhart Avenue 58th Street Toledo Avenue 58th Street University Avenue Avenue 36th Street 3rd Street Auburn Street 2nd Street Mesa Road Toledo Avenue -Quirt-Avenue East 47th Street Dover Avenue 45th Street Dover Avenue Loop 289 59th Street Utica. Avenue 59th Street Alley West of Canton Avenue Avenue. "D" 37th Street Clovis Road A.T.S.F. Railroad 2nd Place Cypress Avenue Vicksburg Avenue Ute Avenue East'50th Street A -438-1 East-West between llth Street and 13th Street from Raleigh to Salem A-438-2 East-West alley between 19th Street and 20th Street from Boston to Canton A-438-3 East-West alley between 22nd Street and 23rd Street from Canton to Elgin A-438-4 East-West alley between 25th Street and 26th Street from Elgin to Flint A-438-5 East-West alley between 39th Street and 40th Street from Gary to Hartford A-438-6 East-West alley betwee 56th Street and 57th Street from'Boston to Canton SPECIAL PAVING IMPROVEMENT PROJECT 2227-1 University Avenue South Loop 289 to 76th Street That the City Secretary be and is hereby authorized and directed to prepare a certified copy of this resolution and to record or cause same to be recorded in the Deed of Trust Records of Lubbock County, Texas. This resolution shall take effect and be in force from -and after its passage. PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 1972. /s/ orris W. Turner Morris W. Turner, Mayor ATTEST: /s/- Laventa Lowe Lavenia Lowe, City Secretary-Treausrer - APPROVED: 72-31-478-1179 • .(28). r /s/ Wilford Watson. Wilford D. Watson, City Engineer APPROVED:, /s/ Fred 0. .Senter. Jr.. Fred 0, Senter, Jr., City Attorney Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell.vo.ting 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 alley }having improvesaents, as determined by the City of Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock alley plans. -and speci£i.•cations as approved..by,the City Engineer, ac�the owners of property abutting the -East-West alley -be tween.61st-Street.and.62nd Drive from Kenosha Drive to Knoxville Drive, have requested pemissionfto have.pavement.improvements xonstructeA on the aforementioned alley -and -the paving of said alley is needed,to provide access -to the area during its construc- tion period, and the City Engineer has approved the plans and specifications for such improve- -ments,.and, WHEREAS .the owners of the property abutting on the herein.described alley will contract separately with a competent contractor for the above alley improvements, and said improvements.will be constructed in.accordance with the abovemen- tioned plans and specifications under the supervision 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 $2,219.59, the total cost not over $2,330.57, and the City's share in connection therewith would not exceed $1,165.29, leaving the property owner's portion not to exceed $1,165.28, such costs being well within the - current prices for paving obtained by competitive bidding, and that such payment be 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 $1',165.29 will be duly budgeted, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY..OF LUBBOCK: Section 1. THAT, the.Ctty-Engineer be and he is hereby authorized to approve plans and specifications for paving on the alley herein described provided that -such plans and specifica- tions.meet the usual requirements for paving on alleys within the corporate limits of the City of Lubbock; said alley being as follows, to -wit: The -.East-West alley between.61st Street and 62nd Drive from the West property line of Knoxville •Drive�(North Side) to a point.223.64 feet West of the WPL of Knoxville Drive (North Side), Melonie Park Addition, Unit Number A-4.36. The City Engineer is further authorized and directed to duly inspect said paving construction on said alley 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 $1,054.31 which is the City's share ($1,165.29 less $110.98 engineering) leaving the amount due the Contractor from the property owners not to exceed $1,165.28. Section 2. This authority is conditioned that to 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 bis.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 alley and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum of $1,054.31 to the Contractor. v On motion of Councilman Hollingsworth, seconded by Councilwoman Jordan, the foregoing resolution was unanimously passed by the City Council this 9th day of November, 1972. /s/ Morris W. Turner, Morris W. Turner, Mayor ATTEST: Isl Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer THE OWNERS of abutting property on the abovementioned alley, and , Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. Contractor 72 -31-4 79-1180 ,J- (Z) , Leo Padgett Harold G. Wood David Pinson H. G.-Denison Frank V. Simpson 45 44.04 118..47 Property Owners 46 75.0 201.75 47 104.64 281.48 120' 154.51 415.63 121 55:0 147.95 Total- $1,-165-:28 APPROVED: APPROVED: s/ Wildord D. Watson. Jat Fred 0.-Senter Jr. Wildord D.>Watson, City Engineer r Fred O,.'Senter, Jr., Motion was made by Councilman Hollingsworth,'s"econded by -Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize final payment in the amount of.$12,695.10 to -De Laval Turbine, Inc. for furnishing two pumps for Pump Station No. 8. Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On October 31, 1972, I inspect-bd the pumps, and contrdl.systems at Pump Station #8, WWO 11461, dated July.22, 1971, and found said pumps'to have been furnished, installed and tested in accordance with the plans and specifications. Therefore, I recommend that you accept said pumps and authorize final payment to the Contractor. Yours very truly, /s/ Wilford D. Watson Wilford D. Watson City Engineer CONTRACTORS AFFIDAVIT ON CLOSING -JOB. STATE OF TEXAS COUNTY OF D,ALLAS Before me, a notary Public in and for Dallas County, Texas, on this 'lay personally appeared Jeffrey -A. Gray, who being by me duly sworn, upon oath says: 'I, Jeffrey A. Gray (Delaval. Turbine, Inc:), -do represent to the -City. of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated July 23, 1971, for furnishing and delivering -two (2) motor driven -high service, water pumps and controls under W.W.O. 11461, 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 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 substan- tially 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 14th day of November, 1972. /sl Jeffre A. Gray Subscribed and sworn to before me this the 14th day of November, 1972. My commission expires June 1, 1973. Priscilla A. Davies Notary Public in and for Da-llas, County, Texas 72-31-479-1181 Motion was made by Councilwoman Jordan, seconded by Councilman, Hollingsworth, motion carried, (27) Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting -Yea, none voting Nay that the following resolution be passed. Councilman Baker abstained from voting on this motion. 1973 PAVING RESOLUTION t RESOLUTION APPROVING AND ADOPTING ESTIMATE OF THE COST OF IMPROVEMENTS, OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADLN.G, LAYING CURB AND -GUTTER AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND CERTAIN STREETS AND HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, FILING THE TIME AND y PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY. RAILWAYS, OR RAILWAY COMPANIES USING, OCCUPYING OR CROSSING ANY PORTION OF STREETS AND/OR ALLEYS AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. M WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that portions of streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter, reinforced concrete five (5) inch thick alley pavement�-reinforced concrete railroad crossings and street pavement with caliche base and five (5) course asphalt surface together with incidentals and appurtenances. WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates ofthe amounts per front foot to be.assessed against,abutting property and..the owners thereof, aixd Railways or Railway Companies using, occupying or crossing any portion of streets and/or alleys, and such estimates have been prepared and--examined; - -THEREFORE-, BE, IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF-LUBBOCK, TEXAS. x. Such estimates be and they are hereby adopted and approved. II. NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS, RAILWAYS AND/OR RAILWAY COMPANIES -USING, OCCUPYING OR CROSSING ANY PORTION OF STREETS AND/OR ALLEYS -AND TO ALL OTHERS.AFFECT-ED: The Governing Body of the City of Lubbock has heretofore ordered that the following portions af'streets; highways, avenues and/or alleys in and along the boundary of the said City of Lubbock, Texas, be improved by raising, grading and filling and installing concrete curbs and gutters, reinforced concrete five (5) inch thick alley pavement, reinforced concrete railroad crossings and street pavement with caliche base, four (4) course asphalt surface, storm sewers and drains where necessary on streets, highways, avenues and/or alleys,, designated below: It is hereby found and determined that the cost of the improvements ,on such portions of said streets, avenues, highways and/or alleys with the amount or amounts -per front foot proposed to be assessed for such improvements against the abutting property, the owners thereof, on the portions of said streets, avenues, highways, and/.or alleys and railways and/or railway companies, using, occupying or crossing any portion of said streets, avenues, highways and/or alleys as follows, to -wit: The following streets are known and designated as Unit Number 2226,.Sub-Unit 53-56 and 58-70 (inclusive), the total estimated cost of the improvements is $149,762.78, the estimated amount-per,front foot to be assessed against -the abut-ting property and the owners thereof for curb and gutter is $1.B4; the estimated amount per' front foot to.be assessed against the abutting property and the owners thereof for improvements exclusive of property owner curb and gutter is $3.74 for front pb:utting-and $2.50 for side abuutting property. The estimated cost of each Sub -Unit is as follows: Sub -Unit 53,.Brownfield Drive from Englewood Avenue to Dover Avenue, the estimated cost of Sub -Unit 53 of.Unit 2226 is $13,787.96. Sub -Unit 54, Elkhart Avenue from Brownfield Drive to 45th Street, the estimated cost of Sub- unit 54 of Unit 2226 is $5,P 57.48.- Sub-Unit 55, 43rd Street from Brownfield Drive to Dover -Avenue, the estimated cost of Sub -Unit 55 of Unit 2226 is $3,505.38. Sub -Unit 56;.50th Street:from Elkhart to Loop 289, the-es.timated cost of Sub -Unit 56 of Unit 2226 is $10,634.66. Sub -Unit 58, Utica Avenue from 58th Street to 59th Street, the estimated cost of Sub -Unit 58 of Unit 2226 is $2,990.08. Sub -Unit 59, 58th Street from Toledo Avenue to Utica Avenue, the estimated cost of Sub -Unit 59 of Unit 2226 is $8,228.46. Sub -Unit 60, Toledo Avenue from 58th Street to 59th Street, the estimated cost of Sub -Unit 60 of Unit 2226 is $2,593.05. Sub-Unit-61, 78th Street from University Avenue to alley West of Canton Avenue, the estimated {cost of Sub -Unit 61 of Unit 2226 is $24,644.39. Sub-Uni't 62,-46th Street from Avenue "A" to Avenue "D", the estimated cost of Sub -Unix 62 of - Unit 2226 is $19,794.93. Sub -Unit 63, West 1/2 of Globe Avenue from 36th Street to 37th Street, the estimated cost of Sub -Unit 63 of Unit 2226 is $3,970.97. Sub -Unit 64, Avenue "R" from 3rd Street to Clovis Road, the estimated cost of Sub -Unit 64 of Unit 2226 is $4,037.86. Sub -Unit 65' Waco Avenue from Auburn Street to A.T.S.F. Railroad, the estimated cost of Sub -Unit 65 of Unit 2226 is $5,132.76. I Sub -Unit 66, Hartford Avenue from 2nd Street to 2nd Place, -the estimated cost of Sub -Unit 66 GA� Unit 2226 is $2,590.56. r. t• Sub -Unit 67, Wabash Street from Cypress Avenue to Mesa Road, the estimated cost of Unit 67 of Unit 2226 is $7',390.47. Sub"Unit 68, 6th Street from Toledo Avenue to Vicksburg AVenue,-the estimated cost of Sub - Unit 68 of. -Unit 2226 is:$12,-531.56. r Sub -Unit 69, East 47th Street -from Quirt Avenue to Ute Avenue, the estimated cost of Sub -Unit 69 of Unit 2226 is $11,548.17. Sub -Unit 70, Ute'AvenueM1from East 47th Street to -East 50th-Street, the estimated cost of Sub - Unit 70 of Unit 2226 is $10,804-.23. The following -eighty-six (86) foot width street -is known and designated as Unit Number 2229, Sub -Unit 1, the total estimated cost.of-the improvements is $57,191.00; the estimated amount per front foot to -be assessed against the abutting property and the owners thereof for R curb and gutter is $3.10-; the -estimated -"amount per front foot to be'assessed against the abut- ting property and the owners thereof for improvements exclusive of curb and gutter is $8.80 for front abutting property iti-residential zones and $13,20 for business zones: The estimated.'cos.t of each Sub -Unit is as follows: Sub -Unit 1, University Avenue from South hoop 289 to 76th Street, the estimated cost of Sub - Unit 1-of Unit• 2229 is $57,191.00.- For the -following ten (10) foot wide alleys known -and-desigtated as Unit Number A-438, Sub-Unit•.l, 2, 3,.5 & 6-(inclusive); the total estimated cost.fo'r the improvements is $39,551.33; .the estimated amount per front -foot- to be a:�sessed'against the abutting property, other than that used for single family of two family residential purposes, and the owners -thereof for the im- provements is $4:79; the amount to be assessed against the abutting property used for two family. -residential purposes -and the owners thereof and -for property used for single family purposes -.(where the property on both sides of,the alley is used for residential purposes) and the owners thereof is $2:66. The :estimated cost of -each Sub -Unit is as follows: Sub -Unit 1, Alley between llth Street and'13th Street, from Salem Avenue to Raleigh Avenue, the estimated --cost of Sub -Unit 1 of Unit A-438 is $12,132.63. Sub -Unit 2, Alley between 19th Street and 20th Street, from Canton Avenue to Boston Avenue, the estimated cost of Sub -Unit 2 of Unit A-438 is $3,605.51. Sub -Unit 3, Alley between 22nd Street and 23rd Street,_ from.Elgin Avenue to Canton Avenue, the estimated cost of Sub -Unit 3 of Unit'A 438 is $8,859.27. r Sub -Unit 5, Alley between 39th Street and 40th Street, from Hartford -Avenue to Gary Avenue, the estimated cost of Sub -Unit 5 of Unit A-438 is $6,348.85. Sub-Unit•.6, Alley between 56thTStreet and 57th Street, from Canton Avenue to Boston Avenue, the estimated cost of Sub -Unit 6 of Unit A-438 is $8,605.07. For the following eleven (11) foot wide alleys -known and designated as Unit Number A-438, Sub -Unit 4S; the total estimated cost of the improvements is $4,519.21 other than that used for single family or two family residential purposes, and the owners thereof for the improve- .-.-ments_is $3.M; the amount to be assessed against the abutting property used for two family resi-dential purposes and the owners thereof and for property used for single family purposes (where the property on both sides of the alley is used for residential purposes) and the owners thereof is $2.00. The estimated cost of Sub -Unit is as follows: Sub -Unit 4S, Alley between 25th Street and 26th Street; from Flint Avenue to Elgin Avenue, the estimated cost of Sub -Unit 4S of Unit A-438 is $4,519.21. And arrangement for the making and construction of such improvements with pavement of four course asphalt surface treatment (Inverted Penetration Type)and a six (6) inch compacted caliche base in streets, highways and avenues, alleys to be constructed with pavement of five (5) inch reinforced concrete slab has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, the owners thereof and the Railways and/or Railway Companies, using, occupying or crossing any portion of said streets or alleys, their rails, tracks, double tracks, turnouts and switches aad_two.(2) feet.on each -side thereof for reinforced concrete street crossings and reinforced concrete alley slabs in said streets or alleys have been filed with the City, such rolls or statements showing other matters and things, and have been approved and the City Council of said City has fixed a time and place for hearing to the owners of property abutting upon said portions of streets, highways, avenues and/or alleys and Railways or Railway Companies using, occupying or crossing any portion of said streets or alleys, and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to the respective parcels of property by means of the improvements in the unit upon which the particular property abuts, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be deter- mined, and after such hearings assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in regular Council Meeting Room in the City Hall, in the City of Lubbock, Texas, on the 25th day of January, 1973, at 2:00 p.m. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City F,ngineer of the City of Lubbock and open -to inspection of any interested parties at any time, and of all said -matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Council of the City of Lobosk,• phis -the 9th day of November, 1972. .No not�ce.other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all Persons, firms, corporations and other parties. • - III. - That a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting•any part or portion of said streets, highways, avenues and/or alleys or any Railway -or Railway Company using, occupying or crossing any street, avenue or alley described in Section II, of this Resolution, as well as all owning or claiming any interest .in any such property. Such hearing shall be given and 'held.on the 25th-day of January,. 1973,. at.2:00 p.m. osclock on the second floor in the City Hd11;.City of Lubbock, Texas, and the City Secretary is hereby directed. to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and pro- visions of an Act passed at -the first called session of the.40th Legislature of the State of -Texas and-known.as Chapter 106 of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and as amended by Chapter 176 Acts of the 60'th Regular Session of said Legislature. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the .first publication shall be made at least twenty-one days before the said hearing; and, additional written notice of the heerivig shall be given by depositing in the United States mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners -of the respective properties abutting such highway, highways, or portion or portions hereof and any reilway or street railway using, occupying or crossing any highway, portion or portions thereof to be improved, as the names of such owners are phown ota the then current rendered tax rolls of the City of Lubbock and at the .addresses so shown, or if...the names -of such -respective -owners -do not appear on such rendered tax.rolls; then addressed to such owners as their names are -shown on the current unrendered rolls -of the city at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this resolution and said Act as amended. PASSED AND APPROVED BY UNANIMOUS VOTE GF.THEE GOVERNING BODY OF THE -CITY OF LUBBOCK, TEXAS, THIS THE 9TH DAY OF NOVEMBER, 1972. Is/ Morris W. Turner Morris W. Turner ATTEST s Lavenia Lowe. Lavenia Lowe, City.Secretary-Treasurer APPROVED:APPROVED.. - Isl Wilford D. Watson/s/ Fred 0. Senter, Jr. Wilford D. Watson, City Engineer Fred,p.-Senter, Jr., City Attorney NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, NOVEMBER 9,..197. MORRIS W. TURNER, MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer READ AND APPROVED THIS THE MORRIS W..TURNER, MAYOR ATTEST: Lavenia Awe, City Secre ary-Treasurer L