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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/13/1973'34 Rl SEP 13 1973 September 13, 1973 REGULAR CITY COUNCIL MEETING The City Council of the City of Lubbock, Texas, met at 10:00 o'clock A.M. in -the regular meet- ing 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. Senter, Jn, and City Secretary -Treasurer Lavenia Lowe. Absent: None 73-32-349-892 The Invocation was given by Councilman Bryce Campbell. (1) 73-32-349-893 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 73-32-349-894 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (3) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to hold the City Council Minutes of August 22 and August 23 for approval until the next regular City Council Meeting. 73-32=349-895 Don Graf appeared before the City Council with a request to place carillons at the Redeemer (6) Lutheran Church in remembrance of Rev. Elmer Neunaber. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to approve this request. 73-32-349-896 Dirk West, a member of the Park and Recreation Board appeared before the City Council and pre- (8) sented the recommendations of the Park and Recreation Board that the City Council consider a resolution requesting that the Texas Parks and Wildlife Commission consider designating the proposed eighth lake of the Canyon Lakes Project a state park site. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS the State Parks and Wildlife Commission is actively seeking a site for a large State Park in the High Plains Area of West Texas; and WHEREAS Lubbock County contains the greatest concentration of population on the High Plains and should be one of the areas considered; and WHEREAS the Lubbock area's major topographical feature is Yellowhouse Canyon; and WHEREAS an Engineering feasibility study for the City of Lubbock Canyon Lakes Project pro- poses an 8800 acre recreational site southeast of Lubbock, Texas, which includes a 1600 surface acre lake and identified as lake No. 8 on the Canyon Lakes Project plat attached hereto; and WHEREAS the City of Lubbock is actively engaged in construction of Phase I (in town lakes) of the Canyon Lakes Project which would add to and compliment a large State Park and Lake 8 in this lake system; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council and the Parks and Recreation Board of the City of Lubbock endorses the lake site described above as the site of a new State Park and urges the State Parks and Wildlife commission to consider such property in its deliberations. Passed by the City Council this 13th day of September, 1973. ATTEST: Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer /s/ Morris W. Turner MORRIS W. TURNER, MAYOR APPROVED AS TO FORM: Fred O.' Senter Jr. Fred 0. Senter, J., City Attorney 73-32-349-897 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 to pass Ordinance No. 6716 on second and final reading. ORDINANCE NO, 6716 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital project fund The sum $52,894.00 ' 5 SEp 1 Z 1973 For the following purpose: Purchase pump and motor for low Head "B" Pump Station Contract Misc. $52,884.00 100.00 $52,984.00 73-32-350-898 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, {11) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6717 on second and final reading. ORDINANCE NO. 6717 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; 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 $25,057.40 For the following purpose: Acquisition of Right-of-way to widen 4th Street. Parcel No. 27: 3,228.89 sq. ft. out of Lots 1 & 2, Block 1, Arrow Resubdivision of Block 4, Roberts & McWhorter Addition to City of Lubbock, Texas .......... ....................... ..... $25,000.00 Interest at $4.10 per day for 14 days ........................ 57.40 Total....$25,057.40 73-32-350-898(a) Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, i (12) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6719 on second and final reading. ORDINANCE N0. 6719 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Electric Light and Power System Revenue Bonds The sum $60,000 For the following purpose: Contractual cost of engineering services and various soil tests, concrete tests, and other related cost. 73-32-350-899 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (13) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6720 on second and final reading. ORDINANCE NO, 6720 AN APPROPRIATION ORDINANCE WHEREAS, The City Council of the City of Lubbock find; it necessary to appropriate certain specific funds out of Civic Centex 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 Civic Center Bond Funds, to -wit: The sum $814,850.00 For the following purpose: To purchase Lot 1, Block 1 and Lot 3, Block 2 Memorial Center Addition to the City of Lubbock, Lubbock County, Texas. 351 SEP 13 1Q7 73-32-351-900 (15) See ,' �rtf 7/37 • 2.d lfl6/? Did . -2aW - 26 If/6 -$ s s „ 7/-/ -76,-) Cs�.2/7�J ib 3/a� 73-3-3v51=901 (161 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6709 on second and final reading. nRnTMAwrx mn A7n4 II AN ORDINANCE AMENDING ZONING ORDINANCE N0,, 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1916: CHANGE A TRACT OF LAND OUT OFI SECTION 3, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "A-1" AND "R-l" ZONING DISTRICT TO AN "R-I'' SPECIFIC USE, ROW DWELLINGS OR TOWNHOUSES:" SUBJECT TO CONDITIONS: -PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR A PENALTY AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6710 on second and final reading. ORDINANCE NO. 6710 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. 1921: CHANGE LOTS 4,5,6,7,8,9,10 and 11, BLOCK 2, CLUTTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A "C-4" TO AN "M-l" ZONING DISTRICT:' PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 13-32-351-902 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (18) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6712 on second and final reading. ORDINANCE NO. 6712 AN ORDINANCE AMENDING Z0NING ORDINANCE NO, 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1924: CHANGE LOTS 13, 14, and 15, AND DESCRIBED TRACTS OF LAND, BLOCK 36, ROBERTS-McWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A C-3 TO A C-4 ZONING DISTRICT: PROVING A SAVINGS CLAUSE: AND PROVIDING FOR PUBLICATION. 73-32-351-903 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, u (19) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6713 on second and final reading. ORDINANCE N0. 6713 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1925: CHANGE THE NORTH 50' E1/2 OF LOT 23 AND NORTH 50' OF LOT 24, BLOCK 70, OVERTON ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A-2" ZONING DISTRICT: SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 73-32-351-904 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (20) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6714 on second and final reading. ORDINANCE NO. 6714 AN ORDINANCE AMENDING ORDINANCE NO. 3531 OF THE CITY OF LUBBOCK WHICH COVERED ZONE CASE NO. 923, BY AMENDING CONDITION NO. 2 THEREOF WHICH PROVIDED FOR A SCREENING FENCE: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 73-32-351-905 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (21) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6715 on second and final reading. ORDINANCE NO. 6715 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED TO THE SPEEDS AS HEREINAFTER DESCRIBED IN THE BODY OF THIS ORDINANCE ON CERTAIN PORTIONS OF F. M. 2641 AND 40TH STREET IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO: REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT: APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN: PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE: PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION THEREOF: AND A PENALTY CLAUSE. 1$-32-351-906 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (22) 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 an Extension Agreement to the Research, Monitering and Advisory Service Agreement, Canyon Lakes Water Quality, in favor of Texas Tech Water Resources Center, attached herewith which shall be spread upon the minutes of the Council andas spread upon the minutes of this Council shall constiture and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of September, 1973. ATTEST: /s! Lavenia Lowe +. ! T ___� AS ��.y ..—rwtw ram•-�i4 wwh.�MAY /s/ Morris W. Turner MORRIS W.TURNER MAYOR APPROVED AS TO FORM: /a/ Brad A_ Rpnter Jr. 352 I it Ion EXTENSION AGREEMENT TO THE RESEARCH, MONITERING AND ADVISORY SERVICE AGREEMENT CANYON LAKES WATER QUALITY WHEREAS, the City of Lubbock and TexasTech University Water Resource Center entered into an agreement on February 22, 1973 for the performance of research, monitering and advisory service on the Canyon Lakes Water Quality, and WHEREAS, the parties to such Agreement have notified the other party that this Agreement should be extended for an additional twelve (12) months period. WITNESSETH: The City of Lubbock and Texas Tech University Water Resource Center do hereby extend that certain Agreement dated February 22, 1973 as described above for a period of twelve (12) months beginning on October 1, 1973. This extension is granted upon the same terms and conditions as set forth in the orginal Agreement. The City shall pay to the Center as compensation for the services to be performed during the twelve (12) months of this extension the sum of $5,877.96 with payment to be made at the rate of $489.83 per month on the first day of each month of the extension period. EXECUTED THIS THE 13th day of September, 1973. CITY OF LUBBOCK ATTEST: 1sl Lavenia Low Lavenia Lowe, City Secretary-aTreasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Fred 0. Senter, Jr., City Attorney �• awaaau n. a..a .a..a MORRIS W. TURNER, MAYOR TEXAS TECH WATER RESOURCES CENTER TEXAS TECH UNIVERSITY Dr. Glenn E. Barnett, Exec. Vice -President ATTEST: Secretary -Board of Regents 73-32-352-907 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (23) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, Lubbock has experienced as increase in population since the census taken in 1970; and, WHEREAS, it is the desire of the -City Council to acknowledge such increases in population; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the population of the City of Lubbock for the year 1973 be and is hereby estimated as 159,350 and such population figure is hereby authorized to be used as the official population of the City of Lubbock. Passed by the City Council -this 13th day of September, 1973. /s/ Morris W. Turner MORRIS W. TURNER, MAYOR ATTEST: APPROVED AS TO FORM: Is/Lavenia Lowe /g/ Fred 0. Senter Lavenia Lowe, City Secretary -Treasurer Fred 0. Senter, Jr., City Attorney 73-32-352-908 The City Council considered the request of J. D. Badley for permission to pave the north one- (24) half of 50th Street just west of Frankford Avenue and the west one-half of Frankford Avenue from 50th Street to Loop 289. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell Voting Yea, none voting Nay to approve this request. 73-32-352- 909 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (25) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of C.C. Knott Addition Tract A, made arrangements with Bill Averitt & Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of C.C. Knott Addition Tract A including the following streets: V5,3 SEP 13 1973 ®11 Number 2014-57. North one half of 58th Street from its intersection with the centerline of Bangor Avenue to its intersection with the centerline of Chicago Avenue known and designated as New Subdivision Unit Number 2014-58: West one half of Bangor Avenue from its intersection with the South lip line of 56th Street to its intersection with the North lip line of 58th Street know and designated as New Subdivision Unit Number 2014-59. East one half of Chicago Avenue from its intersection with the South lip line of 56th Street to its intersection with the North lip line of 58th Street known and designated as New Subdivision Unit Number 2014-60. AND WHEREAS, the construction of the above improvements on'the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13th DAY OF SEPTEMBER, 1973. ATTEST: /s/ Lavenia Lowe, City Secretary Lavenia Lowe, City Secretary APPROVED: /s/ Morris W. Turner Morris W. Turner, Mayor APPROVED: /s/ Wilford D. Watson /a/ Fred 0. Senter Jr. Wilford D. Watson, City Engineer Fred 0. Senter Jr., City Attorney CONSOLIDATED FINAL ESTIMATE C.C. Knott Addition - Tract A Accepted September 13, 1973 QUANTITIES S.Y. L.F. S.Y. Unit Paving Curb & 6" Sub -Unit Location 6" Base Gutter Caliche Base NS-2014-57 South 1/2 of 56th Street from the 1,604.44 628.00 80.44 Centerline of Bangor Avenue to the Centerline of Chicago Avenue. NS 2014-58 North 1/2 of 58th Street from the centerline of Bangor Avenue to the Centerline of Chicago Avenue. Developer's Cost 1,363.78 628.00 80.44 City's Extra Width 240.67 NS 2014-59 West 1/2 of Bangor Avenue from the 1,550.32 628.00 75.78 South lip line of 56th Street to the North lip line of 58th Street NS 2014-60 East 1/2 of Chicago Avenue from the South lip line of 56th Street to the North lip line of 58th Street. Developer's Cost 1,322.99 628.00 75.78 City's Extra Width 227.33 Total Developer's Cost 5,841.53 2,512.00 312.44 Total City's Extra Width 468.00 TOTAL COST 6,309.53 2,512.00 312.44 =5 .VP 13 t973 COST ESTIMATE 6309.53 S.Y. Paving 6" Base 2512.00 L.F. Curb & Gutter 312.44 S.Y. Extra Base 6" Unit & Sub -Unit NS 2014-57 NS 2014-58 NS 2014-59 NS 2014-60 TOTAL Contract Cost .$5,963.13 5,963.16 5,811.2.6 5.811.26 $23,548.81 Property Owner Cost $5,963.13 5,315.76 5,811.26 5,199.74 ... $22,289.89 @$2.69 @$2.45 @$1.35 CONTRACT COST City to Contractor NOW 647.40 611.52 $1,258.92 $ 16, 972.64 $ 6, 154.40 $ 421.77 $ 23, 548.81 73-32-354-910 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (26) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, the City of Lubbock passed a resolution on the 14th day of September 1972 author- izing the construction of street improvements by W.D. Turner Construction Company on a portion of the following street: Cornell Street from the East lip line of North Avenue "U" to 5.0 feet West of the West property line of North Avenue "T", known and designated as Sub -Unit 57 of Unit Number 2226. AND WHEREAS, the improvements upon the said portion of the abovementioned street have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portion of the abovementioned street be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's share. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 13TH DAY OF SE°PTEMBER, 1973. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer CONSOLIDATED FINAL ESTIMATE North 1/2 Cornell Street Accepted September 13, 1973 /s/ Morris.W. Turner Morris W. Turner, Mayor APPROVED: /s/ Fred 0. Senter Fred 0. Senter, Jr., City Attorney QUANTITIES L . F. S.Y. L.F. S.Y. Curb & L.F. Unit & Paving Curb & Valley Gutter Paving Sub -Unit LOCATION 6"Base Gutter Gutter Removal Repair 2226-57 North 1/2 of Cornell Street 1099.02 629.76 15.78 33.00 33.00 from the E.L.L. of Avenue "U" to 5.0' West of the W.P.L. of North Avenue "T". COST ESTIMATE 3N SAP 13 197 COST ESTIMATE (Cont.) 629.76 L.F. Curb & Gutter 15.78 S.7 Valley Gutter 33.00 L.F. Curb & Gutter Removal 33.00 L.F. Paving Repair COST DISTRIBUTION @ $1.75 $1,102.08 @ $8.00 126.24 @ $1.00 33.00 @ $1.00 33.00 CONTRACT COST $3,217.61 Unit & Cost Cost Cost Sub -Unit Contract Property Owner _City____ 2226-57 $3,217.61 $3,150.85 $66.76 73-32-355-911 Ken Flagg appeared before the City Council and requested that the City of Lubbock authorize (7) billing of all electric homes and businesses through one meter. Bill Wood, Director of Utilities, appeared before the City Council in this regard. After consideration of all information present- ed, 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 establish intent to work out a proposal for a one meter electric rate. Henry Huneke was also present in the Council Chamber for this request. 73-32-355-912 J. Q. Warnick, Jr., Chairman of the Electric Utility Board, appeared before the City Council (9) and presented the following proposal regarding the operation of Lubbock Power and Light and requested that the City Council consider amendments to the City of Lubbock Charter: For my purposes, a brief history of the current events concerning the creation of an independent board for Lubbock Power and Light is in order. In 1969, the Lubbock Chamber of Commerce instituted a series of Town Meetings. The objective was to set "Goals for the Seventiek. The roll call of the citizens of this community who participated is a list of esteemed, reputable and notable men and women. One of the goals set was the consideration of "an inde- pendent'board for Lubbock Power and Light". The first official action was taken by you at your meeting on August 24, 1972. A committee composed of five citizens was appointed to: 13... conduct a study of Lubbock 'Power and Light and make recommendations to the City Council. These recommendations to include: 1. Ways and means of assuring more of a business -like approach to the operation of L.P.Q. 2. A plan to insure that needed expansion capital for permanent plant and distribution improvements will be available, without the necessity of politically sensitive revenue bond elections. 3. A program for promotion of Lubbock Power and Light that will be compbtitive with other utilities in competing for business. 4. Recommendations for Charter Amendment Election, if necessary, to implement these changes." The members of the Committee were: J.R. Blumrosen, who served as Chairman (Mr. Blumrosen is an attorney who has earned the respect of Laymen as well as his brothers at the bar); Mr. E. K. Hufstedler, Jr. (he is a successful businessman, outstanding religious lay leader and former member of this City Council); Mr. Hoyt Nix (another praiseworthy businessman in this community, who brought with him special knoLedge of the electric industry because of his business experi- ence); Mr. Jack Payne (President of the American State Bank, who has an enviable and progressive record in banking); and, Mr. Clarence Whiteside (longtime citizen of this community, notable businessman and served as the Mayor of this fire City). The Council obviously selected five prominent, prudent and solid citizens to study this matter. I know, of personal knowledge, that they did make an in depth study. They debated heartily resolved issues and reported on January 15, 1973. The report was promptly handed to the Electric Utility Board for its consideration. We made our report on February 8, 1973. Our report said: "These five men have made a thorough study of the history of Lubbock Power and Light... They have offered business -like solutions to the problem of what to do with Lubbock Power and Light. Their answer is to offer to the citizens Of Lubbock electricity at the most dependable and economical rate possible. The Electric Utility Board unanimously 356 endorses this report. We hope the City Council will immediately begin steps to implement the same." The reputation in the community of those members of the Utility Board who made that endorsement, excluding myself, is equally admirable. Mr. E. K. Hufstedler was also on the Utility Board. The other four were: Mr. Gene Alderson (another respected businessman in this community and also a former member of the City Council); Mr. Charles Cobb (an outstanding citizen with Manifold efforts in civic affairs and highly respected attorney); Mr. John Herzer (new to our community but at the top of his field of business endeavor); and, Mr. Jack Powers (a highly regarded pro- fessor at Texas Tech, who possesses a fine reputation as a citizen plus academic and practical engineering knowledge). Nine prominent citizens of this community, at your request and under your guidelines, have brought back answers worthy of consideration. You made the decision to proceed first with a bond election. Not one of the ten people, including myself, who were on the Study Committee or the Utility Board, can be faulted for their lack of enthusiasm, participation or effort in that bond election. It was plain to me that the report of January 15th, and our endorsement of the same was the recommendation of a concept without the mechanics of practical implementation. As chairman of the Electric Utility Board, I urged our Board to engage in a study that would lead to the con- summation of your directives. I reported this studytu you by letter of June 25, 1973. We promised a report at your first meeting in August. Mr. Powers, Mr. Alderson and myself consulted with the City Attorney's Office after doing homework of our own. We informed Mr. Senter and his staff what we wanted. Speaking as a fellow professional, I would like to pay a compliment to the City Attorney and his staff. I think that their choice of legal approach to creating an independent board is magnificent in its simplicity. It dould accomplish the goals that I presumed we were all united behind. That report was presented to you prior to your meeting of August 9th. At your meeting of August 13rd, you tabled all Charter Amendment items. This, as I under- stand, includes the Lubbock Power and Light proposals. I have promised myself that I would talk candidly about this matter and would speak about the obstacles as I see them. To speak with candor is not to speak insultingly. The emotion I feel is not anger but disappointment: I am dislldsioned because people (you, I mean) for whom I have respect have unintentionally frustrated a project worthy of execution. We have placed before you a plan which was a businesslike approach. It will secure the needed funds for capital improvement as per your specific directive No. 2 of August 24., 1972. I think there are three stumbling blocks in the path of presenting a ballot choice to create" or not to create an independent board. First, there is ever the temptation to take all of the profits from Lubbock Power and Light to hold down taxes. When J. R. Blumrosen made his report, he said that Lubbock Power and Light had over the years been treated as a chicken that laid eggs. We had taken every egg, but we had never done the proper thing about the feeding and growth of the chicken. You are deciding, by your failure to submit this issue, to continue that policy. During the election, immediately afterwards. 357 ,.SEP 13 19; �ot choice to create or not to create an independent board. First, there is ever the temptation to tail of the profits from Lubbock Power and Light to._.down taxes. When J. R. Blumrosen made his report, he said that Lubbock -Power and Light had over the years been treated as a chicken that laid eg *. a ad akeb-every egg, but we had never done the proper thing=tocontinue and growth of the chicken. You are deci lbg,_b�► your failure to submit , that policy. During the election, immediately afterwardsand to this day, the people I contact want to create a managerial and independent board. The second obstacle is tied to your decision not to submit other Charter Amendments. Everyone knows there have been allegations that certain groups, ethnic and minority, are being denied an opportunity of service on this Council because we elect the Council at large. I pre- sume, you do not intend to submit a Charter Amendment on that issue. Our Lubbock Power and Light proposal has become the gambit in a very transparent charade. You can now say to the proponents of the Council expansion, "We are submitting NO Charter Amendments." Thus, avoiding the explanation of your opposition to submission of Council expansion. The avoidance of offer- ing justifiable positions is a pleasure that should be denied to all who have requested a public trust and been granted the same. The third obstacle is the existence recently of an intra-Council personality problem, issue, or whatever. It has led to this -- it is a larger offense -to -point out a Council created problem that to be the cause of the problem. I find this ironic; I heard your criticism of our Charter Amendment proposal to permit bonds to be issued without an election was that it would deny the people an opportunity to voice their opinion. By your refusing to submit any Charter Amendments, you are doing just that -- denying the people an opportunity to voice their opinion. Nine reputable citizens, at your request, have answered your directives under your guide- lines. I feel certain that the political and economic atmosphere is opportune. Those Charter Amendments would pass. There would be created an independent board. Thus, insuring dependable electricity at the most economical rate possible while keeping in the hands of elected officials the rate setting authority and final budget power. I ask you to submit the Lubbock Power and Light Charter Amendments at the City elections in the Spring of 1974. I base that request on the considered opinions of J. R. Blumrosen, E. K. Hufstedler, Jr., Hoyt Nix, JackPayne, Clarence Whiteside, Gene Alderson, Charles Cobb, John Herzer and Jack Powers. Lubbock is. my hometown. It is equally your city. The only gain in this for any of us is a better city. I look forward with enthusiastic anticipation to working in the Spring of 1974 for the necessary Charter Amendments to create an independent board at Lubbock Power and Light. J. Q. Warnick, Jr., Chairman Electric Utility Board September 13, 1973 E. K. Hufsteadler and W. E. Alderson, members of the Electric Utility Board, also appeared before the City Council in this regard. After discussion of this item, it was unanimously agreed for the Electric Utility Board to have lunch with the City Council on September 27, 1973 for further discussion in this regard. 73-32-357-913 The City Council considered passage of Ordinance No. 6708, changing property located north of (14) r SEp 13 19T Loop 289 and east of Quaker Avenue from "R-l" to'hM" and "C-ZA" Zoning Districts, on second and final reading. 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 uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6708 on second and final reading. 11 ORDINANCE NO. 6708 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE TIME FOLLOWING CHANGE: ZONE CASE NO. 1910: CHANGE TRACTS OUT OF A PRE- LIMINARY PLAT OF QUAKER HEIGHTS ADDITION, ON FILE IN THE OFFICE OF THE SECRETARY OF THE PLANNING AND ZONING COMMISSION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN R-1 TO AN AM AND C-2A ZONING DISTRICTS AS FURTHER DESCRIBED IN SECTION 1 BELOW: SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION, 73-32-358-914 After further discussion in regard to Ordinance No. 6708, changing property located north of (14a) Loop 289 and east of Quaker Avenue from "R-1" to "AM" and "C-2A" Zoning districts, motion was made by Councilman Baker, seconded by Councilman Campbell to authorize placing of pylon type signs at this location. The vote on this motion was as follows: Councilmen Hollingsworth, Baker and Campbell voting Yea, Mayor Turner and Councilwoman Jordan voting Nay. This motion did not carry due to a four -fifths vote being necessary to override the recommendations of the Planning and Zoning Commission; therefore, pylon type signs will not be allowed at this location. 73-32-358-915 The City Council considered passage of Ordinance No. 6711, changing property located north of (17) 58th Street and east of Loop 289 from "R-1" and "R-2" to "A-1" Zoning District, on second and final reading. Eli Masso appeared before the City Council in regard to passage of this ordinance on second and final reading. Mr. Masso stated to the City Council that heretofore said City Council denied a zone change request for "A-1" zoning on five acres of land in the area covered by Ordinance No. 6711. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, None voting Nay to pass Ordinance No. 6711 on second and final reading. ORDINANCE NO. 6711 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. 1923: CHANGE TRACT B, OF SECTION 28, BLOCK E-2, C. C. KNOTT ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AS SHOWN ON A PRELIMINARY PLAT ON FILE IN THE OFFICE OF THE SECRETARY OF THE PLANNING AND ZONING COMMISSION FROM "R-1 AND "R-2" TO "A-l" ZONING DISTRICT: SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 73-32-358-916 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (27) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Midway Park Addition Lot 302, made arrangements with Wilson & Wilson, Inc. for the construction of paving improvements on a certain alley dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Midway Park Addi- tion Lot 302 including the following alley: The alley North of 27th Street from its intersection with a line 5.00 feet West of the East property line of the alley East of York Avenue known and designated as New Subdivision Unit Number A-412-A. AND WHEREAS, the construction of the above improvements on the above -mentioned alley was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned alley be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost (and to release escrow money). II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13th DAY OF SEPTEMBER, 1973. ATTEST: Is/Morris W. Turner Morris W. Turner, Mayor Isl Lavenia Lowe, _ Lavenia Lowe, City Secretary APPROVED: /s/ Wilford D. Watson APPROVED: Isl Fred 0. Senter 59 SEP 13 1973 CONSOLIDATED FINAL ESTIMATE MIDWAY PARK ADDITION Accepted September 13, 1973 UANTITIES L.F. L.F. S.X. S. 12" Unit & Curb & Alley Drainage Curb & Sub -Unit Location Gutter Return Slab Gutter NS A-412-A Alley North of 27th Street from 31.72 E.L.L. of York Avenue to 5' West of the E. P. L. of alley East of York Avenue. COST ESTIMATE 31.72 L.F. Curb & Gutter @ $2.00 24.00 L.F. 12" Curb & Gutter @ $2.95 720.86 S.Y. Alley Return @ $8.10 10.7 S.Y. Drainage Channel @ $7.00 CONTRACT COST COST DISTRIBUTION Property City to Unit & Contract Owner Contractor Sub -Unit Cost Cost NOW NS A-412-A $6,048.11 $6,048.11 720.86 10.7 24.00 $ 63.44 $ 70.80 $5838.97 $ 74.90 $6,048.11 73-32-359-917 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (28) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, ANDJOR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with W. D. Turner Construction Company GWA. 10,790 for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: Fordham Street from 5 feet East of the East Property Line of Knoxville Avenue to 6.77 feet East of the West Property Line of Indiana Avenue, known and designated as Subsunit Number 34 of Unit Number 2226. Kemper Street from its intersection with the East Lip line of Utica Avenue to its intersection with a line 15.00 feet west of the West Property Line of Salem Avenue (North leg) known and designated as Sub -Unit Number 35 of Unit Number 2226. Jarvis Street from its intersection with a line 11.00 feet West of the East Property Line of Utica Avenue to its intersection with a line 15.00 feet West of the West Property Line of Salem Avenue (North leg) known and designated as Sub -Unit Number 36 of Unit Number 2226. The East half of Utica Avenue from its intersection with a line 15.00 feet North of the North Property Line of Kemper Street to its intersection with a line 15 feet North of North Property Line of Itasca Street known and designated as Sub -Unit Number -.37 of Unit Number 2226. Salem Avenue from its intersection with a line 15.00 feet North of the North Property Line of Kemper Street (West leg) to its intersection with a line 15.00 feet North of North Property Line of Jarvis Street (West leg) known and designated as Sub -Unit Number 38 of Unit Number 2226. Harvard Street from its intersection with the East Lip Line of Utica Avenue to its intersection with the West lip line of Salem Avenue known and designated as Sub -Unit Number 49 of Unit Number 2226. East half of Utica Avenue from its intersection with a line 15.00 feet North of the North Property Line of Itasca Street.(East side) to its intersection with a line 15.00 feet South of the South Property Line of Harvard Street (East side) known and designated as Sub -Unit Number 2226. Salem Avenue from its intersection with a line 15.00 feet South of the South Property Line of Harvard Street (West leg) to its intersection with a line 15.00 feet South of the South Property Line of Itasca Street known designated as Sub -Unit Number 51 of Unit Number2226. Salem Avenue from its intersection with a line 15 feet North of the North Property Line of Itasca Street to its intersection with a line 15 feet North of the North Property Line of Jarvis (West side) known and designated as Sub -Unit Number 52 of Unit Number 2226. SEr 13 %71 AND WHEREAS, the improvements -upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,790. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be,.and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the pro- ceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13th DAY OF SEPTEMBER 1973. /s/ Morris W. Turner, Morris W. Turner, Mayor ATTEST: /a/ Lavenia Lowe Lavenia Lowe, City Secretary APPROVED: APPROVED: fsl Wilford D. Watson /s/Fred 0. Senter Wilford 'D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE G.W.O. 10,790 Accepted September 13, 1973 S.Y. L.F. S.Y. S.Y. Unit & Paving Curb & Valley Valley Sub -Unit Location 6"Base Gutter Returns Gutter 2226-34 Fordham Street from 5 feet 3,522.52 1,981.42 East of the East Property Line of Knoxville Avenue to 6.77 feet East bf the West Property Line of Indiana Avenue. 2226-35 Kemper Street from its in- 4,333.36 2,442.50 tersection with the East lip line of Utica Avenue to its intersection with a line 15.00 feet West of the West Property Line of Salem Avenue (North leg). 2226-36 Jarvis Street from its inter- 4,790.50 23,699.64 section with a line 11.00 feet West of the East Property Line of Utica Avenue to its inter- section with a line 15.00 feet West of the West Property Line of Salem Avenue (North leg). 2226-37 The East half of Utica Avenue 1,346.67 450:00 from its intersection with a line 15.00 feet North of the North Property Line of Kemper Stiieet to its intersection with a line 15.00 feet North of North Property Line of Itasca Street. 24.44 SEP 13 F F S.Y. L.F. S.Y. S. Y. Unit & Paving Curb & Alley valley Sub -Unit Location 6" Base Gutter Returns Gutter 2226-38 Salem Avenue from its intersec-1,412.14 645.16 26.67 67.89 tion with a line 15.00 feet North of the North Property Line of Kemper Street (West leg) to its intersection with a line 15.00 feet North of North Property Line of Jarvis Street (West leg). 2226-49 Harvard Street from its inter- 5,090.76 2,903.08 52.54 section with the East Lip Line of Utica Avenue to its inter- section with the West Lip line of Salem Avenue. 2226-50 East Half of Utica Avenue 864.44 225.00 12.22 from its intersection with s a line 15.00 feet North of the North Property Line of Itasca Street (East side) to its intersection with a line 15.00 feet South of the South Property Line of Harvard Street (East side). 2226-51 Salem Avenue from its in- 1,077.33 540.00 26.67 tersection with a line 15.00 feet South of the South Property Line of Harvard Street (West leg) to its intersection with a line 15.00 feet South of the South Property Line of Itasca Street 2226-52 Salem Avenue from its in- 1,360.06 621.20 26.67 67.89 tersection with a line 15 feet North of the. North Property Line of Itasca Street to its intersection with a line 15 feet North of the North Property Line of Jarvis Street. (West leg) TOTALS 23,797.78 12,508.00 116.67 188.32 COST ESTIMATE 23,797.78 S.Y. Paving 6" Base @ $1.75 $41,646.12 12,508.00 L.F. Curb & Gutter @ $1.75- $21,899.00 116.67. S.Y. Alley Return @ $8.00 $ 933.37 188.32 S.Y. valley Gutter @ $8.00 $ 1,506.57 CONTRACT COST $65,975.06 COST DISTRIBUTION Unit & Sub -Unit _ Contract Cost Property Owner Cost City Cost City to Con- tractor from Trust & Agency Fund Previous Monthly Payment 2226-34 $ 9,631.90 $11,041.72 -$1,409.82 $5,874.75 2226-35 $11,857.76 $13,551.31 -$1,693.55 $7,259.46 2226-36 $13,107.75 $13,986.15 -$1,878.40 $71,237.52 2226-37 $ 3,339.69 $ 1,481.19 $1,090.99 767.51 $2,051.26 2226-38 $ 4,356.76 $ 2,140.48 $2,216.28 $3,413.14 2226-49 $14,409.54 $15,668.64 -$1,259.10 $8,617.86 2226-50 $ 2,004.28 $ 493.73 743.04 767.51 $1,191.19 2226-51 $ 3,043.69 $ 2,377.08 $ 666.61 $2,117.66 2226-52 $ 4,223.69 $ 1,891.60 $2,332.09 $3,179.61 TOTAL $65,975.06 $63,631.90 $ 808.14 $1,535.02 $40,942.45 TOTAL CONTRACT COST $65,975.06 *LESS PREVIOUS PAYMENTS $40,942.45 CITY TO CONTRACTOR NOW $25,032.61 73-32-361-918 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (29) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 153 thru 198, Time's Square Addition. w 11 Ign 3-32-362-9-19 (30) WHEREAS, the developers of Lots 153 thru 198 Time's Square Addition have complied with the provisions of the City of Lubbock Code, Chapter 32, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $19,399.42 with the improvements con- structed by Holloway Contracting Company having a value of $13,862.83 as determined by the unit prices established by said Chapter 34, and $5,536.59 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost)paid to the City, with Bertell Jackson and Raymond Taylor, the developers to receive.a refund of $3,341.84 in accordance with Chapter 34 of the Code of the City of Lubbock and, 11 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $3,341.84 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13th DAY OF SEPTEMBER 1973. ATTESTED: /s/ Lavenia Lowe Lavenia Lowe, City Secretary Approved: /s/ Wilford D. Watson _ Wilford D. Watson, City Engineer /s/ Morris W. Turner Morris W. Turner, Mayor Approved: W Fred 0. Senter 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 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 at a regular meeting of the governing body of the City of Lubbock, Texas, there came on to be considered the matter of the execution of a license between the said City of Lubbock, Texas, ;:and the Atchison, Topeka and Santa Fe Railway Company, relating to 10 inch water line undercrossing of said Railway Company's trackage in Marshall Street and at MP 672+1270.4 feet, near Marnels, Texas, at or near said City of Lubbock, Texas, whereupon the following proceedings were had: It was moved , seconded and unanimously voted that MORRIS W. TURNER, Mayor, be authorized II and empowered to execute on behalf of the City of Lubbock, -Texas, such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Council at the foot of this Resolution. II Passed by the City Council this 13th day of September, 1973. ATTEST: /s/ Lavenia Lowe- Lavenia Lowe, City Secretary - Treasurer PIPE LEM LICENSE /s/Morris W. Turner, MORRIS W. TURNER, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter Fred 0. Senter, Jr., City Attorney THIS LICENSE, MADE THIS 6th day of August, 1973, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF LUBBOCK, a Municipal Corporation (hereinafter, whether one or more, called "licensee? PARTYof the second part. WITNESSETH., That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain one (1) pipe line, 100 feet in length and 10 (O.D.) inches in diameter (.hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of Marnels, Lubbock County, Texas the exact location of the PIPELINE being more particularly shown by red coloring upon the print hereto attached, No. DEOA-9177, dated August 2, 1973, marked 'exhibit A" and made a part hereof. I I 2. Licensee shall use the PIPELINE solely for carrying water and shall not use it to carry �j SEP I f� any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum of One and No/ 100ths Dollars-----------($1.00) 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor chief engineer, locate, construct and maintain the PIPELINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracts, roadbed and property of Licensor, or the safe operi tion of its railroad. In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil, leas, petroleum products, or other flammable or Highly volatile substances under pressure, the PIPE LINE shall be constructed, in- stalled and there after maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after ball shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licen: to perform the obligations of Licensee shall not release Licensee from liability here• under for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. b. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, inuur or become liable fo: resulting in any manner from the constructions, maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanic, or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the convenants herein contained Licensor may at its election forthwith revoke this iicens, 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notic. in writing to be served upon the other party, stating therein the date that such termination shall stake place, and that upon the termination of this license in this o- any other manner herein provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks Licensor to the same condition in which they were prior to the placing of the PIPELIN thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed wi such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or o bligation hereunder, whether of indemnity or otherwise, result from any acts, omissions or events happening prior to the date the PIPE LINE is remov and the right of way and track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except th proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be proper served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at P. 0. Box 2000, Lubbock, Texas 79457. Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposite in the United States Mail, postage prepaid, addressed to Licensor's Division Super- intendent at 900 Polk Street, Amrillo, Texas 79171. 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure t the benefit of the successors, legal representatives and assigns of the parties to th same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal represen- tatives or assigns, or any subsequent assignee, shall be binding upon Licensor with- out the written consent of Licensor in each instance. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY ------- (Licensor) Approved as to Description: By/s/ L. C. May /s/ C. G. Nelson For AGM -Engineering Its ---- Superintendent CITY OF LUBBOCK By: /s/ Morris W. Turner 13 1173 1-32-364-920 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, that Ordinance (35) No. 6721 be passed on first reading setting the tax rate at $1.29 per $100 valuation for 1973. No vote was taken on this motion. At this time a substitute motion was offered by Councilwoman Jordan, seconded by Councilman Baker that the tax rate be set at $1.39 per $100 valuation. The vote on this motion was as follows: Councilwoman Jordan voting Yea, Mayor Turner and Councilmen Hollingsworth, Baker and Campbell voting Nay, therefore, the motion failed. Substitute Motion No. 2 was then offered by Councilman Baker, seconded by Councilwoman Jordan that the 1973 tax rate be set at $1.36 per $100 valuation in order to cover overrun on airport terminal construction and civic center construction. This motion carried by the following vote: Mayor Turner, Councilwoman Jordan and Councilman Baker voting Yea, Councilmen Hollingsworth and Campbell voting Nay. ORDINANCE NO. 6721 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1973; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED: FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTERESTTFOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. -32-364-921 James H. Goodman appeared before the City Council and requested the $3,000 homestead exemption (35a) as authorized by the Texas Legislature, be adopted by the City of Lubbock. Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that Ordinance No. 6722 be passed on first reading authorizing the exemption effective for the tax year 1974. ORDINANCE NO. 6722 AN ORDINANCE PROVIDING FOR A RESIDENCE HOMESTEAD EXEMPTION FROM AD VALOREM TAXES FOR PERSON OVER 65 YEARS OF AGE: PROVIDING AN EFFECTIVE DATE: PROVIDING FOR APPLICATION FOR SUCH EXEMPTION: PROVIDING FOR DETERMINATION OF ELIGIBILITY FOR EXEMPTION BY TAX ASSESSOR -COLLECTOR AND PROVIDING FOR PUBLICATION. -32-364-922 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (32) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No: 6723 on first reading. ORDINANCE NO. 6723 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS:A PORTION OF AVENUE "0" NEAR 2ND STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DES- CRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THECCITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. -32-364-923 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 to pass Ordinance No. 6724 on first reading. ORDINANCE NO. 6724 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY AND STREET: A PORTION OF ALLEY LOCATED IN BLOCK 39, CORONADO ADDITION AND EAST 26TH STREET LOCATED NEAR SAID BLOCK 39, ALL BEING IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND 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 THAT CERTAIN ALLEY AND STREET: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. -32-364-924 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (34) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RVgnTITTTAN 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 RELEASE of Sanitary Land Fill Lease Agreement between the City of Lubbock and Roger Loter 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 13th day of September, 1973. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer /s/ Morris W. Turner MORRIS W. TURNER, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter Fred 0. Senter, Jr., City Attorney �1 �1 f� [I] SEP 13 RELEASE THE STATE OF TEXAS X COUNTY OF LUBBOCK X WHEREAS, the City of Lubbock entered into a Sanitary Land Fill Lease Agreement with J. E. BOWMAN and wife, GLADYS J. BOWMAN, on May 1, 1969, covering the following described property: BEGINNING at a point 1,325 feet South and 1166.7 feet East of the Northwest corner of Section 9, Block A, Lubbock County, Texas; THENCE North approximately 200 feet; THENCE West approximately 400 feet: THENCE South approximately 200 feet; THENCE East approximately 400 feet to the POINT OF BEGINNING, and WHEREAS, the property covered by such Agreement was thereafter conveyed to ROGER LOTER, and WHEREAS, by the terms of such Agreement each party thereto shall furnish to the other party a Release in writing stating that the obligations of such Agreement have been met with such Release to be given upon the termination of such lease. WITNESSETH: The CITY OF LUBBOCK, as Lessee, in the Agreement stated above does hereby affirm that it has complied with the covenants and conditions stated in such Lease Agreement and has made all obligations required of such Lessee. Lessee does hereby release the Lessor from any and all obligations arising under this Agreement. CITY OF LUBBOCK BY: Is/ Morris W. Turner MORRIS W. TURNER, MAYOR ATTEST: /s/Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Fred 0. Senter, Jr., City Attorney 73-32-365-925 Dirk West, Chairman of the Parks and Recreation Board, appeared before the City Council and (36) presented the recommendations of the Park and Recreation Board that the City employ the archi- tectural firm of Schmidt-Tisdel and Associates for design of the swimming pool to be construct on the park site adjacent to the Parkway Elementary School. Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that Schmidt-Tisdel and Associates be employed and that the following resolution be passed authorizing the Mayor to execute an Agreement between the City of Lubbock and Schmidt-Tisdel and Associates. RV.RnTI1TTnN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an AGREEMENT between the City of Lubbock and Schmidt; Tisdel and Associates for architectural services in the design of a swimming pool to be con- structed on the parksite adjacent to Parkway Elementary School 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 13th day of September, 1973 /s/Morris W. Turner MORRIS W. TURNER, MAYOR ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Fred 0. Senter, Jr., City Attorney Copy of Contract on page 365(a) 365a ccfl 13 13r3 COPY OF CONTRACT THE AMERICAN INSTITUTE OF ARCHITECTS �rwsaw A/A Document B131 Standard Form ®f Agreement Between Owner and Architect on a basis of a PERCENTAGE OF CONSTRUCTION COST THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made this Hundred and BETWEEN 13th Seventy-three day Of September The City of Lubbock, Lubbock County, Texas Schmidt -- Tisdei & Associates in the year of Nineteen the Owner, and the Architect. It is the intention of the Owner to erect a municipal swimming pool on a park site adjacont to Parkway Llemonti;ary School at North Zenith Avenue and East Erskine S t root, Lubbock, Texas hereinafter referred to as the Project. I110 k)%%,I set, AIM II10 Air blio, i agloo 1;�, !,P!t �Il I,II,W, A1A vocumCNT 11131 . f1WNIK-AVrIF1'1f("r Af;RU&II-NT wi'RcrNTACE 'C' IWO • 1111 AMIIM AN IWIFIIUIL Of AHc,l11[1CIS, 77J; NEW YORK AVE.,N,}N,'WASIIINCTON D C. omr, i 37 SEP 13 1973 73-32-367-926 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 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 FIRE PROTECTION AGREEMENT between the City of Lubbock and Lubbock County 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 13th day of September, 1973. /s/ Morris W. Turner MORRIS W. TURNER, MAYOR ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary-Tresurer APPROVED AS TO FORM: s/ Fred 0. Senter Fred 0. Senter, Jr., City Attorney FIRE PROTECTION AGREEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 1 THIS Agreement entered into between the Commissioner's Court of Lubbock County, Texas, acting by and through its duly authorized County Judge, hereinafter called "County" and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called "City". WITNSSETH: WHEREAS, the County Commissioner's Court of Lubbock County, Texas, has determined that a need exists for fire protection to be provided to protect the property of citizens of Lubbock County, Texas, who reside outside the limits of the City of Lubbock; and, WHEREAS, the City of Lubbock agrees to furnish fire protection service upon the terms and conditions stated below: 1. The City agrees that fire fighting equipment shall be furnished in response to fire calls from points beyond the limits of the City and such fire fighting equipment as shall be determined by the Fire Chief or such officer as he directs, shall be dispatched to the fire. 2. The County agrees that it shall pay to the City the sum of TWO HUNDRED SIXTY -SEVEN AND 50/100 ($267.50) DOLLARS for the City's responding to each call for fire assistance at a location beyond the City limits. The County further agrees that payment of any obligation arising out of this Agreement shall be made by the County from current revenues of the County of Lubbock or from a fund established by the County and within the immediate control of the County. 3. The Fire Chief of the City cf Lubbock or his designated employee shall make or cause to make a fire report showing the date, time, location and description of burning structures and his estimate of -property damage of each fire call made beyond the limits of the City and shall file each report with the City auditor and forward a copy to the County auditor within seventy-two (72) hours after such fire call has been received. 4. The County hereby covenants and agrees to save and hold the City harmless from any and all costs, damages, liabilities, or claims of any nature whatsoever which accrue or arise out of furnishing such fire protection. 5. It is understood and agreed that the Agreement for fire service shall cover only those portions of the County which are not included within incorporated cities or towns within Lubbock County, Texas. 6. It is understood and agreed that in the event an emergency condition exists within the City of Lubbock by reason of one or more fires in progress within the City, the Fire Chief shall determine the advisability of sending fire fighting equipment beyond the limits of the City in response to a fire beyond the limits and the judgment of the Fire Chief shall be final. 7. This Agreement shall become effective and shall extend for a period of one (1) year from and after October 1, 1973. EXECUTED this 13th day of September, 1973. 368 SEp 13 1173 ATTEST: /s/ Frank Guess Frank Guess, County Clerk APPROVED AS TO FORM: /s/ Alton Griffin Alton Griffin, Criminal District Attorney EXECUTED this 13th day of September, 1973. ATTEST: /s/ Lavenia Lowe Lavenia Lowe,, City Secretary - Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Fred 0. Senter, Jr., City Attorney COMMISSIONER'S COURT OF LUBBOCK COUNTY, TEXAS BY: /s/ Rodrick L. Shaw RODRICK L. SHAW, COUNTY JUDGE CITY OF LUBBOCK BY:Morris W. Turner Morris W. Turnner, Mayor 73-32-368-927 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (38) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize publication of Notice to Bidders for the purchase of two new fire engine pumpers. 73-32-368-928 ADVERTISEMENT FOR BIDS (39) FOR CONSTRUCTION OF AN AIR TERMINAL BUILDING (NOTICE TO BIDDERS) Sealed proposals, addressed to the Honorable Mayor and City Council of Lubbock, Texas for the construction of the above project at the Lubbock Regional Airport, Lubbock* Texas in accordance with the plans and specifications will be received at the office of the City Purchas- ing Agent, Room 207, City Hall until 2:00 p.m. o'clock on the 16th day of August, 1973 and then publicly opened and read aloud in the Chamber Room of the City Hall. Bids are to be plainly marked and identified on the outside of the envelope by writing the words "Bids for the Construction of an Air Terminal Building" followed by the complete project title. A certified check or cashier's check, by a bank satisfactory to the City Purchasing Agent, Lubbock, Texas or a bidder's bond executed by a reliable Corporate Surety Company authorized to do business in the State of Texas, in the amount of a minimum of five per cent (5 per cent) of the maximum total bid price and made payable without recourse to the City of Lubbock, Texas as must accompany the Bidder's Proposal as a guarantee. Proposals without the required bid guarantee will not be considered. The Contract Documents, including plans, specifications and proposal forms, may be examined without charge at the office of City Purchasing Agent and at the office of the Architects (Whitak- er and Hall Architects and Engineers, 2333-50th Street, Lubbock, Texas 79412). General Contractors desiring sets of bidding documents, may obtain them from the Architects (Whitaker and Hall Architects and Engineers, 2333-50th Street, Lubbock, Texas 79412) upon pay- ment of a deposit of One Hundred Dallars ($100.00) for each set, said deposit to be refunded upon the return of complete and undamaged documents after the bid opening. General Contrators will be limited to four (4) sets. Requests for additional sets will be considered on an individ- ual basis, Sets of bidding documents will be available to other contractors upon payment of a deposit of One Hundred Dollars ($100.00) per set. These sets may be retained for limited portiors of the estimating period as determined by the Architect. City of Lubbock, Texas Floyd Nesbitt Purchasing Agent In accordance with the above Notice to Bidders, bids were received from Page & Wirtz Construction Co., Zapata Warrior Constructors, Hun Building Corporation, and Manhattan Construction Company for the construction of the Air Terminal Building at the Lubbock Regional Airport. Mr. Joe Hall of the Architectural Firm of Whitaker and Hall, appeared before the City Council recommending that the contract be awarded to Page and Wirtz for construction of the new terminal building at the Lubbock Regional Airport and that the Mayor be authorized to enter into contract for this con- struction. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Baker that the bid of Page and Wirtz be accepted for construction of the new terminal building at the Lubbock Regional Airport. At this time the City Council recessed for consultation before the vote was taken to award the contract. Upon the return of the City Council to the Council Chamber, a vote was taken on the above motion that the bid be awarded to Page and Wirtz for this construction. The vote being as follows: Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, Mayor Turner Voting Nay. The Mayor being hereby authorized to enter into contract. 36 SEP 13 19�3 Contract in the Airport File in the City Secretary's Office. 73-32-369-929 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (41) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that Mayor Turner, Councilwoman Jordan and Councilman Hollingsworth be appointed as the City's representatives to the South Plains Association of Governments Board of Directors for the term September 1, 1973 through August 31, 1974. 73-32-369-930 The City Council discussed the budget for the Manpower Planning Program. After discussion, (42) motion was made by Councilman Ckioell, seconded by Councilman Baker, . motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the City of Lubbock Not sponsor the Manpower Planning Grant Program. 73-32-369-931 After Item 42 was acted upon, Mayor Turner requested that Item 35, wherein Ordinance No. 6721 (35b) was passed on first reading setting the tax rate for 1973, be reconsidered in order that he could vote Nay on said item. No further motion on Item 35 was made. 73-32-369-932 The City Council considered an agreement for emergency ambulance service between the City of (43) Lubbock, Lubbock County Hospital District and Aid Ambulance Company. Motion was made by Councilman Baker, seconded by Councilman Campbell that the Mayor be authorized to execute an agreement between the City of Lubbock, Lubbock County Hospital District and Aid Ambulance Company. This motion failed by the following vote: Councilmen Baker and Campbell voting Yea; Mayor Turner, Councilwoman Jordan and Councilman Hollingsworth Voting Nay. Motion was then made by Councilwoman Jordan that this item be reconsidered. This motion died for lack of a second. Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the motion as to emergency ambulance service be reconsidered. Motion was made by Councilman Baker, seconded by Councilman Campbell that a resolution author- izing an agreement between the City of Lubbock, Lubbock County Hospital District and Aid Ambulance Company be passed and that the Mayor be authorized to execute the agreement. This motion carried by the following vote: Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay. Motion was made by Councilwoman Jordan, seconded by Councilman Baker that the following amend- ment to the above motion be considered: "That this contract can in no way imply that the City of Lubbock enter into other negotiations on this ratio for ambulance service". Mayor Turner ruled the amendment out of order. No vote was taken on the amendment at this time. Councilman Campbell appealed the ruling of the Chair. After it was determined that this could be voted on by the Council, the Mayor ruled that he would accept the amendment, at which time the amendment was voted on and carried by the following vote: Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an EMERGENCY AMBULANCE SERVICE AGREEMENT between the City of Lubbock, The Lubbock County Hospital Districtand Aid Ambulance Company 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 13th day of September, 1973. ATTEST: /s/ Morris W. Turner MORRIS W. TURNER, MAYOR /a/ Lavenia Lowe Lavenia Lowe, City Secretary - Tresurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS X COUNTY OF LUBBOCK 1 EMERGENCY AMBULANCE SERVICE AGREEMENT KNOT ALL MEN BY THESE PRESENTS: THIS AGREEMENT entered into this date, by and between the City of Lubbock, Texas, a municipal corporation, acting by and through Morris W. Turner, its duly authorized Mayor, hereinafter called "City", the Lubbock County Hospital District of Lubbock County, Texas, 370IS73 SEP 1 acting by and through its duly authorized Chairman of the Board of Hospital Managers, herein- after called "Hospital District", and Aid Ambulance Company, a Texas corporation maintaining an office and having its principal place of business in the City of Lubbock, Texas, acting by and through its duly authorized President, hereinafter called "Contractor". WITNESSETH: THAT Contractor agrees as an independent contractor, at its own cost and expense, to furnish emergency and ambulance service in the City of Lubbock and to Lubbock County in com- pliance with the terms and conditions, covenants and agreements hereinafter set forth: 1. EMERGENCY AMBULANCE SERVICE RR UIREMENTS Contractor covenants and agrees to furnish ambulance service as an independent contractor for the sole purpose of making emergency calls within Lubbock County in accordance with the directions of the Dispatcher of any law enforcement agency in Lubbock County. Such emergency ambulance service shall be rendered in compliance with the following requirements: (a) Contractor shall have and maintain three (3) ambulances and crews available twenty- four (24) hours daily for emergency dispatch from a central location and a minimum of one (1) sub -station, located in the City of Lubbock. (b) Equipment and crews shall be located at points to be selected by Contractor, sub- ject to approval of the contrasting parties. It is the intention of the parties that same shall be so located that an ambulance can reach any area in Lubbock County within a reasonable period from the time of dispatch. (c) After having been called upon by a law enforcement Dispatcher, Contractor shall notify the City of Lubbock Police Dispatcher of the origin, route and location of the ambulance answering such call. (d) None of the three (3) vehicles used for emergency ambulance shall be used as a hearse, or for any other purpose by the Contractor. 2. STANDARDS RE UIRED FOR AMBULANCES AND ACCESSORY EQUIPMENT Contractor covenants and agrees to furnish at its own expense ambulance and accessory equipment which comply with the following standards: (a) Contractor shall furnish a minimum of five (5) vehicles with three (3) vehicles available for emergency service at all times and two (2) vehicles available as reserve or "back-up" when needed. (b) All ambulances must be inspected and approved by the Chief of Police of the City of Lubbock and the City -County Health Department and must be of a type and design suitable for transporting sick and injured persons. Said vehicles shall be equipped in accordance with and meet the specifications for "Emergency Ambulances" as provided for by Article IV, Chapter 31 of the Lubbock City Code, and not less than three (3) vehicles shall be capable of carrying six (6) sick or injured persons. (c) all such ambulances must be distinctly marked, showing the name of the Contractor providing service. (d) Each vehicle and driver and attendants must conform to and comply with the Chapter 31, Code of Ordinances of the City of Lubbock and pertinent state laws. Contractor in addition further agrees to maintain records at a central locations of driver's licenses, ambulance attendants' certificates and business licenses, including license or certificate numbers and expiration dates, for all ambulance personnel answering calls pursuant to this agreement. Such records shall be available at all times to the Chief of Police. (e) Each ambulance shall be equipped with a two-way radio which transmits and receives on frequencies designated for use by the Federal Communications Commission between each vehicle and Contractor" base station. Radio communications to and from such ambulances shall be the sole responsibility and expense of the Contractor who shall dispatch emer- gency vehicles in coordination with and by the knowledge and approval of the Police Dis- patcher. In addition a two-way radio complying with Federal Communications rules and regulations shall be furnished by the City for convenience and safety of the public for communication between each vehicle and the police dispatcher, but the installation, maintenance and operation shall be the sole responsibility of the Contractor. 3. POLICE DISPATCHER TO DIRECT EMERGENCY SERVICE No vehicle designated to provide emergency service shall be used on any calls except as directed or approved by a law enforcement Dispatcher of Lubbock County acting through and in coordination with Contractor. 4. PAYMENTS BY CITY AND HOSPITAL DISTRICT TO CONTRACTOR The City of Lubbock will pay to the Contractor $2,400.00 monthly and the Lubbock County i 1 SEP 13 1973 Hospital District of Lubbock County, Texas will pay to the contractor $1,000.00 monthly for providing the stated emergency ambulance service within the County of Lubbock. Payment shall be made by the City and the Hospital District to the Contractor by the tenth day of each month for services rendered the preceding month or portion thereof. 5. PERFORMANCE BOND Contractor shall provide a good and sufficient liquidated damage bond in the amount of Seven Thousand Five Hundred ($7,500.00) Dallars, guaranteeing the full and faithful execution and performance of this contract. Said bond shall be executed by the Contractor and one cor- porate surety authorized to do business in the State of Texas. The surety shall designate an agent resident in Lubbock County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. 6. CONTRACTOR VAUIRED TO FURNISH WRITTEN REPORTS AND MAINTAIN SEPARATE AMBULANCE RECORDS On or before the 20th day of each mont#, Contractor shall furnish to the City Manager of the City of Lubbock and the Board of Managers of the Hospital District, a full, complete and com-• polite report in writing showing its operations during the preceding month for the emergency ambulance service. The reports shall include accurate information relating to revenues, expenses call statistics including date, time and response, and thestatus of delinquent and uncollectible accounts so that the City and the Hospital District will have sufficient financial and opera- tional information. The Contractor shall keep detailed and completely separate books, records and operating statistics of the ambulance operations, excluding any and all other business enterprises in which the Contractor may be engaged, which will be subject during reasonable business hours to examination and audit by the City of Lubbock and the Hospital District. 7. COMMUNICATION Contractor shall provide at its expense straight line telephone connection to the Police Department of the City of Lubbock, which shall be manned twenty-four (24) hours per day every day. 8. COMPLIANCE WITH LAW AND ORDINANCES Contractor agrees to operate the ambulances in accordance with the requirements of the State Law and applicable Ordinances of the City of Lubbock. 9. LIABILITY INSURANCE During the term of this contract, Contractor agrees to purchase and keep in full force and effect public liability insurance in the amount of Fifty Thousand Dollars ($50,000.00) for each person. One Handfed Thousand Dollars ($100,000) for each accident, and Fifty Thousand Dollars ($50,000) for Property Damage. 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by all parties hereto that Aid Ambulance Company is an independent Contractor in its relationship to the City of Lubbock and the Lubbock County Hospital District. Nothing herein contained at any time or in any manner shall be construed to (1) effect an agreement of partnership or joint venture or (2) render any party hereto the employer or master of any other party and/or its employees, agents or representatives. 11. IDEMNIFICATION' AND ASSUMPTION OF LIABILITY Aid Ambulance Company covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, the City of Lubbock, the Lubbock County Hospital District, their agents, servants or employees, from and against any and all claims for damages or injuries to persons or property of whatsoever kind or character, whether real or asserted, arising out of or incident to the operation of its emergency ambulance service and all other of its operations arising under, or otherwise incident to, the provisions of this contract; and Aid Ambulance Company hereby assumes, as between the parties to this contract, all liability and responsibility for injuries, claims or suits for damages to persons or property, of whatsoever mind or character, whether real or asserted, occurring during the term of this agreement, arising out 372 gtp is 191 of or by reason of the operation of its emergency ambulance service and all other of its operations arising under or otherwise incident to the provisions of this contract. 12. TERMINATION OF CONTRACT Either party to this agreement may terminate this Contract or portion there of upon thirty (30) days notice in writing to the other parties to this agreement. The termination date shall be at the expiration of the thirty (30) days notice and services shall be performed to the termination date and payment made for such performed services. 13. REVIEW OF CONTRACT This contract or any of its provisions shall be subject to review at the request of either the City, the Hospital District, or the Contractor and shall be subject to modification upon agreement in writing by the effected parties. 14. NON-EXCLUSIVE CONTRACT This contract shall not be considered as giving the Contractor the right to operate an exclusive ambulance service within the County of Lubbock. 15. EXCLUSION OF FINANCIAL INTEREST BY CITY EMPLOYEES Contractor agrees that no public employee or the spouse of any public employee has or shall have any financial. interest or any management rights in Contractor's business. 16. MAINTENANCE OF RECORDS Contractor agrees to maintain at a central location records of drivers' licenses, ambulance attendants' certificates and business licenses, including license or certificate numbers and expiration dates, for all ambulance personnel answering calls pursuant to this agreement. Such records shall be available at all times to the Chief of Police. 17. TERM This contract shall become effective on September 1, 1973, and shall be in force and effect on a month to month basis, unless otherwise cancelled or terminated as hereinabove provided. This contract is entered into subject to the Charter and Ordinances of the City of Lubbock and applicable State laws. EXECUTED this 13th day of September, 1973 ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr., City Attorney Fred 0. Senter, Jr., City Attorney EXECUTED this 13th day of September, 1973 A17EST: APPROVED: ATTEST: CITY OF LUBBOCK /s/ Morris W. Turner MORRIS W. TURNER, MAYOR LUBBOCK COUNTY HOSPITAL DISTRICT OF LUBBOCK COUNTY, TEXAS BY: Chairman, Board of Hospital Managers AID AMBULANCE COMPANY PRESIDENT Secretary Fi-11 SEP 13 1973 73-32-373-933 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, (44) 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 ex- ecute for and on behalf of the City of Lubbock a TRANSFER OF MECHANIC'S LIEN AND DEBT from the City of Lubbock to Lubbock Abstract and Title Company attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein -in detail. Passed by the City Council this 13 day of September, 1973. /s/ Morris W.-Turner MORRIS W. TURNER, MAYOR ATTEST: /s/Lavenia Lowe ,Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/Fred- O. Senter Fred 0. Senter, Jr., City.Attorney TRANSFER OF MECHANIC'S LIEN AND DEBT, THE STATE OF TEXAS: COUNTY OF LUBBOCK: Under date of May 28, 196-9, BMTSK Investment Company, Inc.,.acting-by and through its president, made, executed and delivered a Mechanic's Lein upon certain property abutting the west side of North University Avenue, in Section 12, B1ock.A, Lubbock County, Texas, the said property being fully described in the instrument recorded in Vol. 142, page 47, Mechanic's Lien Records of Lubbock County, Texas; said Mechanic's Lien being given for the purpose of securing an indebtedness of $.6,152.97 to be paid to the City of Lubbock, a Home Rule Municipal Corporation, with interest, according to the terms of an agreement of even date, and a pro- missory note executed by said BMTSK Investment Company,.Inc. In consideration of the sum of Six Thousand One Hundred Fifty Two and 97/100 (6,,152.97), plus interest, paid to the -City -of Lubbock by Lubbock Abstract & Title Company, a corporation, the City of Lubbock, a Municipal Corporation, acting by the undersigned officer, does by these presents, transfer and assign to Lubbock Abstract & Title Company, the Mechanic's Lien, con- tract lien, -note and debt of BMTSK Investment Company, Inc., to the City of Lubbock as descr&bed in the instrument in Vol. 142, page 47 and following, Mechanic's Lien Records of Lubbock County, Texas, together with the promissory note and other instruments and, documents referred to and incorporated in the Mechanic's Lien by reference; investing as well in the transferee the full right and power to exercise all of the legal rights and incidents of ownership in- cluding but not limited to suit for collection of the debt; institution of foreclosure proceed- ings as well as to make, execute and deliver further transfers and/or releases as if said transferee had been named the original beneficiary and payee of fuch lien note and agreement. The City of Lubbock represents and warrants that it is awed., upon the indebtedness the full sum 'of ($6,152.97, plus interest accured to date; WITNESS -the Execution hereof this 13th day of September A.D': 1973. CITY OF LUBBOCK: BY: /s•/Morris Turner Morris Turner, Mayor 73-32-373-934 Motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried, (45) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the following proposal for General Revenue Sharing, Entitlement Period 4 (July 1, 1973 to June 30, 1974). SUMMARY OF PROPOSED GENERAL REVENUE SHARING BUDGET ENTITLEMENT PERIOD 4 - JULY 1, 1973 to JUNE 30, 1974 Revenue: Proposed Expenditures: Environmental Protection Health Capital Expenditures Total Proposed Expenditures $ 200,000 500,000 1,474,728 $2,174,728 $2,174,728 PROPOSAL FOR GENERAL REVENUE SHARING ENTITLEMENT PERIOD 4 (JULY 1, 1973 to JUNE 30, 1974) Revenue �2,174,728 374 SEp I % 191� Proposed Expenditures Environmental Protection 1. Expansion of N. W. Water Reclamation Plant $ 200,000 Health 1. Improvement of Solid Waste Collection 500,000 Capital Ex enditures 1. Water System Improvement $ 200,000 2. 1973-74 Budget Capital Outlay 909,053 3. 1974-75 Budget Capital Outlay 365,675 $ 1,474,728 Total Proposed Expenditures $ 2,174,728 ENVIRONMENTAL PROTECTION 1. Expansion of Northwest Water Reclamation Plant $ 200,000 The Northwest Water Reclamation (Sewer) Plant was originally installed in 1962 with a capacity of 3/4 million gallons per day. This facility is now running over one million gallons per day. This increase has been the result of the rapid development in northwest Lubbock. Because of this rapid growth, it is recommended that this plant be expanded in 1974 rather than 1975. Bond funds in the amount of $150,000 are available, but it is anticipated that $200,000 additional funds are needed. I vaFIKIl 1. Improvement to Solid Waste Collection $ 500,000 The Council has earmarked $1,733,002 so far to implement the garbage containerization program. This $500,000 request will complete the initial program being developed. In addition to these expenditures, additional funds will be needed in the 5th Entitlement Period to provide for new subdivision which are being developed. .CAPITAL EXPENDITURES 1. Water System Im rovements $ 200,000 The northwest well supply line was originally installed in 1949. This 36 inch water line has deteriorated in recent years and is in need of replacement from Pump Station No. 4 to Avenue U, which is approximately two miles. By using revenue sharing funds on this project, it will free water bond.funds for use on other projects in future years. 2. 1973-74 Budget Capital Outlay $ 909,053 These are the capital outlay items included in various City departments in the 1973-74 annual operating budget. These items are primarily replacement of existing equipment. 3. 1974-75 Budget Capital Outlay $ 365,675 This is a part of the revenue sharing funds which will be needed in the 1974-75 budget year if we are to ;naintain the philosophy of utilizing as much revenue sharing as possible for budgeted capital expenditures. 73-32-374-934(a) The following bids were received for the purchase of 5/8 " and 3/4" water meters for Public Works, (46) being Bid No. 2579. BID BOOK ulty SEP 13 1973 73-32-375-935 (4 7) 73-32-375-936 (48) 73-32-375-937 (49) 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 East Texas Service Corporation, Shreveport, La., -for the -purchase of water meters. 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. 6725 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6725 WHEREAS, the City Council of City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described -bond fund, to -wit: Water Capital project fund The sum $11,325.00 For the following purpose: Purchase 500 3/4" water meters. The following bids were received for concrete flatwork in various parks, being Bid No. 2577. BID BOOK After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan Baker and Campbell voting Yea, none voting Nay to accept the bid of W. D. Turner Construction Company for the construction of concrete flatwork in various parks. The following bids were received for the construction of pull boxes for the Civic Center, being Bid No. 2580. BID BOOK 76 5[p 13 1971 After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan Baker and Campbell voting•Yea, none voting Nay to reject the -bid received for concrete pull boxes for the Civic Center. 73-32-376-938 Motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried, (50) Mayor Turner and Councilmen -Hollingsworth, Jordan,.Baker and Campbell voting Yea, none voting Nay to appoint Richard Ybarra to the Human Relations Commission to replace Gloria Carrillo, who -resigned. Mr. Ybarra`s term will expire May 25, 1974. 73-32-376-939 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Councilmen (40) Hollingsworth, Jordan, Baker and Campbell voting Yea, Mayor Turner voting Nay to pass Ordinance No. 6726 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6726 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Airport Capital Improvements Fund The Sum $5,824,978.00 For the following purpose: AWO-201 Construction costs of new terminal buidling, Lubbock Regional Airport NO FURTHER BUSIM SS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGUTAR MEETING September 13th, 1973. MORRIS W. TURNER, MAYOR ATTEST: Lavenia-Towe, City Secretary - Treasurer READ AND APPROVED THIS THE 27th DAY OF SEPTEMBER, 1973 ATTEST: Lavenia'Love', City Secretary - Treasurer MORRIS W. TURNER, MAYOR fl