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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/24/197428 JAN 24: 1974 REGULAR CITY COUNCIL MEETING January 24, 1974 The City Council of the City of Lubbock, Texas, met at 10:00 a.m. in the regular meeting place at City Hall. The following members thereof being present to -wit: Mayor Morris W. Turner, Councilman Lonnie -Hollingsworth, Councilwoman Carolyn Jordan, Councilman Jack Baker, Councilman Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter,.: Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 74-33-28-60 The invocation was given by Councilman Lonnie Hollingsworth. `28-61 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. 74-33 74-33-28-62 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (3) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held January 10, 1974. 74-33-28-63 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (5) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting -Nay to pass Ordinance No. 6788 on second and final reading. ORDINANCE N0. 6788 74-33-28-64 ,. (6) I 74-33-28-65 (7) 74-33-28-66 (8) 74-33-28-6 (9) 74-33-28-68 (9a) I 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: CANYON LAKES The sum $5,000.00 For the following purpose: Site preparation for the Canyon Lakes Project. To be charged to GWO 10842. 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 pass Or- dinance No. 6787 on second and final reading. ORDINANCE NO. 6787 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. 1933: CHANGE A TRACT OF LAND OUT OF SECTION 14, BLOCK E-2, CITY OF LUBBOCK. LUBBOCK COUNTY, TEXAS FROM AN "R-1-1 TO A "C-3" SPECIFIC USE PERMIT, LIMITED TO SECTION 14-A.1-6 AND RECREATION USES AS PREMITTED IN THE '-C-3" ZONING DISTRICT;' PROPERTY IS FURTHER DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; SUBJECT TO CON- DITIONS; PROVIDING FOR A PENALTY; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 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 pass Ordinance No. 6789 on second and final reading. ORDINANCE N0. 6789 AN ORDINANCE OF THE CITY OF LUBBOCK APPROVING THE URBAN RENEWAL PLAN AND THE FEASIBILITY OF RE- LOCATION FOR NEIGHBORHOOD DEVELOPMENT PROGRAM NO. TEX. A-14(C), FOURTH ACTION YEAR, PHASE I. 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 pass Or- dinance No. 6793 on second and final reading. ORDINANCE NO. 6793 AN ORDINANCE AMENDING SECTION 18-102 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY INCREASING THE IMPOUNDING FEE AND THE STORAGE FEE PROVIDED THEREIN; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The City Council considered the passage of Ordinance No. 6744 on second and final reading chang- ing on -street angle parking and recessed angle parking to parallel parking in the 1970 TOPICS signal project. Bill McDaniel, Director of Traffic, appeared before the City Council and discusse this TOPICS program. Joe Phillips and D-�avl.d Hester, Chairman of the Review Committee for Down- town Study, appeared before the City Council requesting that passage of this ordinance on second and final reading be delayed until further study is made. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to hold this item, pending efforts to have Item No. 15, regarding parallel parking, deleted From the contract with the Department of Transportation. 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 that the following resolution be passed requesting the appropriate Washington officials to assist in re- opening the TOPICS contract between the City of Lubbock and the State of Texas and enter into negotiations with the Highway Department in regard to deleting Item 15 from the contract Vhich �I requires the elimination of angle parking in the project area; also, to instruct the City Staff to assist in re -negotiating this contract. JAN 24 191 F 'r r .1 2, a ►N 2 4 1974 RESOLUTION WHEREAS, the City of Lubbock on July 17, 1970, entered into a contract with the State of Texas, acting through the Texas Highway Department, for improvement of its traffic signal system under the TOPICS program established by the 1968 Federal Aid Highway Act whereby the City of Lubbock became obligated to eliminate all angle parking within the TOPIC project and which includes the Central Business District; and, WHEREAS, the Urban Renewal Agency now has under contract a comprehensive Central Busi- ness District study including traffic and parking needs in the downtown area of the City of Lubbock; and, WHEREAS, Implementation of the City's Traffic Dispersal System for the Central Business District has not been completed; and, WHEREAS, many of the traffic improvements included in the project were to replace and modernize equipment within the area devestated by the tornado suffered by the City in 1970; and, WHEREAS, certain phases of the proposed improvement program were hastily propounded due to the urgency of the situation; and, WHEREAS, the continued study of the disaster area and the traffic needs and plans for rebuilding within such area is incomplete and may result in a re-evaluation of the changes required by the Central Business District area property owners and merchants by the City Council; and, WHEREAS, the City Council is of the opinion that to provide for the maximum traffic safety and highest utilization of the street capacity for traffic within such area the elimination of all angle parking within the entire area is unnecessary and inconvenient and will not be in the best interest of the citizens of Lubbock at this time; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the appropriate officials and representatives of the State and Federal Governmental Agencies be and are hereby requested by the City Council to reconsider negotiations of that part of the present TOPICS contract, Number T-9013 to eliminate or modify the conditions in Paragraph Number 15 and to thisen.d the efforts of all employees, officers, officials, and representatives of the City, State and United States are hereby solicited; and, BE if further resolved, that the City Secretary of the City of Lubbock BE and is hereby instructed to provide a copy of this resolution to the District Engineer of the Texas Highway Department, with request that it be forwarded to the appropriate agencies for consideration. Passed by the City Council this 24th day of January, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney /s/ Morris W. Turner, Mayor Li I I 0 JAN 24 19 F n RESOLUTION set in on opposite page 29a. 74-33-29-69 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (10) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6790 on second and final -reading. ORDINANCE NO. 6790 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PROTIONS OF STREETS: A PORTION OF FIRST STREET BETWEEN AVENUES J AND K IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTI- CULARLY 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 STREET: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-29-70 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (11) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, 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 24th day of January, 1974. /sl Morris W. Turner, Mayor ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents.ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of alnd lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: 30 M 24 1974 BEGINNING at the original Southeast corner of Lot 18, Block 17, Acuff Heights Addi- tion to the .City of Lubbock, Lubbock County, Texas; THENCE Southeasterly around a 60 foot radius curve to the right, said curve having a delta angle of 71°32'19", a tangent of 43.22 feet and a chord distance of 70.14 feet, to its intersection with the North line of Block 15, Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas, the same being a point 10 feet East of the original Northwest corner of said Block 15; THENCE West a distance of 3.09 feet, along the said North line of Block 15; THENCE Northwesterly around a 60 foot radius curve to the left, said curve having a delta angle of 70°32'19", a tangent of 43.22 feet and a chord distance of 70.14 feet; THENCE West a distance of 229.0 feet; THENCE North a distance of 9.0 feet; THENCE East a distance of 229.0 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 24th day of January 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney /s/ Morris W. Turner, Mayor 74-33-30-71 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, (12) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Canpbell voting Yea, none voting Nay to pass Ordinance No. 6791 on second and final reading. ORDINANCE NO. 6791 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS: A PORTION OF FIRST RTREET BETWEEN CANTON AND BOSTON AVENUES 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 STREET: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLI- CATION. 74-33-30-72 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, (13) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. DL CM TITTn?J 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 theCity of Lubbock a Quit Claim Deed in favor of the Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas, 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. r� Passed by the City Council this 24th day of January, 1974. ATTEST: /s/ Morris W. Turner, Mayor /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS X UIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the CITY OF LUBBOCK, a Home Rule Municipality inthe County of Lubbock, State of Texas,for and in consideration of the sum of ONE AND NO/lOO ($1.00) DOLLARS and other JAN 24 l good and valuable consideration to it in hand paid by THE URBAN RENEWAL AGENCY, of the City of Lubbock, Lubbock County, Texas, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: A portion of 1st Street in the City of Lubbock, Lubbock County, Texas, lying West of Boston Avenue and East of Canton Avenue being more particularly described as follows: BEGINNING at an iron rod set for the Northeast corner of Block 11, Parks Addition to the City of Lubbock, Lubbock County, Texas, and the Southeast corner of this tract; THENCE West along the South line of 1st Street 425.0 feet to an X on concrete, a corner of this tract; THENCE Northeasterly, around the arc of a curve to the left, of radius 50.0 feet, an arc distance of 88.61 feet to a point in the North line of 1st Street, a corner of this tract; THENCE East, 376.01 feet to an iron rod set for a corner of this tract; THENCE South, 60.0 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, pri- vileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, their heirs, or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 24th day of January, 1974. /s/ Morris W. Turner, Mayor ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-31-73 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (14) Turner and Councilmen Hollingsworth, Jordan, Bale r and Campbell voting Yea, none voting Nay to pass Ordinance No..6792 on second and final reading. ORDINANCE NO. 6792 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF THE EAST WEST ALLEY IN BLOCK 6, F. R. FRIEND ADDITION TO 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 CER- TAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-31-74 Motion was made by Councilman Campbell, seconded by Counailman Baker, motion carried, Mayor (15) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, 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 24th day of January, 1974. /s/ Morris W. Turner, Mayor ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS, hereinafter called "GRANTEE", the receipt of which is hereby acknowledged does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said 32 1AN 2 4 1974 74-33-32-75 (20) GRANTEE, all its right, title and interest in and to that certain tract of parcel of land lying and being stituated in the County of Lubbock, State of Texas, described as follows, to -wit: BEGINNING at the original Northeast corner of Lot 24, Block 6, F. R. Friend Addition to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 20 feet; THENCE West a distance of 605 feet; THENCE South a distance of 20 feet; 4�- THENCE East a distance of 605 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenancesthereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, the City of Lubbock, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 24th day of, 1974. /s/ Morris W. Turner, Mayor ATTEST: Isl Treva Phillips, City Secretary -Treasurer APPROVED AS.TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 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 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 the Urban Renewal Agency of the City of Lubbock covering relocation of traffic signal mast arm at 4th Street and Avenue 0 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 24th day of January, 1974. /s/ Morris W. Turner, Mayor ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney CONTRACT WITH THE CITY OF LUBBOCK TRAFFIC ENGINEERING DEPARTMENT FOR RELOCATION OF EXISTING FACILITIES NEIGHBORHOOD DEVELOPMENT PROGRAM 3E AREA URBAN RENEWAL PROGRAM TEX. A-14(C) THIS AGREEMENT entered into as of this 24th day of January 1974, by and between: The Urban Renewal Agency of the City of Lubbock, Texas (hereinafter referred to as the "Agency") and CITY OF LUBBOCK, TEXAS, for TRAFFIC ENGINEERING DEPARTMENT (hereinafter referred to as the "Company") WITNESSETH: WHEREAS, the Agency has entered into a Neighborhood Development Program Funding Agreement, further identified as Funding Agreement No. Tex. A-14(C) (LG) effective February 1, 1973, with the United States of America providing for financial aid to the Local Public Agency under Title I of the Housing Act of 1949 as amended by all amendatory acts; and WHEREAS, pursuant to such Contract the Agency is developing a site for project improvements in the Lubbock Neighborhood Development Program Area 3E, Urban Renewal Program Tex. A-14(C) as described below, under authority of the Urban Renewal Law of the State of Texap, Article 1269L-3 V.A.C.S.; and 33 JAN 24 1974 WHEREAS, in exercising the powers conferred upon it under the said Urban Renewal Law of the State of Texas it will be necessary for the Company to relocate, raise, re-route, and/or alter its existing facilities and services as delineated on Exhibit A attached hereto and made a part hereof; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services. The Company shall relocate, raise, re-route, and/or change the grade and/or alter the construction of its facilities and services as delineated on the "Exhibit A" attached hereto and made a part hereof, by this reference incorporated herein, in connection with the exercise by the Agency of powers conferred upon it under the Urban Renewal Law of the State of Texas, Article 1269L-3 V.A.C.S., in the following generally des- cribed area known as the Lubbock Neighborhood Development Program 3E Area, Urban Renewal Program Tex. A-14(C): Bounded in general by: 4th Street on the south; Avenue P on the west; South Property Line of Robberson Steel Company on the north; and Avenue 0 on the east. 2. Time of Performance. The Company agrees to coordinate such relocation, removal, re-routing and/or altering the construction of its facilities and services with project ex- ecution activities of the Agency. In any case all work required hereunder shall be completed within 30 days from the date of execution of this agreement unless mutually agreed otherwise the Company is prevented from so doing by employees, or agents of the Agency. The importance of time in the completion of the different phases of work cannot be over- stressed within this contract. The relocation of the utility system covered under this contract must be coordinated with the construction of the project improvement that will take place upon the applicable site. Construction of the project improvement is in progress; so the utility relocation must be accomplished as quickly as possible. 3. Compensation. Based upon the details of the reimbursable items of work to be per- formed as shown on Exhibit A hereof, it is agreed that payment shall be the actual'and indirect cost, accumulated in accordance with the Company's standard accounting practices, incurred in relocating, raising, re-routing, or changing the construction of any company owned facilities and services by reason of or in conjunction with the exercise by the Agency of the powers conferred upon it by the Urban Renewal Law of the State of Texas (1269L-3, V.A.C.S.,) in the Project Area; and that the total cost of all work performed under this agreement shall not exceed the sum of One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00). 4. Method of Payment. The Company's actual and related indirect costs will be paid by the Agency upon receipt of billing prepared in accordance with the Company's standard account- ing practices, as the work to be performed by the Company hereunder progresses. The Agency may subject any billing submitted to it by the Company to audit_ and the Company shall permit the Agency to have full access to its books and records at all reasonable times for this pur- pose. Payment of any bill submitted by the Company to the Agency shall not, however, be held up pending unreasonable delay by the Agency in commencing or completing any such audit. IN WITNESS THEREOF the Agency and the Company have executed this contract as of the date first above written. AGENCY: THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK BY: /s/ Jim Price, Chairman ATTEST: /s/ H. 0. Alderson, Secretary COMPANY: CITY OF LUBBOCK, TEXAS for TRAFFIC ENGINEERING DEPARTMENT BY: /s/ Morris W. Turner, Mayor WITNESS: /s/ Treva Phillisp, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-33-76 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (21) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 9B-8-23, Lot 24, Block 7, F. R. Friend Addition to Virgil 0. Murray for a consideration of $1,275 to be redeveloped as a single family residence. This being located in the Second Action Year Urban Renewal Area. 73-33-33-77 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (22) Turner and Councilmen Hollingsworth,_ Jordan, Baker and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 49-2 (east 50' Lot 4, Blk. 6, Sieber Addition) in the Coronado Urban Renewal Area to Reble Coleman for a consideration of $750 to be redeveloped as a single family residence. 74-33-33-78 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (23) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 51-2B (Lot 7, Blk. 8, Sieber Addition) in the Coronado Urban Renewal Area to Marshall R. Taylor for a consideration of $750 for en- larging and landscaping a residential lot. ._r 34 74-33-34-79 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (24) 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, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Oates Addition made arrangements for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Oates Addition including the following street: West side of Zenith -Avenue adjacent to Lot 4, Oates Addition, designated as NS 2017-43. AND WHEREAS, the construction of the above improvements on the abovementioned street was per- formed 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 street be and the same are here- by 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. d II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF JANUARY, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Morris W, Turner, Mayor APPROVED: /s/ Wilford D. Watson, City Engineer /s/ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE Oates Addition - Lot 4 Accepted January 24; 1974 QUANTITIES S.Y. Unit & Paving L.F. Sub -Unit Location 6" Base C & G NS 2017-43 COST ESTIMATE West side of Zenith Avenue adjacent to Lot 4, Oates Addition 172.22 - 155.00 172.22 S. Y. Paving 6" Base @ $2.69 $463.27 155.00 L. F. Curb & Gutter @ $2.45 $379.75 CONTRACT COST $843.02 COST DISTRIBUTION Paving Extension Unit & Contract Fund To Sub -Unit Cost Owner Ns 2017-43 843.02 843.02 74-33-34-80 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Turner (25) and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass ' Ordinance No. 6808 on first reading. ORDINANCE NO. 6808 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: JAI 2 4 197 There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Funds The sum $15,870 For the following purpose: City's cost on street paving improvements in the follori ng new subdivisions: West Winds - Lots 254 thru 344 Farrar Estates - Lots 224 thru 451 Santa Fe Ind. No. 3, Tract C 74-33-35-81 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (26) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolutions be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Quaker Heights Addition Lots 241-354 and Tract "D", made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets de- dicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Quaker Heights Addition Lots 241-354 and Tract "D" including the following streets: 78th Street from its intersection with a line 12.72 feet East of the East property line of Richmond Avenue to its interesection with a line 8.50 feet East of the West property line of Quaker Avenue, known and designated as New Subdivision Unit Number 2015-87. 79th Street from its interesection with the East Lip Line of Toledo Avenue to its inter- section with a line 8.50 feet East of the West property line of Quaker Avenue, known and designated as New Subdivision Unit Number 2015-88. 80th Street from its intersection with a line 16.00 feet West of the West property line of Toledo Avenue to its intersectidn-with the West raw edge of Quaker Avenue, known and de- signated as New Subdivision Unit Number 2015-89. Part of the West 1/2 of Quaker Avenue from its intersection with a line 3.00 feet South of the South property line of the alley south of 77th Street to its intersection with a line 15.00 feet South of the South property line of 80th Street (concrete only), known and designated as New Subdivision Unit Number 2015-90. �* Quinton Avenue from its intersection with the North Lip Line of 78th Street to its inter- section with a line 3.00 feet South of the South property line of the alley south of 77th Street and from its intersection with the North Lip Line of 79th Street to its intersec- tion with the South Lip Line of 78th Street, known and designated as New Subdivision Unit Number 2015-91. Toledo Avenue from its intersection with the North Lip Line of 80th Street to its inter- section with a line16.00 feet South of the South property line of 78th Street, known and designated as New Subdivision Unit Number 2015-92: Richmond Avenue from its intersection with the Northeast Lip Line of 80th Street to its intersection with the Southwest Lip Line of 79th Street, known and designated as New Subdivision Unit Number 2015-93. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifica- tions and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the payment of the City's portion of the cost. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24th DAY OF JANUARY, 1974. /s/ Morris W. Turner, Mayor ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED: APPROVED: /s/ Wilford D. Watson, City Engineer /s/ Fred 0. Senter, Jr., City Attorney r . to ? 4 19M, CONSOLIDATED FINAL ESTIMATE Quaker Heights Addition Lots 241-354 and Tract D Accepted January 24, 1974 UANTITIES S. Y. Alley S. Y. S. Y. Returns & S. Y. Unit $ Paving Paving L.F. Drainage Valley Sub -Unit Location 9" Base 6"Base C & G Channels Gutter NS 2015-87 78th Street from 12.72'-East of 5133.48 2663.90 12.00 the E.P.L. of Richmond Avenue to 8.5' East of the W.P.L. of Quaker Avenue NS2015-88 79th Street from the E.L.L. of 6603.20 3524.99 346.24 Toledo Avenue to 8.5' East of the W.P.L. of Quaker Avenue NS2015-89 80th Street from 16.0' West of 271.25 8066.67 4037.01 the W.P.L. of Toledo Avenue to the West raw edge of Quaker Avenue Part of NS2015-90 The West 1/2 of Quaker Avenue from the 3:0' South of the S.P.L. of the alley South of 77th Street to 15.0' South of the S.P.L. of 80th Street (concrete only) Developer's Quantities S.W.P.S. Quantities NS2015-91 Quinton Avenue from the N.L.L. of 78th Street to 3.0' South of - the S.P.L. of the alley South of 77th Street and from the N.LL. of 79th Street to the S.L.L. of 78th Street NS2015-92 Toledo Avenue from the N.L.L. of 80th Street to 16.0' South of the S.P.L. of 78th Street 542.84 40.40 146.00 1487.40 846.46 40.40 2312.88 1001.38 40.40 NS2015-93 Richmond Avenue from the Northeast Lip 1022.42 579.92 40.40 Line of 80th Street to the Southwest Lip Line of 79th Street Total Developer's Quantities 271.25 24,626.05 133,196.50 519.84 Total S.W.P.S. Quantities 146.00 COST DISTRIBUTION Property S.W.E.S. Unit & Contract Owner Company Sub -Unit Cost Cost Cost NS 2015-87 $15,720.09 $15,720.09 NS 2015-88 23,035.87 23,035.87 NS 2015-89 25,354.64 25,354.64 NS 2015-90 1,731.28 1,431.98 $299.30 NS 2015-91 4,999.45 4,999.45 NS 2015-92 6,951.49 6,951.49 NS 2015-93 3,532.39 3,532.39 TOTAL $81,325.21 $81,025.91 $299.30 52.54 52.54 COST ESTIMATE 24,626.05 S.Y. Paving 6" Base @ $1.98 $48,759.58 271.25 S.Y. paving 9" Base @ $2.55 $ 691.69 13,342.50 L.F. Curb & Gutter @ $2.05 $27,352.13 519.84 S.Y. Alley Return & Drainage Channel @ $7.90 $ 4,106.74 52.54 S.Y. Valley Gutter @ $7.90 $ 415.07 ru CONTRACT COST $81,325.21 RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Quaker Heights Addition Lots 133-240, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat of Quaker Heights Addition Lots 133-240 including the following streets: jhN %4 191 Part of 78th Street from its intersection with the East Lip Line of Utica Avenue to its inter- section with the East Plat Line of Quaker Heights Addition known and designated as NEW SUB- DIVISION Unit Number 2015-4. Richmond Avenue from its intersection with the North Lip Line of 78th Street to its inter- section with a line 3.00 feet south of the south property line of the alley south of 77th Street, known and designated as New Subdivision Unit Number 2015-5. 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 bee 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. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF JANUARY, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson, City Engineer CONSOLIDATED FINAL ESTIMATE QUAKER HEIGHTS ADDITION Lots 133-240 Accepted January 24, 1974 /s/ Morris W. Turner, Mayor APPROVED: /s/ Fred 0. Senter, Jr., City Attorney QUANTITIES S.Y. Unit & Paving L.F. Sub -Unit Location 6"Base C & G Part of NS 2015-4 Part of 78th Street from the. 289.74 78.19 ELL of Utica Avenue to the East plat line of Quaker Heights Addition NS 2015-5 Richmond Avenue from the N.L.L. 456.52 264.97 of 78th Street to 30' South of . the S.P.L. of the alley South of 77th Street TOTALS 746.26 343.16 COST ESTIMATE 746.26 S.X. Paving 6" Base @ $1.80 $1343.27 343.16 L.F. Curb & Gutter @ $2.00 686.32 CONTRACT COST $2029.59 dft COST DISTRIBUTION Property Unit & Contract Owner Sub -Unit Cost Cost Part of *hm NS 2015-4 $ 677.91 $ 677.91 NS 2015-5 1351.68 1351.68 TOTAL $2029.59 $2029.59 74-33-37-82 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (27) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorizecChange Order No. 1 to Kerr Construction Co. (G.W.O. 10,826) to construct paving improvements on the northeast corner of Indiana Avenue and 66th Street. The amount of the increase is $9,164.23. AN Z 4 1174 CHANGE ORDER NO. 1 1973 Street Paving Improvements G.W.O. 10,826 TO: KERR CONSTRUCTION COMPANY P.O. BOX 888 Lubbock, Texas Gentlemen; WHEREAS, it is desirable to make changes in the plans and specifications for this project, being namely the addition of the following units to this program: N.S. 2015-48A & 2015-49 Original Amount of Contract Increased by Change Order No. 1 Total Amount of Contract $538,972.51 9,164.23 $548,136.74 In addition the completion date on this additional work is March 15, 1974. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the Change shown herein and in the revised plans; the Owner agrees to pay the Contractor the amount of the increase in cash; and the Contractor agrees to proceed with construction and to adhere to applicable Specifications, under the direction of the Engineer. Furthermore, the partiesagree that the original contract between the Owner and Contractor shall be modified to the extent herein indicated, including one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 24th day of January, 1974. KERR CONSTRUCTION COMPANY (Contractor) By /s/ Ken Hancock Title President Kerr Construction Company CITY OF LUBBOCK OWNER ATTEST: By /s/ Morris W. Turner, Mayor /s/ Treva Phillips, City Secretary - Treasurer RECOMMENDED FOR APPROVAL: /s/ Wilford D. Watson, City Engineer /s/ N. B. McCullough, City Manager COST ESTIMATE N 1/2 66th Street from E.L.L. of Indiana to 300' E. of E.P.L. of Indiana Avenue. E. 1/2 of Indiana from 12' S. of N.L.L. of 66th Street to the S. line of Lot "A", Live Oak Addition. UNIT ITEM QUANTITY PRICE AMOUNT 2. Thoroughfare A.C. pavement 1866 S.Y. $2.59 $4,832.94 (150 #/S.Y.) on 9" Caliche base complete in place, per square yard. 3. A.C. pavement, including 1066 S.Y. 2.29 $2,441.14 sub -base, 6" caliche base complete in place, per square yard. 4. Concrete curb and gutter 610 L.F. 2.75 $1,677.50 including subgrade prepara- tion complete in place, per linear foot. 8. Ref. cone, alley returns 13.0 S.X. 8.75 $ 113.75 5" thickness complete in place, per square yard. 3A A.C. 150 #/S.Y. resurfacing 86.0 S.Y. 1.15 $ 98.90 complete in place, per square yard. TOTAL CHANGE ORDER NO. 1 $9,164.23 74-33-38-83 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (28) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6809 on first reading. ORDINANCE NO. 6809 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: rim JAN 24 1974 There is hereby appropriated out of the following described bond fund, et Improvement Fund The sum $2,874.25 For the fallowing purpose: City's cost and engineering for Change Order #1 to G.W.O. 10,826 for widening of paving NE corner of Indiana Avenue and 66th Street adjacent to Lot 1, Live Oak Addition. (Safeway) 74-33-39-84 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (29) Turner and Councilmen Hollingsworth, Bidders forebidsdonathee1974 Streetvoting eMaintenancea, none lSealNay to authorize publication of Notice Coat Program. 74-33-39-85 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion ncarried,Mayor (30) Turner and Councilmen Hollingsworth, Jordan Baker and Campbell votingYea, voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to ex- ecute for and on behalf of the �EClubbockty of Lubbock and theallrbanlNEERING Renewal AgencyEofGtheMC�ityfor Street of Lubbock Improvements between the Cityncil attached herewith which shall bspread constitute and beminutes partfofhthisuResolutionsaspifafullyupon copied the minutes of this Council shall herein in detail. Passed by the City Council this 24th day of January, 1974. /s/ Morris W. Turner, Mayor ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney See Engineering Service A reement in the files of the City Secretary's Office 74-33-39-86 Motion was made by Councilman Campbell, seconded by Councilman Baker, motioncarried, Mayor (32) Turner and Councilmen Hollingsworth, Jordan Baker and Campbell voting Yea, ng Y to pass Ordinance No. 6810 on first reading. ORDINANCE NO. 6810— AN ORDINANCE ABANDONING AND CLOSING ITHE C FOLLOWING U$OADDON OF ITION AND ATAND pORTIQN OF•ALLEYOu1I0N OF NORTH AVENUE L BETWEEN BLOCKS it A BLOCK 11, COUNTRY CLUB ADDITION AND ATPORTION ANDFLOT 13, MORE pARTICi7LARLY,DESCR BEDCOUNTRY CII3BTHEDBO yNpFIN THE CITY OF LUBBOCK, LUBBOCK COUNTY, , THIS ORDINANCE: DIRECTING THE CITY EIOFETHAT CERTA�ALLEYOFFICIAL AND MAP STREET:�PROV DING,p,LUBBOCK SAViNGS TO INDICATE THE CLOSING AND ABANDONMENT CIAUSE AND PROVIDING FOR PUBLICATION. moti74-33-39-87 Motion was made by Councilman Campbell, seconded bydan, Bakera o Cadman voting Yea,ononervoting Nayr (33) Turner and Councilmen Hollingsworth, 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 up on a Warranty favor TA attached herewith which shall be spread the minutes of 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 24th day of January, 1974. /s/ Morris W. Turner, Mayor ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Texas Highway Department Form D-15-14 PageIof4 Rev. 10-61 Lubbock County 8005-1-13 U.S. 82 (3rd St.) Control 380-1 Parcel No. 70 DEED 40 J AN 2 4 1974 THE STATE OF TEXAS COUNTY OF LUBBOCK X X KNOW ALL MEN BY THESE PRESENTS: That City of Lubbock, a Texas Home Rule Municipality, acting by and through its Mayor hereunto duly authorized of the County of Lubbock, State of Texas, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of 50% reimbursement of the value of $5,700.00 of herein described property under the term of contract to Grantors in hand paid by the State of Texas, acting by and through the State Highway Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day sold, and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas, all that certain tract or parcel of lmd in Lubbock County, Texas, and being more particu- larly described as follows, to wit: Being 3834 Sq. Ft. out of Lot 20, Block 5, Bake- Subdivision of Roberts & McWhorter Addition according to a plat of said Addition recorded in Volume 26, Page 120, of Plat Records of Lubbock County; and being the same property described in a Deed from Harold Blank, et ux, Elva, to James R. Gammill, dated May 3, 1951, recorded in Volume 422, Page 77, Deed Records of Lubbock County, Texas; said 3834 Sq. Ft. of land being more particularly described by metes and bounds as follows: Beginning at a point in the East line of Lot 20' Block 5, Baker Subdivision, said point being 10 feet North of the Southeast corner of Lot 20 Block 5; THENCE, North 30 feet along the east line of Lot 20 to a point in the south line of Third Street; THENCE, West 127.8 feet along the south line of Third Street to a point, the northwest corner of Lot 20; THENCE, South 30 feet along the West line of Lot 20 to a point in the proposed right of way line of Third Street; THENCE, East 127.8 feet along said line to the place of beginning. And for the same consideration described above, and upon the same conditions, grantor does hereby bargain, sell, and convey unto the State of Texas that portion of the following structure located on the remaining property out of which the above described premises were originally a portion, to wit: Frame Residence Item A The owner understands and agrees that it will be necessary for the State to enter upon his re- maining property out of which the above described property was conveyed for thepurposes of re- moving that portion of the above described structure which is located on such owner's remaining property. The owner hereby authorizes the State, its agents or assigns, to enter upon such remaining property for purposes of removing such structure and expressly waives all damages or claims that may result to the remaining property of the owner as a result of such entry and re- moval of such structure. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above described property, to wit: None Grantors covenant and agree to remove the above described improvements from said land by by the Ssubject, however, to such extensions of time as may be granted ace in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egres to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above described premises herein conveyed together with all and singu- lar the rights and appurtenances thereto in anywisehereby belonging, unto the State of Texas and its successors and assigns, to Warrant andForeverDefend-ourselvealloandur hsingularetheosaida premises here II conveyed unto the State of Texas and its assigns against ever g Premises herein ing or to claim the same or any part thereof. y person whomsoever lawfully claim- ing IN WITNESS WHEREOF, this instrument- is executed on this the 24th day of January, 1974. CITY OF LUBBOCK BY: /s/ Morris W. Turner, Mayor ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM /s/ Fred 0. Senter, Jr., City Attorney 4-33-40-88 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (34) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Na to portion accept the offer of Continental Moss Gordin to sell property at 1510 3rd Street a y of Lots 6 and 7, Block 8, Richmond Second Addition) for a consideration of $10,135.This nis Parcel No. 81 for the widening of 3rd Street. 41 J AN 2 4 19A 74-33-41-89 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (35) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass ordinance No. 6811 on first reading. ORDINANCE NO. 6811 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 THIRD STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following desccrribed bond fund,to-wit:ND GWO STREET 755 ENT BOND ROVE The sum $10,139.50 For the following purpose: Acquisition of Right -of -Way to widen 3rd Street. Parcel No. 81: A portion of land (12,765 sq. ft.) out of Lots 6 & 7, Block 8, Richmond Second 135.00 ,.$10, Additon to the City of Lubbock, Lubbock County, Texas ............... 4.50 Filing Fee ......................................................... TOTAL....$10,139.50 74-33-41-90 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, Motion carried, Baker and Campbell voting Yea, none voting (36) Mayor Turner and Councilmen Hollingsworth, Jordan, for the Regular Municipal Election. Nay to set April 2, 1974 as the date 74-33-41-91 Leroy Richardson, a representative of Main Lafrentz & Co. appeared before the City Council and ended September 30, 1973. Don Dorman, (37) presented the Annual Audit for the fiscal year which Main Lafrentz & Co., appeared before the City Council with recom- also a representative of for improvements in accounting precedures. After consideration of all information mendations presented, motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, Baker and Campbell voting motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, as and request Sterling Miller, Yea, none voting Nay to accept the Annual Audit presented his to respond to these recommendations for improvements with- Director of Finance, and staff in 30 days. 74-3(38) 2 ed by cilwoman motion Motion was made by CoununcilmenaHollingsworth,hJordan,dBaker andnCampbell voting,Yea, nonevoting (38) Mayor Turner and Councilmen g Financial Advisory Contract with FiAttorneysrst Nay to authorize the Mayor to enter into a the firm of Dumas, Huguenin, Boothman and Morrow, and to retain in with the 1974 Bond Election and sale of $3,500,000 General Obli- Dallas, Texas connection gation Bonds for the Memorial Civic Center. FINANCIAL ADVISORY CONTRACT (General Obligation Bonds) (M.A.C. Form C-1. Standard Form of Agreement between Municipal Subdivision and Municipal Bond Dealer Covering GENERAL OBLIGATION BONDS. Form Approved by the Municipal Advisory Council for Use of Members Only.) Date January 24, 1974 To: The Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: 1. We understand that you contemplate ordering an election within your City at which there will be submitted to its qualified voters the proposition (s) of authorizing the issu- ance of certain bonds in the following amount (s) and for the purpose (s) indicated: $3,500,000 General Obligation Bonds for memorial civic center purposes and that in connection with desire this proposal from us Advisors for your City. the authorization, issuance, sale and delivery of such bonds you to perform professional services in the capacity of Financial 2. By this proposal we offer our professional services and our facilities as Financial Advisors and agree to perform asthe infollowing judgmentduties may benormally necessaryor advisableadvisors, and h duties to perform such of er , To make a study of the debt structure of your City, the trend of its assessed val- uation, its taxing power and the present and estimated future taxingrequirements, ents, and on the basis of such study to devise and recommend for your approvalP of financing to cover the proposed bonds. Such plan shall include a maturity the schedule and other terms and conditions, such as options of prior payment like, as will, in our opinion, result in the issuance of the bonds under terms and conditions most advantageous to your City consistent with a minimum effective interest rate. We understand that you have retained or expect to retain (to be established by the City), a firm of recognized municipal bond attorneys, who will prepare the proceedings and advise the steps necessary to be taken in the bond election, the legal issuance of the bonds and the final delivery of the bonds and who will issue an opinion approving the legality of the bonds. All financial services a. L:� I 2 .BAN 21 1974 rendered pursuant to this contract will be performed in such manner, and will, include u assembling and accumulating such financial facts, information and data, as will be necessary or appropriate to obtain the unqualified approving legal opinion of said attorneys. The fee of said attorneys will be paid by us. c. At such time as it shall be decided to order a bond election, we will assemble and transmit to the bond attorneys such data as may be required in the preparation of the necessary petitions, orders, resolutions, notices and certificates; and will assist your governing body in the expeditious handlingthereof. d. We will procure and deliver to such official as you may designate such sets of election supplies, including ballots (but excluding voting machines and voting booths) as are required for each polling place. e. To advise you of current bond market conditions, forthcoming bond issues and other general information and economic data which might normally be expected to influence interest rates or bidding conditions so that the date for the sale of the bonds can be set at a time which, in our opinion, will be favorable. f. To compile from your official records for submission to and approval by your body an Official Statement or Prospectus, if required, containing official datavandlother information of the nature and to the extent ordinarily required in bidding on bonds of this type, all of which we are to furnish in a sufficient number of copies to permit mailing to prospective bidders, a list of which we'agree to provide. g. To attend to and pay for the printing of the bonds. h. To pay the necessary expenses in obtaining the approving opinion of the Attorney General of the State of Texas and the registration of the bonds by the Comptroller of Public Accounts, and the delivery of the bonds to the purchaser at a bank in Austin, Texas. i. If the bonds are eligible under Texas laws for purchase by the State Board of Educa- tion, to assist in the preparation and timely submission of an Application for Waiver to said Board. j. To accompany, if requested, members of the City Council and/or other City officials to New York, New York, to present financial and economic data necessary to obtain a rating from Moods Investors Service and/or Standard & Poor's Corporation on any proposed issue of these bonds. Expenses incurred by us in this instance will be assumed by us. The City will pay the charges of the rating services. 3. We agree to direct and coordinate the entire program of financing herein contemplated and to assume and pay the expenses above enumerated. It is specifically understood and agreed, however, that this obligation on our part shall not cover payment of any local election expenses (except that we will furnish election supplies to the extent hereinabove provided); nor shall it cover the cost of publication of notices in newspapers, or other publication costs, or the ex- penses of any litigation. 4. As consideration for the services rendered by us and as reimbursement for the expenses which we are to incur, it is understood and agreed that your City is to pay and we are to accept a cash fee to be computed as follows: the recommended minimum fee of the Municipal Advisory Council of Texas; Part VI, pages 10-12, "Financial Advisory Services for Municipalities" April 1, 1970, attached. , Such fee shall become due and payable simultaneously with delivery of the bonds to the purchaser. 5. In the event the bond election contemplated by this proposal should fail, then the fee due us shall be nothing; however, should the same or similar proposition (s) again be submitted at an election held within 36 months from date hereof, then at our option the agreement covered by this proposal shall apply to any bonds authorized at such election. 6. It is further understood and agreed that we reserve the right to submit a bid for the bonds when offered for sale. 7. This agreement shall be terminated by the delivery to the purchaser of the bonds covered hereby, or by the elapse of 36 months from date of your acceptance hereof, whichever shall first occur; however, if the bonds have not been so delivered within the period specified, this agree- ment may be extended by mutual consent. 8. This proposal is submitted in duplicate originals. When accepted by you it will consti- tute the entire agreement between your City and the undersigned for the purpose and considera- tions herein specified. Your acceptance will be indicated by the signature of your Mayor, attested by your City Secretary, on both copies and returning one executed copy to us. Respectfully submitted, R First Southwest Company �- By /s/ Joe W. Smith, Authorized Representative ACCEPTANCE ACCEPTED pursuant to a motion adopted by the City Council of Lubbock, Texas on this the 24th day of January, 1974. 41� JAN 24 197A Title Mayor, /s/ Morris W. Turner ATTEST: /s/ Treva Phillips, City Secretary -Treasurer (SEAT,) 74-33-43-93 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor none voting Nay to (39) Turner and Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, Sharing Funds for the purchase of library books. authorize the release of $30,000 from Revenue Councilman Hollingsworth was absent from the Council Chamber at the time of this action. 74-33-43-94 The following bids were received for the purchase of air and vacuum valvesfor-Public Works, (44) being Bid No. 2747. Bid Tabulation set in Bid Book. .�. After consideration of all bids received, motion was made by Councilman Baker, seconded by Hollingsworth, Jordan, Baker Councilman Campbell, motion carried, Mayor Turner and Councilmen the bid of Hydrotex Utility Supply of E1 and Campbell voting Yea, none voting Nay to accept Paso for the purchase of air and vacuum valves. At this time Mayor Turner left the Council Chamber and Mayor Pro Tem Hollingsworth assumed the Chair. 74-33-43-95 The following bids were received for the purchase of envelopes and miscellaneous forms for the (41) Tax Office, being Bid No. 2745 and Bid No. 2762. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Tem Hollingsworth, Councilwoman Jordan, Councilmen Councilman Baker, motion carried, Mayor Pro voting Nay to accept the bid of Dixon Paper Co. for the Baker and Campbell voting Yea, none Bid No. 2745; accept the bid of Dataforms & Systems, Inc., for the purchase of envelopes,being of Items 1 through 12, Items 15 through 18, and Item 20, being Bid No. 2762; and accept 2762. purchase the bid of Moore Business Forms for the purchase of Items 13, 14, and 19, being Bid No. 74-33-43-96 The following bids were received for the purchase of trucks and pickups for various departments (42) being Bid No. 2755. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded Tem Hollingsworth, Councilwoman Jordan, Council- by Councilman Baker, motion carried, Mayor Pro voting Nay to accept the bid of Don Crow Chevrolet, men Baker and Campbell voting Yea, none Items 1, 2, 4, 5, 7, A, and 9; accept the bid of Modern Chevrolet Inc., for the purchase of Co. for the purchase of Item 3 and 6. At this time Mayor Turner returned to the Council Chamber and assumed the Chair. 74-33-43-97 The following bids were recieved for the purchase of cast iron fittings and fire hydrants (43) for warehouse stock, being Bid No. 2754 and Bid No. 2756. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Hollingsworth, Jordan, Baker Councilman Campbell, motion carried, Mayor Turner and Councilmen the bid of Western Industrial Supply on and Campbell voting Yea, none voting Nay to accept the bid of Hydrotex Utility Supply of El Paso for the purchase of Bid No. 2754; and, accept ser the Items.l, 2, 3, 5, 6, and 7; accept the bid of Bowles & Eden Corp., Albuquerque, N.M., purchase of Item 4; accept the bid of M. B. McKee Co. for the purchase of Items 8 and 9, all being Bid No. 2756. 74-33-43-98 The following bids were received for the purchase of miscellaneous electric items for warehousf (44) stock, being Bid No.2757. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Hollingsworth, Jordan, Baker Councilman Campbell, motion carried, Mayor Turner and Councilmen the bid of Temple, Inc., for the purchase and Campbell voting Yea, none voting Nay to accept the bid of Graybar Electric Co., Amarillo, for the purchase of Item of Items 1 and 3; accept 2; accept the bid of Nunn Electric Supply Co. for the purchase of Item 4; accept the bid of General Electric Supply Co. for the purchase of items 5 and 7; accept the bid of Westinghouse Amarillo, Electric Supply for the purchase of Item 8; accept the bid of C. B. Anderson Co., bid Chapparel Electric Supply, Amarillo, for the for the purchase of Item 9; accept the of purchase of Item 6. 74-33-43-99 The following bids were received for the purchase of Lubbock Power and Light statements for (45) Utility Collections, being Bid No. 2758. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Hollingsworth, Jordan, Baker Councilman Campbell, motion carried, Mayor Turner and Councilmen the bid of Moore Business Forms for the and Campbell voting Yea, none voting Nay to accept purchase of statements for Utility Collections. 14 JAN 2 4 1914 74-33-44-100 The City Council considered the appointment of five members to the Board of City Development to T (46) replace members whose terms are expiring. It was unanimously agreed by the City Council to have a meeting with the Chamber of Commerce in regard to these Board of City Development appoint- ments. 74-33-44-101 Motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried, (47) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to appoint Percy Hines to the Human Relations Commission to replace A. Gene Gaines who resigned. This term expires May 5, 1975. 74-33-44-102 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (31) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize final payment in the amount of $15,290.66 to W. D. Turner Construction Co. on Paving Contract G.W.O. 10,815 (miscellaneous paving improvements). The contract was for $129,237.23 and the final cost was $129,436.17. JANUARY 25, 1974 Honorable Mayor & City Council City of Lubbock Lubbock, Texas Gentlemen: I submit herewith the closing documents for the 1973 Miscellaneous Paving Project, G.W.O. 10,815. Final inspection has been made on the abovementioned improvements and said improvements have been constructed in accordance with plans, specifications and contract documents. I therefore recommend acceptance of the improvements. Very truly yours, WDW/kr /s/ Wilford D. Watson, City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Bruce Bagwell, who being by me duly sworn, upon oath says: I, Bruce Bagwell, Vice -President of W. D. Turner Construction Co., do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated February 22, 1973, for PAVING IMPROVEMENTS, under G.W.O. 10,815, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, materials, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of thefull and final moneys due me under this contract. Witness my hand this 13th day of December, 1973. Attest: /s/ Jeannie Stuart /s/ Bruce Bagwell Subscribed and sworn to before me this the 13th day of December, 1973. /s/ Gladys Abbott Notary public in andfor Lubbock County, Texas 0 1 I a 4 J�N 2 � 19i4 74-33-45-103 In accordance with the Notice of Paving Hearing of record in City Council Minutes of December 16 & 17 13, 1973, Minute Book 32, Page 500, said hearing was held on General Work Order No. 10,836. A number of persons appeared for the paving hearing. Mayor Turner announced that the hearing was closed. After consideration of all information presented, motion was made by Council- woman Jordan, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollings- worth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6812 on first reading, with the exception that Councilman Campbell abstained from voting on Sub -Unit 4 of unit A-458. G.W.O. 10,836 ORDINANCE NO. 6812 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE EAST -WEST AND NORTH -SOUTH ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDI- TIONS: THE EAST -WEST ALLEY IN BLOCK 10, ELLWOOD PLACE, THE NORTHWEST -SOUTHEAST ALLEY ABUT- TING LOTS 116 THRU 127 MELONIE PARK.ADDITION, THE EAST- WEST ALLEY IN BLOCK 5, UNIVERSITY PLACE ADDITION AND IN BLOCK 5, TECH TERRACE ADDITION, THE NORTHEAST- SOUTHWEST ALLEY ABUTTING LOTS 517 THRU 542, BROADMOOR ADDITION, THE EAST -WEST ALLEY IN BLOCK 6, UNIVERSITY PLACE ADDITION, THE NORTH -SOUTH ALLEY ABUTTING TRACT C, BLOCKS 15, 16, 18 AND 19, MODERN MANORS ADDITION, THE NORTH -SOUTH ALLEY ABUTTING TRACT B, BLOCK 17 AND 20, MODERN MANORS ADDITION, THE EAST -WEST ALLEY IN BLOCK 7 AND 11, MODERN MANORS ADDITION, THE EAST -WEST ALLEY IN BLOCKS 8 AND 12, MODERN MANORS ADDITION, THE NORTH -SOUTH AND EAST -WEST ALLEYS IN BLOCKS 1,2,3,4,5, and 6, MODERN MANORS ADDITION, THE EAST -WEST ALLEY ABUTTING LOTS 1,2,4,5,6, 7,8,AND 9, DEAN ADDITION AND BLOCK 9, MODERN MANORS ADDITION, THE EAST -WEST ALLEY IN BLOCK 14, MODERN MANORS ADDITION, THE NORTH -SOUTH ALLEY IN BLOCKS 9 AND 10, MODERN MANORS ADDITION, THE EAST -WEST ALLEY .IN BLOCK 13, MODERN MANORS ADDITION, THE EAST -WEST ALLEY ABUTTING LOTS 10 THRU 13, DEAN ADDITION AND BLOCK 10, MODERN MANORS ADDITION AND INCLUDING A PORTION OF THE FOLLOWING STREETS: 43RD STREET, DOVER AVENUE, EAST BROADWAY, EAST 13TH STREET, EAST 15TH PLACE, ENGLE- WOOD AVENUE, AVENUE D AND 27TH STREET, 2ND PLACE, THE EAST 1/2 OF ELGIN AVENUE, FRANKFORD AVENUE, THE EAST 1/2 OF FRANKFORD'AVENUE; EAST 52ND STREET, LOCUST AVENUE, UNIVERSITY AVENUE, THE WEST 1/2 OF SLIDE ROAD, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY OF PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL.) WHEREAS, the City Engineer prepared rolls or statements for the improvements in each unit, showing the amounts to be assessed against the various parcels of abutting property, and the owners thereof, and showing other matters and things; and the same were examined by the City Council and approved, and a time and place was fixed for hearing to the owners of such abutting property, and to all others in anywise interested, and due and proper notice was given in compliance with law including notices mailed to each known property owner to be assessed addressed to his last known address as shown on the current City of Lubbock tax rolls, and such hearing was had and held at the time and place fixed therefore, to -wit: on the 24th day of January, 1974, at 2:00 o'clock P.M. in the Council Room in the City of Lubbock, Texas, and at such hearing all desiring to be heard were fully and fairly heard, and evidence was received and considered and all protests and objections made were considered, and said hearing was in all respects held in the manner provided and required by the charter and law in force in this City and by the proceedings of the City with reference to such matters, and the following protests were made concerning the improvements in the units indicated namely: Sub -Unit 4 of Unit A-458 Claude'W. Froust indicated by telephone that he was opposed to proposed alley paving improvements. Leo N. Parks appeared opposing the proposed alley paving improvements. Murry W. Coulter indicated by telephone that he was opposed to the proposed alley paving improvements. Robert H. Murphy appeared opposing the proposed alley paving improvements. Felix Gonzales appeared opposing the proposed alley paving improvements. Warner B. Sims appeared opposing the proposed alley paving improvements. Sub -Unit 6 of Unit A-458 Charles Galey appeared on behalf of Modern Manors Corp. C opposing the proposed alley paving improvements. Sub -Unit 7 of Unit A-458 Charles Galey appeared on behalf of Modern Manors Corp. B opposing the proposed alley paving improvements. Sub -Unit 8 of Unit A-458 Charles Galey appeared on behalf of Modern Manors Corp. C opposing the proposed paving improvements. Sub -Unit 9 of Unit A-458 Charles Galey appeared on behalf of Modern Manors Corp. B opposing the proposed alley paving improvements. Sub -Unit 10 of Unit A-458 =T Charles Galey appeared on behalf of Modern Manors Corp. A, B and C opposing the proposed _ IAN 24 1974 Sub -Unit 11 of Unit A-458 Charles Galey appeared on behalf of Modern Manors Corp. A opposing the proposed alley paving improvements. Sub -Unit 12 of Unit A-458 Charles Galey appeared on behalf of Modern Manors Corp. B opposing the proposed alley paving; improvements. Sub -'Unit 13 of Unit A-458 Charles Galey appeared on behalf of Modern Manors Corp. A opposing the proposed alley paving improvements. Sub -Unit 14 of Unit A-458 Charles Galey appeared on behalf of Modern Manors Corp. A opposing the proposed alley paving improvements. Sub -Unit 15 of unit A-458 Charles Galey appeared on behalf of Modern Manors Corp. A opposing the proposed alley paving improvements. Sub -Unit 10 oft Unit 2229, 43rd Street Frank J. Horne indicated by telephone that he was opposed to the proposed paving improve- ments. Mrs. Alton A. Fitzgerald appeared opposing the proposed paving improvements. A. P. Massey indicated by telephone that he was opposed to the proposed paving improvements. Dorathy R. Novak Bray indicated by telephone that she was opposed to the proposed paving improvements. Sub -Unit 12 of Unit,2229, East Broadway Raymond Hogan appeared opposing the proposed paving improvements. Sub -Unit 13 of Unit 2229, East 13th Street Harold Chapman on behalf of the J. W. Chapman Estate indicated by mail that they were opposed to the proposed paving improvements. Raymond Hogan appeared opposing the proposed paving improvements. Percy A. Williams appeared opposing the proposed paving improvements. Chester Putteet indicated by telephone that he -,es opposed to the proposed paving improvements. Sub -Unit 14 of Unit 2229, East 15th Place Gordon Treadaway appeared on behalf of the A.P. Hodges Estate opposing the proposed paving improvements. Harry C. Sieber appeared opposing the proposed paving improvements. Dora Rejino appeared opposing the proposed paving improvements. Drinkard Smart indicated by telephone that he was opposed to the proposed paving improve- ments. Sub -Unit 15 of Unit 2229 Englewood Avenue Preston Harrison on behalf of Westmoreland Baptist Church appeared opposing the proposed paving improvements. Sub -Unit 16 of Unit 2229 Avenue D and 27th Street H. D. Waller appeared opposing the proposed paving improvements. R. C. Young indicated by telephone that he was opposed to the proposed paving improvements. Sub -Unit 18 of Unit 2229 2nd Place Phil Demetro appeared on behalf of the First Foursquare Church opposing the proposed paving improvements. Sub -Unit 2 of Unit 2230, East 1/2 of Elgin Avenue Clyde Owens appeared opposing the proposed paving improvements. Fred Dahnke appeared opposing the proposed paving improvements. Mrs. Ellen Will indicated by telephone that she was opposed to the proposed paving improve- ments. JAN 2 Madge P. Garrett indicated by telephone that she was opposed to the proposed paving improvements. Mrs. K. H. Halter appeared opposing the proposed paving improvements. Sub -Unit 3 of Unit 2231 Frankford Avenue Mrs. Evelyn Jones Pope appeared opposing the proposed paving improvements. Charles Clough appeared on behalf of the Lubbock Bible Church opposing the proposed pavi improvements. Sub -Unit 1 of Unit 2232 East 52nd Street A representative of the Fort Worth and Denver Railway Company appeared opposing the proposed drainage easement on 52nd Street. Sub -Unit 2 of Unit 2232, Locust Avenue Warlick Carr appeared on behalf of Ray Furr and Lubbock Auto Auction Company opposing the proposed paving improvements. Mrs. Walter Butler appeared opposingthe proposed paving -improvements. Sub -Unit 1 of Unit 2233 University Avenue Clyde Owens appeared opposing the proposed paving improvements. And all objections and protests made were fully considered and the City Council having fully and fairly heard all parties making any protest and all parties desiring to be heard, and having fully considered all matters presented for consideration, and having fully conside ed all of the evidence, and all pertinent and proper matters is of opinion that the following disposition should be made of such protests and objections, and that assessments should be made as herein ordained, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. THAT all protest and objections, whether herein specifically mentioned or not, shall be and the same are hereby overruled and the said hearing, with respect to each and all sub- units and units, is hereby closed, except that it was found that alley paving sub -units 6, 7, 8, 9, 10, 11, 12, 13, 14�and 15 of Unit A-458, sub -units 10, 15, 16 and 18 of Unit 2229, Sub- units 2 of Unit 2230 were erroneously included in the public notice and in the contemplated ordinance and in other proceedings; therefore NO ASSESSMENT shall be made against the propert included in said Sub -Units and the City 'Engineer is hereby -directed to delete and/or omit the engineeris assessment roll for said Sub -Units consistent with this finding. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, January 24, 1974. ORRIS W. TURNER, MAYOR ATTEST: Treva Phillips, City ecretary-Treasurer READ AND APPROVED THIS THE 14th day of February, 1974. ATTEST: Treva Phillips, City S retary-Treasurer 2h4maa.�. AM MORRIS W. TURNER, MAYOR