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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/28/19741 MAR 2 8 19 LI REGULAR CITY COUNCIL MEETING March 28, 1974 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall. The following members thereof, being present to -wit: Mayor Morris W. Turner, Councilman Lonnie F. Hollingsworth, Councilwoman Carolyn Jordan, 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 74-33-141-352 The invocation was given by Councilman Lonnie F. Hollingsworth. (1) - 74-33-141-353 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 74-33-141-354 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 March 14, 1974. 74-33-141-355 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (10) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6859 on second and final reading. ORDINANCE NO. 6859 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 $5,923.42 For the following purpose: Water lines ahead 1974 paving program at the following locations: 1974 Ahead of Paving Water Lines University Avenue from 76th St. to 82nd Street 6" Dover Avenue from Brownfield Drive to 44th Street 6" E- Broadway from Holly Avenue to June Avenue V-10" Locust Avenue from 34th St. to 36th Street 8" E. 15th Street from Guava Avenue to June Avenue 6" Total Estimated Cost $ 374.07 2,113.68 552.47 2,347.26 535.94 $5,923.42 74-33-141-356 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (11) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6860 on second and final reading. ORDINANCE NO. 6860 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 & POWER SYSTEM REVENUE BOND FUND The sum $79,000.00 For the following purpose: Acquisition of tract of land, 425.00 feet by 300.00 feet, out of the SE 1/4 of Section 13, Block B, Lubbock County, Texas, for purpose of building a new LP&L Substation. Land only ....................$78,500.00 Incidentals ................. 500.00 Total ......... $79,000.00 74-33-141-357 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (12) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6861 on second and final reading. ORDINANCE N0. 6861 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: STREET IMPROVEDMENT BOND FUND. 142 The sum $27,500.00 For the following purpose: Acquisition of Lots 7,8,9 & 10, Block 40, Original Town for access to other property. Land only.......................$25,000.00 Incidentals .................... 2,500.00 Total .......... $27,500.00 74-33-142-358 Motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor (13) Turner and Councilmen Hollingsworth and Baker voting Yea, Councilwoman Jordan and Councilman Campbell voting Nay to pass Ordinance No. 6842 on second and final reading. Don Osborne appeared in support of the passage of this ordinance. ORDINANCE NO. 6842 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. 1946: CHANGE LOTS 1 THROUGH 6, BLOCK 3, COLLEGE HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-2" TO A T-3" ZONING DISTRICT; SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-142-359 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner (14) and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6869 on second and firal reading. ORDINANCE NO. 6869 AN ORDINANCE AMENDING ORDINANCE No, 5754 OF THE CITY OF LUBBOCK TO CORRECTLY REFLECT THE IN- TENT OF THE CITY COUNCIL IN REGARDS TO THE CONDITION PLACED ON A PORTION OF THE SUBJECT PROPERTY LOCATED 660 FEET WEST OF GARY AVENUE AND 330 FEET NORTH OF 60TH STREET. 74-33-142-360 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (15) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, pursuant to a certain Contract for a Community Renewal Program Grant, numbered Tex. R-139 (CR) and dated July 17, 1970 (hereinafter called the "Contract"), with the United States of America, the City of Lubbock undertook the preparation of a Community Renewal Program, more particularly described in the Contract, for the City of Lubbock; and WHEREAS,the City of Lubbock has duly completed its activities and duties under the Contract and there has been referred to the City Council of the City of Lubbock (hereinafter sometimes called the "Governing Body") a copy of the Community Renewal Program, prepared thereunder and dated August, 1973; and WHEREAS, it is required under the terms and conditions of the Contract that the Governing Body certify that the Community Renewal Program conforms to the general plan of the City of Lubbock, before the final payment on the grant provided for in the Contract will be made; and WHEREAS, general plan elements have been prepared for the general development of the City of Lubbock; and such elements are currently being updated; and WHEREAS, the Planning and Zoning Commission, which is the duly designated and acting official planning body for the City of Lubbock, has submitted to the Governing Body its report and re- commendations respecting the Community Renewal Program conforms and has certified that the Community Renewal Program conforms to the general plan of the City of Lubbock; and WHEREAS, the Governing Body has reviewed and considered the Community Renewal Program and the report, recommendations, and certification of the Planning and Zoning Commission: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the Community Renewal Program conforms to the general plan of the City of Lubbock and shall be used as a guide for future renewal and rehabilitation programs. Passed by the City Council this 28th day of March, 1974. /s/ MORRIS W. TURNER, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-142-361 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (16) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, pursuant to a certain Contract for a Community Renewal Program Grant, numbered Tex. R-139 (CR) and dated July 17, 1970 (hereinafter called the "Contract"), with the United States of America, the City of Lubbock undertook the preparation of a Community Renewal Program, more particularly described in the Contract, for the City of Lubbock; and R- ti 14fl MAR 2 8 19 WHEREAS, the City of Lubbock has duly completed its activities and duties under the Contract and there has been referred to the City Council of the City of Lubbock (hereinafter sometimes called the "Governing Body") a copy of the Community Renewal Program, prepared thereunder and dated August, 1973; and WHEREAS, it is required under the terms and conditions of the Contract that the Governing Body must consider and duly approved the Community Renewal Program and certify that it con- forms to the general plan of the City of Lubbock, before the final payment on the grant pro- vided for in the Contract will be made; and WHEREAS, general plan elements have been prepared for the general development of the City of Lubbock; and WHEREAS, the Planning and Zoning Commission, which is the duly designated and acting official planning body for the City of Lubbock, has submitted to the Governing Body its report and recommendations respecting the Community Renewal Program and has certified that the Community Renewal Program conforms to the general plan of the City of Lubbock; and WHEREAS, the Governing Body has reviewed and considered at legnth the Community Renewal Program and the report, recommendations and certification of the Planning and Zoning Com- mission: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Community Renewal Program conforms to the general plan of the City of Lubbock and that the Community Renewal Program is hereby approved in all respects. Passed by the City Council this 28th day of March, 1974. /s/ MORRIS W. TURNER, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer /s/ Fred 0. Senter, Jr., City Attorney 74-33-143-362 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (17) Turner and Councilmen Hollingsworth, Baker and Campbell voting Yea, Councilwoman Jordan voting Nay to approve the request of the State Highway Department to change a portion of the frontage road of U.S. 87 south of Lubbock within the City limits from a two-way to a one-way system. 74-33-143-363 The City Council considered traffic control design for 50th Street and Memphis Avenue. Bill (18) McDaniel, Director of Traffic, appeared before the City Council and presented an analysis of a traffic count taken at this intersection. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize that left turn slots be designated on the pavement with paint, and left turn arrows be installed for north -south traffic in the signal at this intersection. 74-33-143-364 The City Council considered the re -design of 50th Street and Slide Road intersection. Bill (19) McDaniel, Director of Traffic, appeared before the City Council and presented an analysis of a traffic count taken at this intersection. 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 authorize the re -design of the intersection at 50th Street and Slide Road. 74-33-143-365 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (20) Turner and Councilman Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6870 on first reading. ORDINANCE NO. 6870 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: STREET IMPROVEMENT The sum $24,000 For the following purpose: Improvements to intersection at 50th Street and Slide Road 74-33-143-366 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor (21) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to approved the price and conditions of sale on Parcel No. 52-2 in the Coronado Urban Renewal Area to M. J. Alexander for a consideration of $808.50. 74-33-143-367 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (22) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize revisions in the 1974 Paving Project on East Broadway from June Avenue to Holly Avenue and on the south side of East 15th Street from Ironwood to June Avenue. 144 74-33-144-368 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor (23) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6871 as an emergence measure. ORDINANCE N0. 6871 AN APPROPRIATION ORDINANCE WHERE, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Im- The sum $1,820.00 provements For the following purpose: For removal and reconstruction of the median in 50th Street between Avenue A and Avenue D. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate council meetings be dis- pensed with; and this ordinance shall be effective from the date ofits passage. 74-33-144-369 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner (24) 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 134 thru 295, Melonie Gar- dens Addition. WHEREAS, the developer of Lots 134 thru 295, Melonie Gardens Addition has complied with the provisions of the City of Lubbock Code, Chapter 34, 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 costtn the developer is $66,346.08 with the improvements constructed by Holloway Contracting Company having a value of $55,075.03 as determined by the unit prices established by said Chapter 34, and $11,371.05 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Leroy Elmore (Special No. 2), the developer, to receive a refund of $4,283.38 in accordance with Chapter 34 of the Code of the City of Lubbock, 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 $4,283.38 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 28TH DAY OF MARCH, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer /s/ Morris W. Turner, Mayor APPROVED: APPROVED /s/ Wilford D. Watson, City Engineer /s/ Fred 0. Senter,Jr., City Attorney 74-33-144-369 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (25) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6872 on first reading. ORDINANCE N0. 6872 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING ALLEY: NORTH -SOUTH ALLEY IN THE WILLIAMS SUBDIVISION OF THE JOHN W. JARROTT SUBDIVISION 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 CER- TAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-144-370 Motion was made by Councilman Batter, seconded by Councilman Campbell, motion carried, Mayor (26) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. 45 MAR 2 8 1974 RFsnr]rrrnN 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 UNDERGROUND POWERLINE AND PAD MOUNT TRANSFORMER EASEMENT AGREEMENT by and between the City of Lubbock (as Grantee) and Safeway Stores, In- corporated, a Maryland Corporation (as Grantor), 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 28th day of March, 1974. ATTEST: /s/ MORRIS W. TURNER, MAYOR Isl Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney GRANT OF EASEMENT (Utility) SAFEWAY STORES, INCORPORATED, a Maryland corporation, Grantor, for and in consideration of the sum of TEN AND N0/100 DOLLAR ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant unto The City of Lubbock, Lubbock County, Texas, a Texas Home Rule Municipal Corporation, Grantee, its successors and assigns, a ten (10) foot wide non-exclusive easement for the installation, operation, maintenance, repair and replacement of Underground Powerline and pad Mount Transformer the surface of the real property described on Exhibit "A", attached hereto and made a part hereof. TOGETHER WITH the right of necessary access from the surface of said real property and the right of necessary ingress and egress over the adjacent land of Grantor at reasonable times for the purpose of exercising the rights herein granted. Provided: First, that any installation, operation, maintenance, repair or replacement performed hereunder shall be at no cost to Grantor unless agreed to in writing by Grantor, and shall .� be so performed as to interfere as little as reasonably possible with the use and enjoyment of the above described real property and Grantor's adjacent land by persons occupying the same or lawfully present thereon. To effectuate this intent, Grantee shall provide and maintain safe vehicular and/or pedestrian bridges for use by Grantor's customers, agents, employees and invitees, where necessary to maintain reasonable access to Grantor's store and Parking lot; and Grantee shall keep the easement and Grantor's adjacent areas free of equipment and materials at all times, except when workmen are actively working in the easement area, unless Grantor gives its prior written consent to do otherwise. Second, if the surface of the easement and/or surface of Grantor's adjacent real property and/or any improvements thereon shall be disturbed by installation, operation, maintenance, repair or replacement, said surface and/or improvements shall be promptly restored by Grantee to their condition just prior to such disturbance. Third, that there shall be no liability on Grantor, its successors -and assigns and persons occupying or lawfully present on the easement area for damage, if any, which may be caused by normal and reasonable use of, or vehicular or pedestrian traffic over said easement area. Said normal and reasonable use may include the parking of vehicles on said easement and installa- tion, operation and maintenance of standard parking lot improvements including paving, bumper curbs, light standards and striping. Fourth, that Grantee further agrees that it will permit no mechanics', materialmen's or other liens to stand against Grantor's premises for work or materials furnished Grantee in connection with the easement granted herein, and Grantee agrees to indemnify and hold Grantor harmless from the same. Fifth, that Grantee agrees to indemnify Grantor against and save Grantor harmless from all demands, claims, causes of action or judgments, and all reasonable expenses incurred in investigating the same, for injury to person, loss of life or damage to property occurring on the easement area and arising out of Grantee's use and occupancy of said area. Grantee agrees to maintain adequate insurance covering its obligations as hereinabove stated in respect of injury to person or loss of life and will furnish Grantor with evidence of such coverage before commencing any use or occupancy of said easement area. Sixth, that Grantor agrees no building structure shall be erected or permitted on the easement; provided, however, Grantor reserves the right to require, at Grantor's expense, the relocation of all or part of the utilities installed by Grantee hereunder to the extent from time to time as it is necessary to permit further development of Grantor's real property. Seventh, that this easement shall terminate and be of no further force or effect upon thirty (30) days written notice from Grantor to Grantee to discontinue the service to Grantor from Grantee's facilities with the easement. EXHIBIT A Easement out of Lot I, Live Oak Addition to the City of Lubbock, Lubbock County, Texas, being more specifically described by metes and bounds as follows: 146 aR 2 8 1974 BEGINNING at a point 106.00 feet North of the Southeast corner of Lot I, Live Oak Addition; THENCE West a distance of 25.00 feet; THENCE South a distance of 10.00 feet; THENCE East a distance of 25.00 feet; THENCE North a distance of 10.00 feet to the point of BEGINNING. IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant of Easement on this 28th day of March, 1974. GRANTEE: CITY OF LUBBOCK, TEXAS GRANTOR: SAFEWAY STORES, INCORPORATED (a Maryland Corporation) By /s/ MORRIS W. TURNER, MAYOR By Its Assistant Vice President ATTEST: By /s/Treva Phillips, City Secretary -Treasurer By Its Assistant Secretary 74-33-146-372 Motion was made by Councilman Campbell, seconded by Councilman Baker motion carried, Mayor Turner (27) and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize publication of Noticeto Bidders for the sale of city -owned property (land only) at 4818 14th Street, Lot 13, Block 6, Westover Addition and establish minimum bid of $4,000. 74-33-146-373 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (28) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize -the purchase of right-of-way on Quirt Avenue from Lap 289 north of F.M. 2641. 74-33-146-374 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (28a) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that Ordinance No. 6873 be passed on first reading. ORDINANCE N0. 6873 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: STREET IM- PROVEMENT The sum $25,000 For the following purpose: Purchase of Right -of -Way on Quirt Avenue North Loop 289 to Airport Entrance. (City's Share) 74-33-146-375 The City Council considered revising the driveway opening ordinance for commercial areas. Bill (29) McDaniel, Director of Traffic, appeared before the City Council and presented a sketch of the pro- posed changes. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Turner, Councilmen Hollings- worth and Baker voting Yea, Councilwoman Jordan and Councilman Campbell voting Nay to table this item. 74-33-146-376 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (29a) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to remove Item 29 from the Table for reconsideration. 74-33-146-377 After further consideration of Item 29, proposed revision of the driveway opening ordinance for (29b) commercial areas, it was unanimously agreed bythe City Council to give this matter more study and to consider it again at the April 11 City Council Meeting. 74-33-146-378 The City Council considered the following revenue sharing status report: (32) FEDERAL REVENUE SHARING FUND STATUS OF BUDGETED PROJECTS ENTITLEMENT PERIODS 1, 2, 3 and 4 AS OF MARCH 25, 1974 Amount Amount % Balance Entitlement Periods 1 & 2 Budgeted Appropriated A22ro.- Una ro riated (January l-December 31, 1972) - Solid Waste Collection $1,445,676.00 $1,445,676.00 100.00% $ -0- (Containerization) Extension of Electrical Lines 440,000.00 4403-000.00 100.00% -0- Into New Subdivisions Purchase of Fuel Facilities 101,000.00 10I 000.00 100.00% -0- Total for Entitlement Periods $1,986,676.00 $1,986,676.00 -0- 14 MAR 2 8 1971 Entitlement Period 3 (January 1-June 30, 1973) Fire Apparatus $ 96,550.00 $ 100,374.00 Police Training Facility 100,000.00 Support of Emergency 28,800.00 Ambulance Service Sanitary Sewers 15,000.00 Site Preparation and Clean-up 134,000.00 For Canyon Lakes Street Resurfacing and Repair 165,000.00 Street Lighting 127,000.00 Upgrade Rodent Control Program 5,000.00 Expansion of Animal Control 7,500.00 Program Animal Control Facilities Improv. 23,000.00 Improvement to Solid Waste Collec. 287,326.00 (Containerization) Purchase of Books and Materials 30,000.00 for Central Library Recreation Program For Elderly 5,000.00 Support of Mass Transit System 14,000.00 Record Retention 50,000.00 Water Lines Ahead of Paving 25,000.00 Five Acre Pump Station Site 25,000.00 82,000.00 28,800.00 -0- 134,000.00 165,000.00 -0- -0- -0- 2,000.00 287,326.00 30,000.00 -0- 14,000.00 -0- 16,780.00 -0- 103.96% 82.00% 100.00% 0.00% 100.00% 100.00% 0.00% 0.00% 0.00% 100.00% 100.00% 100.00% 0.00% 100.00% 0.00% 67.12% 0.00%, $ -0- 18,000.00 -0- 15,000.00 -0- -0- 127,000.00 5,000.00 7,500.00 -0- -0- -0- 5,000.00 -0- 50,000.00 8,220.00 25,000.00 Water Service to New Areas 50,000.00 45,055.00 90.11% 4,945.00 Total for Entitlement Period $1,167,176.00 $905,335.00 $265,665.00 Entitlement Period 4 (July 1, 1973-June 20, 1974) Expansion of N.W. Water $ 200,000.00 $ -0- 0.00% $ 200,000.00 Reclamation Plant Improvement of Solid Waste 500,000.00 444,006.74 88.80% 55,993.26 Collection (Containerization) Water System Improvement 200,000.00 -0- 0.00% 200,000.00 1973-74 Budgeted Capital Outlay 909,053.00 909,053.00 100.00% -0- 1974-75 Budgeted Capital Outlay 365,675.00 -0- 0.00% 365,675.00 Total for Entitlement Period $2,174,728.00 $1,353,059.74 $8212668.26 After consideration of all information presented, motion was made by Councilwoman Jordan, s econded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept this report as presented and release funds which have not been appropriated. 74-33-147-379 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 Nay to appoint Main LaFrentz, CPA's to perform audit of OEO Grant in accordance with grant agreement 74-33-147-380 The City Council considered the claim of Lester L. Payne in the amount of $170 for fire damage (35) of fence. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingswort Jordan, Baker and Campbell voting Yea, none voting Nay to deny this claim. 74-33-147-381 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (36) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6874 as an emergency measure. AN ORDINANCE by the City Council of the City of Lubbock, Texas, relating to the authorization of $3,500,000 Eertificates of obligation known as "CITY OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1974," repealing certain authority to issue.such certificates; declaring an emergency. 74-33-147-383 Motion was,made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (37) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to correct Item 41 of the November 21, 1973 City Council Minutes of record in Minute Book 32, Page 466, regarding revenue sharing expenditure for the electric system to read as follows: 48 1281974 "Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor Turner, Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to authorize the reallocation of revenue sharing fund expenditures from the underground line construction to electric system improvements." 74-33-148-383 The City Council considered the request of the Texas highway Department for water and sewer ser- (38) vice to a site approximately one-half mile soath of 82nd Street on U.S.87. This proposed site of a maintenance building and yard is outside the city limits. After consideration of all- infor- mation presented, motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to reject this request because it violates previous City policy for extending water service outside the city limits. 74-33-148-384 (39) 74-33-148-385 (40) 74-33-148-386 (41) 74-33-148-387 (42) 74-33-148-388 (43) Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilman Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the City of Lubbock desires to continue as a participant in the South Plains Association of Governments' Regional Law Enforcement Network Program; and, WHEREAS, the City of Lubbock deems the Teletype essential to the continued operation of the Police Department on a high standard; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock is HEREBY authorized to enter into the Regional Law Enforcement Network Program seeking support of Sixty percent (60%) by the Texas Criminal Justice Division. Passed by the City Council this 28th day of March, 1974. /s/ MORRIS W. TURNER, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney The following bids were received for sandblasting and painting digester a-t Water Reclamation Plant, being Bid No. 2824. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of W. R. Dean Co. for sandblasting and painting digester for Water Reclamation Plant. The following bids were received for painting elevated water storage tank at 35th Street and Avenue W, being Bid No. 2826. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Lupton Painting Co., Shawnee, Oklahoma, for painting elevated water storage tank. The following bids were received for the construction of a wire fence at the sanitary landfill, being Bid No. 2834. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, I Baker and Campbell voting Yea, none voting Nay to accept the bid of.L. C. Hill Fence Co. for the I construction of a wire fence at the sanitary landfill. 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 pass Ordinance No. 6875 on first reading. ORDINANCE NO. 6875 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 (F LUBBOCK: 1 There is hereby appropriated out of the following described bond fund, to -wit: Sanitation Bond Fund The sum $16,622.50 1 MAR 2 8 For the following purpose: Sanitary Landfill Fence Land and Material $15,681.60 Engineering 6% 940.90 $16,622.50 74-33-149-389 The following bids were received for the relocation of water lines, No. 4 Station, north to (44) Avenue N and Marshall Street, being Bid No. 2835. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Panhandle Construction Co. for relocation of water lines. 74-33-149-390 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (45) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6876 on first reading. ORDINANCE NO. 6876 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 $206,437.97 For the following purpose: Construct 24 inch water distribution main from #4 Pump Station to Avenue "N" and Marshall Street.4 Contract $182,922.80 Work By City Forces 11,830.00 Engineering and Contingencies 11,685.17 TOTAL $206,437.97 74-33-149-391 The following bids were received for swimming pool construction at George Woods Park, being (46) Bid No. 2833. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Campbell to accept the lowest bid for this construction on the condition that the Parks Board come up with revised plans to cut $30y000 and still have a usable facility. This motion was withdrawn. It was unanimously agreed by the City Council to request the Parks Board to work with the architects on this conga ucthnand come back before the City Council at the April 11 City Council Meeting. 74-33-149-392 The following bids were received for the purchase of various printed forms for Utility Col- (47) lections, being Bid No. 2837. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of C. E. "Buddy" Furgerson for the purchase of Item 1; accept the bid of Dataforms & Systems, Inc., for the purchase of Item 2; accept the bid of Hart Graphics & Office Center for the purchase of Item 3. 74-33-149-393 The following bids were received for the purchase of a film processor for the Health Depart- (48) ment, being Bid No. 2840. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Profexray (Litton) for the pur- chase of a film processor for the Health Department. 74-33-149-394 The following bids were received for the purchase of uniforms (annual bids) for the Police (49) and Fire Departments, being Bid No. 2821 and Bid No. 2822. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept -the bid of Donovan Uniforms, Dallas, for the purchase of Items 1 through 4; accept the bid of J. B. Battle Uniforms, Oklahoma City, Oklahoma, for the purchase of Items 5 through 8, being Bid No. 2821: Accept the bid of J. B. Battle Uniforms, Oklahoma City, for the purchase of uniforms for the Police Department being Bid No. 2822. R 28 `174. 74-33-150-395 (50) The following bids were received to establish price for a period of one year on water pipe, being Bid No. 2842. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Turner and Councilman Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Wheeler Pipe & Supply Co., El Paso, for 0 the purchase of Items 1, 2 and 3; accept the bid of Western Industrial Supply Co., Amarillo, for the purchase of Items 4 and 5. 74-33-150-396 The following bids were received for the purchase of electric items for warehouse stock, being (51) Bid No. 2818. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker I I I and Campbell voting Yea, none voting Nay to accept the bid of Westinghouse Electric Supply Co. for the purchase of Items 2, 3, 5, 6, and 11; accept the bid of C. B. Anderson Co., Amarillo, for the purchase of Items 4, 12, 14, 15, and 16; accept the bid of Southwestern Electric Co. for the purchase of Item 7; accept the bid of Nelson Electric Supply Co. for the purchase of Items 8, 9, 10, and 19; accept the bid of Temple, Inc. for the purchase of Items 13, 17 and 18. 74-33-150-397 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (52) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to appoint Frank Imke to the City -County Child Welfare Board to fill the unexpired term of Royce Lewis who resigned. This term will expire June 1, 1975. 74-33-150-398 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (54) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to call a Special City Council Meeting for Wednesday, April 3, 1974 at 9:00 a.m. to canvass the returns of the General City Election to be held April 2, 1974 and to swear in any candidates receiving a majority of the votes. 74-33-150-399 The City Council considered an exception of requirement of the Fire Safety Code, for additional (53) enclosed stair well at the Great Plains Building. At the request of the Mayor, City Attorney Fred 0. Senter, Jr., presented the following comments: "This item was placed on the agenda as an emergency because it affects the Building In- spector's Office, and the Fire Marshal's office and concerns the Great Plains Building. The See Item 55, Fire Marshal and Building Inspector's and City Manager and I have been in conversation with Page 168 of the the present owners of the Great Plains building and under the Fire Safety Code, at the present April 11, 1974 City time, it was passed in 1972, on January 23 of that year, under the present code it would re - Council Minutes re- quire that an additional stair well be constructed in the Great Plains Building. This build- garding letter ing, in my opinion, should be considered as a non -conforming building, because at the time it from Gaut S Gaut. was constructed, it did comply with state law; there was no code in the City of Lubbock con- trolling construction of Great Plains building. The owners have told us, have stated, that they will make the present stair well smoke proof, which was never done at the time the building was constructed, and of course this exception to the Fire Safety Code is provided in the present code in Section 1-4, which provides for modification of the code by the authority having jurisdiction over it. In Sub Section 2 of that section, and in addition Section 1-6111 provides that the authority having jurisdiction shall determine the adequacy of exits and other measures for life safety from fire in accordance with the provision of the life safety code, but in case of practical difficulty, or unnecessary hardship, the authority having jurisdiction may grant exceptions from the code only when it is clearly evident that reasonable safety is thereby secured. Now the fact that they plan, and will make this present stair well smoke proof, might be considered and constitute a reasonable safety within this provision. We wanted to present this to the Council in the event they want to grant an exception to the Fire Safety Code." After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Baker and Campbell voting Yea, Councilwoman Jordan voting Nay that the exception be granted of the requirements of the Fire Safety Code in reference to the Great Plains Building. 74-33-150-400 Motion was made by Councilman Campbell, seconded by Councilman Baker, motion carried, Mayor (33) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6877 on first reading. ORDINANCE NO. 6877 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, 0 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: (Various Bond Funds - See Below) The sum $37,300 For the following purpose: Cost incurred in connection with sale of $10.0 million G.O. Bonds, Series 1974, i.e., Financial Advisors Fee, Bond Attorney's fee, preparation and mailing of prospectus, bond numbering cost, CUSIP numbering system, and bond rating fees. Actual costs on GWO 10866 to be pro rated as follows: MAR 2 g I Street Improvement 3.5% Canyon Lakes 3.00% Waterworks 3.85% Civic Center 35.00% Parks 3.00% Airport 51.65% NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, March 28, 1974. MORRIH W. TURNER, MAYOR ATTEST : reva Phillips, r Secretary -Treasurer READ AND APPROVED THIS THE llth day of April, 1974. ATTEST: reva Phillips, City ecretary-Treasurer S ROY BASS, MAYOR