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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/25/1974I Me APR 2 5 197, REGULAR CITY COUNCIL MEETING APRIL 25, 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 Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 74-33-169-455 The invocation was given by Al Couch, Director of Public Services. (1) 74-33-169~456 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 74-33-169-457 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (3) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes, Regular Meeting held April 11, 1974, as corrected. 74-33-169-458 William Guild, of 2721 64th Street, appeared before the City Council and made the following (10) statement requesting the installation of three stop signs at the intersection of 64th Street and Boston Avenue. Mr. Mayor and Members of the City Council. I want to thank you for the opportunity of speaking to the City Council today about what belief to be an important, if not earthshaking, matter. My name is William Guild, I live at 2721 64th, and I am here to represent a number of the citizens in the neighborhood of 64th and Boston. This concerned citizens group hereby petitions the City Council for its approval of the in- stallation of three (3) STOP SIGNS at the intersection of Boston at 64th Street for the purposes of helping to safeguard our children and our property. Although we have long been concerned as individuals with the lack of STOP SIGNS at this inter- section, our group consciousness first developed in January when a car, southbound on Boston, failed to negotiate either a turn or a stop, and drove into the living room of the house at 2717 64th. pl— Subsequent calls to the Traffic Engineering Office, while extremely cordial, failed to produce the requested signs. We learned, to our surprise, that STOP SIGNS are not used for the purposes of traffic control and that anyone who wanted to speed on 64th Street would not obey STOP SIGNS anyway. It should be noted that the only individual who refused to sign this petition was given a speeding ticket for doing what we are trying to prevent. In all fairness to the Traffic Engineering Office, however, a double arrow sign was installed at the intersection of Boston at 64th which indicates that Boston ends at 64th. And, in the past few days, we have noticed an increased number of patrol cars in our area as well as two newly installed traffic counters. There are many, many children in our neighborhood and many, many cars. Neither of the two groups is necessarily concerned with an awareness of the other. As the Summer approaches, the neighborhood pool opens with over 200 member families and many more children, and the local traffic increases, the probabilities of a serious accident becomes immeasurably greater. Discussion of CHART A and comparative CHART B. In conclusion, it is our belief that we have presented sufficient evidence for the City Council to grant our petition. Thank you. /s/ William W. Guild 2721 64th Mr. Guild also presented a petition which contained 63 names, supporting this request. After considearation of all information presented, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Councilman West, Councilwoman Jordan and Councilman Henry voting Yea, Mayor Bass and Councilman Campbell voting Nay to authorize the installation of three stop signs at this intersection as requested in the petition. 74-33-169-459 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion -carried, Mayor (il) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6878 on second and final reading. ORDINANCE N0. 6878 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: 1i{1 APR 25 1974 There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Funds The sum $48,000 For the following purpose: Material, equipment & labor necessary to construct two (2) double tennis coutts, volleyball court, basketball court and playground on Leroy Elmore Park.. 74-33--170-460 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6880 on second and final reading. AN APPROP MATION ORDINANCE ORDINANCE N0. 6880 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 The sum $147,620.71 IMPROVEMENT For the following purpose: CITY'S COST ON 1974 PAVING PROJECT G.W.O. 10,836 City's Part on Streets $126,932.12 City's Part on Aiilieys 19,688.59 Driveway Adjustment 1,000.00 TOTAL CITY'S COST $l 720.71 74-33-170-461 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6886 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6886 WHEREAS, ihe 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 The sum $80,000.00 LIGHT AND POWER SYSTEM REVENUE BOND FUND For the following purpose: Labor and materials for a 69000 volt transmission line from Holly Plant Switchyard to Slaton Substation. 74-33-170-462 Motion was made by Councilwoman Jordan, seconded by Cou cilman Campbell, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance N6. 6887 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6887 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 1T 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 The sum $97,560.86 Project For the following purpose: Constructwater lines ahead of 1974 paving and in areas of low pressure. Contract $90,678.55 Work by City forces 1,360.00 Engr. & contingencies 5 522.31 4-33-170-463 97,5 0. (15) The City Council considered the passage of Ordinance No. 6865 on second and final reading changing property located at the northwest corner of 50th Street and Indiana Avenue from "R-2" to "C-2" Zoning District, limited to savings and loan and professional offices (Zone Case No. 1826-A). Larry Teaver, representing West Texas Savings and Loan Association, appeared before the City Council in support of the passage of this ordinance and read the following resolution from the present Board of Directors of West Texas Savings Association: 171a APR 2 5 1974 OPTION AGREEMENT a THE � TATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THIS AGREEMENT entered into this__— 2 5 d9y of APRIL 1974, between the CITY OF LUBBOCK, hereinafter known as the CITY and WEST TEXAS SAVINGS ASSOCIATION OF LUBBOCK, TEXAS, hereinafter known as the "OWNER". WHEREAS, the Owner is the record owner of certain real property situated in Lubbock County, Texas, and more particularly described as follows Lot 1, Fry Addition, to the City of Lubbock, Lubbock County, Texas; and WHEREAS, it is uncertain whether the City will need a portion of the above described property for right-of-way for proposed street .improvements; and WHEREAS, the City desires an option to purchase the property described hereinbelow in the event the City does determine a need for such property; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS - THAT the Owner in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS to it paid by the City in cash, the receipt and sufficiency of which is hereby acknowledged, and in the mutual promises, covenants and payn3ents hereinafter provided does hereby agree as follows: The City may exercise the option of purchasingfrom the Owner, for street right-of-way pirposes, the property described hereinbelow or such portion thereof as it may det ermine at the time of exercising its option at any time before twenty (20) years from date by written notice to the Owner, delivered personally or mailed to the Owner or his agent at Lubbock, Texas, and by paying to the Owner the total purchase price which shall be the fair market value thereof, not to exceed $2. 50 per square foot for the property or any portion thereof described as follows- 0 A tract of land out of the East side of Lot 1, Fry Addition to the City of Lubbock, Lubbock County, Texas, as shown on the attached Exhibit "A" as future right-of-way for Indiana Avenue. The Owner hereby covenants and agrees that in the event the City does not exercise this option within the option period but at a later date, the Citv seeks to acquire the property covered by the option by process of eminent domain; then, in such event, the Owner will not assert any claim for damages to the remainder of the tract or tracts from which such property is taken. APR 2 THE STATE OF TEXAS I X CERTIFIED COPY OF RESOLUTION COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared JIM KIMMEL, Secretary of WEST TEXAS SAVINGS ASSOCIATION of Lubbock, Texas, who after being by me duly sworn, upon his oath states that the following resolution was adopted and passed by the Board of Directors of WEST TEXAS SAVINGS ASSOCIATION of Lubbock, Texas, on the 22nd day of April, 1974. "BE IT RESOLVED THAT: WHEREAS, WEST TEXAS SAVINGS ASSOCIATION, Lubbock, Texas, has made application for a zone change on property located at 3402 Indiana, and identified as zone case 1826-A, before the City Council of the City of Lubbock, Texas, and. WHEREAS, the final approval of the zone change by the Lubbock City Council is pending subject to the clarification of certain right-of-way proposals now under consideration by the City of Lubbock, and WHEREAS, WEST TEXAS SAVINGS ASSOCIATION, Lubbock, Texas, recognizes that the City of Lubbock needs to acquire additional property for the purpose of widening Indiana Avenue in Order to construct two additional right-hand turn lanes west onto 50th Street, NOW, THEREFORE, the present Board of Directors of WEST TEXAS SAVINGS ASSOCIATION, Lubbock Texas, does hereby express the intent of the present Board of Directors to recommend to the stock subscribers of the Association that the property under consideration by the City of Lubbock as described and shown on the attached amended site plan, be offered for sale to the City of Lubbock when and if the same is needed by the City of Lubbock, at a fair market value not to exceed $2.50 per square foot. The property is located on the west side of Indiana Avenue and extends from 49th Street to 50th Street north and south. It is further described as being the East side of Lot One (1), Fry Addition to the City of Lubbock, Lubbock County, Texas." EXECUTED this the 23rd day of April, 1974. /s/ JIM KIMMEL, Secretary of WEST TEXAS SAVINGS ASSOCIATION SUBSCRIBED AND SWORN TO BEFORE ME, on this the 23rd day of April, 1974. /s/ Molly Keene Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personal ly appeared JIM KIMMEL, Secretary of WEST TEXAS SAVINGS ASSOCIATION, known to me to be the per and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said WEST TEXAS SAVINGS ASSOCIATION, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capactiy therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 23rd day of April, 1974. /s/ Molly Keene NOTARY PUBLIC, LUBBOCK COUNTY, TEXAS After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen WEst, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6865 on second and final read- ing subject to the additional conditions that the free standing sign permitted be limited to 12 feet in height as shown on the site plan and that an agreement be entered into between the City of Lubbock and the property owners granting the City an option to purchase right-of- way if needed, and authorizing the Mayor to execute said Agreement and incorporating the above resolution. of West Texas Savings Association into the Minutes. ORDINANCE N0. 6865 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. 1826-A: CHANGE LOT 1, FRY ADDI- TION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO A "C-2" ZONING DISTRICT, LIMITED TO SAVINGS AND LOAN AND PROFESSIONAL OFFICES: SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. OPTION AGREEMENT set in on page 171a. 74-33-171-464 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (16) Mayor Bass, Councilmen West, Jordan, Henry and Campbell votmng Yea, none voting Nay to pass Ordinance No. 6879 on second and fiaai reading. ORDINANCE N0. 6879 AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO CHANGE THE SOUTH 111' OF LOTS 1-9, BLOCK 124, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A PORTION OF LOTS 10, 11, AND 12, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM 72 -33-172-465 (17) FIRE ZONE NO. 2 TO FIRE ZONE NO. 3: DIRECTING THE BUILDING INSPECTION ADMINISTRATOR TO INDICATE SUCH CHANGE IN THE OFFICIAL FIRE ZONE MAP, CITY OF LUBBOCK: Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6884 on second and final reading. ORDINANCE NO. 6884 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE PLUMBING CODE), BY AMENDING SECTION 24-40 THEREOF REGULATING THE USE OF P.V.C. PIPE FOR GAS SERVICE; AMENDING SECTION 24-40 REGULATING THE USE OF "NO -HUB" CAST IRON PIPE UNDER CONCRETE SLABS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. -33-172-466 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6885 on second and final reading. ORDINANCE NO. 6885 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE) BY PROVIDING FOR THE ADOPTION OF THE 1973 EDITION OF THE UNIFORM BUILDING CODE; AMENDING SECTION-5-2 THEREOF PROVIDING FOR AMENDMENTS TO SUCH 1973 EDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. -33-172-467 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6883 on second and final reading. ORDINANCE NO. 6883 AN ORDINANCE ABANDONING AND CLOSING CERTAIN PORTIONS OF ALLEYS AND STREETS IN OR NEAR BLOCKS i AND 2, LIVERMORE 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 CERTAIN ALLEYS AND STREETS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. -33-172-468 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RFSM 11T I nN 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, a body politic and corporate, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Coundil shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of April, 1974. ATTEST: /s,AOY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK I QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/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, situated in Lubbock, Lubbock County, Texas, a body politic and corporate, 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, being herein designated Tract I and Tract II, said tracts being respectively described by metes and bounds as follows: TRACT I Li L Certain alleys in the Livermore Addition to the City of Lubbock, Lubbock County, Texas. BEGINNING at the original Northeast corner of Lot 14, Block 1, Livermore Addition to the City of Lubbock, Lubbock County, Texas; APR 2 THENCE North a distance of 20.0 feet; THENCE West a distance of 150.0 feet; THENCE South a distance of 195.1 feet; THENCE West a distance of 25.0 feet; THENCE South a distance of 36.9 feet; THENCE East a distance of 50.0 feet; THENCE North a distance of 212.0 feet; THENCE East a distance of 125.0 feet to the POINT OF BEGINNING. TRACT II A portion of Avenue W North of 1st Street and alleys in Block 2, Livermore Addition to the City of Lubbock, Lubbock Bounty, Texas. BEGINNING at the original Northeast corner of Lot 1, Block 2, Livermore Addition to the City of Lubbock, Lubbock County, Texas; THENCE West a distance of 270.6 feet; THENCE South a distance of 140.0 feet; THENCE West a distance of 25.0 feet; THENCE North to a point of intersection with the Southeasterly right-of-way line of the Santa Fe Railroad; THENCE North 530 541 East along said right-of-way line to a point of intersection with an extension of the North line of Lot 7, Block 2, Livermore Addition; THENCE East to the original Northwest corner of said Lot 7; THENCE South a distance of 36.9 feet; THENCE East a distance of 127.5 feet; THENCE North a d i stance of 36.9 feet; THENCE East a distance of 15.6 feet; THENCE South a distance of 36.9 feet; THENCE East a distance of 127.5 feet; THENCE South a distance of 21.4 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privilege and appurtenances 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 25th day of April, 1974. /s/ ROY BASS, MAYOR /.s/Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-173-469 NOTICE (21 ) OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other,persons as provided by law, that the City Council will hold a public hearing on the 25th day of April, 1974, at 9:30 A.M., in the City Council Chamber the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Com- mission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation: ZONE CASE NO. 1941-A - Request of E.Z. Hogan to change Lots 6 thru 12, Block 1, Maddox Addition, City of Lubbock, Lubbock County, Texas, from R-2 to C-2 Zoning District tied to a site plan. (Located at the NW corner of North Detroit Ave.and Colgate.) 2 5 1974 The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. Proposed sign be as shown on the site plan. 2. Gas pumps be moved to Colgate Street. 3. Site plan be revised to conform with additional right-of-way requirements. ZONE CASE NO. 1490-B - Appeal of Edward Napier (for Don Crow Chevrolet) to change Lots 1 and 2, Fiesta Autoland Center Addition, City of Lubbock, Lubbock County, Texas, to amend the site plan and change condition #5 of Ordinance #5307 to permit a free standing sign adjacent to Slide Road. (Located at the SE corner of Loop 289 and Slide Road South) The Planning and Zoning Commission recommended to the City Council that this request be denied. (CITY SEAL) /s/ Treva Phillips, City Secretary -Treasurer City of Lubbock, Texas In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 1941-A - Request of E. Z. Hogan to change property located at the northwest corner of North Detroit Avenue and Colgate Street from "R-2" to "C-2" Zoning District, tied to a site plan. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. Proposed sign be as shown on the site plan. 2. Gas pumps be moved to Colgate Street. 3. Site plan be revised to conform with additional right-of-way requirements. Mayor Bass called for proponents and opponents to appear before the City Council. E.Z. Hogan appeared before the City Council in support of this zone change request. Mr. Hogan also presented a petition, containing 81 signatures, supporting this zone change request. Van McVay, Administra- tor Zoning and Environmental Control, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman West to pass Ordinance No. 6888 on first reading tied to revised site plan showing future right-of-way for Detroit Avenue and showing a 43' building set back from Detroit Avenue and Colgate Street. ORDINANCE NO. 6888 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. 1941-A: CHANGE LOTS 6-12, BLOCK 1, MADDOX ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM "R-2" TO "C-2" ZONING DISTRICT; SUBJECT TO CONDITION ; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. -33-174-470 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (22) 1490-B - Appeal of Edward Napier (for Don Crow Chevrolet) to change property located at the south- east corner of Loop 289 and Slide Road South by amending the site plan and changing Condition No. 5 of Ordinance No. 5307 to permit a free standing sign adjacent to Slide Road. The Planning and Zoning Commission recommended thatthis request be denied. Mayor Bass called for proponents and opponents to appear before the City Council. Ed Napier and Don Crow appeared before the City Council in support of this request. A map was presented showing the proposed sign. Van McVay, Administrator, Zoning and Environmental Control, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hear- ing was closed. After consideration of all information presented, motion was made by Councilman West to overrule the recommendations of the Planning and Zoning Commission and allow the sign as shown on the map. This motion died for lack of a second. Motion was then made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, Councilman West voting Nay to uphold the recommendations of the Plan- ning and Zoning Commission and deny this request. --33-174-471 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (23) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 56-17-1 in the Guadalupe Urban Renewal Area to Raul Cavazos for a consideration of $1,540 to be redeveloped as a single-family residence. 1-33-174-472 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (26) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolu- tion be passed. RESOLUTION Resolution accepting water and sewer improvements for Lot 1 thru 143, Western Estates Addition. WHEREAS, the developer of Lot 1 thru 143, Western Estates 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 16 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $214,618.20 with the improvements con- structed by Holloway Contracting Company having a value of $202,0 3).21 as determined by the unit prices established by said Chapter 34, and $12,642.22 cash (engineering, wet tie-ins, paving re- pair, difference in Pro Rata and actual Cost) paid to the City, with Wilson and Wilson, Incorpor- ated, the developer, to receive a refund of $172,634.86 in accordance with Chapter 34 of the Code of the City of Lubbock and a refund of deposit in the amount of $54.03 and, 'ii F1 175a A� 2 z 5 1974 SEE Item #11 of May 9, 1974 meeting Page 183. Street Use License Page 183b. STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LU13BOCK § This indenture made this 2 � day of �fi� 19'74, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and HAROLD- TED CORPORATION, A Corporation, of Lubbock County, Texas, hereinafter called "LICENSEE". WITNESSETH: For and in consideration of the sum of NINE HUNDRED FORTY AND NO/100 ($940.00) DOLLARS to it in hand paid by GRANTEES herein and subject to the terms, conditions and provisions herein, the CITY OF LU13BOCK does grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street as outside storage in and upon the following described portion of dedicated public street, to -wit: BEGINNING at the Northwest Corner of Lot 1, Sweatt Addition to the City of Lubbock, Lubbock County, Texas; THENCE South along the West line of Lot 1, Sweatt Addition a distance of 585. 76 feet to the Southwest Corner of said Lot 1; THENCE Southwesterly a distance of 80.04 feet to the South- east Corner of Lot 1, Keystone Fleming Addition; THENCE North along the East line of Lot 1, Keystone Fleming Addition a distance of 588.79 feet to the Northeast Corner of Lot 1, Keystone Fleming Addition; THENCE East a distance of 80.00 feet to the PLACE OF BEGINNING. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK re- tains the right, at its selection to cancel and revoke this liecnse, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE at 701 N. Avenue N. , Lubbock, Texas. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be re- moved such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and re- pairing of paving, sidewalks and utilities of any nature occasioned by the construc- tion as authorized bar this license. _.. :75 APR 2 5 1974 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have beencDmpleted 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 $172,634.86 be made in accordance with said Chapter 1. 3. That a refund of deposit be made in the amount of $54.03. 4. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25TH DAY OF APRIL, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED /s/ Wilford D. Watson, City Engineer /s/ ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-175-473 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (28) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6889 on first feading. ORDINANCE NO. 6889 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 Fund The sum $22,000.00 For the following purpose: Adjustment of water lines along 19th Street from Avenue "A" to University Avenue ahead of widening and repairing. 74-33-175-474 Motion was mdde by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize publication of Notice to Bidders for the construction of miscellaneous water and sewer extensions. 74-33-175-475 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (30) Bad Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6890 on first reading. ORDINANCE NO. 6890 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; NOWTHEREFORE, 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 The sum $18,500.00 For the following purpose: Construction of water mains and appurtenances to improve water service in South Lubbock: 8" & 10" from 76th Street and Flint to 78th Street and Elgin Various valves on Indiana Avenue and on 82nd Street. 74-33-175-476 The City Council considered an ordinance abandoning and closing North Avenue P between Lot 1, (31) Keystone Fleming Addition and Lot 1, Sweatt Addition. Norton Baker appeared before the City Council representing HAROLD-TED' CORPORAT4.ON4cturing u-. requesting the closure of the avenue. Van McVay, Administrator of Zoning and Environmental Control, appeared before the City Council with recommendations regarding access into this industrial area. Mr. McVay stated that it was the recommendation of the Planning Department that this portion of Avenue P remain open. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay thatthis street not be closed, but that the application for a Street Use License be granted at the prevailing rates and that the following resolution be passed author- izing the Mayor to execute a Street Use License. Resolution and Street Use License set in paqe 175a. -APR 25 1974 74-33-176-477 (32) Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, and Henry voting Yea, none voting Nay that the following resolution be passed. Councilman Campbell was absent at the time of this motion. 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 CONTRACT between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock for engineering design services for street lighting of interior streets within Memorial Civic Center Complex 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 25th day of April, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney CONTRACT FOR SERVICES PART I /s/ ROY BASS, MAYOR This agreement entered into this 16th day of April, 1974, between the Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas, (referred to as "Local Public Agency") and the City of Lubbock, A Home Rule Municipal Corporation of Lubbock County, Texas, (Refereed to as "Con- t ractor") WITNESSETH: WHEREAS, the Local Public Agency has under date of June 16, 1971, entered into a Loan and Capital Grant Contract 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 loan and Capital Grant Contract, the Local Public Agency is under- taking certain activities- necessary for the planning or execution of a Project situated in the Project Area -described below; and, WHEREAS, the Local Public Agency desires to engage the Contractor to render certain technical advice and assistance in connection with such undertaking of the Local Public Agency; and WHEREAS, the Local Public Agency and the Contractor are separate public entities and not connected; NOW, THEREFORE, the parties to this Contract do mutually agrees as follows: 1. Scope of Services. The Contractor shall perform all necessary services provided under this Contract in connection with and respecting the following Project area within the City of Lbbbock, Lubbock County, Texas, and being more patticularly described in "Exhibit A" and "Exhibit B" attached hereto and made a part thereof, and shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the Local Public Agency, the following: See Exhibit A S B page A. Prepare preliminary studies, layouts and cost estimates and design of the system in- cluding location of light poles, conduit, service points and transformers, determine wattage and type of lamp, fixture and reflector to be compatible with the walkway lighting to be installed in the Memorial Center Complex by Page & Wirtz Construction Company, Inc. Technical specifica- tions for the pole fixture, and lamp shall be prepared. B. All preliminary data shall be submitted in three copies for coordination with work performed by the architects and engineers for the City of Lubbock and Local Public Agency. 2. Time of Performance. The services of the Contractor are to commence on April 16, 1974, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract; but in any event all of the services required here* under shall be completed by June 4, 1974. 3. Local Public Agency will pay to the Contra= a sum not to exceed $1,000.00 which shall constitute full and complete compensation for Contractor's services hereunder. Such sum will be paid as follows: The Contractor shall deliver to the Local Public Agency within the first fifteen (15) days of a calendar month following a calendar month in which any contract services were rendered, an itemized statement stating the nature of the contract services rendered, materials used, if any, the time expended in the performance of such services and the sum demanded. The Contractor will charge the Local Public Agency for the actual labor and material expenses incurred by it in ful- filling the Contract. As a basis of determining the charges to the Local Public Agency, the Con- tractor shall establish a G.O.W.O. number to which all labor and material expenses will be credited. Employee time cards for the Project will be maintained together with requisitions for materials used. All records will be open for inspection by the Local Public Agency. 177a APR z 5 1974 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-6213 RENEWAL ASSISTANCE ADMINISTRATION (2-69) CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES Part II — Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination.- In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the Local Public Agency, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the Contract by the Contractor, and the Local. Public Agency may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Agency from the Contractor is determined. 2. Termination for Convenience of Local Public Agency. The Local Public Agency may terminate this Contract any time by a notice in writing from the Local Public Agency to the Contractor. If the Contract is terminated by the Local Public Agency as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty per cent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due•to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes. The Local. Public Agency may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, Which are mutually agreed upon by and between the Local Public Agency and the Contractor, shall be incorporated in written amendments to this Contract. 1 I.A APR 2 5 1974 In addition to the compensation provided above, the Local Public Agency will reimburse the Contractor monthly for travel and subsistencV expenses in connection with the performance of its duties under this Contract outside the City of Lubbock, Texas, the actual cost of its agents or employees transportation by common carrier or the sum of .10 cents per mile if the travel is performed by its own vehicles, and not to exceed twenty ($20.00) dollars per day of subsistence expenses. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of $1,000.00 for all of the services required. 4. Terms and Conditions. This agreement is subject to and incorporates the provisions attached hereto as Part 11--- Terms and Conditions. See Part II on page 177a. 5. Non -Federal Labor Standards Provisions. The following labor standards provisions are applicable to this Contract under State or local law; provided that the inclusion of such provisions in this Contract shall not be construed to relieve the Contractor or any subcon- tractor from the pertinent requirements of any corresponding Federal labor standards provisions of this Contract and provided further, that the iimitation�, if any, in these Non -Federal labor standards provisions upon hours per day, per week, or per month which the employees engaged on the work covered by this contract may be required or permitted to work thereon shall not be exceeded. Where minimum rates of pay required under State or local law are higher than the minimum rates of pay required by or set forth in the Federal labor standards provisions of this Contract for corresponding classifications, such State or local minimum rates shall be the applicable minimum rates of pay for such classifications. 6. Prevailing Salaries. Not less than the respective salaries prevailing in the locality as determined pursuant to the attached "Determination of Prevailing Salaries of Technical Positions" shall be paid to persons in the respective occupations listed therein employed in the performance of work under this contract. 7. Certifications. The Contractor shall furnish to the Local Public Agency with each statement submitted for services rendered certifications as to compliance with Section 6 of this Part when applicable, and a similar certification of his sub -contractors with respect to employees engaged in work under this Contract. IN WITNESS WHEREOF, the Local Public Agency and the Contractor have executed this agree- ment as of the date first above written. URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK BY /s/ Jimmy R. Price, Chairman ATTEST: /s/ H. 0. Alderson CITY OF LUBBOCK BY /s/ ROY BASS, MAYOR ATTEST:" /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr., City Attorney 74-33-177-47-8 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6891 on first reading. ORDINANCE NO. 6891 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK ENTITLED "STREETS AND SIDEWALKS", BY AMENDING SECTION 28-63 THEREOF BY AMENDING DRIVEWAY STANDARDS PLATE NO. 1; BY ADDING A NEW DRIVEWAY STANDARDS PLATE NO. 3; BY RE -NUMBERING SUB -SECTION (e) AND (f) THEREOF TO BECOME SUB -SECTION (i) AND (j); BY ADDING THERETO NEW SUB -SECTIONS (e), (f), (g) AND (h) GOVERNING DRIVEWAY CONSTRUCTION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-177-479 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (34) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following re- solution be passed. RESOLUTION WHEREAS, the Texas Department of Health is establishing ten regional offices which will serve to decentralize their operations and provide improved service to counties without public health services; and, WHEREAS, Region 2, the 32 county area which includes the City of Lubbock, is being studied for the location of a regional health officel NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Texas Department of Health is urged to select the City of Lubbock as the site for 178 APR � 5 1974 the location of Region 2 Health offices for the reason that the City of Lubbock is the largest city within the region and a regional health center could serve the largest concentration of population in Lubbock County and the surrounding counties. Passed by the City Council this 25th day of April, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. , City Attorney /s/ROY BASS, MAYOR 74-33-178-480 The City Council considered a program for removal of abandoned vehicles on city streets. Lonnie (35) White of Lubbock Wrecker Service appeared before the City Council and asked about the volume of cars to be stored. After consideration of all information presented, motion was made by Council- man Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize the initiation of this program and to authorize the publication of Notice to Bidders for the removal of abandoned vehicles on city streets on a contract basis. 74-33-178-481 The City Council considered the claim of Charla Sue White in the amount of $25,000 based on arrest (36) by Police Officer. After consideration of all information presented, motion was made by Council- man Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to deny this claim. 74-33-178-482 The following bids were reveived for the purchase of one 4-Wheel drive vehicle for the Health (37) Department, being Bid No. 2866. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Turner Ford Company for the purchase of one 4-wheel drive vehicle for the Health Department. 74-33-178-483 The following bids were received for junk vehicle removal and demolition for a period of twelve (38) months, being Bid No. 2870. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of City Auto Parts and Wrecking for junk vehicle removal and demolition for a period of twelve months and to pass the following resolution authorizing the Mayor to execute an Agreement between the City of Lubbock and City Auto Parts S Wrecking cover- ing the removal of junked vehicles. RFCnI IITInN 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 City Auto Parts & Wrecking covering the removal of junked vehicles 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 25th day of April, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney JUNKED VEHICLE REMOVAL AGREEMENT THE STATE OF TEXAS X COUNTY OF LUBBOCK I /s/ ROY BASS, MAYOR THIS AGREEMENT entered into between the CITY OF LUBBOCK, hereinafter called "City" and CITY AUTO PARTS & WRECKING, hereinafter called "Contractor" for the removal and demolition of junked vehicles within the City of Lubbock: WITNESSETH: 1i [I WHEREAS, the City of Lubbockhas enacted an amendment to its Code of Ordinances providing for the removal and demolition of junked vehicles within the City of Lubbock in accordance with APR 25 19 the Texas Abandoned Motor Vehicle Act and desires to enter into an agreement with the Con- tractor for the performance of such services upon the terms and conditions set forth below: 1. Contractor hereby agrees to pick up and dispose of junked vehicles within the City of Lubbock within forty-eight (48) hours as directed by the authorized official of the City of Lubbock, such acts to be performed in accordance with the Ordinances of the City of Lubbock and the Texas Abandoned Motor Vehicle Act. 2. The Contractor shall be responsible for the keeping of records incidental to the r-r removal and disposition of such junked vehicles and shall prepare the necessary forms needed by the City and the State of Texas in performing such services and such records shall be available ;to the City of Lubbock and State of Texas. 3. The Contractor shall pay to the City the sum of $12.67 for each junked vehicle picked up and disposed of upon direction of the City of Lubbock, such compensation shall be paid by the Contractor to the City the first of each month along with a statement listing all junked vehicles picked up and demolished during such month. 4. The Contractor shall maintain-1 nsurance on all of his vehicles used in performing these services and in addition shall maintain liability insurance in the amount and form acceptable to the City Attorney which covers such services. 5. The Contractor shall hold the City free from any liability or responsibility for the acts of the Contractor, its agents or employees in the performance of such services. 6. The term of this Agreement shall be for a period of twelve (12) months and may be terminated by either party upon thirty (30) days written notice to the other party. EXECUTED this 25th day of April, 1974. CITY OF LUBBOCK ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: CONTRACTOR: /s/ Fred 0. Senter, Jr., City AWrney 74-33-179-484 The following bids were received for the purchase of miscellaneous electric items for ware- (39) house stock, being Bid No. 2848. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of General Electric Supply Co. for the purchase of Item 1; accept the bid of Fields and Co. for the purchase of Item 2 and 7; accept the bid of Southwestern Electric Supply Co. for the purchase of Item 5; accept the bid of C. B. Anderson Co. for the purchase of Items 6 and 8A. 74-33-179-48 5 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (40) Bass, Councilmen Wirst, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Don Giese to the Planning and Zoning Commission to fill the unexpired term of Alan Henry who resigned. This term expires November 16, 1975. 74-33-179-486 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor (41) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Rev. Adolphus Cleveland to the Parks and Recreation Board to fill the unexpired term of Dirk West who resigned. This term expires March 31, 1975. 74-33-179-489 Mayor Bass appointed Jorge Moreno to the Civil Service Commission to fill the unexpired term (42) of the late E. G. Pharr. This term expires January 29, 1976. Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to support this appointment. .� 74-33-179-488 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (43) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint Dr. Hardy Clemons, Richard Ybarra, Al Caviel, Joe Trujillo and Lorenzo Sedeno to the Human Relations Commission. These terms are for three years and will expire May 25, 1977. 74-33-179-48g Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (44) Councilmen West and Henry voting Yea, Councilwoman Jordan voting Nay to reconsider the passage of Ordinance No. 6766 on second reading at the City Council Meeting to be held on May 9, 1974. Councilman Campbell abstained from voting on this item. 74-33-179-4+" Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvements ordinances and resolutions and entered into contract with Commercial Concrete Construction Company (G.W.O. 10,836) for the making and construction of street and/or alley improvements on portions 180 ,pp 25 1974 of numerous alleys, streets and/or avenues in said City including among others the following: The East-West alley between 20th Street and 21st Street from its intersection with the East Lip Line of Canton Avenue to its intersection with. the West Lip Line of Boston Avenue known and designated as Sub -Unit I of Unit Number A-458. The East-West alley between 22nd Street and 23rd Street from its intersection with the East Lip Line of Gary Avenue to its intersection with the West Lip Line of Flint Avenue known and desig- nated as Sub -Unit Number 3 of Unit Number A-458. The East-West alley between 21st Street and 22nd Street from its intersection with the East Lip Line of Gary Avenue to its intersection with the West Lip Line of Flint Avenue known and desig- nated as Sub -Unit Number 5 of Unit Number A-458. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 10 , 836) . THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: That the improvements on said portions of the abovementioned alleys be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 25TH DAY OF APRIL, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson, City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 10,836 Accepted April 25, 1974 QUANTITIES /s/ ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney L. F. Removal OfC&G S.Y. And Unit & L.F. Alley Paving Sub -Unit Location C & G Return Repair A -458-1 E-W alley between 20th Street & 83.50 359.78 56.10 21st Street from the ELL of Can- ton Avenue to the WLL of Boston Avenue. A-458-3 E-W alley between 22nd Street & 80.0 693.78 60.0 23rd Street f rom the ELL of Gary Avenue to the WLL of Flint Avenue. A-458-5 E-W alley between 21st Street & 84.3 693.11 56.3 22nd Street from the WLL of Gary Avenue to the ELL of Flint Avenue. TOTAL 247.80 1746.67 172.4o COST ESTIMATE 247.80 L. F. Curb & Gutter @ $3.00 $743.40 1746.67 S.Y. Ailey Return @ $9.79 $17,099.90 172.40 L. F. Removal of C & G @ $2.50 $431.00 & Paving Repair CONTRACT COST $18,274.30 COST DISTRIBUTION APR 2-5 1� r r— r Unit C Sub -Unit A-458-1 A-458-3 A-458-5 TOTAL Contract Cost $3913.00 $7182.10 $7179.20 $18,247.30 Property rhanar rr%r $1758.00 $3516.00 $3516.00 $8790.00 City Cost $2155.00 $3666.10 $3663.20 $9484.30 74-33-181-491 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (27) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize final payment in the amount of $4,257.67 to Anthony Mechanical, Inc., for power generation facilities at the Southeast Water Reclamation Plant. The original contract was $188,000 and the final cost was $191,227.67. CONTRACTOR'S FINAL ESTIMATE AFFIDAVIT ANTHONY MECHANICAL, INC., Contractor, Lubbock, Texas having completed the construction of a Power Generation Facility and Water Reclamation Plant in Lubbock County, Texas, known as Project WPC - TEX - 542, Contract No. 3, I, W. R. Anthony for Anthony Mechanical, Inc., Contractor, hereby affirm that all just bills for labor and material used under this contract have been paid. Contractor: ANTHONY MECHANICAL, INC. By /s/ W. R. Anthony, President Subscribed and sworn to before me, this the 8th day of April, 1974. ESTIMATE NO. PAGE 1 OF 3 CONTRACTOR: /s/ Wyvonne Daniel, Notary Public in and for LUBBOCK County, Texas CITY OF LUBBOCK, TEXAS WATER RECLAMATION FACILITIES PROJECT WPC-TEX-S 2 POWER GENERATION FACILITY ESTIMATE CERTIFICATE CONTRACT NO. 3 8 (FINAL) GWO - 10824 ANTHONY MECHANICAL, INC. P. 0. Box 2706 Lubbock, Texas 79408 FROM: May 28, 1973 DATE: April 5, 1974 COMPLETION DATE: March 29, 1974 % OF TIME USED: 100 % OF PROJECT COMPLETED: 100 TO: March 29, 1974 ANALYSIS OF WORK PERFORMED TO DATE Value of Original Contract Work Performed ------------------------------- $ Value of Change Orders Performed (See Page 3)--------------------------- $ Value of Deductions ------------------------------------------------ {-'r $ Total Value of Work Performed ------------------------------------------- $ Value of Materials on Hand at Close of Period --------------------------- $ Net Amount Earned Plus Materials on Hand -------------------------------- $ Amount Retained ----------------------------------------------------- f-) $ Total Amount Due -------------------------------------------------------- $ Previous Payments---------------------------------------------------(-) $ AMOUNT DUE THIS ESTIMATE ---------------------------------- $ Balance of Contract After Payment: $ -0- Recommended PARKHILL, SMITH & COOPER, INC., Consulting Engineers For Payment: By /s/ Chester A. Green,Proj. Engr., April 8, 1974 Accepted By: ANTHONY MECHANICAL, INC., Contractor By /s/ (signature not readable) April 8, 1974 Approvea £dr CITY OF LUBBOCK, TEXAS, Owner Payment by: By %s/ Guy Wilson, Utilities Engr., April 26, 1974 By /s/ Treva Phillips, City Secretary, April 25, 1974 By /s/ Roy Bass, Mayor, April 25, 1974 188,000.00 3,227.67 -0- 191 ,227. 7 191,227.67 -0- 186,970.00 ,257. 7 182 PR 2 5 1974 CITY OF LUBBOCK, TEXAS WATER RECLAMATION FACILITIES POWER GENERATION FACILITY PREVIOUS PAYMENTS CONTRACT NO. 3 Estimate No. 1 $ 23,510.26 Estimate No. 2 $ 36,791.95 Estimate No. 3 $ 59499.05 Estimate No. 4 $ 36:558.44 Estimate No. 5 $ 5,281.20 Estimate No. 6 $ 5,416.20 Estimate No. 7 $ 19,912.90 TOTAL OF PREVIOUS PAYMENTS $ 186,970.00 CITY OF LUBBOCK, TEXAS WATER RECLAMATION FACILITIES POWER GENERATION FACILITY CONTRACT NO. 3 ORIGINAL CONTRACT ITEM CONTRACT PERCENT VALUE OF NO. DESCRIPTION PRICE COMPLETE COMPLETED WORK 1. Bond, Insur. & Mobilization $ 5,000.00 100 $ 5,000.00 2. Install Diesel Gen. Unit 4,000.00 100 4,000.00 3. Misc. Equipment 53-900.00 100 53,900.00 4. Piping, Etc. 40,992.00 100 40,992.00 5. General Constr. & Concrete 57,300.00 100 57,300.00 6. Building Plumbing 3,000.00 100 3,000.00 7. Building Heating & Air Cond. 3,100.00 100 3,100.00 8. Electrical Work 20,708.00 100 20,708.00 TOTAL SUMMARY OF CHANGE ORDERS Change Order No. 1-------------------------------------------- ADD Change Order No. 2-------------------------------------------- ADD TOTAL Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: 100 $188,000.00 April 25, 1974 $ 970.00 2,257.67 $ 3,227.67 On April 24, 1974, 1 inspected the Southeast Plant Power Generation Facilities, G.W.O. 10824, constructed by Anthony Mechanical, Inc., under contract dated May 28, 1973, and found said im- provements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the con- tractor. Very truly yours, /s/ Wilford D. Watson, City Engineer t WDW/kr NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE C COU L ADJOURNED FROM REGULAR"` MEETING, APRIL 25, 1974. r ATTEST: ROY BASS, MAYOR i i Treva Phillips, City etary-Treasurer READ AND APPROVED THIS THE 9TH DAY OF MAY, 1974. 0 ATTEST: ROY BASS, MAYOR Treva Phillips, City Sec tary-Treasurer