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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/9/1974183a my 9 1974 74-33-183a-495 George Wall, District Engineer for the Texas Highway Department, appeared before the City Council (10) and discussed priorities for highway construction within the city limits of Lubbock. Mr. Wall reported to the City Council that Metro Funds for Highway construction within limits had been depleted, and that now Urban System funds are available. There are approximately 1.6 million dollars of Urban System funds which will be available for highway construction projects within the city limits of Lubbock each year for a 3 year period. He also pointed out that the lead time required until completion of a project has increased greatly, primarily due to environmental impact statements and other such requirements and that in 1956, the lead time was 34 months, in 1961 the lead time was 44 months, in 1972, lead time is 61 years. He also provided estimates for the Federal Aid Urban System projects that are eligible in the city limits of Lubbock. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay that Quirt Avenue be designated as Priority No. 1, Avenue H and Texas Avenue designated as Priority No. 2 with respect to the use of $1,647,000 funds available, both to be done if sufficient funds are available. (Set in letter and Estimate for Federal Aid Urban System below) CONIMISSION ! —1,45YAYE H1GH:YAY ENGINEER REAGAN HOLiSTON, cHai.4agN TEXAS HIGHWAY DEPARTMENT B. L. DEBERRY ' DEW?TT G. GREER '•' CHARLES E_ SINIONS P. 0. Box 771 Lubbock, Texas 79408 April 23, 1974 r 1N REPLY REFER TO FILE NO. Mr. N. B. McCullough _ City Manager of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Mr. McCullough: This district is in receipt of instructions to form a Federal Aid Urban System Program. Eligible projects for this program would come from the Urban System of the Federal Aid Urban System Map of Lubbock,. as approved under the Lubbock Urban Transportation Study, and further as approved by the City, Texas Highway Department and the Federal High- way Administration. Accordingly, we would like to request an appearance before the City Commission to discuss this program, and to assign priority to a project or projects under this program. Please be reminded that meetings with city councils regarding the selection of urban projects and the assign- ment of priorities are subject to the provisions of the Texas Open Meet- ings Law, Article 6252-17, V. T. C. S. It will be the City's responsi- bility to post a notice of this meeting at least three days in advance of the meeting. The projects authorized on University from 4th to 19th Street, Spur 232 (Indiana) from F. M. 2255 to U. S. 62, and connection between Avenue H and Texas Avenue from 3rd to 9th Street were funded under the old Metro- politan Funds. These funds are completely depleted, and if the City still classifies these projects as priority, they should be considered for funding under the Federal Aid Urban System Program. Ver,f t �1y yo s , f George C. [loll, J-3�1. District Engineer District Five GCW/ rm j 183b MAY g 1974 — ——- ..... ...— ' 5 SEE Item #31 of April 25, 1974 meeting on Page 175. Street Use License on page 175a. STREET USE LICENSE j i THE STATE OF TEXAS COUNTY OF LUBBO CK � This indenture made this 9th day of May, 1974, 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: Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street as outside storage in and upon the follow- ing described portion of dedicated public street, to -wit: ti 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 Southeast 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 renewalby the City Council and the CITY OF LUBBOCK retains the right, at its selection to cancel and revoke this License with or without cause, ___ -- LI__ l._ Inr%% A_ a_ i . T — . . . __ . - _ m is MAY 9 19V REGULAR CITY COUNCIL MEETING May 9, 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 Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. ' Absent: Councilman Alan Henry. 74-33-183-492 The invocation was given by Sam Wahl, Director of Public Works. (1) 74-33-183-493 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chamber. OPM 74-33-183-494 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (3) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held April 25, 1974, as corrected. 74-33-183-495 (10) Item 10 set in on opposite page 183a. 74-33-183-§96 The City Council considered reducing the annual rate for a Street Use License on North Avenue (11) P. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell v tin Yea, none voting Nay to apply the -permanent structure rate which is twice the tax yield 121�heg pro erty, to this property, and ,to reduce the annual rate on this Street Use License to .18. TP� pa st the fol�ow'ng Res�olutioI� :; St..Use Liseon Pale l b. 74-33-183-497 lenry Hune e, airman o the Pars and recreation Boar , appeare be re the City Council and (12) presented the following recommendations of the Parks and Recreation Board: a. Consider acceptance of Blocks 13 and 14, Acuff Heights Addition and Lots 1, 2, 3 and 4 (excluding the south 43' of Lot 1), Block 10, William Tubbs Addition, to be re - platted as Lot 1, Block 21, Guadalupe Addition. b. Consider reducing age requirements for golf course senior citizen rates. c. Consider an appropriation ordinance in the amount of $45,500 from Park Bond Funds to supplement GWO 10844 for swimming pool on George Woods Park. 74-33-183-498 Motion was made by Councilman West to accept Blocks 13 and 14, Accuff Heights Addition and (12a) Lots 1, 2, 3,and 4 (excluding the south 43' of Lot 1), Block 10, William Tubbs Addition, to be replatted as Lot 1, Block 21, Guadalupe Addition and that it be dedicated as a public facility. Before this motion was seconded, Councilwoman Jordan moved to amend this motion to allow the Parks and Recreation Board to -screen proposals for use. This motion died for lack of a second. Mr. Huneke stated that the Parks and Recreation Board is already set up to do this screening and has invited organizations to submit proposals for screening. After review of proposals submitted, the Parks and Recreation Board will make recommendations to the City Council. The original motion was then seconded by Councilman Campbell and carried by the following vote: Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay. 74-33-183-499 The Parks and Recreation Board recommended that the age requirements for Meadowbrook senior (12b) citizen rates be reduced from 65 to 62 years of age. After consideration of all information presented, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to accept this recommendation and reduce the age requirements for golf course senior citizens from 65 to 62 years of age. �— 74-33-183-500 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (12c) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 6892 on first reading. ORDINANCE NO. 6892 AN APPROPRJ-ATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds f6r an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: PARK BOND FUNDS The sum $45,500.00 For the following purpose: To supplement G.W.O. 10,844 for swimming pool on George Woods Park 84 �Y 9 1974 74-33-184-501 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (13) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 6889 on second and final reading. 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. 74-33-184-502 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (14) Bass, Councilman West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 6890 on second and final 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; 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 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. 74-33-184-503 The City Council considered the passage of Ordinance No. 6766 on second and final reading. (15) Jan Fouts appeared before the City Council requesting that this item be continued until the May 23, 1974, City Council Meeting. After consideration of all information presented, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilman West and Councilwoman Jordan voting Yea, none voting Nay to continue the passage of this ordinance on second reading to the May 23 City Council Meeting. Councilman Campbell abstained from voting on this item. 74-33-184-504 The City Council considered the passage of Ordinance No. 6888 on second and final reading. (16) After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman West to pass Ordinance No. 6888 on second and final reading tied to the site plan as identified by the Mayor's signature and dated May 9, 1974• Before a vote was taken on this motion, Councilwoman Jordan moved to amend the original motion to include the requirement that the sign be turned off at 11:00 p.m. This motion died for lack of a second. The original motion was then voted on and carried by the following vote: Mayor Bass, Councilmen West and Campbell voting Yea, Councilwoman Jordan voting Nay. 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 "11-2" TO 11C-2" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-184-505 (17) Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting May to pass Ordinance No. 6891 on second and final 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 0 ) AND (j); BY ADDING THERETO NEW SUB-SECTIONS(e), (f), (g) AND (h) GOVERNING DRIVEWAY CONSTRUCTION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-184-506 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (18) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass the following resolution authorizing the Mayor to execute a contract, dated April 16, 1974, for crossing under the Santa Fe Railroad tracks at North University Avenue and Clovis Road (signal conduit). V MAY 9 F 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 LICENSE AGREEMENT between City of Lubbock and Atchi- son, Topeka and Santa Fe Railway Company covering underground signal cable crossing of railway at University Avenue 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 Resolutior as if fully copied herein in detail. Passed by the City Council this 9th day of May, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney SANTA FE ORIGINAL Form 1612 Standard (Approved by General Counsel) LICENSE FOR COMMUNICATION LINE ACROSS OR ALONG RAILWAY PROPERTY (Telegraph, Telephone and Similar Lines. Overhead or Underground) THIS LICENSE, made as of the 16th day of April, 1974, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called "Santa Fe"), and CITY OF LUBBOCK, a Municipal corporation (hereinafter whether one party or more called "Licensee"). Witnesseth, that the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. In consideration of the sum of One and No/100ths------------------ Dollars ($1.00) in hand paid by Licensee to Santa Fe, the receipt whereof is hereby acknowledged, and of the covenants and agreements of Licensee hereinafter set forth, and of the faithful performance by Licensee of the same, Santa Fe licenses and permits Licensee to construct, maintain and use a communication line containing a maximum of 233.3 feet of underground magnetic detector line across or along the premises of Santa Fe at or near the station of Lubbock, Lubbock County, Texas the location of said communication line being more particularly shown in red coloring upon the print hereto attached; No. DEOA-9396 dated April 16, 1974 marked "Exhibit A," and made a part hereof, For convenience, the said communication line, with all conductors and their supporting or containing structures, in so far as they relate to said communication line upon said premises, is hereinafter called the "Communication Line". 2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Communication Line in strict accordance with the Specifications, for the time current, for Communication Lines across or Jong railway property, adopted by the Telegraph and Telephone Section of the Association of American Railroads, or any successor agency, except where by statute or order of competent public authority a different type of construction or a different degree of maintenance is required or permitted, in which case such construction or maintenance shall be in struct accordance with such statute or order; provided, however, all materials and workmanship employed in the construction and maintenance of the Communication Line shall be subject to the approval of Santa Fe. 3. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles and will at all times keep the space around such poles free of such material, and if removal of such combustible material shall not be attended to within fifteen (15) days after having been requested by Santa Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reimburse Santa Fe for the expense so in- curred. 4. During construction and while repairing, renewing or..changing the Communication Line, Licensee shall exercise utmost and extraordinary diligence to the end that no damage shall occur to the property of Santa Fe, and that there shall be no interference with the operation of its railroad. Upon completion of the Communication Line or after the making of any changes, repairs or renewals, Licensee shall, at Licensee's own cost, restore said premises to their former state; and Licensee shall, within fifteen (15) days after receipt of bill therefor, pay to Santa Fe the entire cost incurred in employing watchmen or such other means of protection as in the judgment of Santa Fe may be required during the construction, maintenance, repair, renewal or changing of the Communication Line. 5. If at any time during the term hereof, Santa Fe shall desire to make any use of its property with which the Communication Line will in any way interfere, including the relocation of existing or the construction of new lines of poles, wires, conduits and other facilities in which it shall have an interest, Licensee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Santa Fe to such effect, may such changes in -'the Communication Line as in the judgment of Santa Fe may be necessary to avoid interference with the proposed use of its property. 6. Santa Fe shall have the right, at its election, itself to construct the Communication Line, and at any time to make such repairs, renewals or changes therein as it may deem neces- sary or desirable, and in the event Santa Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the cost, as estimated by Santa Fe, of such construction, repair, 1b6 r 9 1974 renewal or change. If the actual cost incurred by Santa Fe in performing such work shall prove more or less than the amount so advanced, the difference shall be promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa Fe may, at its election, advance the necessary moneys to cover such cost and, in that case, Licensee agrees promptly upon demand to pay to Santa Fe all sums so advanced, with interest. 7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies _ operating over its tracks against, and shall pay in full, all loss, damage or expense that they, or any of them, may sustain, incur or become liable for, resulting in any manner from the construc- tion, maintenance, use, state of repair, or presence of the Communication Line upon said premises, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. Upon request of Santa Fe, Licensee shall assume the defense of any suit or action brought against the Santa Fe alleging any claim for loss or damage hereunder, and shall discharge all -liability therefor. S. Since this license is made in part for the benefit of other companies operating over Santa Fe tracks, any of said companies may sue to enforce the provisions hereof, either jointly or servally, as their interests may be joint or several. None of said companies nor Santa Fe shall be liable for any damage, howsoever cause, to the Communication Line, whether due to negligence or otherwise. 9. If Licensee shall at any time fail or refuse to comply with or carry out any of the cov- enants herein continued, and such failure or refusal shalt continue for a period of thirty (30) days after written demand for such performance or compliance shall have been made upon Licensee by Santa Fe, Santa Fe may, at its election, without notice, forthwith revoke this license, and in case of such election, or upon any termination hereof, Licensee shall, upon request, forthwith remove the Communication Line and restore said premises to the condition in which they were prior to the construction of said Communication Line. In case Licensee shall fail to make such removal or restoration within thirty (30) days, Santa Fe may proceed with such work, and Licensee shall promptly repay to Santa Fe the cost thereof. No waiver by Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or held to be a waiver of the right to terminate the same for any subsequent default or defaults, but notwith- standing such waiver Santa Fe may terminate this license upon any subsequent default or defaults which may occur; nor shall any termination or revocation hereof release Licensee from any lia- bility or obligation hereunder, whether or indemnity or otherwise, resulting from any acts, omis- sions or events happening prior to the date of termination or such later date when the Communi- cation Line may be removed and said premises restored as hereinabove provided. 10. Licensee shall at all times, at Licensee's own cost, maintain the most effective system and use the best known and most effective methods to protect the lines, wires, and service of Santa Fe and of any licensee of Santa Fe whose permission to use said premises antedates the license and permission herein to Licensee, from interference and physical hazard, and if necessary in order to prevent such interference or hazard, Licensee shall, at Licensee's own cost, trans- pose Licensee's circuits or make such changes in the construction or location of the Communication Line as may be specified by Santa Fe. 11. In case of the eviction of Licensee by any one owning or claiming title to or any in- terest in said premises or any part thereof, Santa Fe shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any moneys paid hereunder. 12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be pro- perly served if the same be deposited in the United States mail, postage prepaid, addressed to Licensee at P. 0. Box 2000, Lubbock, Texas 79457• Any notice to be given by Licensee to Santa Fe hereunder shall be deemed to be properly served if it be deposited the United States mail, postage prepaid, addressed to Santa Fe's Division Superintendent at 900 Polk Street, Amarillo, Texas 79171. 13. In the event Licensee herein consists of two or more parties, all the covenants and agreements of Licensee herein contained shall constitute the joint and several convenants and agreements of such parties. 14. This license may be terminated by either party hereto upon one (1) months' notice in writing to be served upon the other party, stating therein the day of the month that such ter- mination will take place; and upon the expiration of the time specified in such notice, this license, and all rights and privileges of the Licensee thereunder, shall absolutely cease. This License shall terminate in any event immediately upon the death of the Licensee, if the sole Licensee is an individual. 15. This license shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns; provided, however, no assignment hereof by Licensee, Licensee's legal representatives, successors or assigns, nor any subsequent assignee, shall be binding upon Santa Fe without the written consent of Santa Fe in each instance, and at the option of Santa Fe this license shall be forfeited by any such voluntary assignment of by any assignment thereof by operation of law. IN WITNESS WHEREOF, the parties have executed this license in duplicate as of the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY Approved: As to Description: By /s/ L. C. May /s/ C. G. Kehon Its Superintendent For AGM -Engineering CITY OF LUBBOCK -it MAY 9 ' As to Specifications: By /s/ ROY BASS, MAYOR /s/ J. H. Mail Superintendent of Communications 74-33-187-507 The City Council considered a resolution accepting the provisions of State Highway Commission (19) Minute Order No. 68512 (U.S. 87 improvements from Spur 326 to 45th Street). Bill McDaniel, Director of Traffic, appeared before the City Council and called attention to Item 3 of this Minute Order which reads as follows: "Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic, prohibit all parking and prevent en- croachment on the right-of-way, all in accordance with governing policies and regulations of the Department." Mr. McDaniel also pointed out that the enforcement of the traffic code as to the maneuvering of tro6ks off Avenue A between 20th Street and 34th Street will also be required by the City. After consideration of all information presented, motion was made by Councilwoman Jordan, second- ed by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell vot- ing Yea, none voting May to pass the following resolution accepting the provisions of State Highway Commission Minute Order No. 68512, and to authorize a budget supplement in the amount of $11,000 from unappropriated surplus funds to Street Lighting Bond Fund for street lighting. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acting through its duly elected City Council does hereby accept the provisions containned in Minute Order No. 68512 passed by the State Highway Commission of the State of Texas on March 7, 1974, for the improvement by the Texas Highway Department of the roads described as on U. S. Highway 87 from Spur 326 to 45th Street, a distance of 4.1 miles, and the City of Lubbock hereby agrees to the provisions of said Minutes Order No. 68512, the provisions of which Minute Order are hereby incorporated herein by reference and made a part hereof as if fully copied herein in detail in this place. Upon motion by the City Council Member Carolyn Jordan seconded by Council Member Bryce Campbell , this Resolution was duly passed on the 9th day of May , 1974 , by the following vote: Council Members voting "aye": Mayor Roy Bass, Councilmen Dirk West, Carolyn Jordan, T Bryce Campbell,_________ Council Members voting "no": ATTEST: NONE /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney MINUTE ORDER Lubbock County District No. 5 /s/ ROY BASS, MAYOR WHEREAS, in LUBBOCK COUNTY on U. S. HIGHWAY 87, the City of Lubbock has requested assistance in the widening of pavement including incidental items thereto from Spur 326 to 45th Street, a distance of approximately 4.1 miles; and WHEREAS, an analysis of the request indicates that such work will materially add to traffic safety on this facility; P_ NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Lubbock: Provided the City Will: 1. Provide for the adjustment of utilities, the construction of curb and gutter where none now exist, etc., all as may be necessary for a complete project with the ex- ception of pavement and its support. 2. Assume responsibility for the construction of driveways and sidewalks where none now exist should they be deemed necessary now or in the future and agree to make such installations in accordance with governing policies and regulations of the De- partment. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic, prohibit all parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. The Texas Highway Department will: • • !► W AY 9 1974 1. Provide for widening pavement and its support within these limits. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. It is understood that the responsibility of the Texas Highway Department is confined to the pavement and its support, and all other features necessary now or in the future to provide an adequate travel facility shall be the responsibility of the City of Lubbock. Upon acceptance of the provisions of this Order by the apporpriate officials of the City of Lubbock, the State Highway Engineer is directed to proceed with development of plans for cons- truction and after the City has fulfilled its responsibilities, proceed with construction in the most feasible and economical manner, financing the cost as presently authorized in the 1975- 1977 Consolidated Highway Program. It is understood that the City may discharge its construction obligations as outlined herein in any manner as they may elect. In the event the City desires the Stateto include their portion of the work in the State's construction contract, the State Highway Engineer is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Lubbock and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Submitted by: Examined and recommended by: Program Engineer Assistant State Highway Engineer Approved State Highway Engineer Approved: Commissioner Minute Number 68512 Commissioner Date Passed March 7, 1974 Commissioner 74-33-188-508 The City Council considered a traffic control design for 82nd Street and Indiana Avenue and 82nd (20) Street and University Avenue. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to approve a traffic control design for 82nd Street and Indiana Avenue and 82nd Street and University Avenue which includes 600' concrete medians on all four approaches at these two intersections,_also roviding each way, three straight -ahead lanes, one left -turn storage lane and one right turn (pane. 74-33-188-509 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (21) Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 6893 on first reading. ORDINANCE NO. 6893 AN ORDINANCE OF THE CITY OF LUBBOCK APPROVING THE URBAN RENEWAL PLAN AND THE FEASIBILITY OF RELOCATION FOR NEIGHBORHOOD DEVELOPMENT PROGRAM NO. TEX A-14(C) FOURTH ACTION YEAR, PHASE II 74-33-188-510 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (22) Councilmen West, Jordan and Campbell voting Yea, none voting Nay that the following resolution be passed. Nnkrii111`iire] M, 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 Cooperation Agreement between the City of Lubbock and the Urban Renewal Agency of the City oFLubbock, Lubbock County, Texas, for the Neighborhood Develop- ment Program, 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 Council Council this 9th day of May, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Li COOPERATION AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK WITH RESPECT TO NEIGHBORHOOD DEVELOPMENT PROGRAM TEX-A-14(C) ACTION YEAR IV, PHASE 11 - JULY 1, 1974 TO JULY 1, 1975 MAY 9 This Agreement made and entered into by and between the Urban Renewal Agency of the City of Lubbock (hereinafter called "Agency") and the City of Lubbock, a municipal corporation (hereinafter called "City"), 171kQ1*S11*I'll 1A WHEREAS, the Agency is a public body corporate and politic, created by the Urban Renewal Law of the State of Texas (Article 1269L-3, R.C.S. of Texas) and is transacting business and exercising the powers granted by said law; and WHEREAS, the Agency proposes with the aid and cooperation of the City to undertake and carry out a Neighborhood Development Program in the City (hereinafter called the Project) in accordance with the Urban Renewal Plan therefor approved by the Council of said City, the effective date of such approval being and pursuant to the provisions of said Urban Renewal Law of Texas; and WHEREAS, the Agency proposes, in carrying out the Urban Renewal Plan for said Project, to acquire that property and improvements as provided in and by said Urban Renewal Plan; and WHEREAS, the Agency proposes to enter into a loan and grant contract with the Secretary o• the Department of Housing and Urban Development, an Agency of the United States of America, providing for financial assistance pursuant to Title I of the Housing Act of 1949, as amended, for the acquisition, clearance, preparation for sale, and disposition of parcels within said project in the sum of: 1. A loan or loans in an amount sufficient to enable it to defray the gross cost of the project, but in the amount of at least $7,270,236.00. 2. A project capital grant in the amount of at least $6,086,375.00. 3• A rehabilitation grant in the amount of at least $340,000.00. WHEREAS, the City desires to provide "Local Grants, -in -Aid" in connection with said Projec- NOW, THEREFORE, the Agency and the City agree as follows: 1. The Agency agrees to proceed diligently and forthwith with all necessary action, work, and undertakings to carry out the proposed and approved Urban Renewal Plan in the Project Area, a description of which is attached hereto and marked as "Exhibit 1", and to carry out and fulfill the proposed Loan and Grant Contract between it and the United States of America, acting by and through the Secretary of the Department of Housing and Urban Development, such Project being identified as the Neighborhood Development Program, No. TEX-A 14(C), situated in the City of Lubbock, Lubbock County Texas. 2. The City agrees to provide "Local Grants -in -Aid" in at least the amount of $3,032,687 and to cooperate otherwise in the undertaking and completion of said Neighborhood Development Program, including the proposed park redevelopment during the Fourth Action Year, and to take such action as may be required to vacate streets, alleys, and utility and drainage easements; to accept dedication of other areas for streets, alleys, parks, and utility and drainage easements as may be necessary and proposed in the Urban Renewal Plan for said Urban Renewal Project; to decicate such areas for public rights -of -way as may be necessary and proposed in the Urban Renewal Plan for said Urban Renewal Project; and to zone and re -zone the Project properties in accorda with said Urban Renewal Plan therefor so far as the City may legally do so. 3. The City recognizes that, under Federal law, the locality must provide one-third (1/3 of net costs of Projects and hereby agrees, as far as it is able within its charter and applicable laws, to contribute cash or non -cash grants-in-aid in such additional amount or amounts as shall be required from time to time in order to make it possible for the Urban Renewal Agency of the City of Lubbock to earn the full capital grant in Federal Funds in connection with such project. 4. The Agency agrees to develop the land designated upon the attached "Exhibit All as Parcel 6A-7-3 into a park facility which will contain elements of and function as a Neighborhood Park. The Agency agrees to dedicate to the City of Lubbock and the City of Lubbock agrees to accept all of the said Parcel 6A-7-3 as designated on Land Disposition Map attached hereto as "Exhibit A1°. 5. The City of Lubbock agrees to maintain and repair all public facilities or improve- ments which the Agency may provide in the park areas under the terms of the agree- ment, as well as those the City may provide in the areas, and any other public facili ties or improvements which may be located or constructed in the park areas, in the same manner and to the same extent that facilities and improvements located in other areas of the City of Lubbock are maintained and repaired by the City. If there are no similar facilities, the City agrees to maintain and repair such facilities or improvements to the extent in any manner (1) necessary to prevent deterioration, (2) conducive to the preservation of aesthetic beauty, sightliness, and desirability, (3) consistent with safe, pleasant use by the public of such facilities and improve- ments. 6. The Agency agrees to sell to the City and the City agrees to purchase all of Parcels 6A-7-1, 6A-9-1, 6C-1-1, and 6C-18-1 as designated for public reuse on the Land Dis- position Map attached hereto as "Exhibit A" of which the total estimated disposition price is $51,651.00; however, the actual purchase price shall be that determined by two independent appraisals. The Agency agrees to convey all such parcels by a genera 190 r 9 1974 warranty deed after purchase, demolition, and clearance by the Agency. When these parcels of land are made available to the City for redevelopment in accordance with the Plan, the City agrees to enter into a Redevelopment Contract which will contain all the required convenants and restrictions necessary to comply with the Housing Act of 1949, as amended. 7. The City of Lubbock recognizes that Title VI of the Civil Rights Act of 1964 and the regulations and policies of the Department of Housing and Urban Development effectuat- ing said Title prohibit discrimination on the grounds of race, color, religion, sex, or national origin in the policies and practices of any public facility, educational institutions, or hospital responsible for proposed credit to the Locality's share of the cost of any urban renewal project receiving financial assistance from the United States and certifies to the Secretary of the Department of Housing and Urban Develop- ment that the facilities described in Paragraph No. 3 hereof, as well as any other facility which may be in any way owned, operated, or sponsored by the City, will be available to and serve all persons without regard to race, color, religion, sex, or national origin. 8. The City of Lubbock hereby agrees to accept from the Agency all parcels or portions of parcels of land as designated on the Land Disposition Map attached hereto as "Exhibit A" in dedication for public Right -of -Way for purposes of street reconstruction or widening. EXECUTED IN DUPLICATE on this the 9th day of May, 1974. kud*tlp /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM AND LEGALITY: /s/ Fred 0. Senter, Jr., City Attorney ATTEST: /s/ H. 0. Alderson, Secretary CITY OF LUBBOCK By /s/ ROY BASS, MAYOR URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK By /s/ Jimmy R. Price, Chairman of Brd BOUNDARY DESCRIPTION LUBBOCK NEIGHBORHOOD DEVELOPMENT PROGRAM EXHIBIT 1 BEGINNING at the Southeast corner of the intersection of East 19th Street and Avenue A. THENCE in a Northerly direction along the East Right -of -Way line of Avenue A to a point of intersection with the east right -of way line of Amarillo Road; THENCE in a Northwesterly direction along the east right-of-way line of Amarillo:.Road to a point on the South right-of-way line of Erskine Street; THENCE in a easterly direction along the south right-of-way line of Erskine Street to a point on the west right-of-way line of Ash Street; THENCE southerly along the west right-of-way line of Ash Street to a point on the south right- of-way line of Grinnell Street (if extended in an easterly direction); THENCE in an easterly direction along Grinnell Street (if extended in an easterly direction) to a point on the east right-of-way line of Birch Street; THENCE in a northerly direction along the east right-of-way line of Birch Street to a point on the north right-of-way line of the highway designated Loop 289; THENCE in an easterly direction along the north right-of-way line of the highway designated Loop 289 to a point on the east right-of-way line of Quirt Ave.; THENCE in a northerly direction along the east right-of-way line of Quirt Avenue to a point on the north right-of-way line of Ursuline Street; THENCE in a westerly direction along the north right-of-way line of Ursuline Street to a point on the east right-of-way line of North Ash Avenue; THENCE in a northerly direction along the east right-of-way line of North Ash Avenue to a point of intersection with the East right-of-way line of Armarillo Road; THENCE in a Northerly direction along the east right-of-way line of Armarillo Road to a point on the south -right-of-way line of Kent Street; THENCE in an easterly direction on the south right-of-way line of Kent Street to a point on the East right-of-way linecf Quirt Avenue; THENCE in a northerly direction on the east right-of-way line of Quirt Avenue to a point on [I] 11 1c MAY 9 on the south right-of-way line of Regis Street; THENCE in a westerly direction on the south right-of-way line of Regis Street to a point on the west right-of-way line of Amarillo Road; THENCE in a southerly direction on the west right-of-way line of Amarillo Road to a point on the north right-of-way line of Yucca Street; THENCE in a westerly direction along the north right-of-way line of Yucca Street to a point on the west right-of-way line of Manioca Road; 4 THENCE in a southerly direction along the west right-of-way line of Manioca Road to a point on the north right-of-way line of Bradley Street; THENCE in a westerly direction along the north right-of-way line of Bradley Street to a point c the west right-of-way line of north Cypress Street; THENCE in a sDutherly direction along the west right-of-way line of North Cypress Street to a point on the north right-of-way line of Wabash Street (if extended westerly); THENCE in a westerly direction along the north right-of-way line of Wabash Street (if extended westerly) to a point on the west right-of-way line of North Texas; THENCE in a southerly direction on the west right-of-way line of North Texas to a point on the south right-of-way line of the highway designated Loop 289; THENCE in a northwesterly direction along the south right-of-way line of the highway designates Loop 289 to a point intersection with the rear property line of those properties abutting the west right-of-way line of North Cypress Street. THENCE in a southerly direction along the rear property line of those properties abutting the west right-of-way line of North Cypress Street to a point on the south right-of-way line of Marshall Street (if extended in an easterly direction); THENCE in an easterly direction alongthe south right-of-way line of Marshall Street (if ex- tended in an easterly direction) to a point on the west right -of --way line of North Drieve; THENCE in a southerly direction along the west right-of-way line of North Drive to a point where the rear property line of those properties abutting the north right-of-way line of Kempe Street would intersect with the west right-of-way line of North Drive; THENCE in a westerly direction along the rear property line of those properties abutting the north right-of-way line of Kemper Street to a point on the west right-of-way line of Avenue `J. THENCE in a southerly direction along the west right-of-way line of Avenue N to a point on the north right-of-way line of Erskine Street; THENCE in a westerly direction along the north right-of-way line -of Erskine Street to a point 305.5 feet west of the west right-of-way line of Avenue "U"; THENCE in a northerly direction a distance of 250 feet to a,point; THENCE in a westerly direction a distance of 320 feet to a point; THENCE in a northwesterly direction a distance of 200 feet to a point; THENCE in a westerly direction a distance of 126.8 feet to a point; THENCE in a southerly direction to a point in the south right-of-way line of Erskine Street; THENCE in a westerly direction along the south right-of-way line of Erskine Street to a point on the west right-of-way line of Vernon Avenue (if extended in a northerly direction); THHJCE in a southerly direction along the west right-of-way line of Vernon Avenue (if extended in a northerly direction) to a point where Vernon Avenue (if extended in a northerly direction would intersect -with the north righrof-way line of Clovis Road; THENCE in a northwesterly direction along the north right-of-way line of Clovis Road to a point on the west right-of-way line of Indiana Avenue; THENCE in a southerly direction along the west right-of-way line of Indiana Avenue,to a point on the south right-of-way line of 4th Street; THENCE in an easterly direction along the south right-of-way line of 4th Street to a point on the west right-of-way line of the AT & SF Railway; THENCE in a northeasterly direction along the south right-of-way line of the AT & SF Railway to a point on the west right-of-way line of University Avenue; THENCE in a southerly direction along the west right-of-way line of University Avenue to a point on the south right-of-way line of 19th Street; THENCE in an easterly direction along the south right-of-way line of 19th Street to a point of beginning, and containing approximately 4139.7 acres. 92 9 1974 BOUNDARY DESCRIPTION EXCLUDED AREA (MEMORIAL CIVIC CENTER AREA) OF LUBBOCK NEIGHBORHOOD DEVELOPMENT PROGRAM BEGINNING at a point where the west right-of-way line of Avenue K intersects with the north right- of-way line of loth Street; THENCE in a northerly direction along the west right-of-way line of Avenue K to a point on the south right-of-way line of 4th Street; THENCE in a westerly direction along the south right-of-way line of 4th Street to a point on the east right-of-way line of Avenue Q; ! THENCE in a southerly direction along the east right-of-way line of Avenue Q to a point on the I north right-of-way line of loth Street; THENCE in an easterly direction along the north right -of --way line of loth Street to the point of �I beginning, and containing approximately 97.7 acres. i 74-33-192-511 Motion was «ade by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (23) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to approve Change Order No. 2 to Kerr Construction Co., Inc., (Paving Contract (GWO 10826) for addition of concrete medians located in the intersection of Indiana Avenue and 82nd Street. CHANGE ORDER NO. 2 1973 Street Paving Improvements G.W.O. 10,826 TO: KERR CONSTRUCTION COMPANY P. 0. Box 888 Lubbock, Texas Gentlemen: WHEREAS, it is desirable to make changes in the plans and specifications for this project, being namely the addit-ion of the following unit to this program: 2234-11 Original Amount of Contract Increased by Change Order No. 1 Increased by Change Order No. 2 Total Amount of Contract $538,972.51 9,164.23 10,628.30 55 ,7 5.0 THIS AGREEMENT WITNESSETH:. In consideration of the mutual advantages gained, the Owner and the Contractor agree to the Change shown herein and in the revised plans; the Owner agrees to pay the Contractor the amount of the increase in cash; and the Contractor agrees to proceed with construction and to adhere to applicable Specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and Contractor shall be modified to the extent herein indicated, including one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 9th day of May, 1974. By /s/ Ken Hancock Kerr Construction Company By: /s/ROY BASS, MAYOR KERR CONSTRUCTION COMPANY Contractor CITY OF LUBBOCK OWNER RECOMMENDED FOR APPROVAL: /s/ Wilford D. Watson, City Engineer COST ESTIMATE Title President ATTEST: /s/ Treva Phillips City Secretary - Treasurer /s/ N. B. McCullough, City Manager Four (4) medians at the intersection of 82nd Street and Indiana Avenue; each median being 4' in width by 600' in length; the medians shall begin at the intersection and extend a distance of 6001, one median in each direction. ITEM 10. Concrete median, complete in place, per square yard QUANTITY 1066.67 S.Y. TOTAL CHANGE ORDER NO. 2 UNIT PRICE AMOUNT $9.40 $10,628.30 $10,628.30 74-33-192-512 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (24) Bass, Councilmen West, Jordan, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6894 on first reading. I I MAY ORDINANCE NO. 6894 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 $10,628.30 For the following purpose: Addition of 4' wide concrete medians to be located in the inter- section of Indiana Avenue and 82rd Street (Change Order #2 to G.W.O. 10,826) 74-33-193-513 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (25) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 6895 on first reading. ORDINANCE N0. 6895 AN APPROPRIATION ORDINANCE WHEREAS,the City Council of the City of Lubbock finds it is necessary to apporpriate 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 $64,000.00 For the following purpose: Construct 12 inch water line from Quaker Avenue to 4th Street along Loop 289 to loop in west system. 74-33-193-514 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (26) Mayor Bass, Councilmen West, Jordan, and Campbell voting Yea, none voting Nay to pass Ordinan No. 6896 on first reading. ORDINANCE NO. 6896 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF DRAINAGE AND UTILITY EASEMENT IN LOT 4, VILLA WEST ADDITION AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SUCH UTILITY AND DRAINAGE EASEMENT. 74-33-193-515 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayc (27) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 6897 on first reading. ORDINANCE NO. 6897- AN ORDINANCE ABANDONING AND CLOSING A GARBAGE AND UTILITY EASEMENT IN AND ON LOTS 112 AND 113, TOWN WEST ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE MAYOR TO QUIT CLAIM SAME TO FLAGG HOMES, INC; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO SUCH EFFECT; AND PROVIDING FOR PUBLICATIC 74-33-193-516 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried,Mayor (28) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to accept the deed to Lot 7, Block 2, Sunlawn Addition from Nolen Jackie Praytor and Susan Kay Proytor, owners, and accept the deed to Lot 8, Block 2, Sunlawn Addition from Forrest Lumber Co., owner, for t 74-33-193-517 purposes. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayc (29) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 6898 on first reading. ORDINANCE NO. 6698 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS: A PORTION OF SECOND (2nd) STREET BETWEEN L AND M AVENUES IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE CITY ENGINEER IF TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-193-518 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (30) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting May that the following resolution be passed. R FSnl 1'IT 1 nN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 94 9 197A 33-194-519 (31) THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an AGREEMENT between the City of Lubbock and the State of Texas, acting through the Texas Highway Department covering a Highway Standard Utility Agreement for Relocation of Power Lines in 1-27 Right -of -Way, Project 1-27-7 (5) 308 attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of May, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Standard Utility Agreement Set in page 194a. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance Nb. 6899 on first reading. ORDINANCE NO. 6899 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADD- ING THERETO A NEW ARTICLE III ENTITLED "TAX BOARD OF EQUALIZATION"; PROVIDING FOR APPOINTMENT OF MEMBERS; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES OF SUCH BOARD MEMBERS; PROVIDING FOR SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 33-194-920 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (32) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay that the following joint City -County Resolution be passed to designate the Sterring Committee of Lubbock Urban Transporta- tion Study Group as the Metropolitan Planning Organization for Urban Transportation Planning. JOINT RESOLUTION WHEREAS, the City of Lubbock and Lubbock County have been engaged in extensive studies of the transportation problems and the transportation needs of the City of Lubbock, the County of Lubbock and the Lubbock area; and, WHEREAS, the Lubbock Urban Transportation Study Group, established by the two governing bodies has worked in close cooperation with the Texas Highway Department and officials, local citizens, industries and businesses of the Lubbock area to determine transportation needs and plan for possible improvements; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COMMISSIONERS COURT OF LUBBOCK COUNTY: THAT the Governor of the State of Texas, the Honorable Dolph Briscoe, BE and is hereby requested to designate the Steering Committee of the Lubbock Urban Transportation Study Group as the planning organization for transportation development in the Lubbock area. Passed by the City Council this 9th day of May, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Passed by the Commissioners Court of Lubbock County, Texas this day of May, 1974. ATTEST: RODRICK SHAW, COUNTY JUDGE Frank Guess, County Clerk APPROVED: Alton Griffin, Criminal District Attorney -33-194-521 The City Council considered naming the 19th Street library. After consideration of all information (33) presented, it was unanimously agreed by the City Council b refer this item back to the Library Board to have them look into the legal aspects of naming this branch library. El MA � _ Texas Highway Department i Form D-15-35 Page 1 of 5 Rev. 11- 73 L Ll- L 1k COUNTY LUB30CK PROJECT I-e'-7-7(5)308 HIGHWAY I-27 Utility Manual TEXAS HIGHWAY DEPARTMENT STANDARD UTILITY AGREEMENT ACCOUNT NO. AGREEMENT NO. -3- PARTY OF THE FIRST PART: State of Texas, acting by and through the Texas Highway Department, hereinafter called the STATE. PARTY OF THE SECOND PART. CITY OF LUBBOCK, TEXAS • hereinafter called the OWNER, acting by and through its duly authorized representative. WHEREAS, the STATE has deemed it necessary to make certain highway improvements on the Interstate System as designated by the State and approved by the Federal Highway �du I istration generally described as follows: Count LUBBOCK Highway f ��!! located from LOOP 2 9 NORTH OF �' �, EXAS to . r I L i U yNmAf.1101: and WHEREAS, the STATE will participate in the costs of relocating and adjusting c.:rtain facilities to the extent as may be eligible for State participation under Art. 6674w-4, V.A.C.S., and which costs are eligible for Federal participation; and WHEREAS, the STATE will request Federal participation in payment of the costs incurred in the adjusting of OWNER'S facilities under the provisions of Policy and Procedure Memorandum 30-4, issued by the U. S. Department of Transportation Federal Highway Administration on June 29, 1973, and amendments thereto, and r WHEREAS, execution by the State will constitute approval for the Federal Highway Administration under authority of Paragraph 16 of Policy and Procedure Memorandum 30-4, and W11EREAS, this proposed highway improvement will necessitate the relocation or adjust- ment of certain facilities of OWNER as indicated in the following statement of work: -: E '•'_.Cif I r APP ROXI;-ATELY 11,037 FEET OF D,?EE PHASES 1 L,470 'JOLT OVER:EAD & PRINARY ELECTRIC DISTRIGLITI0"4. and such work is shown in more detFii in Owner's Preliminary Plans, specifications and cost estimates which are attached hereto and made a part hereof, and which are ore.pared in form and manner required by Policy and Procedure Memorandum 30-4, and r•ndments thereto, and , F:`1' COST - .1 w 1111 -- $50,390.85 PLATE 21 Sheet 1 of 5 P 195 MAY 9 1974 74-33-195-522 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (34) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to authorize Change Order No. 1 to Kerr Construction Company for emergency repairs on airport apron. CHANGE ORDER NO. 1 GENERAL AVIATION HANGAR PAVEMENT LUBBOCK REGIONAL AIRPORT A.W.O. 200 May 9, 1974 TO: KERR CONSTRUCTION CO. P. 0. Box 888 Lubbock, Texas 79408 Original Amount of Contract --------------------------- $21,230.00 Change Order No. 1---------------------------------- (ADD) 6,080.00 Adjusted Contract Price-------------- 37,310.00 Adjustment in Construction Time 10 Days WHEREAS, it is desirable to make certain changes in the work included in this project: THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, tke Owner and the Contractor agree to the change indicated below and further agree that the amount of the contract shall be adjusted by the amount shown above. 1. Overlay approx'imatelyr8,000}square,yards of. -the exiisting commercial aircraft parking ,apron, with variable thickness, 0 inches to 21 inches, of asphaltic concrete surfacing at a unit price of,$16:00 per ton.. The estimated quantity of asphalt concrete re- quired is 380 tons. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 9th dayofMay,1974------------------------------------------------------------------------------- -- - RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By /s/ H. Bennett Reaves, President, May 9, 1974 APPROVED: KERR CONSTRUCTION COMPANY, Contractor By /s/ (not readable), President, May 9, 1974 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By /s/ ROY BASS, Mayor, May 9, 1974 ATTEST: /s/ Treva Phillips, City Secretary -Treasurer 74-33-195-523 The following bids were received for the construction of a community building for Copper Raw- (35) lings Park, being Bid No. 2865. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to accept the bid of Jack Nelson Enterprises for the construction of a community building for Copper Rawlings Park. 74-33-195-524 The following bids were received for the purchase of oil circuit breakers for Holly Plant (36) and Slaton Substation, being Bid No. 2871. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to accept the bid of Westinghouse Electric Supply Co. for the purchase of oil circuit breakers for Holly Plant and Slaton Substation. 74-33-195-525 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Ordinance No. (37) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass 6900 on first reading. ORDINANCE NO. 6900 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate ^, certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BD. FD. The sum $84,250.00 For the following purpose: Oil Circuit Breakers as outlined in Bid No. 2871, and labor, materials and foundations to install. M AY 9 1974 74-33-196-526 The following bids were received for the purchase of network transformers and protectors for the (38) Airport Terminal Building, being Bid No. 2872. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to accept the bid of Westinghouse Electric Supply Co. for the purchase of network trans- formers and protectors for the Airport Terminal Building. 74-33-196-527 The following bids were received to move 50-ton scales from Marshall Street and Avenue P to the (40) Sanitary Landfill, being Bid No. 2883. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to accept the bid of Norman P. Kossman for moving and installing scales at Sanitary Landfill. 74-�33-196-528 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (42) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to appoint Bud Aderton and Bill Cox to the Board of Examiners and Appeals. These terms are for six years and will expire June 1, 1980. 74-33-196-529 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, (43) Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 6901 on first reading. A. C. Black, City Fire Marshal, appeared before the City Council and recommended passage of this ordinance. ORDINANCE NO. 6901 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "PUB- LIC AMUSEMENTS", BY ADDING THERETO A NEW SECTION 26-2.1 PROVIDING FOR INSPECTION AND APPROVAL BY BUILDING AND FIRE OFFICIALS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-196-530 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (44) Councilmen West, Jordan and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the City of Lubbock BE and is hereby and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Grayson Enterprises, Inc., covering extension of time for paymentof paving assessment in return for dedication of street right-of-way on University Avenue, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of May, 1974. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney CONTRACT TO EXTEND TIME OF PAYMENT OF A PAVING ASSESSMENT LIEN AND PROVIDE FOR THE CONTINUED VALIDITY OF SUCH LIEN IN EXCHANGE FOR STREET DEDICATION This agreement made as of the 22nd day of April, 1974, by and-ibetween GRAYSON ENTERPRISES, INC., a Conporation, acting through its officers hereunto duly authorized, herein called "Gray- son" and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor, herein tailed "City", said agreement becom hg effective upon executed by both parties hereto. WITNESSETH: SECTION I - SUBJECT MATTER OF TRANSACTION The extension of time of payment of a paving assessment created by City Ordinance No. 6812 enacted February 14, 1974, and filed for record in Volume 1382, Pages 1-50 (inclusive) and particularly Page 32 therein of the Deed Records of Lubbock County, Texas. This assessment being secured by a lien to pay the cost of paving adjacent to the following described tract of land, to -wit: BEGINNING at a point, said point being 1365.00 feet North and 60.0 feet East of the South- west corner of Section 4, Block E, Lubbock County, Texas; 19 MAY J 1914 i THENCE North along a line parallel to and 60.0 feet East of the West line of said section, a distance of 731.0 feet to a point; THENCE East 150.0 feet to a point; THENCE South 746.0 feet to a point; THENCE West 135.0 feet to a point, said point being the beginning of a 15.0 foot curve to the right, the radius point of which bears North 15.0 feet, and an arc length of 23.56 feet; THENCE around said 15.0 foot curve to the right an arc length of 23.56 feet to the POINT OF BEGINNING. For and in consideration of extension of time to pay off said lien as above described and on the terms herein set forth, Grayson agrees immediately upon being requested in writing by City delivered by certified U. S. mail to Grayson Enterprises, Inc., 1403 Slocum, Dallas, Texas 75207, to execute and forward to the City a Dedication Deed (on form previously sub- mitted to it by City) dedicating a strip of land ID the City and/or the Public for use as a public street covering the following described real estate: BEGINNING at a point, said point being 660.0 feet South of the Northwest corner of the Southwest onequarter of Section 4, Block E, Lubbock County, Texas; THENCE East a distance of 60.00 feet to a point; THENCE South a distance of 615.00 feet to a point, said point being the beginning of a 15.00 foot curve whose radius point bears East a distance of 15.00 feet, having an angle of intersection of 900 00'00", a tangent length of 15.00 feet, and an arc length of 23.56 feet; THENCE around said curve to the left an arc lengh distance of 23.56 feet to a point; THENCE West a distance of 75.00 feet to a point, said point being on the West line of Section 4, Block E, Lubbock County, Texas; THENCE North a distance of 630.00 feet along the West line of said Section 4, Block E, to the POINT OF BEGINNING. If said dedication deed is not received by City within 30 days after date of this agree- ment in form suitable for recordation, then in such event this agreement may at option of Cky be declared null and void, and no longer of any force or effect. 44461181121■1 For and in-considera tion of the City of Lubbock paying for the construction of the paving adjacent and abutting the hereinabove described property Grayson, its successors and assigns as owner of such property promises and does hereby by these presents promise to pay to the City of Lubbock $6603.48 on or before the end of the sixtieth (60th) month following the acceptance of the paving improvements by the City of Lubbock; or when Grayson, its successors and assign plats for development under Article 974A, Vernon's Civil Statutes of Texas, all or any part of the real estate described as the North half of the Southwest one -quarter of Section 4, Block E, Lubbock County, Texas; or when Grayson, its successors and assigns, sells all or any part of such real estate --whichever event of said three events, shall first occur; and in any event not later than the end of said sixtieth (60th) month after acceptance of paving improvements by the City. SECTION III Should the herein above -described paving assessment of $6603.48 on the herein above - described property be paid in whole or in part later than the sixtieth 460th) month following acceptance of the paving improvements by the City of Lubbock, then the City shall charge and Grayson, its successors and assigns agrees and obligates itself to pay six percent (6%) per annum interest from and after the end of said sixtieth (60th) month on the principal amount of $6603.48 or so much thereof that remains unpaid. SECTION IV Grayson, its successors and assigns, acknowledges the existence of the paving assess- ment lien against the hereinabove described property; such assessment lien created by City Ordinance No. 6812 and filed for record in the Deed Records of Lubbock County, Texas, in Volume 1382, page 1-50 (inclusive) and particularly page 32 therein, and enacted on February 14, 1974, and further, Grayson agrees that the the hereinabove described paving assessment lien on the property described in said Ordinance shall remain valid, and this Agreement shall in no wise be construed as a waiver or release by the City of Lubbock of said lien but same shall remain as security for this agreement and have the same force and effect as though a paving certificate were issued under the terms of the above described Ordinance. Executed by the parties in duplicate originals as of the date first written in this agreement. GRAYSON ENTERPRISES, INC. BY /s/ Theodore Shanbaum, President ATTEST: /s/ Comstead, Secretary 198 N4 !,v 9 1974 BY: ROY BASS, MAYOR ATTEST: APPROVED AS TO FORM: /s/ Treva Phillips, City Secretary -Treasurer /s/ Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS X COUNTY OF DALLAS X BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared THEODORE SHANBAUM, known to me to be the person whose name is sub- scribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of GRAYSON ENTERPRISES, INC., and as PRESIDENT, for the purposes and consideration there- in expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7th day of May, 1974. /s/ Blanche M. Piines Notary Public, Dallas County, Texas THE STATE OF TEXAS X COUNTY OF LUBBOCK X BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ROY BASS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK, and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of May, 1974 Notary Public, Lubbock County, Texas 74-33-198-531 Rev. Adolphus Cleveland, of 2526 E. Auburn, appeared before the City Council requesting that the (9) City Charter be amended as follows: 1. To provide for expansion of City Council 2. Have residency requirements, assuring minority representation 3. City-wide voting on all candidates 4. ,after having passed charter amendment to expand, that the City Council be given power to appoint additional members to serve until next election in 1976. Rev. Cleveland also stated that people should be encouraged to get interested in what is going on in their City. Froy Salinas, representing LULAC, appeared before the City Council and stated that he echoed Rev. Cleveland's statements and that he would prefer candidates be elected by districts. No action was taken on this item. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUr44, ADJOURNED FROM REGULAR MEETING, May 9, 1974. �k_ ATTEST: ROY BASS, MAYOR Treva Phillips, City Se etary-Treasurer READ AND APPROVED THIS THE 23RD DAY OF MAY, 1974. An AT T T: RJOY11 3 V A—P MAYOR } i e. Treva Phillips, tity Secre ry-Treasurer