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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/23/1974203 MAt z 3 REGULAR CITY COUNCIL MEETING May 23, 1974 The City Council of the City of Lubbock, Texas, met at 9:30 a.m. in the regular meeting place at City Hail. 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 74-33-203-541 The invocation was given by Mayor Roy Bass. (1) 74-33-203-542 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 74-33-203-543 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (3) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held May 9, 1974. 74-33-203-544 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor (8) Bass, Councilman West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the request of Ron Lowry, Minister of Music for e i s B i t Ch r vnd c two J�in� 3 � td.l ��us �� ark n ftcy to loud speak ell ous folk music concerts in Mackenzie Park/. Henry une e, airman o t e arks and S�r MnIgMt,'Appeared before the City Council and presented the recommendations of the Parks and Recreation Board in regard to this request. 74-33-203-545 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (9) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6894 on second and final reading. 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 1T 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 82nd Street. (Change Order #2 to G.W.O. 10,826) 74-33-203-546 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor 0 0) Bass, Councilman West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6895 on second and final reading. ORDINANCE NO. 6895 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $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. 74-33-203-547 Motion was made by Councilman West, seconded by Councilman Campbell ,motion carried, Mayor (11) Bass, Councilman West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6900 on second and final 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 BOND 20 ullY '� 3 1974 For the following purpose: Oil Circuit Breakers as outlined in Bid No. 2871, and labor, materials and foundations to install. 74-33-204-548 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6892 on second and final reading. ORDINANCE NO. 6892 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: PARK BOND FUNDS The sum $45,500.00 For the following purpose: To supplement G.W.O. 10,844 for swimming pool on George Woods Park. 74-33-204-549 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6899 on second and final reading. ORDINANCE NO. 6899 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE III ENTITLED "TAX BOARD OF EQUALIZATION"; PROVIDING FOR APPOINT- MENT OF MEMBERS; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES OF SUCH BOARD MEMBERS; PROVIDING FOR SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-204-550 Motion was made by Councilman Campbell.,, seconded by Councilwoman Jordan, motion carried, Mayor (15) Bass, Councilman West, Jordan, Henry and Campbell voting Yea, none voting May to pass Ordinance No. 6901 on second and final reading. ORDINANCE NO. 6901 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "PUBLIC AMUSEMENTS", BY ADDING THERETO A NEW SECTION 26-2.1 PROVIDING FOR INSPECTION AND AP- PROVAL BY BUILDING AND FIRE OFFICIALS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 74-33-204-551 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (16) Bass, Councilman West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6893 on second and final reading. ORDINANCE NO. 6893 AN ORDINANCE OF THE CITY OF LUBBOCK APPROVING THE URBAN RENEWAL PLAN AND THE FEASIBILITY OF RELOCATION FOR NEIGHBORHOOD DEVELOPMENT PROGRAM NO. TEX. A-14(C) FOURTH ACTION YEAR, PHASE II. 74-33-204-552 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (17) Bas$, Councilman West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6896 on second and final 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. 74-33-204-553 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 that the follow- ing resolution be passed. RESOLUTION 0 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 Ray Eledge and V. 0. Murray, 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 23rd day of May, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer .2[)5 MAY 2 3 1974 QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the CITY OF LUBBOCK, a Home Rule Municipality, in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100($1.00) DOLLARS and other good and valuable consideration to it in hand paid by RAY SLEDGE and V.O. MURRAY, hereinafter called "Grantee", the receipt of which is hereby acknowledged does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to --wit: A portion of a 20.00 foot utility and drainage easement described as follows: The South 18.00 feet of the North 20.00 feet of Lot 4, Villa West Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, pri- vileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns. forever, so that neither the -Grantor, City of Lubbock, their -heirs, or assigns,, nor any persons claiming under it shall at any ti,me.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 23rd 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 74-33-205-554 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (19) Mayor Bass, Councilmen West, Jordan, Henry and Campbell votingYea, none voting Nay to pass Ordinance No. 6897 on second and final 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 PUBLICATION. 74-33-205-555 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion Mayor Bass, (20) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Flagg Homes, Inc., 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 23rd day of May, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fled 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100($1.00) DOLLARS and other good and valuable consideration to it in hand paid by the FLAGG HOMES, INC., a Corporation, here- inafter 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 a drainage and utility easement located in and on Lots 112 and 113, Town West Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the right, pri- vileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, their heirs, or assigns, nor 2[16 MAY y 3 1974 74-33-206-556 (21) 74-33-206-557 (22) to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 23rd 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 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. 6898 on second and final reading. ORDINANCE NO. 6898 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 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. Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Camobeil voting Yea, none voting Nay that the follow- ing resolution be passed. PrenI IlTIMI 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, 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 Council, shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd 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 QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and val- uable consideration to it in hand paid by the URBAN RENEWAL AGENCY of the City of 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 cer- tain tract or parcel of land and being situated in the County of Lubbock, State of Texas, des- cribed as follows, to -wit: Second (2nd)Street between Avenue L and Avenue M and being more particularly described by metes and bounds as follows: BEGINNING at the original Northeast corner of Lot 11, Block 7, William Tubbs Addition to the City of Lubbock, Lubbock County, Texas; THENCE West a distance of 300.00 feet to the point of intersection with the East line of Avenue M; THENCE North a distance of 60.00 feet; THENCE East a distance of 300.00 feet to the point of intersection with the West line of Avenue L; THENCE South a distance of 60.00 feet to the POINT OF BEGINNING. Ll TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and as- signs forever, so that neither the Grantor, City of Lubbock, their heirs, or assigns, nor any nersnn r.laiminn cinder it shall at anv time hereinafter. have. claim. or demand anv right to the 207a MAC 3 1974 74-33-207-560 (25) 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 addition of the following unit to this program: 2234-11 Original Amount of Contract $538,972.51 Increased by Change Order No. 1 9,164.23 Increased by Change Order No. 2 10 628.30 Total Amount of Contract $558,765.04 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 KERR CGNSTi?l CTION CO11PAWY �r (Contractor) By b ?, Title Ken Hancock _ Kerr Construction Company CITY OF LUBBOCK OWNER President BY: ATTEST: Az(' -Z a ! Roy Bas!', Mayor Treva Phillips, C iv, Secretary RECOMMENDED FOR APPROVAL: Wilford D.~Watson, City Engineer N. B. MGC. olk h, City Mana r For^i ApP'ove*, r Giry ��rvr�v 207 MAY 2 3 1974 title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 23rd day of May, 1974. /s/ ROY SASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-207-558 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (23) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting may to authorize a budget supplement in the amount of $33,125 to Zoning and Environmental Control, Account No. 10-4035-433, from Fbserve fcr:Coatingepcy_ funds for the demolition of substandard structures. Jim Bertram, Director of Planning, appeared before the City Council and explained the City's demolition program. 74-33-207-559 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Council- (24) men West, Jordan and Henry voting Yea, Mayor Bass and Councilman Campbell voting Nay, to authorize the installation of 4-way stop signs at the intersection of 52nd Street and Boston. Bill McDaniel, Director of Traffic, appeared and presented a drawing of this intersection. 74-33-207-560 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (25) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the request of Kerr Construction Co. for an extension of time on their present 1973 Paving Project, GWO 10,826 and extend the time of August 15, 1974. Change Order No. 2 set in on pg 207a. 74-33-207-561 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (26) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION WHEREAS, the City Council has heretofore determined that the City would contribute the customary city portion of the cost of street paving improvements as determined by City of Lubbock paving policy, to be constructed in accordance with .the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Stanford Street from the alley West of University Avenue to West Curb Line of Akron Avenue, have requested permission to have pavement improvements constructed on the afore- mentioned street and the paving of said street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owners of thrproperty abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $6,851.33, the total cost not over $7,262.41, and the City's share in connection therewith would not exceed $492.46, leaving the property owner's portion not to exceed $6,769.95, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair, and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $492.46 will be duly budgeted, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street herein described, provided that such plans and speci- fications meet the usual requirements for paving on street within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: Stanford Street from its intersection with a line 3.00 feet West of the West Property Line of the alley West of University Avenue to its intersection with the West Curb Line of Akron Avenue, known and designated as Sub -Unit Number 10 of Unit Number 2234. The City Engineer is further authorized and directed to duly inspect said paving construc- tion on said street and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance of such improvements by the City Council, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $81.38, which is the City's share ($492.46 less $411.08 engineering) leaving the amount due the Contractor from the property owners not to exceed $6,769.95. Section 2. This authority is conditioned that the owners of abutting property and the Contractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any cost, claims, or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the Contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated 20 0 g 2 3 1974 74-33-208-562 (27) herein shall be a permanent part of said street and the property of the City of Lubbock, with- out any liability whatsoever , except for the payment of a sum of $81.38 to the Contractor. On motion of Councilwoman Jordan, seconded by Councilman West, the foregoing resolution was unanimously passed by the City Council this 23rd day of May, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary The owners of abutting property on the abovementioned street, and Lubbock Asphalt Products, Inc., Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerations therein stated. North Side by /s/ Lewis Murfee $3384.97 /s/Walter V. Jarnagin, President Lots 26 and 27 Canyon Addition by /s/ Van White $3384.98 /s/ Waiter V. Jarnagin, President Lubbock Asphalt Products, Inc. APPROVED: /s/ Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a SUBORDINATION AGREEMENT, whereby the City agrees to sub- ordinate its paving lien to a new Deed of Trust lien between Frank Reyna and Manuel and Ynes Andrade, 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 23rd day of May, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS X COUNTY OF LUBBOCK X /s/ ROY BASS, MAYOR SUBORDINATION AGREEMENT WHEREAS, on the loth day of April, 1965, the City of Lubbock passed Paving Ordinanee, such instrument being recorded in Volume 1034, Page 347, Deed Records, Lubbock County, Texas such Ordinance conInuing a notice of improvements and apportionment of costs of such improvements by assessing a lien upon the property abutting thereon, and in such Ordinance there was included pavings assessments for Paving Unit No. 2131, Subunit No. 18, said assessment being in the amount of $505.45; and WHEREAS, Frank Reyna holds a Deed of Trust note dated in the amount of $8,000.00, said note being secured by a Deed of Trust of even date iberewith, being executed by Manuel Andrade et ux Ynes Andrade, WHEREAS, theabove described liens are liens upon the hereinafter described property situated in Lubbock County, Texas, to -wit: Lots Fourteen (14) and Fifteen (15), Block Three (3), F. R. Friend's Addition to the City of Lubbock, Lubbock County, Texas. NOW, THEREFORE, MOW ALL MEN BY THESE PRESENTS, Ill consideration of Ten and No/100 ($10.00) Dollars, the City of Lubbock, present holder of said lien, does hereby declare and agree that said Paving Lien dated April 14, 1965, in the amount of $505.45 and Ming recorded in Volume 1034, Page 347, Deed Records, Lubbock County, Texas, shall be and the same is hereby made subordinate, subject and inferior to the said Deed of Trust lien in the amount of $8,000.00, dated and being executed by Manuel Andrade et ux Ynes Andrade to Frank Reyna. EXECUTED THIS THE 23rd day of May, 1974. CITY OF LUBBOCK BY:/s/ ROY BASS, MAYOR ATTEST: pis/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney MAY ? 3 197z 74-33-209-563 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (28) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6907 on first reading. ORDINANCE NO. 6907 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: Theee is hereby appropriated out of the following describedinnd fund, to -wit: WATER CAPITAL PROJECT - The sum $2,788.90 For the following purpose: Construct water line in Stanford Street from North University Avenue to Akron Avenue ahead of paving. 74-33-209-564 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. 73fii1■fiiT�l� Resolution accepting water and sewer system improvements for Lots 254 thru 344, West Wind Addition. WHEREAS, the developer of Lots 254 thru 344, West Wind Addition, has complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with Paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to.,the developer is $34,851.61 with the improvements constructed by Holloway Contracting Company having a value of $40,810.23 as determined by the unit prices established by said Chapter 34, and $4,041.38 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with West Lubbock Development, Incorporated, the developer, to receive a refund of $5,469.30 in accordance with Chapter 34 of the Code of the City of Lubbock, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the C i ty of Lubbock. 2. That refund of the refundable cost in the amount of $5,469.30 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF MAY, 1974- ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary APPROVED: APPROVED AS TO FORM: /s/ Wilford D. Watson, City Engineer /s/ Fred 0. Senter, Jr., City Attorney 7433-209-565 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (31) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting May that the follow- ing resolution be passed. RFSni 1rrinm 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 Special Warranty Deed in favor of HARVEY T. COOPER and wife, OPELL COOPER 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 23rd 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 21 MAY 2 3 1974 74-33-210-566 (32) THE STATE OF TEXAS COUNTY OF LUBBOCK X KNOW ALL MEN BY THESE PRESENTS: SPECIAL WARRANTY DEED 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 TWO HUNDRED FIFTY-TWO AND 50/100 ($252.50) DOLLARS and other good and valuable consideration, to it in hand paid by HARVEY T. COOPER and wife, OPELLCOOPER of Lubbock County, Texas, receipt and sufficiency of which is hereby acknowledged and confessed, and for the payment of which no right or lien, expressed or implied is retained: Has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the said HARVEY T. COOPER and wife, OPELL COOPER of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, and being more particularly described as follows: The West portion of Lot 36, Lortondale Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the Northwest corner of Lot 36, Lortondale Addition; THENCE East 30.30 feet to a point; THENCE South 01032'23" East a distance of 111.64 feet to a point; THENCE in a Southwesterly direct4on around the arc of a curve to the right of radius 15.00 feet, a distance of 23.97 feet to a point in the North line of 48th Street; THENCE West, along said North Street line, a distance of 18.30 feet to a point, said point being the Southwest corner of Lot 36; THENCE North, along the West line of said Lot 36, a distance of 127.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the above -described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said HARVEY T. COOPER and wife. OPELL COOPER, their heirs and assigns forever, and the CITY OF LUBBOCK does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said HARVEY T. COOPER and wife, OPELL COOPER, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under it. WITNESS MY HAND AT LUBBOCK, TEXAS this 23rd day of may, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS YO FORM: /s/ Fred 0. Senter, Jr., City Attorney 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 that the following re- solution be passed. 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 Special Warranty Deed in favor of JAMES D. HOWZE and wife, A.JEAN HOWZE, 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 23rd 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 THE STATE OF TEXAS X COUNTY OF LUBBOCK X SPECIAL WARRANTY 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 THREE HUNDRED TWO AND 50/100.($302.50) DOLLARS, and other good and valuable consideration, to it in hand paid -by JAMES D. HOWZE and wife, A. JEAN HOWZE of Lubbock County, Texas, receipt and sufficiency of which is hereby acknowledge and con- MAY 2 3 1974 211a MAY ? 3 1974 MAY '2 fessed, and for the payment of which no right or lien, expressed or implied is retained: Has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto and said JAMES D. HOWZE i1nd wife, A. JEAN HOWZE of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, and beinc more particularly described as follows: A portion of the West 9.00 feet of Lot 1, and the East 20.06 feet of Lot 21 Block 1, Sunny Slope Addition to the City of Lubbock, Lubbock County, Texas being more parti- cularly described by metes and bounds as follows: BEGINNING at the Southeast corner of Lot 2, Block 1, Sunny Slope Addition; THENCE West , along the South property line of Lot 2, a distance of 20. feet to a point; THENCE North a distance of 132.5 feet to a point in the North property line of Lot 2; THENCE East, along the North property line of Lot 2, a distance of 10.7 feet to a point in the North prop6r-ty line of Lot 2; THENCE South a distance of 25.00 feet to a point; THENCE East a distance of 18.3 feet to a point; THENCE South a distance of 107.5 feet to a point in the South property line of Lot 1, Block i, said Addition; THENCE West, along the South property line of Lot 1, a distance of 9.00 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the above -described premises, together with all and singular the rights and appurtenances thereto in anywise bel-onging to the said JAMES D. HOWZE and wife, A. JEAN HOWZE, their heirs and assigns, forever, and the CITY OF LUBBOCK does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all arid -singular the said premises unto the said JAMES D. HOWZE and wife, A. JEAN HOWZE, their heirs and assign against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by throe or under it. WITNESS MY HAND AT LUBBOCK, TEXAS THIS 23RD 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 74-33-211-567 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Pipeline License Agreement to be entered into by and between said City and THE ATCHISON,TOPEKA AND SANTA FE RAILWAY COMPANY as regards a 20 inch waterline of said City undercrossing the trackage of said Railroad in the Plain- view, Texas District of said Railroad at MP671+4212 feet at Marnels, Texas, attached herewitF 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 detai` Passed by the City Council this 23rd 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 PIPE LINE LICENSE is set on page 21la 74-33-211-568 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (34) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6908 on first reading. N W ORDINANCE NO. 6908 AN ORDINANCE ABANDONING AND CLOSING A NORTH -SOUTH 10 FOOT UTILITY EASEMENT LOCATED IN LOT 2, KIMBELL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. -33-212-569 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (35) Bass, Councilman West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6909 on first reading. ORDINANCE NO. 6909 AN APPROPRIATION ORDINANCE WHEREAS,the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; WIDENING OF AVENUE H. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is le-eby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT BOND FUND The sum $12,681.50 For thefollowing purpose: Acquisition of Right -of -Way to widen Avenue H. The East 52.25 feet of Lots 4, 5, 6 & 7, Block 7, Liff Sanders Addition to the City of Lubbock, Lubbock County, Texas ---------------------------------- $12,222.00 Supplemental Expenditures------------------------------------------ 459.50 Total ------- $12, 1.50 -33-212-570 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (36) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 69D on first reading. ORDINANCE NO. 6910 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT AND UNDERGROUND UTILITY EASEMENT BOTH LOCATED IN WINDWICK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. •-33-212-571 The owner of the property at 2022 Broadway requested the City of Lubbock to deed to him 20" (37) of right-of-way on which his building encroaches. He now has a Street Use License for the use of this street right-of-way. After consideration of all information presented, 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 not make conveyance of this property, but offer to grant another 20 year Street Use License. f-33-212-572 Motion wis made by Councilman Henry, seconded by Councilman Campbell, motmon carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THT the Mayor fo the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock RIGHT-OF-WAY PARTICIPATION AGREEMENT between City of Lubbock and Lubbock County covering the widening of Quirt Avenue attached herewith which shall be spread upon the minutes of the Council and as spread uponthe 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 23rd 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 RIGHT-OF-WAY PARTICIPATION AGREEMENT QUIRT AVENUE THE STATE OF TEXAS COUNTY OF LUBBOCK THIS Agreement between the County of Lubbock, hereinafter called "County" and the City of Lubbock, hereinafter called"City": MAY 2 3 L L GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS CO?APANY as "Seller" and CITY OF LUBBOCK as i+guyer it Dated: July 1, 1974 21 MAY 2 3 1'. W1TNFSSFTN WHEREAS, the City has commenced the construction of a new terminal building at the Lubbock Regional Airport with the entrance to such new facility being from Farm to Market Road 2641 and Quirt Avenue; and WHEREAS, the County has agreed to participate in purchasing the right-of-way to widen Quirt Avenue from Loop 289 to FM-2641 upon the following terms and conditions: 1. The County agrees to participate in the purchase of right-of-way to widen Quirt Avenue, not to exceed $25,000.00 for the County's share. 2. The City shall, at its expense, perform all preliminary acts necessary to acquire the needed right-of-way, such as apprasal, engineering, negotiation, title investigation, and if necessary eminent domain proceedings. 3. The City right-of-way department and the City Attorney shall approve all purchases of right-of-way and an approved statement shall be forwarded to the County Auditor for payment by the County in it's usual procedure from the County's right-of-way account. When approved by the County Commissioners Court, the County Auditor shall make available the County's check for right-fo-way to the City for handing to the property owner upon receipt of the necessary transfer documents or when required, turned over to the proper authority during condemnation or appeal. 4. It is intended and agreed that the County will participate in the purchase of Quirt Avenue right-of-way by paving one-half (j) of the purchase price of such acquisitions up to a total expenditure of $25,000.00 by the County. 5. It is understood and agreed that the City will comply with State and Federal regula- tions as to relocation assistance when purchasing such right-of-way. EXECUTED by the Commissioners Court of Lubbock County, Texas, this 13th day of May, 1974. ATTEST: /s/ Frank Guess, County Clerk APPROVED AS TO FORM: /s/ Alton Griffin, District Attorney RIGHT-OF-WAY PARTICIPATION AGREEMENT COUNTY OF LUBBOCK /s/ Rodrick L. Shaw, County Judge EXECUTED by the City of Lubbock, this 23rd day of May, 1974. CITY OF LUBBOCK /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-213-573 The City Council considered a contract with Pioneer Natural Gas Company for power plant (39) fuel gas. Gene Alderson, Chairman of the Electric Utilities Board, appeared before the City Council and recommended acceptance of this contract. Mr. Alderson stated that this is a fair contract. Bill Wood, Director of Utilities, and Larry Shortes of Pioneer Natural Gas Co., also appeared before the City Council in regard to this contract. After consideration of all information presented, 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 that the following resolution be passed authorizing the Mayor to execute a r� Gas Sales Agreement between the City of Lubbock and Pioneer Natural Gas Co. covering natural gas for Lubbock Power and Light. 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 GAS SALES AGREEMENT between the City of Lubbock and Pioneer Natural Gas Company covering natural gas for Lubbock Power and Light 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 23rd 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 21 AY ? 1974 74-33-214-574 (40) 74- 33- 214- 575 (42) 74-33-214-576 (43) GAS SALES AGREEMENT set in on 214a. 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 authorize publi- cation of Notice to Bidders for graphics for new terminal building at Lubbock Regional Airport. The City Council considered the use of bus passes for promition of the bus system. After con- sideration of all information presented,. motion was made by Councilman Campbell, seconded by Councilman West, that the following items be authorized in an effort to promote bus ridership: I. To authorize Lubbock Transit Company to issue weekly bus passes for a cost of $2.50 per week per pass, and 2. To authorize distribution of free bus passes through the City utility statements on the cycle billing system; 3. To offer to recognized Merchants' Associations these weekly bus passes at the rate of 10� on the dollar (or $25.00 per 100 passes), in lots of not less than $25.00. This offer to purchase these passes is a one time promotional program andnot on a continuing basis. The money received from the sale -of these bus passes will be paid to the Lubbock Transit Company minus cost of printing passes. This program is to be carried out as the staff deems workable. This motion carried by the following vote: Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay. Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, and Henry voting Yea, Councilman Campbell voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the City Council has determined a need for a study of public transporation within the City of Lubbock; and WHEREAS, it is felt that the advice of citizens would assist them in resolving the problems concerning public transportation; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby created the "Transit Advisory Committee" which shall consist of five members to be appointed by the City Council with one member being designated as Chaimman. The membership of the committee shall be composed of resident citizens of the City of Lubbock who represent various segments of the City such as business, industry, education and govern- ment and various sectors of the City as determined by the City Council. The Committee shall make such reports and studies concerning public transportation as directed by the City Council. The Transit Advisory Committee shall expire upon the rendering of reports requested by the City Council unless the Committee is extended by additional direction of the City Council. Passed by the City Council this 23rd day of May, 1974. ATTEST: /s/ Treva Phillips,City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney /s/ ROY BASS, MAYOR 74-33-214-577 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (45) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize the following amendment to the City -School Tax Contract. AMENDMENT TO AGREEMENT FOR TAX ASSESSMENT AND COLLECTION THE STATE OF TEXAS X COUNTY OF LUBBOCK X WHEREAS, the LUBBOCK INDEPENDENT SCHOOL DISTRICT and the CITY OF LUBBOCK, entered into an agreement dated June 14, 1951, amended May 21, 1963, whereby the School District contracted with the City of Lubbock for the City Tax Assessor -Collector to assess and collect taxes for the District; and, WHEREAS, the School District and the City desire to amend such contract; WITNESSETH: THAT Paragraph Two (2) of the Agreement entered into between the Lubbock Independent School District and the City of Lubbock dated June 14, 1951, amended May 21, 1963, is hereby 21 + MAY 2 3 197 F Imo" F U n amended by adding thereto a paragraph which shall read as follows: The City and the District agree that both the City and the District shall each appoint all of the members of a Tax Board of Equalization which shall have the authority vested in it by law to equalize the tax assessments made against all taxable property within the City of Lubbock and the Lubbock Independent School District. Such Tax Board of Equalization shall consist of twelve members with the provision.that all of such Board .� members shall be appointed -by the City Council of the City of Lubbock and the Board of Trustees of the Lubbock Independent School District. EXECUTED this 23rd day of May, 1974• LUBBOCK INDEPENDENT SCHOOL DISTRICT President, Board of Trustees ATTEST: APPROVED: CHARLES COBB Attorney for Lubbock Independent School District CITY OF LUBBOCK, TEXAS /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-215-578 Thefoilowing bids were received for the expansion of Holly Plant switchyard, being Bid No. (46) 2858. Bid Tabulation set in Bid Book. After consideration of allbids 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 Westinghouse Electric Supply Co. for the expansion of Holly Plant Switchyard. 74-33-215-579 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor (47) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6911 on first reading. ORDINANCE NO. 6911 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 BOND FUND The sum $72,000 For the following purpose: Steel Switchyard structures as outlined in Bid #2858 and includ- ing foundations and labor for installation. 1 74-33-215-580 The following bids were received for concrete flatwork and paving at various parks, being (48) Bid No. 2890. 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 W. D. Turner Construction Co. for concrete flatwork and paving at various parks. 74-33-215-5$1 The following bids were received for concrete sealing material for the Parks Department, (49) being Bid No. 2888. 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 Vaughan & Associates, Dallas, for concrete sealing material. 26 1974 74-33-216-582 (50) 74- 33-- 216- 583 (51) The following bids were received for the purchase of resin for softners at Power Plant No. 2, being Bid No. 2926. 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 Crane -Cochrane Division, King of Prussia, Pa., for the purchase of resin for softener at Power Plant No. 2. The following bids were received for the purchase of new ammunition for the Police Department, being Bid No. 2903. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- man Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of H & H Sporting Goods, Amarillo for the purchase of ammuni- tion for the Police Department. 74-33-216-584 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (52) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Mrs. Juan Chadis to the Human 116lations Commission to fill an unexpired term. This term will expire May 25, 1975. 74-33-216-585 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (53) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the foilow- irig resolution be passed authorizing the Mayor to sign an agreement with College Avenue Co-op Gin, Inc., in regard to dedication of Right-of-way and paving University Avenue with the condi- tion that details be worked out by the City Staff on traffic control devices. RFSnI IIT 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 CONTRACT with COLLEGE AVENUE CO-OP re extension of time for payment of paving lien in exchange for a Street Dedication along University Avenue in the Cky of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of May, 1974. /s/ ROY BASS, MAYOR ATTEST: is/ 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 V4LIDITY OF SUCH LIEN IN EXCHANGE FOR STREET nFniraTlnm This agreement made as of the 23rd day of May, 1974, by and between COLLEGE AVENUE CO-OP, a Texas Corporation, sometimes also known as COLLEGE AVENUE CO-OP GINS and/or COLLEGE AVENUE COOPERATIVE GIN, being all one and the same entity, acting through its officers hereunto duly authorized, herein called "CO-OP" and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality lo- cated in Lubbock County, Texas, acting by and through its Mayor, herein called "CITY", said agreement becoming effective upon execution 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 parti- cularly Pages 33 and 34 therein of lie 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 85.0 feet N and 65.0 feet W of the SE corner of Sec- tion 12, Block E-2, Lubbock County, Texas; THENCE N 204.0 feet to a point, said point being the beginning of a 15.0 foot curve to the left, the radius point which bears W 15.0 feet, and having a tangent of 15.0 feet and an arc length of 23.56 feet; THENCE around said 15.0 foot curve to the left a distance of 23.56 feet to a point; THENCE W. 135.0 feet to a point; THENCE South 249.0 feet to a point; THENCE East 120.0 feet to a point, said pointbeginning of a 30.0 foot curve to the left, El MAY 2 3 and having a tangent of 30.0 feet and an arc length of 47.12 feet; THENCE around said curve to the left a distance of 47.12 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, Co -Op agrees immediately upon being requested in writing by City delivered by certified U. S. mail to College Avenue Co -Op, Route 7, Box 746, Lubbock, Texas 79401, to execute and forward to the City a Dedication Deed on a form submitted by City to Co -Op contemporancousiy with this Agreement, dedicating a strip of land to the City and/or the Public for use as a public street covering the following described tracts of real estate: TRACT I. BEGINNING at the Southeast corner of Section 12, Block E-2, Lubbock County, Texas; THENCE West along the South line of said Section 12, 290.0 feet to a point; THENCE North 55.00 feet to a point; THENCE East 194.00 feet to a point, said point being the beginning of a 30.00 foot curve to the left, the radius point of which bears North 30.00 feet and having a delta angle of 900, a tangent of 30.00 feet and an arc length of 47.12 feet; THENCE in a Northeasterly direction around the arc of a curve to the left an arc length distance of 47.12 feet to a point; THENCE North 202.0 feet to a point, said point being the beginning of a 15.00 foot curve to the left the radius point of which bears West 15.00 feet and having a delta angle of 900, a tangent of 15.00 felt and an arc length of 23.56 feet; THENCE in a Northwesterly direction around the arc of a curve to the left an arc length distance of 23.56 feet to a point; THENCE North 28.0 feet to a point; THENCE East 80.00 feet to a point in the East line of Section 12; THENCE South along the East line of Section 12, a distance of 330.0 feet to the PLACE OF BEGINNING. TRACT II. r BEGINNING at the Northwest corner of Section 9, Block E, Lubbock County, Texas; I THENCE South along the West line of said Section 9, Block E, a distance of 280.00 feet to a point; THENCE East a distance of 65.00 feet to a point; THENCE North a distance of 195.00 feet to a point, said point being the beginning of a 30.00 foot radius curve whose radius point bears East, having an angle of intersection of 90000'00", a tangent length of 30.00 feet, and an arc length of 47.12 feet; THENCE around said curve to the right an arc length distance of 47.12 feet to a point; THENCE East a distance of 195.00 feet to a point; THENCE North a distance of 55.00 feet to a point on the North line of said Section 9, Block E; THENCE West along the North line of said Section 9, Block E a distance of 290.00 feet 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 City be declared null and void, and no longer of any force or effect. SECTION II For and in consideration of the City of Lubbock paying for the construction of the paving adjacent and abutting the hereinabove described property, CO-OP, its successors and assigns as owner of such property promises and does hereby by these presents promise to pay to the City of Lubbock $4,223.04 on or before the end of the sixtieth (60th) month following the accep- tance of the paving improvements by the City of Lubbock; or when CO-OP, its successors and assigns plats for development under Article 974A, Vernon's Civil Statutes of Texas, all or any part of the real estate owned it which is adjacent to Tracts I and 11 above -described and/ or which abuts 82nd St. or Univ. Ave; or when CO-OP, 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 (00�h) month after acceptance of paving improvements by the City. SECTION III Should the herein above described paving assessment of $4,223.04 on the hereinabove described property be paid in whole or in part later than the sixtieth (60th) month follow- ing acceptance of the paving improvements by the City of Lubbock, then the City shall charge and CO-OP, its successors and assigns agrees and obligates itself to pay six percent (6%) per annum interest from and after the end of said sixtieth J60th) month on the principal amount of )18 aY 2 3 1974 $4,223.04 or so much thereof that remains unpaid. SECTION IV CO-OP, its successors and assigns, acknowledges the existence of the paving assessment lien against CO-OP under Sub -unit 1 of Unit No. 2233 of said Ordinance No. 6812, the hereinabove described property; such assessment lien created by City Ordinance No. 6812 and filed for record in the need Records of Lubbock County, Texas, in Volume 1382, pages 1-50 (inclusive) and parti- cularly pages 33 and 34therein, and enacted on February 14, 1974, and further, CO-OP agrees that 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 agree - ment. ATTEST: /s/ John T. Alford, Secretary ATTEST: /s/ Treva Phillips, City Secretary -Treasurer COLLEGE AVENUE CO-OP BY: /s/ Don Langston, President CITY OF LUBBOCK BY: /s/ ROY BASS, MAYOR 74-33-218-586 Mrs. Sellie Shine, Chairman of the Citizens Rights and Responsibilities Committee of the Human (54) Relations Commission, appeared before the City Council requesting that the City of Lubbock act as grantee and sponsor in making application for grant from the Criminal Justice Council for a Rape Crisis Center. After consideration of all information presented, motion was made by Council- man West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to permit the Human Relations Commission to make application for a grant from the Criminal Justice Council, naming the City of Lubbock as grantee and prime sponsor in connection with the organization and establishment of a Rape Crisis Center. 74-33-218-587 The City Council considered the passage of Ordinance No. 6766 on second reading changing property (13) located south of Loop 289 and east of Gary Avenue from "R-1" to "R-2" and "A-1" Zoning District (Zone Case No. 1919). Jan Fouts and Bill Mullins appeared before the City Council in support of the passage of this ordinance on second reading. Jim Bertram, Director of Planning, appeared before the City Council and summarized the concerns of the Planning Staff. After consideration of all information presented, motion was made by Councilwoman Jordan that both tracts (Mullins and Kastman tracts) be zoned "R-2". This motion died for lack of a second. Motion was made by Councilwoman Jordan that the tract belonging to Mr. Mullins be zoned "A-i", limited to "R-2" density; Kastman tract be zoned "R-2" as presented at previous meeting. This motion died for lack of a second. Motion was made by Councilman Henry that "A-1" zoning be granted with the condition that a maxi- mum of 150 units be established for Mullins tract, plus Kastman's tract (entire two tracts), subject to site plan to be approved by the Planning Department on both tracts. Motion by Councilwoman Jordan to amend motion of Councilman Henry to add "with the understanding that we 'freeze' R-2 on Kastman portion, that site plan be presented for approval on "A-l" portion only". This motion died for lack of a second. The motion made by Councilman Henry died for lack of a second. Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay that the Kastman tract be zoned "R-2" and that the Mullins tract (Tract A) be zoned "A-111, subject to condition that limita- tion of 150 units be set, subject to revised site plan, with instructions that before revised site plan is presented to City Council, it be first presented to the Planning Department for their approval, at least one week in advance of City Council meeting. Councilman Campbell ab- stained from participating in this action. ORDINANCE NO. 6766 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1919: CHANGE LOTS A TRACT OF LAND OUT OF A PRELIMINARY PLAT OF MELONIE GARDENS ADDITION, ON FILE IN THE OFFICE OF THE SECRETARY OF THE PLANNING AND ZONING COMMISSION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AN "11-1" TO "R-2" AND "A-1" ZONING DISTRICTS; SUBJECT TO CONDITIONS AS FURTHER DESCRIBED IN SECTION 1 BELOW: PROVIDING A SAVING CLAUSE AND PROVIDING FOR PUBLICATION. 0 21 9a MAY 2 3 1974 Texas Highway Department Form D-15-83 Page I of 4 TaIPORARY EASEMENT STATE OF TEXAS 4 COUNTY OF Lubbock K11OW ALL EEN BY THESE PRESENTS: That City of Lubbock, Texas, a Municipal Corporation Parcel 40 E IH 27 Lubbock County 9005-27-1 1 27-7(5) 308 of the County of Lubbock , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of DOLLARS and other good and valuable consideration to Grantors in hand paid by the State of Texas, acting by and through the State Highway Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, do by these presents grant, bargain, sell and convey unto the State of Texas, a temporary easement for , the purpose of reconstructing the existing drives to the Munici al Airport to meet the ro osed IH 27 grades and Provide for drainage. rr.__-orary .. ...cnt •�,iil �e'"r.';natn 7s nr,��ry IORA nr u2nn nnr„niori.+.. of nrniect L CMI VaOi 4PJ 4{N� - -__ - - - --- - -�► - - _ - in, along, upon and across the following described property in the County of Lubbock , State of Texas, and being more particularly described as follows, to wit: 4.435 acres of land being out of and a part of Section 28, Block A, Lubbock County, Texas, which was conveyed to the City of Lubbock by deed dated September 6, 1929 and recorded in Volume 150, page 452, Deed Records of Lubbock County, Texas, which 4.435 acres are more particularly described by metes and bounds as follows: BEGINNING at a point in the proposed East Right-of-way line of I.H. 27, said point being 2,795.00 feet South and 5,178.11 feet West of the Northeast corner of Section 28, Block A; THENCE North 020 49' 45" East, 150.19 feet along said proposed Right-of-way line to a point; THENCE North 05' 21' 35" East, 278.23 feet along said proposed Right-of-way line to a point; THENCE North 02° 53' 45" West, 300.37 feet along said proposed Right-of-way line to a point; THENCE North 069 32' 55" West, 100.65 feet along said proposed Right-of-way line to a point; THENCE North 89° 58' 00" East, 100.00 feet to a point; THENCE South 22° 01' 09" East, 568.33 feet to a point; THENCE South 000 02' 00" East, 300.00 feet to a point; T-HEN 2 South 890 58' 00" West, 320.00 feet to the place of beginning, containing 47TMacres of land. Temporary easement will terminate January 1, 1980 or upon completion of project. t 21 MAY 2 74-33-219-588 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (41) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to grant a temporary working easement to the State Highway Department for reconstructing the Airport entrance. Set in on page 219a copy of Easement. 74-33-219-589 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize final payment to Panhandle Construction Co. in the amount of $1,288.76 for Loop 289 bt Gary Avenue highway crossing. The contract price and final cost was $12,887.60. CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS I COUNTY OF LUBBOCK X - Before me, a Notary Pulic in and for Lubbock County, Texas, on this day personally appeared DAVID H. HAMPTON, who being by me duly sworn, upon oath says: I, DAVID H. HAMPTON, do represent to the City of Lubbock and soiemnlWa r I executed a contract with the City of Lubbock, said contract being dated,/for 11 R LOOP 289, under WWO 7867, and that the work and contract has been completed according to the plans aid specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connec- tion with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release . of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantiz ly complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 30TH day of MAY, 1974. /s/ DAVID H, HAMPTON, VICE PRESIDENT Attest: /s/ Arden Bailey, Ass't. Sect'y-Treas. Subscribed and sworn to before me this the 30TH day of MAY, 1974. (Sea]) CERTIFICATE OF COMPLETION Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: /s/ Carole Cates Notary Public in and for Lubbock County, Texas May 23, 1974 On May 15, 1974, 1 inspected the Highway Crossing Under North Loop 289 East of Gary Avenue, WWO. 7867, dated December 20, 1973, and found said improvements 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 Contractor. i Yours very truly, /s/ Wilford D. Watson City Engineer NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, MEETING, May 23, 1974. ATTEST: Treva Phillips. -City Si°cr a ry-Treasurer READ AND APPROVED THIS THE 13th day of June, 1974. ATTEST: 2e Treva Phillips,City Secxlary-Treasurer TIE iTY O CIL ADJOURNED FROM REGULAR OY BASS, MAYOR /W& cc R Y BASS, MAYOR