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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/27/1974246 JUN 2 7 1974 REGULAR CITY COUNCIL MEETING JUNE 27, 1974 The City Council of the City of Lubbock, Texas, met at 9:30 a.m. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Council- man Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 74-33-246-667 (1) The invocation was given by Tom Martin, Public Information Officer. 74-33-246-668 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 74-33-246-669 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (3) Councilman West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Special Meeting held June 10, 1974 and Regular Meeting held June 13, 1974, as corrected. 74-33-246-670 Gene Zara, General Manager of Modular Technology Corporation, appeared before the City Council (6) and discussed an amendment to their contract with the City of Lubbock. Mr. Zara requested a pass -through price increase on the refuse containers they are constructing for the City because their suppliers have increased the price of steel to them. After consideration of all informa- tion presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilman West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to table this item for further study. 74-33-246-671 Ernie Prenevost appeared before the City Council and presented the following promotional program (7) for bus passes. A PROMOTIONAL PROGRAM FOR THE $2.50 WEEKLY PASS In line with Council's unanimous desire to offer a $2.50 weekly pass on a 90-day trial basis, the following promotional program is respectfully submitted. Proiect 1 -- Theme To provide a cohesive thrust to the program, it is recommended that a "Smiling Scot" theme be adopted. Under this "umbrella" a series of promotions can be developed for all facets of the program. (Exhibit A.) Project 2 -- News Releases A series of news releases to keep the public informed and arouse interest in the program should be developed and used. Project 3 -- Bus Passes for Merchants To support Council's offer to recognized merchants' associations to purchase weekly passes at IOC on the dollar, it is recommended that three weeks be set aside for this purpose during the trial period. The merchants would be able to purchase passes for use during the first two weeks of the trial period and for the last week in August, when University students start returning to campus. Project 4 -- Bus Signs Exterior space on 10 buses should be utilized throughout the campaign to advertise the bus passes. Project 5 -- Utility Mailings In support of Council's action to offer a free pass with each water utility bill (on a one- time basis), it is recommended that such a mailing be conducted in four parts, beginning July 8. Project 6 -- Sales Motivation The bus operators at Lubbock Transit will constitute the prime sales force for the bus passes. Therefore, it is vital that thesecperators be properly motivated. It is recommend- ed that for the entire month of September each operator be given a commission of 25� for each bus pass he sells. During this same period, merchants at key locations would be asked to sell passes under the same commission arrangement. Project 7 -- Costumes To further capitalize on the Scot theme and draw public attention to the program, it 6 recommended that a bus operator wear a traditional Scotsman's outfit on the first day the passes go into effect. Other oerators will wear Scottish tams on the days the passes are on sale as a reminder to passengers of the availability of the passes. Project 8 -- Hostesses The use of three attractive young girt, dressed in Scottish costumes, is recommended as part of the promotional activities. These girls, who could be City employees, employees of JUN 2 7 r r F1 a bank or employees of a Chamber of Commerce member, would hand out schedules at key lo- cations during the first week of the program. Project 9 -- Contest A local radio station with a strong appeal to teenagers and young adults should be offered the opportunity to sponsor a weekly contest to find out who can ride the bus the most number of times in one week with one pass. All details of the contest would be the responsibility of the station. Project 10 -- Paid Advertising Use of newspaper and radio advertising is strongly recommended to support promotional activities. While the cost is not insignificant, it is not out of proportion in rela- tion to the total cost of the program. BUDGET Project 1 -- Them (Art Charges and Printing) $ 300 Project 2 -- News Releases 25 Project 3 -- Bus Passes for Merchants -0- Project 4 -- Bus Signs 400 Project 5 -- Utility Mailings -0- Project 6 -- Sales Motivation -0- Project 7 -- Costumes 150 Project 8 -- Hostesses 50 Project 9 -- Contest -0- Project 10 -- raid Advertising 3,000 Sub Total $3,925 Contingency 500 Grand Total $25 After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept this proposal and authorize a budget supple- ment in the amount of $4,425 to carry out this program, to Account No. 1006-439. 74-33-247-672 Raymond Adams, President of Advertising Services, Inc., appeared before the City Council and (8) discussed proposed amendments to their contract with the City, and also requested an increase in rates. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to table this item for further study. After further discussion, it was the general consensus of the City Council to authorize Councilman Dirk West to work with Mr. Adams, to work out the terms of the amendment. 74-33--247-673 Mr. Gay Crump appeared before the City Council requesting that a paving lien on property he (9) owns be removed. Mr. Crump contends that he was not properly notified of the paving program. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to refer this item to the City Attorney's Office. 74-33-247-674 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (10) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6914 on second and final reading. ORDINANCE NO. 6914 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 The sum $353,000 BD. FD. For the following purpose: Substation transformer for the new Central Substation. 74-33-247-675 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, {ll) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting May to pass Ordinance No. 6915 on second and final reading. ORDINANCE NO. 6915 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: 27 1974 There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum $28,555.21 For the following purpose: Construct caliche roads and three well site hardstands in the Sand - hills Well Field. +-33-248-676 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6917 on second and final reading. 0 ORDINANCE NO. 6917 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: 0 There is hereby appropriated out of the following described bond fund, to --wit: Airport Capital Project Fund The sum $1,055,146 For the following purpose: Strengthen and mark runway 8-26, Taxiway K and N/S portion of Taxi- way J; install new high intensity runway light on Runway 8-26; modify electrical vault; install an NDB and VASI-4 for Runway 26; relocate south threshold of Runway 35L; install security fencing for runway 35L; place topsoil on and seed shoulders of Runway 8-26; blast pad for Runway 26 and other related items of work. City's share ADAP Project No. 8-48-0138-06 AWO 203 4-33-248-677 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, (13) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6904 on second and final reading tied to the site plan as presented and approved on this date. Sanford Whitaker appeared and presented the site plan. ORDINANCE NO. 6904 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1910-A: CHANGE TRACT F AND G-1 THROUGH G-13 OF THE PRELIMINARY PLAT OF QUAKER HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "11-1-' TO A SPECIFIC USE PERMIT, TO -WIT: PRO- FESSIONAL TYPE OFFICES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 0 74-33-248-678 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (15) Bass, Councilmwn West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6913 on second and final reading. ORDINANCE N0. 6913 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY STREET LIGHT CABLE EASEMENT LO- CATED IN RUSHLAND PARK ADDITION 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. 74-33-248-679 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (16) Bass, 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 Harold Chapman, 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 27th day of June, 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 NOP OO ($1.00) DOLLARS and other good and JINN 2 7 valuable consideration to it in hand paid by HAROLD CHAPMAN, 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: The West 2.00 feet of Lot 16, Block 33, Rushiand Park Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privilege and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, his heirs, or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim, or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 27th day of June, 1974. /s/ ROY BASS, MAYOR ATT EST : /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-249-680 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (17) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize publica- tion of Notice to Bidders for the construction of dams on the Canyon Lakes Project. 74-33-249-681 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6926 on first reading. ORDINANCE NO. 6926 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: Traffic Signal Bond Fund The sum $11,700 For the following purpose: Installation of underground traffic signal conduit at 4 intersectii (Supplement to GWO 10693) 74-33-249-682 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (20) 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 Plans of Proposed State Highway Improvment of U. S. 62-82 (Brownfield Highway) from 19th Street to Slide Road, indicating the City of Lubbock's approval of such plans. Passed by the City Council this 27th day of June, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-249-683 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RFSnI [IT I nN RESOLUTION ACCEPTING IMPROVEMENTS ON A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Fiesta Autoland Center Lot 4, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat of Fiesta Autoland Center including the following street: Utica Avenue from its intersection with Loop 289 to its intersection with a line 3 foot South of the South porperty line of the alley South of Loop 289. I 7 1974 AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervisbn of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with Cit/ specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF .MINE, 1974. ATTEST: 0 /s/ Treva Phillips, City Secretary /s/ ROY BASS, MAYOR APPROVED: /s/ Wilford D. Watson, City Engineer /s/ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE Fiesta Autoland Center Lot 4 Accepted .tune 27, 1974 QUANTITIES S.Y. L.F. New S.Y. L.F. Alley Ret. S.Y. Curb & Sub- unit & Paving Curb & & Drainage Valley Gutter Paving Unit Sub -Unit Location 6" Base Gutter Channels Gutter Removal Repair Cost 2017-52 Ej Utica Avenue from SLL 1,410.78 682.45 6.67 14.58 56.50 56.50 4935.95 of Loop 289 access road to 3' South of SPL of alley South of Loop 289. 2017-52 W! Utica Avenue from SLL 1410.78 682.45 6.66 14.57 56.50 56.50 4935.95 of Loop 289 access road to 3'South of SPL of alley South of Loop 289. TOTAL 2 8 21.56 ]3b+E.90 13.33 29.15 113.00 113.00 9 771.91 COST DISTRIBUTION Unit & Contract Property Sub -Unit Cost Owner Cost NS2017-52E $4,935.96 $4,935.96 NS 2017-52W 4,935.95 4,935.95 $9.871.91 $9.871.91 COST ESTIMATE 23,821.56 S.Y. Paving 6" Base @ $2.20 $6,207.43 1,364.90 L.F. Curb and Gutter @ $2.25 3,071.03 13.33 S.Y. Alley Return @ $8.65 115.30 29.15 S.Y. Valley Gutter @ $8.65 252.15 113. L.F. Curb & Gutter Removal @ $1.00 113.00 113. L.F. Paving Repair @ $1.00 113.00 CONTRACT COST $9,871.91 4-33-250-684 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. D C C 0l I IT I r%hl RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Melonie Gardens Addition Lots 134�296 made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said sub- JUN 2 7 F F F division under the provisions of said Ordinance prior to the recording of the subdivision plat of Melonie Gardens Addition Lots 134-296 including the following streets: The West I of Elgin Avenue from its intersection with the North raw edge of 82nd Street to its intersection with a line 45 feet North of the centerline of 78th Street, known and designated as New Subdivision Sub -Unit Number 23 of Unit Number 2016. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the pay- ment of the City's portion of the cost and to release escrow money. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF JUNE, 1974. ATTEST: /s/ Treva Phillips, City Secretary APPROVED: /s/ ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Wilford D. Watson, City Engineer /s/ Fred 0. Senter, Jr., City Attorney 74-33-251-685 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (23) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resoiutionbe passed. Rp4znl FIT I nm A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PRE- PARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided t o-� ALLEY E-W alley between 56th and 57th Street E-W alley between 23rd & 24th Street FROM University Avenue Flint Avenue TO Boston Avenue Elgin Avenue Said portions of streets, highways, and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with four (4) course penetration type or 1-P hot mix type asphaltic surface treatment. Alleys shall be improved by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improve- ments. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS: (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements after deducting the sum to be paid by the -railways under sub- paragraph (a) above, provided, that such part of the cost assessed to be abutting property of owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb and further provided that if it shall appear at the hearing, to be had before final assess- 2 7 1974 ment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there will be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. ALLEY IMPROVEMENTS: (c) the abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property which has single family or two (2) family residential usage on both sides of the alley to be improved shall be assessed for fifty (50)% of the cost of such improvements. Vacant property zoned for two (2) family residential purposes shall be assessed for fifty (50)% of the cost of such improvements. Property which has commercial or semi -commercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90)% of the cost of such improve- ments. Where there is commercial or semi -commercial usage or zoning on one side of an alley, and single family residential usage and zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the costs of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there will be assessed and be paid by such.abutting property and the owners thereof, a lesser amount not to exceed the bene- fits. (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub -paragraphs (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or state- ments on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments: The first of which shall become due on or before 2) days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second, third, fourth and fifth install- ments shall become due one, two, three, and four years respectively after completion and ac- ceptance of the improvements in the unit upon which the property abuts, by the City Council, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annuffi on street improvements, and seven percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures, then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. iRs Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fee6 and costs of collection, if incur- red, all under and in accordance with the Charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105 B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF JUNE, 1974. ATTEST: /s/ Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson, City Engineer /s/ ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney -33-252-686 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, (23a) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the City Council of the City of Lubbock by resolution passed on June 13, 1974, in regular sessions of said City Council declared a necessity for and ordered the improvement of those certain highways, streets and alleys or portions thereof in the City of Lubbock, Lubbock, Texas, as more particularly described hereafter, by excavating, grading, and paving the same and by the construction of drainage facilities therein and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and directing the City Engineer to pre- pare plans and specifications for said improvements; and, . 4 11 WHEREAS, the plans and specifications for the improvements of said highways, streets and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock, Texas. -253 JUh 2 7 1974 WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock, Texas, to be necessary in the public interest to make the improvements herein designated on those certain highways, public streets and alleys or portions thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT improving the hereinafter described highways, streets and alleys, or portions thereof, located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of drainage facilities therein as well as the necessary curbs and gutters which are not now in place be and are hereby found to be a necessity; and, THAT the cost of making such improvements be partly paid for by the City of Lubbock and partly by the hereinafter described property abutting upon the highway, street or streets, and alleys or portions thereof which are hereby ordered to be improved, and the owners of such property as a personal liability after, public hearing all in accordance with and as required by Article 1105b, of the Revised Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature and amendments thereto. The portions of streets and alleys upon which improvements are proposed to be constructed and the abutting property proposed to be assessed for said improvements designated and defined by Unit and Sub -Unit are as follows: UNIT AND SUB -UNIT STREET FROM TO 36' Wide Streets 2229-10 43rd Street Chicago Avenue Dover Avenue 2229-20 East 14th Street Guava Avenue Keel Avenue 2229-21 23rd Street Milwaukee Avenue LaSalle Avenue 2229-22 East 15th Street Vanda Avenue Teak Avenue 2229-23 Teak Avenue East 15th Street Idalou Road 2229-24 78th Street Alley W. of Canton Elgin Avenue 2229-25 Avenue N 65th Street Alley N. of 65th Street 2229-26 East 15th Street Ironwood Avenue Keel Avenue 2229-27 W-T' Keel Avenue East 15th Place E. 15th Street 2229-28 NJ East 15th Place June Avenue Keel Avenue 42' Wide Streets 2230-3 48th Street Elkhart Avenue Chicago Avenue ��30-4 49th Street Elkhart Avenue Chicago Avenue 2230-5 Elkhart Avenue 48th Street 49th Street 52' Wide Streets 2232-3 North Avenue T Marshall Street Harvard Street 2232-4 East 14th Street Date Avenue 500' E. of Elm Ave. ��32-5 Harvard Street North Avenue U North Avenue T 10' Wide Alleys A-459-1 NS alley between Avenue L and Avenue K 17th Street 130.0' N. of 18th Street A-459-2 E-W alley between 22nd and 23rd Streets Hartford Avenue Indiana Avenue A-459-3 E-W alley between 56th & 57th Streets University Avenue Boston Avenue A-459-4 E-W alley between 15th & 16th Streets Raleigh Avenue Salem Avenue A-459-6 E-W alley between 23rd S 24th Streets Flint Avenue Elgin Avenue THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this resolution and to record or cause same to be recorded in the Deed of Trust Records of Lubbock County, Texas. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27th DAY OF JUNE, 1974. ATTEST: /s/Treva Phillips, City Secretary /s/ROY BASS, MAYOR APPROVED: APPROVED AS TO FORM: /s/ Wilford D. Watson, City Engineer /s/ Fred 0. Senter, Jr., City Attorney 74-33-253-687 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor follow- .t (23b) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the ing resolution be passed. 1974 Paving RESOLUTION RESOLUTION APPROVING AND ADOPTING ESTIMATE OF THE COST OF IMPROVEMENTS, OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, LAYING CURB AND GUTTER AND PAVING PORTION OF CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEX,s, AND CERTAIN STREETS AND HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY. RAILWAYS, OR RAILWAY COMPANIES USING, OCCUPYING OR CROSSING ANY PORTION OF STREETS AND/ OR ALLEYS AND OTHER PERSONS INTEREST- ED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERN- ING BODY OF THE CITY OF LUBBOCK, TEXAS. 2,54 SUN 2 7 1974 WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that portions of streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter, reinforced concrete five (5) inch thick alley pavement, reinforced concrete railroad crossing and street pavement with caliche base and one and one-half (11) inch Hot Mix, T.H.D., Type "C" together with incidentals and appurtenances. WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot to be assessed against abutting property and the owners thereof, and Railways or Railway Companies using, occupying or crossing any portion of streets and/or alleys, and such estimates have been prepared and examined; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS. Such estimates be and they are hereby adopted and approved. NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTIONS OF STREETS, HIGH- WAYS, AVENUES AND/OR ALLEYS, RAILWAYS AND/OR RAILWAY COMPANIES USING, OCCUPYING OR CROSSING ANY PORTION OF STREETS AND/OR ALLEYS AND TO ALL OTHERS AFFECTED: The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, avenues and/or alleys in and along the boundary of the said City of Lubbock, Texas, be improved by raising, grading and filling and installing concrete curbs and gutters, reinforced concrete five (5) inch thick alley pavement, reinforced concrete railroad crossings and street pavement with caliche base, one and one-half (11) inch Hot Mix, T.H.D. Type "C", storm sewers and drains where necessary on streets, highways, avenues and/or alleys, designated below: It is hereby found and determined that the cost of the improvements on such portions of said streets, avenues, highways and/or alleys with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property, the owners thereof, on the portions of said streets, avenus, highways, and/or alleys and railways and/or railway companies, using, occupying or crossing any portion of said streets, avenues, highways and/or alleys as follows,to-wit: The following thirty-six (36) foot width streets are known and designated as Unit Number 2229, Sub -Unit 10 and 20-28 (inclusive), the total estimated cost of the improvements is $115,744.24, the estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $2.44; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of property owner curb and gutter is $5.00 for front abutting and $3.34 for side abutting property. The estimated cost of each Sub -Unit is as follows: Sub -Unit 10,43rd Street from Dover Avenue to Chicago Avenue the estimated cost of Sub --Unit 10 of Unit 2229 is $6,526.60. Sub -Unit 20, East 14th Street from Guava Avenue to Keel Avenue, the estimated cost of Sub - Unit 20 of Unit 2229 is $40,087.92. Sub -Unit 21, 23rd Street from Milwaukee Avenue to LaSalle Avenue, the estimated cost of Sub - Unit 21 of Unit 2229 is $11,260.20. Sub=Unit 22, East l5th Street from Vanda Avenue to Teak Avenue, the estimated cost of Sub - Unit 22 of Unit 2229 is $10,122.98. Sub -Unit 23, Teak Avenue from East 15th Street to Idalou Road, the estimated cost of Sub - Unit 23 of Unit 2229.is $6,098.14. Sub -Unit 24, 78th Street from the alley west of Canton Avenue to Elgin Avenue, the estimated cost of Sub -Unit 24 of Unit 2229 is $7,800.44. Sub -Unit 25, Avenue N from 65th Street to the alley North of 65th Street, the estimated cost of Sub -Unit 25 of Unit 2229 is $2,381.87. Sub -Unit 26, East 15th Street from Ironwood Avenue to Keel Avenue, the estimated cost of Sub - Unit 26 of Unit 2229 is $19,466.82. Sub -Unit 27, the West I of Keel Avenue from East 15th Place to East 15th Street, the esti- mated cost of Sub -Unit 27 of Unit 2229 is $3,419.60. Sub -Unit 28, North 1 of East 15th Place from June Avenue to Keel Avenue the estimated cost of Sub -Unit 28, of Unit 2229 is $8,579.67. The following forty-two (42) foot width streets are known and designated as Unit Number 2230, Sub -Units 3, 4, and 5, the total estimated cost of the improvements is $36,830.77; the estimated amount per front foot to be assessed against the abutting property and the owners there- of for curb and gutter is $2.44; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $5.00 front abutting property in residential zones, $3.34 for side abutting property in residen- tial zones and $6.50 for abutting business zones: The estimated cost of each Sub -Unit is as follows: 255 iUN 2 7 1974 Sub -Unit 3, 48th Street from Elkhart Avenue to Chicago Avenue, the estimated cost of Sub -Unit 3 of Unit 2230 is $15,851.19• Sub -Unit 4, 49th Street from Elkhart Avenue to Chicago Avenue, the estimated cost of Sub -Unit 4 of Unit 2230 is $17,312.65. Sub -Unit 5, Elkhart Avenue from 48th Street to 49th Street, the estimated cost of Sub - Unit 5 of Unit 2230 is $3,666.93. The following fifty -two. (52) foot width streets are known and designated as Unit Number 2232 of Sub -Units 3-5 (inclusive), the total estimated cost of the improvements is $58,48 4.87, the estimated amount per front foot to be assessed againstthe abutting property and the owners thereof for curb and gutter is $2.44;the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of property owner curb and gutter is $8.85 for front abutting property in commercial zones; the esti- mated amount to be assessed against the railway company and the railway crossing for the reinforced concrete railway crossing to be constructed between the rails and two feet on each side thereof is $6,650.00 for Sub -Unit 3 of Unit 2232• The estimated cost of each Sub -Unit is as follows: Sub -Unit 3, North Avenue T from Marshall Street to Harvard Street, the estimated cost of Sub -Unit 3 of Unit 2232 is $33,768.92. Sub -Unit 4, East 14th Street from Date Avenue to 500' East of Elm Avenue, the estimated cost of Sub -Unit 4 of Unit 2232 is $16,493.71. Sub -Unit 5, Harvard Street from North Avenue U to North Avenue T, the estimated cost of Sub -Unit 5 of Unit 2232 is $8,222.24. For the following ten (10) foot wide alleys -.known and designated as Unit Number A-459, Sub -Unit 1, 2, 3, 4, & 6 (inclusive), the total estimated cost for the improvements is $35,142.48; the estimated amount per front foot to be assessed against the abutting property, other than that used for single family or two family residential purposes, and the owners thereof for the improvements IS $5.26; the amount to be assessed against the abutting property used for two family residential purposes and the owners thereof and for property used for single family purposes (where the property on both sides of the alley is used for residential purposes) and the owners thereof is $2.93. The estimated cost of each Sub -Unit is as follows: Sub -Unit 1, North -South alley between Avenue L and Avenue K, from 17th Street to 130.0 -Unit 1 of Unit A-459 is $2,062.33. feet North of 18th Street, the estimated cost of Sub Sub -Unit 2, East-West alley between 22nd Street and 23rd Street, from Hartford Avenue is $7,299.23. to Indiana Avenue, the estimated cost of Sub -Unit 2 of Unit A-459 Sub -Unit 3, East-West alley between 56th Street and 57th Street from University Avenue A-459 is $9,183.27. to Boston Avenue, the estimated cost of Sub -Unit 3 of Unit Sub -Unit 4, East-West alley between 15th Street and 16th Street, from Raleigh Avenue is $9,020.76. to Salem Avenue, the estimated cost of Sub -Unit 4 of Unit A-459 Sub -Unit 6, East-West alley between 23rd Street and 24th Street, from Elgin Avenue to A-459 is $7,576.89• Flint Avenue, the estimated cost of Sub -Unit 6 of Unit And arrangement for the making and construction of such improvements with pavement of (6) inch compacted caliche base one and one-halflbl) inch Hot Mix. T.HD., Type C. and a six to be constructed with pavement of five (5) inch in streets, highways and avenues, alleys has been made and entered into by the City of Lubbock, Texas and reinforced concrete slab or statements showing the proposed amounts to be assessed against the abutting property, rolls the owners thereof and the Railways and/or Railway Companies, using, occupying or crossing any portion of said streets or alleys, their rails, tracks, double tracks, turnouts and thereof for reinforced concrete street crossings and switches and two (2) feet on each side alley slabs in said streets or alleys have been filed with theCity, such reinforced concrete rolls or statements showing other matters and things, and have been approved and the City Counc upon of said City has fixed a time and place for hearing to the owners of property abutting alleys and Railways or Railway Companies said portions of streets, highways, avenues and/or any of said streets or alleys, and to all others affectec using, occupying, or crossing portion hearing the amounts to be assessed against the respective parcels of abutting land at which and the owners thereof for improvements in the units upon which the particular parcels of of property by means of the property abut, the amounts of benefits to the respective parcels which the particular property abuts, the regularity of the improvements in the unit upon with reference to such imprevements, the apportionment of the cost of such im- proceedings provements, and other matters and things will be determined, and after such hearings assess- by be made and levied, and such hearing will be had and held by and ments will ordinance Lubbock, Texas, in regular Council Meeting Room in before the City Council of the City of Hall in the City of Lubbock, Texas, on the 8th day of August, 1974, at 10:00 a.m. the City o'clock. The rolls or statements showing the proposed amounts of such assessments are on of the City file in the office of the City Secretary and copies thereof are in the office to inspection of any interested parties at any time, Engineer of the City of Lubbock and open things all such owners of property, as well as any and others and of all said matters and or interested, will take due notice. in anywise affected By order of the City Council of the City of Lubbock this the 27th day of June, 1974. 256 JUN 2 7 1974 74-33-256-688 (24) No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. That a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of said streets, highways, avenues and/or alleys or any Railway or Railway Company using, occuyying or crossing any street, avenue or alley described in Section II, of this Resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 8th day of August, 1974, at 10:00 A.M. o'clock on the second floor in the City Hall, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and as amended by Chapter 176 Acts of the 60th Regular Session of said Legislature. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least twenty-one days before the said hearing; and, additional written notice of the hearing shall be given by deposition in the United States mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an en- velope addressed to the owners of the respective properties abutting such highway, highways, or portion or portions hereof and any railway or street railway using, occupying or crossing any highway, portion or portions thereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock and at the addresses shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the city at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this resolution and said Acts as amended. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, THIS THE 27TH DAY OF JUNE, 1974. ATTEST: /s/ Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson, City Engineer /s/ ROY BASS, MAYOR APPROVED AS TO 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 resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Park Lorraine Addition, Lots 1-156 and Tract A, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the sub- division plat of Park Lorraine Addition, Lots 1-156 and Tract A, including the following streets: LaSalle Avenue from its intersection with the South raw edge of 34th Street to its intersection with the North Lip Line of 35th Street, known and designated as New Subdivision Sub -Unit Number 40 of Unit Number 2016. Kewanee Avenue from its intersection with a line 11.5 feet North of the South Property Line of 34th Street to its intersection with the North Lip Line of 35th Street, known and designated as New Subdivision Sub -Unit Number 41 of Unit Number 2016. Justice Avenue from its intersection with a line 11.5 feet North of the South Property Line of 34th Street to its intersection with the North Lip Line of 35th Street, known and designated as New Subdivision Sub -Unit Number 42 of Unit Number 2016. Juneau Avenue from its intersection with a line 11.5 feet North of the South Property Line of 34th Street to its intersection with the North Lip Line of 35th Street, known and designated as New Subdivision Sub -Unit Number 43 of Unit Number 2016. Ironton Avenue from its intersection with the South raw edge of 34th Street to its intersection with a line 7.0 feet South of the South Property Line of the alley South of 36th Street, known and designated as New Subdivision Sub -Unit Number 44 of Unit Number 2016. 35th Street from its intersection with a line 11.5 feet West of the East Property Line of Milwaukee Avenue to its intersection with the West Lip Line of Ironton Avenue, known and de- signated as New Subdivision Sub -Unit Number 45 of Unit Number 2016. 36th Street from its intersection with the East Lip Line of Milwaukee Avenue to its intersection with the West Lip Line of Ironton Avenue, known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2016. Milwaukee Avenue from its intersection with a line 7.0 feet North of the North Property Line of the alley North of 35th Street to its intersection with a line 7.0 feet South of the South Property Line of the alley South of 36th Street, known and designated as New Subdivision Sub - Unit Number 47 of Unit Number 2016. I L11 i JUN 2 7 191 it r r F LaSalle Avenue from its intersection with the South Lip Line of 35th Street to its intersection with the North Lip Line cF 36th Street, known and designated as New Subdivision Sub -Unit Number 48 of Unit Number 2016. LaSalle Avenue from its intersection with the South Lip Line of 36th Street to its intersection with a line 7.0 feet South of the South Property Line of the alley South of 36th Street, known and designated as New Subdivision Sub -Unit Number 49 of Unit Number 2016. Juneau Avenue from its intersection with the South Lip Line -of 35th Street to its intersection with the North Lip Line of 36th Street, known and designated as New Subdivision Sub -Unit Number 50 of Unit Number 2016. 34th Street from its intersection with a line 16.0 feet West of the West Property Line of La- Salle Avenue to its intersection with a line 621.0 feet East of the centerline of Ironton Avenue, known and designated as New Subdivision Sub -Unit Number 52 of Unit Number 2016. Drainage Channels from the ditchline on the North side of 34th Street to Lake Number 40, known and designated as New Subdivision Sub -Unit Number 52A of Unit Number 2016. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the pay- ment of the City's portion of the cost. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF JUNE, 1974. rail*0 /s/ Treva Phillips, City Secretary APPROVED: /s/ Wi;ford D. Watson, City Engineer QUANTITIES /s/ ROY BASS, MAYOR APPROVED AS TO FORM: /f/ Fred 0. Senter, Jr., City Attorney CONSOLIDATE FINAL ESTIMATE Park Lorraine Addition Lots 1-156 and Tract A Accepted June 27, 1974 L.F. S.Y. S.Y. S.Y. L.F. Unit & 12" Paving L.F. Alley Valley Alley Sub -Unit Location CCG 6"Base C C G Return Gutter Grading NS2016-40 LaSalle Avenue from the South raw edge of 34th Street to the NLL of 35th Street NS2016-41 Kewanee Avenue from 11.5 feet North of the SPL of 34th Street to NLL of 35th Street NS2016-42 Justice Avenue from 11.5 feet North of the SPL of 34th Street to NLL of 35th Street NS2016-43 Juneau Avenue from 11.5 feet North of the SPL of 34th Street to NLL of 35th Street NS2016-44 Ironton Avenue from the South raw edge of 34th Street to 7.0 feet South of SPL of alley South of 36th Street 3619,44 1443.92 4o.4o 1793.48 987.99 14.00 1676.34 896.36 54.40 1676.34 986.36 54.40 4283.22 1610.76 80.8o 111.76 NS2016-45 35th Street from 11.5 feet West of the 7790.18 3758.35 EPL of Milwaukee Avenue to the WLL of Ironton Avenue NS2016-46 36th Street from ELL of Milwaukee 7651.72 4048.10 Avenue to WLL of Ironton Avenue 14.00 1920 '2 7 J974 NS2016-47 Milwaukee Avenue from 7.0 feet North of NPL of alley North of 35th Street to 7.0 feet South of SPL of alley South of 36th Street (Concrete Only) NS2016-48 LaSalle Avenue from the SLL of 35th Street to NLL of 36th Street NS2016-49 LaSalle Avenue from the SLL of 36th Street to 7.0 feet South of SPL of alley South of 36th Street NS2016-50 Juneau Avenue from SLL of 35th Street to NLL of 36th Street NS2016-52 34th Street from 16.0 feet West of WPL of LaSalle Avenue to 621.0 feet East of centerline of Iron- ton Avenue (Concrete Only) NS2016-52A Drainage channels from ditchline 460.37 on North side of 34th Street b Lake 40 532.26 60.60 1008.20 571.92 40.40 512.00 317.38 40.40 52.54 955.65 571.92 40.40 52.54 1332.68 150.60 12.05 215.45 TOTALS 460. 37 30,9 -57 1� 9F0_._05 0$ 5. $5 D 67N+ 1920 COST DISTRIBUTION Unit & Contract Property Sub -Unit Cost Owner Cost NS2016-40 $10,972.23 $10,972.23 NS2016-41 5,972.22 5,972.22 NS2016-42 5,870.92 5,870.92 NS2016-43 6,830.92 6,830.92 NS2016-44 13,989.73 13,989.73 NS2016-45 24,401.62 24,401.62 NS2016-46 24,6i9.00 24,619.00 NS2016-47 1,653.40 11653.40 NS2016-48 3,666.05 3,666.05 NS2016-49 2,528.03 2,528.03 NS2016-50 3,998.08 3,998.08 NS2016-52 4,130.30 4,130.30 NS2016-52A 3,193.78 3,193.78 TOTALS $111,826.28 $111,826.28 CONSOLIDATED FINAL ESTIMATE Park Lorraine Addition Lots 1-156 and Tract A COST ESTIMATE 30,966.57 S.Y. Paving 6" Base @ $2.08 $64,410.47 16,980.05 L.F. Curb & Gutter, 6" @ $2.15 $36,507.12 805.85 S.Y. Ailey Return @ $8.40 $ 6,769.14 216.84 S.Y. Valley Gutter @ $8.40 $ 1,821.46 1920 L.F. Alley Grading @ $0.50 $ 960.00 460.37 L.F. Curb C Gutter, 12" @ $2.95 $ 1,358.09 CONTRACT COST $111,826.28 74-33-258-689 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, (25) Councilman West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize water line repair and improvements ahead of widening U.S. 62 (Brownfield Highway) from 19th Street to Quaker Avenue at a cost of $28,000 to be funded from the operating budget. 74-33-258-690 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, (26) 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 SUPPLEMENTAL AGREEMENT No. 1 to License No. FA73SW- 1029 between the City of Lubbock and the United States of America attached herewith which shall be spread.upon the minutes of the Council and as spread upon the minutes of this Council shall constitute aid be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of June, 1974. li, I /s/ ROY BASS, MAYOR ATTEST: 29 JUN 2 7 191 /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Copy of Supplemental Agreement is set in on page 259a. 74-33-259-691 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (27) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RFgni 11TION 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 Pipe Line License Agreement between the City of Lubbock and the Atchison, Topeka and Santa Fe Railway Company, 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 27th day of June, 1974. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney PIPE LINE LICENSE THIS LICENSE, Made this 7th day of June, 1974, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF LUBBOCK, a Municipal corporation (hereinafter, whether one or more, called "licensee"), party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain one (1) pipe line, 25 feet in length and 6 (O.D.) inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of Lubbock, Lubbock County, Texas the exact location of the PIPELINE being more particularly shown by red. coloring upon the print hereto attached, No. DEOA-9472, dated June 6, 1974, marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensesshall pay Licensor as compensation for this license the sum of One and No/100ths Dollars ------------- ($1.00). 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief engdneer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE fora 1, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and thereafter maintained in con- formity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself perform such work as it deelrbnecessary for the safe operation of its railroad, and in -. such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, re- sulting in any manner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, 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. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this license. 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in 260 JUN 2.7 1974 writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein pro- vided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is re- moved and the right of way and track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the pre- mises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said Premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recur- ring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at P. O.Box 2000, Lubbock, Texas 79457• Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, post- age prepaid, addressed to Li.censor's Division Superintendent at 900 Polk Street, Amarillo, Texas 79171. 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (Licensor) Approved as to Description: For AGM -Engineering By K. C. May Its Superintendent CITY OF LUBBOCK By RoX Bass, Ma o r Licensee 74-33--260-692 Ntion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, (28) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6927 on first reading. ORDINANCE NO. 6927 AN ORDINANCE ABANDONING AND CLOSING THREE (3) UNDERGROUND STREET LIGHT EASEMENTS LOCATED RESPECTIVELY WITHIN PARTS OF LOTS 252,254, AND 257 OF "MELONIE PARK SOUTH 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. 74-33-260-693 The City Council considered an amendment to Ordinance No. 6744 regarding downtown parallel (29) parking. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, Councilman Henry voting Nay to pass Ordinance No. 6928 on first reading and incorporate the letter from John J. Conrado of the Federal Highway Administration into the minutes. Councilman Henry stated that the discrepancies in the letters from the State Highway Department and the Federal Highway Administration should be clarified. Mayor Bass asked Council- manHenry to correspond with Congressman Mahon's office to clarify these discrepancies. ORDINANCE NO. 6928 AN ORDINANCE AMENDING ORDINANCE NO. 6744 OF THE CITY OF LUBBOCK BY PROVIDING FOR PARALLEL PARKING ON CERTAIN STREETS; PROVIDING FOR ANGLE PARKING IN CONNECTION WITH RECESSED PARKING ON CERTAIN STREETS; DIRECTING THE CITY MANAGER TO PLACE SUITABLE MARKERS AND SIGNS TO INDICATE SUCH CHANGES; PRESCRIBING A PENALTY AND PROVIDING F(QR PUBLICATION. Texas T-900(2) Lubbock County Mr. B. L. DeBerry State Highway Engineer Austin, Texas 78701 May 8, 1974 In reply refer to 06-48.1 L Attention: Mr. Archie J. Sherrod Dear Sir: 26' JUN 2 7 197 Your March 11, 1974 letter submitted a proposal developed by District 5 recommending the elimination of some and retention of other angle parking in Lubbock. We had originally requested that angle parking be removed from the project area, in accordance with the City of Lubbock - Texas Highway Department agreement, prior to our acceptance of the project. I The disposition of the angle parking within the project area has been the subject of two meetings subsequent to the study by District 5. The first meeting held on April 8, 1974, i between the City of Lubbock, Texas Highway Department, and the Federal Highway Administration, was an attempt to resolve differences of opinion between the agencies participating concern- ing the elimination or retention of angle parking within the project area. A meeting was held on April 26, 1974, at the request of the local business interests, to allow them to present their concerns for the effect on the downtown businesses of the removal of angle park- ing. Represented at this meeting were the three agencies noted above as well as Downtown Lubbock, Inc.; Uptown, Inc.; and the Lubbock Chamber of Commerce. After careful review of the State's recommendations, the discussions at the two meetings and our general policy on angle parking, we have determined that some angle parking may remain within the project limits without jeopardizing Federal funding of the project. While angle parking generally inhibits capacity and safety, we recognize that there are d4mensional dif- ferences in the widths of some streets involved which reduce the detrimental effects to the poin that they are similar to those encountered with regular parallel parking. However, there are other locations where there is no mitigating circumstance and the retention of angle parking is considered an unreasonable hazard and therefore is unacceptable on Federally -funded projects. The results of our review and determination are given below: At those locations where your study indicates angle parking is to be eliminated, we concur on the basis that the elimination is essentialto capacity and safety. These locations are AvenL S immediately north of Sixth Street, Texas Avenue between 19th and 23rd Streets and 17th and 18th Streets, Main Street between Avenue G and Avenue M, Broadway from Avenue Q to Avenue S, 15th Street from Avenue Q to Paris Avenue, and 17th and 18th Streets from Texas Avenue to Avenue H. In certain locations where your study proposes that the angle parking should be retained, we con sider that it constitutes an undue hazard since there is virtually no separation between the traveled lane and the anglelarked vehicles. Angle parking should be prohibited in these areas. The locations involved are Avenue S, from 16th to 17th Street and lOth Street to Main Street, Texas Avenue from 18th to 19th Street, Avenue H from 13th to 14th Street, and Broadway from Avenue 0 to Avenue Q. In those areas where there is adequate room for a relatively safe maneuver from fiat angle parking, we agree that angle parking may be allowed provided it is restriped to 300. These locations are Avenue T from Main Street to Broadway, Avenue S from 18th to 19th Street; and Avenue G from 13 to l7th Street. Some areas, while not having as much room for a safe maneuver as those noted in the above paragraph, did contain a "buffer zone"' of 5't between the rear of the parked vehicle and the edge of the through traffic lane. The angle parking in these areas is still a hazard and inhibits capacity to some degree; however, we believe that with a change of angle to 300, it would not be significantly more hazardous than parallel parking. We therefore agree that angle parking can be allowed provided it is striped for 300. These locations are Avenue N from IOth Street to Main Street and 17th to 18th Street, Avenue H from 14th to 23rd Street, Broadway from Avenue T to Avenue S, and 16th Street from Avenue K to Avenue H (based on the condition that the certerline be offset between Avenue K and Texas Avenue). On Main Street between Avenue T and Avenue S, the angle parking is used only on Sunday for church parking. Since this is basically a residential area and the traffic on Sunday has different characteristics, it is satisfactory for this angle parking to remain. Our acceptance of the project on the above bases is subject to a commitment by the City of Lubbock that the angle parking will be striped and maintained at 300 where indicated, and that other controls noted willbe initiated and enforced. The City should be further advised that we will reconsider any location where changes are proposed which would alter the physi- cal conditions at the location so they are similar to locations accepted above for angle parking. Examples of possible changes would be restriping low volume streets for 2 in lieu of 4 lanes, elimination of parking from one side of street and the shifting of lane lines, and the deepening of recesses. We request that you take appropriate steps to resolve this matter in order that we may accept the project as complete. S i ncerely yours , /s/ John J. Conrado Division Engineer 74-33-261-694 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor 00) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6929 on first reading. ORDINANCE N0. 6929 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "PUBLIC AMUSEMENTS", BY AMENDING SECTION 26-2.1 THEREOF PROVIDING FOR INSPECTION AND APPROVAL BY CITY BUILDING, FIRE AND ZONING OFFICIALS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 262 N 2 7 1974 74-33-262-695 The City Council considered the current status of the U-Can Project. After consideration of all (35) information presented, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, Council - Man West voting Nay to extend this project for three months. 74-33-262-696 Motion was made by Councilman West, seconded by Councilman Henry motion carried, Mayor Bass, (33) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize the City of Lubbock to submit application for a grant under the Intergovernmental Personnel Act. These funds will be used in improving the personnel system of the City of Lubbock. 74-33-262-697 The City Council considered the cbim of Gary Don Barrow in the amount of $3,000 for damages to (36) his automobile caused by an automobile collision due to a defective turn signal. After con- sideration of all information presented, motion was made by Councilman West, seconded by Council- man Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Cambpeil voting Yea, none voting Nay to deny this claim. 74-33-262-698 The City Council considered the claim of Mrs. Hazel B. Rike in the amount of $432 for damages (36a) to concrete drive. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to deny this claim. 74-33-262-699 (37) SUMMARY OF GRANT PROPOSAL FOR POLICE RADIO PROGRAM Original Proposal Revised Proposal City Manager April, 1973 October, 1973 Recommendation Units Total Cost Units Total Cost Units Total Cost I. Police Department A. Funded Items System Equipment $52,845 $ 79,699 $ 79,699 Car Radio Units 74 59,200 100 115,700 80 92,560 Portable "Walkie Talkie" 18 18,000 65 54,990 50 42,300 Total Funded $130,045 $250,389 $214,599 B. Non Funded Items EOC Console 1 6,200 1 7,710 1 7,710 Identifier 1 26,442 Total Non Funded $ 6,200 $ 34,152 $ 7,710 C. Total System Value (A+B) 136,245 284,540 222,269 D. Cost to City: Funded Items 15% 19,506 25% 62,597 25% 53,650 Non Funded Items 6,200 34,152 7,710 Total Cost to City Police Department $25,706 $ 96,749 $ 61,360 II. Other Departments -Non Funded A. Car Radio Units Council & Manager 10 11,570 Traffic 7 8,099 Civil Defense 1 1,157 Safety 1 1,157 Radio Shop 1 1,157 B. Portable Units Fire 4 3,384 Civil Defense 1 846 Total Cost to other City Departments $27,370 III. Complete Cost to City I & II $88,730 Motion was made by Councilman West, seconded by Councilman Henry, motioncarried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the above proposal of the police radio program with the exception that 65 portable "walkie talkie" units be ordered instead of the 50 recommended and. that an order be placed now for the identifier at a cost of $26,442 to be paid for out of the 1974-197 buc�e d to autthgrize a budget supplement in the amount of $91 ,917 to supplement the �o 1i ce an4 va lZus�budgeis for the C i ty's portion of the cost for the police radio program (excluding the identifier). 74-33-262-700 The City Council considered contacting Texas Tech University regarding selection of an engineer- (38) ing firm to go forward on Indiana Avenue. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Coun•ciimen West, Jordan, Henry and Campbell voting Yea, none voting Nay to defer action on this item until the July 11 City Council Meeting. 74-33-262-701 The following bids were received for the purchase of furniture for the police training building, (39) being Bid No. 2953. Bid Tabulation set in Bid Book. 2: J UN 2 7 1974 After consideration of all bids ,received, 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 to accept the bid of Thomas Office Furniture for furniture for the police training building. 74- 33-263- 702 The following bids were received for the purchase of malathionfor the Health Department (40) and aluminum sulfate for the Water Treatment Plant, being Bid No. 2956. 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, Henry and Campbell voting Yea, none voting Nay to accept the bid of Russ Chemical Co. for the purchase of aluminum sulfate and accept the bid of Tri-State Chemical for the purchase of malathion. 74-33-263-703 The following bids -were received for the purchase of electric meter pedestals, being Bid No. (41) 2957. 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, Henry and Campbell voting Yea, none voting Nay to accept the bid of Mosher Steel Co. for the purchase of electric meter pedestals. 74-33-263-704 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (42) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint Bill Pittman and Charles Lee, and appoint Oscar Crain as members of the Lubbock Citizens' Traffic Commission. These terms are for three years and will expire July 13, 1977. 74-33-263-705 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (43) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint J. Ray Dickey to the Canadian River Municipal Water Authority. This term is for two years and will expire July 31, 1976. 74-33-263-706 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (44) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following members be appointed jointly by the City Council and the Board of Trustees of the Lubbock Independent School District to serve on the Tax Board of Equalization: Connie Britt Lenin Juarez Allan Rosen Jerry Aker Otha Key Roger Battistoni John R. Hal 1 , Jr. Haskell Speer Clarence Ervin Froy Salinas Berwyn Tisdel Cam Fannin These terms are for three years, but the original terms wilibe staggered. 74-33-263-707 Motion was made by Councilwoman Jordan, saconded by Councilman West, motion carried, Mayor (45) Bass, 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 restrictive covenant instrument making the sale, lease, mortgaging or creating of other indebtedness or other transfer of all or any part of tracts of land located in the Canyon Ickes Project area in cooperation with the open spaces program of the Department of Housing and Urban Development of the United States Government covering: Area 1, Parcel 1; Area 1, Parcel 2; Area 1, Parcel 4; Area 1, Parcel 5; Area 3, Parcels 4, 5 & 6; Area 4, Parcel 1; Area 7, Parcels 1, 2, 3, 4, 5, 6, 7, 13 &19; Area 7, Parcel 8; Area 7, Parcels 9, 10, 11 & 12; Area 7, Parcel 18; Area 7, Parcel 20 and Area 10, Parcel ]A; subject to the prior approval of the secretary of said federal department in each such instance; 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 27th day of June, 1974. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney DEED RESTRICTIONS THE STATE OF TEXAS X COUNTY OF LUBBOCK X 264 UK £ 7 1974 The City of Lubbock, Lubbock County, Texas, a Texas Home rule Municipality, herein called "CITY" in consideration of compliance with rules and regulations of the Department of Housing and Urban Development of the United States Government, herein called "HUD", and at the special instance and request of HUD and in furtherance of the open spaces purposes and/or programs of said federal department, the City of Lubbock as owner of the tracts of land herein described does hereby impress the following restrictive covenant to run with the tracts or parcels of land hereinafter described, to -wit: RESTRICTIVE COVENANT "THE SALE, LEASE, MORTGAGING OR CREATING OF OTHER INDEBTEDNESS OR OTHER TRANSFER OF ALL OR ANY PART OF THE REAL ESTATE HEREINAFTER DESCRIBED OR ANY INTEREST THEREIN IS SUBJECT TO THE PRIOR APPROVAL OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES GOVERN- MENT OR HIS SUCCESSORS IN OFFICE AND/OR AUTHORITY IN THE PREMISES." Said restrictive covenant next -above set forth shall apply to all land transactions (as set forth above) affecting all or any part of the following described tracts of land located in Lubbock County, Texas, to -wit: AREA 1 PARCEL 1 All of Block Six (6) of Hillside Addition Number Two (2), an addition to the City of Lubbock, Lubbock County, Texas, as per the plat and dedication thereof recorded in Vol. 479, Page 208, et seq., Deed Records of Lubbock County, Texas; and being out of Section 17, Block A, Lubbock County, Texas, and said land being described by metes and bounds as follows: BEGINNING at a point 1051.75 feet South and 685.1 feet West of the Northeast corner of Sec- tion 17, Block A, Lubbock County, Texas; THENCE South 890 47' West a distance of 686.2 feet to the Northwest and beginning corner of this tract, and which point is the Northwest corner of said Block 6, Hillside Addition No. 2, in accordance with the plat above referred to; THENCE South 317.187 feet; THENCE North 890 47' East, a distance of 311 feet; THENCE Northwesterly around a curve to the right in the west R-O-W line of Hillside Drive as shown on said plat a distance of 204.903 feet; THENCE North 310 14' 54'' West a distance of 100 feet; THENCE Northwesterly around a curve to the right in the West R-O-W line of said Hillside Drive a distance of 67.4 feet (chord); THENCE South 890 47' West, a distance of 117.3 feet to the PLACE OF BEGINNING AREA 1 PARCEL 2 BEGINNING. at the Southwest corner of Block 6 and the Northwest corner of Block 7; Hill- side Addition No. 2 for the Northwestand beginning comer of this tract, whence the North- west corner of the Southwest 1/4 of Section 17, Block A bears South 1264.74 feet and West 3900.8 feet; THENCE North 880 27' East 311.0 feet to a found iron rod in the West line of Hillside Drive for the Northeast corner of this tract; THENCE South 470 32' 45" East along the West line of Hillside Drive a distance of 20.7 feet to a found iron rod for the P. C. of a curve to the right and for a corner of this tract; THENCE Southeasterly around the arc of a curve to the right, whose radius is 57.4 feet, a distance of 26.6 feet to a found iron rod in the West line of Hillside Drive for the P. T. of said curve and for a corner of this tract; THENCE South 270 42' East along the West line of Hillside Drive a distance of 125.0 feet to a found iron rod for the P. C. of a curve to the right and a corner of this tract; THENCE Southeasterly around the arc of a curve to the right, whose radius is 355.6 feet, a distance of 171.9 feet to a found iron rod in the West line of Hillside Drive for the P. T. of said curve and for a corner of this tract; THENCE South along the West line of Hillside Drive a distance of 123.4 feet to an iron rod set for the P.C. of a curve to the right aid for a corner of this tract; THENCE around the arc of a curve to the right, whose radius is 5.3 feet, a distance of 9.07 feet to an iron rod set in the North line of Oberlin Street for the P.T. of said curve, for the P.C. of a curve to the left and for a corner of this tract; THENCE Southwesterly around the arc of a curve toihe left, whose radius is 217.79 feet, a distance of 264.94 feet to a found iron rod in the West line of Oberlin Street, for the P. T. of said curve, the P. C. of a curve to the left and a corner of this tract; THENCE Southwesterly around the arc of a curve to the left, whose radius is 752.46 feet, a distance of 110.4 feet to a found iron rod in the West line of Oberlin Street for the Southeast corner of this tract; f 4' JUN 2 7 197 THENCE North 800 33' West 209.0 feet to an iron rod set for the Southwest corner of this tract; THENCE North 633.74 feet to the PLACE OF BEGINNING Containing 5.506 Acres. AREA 1 PARCEL 4 Field notes for a tact of land out of section 17, Block A, Lubbock County, Texas and being more particularly described as follows: BEGINNING at an iron rod set in the West line of Block 7, Hillside Addition No. 2 for the Southeast and beginning corner of this tract, whence the Northwest corner of the Southeast 4 of Section 17, Block A bears South 1200.0 feet and West 3900.8 feet; THENCE West 503.8 feet to an iron rod set for a corner of this tract; THENCE North 40° 48' 30" East 99.0 feet to an iron rod set for a corner of this tract; THENCE North 700 13' West 368.4 feet to an iron rod set for the Southwest corner of this tract; THENCE North 550.09 feet to an iron rod set for the Northwest corner of this tract; THENCE South 670 20' East 420.2 feet to an iron rod set for the P. C. of a curve to the right and a corner of this tract; THENCE Southeasterly around the arc of a curve to the right, whose radius is 872.07 feet, a distance of 527.64 feet to an iron rod set in the West line of Block 6, Hillside Addition No. 2, for the P. T. of said curve and the Northeast corner of this tract; THENCE South at 187.36 feet pass the Southwest corner of Block 6 and the Northwest corner of Block 7, Hillside Addition No. 2, continuing for a total distance of 252.1 feet to the place of beginning. Containing 9.047 acres. AREA 1 PARCEL 5 TRACT 1 (Containing 10.944 acres) Field Notes on a tract of land out of Section 17, Block A, Lubbock County, Texas and being more particularly described as follows: BEGINNING at an iron rod set for the Southeast and beginning corner of this tract, whence the Northwest corner of the Southwest � of Section 17, Block A bears South, 1399.7 feet and West, 3115.0 feet; THENCE North 700 36' West, 356.3 feet to an iron rod set for a corner of this tract; THENCE North 890 47' West, 318.2 feet to an iron rod set for the South -Southwest corner of this tract; THENCE North 00 15' 30" East, 308.5 feet to an iron rod set for an "L"-corner of this tract; THENCE North 890 49, West, 237.1 feet to an iron rod set for the North -Southwest corner of this tract; THENCE North 280 29' West, 94.8 feet to an iron rod set for a corner of this tact; THENCE North 550 18' 30" West, 117.5 feet to a found concrete R.O.W. marker in the South line of Loop 289, for the Northwest corner of this tract; THENCE North 370 07' East, along the South R.O.W. line of Loop 289, a distance of 776.2 feet to an iron rod set for the North -Northeast corner of this tract; THENCE South 480 38' East, 385.1 feet to an iron rod, the South -Northeast corner of this tract; THENCE South 550.09 feet to the PLACE OF BEGINNING, TRACT II (Containing 18.051 acres) Field Notes on a tract of land out of Section 17, Block A, Lubbock County, Texas and being more particularly described as follows: BEGINNING .at an iron rod set for the Southwest and beginning corner of this tract, whence the Northwest corner of the Southwest k of Section 17, Block A bears West, 3035.8 feet; THENCE North 200 21' 30" East, 922.5 feet to an iron rod set for a corner of this tract; THENCE North 70 02' 45" East, 338.0 feet to an iron rod set for the Northwest corner of this tract; THENCE East, 503.8 feet to an iron rod set in the West line of Block 7, Hillside Addition No. 2, for the Northeast corner of this tract; THENCE South, 1200.0 feet to a found iron rod, the Southeast corner of this tract; 266 Jh g 7 1974 THENCE West, 865.0 feet to the PLACE OF BEGINNING. AREA 3 PARCELS 4, 5, and 6 All of that part of Block 83 of the Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, lying west of the Pecos and North Texas Railroad right-of-way;(now the Panhandle and Santa Fe Railroad) such part of Block 83, including all of Blocks 1, 2 and 3 of the Pierce Addition the City of Lubbock, Lubbock County, Texas, and being more particularly described as follows, to -wit: BEGINNING at a 3/8 inch iron rod set in the East line of North Avenue S for the North -South- west and beginning corner of this tract, whence the Southwest corner of Block 83, Roberts & McWhorter Addition bears West 25.0 feet and South 75.0 feet; THENCE North along the East line of North Avenue S a distance of 585.0 feet to a 3/8 inch iron rod set in the North line of Block 83 for the Northwest corner of this tract; THENCE East along the North line of Block 83 a distance of 511.54 feet to a 3/8 inch iron rod set for the Northwest corner of a 50 feet x 50 feet city tract and the North -Northeast cornercf this tract; THENCE South Oo 09' East along the west line of a 50 feet x 50 feet city tract a distance of 50.0 feet to a 3/8 inch iron rod set for an inside corner of this tract; THENCE East along the South line of a 50 feet x 50 feet City tract a distance of 50.0 feet to 3/8 inch iron rod set in the West R.O.W. line of the P & S.F. RR for the South -Northeast corner of this tract; THENCE South 0009' East along the West R.O.W. line of the P. & S.F. RR a distance of 585.0 feet to a 3/8 inch iron rod set in the North line of Cornell Street for the Southeast cor- ner of this tract; THENCE West along the North line of Cornell Street a distance of 420.4 feet to a 3/8 inch iron rod set in the East line of Lot 1, Ran Smith Addition, Installment No. 3 and for the South -Southwest corner of this tract; THENCE North along the East line of Lot 1, Ran Smith Addition, Installment No. 3, a distance of 50.0 feet to a 3/8 inch iron rod set for the Northeast corner of Lot 1, Ran Smith Addi- tion, Instalment No. 3 and for a corner of this tract; THENCE West 142.8 feet to the PLACE OF BEGINNING. AREA 4 PARCEL 1 BEGINNING at a "T" rail, the Southeast corner of Tract Two, McAdams-Lokey Subdivision of the West one-half of said Section Eighty (80), Block A, Lubbock County, Texas, said tract two (2) was surveyed by Sylvan Sanders, by plat recorded in Vol. 251, Page 69, of the Deed Records of Lubbock County, Texas, to which reference is here made; THENCE West 300 feet to the center of creek channel and the Southeasterly corner of tract here conveyed; THENCE North 62 degrees 31 minutes West along the center of said creek channel 408.6 feet; THENCE North 30 degrees 22 minutes West a distance of 120.5 feet along said channel center line; THENCE North 52 degrees 40 minutes West a distance of 80 feet to..a point of intersection of said creek channel center line with the extension or projection of the Southeast line of Lot Five (5), Block Three (3), Rio Vista Addition to the City of Lubbock, Lubbock County, Texas, said point being the Northeasterly corner of tract here conveyed; THENCE Southwesterly a distance of 270 feet, more or less, along said Southeast line of said Lot Five (5), Rio Vista Addition extended to center of creek channel to a point 15 feet Northeast of the most Easterly North corner of Lot Five (5) Rio Vista Addition; THENCE Southeasterly along the Rio Vista Addition 55.3 feet; THENCE East 108.2 feet; THENCE South 15 feet; THENCE East 70 feet; THENCE South 125 feet; THENCE East 477.7 feet to the PLACE OF BEGINNING. AREA 7 PARCEL 1 A tract of land out of Section Three (3), Block 0, Lubbock County, Texas, described by metes and Bounds as follows: Li. G BEGINNING at a 3/8" iron rod set for the Southwest and beginning corner of this tract, whence the Northeast corner of Section 3, Block 0, bears North 318.0 feet and East 1760.0 feet; AS I° JUN 2 7 THENCE East 562.17 feet to a 3/8" iron rod set for the Southeast corner of this tract; THENCE North 48.39 feet to a concrete R.O.W. monument in the South R.O.W. line of Park- way Drive for the Northeast corner of this tract; THENCE South 880 16' West 258.5 feet to a found concrete R.O.W. monument in the South R.O.W. line of Parkway Drive for a corner of this tract; THENCE South 830 07' West along the South R.O.W. line of Parkway Drive a distance of 306.0 feet to a point for the Northwest corner of this tract, whence a concrete R.O.W. monument bears South 830 07' West 2.2 feet; THENCE South 3.9 feet to the PLACE OF BEGINNING. AREA 7 PARCELS 2, 3, 4, 5 6, 7 Field notes on a tract of land out of Section 3, Block 0, Lubbock County, Texas and being more particularly described as follows: Beginning at a 3/8 inch iron rod set in the South line of Parkway Drive and the West line of Oak Avenue from the Northeast and beginning corner of this tract; whence the North- east corner of Section 3, Block 0 bears North 148.99 feet and East 580.0 feet; Thence South along the West line of Oak Avenue a distance of 447.01 feet to a 3/8 inch iron rod set for a corner of this tract; Thence West 50.0 feet to a 3/8 inch iron rod set for a corner of this tract; Thence South 125.0 feet to a 3/8 inch iron rod set for a corner of this tract; Thence East 50.0 feet to a 3/8 inch iron rod set in the West line of Oak Avenue for a corner of this tract; Thence South along the West line of Oak Avenue at 535.5 feet pass a 3/8 inch iron rod, continuing for a total distance of 785.5 feet to a 3/8 inch iron rod set for a corner of this tract; Thence West at 47.5 feet pass a 3/8 inch iron rod, continuing for a total distance of 227.0 feet to a 3/8 inch iron rod for a corner of this tract; Thence South at 34.5 feet pass a 3/8 inch iron rod, the Northwest corner of Lot 4, Block 6, Rhyne Simpson Quirt Avenue Addition to the City of Lubbock, continuing for a total distance of 155.5 feet to a 3/8 inch iron rod set in the North line of 9th Street for a corner of this tract; Thence West along the North line of 9th Street at 30.0 feet pass a 3/8 inch iron rod, at 239.25 feet pass a 3/8 inch iron rod, continuing for a total distance of 510.5 feet to a 3/8 inch iron rod set for a corner of this tract; Thence South 50.1 feet to a 3/8 inch iron rod set for a corner of this tract; Thence East along the South line of 9th Street at 1.8 feet pass a found 3/4 inch iron pipe, continuing for a total distance of 271.25 feet to a 3/8 inch iron rod set for a corner of this tract; Thence South 418.5 feet to a 3/8 inch iron rod set in the North line of East Main Street for a corner of this tract; Thence West along the North line of East Main Strel a distance of 271.25 feet to a 3/8 inch iron rod set for a corner of this tract; Thence South 504.85 feet to a 3/8 inch iron rod set in the North line of East Broadway for the Southeast corner of this tract; Thence South 870 55' West along the North line of East Broadway a distance of 19.0 feet to a concrete R.O.W. monument; Thence South 870 38' West along the North line of East Broadway a distance of 11.0 feet to a 3/8 inch iron rod set for a corner of this tract; Thence North 46.7 feet to a 3/8 inch iron rod set for a corner of this tract; Thence West 26.0 feet to a point for a corner of this tract; Thence North at 136.0 feet pass a found bolt, continuing for a total distance of 286.0 feet to a found 3/4 inch iron pipe for a corner of this tract; Thence West 140.0 feet to a found 3/4 inch iron pipe for a corner of this tract; Thence South at 150.0 feet pass a found 3/4 inch iron pipe, continuing for a total distance of 282.9 feet to a 3/8 inch iron rod set for a corner of this tract; Thence South 890 50' West at 105.0 feet pass a 3/8 inch iron rod for the Northeast corner of Lot 1, Valley Haven Addition, at 644.0 feet pass a 3/8 inch iron rod in the North line of Lot 1, Valley Haven Addition, continuing for a total distance of 1117.4 feet to a 3/8 inch iron rod for the Northwest corner of Lot 1, Valley Haven Addition and a corner of this tract; 9 1N 2 7 1974 Thence South 00 10' East along the West line of Lot 1, Valley Haven Addition at 5.0 feet pass a 3/8 inch iron rod, continuing for a total distance of 101.31 feet to a point for a corner of this tract; Thence South 870 29' West 16.4 feet to a found 1/2 inch iron rod, the Southeast corner of Lot 1, Brownlow Addition and a corner of this tract; Thence North 330 07' West along the Easterly line of Lot 1, Brownlow Addition 84.7 feet to a point for a corner of this tract; Thence North 730 44' West along the Northeasterly line of Lot 1, Brownlow Addition 46.4 feet to a found 1/2 inch iron rod for a corner of this tract; Thence South 860 36' West along the North line of Lot 1, Brownbw Addition 125.3 feet to a found 1/2 inch iron rod for a corner of this tract; Thence North 170 44' West along Lot 1, Brownlow Addition 90.3 feet to a found 1/2 inch iron rod for a corner of this tract; Thence South 87016' West along the North line of Lot 1, Brownlow Addition 100.0 feet to a 3/8 inch iron rod set for the Northwest corner of Lot 1, Brownlow Addition and the Southwest corner of this tract; Thence North 1278.06 feet to a 3/8 inch iron rod set for the South -Northwest corner of this tract; Thence East at 832.76 feet pass a 3/8 inch iron rod, continuing for a total distance of 1230.26 feet to a 3/8 inch iron rod for a corner of this tract; Thence North 938.5 feet to a 3/8 inch iron rod set for the North -Northwest corner of this tract; Thence East 562.17 feet to a 3/8 inch iron rod set for a corner of this tract; Thence North 48.39 feet to a concrete R.O.W. monument in the South line of Parkway Drive for a corner of this tract; Thence North 790 22' East along the South line of Parkway Drive a distance of 569.2 feet to a concrete R.O.W. monument for a corner of this tract; Thence North 750 03' East along the South line of Parkway Drive a distance of 60.45 feet to the place of beginning. Coniaining 85.789 Acres Area 7 Parcels 13 and 19 A tract of land lying and being situated in Lubbock County, Texas, being a part of Survey 3, Block 0, Certificate 537, E. L. & R.R.R.R.Ry. Co. Survey in Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a state 1267.5 feet south and 1317.5 feet west from the Northeast corner of said survey; THENCE West 1667.9 feet west to stake; THENCE South 1322,5 feet to stake; THENCE East 1667.9 feet to stake; THENCE North 1322.5 feet to the PLACE OF BEGINNING. LESS AND EXCEPT the following described tracts of land to -wit: 1. A tract of land described in warranty deed from W. K. Dickinson, Sr., to A. E. Shireman dated July 5, 1924, recorded in Vol. 89, page 86, Deed Records, Lubbock County, Texas. 2. All of Valley Haven Addition to City of Lubbock, Lubbock County, Texas. 3. A tract of land described in warranty deed from A. E. Whitehead et ux to J. A. Burch dated August 27, 1958, recorded in vol. 707, page 29, Deed Records, Lubbock County, Texas. 4. A tract of land described in deed from Vallie Whitehead to R. L. Hagan dated November 16, 1960, recorded in vol. 828, page 295, Deed Records, Lubbock County, Texas. 5. That portion of insured tract that lies within public street, including East Broadway. AREA 7 PARCEL 8 That part of the Southeast 1/4 of the Northeast 1/4 of Section 3, Block 0, described by metes and bounds as follows: BEGINNING at a point in the Northeast corner of said Section 3, Block 0; THENCE South along the East line of said Section 3, a distance of 1713 feet; THENCE West 837 feet to the Northeast and beginning corner of the tract herein conveyed; JUN 2 7 19i r r F 1 THENCE South 418.5 feet to a point for the Southeast corner of this tract; THENCE West 209.25 feet to a point for the Southwest corner of this tract; THENCE North 418.5 feet to a point for the Northwest corner of this tract; THENCE East 209.25 feet to the BEGINNING and Northeast corner of this tract. AREA 7, PARCELS 9, 10, 11, 12 Field notes on Lots 1,2,3, & 4, Block 6, Rhyne Simpson Quirt Avenue Addition to the City of Lubbock, Lubbock County, Texas and being more particularly described as follows; Beginning at a 3/8 inch iron rod set in the West line of Oak Avenue and the North line of 9th Street for the Southeast corner of Lot 1 and the Southeast and beginning corner of this tract, whence a found 3/4 inch iron pipe for the Southwest corner of Lot 11, Block 5 bears East 50.0 feet; Thence West along the North line of 9th Street at 56.75 feet pass a 3/8 inch iron rod for the Southwest corner of Lot 1 and the Southeast corner of Lot 2, at 113.5 feet pass a 3/8 inch iron rod for the Southwest corner of Lot 2 and the Southeast corner of Lot 3, at 170.25 feet pass a 3/8 inch iron rod for the Southwest corner of Lot 3 and the Southeast corner of Lot 4, continuing for a total distance of 227.0 feet to a 3/8 inch iron rod set for the Southwest corner of Lot 4 and the Southwest corner of this tract; Thence North 125.0 feet to a 3/8 inch iron rod set for the Northwest corner of Lot 4 and the Northwest corner of this tract; Thence East at 56.75 feet pass a 3/8 inch iron rod for the Northeast corner of Lot 4 and the Northwest corner of Lot 3, at 113.5 feet pass a 3/8 inch iron rod for the Northeast corner of Lot 3 and the Northwest corner of Lot 2, at 170.25 feet pass a 3/8 inch iron rod for the Northeast corner of Lot 2 and the Northwest corner of Lot 1, continuing for a total distance of 227.0 feet to a 3/8 inch iron rod set in the West line of Oak Avenue for the Northeast corner of Lot 1 and the Northeast corner of this tract; Thence South along the West line of Oak Avenue a distance of 125.0 feet to the place of beginning. Containing 0.652 Acres AREA 7 PARCEL 18 Field notes on Lot-1, Valley Haven Addition, to the City of Lubbock, Lubbock County, Texas and being more particularly described as follows; Beginning at a 3/8" iron rod set in the North line of Lot i Valley Haven Addition for the beginning corner of this tract, whence the Northeast corner of Section 3, Block 0 bears North 2588.66 feet and East 2157.5 feet; Thence South 890 50' West along the North line of Lot 1 Valley Haven Addition 473.4 feet to a 3/8" iron rod set for the Northwest corner of Lot 1 Valley Haven and the Northwest corner of this tract; Thence South 00 10' East at 5.0 feet pass 3/8" iron rod, continuing for a total distance of 102.34 feet to a point for the Southwest corner of Lot 1 Valley Haven and the Southwest corner of this tract; Thence North 870 19' East at 96.8 feet pass a found 1" iron pipe continuing for a total distance of 182.2 feet to a found I" iron rod for a corner of Lot i Valley Haven Addition and a corner of this tract; Thence North 870 38' East along the South line of Lot 1 Valley Haven Addition 903.0 feet to a 3/8" iron rod set for the Southeast Corner of Lot 1 Valley haven and the Southeast Corner of this tract; Thence North 500 29' West 93.46 feet to a 3/8" iron rod set for the Northeast corner of Lot 1, Valley Haven Addition and the Northeast corner of this tract; Thence South 890 50' West along the North line of Lot 1 Valley Haven Addition, 539.00 feet to the place of beginning. Containing 1.957 acres AREA 7 PARCEL 20 Field Notes on Lot 1 Brownlow Addition to the City of Lubbock, Lubbock County, Texas and being more particularly described as follows; Beginning at a 3/8"iron rod the Northwest corner of Lot 1, Brownlow Addition for the Northwest and beginning corner of this tract, whence the Northeast corner of Section 3, Block 0, bears North 2534.56 feet and East 2990.26 feet; Thence North 870 16' East 100.0 feet to a found P iron rod for a corner of this tract; Thence South 170 44' East 90.3 feet to a found I" iron rod for a corner of this tract; 270 jtj 2 7 1374 Thence North 86o 36' East 125.3 feet to a found P iron rod for a corner of this tract; Thence South 730 44' East 46.4 feet to a point for a corner of this tract; Thence South 330 07' East 84.7 feet to a found I" iron rod for a corner of this tract; Thence South 870 29' West 314.34 feet to a point for a corner of this tract, said point being the P.C. of a curve to the right; Thence Northerly around the arc of a curve to the right, whose radius is 28.0 feet, a dis- tance of 45.21 feet to the end of said curve, and a corner of this tract; Thence North 143.34 feet to the place of beginning. Containing 9.845 acres AREA 10 PARCEL IA I A tract of land out of Section 3, Block B, Lubbock County, Texas and being more particular- ly described as follows: BEGINNING at a 3/8 inch iron rod found in the North line of Section 3, Block B for the North - Northwest corner of this tract, whence the Northeast corner of Section 3, Block B bears East 2640.0 feet; THENCE North 890 48' East 371.2 feet to a 3/8 inch iron rod set for the Northeast corner of this tract; THENCE South 00 12' East 1883:73 feet to a 3/8 inch iron rod set for the Southeast corner of this tract; THENCE South 890 48' West 377.56 feet to a 3/8 inch iron rod found for the South -Southwest corner of this tract; THENCE North 00 12' West 830.0 feet to a 3/8 inch iron rod found for a corner of this tract; THENCE South 880 49' West 406.22 feet to a 3/8 inch iron rod found for the North -Southwest corner of this tract; THENCE North 00 12' West 400.7 feet to a 3/8 inch iron rod found for the South -Northwest corner of this tract; THENCE North 890 48' East 412.51 feet to a 3 inch pipe found for a corner of this tract; 0 THENCE North 00 12' West 660.0 feet to the PLACE OF BEGINNING. This restrictive covenant shall remain in effect until released of record by City at the special instance and request of HUD, or its successors or assigns, or released or record directly by HUD or its successors or assigns. In each such instance, said release may release all or any part of the real estate herein described from the application of the aforesaid restrictive covenant. Witness the hand of the City of Lubbock acting through its Mayor hereunto duly authorized, at Lubbock, Texas, this 27th day of June, 1974. /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney /s/ ROY BASS, MAYOR 74-33-270-708 Motion was made by Councilman Campbell seconded by Councilman West, motion carried, Mayor Bass, (19) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following re- solution be passed. n 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 a Cooperation Agreement between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock, for the Neighborhood Development 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 City Council this 27th day of June, 1974. /s/ ROY BASE, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney JUN 2 7 1 AMENDED 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 - FEBRUARY 1, 1974 TO DECEMBER 31, 1974 This Amended Cooperation Agreement made and entered into by and between the Urban Renewal Agency of the City of Lubbock, Texas (hereinafter called "Agency") and the City of Lubbock, a municipal corporation (hereinafter called "City"), the same to be substituted for and to take the place of that certain Cooperation Agreement entered into by and between the Agency and the City on January 10, 1974, W I T N E S S E T H: 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 end 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 Cf said City, the effective date of such approval being May 23, 1974, 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 those properties and improvements as provided in and by said Urban Renewal Plan;and WHEREAS, the Agency proposes to enter into an amended loan and grant contract with the Secretary of 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 dispostion of parcels within said project in the sum of: I. 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 $4, 341,744.00. 2. A project capital grant in the amount of at least $3,564,124.00. 3. A rehabilitation grant in the amount of at least $198,000.00. WHEREAS, the City desires to provide "Local Grants -in -Aid" in connection with said Project. 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 "Ex- hibit i," 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 Developement 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 $1-,779,062 and to cooperate otherwise in the undertaking and completion of said Neighborhood Development Program, 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 dedicate 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 accordance 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 City of Lubbock agrees to purchase and the Agency agrees to sell all of those certain parcels of real property identified on the disposition map, which is marked as "Exhibit A" and attached hereto and incorporated herein for all purposes, subject to the following terms and conditions: a. The City of Lubbock shall only be obligated to purchase those certain parcels of real property as are shown on the attached "Exhibit A," which have not been sold by the Agency for private redevelopment in accordance with the Urban Renewal Plan, by December 16, 1974, except as provided subsequently. In this connection, the Agency agrees to use every effort to effect the sale of those parcels as - are identified on the attached "Exhibit A," for private redevelopment, to pri- vate redevelopers, before the City will be obligated to purchase the said parcels prior to December 31, 1974. In determining which parcels the City of Lubbock will purchase from the Agency, the City shall be obligated to purchase all parcels which are not the subject of contracts of sale between the Agency and private redevelopers as of December 16, 1974, and the sale of said parcels to the City shall take place between December 16, 1974 and December 31, 1974. 12 27 1974 However, if by June 30, 1975, a private redeveloper, for any reason, has not consum- mated the purchase of a parcel previously contracted for, the City shall purchase the property under the same conditions as if the sale had not been contracted for prior to December 16, 1974. b. The estimate price which the City agrees to pay to the Agency for said parcels of real property is $114,905.00, based upon the estimated disposition price of each parcel of real property as set out in"Exhibit B," attached hereto, with the actual dispostion price of said properties to be determined by two independent appraisals secured by the Agency for the purpose of determining the market value of said properties for redevelop- ment in accordance with the Urban Renewal Plan. 5. 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 effectuating said Title prohibit discrimination on the grounds of race, color, religion, sex, or n1ional origin in the policies and practices of any public facility, educational institutions, or hospital responsible for pro- posed 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 Development 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 avail- able to and serve all persons without regard to race, color, religion, sex, or national origin. 6. 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 pay attached hereto as "Exhibit A" in dedication for public Right -of -Way for purposes of street reconstruction or widening. 7. The City hereby agrees to purchase, and the Agency agrees to sell disposition parcels 6C-1-1 and 6C-18-1 at a total estimated disposition price of $3,355.00; however, the actual purchase price which the City will pay to the Agency shall be determined by two independent appraisals secured by the Agency, with the sale of the said parcels to be effected on or before December 31, 1974, or as soon thereafter as is reasonably possible. EXECUTED IN DUPLICATE on this 27th day of June, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM AND LEGALITY: /s/ Fred 0. Senter, Jr., City Attorney ATTEST: Secretary CITY OF LUBBOCK By /s/ ROY BASS, MAYOR URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK BY Chairman of the Board 4-33-272-709 The City Council discussed reappraisal of shopping centers. John Brooks, Tax Assessor -Collector, (32) appeared before the City Council in regard to this item. After consideration of all information presented, it was unanimously agreed by the City Council to instruct John Brooks to set up a meeting between the School Board and the Liason Committee of the City of Lubbock, in order to discuss this reappraisal of shopping cermrs. 4-33-272-710 The City Council considered the passage of Ordinance No. 6916 on second and final reading, amend- (14) ing Chapter 11 of the Code of Ordinances entitled "Electricity" by amending Section 11-i provid- ing for a fuel cost adjustment and amending Section 11-1 providing for rates for electric ser- vice. Gene Alderson, Chairman of the Electric Utilities Board, appeared in support of the passage of this Ordinance. Bill Wood, Director of Utilities for the City of Lubbock, and Carroll McDonald of Southwestern Public Service , also appeared in support of the passage of this ordinance. Mayor Bass read the names of three persons who had phoned him opposing this increase in electric rates. Major Philip Ki rcus, representing Castle Gardens Apartments, appeared re- questing provisions be made for the elderly, whose income is low. Major Kircus requested that the rates be increased in stages. Jack Wright, representing the Lubbock Apartment Owners' Association, appeared and wanted to know if a sufficient study had been made. After considera- tion of all information presented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6916 amending Chapter 11 of the Code of Ordinances entitled "Electricity" by amending Section 11-1 providing for a fuel cost adjustment, on second and final reading. Councilman West abstained from discussion and voting on this item. ORDINANCE NO. 6916 AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCESOF THE CITY OF LUBBOCK, TEXAS ENTITLED "ELECTRICITY" BY AMENDING SECTION 11-1 THEREOF PROVIDING FOR A FUEL COST ADJUSTMENT; PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING A SAVING CLAUSE; AND PROVIDING FOR PUBLICATION. El WHEREAS, the City Council, after receiving the recommendations of this Electric Utility Board, has determined that the Fuel Cost adjustment as set forth below should be adopted; NOW THEREFORE: 9 JUN I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the first paragraph of Section 11-1 of chapter 11 of the Code of Ordinances, City of Lubbock BE and is hereby amended to read as follows: "The following rates shall be charged for electric service furnished in the City ac- cording to classifications herein set out, by all persons, firms, or corporations en- gaged in furnishing such electric power service to the public, including electric service furnished by the City's electric light system; provided however, that from and after the lst day of August, 1974, there shall be added thereto .58 cents ($0.0058) per kilowatt hour as a fuel cost adjustment." SECTION 2. The rates established by this ordinance shall become effective on August 1, 1974• SECTION 3. THAT should any section, paragraph, sentence, clause, phrase, or word of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby. 6ww SECTION 4. 1HAT the City Secretary is hereby authorized to cause publication of this ordinance in its entirety once a week for two consecutive weeks. AND IT IS SO ORDERED. Passed by the Council on first reading this 13th day of June, 1974• Passed by the Council on second reading this 27th day of June, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phi ll ips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney After further discussion, motion was made by Councilman Henry, seconded by Councilman Campbel' motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.6916A amending Chapter 11 of the Code of Ordinances entitled "Electricity" by amending Section 11-1 providing for adjustment in rates for electric service, on first reading. Councilman West abstained from discussion and voting on this item. ORDINANCE NO. 6916-A AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "ELECTRICITY" BY AMENDING SECTION 11-1 THEREOF PROVIDING FOR RATES FOR ELECTRIC SERVICE AS HEREINAFTER SET FORTH IN THE BODY OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. After further discussion, it was agreed to request the Finance Department staff to make a study of electric rates and report back to the Council at its regular meeting July 11, 1974. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, TkJY COUNCIL ADJOURNED FROM REGULAR MEETING, June 27, 1974. ROY BAS MAYOR ATTEST: r Treva Phillips, City ecretary-Treasurer READ AND APPROVED THIS THE 11TH DAY OF JULY, 197 . /W ATTEST: ROY BASS MAYOR Treva Phillips, City Secr ary-Treasurer