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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/25/1974.2� JUL 25 l REGULAR CITY COUNCIL MEETING JULY 25, 1974 The City Council of the City of Lubbock, Texas, met at 9:30 a.m. in the regular meeting place at City Ball, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phi li ips. Absent: None 74-33-299-774 The invocation was given by Sam Wahl, Director of Public Works. (1) 74-33-299-775 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber (2) 74-33-299-776 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (3) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes as corrected, of Regular Meeting held July 11, 1974. 74-33-299-777 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (7) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6930 on second and final reading. ORDINANCE NO. 6930 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT BOND FUND The sum $3,500.00 For the following purpose: Engineering services on the Canadian River Aqueduct crossing of Farm -to -Market Road 2641. 74-33-299-778 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (8) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize the release of $6,356.08 of the retainage fee withheld from Cliff Cason and Associates under Lubbock's CRP Study. The total retainage is $8,356.08. 74-33-299-779 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (9) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 37-12 (W. 25') in the Coronado Urban Renewal Area to Jeff Joiner for a consideration of $375 to enlarge his adjoining yard. 74-33-299-780 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (10) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 37-12 (E. 259 in the Coronado Urban Renewal Area to Sam Bailey for a consideration of $375 to enlarge his adjoining yard. 74-33-299-781 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (11) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 48-2 (S. one-half) in the Coronado Urban Renewal Area for a consideration of $3,073 to be landscaped and used for parking for existing church facility. 74-33-299-782 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 accept the offer of Lubbock County to pave Municipal Drive east of Loop 289, adjacent to the new TG&Y warehouse, and to express thanks to the County Commissioners. 74-33-299-783 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize Change Order No. 4 to Kerr Construction Company on GWO 10,826. This is adding drainage improve- ments near 50th Street and Avenue A. CHANGE ORDER NO. 4 1973 Street Paving Improvement G.W.O. 10,826 TO: KERR CONSTRUCTION COMPANY P.O. BOX 888 Lubbock, Texas Gentlemen: WHEREAS, it is desirable to make changes in the plans and specifications for this project, being namely the additional construction located near 48th Street and Avenue "B". 00 25 1974 Original Amount of Contract $538,972,51 Increased by Change Order No. 1, 2, & 3 19,792.53 Increased by Change Order No. 4 14,936.00 Total Amount of Contract $573,701.04 THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the Change shown herein and in the revised plans; the Owner agrees to pay the Contractor the with construction and to amount adhere of the increase in cash; and the Contractor agrees to proceed to applicable Specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and Contractor shall be modified to the extent herein indicated, including one (1) attachment IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 25th day of July, 1974. KERR CONSTRUCTION COMPANY BY /s/ Ken Hancock Cont rac to r Title President Kerr Construction Company CITY OF LUBBOCK OWNER ATTEST: BY: /s/ROY BASS, MAYOR /s/Treva Phillips, City Secretary RECOMMENDED FOR APPROVAL /s/ Wilford D. Watson, City Engineer /s/ N. B. McCullough, City Manager Additional construction located near 48th Street and Avenue "B" (see drawing). The under- signed Contractor declares he has visited the site of the work, and he further agrees to commence said work within seven (7) days, weather permitting, and complete fill and drainage structure by continuous work. UNIT ITEM QUANTITY PRICE AMOUNT (5). Concrete curb and gutter 2300 L.F. $4.00 $920.00 12" high curb, including subgrade preparation com- plete in place, per lin- ear foot (7). Reinforced concrete (3000 300 S.Y. $9.40 $2,820.00 - r #/7 day high early type) and drainage channels 5" thickness including subgrade preparation, complete in place, per square yard. (9.a) Fill to be taken from 6,000 C.Y. $1.25 $7,500.00 below high water in City Lake and placed in street, including any loading, hauling and compacting to 95% S.P.D., complete in place, per cubic yard. (10) Concrete median, com- 240 S.Y. $9.40 $2,256.00 plete in place, per square yard (10.a) Concrete median re-- 320 S.Y. $4.50 $1,440.00 moval including asphalt repair 1j" type "C" T.H.D. A.C. complete in place, per square yard. TOTAL CHANGE ORDER NO. 4 $1 ,93 .00 ,4- 33- 300-784 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6936 on first reading. ORDINANCE NO. 6936 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: 301 JUL 2 5 191 F r r r (15) 74-33-301-786 (16) 74-33-301-787 (17) 74-33-301-788 (18) 74-33-301-789 (19) There is hereby appropriated out of the following described bond fund, to -wit: WATER CAPITAL PROJECT FUND The sum $7,266.34 For the following purpose: Relocating water lines ahead of widening 1-27. Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6937 on first reading. ORDINANCE NO. 6937 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: SEWER BOND FUND The sum $20,179.48 For the following purpose: Relocating sanitary sewer lines ahead of widening 1-27. Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6938 on first reading. ORDINANCE NO. 6938 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: SEWER BOND FUND The sum $4,000.00 For the following purpose: Engineering and preconstruction expenses for Northwest Canyon Relief Sewer Line. Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6939 on first reading. ORDINANCE NO. 6939 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 bondfund, to -wit: WATER CAPITAL PROJECT FUND The sum $4,000.00 For the following purpose: Engineering and preconstruction expenses for Canyon Supply Line and North Lubbock Distribution Line. WWO 11497 $2,000.00 WWO 11498 $2,000.00 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 authorize publication of Notice to Bidders on the following projects: a. Northwest Canyon Relief Sewer b. Canyon Water Supply Line c. North Lubbock Distrubution Line. Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6940 on first reading. ORDINANCE NO. 6940 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF PUBLIC ALLEY: A PORTION OF THE EAST -WEST PUBLIC ALLEY IN BLOCK 106, ORIGINAL TOWN OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING )L 2 5 1974 THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION OF PUBLIC ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-302-790 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, (20) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6941 on first reading. ORDINANCE NO. 6941 AN ORDINANCE AMENDING CHAPTER 19B OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "PARKS AND PLAYGROUNDS" BY AMENDING SECTION 19B-6 THEREOF TO PROHIBIT THE RIDING OF BICYCLES, MOTORBIKES AND MOTOR SCOOTERS EXCEPT AT DESIGNATED PLACES WITHIN CITY PARKS AND PLAYGROUNDS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-302-791 The City Council considered setting a procedure for requests of utility companies for rate (21) changes. After consideration of all information presented, the City Council instructed the City Attorney to prepare a resolution to be brought back to the City Council for approval at a later date. 74-33-302-792 The following bids were received for the purchase of a staff automobile, being bid No. 2969. (22) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Fenner Tubbs Company for the purchase of one 1974 automobile. 74-33-302-793 The City Council considered the appointment of one member to the Transit Advisory Committee (23) to replace Mrs. Steve Dearth who resigned; however, at this time Mrs. Dearth informed the City Council that she would be able to serve on this committee. This appointment is for an indefinite period of time. 74-33-302-794 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (24) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Lonnie Hollingsworth and Jerry Stelter to the Airport Board to replace 0. P. Harlan, Jr., and John Bradford whose term expires. These terms are for three years and will expire August 11, 1977. 74-33-302-795 The City Council considered the claim of Premier Service Station for the repair of his flag (25) pole claimant alleges was bent by a City sanitation truck. After consideration of all infor- mation 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. 74-33-302-796 The City Council considered the offer of Rex Murdock to donate a building located on Lot 11, (26) Block 26, Modern Manors Addition (Heap Big Beef building) to the City of Lubbock to be used for public park purposes. 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 that the following resolution be passed authoriz- ing the Mayor to enter into an agreement accepting this building to be moved to City property for park use. RFSn1 11T I nN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a TRANSFER AGREEMENT between Rex Murdock dba Heap Big Beef and the City of Lubbock, Lubbock County, Texas attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of July, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney TRANSFER AGREEMENT THE STATE OF TEXAS I COUNTY OF LUBBOCK X /s/ROY BASS, MAYOR This agreement entered into as of July 25, 1974, by and between REX MURDOCK, hereinafter called "DONOR", also sometimes known as REX MURDOCK dba HEAP BIG BEEF, and the CITY OF LUBBOCK, Lubbock County, Texas Home Rule Municipality, hereinafter referred to as ''DONEE", which parties I w JUL 2 5 r r hereto contract and agree as follows: Donor hereby gives, grant, and transfers all his right, title, and interest unto Donee to the following described property; to -wit: A building having approximate demensions of twenty-six feet (26') by sixty-three feet (63'), located upon real estate described as lot eleven (11), block twenty-six (26), Modern Manors Addition to the City of Lubbock, Lubbock County, Texas, bearing municipal address of 2910 50th Street in said City. All personal property in the nature of furniture, fixtures and equipment more particularly listed in "Exhibit A" hereto annexed and made a part hereon for all purposes. Such property above described shall become the property of Donee, and by these presents ownership of said property is hereby transferred from Donor to Donee. It is hereby understood that a cigarette machine, a juke box, and an ice creae, machine are not included in this ownership transfer of assets. Donor warrants and represents that the property hereinabove referred to is free and clear of all mortgages, liens, including landlords liens, and that he has a legal right to remove said building and all personal property above referred to as his personal property. Donee hereby accepts the gift and transfer of ownership of such property; provided, however, Donee does not assume the obligation to pay any indebtedness on such property or the obligations of mortgage or lien, if any, which exist as against such property. Donee is to remove the property from its present location at Donee's expense unto a new location upon property owned or controlled by Donee. As soon as practicable, arrangements will be made for such removal in accordance with law as regards public contracts between Donee and the contractor selected to accomplish such removal under the usual public notice and bid procedures applicable thereto under the laws of the State of Texas. Donee engages to pay a reasonable rental from and after August 1, 1974, unto the owner of lot 11, block 26, Modern Manors Addition to the City of Lubbock, Lubbock County, Texas, at the rate of $750.00 per month, pro -rated as to the actual number of days such property is occupied before removal con be affected. Should any dispute arise as regards the right of Donor to remove the property hereinabove described resulting in the inability of Donee to remove such property in turn, then Donee may declare this contract null and void for all purposes, and thereafter all its obligations shall immediately terminate. Donee has been furnished by Donor an appraisal report complied by Mr. Tim G. Berly, certified by Mr. Tim G. Berly, appraiser, and the report of such appraiser indicates a fair market value of the assest hereinabove granted as $63,200.00, and Donee is of the opinion that said appraisal is a reasonably accurate evaluation of the assets herein transferred, and said appraisal dated July 23, 1974, is hereby referred to for all pertinent purposes for a more particular description of the appraisal methods used and the evaluation of such assets. This agreement is not to be construed as an assumption of any lease agreement obligating Donor, either written or oral, and Donee only engages to pay rent for use of the land as here- inabove set forth. The conveyance of the building and personal property by Donor to Donee is for the use of Donee as a public park purpose. This agreement is executed in duplicate, each copy of which is to be considered an original. THIS AGREEMENT IS ENTERED INTO THE DATE FIRST ABOVE WRITTEN. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney EQUIPMENT ANALYSIS The equipment is described as follows: DESCRIPTION Of EQUIPMENT Front Counter Back Work Counter Left Service Counter Right Service Counter Center Work Counter 2 Heated Display Units 2 Microwave Ovens 2 hacks -Microwave Ovens CITY OF LUBBOCK, DONEE BY: ROY BASS, MAYOR /s/ REX MURDOCK, DONOR REPLACEMENT COST. NEW $ 614.55 1 ,177.19 615.71 615.71 815.52 132.50 1 , 722.76 63.30 25 1974 Toaster 569.61 Scale 315.12 Slicer 1,890.00 1 Set Baffle 348.46 Shakemaster 1,535.42 Portable Std. Shakemaster 141.78 Heat Lamp 31.65 2 French Fry Units 630.38 French Fry Stand & Fish 1,023.58 Fire Extinguishing Sys 477.08 Exhaust System F-Fryer 1,293.48 Portable Work Table 159.62 Three Compartment Sink 414.43 Walk-in Refrig-Freezer 2,131.25 Walk-in Ref--Fzr Shelves 477.21 Ice Bin 418.98 Ice Making Machine 803.15 Refrigerator Systems 1,840.07 Pan Rack 108.03 Wall Counters 540.94 45 Stools 1,059.30 2 island Counters 389.00 Condiment Holders .83.60 Decor Pack 950.00 Supply Pack 373.65 Sign 1,068.00 2 Tables 336.96 1 Table 175.76 Jet Spray 350.00 Coffee Maker 364.88 Hi-Fi Equipment 469.13 Oven Cavity 191.16 Beer Draft Box 200.00 NCR C-Register 2,461.70 NCR C-Register 2,461.70 NCR C-Dispensor 360.50 NCR C-Dispensor 360.50 NCR Adder 153.99 Desk 95.00 Arm Chair 30.00 Arm Chair Swivel 35.00 Sign 700.00 Tren Tex Draperies 234.00 Display 24.95 Trash Cans 386.25 Planters 768.00 Music System 224.54 2 Fire Extinguishers 38.52 Benches 45.00 Total Replacement Cost, New $ 35,298.57 Less Depreciation 19,981.48 Total Depreciated Replacement Cost $ 15,317.09 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, July 25, 1974. ATT 5T : ROY A MAYOR s Tre�a Phillips, Cit Secretary -Treasurer READ AND APPROVED THIS THE 8th day of August, 1974. �1 &5 ROY BASS-, MAYOR ATTEST: Treva Phillips, Cipj Secretary -Treasurer 1Pj� I 0 ,]I