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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/22/1974AUG 2 2 1974 REGULAR CITY COUNCIL MEETING AUGUST 22, 1974 The City Council of the City of Lubbock, Texas, metat 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, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: Councilman Bryce Campbell 74-33-323-851 The invocation was given by Councilman Alan Henry. (1) 74-33-323-852 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 74-33-323-853 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (3) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to approve City Council Minutes, Regular Meeting held August 8, 1974. 74-33-323-854 Harold Chatman and T. J. Patterson appeared before the City Council and presented the foilow- (5) ing resolution from the East Lubbock Business Association. No action was taken on this item at this time. SUBJECT: "RESOLUTION TO ENLARGE CITY COUNCIL" FROM: EAST LUBBOCK BUSINESS ASSOCIATION (ELBA) TO: THE MAYOR AND CITY COUNCIL OF LUBBOCK, TEXAS DATE: AUGUST 22, 1974 BE IT RESOLVED ON THIS 30TH DAY OF JULY, 1974, THE EAST LUBBOCK BUSINESS ASSOCIATION (ELBA), IN CONJUNCTION WITH THEIR STATED PURPOSE AND GOALS, WHICH STATES: "TO IMPROVE COM- MUNICATIONS BETWEEN EAST LUBBOCK RESIDENTS AND THE BUSINESS COMMUNITY AND LOCAL GOVERNMENT: AND, SECONDLY, "TO INSTILL AWARENESS OF THE PROBLEMS OF EAST LUBBOCK AND OF STEPS THAT ALL LUBBOCK CITIZENS AND INSTITUTIONS CAN TAKE TO MAKE EAST LUBBOCK A VIABLE AND CONTRIBUTING PART OF THE CITY. ALSO AS STATED IN ITS (ELBA) PURPOSE THAT READS IN PART, "TO PROMOTE ECONOMIC GROWTH, DEVELOPMENT, AND CIVIC RESPONSIBILITY, "DO HEREBY RECOMMEND TO THIS CITY COUNCIL THAT THEY CALL AN ELECTION OF THE PEOPLE TO VOTE UPON THE ISSUE OF ENLARGEMENT OF THE CITY COUNCIL FROM FIVE (5) TO SEVEN (7) MEMBERS, WITH RESIDENTIAL REQUIREMENTS FOR THE NEW MEMBERS. WE FURTHER RESOLVE THAT THOSE MEMBERS BE VOTED AT - LARGE BY THE ENTIRE CITY OF LUBBOCK COMMUNITY. IF THIS WOULD BECOME A CONSENSUS BY THE VOTERS OF LUBBOCK, WE WOULD RECOMMEND THAT THE PRESENT MAYOR AND CITY COUNCIL APPOINT THOSE PERSONS TO THE NEW POSITIONS. THIS RESOLUTION IS THE FEELING OF THE EAST LUBBOCK BUSINESS ASSOCIATION (ELBA) AS VOTED UPON IN THEIR MEETING OF JULY 30, 1974. 74-33-323-855 Joe Boerner, representing Jimmy Martin owner of the Dairy Queens, appeared before the City (6) Council requesting that an opening be installed in the proposed median on Indiana Avenue between 81st Street and 82nd Street. Mr. Boerner showed a map of the proposed median and requested that the City Council do one of three things: (1)consiruct no median at all, or (2) put in a shorter median if the Council feels one is needed, or (3) put a cut in the median to allow traffic into the Dairy Queen. Jimmy Martin also appeared in support of this request. Eli]] McDaniel,'Director of Traffic, appeared•before-the City Council' and showed a drawing of this intersection with the comment that thought needs to be given to other land develop- ment in the area, bn both sides of the'svreef,..since it is felt this will be a-m j'or inter- section. After egns-ider-ation of all-4nfor-mation presented, motion was made by Councilman West, seconded•:by'..CouncillmaniHenr'y, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voti-ng Yea, none voting Nay that construction of all medians at -this Hntersection be delayed until the time is reached that the medians are needed because of safety measures. At this point, motion.was made by Counc-11women Jordan, -seconded by Councilman Henry to afnend the motion to st•ate:v.that construction of all medians at this intersection be -delayed until the traf€ic.count reaches. 7,500 vehicles per day, at which time it wull be: -re-examined. The motion to amend the original motion carried, by the following vote: Councilmen West, Jordan and Henry voting Yea, Mayor Bass voting Nay. The motion on the original motion as amended, that construction on all medians at this intersection be delayed until it is determined by Traffic Engineering Director that medians are needed because of safety measures, or until traffic count reaches 7,500 cars per day, at which time it will be re-examined and brought back to the Council, carried by the following vote: Councilmen West, Jordan and Henry voting Yea, Mayor Bass voting Nay. 32� G 2 L 1974 74-33-324-856 Dewie Rothwell appeared before the City Council and presented a proposal for the sale of approxi- (7) mately four acres of land in the vicinity of 58th Street and Toledo Avenue to the City of Lubbock. This land is directly in the overflow of Lake No. 27. After considaation of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to take this matter under advisement so that values can be established, and that the Staff be instructed to find out about the value of this property and report back to the City Council. 74-33-324-857 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (8) Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6942 on se- cond and final reading. ORDINANCE N0. 6942 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Funds The sum $10,000.00 For the following purpose: Labor, material and equipment necessary to move building from 50th Street and Elgin Avenue to George Mahon Park. Also to remodel and furnish the facility. 74-33-324-858 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (9) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6943 on second and final reading. ORDINANCE N0. 6943 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Funds The sum $9,000.00 For the following purpose: Paving one-half of 49th Street adjacent to C. W. Ratliff Park from Chicago Avenue to Elkhart Avenue. 74-33-324-859 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (10) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6945 on second and final reading. ORDINANCE NO. 6945 AN APPORPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; WIDENING OF FOURTH STREET 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 GWO 10755 The sum $5,108.25 For the following purpose: Acquisition of billboard signs redesignated as real estate. Bill- board signs in 4th Street Parcels 14, 24 & 32----- $5,108.25 74-33-324-86o Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (11) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6944 on second and final reading. ORDINANCE NO. 6944 AN ORDINANCE OF THE CITY OF LUBBOCK, APPROVING AMENDMENTS TO THE URBAN RENEWAL PLAN FOR NEIGHBORHOOD DEVELOPMENT PROGRAM NO. TEX-A-14(C), FOURTH ACTION YEAR, PHASE 11. 74-33-324-861 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (12) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6946 on second reading. G.W.O. 10,836-A ORDINANCE NO. 6946 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREETS: 43rd STREET, EAST 14th STREET, 23rd STREET, EAST 15th STREET, TEAK AVENUE, 78th STREET, AVENUE N, THE WEST .�' OF KEEL AVENUE, THE NORTH I OF EAST 15th PLACE, 48th STREET, 49th STREET, ELKHART AVENUE, NORTH AVENUEJ, EAST 14th STREET, HARVARD STREET AND INCLUDING A PORTION OF THE EAST -WEST AND NORTH -SOUTH ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE NORTH -SOUTH ALLEY ABUTTING LOTS i THRU 5 AND LOTS 16 THRU 20, BLOCK 211, 32. ,'J G 2 2 1974 ORIGINAL TOWN ADDITION, THE EAST -WEST ALLEY ABUTTING BLOCK 8, TECH TERRACE ADDITION AND BLOCK 3, CENTRAL HEIGHTS ADDITION, THE EAST -WEST ALLEY ABUTTING LOTS 465 THRU 484 CAPROCK ADDITION, THE EAST -WEST ALLEY ABUTTING LOTS I AND 2, BLOCK 10, RUSHLAND PARK ADDITION AND BLOCIG 9 AND 12 WESTGATE DRIVE ADDITION, THE EAST -WEST ALLEY ABUTTING BLOCK 2, TECH TERRACE ADDITION, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL.) 74-33-325-862 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (13) Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6931 on second and final reading. Bill Gribble appeared before the City Council in support of the passage of this ordinance. Jim Bertram, Director of Planning, appeared and discussed the land- scape plan. ORDINANCE NO. 6931 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6787 OF THE CITY OF LUBBOCK, TEXAS, BY REVISING A PORTION OF THE SITE PLAN MADE A PART THEREOF, SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-325-863 NOTICE OF BUDGET HEARING (14) Notice is hereby given that on August 22, 1974 at 11:00 A.M. in the City Council Chamber on the second floor of the City Hall in Lubbock, Texas, there will be held by the Lubbock City Council a public hearing on the City of Lubbock Budget covering the fiscal year beginning October 1, 1974, and ending September 30, 1975. Said Budget having been filed with the City Secretary -Treasurer for public inspection on August 6, 1974. By order of the City Council this the 25th day of July, 1974. /s/ Treva Phillips, City Secretary - Treasurer, City of Lubbock, Texas In accordance with the above Notice of Budget Hearing, hearing was held on the City of Lubbock Budget ocvering the fiscal year beginning October 1, 1974 and ending September 30, 1974. Mayor Bass called for anyone wishing to appear in regard to this budget to come forward. John Massey and J. B. Hance appeared before the City Council requesting additional improve- ments to the Police Department. No-one else came forward; whereupon Mayor Bass announced that the hearing was closed. Mayor Bass stated that closing the hearing does not preclude anyone coming back with other information in connection with this budget. This budget will be considered for adoption at the September 12, 1974 City Council Meeting. 74-33-325-864 The following bids were received for the construction of dams in the Canyon Lakes Project: (15) Bidder 1. Commercial Concrete Construction Co., Inc. 2. Katy Engineering Co. 3. Zack Burkett Co. 4. Navarro Contracting Co. Base Bid (Dams #1,2,3,5&6) $1 ,557,418.80 2,034,o98.00 2,274,792.50 2,868,159.50 Alternate Bid No. 1 (Dams No. 12,3,E6) $1,252,176.go 1,734,098.00 1,779,197.50 2,267,9o8.50 After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to accept Alternate Bid No. 1 of Commercial Concrete Construction Co., Inc., and authorize the Mayor to enter into a contract. 74-33-325-865 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (16) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6955 on first reading. ORDINANCE NO. 6955 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: Canyon Lakes The sum $21,228.00 For the following purpose: Plans and specifications in the Canyon Lakes Project. To be added to GWO 10797. (for construction of dams) BOR Canyon Lakes Bond Funds 74-33-325-867 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (17) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6956 on first reading. 326 0J G 2 2 1974 ORDINANCE NO. 6956 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: Canyon Lakes The sum $1,252,176.00 For the following purpose: Construction of dams in the Canyon Lakes Project. BOR Canyon Lakes Bond Funds 74-33-326-868 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (18) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6957 on first reading. Bill McDaniel, Director of Traffic, appeared before the City Council and presented a map showing this proposed turn signal. ORDINANCE NO. 6957 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 $5,000.00 For the following purpose: Labor and materials for the installation of a left turn signal indi- cation for the Texas Avenue traffic at 19th Street. 74-33-326-869 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (19) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6958 on first reading. Bill McDaniel, Director of Traffic and Hershel Sharp, Fire Chief, appeared in regard to the passage of this ordinance. ORDINANCE NO. 6958 AN ORDINANCE DESIGNATING THAT PORTION OF AVENUE "L" FROM EIGHTH STREET TO BROADWAY AVENUE AS A ONE-WAY STREET PERMITTING ONLY SOUTHBOUND VEHICULAR TRAFFIC ON SAID STREET; DESIGNATING THAT PORTION OF AVENUE "K" FROM SIXTH STREET TO FIFTH STREET AS A ONE-WAY STREET PERMITTING ONLY NORTHBOUND VEHICULAR TRAFFIC ON SAID STREET; DESIGNATING THAT PORTION OF EIGHTH STREET FROM AVE- NUE "Q" TO AVENUE "0" AS A ONE-WAY STREET PERMITTING ONLY EASTBOUND VEHICULAR TRAFFIC ON SAID STREET; DESIGNATING THAT PORTION OF SEVENTH STREET FROM AVENUE "0" TO AVENUE "Q" AS A ONE --WAY STREET PERMITTING ONLY WESTBOUND VEHICULAR TRAFFIC ON SAID STREET; DESIGNATING THAT PORTION OF AVENUE "L" FROM FOURTH STREET TO SIXTH STREET AS A TWO-WAY STREET PERMITTING BOTH NORTH AND SOUTHBOUND VEHICULAR TRAFFIC ON SAID -STREET; DESIGNATING THAT PORTION OF AVENUE "K" FROM SIXTH STREET TO EIGHTH STREET AS A TWO-WAY STREET PERMITTING BOTH NORTH AND SOUTHBOUND VEHICULAR TRAFFIC ON SAID STREET; PROVIDING FOR SIGNS TO INDICATE SUCH PORTIONS OF STREETS DESIGNATED AS ONE- WAY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-326-870 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (20) Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6959 on first reading. Bill McDaniel, Director of Traffic, appeared in regard to the passage of this ordinance. ORDINANCE N0. 6959 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED TO 35 MPH ON AVENUE Q FROM 22ND STREET TO 4TH STREET AND ON 19TH STREET FROM UNIVERSITY AVENUE TO AVENUE A AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO: REPEALING CONFLECTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT: APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN: PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE: PRO- VIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. 74-33-326-871 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (21) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 7C-8=1 in the Fourth Action Year Urban Renewal Area to Pilar Rivera for a consideration of $1,030 to be redeveloped as a single family residence. 3 AUG 2 2 1 74-33-327-872 (22) Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 7C-7-8A in the Fourth Action Year Urban Renewal Area to Abraham Flores for a consideration of $115 for enlarging lot to standard size. 74-33-327-873 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (23) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 7C-3-3A in the Fourth Action Year Urban Renewal Area to Abelino Hernandez for a consideration of $50 for residential redevelopment. 74-33-327-874 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (26) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay that the following reso- lution be passed. RFgnl 1IT I nN RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Nelson Brown Addition, made arrangements with Zahn Pavers, Inc., for the construction of paving improvements on certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Nelson Brown Addition including the following street: E. 38th Street from its intersection with a line 12.0 feet West of the West Property Line of Quirt Avenue to its intersection with a line 138.0 feet West of the West Property Line of Quirt Avenue, known and designated as Sub -Unit Number 16-A of Unit Number 2159. AND WHEREAS, the construction of the above improvements on the abovementioned street 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 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. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 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 CONSOLIDATED FINAL ESTIMATE NELSON BROWN ADDITION Accepted August 22, 1974 QUANTITIES S.Y. L. F. Unit & Paving L.F. Reinforced Sub -Unit Location 6" Base C& G C S G 2159-16A E. 38th Street from 12.0' 453.69 174.10 78.60 W. of the WPL of Quirt Avenue to 138.0' W. of the WPL of Quirt Avenue COST ESTIMATE 453.69 S. Y. Paving 6" Base @ $3.50 $1,587.92 174.10 L. F. Curb & Gutter @ $2.50 435.25 78.6 L. F. Reinforced Curb & Gutter @ $3.50 275.10 CONTRACT COST $2,298.27 COST DISTRIBUTION Unit & Sub - Unit 2159-16A Contract Cost $2,298.27 Property Owner Cost $2,298.27 P +- 33- 328- 875 (27) E-33-328-876 (28) Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, and Henry voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Burlington Industrial Addition made arrangements with Zahn Pavers, Inc., for the construction of paving improvements on certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of Burlington Industrial Addition including the following street: West half of Locust Avenue from its intersection with a line 13.5 feet North of the North Property Line of East 40th Street (West Leg) to its intersection with a line 7.5 feet North of the North Property Line of the alley North of East 40th Street, known and designated as Sub - Unit Number 8-A of Unit Number 2229. AND WHEREAS, the construction of the above improvements on the abovementioned street 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 specifica- tions 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 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. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 1974. ATTEST: /s/ Treva Phillips, City Secretary /s/ RGY BASS, MAYOR APPROVED: APPROVED AS TO FORM: /s/ Wilford D. Watson, City Engineer /s/ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE BURLINGTON INDUSTRIAL ADDITION Accepted August 22, 1974 QUANTITEES I Unit & Sub -Unit Location S.Y. Paving L.F. 6" Base C & G S.Y. Alley Return 2229-8A West half of Locust Avenue 1931.34 623.75 20.20 from 13.5' N. of the NPL of E. 40th Street (W.ieg) to 7.5' N. of the NPL of the alley N. of E. 40th Street. COST ESTIMATE 1931.34 S.Y. Paving 6" Base @ $2.25 $4,345.52 623.75 L.F. Curb & Gutter @ $2.25 1,403.44 20.20 S.Y. Alley Return @ $8.00 161.60 CONTRACT COST $5,910.56 COST DISTRIBUTION Unit & Contract Property Sub -Unit Cost Owner Cost 2229-8A $5,910.56 $5,910.56 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6960 on first reading. ORDINANCE NO. 6960 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, AUG 2 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: WATER CAPITAL PROJECT FUND The sum $16,648.71 For the following purpose: Construct water lines ahead ff i� program at the following locations: East 14th St from Guava Ave. to Keel Ave.1l=ast 5th St. from Vanda to Teak Avenue; Teak Ave. from E. 15th St. to Idalou Rd.; W I of Keel Ave. from E. 15th Pl. to E. 15th St.; E. 15th Pl. from June to Keel $3,$36 48th and 49th St. from Elkhart Ave. to Chicago Ave.; Elkhart Ave. from 48th to 49th 3,766 N. Ave. T from Marshall St. to Harvard St.; Harvard St. from N. Ave. U to N. Ave T. 4,036 E. l4th St. from Date Ave. to 500' E. of Elm Ave. 1,159 Alley between 23rd and 24th St. from Flint Ave. to Elgin Ave. 2,470 A • 74--33-329-877 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (29) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6961 on first reading. ORDINANCE NO. 6961 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 The sum $2,459.09 BOND FUND For the following purpose: Construct sewer line ahead of paving at the following location: Elkhart Avenue from 48th Street to 49th Street $2,459.09 74-33-329-878 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor (30) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6962 on first reading. ORDINANCE NO. 6962 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS: A PORTION OF I� SECOND STREET AT ITS INTERSECTION WITH AVENUE M IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE. CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY AND STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-329-879 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (31) Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6963 on first reading. ORDINANCE N0. 6963 AN ORDINANCE .ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: ALL OF THE 15.00 FOOT EAST - WEST ALLEY IN BLOCK 1, SUNSET ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDI- CATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. 74-33-329-880 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor (32) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6964 on first reading. ORDINANCE N0. 6964 AN ORDINANCE AMENDING SECTION 18-37(A) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, SO AS TO CHANGE REQUIREMENTS WITH RESPECT TO VEHICLE DRIVER ACCIDENT REPORTS TO THE LUBBOCK POLICE DEPARTMENT AS SET FORTH IN THE BODY OF THIS ORDINANCE; PROVID- ING A SAVINGS CLAUSE; PRESCRIBING A PENALTY FOR VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR PUBLICATION. 74-33-329-881 The City Council considered proposals for independent tax appraisal. After consideration of (34) all information presented, motion was made by Councilman West, seconded by Councilwoman Jordan motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to approve the employment of the firm of Marshall & Stevens, Inc., Dallas, as an independent tax appraiser contingent upon the approval of their Project Manager by the Lubbock City Attorney, Fred 0. Senter, Jr. 74-33-329-882 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (35) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to approve the following new lease agreement with Hangars of Lubbock, Inc. X 1914 THE STATE OF TEXAS X X HANGAR GROUND RENTAL AGREEMENT COUNTY OF LUBBOCK X THIS LEASE AGREEMENT, made this lOth day of June, 1974, between the CITY OF LUBBOCK, acting by and through its duly authorized City representative (hereinafter referred to as "Lessor" and HANGARS OF LUBBOCK, INC., a corporation incorporated under the laws of the State of Texas, with its principal office at Lubbock, Texas, (hereinafter referred to as the "Lessee") WITNESSETH: WHEREAS, Lessor owns and operates the Lubbock Regional Airport located in Lubbock County, Texas (hereinafter called the "Airport"), and WHEREAS, Lessor deems it advantageous to itself and to its operation of the Airport to lease unto Lessee the parcel of land described herein, together with certain privileges, rights, uses and interests therein, as hereinafter set out, and, WHEREAS, Lessee is a corporation primarily engaged in Hangar -Storage, WHEREAS, Lessee proposes to lease on a net basis from Lessor certain land area and to avail itself of certain privileges, rights and uses pertaining thereto, and, WHEREAS, Lessee has indicated a willingness and ability to properly keep, maintain, and improve said leased area in accordance with standards established by Lessor, NOW THEREFORE: ARTICLE I PREMISES AND PRIVILEGES For and in consideration of the terms, conditions and covenants of this Lease to be performed by Leassee, all of which Lessee accepts, Lessor does hereby lease and let unto Lessee certain property (hereinafter called "Premises"), and certain attendant privileges, uses and rights, as hereinafter specifically set out. A. DESCRIPTION OF PREMISES LEASED Field Notes on a tract of land out of Section 28, Block A, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a point 1478.1 feet North 00 02' West and 697.85 feet North 890 58' East of the Southwest corner of Section 28, Block A for the Northwest and beginning corner of this tract; THENCE North 45003' East, 39.35 feet to a point, a corner of this tract; THENCE North 89058' East, 102.46 feet to a point, a corner of this tract; THENCE North 0002' West, 102.17 feet to a point, a corner of this tract; THENCE North 45003' East, 2522 feet to a point, a corner of this tract; THENCE North 89058' East, 115.47 feet to a point, the Northeast corner of this tract; THENCE South 0002' East, 521.5 feet to a point, the Southeast corner of this tract; THENCE South 89058' West, 123.34 feet to a point, a corner of this tract; THENCE South 0002' East, 72.94 feet to a point, a corner of this tract; THENCE South 89058' West, 140.33 feet to a point, the Southwest corner of this tract; THENCE North 0002' West, 446.68 feet to the place of beginning. Containing 143,439.114 square feet, of 3.293 Acres. Said tract of hnd being situated within the boundaries of the Lubobck Regional Airport B. PURPOSE The purpose for which Lessee may use the premises described in paragraph A above are as follows: 1. Lessee may engage in business of Hangar Storage of aircraft and equipment. 2. Lessee proposed to construct a number of T-Hangar units on the lease premises. A. The original term of this agreement shall commence on the loth day of June, 1974, and end of the 9th day of June, 1994, a term of twenty years. B. Lessee shall have the option to extend this agreement for three five year terms which shall begin simultaneously with the expiration of the preceeding term by giving written notice AUG 2 z to the Lessor to that effect, not less, than sixth days prior to the expiration of original term or any extension thereof. The rental and/or fees of the extension shall be renegotiated at that time. C. NATIONAL EMERGENCY. In the event the rights and privileges hereunder are suspended by reason of war or other national errucergency, the term of this lease shall be extended by the amount of the period of such suspension. D. This instrument constitutes the full agreement between the parties hereto and super - cedes any and all agreements entered into or understandings reached prior hereto. ARTICLE III RENTAL AND FEES A. Land rental for the gross land area, leased hereunder, shown on Exhibit A containing 143,439.114, square feet as defined in Article 1, Paragraph A at the rate of three cents (30 per square foot per year shall be paid to Lessor by Lessee. Land rentals shall be paid monthl in advance on the first day of each month in a sum equal to one -twelfth of the annual land rental due hereunder. B. The parties hereto mutually agree that the rental rate will be adjusted upward or downward for each ensuing year beginning in direct proportion to the fluctuation -in the U. S. Department of Labor, Bureau of Labor Statistics Cost of Living Index. For the purpose of computing all adjustments, the Bureau of Labor Statistics Cost of Living Index as of January 1, 1970, shall be construed as the base period. L\-lidIre] MMIM A. ASSIGNMENT, TRANSFER, PLEDGE, SUBLEASE OR OTHERWISE ALIENATE THIS AGREEMENT. The Lessee shall not at anytime assign, transfer, pledge, sublease or otherwise alienate this agreement or any individual interest herein, without the prior written consent of the Lessor. B. TAXES AND ASSESSMENTS Lessee agrees to pay all taxes and assessments levied on the premises and any other taxes or assessments in connection with its business which may be levied, promptly when due, and will promptly pay when due all charges for water, electricity and any other utilities used in connection with the operation of said facility. IFC. NON-DISCRIMINATION Lessee, his agents and employees will not discriminate against any person or class or persons by reason of race, color, creed or national origin , age or sex in providing any services or in the use of any of its facilities provided in the public, in any manner prohibit by Part 15 of the Federal Aviation Regulations. The Lessee further agrees to comply with such enforcement procedures as the United States might demand that the Lessor take in order to comp with the Sponsor's Assurances. Lessee agrees to not discriminate against any employee or applicant for employment becaus of race, age, sex, creed, color, or national orgin. The Lessee agrees to take affirmative act to insure that applicants are employed, and that employees are tested during employment with- out regard to race, creed, age, sex, color, or national origin. Such action shall include, but not be limited to employment, upgrading, demotion, or transfer, recruitment, layoff, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. DEVELOPMENT OF AIRPORT Lessee agrees that Lessor has the right •to further develop or improve the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance. E. OPERATION OF AIRCRAFT, COMPLIANCE WITH RULES AND REGULATIONS. Lessee agrees that it will operate aircraft at all times in compliance with all applicabl federal, state and local rules and regulation and complying with all present or future appli- cable statutes, ordinances, rules and regulations affectingthe use and operation of the hangar and airport. F. INSPECTION OF BOOKS AND RECORDS. Lessee shall maintain complete books and records of all transactions, sales and income resulting from its operation at Lubbock Regional Airport which books and records may be inspec ed at anytime by the Lessor or its duly authorized representatives at Lubbock, Texas, upon reasonable notice to Lessee. In the event Lessee request such inspection to be performed outside the Lubbock area, such request may be honored at the Lessor's discretion; however, any and all expense incurred by so doing shall be reimbursed by the Lessee. G. CONDITIONS OF PREMISES: INSPECTION Lessee shall, at its sole cost and expense, maintain the premises and the buildings, improvements and appurtenances thereto, in a presentable condition consistent with good busi- ness practice and equal in appearance and character to other similar improvements on said Airport. Lessee shall repair all damages to said premises; shall maintain and repair all equi ment thereon, including any drainage installations, paving, curbs, islands, buildings and improvements; and shall repaint its own buildings as necessary. 2 2 1974 Lessor shall be the sole judge of the quality of Maintenance and upon written notice by Lessor to Lessee fall be required to perform whatever maintenance Lessor deems necessary. If said Maintenance is not undertaken by Lessee within ten days after receipt of written notice, Lessor shall have the right to enter upon the premises and perform the necessary maintenance, the cost of which shall be borned by Lessee, and such cost shall be secured by a lien upon any improvements placed upon said premises by Lessee. H. UTILITIES Lessee will when needed connect to any and all storm and sanitary sewers and water and utility outlets including metering devices at its own cost and expense; and Lessee shall pay for any and all service charges incurred therefor. I. TRASH, GARBAGE, REFUSE, ETC. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal, away from the airport, of all trash, garbage and other refuse caused as a result of the operation of its business. J. SIGNS 0 I Lessee may not erect or cause to be erected on leased premises any billboards or advertising signs without the prior consent of Lessor. K. INDEMNITY HOLD HARMLESS Lessee agrees to hold the Lessor free and harmless from loss from each and every claim and demand of whatsoever nature made on behalf of or by any person or persons resulting from Lessee's operation and/or use of the leased premises by the Lessees, its agents, servants, employees, and from all loss and damages by reason of negligence of the Lessee, its agents, servants and employees. L. USE OF AIRPORT During the term of this lease, Lessee shall have the free and nonexclusive use in common with others at the airport, runways, ramps, parking area and any and all public facilities avail- able at the airport and the right of ingress to and egress from the above described premises which right shall extend to Lessee's employees, guests and invitees. If during the term of this agreement, the use of the airport by Lessee is temporarily suspend- ed, restricted, or interferred withfor a period of ten (10) days or more for reasons beyond the practical control of the Lessor in such manner as to substantially affect the use of the hangar or operation of aircraft by Lessee all rents during such period shall abate and the term of the agreement shall, at the election of Lessee, be extended for an equivalent period of time. M. IMPROVEMENTS Lessee shall not make, permit, or suffer any improvements, additions, or alterations thereto located on the leased property which constitute any major structural change or changes without prior written consent of the Director of Aviation. The Lessee agrees to hold the Lessor harm- less from Mechanic's and Materialman§ Liens arising from any construction, additions, improve- ments, repairs or alterations affected by the Lessee. N. PARKING Lessee shall, at its sole cost and expense, construct adequate and suitable pavement areas for its use for parking of aircraft and automobile parking for its employees, guests or invitees. Automobile parking will be provided so as to comply with any and all applicable security require- ments. 0. VEHICULAR MOVEMENT Lessee will not permit the driving of vehicles by its employees, guests, or invitees on the apron, taxiways, or runways. P. Lessee shall restrict its tenants from any type of commercial enterprise such as, but not limited to the sale of fuels, lubricants, aircraft parts, or charter services. Q. It is understood and agreed that no rights are granted herein except those specifically stated. ARTICLE V OBLIGATIONS AND RIGHTS OF LESSOR A. SAFETY Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting or permitting to be erected any building or other structure on said leased premises, which, in the opinion of the Direvtor of Aviation, would limit the usefulness of the airport or constitute a hazard to aircraft. B. MAINTENANCE OF PUBLIC AREA Lessor reserves the right, but shall not be obligated to Lessee, to maintain and keep in repair the landing area of the airport and all pbulicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 33 AUG 2 Zr C. STANDARDS Lessor reserves the right to extablish standards for the construction, maintenance, al- terations, repairs, additions or improvements of Lessee's facilities. This will include structural design, color, materials used, landscaping and maintenance of Lessee's facilities and leased premises. D. UTILITIES Lessor agrees to construct the necessary sewage facilities to serve Lessee where Lessee may connect at the edge of leased premises at such time determined by Lessor. E. APRON PAVEMENT Lessor agrees to construct an apron pavement and drainage around hangar units connecting to existing taxiways up to but not exceeding the cost of $30,000. Any cost in excess of $30,OOC will be borne by the Lessee and become the property of Lessor. ARTICLE VI TERMINATION A. TERMINATION BY LESSEE This agreement shall be subject to concellation by Lessee in the event of the happening of any one or more of the following contingencies without liability to the Lessor: 1. The permanent abandonment of the Airport as an air terminal. 2. The issuance by any court of competent jurisdiction of an injunction in arty way preventing or restraining the use of the Airport and the remaining in force of such injunction for at least thirty (30) days. 3. The breach by the Lessor of any of the terms, covenants or conditions of this agree- ment to be kept, performed and observed by the Lessor, and the failure of the Lessor to re- medy such breach for a period of sixty (60) days after written notice from the Lessee addressed to Director of Aviation or his equivalent successor of the existence of such breach. 4. The assumption by the United States Government or any authorized agency of same, of the operation, control or use of the airport and its facilities in such a manner as to sub- stantially restrict the Lessee from operating said facilites, if such restriction be continued for a period of three (3) months or more. B. TERMINATION BY LESSOR This agreement shall be subject to cancellation by the Lessor in the event of the happen- ing of any one or more of the following contingencies: 1. If the Lessee shall file a voluntary petition of bankruptcy; or if, proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to such proceedings; or if a court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a Receiver for Lessee's assets is appointed; or if Lessee shall be divested of its rights, powers and privileges under this agreement by other operation of law. 2. If the Lessee shall abandon and discontinue the conduct and operation of said facilitif 3. If the Lessee shall default in or fail to make any payments at the time and in the amounts as required of it under this agreement. 4. If the Lessee shall fail to perform, keep and observe all of the covenants and condi- tions contained in this agreement to be performed, kept and observed by it. 5. If the Lessee shall fail to abide by all applicable laws, ordinances, rules and regulations enacted or promulgated by the United States or any agency thereof, State of Texas, City of Lubbock, or Director of Aviation of the City of Lubbock. Lessor, acting by and through the Director of Aviation, shall give written notice to Lessee to correct or cure any default, failure to perform or breach of covenant or conditions within thirty (30) days from the date of such notice, and if the default, failure to perform or breach complained of shall not have been corrected within such ..time in a manner satisfactor to the Lessor, then, and in such event, Lessor shall have the right, at once and without further notice to Lessee, to declare this agreement terminated and to enter upon and take full possess of the leased area and, provided further that upon the happening of any one of the contingencies enumerated in subsection B thereof, this agreement shall be deemed to be breached by Lessee and thereupon "ipso facto" and without entry or any other action by Lessor the agree- ment shall terminate, subject to be reinstated if subsection B-1 is reason for termination only if such involuntary bankruptcy or insolvency proceedings, petition for organization trusteeship, receivership or other legal act divesting Lessee of its rights under this agree- ment shall be denied, set aside, vacated or terminated in Lessee's favor within thirty (30) days from the happening of the contingency. Upon the happening of said latter events, this agreement shall be reinstated as if there had been no breach occasioned by the happening of said contingencies, provided that Lessee shall within ten (10) days after the final denial, vacating or setting aside of such appointment, pay or discharge any and all sums of money which may have become due under this agreement in the interim and shall likewise fully perform and discharge all other obligations which may have occurred and/or become payable in the in- terim, and, 34 G 2 2 1974 Provided, further, that in the event that defaults, failure to perform and breaches by Lessee of its obligations under this agreement to be performed, kept and observed by it shall recur from time to time, then upon written recommendation by the Director of Aviation to Lessor, the Lessor may terminate this agreement. In such event the Lessor shall give written notice of such termination to said Lessee and the Agreement shall terminate within (10) days from the date of said notice. The acceptance of rentals and fees by the Lessor for any period or periods after a default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessee shall not be deemed a waiver of any rights on the part of the Lessor to cancel this agreement for failure by Lessee to so perform, keep, or observe any of the terms, covenants or conditions hereof to be performed, kept and observed. No waiver by the Lessor, its officers, agents or employees of any of the terms of this agreement to be kept, performed and observed by the Lessee shall be construed to be or act as a waiver by the Lessor of any subsequent default on the part of the Lessee. C. OWNERSHIP Within ninety (90) days after expiration of this agreement as herein provided, the Lessee shall remove all improvements constructed or placed thereon such as building;, equipment, goods, chattels, and fixtures belonging to it, excluding pavement, drainage structures, and any buildings in which the City has an equity, and to restore the premises then under occupancy to the condition in which they wereceived, reasonable wear and tear and damage by fire or the elements excepted if requested by the Lessor at its option upon thirty (30) days written notice prior to expiration. In the event of the failure on the part of Lessee to immediately remove from the premises all property owned by it under the requirements set forth in this paragraph, the Lessor may effect such removal and restore such property at Lessee's expense. Lessee covenants and agrees to pay all reasonable costs, attorney's fees and expenses that shall be incurred by the Lessor in enforcing the covenants and conditions of this agreement, in event the Lessee fails to pay expenses within thirty (30) days such property will be deemed abandoned and title will revert to the Lessor; however, this in no way relieves the Lessee of the debt incurred. Lessee covenants and agrees that upon the end of the primary term of this lease or any extensions thereof, the Lessee will convey to the City title and interest in and to all buildings constructed on the leased premises with such interest in title to be in the proportion as $20,000.00 relates to the per cent of the total construction cost of such buildings. The construction cost will be established by an agreement between the parties hereto which is attached and made a part hereof. In the event Lessor terminates this agreement for cause as contained herein or if Lessee discontinues operation at anytime prior to expiration the Lessor retains ownership to Lessee's improvements to the extent of the rentals due for the then remaining term. D. SUBORDINATION PROVISION This lease shall be subordinate to the provisions of any existing or future agreement between the Lessor and the United States relative to the operation and maintenance of the airport. ARTICLE VII NOTICE Any required notice to the Lessor provided for herein shall be sufficient if sent by re- gistered or certified mail, postage prepaid, to the Director of Aviation, Route 3, Block 201, Lubbock, Texas 79401, and any such notice to the Lessee shall be sufficient if sent in the same manner addressed to Hangars of Lubbock, Inc. 915 Kent, Lubbock, Texas or such other addresses as may be designated by the Lessor or Lessee in writing from time to time. IN WITNESS WHEREOF, the parties have executed this agreementthis 22nd-day of August, 1974, by its duly authorized officers. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney ATTEST: THE CITY OF LUBBOCK /s/ Roy Bass, Mayor HANGARS OF LUBBOCK, INC. /s/ Roy W. Neal Jr., Secretary /s/ Earl Horton,Jr. 74-33-334-883 The City Council considered re -purchase of Paving Certificate No. 2, Unit 2180-35, dated August (36) 22,,1968. Mayor Bass abstained from voting on this item and Mayor Pro Tem West assumed the Chair. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Pro Tem West, Councilwoman Jordan and Council- man Henry voting Yea, none voting Nay to repurchase Paving Certificate No. 2, Unit 2180-35, dated August 22, 1968 which levies an assessment against Lot 1, Bobalet Heights. At this time, Mayor Bass resumed the Chair. 74-33-334-884 The following bids were received for the purchase of envelopes for Utility Collections, being (37) Bid No. 3015. 1i L� Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to accept the bid of Hesse Envelope Co., Dallas, for the purchase of envelopes for Utility Collections. 335 AUG 2 2 191 74-33-335-885 (38) 74-33-335-886 (39) The following bids were received for the purchase of a landscaper and chain link fencing (for tennis courts backstops) for Parks and Recreation, being Bid No. 3009 and Bid No. 3021. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to accept the bid of Goldthwaites of Texas, Ft. Worth, for the purchase of a landscaper, being Bid No. 3009; accept the bid of Forrest Lumber Co. for the purchase of chain link fence, being Bid No. 3021. The following bids were received for drilling and developing three water wells, being Bid No. 3023. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to accept the bid of Water Industries, Inc., Hereford, for drilling and developing three water wells. 74-33-335-887 The following bids were received for the purchase of plastic conduit, water meters and traffic (41) controllers for warehouse stock, being Bid No. 3005, Bid No. 3024 and Bid No. 3026. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to accept the bid of Southwestern Electric Supply Co. for the purchase of plastic conduit and fittings, being Bid No. 3005; accept the bid of Clowe & Cowan, Inc., for the purchase of water meters, being Bid No. 3024; accept the bid of Automatic Signal Western Division, Ft. Worth, for the purchase of traffic controllers, being Bid No. 3026. 74-33-335-888 Jim Bertram, Director of Planning, appeared before the City Council and gave an analysis that (42) recommended that the three report elements of the Comprehensive Plan be printed to serve as an interim land use report. After consideration of all information received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to authorize acceptance of the low bid for printing three report elements of the Comprehensive Plan. 74-33-335-889 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (43) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to approve the following _ nominees to the Board of Trustees of the Lubbock Mental Health and Mental Retardation Center. Nominating Agency Term Expires Dr. Louise L. Luchsinger City of Lubbock -31-7 Paul V. Bush City of Lubbock 8-31-76 Kenneth May City of Lubbock 8-31-76 Arnold Maeker, Chairman Lubbock County 8-31-75 Weldon Garrett Lubbock County 8-31-76 Dr. S. M. Kennedy Lubbock County 8-31-75 Joe V. Boerner Lubbock Independent 8-31-75 School District Charles Galey Lubbock Independent 8-31-75 School District Dr. E. C. Leslie Lubbock Independent 8-31-75 School District 74-33-335-890 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor (44) Bass, Councilmen Jordan, West and Henry voting Yea, none voting Nay that the following resolu- tion be passed. RFCnI IITInm 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 the approval of the City of Lubbock on the cover sheet of the Texas Highway Department's plans for the Fourth Street improvement project within the City of Lubbock, 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 Councilthis 22nd day of August, 1974. /b/ Roy Bass, Mayor -` ATTEST /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 511 f, 2 2 1974 74-33-336-891 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (24) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to authorize Change Order No. 1 to contract with Commercial Concrete Construction Co., Inc., GWO 10,836 adding specified streets and alleys to the 1974 Paving Program. CHANGE ORDER NO. 1 1974 Street Paving Improvements G.W.O. 10,836-A' TO: Commercial Concrete Construction Co., Inc. P.O. Box 6141 Lubbock, Texas 79413 Gentlemen: WHEREAS, it is desirable to make changes in the plans and specifications for this project, being namely the addition of the following units to this program: 2229-10,-20,-21.,-22,-23,-24, -25,-26,-27,-28 and 2230-3, -4,-5, and 2231-4, and 2232-3, -4 and A-459-1,-2,-3,-4,-6. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the Change shown herein and in the revised plans; the Owner agrees to pay the Contractor the amount of the increase in cash; and the Contractor agrees to proceed with construction and to adhere to applicable Specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and Contractor shall be modified to the extent herein indicated, including one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 22nd day of August, 1974. COMMERCIAL CONCRETE CONSTRUCTION CO., INC. Contractor BY /s/ Edward E . Martin Commercial Concrete Construction Co., Inc. BY ROY BASS, MAYOR CITY OF LUBBOCK OWNER RECOMMENDED FOR APPROVAL: /s/ Wilford D. Watson, City Engineer EXHIBIT A TITLE President ATTEST: /s/ Treva Phillips, City Secretary /s/ N. B. McCullough, City Manager 54,688.65 S.Y. Paving 6" Base @ $2.15 = $117,580.60 25,141.72 L.F. 6" Curb & Gutter @ $2.30 = 57,825.96 160.34 S.Y. Ailey Return @$11.00 = 1,763.74 1,231.59 S.Y. Valley Gutters Drainage Slabs @$11.00 = 13,547.49 72.00 L.F. 12" Curb & Gutter @ $3.00 - 216.00 74.85 S.Y. Railroad Crossing @$83.815 = 6,273.58 356.31 L.F. Curb&Gutter Removal & Paving Repair @ $2.50 -- 890.78 3,313.10 S.Y. Alley Paving @ $9.79 = 322435.25 142.52 L.F. Curb & Gutter @ $3.00 = 427.56 $230,9 0.9 Original Contract cost $327,280.00 Net Increase This First Change Order $230,960.96 New Contract Cost $558,240.96 74-33-336-892 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (25) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6965 on first reading. ORDINANCE N0. 6965 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT The sum $35,935.02 For the following purpose: City's cost of paving improvements added by Change Order #1 to G.W.O. 10,836-A (25 blocks of streets and 5 blocks of alleys.) N1 3 i AUG 2219 74-33-337-893 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor (40) Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to pass Ordinance No. 6966 on first reading. ORDINANCE NO. 6966 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, torwit: Water Capital Projects Fund The sum $53,584.00 For the following purpose: Drill and develop wells in Sandhills Well Field: Drilling low bid $48,226.00 Development by City 2,325.00 Engineering 3,033.00 $53,5 }.00 74-33-337-894 The City Council considered an ambulance service contract for the City of Lubbock. The City (33) Manager presented an outline of the present contract's terms and terms for a proposed contract. It was pointed out that additional training would be required for the ambulance personnel and ambulance vehicles would have to meet HEW standards. 1. Personnel Requirements a Crews AMBULANCE SERVICE AGREEMENT Present 2 ambulances and 2 crews available on a 24-hour basis Proposed 2 crews & 2 ambul ances & 1 back-up crew & 1 ambulance available for emergencies from 0800-2400 daily; 1 crew and ambulance & 1 back-up crew C ambulant from 2400-0800. (b) Attendants & Training 2 attendants with advanced first • (1) Ist year-2 attendants aid on each unit per unit with at least one EMT and the other with advanced first aid (2) 2nd year-2 EMT's per unit (c) internal Training None On -going internal training for all personnel and emphasis toward advanced EMT training 2. Equipment Requirements a Numbers of ambulances (b) Ambulance vehicles (c) Vehicle patient carrying capacity (d) Ambulance & attendant equipment supplies F 5 vehicles (2 for emergency at all 5 vehicles (2 for emergent} times & 3 for reserve when needed) at all times and 3 for reserve when needed) Conform with City Code Must carry at least 2 patients each Necessary supplies as required by State Health Department (1) lst year -at least 2 primary units to meet standards for ambulance est bl ished by U.S. Dept. of Health, Education & Welfare Committee on Emergency Services; (2) 2nd year at least 3 units to meet standards of HEW, Committee on Emergency Services. Same Necessary supplies as required by State Health Dept., plus contractor will provide necessary supplies & equipment for EMT trained personnel. (These will include "Mini- mal Equipment for Ambulanct as recommended by the Committee on Trauma, American College of Surgeon! 33 JG221974 Present Proposed 3. Communications Require- (1) 2-way radios in each unit furnished ments by contractor; (2) Police radio fur- nished by City; (3) direct line to Iblice- dispatcher furnished by contractor 4. Res onse Time Require- Central location and minimum of one ments substation 5. General Management Re- uirements a Data Reporting Financial & incident reports furnished monthly to City (b) Compliance with contract requirements (c) Liability Insurance Public Liability of $50,000/ $100,000/$50,000 (d) Performance Bond $7,500 Bond (e) Contract Period Month to month basis; $2,400 monthly; & Cost 30 day termination clause (1) 2-way radios in each unit furnished by contractor; (2) police radio furnished by City; (3) direct line to police dispatcher furnished by contractor; (4) capability to communicate with hospitals & other emergency services from ambulance units; (5) pub- lished number in telephone directory with other emer- gency listings (inside cover) (1) 2 ambulance stations; (2) locations of station dependent on analysis of data to determine appropriate district to maintain average 5 minute response time and to further minimize response times to 5 minutes or less within City limits. (1) Financial & incident re- ports furnished monthly to City (2) Forms subject to up- dating & revision (3) improve time taking measures of calls; dispatching, etc. (1) Periodic inspection of equipment & supplies by Health Department & Police Chief (2) Analysis of data for quality control (3) Monitoring by appropriate City department Same Same 2-year period with review after i year performance; 60 day termination clause. David Ehler, owner of AID ambulance, appeared before the City Council and explained that his company could adequately meet the EMT training requirements in the proposed contract. He also explained proposed changes in substation locations in regard to response times. Mr. Ehler pre- sented a cost estimate for the proposed contract which would require an additional monthly cost of $2,143 above the present contract cost. He suggested that ambulance emergency and trans- fer rates be increased to cover part of this cost and the balance be financed by the City. The additional monthly cost to the City would be $500, making the new cost $2,900 per month. Bill Tinney, Chairman of the Board of Directors of West Texas Health Systems, appeared request- ing the Council to postpone a decision on this contract until their committee has had an opportun- ity to get together and work out details of standards of EMS systems. Larry DePriest, with West Texas Health Systems, appeared and discussed proposed contract in regard to response time. Tom Beck, Health Planner for SPAG, appeared before the City Council and reported that a pro- fessor at Texas Tech has offered his services in locating ambulance stations. After considera- tion of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay that the City give notice to the contracting parties (AID and the Hospital District) of intent to amend the contract. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay to authorize the Legal Department to draw up a contract along the lines as suggested by the Staff. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, TWE Cl COUNCIL ADJOURNED FROM REGULAR MEETING, August 22, 1974. ATTEST: ROY BA S, MAY h } Treva Phillips, " y Secretary -Treasurer READ AND APPROVED THIS -THE 12th day of September, 1974. ATTEST: ROY BASS, MAYOR Treva Phillips, C i0l Secretary-Treasurer Ll