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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/26/19741f SEP2fi1974 74-33-366-973 74- 33-366-974 (2) 74-33-366-975 (3) 74-33-366-976 (11) REGULAR CITY COUNCIL MEETING September 26, 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, Councilman Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None The invocation was given by Sam Walh, Director of Public Works. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. 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 approve City Council Minutes - Regular Meeting held September 12, 1974. 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 pass Ordi- nance No. 6968 on second and final reading. ORDINANCE NO. 6968 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, ]�ii�I:��1:11R�+7 �'i�;l��li�'Z��I>�P[�i>l�T��;I��Ii�'S�I���L•�:I�I�� WATE R There is hereby appropriated out of the following described bond fund, to -wit: /CAPITAL The sum $31,930.00 PROJECT FUND For the following purpose: Purchase 3/4 inch and 1 inch water meters 1000 - 3/4" @ 23.35 $23,350.00 150 - 1" @ 57.20 8,580.00 TOTAL $31,930.00 74-33-366-977 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6974 on second and final reading. ORDINANCE NO. 6974 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 $494,276.47 For the following purpose: Construction of sanitary sewer relief trunk main from Avenue "K" to the Northwest Reclamation Plant. Contract 653,767.80 Paving Repair 1,210.00 Engineering & Incidental 39,298.67 Less Federal Revenue Sharing-200,000.00 494,276.47 74-33-366-978 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (13) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6975 on second and final reading. ORDINANCE NO. 6975 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it si necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit WATER CAPITAL PROJECT FUND The sum $229,490.54 For the following purpose: Construct water distribution main from Marshall St. (N. Ave. "N") to 37 SEP 2 6 1974 ow University Avenue at Loop 289 Contract 215,977.90 Paving Repair 2,410.00 Engineering & Incidental 11,102.64 TOTAL 229, 90.5 -33-367-979 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (14) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6976 on second and final reading. ORDINANCE NO. 6976 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, twit: WATER FUND The sum $89,397.18 For the following purpose: Construct 27 inch water supply line from North Ave. "H" to Uni- versity Ave. Contract. 272 833.00 Paving Repair 2,070.00 Engineering C Incidental 14,494.18 Less Federal Revenue Sharing-200,000.00 9,397.1 74-33-367-980 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Yea, voting Nay to pass {15} Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting none Ordinance No. 6967 on second and final reading. ORDINANCE NO. 6967 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON LOOP 289 IN THE CITY OF LUBBOCK THIS ORDINANCE: DIRECTING PLACE- AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH MENT OF SIGNS WITH RESPECT CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMES HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. 74-33-367-981 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Yea, none voting Nay to pass (16) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Ordinance No. 6973 on second and final reading. ORDINANCE NO. 6973 AN ORDINANCE SETTING THE TAX RATE AND LEYVING A TAX UPON ALL PROPERTY SUBJECT TO TAX- ATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1974; APPORTIONING SAID LEVY AMONG FIXING THE TIME IN WHICH SAID THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; AND INTEREST FOR NON -PAYMENT OF SUCH TAXES WITHIN THE TAXES BE PAID AND ASSESSING PENALTY TIME PROVIDED. 74-33-367-982 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, voting Nay to pass (17) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none Ordinance No. 6970 on second and final reading. ORDINANCE N0. 6970 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET; A PORTION OF AND LOT 2, BLOCK 5, STREET: A PORTION OF 27TH STREET BETWEEN LOT 1, ALBRIGHT ADDITION LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY USLEAMAN`S ADDITION TO THE CITY OF LUBBOCK, OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL DESCRIBED IN THE BODY OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION MAP OF STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-36.7-983 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Yea, none voting Nay that the (1$) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting 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 AND for and on behalf of the City of Lubbock a Quit Claim Deed in favor of FORT WORTH be upon the minutes of the Counc DENVER RAILWAY COMPANY, attached herewith which shall spread this Council shall constitute and be a part of this Reso- and as spread upon the minutes of lution as if fully copied herein in detail. Passed by the City Council this 26th day of September, 1974• /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary --Treasurer APPROVED AS TO FORM: . . — . ., I .a_.. I- r;+., Artr,rnPv 368 SEP 2 6 1974 THE STATE OF TEXAS X COUNTY OF LUBBOCK QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by FORT WORTH AND DENVER RAILWAY COMPANY, hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: A portion of 27th Street between Lot 1, Albright Addition and Lot 2, Block 5, Usieaman's Addition to the City of Lubbock, Lubbock County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the Southwest corner of Lot 1, Albright Addition; THENCE South 71023'30" East a distance of 149.05 feet to the Southeast corner of said Lot 1; THENCE South a distance of 3.6 feet to the Northeast corner of Lot 2, Block 5, Usleaman's Addition; THENCE West along the North line of said Lot 2, a distance of 137.5 feet to the Northwest corner of the aforesaid Lot 2; THENCE North a distance of 50.00 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, City of Lubbock, its successors 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 26th DAY OF SEPTEMBER, 1974. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phil l ips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-368-984 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carriedMa 0 9) Bass, Councilmen West, Jordan, Henry and Campbell yor voting Yea, none voting , ng Nay to pass Ordinance No. 6971 on second and final reading. ORDINANCE N0. 6971 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY; ALL THE EAST -WEST ALLEY IN BLOCK 2, C. N. HODGES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PATICULARLY 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; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-368-985 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, 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 a QUIT CLAIM DEED in favor of The First National Bank at Lubbock, Texas, Administrator with Will Annexed of the Estate of C.N. Hodges, Deceased, and the First National Bank of Fort Worth, Texas, and Foster Howell, Co -Administrators with Will Annexed of the Estate of Linnie Jane Hodges, deceased, 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 26th day of September, 1974. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 369 SEP 2 6 -W4 QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/l0O ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by The First National Bank at Lubbock, Texas, Administrator with Will Annexed of the Estate of C. N. HODGES, Deceased, and the First National Bank of Fort Worth, Texas and Foster Howell, Co -Administrators with Will Annexed of the Estate of LINNIE JANE HODGES, Deceased, 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: All the East-West alley in Block 2, C. N. Hodges Addition to the City of Lubbock, Lubbock County, Texas, which lies between Avenues "J" and "L". TO HAVE AND TO HOLD the same premises together with all and singular the rights, pri- vileges and appurtenances thereto in any manner belonging unto the said GRANTEE, their successors and assigns forever, so that neither the Grantor, City of Lubbock, its successors 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 26th day of September, 1974. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-369-986 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (21) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6972 on second and final reading. ORDINANCE N0. 6972 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION OF THE NORTH -SOUTH ALLEY ADJACENT TO THE EAST SIDE OF TRACT "G", C. N. HODGES ADDITION TO 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; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-369-987 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (22) Mayor 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 W. A. MADDOX and W. V. MADDOX, 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 26th day of September, 1974. ATTEST: /a/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. , City Attorney THE STATE OF TEXAS X COUNTY OF LUBBOCK X QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100($1.00) DOLLARS and other good and valuable consideration to it in hand paid by W. A. MADDOX and W. V. MADDOX, herein- after 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: *3'70 ;EP 2 6 1974 r A portion of the North -South alley adjacent to the East side of Tract "G", C. N. Hodges Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the East line of Tract "G", C. N. Hodges Addition, said point being 72.00 feet North 0004'55" East of the Southeast corner of said Tract "G"; THENCE North 44055'05" West a distance of 28.28 feet; THENCE North 0004'55" East a distance of 90.00 feet; THENCE North 45004'55" East a distance of 28.28 feet; THENCE South 0004'55" West a distance of 130.00 feet to the Place of Beginning. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, their heirs and assigns foever, so that neither the Grantor, City of Lubbock, its successors 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 26th day of September, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer /s/ ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution .be passed. 74-33-370-988 RESOLUTION (23) Resolution authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as Amended. WHEREAS, the Secretary of Transporttion is authorized to make grants for mass transporta- tion projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the pro- vision of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U. S. Department of Transportation requirements the reunder; and WHEREAS, it is the goal of the Applicant that minority business enterprises be utilized to the fullest extent possible in connection with this project, -and that definitive pro- cedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: !. THAT the Mayor is authorized to execute and file an application on behalf of the City of Lubbock with the U.S. Department of Transportation to aid financing of the City's subsidy of the local transit system. 2. THAT the Mayor is authorized to execute and file with such application an assurance or any other document required by the U. S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. THAT B. H. McDaniel, Director of Traffic, is authorized to furnish such additional information as the U. S. Department of Transportation may require in connection with the application or the project. 4. THAT the Mayor is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Passed by the City Council this 26th day of September, 1974. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: LN /s/ Fred 0. Senter, Jr., City Attorney 3! SEP Z 6 13 qM ROW r 74-33-371-989 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6982 on first reading. ORDINANCE NO. 6982 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 $9,376.00 For the following purpose: Traffic controller for the intersection of 4th Street and Boston Avenue. 74-33-371-990 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (25) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to ap- prove the price and conditions of sale on Parcel No. 7D-7-18 in the NDP Second Action Year Area to Manuel Landeros for a consideration of $4,127 to be redeveloped as a single family residence. 74-33-371-991 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (26) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RFSnI I IT I f M WHEREAS, the City of Lubbock contemplates the construction of sewer lines within the City of Lubbock; and WHEREAS, the Texas Water Quality Board will possibly have grant funds available to assist in such construction; NOW THEREFORE 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 to execute any grant application forms from the Texas Water Quality Board covering grant assistance in the Con- struction of sewer lines. Passed by the City Council this 26th day of September, 1974. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-371-992 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. rq!&F1TnI1dr11ri WHEREAS, the City Council of the City of Lubbock, Texas has authorized a program of construction of sewage works and the United States Government, acting through the Federal Water Pollution Control Administration, has offered a federal grant designated as Project WPC-Tex-542; and WHEREAS, W. R. BLACKWELL, was heretofore authorized and directed to sign any necessary documents required to complete the project on behalf of the City of Lubbock by resolution dated May 14, 1970, but no longer serves as City Manager. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT, ROY BASS, MAYOR of the City of Lubbock, Texas, BE and is authorized and directed to sign the necessary documents required to complete the project on behalf of the City of Lubbock, Texas. ADOPTED this 26th day of September, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ROY BASS, MAYOR Is/ Fred 0. Senter, Jr., City Attorney 3'72 [p 2 i') 1974 74-33-372-993 The City Council considered the purchase of lake site property at 60th Street and Raleigh Avenue. (29) Dewie Rothwell, owner of the property, appeared before the City Council. Sam Wahl, Director of Public Works, appeared and presented a map showing the location of this property. After consideration of all information presented, it was the consensus of the City Council to defer action on this item and to instruct the City Manager to get a third appraisal on this property. 74-33-372-994 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (30) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RFSn1 Irr1 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 Street Use License in favor of Lubbock Parking Service, attached hereto 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 26th day of September, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Sehter, Jr., City Attorney STREET USE LICENSE THE STATE OF TEXAS X X COUNTY OF LUBBOCK X /s/ ROY BASS, MAYOR This indenture made this 26th day of September, 1974, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality, hereinafter called "CITY" and the LUBBOCK PARKING SERVICE, A Texas Corporation, hereinafter called "GRANTEE". WITNESSETH: Subject to the terms, conditions, and provisions herein, the City of Lubbock, Texas, does hereby grant unto GRANTEE the right, privileges and license to construct, occupy and :.. maintain the uses stated below to be located within portions of land being strips approximately 30 inches wide in lOth Street and Avenue J abutting the North side of Lot 20 and the East side of Lots 16 through 20 (inclusive), Block 102, within the Original Town Lots of the City of Lubbock, Lubbock County, Texas as more particularly shown and described on the drawing hereto incorporated and made a part hereof. The uses permitted under this license are des- cribed as theains.tal.lationcand/or consttuctioniedf flower boxes) andlb}r-us-hed coK&r-eteesPde- wall<s as showneinethe ;at-tac�hed drawing � lat ion and/or construe of f lower boxe, and bru iewaiks as s-,- wn in the attached drawing. (1) Grantee shall be responsible for the pruning and/or shaping of the plants and shrubs planted in or immediately adjacent to the public right of way covered in this license, to insure that the alleys, sidewalk areas and streets remain free of obstruction so as not to obstruct ingress and egress and passage through these public areas. (2) Curb and gutter sections, and curb and gutter and sidewalk grades shall be as speci- fied by the City Engineer. (3) The City reserves the right to install or remove traffic control signs or devices, parking control signs, parking meters, or any other item incident to the control or regulation of traffic and normally installed in the street right of way. (4) The term of this grant shall be for twenty (20) years from the date of adoption hereof. (5) Grantee shall pay to the City as a compensation for such grant the sum of ONE HUNDRED ($100.00) DOLLARS payable with the execution hereof in one lump sum in advance. (6) Prior to any construction as authorized by this license, the Grantee shall submit to the City Engineer plans and specifications for the construction to be done, and the Grantee shall not commence construction until such plans and specifications are approved by the City Engineer. (7) The Grantee agrees to pay all costs arising out of the exercise of the license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. (8) In the event the City determines that the existence of such use interferes with or causes the re-routing or re -alignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to. be constructed by the City of franchised utility, Grantee agrees to reimburse the City of Lubbock, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred exceptfor Grantee's use herein. 373 SEP 2 6 1�14 F 74-33-373-99�- (31) 74-33-373-996 (33) without first receiving the written This license is not transferable by the Grantee consent of the City Council of the City of Lubbock. This license is made subject to the 1on andprepare begin that ruor Grantee completeexercise any any right under the license betel granted part of the construction as herein oepGranteecrots successors andany or all of tassignse set out property, then in that eventsaid will at all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity whstl�censever kordthe construction or or nature which rY grow out of or be related to the making of this require an agree - maintenance and use permitted herein. te to City, at its option, may ment with any contractors hired byhGranaereementrwiconstructionform the ill indemnifytheCityrfromrand or maintenance permitted herein, w g against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. when engaged in the contractor. The City may further require such contratoo furnish, without expense construction, repair or maintenance permitted herein, to City, a reliable surety bond, inferme enofaadlithe°terms, covenantstisfactory tandsaid City, guaranteeing the faithful per conditions contained in said agreement and a certified copy of a policy of public rm liability and property damage insuranthewithin contractuallimits lsabilitydassumedand byncontpactor satisfactory to, said City, covering riot to in said agreement with City. The City agrees to give notice to Grantee p incurring any costs or expenses or the payment of any such claims or demands in order to give Grantee a reasonable opportunity to settle or adjust the same. any before At such time a this licenseoohehprimaby term, theor revoked improvementsrthat arespermitted or after the expiration under this license shall be removed by the Inrtheoevento its original condition at no cost or expenseCity, the Grantee fails or refuses to remove cause toimprovements befremovedasuchyimprovements city shall enter possession, and remove o and the expense incurred shall be assessed against Grantee for which Grantee shall be liable. nd All of the covenants and provisions on inure to the benefit of the successors,tlesgal'representativescense shall be , `assinding p gnsandathe nt duly authorized agents and contractors e and inureparties thehereto benefitthe of the parties and effect as the same are binding p its successors or assigns shall hereto, but no assignment hereof by the Grantee, be binding upon the City of Lubbock without the consent of the City of Lubbock in each instance except as specified in Paragraph 9- (13) This license may be cancelled by the City of Lubbock at any time after 30 days written notice by United States Mil addressed to Grantee in care of Lubbock National Bank, Lubbock, Texas, 79 401. ands (14) Grantee, by the acceptance of the useSdarereintendedeortdagrees impliedexceptthose that no interest, title or rights possession expressly set forth herein and Grantee waives any and all gvelpeacefulapossession public way it is permitted to use hereby and agrees to g of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this 26th day of September, 1974• LICENSEE: ATTEST: LUBBOCK PARKING SERVICE, Secretary A Corporation APPROVED: /s/ Fred 0, Senter, Jr., City Attorney APPROVED: BY James A. Littlefield, President /s/ Sam Wahl, Director of Pulic Works or Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carr�roveMaygrant Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay/$p Bass , ded a lication for the Rape Crisis Center through AndeirsonnappearedRelations beforie'theen to be City Council Pp by Criminal Justice Council funds. Mrs. Betty and explained the objectives of the Rape Crisis Center. Perkiamount Of for City Council considered the claim of Lorenzohelterns Afterin econsideration5of all i nfor eakage Y Councco The ma- of a glass window by an employee of the Animal S seconded by Councilman Henry, motion tion presented, motion was made by Councilman West, led and Campbell voting Yea, Councilwoman Jordan carried, Mayor Bass, Councilmen West, Henry voting Nay to deny this claim. 37 SEP 2 6 1974 74-33-374-997 (34) 74-33-374-998 (35) 74-33-374-999 (36) 74-33-374-1000 (37) 74-33-374-1001 (38) 74-33-374- 1002 (41) The following bids were received for repair to roof decks of concrete water storage reservoirs being Bid No. 3079. , 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 Neogard Corporation, Dallas, for repair to roof decks of concrete water storage reservoirs. The following bids were received for repair to City Hail cooling tower, being Bid No. 3068. 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 Industrial Maintenance Contractors, Inc., Midland, for repair to City Hall cooling tower. The following bids were received to establish price on water meters of various sizes, to be ordered as needed, being Bid No. 3056. 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 Rockwell Manufacturing Co., Houston, for the purchase of Items 1, 2, 3, 4, 5, 6, and 12; accept the bid of Hersey Products, Inc., Dedham Massachusetts, for the purchase of Item 7; accept the bid of Gamon-Calmet Industries, Inc., Florence, Kentucky, for the purchase of Items 8 9, 10 and 11. The following bids were received for the purchase of electrical circuit breakers for Electric Distribution, being Bid No. 3047. 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 Westinghouse Electric Supply Co., Lubbock, for the purchase of electrical circuit breakers for Electric Distribution. 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 pass Ordi- nance No. 6983 on first reading. ORDINANCE NO. 6983 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 The sum $171,467 LIGHT AND POWER SYSTEM REVENUE BOND FUND For the following purpose: To purchase 15KV and 138KV Circuit Breakers and Interrupter Switches and Mechanisms. The City Council considered a fire contract with the County of Lubbock. City Manager N. B. McCullough was instructed to contact Judge Shaw's office in regard to the decision of the County Commissioners' Court on this contract. Mr. McCullough reported that Judge Shaw had been contacted, and was instructed to offer the city the amount' of $313 per fire call. F.1.re Chief Hershel Sharp appeared and discussed the cost of fire calls, stating the City's obligation was primarily to the citizens of the City of Lubbock. In response to questions from the City Council, Ken Jones Assistant City Attorney, stated that if city fire trucks o City limits without a contract, and there is injury to a f-Ireman, or property damage it woul be the sole responsibility of the city. Chief Sharp stated that the cityhonor u outside to other cities when they call for additional help.�� d s mutual aid" After consideration of all information presented, 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 make an offer to continue contract with the County of Lubbock for $832 per call, as originally proposed. -33-374-1003 The City Council considered the request of (42) the Human Development Center for to restore the building at Broadway E Texas Avenue, which was dama ed b fire.a building permit member of the Board of Trustees of the Mental Health and Mental Retardation CenteOeaBoerner, to discuss steps to be taken in order to repair the damages, and bring the building up to standards appeared required by the building code. Arnold Maeker also appeared in this regard, that he had been in touch with the Building Inspection Department and would phase in the work to be done to brie the building up to meet the safety code standards. Joe Hacker of Lubbock Christian College g appeared in regard to ownership of the building by Lubbock Christian College. 0 Lr.. 3'75 SEP 2 ' ' -A 74-33-375-1004 (28) fter consideration of all information presented, motion was made by Councilman West, econded by Councilman Henry to afhlze fastthe andseffnceently asipossgblertotupgrade, with tthe build- nderstanding that all parties wokas ng to meet safety standards required by the building code. .t this time, motion was made by Councilwoman Jordan t amend mext d the originals, for otionthenefito include etting up a list of priorities to be done t of he owners, tenants, and the city. This motion died for lack of a second. 'he vote on the original motion was as follows: Mayor Bass, Councilmen West, Jordan, Henry snd Campbell voting Yea, none voting Nay. nA The City Council considered extension offagreement or the Canyon reLaksearch, mot!teAfteracons�deration services with the Water Resource of all information presented, motion was made WestCouncilman Henryband,Campbelldvotingby uYea,ten West, motion carried, Mayor Bass, Councilmen 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 LubcBEXTEN510Nhereby AGREEMENThto'the ResearchCtMoniteringto execute for and on behalf of the City of Lubbock an and Advisory Service Agreement with Texas whichTech shallUniversity spreadWater uponResource minutesCenter of thethe Councilon Lakes Water Quality attached herewjth Council shall constitute and be a part of this Resolution and as spread upon the minutes of this as if fully copied herein in detail. Passed by the City Council this 26th day of September, 1974• /s/ ROY BASS, MAYOR ll ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney EXTENSION AGREEMENT TO THE RESEARCH, MONGADVISORY SERVICE AGREEMENT CANYON LAKESWATERQUALITY e Cnter WHEREAS, the City of Lubbock and Texasfor theh University performance ofter research,cmoniteringnanded into an Agreement on February 22, 1973, p advisory service on the Canyon Lakes Water Quality, and WHEREAS, such Agreement was extended for twelve (12) months by an Extension Agreement dated September 13, 1973, and WHEREAS, the parties to such Agreement have notified the other party that this Agree- ment should be extended for an additional twelve (12) month period. WITNESSETH: The City of Lubbock and Texas Tech University CandetheoExtensyonxthereof, that certain Agreement dated February 22, 973, as described above beginning fora period of twelve (12) months on October 1, 1974• terms and conditions as set firth in the original This Extension is granted upon the same Ag reement . i The City shall pay to the Center as compensation for the services to be performed during the twelve (12) months of this Extension, the sum of $5.877.96 with payment to made at r the rate of $489.83 per month on the first day of each month of the extension period. EXECUTED THIS THE 26th day of September, 1974• CITY OF LUBBOCK I /s/ ROY BASS, MAYOR ATTEST: TEXAS TECH WATER RESOURCES /s/ Treva Phillips, City Secretary -Treasurer CENTER, TEXAS TECH UNIVERSITY APPROVED AS TO FORM: /s/ Dr. Glenn E. Barnett, /s/ Fred 0. Senter, Jr., City Attorney Executive Vice -President ATTEST: Secretary -Board of Regents 3'7 5 E P ? f 1974 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE C TY COUNCIL ADJOURNED FROM REGULAR MEETING, September 26, 1974. ATTEST: ROY BASS, MAYOR Treva Phillips, ity Secretary -Treasurer READ AND APPROVED THIS THE as ATTEST: ROY BAS (PMAYW- 2/ } Treva Phillips, Cl Secretary -Treasurer hi rl�