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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/10/1974OCT 10 1 F IF REGULAR CITY COUNCIL_ MEETING OCTOBER 10, 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 74-33-377-1005 The invocation was given by Larry Cunningham, Assistant City Manager. (1) 74-33-377-1006 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chamber. 74- 33- 377- 1007 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (3) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meetings held September 25, 1974 and September 26, 1974. 74-33-377-1008 Jim Kimmel, representing West Texas Savings Association, appeared before the City Council (7) appealing the ruling of the City Attorney in regard to Zone Case No. 1826-A involving pro- perty located at 50th Street and Indiana Avenue, the present location of a Lutheran church and the proposed site of a savings and loan office. Mr. Kimmel stated that their request for a building permit had been turned down because of an Option Agreement, requested by the City Council in Ordinance No. 6865, guaranteeing the City option to buy right-of-way for a right turn lane on Indiana having not been executed. Larry Teaver also appeared before the City Council in regard to this item. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to hold this item until the next City Council meeting and in the meantime, their representatives get together with our City Attorney and work out a way that will not interfere with their application for their federal insurance, but will bind them to issuing us an option to buy that land as specified in the site plan and in the ordinance at $2.50 a square foot for up to 20 years. Councilman Henry abstained from voting on this item. Mr. Teaver then asked the C un it if tN}, s men tha the bu' ding �ermit wo 1 be held. It was tuy enera ons nsu o t ie C i ty C�ur�c i hat, his bu i i �� nng p rm i t V, Ne d nh Id.Iti 1 �ec�u r i h 74-33-377-1009 Motion was ma e y Councilwoman Jor a , second. by ounciIman amp i $ , (8) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to it pass Ordinance No. 6982 on second and final 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 bondfund, 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. 74-33-377-1010 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (9) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6983 on second and final 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: ELECTRI LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $171,467 FFor the following purpose: To purchase 15KV and 138KV Circuit Breakers and Interrupter Switches and Mechanisms. 10 1974 4-33-378-1011 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, (10) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6977 on second and final reading with -the specific provisionthat in the extension of Chicago D1rec'Urtor l�ra�f icbeappeadre pbe�oree[Rew�ii'yb�oun �iiTo�nngexplaine�tt �ttra etct�attern inDr s1' area and discussed the site plan on this property pertaining to Ordinances No: 477, No. 697 and No. 6979). ORDINANCE NO. 6977 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT, ZONE CASE NO. 1615D: CHANGE THE WESTERN PORTION OF TRACT B, SOUTH PLAINS MALL ADDITION, CITY OF LUBBOCK, TEXAS, FROM AN 13R-2" TO A "C-3" SPECIFIC USE PERMIT, TO -WIT: SHOPPING CENTER AND RELATED USE; SUBJECT TO A CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 4-33-378-1012 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (11) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6978 on second and final reading with the specific provision that in the extension of Chicago Avenue the street be lined up so there will be no "doglegle ORDINANCE NO. 6978 there at 57th Street. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5962 OF THE CITY OF LUBBOCK COVERING ZONE CASE NO. 1615D PERTAINING TO A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS, BY CHANGING A CONDITION MADE A PART THEREOF REGARDING A SITE PLAN; ADDING NEW CONDI- TIONS THERETO; REPEALING ORDINANCE NO. 6077 OF THE CITY OF LUBBOCK WHICH AMENDED ORDINANCE NO. 5962; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 4-33-378-1013 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, (12) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6979 on second and final rypding with the specific provision that in the extension of Chicago Avenue the street be fined up so there will be no "dogleg" ORDINANCE N0. 6979 there at 57th Street. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6239 OF THE CITY OF LUBBOCK, TEXAS, BY RE- VISING THE SITE PLAN MADE A PART THEREOF, SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 4-33-378-1014 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6980 on second and final reading. ORDINANCE NO. 6980 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUB- BOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1560-A: CHANGE LOT 13, BLOCK 32, RUSHLAND PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN A-2 TO AN AM ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVID- ING FOR PUBLICATION. 4-33-378-1015 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. 6981 on second and final reading. ORDINANCE NO. 6981 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT TO -WIT, ZONE CASE No. 1979: CHANGE LOTS 19 AND THE WEST .5 FEET OF LOT 20, BLOCK 1, SQUYRES PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AN R-1 TO AN AM SPECIFIC USE PERMIT, TO -WIT: MEDICAL AND PROFESSIONAL OFFICES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 4-33-378-1o16 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6984 on first reading. ORDINANCE NO. 6984 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 $30,000.00 For the following purpose: Park improvements in the Canyon Lakes Project. 50% - HUD 50% - Bond Funds 4-33-378-1017 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (16) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. W. 1 RFSnf lrr i nN WHEREAS, the City of Lubbock and Lubbock County, by Joint Resolution, created the Lubbock Urban Transportation Study Group; and the Steering Committee of such group was designated as the planning organization for transportation development in the Lubbock area; and WHEREAS, it is contemplated that the Department of Transportation will provide as- sistance in planning transportation in the Lubbock area; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the City of Lubbock hereby agrees to be the governmental unit to receive and disburse any funds under a grant agreement with the Department of Transportation cover- ing transportation planning in the Lubbock area; and THAT, the Mayor of the City of Lubbock is hereby authorized to execute any grant agreements between the City of Lubbock and the Department of Transportation providing for assistance in transportation planning to be performed by the Steering Committee of the Lubbock Urban Transportation Study Group. Passed by the City Council this loth day of October, 1974. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-379-1018 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, (17) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 713-8-15 in the NDP Urban Renewal Area to Gibbs -Stephens Partnership for a consideration of $18,000 to be redeveloped for retail purposes. 74-33-379-1019 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the offer of Mrs. Ruby E. Stephensen to pay $800, which is the principal and one-half of the interest which has accrued on a paving assessment certificate on her property at 1902 5th Street. 74-33-379-1020 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, (19) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to autho- rize a partial release of the paving lien on Lot 5, Block 2, Oldham's Mesa Addition. This property is owned by Mr. Gay Grump. 74-33-379-1021 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting May that the following resolution be passed. n�Mljlvhff "IL 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 Bell Dairy Products, Incorporated, of Lubbock, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of October, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer STREET USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK X /s/ROY BASS, MAYOR This indenture made this loth day of October, 1974 between the CITY OF LUBBOCK, Texas a Home Rule Municipal Corporation, and BELL DAIRY PRODUCTS, INCORPORATED, of Lubbock, Lubbock County, Texas, acting herein by and through its officers hereunto duly authorized, hereinafter called "LICENSEE". 0 0 1974 WITNESSETH: Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a loading dock utilizing approximately a 21 inch strip of the Right - of -Way of Second Street the following described portion of dedicated public street, to -wit: BEGINNING at a point in the North line of Lot 12, Block 1, Perkins Subdivision of the Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas,said point being 9.00 feet East of the Northwest corner of said Lot 12 for the Southeast corner of this tract; 0 THENCE West along the North boundary line of Lots 12 and 25, Block 1, Perkins Subdivi- sion a distance of 15.00 feet to a point for the Southwest corner of this tract; THENCE North 21 inches to a point for the Northwest corner of this tract; THENCE East, parallel to, and 21 inches North of the North boundary line of said Lots 25 and 12 a distance of 15.00 feet to a pointfor the Northeast corner of this tract; THENCE South 21 inches to the place of BEGINNING. 0 I. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, address to LICENSEE at 201 University Avenue, Lubbock, Texas. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its ori- ginal condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUB- BOCK shall enter possession, and remove or cause to be removed such improvements and the ex- pense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of $10.00 per year payable in advance in one lump sum of $200.00 payable on execution of this instrument. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, side- walks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use inter- feres 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 LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such re -locating or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the writ- ten consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, 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 of whatsoever kind or nature which may grow out of or be related to the making of this license or the construc- tion or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and con- ditions contained in said agreement and a certified copy of a policy of public liability asLi - sumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and pro- perty damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 0 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representative, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the 3 OCT 10 F F r consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph 5 hereof. 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED THIS day of , 1974. LICENSEE: BELL DAIRY PRODUCTS, INCORPORATED BY: /s/ George Wilson, President ATTEST: Secretary of Corporation APPROVED: /s/ Fred 0. Senter, Jr., City Attorney APPROVED: /s/ Wilford D. Watson, City Engineer 74-33-381-1022 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (23) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6985 on first reading. ORDINANCE NO. 6985 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 Lighting Bond Fund The sum $25,000.00 For the following purpose: To install residential mercury vapor street lights at various locations in the City of Lubbock, Texas 74-33-381-1023 Motion was made by Councilman West, 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. 6986 on first reading. ORDINANCE N0. 6986 AN ORDINANCE SETTING UP A NEW CLASSIFICATION OF POLICE CORPORAL; PROVIDING FOR THE METHOD OF DETERMINING THE NUMBER OF POSITIONS AND SALARIES THEREFOR IN SAID CLASSIFICA- TION AND JOB SPECIFICATIONS THEREFOR; AND PROVIDING FOR A SAVINGS CLAUSE AND PUBLICATION HEREOF. 74-33-381-1024 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (25) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to aNthorize the extension of the 90 day period for passes for Lubbock Transit for an additional ' 90. days. 74-33-381-1025 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (26) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the gollowing resolution be passed. Ernie Prenevost of Lubbock Transit appeared and discussed us routes. 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 LEASE EXTENSION AGREEMENT between the Cit of Lubbock and Lubbock Transit Corporation, attached hereto which shall be spread upon the g2 T 10 1974 4-33-382-1026 (27) 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 loth day of October, 1974. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS X X LEASE EXTENSION AGREEMENT COUNTY OF LUBBOCK I --� WHEREAS, the CITY OF LUBBOCK and LUBBOCK TRANSIT CORPORATION entered into a Lease Manage- ment Agreement dated September 28, 1972; and, which was extended by Agreement dated September 27, 1973; and WHEREAS, the parties thereto desire to extend such agreement as shown below; NOW THEREFORE: WITNESSETH: THAT the CITY OF LUBBOCK and LUBBOCK TRANSIT CORPORATION do hereby agree to an extension of the Lease Management Agreement dated September 28, 1972, and extended on September 27, 1973. This extension shall be upon the same terms and conditions as stated in the original agree- ment, except however, sub -sections (a) (b) of condition 10 of the original agreement is amended by changing the maximum condideration to ONE HUNDRED THIRTY-TWO THOUSAND AND NO/100 ($132,000.00) DOLLARS. The term of this extension shall be on a month to month basis with the right to termina- tion by either party on thirty days written notice to the other party. EXECUTED THIS loth DAY OF OCTOBER, 1974. CITY OF LUBBOCK /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney LUBBOCK TRANSIT CORPORATION ATTEST: President ecretary Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. L7IL14r7iIYaF&IIi BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a SUPPLEMENTAL AGREEMENT TO HANGAR GROUND RENTAL AGREEMENT between the City of Lubbock and Hangars of Lubbock, Inc., attached hereto which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this IOth day of October, 1974. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: 0 /s/ Fred 0. Senter, J r. , C i ty Attorney 383a 74-33-383-1027 ---TAX-R0LL-$ RsdL AND PgkSONA►"ROLPERTY IN T- rHE-COMPORATE--L IKI-TS-OF THE CITY OF LUBBOCK, AND/OR LUBBOCK INDEPENDENT SCHOOL DISTRICT AS -- ASSESSED LUBOOCK, T AS _ RECAPITULATION OF CITY TAX ROLLS VALUE REAL VA►LIJE PERSONAL f - - -- $35,000 CITY BUSINESS PERSONAL ROLLS _ F . la4>13z.5$d CITY . ONLY S. 4 7315-35 00 CITY MOBILE HOME ROILS o i,64b,OS0 CITY AUTOMOB ILE ROLLS 140TMLS CITY OIL ROLLS 47 4lO RECAPITULAT-LON OF SCHOOL TAX < SCHOOL REAL ESTATE ROLLS _ - 58z,668,470 . SG SCHOOL ONLY BUSINESS PERSONAL ROLLS �4,614.340 �CROD.L MOBII !`H.OM.E Rol -us-- ^^.__..._ _-_1.646 .090 SCHOOL AUTOMOBILE ROLLS 111,971,470 _SCHOOI Oil Polls _ -_ 4 7,010 SCHOOL ONLY OIL ROLLS TOTALS 36 68O - - STATE CITY OF LUBBOCK: 1, John R. Brooks, Tax Assessor -Collector for the City of Lubbock and Lubbhck Independent Schoo -- a-t fand—personal proper "uh f eCS - to tixatien w i th �r j So far as I have been able to ascertain the r1nne ta a manner. and form as by Low, same, that I have sworn every person Ilsting proper.y to me within and that the down In the C proulded assessment ualue-as--se.t. p thereof, as ascertained by Law, and that the footings of the several columns In said books, and the tabulation state SUBSCRiBM AND SWORN TO BEFORE ME, THIS 17TH DAY OF OCTOBE1t, 1974 NOTARYIRUBLI , I'UBBOCK COUN , TEXAS ACTING IN BEHALF OF THE BOARD -OF EQUALIZATION FOR WE, THE !UNDERSIGNED MAYOR M4 CITY COUNCILMEN OF TiiE-�1'F1FQF- ,AND LUBBOCK INDEPENDENT C-FTY-Of--t;UBBftK, TEXAS, AT -A SCHOOL DISTRICT, 1, CHAIRMAN THEREOF, AND BOARD CERTIFY THAT WE HAVE EXAMINE) AND APPROVED THE FOI —tSEMBERS TAX ROLLS, AND APPROVE THE FINAL TOTAL ASSESSMENT YEAR 1974, TOGETHER WITH TIIE RECAPITULATION THEREi AS -MADE . { --- 141 .cEN�4RIi " { // MEMBER /J .vG'✓ �/)..� ,r_M MEMBER MI=Mi R rl - r --- ATTEST: L t. 0'L OCT 10 €974 on SUPPLEMENTAL AGREEMENT TO HANGAR GROUND RENTAL AGREEMENT THE STATE OF TEXAS I COUNTY OF LUBBOCK I WHEREAS, the CITY OF LUBBOCK and HANGERS OF LUBBOCK, INC. on August 22, 1974 entered into an Agreement covering a lease of certain property located at the Lubbock Regional Air- port, and, WHEREAS, Section C of Article VI of such Agreement stated that the construction costs of the buildings to be placed on the leased primises would be established by an Agreement between the parties and attached to such original Agreement, NOW THEREFORE, the CITY OF LUBBOCK and HANGARS OF LUBBOCK, INC. do hereby agree as follows: 1. The total value of all buildings to be constructed on the leased premises des- cribed in the original Agreement stated above shall be $158,325.15. 2. The City's title and interest in and to all buildings constructed on the leased premises shall be 20 000.00 or 12.61%. THIS Agreement is a supplement to the original Agreement stated hereinabove and shall be attached to and made a part of such original Agreement. EXECUTED this loth day of October, 1974. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney ATTEST: 1HE CITY OF LUBBOCK /s/ ROY BASS, MAYOR /s/ Marvin W. Coffee, Director of Aviation HANGARS OF LUBBOCK, INC. /s/ Roy, W. Neal, Jr., Secretary /s/ Earl Horton, J r. , President 74-33-383-1027 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan; motion carried, (28) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the 1974 City of Lubbock Tax Rolls. Set in Copy of Tax Rolls on page 383a. 74-33-383-102B The City Council considered the claim of H. E. Foster in the amount of $94.62 for damages (30) to his pickup. After consideration of all information presented, motion was made by Council- man West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to deny this claim. 74-33-383-1029 The City Council considered the claim of Noama Evans in the amount of $62.37 for damages (30a) to her automobile. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to deny this claim. 74-33-383-1030_" The following bids were received for the purchase of 75 tons of ammonium sulfate for the (31) Parks Department, being Bid No. 3110. 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 Williamson Seed Co.for the purchase of ammonium sulfate. 74-33-383-1031 The following bids were received for the purchase of 57 tons of anthracite (hard coal (33) pellets) for the Water Treatment Plant, being Bid No. 3101. 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 Carbonite Filter Co., Delano, Pennsylvania, for the purchase of 57 tans of anthracite for the Water Treatment Plant. 74-33-383-1032 The following bids were received for site improvements to McCullough Substation, located (34) at 30th Street and Elgin Avenue, being Bid No. 3097. Bid Tabulation set in Bid Book. 34 JrT I 0 1974 After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of C. B. Thompson Contractor for site improve- ments to McCullough Substation. 74-33-384-1033 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (35) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6987 on first reading. ORDINANCE N0. 6987 r AN APPROPRIATION ORDINANCE L WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $90,720 For the following purpose: For contract for site improvements at McCullough Substation on Bid #3097 and for landscaping and lighting. 74-33-384-1034 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (37) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RFSnI I IT I nN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a contract between the United States of America (beingthe United States Department of Interior, Bureau of Reclamation, Southwest Region) and said City for conforming a segment of Canadian River Aqueduct to Farm -To -Market Road 2641, designated as Contract No. 5-07-01-RO162, 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 lOth day of October, 1974. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Contract No. 5-07-01-R0162 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION SOUTHWEST REGION CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF LUBBOCK, TEXAS, FOR CONFORMING A SEGMENT OF CANADIAN RIVER AQUEDUCT TO FARM -TO -MARKET ROAD 2641 CANADIAN RIVER PROJECT, TEXAS THIS CONTRACT, made and entered into this lOth day of October, 1974, pursuant to the Act of Congress approved June 17, 1902 (32 Stat. 388), and acts amendatory thereof and supple- mentary thereto, particularly the Act of Congress of March 4, 1921 (41 Stat. 1404; 43 U.S.C.A. 395), between the UNITED STATES OF AMERI CA, hereinafter termed "United States," acting by and through the Bureau of Reclamation, Department of the Interior, represented by the undersigned Contracting Officer, and the CITY OF LUBBOCK, TEXAS, hereinafter termed "City". WITNESSETH: WHEREAS, the City, in cooperation with the Texas State Highway Department, proposes to extend Farm -to -Market Road 2641 east along Kent Street to meet Highway 62/82; and WHEREAS, the proposed road extension crosses and necessitates the relocation and/or protection of a sigment of an aqueduct of the Canadian River Project, a facility owned by the United States and operated by the Canadian River Municipal Water Authority; and WHEREAS, the United States is willing to protect the said segment of aqueduct, at the expense of the City as hereinafter indicated, to accommodate the proposed road extension. 3U OCT 10 197 RM MW NOW THEREFORE, the parties hereto mutually agree and covenant as follows: SCOPE OF CONTRACT 1. a. As soon as practicable after execution of this contract and subject to the provisions hereinafter enumerated, the United States will accomplish all work required to protect a segment of Canadian River Aqueduct at the proposed Farm -to -Market Road 2641 crossing location shown on Exhibit A and similar to the typical construction detail shown on Exhibit B, both exhibits attached hereto and by this reference made a part hereof. The work shall include all necessary surveys, engineering, specifications, construction, inspection, and administration necessary for protection of the sigment of aqueduct. The United States shall furnish copies of the plans and specifications to the City. b. The United States shall procure all necessary permits and licenses; obey and abide by all applicable laws, regulations, ordinances, and other rules of the United States of America and of the State and political subdivisions wherein the work is performed and of other duly constituted public authority. COMMENCEMENT AND COMPLETION OF WORK 2. The United States shall commence the work required by this contract as soon as particable after execution of the contract bythe parties, and shall make every reasonable effort to complete all work required by the contract within 150 days after the date of execution of this instrument. PARTIAL PAYMENTS 3. Upon execution of this contract, the City shall advance $37,000 to the United States to compensate it for cost and expense to be incurred in performing its obligations hereunder. The United States will establish an account to accure its costs and expense and, upon completion of all work under the contract, will furnish the City with a statement setting forth all of the costs so incurred. From time to time, but not more often than at monthly intervals, the City will also reimburse the Canadian River Municipal Water Autho- rity for its cost and expense in performing its undertakings hereunder upon receipt from the Water Authority of a certified statement, in triplicate, of such costs incurred during the period covered by the statement. "Cost and expense" as used herein shall include the actual expense of payrolls with appropriate benefits and allowances, travel, and equipment rental, plus a 15 percent surcharge for administrative overhead, and construction contract expense, plus an allowance of 5 percent for adminstration. FINAL PAYMENT 4. Upon completion of the work to be performed by the United States and Canadian River Municipal Water Authority hereunder the confirmation of items of expense presented, the City will make final settlements with the United States and Water Authority which, with the partial payments previously made, will equal their actual cost, including overhead costs, of the work herein contemplated. Any funds that are advanced, but not used by the United States, will be refunded to the City. The total estimated cost of the work to be done by the United States and Water Authority is $37,500, but total payment for the work described shall not be limited to that amount, it being the intent of the United States and Water Authority to use their best efforts to perform the work in the most economical and efficient manner and the intent of the City to fully reimburse the United States and Water Authority for actual costs, whether heretofore or hereinafter incurred, of work necessary to perform their obligations under the contract. All original time cards or payrolls, contract payments, material records, and accounts for all charges and expenditures for which reimbursement is claimed from the City shall be maintained by the United States and Water Authority for 3 years after the date of final payment voucher. RELEASE FROM DAMAGES 5. City hereby releases the United States, and its assigns, from any and all damages of every description or kind whatsoever, which may result from the construction, operation or maintenance of said roadway upon or across said aqueduct as conformed to the roadway extension project. INTERRUPTION OF WORK 6. In the event work under the contract is interrupted by unforeseen circumstances, such as war, stricl6.,. lockouts, or acts of God, the obligations of the parties shall be suspended to the extent and for the time the performance is prevented by such occurrence. NOTICES 7. Whenever any notice is required to be given by any of the parties to this contract, such notice shall be effected by the regular mailing thereof; in case of notice to the City, to City of Lubbock, Post Office Box 2000, Lubbock, Texas 79547, and, in case of notice to the United States, to the Regional Director, Bureau of Reclamation, Herring Plaza Box H-4377, Amarillo, Texas 79101. SUCCESSORS AND ASSIGNS 8. This contract shall be binding upon and inure to the benefit of the successors and assigns of the parties. 386 CC 14 1g74 OFFICIALS NOT TO BENEFIT 9• No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise herefrom, but this provi- sion shall not be construed to extend to this contract if made with a corporation or company for its general benefit. IN WITNESS WHEREOF, the parties' hereto have executed this contract as of the day and year first above written. APPROVED: CANADIAN RIVER MUNICIPAL WATER AUTHORITY By Title: ATTEST: THE UNITED STATES OF AMERICA BY Regional Di rector Southwest Region Bureau of Reclamation THE CITY OF LUBBOCK, TEXAS BY/s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary 74-33-386-1035 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6988 on first reading. ORDINANCE NO. 6988 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; FM-2641 CROSSING OF CANADIAN RIVER AQUEDUCT 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 10876 The sum $37,500.00 For the following purpose: CONSTRUCTION COST IN REENFORCING THE CANADIAN RIVER AQUEDUCT AT CROSSING POINT OF FARM TO MARKET ROAD 2641. 74-33-386-1036 The City Council considered a Fire Protection, Contract between the City of Lubbock and the (29) County of Lubbock. Robert Walker, representing the Woodrow Fire Protection Committee, appeared requesting fire protection for a short period, until some type of contract could be negotiated. He asked whether or not a separate agreement with the County Commissioners could be executed to absolve the City of responsibility. In answer to questions from the City Council, City Attorney Fred 0. Senter, Jr., stated that such an agreement could be entered into, if the County agreed to ,acceptthat responsibility. After further discussion, motion was made by Councilman Campbell, seconded by Councilman Henry that we suggest to the County Commissioners that we split the difference between $267, which is what was being paid before the contract expired, and the $832, which, according to our calculations is the fair share per call, and round that off at $550, for the current year, and at the end of this year, the amount go to the fair share pro rated cost based upon the formula which has been used in calculating the $832 figure, and that this be an ongoing contract for a period of two years cancellable by either party after a two year period. Councilwoman Jordan moved to amend the motion by adding "and to amend the contract to include a hold harmless clause with insurance to be purchased by the County at the beginning of the second year." This motion died for lack of a second. The original motion carried by the following vote: Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay. Councilman West asked that a resolution on this item be delivered to the County Commissioners on this date, October 10, 1974, and it was the consensus of the Council that this be done. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a revised joint fire protection agreement be submitted to the Commissioner's Court of Lubbock County, Texas. That such agreement to be for the initial period of two years from October 1, 1974 to October 1, 1976, and continue each year thereafter unfess terminated by written notice. Such notice to be delivered not less than twelve (12) months in advance of such termination thereof, which shall be understood to mean that neither party may terminate this agreement prior to October 1, 1976. The consideration shall be $550.00 for each call made during the first year of such agree- ment, and each year thereafter the consideration for each(all shall be determined by the City's standard method of cost analysis based on the number of calls divided into the sum of budgeted 'Wr o: T 10 1S r operating expenses of the Fire Department and the non -civil service support department, depreciation, cost of capital, and an administrative overhead factor; and excluding cost items not applicable to county fire calls, such as amounts allocated to the airport, any fire department revenue, and the payment to the water department for purchase of water through fire hydrants; such computation to be verified by the County Auditor each year in advance of presentation to the parties of the agreement. The number of calls shall be determined by trends based on the average number of calls for the past thirty-six months. Such agree- ment to be essentially in the form of the agreement entered into between the City of Lubbock and Lubbock County for the year 1973-74. Passed by the City Council this loth day of October, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM; /s/ Fred 0. Senter, Jr., City Attorney 74-�33-387-1037 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize final payment to Lupton Painting Company for painting overhead water towerat 35th Street and Avenue W. Bid and final cost is $10,000. CERTIFICATE OF COMPLETION Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On October 1, 1974, 1 inspected the Painting Exterior of Elevated Tank (IMG) at 35th Street and Avenue "W" constructed by W.W.O. 7870, under contract dated March 28, 1974, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Very truly yours, /s/ Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCK I Before me, a Notary Public in and for Pottawatomie County, Oklahoma, on this day person- ally appeared Dan R. Lupton, who being by me duly sworn, upon oath says: I, Dan R. Lupton, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated March 28, 1974, for painting exterior of 1 million gallon elevated tank at 35th and Avenue "W" under WWO 7870, and that the work and contract has been completed according to the plans and specifications pertain- ing to the project and that all labor, material, supplies and other cost including equip- ment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. furhter represent and affirm that all Federal, State and Municipal laws were substantial- ly compiled with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 4th day of October 1974. Lupton Painting Co. /s/ Dan R. Lupton Attest; Subscribed and sworn to before me this the 4th day of October 1974, Shawnee, Oklahoma 74801 /s/ E. A. Chlauber Notary public in and for Pottawatomie County Shawnee, Oklahoma 38 ,T 10 1974 74-33-388-1038 (21) The following proposal was received from Freese and Nichols, Consulting Engineers, for updat- ing fifty-year water supply study: September 19, 1974 Mr. Samuel W. Wahl, P.E. Director of Public Works City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Re: Development of Surface Water Supply Dear Mr. Wahl: In response to your request, I have reviewed the 1971 Lubbock water supply report, and out- lined what I think should be done at this time to establish a specific step-by-step program for development of a long-range surface water supply based on the Post and Justiceburg Re- servoirs. I believe that the following approach would be sensible: (a) Examine in detail the recent years' records on water usage and active water meters, to determine whether the 1971 estimate of futurei population growth and water re- quirements should be adjusted. (b) If necessary, up -date the population and water use projections to reflect current trends. (c) Examine other major factors, such as current performance of 'he Sand Hills and Canadian River systems, to determine any significant changes since 1971 and the effect of such changes if found to be present. (d) Establish when the various stages of the surface supply will probably be needed. (a) Outline the main necessary steps involved in realization of the surface water sources. (f) Prepare a suggested plan of action and timetable. If the City should wish to have Freese and Nichols perform this work, it should be possible to submit the report in review draft form within three months after approval to begin. Our charges would be based on actual time and expenses, in accordance with the attached schedule. The exact amount of the total cost is difficult to predict in advance, but I would expect '- a study along the lines of the above table to cost approximately $3,500. ti CITY OF LUBBOCK Yours very truly, ACCEPTED; October 10, 1974 FREESE AND NICHOLS By /s/ Robert S. Gooch, P.E. /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer FREESE AND NICHOLS Schedule of Charges Miscellaneous Projects Partners - Per Diem S. W. Freese, J. R. Nichols, R. L. Nichols L. B. Freese, R. S. Gooch, J. P. Jones Associates - Per Diem 0. C. Allen, J. B. Mapes, A. H. Ullrich $250.00 R. A. Thompson III, W. E. Clement, E. C. Copeland $200.00 Staff Members Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of salaries of engineers, draftsmen, stenographers, sur- veymen, clerks, laborers, etc., for time directly chargeable to the project, plus social se- curity contributions, unemployment compensation insurance, retirement benefits, medical and L insurance benefits, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.22 times salary payments for 1974. This factor is adjusted annually.) Other Direct Expense Actual Cost Times Multiplier of 1.15 Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, tests, or other work re- quired to be done by independent persons or agents other than staff members. After consideration of all information presented, 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 this proposal from Freese and Nichols for up- dating fifty year water supply study. 3 OCT 10 1 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, October 10, 1974. ATTEST: ROY BASS, MAYOR Treva Phi l l ips, Ci y Secretary -Treasurer READ AND APPROVED THIS THE 14th day of November. ROY BASS, MAYOR ATTEST: Treva+Phil l ips, City ecretary-Treasurer