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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/24/1974.397 OCT 2 1974 REGULAR CITY COUNCIL MEETING OCTOBER 24, 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, Councilmen 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. 74-33-397-1054 The invocation was given by Mayor Roy Bass. (1) 74-33-397-1055 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 74-33-397-1056 Gene Alderson and Jack Powers, members of the Electric Utility Board, appeared before the (9) City Council with recommendations of the Board concerning retaining a consulting engineer- ing firm to provide consulting engineering services for 44MW gas -oil fired boiler and steam turbine generator addition for Holly Avenue Power Station. Bill Wood, Director of Utilities, also appeared in regard to this item. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the recommendations of the Electric Utility Board and authorize the Mayor to enter into contract with the firm of Tippett and Gee, Inc., for consulting eigineering services. See Contract filed on Current Contract fxile. 74-33-397-1057 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor (10) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6996 on first reading. ORDINANCE NO. 6996 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS The sum $560,000 For the following purpose: CONTRACTUAL COST OF ENGINEERING SERVICES FOR A 44MW GAS - OIL FIRED BOILER AND STEAM -TURBINE GENERATION ADDITION FOR HOLLY AVENUE POWER STATION AND VARI- OUS SURVEYS, SOIL TEST, CONCRETE TEST, AND OTHER COST RELATED TO ENGINEERING TESTING. 74-33-397-1058 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (11) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6984 on second and final 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 74-33-397-1059 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, (12) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6985 on second and final 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 BYTHE 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 e� x] 0CI 2 j 1974 For the following purpose: To install residential mercury vapor street lights at various locations in the City of Lubbock, Texas 74-33-398-1060 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. 6987 on second and final reading. ORDINANCE NO. 6987 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it b 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. 74-33-398-1061 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6988 on second and final reading. ORDINANCE N0. 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 There is hereby appropriated out of the following described bond fb�MERtOZQYPUCTTREET IMPROVE - The sum $37,500.00 MENT BD. FD. GWO 10876 For the following purpose: CONSTRUCTION COST IN REENFORCING THE CANADIAN RIVER AQUEDUCT AT CROSSING POINT OF FARM TO MARKET ROAD 2641. 74-33-398-1062 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6986 on second and final reading. ORDINANCE NO. 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 CLASSIFICATION AND JOB SPECIFICATIONS THEREFOR; AND PROVIDING FOR A SAVINGS CLAUSE AND PUBLICATION HEREOF. 74-33-398-1063 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor 0 6) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcels 6D-6-1, 6D-6-2, 6D-6-3 and 6D-6-4 in the Second Action Year Urban Renewal Area to R. Kent Sutherland for a consideration of $85,449.59 to be redeveiopel as a retail lumber outlet. 74-33-398-1o64 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (17) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following re- solution be passed. RESOLUTION ACCEPTING THE PROVISIONS OF STATE HIGHWAY COMMISSION MINUTE ORDER THE STATE OF TEXAS CITY OF LUBBOCK Lubbock, Texas October 24, 1974 MOTION vgas made by Councilman West and seconded by Councilman Henry, the Lubbock City Commission accept the provisions contained in Minute Order No. 69338 passed by the State Highway Commission on October 1, 1974, for the improvement by the Texas Highway Department of the roads described below, and that the City of Lubbock agrees to the provisions contained therein: 0 On Quirt Avenue from Regis Street, South to Loop 289, a distance of approxi- mately 1.8 miles. VOTE on the motion was as follows: Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay. WHEREUPON the motion was declared carried. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer (Fill in the following for the copies to be furnished to the State) hereby certify that the above resolution is a true and correct copy of the original adopted and approved on the date shown. OCT 244 1974 r F F 399a G� 2.j 1974 74-33-399-1066 (20) TO: Panhandle Construction Company P. 0. Box 1500 Lubbock, Texas Original amount of contract Net amount of this date Amount of contract this date Original time of completion Additional time New date of completion Change Order No. 1 27" Water Supply Line from North Avenue H to North University Ave WWO 11498 $272,833.00 29,212.54 302,045.54 300 days None 300 days WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the attached exhibits and data, and the Owner agrees to pay the Contractor the amount of the increase, if any, in cash, and in event of a decrease, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 24th day of October, 1974. PANHANDLE CONSTRUCTION COMPANY CONTRACTOR BY: BREAKDOWN OF CHANGE CITY OF LUBBOCK OWNER BY: /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer RECOMMENDED FOR APPROVAL: /s/ Wilford D. Watson City Engineer /s/ M. B. McCullough City Manager I. ADDITIONS 1 0 5 feet of 27" Class 100 pipe is required to relocate the supply line around Canyon Lake #1, This relocation became necessary when the original area of Lake #1 was increased. Therefore, an additional $29,212.54 is added to the original contract amount. II. DEDUCTIONS None III. TIME The contract time is not changed. �1 399 OCT 2.1 197 r F1 F 74-33-399-1065 (18) 74-33-399-1066 (20) 74-33-399-1067 (22 ) MINUTE ORDER LUBBOCK County District No. 5 Page 1 of 2 pages WHEREAS, in LUBBOCK COUNTY, the City of Lubbock has requested assistance in Reconstruction of Grading, Structures and Surfacing on Quirt Avenue from Regis Street, South1D Loop 289, a distance of approximately 1.8 miles; and WHEREAS, Quirt Avenue is included in the Urban System; and WHEREAS, it is the desire of the Texas Highway Department to assist the City of Lubbock in such work; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Lubbock: Provided the City will: 1. Furnish all required right of way clear of obstructions with acquisition procedures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways and sidewalks, all as may be required and all in accordance with governing policies and regulations of the Highway Department. 3. Maintain all of the work constructed as part of the project and agree to regulate traffic and prevent encroachment on the right of way, all of accordance with govern- ing policies and regulations of the Department. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed work for financing with said funds, the Texas Highway Department will: 1. Prepare construction plans and specifications. 2. Provide Relocation Assistance as may be required and dtermined to be eligible under the Relocation Assistance Program at an estimated cost of $4,000. 3. Provide for Reconstruction of Grading, Structures and Surfacing at an estimated cost of $364,000 as authorized in the Texas Highway Department 1974 Urban System Program. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Lubbock, IT IS ORDERED that Quirt Avenue extending from Regis Street to Loop 289, a distance of approximately 1.8 miles, be and is hereby designated as a METROPOLITAN HIGHWAY and the State Highway Engineer is directed to proceed with the Relocation Assistance Program, to enter into agreement with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction as authorized herein in the most feasi- ble and economical manner. It is understood that the City may discharge its construction obligations as outlined herein in any manner as they may elect. In the event the City desires the State to include its portion of the work in the State's construction contract, the State Highway Engineer is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Lubbock and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically can- celled. Submitted by: Examined and recommended by: Title Program Engineer Assistant State Highway Engineer Approved State Highway Engineer Approved: Commissioner Commissioner Commissioner Minute Number 69338 Date Passed October 1, 197 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 authorize publication of Notice to Bidders on the 1975 Street Maintenance Program. Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize Change Order No. 1 to WWO 11498 (Panhandle Construction Co.) in the amount of $29,212.54 for routing water supply line around Lake No. 1. Change Order No. i copied in on opposite Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize extension of the 24" distribution main for fire protection in Ash Avenue from 62nd Street 250' north. G GZ 2 1 1974 74-33-400-1068 The City Council considered the purchase of lake site property at 60th Street and Raleigh Avenue. (25) 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 offer Dewie Rothwell $7,950 (new appraisal) for this property. 74-33-400-1069 Motion was made by Councilman West, seconded by Councilman Cal%h@lvatTR ifda carried, Mayor (28) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea/to accept he option Agreement between the City of Lubbock and West Texas Savings Association for the purchase of property by the City for a right turn lane at Indiana and 50th Street. OPTION AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THIS AGREEMENT entered into this 24th day of October, 1974, between the CITY OF LUBBOCK, hereinafter known as the "CITY" and WEST TEXAS SAVINGS ASSOC.IATiON OF LUBBOCK, TEXAS, here- inafter known as the "OWNER". WHEREAS, the Owner is the record owner of certain real property situated in Lubbock County, Texas, and more particularly described as follows: 0 Lot 1, Fry Addition, to the City of Lubbock, Lubbock County, Texas; and WHEREAS, it is uncertain whether the City will need a portion of the above described property for right-of-way proposed street improvements; and WHEREAS, the City desires an option to purchase the property described hereinabove in the event the City does determine a need for such property; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the Owner in consideration of the sum of TEN AND NO/100($10.00) DOLLARS to it paid by the City in cash, the receipt and sufficiency of which is hereby acknowledged, and in the mutual promises, covenants and payments hereinafter provided does hereby agree as follows: The City may exercise the option of purchasing from the Owner, for street right-of-way purposes, the property described hereinabove or such portion thereof as it may determine at the time of exercising its option at any time before twenty (20)years from date by written notice to the Owner, delivered personally or mailed to the Owner or his agent at Lubbock, Texas, and by paying to the Owner the total purchase price of $2.50 per square foot for the property or any portion thereof described as follows: A tract of land out of the East side of Lot 1, Fry Addition to the City of Lubbock, Lubbock County, Texas, as shown on the attached Exhibit "A" as future right-of-way for Indiana Avenue. The Owner will deliver possession and marketable title to said tract to the City and execute and deliver to the City a Warranty Deed upon due exercise of this option and payment of the purchase price. This agreement shall be binding upon the parties hereto and their respective successors and assigns and legal and personal representatives. Initials EXECUTED this 15th day of October, 1974, at Lubbock, Texas. WEST TEXAS SAVINGS ASSOCIATION OF LUBBOCK, TEXAS ATTEST: BY: /s/ Stanton L. Koop, President /s/ Gail Ford CITY OF LUBBOCK Assistant Secretary -Treasurer West Texas Savings Association of BY: ROY BASS, MAYOR Lubbock, Texas ATTEST: APPROVED AS TO FORM: /s/ Treva Phillips, City Secretary -Treasurer /s/ Fred 0. Senter, Jr., City Attorney 74-33-400-1070 Motion was made by Councilman West, seconded by Councilman Campbell ,motcn carried, Mayor (31) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION WHEREAS, the Texas Highway Department has requested permission to install a five hundred (500) gallon LPG tank at their District Offices located at 601 Slaton Road, and WHEREAS, Section 12-38 of the City Code requires that permission for such installation be secured from the City Council, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: OCT 24 1974 1 F11 F THAT the Texas Highway Department BE and is hereby authorized to install a five hundred (500) gallon LPG tank at its District Offices located at 601 Slaton Road. Passed by the City Council this 24th day of October, 1974. ATTEST: /s/ROY BASS, MAYOR /s/ Tieva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-4o1-1071 The following bids were received for remodeling a portion of the Lubbock Police Academy (32) (615 Municipal Drive), being Bid No. 3108. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of D 6 T Builders for remodeling a portion of the Lubbock Police Academy. 74-33-4oi-1072 The following bids were received for the purchase of a van truck with electro-hydraulic (33) lift for Electric Distribution, being Bid No. 3131. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of General Cable Corp., Dallas, for the purchase of a van truck with electro-hydraulic lift for Electric Distribution. 74-33-401-1073 The following bids were received for the purchase of 2 salt spreaders for the Paved Streets (34) Department, being Bid No. 3091. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made b Councilman West seconded b Y y Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Plains Machinery Co. for the purchase of 2 salt spreaders. 74-33-401-1074 The following bids were received for the purchase of traffic signal equipment, being Bid (35) No. 3114 and Bid No. 3115. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Automatic Signal Division, Ft. Worth, for the purchase of various traffic signal heads being! -Bid No. 3114; accept the bid of Econolite Signal Co., Ft. Worth, for the purchase of various traffic signal pole assemblies, being Bid No. 3115. k 74-33-401-1075 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor f (35a) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 6997 on first reading. ORDINANCE NO. 6997 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 $13,122.90 For the following purpose: Signal equipment for four intersections. 74-33-401-i076 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (36) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Quinton Hancock to the Electric Utility Board to replace Charles L. Cobb who resigned. This term expires January 31, 1977• 74-33-4o1-1077 The City Council considered the appointment of three members to the Planning and Zoning (38) Commission. The terms of Mrs. Alice Johnson, Clyde Kay and Robert Lugo expire November 16, 1974. After discussion of this item, it was the general consensus of the Council to hofd these appointments until the Zoning Revision Study Committee report is complete. o_ 1974 74-33-402-1078 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint Jim Price, Tommie G. Stevens, Kennett Hobbs., Vince Robles and Mrs. Betty Anderson to the Urban Renewal Agency. These terms will expire November 26, 1976. 74-33-402-1079 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (40) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint Scott Rick- man to the Lubbock Citizen's Traffic Commission. This term expires July 13, 1975. 74-33-402-1080 The City Council considered the status of the City's membership on the Community Action Board. (27) After consideration of all information presented, it was the general consensus of the City Council that the City's Liason Committee with the Lubbock independent School District meet with the School Board and discuss this matter with them. 74-33-402-1081 Motion was made by Councilwoman Jordan, seconded by Councilman.West, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARA- TION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: Public necessity exists that the following portions of streets, highways avenues and/or alley in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: Streets Name From To East Main Street 80th Street Quirt Ave. Nutmeg Ave. University Ave. Akron Ave. Alleys Bet. 20th S 21st Street Flint Ave. Elgin Ave Bet. Ave. 0 & Paris Ave. 15th Street 16th Street Bet. Norwood & Norfolk Ave. Norfolk Ave. 68th Drive Bet. 20th & 21st Street Hartford Ave. Gary Ave. Bet. Louisville & Lynnhaven Ave. Memphis Drive 79th Sheet Said portions of streets, highways and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with four (4) course penetration type or 1 3/4" hot mix type asphaltic surface treatment. Alleys shall be improved by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improve- ments. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS: (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners there- of shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. ALLEY IMPROVEMENTS (c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums tobe paid by the railways under sub -paragraph (a) above, in the following manner: All property which has single family or two (2) family residential usage on both sides of the alley to be improved shall be assessed for fifty (50%) of the cost of such improvements. Vacant property zoned for two (2) family residential purposes shall be assessed for fifty (50%) of the cost of such improvements. Pro- perty which has commercial or semi -commercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90%) of the cost of such improvements. Where there is commercial or semi -commercial usage or zoning on one side I 4, OCT 2 4 19 F� r of an alley, and single family residential usage and zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub -paragraphs (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments. The first of which shall become due on orbefore 20 days after completion and acceptance of the improve- ments in the unit on which the property abuts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Council, and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street improvements, and seven percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorneyts fees and costs of collection, if incurred, all under and in accordance with the Charter, and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105E Revised Civil -'Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. This Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 1974. ATTEST: P/.s/--Treva Phi i 1 ips, City Secretary -Treasurer /s/ROY BASS, MAYOR APPROVED AS TO FORM: APPROVED: `/'s/ TFred 0. Senter, Jr., City Attrorney Surer /s/ W-i-iford D. Watson 74-33-403-1082 Motion was made -by Councilman Campbell, seconded by Councilwoman Jordan, motion carried,. (21) May6r`8ass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to author-�I -.ize-final to Jake payment Die], Dirt and Paving, Inc., in the amount of $27,420.73 for construc- tion of roa&5"and we'll stand's" in Sand'hilis Well Field. Ocober 24, 1974 it Honorable Mayor and City Council City of Lubbock, Texas I� CERTIFICATE OF COMPLETION GENTLEMEN: 'I I have inspected the Construction of Roads and Well Stands in the Sandhills Well Field, W.W.O. 11494, dated June 13, 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. Sincerely, /s/ Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCK X Before me, a Notary Public in and for Deaf Smith Co., Texas, on this day personally appeared Jake Die], who being by me duly sworn, upon oath says: 404 )CT 24 1974 I, Jake Diel, President of Jake Diel Dirt & Paving, Inc., do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated June 13, 1974, for Construction of Roads: and Well Stands, Sandhills Well Field under WWO 11494, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, 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 atbrney, and full release of all recorded liens or claims have been secured by settlement and duly filed cf record with the County Clerk of Lubbock County. 1 further represent and affirm that all Federal, State and Municipal laws were substantially complied 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 7th day of September, 1974• /s/Jake Diel Pres: Jake Diel Dirt & Paving, Inc. ATTEST: Subscribed and sworn to before me this the 7th day of September, 1974. /s/ Alton R. Johnson Notary Public in and for Deaf Smith Co., Texas 74-33-404-1083 The City Council considered calling a Charter Amendment Election. Dr. Karnig, Professor of (26) Local Government at Texas Tech University, Mrs. Louise Cummins, President of the League of Women Voters and Harold Chatman appeared in regard to this item. After discussion of this matter, motion was made by Councilman Campbell, seconded by Councilman West to enlarge the City Council to seven members; that they be elected from six equal, as near as possible, geo- graphic districts in the City, persons voting on these people to live in these geographical districts, making a total of s.ix councilmen plus the Mayor. This motion failed to carry by the following vote: Councilmen West and Campbell voting Yea, Mayor Bass, Councilwoman Jordan and Councilman Henry voting Nay. Motion was then made by Councilman Henry that an item be placed on the ballot of a Charter Election for modified ward system, representing geographical areas, but electing Councilmen and Mayor at large. Councilwoman Jordan seconded this motion after making the statement that she seconded the motion with the understanding that she was not going to vote for it. This motion failedtg carry by the following vote: Mayor Bass and Councilman Henry voting Yea, Councilman West, Councilwoman Jordan and Councilman Campbell voting Nay. After further discussion, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, that the Charter Election be called and that the issue voted on be for or against expanding the City Council to seven members (6 councilpeople, 1 mayor), Places 5 and 6 be elected at the next city election, Place 5 to have a term co -existent with Places 1 and 3, and Place 6 to have a term co -existent with Place 2 and 4. This motion carried by the following vote: Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, that the salaries for City Council members be set at $300 per month, Mayor's salary at $400 per month, and that this be a separate item on the ballot of the Charter Election. This motion failed to carry by the following vote: Councilwoman Jordan, Councilman Henry and Councilman Campbell voting Yea, Mayor Bass and Councilman West voting Nay (a 4/5 vote is required for passage). Motion was made by Councilwoman Jordan, seconded by Councilman Henry, that an issue be submitted as a separate issue on the ballot, to increase the Mayor's salary to $300 per month, and the council people to $240 per month. This motion failed to carry by the following vote: Mayor Bass, Councilwoman Jordan and Councilman Henry voting Yea, Councilmen West and Campbell voting Nay (a 4/5 vote being needed.) At this point, Fred 0. Senter, Jr., City Attorney, was requested to prepare an ordinance call- ing a Charter Election, but to leave the dates blank, this ordinance to be considered at the next City Council meeting. N. B. McCullough, City Manager, stated that the Charter provides that we advertise 30 days prior to the sale of bonds. Mr. McCullough stated that he did not believe school boards have this and he does not think that it serves a real purpose. He also stated that bond buyers are not generally local people and that this becomes a drawn out procedure without accomplish- ing anything. Mr. McCullough stated that this procedure costs the City money and prevents the City from taking advantage of the bond market when the market is good. Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry aid Campbell voting Yea, none voting Nay to request the Staff to prepare on ordi- nance adding this item regarding the deletion of publications on the sale of bonds to the ballot for the Charter Amendment Election. 4 OCT 2 -t NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, C COUNCIL ADJOURNED FROM REGULAR MEETING, October 24, 1974. WVIA ROY BASS, MAYOR ATTEST: Treva Phillips, City ecretary-Treasurer READ AND APPROVED THIS THE 14th day of November. ATTEST: Treva Phillips, City 5 cretary-Treasurer i 1 ROY BASS, MAYOR