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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/11/19690.Ll SEP 111969 September 11, 1969 REGULAR CITY COUNCIL MEETING: The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr., and Councilmen bonnie F. Hollingsworth, Deaton Rigsby, and Morris W. Turner, City Manager W. R. Blackwell, City Attorney Fred 0. Senter, Jr., Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: Mayor Pro Tem James H. Granberry. 69-28-314-809 Invocation was given by City Manager W. R. Blackwell. (1) 69-28-314-810 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 69-28-314-811 Motion was made by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor (3) Rogers and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular -Meeting held August 27, 1969; Regular Meeting held August 28, 1969. 69-28-314-812 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (8) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5739 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5739 WHEREAS, the City Council of the City of Lubbock findsit 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: Signal Bond Fund The sum $3,015.40 For the following purpose: Modification of school flashing signals at 12 locations. (new signal equipment and labor) 69-28-314-813 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (9) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5740 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5740 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: Signal Bond Fund The sum $10,000 For the following purpose: Upgrading traffic signals at various locations. (new signal equipment and labor) 69-28-314-814 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (10) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5741 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5741 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: Sanitary Sewer Bond Fund The sum $8,788.67 For the following purpose: City's part of the cost of sanitary sewer service to Camelot Addition, Lot 1, Developer will pay $17,030.25. SEP 11 19 69-28-315-815 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (11} and Councilmen Hollingsworth, and Rigsby voting Yea, none voting Nay, that Ordinance No. 5731 be passed on second and final reading; Councilman Turner abstained from voting on this motion. ORDINANCE NO. 5731 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND -THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE'CASE NO. 1098B: CHANGE LOT 806, MELONIE PARK ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO AN "AM" ZONING DISTRICT; SUBJECT TO CONDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-315-816 Motion -by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (12) and Councilmen Hollingsworth, Rigsby, and Turner voting.Yea, none voting Nay, that Ordinance No. 5732 be passed on second and final reading. ORDINANCE NO. 5732 AN ORDINANCE AMENDING -ZONING ORDEINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO -MAKE THE FOLLOWING CHANGE:. ZONE CASE NO. 1625: CHANGE LOTS 22 THROUGH 24, BLOCK 12, O'NEAL TERRACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,'FROM A "C-3 " TO A "C-4" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-315-817 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (13) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5733 be passed on second and final reading. ORDINANCE No. 5733 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: MOBILE HOME PARK IN ZONE CASE -NO. 1626 ON A TRACT OF'LAND AT THE NORTHEAST CORNER OF LOOP 289 AND ERSKINE AVENUE; AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL NAP OF THE CITY OF LUBBOCK SO AS TO CHANGE A PORTION OF THE PROPERTY IN ZONE CASE NO. 1626 FROM AN "R-1•" TO A "C-3" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-315-818 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (14) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5734 be passed on second and final reading. ORDINANCE NO. 5734 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 4391 OF THE CITY OF LUBBOCK COVERING ZONE CASE NO. 1067, A TRACT OF LAND OUT OF SECTION 12, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY CHANGING A PORTION OF THE CONDITIONS MADE A PART OF SUCH ZONE CHANGE REGARDING SETBACKS AND FENCING; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION: 69-28-315-819 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (15) and Councilmen Hollingsworth, Rigsby, and Turner. voting Yea, none. voting Nay, that Ordinance No. 5735 be passed on second and final reading. ORDINANCE NO. 5735 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1628: CHANGE THE SOUTH EIGHTY-TWO (S 82') FEE' OF THE WEST EIGHT (W 81) FEET OF LOT FOURTEEN (14) AND ALL OF THE SOUTH EIGHTY-TWO (S 821) FEET OF LOT FIFTEEN (15), BLOCK THREE (3), BERRY ADDITION ANNEX, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4" TO AN "M=1" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-315-820 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby,.motion carried, Mayor Rogers (16) and Councilmen Hollingsworth, Rigsby, and'Turner voting Yea, none"voting Nay, that Ordinance No. 5736 be passed on second and final reading. - ORDINANCE NO. 5736 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1629: CHANGE LOTS 8 THROUGH 10 AND 13 THROUGH 17, BLOCK 1, LOTS 10 THROUGH 12 AND-25, BLOCK 4, PERKINS SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO AN "M-l" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVID- ING FOR PUBLICATION. 69-28-315-821 The -City Council considered passage of Ordinance No. 5737 on second and final reading and request (17) of Mr. Ken Flagg that Condition No.-1 be amended to read that each one story townhouse shall con- tain at least 1200 square feet of floor space -and each -two story.townhduse shall contain 1500 square feet of floor space. Motion was then made by Councilman Hollingsworth, seconded by Counci man Rigsby, motion carried, Mayor Rogers and Councilmen -Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to table Zone Case No. 1616A for further study. 69-28-315-822 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (18) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5738 be passed on second and final reading. ORDINANCE NO. 5738 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: MOBILE HOME PARK IN ZONE CASE NO. 1618 ON A TRACT OF LAND OUT OF THE NW/4 OF SECTION 11, BLOCK A, LUBBOCK COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 1016 11 1969 69-28-316-823 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (19). and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5743 be passed on second and final reading. ORDINANCE NO. 5743 . AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 34 OF THE CODEOF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 34-15 THEREOF PROVIDING FOR WATER TAP FEES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-316-824 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (20) and Councilmen Hollingsworth, Rigsby;- and Turner voting Yea, none voting Nay, that Ordinance No. 5744 be passed on second and final reading. ORDINANCE NO. 5744 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF ALLEY IN BLOCK 132, OVERTON ADDITION TO THE CITY OF LUBBOCK, AS MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE PORTION OF SUCH ALLEY AS AFORESAID. 69-28-316-825 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (21) and Councilmen Hollingsworth, Rigsby, and Turner 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 the First National Bank of Lubbock, Trustee for -the Clifford E. Payne and Ernestine 1964.Trust, the Nancy Lynn Igal 1964 Trust, the Victoria Igal 1964 Trust,. and the Victor Clifford Igal Trust, 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 her-1— in detail. . Passed by the Council this llth day of September, 1969. W. D. ATTEST �' �� i r//d LAVENLA LOWS, City Secr Lary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney QUIT CLAIM ,DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X ' P&. ' 0 THAT the CITY OF 1,UBBOCK,.a Home Rule -Municipality of the County of -Lubbock, State of Texas, for and consideration of the sum of ONE AND N01100 DOLLARS ($1.00) and other good and valuable consideration to it in hand paid by THE FIRST NATIONAL BANK AT LUBBOCK TEXAS, TRUSTEE FOR THE CLIFFORD E. PAYNE AND ERNESTINE S. PAYNE 1964 TRUST', THE NANCY LYNN IGtL 1964 TRUST, -THE VICTORIA IGAL 1964 TRUST, AND THE -VICTOR CLIFFORD IGAL TRUST, the receipt of Which is hereby acknowledged, does hereby by these presents, BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAIM unto the said FIRST NATIONAL BANK AT LUBBOCK, TEXAS, TRUSTEE FOR THE CLIFFORD E. PAYNE AND ERNESTINE S. PAYNE 1964 TRUST, THE NANCY LYNN IGAL 1964 TRUST, THE VICTORIA IGAL 1964 TRUST AND THE VICTOR CLIFFORD IGAL TRUST, of Lubbock County, Texas, all its right, title and interest in and to that certain tract or parcel of land lying in the County of Lubbock and State of Texas, described as follows, to -wit: A 0.4 foot by 150 foot strip adjacent to the north end of Lots 13, .14,,and 15, Block 132, ji Overton Addition -to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the said premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said FIRST NATIONAL BANK AT LUBBOCK, TEXAS, TRUSTEE FOR THE CLIFFORD E. PAYNE AND ERNESTINE S. PAYNE.1964 TRUST, THE NANCY LYNN IGAL 1964 TRUST, THE VICTORIA IGAL,1964 TRUST, AND THE VICTOR CLIFFORD IGAL TRUST, their successors and assigns, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right to title to..the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND at Lubbock, Texas, this llth day of September, 19 CITY 0 BY ' v 9 &W3 W. D. ROGERS, JR-a XXa ATTEST: LAVENIA LOWE,.City ecreta y-Treasurer SEP 11 1 - 69-28-317-826 Motion by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (22) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5745 be passed on first reading. ORDINANCE NO. 5745 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREETS IN THE CORPORATE LIMITS OF THE CITY -OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: A 35 M.P.H. SPEED ZONE ON 15TH STREET BEGINNING AT AVENUE Q AND EXTENDING WEST TO UNIVERSITY AVENUE; A 40 MPH SPEED ZONE.ON BOTH SIDES OF ERSKINE STREET BEGINNING AT UNIVERSITY AVENUE AND EXTENDING EAST TO THE AMARILLO HIGHWAY (U.S. 87); A 35 MPH SPEED ZONE ON BOTH SIDES OF ERSKINE STREET BEGINNING AT AMARILLO HIGHWAY (U.S. 87) AND EXTENDING PAST TO NORTH ASH AVENUE; AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALL) SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF -AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CON- FLICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 69�28-317-827 Motion -by Councilman Rigsby,. seconded by Councilman Turner, motion carried, Mayor Rogers and (24) Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5748 be passed on first reading. ORDINANCE NO. 5748 AN ORDINANCE AMENDING SECTION 18-65, SUBSECTIONS (a) AND (b) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, TO PROVIDE FOR THE ESTABLISHMENT OF VEHICULAR RIGHT OF WAY AT ALL INTER- SECTIONS, REQUIRING CERTAIN DRIVERS TO STOP, YIELD AND GRANT THE RIGHT OF IMMEDIATE USE OF INTER- SECTIONS AND REQUIRING SUCH DRIVERS NOT TO ENTER SUCH INTERSECTION UNTIL THEY MAY DO SO WITH SAFETY; TO PROVIDE FOR A PRESUMPTION OF FAILURE TO YIELD'RIGHT OF WAY IN RELATION TO INTERSECTION COLLISIONS; REPEALING SECTION 18-67 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-317-828 Motion by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers (35) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea,,none voting Nay, that Ordinance No. 5749 be passed as an emergency measure. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5749 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certaic specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, k. 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: Fire Station Bond Fund The sum $1,434.00 For the following purpose: To Purchase two Mobil Radio Transcievers for new engine and Snorkel Truck. 69-28-317-829 Bids as follows were received for purchase of sign blanks and blades for the Traffic Department, (38) being Bid No. 879. After consideration of'all bids.received, motion was made by Councilman Rigsby, seconded by - Councilman Turner, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Vulcan Signs & Stamping for purchase of Items 1, 2, and 4-13. Accept the bid of Cataphote Corporation for purchase of Item 3. Item 14 being a tie bid between Vulcan Signs & Stamping and Veped Traffic Controls, Inc., lot was drawn, whereupon the bid of Veped Traffic Controls, Inc. was accepted. 69-28-317-830 Bids as follows were received for -purchase of miscellaneous electric items, being Bid No. 882. (39) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Turner, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Graybar Electric Company for purchase of Items I & 5. Accept the bid of Westinghouse Electric Supply Company for purchase of Item 2. ' Accept the bid of General Electric Supply Company for purchase of Items 3, 6, and 7. 69-28-317-831 Bids as follows were received for purchase of miscellaneous water items, being Bid No. 883. (40) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Western Industrial Supply for purchase of Items 1, 2, and 10. Accept the bid of M.B. McKee Company for purchase of Items 3-6 & 8. Accept the bid of The Mueller Company for purchase of Item 7. Accept the bid of Clowe and Cowan for purchase of Item 10. . 18 ^p 1 � 1969 69-28-318-832 Bids as follows were received for 1,030 feet of 15 "..sewer tile -for jobsite at 26th Street and (41) - Iola Avenue, being.Bid No. 890. Bid Tabulation set in Bid Book. After consideration of all bids received, lot was drawn as there were tie bids between Morrison Supply Company and Clowe and Cowan Incorp., whereupon, motion was made by Councilman Turner, seconded by -Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby and Turner voting Yea, none voting Nay, to authorize -acceptance of the bid.o€ Morrison Supply Company for purchase of 15" sewer tile. 69-28-318-833 Bids as follows were received -for lift station with housing complete for Camelot Addition, being (42) Bid No. 867. 1 Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner I voting Yea, none voting Nay, to authorize acceptance of the bid of Can -Tex Industries, Incorp: for lift station. 69-28-318-834 Bids as follows were received for paving, curb and gutter for 16th Street and Avenue X, being (43). Bid No. 880. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of -the bid of W. D. Turner for paving, curb and gutter for 16th-Street and Avenue X. 69-28-318-835 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (28) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the -following Resolution be passed. RESOLUTION WHEREAS, the City Council has heretofore determined that the City would contribute the customary city portion of the cost of street paving improvements, as determined by City of Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting 54th Street between Raleigh Avenue and Quaker Avenue, have requested permission to have pavement improvements constructed on the aforementioned street and the paving of said -street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, the owners of the property abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its custo- mary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $6,418.95, the total cost not over $6,739.90, and the City's share in connection therewith would not exceed $446.31, leaving the property owner's portion not to exceed $6,293.59, such costs being well within the current prices for paving obtained by competitive bidding, and -that such payment to be made by the City is reasonable,.fair.,.and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $446.31 will be duly budgeted, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street herein described, provided that such plans and specifica- tions meet the usual -requirements for paving on streets within the corporate limits of the City of Lubbock; said streets being as follows, to -wit: 54th Street from its intersection with a line 13.00 feet East of the East Property Line of Raleigh Avenue to -its intersection wifh a line 16.00 feet West of the West Property Line of Quaker Avenue, known and designated as Sub -Unit Number 29 of Unit Number 2180. The City Engineer is further authorized and directed to duly inspect said paving construction - on said street and to require strict compliance with the approved plans and specifications, and upon completion of said -paving, and -upon final approval by the City Engineer and acceptance of such improvements by the City Council, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to Exceed $125.36 which -is the City's share ($446.31) less $320.95 engineering, leaving the amount due the contractor from the property owners not to exceed $6,293.59. Section 2. This authority is conditioned that the owners of abutting property and the con- tractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with -acceptable evidence that the Contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the owners of abutting property will cause such paving to continue to be done according to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer, all improvements designated herein shall be a permanent part of said street and the property of the .City of Lubbock, without any liability whatsoever, except for the payment of a sum of $125.36 to the contractor. SEP 11 19 r F", r F" On motion of Councilman Rigsby, seconded by Counci tion was unanimously passed by the City Council this 11 ATTEST: i LAVE IA LOWE, Ciff Secre ary Iman Hol I.ings t W. D. R , NrtN the forego resolu- te*berl 1969. 11 State Savings and Loan Association, owners of abutting.property on the abovementioned street and Kerr Construction Company, Contractor, do hereby accept and agree to fully abide by the foregoing provisions for the considerationstherein stated. APPROVED: /sl Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Sentert Jr. Fred 0. Senter, Jr., City Attorney State Savings and Loan Association By /s/ John W. Jarratt ._.. Vice President KERR CONSTRUCTION COMPANY ByIsl James C. Kerr 69-28-319-836 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (29) Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Kerr Construction Company (G.W.O. 2969) for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: Avenue J from its intersection with a line 10 feet North of the South Property Line of 29th Street to its intersection with a line 10 feet South of the North Property Line of 30th Street known and designated as Sub -Unit Number 12 of Unit Number 2195. Avenue J from its intersection with a line 10 feet North of the South Property Line of 30th Street to its intersection with a line 10 feet South of the North Property Line of 31st Street known and designated as Sub -Unit Number 13 of Unit Number 2195. Avenue J from its intersection with a line 10 feet North of the South Property Line of 31st Street to its intersection with a line 10 feet South of the North Property Line of 32nd Street known and designated as Sub -Unit Number 14 of Unit Number 2195. Avenue M from its intersection with a line 13 feet North of the South Property Line of 34th Street to its intersection with a line 11 feet North of the North Property Line of 35th Street known and designated as Sub -Unit Number 15 of Unit Number 2195. Avenue T from its intersection with a line 9 feet North of the South Property Line of 38th Street to its intersection with a line 10 feet South of the North Property Line of 39th Street known and designated as Sub -Unit 19 of Unit Number 2195. Avenue T from its intersection with a line 10 feet North of the South Property Line of 39th Street to its intersection with a line 10 feet South of the North Property Line of 40th Street known and designated as Sub -Unit Number 20 of Unit Number 2195. Avenue T from its intersection with aline 10 feet North of the South Property Line of 40th Street to its intersection with a line 5 feet North of the North Property Line of 41st Street (West Leg) known and designated as Sub -Unit Number 21 of Unit Number 2195. Part of the East kZ of Avenue T from its intersection with a line 5 feet South of the South Propert Line of 41st Street (West Leg) to its intersection with a line 3 feet South of the South Property Line of the alley South of 41st Street known and designated as part.of Sub -Unit 22 of Unit Number 2195. Avenue T from fts intersection with aline 10 feet North of the South Property Line of 43rd Street to its intersection with a line 3 feet North of the North Property Line of 44th Street (West Leg) known and designated as (New Subdivision) Sub -Unit 24 of Unit Number 2195. Avenue T from its intersection with a line 3 feet South of the South Property Line of 44th Street (West Leg) to its intersection with a line 5 feet North of the North Property Line of 45th Street (West Leg) known and designated as (New Subdivision) Sub -Unit Number 25 of Unit Number 2195. Avenue T from its intersection with a line 5 feet South of the South Property Line of 45th Street (West Leg) to its intersection with a line 10 feet South of the North Property Line of 46th Street known and designated as Sub -Unit Number 26 of Unit Number 2195. . Dover Avenue from its intersection with a line 8 feet South of the South Property Line of 45th Street (East Leg) to its intersection with a line ,l6,£eet North of the North Property Line of 46th Street known and designated as Sub -Unit Number 32 of Unit Number 2195. 120 y 111969 Dover Avenue from its intersection with a line 8 feet North of the North Property Line of 44th Street (East Leg) to its intersection with a line 8 feet North of the North Property Line of 45th Street (East Leg) known and designated as Sub -Unit Number 33 of Unit Number 2195. 35th-Street from its -intersection with a line 15 feet West of the East Property Line of Avenue N to its intersection with the East Curb Line of Avenue M and designated as -'Sub -Unit Number 1 of Unit Number 2196. i I AND WHEREAS, the improvements upon the said portions of the abovementioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 2969). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct pay- ment of the Cityls portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and• assessments where such assessments were levied. This resolution shall take effect and be in force fro PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 1969. ATTEST: LAVEN L E, t ecr y APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Honorable Mayor and City Council Lubbock, Texas Gentlemen:• September 11, 1969 I have examined the paving improvements constructed by Kerr Construction Company, paving contractor, their contract dated November 15, 1968, designated as G.W.O. 2969 and find the improve- ments on Avenue J from 29th Street to 32nd Street, Avenue M from 34th Street to 35th Street, Avenue T from 38th Street to 41st Street, E.-1/2 Avenue T from 41st-Street to the alley south of 41st Street, Avenue T from 43rd Street to 46th Street, Dover Avenue from 44th Street to 46th Street and 35th Street from Avenue N to Avenue M as listed on the final estimate and assessment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on'said streets and/or avenues, authorizing payment m the contractor the amount shown on the attached consolidated final estimate sheet as due them by the City of Lubbock and issue assignable certificates against property owners for the respective amounts shown on the attached final assessment sheets as being due against them and their respective properties. Yours very truly, /s/ Wilford D. Watson Wilford D. Watson, City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 2969 Accepted September 1.1,_1969 QUANTITIES .._,. -•- _ _-- --- S.Y. S.Y. S.Y. S.X. Unit & Paving L.F. Alley Valley Re-sur- Sub-Unit Location 6 " Base C & G Return Gutter inst 1295-12 Ave. J from 10' N. of the SPL of 1,059.70 593.32' 8.00 29th St. to 10' S. of the NPL of 30th St. 2195-13 Ave. J from 10' N..of the SPL of 1,160.21 - 639.42• 30th St. to 10' S. of the NPL of 31st St. 2195-14 Ave. J from 101 N. of the SPL of 1,165.73 652.32 10.22 31st St. to 10' S. of the NPL of 32nd St. 2195-15 Ave. M from 13' N. of the SPL of 34th St. to 11' N. of the NPL of 35th St. 2195-19 Ave. T from 9' N. of the SPL of 38th St. to 10' S. of the NPL of 39th St. 2195-20 Ave. T from 10' N. of -the-SPL of 39th St. to 10' S. of the NPL of 40th St. 2195-21 Ave. T from 10'. N. of the-SPL of 40th Sr. to 51. N.-of the NPL of 41st St. (W.Leg) Part of 2195-22 Ave. T from 5' S. of the SPL of 41st St. (W.Leg) to 3' S. of the SPL of the alley-S. of 41st St. 2195-24 Ave. T from 10' N. of the SPL of 43rd St. to 3' N. of the-NPL of' 44th St. (W.L,eg) 2195-25 Ave. T from 3' S. of the SPL of 44th St. (W.Leg) to 5' N. of the NPL of 45th St. (W.Leg) 2195-26 Ave. T from.5' S. of the SPL of 45th St. (W.Leg) to 10' S. of the NPL of 46th St. 2195-32 Dover Ave. 'from 8' S. of the SPL of 45th St. (E. Leg) to 16' N. of the NPL of 46th'St. 2195-33 Dover Ave. from 8' N. of the-NPL of 44th St.,(E.Leg) to 8' •N. of the NPL of 45th St. (E.Leg) 2196-1 35th St. from 15' West of the EPL of Ave. N to the Bast Curb Line of Ave. M TOTALS 923.24 545.40 1$22.08 634:24 1,113'.14 1,038.58 252.44 984.89 9 67.1.1 12058.18 883.56 1,337.64 2,.000.15 653.40 �3 SEP 11 1c 8.00 31.73 16.02 16.00 606.42 ' 16.42- •566.00 15.55 556.00 15.10 596.12 16.77- 509.00 16.00 627.62 17.31 949.56 14.14 2.67 30.58 22.76 5.33 39.11 72.42 33.42 15,266.65 8,128.82 155.39 104.15 148.01 COST ESTIMATE 15,266.65 S.Y. Paving 6" Base @'$2.18 $ 33,281.30 8,128.82 L.F. Curb & Gutter @ $1.'97 16,013.78 155.39 S.Y. Alley Return @ $7.75 1,204.27 104.15 S.Y. Valley Gutter $8.00 833.20 148.01 S.Y. Resurface @ $1.50 222.02 CONTRACT COST $ 51,554.57 COST DISTRIBUTION . Property City City to Contractor City to Contractor Unit & Contract Owner to from from Sub -Unit Cost Cost Contractor G_W_O..2969 _ Paving ,Extension -Fund 2195-12 3,540.99 3,364.65 176.34 176.34 2195-13 3,788.92 3,806.48 -(17.56) -(17.56) 2195-14 3,905.57 3,704.52 201.05 201.05 .2195-15: 3,402.94 3,432.60 -(29.66) -(29.66) 2195-1-9'' 4,255.74 .2,714.95 1,540.79 1,540.79 2195-20- 3,837.84 2,767.16 1,070.68 1,070.68 2195-21 -3,607.21 2,767.16 840.05 840.05 Part of - 2195-22 554.32 554.32 185.05 369.27 2195-24 3,428.46 2,767.16 661:30 661.30 2195-25 3;354.79- 2,767.16 587.63 587.63 2195-26- 3:619.16 2,960.34. - 658.82 658.82 2195-32 3,111:56 2,479.98 631.58. 631.58 2195-33 4;961.11 2;647.06 2,269.05 2,269.05 2196-1- 6.230.96' 6,042.58 188.38 188.38 Sub - Totals 51,554.57 42,221480 9,332.77 8,963.50 369.27 2195-40 *-1,646.03 1,646.03 _ 1_,646.03 TOTALS 51,554.57 40,575.77 10,978.80 10,609.53 369.27 *Prepaid paving erroneously shown as property owner cost on acceptance dated August 14, 1969. 11 1969 69-28-322-837 WE, THE UNDERSIGNED, all. residents of 49th Street from Memphis Avenue to -quaker Avenue, and all (25) being taxpayers and voters, present this petition to request that the City Traffic Department, the City Council and/or the Lubbock Police Department correct a.condition on our street which is a constant nuisance, a source of much worry to the occupants of these blocks, and potentially hazardous to the 102 children of these blocks. This condition is the heavy, ever-increasing, high-speed traffic, which is usually caused by drivers who take advantage of this 4-block length without a cross street, a stop sign or even a yield. This street is used as a drag strip, a dumpg.round for beer cans; liquor bottles and other trash; as a bypass to avoid 50th Street, with its controlled speeds and the presence of law enforcement officers; and as a route to and from the various commercial establishments on 50th Street between Knoxville Avenue and Memphis Avenue. The traffic has become worse since the nearby local drive -irk, heavily frequented by teen-agers, was built, still worse with the construction of the new post office sub-stationand with additional.businesses being built at 49th Street and Memphis Avenue, it is known the traffic will increase further. Thereby, our property values will decrease (by the use of a residential street for commercial traffic), and the dangers to our children, our homes and our vehicles is unlimited. As you are aware, many times, we residents have requested the presence of a patrol car with imme- diate response and cooperation from the Lubbock Police Department and as long as they are present, the situation.is alleviated. However, as soon as -the word passes "the coast is clear", the above - mentioned hazards resume. We realize it is impossible for a patrol car to remain on this one street at all times, but we also realize something must.be done. THEREFORE, we, the undersigned, see no alternative but to -.request that 49th Street be closed to through traffic. This could satisfactorily be achieved by erecting a barrier across 49th Street at Memphis Avenue. Even though this barrier will be an inconvenience to 'the law-abiding users of this area, we believe it will more than be offset by the assurance of well-being to all concerned and urge your immediate attention to this important matter. January 27, 1969 SIGN9D: Mrs. Mike Temple of 4005 49th Street appeared before the City Council representing 52 families requesting that a divider be installed at 49th Street between Nashville Avenue and Peoria Avenue and that stop.signs be installed. Mrs. A. S. Levatino of.3815 49th Street appeared before the City Council and stated that stop signs would be satisfactory. After consideration of all informa- tion presented, the City Council requested .the city staff to bring several plans to the City Council on September 25, 1969, for controlling traffic in this area. The City Council stated to the approximately 10 persQns present in the Council Chamber that there will be selected enforce- ment of the traffic laws in this area. 69-28-322-838 Because of the danger resulting from traffic of excessive speed near Coronado High School (26) during the regular and suer terms, the following residents of the 4600 - 4700 blocks of 31st Street request that the City of Lubbock find a permanent method of curtailing traffic at one of the intersections of Salem, Toledo, or Vicksburg. Requests have been made that the area be patrolled more heavily, but this has not solved the problem. We would prefer that a solution be found prior to the beginning of the 1969 school term. The City Council considered a petition containing approximately 22 signatures from the residents of the 4600 and 4700 blocks of 31st Street requesting traffic control in this area. After considera- tion of all information presented, motion was made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to install stop signs at the intersections of Vicksburg, Salisbury, and Salem with 31st Street. Selected enforcement of the traffic laws to be used to control this area. 69-28-322-839 The City Council.considered sale of right-of-way on the west side of Indiana Avenue between 19th (33) Street and 34th Street that will not be required for this street. It was the unanimous consensus of opinion of the City Council that the City of Lubbock not sell any excess right-of-way at this time. 69-28-322-840 Motion by Councilman Hollingsworth, seconded by Councilman Turner, motion carried, Mayor Rogers (44) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize Councilman Deaton Rigsby to attend the Community Action Board meetings as a representative of the City Council. Councilman Rigsby to attend instead of Councilman Lonnie Hollingsworth who has been unable to attend these meetings. 69-28-322-841 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (45) and Councilmen.Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay,- to authorize the appointment of Mayor Rogers and Councilmen Hollingsworth and Turner to the Board of Directors of the South Plaius Association of Governments; Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner to be members.of the General Assembly. Member cities of SPAG are: County of Lubbock, Abernathy, Idalou, Lubbock, Slaton, Sballowater and Wolfforth. The General Assembly to be composed of 5 members from the County of Lubbock, 5 members from the City of Lubbock and one member from each of the other cities. The Board of Directors to be composed of 4 from the County of Lubbock, 3 from the City of Lubbock and one member "at -large", to be chosen at the annual meeting by all.governmental members within the.County of Lubbock which do not have direct repre- sentation on the board. 69-28-322-842 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (32) Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5751 be passed on first reading. Li I 11 U { SEP 11 19 ORDINANCE NO. 5751 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF GLOBE AVENUE AND A PORTION OF THE ALLEY IN BLOCK 9, BRADY ADDITION TO THE CITY OF LUBBOCK, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE, AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK T INDICATE THE CLOSING AND ABANDONMENT OF THE PORTION OF SUCH ALLEY AND STREET AS AFORESAID. 69-28-323-843 The City Council considered the proposal of Quinton T. Colwell & Associates, Inc., consulting (34) engineers, for engineering services for Lubbock Power and Light substation and transmission. Motion was then made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting May, to accept the recommendation of the Electric Utility Board and accept the proposal as set out below. The Mayor being hereby authorized to enter into contract. Mr. Carroll D. Smith, Distribution Superintendent September 1, 1969 Lubbock Power & Light P. 0. Box 2000 Lubbock, Texas 79408 Dear Carroll: With reference to our meeting on Thursday, August 28, 1969, the following items were discuss and this constitutes our proposal for Engineering Services for this project: 1. Substation - This substation will be similar in scope to the Coop Substation and every effort will be made to get it into'at least partial installation for use during the 1970 summer peak. The substation will be installed by LP&L crews but the Engineer will furnish inspection as with Coop and Erskine Substations. The base specifications will be for Lattice Steel Structure with alternates for some of the low profile, esthetic designs. •The relaying and control equipment for this substation will be a joint effort by LP&L and the Engineer. Planning will include how a 161 to 69.KV stepdown can be physically located on plot. 2. Equipment associated with Gas Turbines - Transformer and Breaker will be furnished by the supplier in same bid with.substation. Specifications for this dquipment to be basically furnishe by LP&L to Engineer for inclusion in purchase specifications. 3. Transmission Line - To be insulated for.161 KV aid used as.69 KV from Holly Plant to some point in southwest Lubbock. This line is to be built on single wood poles with horizontal post insulators. If possible this line will be designed for distribution underbuild. It may be neces sary to add future midspan poles for this. Conductor sizes, etc. to be investigated. Line to be built by LP&L crews with inspection by the Engineer. 4. Proposal - Substation ...................0.... ........$ 15,000.00 Transmission............ 4................ 7 500.00 Lump Sure Total $ 22,500.00 Payments to be made on percentage of completion as in past contracts. Contracts will be prepared and submitted as soon as requested. Sincerely, Quinton T. Colwell & Associates, Inc. /s/ Quinton T. Colwell by S.T. 69-28-323-844 The City Council considered the proposal of Barnard and Buck, Inc., consulting engineers, for (34a) Lubbock Power and Light System gas turbine generating unit. Motion was then made by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay,.to accept the recommendation of the Electric Utility Board and accept the proposal as set out below. The Mayor being hereby authorized to enter into contract. Hon. W. D. Rogers, Jr., Mayor City of Lubbock P. 0. Box 2000 Lubbock, Texas 79408 Re: Gas Turbine Generating Unit Lubbock Power and Light System Dear Mayor Rogers: In accordance with our conversation with Mr. N. B. McCullough, Director of Utilities, on Monday, August 25, 1969, we are pleased to submit the following proposal covering Engineering .Services necessary to purchase and install a Gas Turbine Generating Unit in the Lubbock Power & Light -System. I. CHARACTER AND EXTENT OF SERVICES: A. Purchase of Generating Unit (Design Phase): 1. Detailed Specifications covering the purchase of Equipment and Erection Services will be written, printed, and distributed to a list of qualified vendors approved by Lubbock Power and Light. 2. •Bids will be received, tabulated, and evaluated to determine the best bid. 24 SEP 11 1969 3. Purchase of a Unit will be recommended on the best evaluated bid. 4. A contract for equipment and services will be secured upon acceptance of the recommendation and approval of purchase by'the City Council and Lubbock Power and Light .Staff. 5. Detailed drawings as necessary will be prepared to layout Unit Location, Control Center location, External Fuel Connection and Water Connections, if required. B. Unit Construction and Start -Up (Supervisory Phase): 1; Construction Supervision would be -provided as required on a part-time as needed basis whether the project is purchased total turn -key or with the foundation being erected by Lubbock Power and Light. 2. Start -Up Supervision would be provided to assure proper operating procedures, unit reliability and performance as guaranteed by -the manufacturer. II. COMPENSATION: A. We propose to furnish the Professional Engineering Services listed under Article 1-A above entitled "Character and Extent of Services" for the lump sum price of Ten Thousand and No/100 Dollars ($10,000.00)., This fee will be due and payable in accordance with Article V hereinafter. B. We propose to furnish the services listed under Article 1-B above in accordance with . • the following terms: 1. The per diem rate for main office or field personnel (any disipline) from the main engineering offices of Barnard -and Burk, Inc. in Baton Rouge, Louisiana shall be in the amount of One Hundred and Twenty ($120.00) Dollars per day plus any applicable traveling and living expenses. The fees under this per diem rate will be dua and payable in accordance with terms of Article V hereinafter.- 2. The per diem rate covering personnel for field supervision (Resident Engineering) shall be in the amount of One Hundred ($100.00) Dollars per day plus traveling and living expenses while in transit to or from Lubbock, Texas, or while stationed on the project in Lubbock, Texas. III. ADMINISTRATION OF ENGINEERING CONTRACT: It is agreed that the Engineers will report directly to Mr. J. E. Shipman, Produc- tion Superintendent on all -matters -involved -under -this contract or any other person acting for or in his behalf -as designated by -the Director of Utilities of the City of Lubbock, Texas. IV. CHANGES IN SCOPE: After the project is initiated, the City of Lubbock, Texas, may change the scope of this Engineering Contract by written amendment that stipulates mutually acceptable negotiated changes. V. INVOICES AND PAYMENTS: A. Invoices and payment covering the engineering fee as stipulated under Article II -A shall be due and payable as follows: 1. Sixty -Five (65%) per cent of the lump sum fee shall be due and payable at the time the Plans and Specifications are completed. 2. Twenty -Five (25%) per cent of the lump sum fee shall be due and payable upon completion of evaluation of bids. 3. The remaining ten (10%) of the lump sum fee will be.due and payable upon comple-i tion and acceptance of the equipment or construction contracts covered under this agreement. B. Invoices and payment covering the engineering fees as stipulated under Article II-B above shall be handled on a monthly basis, and shall become due and payable upon presentation for payment. VI. LENGTH OF SERVICE.: A. We would begin our work immediately upon the acceptance of the provisions of the a Formal Agreement. We would further agree to complete the required work in ample time to assure delivery, erection, and start-up of the Unit in time to meet the summer loads of 1971. VII. SPECIAL PROVISIONS: A. The fees for -Professional Services listed in Article I are based on our work beginning at the fuel gas metering station and ending at the generator breaker. It is out understanding .that the external power connections will be made by others. It is also our understanding that existing specification data, drawings of present plant site,.and necessary information needed will be supplied by the City. SEP 11 If this proposal meets with your approval, will you kindly acknowledge by signing, and return one (1) copy to us. We appreciate the opportunity to submit this proposal and look forward to the performance -of this work. . :Very truly yours, BARNARD AND BURK, INC. /s/ L. A. St. Germain L. A. St. Germain Vice President -Public Works APPRO L BOCK, Orl By:. ` W. D. Rogers; Jr. Title: 'Ma or Date: 69-28-325-845 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (23) Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none'voting Nay, that Ordinance No. 5746 be passed on first reading. ORDINANCE NO. 5746 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF LUBBOCK BY ADDING THERETO CERTA I NEW SUBSECTIONS, REGULATING AND CONTROLLING BARRICADING OF CONSTRUCTION ON PUBLIC RIGHT-OF-WAYS WITHIN THE CITY; PROVIDING PUNISHMENT FOR VIOLATION THEREOF; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. 69-28-325-846 Motion by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (23a) Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5747 be passed on first reading. ORDINANCE NO. 5747 AN ORDINANCE AMENDING ORDINANCE NO. 4725 OF THE CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE), BY AMENDING SECTION 4402 THEREOF PROVIDING FOR TEMPORARY USE OF STREETS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-325-847 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (30) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION G.W.O. 2993, 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 alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: STREET FROM TO Geneva Avenue 2nd Street 2nd Place (H.W.) Temple Avenue 56th Street 58th Street Geneva Avenue 61st Street 62nd Street 61st Street Hartford Avenue Geneva Avenue Peoria Avenue 16th Street the alley N. of 16th Street 23rd Street Avenue•G Avenue F ALLEY FROM TO N-S Between Ave. R & Ave. S Main Street Broadway E-W Between 33rd & 34th St. 1/2 Block W. of Ave. Q Avenue S N-S & E-W Between Lynnhaven Drive and Louisville Drive 61st Street 62nd Drive II. Said portions of streets, highways, avenues and/or alleys shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing a ten (10) foot wide reinforced concrete strip in the alleys, reinforced concrete railroad crossings, by instal- ling storm sewers and drains where necessary, by installing a compacted ciaiche base, and by surfacing with five (5) course asphaltic surface treatment (Penetration type). The City Engineer is hereby directed to prepare plans and specifications for such improve- ments. 146 11969 IV. Such improvements in each unit shall be paid for in the following manner: 1. 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. 2. 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 (1) above, provided that such part of the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further pro- vided 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 enhanced 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. 2-a. The abutting property and the owners thereof shall be assessed for alley paving in the following manner.. Alleys to be improved which are single family or two (2) family residential on both sides will be assessed for fifty (50)% of the cost and the alleys,.where there are commer- cial or semi -commercial usage or zones on one side and residential property on the other side, property used for a single family residence will not be assessed. Property used for or, if vacant, zoned for two (2) family residential purposes will be assessed fifty per cent (50%) of the cost. Property used for or, if vacant, zoned for three (3) family residential purposes or more will be assessed ninety percent (90%) of the cost as will commercial and semi -commercial property. Said -owners of abutting property shall pay and shall be assessed for all the cost of constructing said alley paving adjacent to such respective property and a part of the remaining cost of such improvements, after deducting the sum to be paid by the railways under sub -paragraph 1 above, provided that such part of.the costs assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements, 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 pro- perty by way of enhanced value thereof by means of such improvements will not aggregate such pro- portion 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. 3. The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railways under sub -paragraph 1 hereof, and against abutting property and the owners thereof under sub -paragraph 2, 2-a, 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 ten 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 on street improvements•and 7% per annum of alley improvements. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 20 days after completion and acceptance of the improvements in the unit on which the pro- perty abuts by the City Council; the second and third one and two years respectively after comple- tion 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 attorneys 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 1105 B 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 PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 1 ATTEST : aL4 -or IAVENfA LOWS, City Secre ry 0 I APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /a/ Wilford n- WaYcnn SEP 11 1969 69-28-327-848 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (27) and Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5752 be passed on first reading. ORDINANCE NO. 5752 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF EAST 25TH STREET, EAST 27TH STREET AND EAST 29TH STREET, ALL ABUTTING QUIRT AVENUE AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDI- NANCE; AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE A CLOSING AND ABANDONMENT OF THE PORTIONS OF SAID STREETS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-327-849 Dr. F. V. Mattox, President of Lubbock Christian College, appeared before the City Council (7a) requesting authorization for the College to maintain livestock on the college campus in connection with their agricultural program. After consideration of this request; motion was made by Council- man Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Hollingsworth, Rigsby, and Turner voting Yea none voting Nay, to authorize Lubbock Christian College to maintain livestock on the college campus including cattle, hogs, sheep and horses for use in their college operation. Said livestock to be owned by or under control of the Lubbock � Christian College. 69-28-327-833A Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (43a) Councilmen Hollingsworth, Rigsby, and Turner 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 CONTRACT between the City of Lubbock and W. D. Turner Construction Company, covering paving improvements.for 16th Street and Avenue X under GWO 10678 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 RgI tion as if fully copied herein in detail. i \ / 1 Passed by the City Council this llth day of Septembe`i`, 1WMALIVAa%Ad ATTES -, LAVENiA LOWE, Cit Secretary -Treasurer APPROVED: /s/ Fred 0. Senter. Jr. .Fred 0. Senter, Jr., City Attorney 69-28-327-850 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (37a) Councilmen Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5750 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5750 WHEREAS, the City Council'of the City of Lubbock finds it is necessary to appropriate certain I specific funds out of bond funds for an approved project; NOW-ITHEREFORE, 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: Sanitation - Garbage Trash Disposal Bond Fun The sum $90,000.00 For the following purpose: Purchased from Mr. J. H. Felton and described as the East 1/2 of ;I Section 33,• Block A, Lubbock County, Texas. GWO 10687 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE C COUNCIL ADJO FROM REGULAR MEETING, SEPTEMBER 11, 1969.. D.- ROGERS, yor ATTE . LA NIA LOWE, City -Secretary -Treasurer — READ AND APPROVED THIS THE 25TH DAY OF SEPTEMBER, ATTEST: LAVEN -%OWE, City Secretary -Treasurer