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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/11/1969I1410 DEC 111969 REGULAR CITY COUNCIL MEETING: December 11, 1969 The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting r place in the City Hall, the following members thereof being present to -wit: Mayor W. D. Rogers, Jr., and Councilmen James H. Granberry, Lonnie F. Hollingsworth, Deaton Rigsby, and Morris W. Turner, City Manager W. R. Blackwell, Assistant City Manager Robert Wilson,. City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Lavenia Lowe. Absent: None 69-28-412-1085 The Invocation was given by Director of Traffic Wayne Sherrell. (1) 69-28-412-1086 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 69-28-412-1087 Motion by Councilman Rigsby, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers (3) and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize approval of City Council Minutes - Regular Meeting held November 25, 1969. 69-28-412-1088 Motion by -Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (12) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5794 be passed on second and final reading. 69-28-412-1089 (13) AN APPROPRIATION ORDINANCE ORDINANCE NO. 5794 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 $5,000.00 For the following purpose: City's cost of 24 inch effluent line to -Southwestern Public Service Company's Clifford B. Jones Power Plant. Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5795 be passed on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5795 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund The sum $55,500.00 For the following purpose: Acquisition for right of way on a portion of the northwest corner of 4th Street and Avenue H amount as follows: $52,000.00 Land Cost 3,000.00 Moving Cost 500.00 Supplemental Expenditures Cause No. 879, Special Commissioners Court No. 1 (Legal description attached) 69-28-412-1090 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (14) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5786 be passed on second and final reading. ORDINANCE NO. 5786 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. 1632: CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, LUBBOCK COUNTY, TEXAS FROM A "C-2" TO "C-3" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 41 DEC 11 196; r r r r 69-28-413-1091,. Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (15) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5787 be passed on second and final reading. ORDINANCE NO. 5787 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. 1585B: CHANGE.A TRACT -OF LAND OUT OF SECTION 6, BLOCK E-2, LUBBOCK COUNTY, TEXAS FROM "R-3".TO "A-l" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-413-1092 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (16) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5788 be passed on -second and final reading. ORDINANCE NO. 5788 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. 1635: CHANGE LOTS 15 AND 16, BLOCK 1; LOT 3, BLOCK 2; LOTS 1, 2, 17 AND 18, BLOCK 9; LOTS 12 THROUGH 15, BLOCK 10, LOTS-3, 4, AND 17 THROUGH 20,-BLOCK 11; AND LOTS 1 AND 2, BLOCK 14, ALL IN SOUTHPORT ADDITION, FROM "R-l" TO "C-4" ZONING DISTRICT; CHANGE THE EAST 182 FEET OF LOT 3, NAZARENE ADDITION, FROM "R-2" TO "C-4" ZONING DISTRICT; CHANGE THE EAST 100 FEET'OF LOT 6, BLOCK 8, SOUTHPORT ADDITION AND THE NORTH-1/2 OF LOT 7 AND ALL OF LOTS 5 AND 6, HILTON ADDITION FROM "C-2" TO "C-4" ZONING DISTRICT; CHANGE LOTS 1 AND 2 AND 4 THROUGH 17, STUBBS SUBDIVISION AND THE EAST 276 FEET OF BLOCK 1, GRANVILLE JOHNSON ADDITION AND LOT 17, BLOCK 1, LOTS 1, 2 AND 6,.BLOCK 2, LOTS 1 AND 2, BLOCK 8, LOTS 1 AND 2, BLOCK 11, LOTS 2 AND 19, BLOCK 15, LOTS 1 AND 2, BLOCK 16, ALL OF SOUTHPORT ADDITION AND LOT 1-B, SYFRETT ADDITION AND LOT 1, FREIDA ADDITION AND LOTS 1 THROUGH 12 AND LOT 25, E. R. LITTLE SUB- DIVISION AND LOTS 1 THROUGH 3, AUTOMOTIVE ADDITION AND THE SOUTH 1/2 OF LOT 7 AND ALL OF LOTS 8 AND 9, HILTON ADDITION AND LOT 1, TOWNHOUSE ADDITION AND LOTS 4 THROUGH 8, KATHRYN ADDITION AND ALL THAT PROPERTY EAST OF AVENUE Q, BETWEEN 35TH AND 38TH-STREETS, BORDERED ON THE EAST BY A POIN' EVEN WITH THE CENTERLINE OF PARIS AVENUE AND A TRACT OF LAND EXTENDING 56 FEET EAST FROM LOT 3, CHAR KING ADDITION, FROM "C-3" TO "C-4" ZONING DISTRICT; SUBJECT TO CONDITION; PROVIDING A SAVING! CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-413-1093 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (17) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5789 be passed on second and final reading. ORDINANCE NO. 5789 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. 1636: CHANGE LOTS 1 THROUGH ll,'J.- J. DILIARD ADDITION AND A TRACT OF LAND EXTENDING.325 FEET SOUTH OF 30TH STREET AND 150 FEET WEST OF AVENUE A AND A TRACT OF LAND EXTENDING 150 FEET EAST OF AVENUE A AND BETWEEN EAST 38TH STREET AND EAST 50TH STREET AND LOTS A, B, C, AND THE SOUTH 150 FEET OF LOT E, BURLINGTON INDUSTRIAL ADDITION, FROM "C-4" TO "M-l" ZONING DISTRICT; CHANGE A TRACT OF LAND PRESENTLY ZONED "C-3 " AND "C-4" EXTENDING 150 FEET EAST OF AVENUE A SOUTH DRIVE, BETWEEN EAST 50TH STREET AND SIATON ROAD TO "M-l" ZONING DISTRICT: CHANGE A TRACT OF.LAND EXTENDING 150 FEET EAST OF AVENUE A AND BETWEEN THE FORT WORTH AND DENVER RAILROAD TRACKS AND EAST 34TH STREET AND A -TRACT OF LAND EXTENDING 150 FEET NORTH OF EAST 34TH STREET AND BETWEEN AVENUK A AND ELM AVENUE, FROM "C-4" TO "M-2" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-413-1094 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (18) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5790 be passed on second and final reading. ORDINANCE NO. 5790 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. 1637:. CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "A-l" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE -AND PROVIDING FOR PUBLICATION. 69-28-413-1095 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (19) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5.791 be passed on second and final reading. ORDINANCE NO. 5791 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. 1638: CHANGE -LOTS 17 THROUGH 20, BLOCK 4, RICELAND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM "C-3" TO "C-4" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-413-1096 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (20) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that-Ord-i- nance No. 5792 be passed on second and final reading. ORDINANCE NO. 5792 AN ORDINANCE AMENDING.ZONING ORDINANCE NO. 5064 OF THE CITY OF LUBBOCK COVERING ZONE CASE NO. 921A, BY AMENDING THE CONDITIONS SHOWN ON THE SITE PLAN MADE A PART THEREOF INSOFAR AS THEY APPLY TO THE PROPERTY SITUATED WEST OF AVENUE T AND -SOUTH OF 50TH STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.. 14 _C 111969 69-28-414-1097 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (21) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5793 be passed on second and final reading.. ORDINANCE N0. 5793 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 169.5 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING.CHANGE: ZONE CASE -NO. 1008B: CHANGE LOT 537 AND 534, KUYKENDA,LL HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK.COUNTY, TEXAS,- FROM AN "R-1"•SPECIFIC USE TO A "C-3" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-414-1098 Motion by Councilman Granberry, seconded by Councilman Rigsby, motion carried, Mayor Rogers and (22) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordi- nance No. 5796 be passed on second and final reading.. ORDINANCE NO. 5796 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE -CITY OF LUBBOCK, ENTITLED "GARBAGE, TRASH, WEEDS AND BRUSH", BY ADDING THERETO THREE (3) NEW SECTIONS - 14-27, 14-28 AND 14-29 GOVERNING THE DISPOSAL OF GARBAGE, DRY REFUSE AND OTHER WASTE MATERIALS WITHIN THE INCOR- PORATE LIMITS OF THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-414-1099 Bids as follows were received for two 3 wheel scooters for the Park Department, being Bid No. (39) 1005. 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 Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none Nay, to authorize acceptance of the bid of Wheels Incorporated for purchase of two scooters. 69-28-414-1100 Bids as follows were received for purchase of two aerosol fog generators for the Health Depart- (40) ment, being Bid No. 1003. 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 Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid of Public Equipment and Supply Company for purchase of two fog generators. 69-28-414-1101 Bids as follows were received for purchase of 1", lk•" and 2' water meters, to establish price .(41) for a period of one year, being Bid No. 1010. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman.Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to.authorize acceptance of the bid of Rockwell Manufacturing Company for purchase of water meters. 69-28-414-1102 Bids as follows were received for purchase of miscellaneous electric items, being Bid No. 1015. (42) Bid Tabulation set in Bid Book. Accept the bid of General Electric Supply Company for purchase of items 1 and 6 thru 13. Accept the bid of Nelson Electric Supply Company for purchase of items 3 thru 5. Tie bids were received on Item 2 from General Electric Supply Company and Graybar Electric Company. Lot -was drawn by Councilman Granberry, whereupon the bid of General Electric Supply Company was accepted. 69-28-414-1103 Bids as follows were received for purchase of street name blades, being Sid No. 1016. (43) 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 Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bids as follows: Accept the bid of Vulcan Signs and Stamping, Inc. for purchase of Items 1 thru 8 and 10. .Accept the bid of Reynolds Aluminum Company for purchase of Item 11. Accept the bid of Municipal Street Sign Company for purchase of Item 9. Accept the bid of Traffic Supplies, Inc. for purchase of Item 12. Accept the bid of Hall Sign and Post, Inc, for purchase of Item 13. 69-28-414-1104 Bids as follows were received for purchase of 40 automobiles and. 2 station wagons for various (44) departments, being Bid No. 1022. 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 Granberry,.Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize acceptance of the bid -of Modern Chevrolet Company for purchase of 40 automobiles and 2 station wagons. I I El 69-28-414-1105 Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor (27) Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinanra No- 9797 ha nassad on first readinu. I DEC 11 196( F r c ORDINANCE NO. 5797 AN ORDINANCE AUTHORIZING THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON.BOTH SIDES OF INDIANA AVENUE BETWEEN 19TH STREET AND 34TH STREET, WITHIN THE CORPO- RATE LIMITS. OF THE CITY OF LUBBOCK, LUBBOCK COUNTY,, TEXAS; 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 SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF -AND THAT THIS ORDINANCE SHALL -BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 69-28-415-1106 Motion by.Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (28) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various alley improvement ordinances and reso lutions and'entered into contract with Frank Hodges Cement Contractor (G.W.O. 2970) for the making and construction of.alley improvements on portions of numerous alleys in said City includ- ing among others the following: The North -South alley between Avenue M and Avenue N from its intersection with a line 19.5 feet North of the South Property Line of 14th Street to its intersection with a line 19.5, South of the North Property Line of 15th Street, known and designated as Sub -Unit Number 20 of Unit Number A-396. The North -South alley between Texas Avenue and Avenue J from its intersection with a line 22.5 feet North of the South Property Line of 16th Street to its intersection with a line 10 feet South of the North Property Line of 17th Street, known and designated as Sub -Unit Number 23 of Unit Number A-396. The Northeast -Southwest alley between Brownfield Road and 34th Street from its intersection with the West Property Line of Slide Road to its intersection with the East Property Line of the North-South.alley West of S1ide.Road, known and designated as Sub -:Unit Number 42 of Unit Number A-396. AND WHEREAS.- the improvements upon the said portions of the abovementioned alleys have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 2970). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements,on said portions of the abovementioned alleys be -and the same are hereby accepted, and the City Engineer be and he is -hereby authorized to direct payment of the City's 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 alleys listed above and against the owners of such property in accor- dance 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 from and after PASSED AND APPROVED THIS 11TH DAY OF DECEMBER, 1969. W. D. ATTEST r - LAVENA LOWE, City Secret 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 December 11, 1969 Lubbock, Texas sage. 0_9 I Gentlemen: I have examined the paving improvements constructed by Frank Hodges Cement Contractor, contractor, under his contract dated November 15, 1968, designated as G.W.O. 2970 and find the improvements on the North -South alley between Avenue M and Avenue N from 19.51 north of the SPL 16 of 14th Street to 19.5' S. of the NPL of 15th Street, the North -South alley between Texas Avenue & Avenue J from 22.5' North of the SPL of 16th Street to 10' South of the NPL of 17th Street and the Northeast -Southwest alley between.Brownfield Road -and 34th Street from the WPL of Slide Rd. to the EPL of the North -South alley West of Slide Rd. as listed on the final estimate and assess- ment sheet to have been completed in accordance with the plans and specifications and recommend that you accept the improvements on said alleys, authorizing payment to the -contractor the amount shown on the attached consolidated final estimate sheet as due him 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 agaisist-them and their respective properties. Yours very truly, /sl Wilford D. Watson City Engineer CONSOLIDATED FINAL ESTIMATE G.W.O. 2970 Acce ted December 11 1969 QUANTITIES - _ • _ -.... _ _ -- _-- •--_-- S.Y. Unit & L.F. Alley Sub -Unit Location C & G Slab A-396-20 The N-S alley between Avenue M & Avenue N from 19.5' 55.00 321.11 N. of the SPL of 14th St. to 19.5' S. of the NPL of 15th St. A-396-23 The N-S alley between Texas Ave. & Ave. J from 22.5' 97.00 335.00 N. of the SPL of 16th St. to 10' S.' of the NPL of 17th St. A-396-42 The NE -SW alley between Brownfield Road & 34th St. 1,636.66 from the WPL of Slide Rd. to the EPL of the N-S alley West of Slide Road. COST ESTIMATE 152.00 L:F. Curb & Gutter 2292.77 S.Y. Alley Slab @ $2.00 @ $6.76 CONTRACT COST $ 304.00 15,499.13 $ 15,803.13 152.00 2,292.77 COST DISTRIBUTION Property City Unit & Contract Owner to Sub -Unit Cost Cost Contractor A-396-20 2,280.71 1,732.99 547.72 A-396-23 2,458.60 1,980.56 478.04 A-396-42 11,063.82 10,884.80 179.02 TOTALS 15,803.13 14,598.35 1,204.78 69-28-416-1107 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (29) Councilmen Granberry, 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 55th 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 cus- tomary share towards such paving, and, WHEREAS, the contract cost of the. paving improvements will not exceed $6,418.71, the total cost not over $6,739.65, and the City's share in connection therewith would not exceed $446.28, leaving the property owner's portion not to exceed $6,293.37, 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.$446.28 will be duly budgeted, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I Il 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: 59th Street from its intersection with a line 13.00 feet East of the East Property Line of - CEC x 2 rc r r I c Quaker Avenue, known and designated as Unit Number'2205. The City Engineer is further authorized and directed to duly inspect said paving constructio 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 $125.34 which is the City's share ($446.28) less $320.94 engineering, leaving the amount due the contractor from the property owners not to exceed $6,293.37. 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 hi 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 1-iebilfty whatsoever, except for the payment of a sum of $125.34 to the contractor. On motion -of -Councilman Granberry, seconded by Councilman Turner, t e was unanimously passed by the City Council this llth day of Df cep 19 . W. D. ATTEST: UNENLA LOWE, City ecret y ing resol ion WA Dewie Rothwell, owner 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 considerations therein stated. Dewie Rothwell By Kerr Construction Company _ By APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 69-28-417-1108 Motion by Councilman Granberry, seconded by Councilman Turner, motion carried, Mayor Rogers and (30) Councilmen Granberry, 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 Lubboc 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 57th 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 supe vision of the City Engineer, and the said owners desire that the City contribute its customary' share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $6,418.71, the total cost not over $6,739.65, and the City's share in connection therewith would not exceed $446.28, leaving the property owner's portion not to exceed $6,293.37, 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 $446.28 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: 57th Street from its intersection with a line 13.00 feet East of the East Property Line of RaleiE Avenue to its -intersection with a line 16.00 feet West of the West Property Line of Quaker Avenue known and designated as Unit Number 2206. The City Engineer is further authorized and directed to duly inspect said paving constructio on said street and to require strict compliance with -the approved plans and specifications, and .18 EC 111969 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 $125.34 which is the City's share ($446.28) less $320.94 engineering, leaving the amount due the contractor from the property owners not to exceed $6,293.37. 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 $125.34 to the contractor. On motion of Councilman Granberry, seconded -by Councilman Turner, he oregoing resol ion was unanimously passed by the City Council this llth day of jecI9 0 ATTEST i LAV IA LOWE, Ciff SecraFary Dewie Rothweil, owner 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 considerations therein stated. APPROVED: /s/ Wilford D. Watson Wilford D..Watson, City Engineer Dewie Rothwell By. Kerr Construction Company By APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney V 69-28-418-1109 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (33) CouncilmencGranberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Ordinance No. 5798 be passed as an emergency measure. AN APPROPRIATION -ORDINANCE ORDINANCE NO.-5798 .. 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, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Bond Fund The sum $1,375.00 For the following purpose: Appraisal of proposed right of way acquisition at 19th Street and Avenue Q. Property Description: The South 34.17 feet of Lot 3, all of Lots 4 thru 7, and the North 16.00 feet of Lot 8, of the Overton Addition, City of Lubbock, Lubbock County. 69-28-418-1110 Motion by Councilman Rigsby, seconded•by Councilman Turner, motion carried, Mayor Rogers and (37) Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, the City Council -has determined that it would be in the best interest of the City of Lubbock to acquire an option on a certain tract of land for possible purchase for use as a garbage .land -fill site; and WHEREAS, it is the opinion of the City Council -that the expression of approval of such option as voiced by individual members of the City Council on December 4, 1969, and the direction -to the Mayor of the City of Lubbock to execute such option before the expiration of such offer, should be ratified and authorized in official session, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Purchase Option Agreement with Concentric Engineering Company covering property known as the "J. H. Felton Property"., a copy of such purchase option agreement being attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this -Council shall constitute and be a part of this Resolution as if fully copied herein in deta2l; and DEC x �. f r F THAT the act of the execution of the aforesaid purchase City of Lubbock as stated in the preamble hereto, BE and is authorized act of this Council. Passed by the City Council this llth day of December, 1 ATTEST: i llld LAVENIA LOWE, City Secre ary-Treasurer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter; Jr., City Attorney THE STATE OF TEXAS ) COUNTY OF LUBBOCK ) option agreement by the Mayor of the in all things ratified as the fully PURCHASE OPTION AGREEMENT This Agreement fora Purchase Option is made and entered into at Lubbock, Texas, this 9th day of October, A. D., 1969,.by and between the CITY OF. LUBBOCK, TEXAS, a Texas Municipal Corporation, hereinafter called the "City", and CONCENTRIC ENGINEERING COMPANY, a corporation acting herein by and through its duly authorized officer, hereinafter referred to as "Concentric". ,WITNESSETH: WHEREAS, J. H. FELTON, Individually, J. H. FELTON, Authorized Agent, acting for MRS. MATTIE ROGERS AND OTHER OWNERS, hereinafter.referred to as -"Felton", is the owner of a one half section tract of land located and consisting of the East one half of Section 33, Block A, Lubbock County, Texas, and containing 320-acres more or less; and WHEREAS,.Coneentric-and.Felton have entered into a sales contract dated September 18, 1969, to purchase the said tract of land from Felton at a price of $88,000.00 and to be closed on or be€or December 31, 1969; and WHEREAS, Concentric through its contracts with Felton has the right of assignment; and WHEREAS, the City desires to acquire from Concentric an option to purchase the said tract of land and NOW THEREFORE, in consideration of the mutual covenants aiid.agreements herein recited, by each to be performed, it is hereby agreed by the City and Concentric hereto as follows: 1. For and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) cash in hand paid by the City to Concentric and for other good and valuable considerations as hereinafter set forth, the receipt of all of which is hereby acknowledged and confessed, Concentric does hereby grant to the City the option to purchase the said,tract of land, described above, subject to the terms and pro visions shown below. 2. Concentric is presently.submitting to the City a proposai'for a shredding and baling garbage processing plant that would be owned and operated by the City. The purpose of this Purchase Option Agreement is to make it possible for the City to be assured that it can acquire the above described tract of land,, under the conditions herein outlined, if the City contracts to purchase a shredding and baling garbage processing plant from Concentric or any other corporation or perso which would be used for tbapurpose of handling all of the garbage and refuse generated by the Cit 3. If the City contracts with Concentric to build a shredding and baling garbage processing plant, the City shall have the option -to purchase the said tract of land for a price of $88,000.00 plus payment of all closing costs commensurate therewith whether incurred by purchaser or seller. The -option must be exercised on or before December 31, 1969. 4. If the City contracts with a corporation, company, or person other than Concentric to build a shredding and baling garbage processing plant, the City shall have the option to purchase the said tract of land at a price of $90,000.00, plus payment of all closing costs commensurate there with whether incurred by the purchaser or seller. The option must be exercised on or before December 31, 1969. WTTNRSS the execution hereof the date first above written. OFFICIAL SEAL ATTEST: i Mrs. Lavenia Lpwe, ity cretary "l1W 1119690 CORPORATE SEAL ATTEST: CONCENTRIC ENGINEERING CO. (A Texas Business Corporation) [s/ John C. Thompson John C. Thompson, President /s/ D. H.-Newman D. H. Newman, Secretary 69-28-420-1111 Mr. Joe Horkey appeared before the City Council and presented a proposed fire prevention ordinance (10a) for service stations. This ordinance was taken under advisement by the City Council. Mayor Rogers stated to Mr. Horkey that the City Council would consider passage of this ordinance on January 8, 1970. 69-28-420-1112 NOTICE OF CITY COUNCIL HEARING (25) NOTICE is hereby given to owners of the property hereinafter described -or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 11th day of December, 1969, 11:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission --that the zoning district of the property herein described be -changed; and at which time and place " all interested persons will be given an opportunity to be heard; after which hearing, the City Council will determine whether the'Zoning Ordinance and map will be amended in accordance with such recommendations ZONE CASE NO. 1639 - Appeal of A. D. and L. C. Montgomery to change Lots 6, 7, and 8, Block 11, Southside Addition, City of Lubbock, Lubbock County, Texas, from an "R-3" to an "M-l" Zoning District. (West of Avenue K and North of 25th Street.) The Planning and Zoning Commission recommended -that this request be. -denied. ZONE CASE NO. 1640 - Request of Jack Layne (for -Robert L. Layne and Peter B. Durham) for a Specific Use Permit Zone Change under provisions of Section 14-A.1-19 of the Zoning Ordinance, for a Mobile Home Park on a tradt of land out of Section 77, Block A, Lubbock County, Texas. Property is -further described -by metes and'bounds to wit BEGINNING at the Southeast corner of the North 1/2 Section 77, Block A, Lubbock County, Texas; THENCE South 00 20' East 69.91 feet to a point; THENCE South 640 40' West 708.10 feet to a railroad rail; THENCE North 250 20' West 25.00 feet to -a 5/8" iron rod; THENCE South 640 40' West 600.00 feet to a 5/8" iron rod; THENCE South 250 20' East 25.00 feet to a railroad rail; THENCE South 640 40' West 1609: 64 feet to a 5/8" iron rod; THENCE North-250 2-0' West 60.00 feet to a 5/8" iron rod; THENCE in a Northwesterly direction, along the East right-of-way of Harvard Street, of a curve whose radius is 180.00 feet, an are distance of 151.39 feet to a point; THENCE North 250 20' West 499.83 feet'along the West right-of-way line of North Globe Avenue to a point;. THENCE continuing along the West -tight -of -way line of North Globe Avenue, a curve to the right, having a radius of 405.00 feet, and an arc distance of 176.71 feet to a point; THENCE North Oo 20' West 288.19 feet to a point; THENCE North 890 40' East 75.00 feet to a point; THENCE'North 00.20' West 225.00 feet to a point; - THENCE along a curve to the left, having a radius of 15.00 feet, and an are distance of 23.56 feet to a point; THENCE North 890 40' East 1187.49 feet to a point; THENCE along a'curve to the left, having a radius of 15.00 feet, and an arc distance of 23.56 feet to a point; ' THENCE North 00 20' West 15.00 feet to a point; THENCE North 890 40' East 1737.50 feet to the PLACE OF BEGINNING. Containing 48.895 acres more or less. (North of Municipal Drive and West of North Quirt Avenue.) The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. That the details of any subsequent. phases be checked by the City Staff for conformance with the site plan and the mobile home park ordinance.- 4� DEC X 119S9 2. That the required sidewalks along public streets'be temporarily waived for the first development phase and this waiver reviewed at the time of each•subsequent phase to deter mine if the sidewalks shall be required. IA , C y ec tary-Treasure City of Lubbock, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1639 - Appeal of A. D. and L. C. Montgomery to change property located west of Avenue K and North of 25t Street. from "R-3" to "M-1" zoning district; The Planning and Zoning Commission recommended that this zone change request not be granted. Mr'. Lonnie Montgomery appeared before the City Council in support of this zone change request. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried; Mayor Rogers and Councilmen Granberry, Hollingswor Rigsby, and Turner voting Yea, none voting Nay, to override the recommendation of the Planning ar Zoning Commission and pass Ordinance No. 5799 on first reading, subject to the following three conditions: 1. That uses be limited to manufacturing of magnetic type signs. 2. That•no outside storage be permitted. 3. That a solid 6 foot high permanent type screening fence of -wooden or masonry constructic be erected and permanently maintained along the north property Line of Lot 6. Said fence shall be erected prior to or concurrently with the issuance of the first building permit or "M" district use of any portion of the property. Said fence shall also be erected so that it meets the requirements of Section 15.1-2-2 of the zoning ordinance. ORDINANCE NO. 5799 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. 1639; CHANGE LOTS 6, 7, AND 8, BLOCK 11, SOUT1 SIDE ADDITION, CITY OF LUBBOCK, LUBBOCK, COUNTY, TEXAS, FROM AN "R-3" TO AN "M-l" ZONING DISTRICT SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-421-1113 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1640 - (26) Request of Jack Layne (for Robert L. Layne and Peter B. Durham) for a Specific Use Permit Zone Change for a mobile home park on property located north of Municipal Drive and west of North .Quirt -Avenue. The Planning and Zoning Commission recommended that this zone change request be granted, subject to the following two conditions: 1. That the details of any subsequent phases be checked by the City Staff for conformance with the site plan and the mobile home park ordinance. -2-. That the required sidewalks along public -streets be temporarily waived for the first development phase and this waiver reviewed at the time of each subsequent phase to determine if the sidewalks shall be required. Mr. Wayne McQueen appeared before the City Council in support of this zone change request repre- senting Mr. Peter Durham. Mayor Rogers called for opponents to appear before the City council, but no one came forward; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all -information presented, motion was made by -Councilman Granberry, seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none -voting Nay, -that Ordinance No. 5800 be passed on first readir ORDINANCE NO. 5800 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: MOBILE HOME PARK D ZONE CASE NO. 1640: 'CHANGE A TRACT OF LAND OUT OF SECTION 77, BLOCK A, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 69-28-421-1114 The City Council considered securing additional right-of-way on the south side of the South AvenL .•(35) Q and Avenue H Traffic Circle and motion was made by Councilman Turner, seconded by Councilman Rigsby, motion- carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to authorize the City Attorney and Right -of -Way Department to procee with negotiations for securing this right-of-way. 69-28-421-1115 The City Council considered dirt fill at 66th Street and Quaker Avenue and motion was made by (38) Councilman Hollingsworth,'seconded by Councilman Rigsby, motion carried, Mayor Rogers and Council men Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the dirt fill be made available to the Texas Highway Department at a 34� per square yard royalty, Councilman Granberry abstained from voting on this motion. 69-28-421-1116 NOTICE TO BIDDERS (36) Sealed -proposals addressed to the Honorable Maycrand City Council of Lubbock, Texas, Atten- tion N. B. McCullough, Director of Utilities, will be received 'at the office of W. R. Blackwell, City Manager, until 10:00 a.m., C.S.T., Friday, November, 14, 1969, for furnishing and delivering all necessary materials, machinery, equipment, and supervision of erection for the installation of certain power plant -improvements for the City of Lubbock, Texas, described as follows: Project No. 1712-325 - Furnishing and Installing Gas -Turbine -Generator Unit and Auxiliaries. The location of`this•project will be on a site to be selected by the City of Lubbock, Texas. The location of which will be determined at a later date. RiddPrG miict coihmir a CashiPr'G or Certified Check issued by a bank satisfactory to the 122 111963 Owner, or a Proposal Bond from a reliable Surety Company payable without recourse to the order of the City of Lubbock, Texas, in an amount not less.than five (5%) per cent of the largest possible bid submitted as a guaranty that the bidder will enter into a Contract and execute bond and guaranty in the forms provided within Fourteen (14) days after notice of award of contract to him. Bids without the required check or Proposal Bond will not be considered. The successful bidder must furnish payment and Performance Bonds in the amount of 100% of the total contract price from a Surety Company holding a permit from the State of Texas to act as Surety, or other Sureties acceptable to the Owner. All prices must be stated in both script and figures. The Owner reserves the right to reject any and/or all bids and tQ waive informalities. In the case of ambiguity or lack of clearness in stating the prices -in -the bids, the Owner reserves the right to consider the most advantageous contraction thereof, or to reject the bid. Bids will not be accepted on equipment manufactured outside the Continental limits of the United States of America. Each bid shall be submitted in a sealed envelope plainly marked as: BID PROPOSAL, COMBUSTION GAS TURBINE POWER PLANT, and bearing the manufacturer's name as well as the Bidder's name and address. The Owner also reserves the right to accept any bid which may prove more favorable to the City of Lubbock. Bid proposals will be reviewed and considered from a standpoint of quality, performance, and reliability of equipment offered, service facilities and the delivery promise, and also other factors as specified. Information for bidders, Proposal Forms, Specifications and Plans are on file at the office of Mr. J. E.,Shipman, Production Superintendent, Lubbock Power & Light, P. 0. Box 2000, Lubbock, Texas 79408, and in the office of Barnard and Burk, Inc., Consulting Engineers, P. 0. Box 15648, 10252 Mayfair Drive, Baton Rouge, Louisiana 70815 and are open for public inspection. Each set of such documents may be obtained from the Engineers upon payment of Twelve and Fifty One-Hundreths Dollars.($12.50) not to be refunded. No bid may be withdrawn for at least forty-five (45) days after the scheduled closing time for receipt of bids. CITY OF LUBBOCK, TEXAS Hon; W. D. Rogers, Jr., Mayor r In accordance with the above Notice to Bidders, bids were received from the General Electric Company, the Worthington Corporation, Westinghouse Electric Corporation and the Turbo Power and . Marine division of Pratt and Whitney Aircraft. Proposals were requested for equipment only (Proposal "A") with Lubbock Power and Light supplying necessary foundation and for total turn -key installation (Proposal "B"). The City's estimates of the cost of awarding separate contracts for foundations -by the City would be higher than the difference between Proposal "A" and "B". In addition to probable dollar savings in the turn -key Proposal "B", it offers to the City centralized responsibility for the entire installation under one contractor, therefore, it is recommended that consideration of only Proposal "B" be made for the award. Set in below is a summation of the bids received in the order opened.. The following is a recom- mendation of Barnard and.Burk, consulting engineers for this project. The three lowest evaluated bids for Proposal "B" in the specified size range are the "Pratt and Whitney Base", the "General Electric Base" and the"Worthington Base #l", shown on summation lines 8, 1, and 3 respectively. The "Pratt and Whitney Power Turbine" (see summation line 8) is not a horizontally split case and does not have specified type thrust bearing and sleeve type journal bearings. Therefore, it does not meat the specifications. The power turbine proposed by this bidder can only be disas- sembled by return to the bidders factory or a designated authorized service facility. The -"General Electric Company Base Bid" (see summation line 1) states that. the specified shipment date is subject to -delay due,to.a strike of company's employees at the time of bidding. The housing proposed with the unit does not meet the specification for allowing maintenance in a sheltered area and does not provide a fresh air filtration system for sand and dust removal within the housing. The "Worthington Corporation Base #1 Bid" (see summation line 3) meets specification requirements and assures delivery in accordance with the schedule set up by the City. We recommend that the City of Lubbock award a contract to the Worthington Corporation in the amount of $1,727,320 to provide a total turn -key installation (Proposal "B"). After consideration of all information presented, motion was made by Councilman Granberry,. seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollings- worth, Rigsby, and Turner voting Yea, none voting Nay, to.authorize acceptance of the bid of Worthington Corporation for purchase of the gas turbine unit, being.Base Bid #1, Proposal "B" on L .� the tabulation. The Mayor being hereby authorized to enter into contract. 69-28-422-1117 Motion by Councilman Rigsby, seconded by Councilman Turner, motion carried, Mayor Rogers and (31) Councilmen Granberry, 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 AT.TF.VC TN THR CTTV OR T.TTRRO K _ TFYAR-_ AND ALONr. THF. ROTTNDARV OF SAID CITY AND DIRECTING PREPARA- 42ZA 69-28-421-1116 (36) L B L L L!) ls_I Co V) L/) LU U U Q oi3 �--� O O � CD h V) LU H z F-- a w i-) CD Ld LLJ Z O Z Lit U ! cc (�} of U V H F -0 Q Lu J LS _.) LLJ H O Q J 9C _J Ln Lu H O f0 O aZf O ca co U' ¢ O zn O L L.L_ v h- it U W w z '7 3 0 0 ce rL Lfl LL- Ot Lo ~ U to z 0) Z Of d r Ln H w 1--y LLJ V) ^ U n=(3C) Cm LU LAJ Q m 0 CD L LJ M: O Z Z t7 LU O Q ►-+ O 7 . . h O O p CI Q' r -j Q V) z Z Z O .. O 1-- 1•xJ 4J U m m Q H 4 1-- .— N CV) O O L7 O� q CDp p H H /-y co w LU Lu LU wl m m d m m tb h L� W U W W LUW LNLJ ICJ W w } >. } } >- >- } >- Ln d H CY] m Q U-) LO O Ca LC) 0> N LJ ) - V M CO cn U') lO O O r M n N lD f• m Of M a n m � r Qe cn Ln co V) m J LO Ln O O to m N Ln CA m M OD O) O n m O ^ f]. M U-) N N ko Ln C tD O^ f� r m N U-) n r r N lil Z; 00 O O +3 Q C O O U r U r r 1 O O 10N N LO �•r •r jar V CO V OO S- O N I rt) d' co �'r rO K:r s- L-, t-. It L C, N U N S- N I S- N S'-. N 4j i-) 11 . f1' Lf) Ln O LS) O Liz O Lo U V O V >• V L� f1 L-, Q n cL n Q1 • fv �- •r- r S- i_ S- fB r r 4>, O L� S` S- O O O La.] J Li! J L 11J U 4 f) 0 4J Ln U W(-) Ln C) Ln f V Ld V ro R7 (o Lfl ^+ 11) ^ 4-) w F WX 0 X O X O X O X L17 g4 en N r t3 Z r Q1 r- WI O O O W O Q3 O +O S- O w H ILLJ 1- +) H i-) }- 4-) F-- O =i O O 3 O U m cn M -s-- O iM O 4- ^ i= ^ 0) 0'- - Ol M 4-) S` C3 S_ fO rO rO -C-- MI-1 0:-, O i-) ai `\' LO 41 N r +-) r 14-.) r is r- y •L-j O _0 O� Ni O r O r- S.. r S- r S_ r- ' Ln d-) Ln i-> Lo co O r6 QJ r3 O LD O /6 O r6. dJ CO OJ /D � L U` �C'3M M3C3 M13m3MQ-LLJ ' N_ 1{ C� r _ i • p O Z Z LU r- N , ( 7 ct LO LD L• m co .�i_ .. .i.... :.F.. •Fw �ti�o-:K ;.."M„ •<�.;:..�Y*,..5,r :e ,'i+M�?F J',TFi��:,'�J:��r.. ,' 1L. � L ; ��"'4.. ' 4!r- ,:: 1:. �tS 1 ��k'� #A�• ari �,�,' w �- "a.`{�iir' .:p ,e# cis' 'ESL- 4{'✓�_ .LI'.yr' ?' Lr�.�.- .i 423 DEC x x 1969 i .4 BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of streets, highways, avenues in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: ALLEY FROM TO I E-W Between 38th & 39th St. E-W Between 42nd & 43rd St. Ii. Ave. Q Boston Ave. 145' W. of Ave. Q 127' E. of Boston Ave. 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 caliche base, and by sur- facing with five (5) course asphaltic surface treatment (Penetration type). The City Engineer is hereby directed to prepare plans and specifications for such improve- ments. IV. Such improvements in each unit shall be paid forin 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 improve- ments, 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 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. 3. -The remaining cost of said improvements, after deducting the sums finally assessed against railways and street railwaysunder 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 paidby 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 there- of 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 property abuts by the City Council; the second and third one and two 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 pay- able 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 41112.1 DEC 111969 69-28-424-1118 (32) 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 from and after PASSED AND APPROVED THIS 11TH DAY OF DECEMBER, 1969. W. D. ATTEST: LAVENfA LOWE, City Secret ry APPROVED: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Isl Wilford D. Watson Wilford D. Watson, City Engineer Motion by Councilman Hollingsworth, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that the following resolution be passed. RESOLUTION WHEREAS, it has come to the attention of the City Council that an encroachment exists upon a postion of a drainage and utility easement abutting Lot 31, Alexander Land Addition to the City of Lubbock, Lubbock County, Texas, as more particularly described herein; and WHEREAS, it has been determined by the City Council that the portion of the said drainage and utility easement abutting.Lot 31 of the Alexander Land Addition wherein the encroachment exists is not needed for a drainage and utility.easement or for other public use; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the drainage and utility easement located on -Lot 31, Alexander Land Addition to the City of Lubbock as hereinafter described shall be and the same is hereby vacated and abandoned, for a drainage and utility easement purpose: BEGINNING at a point which•bears 48.64 feet West and 54.25 feet South of the Northeast corner of said Lot 31, said point being at the Southeast corner of a two story brick apart- ment building; THENCE North along the East wall of said building a distance of 2.2 feet; THENCE South 530 51' West along the easement line a distance of 3.72 feet to the intersec- tion with the South wall of the building; THENCE East 3.00 feet.to-the PLACE OF BEGINNING. THAT this vacating is expressly made subject to any and all.other easements and reservations shown on the plat'of said addition. THAT the City Engineer is hereby authorized and directed to mark the official map of the City of Lubbock to indicate that the.drainage.and utility easement as described in Section 1 hereof, has been vacated and abandoned. 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 Lorin Kumley, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council, this llth day of December, 1969. W. D. ROGERS, JR., Mayor ATTEST: LAVENIA LOWE, City Secretary -Treasurer APPROVED. /a/ Fred 0. Senter. Jr. Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEEI) THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X TRAT the CTTV OF TJTRRArK. a Rome Rule Munininalitv in the County of Lubbock_ State of Texas. DEC 11 1 valuable consideration to it in hand paid by LORIN KUMLEY of Lubbock County, Texas, the receipt of which is hereby acknowledged, does hereby by these presents BARGAIN, SELL, RELEASE AND FOREVE QUIT CLAIM unto the said LORIN KUMLEY of Lubbock County, all its right, title and interest in an to that certain tract or parcel of land lying and being situated in the County of Lubbock and State of Texas, described as follows, to -wit: BEGINNING at a point which bears 48.64 feet West and 54.25 feet South of the Northeast corner of said Lot 31, said point being at the Southeast corner of a two story brick apart- ment building; THENCE North along the East wall of said building a distance of 2.2 feet; THENCE -South 530 51' West along the easement line a distance of 3.72 feet to the intersecti with the South wall of the building; THENCE East 3.00 feet to -the PLACE OF BEGINNING. 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 LORIN KUMLEY, his heirs 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 December, 1969. -" CITY W. D. ROGERS, JR., ATTEST: LAVENIA LOWE, Cit Secre ary-Treasurer NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE OUNCIL ADJOURNED FIOM REGULAR MEETING, DECEMBER•11, 1969. rll�� ATTEST: LAVENIA LOWS, City ecretary-Treasurer READ AND APPROVED THIS THE 18TH DAY OF DECEMBER, JAIl _ W. D. ROGERS, JR or ATTEST: LAVENIA LOWE, City Secretary -Treasurer