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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/23/197540 J A N 2 3 1975 REGULAR CITY COUNCIL MEETING JANUARY 23, 1975 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall, -the! following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 75-34-40-87 The invocation was given by Al Couch, Director of Public Services. (1) 75-34-40-88 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) At this point Councilwoman Jordan raised point of order concerning decision of the City Council at luncheon meeting January 22, during which it was agreed by simple majority vote to allow suspension of zoning ordinance and allow cattle auction and tent at South Park Inn in con- nection with a convention. Councilwoman Jordan requested that instructions given to the staff at that meeting be declared void until official action has been taken, since the item did not appear on the agenda for January 22. In response to question from Mayor Bass, City Attor- ney Fred 0. Senter, Jr. stated that Rules of Procedure of the City Council provide that suspension of application of ordinance requires 4 votes, and that if Council determined that it be an agenda item, it may be considered after being posted fir two hours as emergency Item. He stated that it would take a majority vote to place the item on the agenda for consideration. Mayor Bass stated that he would make no ruling on this item at this time, but that he would rule on it later in the day. During the noon session, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Henry and Campbell voting Yea, none voting Nay, that this matter placed on the agenda as an emergency item for consideration at today's meeting. Councilwoman Jordan was absent at the time of this motion. 75-34-40-89 After notice to Council that added agenda item had been posted for more than two hours, the (52) matter of suspending application of zoning ordinance to allow tent at South Park Inn was considered. Motion was made by Councilman West, seconded by Councilman Henry, that tempor- ary suspension of zoning ordinance be granted to permit cattle auction and tent to be located at South Park Inn during the convention, on condition that the tent be placed as far away from residential area as possible. Vote on this motion was as follows: Mayor Bass, Councilmen West and Henry voting Yea, Councilwoman Jordan voting Nay, with Councilman Campbell abstain- ing. Motion failed for lack of sufficient vote. 75-34-40-90 Billy Sims appeared representing recreational vehicle owners, in regard to taxation of re- (6) creational vehicles, stating that he feels that it is an unfair tax since other recreational equipment is not taxed, and that the tax should be uniform. A group of persons in the council chamber stood in protest of this tax. Others speaking in protest of this tax were J. D. Badley, 2517 54th Street; Gene Cribbs, 4801 13th Street; Dick Benedict;_ C. D. King, 5502 27th Street and Wayne Butler, 2705 55th Street. After consideration of all infor- mation presented, Mayor Bass stated that in view of advice from City Attorney Fred 0. Senter, Jr. that the Council does not have authority, and would be doing wrong if Council adopted any kind of instruction to eliminate or alter the tax roll and in view of the fact that the citizens do have recourse to the courts, although not by way of injunction, and in view of the fact that Council does have in mind ins a cting the Tax Collector to look into the manner of evaluations, that he felt that we will/ ate next year the same problems we have had this year, and also in view of the heavy agenda that is before the Council for today's meeting, hearing will be closed on this item, 75-34-40-91 Bud Aderton appeared to discuss report on utilizing garbage for fuel, and recommended a feasi- (7) bility study. Bill Woods, Director of Utilities, and Sam Wahl, Director of Public Works, also appeared in this regard. After consideration of all information presented, it was the consensus of the Council that the city staff (Mr. Woods and Mr. Wahl) work with Mr. Aderton and the engineers at Texas Tech, to pursue this matter, and to make inquiries of the Nashville situation, and bring report back to the Council at its next meeting. 75-34-40-92 Loyd Lanotte, of Hertz Rental Agency appeared to appeal an Airport Board ruling allowing two (8) additional rental car companies to do business at the Lubbock Regional Airport, since he felt that it was not financially feasible to have more than 3 companies at the airport because of the volume of business. Robert Allen Hill of National Car Rental also appeared. After con- sideration of all information presented, motion was made by Councilman West to overrule the decision of the Airport Board and keep rental cars to three. This motion died for lack of a second. After further discussion, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Campbell and Henry voting Yea, Councilman West voting Nay, to table this item, and request both parties to be present at the next meeting to give their views on this matter. 75-34-40-93 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (9) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7017 on second and final reading. 1975 7 ORDINANCE NO. 7017 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: TRAFFIC SIGNAL BOND FUND The sum $6,500.00 For the following purpose: For the purchase of three Railroad Traffic Signal Control pre- emptors. 75-34-41-94 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (10) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7018 on second and final reading. ORDINANCE NO. 7018 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STORM SEWER BOND FUND The sum $20,000.00 For the following purpose: Construction of Concrete Drainage Channel from 19th Street South to the Seagraves Branch of the Panhandle and Santa Fe Railroad. This 20 foot wide channel easement is situated approximately 250 feet East of Quaker Avenue. 75-34-41-95 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor 0 1) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7019 on second and final reading. ORDINANCE NO. 7019 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; FM2641 CROSSING OF CANADIAN RIVER AQUEDUCT NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT BOND FUND GWO 10876 The sum $6,000.00 For the following purpose: ADDITIONAL ENGINEERING AND CONSTRUCTION COST ON CONTRACT AWARD FOR REINFORCING THE CANADIAN RIVER AQUEDUCT AT CROSSING POINT OF FARM TO MARKET ROAD 2641. 75-34-41-96 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7020 on second and final reading. ORDINANCE NO. 7020 AN ORDINANCE AMENDING SECTION 1915-3 OF CHAPTER 19B OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY PROVIDING FOR APPOINTMENT OF MEMBER TO THE PARK AND RECREATION BOARD AND PROVIDING FOR PUBLICATION. 75-34-41-97 The City Council considered setting the official city population estimate for January 1, (13) 1975. Jim Bertram, Director of Planning appeared and presented graph showing four different methods of estimating population, and recommended the figure of 171,1.00 as beingottgsnm�%dried, accurate. Motion was made by Councilman West, seconded by Councilwoman Jordan Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay, to set the official city population estimate for January 1, 1975 at 171,100. 75-34-41-98 The City Council considered report on request of Texas Tech Student Senate. Sam Wahl, (14) Director of Public Works appeared and discussed traffic around Texas Tech campus. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, Councilman Campbell voting Nay to request the District Engineer from the State Highway Department to make a signal re -study of the intersection at Tech Freeway and 6th Street. 42 ,lAN 23 1975 75-34-42-99 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay, to approve the price and conditions of sale of Parcel No. 5B-17-1 in the Guadalupe NDP Area to Jose G. Romo for a consideration of $1,500.00 to be redeveloped as a single family residence. 75-34-42-100 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor 0 6) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION GWO. 3120 WHEREAS, the City Council of the City of Lubbock by resolution passed on October 24, 1974, November 14, 1974, December 12, 1974, and January 9, 1975, in regular sessions of said City Council declared a necessity for and ordered the improvement of those certain highways, streets and alleys or portions thereof in the City of Lubbock, Lubbock County, Texas, as more particularly described hereafter, by excavating, grading, and paving the same and by the construction of drainage facilities therein and by the construction of curbs and gutters where- in curbs and gutters are not now in place, and directing the City Engineer to prepare plans and specifications for said improvements; and, WHEREAS, the plans and specifications for the improvements of said highways, streets and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock County, Texas, WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County, Texas, to be necessary in the public interest to make the improvements herein designated on those certain highways, public streets and alleys or portions thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT improv-Ing the hereinafter described highways, streets and alleys, or portions thereof, located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of drainage facilities therein as well as the necessary curbs and gutters which are not now in place be and are hereby found to be a necessity; and, THAT the cost of making such improvements be partly paid for by the City of Lubbock and partly by the hereinafter described property abutting upon the highway, street or streets and alleys or portions thereof which are hereby ordered to be improved, and the owners of such property as a personal liability after, public hearing all in accordance with and as required by Article 1105b, of the Revised Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature and amendments thereto. The portions of streets and alleys upon which improvements are proposed to be constructed and the abutting property proposed to be assessed for said improvements designated and de- fined by Unit and Sub -Unit are as follows: UNIT AND SUB -UNIT STREET FROM TO 2235-1 30' Wide Streets Quirt Avenue Nutmeg Avenue East Main Street 2229-30 36'Wide Streets Oth Street University Avenue 2229-31 Owen Street U.S. 87 2229-32 North Avenue E Owen Street 2229-33 45th Street Avenue A 42' Wide Streets 2230-6 Elkhart Avenue 49th Street 2230-7 Utica Avenue 61st Street 10' Wide Alleys Between: A-460-1 20th & 21st St. Flint Avenue A-460-2 AVeh ue 6 & Paris Ave. 15th St. A-460-3 Norwood Ave. s Norfolk Norfolk Ave. A-460-4 20th & 21st St. Hartford Ave. A-460-5 Louisville & Lynnhaven Memphis Drive A-460-6 34th St. & 35th St. Avenue N A-46o-7 40th St. Al st St. Indiana Avenue A-460-8 9th St. s lOth St. Salisbury Ave. A-460-9 69th St. & 70th St. Memphis Ave. A-46O-i0 20th St. &21st St. Flint Ave. Akron Avenue Mesa Road Alley S of Owen St. Avenue D 50th Street 62nd Street Elgcn Ave. 16th St. 68th Drive Gary Ave. 79th Street Avenue M Hartford Ave. Toledo Ave. 70th Street Gary Ave. THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this resolution and to record or cause same to be recorded in the Deed of Trust Records of Lubbock County, Texas. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF JANUARY, 1975. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer /s/ ROY BASS, MAYOR APPROVED: 10 L APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. , City Attorney /s/ Wilford D. Watson, City Engineer 43a )-AN 2 3 1975 75-34-43-102 (18) PARTIAL ASSIGNMENT OF CONTRACT This Partial Assignment of Contract made on or as of the �7 H 75 day of by and between PLAINS COOPERATIVE OIL MILL, INC., a corporation organized and existing under the laws of the State of Texas, with its principal place of business being in Lubbock, Texas, hereinafter called "PLAINS COOP", and the CITY OF LUBBOCK, TEXAS, chartered and existing under the laws of the State of � Texas. WITNESSETH: WHEREAS, PLAINS COOP has heretofore entered into a contract for the purchase of certain real property, styled "Contract for Sale of Land for Private Redevelopment, Part I and Part II" dated as of the 8th day of November, 1974, whereby PLAINS COOP agreed to purchase certain real property situated in the City of Lubbock, Lubbock County, Texas, from the Urban Renewal Agency of the City of Lubbock, Texas, a copy of the same being attached hereto and marked as Exhibit "A" and incorporated herein; and WHEREAS, PLAINS COOP desires to assign to the CITY OF LUBBOCK, TEXAS, a portion of its rights, duties and obligations as contained within the said contract, being an assignment of a portion of the property described in Schedule "A" annexed to the said contract and made a part thereof, the portion of the said property to be assigned hereby being described in the attached Exhibit "B", incorporated herein and to which reference is here made; and WHEREAS, the CITY OF LUBBOCK, TEXAS, desires to accept an assign- ment from PLAINS COOP of that portion of said property which is described in Exhibit "B" attached hereto, which, together with the remaining property (all of which is described in Schedule "A" attached to the said contract) is the subject of the existing contract between PLAINS COOP and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS; and the CITY OF LUBBOCK, TEXAS, will assume all rights, duties and obligations as are contained within the said contract by acceptance of the assignment from PLAINS COOP. NOW, THEREFORE, in consideration of the premises and of the mutual obligations of the parties hereto, each of them does hereby JAN 2 3 19 "0 M 0" 75-34-43-101 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (17) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay, to pass Ordinance No. 7027 on first reading. ORDINANCE NO. 7027 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; FM-2641 Right -of -Way NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT BOND FUND GWO 10892 The sum $53,309.50 For the following purpose: Acquisition of Right -of -Way and Clearances for Farm to Market Road No. 2641. Land only -------------------------- $48,849.00 Appraisals------------------------- 3,840.00 Supplemental Expenditures---------- 620.50 Total---------- 53,309.50 75-34-43-102 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed authorizing the Mayor to execute acceptance of a partial assignment of contract from Plains Cooperative Oil Mill. RESOLUTION WHEREAS, this City Council finds it is and will be to the public interest to purchase a tract of land from the Urban Renewal Agency of the City of Lubbock, and to do so it is necessary that the City of Lubbock execute acceptance of a "Partial Assignment of Contract" from Plains Cooperative Oil Mill, Inc., to said City of contract called "Contract for Sale of Private Development Part I and Part II" dated November 8, 1974 executed by Plains Co- operative Oil Mill, Inc., (as Purchaser) and the Urban Renewal Agency of the City of Lubbock, (as Vendor) in order that said City will be in position to purchase such property as afore- said for public purposes and municipal purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City an acceptance as set forth in the preamble hereof for the pur- poses set forth in said preamble. A copy of said partial assignment so accepted shall be spread upon the minutes of this Council and as spread the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of January, 1975. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. , City Attorney Partial Assignment of Contract is set in on page 43a. 75-34-43-103 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed authorizing the Mayor to execute a Grant Agreement Release with the Department of Transportation, Federal Aviation Agency. RESOLUTION WHEREAS, the City of Lubbock has requested the Federal Aviation Administration, an agency and instrumentality of the United States Government, to release certain restrictions and conditions with respect to properties located in and around Lubbock Regional Airport, and said agency is agreeable to granting such request subject to acceptance of such other conditions or reservations as imposed upon the City of Lubbock as contained in instruments hereinafter referred to in the body of this Resolution, and the City of Lubbock is agree- able thereto to expedite the construction of Interstate Highway No. 27 improvements in the vicinity of the Lubbock Regional Airport; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute acceptance on behalf of said City of a "DEED OF RELEASE" from the Federal Avia- tion Administration of the United States Government upon such terms and conditions as set forth therein under date of December 6, 1974, a true and correct copy of which shall be spread upon the Minutes of this Council, and as spread upon such minutes shall constitute and be a part hereof as if fully copied herein in detail. 51 J AN 2 3 1975 SECTION 2. THAT the Mayor of City of Lubbock is hereby authorized and directed to execute an acceptance of a "Letter of Release" from the Federal Aviation Administration of the United States Government under date of December 6, 1974, under such conditions as imposed upon the City of Lubbock by said Administration as contained therein, a true and correct copy of which shall be spread upon the minutes of this Council, and as spread upon the minutes of this Council, shall constitute and be a part hereof as if fully copied herein in detail. SECTION 3. THAT the Mayor of the City of Lubbock is authorized and directed to execute for and on behalf of said City an Agreement called "Supplemental Agreement" concerning certain 5.387 acre and 4.830 acre tracts of land located in or in the vicinity of the Lubbock Regional Airport concerning use of proceeds for Airport purposes from any proposed sale of such tracts under such terms and conditions as contained in said Supplemental Agreement, a true and coxrect copy of which shall be spread upon the minutes of this Council, and as spread upon such minutes, shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 23rd day of January, 1975. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney DEED OF RELEASE /s/ Roy Bass, Mayor THIS INSTRUMENT, a Deed of Release, made by the United States of America, acting by and through the Director, Southwest Region, Federal Aviation Administration, Department of Trans- portation, under and pursuant to the power and authority contained in the provisions of Public Law 81-311 (63 Stat. 700, 50 U.S.C. App. 1622c), as amended to the CITY OF LUBBOCK, a body politic under the laws of the State of Texas, WITNESSETH: THAT, WHEREAS, by "Instrument of Transfer" dated January 4, 1949, the United States of America, act- ing by and through the War Assets Administrator, under and pursuant to Reorganization Plan One of 1947 (12 Fed. Reg. 4534) and the powers and authority contained in the provisions of the Surplus Property Act of 1944 (58 Stat. 765), as amended, and applicable rules, regulations, and orders, did convey to the City of Lubbock, Texas, certain lands located and situated in the County of Lubbock, State of Texas, said lands constituting a part of the property now known as the Lubbock Regional Airport and formerly known as the South Plains Army Airfield, said "Instrument of Transfer" being recorded in the Deed Records of Lubbock County, Texas, in Volume 383, Page No. 144, reference being hereto made as if fully set out herein; AND WHEREAS, under the said "Instrument of Transfer" dated January 4, 1949, the City of Lubbock, for itself, its successors and assigns, assumed certain obligations and agreed to certain re- servations, restrictions, and conditions imposed therein which constituted covenants running with the land; AND WHEREAS, the City of Lubbock does now desire and request release of a portion of the lands described in the referenced instrument of transfer from the reservations restrictions, and condtions contained therein, for purposes which otherwise might be considered contrary to those reservations, restrictions, and conditions; AND WHEREAS, the City of Lubbocklms made application to the Administrator of the Federal Avia- tion Administration for release of the hereinafter described lands from the reservations, restrictions, and conditions contained in the referenced instrument of transfer; AND WHEREAS, the Administrator of the Federal Aviation Administration has determined, pursuant to the Public Law 81-311, that release of tha land described hereinafter from the above re- servations, restrictions, and conditions will not prevent accomplishment of the purpose for which the property was transferred and is necessary to protect or advance the interests of the United States in civil aviation, AND WHEREAS, the Administrator of the Federal Aviation Administration duly authorized the Direc- tor, Southwest Region, Federal Aviation Administration, to execute deeds of release for and on behalf of the United States of America, NOW, THEREFORE, for and in consideration of the above -expressed recitals and of the benefits to accrue to the United Stares of America and to civil aviation, the United States of America, upon inclusion by the City of Lubbock in any Instrument of Transfer conveying title to the hereinafter described real property, of provisions as follows: (1) That the City of Lubbock reserves unto itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the opera- tion of aircraft, now known or hereafter used, for navigation of or flights in the said airspace, and for use of said airspace for landing on, taking off from or operat- ing on the Lubbock Regional Airport; (2) That the City of Lubbock reserves unto itself, its successors and assigns, for the use and benefit of the public, a continuing right and easement over the real property hereinafter described to take such action as may be necessary to restrict the height of structures, objects of natural growth, and other obstructions to air navigation to a height of not more than 3390 feet above mean sea level for Parcel 32a and so as to not penetrate a plane beginning at the south boundary of Parcel 40.3a at 330 I" feet above mean sea level and extending upward and out over Parcel 40.3a in a northerly direction at a slope of 1:7 to a maximum allowable height of 3390 feet above mean sea level, unless otherwise approved by the Federal Aviation Administra- tion or its successor in function. (3) That the City of Lubbock reserves for itself, its successors and assigns, the right to prevent any use of the here4nafter described real property which would inter- fere with aircraft landing on or taking off from Lubbock Regional Airport, and the right to prevent any other use of said land which constitute an airport hazard; hereby quitclaims and releases the real property described below from the conditions, re- servations, and restrictions contained in said instruments of transfer which real property is located in the County of Lubbock, State of Texas, and is described as follows: PARCEL 32a Being 5.387 acres of land out of and a part of the North one-half (141) of the North- west one quarter (NWk) of Section 10, Block A, Lubbock County, Texas, which is more particularly described by metes and bounds as follows: BEGINNING at a point in the East right-of-way of U.S. 87 said point being a distance of 50 feet East and a distance of 30 feet South of the Northwest corner of Section 10, Block A; THENCE NORTH $ 058' East along the South line of a county road a distance of 96.36 feet to a point in the proposed East right-of-way line of U.S. 87; THENCE SOUTH 11052' East along said line a distance of 143.95 feet to a point, the be- ginning of a curve to the right; THENCE along said curve, whose radius bears South 78008' West a distance of 3969.72 feet, an arc distance of 822.17 feet to a point; THENCE SOUTH a distance of 231.25 feet to a point; THENCE SOUTH 2O51'45" East a distance of 101.62 feet to a point in the South line of the North one-half (NJ) of the Northwest one quarter (NW4) of Section 10, Block A; THENCE SOUTH 89058' West along said line a distance of 215.124 feet to a point in the existing East line of U.S. 87; THENCE NORTH 0002' West along said line a distance of 1290.00 feet to the point of beginning. PARCEL 40.3a. Being 4.830 acres of land out of and a part of the West one-half (j) of Section 32, Block A, Lubbock County, Texas, which is more particularly described by metes and bounds as follows: BEGINNING at a point in the East right-of-way line of U.S. Highway 87 and being a distance of 50 feet East of the Southwest corner of Section 32, Block A; THENCE NORTH 0008' West, a distance of 1320.30 feet, along the existing East right-of- way line of U.S. 87 to a point in the North line of the Southwest one quarter (SW�), of Section 32, Block A; THENCE NORTH 89052' East along said line a distance of 210 feet to a point in the proposed East right-of-way line of U.S.87; THENCE SOUTH 0008' East along said line a distance of 145.72 feet to a point, the be- ginning of a curve to the right; THENCE along said curve, whose radius bears South 89052' West a distance of 3969.83 feet, an arc distance of 826.82 feet to a point; THENCE SOUTH 11o48' West a distance of 271.30 feet m a point, the beginning of a curve to the left; THENCE along said curve, whose radius bears South 78012' East a distance of 3669.83 feet, an arc distance of 90.91 feet more or less, to a point in the South line of Sec- tion 32, Block A; THENCE SOUTH 89058' West along the South line of Section 32, a distance of 45.2 feet, more or less, to the place of beginning. By its acceptance of this Deed of Release, the City of Lubbock covenants and agrees for itself, its successors and assigns, to be bound by, and to comply with and observe, all of the conditions and limitations contained in said "Instrument of Transfer" dated January 4, 1949, and this instrument, except as to that real or personal property which, by the terms of this instrument, have been expressly released from such conditions, reservations, and restrictions. IN WITNESS WHEREOF, the United States of America has caused this Deed of Release to be executed as of the 6th day of December, 1974. CITY OF LUBBOCK, TEXAS By/s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney UNITED STATES OF AMERICA Department of Transportation By/s/ Henry L. Newman Regional Director Southwest Region Federal Aviation Administration M , )AN .2 3 1975 75-34-46-104 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (20) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed authorizing the Mayor to execute the sale of 1-27 Parcel 32 to the State of Texas. This Item 20 BE AND nCJVLU11 V14 THE SAME .IS REPEALED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: ND CANCELLED. (See tem 32, page 185. SECTION 1. THAT the Mayor of the City of Lubbock, Texas, is hereby authorized and directed to execute for and on behalf of said City a Warranty Deed from said City unto the State of Texas covering 13.173 acres of land out of Section 10, Block A, Lubbock County, Texas, to be used in connection with Interstate Highway 27 improvements to be made by the Texas Highway Depart- ment, subject to certain conditions as set forth in said Deed required by Federal Aviation Administration of the United States Government, a copy of which Deed fail be spread upon the minutes of this Council, and as so spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. SECTION 2. THAT the consideration to be received by said City from the State of Texas for conveyance of said land shall be $94,043.00. SECTION 3. THE Mayor is also hereby authorized and directed to execute a memorandum of agreement with respect to the above conveyance on behalf of the City of Lubbock with the State of Texas and/or the Texas Highway Department and a request for payment from said Smote Agency on Texas Highway Department Form 132 in the amount of $94,043.00, being the amount of consideration set forth in Section 2 hereof. Passed by the City Council this 23rd day of January, 1975. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney MEMORANDUM OF AGREEMENT Lubbock County Account: 9005-27-1 Project: 127-7(5) 308 Interstate Highway 27: From Loop 289 North of Lubbock To 1.5 Miles North of Monroe Overpass Parcel No. 32 City of Lubbock, Texas, a Homerule Municipality Mr. N. B. McCullough City Manager P.O. Box 2000, City Hall Lubbock, Texas Our negotiations for highway right of way across your property have progressed to the point that you have indicated a willingness to sign a deed in return for payment as agreed to in our previous discussions. It is thought to be in the best interests of both you and the High- way Department to confirm this agreement in order to avoid any possible misunderstanding as to the details of the purchase, or the process by which the Highway Department will make payment. Your property consists of 13.173 acres of land out of the NW/4 of Sec. 10, Block A. Lubbock County, Texas, with improvements thereon located two (2) miles North of Loop 289 on U.S. 87, Lubbock, Texas, on Interstate Highway 27. The right of way being purchased by the High- way Department has been thoroughly explained. The payment of $94,043.00 as herein agreed to will constitute full payment to be made by the Highway Department for the property to be conveyed to the State. The State and Owners have agreed to the following provisions: I. That you will execute a general warranty deed to the State conveying a clear title free of all defects, liens and encumbrances, except that oil, gas, and sulphur is reserved to you as provided in the Deed. 2. Save and Except, However, it is expressly understood and agreed that grantors are retaining title to the following improvements located on the above described pro- perty, to -wit: None And for the same consideration described above, and upon the same conditions, grantor does here- by bargain, sell and convey unto the State of Texas that portion of the following structure located on the remaining property out of which the above described premises were originally a portion, to -wit: Item B - A 50.9 ft. by 20.9 ft. rock veneer on concrete slab Garage The owner understands and agrees that it will be necessary for the State to enter upon his remaining property out of which the above described property was conveyed for the purpose of removing that portion of the above described structure which is located on such owner's re- maining property, the owner hereby authorizes the State, its agents or assigns to enter upon such remaining property for purposes of removing such structure and expressly waives all damages orclaims that may result to the remaining property of the owner as a result of such entry and removal of such structure. JAN 5 r 9"M r" 11 F SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors does: (a) Reserve for itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the land conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navi- gation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Lubbock Regional Airport. (b) Reserve for itself, its successors and assigns, a continuing right and easement over the land conveyed to take any action necessary to prevent the erection or growth of any structure, object of natural growth, orother object to such a height as to not exceed that elevation described for each parcel in Attachment , unless otherwise approved by the Federal Aviation Administration or its successor in function. (c) Reserve for itself, its successor and assigns, the right to prevent any use of the conveyed land which would interfere with the landing or taking off of aircraft at the Lubbock Regional Airport or otherwise constitute an airport hazard. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT: (1) The City of Lubbock reserves unto itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the air- space above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flights in the said air- space, and for use of said airspace, and for use of said airspace for landing on, taking off from or operating on the Lubbock Regional Airport; (2) The City of Lubbock reserves unto itself, its successors and assigns, for the use and benefit of the public, a continuing right and easement over the real property hereinafter described to take such action as may be necessary to restrict the height of structures, objects of natural growth, and other obstructions to air navigation to a height of not more than 3390 feet above mean sea level for Parcel 32a and so as to not penetrate a plane beginning at the south boundary of Parcel 40.3a at 3313 feet above mean sea level and extending upward and out over Parcel 40.3a in a northerly direction at a slope of 1:7 to a maximum allowable height of 3390 feet above the mean sea level, unless otherwise approved by the Federal Aviation Administration or its successor in function. (3) The City of Lubbock reserves for itself, its successors and assigns, the right to prevent any use of the hereinafter described real property which would interfere with aircraft landing on or taking off from Lubbock Regional Airport, and the right to prevent any other use of said land which constitute an airport hazard; PARCEL 32a. Being 5.387 acres of land out of and a part of the North one-half(NJ) of the North- west one quarter NK) of Section 10, Block A, Lubbock County, Texas, which is more particularly described by metes and bounds as follows: BEGINNING at a point in the East right-of-way of U.S. 87 said point being a distance of 50 feet East and a digance of 30 feet South of the Northwest corner of Section 10, Block A; THENCE NORTH 89058' East along the South line of a county road a distance of 96.36 feet to a point in the proposed East right-of-way line of U.S. 87; THENCE SOUTH 11052' East along said line a distance of 143.95 feet to a point, the beginning of a curve to the right; THENCE along said curve, whose radius bears South 78008' West a distance of 3969.72 feet, an arc distance of 822.17 feet to a point; THENCE SOUTH a distance of 231.25 feet to a point; THENCE SOUTH 2O51145" East a distance of 101.62 feet to a point in the South line of the North one-half (NJ) of the Northwest one quarter (NWT) of Section 10, Block A; THENCE SOUTH 89058' West along said line a distance of 215.124 feet to a point in the existing East line of U.S. 87; THENCE NORTH 0002' West along said line a distance of 1290.00 feet to the point of be- ginning. PARCEL 32b. Being 7.359 acres of land out of and a part of the Northwest one -quarter of Section 10, Block A, Lubbock County, Texas, which is more particularly described by metes and bounds as follows: BEGINNING at the Northwest corner of this tract, said corner being 5230 feet Wett and 30.00 feet South of the Northeast corner of Section 10, Block A, Lubbock County, Texas; THENCE NORTH 89058'00" East, 96.36 feet along the North property line of said tract to a point; THENCE SOUTH 11052'00" East, 143.95 feet to a point; THENCE in a Southeasterly direction along a circular curve to the right, the center of the curve being South 78008' West, 3969.72 feet from the beginning of the curve, an arc distance of 822.17 feet to a poin4 THENCE SOUTH, 231.25 feet to a point; THENCE SOUTH 2O51'45" East, 101.62 feet to the point of beginning. 48 �'M � 3 1915 THENCE SOUTH 2O51'45" East, 771.22 feet to a point; THENCE SOUTH 11018136" East, 305.94 feet to a point; THENCE.SOUTH 2O51'45" East, 228.54 feet to a point; THENCE SOUTH 2051145" West, 29.59 feet to a point in the South line of the Northwest one - quarter of Section 10; Block A; THENCE WEST, 308.52 feet along the South line of the Northwest one -quarter of Section 10, Block A, to a point in the East Right -of -Way of U.S. 87; THENCE NORTH, 258.0 .feet to a point; THENCE WEST, 15.0 feet to a point; THENCE NORTH, 134.0 feet to a point, said point also being the Southwest corner of Pioneer Natural Gas Company tract; THENCE EAST, 50.0 feet to a point; THENCE NORTH, 100.0 feet to a point; THENCE WEST, 50.0 feet to a point in the East Right-of-way of U.S. 87; THENCE NORTH, 765.80 feet to a point; THENCE NORTH 0002' West, 70.12 feet to a point; THENCE NORTH 89058' East, 215.124 feet to the point of beginning. Release Condition (b) : Height of any structure, object of natural growth, or other object not to exceed 3390 feet above mean sea level. Occupancy shall terminate no later than May 31, 1975. Grantors agree that occupancy shall be for their benefit exclusively, and the Grantors ack- nowledge that said occupancy hereunder shall be for their sole benefit and that no payment has been made or is to be made to the State for use of said premises, and that any attempt to assign such benefit, or to lease, rent, sub -let, or in any manner suffer or permit occupancy of the land or improvements thereon by a third party shall automatically suspend the operation of this provision, and the State shall then have immediate right of possession. With respect to any improvements located upon said land, title to which is to be acquired by the State, Grantors shall make every reasonable effort to keep such improvements in good repair and shall exercise such diligence as may be necessary to protect same from damage; however, Grantors shall not be responsible for damage or destruction as a result of fire or other acts of nature. Grantors agree that the State's employees or agents may make inspections of the premises from time to time, and that the State will be notified at the time Grantors vacate the premises. Grantors hereby acknowiedge that their use of and access to the expressway lanes to be con- structed in conjunction with the highway facility of which the land hereby conveyed shall be- come a part shall be and forever remain subject to the same regulation by legally constituted �uthorit as a ies t the bl'c's se. h reof• a d ra ors furthe a knowied , that the esign aid operpa�ion o suchp�i 1'iway Tac+tfi y as'a �on ro� ed Access Eighcway req�rre that access from Grantors remainingg properyy to said hi hu��ay-facll ity.shall be governed henceforth as indicted in Paragraphs (A) and/or (9) hereinbelow; and all abutter's rights, including rights of ingress and egress and the right of direct access to and from Grantor's remaining property to said Controlled Access Highway facility, which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released and relinquished insofar as they appertain to Paragraph (B) hereinbelow: (A) Access to and from Grantor's remaining property will be permitted. to the remainder abutting the highway facility. (B) Access to and from Grantor's remaining property will not be denied. After payment of the above purchase price, you will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the property to the State. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and similar expenses incidental to conveying such real property; and (2) penalty costs for prepayment of any pre-existing recorded mortgage entered into in good faith encumbering such real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon sub- mission of a claim supported by receipted bills or other evidence of actual expenses incurred. The payment of the amount herein stated and the terms herein provided constitute the only promises, consideration and conditions of this purchase, and no other promises, consideration or conditions have been promised or implied, save and except any benefits which may accrue under the State's relocation assistance program and the mutual benefits to be de- rived by Texas Highway Department and the owner from the signing of this instrument. The State without cost to the owner will pay the cost of recording all instruments conveying title to the State. It is suggested that you carefully review the proposed right of way and satisfy yourself as to its provisions. With your signing ofthis letter and the execution of the Deed, the State will proceed with the issuance of a State Warrant, which will be made out jointly to the owners of the property and Service Abstract and Title Company, Agent for Pioneer National Title Insurance Company. This Company has been designated as *the State's closing agent and is res- ponsible to see that the Highway Department obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept payment until you are fully satisfied on all details of the transaction. JAN ,, 3 1975 qE 11 F F Yours truly, /s/ George C. Wall, Jr. District Engineer Texas Highway Department District Five We fully understand the Texas Highway Department's proposal as contained in the above letter and acknowledge receipt of the Brochure, "Relocation Assistance Program". We under- stand that relocation benefits are handled entirely separate and in addition to this trans- action and agree that our execution of the Right of Way Deed is based on this understanding. City of Lubbock, Texas a Homerule Municipality /s/ROY BASS, MAYOR Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor 75-34_49_105 (20a) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed authorizing the Mayor to execute the sale of 1-27 Parcel 40 to the State of Texas. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the Mayor of the City of Lubbock, Texas, is hereby authorized and direct- ed to execute for and on behalf of said City a Warranty Deed from said City Luntocthe State of Texas covering 15.211 acres of land out of Section 28 and 32, Block A,Texas, to be used in connection with Interstate Highway 27 improvements to be made by the Texas Highway Department, subject to certain conditions as set forth in said Deed required by Federal Aviation Administration of the United States Government, a copy of which deed shall be spread upon the minutes°frtiofCouncil, Resolut�onsasspread fully cophedmhereen iinutn detail. Council shall constitute and be a pa SECTION 2. THAT the consideration be tggbe0received by said City from the State of Texas for conveyance of said land SECTION 3. THE Mayor is also hereby authorized and directed to execute a memorandum of agreement with respect to the above conveyance on behalf of the City of Lubbock with the State of Texas and/or the Texas Ha9t�entay Department inand the amountrequest offor $68e992�00�rbeinglthe State agency on Texas Highway Department ep amount of consideration set forth in Section 2 hereof. Passed by the City Council this 23rd day of January, 1975- /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney MEMORANDUM OF AGREEMENT Lubbock County Account: 9005-27-1 Project: 1 27-7(5) 308 Interstate Highway 27: From Loop 289 North of Lubbock to 1.5 Miles North of Monroe Overpass Parcel No. 40 City of Lubbock, Texas a Home rule Municipality Mr. N. B. McCullough City Manager City Hall Lubbock, Texas Our negotiations for highway right of to sgac�oas that you have indicated a willingness deed yourinr�eturn for perty epayment sasdagreed to etooint n the our previous discussions. It is thought ebeforder tosavoidinterests possiblaboth misunderstand - Highway Department to confirm this agreement in ing.as to the details of the purchase, or the process by which the Highway Department will 1 make payment. cres of lanout the Block Your property consists of 15.211 abock County, Texas withSo improvements thereon located A and out of Sec. 28, Block A, Lu right One Mile North of FM 2641 on U.S. 87� Lubbock, Texas, has sbeen thoroughly explan Interstate ined. The Theepayment of way being purchased by the Highway p to of $6$•992.00 as herein agreed to willcnsotthe Statete full payetStateeanddOwnershhavegagreed Department for the property to be conveyed to the following provisions: 1. That you will execute a generate cumbrances, exceptarranty deed to that State conveying thatoil, gas,and sulphur ititle s free of all defects, liens and reserved to you as provided in the Deed. 2. Save and Except, However, it is expressly understood and agreed that grantors are retaining title to the following improvements located on and above described pro- perty, to -wit. None,Please refer to Pages 1-AB 1-, l 0 JAN 2 3 1975 SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors does: (a) Reserve for itself, its successors and assigns, for the use and benefit of the pub- lic, a right of flight for the passage of aircraft in the airspace above the surface of the land conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Lubbock Regional Airport. (b) Reserve for itself, its successors and assigns, a continuing right and easement over the land conveyed to take any action necessary to prevent the erection or of any structure, object of natural growth ject to such a height as to not exceed that elevation described for eachtparcel oineAttachment, unless otherwise approved by the Federal Aviation Administration or its successor in function. (c) Reserve for itself, its successor and assigns, the right to prevent any use of the conveyed land which would interfere with the landing or taking off of aircraft at the Lubbock Regional Airport or otherwise constitute an airport hazard. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT: (1) The City of Lubbock reserves unto itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspEce such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flights in the said airspace, and for use of said airspace, and for use of said airspace for landing on, taking off from or operat- ing on the Lubbock Regional Airport; (2) The City of Lubbock reserves unto itself, its successors and assigns, for the use and benefit of the public, a continuing right and easement over the real property herein- after described to take such action as may be necessary to restrict the height of structures, objects of natural growth, and other obstructions to air navigation to a height of not more than 3390 feet above mean sea level for Parcel 32a. and -so as to not penetrate a plane beginning at the south boundary of Parcel 40.3a at 3313 feet above mean sea level and extending upward and out over Parcel 40.3a in a northerly direction at a slope of 1:7 iQ a maximum allowable height of 3390 feet above the mean sea level, unless otherwise approved by the Federal Aviation Administration or its successor in function. (3) The City of Lubbock reserves for itself, its successors and assigns, the right ti prevent any use of the hereinafter described real property which would interfere with aircraft landing on or taking off from Lubbock Regional Airport, and the right to pre- vent any other use of said land which constitute an airport hazard; Occupancy shall terminate no later than May 31, 1975. 4 Grantors agree that occupancy shalt be for their benefit exclusively, and the Grantors acknow- ledge that said occupancy hereunder shall be for their sole benefit and that no payment has been made or is to be made to the State for use of said premises, and that any attempt to as- sign such benefits, or to lease, rent, sub -let, or in any manner suffer or permit occupancy of the land or improvements thereon by a third party shall automatically suspend the operation of this provision, and the State shall then have immediate right of possession. With respect to any improvements located upon said land, title to which is to be acquired by the State, Grantors shall make every reasonable effort to keep such improvements in good repair and shall ' exercise such diligence as may be necessary to protect same from damage; however, Grantors shall not be responsible for damage or destruction as a result of fire or other acts of nature. Grantors agree that the State's employees or agents may make inspections of the premises from time to time, and that the State will be notified at the time Grantors vacate the premises. Grantors hereby acknowledge that their use of and access to the expressway lanes to be con- tructed in conjunction with the highway facility of which the land hereby conveyed shall be- come a part shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof; and Grantors further acknowledge that the design and operation of such highway facility as a Controlled Access Highway require that access from Grantor's remaining property to said highway facility shall be governed henceforth as indicated in Paragraphs (A) and/or (B)hereinbelow; and all abutter's rights, including rights of ingress and egress and the right of direct access to and from Grantor's remaining property to said Controlled Access Highway facility, which have accrued or might otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released and relinquished insofar as they appertain to Paragraph (B) hereinbelow: abutting the highway facility. (A) Access to and from Grantor's remaining property will be permitted: To the remainder (B) Access to and from Grantor's remaining property will not be denied. After payment of the above purchase price, you will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the property to the State. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and simi- lar expenses incidental to conveying such real property; and 2 { }penalty costs for prepayment of any pre-existing recorded mortgage entered into in good faith encumbering such real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. 1 -JAN 2 3 1975 r r F The payment of the amount herein stated and the terms herein provided constitute the only promises, consideration and conditions of this purchase, and no other promises, consideration or conditions have been promised or implied, save and except any benefits which may accrue under the State's relocation assistance program and the mutual benefits to be derived by Texas Highway Department and the owner from the signing of this instrument. The State without cost to the owner will pay the cost of recording all instruments con- veying title to the State. It is suggested that you carefully review the proposed right of way and satisfy yourself 4 as to its provisions. With your signing of this letter and the execution of the Deed, the State will proceed with the issuance of a State Warrant, which will be made out jointly to the owners of the property and Service Abstract and Title Company, Agent for Pioneer National Title Insurance Company. This Company has been designated as the State's closing agent and it responsible to see that the Highway Department obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right not to endorse the warrant and accept {payment until you are fully satisfied on all details of the transaction. Yours truly, /s/ George C. Wall, Jr. District Engineer Texas Highway Department District Five We fully understand the Texas Highway Department's proposal as contained in the above letter and acknowledge receipt of the Brochure, "Relocation Assistance Program". We understand that relocation benefits are handled entirely separate and in addition to this transaction and agree that our execution of the Right of Way Deed is based on this understanding. CITY OF LUBBOCK, Texas a Homerule Municipalitl /s/ROY BASS, MAYOR 75-34-51-105 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed authorizing the Mayor to execute an Amendment to Contract between the City of Lubbock and the Urban Renewal Agency, Memorial Center Project TEX R-138(C). 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 an AMENDMENT TO CONTRACT between Urban Renewal Agency and Lubbock Power and Light Department for relocation of existing facilities within the the Memorial Center Complex Urban Renewal Project attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall consti- tute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of January, 1975. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney TO CONTRACT BETWEEN URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK LUBBOCK POWER AND LIGHT DEPARTMENT OF THE CITY OF LUBBOCK FOR RELOCATION OF EXISTING FACILITIES WITHIN THE MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT TEX. R-138 (C) THIS AMENDMENT toihat certain contract dated the 26th day of April, 1973, and sub- sequently amended on the 8th day of November, 1973, made by and between the Urban Renewal Agency of the City of Lubbock, State of Texas, hereinafter referred to as the "Agency" and Lubbock Power and Light Department of th4l�TNESSETHof Lubbock, hereinafter referred to as the "Cit THAT the Company and the Agency mutually agree that said contract is hereby amended and Section III. Compensation, the sum of Five Hundred Sixteen Thousand Three Hundred Fifty - Six Dollars and Fifty Cents 516,356.5O), of said contract shall be increased by the amount of Twenty -Nine Thousand Six Hundred Thirty -Seven Dollars and Seventy -Four Cents ($29,637.74), increasing the total contract price to Five Hundred Forty -Five Thousand Nine Hundred Ninety -Four Dollars and Twenty -Four Cents ($545,994.24)• This amendment will allow the overhead electrical lines on the east side of Avenue K from 6th Street to 5th Street to be placed underground. THAT the above actions are subject to the concurrence of the Department of Housing and Urban Development. 52 JAN 2 3 1975 DATED this 23rd day of January, 1975. ATTEST: /s/ Treva Phil] 1 s, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney ATTEST: A/H.O.AIderson GITY OF LUBBOCK LUBBOCK POWER AND LIGHT DEPARTMENT /s/ ROY BASS, MAYOR URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK BY /s/ Jimmy R. Price Chaisrman, Urban Renewal Board of Commissioners 75-34-52-107 (22) Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell votingYea none voting Na toy nance No. 7028 on first reading, g Y pass Ordi- ORDINANCE NO. 7028 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE) BY AMENDING SECTION 5-2 THEREOF BY PROVIDING FOR AN AMENDMENT TO SECTION 204 THEREOF WHICH PROVIDES FOR A BOARD OF APPEALS; PROVID PROVIDING FOR PUBLICATION. ING A SAVINGS CLAUSE AND 75-34-52-108 (�3) The City Council considered a resolution regarding Indiana Avenue from 19th Street to 4th Street. After discussion of this item, it was agreed by the City Council to instruct the Cit Attorney to prepare a resolution to be considered at Special Called Y Meeting January 27, at 12:00 o'clock noon, in EOC. Mayor Bass did so call Special City Council meeting for this date, to consider resolution. No other action was taken on this item. 75--34-52-109 (24) Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry Campbell and votingYea none voting Na toY nance No. 7029 on first reading, 9 Y pass Ordi- ORDINANCE NO. 7029 AN ORDINANCE AMENDING SECTION 2-36 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY PROVIDING FOR THE TERMS OF OFFICE OF THE ELECTRIC UTILITY BOARD; PROVIDING FOR QUALIFI- CATIONS OF BOARD MEMBERS; PROVIDING A SAVINGS CLAUSE AND 75-34-52-110 PROVIDING FOR PUBLICATION. (26) The City Council considered a report on restructuring of the Community Action Agency. Al Couch, Director of Public Services, listed five options for consideration: I. Make the CAA a separate public agency or a private non-profit organization. 2. Separate the programs of the 'CAA and place them under existing City departments that perform similar duties. 3. Make the CAA a separate department that reports directly to the City Manager. 4. Make the . CAA a department reporting to a Division Director. 5. Make the .CAA a sub -department under a department reporting to the City Manager. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the City Council adopt Option No. 2, designate itself as Community Action Agency for the City of Lubbock and that its duties be performed through existing public services department, Al Couch, Director. 75-34-52-111 (�7) Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, -Henry and Campbell voting Yea, none voting Nay, to accept Change Order No. 1 to the H.B. Zach - Company authorizing saw grooving on overlay on Runway. 8-26 a cut grooving instead of plastic the Lubbock Regional Airport, with no change in cost. CHANGE ORDER NO. i Runway 8-26 Improvements �. Lubbock Regional Airport Lubbock, Texas �I To: H. B. Company ADAP Project No. 8-48-0138-06 P. 0. Box 21 Box 21130 San Antonio, Texas 78285 General description of work included in contract: The construction of approximate] 125,000 square yards of rigid overlay pavements on existing runway, ay connections, installation of new high intensity runway lighting systeml,sinstallationtruction ftof'yVASI-4 system, installation of NDB (non -directional beacon), removal of existing pavement and other incidental items of work. t- w a 0 10 5`' JAN 'w 3 197 r F Original amount of contract-------------------------------$3,248,1p8,00 Change Order No. 1------------------------ (No Change)------ -0- Adjusted Contract Price------------------------------- 3,248,108.00 Adjustment in Construction Time----------------------- -0- WHEREAS, it is desirable to make changes in the non-skid runway finish to be constructed under this project to provide for grooving by the saw cut method. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and the Contractor agree to the following changes: 1. On page 3, ADDENDUM No. 1, Item No. 13 under SPECIFICATIONS shall be deleted in its entirety and the following inserted: "13. Page 5-22, Paragraph 5-3.11 (g) (4) This paragraph shall be deleted in its entirety and the following inserted: ' (4) Non -Skid Runway Finish. If the surface texture is to be a non-skid finish it shall consist of grooves created by saw cuts in the hardened concrete surface. Grooving by the saw cut method shall be done using equipment described in 5-3.1. Sawing shall not be done until after the concrete has hardened sufficiently to permit cutting without chipping, spalling or tearing. Sawing of grooves shall not be done until all required saw cut joints of the slab to be grooved have been cut. Dimensions and alignment tolerances of saw cut grooves shall be within the following tolerances: Minimum Maximum Width 1/ " 3/ " Spacing 1 3/16" 2" Depth 1/8" 5/16" The width of the top of the groove shall be equal to or greater than the bottom width and shall be within the stated tolerance. Grooves shall be parallel to each other and per- pendicular to the runway center line. The allowable variation from perpendicular shall be 4" in 25 feet. In the event grinding is required to meet the specified surface tolerances, it shall be done in a direction parallel to the grooves. Regrooving, by the saw cut method, shall be done at the Contractor's expense in any area in which the grooves, after surface grind- ing, are less than the minimum specified depth.' " the in 49en here sball besQodcrunge ip.tbehcontract until prices for the items of work affected by aTorementioned chang�s, an9 work affected thereby, are subject to all contract stipulations and covenants. The Owner and the Contractor agree that there will not be an adjustment to the time allowed for completion of the project for the above -listed changes. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 23rd day of January, 1975. ---------------------------------------------------------------------------------------------- RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By: /s/B. E. Waver, Engineer, 1/9/75 APPROVED: H. B. ZACHRY COMPANY, Contractor By: E. M. Kruse], Senior Vice President, 1/6/75 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By: ROY BASS, MAYOR 1/23/75 ATTEST: Treva Phillips, City Secretary APPROVED: FEDERAL AVIATION ADMINISTRATION BY: 75-34-53-112 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (28) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay, to re -appoint Dr. David Cowgi I l as City Health Officer for a term of two years, beginning February 1 , 1975. 75-34-53-113 The City Council considered the claim of Carl Newsom in the amount of $132.00 for damage (29) to carpet. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to deny this claim. 75-34-53-114 The following bids were received for the purchase of copying machines for Municipal Court (30) and Lubbock Power and Light, being Bid No. 3221. Bid Tabulation set in Bid Book. After consideration of bids received, motion was made by Councilman West, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Pitney -Bowes, Inc., for the purchase of Item 1 and accept the bid of The Baker Company for the purchase of Item 2. 75-34-53-115 The following bids were received for the purchase of acidizing boilers for Lubbock Power (31) and Light Plant No. 2 and Holly Avenue Plant, being Bid No. 3220. Bid Tabulation set in Bid Book. RAI JAN 2 3 1975 75-34-54-116 (32) 75-34-54-117 (33) 75-34-54-118 (34) 75-34-54-119 (35) 75-34-54-120 (36) 75-34-54-121 (37) After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay, to accept the bid of Parkem Industrial Services, Odessa, Texas, for the Purchase of acidizing boilers for Lubbock Power and Light Plant No. 2 and Holly Ave- nue Plant. The following bids were received for the purchase of miscellaneous electric items for ware- house stock, being Bid No. 3238. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, %dan&,H1nry Ind Campbell voting Yea, none voting Nay, to accept the bid of Temple, Inc., foeMiF�a a- ccept the bid of Southwestern Electric Supply Company for the purchase of Item 2; accept the bid of General Electric Supply Company for the purchase of Item 4; accept the bid of Temple, Inc., for the purchase of Items 5, 6 and 10; accept the bid of F.A Roso Co., Arlington, Texas for the pur- chase of Item 11; accept the bod of Fields and Company for the purchase of Items 12 and 13; accept the bid of Graybar Electric Co., Amarillo, Texas for the purchase of Items 14, 15 and 16. The following bids were received for the purchase of five motorcycles, solo, for the Police Department, being Bid No. 3235. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Graves Auto & Cycle Sales for the purchase of f ive Motorcycles for the Police Department. The following bids were received for the purchase of one packer body with front end loader for the Sanitation Department, being Bid No. 3246. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Hobbs Trailers for the purchase of one packer body with front end loader for the Sanitation Department. The following bids were received for painting the interior of the City -County Health Department, being Bid No. 3244. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Wardroup & Associates for painting the in- terior of the City -County Health Department. The following bids were received for repair in Warehouse area and painting interior of Police Academy, being Bid No. 3249. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Hunter Construction Co. for remodeling of Police Academy building located at 615 Municipal Drive. The following bids were received for structural steel for Mc Cullough Substation for Electric Distribution, being Bid No. 3205. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Dis-Tran Products, Inc., Alexandra, Louisiana, for the purchase of structural steel for McCullough Substation for Electric Distribution. 75-34-54-122 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7030 on first reading. ORDINANCE N0. 7030 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, L1. �F JAN 2 3 197! BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $246,544 For the following purpose: For steel substation structures as outlined in Bid #3205 and including foundations and labor for installation. 75-34-55-123 The following bids were received for the purchase of plastic conduit and fittings for ware- (39) house stock, being Bid No. 3242. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Fields & Co. for the purchase of plastic conduit and fittings for warehouse stock. 75-34-55-124 The following bids were received for the purchase of two rotary type mowers, one for Park (40) and Recreation and one for the Lubbock Regional Airport, being Bid No. 3225. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Farmer's Supply for the purchase of mowers. 75-34-55--125 The following bids were received for the purchase of a microfilm system, being Bid No.3189• (41) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Eastman Kodak Co. for the purchase of mi- crofilm equipment. Payment for this system will be from revenue sharing funds. 75-34-55-126 The following bids were received for the purchase of two street sweepers for Public Works, (42) being Bid No. 3198. Bid Tabulation set in Bid Book. Sam Wahl, Director of Public Works, appeared before the City Council in regard to this bid. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of West Texas Equipment Co. for the purchase of two street sweepers for Public Works. N. B. McCullough, City Manager, called to the attention of the City Council that this bid exceeded the authorized budgeted amount4 17,550. 75-34-55-127 The following bids were received for the construction of steel water storage tanks for the (43) Canyon Lakes Project. CITY OF LUBBOCK, TEXAS TABULATION OF BIDS BID DATE: JANUARY 15, 1975, 2:00 P.M. WATER STORAGE FACILITIES CANYON LAKES PROJECT BOR PROJECT NO. 48-00146 (CONTRACT NO. 1) BIDDER DIVISION I DIVISION II TOTAL BID BID 50,000-GALLON 00,000-GALLON DIVISION I SECUR- STEAL ELEVATED STEEL STORAGE PLUS ITY STORAGE TANK RESERVOIR DIVISION 11 Chicago Bridge & Iron Co. 2651 E. 21st Street 505 Columbia Building 5% $118,620.00 $96,120.00 $212,740.00 Tulsa, Oklahoma 74114 430 Days 430 Days 450 Days _ Cooper -Scott, Inc. P.O. Box 10232 5% No $108,724.00 No Lubbock, Texas 79408 Bid Sept. 22, 1975 Bid Pittsburg -Des Moines Steel 2200 S. Post Oak Road No No No. Houston, Texas 77027 Bid Bid Bid Universal Tank & Iron Works 610 Meadows Building 5% $98,450.00 $110,00.00 $206,650.00 Dallas, Texas 75206 May 31, 1976 May 31, 1976 June 30, 1976 r, JAN 2 3 1975 After consideration of the bids received, motion was made by Councilman West, seconded by Councilman Campbeli, motion carried, Mayor Bass, Councilmen West, Jordan, Hen ry and Campbell voting Yea, none voting Nay to accept the bid of Universal Tank & Iron Works, Dallas for the construction of the 50,000 gallon steel elevated storage tank and accept the bid of Chicago Bridge & Iron Co., Tulsa, Oklahoma, for the construction of a 400,000 gallon steel storage rese rvo i r. 75-34-56-128 The City Council considered bids for graphics in the new terminal complex at the Lubbock (45) Regional Airport. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Henry and Campbell voting Yea, none voting Nay to accept the bid of Heath & Co., Dallas, in the amount of $41,923, as recommended by the Airport Board, for graphics in the new terminal com- plex at the Lubbock Regional Airport. Councilwoman Jordan was absent from the Council Chamber at the time cf`this action. 75-34-56-129 The City Council considered bids for furnishings in the new terminal complex at the Lubbock (46) Regional Airport. Bill Carter of H.O.K. appeared in regard to these bids. After considera- tion of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass) Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, Councilman West voting Nay to accept the bids as recommended by the Airport Board with the exception of the terminal seats and to award the bid for the terminal seats to llecta with the colors to be in red, orange and yellow vinyl. 75-34-56-130 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (47) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Ordinance No. 7031 be passed on first reading. ORDINANCE NO. 7031 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: AIRPORT CAPITAL PROJECTS FUND The sum $321,365.00 For the following purpose: To A.W.O. 201 to provide for engineering and architect costs of construction phase only, graphics, interior furnishings and other associated items for the New Terminal Building. 75-34-56-131 The City Council considered bids for paving entrance roadways parking lot and lighting for the (48) new terminal complex at the Lubbock Regional Airport. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Kerr Construction Co. as recommended by the Airport Board. 75-34-56-132 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (49) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordi- nance No. 7032 on first reading. ORDINANCE NO.'7032 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: AIRPORT CAPITAL PROJECTS FUND The sum $300,000.00 For the following purpose: Addition to A.W.O. 198 to cover construction cost for paving Airport Entrance Roadway, parking lots, and associated lighting, or other items of related work. 75-34-56-133 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (50) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Mrs. Joan Kindred and Charles Henry to the City -County Health Board to replace Dr. John C. Key and Mrs. Stanley Wheeler whose terms expired. These terms are for three years and will expire February 21, 1978. 75-34-56-134 Motion was made by Councilwoman Jordan, seconded by Councilman Henry motion carried, Mayor (51) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Harold Chatman to replace Albert Troost as a regular member and appoint David Hester to re- place Wiilim E. Pitts as an alternate member to the Board of Adjustment -Zoning. These terms are for two years and will expire February 26, 1977. JAN 2 3 75-34-57-135 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (44) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay, to pass Ordinance No. 7033 on first reading. ORDINANCE NO. 7033 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated outof the following described bond fund, to -wit: WATER CAPITAL IMPROVEMENT FUND The sum $214,027 For the following purpose: Contract: Division 1 98,450.00 Division II 96,120.00 $1917570.00 Engr. and Inspection 19,457.00 $21 ,027.00 75-34-57-136 Sterling Miller, Finance Director, appeared and presented a report on the request of Lubboc (25) Power and Light. Mr. Miller stated that if Lubbock, Power and Light has as much as 5% gas curtailment this year, Pioneer Natural Gas Company will net $57,000 after taxes, from sale of gas withheld from Lubbock, Power and Light customers approximately $600,000 in added fue oil costs. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Henry and Campbell voting Yea, none voting Nay, to authorize public hearing February 27, 1975, 11:00 A.M., on request of SWPS and LPL for rate increase. Councilwoman Jordan was absent at the time of tte motion and vote on this item. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGUL MEETING January 23, 1975. 111;L % ATTEST: R Y BA S, MAYOR Treva Phillips, City retary-Treasurer READ AND APPROVED THIS THE 13th day of February, 1975. t�, ATTEST: ROY BA S , MAYOR Treva Phillips, City S retary-Treasurer