HomeMy WebLinkAboutMinutes - City Council - Regular - 4/10/19751.54
APR 10 1975
REGULAR CITY COUNCIL MEETING
APRI L 10, 1975
The City Council of the City of Lubbock, Texas met at 10:00 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
75-34-154-327 The invocation was given by Mayor Roy Bass.
(1)
75-34-154-328 The Pledge of Allegiance to the Flag was given in unison by those present
(2) in the Council Chamber.
75-34-154-329 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell,
(3) motion carried, Mayor Bass, Councilmen West, Jordan, henry and Campbell
voting Yea, none voting Nay to approve City Council Minutes - Regular
Meetings held March 26, 1975 and March 27, 1975.
75-34-154-330 H. E. Whitney appeared before the City Council to appeal ruling on median
(11) opening at 50th Street and Avenue C. Bill McDaniel, Director of Traffic
appeared showing drawings of 50th Street and Avenue C. After consideration
of all information presented, motion was made by Councilwoman Jordan,
seconded by Councilman West, motion carried, Mayor Bass, Councilmen
West, Jordan and Henry voting Yea, Councilman Campbell voting Nay to
open median at 50th Street and Avenue C.
75-34-154-331 Dr. John Key, representative of the Health Board, appeared before the
(12) City Council presenting recommendations of the City -County Health Board
regarding revisions in the Lubbock Animal Ordinances. Judy Edwards
with the Humane Society, and Loyd Watts appeared in this regard. After
donsideration of all information presented, no action was taken. The
City Council will consider this item after further information is received.
75-34-154-332 Arlan Trice, Chairman of the Cemetery Board, appeared and presented
(13) recommended rate changes for grave services and monument installations.
After consideration of all information presented, motion was made by
Councilman Campbell seconded by Councilman Henry, motion carried, Mayor
Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting
Nay to adopt recommendation for rate changes as presented. Jim Collier,
of South Plains Monument Company requested to be heard in regard to
these rate changes. Mr. Collier discussed fees, permits and installation
of monuments. After further consideration motion was made by Councilman
Campbell, seconded by Councilman Henry, motion carried, Mayor Bass,
Councilmen West, Jordan, Henry and Campbell voting Yea, none voting
Nay to withdraw original motion and second and refer the matter to Cemetery
Board for further study, and that it be placed on the agenda for next
City Council Meeting.
75-34-154-333 Bob Nash, of the Civic Centers Board, appeared before the City Council
(14) with recommendations concerning dedicatory plaques for the Civic Center.
After consideration of all information presented motion was made by
Councilwoman Jordan, seconded by Councilmen West, motion carried, Council-
woman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay
to accept the recommendations of the Civic Centers Board.
75-34-154-334 Henry Huneke, Chairman of the Park and Recreation Board appeared before
(15) the City Council and presented the following recommendations of the
Board:
a. Consider a request to use an amplifier in Mackenzie
Park for an open-air concert.
b. Consider amending Section 19.8 of the Code of
Ordinances regarding the use of public address
systems to permit such use in City parks upon
approval of the Park and Recreation Board.
C. Consider an appropriation ordinance from Park
Bond Funds for irrigation systems for three parks.
d. Consider an appropriation ordinance from Park
Bond Fund for botanical supplies for three parks.
e. Consider proposed regulations regarding radio -
controlled, model airplanes in Yellowhouse Canyon
Park.
f. Consider the Buster Long conveyance of a tract of
land in Section 28, Block E-2, for park purposes.
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APR 10 "
75-34-155-335 Mr. Huneke presented the recommendations of the Park and Recreation Board
0 5a) requesting to use an amplifier in Mackenzie Park for an open-air concert
to be held on May 3, 1975. After consideration of all information presented,
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 recommendations of the Park and Recreation
Board, and allow use of amplifier in Mackenzie Park for open air concert
May 3, 1975.
75-34-155-336 The City Council considered amending Section 19.8 of the Code of Ordinances
(15b) regarding the use of public address systems to permit such use in City parks
upon approval of the Park and Recreation Board. After consideration of all
information presented, motion was made by Councilman West, seconded by Councilman
Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell
voting Yea, none voting Nay to pass Ordinance No. 7058 on first reading.
ORDINANCE NO. 7058
AN ORDINANCE AMENDING SECTION 19-8 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK, TEXAS, WHICH PROVIDES FOR LOUDSPEAKERS AND AMPLIFIERS, BY
AMENDING SUCH SECTION TO PROVIDE FOR PERMISSION OFR SUCH USE IN CITY PARKS;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
75-34-155-337 The City Council considered an appropriation ordinance from Park Bond Funds
050 for irrigation systems for the following parks: Jack Stevens, Bill Miller,
and Earl Crow Parks. After consideration of all information presented, motion
was made by Councilman West, seconded by Councilman Henry, motion carried,
Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none
voting Nay to pass Ordinance No. 7059 on first reading.
ORDINANCE NO. 7059
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: Park Bond Funds
The sum $80,000
For the following purpose: Labor and material for installation of water
systems on the following parks: Jack Stevens, Bill Miller, and Earl Crow.
I
75-34-155-338 The City Council considered an appropriation ordinance from Park Bond Fund
(15d) for botanical supplies for the following parks: Jack Stevens, Bill Miller,
and Earl Crow Parks. After consideration of all information presented, motion
was made by Councilman West, seconded by Councilman Henry, motion carried,
Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none
y voting Nay to pass Ordinance 7060 on first reading.
ORDINANCE NO. 7060
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; I
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: Park Bond Funds
The sum $8,000.00
For the following purpose: Labor and material for installation of botanical
supplies on the following parks: Jack Stevens, Bill Miller, and Earl Crow.
75-34-155-339 The City Council considered proposed regulations regarding radio -controlled,
(15e) model airplanes in Yellowhouse Canyon Park. After consideration of all information
presented, 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 approve the recommendations of the Park and Recreation
Board.
RADIO -CONTROLLED MODEL AIRPLANEREGULATIONS
YELLOWHOUSE CANYON PARK
All individuals flying radio controlled model airplanes at the designated
area must have a permit issued by the Parks and Recreation Department at
no cost, which is renewable on a year to year basis and contains the following
conditions:
1. All persons shall be required to have an F.C.C. license.
2. All persons shall be required to become a member of the Academy of
Model Aeronautics (A.M.A.) or to have liability coverage of
$300,000.00.
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,PR 10 1975
3. Absolutely no flying over persons in the spectator or pit areas.
4. The flying field shall be under the control of the Park and Re-
creation Department. Any violation of these rules can result in
the revoking of the flying permit.
5. Transmitters shall be kept on impoundment table. Use of Frequency
Flags and Control Pins is mandatory.
6. Stay off Runway at all times.
7. All Flyers stay to the west of the Runway.
75-34-156-340 The City Council considered the Buster Long conveyance of a tract of land
0 5f) in Section 28, Block E-2, for park purposes. After consideration of all information
presented, 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 that the deed be recorded so that the City would own the
land and thus the City staff could work with Mr. Long in determining from where
the., f i e f d- d i. rt . wou l d be removed.
75-34-156-341 Motion was made by Councilman Campbell seconded by Councilman West, motion
(16) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea,
none voting Nay to pass Ordinance 7050 on second and final reading.
ORDINANCE NO. 7050
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. 1994;
CHANGE LOTS 4,5,6,7,8,9 and 10, BLOCK 38, ROBERTS AND McWHORTER ADDITION, CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 AND C-3 TO C-4 ZONING DISTRICT.
SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
75-34-156-342 Motion was made by Councilman Campbell, seconded by Councilman West, motion
(17) darried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea,
none voting Nay to pass Ordinance No. 7051 on second and final reading.
ORDINANCE NO. 7051
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. 1995:
CHANGE LOTS 18 AND 19, BLOCK 28, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
75-34-156-343 Motion was made by Councilman Campbell, seconded by Councilman West, motion
(20) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea,
none voting Nay to pass Ordinance 7054 on second and final reading.
ORDINANCE NO. 7054
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT:
ZONE CASE NO. 2000; CHANGE A TRACT OF LAND OF SECTION 23, BLOCK E AND SECTION
2, BLOCK S, CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS, FROM "M-2" TO "M-2" SPECIFIC
USE PERMIT, TO -WIT: JUNK YARDS, SALVAGE YARDS OR AUTOMOBILE WRECKING YARDS;
PROVIDING FOR A CONDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
75-34-156-344 Motion was made by Councilman Campbell, seconded by Councilman West, motion
(21) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea,
none voting Nay to pass Ordinance No. 7055 on second and final reading.
ORDINANCE NO. 7055
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON SLIDE ROAD FROM
50TH STREET TO 62ND STREET AS HEREINAFTER DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES
TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS
OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING
A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE.
75-34-156-345 Motion was made by Councilman Campbell, seconded by Councilman West, motion
(22) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea,
none voting Nay to pass Ordinance No. 7056 on second and final reading.
ORDINANCE NO. 7056
AN ORDINANCE ABANDONING AND CLOSING AN ELECTRICAL POWER LINE EASEMENT
LOCATED OUT OF SECTION 28, BLOCK E-2 LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY
DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK
THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND
PROVIDING FOR PUBLICATION.
75-34-156-346 Motion was made by Councilman Campbell, seconded by Councilman West, motion
(23) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea,
none voting Nay to pass Ordinance No. 7057 on second and final reading.
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APR 10 197
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ORDINANCE NO. 7057
AN ORDINANCE ABANDONING AND CLOSING AN ELECTRIC TRANSFORMER PAD EASEMENT
LOCATED IN THE NORTHWEST CORNER OF LOT 102, BUSTER LONG ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED
HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING
FOR PUBLICATION. i.
75-34-157-347 Motion was made by Councilman Campbell seconded by Councilman West, motion
(24) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting
Yea, none voting Nay that the following resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and
directed to execute for and on behalf of the CITY OF LUBBOCK a Quit Claim
Deed in favor of BUSLON, INC., a corporation, attached herewith which shall
be spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part,of this Resolution as if fully !
copied herein in detail.
Passed by the City Council this loth day of April, 1975.
/s/ ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
QUIT CLAIM DEED
THE STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK X
THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of
Lubbock, State of Texas, for and in consideration of the sum of ONE AND
NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in
hand paid by BUSLON, INC., a Corporation, hereinafter called "GRANTEE",
the receipt of which is hereby acknowledged, does hereby by these presents
ABANDON, DISCLAIM RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE all
its right title and interest in and to those certain tracts or parcels of
land lying and being situated in the County of Lubbock, State of Texas, des-
cribed as follows, to -wit:
Power Line Easement
BEGINNING at a point 488.42 feet South and 60.00 feet West of the North-
east corner of Section 28, Block- E-2, Lubbock County, Texas;
THENCE South a distance of 20.00 feet to a point;
THENCE West a distance of 1448.6 feet to a point;
THENCE North a distance of 20.00 feet to a point;
THENCE South a distance of 20.00 feet to a point;
THENCE West a distance of 1448.6 feet to a point;
THENCE North a distance of 20.00 feet to a point;
THENCE East a distance of 1448.6 feet to the PLACE OF BEGINNING.
Above easement being the same as granted by Buster Long and wife,
Allie Long, to the City of Lubbock, Texas, and recorded in Volume 704,
Page 158, Deed Records, Lubbock County, Texas, dated August 12, 1958.
Transformer Pad Easement
4.00 foot by 6.00 foot transformer pad easement, shown on plat recorded
in Volume 1345, Page 17, Deed Records Lubbock County, Texas, being more
particularly described as follows:
BEGINNING at the Northwest corner of Lot 102, Buster Long Addition to
the City of Lubbock, Lubbock County, Texas;
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APR 10 1975
THENCE Ease a distance of 6.00 feet;
THENCE South a distance of 4.00 feet;
THENCE West a distance of 6.00 feet;
THENCE North a distance of 4.00 feet to the PLACE OF BEGINNING.
Only the power line easement and transformer pad easement above described
are affected hereby, and all other interests of the City of Lubbock are hereby
retained.
TO HAVE AND TO HOLD the same premises together with all and singular the
rights, privileges and appurtenances thereto in any manner belonging unto the
said GRANTEE, its successors and assigns forever, so that neither the GRANTOR,
CITY OF LUBBOCK, its successors, or assigns, nor any persons claiming under
it shall at any time hereinafter, have, claim or demand any right to the title
to the aforesaid premises or appurtenances or any part thereof.
WITNESS MY HAND AT LUBBOCK, TEXAS this IOth day of April, 1975.
ATTEST:
/s/ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
75-34-158-348 The City Council considered a resolution authorizing the Mayor to execute a
(28) contract with Texas Tech University for an archeological survey in the Canyon
Lakes Project. Jim Bertram appeared in this regard. Motion was made by Council-~
woman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen
West, Jordan and Henry voting Yea, Councilman Campbell voting Nay to pass
the following Resolution and instruct staff to evaluate findings and be ready
to have another group to do further study.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a CONTRACT FOR
ARCHAEOLOGICAL SURVEY between the CITY OF LUBBOCK and TEXAS TECH UNIVERSITY,
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 IOth day of April, 1975.
ATTEST:
/s/ ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
CONTRACT FOR
ARCHAEOLOGICAL SURVEY
WHEREAS, the FEDERAL ADVISORY COUNCIL ON HISTORIC PRESERVATION has re-
quested the BUREAU OF OUTDOOR RECREATION OF U.S. DEPARTMENT OF INTERIOR on
or about February 19, 1975, to investigate to determine whether Sections 1
(3) or Section 3 (B) of U.S. Presidential Executive Order 11593 are applicable
under guidelines and procedure set forth in Volume 36 Code of Federal Regulations
Part 800, as regards the Canyon Lakes Project (Yellowhouse Canyon), partially
funded by BOR and HUD; and,
WHEREAS, such report and investigation was requested for such pruposes w
as aforesaid, and in order to expedite such matters, it calls for the carry-
ing out of an Archaeological Survey as soon as possible since same has been
delayed and no notice was heretofore given the CITY OF LUBBOCK of the need
therefor in the Canyon Lakes Project from its inception by approval of the
Canyon Lakes Project bond election approval by the voters of LUBBOCK, TEXAS,
Proposition 4 for $2,800,000.00 in general obligation bonds held on August
8, 1970, and construction contract for the Canyon Lakes Dams undertaken for
the CITY OF LUBBOCK by Commercial Concrete Construction Company, Inc., in
September 9, 1974, in the amount of $1,252,176.90, as a part of recovery and
resulting from a natural disaster, to -wit the Lubbock Tornado of May 11, 1970,
until in or about the month of January, 1975, when a series of meetins began
between representatives of CITY OF LUBBOCK and TEXAS TECH UNIVERSITY representatives
to discuss whether the CITY OF LUBBOCK should and/or would sponsor such a
survey, and after various such meetins TEXAS TECH representatives requested
Federal Department of Interior Officials to, in turn, request the investigation
hereinabove set forth in accordance with Federal Regulations applicable in
the premises; and,
WHEREAS, after such delay, the CITY OF LUBBOCK desires to proceed in
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such matters and engage the services of TECH TECH UNIVERSITY as a CONTRACTOR
to complete such survey and/or recovery and preservation of Archaeological
Data, as requested by the FEDERAL DEPARTMENT OF INTERIOR; NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
This Agreement entered into as of the 28th day of April, 1975, by
and between the CITY OF LUBBOCK, TEXAS, a Texas Homerule Municipality,
acting through its Executive Vice -President herein called "CONTRACTOR", to -
wit. I.
TERM
The term of this Agreement shall be a ninety (90) day term, being from
the date hereof nextabove written until ninety (90) days from and after said
date. II.
PURPOSE
The purpose of this contract is to accomplish a preliminary survey and/or
investigation for possible archaeological, historical, and/or pre -historical
date and potential preservation thereof, being requested by Federal Officials
as set forth in the preamble hereof.
III.
SCOPE OF SERVICES
CONTRACTOR is to perform said survey in the Yellowhouse Canyon in what
is sometimes known as the Canyon Lakes Project. The length of time is ninety
(90) days to complete the Project. Before any exploration or survey begins
in a given area, CONTRACTOR shall give CITY one week's notice of the exact
location and extent thereof.
CONTRACTOR is to perform the following services, principally through
the Museum of TEXAS TECH UNIVERSITY or such other Department as CONTRACTOR
shall designate:
Survey work as hereinabove indicated and writing of a report will be
substantially as follows:
The three stages or steps of the survey are presented below with an
estimated time schedule and personnel required. The steps are essentially
concurrent since the trenching and drilling aspects of the operation can
proceed at the same time as the surficial survey. The Project Supervisor is
responsible for the survey work and writing of the report.
Step I: In itial reconnaissance and assessment
A. Surface reconnaissance for archaeological and historical sites,
including the assessment of sites already discovered by con-
struction operations.
B. Surficial geological and geomorphological assessment of areas
most likely to contain buried sites.
C. Time estimated at two weeks with two field surveyors.
Step II: Preliminary testing and stratigraphic reconnaissance
A. Drilling and treching of selected areas.
B. Correlation, preliminary mapping, evaluation of data.
C. Time estimated at one week with backhoe operator and two field
archaeologists.
Step Ill -Augmented testing and sampling of areas most likely to reveal
buried sites.
A. Based on results of Step II.
B. Time estimated at seven weeks with a backhoe operator and two
field archaeologists.
A lab assistant is necessary to process and catalog the sites and
materials recovered during the survey. The Project Supervisor will spend
the third month of the survey compiling surface the subsurface data, writing
the report and making recommendations for further archaeological work in the
project area. Depending on the results of the survey, the recommendations
and the decisions of the Texas Historical Commission, the second phase of
archaeological research would be the excavation of selected sites. A
separate proposal and budget will be submitted if this phase becomes necessary,
and is not included within the scope of this contract as presently executed.
The CONTRACTOR will prepare a report entitled "Preliminary Reconnaissance
and Assessment of Cultural Resources in the Canyon Lakes Project" --which will
include, but not limited to, narratives, maps and tables as outlined below:
(1) Narrative description of the criteria upon which the need for said
survey is based and narrative and graphic summary of the areas
studied and/or surveyed.
(2) Narrative description of survey technique and procedures used.
(3) Narrative and graphic description of the survey results to include
stated recommendations.
The ownership of all final and finished drawings, tracings, negatives and
reproducible or and narratives prepared by the CONTRACTOR shall become
the property of the CITY
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7t 1975
IV.
BUDGET
The Budget for the Project shall, subject to minor adjustments as
agreed to in writing by the parties shall be substantially as follows:
Personnel:
1 Project Supervisor @$1,000/mo. for 3 mos.
$3000.00
1 Equipment Operator @$4.50/hr. for 2 mos.
1440.00
2 Field Archaeologists @$3.50/hr. for 2 mos.
2240.00
2 Field Surveyors @$3.00/hr. for 2 wks.
480.00
1 Lab Assistant half time @$3.00/hr. for 2 mos.
480.00
1 Draftsman/Photographer quarter time @$3.00/hr.
for 1 month
120.00
1 Secretary quarter time @$3.00/hr. for 1 mo.
120.00
7 0.00
10% Fringe Benefits
780.00
10% University Overhead
780.00
Subtotal
9 5 .00 $9456.00
Equipment Rental and Expendables:
1 Combination 18-20 ft. backhoe/front end loader
@$1000/mo, for 2 mos. $2000.00
Fuel, lubrication, hydraulic fluid for backhoe 350.00
1 Vehicle (rental pickup) @$215/mo. for 2 mos. 430.00
Mileage and gas for pickup @8 cents/mi. and 50
cents/gal. for 1000 miles 125.00
Lab Supplies (forms, bags, tags, film, vials, etc) 250.00
Report preparation and supplies (film chemicals,
paper, offset publication, etc.) 2'60.00
Subtotal 3 15.00 $3415.00
Total . $12871.00
V.
INDEPENDENT CONTRACTOR
Personnel used by the CONTRACTOR shall at all times be considered as
employees, agents, servants, and/or representatives of CONTRACTOR and
CONTRACTOR alone, and CONTRACTOR is hereby declared to be an INDEPENDENT
CONTRACTOR in all respects, and CONTRACTOR shall assume liability and res-
ponsibility for the actions of all its principals, agents, and personnel who
are engaged for any of the service performed under this agreement as authorized
and permitted by the Texas Tort Claims Act. CONTRACTOR shall select its
personnel with reasonable care as regards background, education, and ex-
perience. as so to assure quality performance of this Contract in compliance
with Federal and State of Texas Regulations applicable hereto.
VI. .
REIMBURSEMENT
CONTRACTOR is to be reimbursed in accordance with the above budget upon
presentation to CITY Office of Senior Planner and/or Director of Planning
by CONTRACTOR of a bill for expenses for reimbursement to the office of
undersigned Executive Vice -President of CONTRACTOR on a monthly basis, the
total amount of -which shall be within the limits of the above budget, to -wit:
$12,871.00. CITY will be reimbursed by Texas Parks and Wildlife Department
and/or U.S. Department of Interior for 1/2 (50%) such expenses.
The CITY shall withhold final payment of 10% of the amount due to the
CONTRACTOR under this Agreement until the CITY gives its final approval of
completion of the scope of services.
VII.
REQUEST FOR CITY WORK STOPPAGE
Any request by CONTRACTOR or its representative to the CITY OF LUBBOCK
for a work stoppage on the CITY'S Canyon Lakes Project shall be to the City
Superintendent of Parks or Director of Parks and Recreation of the CITY.
Any artifacts or objects of antiquity which might be discovered may be re-
moved by CONTRACTOR and the CITY Senior Planner or Director of Planning will
be notified of such discovery, and the disposition made thereof as soon as
possible, in any event not to exceed seven (7) days after such discovery;
PROVIDED HOWEVER, it shall never be construed that the CITY OF LUBBOCK is
in any wise relinquishing any right, title, or interest in any artifact
or object of antiquity by virtue of allowing CONTRACTOR to remove same.
Vill.
SAFETY
CONTRACTOR shall comply with all State and Federal Regulations as re-
gards all antiquities and/or Archaeological Survey and Preservation activities,
and in connection therewith, the safety of excavation, ditching and all other
hazardous activity accomplished hereunder, and shall expedite the project
as rapidly as possible so as not to create and/or cause delays in construction
compensable to the CITY OF LUBBOCK by the U.S. Secretary of Interior as set
forth in Title 16 United States Code, Sections 469A-1 (B) and 469A-2. Time
is hereby declared to be of the essence of this Contract in order to expedite
its orderly completion within the ninety (90) day term hereinabove set forth.
The CONTRACTOR shall comply with Title VI of the Civil Rights Act of
1964 (Attachment A and made a part hereof) and Executive Order 11246.
IX.
CANCELLATION
This Contract may be cancelled by either party hereto upon seven (7)
days notice to the other party by registered U.S. Mail. In case of such
cancellation, CITY shall be liable for expenses hereunder only to date of
cancellation. X.
DAILY LOG
The CONTRACTOR shall keep a daily log of all activities, the original of
which will become the property of the CITY.
EXECUTED AS OF DATE OF FIRST ABOVE WRITTEN, witness our hands and seals
respectively set at Lubbock, Texas.
ATTEST:
CITY OF LUBBOCK
BY: /s/ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
ATTEST:
Secretary, Board of Regents
TEXAS TECH UNIVERSITY
BY: /s/ GLENN E. BARNETT
EXECUTIVE VICE-PRESIDENT
75-34-161-349 Motion was made by Councilman West, seconded by Councilman Campbell, motion
(29) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea,
none voting Nay that Ordinance No. 7061 be passed.
ORDINANCE NO. 7061
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary
to appropriate certain specific funds out of bon 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: Traffic Signal Bond Fund
The sum $1,960.00
For the following purpose: Purchase of traffic controller cabinet for 6th
Street and Avenue K.
WHEREAS, an emergency exists as shown in the preamble to this ordinance,
the enactment of this ordinance is declared to be an emergency measure there-
by creating a public necessity that the rule requiring proposed ordinances
to be presented at two (2) separate council meetins be dispensed with; and
this ordinance shall be effective from the date of its passage.
75-34-161-350 The City Council considered a request to open a median on Avenue K-L at 7th
(30) Street. After consideration of all information presented motion was made
by Councilman West, seconded by Councilman Campbell, motion carried, Mayor
Bass, Councilmen West, Henry and Campbell voting Yea, Councilwoman Jordan
voting Nay to deny this request.
75-34-161-351 Motion was made by Councilman West, seconded by Councilman Campbell, motion
(31) carried, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting
Nay that the following resolution be passed. Mayor Bass abstained from voting
on this motion.
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 street improve-
ment ordinances and resolutions and entered into contract with Commercial
Concrete Construction Company (GWO 10,836-A) for the making and construction
of alley improvements on portions of numerous alleys in said City including
among others the following:
East-West Alley between 22nd & 23rd Streets from East property line of Indiana
Avenue to West lipe line of Hartford Avenue, Known and designated as Sub -
Unit Number 2 of Unit Number A-459.
East-West Alley between 56th & 57th Streets from West property line of Univer-
sity Avenue Access Road to East property line of Boston Avenue, known and
designated as Sub -Unit Number 3 of Unit Number A-459•
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 GWO 10,836-A.
16
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
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 accordance with law
and in the manner provided in said contract, and thr proceedings with reference
to said improvements and assessments where such assessments were levied.
III.
This resolution shall take effect and be in force from and after its
passage.
PASSED AND APPROVED THIS IOTH DAY OF APRIL, 1975.
ATTEST:
/s/ Treva Phillips, City Secretary -Treasurer /s/ ROY BASS, MAYOR
APPROVED: APPROVED AS TO FORM:
/s/ Wilford
D. Watson, City
Engineer
/s/
Fred 0. Senter
Jr.,
City Attorney
CONSOLIDATED
FINAL
ESTIMATE
GWO 10,836-A
Accepted
April 10,
1975
QUANTITIES
S.Y.
L.F.
Unit &
L.F.
Alley
Re-sur-
Sub-Unit
Location
CSG
Paving
facing
A-459-2
E-W Alley between
22nd and
33.84
686.83
24.19
23rd from EPL of
Indiana
Avenue to WLL of
Hartford
Avenue.
A-459-3
E-W Alley between
56th and
884.93
57th from WPL of
University
Avenue Access Road
to EPL
of Boston Avenue.
TOTALS
33.84
1,571.76
24.19
COST ESTIMATE
33-84 L.F. Curb & Gutter @ $3.00 101.52
1571.76 S.Y. Alley Paving @ $9.79 $15,387.53
24.19 L.F. Resurface @ $2.50 $ 60.48
CONTRACT COST 15,5 9.53
COST DISTRIBUTION
Unit &
Contract
Property
City
Sub -Unit
Cost
Owner Cost
Cost
9-2
$6�07
$3,530. 5
$3,355.42
A-459-3
$8,663.46
$4,637.84
$4,025.62
TOTAL $15,549.53 $8,168.49 $7,381.04
75-34-162-352 Motion was made by Councilman West, seconded by Councilman Campbell, motion
(32) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea,
none voting Nay to pass Ordinance No. 7062 on first reading.
ORDINANCE NO. 7062
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 appropraited out of the following described bond fund,
to -wit: WATER CAPITAL PROJECT
The sum $64,130.00
For the following purpose: Construct well collector lines in Sandhills Well
Field Materials 31,000
City's cost of installation 29,500
Engineering & contingencies 3,630
$64 ,130
75-34-162-353 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan,
(33) motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell
voting Yea, none voting Nay to pass Ordinance No. 7063 on first reading.
Councilman West abstained from voting on' this motion.
1,
APR 10 197
ORDINANCE NO. 7063
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 $2,040.00
For the following purpose: To relocate Southwestern Public Service Company's
facilities to clear the right-of-way of proposed FM 2641.
Total costs$2,040.00
75-34-163-354 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan,
(34) notion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell
voting Yea, none voting Nay to pass Ordinance No. 7064 on first reading.
Councilman West abstained from voting on this motion.
ORDINANCE NO. 7064
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 $48,000.00
For the following purpose: Acquisition of Parcel No. 9 of proposed FM 2641,
containing two tracts of land out of Section 1, Block E-3 and containing
a total of 18.719 acres.
Land only (award of commissioners) . . . . $37,500.00
Incidentals (Title Policy, Commissioners
Fee, Certified Copy of Judgment) . . . . 500.00
Total 3 ,000.00
75-34-163-355 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell,
{35} motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell
voting Yea, none voting Nay that the following resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and
directed to execute an agreement between the CITY OF LUBBOCK and the TEXAS
DEPARTMENT OF COMMUNITY AFFAIRS providing for performance of human resource
services, attached herewith which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and
be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this loth day of April, 1975.
l"" ATTEST: /s/ ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
CONTRACT FOR
HUMAN SERVICES DELIVERY SYSTEM
STATE OF TEXAS
COUNTY OF TRAVIS
This contract and agreement is made and entered into by and between the
Texas Deaprtment of Community Affairs, an agency of the State of Texas, hereinafte
qPR 10 1975
referred to as 'Department' and CITY OF LUBBOCK, TEXAS, hereinafter referred
to as 'Contractor.' The parties hereto have severally and collectively agreed
and by the execution hereof are bound to the mutual obligations and to the
performance and accomplishment of the tasks hereinafter described:
SECTION I. PERFORMANCE OF CONTRACTOR
Contractor shall, in a complete and satisfactory manner, design, develop
and implement a.coprehensive organizational structure capable of the direct
delivery and operation of a broad range of human resource services to clients
within the geographic area specified in SECTION II of this contract and in
accordance with the attached 'Work Program,' hereby made a part of this contract.
Such comprehensive organizational structure specified above shall be known
as a Human Services Delivery System, hereinafter referred to as 'System.'
As a further performance specified of Contractor, Contractor shall take appropriate
action to procure such resources as may be or become available for human resource
services and programs and shall insure that all such resources so procured
shall be used for such services and programs utilizing the organizational structure
of System. A minimum of fifteen percent (15%) of the 'total sum' as specified
in Section XIII of this contract shall be expended for direct service delivery
to clients.
It is expressly understood and agreed by the parties hereto that many
of the details and specifics of the performance to be rendered by Contractor
have been left to future determination by Contractor subject to the approval
of Department in order that flexibility may be maintained and in order that
local constraints and circumstances, unknown or unidentified at present, may
be properly addressed in rendering the performance contemplated by this contract.
It is further expressly understood and agreed by the parties hereto that the
Department shall insure that all performances rendered hereunder are consistent
with the implementation of a statewide human resource service delivery system
of which System shall become integral part.
SECTION ]I. GEOGRAPHIC COVERAGE
The Contractor shall implement System in a manner which assures the organiza-
tional capability of System to operate and deliver human resource services
and programs throughout the entire geographic area identified below: Lubbock
County only in The South Plains Planning Region (#2).
SECTION 111. REPORTING
The Contractor shall submit such records, information and reports in
such form and at such times as may be required by Department. The reports
required of Contractor shall include, but not be limited to, the quarterly
reports specified by this Section. The quarterly reports shall cover the periods
of time and shall be delivered to Department as indicated below:
`Months of March, April and May of 1975 due June 15, 1975.
*Months of June, July and August, 1975 due September 15, 1975.
*A final financial report shall be delivered to the department no later
than November 1, 1975.
The quarterly report shall include a detailed description of the expenditure
of funds paid to Contractor under the terms hereof by both object and function
on forms to be specified by Department and shall include such documentation
as Department may require. The quarterly report shall fully and completely
disclose all performances rendered by Contractor under the terms hereof for
the period of time covered by such quarterly report. The Contractor shall
submit a final narrative report of all programmatic activities, participants,
financial data and plans for future use of the System that is due no later
than 60 days after the end of the contract period.
SECTIG-N IV. AUDIT
The Contractor shall furnish Department with an audit report of an audit
conducted by an independent certified public accountant or a licensed public
accountant covering funds awarded under this contract for the contract period.
An audit performed as a part of Contractor's regular program audit will be
accepted by Department provided audit reports are furnished Department which
cover the above specified period of time.
SECTION V. DEPARTMENT MONITORING
The Contractor shall permit Department to inspect and shall make available
to Department for inspection any or all pertinent records, files, information
or other written material maintained by Contractor or any person or other
entity with whom any portion of the performance hereunder has been sub-
contracted. The Contractor shall permit Department free access to all premises
under its control or under the control of any person or other entity with
whom any portion of the performance hereunder has been subcontracted.
SECTION VI. REQUIRED ORIENTATION
The Contractor shall direct the attendance of at least one employee at
each orientation session to be conducted by Department on Department's
premises in Austin, Texas, within the term of this contract.
SECTION VII. CONTRACTOR ADVISORY COMMITTEE
Contractor shall cause to be established an Advisory Committee consist-
ing of representatives appointed by Contractor and each subcontractor for
performances under the terms hereof. Such Advisory Committee shall be for
the purpose of advising Contractor in the performance of this contract.
SECTION VII1. LOCAL GOVERNMENT APPROVAL
Contractor shall obtain the approval of the governing bodies of local
general purpose governments within the geographic area specified in Section
II with respect to the operation of human resource programs by System and/or
component entities of System to the maximum extent possible. Contractor shall
y
165
APR 10 1975
achieve the greatest degree particable of coordination with and participation
of such local general purpose governments in the performance of the terms
hereof and in the operations of System and/or component entities thereof.
In no event shall Contractor or any subcontractors for performance hereunder
or System or any component entity thereof operate a program, deliver a service
or otherwise engage in activities within the territorial jurisdiction of
any local general purpose government whose governing body has formally re-
quested that such Contractor, subcontractor, System or component entity
cease to operate within the territorial jurisdiction of such local general
purpose government; provided that a local general purpose government may not
effectuate the removal of services within the territorial jurisdiction of
another local general purpose government whose territorial jurisdiction lies
partially or wholly within the territorial jurisdiction of the larger local
general purpose governement.
SECTION IX. SUBCONTRACTING
Contractor shall subcontract for the performances specified herein only
where such subcontracts and the subcontractors are expressly specified herein
or with the prior written approval o,f such subcontracts and subcontractors by
the Department. Contract, in subcontracting any of the performances here-
under, shall legally bind subcontractors to perform subject to all the duties,
requirements, and obligations specified of Contractor herein with respect to
such performance or any portion thereof.
SECTION X. COORDINATION WITH RPCs
Contractor shall establish an active and cooperative working relationship
with the Regional Planning Commission covering the geographic area specified
in Section'll, and shall insure that System provides for such a relationship
with the Regional Planning Commission.
SECTION XI. DEPARTMENTAL CONTROL
The Department shall provide guidance and assistance to Contractor in the
performance of this contract. The Department shall, from time to time,
direct Contractor in the performances rendered hereunder as may be reasonably
required to integrate such performances into an effective statewide system
for human resource service delivery. The Department may, from time to time,
require modifications, additions, and deletions in the performances to be
rendered under the terms hereof. Contractor shall perform in accordance
with any such directions, modifications, additions and/or deletions following
notification thereof to Contractor from Department.
In any instance where the terms of Work Program conflict with the
other terms of this Contract, such other terms shall control the performances
hereunder and the terms of Work Program are hereby declared void and of no
effect to the extent of such conflict.
SECTION XII. PERIOD OF PERFORMANCE
All performances to be rendered by Contractor hereunder shall commence
April 1, 1975, and shall terminate August 31, 1975, such period referred to
herein as contract period, unless expressly excepted from this contract by
some other provision herein. Contractor shall have System completely opera-
tional and functioning by June 1, 1975. It is expressly agreed by both parties
hereto that TIME IS OF THE ESSENCE.
SECTION XIII. METHOD OF PAYMENT
Subject to Contractor's continuing full and satisfactory performance
of the terms of this contract, Department shall pay to Contractor the total
sum of EIGHTEEN THOUSAND THREE HUNDRED FIFTY-FIVE DOLLARS
($18,355.00), such amount to be referred to hereafter as 'total sum', as
follows:
*One-half of total sum within a reasonable time following execution of
this contract by both parties hereto.
*The balance of total sum on or before July 15, 1975.
In no event shall the total of all payments, liabilities, obligations or
other consideration from and of Department to Contractor exceed the total
sum of EIGHTEEN THOUSAND THREE HUNDRED FIFTY-FIVE DOLLARS ($18,355.00).
SECTION XIV. EARLY TERMINATION
Either of the parties hereto shall have the right, in such party's sole
discretion and at such party's sole option, to terminate and bring to an
end all performances to be rendered under the terms hereof by notifying the
other party hereto in writing of such termination at least thirty days prior
to the effective date of such termination. Should neither party exercise
their right to terminate, this contract shall terminate in accordance with
the provision of Section XII.
Should either party hereto exercise their right to terminate this contract
prior to August 31, 1975, then the total liability of Department hereunder
shall be determined by multiphying the number of days from April 1, 1975 to
the effective date of termination (inclusive) by the total -sum of this contract
and dividing the result by 153. The difference between the total liability
of Department so calculated and the actual payments made by Department to
Contractor hereunder shall be refunded and paid to Department by Contractor
within 30 days of the effective date of such termination.
SECTION XV. MAINTENANCE OF EFFORT
The Contractor agrees that the funds and resources provided the Con-
tractor under the terms of this contract will be used solely for expendi-
tures in payment of the performance required of Contractor by this contract,
and that such funds and resources will -in no way be substituted for funds
and resources from other sources nor in any way serve to reduce the resources,
services, or other benefits which would have been available to, or provided
NPR 10 1975
through, the Contractor had this contractor not been executed.
SECTION XVI. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by both parties hereto that
Department is contracting with Contractor as an Independent Contractor and
that Contractor, as such, agrees to hold the Department harmless and to in-
demnify it from and against any and all claims, demands and causes of action
of every kind and character which may be asserted by any third party occurring
or in any way incident to, arising out of, or in connection with, the services
to be performed by Contractor under this contract.
SECTION XVII. COPYRIGHT
The Contractor will not assert any rights at common law or in equity or
establish any claim to statutory copyright in any -material or information
developed under this contract, but Department shall have the right to use,
reproduce, or publish any or all of such information and other materials
without the necessity of obtaining any permission from Contractor and
wthout expense or charge.
SECTION XVIII. AVAILABLE FUNDS
It is expressly understood and agreed by the parties hereto that all
performances on the part of Department are contingent upon and subject to
actual receipt by Department of sufficient and adequate funds and/or other
consideration from the sources contemplated by this contract outside the
Department to fully perform the obligations and duties of Department as
specified by this contract.
SECTION XIX. CHANGES
Any alteration, addition or deletion to the terms of this contract shall
be by amendment hereto in writing and executed by both parties hereto except
as may be expressly provided for in some other manner by the terms of this
contract.
SECTION XX. COMPLIANCE WITH LOCAL LAWS
Contractor shall comply with all applicable laws, ordinances, codes and
regulations of the state, local and federal governments.
SECTION XXI. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor will not discriminate against any employees employed in
the performance of this contract, or against any applicant seeking employ-
ment on the basis of race, sex, color, religion, national origin or creed.
Contractor will take affirmative action to insure that applicants are employed,
and that employees are treated during employment, without regard to their
race, sex, creed, color, or national origin. This requirement shall apply to,
but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
SECTION XXII. EQUAL OPPORTUNITY
Contractor agrees that no person shall, on the ground of race, sex,
creed, color, religion or national origin, be excluded from participation
in, be denied the proceeds of, be denied the benefits of, or be subject to
discrimination in the performance of this contract.
SECTION XXIII. CONFLICT OF INTEREST
No officer or employee of Department and no member of this Department's
Advisory Council, and no employee of Contractor, and no member of Contractor's
governing board or body, and no person who exercises any functions or
responsibilities in the review or apprvoal of the undertaking or carrying
out of this contract shall participate in any decision relating to this
contract which affect his personal pecuniary interest.
Contractor covenants that he presently has no interest and shall not
acquire any interst, direct or indirect, which would conflict in any manner
or degree with the performance of services required to be performed under this
contract. Contractor further covenants that in the performance of this
contract no person having any such interest shall be employed.
WITNESS OUR HANDS THIS First Day of April, 1975.
ATTEST: CITY OF LUBBOCK
Contractor
/s/ Treva Phillips, City Secretary-Treas. /s/ROY BASS, MAYOR
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
Approved and accepted on behalf of the Texas Department of Community
Affairs, an Agency of the State of Texas, First Day of April 1, 1975.
/s/ Ben F. McDonald, Jr.
Executive Director
Texas Department of Community
Affairs
This contract is not effective until signed by Executive Director of
Department.
Approval recommended:
Division Director
Deputy Director
Legal Counsel
Fiscal Director
75-34-166-356 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion
(36) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea,
none voting Nay that the following resolution be passed.
1'7
r
r
APR 10 1975
RESOLUTION
in
WHEREAS, the CITY OF LUBBOCK desires REGIONAL LAWcontinue as aENFORCEMENTtNET- ,
the SOUTH PLAINS ASSOCIATION OF GOVERN
WORK PROGRAM; and '
WHEREAS, the CITY OF LUBBOCK deems the Teletype essential to the continued
operation of the Sheriff's Office/Police Department on a high standard;
NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the CITY OF LUBBOCK is hereby authorized to enterinto
he REGIONAL
LAW ENFORCEMENTNETWORK
JUSTICE
TODRVISIONseeking
support of Sixty percent
by
the TEXAS CRIMINAL
ity of Lubbock this ]Oth day of April, 1975•
Passed by the City Council of the C
/s/ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
Motion was made by Councilwoman Jordan, seconded by Councilmen Campbell,
75-34-167-357 Councilmen West, Jordan, Henry and Campbell
(37) motion carried, Mayor Bass,
voting Yea, Wane voting Nay to pass Ordinance No. 7065 on first reading•
ORQ I NANCE NO •_ 7065
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:
The sum $39,000
For the following purpose: Cost incurred in connection with sale of $1,370,000
G.O. Bonds, and $6,400,000 Electric Light and Power System feesRever,upreparation
Financial Advisory Fee
Series 1975, i.e., , Bond Attorney cost and bond rating fees. Actual
and mailing of prospectus, CUSIP numbering
costs to be pro rated as follows:
Percent Amount
Waterworks System 28.4 $$ 3,Y90
Street Improvements 47.5% 6,508
Parks 24.1% -- 3,302
10 o% $13,700
Electric 100.0% $25,300
ion was made by Councilwoman Jordan, seconded by Councilmanry andlla mothoting ,Yeatian
75-34-167 358 Mot Councilmen West, Jorda ,
(39) carried, Mayor Bass, resolution be passed.
none voting Nay that the following
RESOLUTtONI.UT I ON
the REGIONAL
WHEREAS, the SOUTH PLAINS ASSOCIATIOpNOF GOapelratedSthe sCETA programs
TH
in the NCITY EOFYLUBBOCK for efor uthe Ppast Syear; and
n the
' WHEREAS, the SOUTH PLAINS ASSOCIATION OmsGOVNpWMETH�REF�R�videnced good
performance in the operation of. CETA programs;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: AiNS ASSOCIATION
THAT the CITY OF LUBBOCK CITY COUNCIL commends the SOUTH
O THCLA programs
OF GOVERNMENTS for an outstanding job in the delivery
to
the CITY OF LUBBOCK and endorses the continuation of these programs for
finding year 1975-76•
Passed by the City Council this loth day of April, 1975•
/s/ ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
168
1975
�5-34-168-359 The following bids were received for the purchase of envelopes
(40) Office, being Bid No. 3332.for the Tax
Bid Tabulation set in Bid Book.
After consideration of all bids received, 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 accept the bid of
Rockmont Envelope Company, Denver, Colorado, for the
2; accept the bid of Dixon Paper Company for the purchase of Items 1 and
purchase of Items 3 and 4.
75-34-168-360 The following bids were received for the purchase of miscellaneous to
(41) sleeves and valves for warehouse stock, being bid No. 3334.- pping
Bid Tabulation set in Bid Book.
After consideration of all bids received, 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 accept the bid of
Industrial International, Inc., for the purchase of Items 1, 2 and 6; accept
the bid of M.B. McKee Co., for the purchase of Items
. accept the bid of Bowles & Eden Corporation, Albuquerque, New Mexico
for the purchase of Items 7 and 8.
75-34-168-361
(42)
The following bids were received for the of miscellaneous
fittings for warehouse,
being Bid No. 3335urchase cast iron
Bid Tabulation set in Bid Book.
After consideration of all bids received, 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 accept the bid of
Western Industrial Supply Company, Amarillo, Texas for the
1,2,3,4,5,6,7,8,9,10
and 11. purchase of Items
75-34-168-362
(43)
The following bids were received for the
for the Police De purchase of two parking control
Department,
being Bid No. vehicles
p � g 3340.
Bid Tabulation set in Bid Book.
After consideration of all bids received, 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 accept the bid of
Bell Company, Incorporated for the purchase of Item 1.
75-34-168-363
(44)
The following bids were received for the Purchase of two paddy wagons
Police Department', being
Bid No. 3341. for the
Bid Tabulation set in Bid Book.
After consideration of all bids received, 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 accept the bid of
Modern Chevrolet Company for the purchase of Item 1.
'5-34-168-364
(45)
The following Bids were received for the of A.C. water
sizes for warehouse
stock beingBid No- 3353se
pipe, various
3353.
Bid Tabulation set in Bid Book.
After consideration of all bids received, 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 accept the bid of
Johns -Manville Corporation, Denison, Texas for the
Tie Bids were received from Johns -Manville Corporation, Clowef&ICowan,,Inc., and
Western Industrial Supply, Amarillo, for the
purchase
drawn and the bid of Johns -Manville Corporation was accepted. Tie bids were re-
ceived from Johns -Manville Corporation, Clowe & Cowan, Inc., and Western In-
dustrial Supply for the purchase of Item 5. Lots were drawn and the bid of
Western Industrial Supply, Amarillo -was accepted.
-34-168-365
(46)
Motion was made
carried, Mayor
by Councilman West, seconded by Councilwoman Jordan, motion
Bass, Councilmen
none voting Nay
West, Jordan,
to appoint Jim Mertes to fill
Henry and Campbell voting Yea,
the unexpired term
Ratliff, which
term expires February 26, 1976,
of James R.
to the Zoning Board of Adjustment.
5-34-168-366
(48)
Motion was made
carried, Mayor
by Councilman Campbell, seconded
Bass, Councilmen
by Councilman West, motion
none voting Nay
West, Jordan,
that the following resolution
Henry and Campbell voting Yea,
be passed.
11
168E
75-34-168-366
(48)
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
WHEREAS, heretofore, THE CITY OF LUBBOCK, TEXAS, herein called OWNER,
and PAGE & WIRTZ CONSTRUCTION, herein called COMPANY, entered into a
contract whereby Company agreed to construct for Owner certain improvements,
reference to such contract being hereby made for all purposes, and
WHEREAS, the general conditions as modified by the special conditions
of the contract permit progress payments only on material stored at the
construction site, and
WHEREAS, Company has requested that an exception be made in the case
of precast concrete, whereby the precast concrete will be stored at the
plant.
NOW, THEREFORE, for and in consideration of the mutual benefits to be
derived by the parties, it is hereby agreed as follows:
I.
Title to such precast concrete shall pass to and vest in Owner and
the estimates submitted by the Company beginning on or about April 1, 1975,
shall include the cost of the precast concrete.
II.
Company shall hold harmless and indemnify Owner from any loss or
damage which Owner might incur as a result of the title passing to Owner,
including, as a matter of illustration but not by limitation, damages it
might incur to persons or property while such material is stored, or while
such material is being transported to the construction site, or while such
material is being installed, it being the intent that Company assume all
risk of loss until such material is accepted by Owner after installation
and completion of the improvements.
This indemnity shall cover and include all expenses, court costs,
attorney's fees, as well as the payment of all claims, judgments and de-
mands that may be validly paid by Owner.
III.
This agreement shall not prevent Owner from rejecting the material or
the installation thereof if same is not constructed and installed in accord-
ance with the plans and specifications.
EXECUTED This the day of t}#O* G 1975.
Approved as to farr:Z:
CITY OF UBSDCK, TEXAS
By
C'!� elt;orn;yV PAGE & WIRTZ CONSTRUCTION CO
By ,
16!
APR 10 197
r
.- 0
F
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 AMEND-
MENT to the CONTRACT between the CITY OF LUBBOCK and PAGE C WIRTZ, covering
the MEMORIAL CIVIC CENTER to permit storage of material at Plant Sight,
attached herewith 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 of this Resolution as if fully copied herein in detail.
Passed by the City Council this loth day of April, 1975.
ATTEST: /s/ ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
COPY OF CONTRACT SET IN ON OPPOSITE PAGE 169a.
75-34-169-367 Motion was made by Councilman Campbell, seconded by Councilman West, motion
(49) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting
Yea, none voting Nay that the following resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized
and directed to execute for and on behalf of the CITY OF LUBBOCK a LETTER
AGREEMENT between GIFFORD-HILL and the CITY OF LUBBOCK, attached herewith which
shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes
of this COUNCIL shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this loth day of April, 1975-
ATTEST:
/s/ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, J r. , City Attorney
LETTER AGREEMENT
Attached to this letter agreement is a plat of a tract of land out of
Section 161 Block A, Lubbock County, Texas, prepared by Sprawls & Wilson Surveying
Co., Lubbock, Texas. Shown thereon is a tract of 47.385 acres owned by Gifford -
Hill & Company, Inc., Lubbock, Texas.
The south boundary line of said 47.385 acre tract as shown on the attach-
ed plat is also the north boundary line of land owned by the City of Lubbock
and utilized in the Canyon Lakes project for lakes and parks for the use of
the public. Neither the city in the use of this land for park purposes nor
Gifford -Hill in the use of its land for business purposes intends or wants
to encroach upon the land of the other. Should any such encroachment occur,
it will not be with the intention of claiming any right to use the other's
property, and any such encroachment will cease and desist at the request of
j the property owner.
Gifford -Hill agrees that it will not and does not claim any right to
use any of the city property lying south of the 47.385 acre tract shown on
the attached plat and, should any use occur, Gifford -Hill will never at any
time make any claim that it has any continuing right to use said property
or that any such use will ever ripen into ownership. Likewise, the City of
Lubbock agrees that it does not and will not claim any right to use any of
the Gifford -Hill property, and, should any such use occur, the City will not
claim a continuing right to use such property, nor will any such use ever
ripen into any ownership or prescriptive right.
EXECUTED this loth day of April, 1975.
CITY OF LUBBOCK, TEXAS
BY: /s/ ROY BASS, MAYOR
GIFFORD-HILL € COMPANY, INC.
ATTEST: BY: /s/ Newton C. Vance
/s/ Treva Phillips, City Secretary -Treasurer Vice -President
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
170
IP 1 n 1075
75-34-170-368
The City
Council
considered the passage
of
Ordinance No.
7052 and Ordinance
(18)
No. 7053
on second and final reading.
Jim
Bertram, Director
of Planning, appeared
&
with site
plans
that had been presented
to
him on both zone
cases (Zone Case
(19)
No. 1993
and Zone
Case No. 1996), stating
the site plans
reflected closure
of 66th Street.
He also gave comments
regarding
common
setback lines along
Slide Road.
Burl Masters appeared before the City Council representing Jack Gaulding and
The Banner Corporation (Item 18). He stated agreement had been reached with
Talmage DeWitt, owner of adjoining property, (Item 19, Ordinance No. 7053)
as to access easement and acquisition of both Tracts A and B to develop proposed
savings and loan facility.
Talmage DeWitt appeared before the City Council and showed revisions made in
the site plan as requested by the City Council, adjusting the curve and creating
an additional Tract E. Mr. De Witt requested Tract E be zoned "C-2A", Tract
B to be left "A-1", but with restriction to 3,000 per unit to give freedom
of combining units after construction.
After consideration of all information presented, motion was made by Council-
man Campbell, seconded by Councilman Henry, that ordinance No. 7052 and Ordinance
No. 7053 be passed on second and final reading with the following changes:
(1)
Have
common setback on Slide Road even with the easement;
(2)
To be
limited to Savings &
Loan and Professional buildings;
(3)
Tied
to site plan;
(4)
That
professional buildings
up to 80' in height be allowed;
(5)
With
the understanding that
a zone case will be initiated by the
City
Council on Tract E so
that no additional filing fee will be
required;
(6)
That
66th Street be closed;
(7)
That
Mr. DeWitt be allowed
one unit per 3,000 sq. ft. on the "A-l"
portion.
The vote on this motion was as follows: Mayor Bass, Councilwoman Jordan, Councilmen
Henry and Campbell voting Yea, Councilman West voting Nay.
After further discussion, 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 to reconsider Items 18 and 19.
After further discussion of "C-2A" zoning and signs, motion was made by Councilman
Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen
West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance
No. 7052 on second and final reading subject to the following conditions:
1. Tracts A & B: Development shall be limited to Savings and Loan
Office and Office Tower with maximum height of building limited to
751. Sign shall be as shown on Site Plan.
2. Tracts C and H: No service stations or car wash businesses shall
be permitted.
3. Development shall be in accordance with the Site Plan approved by the
City Council on the loth day of April, 1975, and attached hereto
and made a part hereof.
ORDINANCE NO. 7052
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. 1993:
CHANGE CERTAIN TRACTS OF LAND LOCATED IN BRIARWOOD PARK ADDITION FROM "R-1"
TO "A-111, "C-211, SUBJECT TO CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Campbell, seconded by Councilman Henry, motion
carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea,
none voting Nay to pass Ordinance No. 7053 on second and final reading subject
to the following conditions:
1. Development shall be in accordance with the Site Plan approved
by the City Council on April 10, 1975, which is made a part hereof.
2. Dover Avenue and Durham Avenue shall be opened onto 66th Street.
3. Tract A: No Service Stations or Car Wash businesses shall be
permitted.
4. Tract B: Density shall be no more than one unit per 3,000 sq. ft.
of lot area.
5. Tract C: Density shall be no more than one unit per 7,900 sq. ft. of
lot area.
1'7
APR 10 1975
r
75-34-171-369
(25)
(26)
r--r
F
r
6. Albany Avenue shall be dedicated through to 66th Street.
7. Tract A: Driveway openings onto Slide Road shall be a minimum of
128' south of the existing center line of 66th Street.
8. Tract A: Buildings shall be set back 55' from Slide Road.
ORDINANCE NO. 7053
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.
1996: LOTS 1 THRU 7 FROM "R-1" TO 11R-211. LOTS 331 AND 332 FROM "R-l" TO
"R-211, LOTS 336 THRU 339 FROM "R-l" TO "R-2", LOTS 343 THRU 346 FROM "R-
1" TO "R-2". LOTS 350 AND 351 FROM "-R-1" TO "R-2", TRACT "A" FROM "11-1"
TO "C-2A", TRACT "B" FROM 11R-1" TO "A-1", TRACT "C" FROM "R-1" TO "A-1",
TRACT "E" FROM "R-1" TO "A-1" OF THE PRELIMINARY PLAT OF MESA PARK ADDITION
TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,.TEXAS: SUBJECT TO CONDITIONS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Councilwoman Carolyn Jordan was absent from the Council Chamber at the time
of the Paving Hearing on alleys.
In accordance with the Notice of Paving, Hearing of record in City Council
Minutes of February 13, 1975, Minute Book 34, Page 63, said hearing was held
on General Work Order No. 3120. A number of persons. appeared for the paving
hearing. Mayor Bass announced that the hearing was closed. After consideration
of all information presented, 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 approve Sub -Units 1,4,5,6,7,8 and
9 of Unit Number A-460. Motion was made by Councilman Campbell, seconded
by Councilman West, motion carried, Mayor Bass, Councilmen West, Henry and
Campbell voting Yea, none voting Nay to delete Sub -Units 2 and 3 of Unit
Number A-460. Motion was made by Councilman West, seconded by Councilman
Henry, motion carried, Mayor Bass, Councilmen West, Henry an.d Campbell voting
Yea, none voting Nay to approve Sub -Unit 10 of Unit No. A-460.
Councilwoman Jordan was present for the paving hearing on streets.
Motion was. made by Councilman Henry, seconded by Councilman Campbell, motion
carried, Mayor Bass, Councilmen West, Jordan, He.nry and Campbell voting Yea,
none voting Nay that on Sub -Unit No.'31 of Unit N.o. 2229 that two blocks
on the west be paved, pave the full length on the south side and instruct
the Street Department to maintain the street in a weatherproof state (from
Mesa Road to Owen).
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 to accept Sub -Unit 30 of Unit No. 2229.
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 delete Sub -Unit 33 of Unit No. 2229.
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 accept Sub -Unit 6 of Unit No. 2230.
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 delet Sub -Unit 7 of Unit No. 2230, and to pass Ordinance
No. 7066 on first reading.
G.W.O. 3120
ORDINANCE NO. 7066
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE
COST OF IMPROVING A PORTION OF THE FOLLOWING EAST -WEST AND NORTH -SOUTH ALLEYS
LOCATED IN THE.FOLLOWING BLOCKS AN.D ADDITIONS: THE EAST -WEST ALLEY ABUTTING
LOTS 1 THRU 24, BLOCK 2, UNIVERSITY PLACE ADDITION; THE NORTH -SOUTH ALLEY
ABUTTING LOTS 1 THRU 10, BLOCK 175, ORIGINAL TOWN ADDITION AND LOTS 1 AND
12, BLOCK 1, G.A. RUSH ADDITION; THE NORTH -SOUTH ALLEY'ABUTTING" LOTS 629
THRU 638, 640 THRU 645, MELONIE PARK ADDITION; THE EAST -WEST ALLEY ABUTTING
LOTS i THRU 6, BLOCK 4, CENTRAL HEIGHTS ADDITION AND LOTS 1 THRU 7, BLOCK
2, SUNSET PLACE ADDITION, AND A TRACT OF LAND OWNED BY O.L. PETERMAN AND
A TRACT OF LAND OWNED BY GEORGE LEWIS BALDWIN; THE NORTH -SOUTH ALLEY ABUTTING
LOTS 193 THRU 215, MELONIE PARK SOUTH ADDITION; THE EAST -WEST ALLEY ABUTTING
LOTS 1 THRU 14, BLOCK 2, J.A. HODGES ADDITION; THE EAST -WEST ALLEY ABUTTING
LOTS 1 THRU 18, BLOCK 2, LAMAR HEIGHTS ADDITION; THE EAST -WEST ALLEY ABUTTING
LOTS 1 THRU 8, BLOCK 22, RUSHLAND PARK ADDITION; THE EAST -WEST ALLEY ABUTTING
LOTS 623 THRU 628, MELONIE PARK ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS
1 THRU 24, BLOCK 7, UNIVERSITY PLACE ADDITION AND INCLUDING A PORTION OF
THE FOLLOWING STREETS: EAST MAIN STREET, BOTH STREET, OWEN STREET, NORTH
AVENUE E, 45TH STREET, ELKHART AVENUE, UTICA AVENUE, SUCH PORTIONS BEING
MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK
1'72
APR 10 1975
ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS,
HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG
THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS
AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF, ALLOCATING
FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL.)
WHEREAS, the City Engineer prepared rolls or statements for the improve-
ments in. each unit, showing the amounts to be assessed against the various
parcels of abutting property, and the owners thereof, and showing other matters
and things; and the same were examined by the City Council and approved, and
a time and place was fixed for hearing to the owners of such abutting property,
and to all others in anywise interested, and due and proper notice was given
in compliance with law including notices mailed to each known property owner
to be assessed addressed to his last known address as shown on the current
City of Lubbock tax rolls, and such hearing was had and held at the time and
place fixed therefore, to -wit: on the 10th day of April, 1975, at 2:00 o'clock
P.M. in the Council Room in the City of Lubbock, Texas, and at such hearing
all desiring to be heard were fully and fairly heard, and evidence was received
and considered and all protests and objections made were considered, and said
hearing was in all respects held in the manner provided and required by the
charter and law in force in this City and by the proceedings of the City with
reference to such matters, and the following protests were made concerning
the improvements in the units indicated namely: '
Sub -Unit 2 Of Unit A-460
Claudine Vail appeared opposing the proposed paving improvements.
Sub -Unit 3 of Unit A-460
Lawrence Williams appeared opposing the proposed paving improvements.
Oswald Bolin appeared opposing the proposed paving improvements.
Mrs. Jim Laughlin appeared opposing the proposed paving improvements.
Mrs. Tom Clemmons appeared opposing the proposed paving improvements.
Mrs. William Stranger appeared opposing the proposed pay.ing improvements.
Mr. & Mrs. Joe Pate appeared opposing the proposed paving improvements.
Mrs. William McCauley appeared opposing the proposed paving improvements.
Dr. & Mrs. H.L. Shepherd appeared opposing the proposed paving improvements.
Mrs. William G. Brown appeared opposing the proposed paving improvements.
Sub -Unit 6 of Unit A--460
F.M. Chancey appeared opposing the proposed paving improvements.
Sub -Unit 10 of Unit A-460
Dr. Harold W. Milnes appeared opposing the proposed paving improvements.
Claudine Vail appeared on behalf of C.B. Cook opposing the proposed
paving improvements.
Sub -Unit I of Unit 2235
C.B. Keyes indicated in person that he opposed the proposed paving im-
provements.
Sub -Unit 30 of Unit 2229
Bud Meyers appeared opposing the proposed paving improvements.
Bernice Drake indicated in person that she oppos.ed the proposed paving
improvements.
Sub -Unit 31 of Unit 2229
Jack Nelson appeared opposing the propo.sed paving improvements.
A representative of H&T Corporation appeared opposing the proposed
paving improvements.
Dan Brooks appeared opposing the proposed paving improvements.
Mrs. G.H Hunter appeared opposing the proposed paving improvements.
Mrs. J.R. West appeared opposing the proposed paving improvements.
Sub -Unit 33'of Unit 2229
E.K. Cothran appeared opposing the proposed paving improvements.
C.G. Connell appeared opposing the proposed paving improvements.
Floyd Huber appeared opposing the proposed paving improvements.
M.L. Bartley appeared opposing the proposed paving improvements.
Nichlas Gonzales indicated in person that he opposed the proposed paving
improvements.
Ralph Regalado appeared opposing the proposed paving improvements.
Leroy Smith appeared opposing the proposed paving improvements.
Sub -Unit 7 of Unit 2230
Mrs. M.B. Marcell appeared opposing the proposed paving improvements.
And all objections and protests made were fully considered and the City
Council having fully and fairly heard all parties making any protest and all
parties desiring to be heard, and having fully considered all matters pre-
sented for consideration, and having fully considered all of the evidence,
and all pertieent .and proper matters is of opinion that the following dispo-
sition should be made of such protests and objections, and that assessments
should be made as herein ordained, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT all protests and objections, whether herein specifically mentioned
or not, shall be and the same are hereby overruled and the said hearing,
with respect to each and all sub -units and units, is hereby closed except
that it was found that street and alley paving Sub -Units 2 of Unit Number
1'
APR 10 197
A-460, 3 of Unit Number A-460, 1 of Unit Number 2235, 33 of Unit Number 2229,
7 of Unit Number 2230 was erroneously included in the public notice and in
the contemplated ordinance and in other proceedings; therefore NO ASSESSMENT
shall be made against the property included in said Sub -Units and the City
Engineer is hereby directed to delete and/or omit the engineer's assessment
roll for said Sub -Unit consistent with this finding.
75-34-173-370 Motion was made by Councilman Campbell, seconded by Councilman West, motion
(27) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting
This Resolution was Yea, none voting Nay that the following resolution be passed.
amended by Resolu- THE STATE OF TEXAS PAVING RELEASE
tion passed 5/8/75. ..
COUNTY OF LUBBOCK
A portion of
A portion of
WHEREAS, heretofore, on January 23, 1975, the City of Lubbock passed a
Resolution being recorded in Volume 595, Page 459-461, inclusive of the Deed
of Trust Records of Lubbock County, Texas, such Resolution containing a
Declaration by the City Council for the necessity of street improvements,
alley improvements and apportionment of costs for such improvements, and in
such Resolution there were included paving improvements for certain hereinafter
described Paving Units; and,
WHEREAS, under such Paving Units such improvements have created no liens
or liens against the property assessed pursuant to said Paving Units, by reason
of the fact that such paving improvements have been deleted from the stated
paving program, and there is no immediate plan of making the street improvments
or alley improvements upon the streets and alleys under said Paving Units,
and it is expedient to the streets and alleys as aforementioned; NOW THEREFORE:
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Lubbock, acting by and through its duly authorized Mayor
in consideration of the premises, does hereby and by these presents, RELEASE
RELINQUISH AND FOREVER QUIT CLAIM to the owner or owner their heirs, adminis-
trators, executors and assigns, all right, title and interest the City of Lubbock
may have in and to all these lots, tracts or parcels of land being situated
in the City of Lubbock, Lubbock County, Texas, and being further described
as follows; to -wit:
UNIT AND
SUB -UNIT NO.
A- 0-2
A-460-3
UNIT AND
SUB -UNIT NO.
2235-1
2229- 31
2229- 31
2229-33
2230-7
ALLEYS
FROM
between Avenue "0"
15th Street
Paris Avenue
Between Norwood Avenue
Norfolk Avenue
& Norfolk Avenue
STREETS
FROM
East Main Street
Quirt Avenue
North 1/2 of Owen St.
Mesa Road
South 1/2 of Owen St.
Avenue "D"
45th Street
Avenue "A"
Utica Avenue
61st Street
TO
16t1i Street
68th Drive
TO
Nutmeg -Avenue
U.S. 87
U.S. 87
Avenue "D"
62nd Street
This release affects only the property hereinabove described and in no
way affects any property or liens not specifically described herein, and all
liens and apparent liens against owners not otherwise released are hereby
expressly retained.
EXECUTED this loth day of April, 1975
CITY OF LUBBOCK
ATTEST:
/s/ ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
NO FURTHER BUSINESS COMING UP FOR CONSIDE ON, HE CITY COUNCIL ADJOURNED
FROM REGULAR MEETING, April 10, 1975• % &
ATTEST: ( ROY BASS, MAYOR
reva Phillips, C fy Secretary -Treasurer
READ AND APPROVED THIS THE 24th day of April, 1975
ATTEST:
Treva Phillips, C i of Secretary -Treasurer
ROY ASS J. MAYOR