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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/8/1975205 MAY 8 1975 REGULAR CITY COUNCIL MEETING MAY 8, 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 Pro Tem 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: Mayor Roy Bass 75-34-205-430 The invocation was given by Councilman Alan Henry. (1) 75-34-205-431' The Pledge of Allegiance to the Flag was given in unison by those present in (2) the Council Chamber. 75-34-205-432 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (3) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meetings held April 23 and April 24, 1975 and Special Meeting held May 2, 1975. 75-34-205-433 Mr. Ed Napier, representing J. Lee Quillin in regard to changing the water (14) storage site on North Quaker Avenue, appeared before the City Council and requested that this item be postponed until the next City Council meeting. The City Council unanimously agreed to postpone this item. 75-34-205-434 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (15) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7071 on second and final reading. ORDINANCE N0. 7071 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS The sum $3,185,430 For the following purpose: To purchase a Steam Generator as per Specification LB-102. 75-34-205-435 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (16) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7072 on second and final reading. ORDINANCE NO. 7072 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock -finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS The sum $317,355 For the following purpose: To purchase a Cooling Tower as per Specification LB-120. 75-34-205-436 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (17) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7073 on second and final reading. ORDINANCE NO. 7073 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-wi't: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS 206 The sum $85,692 For the following purpose: Specification LB-210. To purchase a Deaerating Feedwater Heater as per 75-34-206-437 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion {18) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7074 on second and final read i ng. AN APPROPRIATION ORDINANCE ORDINANCE N0. 7074 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS The sum $387,380 For the following purpose: To purchase a Surface Condenser as per Specification LB-215. 75-34-2o6-438 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (19) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7075 on second and final read i ng. AN APPROPRIATION ORDINANCE ORDINANCE NO. 7075 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS The sum $2,293,528.o0 For the following purpose: To purchase one Steam Turbine -Generator Unit as per Specification LB-200. 75-34-2o6-439 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion (20) carried, Mayor Pro Tem West, Councilwoman Jordan and Councilman Henry voting Yea, none voting Nay to pass Ordinance No. 7067 on second and final reading. Councilman Campbell abstained from voting on this ordinance. ORDINANCE NO. 7067 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. 2001: CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK JS, AS SHOWN ON A PRELIMINARY PLAT OF LOT 1, NORTHPARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AN R-I TO A-1 ZONING DISTRICT. PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-206-440 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (21) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7068 on second and final reading. ORDINANCE NO. 7o68 AN ORDINANCE AMENDING CHAPTER 11A OF THE CODE OF ORDINANCES, CITY OF LUB- BOCK, TEXAS (BEING THE ELECTRICAL CODE), BY AMENDING SECTION IIA-5 THEREOF TO PROVIDE FOR ADOPTION OF THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE; PROVIDING FOR AMENDMENTS TO SUCH 1975 EDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-206-441 (22) Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7069 on second and final read- i n g.. ORDINANCE NO. 7069 AN ORDINANCE AMENDING ARTICLE 11 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 34-52 THEREOF PROVIDING FOR PRO- RATA CHARGES FOR WATER AND/OR SEWER SERVICE; AMENDING SECTION 34-65 PROVIDING 207 MAY 8 l�7 FOR UNIT PRICES USED IN CALCULATING COSTS OF EXTENSIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION. 75-34-207-442 The following bids were received for aerial photographs of (25) ing portions of the city which are not currently covered by aerial photographs: International Aerial the newly develop - the 200 scale Mapping Co. Wallace KUCERA&Assoc. San Antonio, Tex. Aerial Denver, 1. B &W photographyscreened cronar positives 208 sq. miles 2. Furnish 51 screened cronar positives from photography under item -No. 1 3. Additional screened cronar positives, 51 thru 100 as flown in item No. 1 4. Additional screened cronar positives, 101 thru 150 as flown in Item No. 1 5. Furnishing 1 aerial mosiac at 1"=1000' covering 208 square miles B. Additional copies 6. Furnishing 1 aerial mosiac at 1"=1500' covering 208 square miles B. Additional copies Mechanical control Affirmative Action Plan Delivery Surveys Colorado Houston, Tx. 2,700.00 3,024.24 2,56o.0o No bid 1,350.00 4,250.00 1,150.00 1,250.00 3,750.00 1,150.00 1,250.00 3,750.00 1,150.00 1,450.00 2,920.00 875.00 140.00 925.00 75.00 1,350.00 2,810.00 825.00 70.00 625.00 70.00 acceptable acceptable acceptable acceptable acceptable acceptable 120 days 60 days from 8 weeks date of flight AMMANN INTER. Dener/ San Antonic After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem West, Council- woman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to accept the bid of Kucera and Associates on Items 1, 2 and 5 for an amount of $4811 with funding to come from the 701 Comprehensive Planning Grant Fund. 75-34-207-443 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (26) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to authorize the purchase of traffic signal rail- road pre-emptors from Automatic Signal Division, Fort Worth, Texas to be install- ed at l9th Street and Brownfield Road at an estimated cost of $1,950 and at Slide Road and Brownfield Road at an estimated cost of $2,378.75. 75-34-207-444 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (27) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcels 7C-7-4A and 5C-12-5D in the Guadalupe Urban Renewal Area to Cesario Sanchez for a consideration of $50 for enlargement of lot size. 75-34-207-445 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (29) carried, Mayor Pro Tem West, Councilmen Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. Councilwoman Jordan was absent from the Council Chamber at the time of this action. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, the Urban Renewal Agency of the City of Lubbock made arrangements with Lubbock Asphalt Products, Inc., for the construction of paving improvements on certain streets including the following streets: Akron Avenue from its intersection with a line 29.03 feet north of the north property line of 2nd Place to its intersection with the south property line of. 2nd Street, known and designated as Sub -Unit Number 1 of Unit Number 2234. Akron Avenue from its intersection with a line 3.00 feet north of the north property line of the alley north of Amherst Street to its intersection with the south property line of Auburn Street, known and designated as Sub -Unit Number 2 of Unit Number 2234. CantonAvenue from its intersection with the north property line of 3rd Street to its intersection with the south property line of 2nd Place, known and des- ignated as Sub -Unit Number 3 of Unit Number 2234. Canton Avenue from its intersection with the north property line of 2nd Place to its intersection with the south property line of 2nd Street, known and des- ignated as Sub -Unit Number 4 of Unit Number 2234. Canton Avenue from its intersection with the north property line of Amherst Street to its intersection with the south property line of Auburn Street, known and designated as Sub -Unit Number 5 of Unit Number 2234. MAY 8 ' 75 AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost. II. This resolution shall take effect and be passage. PASSED AND APPROVED THIS 8TH DAY OF MAY, ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney in force from and after its 1975. /s/ ROY BASS, MAYOR CONSOLIDATED FINAL ESTIMATE ARNETT-BENSON STREET PAVING IMPROVEMENTS Accepted May 8, 1975 UANTITIES S.Y. S.Y. Unit Paving L.F. Alley Sub -Unit Location 6" Base C&G Return 223 -1 Akron Ave. from Santa Fe Drive 863.29 509.2 31.11 to 2nd Street. 2234-2 Akron Ave. from 3.0' N. of the 436.98 245.80 NPL of the alley N. of Amherst St. to the SPL of Auburn St. 2234-3 Canton Ave. from 3rd St. to 960.0 568.0 31.11 2nd Place. 2234-4 Canton Ave. from 2nd Place to 969.78 568.7 31.11 2nd Street. 2234-5 Canton Ave. from Amherst St. 1036.99 592.49 31.11 to Auburn Street. TOTALS 4267.04 2484.19 124.44 COST ESTIMATE 4267.04 S.Y. Paving 6" Base $2.35 $10,027.54 2484.19 L.F. Curb Gutter @ $2.45 $ 6,086.27 124.44 S.Y. Alley Return @ $9.50 $ 1,182.18 CONTRACT COST $17,295.99 COST DISTRIBUTION Unit & Contract Urban Renewal Sub -Unit Cost Agency Cost 223 -1 $3,571. 2 $3,571. 2 2234-2 1,629.11 1,629.11 2234-3 3,943.15 3,943.15 2234-4 3,967.85 3,967.85 2234-5 4,184.06 4,184.06 17,295.99 17,295.99 75-34-208-446 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (30) carried, Mayor Pro Tem West, Councilman Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. Councilwoman Jordan was absent from the Council Chamber at the time of this action. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS'ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Potomac Park Lots 140-288, made arrangements with W. D. TURNER CONSTRUCTION COMPANY for the construction of paving improve- ments on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Potomac Park Lots 140-288, including the following streets: MAY 8 1 North 1/2 of 90th Street (concrete only) from its intersection with a line 13 feet East of East Property Line of Indiana Avenue to its intersection with the East Lip Line of Geneva Drive (including cul-de-sac, paving and concrete), known and designated as New Subdivision Sub -Unit Number 12 of Unit Number 2017. Geneva Drive from its intersection with the North Lip Line of 90th Street to its intersection with a line 7.00 feet North of the North Property Line of the Alley North of 87th Street, known and designated as New Subdivision Sub -Unit Number 13 of Unit Number 2017. Hartford Avenue from its intersection with a line 12.87 feet Northeast of the Northeast Property Line of 86th Street to its intersection with a line 30 feet South of the South Property Line of 84th Street, known and designated as New Subdivision Sub -Unit Number 14 of Unit Number 2017. 86th Street from its intersection with a line 27 feet East of the East Lip Line of Indiana Avenue to its intersection with a line 7.00 feet East of East Property Line of Alley East of Hartford Avenue, known and designated as New Subdivision Sub -Unit Number 15 of Unit Number 2017. 87th Street from its intersection with a line 27.00 feet East of East Lip Line of Indiana Avenue to its intersection with the West Lip Line of Geneva Drive including cul-de-sac, known and designated as New Subdivision Sub -Unit Number 16 of Unit Number 2017. 88th Street from its intersection with a line 27.00 feet East of East Lip Line of Indiana Avenue to its intersection with the West Lip Line of Geneva Drive, known and designated as New Subdivision Sub -Unit Number 17 of Unit Number 2017. 89th Street from its intersection with the South Lip Line of 88th Street to its intersection with a line 45 feet East of East Property Line of Indiana Avenue, known and designated as New Subdivision Sub -Unit Number 18 of Unit Number 2017. Hartford Avenue from its intersection with the North Lip Line of 86th Street to its intersection with the end of cul-de-sac, known and designated as New Subdivision Number 19 of Unit Number 2017. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF MAY, 1975. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE POTOMAC PARK LOTS 140-288 Accepted May 8, 1975 QUANTITIES S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Valley Sub -Unit Location 6" Base C & G Return Gutter 2017-12 N 1/2 of 90th St. from 737.40 112 *$ 20: 52.5 13 ft. E of EPL of Indiana Ave. to ELL of Geneva Dr. including cul-de-sac. 2017-13 Geneva Drive from NLL 2844.72 1792.54 136.45 17.38 of 90th St. to 7.00' N of NPL of Alley N of 87th St. L 210 Ay 8 1975 2017-14 Hartford Ave. from 12.87' 1881.96 1058.60 NE of NEPL of 86th St. to 30.00' S of SPL of 84th St. 2017-15 86th St. from 27.00' E 4206.41 2206.84 40.40 of ELL of Indiana Ave. to 7.00' E of EPL of alley E of Hartford Ave. 2017-16 87th St. from 27.00' E 4927.00 2638.00 52.49 of ELL of Indiana Ave. to WLL of Geneva Drive including cul-de-sac. 2017-17 88th St. from 27.00' E .3606.93 1974.60 47.46 of ELL of Indiana Ave. to WLL of Geneva Drive 2017-18 89th St. from SLL of 2104.19 1114.74 40.40 88th St. to 45.00' E of EPL of Indiana Ave. 2017-19 Hartford Ave. from NLL 1772.98 937.42 20.20 52.54 of 86th St. to end of cul-de-sac. TOTALS 22,081.57 12,851.08 258.09 222.41 COST ESTIMATE 22,0 1.59 S.Y. Paving 6" Base @ $2.24 $49,.462.76 12,851.08 L.F. Curb & Gutter 6" @ $2.49 $31,999.19 258.09 S.Y. Alley Return & Drainage Channel @ $11.00 $ 2,838.99 222.41 S.Y. Valley Gutter @ $11.00 $ 2,446.51 CONTRACT COST $86,747.45 COST DISTRIBUTION Unit & Contract Developer Sub -Unit Cost Cost 2017-12 5,2 .33 $5,2 .33 2017-13 $12,527.72 $12,527.72 2017-14 $6,851.50 $6,851.50 2017-15 $15,361.79 $15,361.79 2017-16 $18,182.49 $18,182.49 2017-17 $13,518.34 $13,518.34 2017-18 $7,933.49 $7,933.49 2017-19 $7,105.79 $7 105.79 TOTAL $86,747.45 $86,747.45 '5-34-2i0-447 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (31) carried, Mayor Pro Tem West, Councilmen Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. Councilwoman Jordan was absent from the Council Chamber at the time of this action. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Burlington Industrial Addition No. 2, made arrangements with Lubbock Asphalt Products, Inc., for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Burlington Industrial Addition No. 2, including the following streets: South part of East 44th Street from its intersection with the West line of Lot 3, Block 9, to its intersection with the East line of Lot 3, Block 9, Burlington Industrial Addition No. 2, known and designated as New Subdivision Sub -Unit Number 99 of Unit Number Hickory Avenue from its 2014. intersection with the North Lip Line of East 40th Street to its intersection with the North Right-of-way of Fort Worth and Denver Rail- road North of East 40th Street, known and designated as New Subdivision Sub - Unit Number 7 of Unit Number 2016. East 47th Street from its intersection with a line 13.50 feet East of East Property Line of Globe Avenue to its intersection with a line 900.00 feet East of East Property Line of Globe Avenue, known and designated as New Subdivision Sub -Unit Number 51 of Unit Number 2016. I North part of East 47th Street from its intersection with a line 900.00 feet East of East Property Line of Globe Avenue to its intersection with a line 13.50 feet West of West Property Line of Locust Avenue (concrete only), known and designated as New Subdivision Sub -Unit Number 51A of Unit Number 2016. South part of East 44th Street from its intersection with the West line of Lot 4, Block 9, to its intersection with the East line of Lot 4, Block 9, Burlington 211 MAY 8 ndustrial Addition No. 2, known and designated as New Subdivision Sub -Unit Number 5 of Unit Number 2017. AND WHEREAS, the construction of the above improvements on the abovementioned treets was performed under the supervision of the City Engineer, and said im- rovements have been completed and have been inspected and found to have been onstructed in accordance with City specifications and in accordance with the rovisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned streets be and he same are hereby accepted and the City Engineer be and he is hereby authorized o direct the payment of the City's portion of the cost and to release escrow oney. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF MAY, 1975. TTEST: /s/ ROY BASS, MAYOR s/ Treva Phillips, City Secretary -Treasurer PPROVED: s/ Wilford D. Watson, City Engineer PPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE BURLINGTON INDUSTRIAL ADDITION NO. 2 Accepted May 8, 1975 QUANTITIES S.Y. S.Y. Caliche S.Y. L.F. Unit Paving L.F. Base Re-sur- Paving Sub -Unit Location 6" Base C & G Only facing Adjustment 201 -99 South part of E. 44th 300.00 300.00 St. from W. Line of Lot 3, Block 9, to E. Line of Lot 3, Block 9, Bur- lington Industrial Add. No. 2. 2016-7 Hickory Ave. from NLL 1390.93 553.40 216.60 of E. 40th St. to N. ROW of FW&D RR N of E. 40th St. 2016-51 E. 47th St. from 13.50' 4722.13 1769.30 32.00 E of EPL of Globe Ave. to 900.00' E. of EPL of Globe Ave. 2016-51A E-47th St. from 900' E 644.80 of EPL of Globe Ave. to 13.50' W of WPL of Locust Ave. 2017-65 S. part of E. 44th St. 449.00 449.00 from W. Line of Lot 4, Block 9 to E. Line of Lot 4, Block 9, Burling- ton Industrial Add. No. 2 TOTALS 1 1� 3.09 3716.50 2� 0 32.00 7 E COST ESTIMATE 61-13.06 S.Y. Paving 6" Base @$2.50 $15,282.65 3716.50 L.F. Curb & Gutter @$2.50 $ 9,291.25 749.00 L.F. Paving Adjustment @$1.00 $ 749.00 261.60 S.Y. 6" Caliche Base Only @$1.50 $ 392.40 32.00 S.Y. Resurface @$1.00 $ 32.00 CONTRACT COST $25,747.31 COST DISTRIBUTION Unit & Contract Developer Sub -Unit Cost Cost 2014-99 $ 1,050.00 1,050.00 2016-7 5,253.23 5,253.23 2016-51 16,260.58 16,260.58 2016-51A 1,612.00 1,612.00 2017-65 1,571.50 1,571.50 TOTAL 25,7 7.31 25,7 7.31 212 M,g 8 '. '5 75-34-212-448 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (32) carried, Mayor Pro Tem West, Councilmen Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. Councilwoman Jordan was absent from the Council Chamber at the time of this action. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with COMMERCIAL CONCRETE CONSTRUCTION COMPANY (G.W.O. 10,836 and 10,836-A) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets, and/or avenues in said City including among others the following: 43rd Street from its intersection with a line 6 feet west of the west property line of Chicago Avenue to its intersection with a line 9 feet west of the east property line of Dover Avenue, known and designated as Sub -Unit Number 10 of Unit Number 2229. Dover Avenue from its intersection with a line 79.05 feet north of north property line of 43rd Street to its intersection with a line 8 feet north of north property line of 44th Street (North Side), known and designated as Sub - Unit Number 11 of Unit Number 2229. N-S Ailey between Avenue L and Avenue K from its intersection with the South Lip Line of 17th Street to its intersection with a line 130 feet north of 18th Street, known and designated as Sub -Unit Number 1 of Unit Number A-459. E-W Alley between 15th Street and 16th Street from its intersection with the West Property Line of Raleigh Avenue to its intersection with the East Property Line of Salem Avenue, known and designated as Sub -Unit Number 4 of Unit Number A-459. E-W Alley between 23rd Street and 24th Street from its intersection with the East Lip Line of Flint Avenue to its intersection with the West Lip Line of Elgin Avenue, known and designated as Sub -Unit Number 6 of Unit Number A-459. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been con- structed in accordance with terms of said contract (G.W.O. 10,836 & A). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: That the improvements on said portions of the abovementioned alleys, streets and/or avenues 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, streets and/or avenues listed above and against the owners of such property in accor- dance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF MAY, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED: APPROVED AS TO FORM: /s/ Wilford D. -Watson, City Engineer /s/ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE G.W.O. 10,836 & A Accepted May 8, 1975 QUANTITIES Alley S.Y. L.F. Paving Alley Curb S.Y. S.Y. S.Y. Returns & Gutter Unit & Paving L.F. Alley Re-sur-& Pav- (Alley Sub -Unit Location 6" Base C&G Return facing ing Paving 2229-10 43rd St. from ' W. of]646.55 797-08 22.1 WPL of Chicago Ave. to 9' W of EPL of Dover Ave. 2229-71 Dover Ave. from 79.05'1415.11 628.18 22.10 N of NPL of 43rd St. to 8' N of NPL of 44th St. (N Side). A-459-1 Alley between Ave. L 26.00 174.16 45.84 Ave. K from SLL of 17th St. to 130' N of 18th St. 213 MAY g 1 g i s A-459-4 E-W Alley between 15th 876.31 St. and 16th St. from WPL of Raleigh Ave. to EPL of Salem Ave. A-459-6 E-W alley between 23rd 48.2 694.36 62.84 St. and 24th St. from ELL of Flint Ave. to WLL of Elgin Ave. TOTALS 3 60 1� 66 2�� VIT-72 7 l 1100$7TT COST ESTIMATE 3061.66 S.Y. Paving 6" Base @ $2.15 $6,582.57 1425.26 L.F. Curb& Gutter @ $2.30 $3,278.09 44.20 S.Y. Alley Return @ $11.00 $ 486.20 74.20 S.Y. Resurface (Ailey Paving @ $2.50 $ 185.50 1744.83 S.Y. Alley Returns & Paving @ $9.79 17,081.88 108.68 L.F. Curb & Gutter (Alley Paving@ $3.00 $ 326.04 CONTRACT COST 27,9 0.2 COST DISTRIBUTION Unit & Contract Property City Previous City to Sub -Unit Cost Owner Cost Cost Payments Contractor 2229-10 $5,T1__6_.T6 $5,7 0. 0 $ -124-34 $3, 7.52 $2,168.9T 2229-11 4,730.40 3,722.63 1,007.77 2,888.24 1,842.16 A-459-1 1,907.55 1,367.60 539.95 0 1,907.55 A-459-4 8,579.07 4,555.17 4,023.90 0 8,579.07 A-459-6 7,106.80 3,501.36 3,605.44 0 7,lo6.8o TOTALS $27,94078 1 7.5 $9,052.72 $ ,335.77 21, o .51 75-34-213-449 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (33) carried, Mayor Pro Tem West, Councilmen Henry and Campbell voting Yea, none voting Nay to grant the developer's request to construct paving on the east one-half of Elgin Avenue between the alley north of 74th Street to 78th Street. Council- woman Jordan was absent from the Council Chamber at the time of this action. 75-34-213-450 The City Council considered an ordinance abandoning and closing East 33rd Street (34) from Globe Avenue west to the railroad. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to accept the recommendations of the Staff and deny this request to close a portion of East 33rd Street. 75-34-213-451 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion (35) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen 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 Street Use License in favor of Peter B. Durham, 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 8th day of May, 1975. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney STREET USE LICENSE THE STATE OF TEXAS X COUNTY OF LUBBOCK X This indenture made this 8th day of May, 1975, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and PETER B. DURHAM, of Lubbock County, Texas, hereinafter called "LICENSEE". WITNESSETH: Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a lumber storage yard and other usual lumber yard purposes except that no permanent construction and/ or improvements are to be made or done on any part of Bluefield Street, in and upon the following described portion of dedicated public street, to -wit: That portion of Bluefield Street located in Lubbock County, Texas, and shown on attached plat marked "Exhibit All and made a part hereof for all purposes. r 214 MAY 8 "'` 75 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE at 3206 44th Street, Lubbock, Texas. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvments that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvments after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvments and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the lump sum of TWO HUNDRED AND NO/100 DOLLARS ($200.00) payable in advance. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utitlities of any nature occasioned by the con- struction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the re-routing or re -alignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be con- structed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reim- burse the CITY OF LUBBOCK, or such utitlity, as the case may be, for its expense of such re -locating or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or com- plete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and a assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demand, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agree- ment will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful perfor- mance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satis- factory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy coverning the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representative, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon the inure to the benefit to the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in numbered Paragraph {5} hereof. 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. ATTEST: /s/ Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this 8th day of May, APPROVED: /s/ Fred 0. Senter, Jr., City Attorney APPROVED: CITY OF LUBBOCK BY /s/ ROY BASS, MAYOR 1975• LICENSEE: PETER B. DURHAM /s/ Peter B. Durham /s/ Wilford D. Watson, City Engineer 215 MAY 8 175 175-34-215-452 (36) Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen 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 an OPTION AGREEMENT between the CITY OF LUBBOCK and the TEXAS HIGHWAY DEPARTMENT coverning the furnish- ing of fill material from the Land Fill Site for INTERSTATE-27 construction, 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 8th day of May, 1975. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney AGREEMENT for purchase of ROAD MATERIAL (BORROW) by and between the STATE OF TEXAS STATE HIGHWAY DEPARTMENT and City of Lubbock P.O. Box 2000, Lubbock, Texas 79408 Control 67-7-54 Project 1 27-700307 Highway No. IH 27 Lubbock County Type of Material: Earth Borrow Type of Proposed Work: Embankment This material or lesser amounts will be used only when haul makes it most economical source and may be secured on basis of lesser amounts or none. STATE OF TEXAS, COUNTY OF LUBBOCK This agreement is made this 8th day of May, 1975, by and between the City of Lubbock his/their executors, administrators, heirs, successors or assigns, hereinafter referred to as the Party of the First Part, and the State of Texas, State Highway Department, acting through its State Highway Engineer, herein- after referred to as the Party of the Second Part Whereas, preliminary investigations have indicated that acceptable material is available from lands hereinafter described, owned controlled by the Party of the First Part, and Whereas, the Party of the First Part desires to sell any or all of this acceptable material. Witnesseth: The Party of the First Part for, and in consideration of one dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, does hereby agree to hold for the exclusive use of the Party of the Second Part, its agent or Contractor, all borrow material occuring on said lands, hereinafter described, and to sell any or all of this material that may prove acceptable to the Party of the Second Part at the unit royalty price of $0.00 per cubic yard. The Party of the First Part hereby further agrees to in- demnify and save harmless the Party of the Second Part from any and all damage, or loss, that may develop from existing mortgages, leases, or liens on the lands hereinafter described. The Party of the Second Part agrees to pay for all accepted material at the unit royalty rate designated above by the Party of the First Part. Royalty pay- ments) will be made (1) month as material is removed, (2) only once for each contract involved, such payment to be made after all material needed from this pit for such contract has been removed, (3) as follows: No royalty payment will be made for strippings of pit or other unsuitable material, whether at pit or delivered on the road. It is mutually agreed that payment will be made only for acceptable material, measured as provided for in the governing specification, and delivered at points designated by the duly authorized representative of the Party of the Second Part. The governing specification requires that the material be measured in its original position and the volume computed in cubic yards by the method of average end areas. 216 MAY 8 1975 It is further mutually agreed and understood that the agents of Contractors for the Party of the Second Part are to have free ingress to and egress from said lands, hereinafter described, for the purpose of excavating and removing said material. All fences, gates and other existing improvements on the said lands, hereinafter described, after removal of all material desired by the Party of the Second Part, shall be placed in a condition comparable in repair to their former state by the Party of the Second Part, its agents or Contractor. All equipment placed on said lands by the Party of the Second Part, its agent or Contractor, to assist in the removal of said material, shall be removed by the Party of the Second Part, its agent or Contractor, upon the abandonment of the pit. It is further mutually agreed and understood that should the Party of the First Part at any time consider the maintenance of watchmen or the erection of addtional fences, cattle guards, etc., against possible damage or loss during pit operations, all arrangements and costs incident thereto shall be the entire responsibl ity of the Party of the F'i'rst Part. Any such safeguards considered necessary by the Party of the Second Part shall be the entire responsibility of the Party of the Second Part. This agreement shall expire 3 year(s) from the date of execution unless the Party of the Second Part at that time has under contract or has issued work order for construction of the project or projects hereinbefore described, in which event this agreement shall remain in effect until all such material desired by the Party of the Second Part for construction of said project or projects has been removed and the conditions hereinbefore stated have been fulfilled. Location and description of lands hereinbefore mentioned (Give such informa- tion as is necessary to establish the location and limits of the source of mater- ial in a manner satisfactory and understandable to both parties): Out of the Northeast 1/4 of Section 33, Block A, Lubbock County; Beginning at a point 100 feet South and 100 feet West of the Northeast corner of Section 33, Block A, Lubbock County; Thence 2,000 feet South, thence 2,000 feet West, thence 2,000 feet North, thence 2,000 feet East to the point of beginning. IN WITNESS WHEREOF, the Parties concerned hereto have set their hands the date herein named. Party of the First Part STATE OF TEXAS /s/ ROY BASS, MAYOR Party of the Second Part WITNESS: /s/ T reva Phillips, City Sec . -Treas Certified as being executed for the pur- pose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: BY Assistant State Highway Engineer Recommended for approval: Resident Engineer District Engineer Chief Engineer of Highway Design Engineer, Secondary Roads CERTIFICATION OF VALUE, after having made necessary investigation of the land I certify that the total royalty cost for the material to be used from this pit will not exceed the normal value of the land. District Engineer, State Highway Dept. 75-34-216-453 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion (37) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7076 on first reading. ORDINANCE NO. 7076 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 $3,000.00 For the following purpose: Paving the east one-half of Elkhart Avenue adjacent to C.W. Ratliff Park from 49th Street to 50th Street. 75-34-216-454 The following bids were received for the purchase of steel electric poles for (38) Electric Distribution, being Bid No. 3313. Bid Tabulation set in Bid Book. 21'7 MAY 8 '97b After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to accept the bid of Bruce -Lake Co., Dallas, for the purchase of steel electric poles for Electric Distribution. 75-34-217-455 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (39) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7077 on first reading. ORDINANCE NO. 7077 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $281,831 For the following purpose: To purchase Steel Transmission Line Poles as outlined in Bid No. 3313. 75-34-217-456 The following bids were received for the purchase of miscellaneous electric items (40) for warehouse stock, being Bid No. 3371. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem West, Council- woman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to accept the bid of Temple, Inc., for the purchase of Items 1,5,6,8,9 and 11; accept the bid of Westinghouse Electric Supply Co. for the purchase of Items 2 and 3; accept the bid of Nelson Electric Supply Co. for the purchase of Item 4; accept the bid of Fields & Co. for the purchase of Item 7; accept the bid of Graybar Electric Co., Amarillo for the purchase of Item 12. Tie bids were received from Graybar Electric Co. and Temple, Inc., for the purchase of Item 13; lots were drawn and the bid of Graybar Electric Co., Amarillo, was accepted. 75-34-217-457 The following bids were received for the purchase of a step -van vehicle for crime (41) laboratory for the Police Department, being Bid No. 3386. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem West, Council- woman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay, to accept the bid of Modern Chevrolet Co. for the purchase of a step -van vehicle for the Police Department. 75-34-217-458 The following bids were received for the pick-up and demolition of junk vehicles (42) for Zoning and Environmental Control, being Bid No. 3374. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to accept the bid of Plains Garage, Huriwood, Texas, for the pick-up and demolition of junk vehicles for Zoning and Environmental Control. 75-34-217-459 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (42a) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to authorize the Mayor to enter into contract with Plains Garage, Hurlwood, Texas, for the pick-up and demolition of junk vehicles for Zoning and Environmental Control. JUNKED VEHICLE REMOVAL AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK X THIS AGREEMENT entered into between the CITY OF LUBBOCK, hereinafter called 1°City" and BARLET A. SLACK, JR., hereinafter called "Contractor" for the re- moval and demolition of junked vehicles within the City of Lubbock: WITNESSETH: WHEREAS, the City of Lubbock has enacted an amendment to its Code of Ordi- 1� 218 h1 Ay 8 1975 nances providing for the removal and demolition of junked vehicles within the City of Lubbock in accordance with the Texas Abandoned Motor Vehicle Act and desires to enter into an agreement with the Contractor for the performance of such services upon the terms and conditions set forth below: 1. Contractor hereby agrees to pick up and dispose of junked vehicles within the'City of Lubbock within forty-eight(48) hours as directed by the authorized Official of the City of Lubbock, such acts to be performed in ac- cordance with the Ordinances of the City of Lubbock and the Texas Abandoned Motor Vehicle Act. 2. The Contractor shall be responsible for the keeping of records inciden- tal to the removal and disposition of such junked vehicles and shall prepare the necessary forms needed by the City and the State of Texas in performing such services and such records shall be available to the City of Lubbock and State of Texas. 3. The Contractor shall pay to the City the sum of $17.75 for each junked vehicle picked up and disposed of upon direction of the City of Lubbock, such compensation shall be paid by the Contractor to the City the first of each month along with a statement listing all junked vehicles picked up and demolished during such month. 4. The Contractor shall maintain insurance on all of his vehicles used in performing these services and in addition shall maintain liability insurance in the amount and form acceptable to the City Attorney which covers such services. 5. The Contractor shall hold the City free from any liability or responsi- bility for the acts of the Contractor, its agents or employees in the performance of such services. 6. The term of this Agreement shall be for a period of twelve (12) months and may be terminated by either party upon thirty (30) days written notice to the other party. EXECUTED this 8th day of May, 1975 ATTEST: CITY OF LUBBOCK /s/ Treva Phillips, City Sec.-Treas. /s/ ROY BASS, MAYOR APPROVED AS TO FORM: CONTRACTOR /s/ Fred 0. Senter, Jr., City Attorney /s/ B. A. Slack Jr. 75--34-2I8-460 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion (43) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to appointment Mrs. Ethel McLeod to the Park and Recreation Board to replace Ken Stanley who resigned. This term expires March 31, 1977. 75-34-218-461 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion (44) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to appoint James P. Burrell to the Human Relations Commission to replace Gerald Askew who was unable to serve. This term is for three years and will expire May 25, 1978. 75-34-218-462 Arian Trice, Chairman of the Cemetery Board, appeared before the City Council (12) and presented the following recommendations of the Board: a. Consider recommendation to change the rates for grave services and monument installation. b. Consider recommendation to hire private patrol service to provide security patrol for cemetery. 75-34-218-463 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion (12a) carried, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to accept the recommendations of the Cemetery Board and pass the following resolution changing the rates for grave services and monument installa- tion. Mayor Pro Tem West was absent at the time of this action and Councilwoman Jordan presided. RESOLUTION WHEREAS, the City Council, after receiving the recommendations of the Cemetery Board, has determined that it is necessary to adjust the rates charged for services at the City of Lubbock Cemetery; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the rates charges for services at the City of Lubbock Cemetery shall be as follows: GRAVE SERVICES: Monday -Friday -Before 3:30 p.m ----------------- $$0.00 Monday -Friday -After 3:30 p.m ------------------ $90.00 Holidays ------------------------------------- $100.00 Saturdays ------------------------------------ $100.00 219 ! MONUMENT INSTALLATION: Monument dealers shall have the option of purchasing a permit and install- ing the monument himself, or paying the City for its staff to install the monument. Permit -Dealer Installtion: Charge per lineal foot------------------$5.00 Installtion by Cemetery Staff: Charge per square inch ------------------ $ .10 Passed by the City Council this 8th day of May, 1975. ATTEST: /s/ ROY BASS, MAYOR /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 Councilman Campbell, motion 175-34-219-464 i (12b) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to accept the recommendation of the Cemetery Board and hire a private patrol service to provide security patrol for the Cemetery. 75-34-219-465 The City Council considered the passage of Ordinance No. 7066 on third and (23) final reading closing hearing and levying assessments for part of the cost of improving portions of streets and alleys within the City of Lubbock, GWO 3120. Harold Tennat, 705 Owen Street and R.L. Hutchings, 505 Owen Street, appeared before the City Council expressing opposition to paving only half of the street (Mesa and Owen Streets). Sam Wahl, Director of Public works presented a map of the proposed paving in this area. Don R. Kidd appeared, representing Anton Kubacak, owner of Lubbock White Trucks, Inc., requesting a variance, so that his client be granted permission to post bond; that this be treated as a hardship case, and escrow money be refunded (45th Street paving). At the previous paving hearing, the City Attorney was asked by the Council to look into the legal aspects as to whether or not, under existing ordi- nance, this escrow money could be refunded. It was the opinion of the City Attorney, that it could be legally be done, under the existing ordinance, and that it was the choice of the City Council whether or not to grant a waiver in this particular case. After consideration of all information presented, motion was made by Council- woman Jordan (1) that Owen Street be left as previously passed by the City Council and (2) that bond be accepted instead of cash for 45th Street paving as requested by Mr. Kidd. This two part motion died for lack of a second. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay that the request of Texas Employment Commission be granted to pave the south 140 feet of the alley between 15th and 16th Streets between Avenue 0 and Paris Avenue, the paving of this portion of the alley to be done at the expense of Texas Employment Commission. Motion was made by Councilman Campbell, seconded by Councilman Henry, to delete the last two lots on Owen Street (Tennant and Hutchings property) from the paving program. This motion carried by the following vote: Mayor Pro Tem West, Councilmen Henry and Campbell voting Yea, Councilwoman Jordan voting Nay. Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7066 on third and final read- ing as amended. 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 AND 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 I� ADDITION; THE NORTH -SOUTH ALLEY ABUTTING LOTS 629 THRU 638, 640 THRU 645, MELONIE PARK ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 1 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 II 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, 80TH STREET, OWEN STREET, NORTH AVENUE E, 45TH STREET, ELKHART AVENUE, UTICA AVENUE, SUCH PORTIONS BEING MAY 8 1975 MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK 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.) 75-34-220-465 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (24) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the City, on April 10, 1975, passed a Resolution authorizing the execution of a Paving Release made a part of such Resolution; and WHEREAS, such Paving Release should now be revised to indicate changes as shown on the Paving Release attached hereto; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK : THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a PAVING RELEASE 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. This Paving Release revises the Paving Release authorized by the City Council on the loth day of April, 1975. Passed by the City Council this 8th day of May, 1975. ATTEST: /$/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS PAVING RELEASE COUNTY OF LUBBOCK 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 pro- gram, and there is no immediate plan of making the street improvements or alley improvements upon the streets and alleys under said Paving Units, and it is ex- pedient 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, administra- tors, 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. ALLEYS FROM TO A portion of A- 0-2 between Avenue "0" & 15th Street 120'South of 15th Street Paris Avenue A-46O-3 between Norwood Avenue Norfolk Avenue 68th Drive & Norfolk Avenue UNIT AND SUB -UNIT NO. STREETS FROM TO 2235-1 East Main St. Quirt Avenue Nutmeg Avenue A portion of 2229-31 North 1/2 of Owen St. Mesa Road U.S. 87 A portion of 2229-41 South 1/2 of Owen St. Avenue "D" U.S. 87 2229-33 45th Street Avenue "A" Avenue "D" 2230`7 Utica Avenue 61stStreet 62nd Street A portion of 2229-31 South 1/2 of Owen St. Mesa Road 200' E. of Mesa Road 221 r " 1 7C W 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 8th day of May, 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 75-34-221-466 The City Council considered an option agreement with the State Highway Department (28) to furnish fill material from Lake No. 59 for 1-27 construction. Jim Bertram, Director of Planning, appeared and presented a map of the area from which the fill material is proposed to be taken. Marvin Coffee, Director of Aviation, appeared and made comments regarding air- port property. Arnold Maeker appeared, representing Earl Lockhart, owner of property south of FM 2641. After discussion and consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to hold this item until a later date. Sam Wahl, Director of Public Works, was directed by the City Council to contact the Highway Depart- ment by telephone during the noon hour, if possible. After lunch, at 1:15 P.M., Item 28 was again considered. Mr. Wahl stated he had talked with Mr. Wright, Project Engineer, Highway Department, who stated if the Council denies this, they will proceed to acquire property to the south. After further consideration, motion was made by Councilwoman Jordan, that use of 35,OOOcubic yards out of the airport side be permitted, allowing for sculptur- ing and not to interfere with sewer line. This motion died for lack of a second. Motion was made by Councilman Henry, seconded by Councilman Campbell, that the Counci approve the taking of 55,000 cubic yards from the airport side, subject to approval of cut and fill plan, a total of 55,000 additional cubic yards, or a combined total of 70,000 cubic yards, off of the north side. This motion carried by the following vote: Mayor Pro Tem West, Councilman Henry and Campbell voting Yea, Councilwoman Jordan voting Nay. Mr. Bertram stated that Mr. Maeker had requested clarification of Council action on this item, asking if total borrow would be limited to 70,000 cubic yards, or was it to be interpreted that they would be able to negotiate with the City for additional material from the north side. He asked if the authorization intended to limit amount to 70,000 cubic yards. It was stated that it would be a total of 70,000 cubic yards coming off north side. 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 OPTION AGREEMENT between the; CITY OF LUBBOCK and the TEXAS HIGHWAY DEPARTMENT covering the furnishing of fill material from Lake No. 59 for INTERSTATE-27 construction, 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 8th day of May, 1975• ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney A G R E E M E N T for purchase of R 0 A D M A T E R I A L(B 0 R R 0 W) by and between the S T A T E O F T E X A S S T A T E H I G H W A Y D E P A R T M E N T 2?2 MAY 8 V�7� and City of Lubbock P.O. Box 2000, Lubbock, Texas 79408 Control 67-7-54 Project 127-7(16)37 Highway No. IH 27 Lubbock County Type of Material: } Earth Borrow Type of Proposed Work: Embankment This material or lesser amounts will be used only when haul makes it most econo- mical source and may be secured on basis of lesser amounts or none. STATE OF TEXAS, COUNTY OF LUBBOCK This agreement is made this 8th day of May, 1975, by and between the City of Lubbock his/their executors, administrators, heirs, successors or assigns, hereinafter referred to as the Party of the First Part, and the State of Texas, State Highway Department, acting through its State Highway Engineer, hereinafter referred to as the Party of the Second Part. Whereas, preliminary investigations have indicated that acceptable material is available from lands hereinafter described, owned controlled by the Party of the First Part, and Whereas, the Party of the First Part desires to sell any or all of this acceptable material. Witnesseth: The Party of the First Part for, and in consideration of one dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged, does hereby agree to hold for the exclusive use of the Party of the Second Part, its agent or Contractor, all borrow material occuring on said lands, hereinafter described, and to sell any or all of this material that may prove acceptable to the Party of the Second Part at the unit royalty price of three cents ($0.03) per cubic yard. The Party of the First Part hereby further agrees to indemnify and save harmless the Party of the Second Part from any and all damage, or loss, that may develop from existing mortgages, leases, or liens on the lands hereinafter described. The Party of the Second Part agrees to pay for all accepted material at the unit royalty rate designated above by the Party of the First Part. Royalty payment(s) will be made (2) only once for each contract involved, such payment to be made after all material needed from this pit for such contract has been removed, No royalty payment will be made for strippings of pit or other unsuitable material, whether at pit or delivered on the road. It is mutually agreed that payment will be made only for acceptable material, measured as provided for in the governing specification, and delivered at points designated by the duly authorized representative of the Party of the Second Part. The governing specification requires that the material be measured in its original position and the volume computed in cubic yards by the method of average end areas. It is further mutually agreed and understood that the agents of Contractors for the Party of the Second Part are to have free ingress to and egress from said lands, hereinafter described, for the purpose of excavating and removing said material. All fences, gates and other existing improvements on the said lands, hereinafter described, after removal of all material desired by the Party of the Second Part, shall be placed in a condition comparable in repair to their former state by the Party of the Second Part, its agent or Contractor. All equip- ment placed on said lands by the Party of the Second Part, its agent or Contractor, to assist in the removal of said material, shall be removed by the Party of the Second Part, its agent or Contractor, upon the abandonment of the pit. It is further mutually agreed and understood that should the Party of the First Part at any time consider the maintenance of watchmen or the erection of additional fences, cattle guards, etc., against possible damage or loss during pit operations, all arrangements and costs incident thereto shall be the entire responsibility of the Party of the First Part. Any such safeguards considered necessary by the Party of the Second Part shall be the entire responsibility of the Party of the Second Part. This agreement shall expire 3 years(s) from the date of execution unless f the Party of the Second Part at that time has under contract or has issued work order for construction of the project or projects hereinbefore described, in which event this agreement shall remain in effect until all such material desired by the Party of the Second Part for construction of said Project or projects has been removed and the conditions hereinbefore stated have been fulfilled. Location and description of lands hereinbefore mentioned (Give such informa- tion as is necessary to establish the location and limits of the source of material in a manner satisfactory and understandable to both parties): Out of the Southwest corner of the Northwest 1/4 of Section 10, Block A, Lubbock County. The area is bounded on the West with IH 27 and on the South with FM Highway 2641. IN WITNESS WHEREOF, the Parties concerned hereto have set their hands the date herein named. Party of the First Part STATE OF TEXAS /s/ ROY BASS, MAYOR Party of the Second Part 22 MAY 8 €9 WITNESS : /s/ Treva Phillips, City Sec.-Treas. Certified as being executed for the pur- pose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: BY: Assistant State Highway Engineer Recommended for approval: Resident Engineer District Engineer Chief Engineer of Highway Design Engineer, Secondary Roads CERTIFICATION OF VALUE, after having made necessary investigation of the land I certify that the total royalty cost for the material to be used from this pit will not exceed the normal value of the land. District Engineer, State Highway Dept. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL AD- JOURNED FROM REGULAR MEETING, May 8, 1975. ATTEST: ROY B , MAYOR Treva Phillips, C i t� Secretary -Treasurer READ AND APPROVED THIS THE 22nd day of May, 1975. ATTEST: ROY BASS, MA OR reva Phillips, Cit'Secretary-Treasurer I L