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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/22/1975M_ � MAY ? ? 1975 REGULAR CITY COUNCIL MEETING MAY 22, 1975 The City Council of the City of Lubbock, Texas met at 9:30 a.m. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Council- man Alan Henry, Councilman Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 75-34-229-476 The invocation was given by Fred 0. Senter, Jr., City Attorney. (1) 75-34-229-477 The Pledge of Allegiance to the Flag was given in unison by those present (2) in the Council Chamber. 75-34-229-478 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, (3) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held May 8, 1975, as corrected. 75-34-229-479 Ed Napier, representing J. Lee Quillin, appeared before the City Council (8) and discussed changing the water storage site on North Quaker Avenue. Don Osborne appeared and discussed the value of the land involved. After consideration of all information presented, motion was made by Council- woman Jordan that the staff be asked to evaluate Mr. Quillin's offer and report at the next City Council meeting. This motion died for lack of a second. After further discussion, 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 instruct the City Manager, City Attorney and necessary staff people to negotiate with Mr. Quillin and his attorney and come back to the City Council with recommendations. 75-34-229-480 Brownie Brownlee of J. W. Chapman & Sons, Realtors, appeared before the (9) City Council and requested release on a paving lien on Lot 1, Block 1, Brook Subdivision (on the corner of Akron and 40th Street). After con- sideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept payment of the principal in the amount of $540.72 and waive the interest. 75-34-229-481 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (10) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7076 on second and final reading. ORDINANCE N0. 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 ad- jacent to C.W. Ratliff Park from 49th Street to 50th Street. 75-34-229-482 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (11) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7077 on second and final 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: 230 MNY 2 1915 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. 75-34-230-�+83 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (12) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION A RESOLUTION BY THE CITY OF LUBBOCK AUTHORIZING THE MAYOR TO NEGOTIATE WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FINANCIAL ASSISTANCE. WHEREAS, the City of Lubbock is desirous of obtaining financial as- sistance provided by Section 701 of the Housing Act of 1954, as amended; and, WHEREAS, an Annual Work Program for the period beginning July 1, 1975 and ending June 30, 1976, is being submitted to the Department of Housing and Urban Development by the City of Lubbock; and, WHEREAS, this application requests a planning grant of $60,000; 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: 1. To file the application for and in behalf of the City of Lubbock; 2. To provide such additional information and documents as may be required. Passed by the City Council this 22nd 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 75-34-230-484 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (12a) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION A RESOLUTION AUTHORIZING THE DIRECTOR OF PLANNING TO ACT AS AUTHORIZED REPRESENTATIVE IN CONNECTION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ASSISTANCE PROGRAM (SECTION 701). WHEREAS, the City Council of the City of Lubbock has heretofore requested a planning grant under terms of Section 701 of the Housing Act of 1954, as amended; and. WHEREAS, an Annual Work Program for the period beginning July 1, 1975 and ending June 30, 1976 is being submitted to the Department of Housing and Urban Development by the City of Lubbock, in connection with such request; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Planning BE and is hereby authorized to act as representative for and on behalf of the Mayor of the City of Lubbock in connection with all matters pertaining to the application and any grant agreement that may be executed pursuant to the application. Passed by the City Council this 22nd 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 75-34-230-485 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (13) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7082 on first reading. 231 MAY 2 2 197S ORDINANCE NO. 7082 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is neces- sary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT BOND FUND The sum $16,451.85 For the following purpose: Sidewalk, curb and gutter betterment in CBD area. 75-34-231-486 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (14) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following Joint Resolution be passed. JOINT RESOLUTION WHEREAS, the City of Lubbock and Lubbock County have been engaged in extensive studies of the transportation problems and the transportation needs of the City of Lubbock, the County of Lubbock and the Lubbock area; and, WHEREAS, the Lubbock Urban Transportation Study Group, established by the two governing bodies has worked in close cooperation with the Texas High- way Department and officials, local citizens, industries and businesses of the Lubbock area to determine transportation needs and plan for possible improvements; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COMMISSION- ERS COURT OF LUBBOCK COUNTY: THAT the Governor of the State of Texas, the Honorable Dolph Briscoe, BE and is hereby requested to designate the Steering Committee of the Lubbock Urban Transportation Study Group as the planning organization for transportation development in the Lubbock area for two additional years commencing August 14, 1975, through August 14, 1977- Passed by the City Council this 22nd 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 Passed by the Commissioners Court of Lubbock County, Texas this day of May, 1975. ATTEST: /s/ RODRICK SHAW, COUNTY JUDGE /s/ Frank Guess, County Clerk APPROVED: /s/ Alton Grifin, Criminal District Attorney 75-34-231-487 Motion was made by Councilman Campbell, seconded by Councilman Henry, (15) motion carried, Mayor Bass, Councilmen West, Henry and Campbell voting Yea, Councilwoman Jordan voting Nay that the following Joint Resolution be passed. JOINT RESOLUTION WHEREAS, the City Council of the City of Lubbock and the Commiss- ioners Court of Lubbock County, Texas, have heretofore determined that the traffic needs of the City of Lubbock and Lubbock County should be studied by the Lubbock Urban Transportation Study Group for the purpose of considering transportation development in the Lubbock area; and WHEREAS, such group has submitted a review of the transportation needs and problems within the City and County of Lubbock; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE COM- MISSIONERS COURT OF THE COUNTY OF LUBBOCK ACTING JOINTLY: THAT, the "Level 2" major review of the Lubbock Urban Transportation Plan BE and is hereby adopted. 232 AY 2 ? 1975 Passed by the Commissioners Court this 22nd day of May, 1975. ATTEST: /s/ Frank Guess, County Clerk APPROVED AS TO FORM: /s/ RODRICK L. SHAW, COUNTY JUDGE /s/ Alton R. Griffin, Criminal District Attorney Passed by the City Council this 22nd 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 75-34-232-488 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (16) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 7C-9-9 in the Roberts -McWhorter NDP area to the Third and Temple Church of Christ for a consideration of $865 for extension of lot and landscaping; and approve the price and conditions of sale on Parcel 5B-17-8E in the Guadalupe NDP area to Mario Heredia for a consideration of $1,670 to be redeveloped as a single-family residence. 75-34-232-489 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (17) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve Change Order No. 1 to GWO 3120, 1975 Street Paving Improvements, adding street paving at Holly Avenue Power Plant in the amount of $4,738.40. CHANGE ORDER NO. 1. 1975 Street Paving Improvements TO: Lubbock Asphalt Products, Inc. GWO 3120 2836 Clovis Road P.O. Box 5336 Lubbock, Texas 79417 Gentlemen: WHEREAS, it is desirable to make changes in the plans and specifica- tions for this project, being namely the addition of the following unit to this program UNIT NO. 2230-10. Original Amount of Contractor $171,981.25 Increased by Change Order No. 1 4,738.40 Total Amount of Contract $17 ,719. 5 Completion for this contract June 1, 1976. No additional time added by this Change Order. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the revised plans; the Owner agrees to pay the Contractor the amount of the increase in cash; and the Contractor agrees to proceed with construc- tion and to adhere to applicable specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract be- tween the Owner and the Contractor shall be modified to the extent herein indicated, including one (1) attachement. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 22nd day of May, 1975. LUBBOCK ASPHALT PRODUCTS, INC. (Contractor) BY /s/ Walter V. Jarnagin Title: President Lubbock Asphalt Products, Inc. CITY OF LUBBOCK (Owner) BY /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips City Secretary RECOMMENDED FOR APPROVAL /s/ Wilford D. Watson, city Engineer /s/ N.B. McCullough, City Manager COST ESTIMATE Holly Avenue Power Plant Paving Unit No. 2230-10. See Drawing 2-D-354. UNIT ITEM QUANTITY PRICE AMOUNT I. A.C. pavement, including 754-86 S.Y. 2.90 $2,189.og sub -base, 6" caliche base complete in place, per square yard. 233 MAY 2 2 1975 2. Concrete curb and gutter including subgrade prepara- tion complete in place per linear foot. 3. Reinforced concrete (3000 #/7 day high early type) 30" wide separate gutter, including subgrade prepara- tion complete in place per linear foot. 4. Reinforced concrete (3000 #/7 day high early type) valley gutter, fillets, 6" thickness, including subgrade preparation, complete in place, per square yard. 74o.90 L.F. 3.25 2,407.93 16.0 L.F. 4.25 68.00 6.87 S.Y. 12.50 85.88 TOTAL CHANGE ORDER NO. 1 $4,750.90 75-34-233-490 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (18) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, the City of Lubbock heretofore entered into contract with KERR CONSTRUCTION COMPANY (G.W.O. 10,826) for the making and construction of street improvements on portions of numerous streets and/or avenues in said City including among others the following: North 1/2 of 82nd Street from its intersection with a line 3.00 feet West of the West Property Line of the alley West of Chicago Avenue to its inter- section with a line 9.50 feet West of the West Property line of the alley West of Elkhart Avenue, known and designated as Sub -Unit Number 78 of Unit Number 2015. 75th Street from its intersection with the West Paving Line of Slide Road to its intersection with the 9.00 feet Northeast of the Southwest Property of Albany Drive, known and designated as Sub -Unit Number 84 of Unit Number 2015. Part of 46th Street (Fill) from its intersection with the West Lip Line of Avenue A to its intersection with a line 35.00 feet West of the West Property Line of Avenue D, known and designated as part of Sub -Unit Number 62 of Unit Number 2226. 82nd Street from its intersection with a line 300.00 feet West of the center- line of Memphis Avenue to its intersection with a line 300.00 feet East of the centerline of Elgin Avenue, known and designated as Sub -Unit Number 2 of Unit Number 2229. Indiana Avenue from its intersection with the North Lip Line of 82nd Street to its intersection with a line 3.00 feet South of the South Property Line of the alley South of 76th Street (West Side), known and designated as Sub - Unit Number 3 of Unit Number 2229. The North 1/2 of 66th Street from its intersection with the East Lip Line of Indiana Avenue to its intersection with a line 298.00 feet East of the East Property Line of Indiana Avenue, known and designated as Sub -Unit 48A of Unit Number 2015. The East 1/2 of Indiana Avenue from its intersection with a line 12.00 feet South of the North Lip Line of 66th Street to its intersection with the North Line of Lot 1, Live Oak Addition, known and designated as Sub -Unit Number 49 of Unit number 2015. 48th Street and Avenue B Fill, Drainage Channels and median adjustment on 50th Street. AND WHEREAS, the improvements upon the said portions of the above - mentioned streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 10,826). 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 here- by authorized to direct the payment of the City`s portion of the cost and to release escrow money. Il. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF MAY, 1975. 23 ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE SET IN ON OPPOSITE PAGE. 75-34-234-491 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (19) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. 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 im- provement ordinances and resolutions and entered into contract with COM- MERCIAL CONCRETE CONSTRUCTION COMPANY (G.W.O. 10,836) 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: Frankford Avenue from its intersection with the South Lip Line of 34th Street to its intersection with a line 15 feet North of the North Property Line of 36th Street, known and designated as Sub -Unit Number 1 of Unit Number 2231. Frankford Avenue from its intersection with a line 15 feet North of the North Property Line of 36th Street to its intersection with a line 106.40 feet South of the South Property Line of 41st Street, known and designated as Sub -Unit Number 3 of Unit Number 2231. AND WHEREAS, the improvements upon the said portions of the above - mentioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 10 ,836) . THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. 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. I!. 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 accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF MAY, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary 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 Accepted May 22, 1975 QUANTITIES S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Valley Sub -Unit Location 6"Base C&G Return Gutter 2231-1 Frankford Avenue from 3977.44 145770 the South Lip Line of 34th Street to 15 feet North of the North Property line of 36th St. 23 n r�> N rn -0 -� G 0 I v� F_ Q In In ON M I I N co V Z_ co V Q W H O W O r; Db W rt r., 0 rD V] V Ci O O {, t-h z CT rt1 C'•" C M O rh (D N ry-, In ;3' rn K 0 H 0 In H ►'A " 'U rt O p [n ::j Mrt H• to r'• w rt In • O rt .-Y rt CDH• Cal rt CL a O C rt a. rt O" ;, rt o C) =3 rt Cr, -0 En ra HI O In o s' m O w Q' - Vo =11 O OQ 0 ra - O *d [n " rD j � rti w iw o �' : -� rn rt r r� rh rr ' co Q H N OQ rr o ra >✓� Na tlaH- rt n O rD o r, rr } �•n aHcnm w O'ON n I-4 rt ,'7} M In �' rD rn rh ra ::;0.. 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O ti Cl 0 p 'I! 1C - H co N N � 235 MAY 2,' 197-:) G 2231-3 Frankford Avenue from 6622.61 1587.52 29.09 29.16 15 feet North of the North Property Line of 36th Street to 106.40 feet South of the South Property Line of 41st Street. TOTAL 10,600.05 3044.62 29.09 29.16 COST ESTIMATE 10, 00.05 S.Y. Paving 6" Base $2.15 $22,790.11 3,044.62 L.F. Curb & Gutter @ $2.30 $ 7,002.63 29.09 S.Y. Alley Return @ $11.00 $ 319.99 29.16 S.Y. Valley Gutter @ CONTRACT $11.00 $ 320.76 COST $3033. 9 , COST DISTRIBUTION Unit & Contract Property City Previous Payments Current Amount Sub -Unit Cost Owner Cost Cost to Contractor Due Contractor 2231-1 $11,902. 3 $12, 2 0 $-523.77 $6,812.87 $5,029.9 $8,601.81 2231-3 $18,530.66 $11,803.03 $6,727.63 $9,928.85 TOTAL $30> 33. 9 $2 ,229. 3 $ ,203. $16, 01.72 $13, 31.77 75-34-235-492 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (20) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 140 thru 288, Potomac Park Addition. WHEREAS, the developer of Lots 140 thru 288 Potomac Park Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $56,795.05 with the improvements constructed by Holloway Contracting Company, having a value of $51,545.54 as determined by the unit prices established by said Chapter 34, and $5,249.51 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Briercroft Savings and Loan Association, the developer, to receive a refund of $4,157.44 in ac- cordance with Chapter 34 of the Code of the City of Lubbock. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $4,157.44 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 22ND DAY OF MAY, 1975. ATTEST: /s/ Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ ROY BASS, MAYOR /s/ Fred 0. Senter, Jr., City Attorney 75-�4-235-493 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (21) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize final payment (subject to HUD concurrence) in the amount of $9,368.85 to Worthington Engineered Pumps, Inc., for furnishing two high service water pumps and control equipment for No. 7 Pump Station. The amount of the contract was $62,459, WS-TEX- 263 grant project. May 14, 1975 Honorable Mayor and City Council City of Lubbock, Texas 236 yAY 2 2 1975 Gentlemen: CERTIFICATE OF COMPLETION I have inspected the Two Motor Driven High Service Water Pumps and Control Equipment for Pump Station No. 7, WWO 11475, dated December 14, 1974, and found said improvements to have been completed in accordance with plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Sincerely, /s/ Wilford D. Watson City Engineer EWS/kr STATE OF TEXAS CONTRACTOR'S AFFIDAVIT ON CLOSING JOB � COUNTY OF LUBBOCK X Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Jack C. Stringfellow, who being by me duly sworn, upon oath says: I, Jack C. Stringfellow for Worthington Corp., do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated December 14, 1974, for Two Motor Driven High Service Water Pumps and control Equipment for, Pump Station Number 7 under WWO 11475 HUD Pro. No. WS-TEX-263, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurr- ed in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this day of 1975. ATTEST: Subscribed and sworn to before me this the 25th day of September, /s/ Ernest J. Bradbury Notary Public in and for Lubbock County, Texas 75-34-236-494 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (22) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize final payment (sibject to HUD concurrence) in the amount of $13,158.88 to Panhandle Construction Company for expansion to Low Head "B" Pump Station. The amount of the contract was $128,000, WS-TEX-263 grant project. May 14, 1975 Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: CERTIFICATE OF COMPLETION I have inspected the Expansion of Low Head B Pump Station, WWO 11484, dated July 26, 1973, and found said improvements to have been completed in accordance with plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Sincerely, /s/ Wilford D. Watson City Engineer EWS/kr CONTRACTOR'S AFFIDAVIT ON CLOSING JOB 23'7 MAY 2 2 1975 STATE OF TEXAS COUNTY OF LUBBOCK X Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared David H. Hampton, who being by me duly sworn, upon oath says: I, David H. Hampton, Vice President, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated July 26, 1973, for Expansion of Low Head B Pump Station, under WWb 11484, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplied and other cost including equipment, rental incurred in connection with said project and hire, and all expense items have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 14th day of May. Panhandle Construction Co. Attest: /s/ James E. Collin /s/ David H. Hampton Subscribed and sworn to before me this the 14th day of May, 1975. /s/ Sue Hill Notary Public in and for Lubbock County, Texas 75-34-237-495 Motion was made by Couhcilman Campbell, seconded by Councilwoman Jordan, (�3) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize final payment in the amount of $22,212.12 to Panhandle Construction Company for water distribution mains from North Avenue N and Marshall Street to North University at Loop 289. The contract was for $215,977.90 and the final cost was $221,738.71. May 22, 1975 Honorable Mayor and City Council City of Lubbock, Texas CERTIFICATE OF COMPLETION Gentlemen: 1 have inspected water distribution mains from North Avenue 'IN" and Marsshdall Street to North Loop 289 and North University Avenue, W.W.O. 11497, September 12, 1974, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements. Sincerely, /s/ Wilford D. Watson City Engineer BG/pj CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCK X is Before me, a Note�YDavbidIH.IHamptonand �rwhobbeingCbynme,dulyaswo�n,tupon day personally appear, oath says: I, David H. Hampton, Vice President, do represent to the City of Lubbock the City of Lubbock, said and solemnly swear that I executed a contract with 12th. September 1974, for North Distribution Main contract being dated "N" Marshall Street to, N. Loop 289 and North University From N. Avenue and under WWO 11497, and that the work and contract has been completed accord- and that all ing to the plans and specifications pertaining to the project labor, material, supplies and other cost including equipment, rental and have incurred in connection with said project hire, and all expense items in full; that all liens and rights to fix liens against any have i been paid of said project or the moneys, bonds, or warrants due the contractor, his agent or attorney, been satisfied by payment to the claimant, authorized liens or claims have been secured by and full release of all recorded duly filed of record with the County Clerk of Lubbock County. settlement and MAY 22 1975 I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 14th day of May, 1975. Attest: James E. Collin Panhandle Construction Co. Subscribed and sworn to before me this thesl4thvdayHofHampton May, 1975. /s/ Sue Hill Notary Public in and for Lubbock County, Texas 75-34-238-496 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (z4) 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 LUBB.00K: 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 AGREEMENT with the TEXAS HIGHWAY DEPARTMENT for purchase from said CITY of road material (Borrow) for INTERSTATE HIGHWAY NO. 27 by said HIGHWAY DEPARTMENT, said Borrow to come from a playa lake area in NW4, Section 28, Block A, Lubbock County, Texas, 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 22nd day of May, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Sente r, J r. , 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 79498 Control 67-7-54 Project 1 27-7(16)307 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. It is further mutually agreed and understood that the agents of Con- tractors 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 improve- ments 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 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 erec- tion 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 year(s) from the date of execution unless the Party of the Second Part at that time has under contract or has issued I. 239 MAY 2 2 1975 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 information 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 playa lake area in the NW 1/4 of Section 28, Block A, Lubbock County, North of the Airport entrance and East of IH 27. STATE OF TEXAS, COUNTY OF LUBBOCK This agreement is made this 22nd 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 ail of this material that may prove acceptable to the Party of the Second Part at 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 de- livered 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. IN WITNESS WHEREOF, the date herein named. CITY OF LUBBOCK Party of the First Part /s/ROY BASS, MAYOR ATTEST: the Parties concerned hereto have set their hands /s/Treva Phillips, City Sec.-Treas. APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Witness: STATE OF TEXAS Party of the Second Part 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 Eng. 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 Eng. State Highway Department 75-34-239-497 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (25) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. 24 W 2 2 1975 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 H.C. LEWIS, HAROLD CHAPMAN, and RAY CHAPMAN doing business as Lubbock Inn, a Partnership, 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 22nd day of May, 1975. ATTEST: /s/ ROY BASS, MAYOR a /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 22nd day of May, 1975, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and H.C. LEWIS, HAROLD CHAPMAN, and RAY CHAPMAN, doing business as LUBBOCK INN, a partner- ship, 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 an under- ground telephone and television service conduit under, along, upon and across the following portion of dedicated public street in the CITY OF LUBBOCK, Lubbock County, Texas, to -wit: An east -west crossing of Nashville Avenue, five feet wide and being in length entirely across said Nashville Avenue, the north line of said east -west crossing being approximately 132 feet south of the south Right of Way line of 19th Street. 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 3901-19th Street, Lubbock, Texas, or to the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements 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 refuese to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements 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 a compensation for such grant the sum of TWO HUNDRED AND NO/100 DOLLARS ($200.00), payable in advance contemporaneously with LICENSEE'S execution of this License. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replace- ment and repairing of paving, sidewalks and utilities of any nature occasioned by the construction 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 con- structed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, 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 tranferable by the LICENSEE without first re- ceiving 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 complete 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 assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK its agents, servants, and employees harm- less 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, 21 MAY 2 2 19i repair or maintenance permitted herein, which agreement 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, with- out expense to CITY OF LUBBOCK, a realiable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability as- sumed 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 csuch 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 satisfacotry to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses here granted. 8. All of the covenants and provisions of this license shall be bind- ing 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 and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK with- out the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph 5 above. 9. LICENSEE, by the acceptance of the uses permitted herein under- stands 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 claums 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. 10. Any paving cut necessitated by this construction shall be done under the supervision of representatives of the Engineering Department of the CITY OF LUBBOCK to the end that same shall be made, done, and the paving repaired in such a manner as to interfere with the public's use of the street as little as possible, and in a workmanlike manner. Said conduit contemplated herein shall be laid at least 42 inches below the pavement and/or ground surface level of Nashville Avenue, and the surface and/or pavement repaired after the paving cut in accordance with the requirements and complete satisfaction of the said Engineering Department of the CITY OF LUBBOCK. CITY OF LUBBOCK ATTEST: BY: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of 1975. LICENSEE: LUBBOCK IN, A PARTNERSHIP /s/ H. C. Lewis, Partner /s/ Harold Chapman, Partner APPROVED: /s/ Ray Chapman, Partner /s/ Fred 0. Senter, Jr., City Attorney APPROVED: /s/ Wilford D. Watson, City Engineer 75-34-241-498 The City Council considered an ordinance amending the present Lubbock animal (26) ordinances. Dr. John Key, representing the Veterinarian Association, and Max Mott appeared in regard to this item. After consideration of all infor- mation presented, motion was made by Councilwoman Jordan, seconded by Council- man Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7083 on first reading. ORDINANCE NO. 7083 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY REPEALING THE PRESENT ARTICLES I, II AND III THEREOF AND ENACTING NEW ARTICLES I, II, Ill AND IV IN LIEU THEREOF, PROVIDING AS FOLLOWS: PROVIDING FOR DEFINITIONS RELATING TO ANIMALS AND FOWLS; PRO- HIBITING THE KEEPING OF WILD ANIMALS; PROVIDING FOR CHICKENS, GEESE, PIGEONS, RABBITS; PROVIDING FOR VEHICLES USED IN HAULING ANIMALS; PROVIDING FOR REMOVAL OF DEAD ANIMALS; PROVIDING FOR RABIES CONTROL; PROVIDING FOR CONTROL OF DOGS GENERALLY; PROVIDING FOR AN ANIMAL SHELTER; PROVIDING FOR IMPOUND- MENT; PROVIDING FOR RECLAIMING IMPOUNDED ANIMALS; PROVIDING FOR LICENSING OF DOGS; PROVIDING FOR ENFORCEMENT; RE -NUMBERING THE PRESENT ARTICLE IV TO ARTICLE V; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-241-499 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (27) 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 for and on behalf of the CITY OF LUBBOCK a CONTRACT FOR AUDIT SERVICES between the CITY OF LUBBOCK and MAIN LAFRENTZ & COMPANY, attached herewith which shall be spred upon the Minutes of the COUNCIL and 242 AY ? z 1975 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 22nd 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 CONTRACT FOR AUDIT SERVICES This Agreement, entered into as of the 22nd day of May, 1975, by and between the City of Lubbock, (Hereinafter called the "Owner"), and Main Lafrentz & Company, Independent Public Accountant of 280 Park Avenue, New York, New York 10017 with offices at First National -Pioneer Building, Lubbock, Texas 79401, (hereinafter called the "Contractor"), WITNESSETH: WHEREAS the Owner under date of May 24, 1973, entered into a Grant Contract with the United States of America acting through the Department of Housing and Urban Development (hereinafter referred to as the "Government") for financial assistance under Section 703 of the Housing and Urban Develop- ment Act of 1965, to finance a portion of the development cost of a neigh- borhood facility, known as Project No. NFG-06-16-1007 (hereinafter called the "Project"); and WHEREAS, pursuant to said contract, the Government and the Comptroller General of the United States or his duly authorized representatives have the right to audit the books and records of the Owner pertinent to its operations with respect to such financial assistance; and WHEREAS, the Government has authorized the Owner to procure such an audit by an Independent Public Accountant in lieu of audit by the Govern- ment, subject to Government approval of the Specific contract for audit entered into between the Owner and the Independent Public Accountant; and, WHEREAS, the Owner desires the Contractor to conduct and perform such an audit; NOW THEREFORE, the parties agree as follows: 1. The contractor shall audit the accounts and records pertaining to the Project in accordance with generally accepted auditing standards and the auditing and reporting provisions of HUD Handbook IG 7350.3, Audit Guide for the Neighborhood Facilities Grant Program for use by Independent Public Accountants, herein called the Audit Guide. 2. If the Contractor determines that the Owner's books and records are not in sufficiently satisfactory condition for performing an audit, the Contractor shall disclose this deficiency to the Owner. if, the Owner cannot get its books and records ready for audit within 15 days, the Contractor shall notify the Government. Notification to the Government shall be by written communication addressed to the Regional Inspector General for Audit, Regional Office, Department of Housing and Urban Develop- ment, 1100 Commerce Street, Dallas, Texas 75202, with a copy of the Area Director, Area Office, Department of Housing and Urban Development, 2001 Bryan Tower, Dallas, Texas 75201. The Contractor shall await further in- structions from the Regional Inspector General for Audit before continuing the audit. 3. Upon completion of the audit, an Audit Report consisting of those elements described in the Audit Guide shall be simultaneously submitted to the Regional Inspector General for Audit (16 copies) and to the local public official who signed the Neighborhood Facilities grant contract with the Government (5 copies) as joint addressees. 4. The Audit Report shall be submitted within 45 days after receipt of notification by the Owner to proceed with the audit. 5. The Owner agrees to pay the Contractor as compensation for the services and report mentioned herein, a lump -sum fee of $500.00, inclusive of all costs and expenses; provided, however, that the Owner by amendment of this contract may increase the lump -sum fee upon showing by the Contractor, agreed to by the Owner, that the Contractor has discovered conditions in the accounts of the Owner which require investigation consuming sub- stantially more time than would generally be required to perform the pre- scribed audit. Such fee shall be payable after receipt and acceptance by the Government of the Audit Report. 6. Changes in the scope of the services of the Contractor to be per- formed under this contract, including any increase or decrease in the amount of the Contractor's compensation and any change in the time limitation for submission of the Contractor's report, which are mutually agreed upon by and between the Owner and the Contractor, shall be incorporated into written amendments to this contract and shall be subject to the Government's approval. 7. The Contractor certifies that its principal officers are Certified Public Accountants, certified, licensed or registered by a regulatory author- ity of a State or other political subdivision of the United States. A statement identifying such certification or license shall be attached to this contract. 8. The Contractor, during the period to be covered by audit, shall have no interest, direct or indirect, with respect to the Owner which creates a conflict of interest. The following are conflicts of interest: 2` L MAY 22 1� a. Family relationships with officials of the Owner. b. Where the accountant during the priod covered by the audit was connected as an officer or cmployee of the Owner. 9. No member, officer of employee of the Owner, no member of the governing body of the locality in which the Owner's project is situated, and no other public official of such locality or localities who exercises any responsibilities or functions with respect to the Owner's project, dur- ing his tenure or for 1 year therafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof. 10. No member of or Delegate to Congress of the United States shall be admitted to any share or part of this contract or to any benefit that may arise therefrom. 11. The Contractor warrants that he has not employed any person to solicit or secure this contract upon any agreement for a commission, per- centage, brokerage, or contingent fee. Breach of this warranty shall give the Owner the right to terminate this contract, or, in its discretion, to deduct from the Contractor's fee the amount of such commission, percentage, brokerage, or contingent fee. 12. The Contractor shall not assign or transfer any interest in this contract except that claims for monies due or to become due from the Owner under the contract may be assigned to a bank, trust company, or other financial instutution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining members of such partnership. 13. The Contractor shall not discriminate against any employee or ap- plicant for employment because of race, color, religion, sex, age, or national origin. The Contractor shall take affirmative action to ensure that appli- cants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, or national origin. Such action shall include, 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. 14. For a period of 3 years after final payment under this contract, the Contractor shall make its workpapers, records, and other evidence of audit available to the Government and the Comptroller General of the United States or his duly authorized representatives. The Government and the Comptroller General shall be entitled to reproduce any or all of such documents at their expense for which provision shall be made at the time the need for reproduction arises. 15. The Government's approval of this contract shall be evidenced by the signature of the Area Director at the end thereof. IN WITNESS WHEREOF, the Owner and the Contractor have executed this agreement the day and year first above written. 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 MAIN LAFRENTZ & COMPANY BY /s/ Leroy Richardson Concurred: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT !Regional Inspector General for Audit Date: Name of Regional Office APPROVED: Area Director Date Name of Area Office 75-34-243-500 The City Council considered the claim of Kenneth David Key and Tim Kaastad (28) in the amount $500 for Tim Kaastad and an unspecified amount for Kenneth David Key for damage to two cars caused by an alleged malfunctioning traf- fic signal. 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 deny this claim. 75-34-243-501 (28a) 1i 75-34-243-502 (28b) The City Council considered the claim of Buddy B. Baldridge on behalf of Baldridge Foods, Inc., in the amount of $177.85 for damage to basement storage area caused by a backed up sewer line. 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 deny this claim. The City Council considered the claim of Ed B. Griffith in the amount of $27.50 for refund on Corporation Court fine. After considerstion 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 deny this claim. 244 V4 AY 2 ? 1975 75-34-244-503 The following bids were received for the purchase of electric ballasts (29) 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 Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of General Electric Supply Co. for the purchase of electric ballasts for warehouse stock. 75-34-244-504 The following bids were received for the purchase of water meter boxes (30) for warehouse stock, being Bid No. 3388. 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 Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Clowe and Cowan, Inc., for the purchase of water meter boxes for warehouse stock. 75-34-244-505 The following bids were received for the purchase of miscellaneous water (31) items for warehouse stock, being Bid No. 3391• 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 Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Clowe & Cowan, Inc., for the purchase of Items 1 and 2; accept the bid of Western Industrial Supply, Amarillo, for the purchase of Items 3,4,5,8,9,10,11,12,13,14,15,16 and 17; accept the bid of M.B. McKee Co. for the purchase of Items 6 and 7. 75-34-244-506 The following bids were received for the purchase of high voltage connectors (32) for warehouse stock, being Bid No. 3394• 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 Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Nelson Electric Supply Company for the purchase of high voltage connectors for warehouse stock. 75-34-244-507 The following bids were received to establish price for a period of one (33) year for meals for prisoners, being Bid No. 3390. 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 Bass, Councilmen West, Henry and Campbell voting Yea, Councilwoman Jordan voting Nay to accept the bid of Fair Restaurant for meals for prisoners for a period of one year. 75-34-244-508 The following bids were received for the purchase of stack chairs and (34) tables for the Civic Center, being Bid No. 3377. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell to accept the low bid that meets the specifications as recom- mended by the Civic Centers Board with the exception that lexan glides be added. This motion died for lack of a second. After further discussion, 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 accept the bid of The Paper Clip, Inc., for the purchase of stack chairs and tables for the Civic Center. 75-34-244-509 Motion was made by Councilman West, seconded by Councilman Henry, (35) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Jim Cummings to the Urban Renewal Board to replace Jimmy R. Price who resigned. This term expires November 26, 1976. r 75-34-244-510 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, (36) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint J. R. Blumrosen, to replace Frank Imke and to reappoint Mrs. Maggie Trejo as members to the City -County Child Welfare Board. These terms are for three years and will expire December 31, 1978. 75-34-244-511 The City Council considered a proposed ordinance amending Zoning Ordinance (37) No. 1695. Mayor Bass stated that this ordinance would be voted on section by section. 24, MAY i� OM Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell vot- ing Yea, none voting Nay that Section No. 1 (Purpose) be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section No. 2 (Definitions) be adopted with changes in wording. Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section No. 3 (Districts) be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section No. 4 (Zoning Maps and Colors) be adopted. Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section No. 5 (Transition District) be adopted. 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 Section No. 6 ("R-1") be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section No. 7 ("R-2") be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section No. 8 ("A-1") be adopted. Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section 9 ("A-2" High Density Apartment District) be adopted. Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section No. 10 ("R-3" Multi -Family District) be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section 11("A-3" High Rise Apartment District) be adopted. 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 that Section No. 12 ("A-M" Apartment -Medical District) be adopted. 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 that Section 13 ("A-C" Apartment -Commercial District) be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section 14 ("C-l") be adopted. 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 that Section 15 ("C-2A") be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay that Section 16 ("C-2") be adopted. Councilman Henry abstained from voting on this section. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay that Section No. 17 ("C-3") be adopted. Councilman Henry abstained from voting on this section. Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section No. 18 ("CB" -Central Business District) be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section 19 ("C-4") be adopted as corrected. Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting 26 M 2 2 1975 Yea, none voting Nay that Section 20 ("M-i") be adopted. Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section No. 21 ("M-2") be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Section No. 22 (Specific Use District) be adopted. Section No. 23 - Signs Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilwoman Jordan, and Councilman Henry voting Yea, Councilmen West and Campbell voting Nay that Sub -Section 23.1 (Purpose) be adopted. Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Sub -Section 23.2 (General Provisions) be adopted, except, Councilman West voted Nay on 23.2-8. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Sub -Section 23.3 (Prohibited Signs) be adopted, except, Councilman Campbell voted Nay on 23.3-1. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, Councilman West voting Nay that Sub -Section 23.2-8 be adopted. Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Sub -Section 23.4 be adopted. 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 that Sub -Section 23.5 be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Sub -Section 23.6 be adopted, except Councilman West voted Nay on 23.6-1. Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Sub -Section 23.7 be adopted. 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 that Sub -Section 23.8 be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that Sub -Section 23.9-1 through 23.9-6 be adopted, except, Councilman West voted Nay on 23.9-2 and 23.9-3. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, Councilman West voting Nay that Sub -Section 23.9-7 be adopted. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, Councilman West voting Nay that Sub -Section 23.9-7-2 be adopted. 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 that Sub -Sections 23.9 through 12 be adopted, except Councilman West voted Nay on 23.9-8. Section 23.13 (Billboards) Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, Councilman West voting Nay that billboards be allowed as permitted uses in "M-l" and "M-2" zoning districts with a maximum area of 750 feet; that billboards be allowed as permitted uses in "C-4" districts except when within 80 feet of residentially zoned property. In "C-4" districts, the maximum size area of a billboard would be 300 square feet; that the maximum height of a billboard be 35 feet; that there be a 200 foot separation between billboards; the setback for billboards shall be the same as for a building in the appropriate zone. When a billboard between two buildings of unequal setback, it shall take the same setback as the building farthest from the street. When a billboard is on an unim- r- 247 MAY 2 2 1975 proved lot, it shall take the same setback that would be applicable were there a building on that unimproved lot. 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 that Section 24 (Nonconforming Buildings and Uses) be adopted as changed. Following the motions and votes on each separate section of this ordinance, motion was made by Councilwoman Jordan, seconded by Councilman Henry. motion carried, Piayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7084 on first reading. ORDINANCE NO. 7084 A ZONING ORDINANCE REPEALING ZONING ORDINANCE NO. 1695, AND ZONING MAP PASSED AND ADOPTED ON THE bth DAY OF April, 1955, TOGETHER WITH ALL AMENDMENTS THEREON AND ENACTING AND ADOPTING IN LIEU THEREOF A NEW ZONING ORDINANCE AND MAPS, DIVIDING THE AREA WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF LUBBOCK INTO DISTRICTS IN ACCORDANCE WITH A CITY-WIDE COM- PREHENSIVE PLAN; DEFINING CERTAIN TERMS; REGULATING THE LOCATION, SIZE, HEIGHT, BULK AND USE OF BUILDINGS WITHIN SUCH RESPECTIVE DISTRICTS: FIXING BUILDING LINES FOR EACH RESPECTIVE DISTRICT; REGULATING THE: SIZE OF YARDS, COURTS AND OPEN SPACES IN EACH PARTICULAR DISTRICT; REGULATING THE DENSITY OF POPULATION, STRUCTURES, BUILDINGS, LANDS, INDUSTRY AND RESIDENCES IN THE ERECTION, REPAIR AND ALTERATION OF ALL BUILDINGS AND STRUCTURES IN EACH PARTICULAR DISTRICT; ADOPTING ZONING MAPS AND MAKING THEM A PART OF THIS ORDINANCE; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; AUTHORIZ- ING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE HEREOF; CONTAINING A SAVINGS CLAUSE; AND PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES. NO FURTHER BUSINESS COMING UP FOR CONSIDE TION, THE CITY COUNCIL AD- JOURNED FROM REGULAR MEETING, May 22, 1975. ATTEST: ROY BASS, MAYOR Treva Phillips, C'ty Secretary -Treasurer READ AND APPROVED TH I S THE 12th day of June, ATTEST: Treva Phillips, Cit,# Secretary -Treasurer