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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/12/197563 .7UN 12 1975 REGULAR CITY COUNCIL MEETING JUNE 12, 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 75-34-248-512 The invocation was given by Al Couch, Director of Public Services. (1) 75-34-248-513 The Pledge of Allegiance to the Flag was given in unison by those present (2) in the Council Chamber. 75-34-248-514 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (3) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held May 21, 1975 and Regular Meeting held May 22, 1975, as corrected. 75-34-248-515 Mike Landress of Howard Schmidt & Associates, appeared before the City (7) Council and presented the following letter of recommendation: June 4, 1975 Mr. Lawrence Banks Parks & Recreation Department City of Lubbock City Hall Post Office Box 2000 Lubbock, Texas 79457 PARKWAY POOL (GEORGE WOODS POOL) NORTH OF ZENITH AVENUE AND ERSKINE STREET LUBBOCK, TEXAS LAWRENCE, after the final inspection May 28, 1975 of the referenced facility, the attached list of items was found to require correction. A number of these items have been corrected at this date. The others should be corrected within a few days. We recommend that upon completion of all nine items listed that the project be accepted and that the contractor, C.B. Thompson Construction Company, be paid the balance of their contract which is $25,421.00. We have been most appreciative to have a part in the planning and construc- tion of this new swimming pool facility and hope the citizens of Lubbock find it a very satisfactory addition to the park program. Cordially, HOWARD SCHMIDT & ASSOCIATES /s/ Howard W. Punch List Parkway Pool Lubbock, Texas Schmidt, AIA The following were in attendance: City of Lubbock: Lawrence Banks John Alford Dick Walker Architect: Howard Schmidt Mike Landress Contractors: C.B. Thompson, General John Hall, Painting Howard Riley, Mechanical Tad Toiand, Electrical The items listed below were observed and shall be rectified: 1. Paint on floor of north dressing area. 2. Touch up paint on masonry pidgeon holes. 249 JUN 12 1975 3. Install 5 area lights at the direction of the owner. 4. Set escutcheon on gas line. 5. Verify the ratings of the diving boards now in place to assure equivilance to "maxi -flex" as specified and change out as required. 6. Repair minor leak in supply line from pool heater. 7. Complete caulking of deck expansion joints. 8. Provide pull wires of P.A. system at owners' direction. 9. Provide 2 pairs of grab bars as specified. After consideration of all information presented, motion was made by Council- man 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 new pool at George Woods Park and that all of the 10% retainage be held until all of the items on the punch list are corrected. 75-34-249-516 Henry Huneke appeared before the City Council and presented the following (8) recommendations of the Park and Recreation Board: a. Consider Bid No. 3385 for library addition to the Garden and Arts Center. b. Consider an appropriation ordinance in the amount of $13,645 from Park Bond Funds for the addition to the Garden and Arts Center. C. Consider making an application to the General Serivices Administration for ten acres of surplus property near Reese Air Force Base. 75-34-249-517 The following bids were received for a library addition to the Garden and (8a) Arts Center, being Bid No. 3385. 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, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to accept the bid of Dipple and Montgomery Builders as recom- mended by the Park and Recreation Board. 75-34-249-518 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (8b) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7085 on first read ing. ORDINANCE NO. 7085 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: Park Bond Funds The sum $13,645 For the following purpose: General construction costs, architect fees and miscellaneous expenses for the library addition to the Garden and Arts Center building. 75-34-249-519 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion (8c) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to make an application to the General Services Administration for ten acres of surplus property near Reese Air Force Base. 75-34-249-520 Carl Cannon of the Transit Advisory Committee, appeared before the City (9) Council and presented recommendations of the Committee regarding the purchase of smaller buses for Lubbock's bus routes. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem West, Councilwoman Jordan and Councilman Henry voting Yea, Councilman Campbell voting Nay toaccept the recommendations ust��teTbrAnjjtt tUvk&IL2��ap�gIm ��ti�e a�d autotaj!Q i ds f for buses, twenty-four smaller usesW either gas or I e su Jec to speci Ica I ns, and to proceed with revisions, to modify and process through the State agency for transit assistance and then to UMTA in Washington, D.C. for approval and apply for grant; also, authorize the City Manager to execute any necessary changes in the grant application as required by UMTA. 75-34-249-521 Donald Peek, Jr., and David Atwell appeared before the City Council and (10) requested a waiver of the Zoning Ordinance regarding the sale of flowers on street corners. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, Mayor Pro Tem West voting Nay to deny this request and to ask Zoning 250 J Illy 12 1975 to come up with recommendations; not allow this waiver, but make suggestion that Mr. Peek and Mr. Atwell work with the Staff and explore the flea market idea and to look for a worthwhile location that is in the correct zone. 75-34-250-522 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (11) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7082 on second and final reading. ORDINANCE NO. 7082 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: STREET IMPROVEMENT BOND FUND The sum $16,451.85 For the following purpose: Sidewalk, curb and gutter betterment in CBD area. 75-34-250-523 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (12) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7078 on second and final reading. ORDINANCE NO. 7078 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. 1794-A: CHANGE LOTS 290,291,292 AND 361,362,363 FROM AN R-2 TO AN R-1 ZONING DISTRICT, AND CHANGE LOTS 293 THRU 298 FROM AN A-1 TO AN R-1 ZONING DISTRICT AS SHOWN ON THE PRELIMINARY PLAT OF RAINTREE ADDITION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-250-524 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (13) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7079 on second and final reading. ORDINANCE NO. 7079 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. 2004: CHANGE LOTS 204 THRU 210 FROM AN R-1 TO AN R-2 ZONING DISTRICT AS SHOWN ON THE PRELIMINARY PLAT OF SPANISH OAKS ADDITION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-250-525 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (14) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7080 on second and final reading. ORDINANCE NO. 7080 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. 1384-A: CHANGE BLOCKS 13 AND 14, ACUFF HEIGHTS ADDITION AND LOTS 2,3, AND 4 AND NORTH 60.5' OF LOTS 1, BLOCK 10, WILLIAM TUBBS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM M-2 TO AM ZONING DISTRICT. SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. 75-34-250-526 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (15) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting to pass Ordinance No. 7081 on second and final reading. ORDINANCE NO. 7081 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. 1998: CHANGE A TRACT OF LAND OUT OF SECTION 77, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO M-1 ZONING DISTRICT. SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-250-527 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (16) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry *NOTE: Ord. 7083 and Campbell voting Yea, none voting Nay to pass Ordinance No. 7083 on second amended by Ord. and final reading. Councilman Campbell asked a question regarding picking 7083-A dated up cats. In answer to this question, Al Couch, Director of Public Services, 8/11/83 1 251 JUN 12 19 � stated that it is city policy that cats are picked up only if ownership by the person requesting pickup, is verified. ORDINANCE NO. 7083 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY REPEALING THE PRESENT ARTICLES 1,11 AND III THEREOF AND ENACTING NEW ARTICLES I,lI,III AND IV IN LIEU THEREOF, PROVIDING AS FOLLOWS: PROVIDING FOR DEFINITIONS RELATING TO ANIMALS AND FOWLS; PROHIBITING 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 IMPOUNDMENT; 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. 75-34-251-528 NOTICE OF PUBLIC HEARING (17) NOTICE is hereby given of a Public Hearing to be held by the City Council of the City of Lubbock, Texas, at 11:00 A.M. on June 12, 1975, in the City Council Chambers in regard to application for operating assistance for mass transit under Section 5 of the National Mass Transportation Act of 1974. Project application and related documents are available for public inspec- tion in the Office of the City Secretary. /s/ Treva Phillips City Secretary -Treasurer In accordance with the above Notice of Public Hearing, hearing was held in regard to application for operating assistance for mass transit under Section 5 of the National Mass Transportation Act of 1974. Mayor Pro Tem West called for proponents and opponents to appear. No one came forward; whereupon, Mayor Pro Tem West announced that the hearing was closed. No action was taken. 75-34-251-529 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion (18} carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. Jolly Dyer, a HUD representative, appeared before the City Council and read letters regarding approval of this grant from Manuel Sanchez, Area Director for HUD, and from Gerald R. Ford, President of the United States. 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 COMMUNITY DEVELOPMENT BLOCK GRANT as offered by THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, in the amount of $5,328,000.00 for the Program Year from May 30, 1975, through May 29, 1976, 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 12th day of June, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 75-34-251-530 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, (19) 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 is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK the certification which appears on the "Authorized Signature Card for Payment Vouchers on Letter of Credit" in connection with the COMMUNITY DEVELOPMENT BLOCK GRANT, Project No. B-75- MC-48-0022, 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 12th day of June, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: I_ I r- - i n r __ -- __ r._ n ! ­ n «_ .__ _._ 252 J t1N 12 197 S 75-34-252-531 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (22) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7086 on first reading. ORDINANCE NO. 7086 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Traffic Signal Bond Fund The sum $4,033.00 For the following purpose: City's portion of cost for loop wire detectors installation under TOPICS Project. 75-34-252-532 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, (23) motion 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 Council has determined that it would be in the best interest to authorize the City of Lubbock to participate with the Urban Mass Transportation Administration of the U.S. Department of Transportation in the update and revision of the SIMPSON AND CURTIN Transit Study dated April, 1972, and to apply for assistance for such study from UMTA; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor is hereby authorized to make application for a technical studies grant from UMTA with the Steering Committee (Metropolitan Planning Organization) of Lubbock Urban Transportation Study, being the designated planning agency, and further authorizes the Mayor to accept such grant from UMTA in the event of its approval, and, THE City of Lubbock does hereby agree to provide matching funds for such technical studies which shall be in an amount not to exceed SIX THOU- SAND DOLLARS ($6,000.00), or 20% of the total study cost. Such matching funds shall be in cash or in -kind services. UMTA funds will not exceed TWENTY-FOUR THOUSAND DOLLARS ($24,000.00), or 80% of the total study cost. Passed by the City Council this 12th day of June, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 75-34-252-533 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (24) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to approve price and conditions of sale of Parcel 58-11-3 in the Guadalupe NDP Area to the Latin American Council of Christian Churches for a consideration of $1,100 to increase the lot size for landscaping. 75-34-252-534 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (25) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PROTIONS 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 improve- ment ordinances and resolutions and entered into contract with COMMERCIAL CONCRETE CONSTRUCTION COMPANY (G.W.O. 10,836) for the making and construc- tion of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: 25 JUN 12 East 1/2 of Frankford Avenue from its intersection with the centerline of 50th Street to its intersection with a line 30 feet North of the North Pro- perty Line of 49th Street (West Leg), known and designated as Sub -Unit Number 2 of Unit Number 2231. Part of 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. West 1/2 of Frankford Avenue from its intersection with a line 30.0 feet North of the North Property Line of 49th Street to its intersection with the centerline of 50th Street, known and designated as New Sub Division Unit Number 2017-27. AND WHEREAS, the improvements upon the said portions of the abovemention- ed alleys, streets and/or avenues have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 100836). 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, to release prepaid paving, and to refund surplus funds from prepaid paving. II. That the Mayor and City Secretary be, and they are hereby authorized 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 12TH DAY OF JUNE, 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. io,836 Accepted June 12, 1975 QUANTITIES S.Y. S.Y. Unit Paving L.F. Valley Sub -Unit Location 6" Base C & G Gutter 2231-2 The east half of Frankford 1,301.62 574.87 Avenue from Centerline of 50th Street to 30' N of NPL of 49th Street (W.side). 2231-3 Part of Frankford Avenue 179.02 21.11 from 15 feet N of NPL of 36th Street to 106.40 feet S of SPL of 41st Street. NS2017-27 The West Half of Frankford 1,417.78 Avenue from 30.0' North of the NPL of 49th Street to the centerline of 50th Street (paving only). TOTALS 2,898.42 574.87 21.11 COST ESTIMATE 2898.42 S.Y. Paving 6" Base 574.87 L.F. Curb & Gutter 21.11 S.Y. Valley Gutter COST DISTRIBUTION Unit & Contract Sub -Unit Cost 2231-2 $4,120. 2231-3 617.10 NS2017-27 3,048.23 TOTAL $7,786.01 @ $2.15 $6,231.60 @ $2.30 $1,322.20 @ $11.00 $ 232.21 CONTRACT COST$7,7 .O1 Property City Owner Cost Cost $ ,752.50 $631.82 0 617. 10 3,o48.23 0 $7, 00.73 - 1 .72 25 N 12 1975 Contract Cost $7,786.01 Less Previous Payments-2,264.97 Amount Due Contractor $5,521.0 Less Prepaid Payment-3,048.23 (NS2017-27) Balance from City to Commercial $2, 72. 1 (GWO 10,836 Payment Authoriza- Concrete tion) 75-34-254-535 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan (26) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION 0 A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGH- WAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: Public necessity exists that the following portions of streets, highways avenues and/or alleys in the City of Lubbock and along the bound- aries thereof, be improved as herein provided, to -wit: STREETS NAME FROM TO 777Wide) East l7th Street Oak Avenue Magnolia Avenue 59th Street Vicksburg Avenue Wayne Avenue Vicksburg Avenue 58th Street 59th Street Lehigh Street Utica Avenue Quinton Avenue Grinnell Street Utica Avenue Salem Avenue Fordham Street Utica Avenue Salem Avenue Quinton Avenue Marshall Street Lehigh Street Salem Avenue Lehigh Street Kemper Street Salem Avenue Harvard Street Erskine Street Toledo Avenue Ailey N. of Marshall St. Lehigh Street 55th Street York Avenue Slide Road 56th Street York Avenue Slide Road York Avenue 54th Street 57th Street (42'Wide) Utica Avenue Kemper Street Alley N. of Marshall Street Utica Avenue Harvard Street Erskine Street Marshall Street Utica Avenue Quaker Avenue Said portions of streets, highways and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a com- pacted caliche base, and by surfacing with four (4) course penetration type or 1-3/4" hot mix type asphaltic surface treatment. Alleys shall be im- proved by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS b The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective pro- perty and a part of the remaining cost of such improvements, after de- ducting the sums to be paid by the railways under sub -paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners thereof shall not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. ALLEY IMPROVEMENTS c The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above in the follow- ing manner: All property which has single family or two (2) family residen- tial usage on both sides of the alley to be improved shall be assessed for fifty (50%) of the cost of such improvements. Vacant property zoned for two (2) family residential purposes shall be assessed for fifty (50%) of the cost of such improvements. Property which has commercial or semi -commercial usage, and property used or vacant and zoned for three {3} or more family residential usage shall be assessed for ninety (90%) percent of the cost of such improvements. Where there is commercial or semi -commercial usage or zoning on one side of an alley, and single family residential usage and 0 Ell 255 JUN 12 1975 zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as speci- fied above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggre- gate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners theroef, a lesser amount not to exceed the benefits. (d) The remaining cost of said improve- ments after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereof, and against abutting property and the owners thereof under sub -paragraphs (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments. The first of which shall become due on or before 20 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street improvements and seven percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter and amendments thereto, now in force in this City, and in accord- ance with the provisions of Article 1105E Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. This Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 12TH DAY OF JUNE, 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 75-34-255-536 Motion was made by Councilman Henry, seconded by Councilman Campbell, (27) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7087 on first reading. ORDINANCE NO. 7087 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF THE STREET: A PORTION OF EAST 33RD STREET BETWEEN ELM AND GLOBE AVENUES IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION OF STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-255-537 Motion was made by Councilman Henry, seconded by Councilman Campbell, (28) 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 a Contract between the Atchison, Topeka and Santa Fe Railway Company and the City of Lubbock, Texas, for an Underground Power Line Crossing of the Atchison, Topeka and Santa Fe Seagraves District right of way at Mile Post 1+5132.6, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this 256 JUN 1 Z IS75 Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of June, 1975. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney THIS LICENSE, made as of the 20th day of May, 1975, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY. a Delaware corporation (hereinafter called "Santa Fe") and CITY OF LUBBOCK, (hereinafter whether one party or more called "Licensee"). Witnesseth, that the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. In consideration of the sum of One Hundred Fifty and No/100ths Dollars ($150.00) in hand paid by Licensee to Santa Fe, the receipt whereof is hereby acknowledged, and of the covenants and agreements of Licensee hereinafter set forth, and of the faithful performance by Licensee of the same, Santa Fe licenses and permits Licensee to construct, maintain and use an electric supply line containing a maximum of two (2) conductors across or along the premises of Santa Fe at or near the station of Lubbock, Lubbock County Texas, the kind and gauge of said conductors, the phase, frequency and voltage of the electric circuit carried thereon and the location of said electric supply line being more particularly shown upon the print hereto attached, No. DEOA-9870 dated May 13, 1975 marked "Exhibit A", and made a part hereof. For convenience, the said electric supply line, with all conductors and their supporting or containing structures in so far as they relate to said electric supply line upon said premises, is hereinafter called the "Electric Supply Line." 2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric Supply Line in strict accordance with the Specifications, for the time current, for Electric Supply Lines across or along Railway Property, adopted by the Electrical Section of the Association of American Railroads, or any successor agency, except where by statute or order of competent public authority a different type of construction or a different degree of maintenance is required or permitted, in which case such construction or maintenance shall be in strict accordance with such statute or order; provided, however, all materials and workmanship employed in the construction and maintenance of the Electric Supply Line shall be subject to the approval of Santa Fe. 3. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles and will at all times keep the space around such poles free of such material, and if removal of such combustible material shall not be attended to within fifteen (15) days after having been requested by Santa Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reimburse Santa Fe for the expense so incurred. 4. During construction and while repairing, renewing or changing the Electric Supply Line, Licensee shall exercise utmost and extraordinary diligence to the end that no damage shall occur to the property of Santa Fe, and that there shall be no interference with the operation of its railroad. Upon completion of the Electric Supply Line or after the making of any changes, repairs or renewals, Licensee shall at Licensee's own cost, restore said premises to their former state; and Licensee shall, within fifteen (15) days after receipt of bill therefor, pay to Santa Fe the entire cost incurred in employing watchmen or such other means of protection as in the judgment of Santa Fe may be required during the construction, maintenance, repair, renewal or changing of the Electric Supply Line. 5. If at any time during the term hereof Santa Fe shall desire to make any use of its property with which the Electric Supply Line will in any way interfere, including the relocation of existing or the construc- tion of new lines of poles, wires, conduits and other facilities in which it shall have an interest, Licensee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Santa Fe to such effect, make such changes in the Electric Supply Line as in the judgment of Santa Fe may be necessary to avoid interference with the proposed use of its property. b. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at any time to make such repairs, renewals or changes therein as it may deem necessary or desirable, and in the event Santa Fe shall decide to exercise such right, Licensee shall advance to Santa Fe the cost, as estimated by Santa Fe, of such construction, repair, renewal or change. If the actual cost incurred by Santa Fe in performing 25'7 JUN 12 196 such work shall prove more or less than the amount so advanced, the difference shall be promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa Fe may, at its election, advance the necessary moneys to cover such cost and in that case, Licensee agrees promptly upon demand to pay to Santa Fe all sums so advanced, with interest. 7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies operating over its tracks against, and shall pay in full, all loss, damage or expense that they, or any of them, may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the Electric Supply Line upon said premises, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 8. Since this license is made in part for the benefit of other companies operating over Santa Fe's tracks, any of said companies may sue to enforce the provisions hereof, either jointly or severally, as their interests may be joint or several. None of said companies nor the Santa Fe shall be liable for any damage, howsoever caused, to the Electric Supply Line, whether due to negligence or otherwise. 9. If Licensee shall at any time fail or refuse to comply with or carry out any of the covenants herein contained, and such failure or refusal shall continue for a period of thirty (30) days after written demand for such performance or compliance shall have been made upon Licensee by Santa Fe, Santa Fe may, at its election, without notice, forthwith revoke this license, and in case of such election, or upon any termination hereof, Licensee shall, upon request, forthwith remove the Electric Supply Line and restore said premises to the condition in which they were prior to the construction of the Electric Supply Line. In case Licensee shall fail to make such removal or restoration within thirty (30) days, Santa Fe may proceed with such work, and Licensee shall promptly repay to Santa Fe the cost thereof. No waiver by Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or held to be a waiver of the right to terminate the same for any subsequent default or defaults, but notwithstanding such waiver Santa Fe may terminate this license upon any subsequent default or defaults which may occur; nor shall any termination hereof release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or such later date when the Electric Supply Line may be removed and said premises restored as hereinabove provided. 10. Licensee shall at all times, at Licensee's own cost, maintain the most effective system and use the best known and most effective methods to protect the lines, wires, and service of Santa Fe and of any licensee of Santa Fe whose permission to use said premises antedates the license and permission herein to Licensee, from interference and physical hazard, and if necessary in order to prevent such interference or hazard, Licensee shall, at Licensee's own cost, transpose Licensee's circuits or make such changes in the construction or location of the Electric Supply Line as may be specified by Santa Fe. 11. In case of the eviction of Licensee by any one owning or claiming title to or any interest in said premises, or any part thereof, Santa Fe shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any moneys paid hereunder. 12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee or if deposited in the Post Office, postpaid, addressed to Licensee at P.O. Box 2000, Lubbock, Texas 79457. 13. In the event Licensee herein consists of two or more parties, all the covenants and agreements of Licensee herein contained shall constitute the joint and several covenants and agreements of such parties. 14. This license may be terminated by either party hereto upon One months' notice in writing to be served upon the other party, stating therein the day of the month that such termination will take place; and upon the expiration of the time specified in such notice this license, and all rights and privileges of Licensee thereunder, shall absolutely cease. This license shall terminate in any event immediately upon the death of the Licensee, if the sole Licensee is an individual. 15. This license shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns; provided, however, no assignment hereof by Licensee, Licensee's legal representative successors or assigns, nor any subsequent assignee, shall be binding upon Santa Fe without the written consent of Santa Fe in each instance, and at the option of Santa Fe this license shall be forfeited by any such voluntary assignment or by any assignment thereof by operation of law. IN WITNESS WHEREOF, the parties have executed this license in duplicate as of the day and year first above written. JUN 12 IS75 THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY APPROVED: BY /s/ K.C. May As to Description: Its Superintendent For AGM -Engineering Chief Eng. CITY OF LUBBOCK As to Sepcification: BY: ROY BASS, MAYOR Superintendent of CommunTc.ations 75-34-258-538 Motion was made by Councilman Henry, seconded by Councilman Campbell, (29) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7088 on first reading. ORDINANCE N0.7088 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 $2,445.00 For the following purpose: To purchase Miscellaneous steel pieces to modify Co-op and Vicksburg structures (P.O. #B-251) 75-34-258-539 Motion was made by Councilman Henry, seconded by Councilman Campbell, (30) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7089 on f i rst reading. ORDINANCE NO. 7089 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 $50,000.00 For the following purpose: To purchase miscellaneous materials and labor not specified elsewhere for the construction of McCullough Substation. 75-34-258-540 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion (31) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7090 on first reading. ORDINANCE NO. 7090 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 $20,000.00 For the following purpose: To purchase miscellaneous materials and labor to modify Co-op and Vicksburg Substations. 75-34-258-541 The City Council considered the Planned Use Report for Entitlement Period (32) 6 of General Revenue Sharing. Mayor Pro Tem West asked for people who would like to speak to come forward. No one came forward. After considerable discussion, motion was RR M b�rSOYPA Wlr pan Jordan, seconded by Councilman Henry, motion carried,/Co ncilwoman Jor ah, Councilmen Henry and Campbell voting Yea, none voting Nay to approve the Planned Use Report for Entitlement Period 259 JUN 1.2 1975 6 of General Revenue Sharing with the stipulation that the funds can be redistributed at a later date when more information is available. Mayor Pro Tem. West abstained from voting on item concerning purchase of electric dis- tribution system for Sand Hills Water Field. SUMMARY OF PROPOSED GENERAL REVENUE SHARING BUDGET ENTITLEMENT PERIOD 6 - July 1, 1975 to June 30, 1976 Revenues Entitlement 6 $2,349,621 .� Interest Earnings (Entitlement Priods 4,5,&6) 327,500 TOTAL REVENUE (Allocations and Interest Earnings) $2,677,121 Proposed Expenditures Public Safety $ 281,675 Public Transportation 448,000 Health 291,500 Multi -Purpose and General Government 1,655,946 TOTAL PROPOSED EXPEDITURES $2,677,121 _ PROPOSAL FOR GENERAL REVENUE SHARING ENTITLEMENT PERIOD 6 (July 1, 1975 to June 30, 1976) Revenue Entitlement 6 $2,349,621 Interest Earnings (Entitlement Periods 4,5,&6) 3271500 Total Revenue $2,677,121 Proposed Expenditures Public Safety 1. Police Training Facility Improvements $ 51,675 2. Capital Expenditures - Fire and Police 230,000 $ 281,675 Public Transportation 1. Annual Paving Program $ 150,000 2. Relocation of Overhead Electric Utilities (Tech Campus --Indiana) 3. Street Lighting (Tech Campus --Indiana) 4. traffic Signals (Tech Campus --Indiana) Health 1. Improvement of Solid Wast Collection 2. Sanitation Facilities Improvement Multi -Purpose and General Government 1. Purchase of Electric Distribution System Sand Hills Water Field 2. Expansion of Garage Facilities 3. Parking Facilities --Municipal Building 4. Capital Outlay--1975-76 Budget TOTAL PROPOSED EXPENDITURES 228,o0o 35,000 35,000 $ 448,000 128,000 163,5 $ 291,500 for 245,000 483,000 228,000 699,946 $1,655 946 $2 77 121 75-34-259-542 Motion was made by Councilman Campbell, seconded by Councilman Henry (33) 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 a LETTER OF AGREEMENT between the CITY OF LUBBOCK and the BUREAU OF RECLAMATION regarding the crossing of an aqueduct serving the CANADIAN RIVER MUNICIPAL WATER AUTHORITY by the Perimeter Road serving the new Air Terminal, 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 12th day of June, 1975. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CANADIAN RIVER PROJECT, TEXAS CONDITIONS UNDER WHICH THE UNITED STATES WILL NOT OBJECT TO A PERIMETER ROAD FOR LUBBOCK REGIONAL AIRPORT CROSSING THE AQUEDUCT, CANADIAN RIVER PROJECT, TEXAS THIS JOINT -USE AGREEMENT made this 12th day of June, 1975, pursuant to the Act of Congress of June 17, 1902 (32 Stat.388), and all acts amenda- tory thereof or supplementary thereto between the UNITED STATES OF AMERICA, hereinafter styled the "United States," represented by the officer executing this agreement, and the CITY OF LUBBOCK, TEXAS, hereinafter styled "City." 260 JUN 12 1 ',5 WITNESSETH THAT: WHEREAS, the City has requested permission to cross the aqueduct, Canadian River Project, Texas, with a perimeter road for Lubbock Regional Airport; and WHEREAS, use of the aqueduct right-of-way for the aforesaid purpose in the manner and under conditions hereinafter set forth will not be incompatible with the United States use of the right-of-way for construction, operation, and maintenance of the Canadian River Project. NOW, THEREFORE, for and in consideration for mutual agreements and covenants herein contained, the parties hereto agree as follows: 1. The United States hereby grants permission to the City to construct _ a perimeter road at the Lubbock Regional Airport, a portion of which will cross the aqueduct, Canadian River Project, Texas, at approximate station 8103+80 and in the manner as shown on Exhibit "A", attached hereto, and by this reference made a part hereof in accordance with the terms and conditions hereinafter set forth. 2. Construction and maintenance of the road crossing the aqueduct at the above -described station are subordinate and subject to prior aqueduct easement of the United States, acquired to carry out purposes of the Cana- dian River Project as the same are now or hereafter may be planned. 3. All rights of the United States and its successors and assigns to survey, construct, reconstruct, operate, maintain, and remove the road and all appurtenances thereto are reserved unto the United States. 4. The City shall design road crossing facilities necessary to pro- tect the Canadian River Project aqueduct from damages and shall submit designs to the Bureau of Reclamation for approval prior to construction. The City shall construct such facilities in accordance with the designs as approved. 5. The City releases the United States from all liability for loss or damage to the road at the point of intersection of the road and aqueduct resulting from construction, operations, or maintenance activities on be- half of the City. 6. The City shall advise the general manager of the Canadian River Municipal Water Authority in sufficient time to permit, if necessary, in- spection by said authority on behalf of the United States of construction work in progress and at completion of construction within the aqueduct right-of-way. IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be executed as of the day and year first hereinabove written. UNITED STATES OF AMERICA APPROVED: BY Regional Director, Southwest Reg. CANADIAN RIVER MUNICIPAL Bureau of Reclamation WATER AUTHORITY CITY OF LUBBOCK BY BY/s/ ROY BASS, MAYOR General Manager 75-34-260-543 Motion was made by Councilman Campbell, seconded by Councilman Henry, (34) 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 Change Order No. 2 to an AGREEMENT between the CITY OF LUBBOCK and KERR CONSTRUC- TION COMPANY to provide for field lighting circuits and controls for the new Control Tower and the construction of a perimeter road at the LUBBOCK REGIONAL AIRPORT, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall con- stitute and be a part of this Resolution as if fully copied herein in deta i 1 . Passed by the City Council this 12th day of June, 1975. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney See Change Order No. 2 in permanent Airport File. L. '2 1 .IUN 12 1975 0 75-34-261-544 Motion was made by Councilman Campbell, seconded by Councilman Henry, {35} 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 a Change Order No. 2 to the CONTRACT between the CITY OF LUBBOCK and PAGE AND WIRTZ CONSTRUCTION COMPANY to provide for the roof of the canopy area of the Air Terminal Building 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 12th day of June, 1975. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney PROJECT: Lubbock Regional Airport Terminal Building (name, address) Lubbock, Texas TO (Contractor) Page & Wirtz Constr. Co. P.O.Box 10402 Lubbock, Texas 79408 ARCHITECT'S PROJECT NO: 3-70-1 CONTRACT FOR: $5,798,219.00 CONTRACT DATE: September 13, 1973 You are directed to make the following changes in this Contract: At canopy roof (RE: Sections 14-D-2 and 7-D-2 Sim.) where contract docu- ments specify Tnemecrete over gypsum deck fill, omit the Tnemecrete and substitute the following: Two plies of fiberglas felt, mopped down, topped with gravel. Pro- vide metal edge at apronside of roof, and applied reglets with sufficient cant and flashing to insure waterproof installation. The original Contract Sum was ------------------------------ $ 5, 2 ,97 .00 Net change by previous Change Orders ----------------------- $ - 26,759.00 The Contract Sum prior to this Change Order was ------------ $ 5,798,219.00 The Contract Sum will be increased by this Change Order ----$ 4,198.00 The new Contract Sum including this Change Order will be --- $ 5,802,417.00 The Contract Time will be unchanged by ( 0 ) Days. The Date of Completion as of the date of this Change Order therefore is Unchanged. Whitaker & Hall Architects Page & Wirtz Const. Co. The City of Lubbock 2333 - 50th Street P.O. Box 10402 Lubbock, Texas Lubbock, Texas 79412 Lubbock, Texas 79408 By By /s/ Franklin P. Bottom ROY BASS, MAYOR May 29, 1975 May 30, 1975 June 12, 1975 75-34-261-545 Motion was made by Councilman Campbell, seconded by Councilman Henry, (36) 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 a Change Order No. 3 to the CONTRACT between the CITY OF LUBBOCK and PAGE AND WIRTZ CONSTRUCTION COMPANY to provide for relocation of wall and door opening in the new Air Terminal Building, 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 12th day of June, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, City Attorney A 262 3UN 12 1975 PROJECT: Lubbock Regional Airport Terminal Building (name, address) Lubbock, Texas TO (Contractor) Page & Wirtz Constr. Co. P.O.Box 10402 Lubbock, Texas 79408 ARCHITECT'S PROJECT NO: 3-70-1 CONTRACT FOR: $5,802,417.00 CONTRACT DATE: September 13, 1973 You are directed to make the following changes in this Contract: Relocate overhead door, personnel door, block walls, pipe guards, and plaster soffit in accordance with attached details. The original Contract Sum was----------------------------- 5, 2 ,97 .00 Net change by previous Change Orders ---------------------- $ - 22,561.00 The Contract Sum prior to this Change Order was ----------- $ 5,802,417.00 The Contract Sum will be increased by this Change Order ---$ 1,757.00 The new Contract Sum including this Change Order will be--$ 5,804,174.00 The Contract Time will be unchanged by ( 0 ) Days. The Date of Completion as of the date of this Change Order therefore is Unchanged. Whitaker & Hall Architects Page & Wirtz Const. Co. The City of Lubbock 2333 - 50th Street P.O. Box 10402 Lubbock, Texas Lubbock, Texas 79412 Lubbock, Texas 79408 By By /s/ Franklin P. Bottom By ROY BASS, MAYOR May 29., 1975 May 30, 1975 June 12, 1975 75-34-262-546 Paul King, of The Architects Group, appeared before the City Council re- (37) questing a Change Order with Page & Wirtz Construction Company for restora- tion of required emergency lighting system at the Civic Center. Mr. King recommended that the original emergency and exit light system be reinstated into the Project at a cost of $44,1148.83 by issuing this Change Order to the contract in this amount. He stated his fee would be'$2,428.19 or a total of $46,577.02. After considerable discussion, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, that the Change Order be authorized with the understanding that money be taken out of fund proposed for the opening of the Civic Center. After further discussion, Councilman Campbell withdrew his second; therefore, this motion died for lack of a second. Motion was then made by Councilwoman Jordan, seconded by Councilman Henry that the Change Order be authorized, money to be taken out of Revenue Sharing Funds. This motion was defeated by the following vote: Councilwoman Jordan and Councilman Henry voting Yea, Mayor Pro Tem West and Councilman Campbell voting Nay. Motion was made by Councilman Campbell that the Change Order be authorized to cover the cost of emergency I ighting system in the amount of'$46,577. This motion died for lack of a second. After further discussion, it was the general consensus of the City Council to hold this item until the June 26 meeting. 75-34-262-547 The City Council considered the claim of Cresencio Flores and wife, Eloisa (38) Flores in an uncertain amount of allege false arrest, trespassing, and medical expenses. After consideration of all information presented, 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 to deny this claim. 75-34-262-548 The following bids were received for the purchase of miscellaneous electric (39) items for warehouse stock, being Bid No. 3412. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 to accept the bid of Fields & Co. for the purchase of Items 1,2,3,5 and 6; accept the bid of Ticknor Sales Co., Arlington, for the purchase of Item 4; accept the bid of Nelson Electric Co. for the purchase of Item 7; accept the bid of Temple, Inc., for the purchase of Item 8. 75-34-262-549 The following bids were received for the purchase of miscellaneous water (40) valves for warehouse stock, being Bid No. 3417. Bid Tabulation set in Bid Book. 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 Western Industrial Supply, Amarillo, for the purchase of Item 1; accept the bid of M.B. McKee Co. for the purchase of Items 2,3 and 4. 75-34-262-550 The following bids were received for the purchase of 60 KV lightning (41) arresters for Electric Distribution, being Bid No. 3392 (for' Co-op and Vicksburg Substations. - 263 JON 12 1975 Bid Tabulation set in Bid Book. 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 C.B. Anderson Company, Amarillo, for the purchase of lightning arresters for Co-op and Vicksburg Substations. 75-34-263-551 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (42) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7091 on first reading. ORDINANCE NO. 7091 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 $4,095.00 For the following purpose: To purchase 60 KV lightning arrestors for Co-op and Vicksburg Substations as outlined in Bid No. 3392. 75-34-263-552 The following bids were received for the purchase of batteries and charger (43) for Electric Distribution, being Bid No. 3406. Bid Tabulation set in Bid Book. 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 Exide Power Systems, Dallas, for the purchase of batteries and charger for Electric Distribution. 75-34-263-553 Motion was made by Councilman Campbell, seconded by Councilman Henry, (44) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7092 on first reading. ORDINANCE NO. 7092 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 $3,668.000 For the following purpose: To purchase batteries for McCullough Substation as outlined in Bid No. 3406. 75-34-263-554 The following bids were received for the purchase of control cable for (45) Electric Distribution, being Bid No. 3420. 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 Nelson Electric Supply Company for the pur- chase of control cable for Electric Distribution. 75-34-263-555 Motion was made by Councilman Campbell, seconded by Councilman Henry, (46) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance 7093 on first reading. ORDINANCE NO. 7093 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain funds out of bond funds for an approved project; 26 SUN 1 z 19I5 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 $11,079.39 For the following purpose: To purchase control cables for McCullough Substation as outlined in Bid No. 3420. 75-34-264-556 The following bids were received for the purchase of oil circuit breakers (48) for Electric Distribution, being Bid No. 3426. 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 C.B. Anderson Company, Amarillo, for the purchase of oil circuit breakers for Electric Distribution. 75-34-264-557 Motion was made by Councilman Campbell, seconded by Councilman Henry, (49) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7094 on first reading. ORDINANCE NO. 7094 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 $58,500.00 For the following purpose: To purchase 69KV OCB's for Co-op and Vicksburg Substations as outlined in Bid No. 3426. 75-34-264-558 The following bids were received for lighting equipment for 13 various (50) parks, being Bid No. 3425. 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 Nunn Electric Supply Corporation for the purchase of Items 1,2 and 3; accept the bid of Southwestern Elec- tric Supply for the purchase of Item 4; accept the bid of General Electric Supply Company for the purchase of Items 5,6,7,8,9 and 10. 75-34-264-559 The following bids were recieved for the purchase of dry chemical extin- (51) guishing compound for the Fire Department, being Bid No. 3432. 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 S.G.&E. Fire & Safety Equipment Co., Odessa, for the purchase of dry chemical extinguishing compound for the Fire Department. 75-34-264-560 The following bids were received for the removal and storage of abandoned (52) vehicles for the Police Department, being Bid No. 3424. 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, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to accept the bid of Farley Sales and Wrecking for removal and storage of abandoned vehicles for the Police Department. Of JUN 12 it r r 75-34-265-561 The following bids were received for the purchase of 2,150-3 cubic yard (53) side loading refuse containers for the Sanitation Department, being Bid No. 3430. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 to accept the bid of Dempster Southwest Company, Houston, for 2,150-3 side loading refuse containers for the Sanitation Department from revenue sharing. 75-34-265-562 The following bids were received for construction of Airport security (54) fencing at the Lubbock Regional Airport. CITY OF LUBBOCK, TEXAS TABULATION OF BIDS BID DATE: JUNE 9, 1975, 2:00 P.M. DST LUBBOCK REGIONAL AIRPORT SECURITY FENCING ADAP PROJECT NO. 8-48-9138-07 CONTRACT NO. 1 CONTRACTOR TOTAL BID Anchor Post Products 1110 N. Post Oak Houston, Texas 77008 $163,695.75 Cyclone Fence Sales U.S. Steel Supply P.O. Box 5466 Arlington, Texas 76011 Engineer's Estimate $114,810.56 $171,952.00 After consideration of all bids received, 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 to accept the bid of Cyclone Fence Sales, Arlington, for the construction of security fencing at Lubbock Regional Airport. 75-34-265-563 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, (55) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to appoint W.R. Collier to the Electric Utilities Board to replace E.K. Hufsteadler. This is a four year term and will expire June 30, 1979- 75-34-265-564 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, (56) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to appoint Tom Purdom to the City -County Child Welfare Board to replace J.R. Blumrosen who declined to serve. This term expires December 31, 1978. 75-34-265-565 The City Council considered an amendment to a Street Use License for (57) Southwestern Bell Telephone Company (Avenue N and Broadway). After con- sideration of all information presented, 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 this amendment be accepted subject to approval by the Legal Department and that it is the intent of the Council to allow South- western Bell to self insure. Set in Copy of Amendment. 75-34-265-566 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (58) motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay that the following resolu- tion be passed. RESOLUTION ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT BE IT RESOLVED by the Mayor and City Council of the City of Lubbock, Texas (hereinafter termed "City"): SECTION 1. That the City, acting through its Mayor and City Council, hereby accepts the Grant Offer as made by the Acting Chief, Albuquerque Airports District Office, Southwest Region, Federal Aviation Administration, under date of June 9, 1975, for the purposes therein set out; that said City hereby accepts all of the terms, conditions, and obligations therein and thereby imposed, and by acceptance of same does ratify the Project Application, and acknowledge such instruments as constituting a solemn and binding agreement with the United States Government for the purposes of 266 Un 1z 1915 obtaining Federal aid in the development of the Lubbock Regional Airport, and that a copy of such agreement is attached hereto, incorporated herein by reference, and made part hereof as though set forth at length herein. SECTION 2. That the Mayor of the said City is hereby authorized and directed to evidence the City's agreement by affixing his signature to such agreement, which is hereby executed in sextuplicate, and the City Secretary -Treasurer is hereby authorized to attest said execution. SECTION 3. For the preservation of the public peace, health and safety, an emergency is hereby declared to exist by reason whereof this Resolution shall be in full force from and after its passage and approval. PASSED, APPROVED, AND ADOPTED by a majority vote of the City Council of the said City and approved by me this 12th day of June, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0, Senter, Jr., City Attorney See Grant Agreement in Airport File. 75-34-266-567 Motion was made by Councilwoman Jordan, seconded by Councilman Henry,'motion (20) carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to remove Zone Case No. 1840 from the table and reconsider. J.R. Blumrosen appeared before the City Council and stated that this tract of land is presently zoned "C-3" and requesting that it be changed to "C-2" with added uses. Pat Melton appeared and stated they would prefer "C-3" zoning under the proposed revision of the Zoning Ordinance, but could take existing "C-2". After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to overrule the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7095 on first reading changing this property to "C-2" zoning limited to the following uses: 1. Any use conditionally or unconditionally permitted in the preceding "R ", "A-1", "A-2" or "C" Districts. 2. Row dwellings or townhouses provided property is platted and all the provisions of Section 7.1-4-2, 7.1-4-3, and 7.1-4-4 of the Zoning ordinance are complied with. 3. Antique, ceramic, gift, and florist shops. 4. Bowling Alley. 5. Hardware store 6. Furniture store, new. 7. Skating Rinks. 8. Theater and motion picture show. 9. Tennis Courts. 10. Miniature golf. ORDINANCE NO. ' 7095 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. 1840: CHANGE A TRACT OF LAND TO BE KNOWN AS TRACT A, MELONIE PARK SOUTH ADDITION FROM A "C-3" TO A 11C-2" ZONING DISTRICT; SUBJECT TO A CONDITION; PROVI-DI-N1Gr A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. NO FURTHER BUSINESS COMING UP FOR CONSIDE ION THE CITY COUNCIL AD- JOURNED FROM REGULAR MEETING, June 12, 1975. rc Y ATTEST: ROY BA. S, MAYOR Treva Phillips, Cit Secretary -Treasurer READ AND APPROVED THIS THE 26th day of June, 1975. ATTEST: ROY BASS, MAYOR r t Treva Phillips, Ci 0 Secretary -Treasurer El 1L� C Ll