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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/24/197512 JUL 2 4 1976 REGULAR CITY COUNCIL MEETING JULY 24, 1975 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, City Manager N.B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 75-34-312-688 The invocation was given by Mayor Roy Bass. (1) 75-34-312--689 The Pledge of Allegiance to the Flag was given in unison by those present in (2) the Council. Chamber. 75-34-312-690 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (3) carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to approve City Council. Minutes - Regular Meeting held July 10, 1975. Councilman Henry was absent at the time of this motion. 75-34-312-691 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (3a) motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay that the City Council Minutes of June 12, 1975, be corrected by adding Item No. 58a, regarding Airport policy. Councilman Henry was absent at the time of this action. Item 58a will read as follows: "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 that no contract be made in contravention of policy of cost of living increase and that no contract for T-hangars be made for more than one year." 75-34-312-692 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion (6) carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, none voting Nay that the following resolution be pass authorizing Change Order No. 9 with Page and Wirtz Construction Company for the relocation of the Central Process- ing Unit in the Civic Center. Paul King of The Architects Group, appeared in regard to this item. Councilman Campbell abstained from voting on this item. 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. 9 to the General Construction Contract between the CITY OF LUBBOCK and PAGE & WIRTZ CONSTRUCTION COMPANY for the LUBBOCK MEMORIAL CIVIC CENTER, this Change Order providing for the relocation of the Central Processing Unit, attached herewith which shall be spread upon the minutes of the Council and shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of July, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney CHANGE ORDER PROJECT: LUBBOCK MEMORIAL CENTER CHANGE ORDER NUMBER: 9 (name, address) Lubbock, Texas (Third Change Order to PART I) TO (Contractor PAGE & WIRTZ ARCHITECT'S PROJECT NO. PART I CONSTRUCTION CO. CONTRACT FOR: GENERAL CONSTRUCTION P.O. BOX 10402 PART I - LUBBOCK MEMORIAL CENTER LUBBOCK, TEXAS 79408 LUBBOCK, TEXAS CONTRACT DATE: February 8, 1974 You are directed to make the following changes in this Contract: Re -locate the Control Center Console from Control Room P-105 at the Central Plant to Office E07 in the Lower Level of the Exhibit Hall as described in the Attachment to this Change Order No. 9 titled "ATTACH- MENT TO CHANGE ORDER NO. 9 FOR LUBBOCK MEMORIAL- CENTER - PART I, LUBBOCK, TEXAS and dated July 23, 1975. -------------------------------------------------------------------------------- The original Contract Sum was ---------------------------------- $ 8,994,852.00 Net change by previous Change Orders --------------------------- $ 44,148.83 The Contract Sum prior to this Change Order was ---------------- $ 9,039,000.83 The Contract Sum will be increased by this Change Order -------- $ 12,894.20 The new Contract Sum including this Change Order will be ------- $ 9,051,895.03 The Contract Time will be unchanged by ( NONE ) Days. The Date of Completion as of the date of this Change Order therefore, is March 3, 1977. 31; ,JUL 2.1 1975 r THE ARCHITECTS GROUP PAGE & WIRTZ CITY OF LUBBOCK, TEXAS 1706 - 14th Street P.O. BOX 10402 P.O. BOX 2000 Lubbock, Texas 79401 Lubbock, Texas 79408 Lubbock, Texas 79457 BY/s/ E. Paul King /s/Glenn H. Thomson /s/ ROY BASS, MAYOR July 23, 1975 July 23, 1975 July 24, 1975 Re -Location of Control Center Console The following information, re -location and additional functions all refer to the centralized control and data acquisition system as shown on the drawings and as specified in MECHANICAL AND ELECTRICAL SPECIFICATIONS FOR PART I - LUBBOCK MEMORIAL CENTER FOR THE CITY OF LUBBOCK, TEXAS, Section 15c HEATING AND AIR CONDITIONING - PART I, 15c.33 AUTOMATION (Alternate No. 1), pages 64 through 72 inclusive and all existing addenda thereto: 1. Re -locate the Control Center Console from Control Room P-105 at the Central Plant to Office E07 in the Lower Level of the Exhibit Hall. 2. The following additional functions shall be provided for monitoring equipment in the Central Plant: MONITORED EQUIPMENT REMOTE FUNCTIONS PROVIDED Chillers (3) Start -Stop W COS Alarm Hi -Pressure Alarm Motor Temperature Boilers (2) Hand -Off Auto W/COS Alarm Intercom Hi -Pressure Alarm Low -Pressure Alarm Pumps (5) Start -Stop W/COS Alarm Room P-108 Temperature Indication Hi Temperature Alarm Heating Unit CP-1 Start -Stop W/COS Alarm Boiler Room Fan #CP-2 Start -Stop W/COS Alarm It shall be the responsibility of this contractor to interface the monitoring or manipulation operations for these items of equipment with the Control Center Console. This contractor shall be liable for any costs incurred or damages arising from interfacing and interconnecting with the Control Center Console. 3.4,"cUnder this Change Order, all of the requirements of the Specifications, Section 15c, paragraph 15c.33 AUTOMATION (Alternate No.l), hereinbefore referred to, shall remain in full force and shall apply to all changes in location of the Control Center Console and all interfacing and in- terconnecting of the additional fuctions, required for equipment in the Central Plant, with the Control Center Console. 4. All wiring changes under this Change Order shall be the sole responsi- bility of this contractor. THE ARCITECTS GROUP PAGE & WIRTZ CITY OF LUBBOCK CONSTRUCTION COMPANY /s/ E. Paul King /s/ GLENN H. THOMPSON /s/ ROY BASS, MAYOR July 23, 1975 July 23, 1975 July 24, 1975 75-34-313-693 Councilman Dirk West abstained from voting on this item. (7) The City Council considered the passage of Ordinance No. 7110 on second reading amending Chapter 11 of the Code of Ordinances entitled "Electricity" by amend- ing Chapter 11 of the Code of Ordinances entitled "Electricity" by amending Section 11-1 providing for a fuel cost adjustment and providing for rates for all classes of electric service. Mrs. Alice Phillips, 2002 5th St., appeared regarding charges to apartment tenants. Roger Hoffman, owner of the Granada Apartments appeared in regard to rates to apartments. After discussion of this item, motion was made by Councilman Henry that this item be tabled for one week in order to (1) ask that the Staff be empowered to employ outside rate consultant to review the figures that have been presented to the City Council, that it would be advisable to get outside information; (2) to look into percentage of contribution of Lubbock Power and Light to the general fund of the City and to look at any other alternatives. This motion died for lack of a second. Carroll McDonald of Southwestern Public Service Company, Bill Wood Director of Utilities for the City of Lubbock, Sterling Miller, Director of Finance, and Ervin Looney, Internal Auditor, appeared before the City Council in regard to this ordinance. After further discussion, motion was made by Councilman Henry to defer action on this item for one week to look at alternative rate structure. This motion died for lack of a second. Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay that this item be tabled until 10:00 a.m., July 26, 1975, at which time a Special City Council Meeting is called. 75-34-313-694 At this time, Councilman Campbell introduced the following resolution: (7a) RESOLUTION WHEREAS, during the past two years, wellhead prices of natural gas in Texas have increased at alarming rates, WHEREAS, there have been strange and disturbing developments such as widely published problems of United, Lo-Vaca, and other gas companies, AND WHEREAS, no regulatory control of wellhead prices is provided by 4 J, 2 4 Isis State Law; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Honorable John Hill, Attorney General of the State of Texas, is hereby requested to investigate uncontrolled and excessive increases in wellhead prices of natural gas charged by gas producers to gas utility com- panies opertaing within this State, under the authority of Consumer Protec- tion laws of the State of Texas. Passed by the City Council this 24th day of July, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay that the above resolution be adopted. Councilman West abstained from voting on this item. 75-34-314-695'. Motion was made by Councilman West, seconded by Councilman Campbell, motion (8) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7111 on second and final reading. ORDINANCE NO. 7111 AN ORDINANCE ABANDONING AND CLOSING A UTILITY EASEMENT LOCATED IN PART OF LOT 1, NAZARENE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 75-34-314-696 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion (9) 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 Quitclaim Deed in favor of FIRST CHURCH OF THE NAZARENE, INC., OF LUBBOCK, Lubbock County, Texas, a Corporation and religious body, 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 detail. Passed by the City Council this 24th day of July, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100 DOLLAS ($1.00) and other good and valuable consideration to it in " hand paid by FIRST CHURCH OF THE NAZARENE, INC. OF LUBBOCK, Lubbock County, Texas, a Corporation and religious body, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said Grantee, all its right title and interest in and to that certain tract or parcel of land lying and being situtated in the County of Lubbock, State of Texas, described as follows, to -wit: The 20.00 foot utility easement in Lot 1, Nazarene Addition to the City of Lubbock, Lubbock County, Texas, said easement having been dedicated by plat and recorded in Volume 545, Page 449 of the Deed Records of the Lubbock County, Texas, Clerk on or about September 11, 1954. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Grantee, its successors and assigns forever, so that neither the Grantor, City of Lubbock, its successors, or assigns, nor any person claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. This quit- claim only covers the interst and real estate abovedescribed, and all other interest and rights of the City of Lubbock not specifically quitclaimed 310. JUL 24 197, herein by this instrument are hereby retained by said City. WITNESS MY HAND AT LUBBOCK, TEXAS this 24th day of July, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 75-34-315-697 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion (10) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION 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 in favor of United Way of Lubbock, Incorporated for the construction and improvement of a Day Care Center and Well Baby Clinic, 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 24th day of July, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS, AND THE UNITED WAY OF LUBBOCK, INC. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THIS agreement made and intered into by and between the CITY OF LUBBOCK, TEXAS, a Homerule Municipal Corporation (hereinafter called "CITY") and the UNITED WAY OF LUBBOCK, INC. (hereinafter called the "UNITED WAY"). WITNESSETH: WHEREAS, the CITY is obligated to do and perform certain services in its undertaking of a Community Development Program pursuant to the Housing and Community Development Act of 1974; and WHEREAS, the UNITED WAY is a non-profit corporation having its principal office in the City of Lubbock, Lubbock County, Texas; and WHEREAS, the CITY desires to contract with the UNITED WAY to provide and do certain activities pursuant to the Housing and Community Development Act of 1974 and the related rules and regulations of the Department of Housing and Urban Development, and the UNITED WAY is willing to carry out such activity; NOW THEREFORE, the CITY and the UNITED WAY do hereby mutually agree as follows: I The UNITED WAY agrees to perform and do such improvements and construction as may be necessary to provide a Neighborhood Facility for public purposes, to -wit: A Well Baby Clinic and Day Care Center, on the real estate as des- cribed in a LEASE AGREEMENT entered into the 24th day of April, 1975 by and between the CITY and the UNITED WAY and replatted to bear the following descrip- tion to -wit; Lot 1, Block 21, Guadalupe Addition to the City of Lubbock, Lubbock County, Texas. The UNITED WAY further agrees that the Community Development Coordinator and all other appropriate members of the CITY staff will be invited to attend any and all discussions and/or planning sessions between the UNITED WAY and the Architect retained by the UNITED WAY to design and construct the aforementioned Neighborhood Facility to House a Well Baby Clinic and Day Care Center; that all such members of the CITY staff shall be solicited for their comments and questions in regard to such decissions and/or planning sessions and that any such comments or questions be taken under consideration in formulating final plans for the design and construction of the Neighborhood Facility. It is understood and hereby agreed that the UNITED WAY shall not deny benefits of the Neighborhood Facility to or discriminate against any person on the grounds of race, color, religion, age, sex or national origin. The UNITD WAY agrees to carry out the agreed activities within the approved budget, and amendments thereto; and re -asserts any and all agreements with the CITY under the LEASE AGREEMENT entered into the 24th day of April, 1975. The UNITED WAY agrees to comply with and will maintain the appropriate HUD required records proving compliance with all applicable regulations, policies and requirements promulgated by the Department of Housing and Urban Development Pursuant to the Housing and Community Development Act of 1974. The UNITED WAY agrees to provide a good faith effort to achieve the goals of the Community Development AFFIRMATIVE ACTION PLAN FOR SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968, attached hereto and made a part hereof as Exhibit A; to develop and and subsequently submit an Affirmative 31s JL n 1975 Action Plan to the Community Development Department and to accept the obliga- tions with respect to the regulations as set forth in 24 CFR Part 135. The UNITED WAY further agrees to convene a pre -construction conference to include representatives of the Department of Housing and Urban Development, the CITY, the UNITED WAY and the Subcontractor to review, among other things, all obligations of the CITY, the UNITED WAY and its Subcontractors with respect to Executive Order 11246, and to assure that the equal opportunity requirements to Executive Order 11246 are fully understood. II. The CITY hereby designates and authorizes the UNITED WAY to carry out all such improvements and construction as may be necessary to provide the aforementioned public facility. The CITY agrees to provide funds in the amount of $197,450 for the purpose of performing the activities herein agreed upon; Payments shall be made by the CITY incrementally as costs are incurred by the UNITED WAY and upon submission and approval of a request for funds from the UNITED WAY; Provided, that the CITY'S provision of such funds is wholly contingent upon the CITY'S receipt of such funds from the Department of Housing and Urban Development. It is further agreed that the UNITED WAY shall submit at such times and in such form as the CITY may require such statements, records, data and information as the CITY may request pertaining to matters covered by this agreement. III. The UNITED WAY agrees and is hereby bound in the execution of the activities authorized by this agreement by the requirements and provisions as set forth in Exhibit B identified as Part II - Terms and Conditions, Funding Agreement Community Development Block Grant Program, consisting of nine (9) pages attached hereto and by this reference is made a part hereof for all intents and purposes. EXECUTED this 24th day of July, 1975. CITY OF LUBBOCK, TEXAS ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary --Treasurer THE UNITED WAY OF LUBBOCK, INC. ATTEST: Secretary APPROVED AS TO FORM AND LEGALITY: /s/ Fred 0. Senter, Jr., City Attorney 75-34-316-698 The City Council considered the appointment of alternate members to the Tax (35) Board of Equalization. After consideration of all information presented, 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 to pass Ordinance No. 7123 as an emergency measure. ORDINANCE NO. 7123 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK BY AMENDING SECTION 30-14 THEREOF; PROVIDING FOR A TAX BOARD OF EQUALIZATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. 75-34-316-699 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion (35a) 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 an AMEND- MENT to an AGREEMENT FOR TAX ASSESSMENT AND COLLECTION between the CITY OF LUBBOCK and the LUBBOCK INDEPENDENT SCHOOL DISTRICT, 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 24th day of July, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred O. Senter, Jr., City Attorney AMENDMENT TO AGREEMENT FOR TAX ASSESSMENT AND COLLECTION THE STATE OF TEXAS X COUNTY OF LUBBOCK X WHEREAS, the LUBBOCK INDEPENDENT SCHOOL DISTRICT and the CITY OF LUBBOCK, entered into an agreement dated June 14, 1961, amended May 21, 1963, whereby the School District contracted with the City of Lubbock for the City Tax 31 1 75-34-317-700 II75-34-317-701 (12) M" JUL 24 1975 Assessor -Collector to assess and collect taxes for the District; and, WHEREAS, the School District and the City desire to amend such contract; WITNESSETH: THAT Paragraph Two (2) of the Agreement entered into between the Lubbock Independent School District and the City of Lubbock dated June 14, 1951, amended May 21, 1963, is hereby amended by adding thereto a paragraph which shall read as follows: The City and the District agree that both the City and the District shall each appoint all of the members of a Tax Board of Equalization which shall have the authority vested in it by law to equalize the tax assessments made against all taxable property within the City of Lubbock and the Lubbock Independent School District. Such Tax Board of Equalization shall consist of eighteen members with the provision that all of such Board members shall be appointed by the City Council of the City of Lubbock and the Board of Trustees of the Lubbock Independent School District. EXECUTED this 24th day of July, 1975. LUBBOCK INDEPENDENT SCHOOL DISTRICT ATTEST: President, Board of Trustees APPROVED: CHARLES COBB, Attorney for Lubbock Independent School District CITY OF LUBBOCK ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr., City Attorney Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7124 on first reading. ORDINANCE NO. 7124 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY REPEALING CHAPTER 25- A THEREOF RELATING TO PORTABLE SIGNS, PROVIDING A SAV- INGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LIGSTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvemeftt ordinances and resolutions and entered into contract with Commercial Concrete. Construction Company (G.W.O. 10,836 &A) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following; East Broadway from its intersection with (a line) 6.00 feet East of the East property line of Holly Avenue (North Leg) to its intersection with (a Line) 13.00 feet East of East property Line of June Avenue known and designated as Sub -Unit Number 12 of Unit Number 2229. East 14th Street from its intersection with (a Line) 12.00 feet East of West property line of Guava Avenue to its intersection with (a line ) 14.00 feet East of the West property line of June Avenue known and designated as Sub -Unit Number 20 of Unit Number 2229. East 15th Street from its intersection with (a line) 13.00 feet East of East property line of Ironwood Avenue to its intersection with (a line) 30.00 feet East of West property line of Keel Avenue known and designated as Sub -Unit Number 26 of Unit Number 2229. West 1/2 of Keel Avenue from its intersection with (a line) 15.00 feet North of North property line of East 15th Place to its intersection with (a line) 13.00 feet North of North property line of East 15th Street known and designated as Sub -Unit Number 27 of Unit Number 2229. North 1/2 of East 15th Place from its intersection with (a line) 13.00 feet East of East property line of June Avenue to its intersection with (a line) 30.00 feet East of West Property line of Keel Avenue known and designated as Sub -Unit Number 28 of Unit Number 2229. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been con- structed in accordance with terms of said contract (G.W.O. 10,836 & A). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: 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 Engin- eer be and he is hereby authorized to direct payment of the City's portion of the cost. IUL 2 4 1975 II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements where such assessments were levied. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF JULY, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Fred 0., Senter, Jr., City Attorney /s/ Wilford D. Watson, City Engineer CONSOLIDATED FINAL ESTIMATE GWO 10,386 & A Accepted July 24, 1975 QUANTITIES S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Valley Sub -Unit Location 6" Base C & G Return Gutter 2229-12 East Broadway from 6' E. of EPL of2009.38 1307.90 Holly Ave. (N. Leg) to 13'E of EPL of June Ave. 2229-20 E. 14th St. from 12' E. of WPL of 8065.58 3917.40 52.54 Guava Ave. to 14' E. of WPL of June Ave 2229-26 E. 15th St. from 13' E. of EPL 4961.14 2535.20 of Ironwood to 30' of WPL of Keel Ave. 2229-27 W. 1/2 of Keel Ave. from 15'N of 497.76 245.72 22.42 NPL of E. 15th P1. to 13' N. of NPL of E. 15th St. 2229-28 N. 1/2 of E. 15th Pl. from 13' E. 1398.35 616.10 of EPL of June Ave to 30' E. of WPL of Keel. TOTAL 17823.21 8622.32 22.42 52.54 COST DISTRIBUTION Unit & Sub -Unit Contract Cost City Cost Property Owner Cost 2229-12 $ 9243.99 $ 1208.97 8035.20 2229-20 26928.96 144.96 26784.00 2229-26 16497.41 - 1358.59 17856.00 2229-27 1881.96 425.40 1456.56 2229-28 4423.48 - 40.52 4464.00 TOTALS $58975.80 $ 380.04 $58595.76 TOTAL CONTRACT COST $58,975.80 LESS PREVIOUS PAYMENTS - 5,520.57 AMOUNT DUE CONTRACTOR $53,455.23 COST ESTIMATE $17,823.21 S.Y. Paving 6" Base @$ 2.15 $38,319.90 $ 8,622.32 L.F. Curb & Gutter @$ 2.30 $19,831.34 $ 22.42 S.Y. Alley Return @$11.00 $ 246.62 $ 52.54 S.Y. Valley Gutter @$11.00 $ 577.94 CONTRACT COST $58,975.80 75-34-318-702 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion (13) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize the City Staff to proceed with preparing a formal engineering service contract with Freese and Nichols for a surface water investigation, to be presented to the Council at the August 14, 1975, City Council Meeting. 75-34-318-703 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (14) 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 an amendment to Gas Line Land Use Permit Agreement with Pioneer Natural Gas Company, 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 24th day of July, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: 31 19- AMENDMENT 'TO 'GAS LINE' LAND USE' PERMIT AGREEMENT THE STATE OF TEXAS X COUNTY OF LUBBOCK X WHEREAS, the CITY OF LUBBOCK, a Texas Home Rule Municipality, herein called "CITY", and PIONEER NATURAL GAS COMPANY, a Corporate Public Utility Company, herein called "PERMITTEE", entered into a GAS LINE LAND USE PERMIT AGREEMENT dated February 13, 1975, of record in Minute Book 34, Pages 73-75 �-* (inclusive) of the minutes of the City Council of the City of Lubbock, in reference to which record is hereby made for all pertinent purposes; and, WHEREAS, the parties hereto desire to amend the legal description of the land involved in said agreement as hereinafter set forth; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the legal description contained in Section 1 of the Agreement herein - above which reads as follows: A 40.00 foot gas line easement for Pioneer Natural Gas Co. out of Section 18, Block A, described as follows: BEGINNING at a point in the east line of Section 18, Block A which bears north 3015.64 feet from the southeast corner of this section; THENCE North 56057' West a distance of 710.9 feet to a point; THENCE North 33005' East a distance of 40.0 feet to a point; A THENCE South 56*57' East a distance of 689.1 feet to a point; THENCE South a distance of 47.74 feet to the POINT OF BEGINNING. BE AND THE SAME IS HEREBY AMENDED TO READ HEREAFTER AS FOLLOWS: A 60.00 foot gas line land use permit for Pioneer Natural Gas Company out of Section 18, Block A, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the east line of Section 18, Block A, which bears north 3015.64 feet from the southeast corner of this section; THENCE North 56057' West a distance of 710.9 feet to a point; THENCE North 33005' East a distance of 60.00 feet to a point; THENCE South 56057' East a distance of 671.9 feet to a point; THENCE South a distance of 71.6 feet to the POINT OF BEGINNING. SAID agreement as hereby amended is hereby ratified and confirmed, and shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day and year first above written. CITY OF LUBBOCK ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer ACCEPTED: PIONEER NATURAL GAS COMPANY BY ATTEST: Secretary APPROVED AS TO FORM: /s/ Fred O. Senter, Jr., City Attorney 75-34-319-704 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (15) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7125 on first reading. ORDINANCE N0. 7125 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN PART OF LOT 26, MELONIE GARDENS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 75-34-319-705 Motion was made by Councilmen West, seconded by Councilwoman Jordan, motion (16) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, certain real property owned by the United States, located in the County of Lubbock, State of Texas, has been declared surplus and at the dis- cretion of the General Services Administration, may be assigned to the Secretary of the Interior for disposal for public park or recreation purposes, under the provisions of Section 203(k) (2) of the Federal Property and Administrative Services Act of 1949 (63 Stat. 387), as amended, and rules and regulations promulgated pursuant thereto, more particularly described as follows: BEGINNING at northwest corner of southwest 1/4 section two (2) block D6 320 IL 24 1975 of Lubbock County, Texas, Thence east 660 feet, thence south 660 feet, thence west 660 feet, thence north 660 feet to Point of Beginning. Containing ten (10) acres. Deed recorded and corrected in 1950. Lubbock County, Texas. GSA Control Number D-TEX-538-AA. Recorded in Vol. 417, pg. 423, WHEREAS, the City of Lubbock needs and will utilize said property in perpetuity for a public park or recreation area as set forth in its application and in accordance with the requirements of said Act and the rules and regula- tions promulgated thereunder; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock shall make application to the Secretary of the Interior for and secure the transfer to it of the above mentioned property for said use upon and subject to such exceptions, reservations, terms, covenants, agreements, conditions and restrictions as the Secretary of the Interior, or his authorized representative, may require in connection with the disposal of said property under said Act and the rules and regulations issued pursuant thereto; and BE IT FURTHER RESOLVED that the City of Lubbock, has legal authority, is willing and is in a position to assume immediate care and maintenance of the property, and that ROY BASS, Mayor, BE and he is hereby authorized, for and on behalf of the City of Lubbock, to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making, and filing of plans, applications, reports, and other docu- ments, the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, including the filing of copies of the application and the conveyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or cost incurred in connection with the transfer of said property for survey title searches, recordation or instruments, or other costs identified with the Federal surplus property acquisition. Passed by the City Council this 24th day of July, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 75-34-320-706 Motion was made by Councilwoman Jordan, seconded by Counciman West, motion (17) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve travel for the Council as follows: Mayor Bass trip to El Paso; Mayor and Council Members, City Manager and Director of Finance.. to New York City for bond trip, August 11. 75-34-320-707 City Attorney Fred O. Senter, Jr., requested that action on claims against (18) the City be deferred. It was the general consensus of the Council to defer action on these claims until a later date. 75-34-320-708 The following bids were received for the purchase of cast iron pipe for ware- (19) house stock, being Bid No. 3488. 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 Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Industrial International, Inc., for the purchase of cast iron pipe for warehouse stock. 75-34-320-709 The following bids were received for the purchase of precast manhole material (20) for warehouse stock, being Bid No. 3494. 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 Bass, Council- men West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Gifford -Hill Pipe, Amarillo, for the purchase of precast manhole material for warehouse stock. 75-34-320-710 The following bids were received for the purchase of sewer tile, various (21) sizes, for warehouse stock, being Bid No. 3498. 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 Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid 34 JUL 24 197 of Fields and Co. for the purchase of sewer the for warehouse stock. 75-34-321-711 The following bids were received for the purchase of electric items for ware- (22) house stock, being Bid No. 3497. 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 Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Westinghouse Electric Supply Co. for the purchase of Items 1 and 2; accept the bid of General Electric Supply Co. for the purchase of Item 3. 75-34-321-712 The following bids were received for the purchase of electric items for (23) warehouse stock, being Bid No. 3472. 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 Bass, Council- men West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Temple, Inc., for the purchase of Items 1, 4, 8 and 15; accept the bid of Graybar Electric Co., Amarillo, for the purchase of Items 2 and 14; accept the bid of C. B. Anderson Co., Amarillo, for the purchase of Item 5; accept the bid of Nelson Electric Supply Co. for the purchase of Items 6 and 13; accept the bid of fields & Co., for the purchase of Items 7, 10, and 11. 75-34-321-713 The following bids were received for the purchase of 800 water meters for (24) Water Distribution, being Bid No. 3490. 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 Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Viking Supply Co., Dallas, for the purchase of water meters for Water Distribution. '75-34--321-714 The following bids were received for the purchase of standard black pipe, (25) various sizes, for Water Production Department, being Bid No. 3481. 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 Bass, Council- men West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of M. B. McKee Co. for the purchase of standard black pipe for Water Production Department. 75--34-321-715 The following bids were received for the construction of a metal service (26) building for McCullough Substation, being Bid No. 3486. 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 Bass, Council- men West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of ARMCO Building Systems for the construction of a metal service building for McCullough Substation. 75-34-321-716 Motion was made by Councilwoman Jordan, seconded by Councilman Cambpell, (27) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7126 on first reading. ORDINANCE NO. 7126 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 $11,900 For the following purpose: To purchase Control House for McCullough Substation as outlined in Bid No. 3486. 75-34-321-717 The following bids were received for the purchase of vacuum filling transformers (28) with oil at McCullough Substation, being Bid No. 3483. 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 Bass, Council- men West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept 322 JUL 24 1975 the bid of Nix Electric Company for vacuum filling of McCullough Substation II transformers. 75-34-322-718 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, (29) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Gerald L. "Jerry" Miller to replace Scott Dickman and reappoint Mrs. James Graves and Alton Abbott, Sr., as members of the Lubbock Citizens' Traffic Commission. These terms are for three years and will expire July 13, 1978. 75-34-322-719 The City Council considered appointing a study committee regarding upgrading (32) buildings in the Central Business District. Sam Wahl, Director of Public Works, appeared before the City Council regarding the Building Code as it pertains to existing buildings. Arnold Maeker also appeared in regard to this item. After consideration of all information presented, 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 to appoint a committee to review the present Building Code and to make suggestions for discretionary powers for the Building Inspection Department, to expedite the issuance of building permits on new and existing structures, said committee to be selected from: 1. Chairman of the Building Board of Appeals 2. Chairman of the Plumbing Board 3. Chairman of the Electric Board of Examiners 4. Representatives of the CBD Merchants Association 5. Representative of the general contractors 6. A professional engineer 7. Architect 8. City Attorney 9. Building Inspector 10. Fire Chief 11. Fire Marshal 12. Commercial Realtor. At this point, Fred 0. Senter, Jr., City Attorney, asked if the Council wished this to be in the form of a Resolution? It was the consensus of the City Council that it should be a resolution and instructed it be placed on the agenda for approval at the Special Meeting to be held July 26, 1975. 75-34-322-720 Mayor Roy Bass and Councilman Bryce Campbell gave reports on the U.S. Conference (33) of Mayors' annual meeting in Boston. NO FURTHER BUSINESS COMING UP FOR CONSIDETION, THE CITY JOURNED FROM REGULAR MEETING, July 24, 1975. ATTEST: _R0!YBWS1','-1MOR f } Treva Phil ips, C' y Secretary -Treasurer READ AND APPROVED THIS THE 14th day of August, 197 C ATTFIST: ROY BASS, MAYOR Treva Phillips, y secretary -Treasurer COUNCIL AD-