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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/14/1975r r F REGULAR CITY COUNCIL MEETING 325 ALIS r AUGUST 14, 1975 I� 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, Assistant City Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: City Manager N. B. McCullough. 75-34-325-724 The invocation was given by Fred O. Senter, Jr., City Attorney. (1) 75-34-325-725 The Pledge of Allegiance to the Flag was given in unison by those present in the (2) Council Chamber. 75-34-325-726 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion and Campbell voting Yea, none 0) carried, Mayor Bass, Councilmen West, Jordan, Henry City Council Minutes - Regular Meetings held July 23, 1975 voting Nay to approve and July 24, 1975, and Special Meeting held July 26, 1975. 75-34-325-727 Miss Ruby Atwood appeared before the City Council and discussed the unsightly weed that consideration would (5) problems within the City of Lubbock. Mayor Bass stated suggestions for improvement. be given to Miss Atwood's 75-34-325-728 Dan Law appeared before the City Council representing.Fields and Company and re- Avenue 0. Bill McDaniel, (6} quested an opening in the median at 5th Street and appeared and stated that he does not recommend approval of Director of Traffic, After consideration of this request. Traffic in this area was also discussed. Jordan, seconded by all information presented, motion was made by Councilwoman West, Councilwoman Jordan and Council- Councilman West, motion carried, Councilman Bass and Councilman Campbell voting Nay to grant this man Henry voting Yea, Mayor in the median and also grant previous requests of the request for an opening 7th Street and the Department of Public Safety Avalanche Journal for an opening on for a median opening. 75-34-325-729 Campbellcarried, voting Yeah, ouncilmanmotion Motion was made by CouncistanJordanHenry, (6a) andseconded Henry Mayor Bass, Councilmen West, for the median open- the of Fields and Company to pay offer as outlined in Item 6 and that if the other two parties who requested median ing Nay to accept be asll openings wish to paybe°o opened atthey theay do public�sand expense. It statedpthat,thi: but that they are not to p will have to be submitted to HUD for approval. 75-34-325-730 Joe Phillips, representing the Transit Arbefoeeithee, and appeared City Council randlpresent- (8) senting the Lubbock Transit Company, the of Bus Route No. 6 which runs from down- ed recommendations for continuation town on Avenue H to the area around the traffic circle and then returns. After by Councilman Campbell, consideration of all information presented, motion was made carried, Mayor Bass, Councilmen West, seconded by Councilwoman Jordan, motion and Campbell voting Yea, none voting Nay to continue Bus Route Jordan, Henry No. 6 for another 160 days. 75-34-325-731 Campben Joran Motion was made by Councicilmen Henry and Campbell voting,Yeation (g) carried, Mayor Bass, Coun West�lJordanCded Ordinance No. 7126 on second and final reading. none voting Nay to pass ORDINANCE N0. 7126 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to funds for an approved project; appropriate certain specific funds out of bond NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: is hereby appropriated out of the following described bond fund, to -wit There ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $11,900 the following purpose: To purchase Control House for McCullough Substation For as outlined in Bid No. 3486. 75-34-325-732 Motion was made by Councilman CaWest1lJordan�,dHenry and Campbell v tby Councilwoman ing,Yeatlnone (10) carried, Mayor Bass, Councilmen , 7114 on second and final reading. voting Nay to pass Ordinance No. ORDINANCE NO. 7114� AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2009: CHANGE A TRACT OF LAND OUT OF SECTION 5, BLOCK E, CITY OF LUBBOCK, FROM AN "R-1" TO AN "M-l" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 326 AUG 1 i. '975 75-34-326--733 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (11) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7115 on second and final reading. ORDINANCE NO. 7115 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2010: CHANGE THE EAST 1/2 OF LOT 15 AND ALL OF LOT 16, BLOCK 128, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AN "R-2" TO AN "A-2" ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-326--734 (12) Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, none voting Nay to pass Ordinance No. 7116 Henry and Campbell voting Yea, on second and final reading. ORDINANCE NO. 7116 AN ORDINANCE AUTHORIZING THE ISSUANCE OF ZONE CASE NO. 1893-A: CHANGE A SPECIFIC USE PERMIT, TO -WIT: TRACTS E AND J, CORONADO LAKES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" "R-1" TO AN SPECIFIC USE PERMIT, TO -WIT: SHOPPING CENTERS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-326-735 (13) Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, none voting Nay to pass Ordinance No. 7117 Henry and Campbell voting Yea, on seconded and final reading. ORDINANCE NO. 7117 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1893•-A: CHANGE TRACTS A, B, C, D, AND I, CORONADO LAKES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS SHOWN ON A PRELIMINARY PLAT ON FILE IN THE OFFICE OF THE SECRETARY OF THE PLANNING AND ZONING COMMISSION, FROM AN "R-1" TO AN "R-1" SPECIFIC USE PERMIT, TO -WIT: TOWNHOUSES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-326-736 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (14) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay, to pass Ordinance No. 7118 on second and final reading. ORDINANCE NO. 7118 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1893-A: CHANGE LOTS 278 AND 342, CORONADO LAKES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "A-2" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVID- ING FOR PUBLICATION. 75-34-326-727 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (15) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7119 on second and final reading. ORDINANCE NO. 7119 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1893-A: CHANGE TRACTS G AND H, CORONADO LAKES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "A-1" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. '5-34-326-738 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (16) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7120 on second and final reading. ORDINANCE NO. 7120 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1893-A: CHANGE TRACT F, CORONADO LAKES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "A-l" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. 5-34-326-739 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (17) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7121 on second and final reading. ORDINANCE NO. 7121 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2011: MAKE THE FOLLOWING CHANGES ON A TRACT OF LAND OUT OF SECTION 36, BLOCK AK, AND SECTION 327 CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS: 37, BLOCK AK, From To Tracts 1 thru 9 R_1 M-1 and 19 thru 30 Tracts 10, 11, 18 R_1 C-4 31 and 32 Tracts 13 and 14 R_1 C-2 Tracts 12, 15 and 16 R-1 A-1 R-1 C-3 Tract 17 Lots 1 thru 8 R_1 R-2 THE ABOVE LOTS AND TRACTS ARE SHOWN ON A PRELION MINARY WITH OF LOTS 1 TOFUT38 SECRE- AND TRACTS 1 THRU 33, LA MESA PARK TARY OF THE PLANNING AND ZONING COMMISSION; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Councilwoman 75-34-32enry7-740 Motion was made by Councilman Campbell, seconde by and Campbell Jording an, motion {18) carried, Mayor Bass, Councilmen West, Jo rdan,none voting y Na to pass Ordinance No. 7122 on second and final reading. ORDINANCE NO. 7, 122 AN ORDINANCE AMENDING ZONING ORDINANCE O. 7084GE: OD THE OFFICIALE NO. AP1701: OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING LOT 19, BLOCK 5, MOOZONING DIETSTON I TITPROVIDINGON TO EA SAVINGS CITY OF LCLAUSE; AND APROVIDING AN "R-1" TO A "C-2" ZONING DISTRICT; FOR PUBLICATION. motion _ -327-74`1 Motion was made by Councilman Campbell, Jordanl,dHenry and Campbell voted by Councilwoman ing�Yea, none 75 34 (19) carried, Mayor Bass, Councilmen West, voting Nay to pass Ordinance No. 7124 on second and final reading. ORDINANCE NO. 71124 AN ORDINANCE AMENDING THE CODE OFRO�E�IGNSOPROVIDING A SAVINGS FLUBBOCK CLAUSEPEAL- ING CHAPTER 25A THEREOF RELATING TO PORTABLE AND PROVIDING FOR PUBLICATION. motion 75 _34-327-742 Motion was made by Councilman CampbellJordani,dJordan,ed by Councilwoman Henryy and Campbell voting Yea, IF (20) carried, Mayor Bass, Councilmen West, none voting Nay to pass Ordinance No. 7125 on second and final reading. ORDINANCE NO. 7125 AN ORDINANCE ABANDONING AND CLOSING UNDERGROUND CITY OFILUBBOCKSELUBBOCKLOCATED COLTNTY IN PART OF LOT 26, MELONIE GARDENS ADDITION TO TEXAS, AND MORE PARTICULARLY DESCRIBED H�PSIOFFTHE CITYTHIS TO ORDINANCE; LECTCSAIDDIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL ABANDON- ING AND CLOSING; AND PROVIDING FOR PUBLICATION. 7 5-34-327-743 Motion was made by Councilman Campbell, seconded by and Campbell vorian,Yeation (21) carried, Mayor Bass, Councilmen West, 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 I'CITOYCOFBE and LUBBOCKsahereby QUITCLAIM DEEDauthorized inafavordirect( to execute for and on behalf of the of STATE SAVINGS AND LOANASSOCIAT ched herewoth whichIN of bsha11ock,Lbebspreaduupon theaminutes of savings institution, the Council and as spread upon tie minutes fully oiedthis Counein ildshall.constitute an be a part of this Resolution as Y Passed by the City Council this 14th day of August, 1975. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney QUITCLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the CITY OF LUBBOCK, a Home Rule ofmunicipality ONE AND NO/100 ($11,00)ock State of Texas, for and in consideration DOLLARS and other good and valuable consideation to it in hand paid by STATE 328 } i t 1975 75-34-328-744 (25) SAVINGS AND LOAN ASSOCIATION of Lubbock, Lubbock County, Texas, a savings institu- tion, hereinafter called"GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUITCLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: An underground utility easement located in the West 4.00 feet of Lot 26, Melonie Gardens Addition to the City of Lubbock, Lubbock County, Texas. 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 an y under it shall at any time hereinafter, have, claim or demand anysons rightling tomthe title to the aforesaid premises.or.appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 14th day of August, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred O. Senter, Jr., City Attorney NOTICE OF BUDGET HEARING NOTICE IS HEREBY GIVEN THAT ON AUGUST 14, 1975 AT 11:00 A.M. IN THE CITY COUNCIL CHAMBER ON THE SECOND FLOOR OF THE CITY HALL IN LUBBOCK, TEXAS, THERE WILL BE HELD BY THE LUBBOCK CITY COUNCIL A PUBLIC HEARING ON THE CITY OF LUBBOCK BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 1975, AND ENDING SPETEMBER 30, 1976. SAID BUDGET HAVING BEEN FILED WITH THE CITY SECRETARY -TREASURER FOR PUBLIC INSPECTION ON JULY 29, 1975. BY ORDER OF THE CITY COUNCIL THIS THE 26TH DAY OF JULY, 1975. /s/ Treva Phillips City Secretary -Treasurer City of Lubbock, Texas In accordance with the above Notice of Budget Hearing, hearing was held on the City of Lubbock budget covering the fiscal year be ginning Octoer 1, 1975, ending September 30, 1976. Mayor Bass called for persons wishing to speak tod appear before the City Council. Gary Cagle appeared a number of citizens who expressed willingness tocooperate withhad thetalked Policewith Department in any way they could to stop the increase of crime in the City and urged that all possible support be given to that department. Dr. Neale Pearson appeared requesting money be budgeted for additional policemen. A.C. Bowden, Mrs. Joan Kindred and Dr. County Health Board a Morris Barrington, members of the City- partment. appeared requesting additional nurses for the Health De - Frank Scruggs, Loyd Sanders, Vernice Ford and Bill Lynn appeared tional equipment and staff in order that ecan nbeaddi- better kept. the City of Lubbock Cemetery No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. This budget will be considered for adoption at the September 11, 1975, City Council Meeting. i-34-328-745 (26) 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 authorize the expenditure of $6,800 for relocation of traffic�sig- nals as required for the widening of 4th Street. to be paid from -34-328-746 (27) revenue sharing funds. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Nay that voting Yea none 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 UMTA TECHNICAL STUDY GRANT APPLICATION, 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 Council Council this 14th day of August, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred O. Senter, Jr., City Attorney of application is set in on Opposite page- 328a. 32 Sa AUG 14 197; Mr. Frank C. Herringer Administrator Urban Mass Transportation Administration 400 7th Street S.W. Washington, D. C. 20590 CITY O1= !`UBEBQCK 762-6411 P. 0. Box 2000 August 12, 1975 LUBBOCK. TEXAS 79457 Re: UMTA Technical Studies Grant Application Dear Mr. Herringer: i Based on the information contained in the Lubbock Urbanized Area FY 1976 Unified Work Program (UWP), we are requesting a technical studies grant of $24,000 from the Urban Mass Transportation Administration to aid in transpor- tation planning. Local funds in the ar.�ount of $6,000 are being provided by the City of Lubbock. The following support information is enclosed for your review. Exhibit M-3, Part I (application) and Part III (budget) of OMB Circular No. A-102, . Task Budget, . A-95 Review. The Unified Work Program has received IPG and State Clearing House approval. 1PG and State Clearing House A-95 review reports are included. If you have any questions on these matters, please contact Mr. Bill McDaniel at (W) 762-6411, Ext. 391. S' cerely, Roy Bass Mayor RB: cc: Mr. Glen Ford, Regional Administrator UMTA Mr. Bill McDaniel, City of Lubbock Mr. Glenn Y Johnson, Texas Highway Department 32C Au c11 1975 ''75-34-329-747 Motion was made by Councilman West, seconded by Councilman Campbell, motion (28) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to grant the request of David Hester to pave the south one-half of Regis Street west of North Boston Avenue adjacent to the proposed plat of La Colonia Addition. 75-34-329-748 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (29) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to close G.W.O. 3124 (1975 Maintenance Contract) and authorize final payment in the amount of $17,395.34. The contract cost was in the amount of $156,785.62 and the estimated cost was $162,796.50. August 14, 1975 Honorable Mayor and City Council City of Lubbock Lubbock, Texas ft Gentlemen: I submit herewith the closing documents for the 1975 Maintenance Program G.W.O. 3124. Final inspection has been made of the abovementioned improvements, and said improvements have been constructed in accordance with plans and specifications and contract documents. I, therefore, recommend acceptance of the improvements. Very truly yours, /s/ Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCK X Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Bruce Bagwell, who being by me duly sworn, upon oath says: I, Bruce Bagwell, Vice -President, W.D. Turner Construction Company do represent to the City of Lubbock and solemnly swear that I executed a Contract with the City of Lubbock, said Contract being dated December 12, 1974, for the 1975 Main- tenance Seal Coat under GWO 3124, and that the work and contract has been complet- ed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the Contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all record- ed liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and pro- ject herein referred to and that I paid applicable scale of wages, and this af- fidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 7th day of August, 1975. Attest: /s/ Jim Turner Subscribed and sworn to before me this the 7th day of August, 1975. /s/ Gladys Abbott Notary Public in and for Lubbock County, Texas 75-34-329-7 49 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (30) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with LUBBOCK ASPHALT PRO- DUCTS, INC., G.W.O. 3120, 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: North -South alley between Lousiville Avenue and Lynnhaven Avenue from its inter- section with the north Property Line of 79th Street to its intersection with the South Property Line of Memphis Drive, known and designated as Sub -Unit Number 5 of Unit number A-460. W G 11 1975 li East-West alley between 34th Street and 35th Street from its intersection with the east Lip Line of Avenue "N" to its intersection with the West Lip Line of Avenue "M", known and designated as Sub -Unit Number 6 of Unit Number A-460. East-West alley between 69th Street and 70th Street from its intersection with the North Property Line of 70th Street to its intersection with the West Property Line of Memphis Avenue, known and designated as Sub -Unit Number 9 of Unit Number A-460. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 3120. 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. II. That the Mayor and City Secretary be, and they are hereby instructed to exe- cute 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 re- ference to said improvements and assessments where such assessments were levied. III. This resolution shall take effect and be in force from and after its pass- age. PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary APPROVED: APPROVED AS TO FORM: /s/ Wilford D. Watson, City Engineer /s/ Fred 0. Senter, Jr.., City Attorney CONSOLIDATE FINAL ESTIMATE G.W.O. 3120 Accepted August 14, 1975 QUANTITIES S.Y. S.Y. L.F. Unit & Ailey L.F. Alley C&G Sub -Unit Location Paving_ C&G Return Removal A-460-5 N-S Alley between Louisville 999.73 & Lynnhaven Avenue from the NPL of 79th Street to SPL of Memphis Drive. A-460-6 E-W Alley between 34th & 35th 443.89 36.42 20.76 39.30 Streets from the ELL of Avenue N to the WLL of Avenue M. A-460-9 E-W Alley between 69th & 70th 301.62 Streets from the NPL of 70th Street to WPL of Memphis Avenue TOTAL 1745.24 36.42 20.76 39.30 COST ESTIMATE 1745.24 S.Y. Alley Paving @ $12.25 $21,379.19 36.42 L.F. Curb & Gutter @ $ 3.75 $ 136.58 20.76 S.Y. Alley Return @ $12.25 $ 254.31 39.30 L.F. C&G Removal @ $ 5.00 $ 196.50 CONTRACT COST $21,966.58 K COST DISTRIBUTION Unit & Contract Property City Sub -Unit Cost Owner Cost Cost A-460-5 $12,246.69 $ 6,832.26 $ 5,414.43 A-460-6 $ 6,025.04 $ 5,450.00 $ 575.04 A-460-9 3,694.85 $ 1,800.49 $ 1,894.36 TOTAL $21,966.58 $14,082.75 $ 7,883.83 75-34-330-7•.50 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion F (31) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: 331 Au .,, fto WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of FARRAR ESTATES ADDITION, Lots 538-733 and Tract, "F" made arrangements with KERR CONSTRUCTION COMPANY for the construct- tion of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of FARRAR ESTATES ADDITION including the following streets: Part of the North 1/2 of 82nd Street from its intersection with a line 55.00 feet West of the East Property Line of Frankford Avenue to its intersection with a line 7.00 feet West of the West Property Line of the alley East of Elmwood Avenue known and designated as New Subdivision Sub -Unit Number 9 of Unit Number 2018. Part of the East 1/2 of Frankford Avenue from its intersection with a line 7.00 feet North of the North Property Line of the alley North of 74th Street to its intersection with a line 30.00 feet North of the North Property Line of 82nd Street (concrete only) known and designated as New Subdivision Sub -Unit 10 of Unit Number 2018. 74th Street from its intersection with a line 80.00 feet West of the West Pro- perty Line of Elkhart Avenue to its intersection with a line 45.00 feet West of the East Property Line of Frankford Avenue known and designated as New Sub- division Sub -Unit Number 11 of Unit Number 2018. 75th Street from its intersection with a line 80.00 feet West of the West Pro- perty Line of Elkhart Avenue to its intersection with a line 23.00 feet West of the East Property Line of Frankford Avenue known and designated as New Sub- division Sub -Unit Number 12 of Unit Number 2018. 76th Street from its intersection with the East Property Line of Lot 681, Far- rar Estates Addition to its intersection with a line 23.00 feet West of the East Property Line of Frankford Avenue known and designated as New Subdivision Sub -Unit Number 13 of Unit Number 2018. 77th Street from its intersection with a line 80.00 feet West of the West Property Line of Elkhart Avenue to its intersection with a line 45.00 feet West of the East Property Line of Frankford Avenue known and designated as New Subdivision Sub -Unit Number 14 of Unit Number 2018. 78th Street from its intersection with a line 80.00 feet West of the West Pro- perty Line of Elkhart Avenue to its intersection with a line 45.00 feet West of the East Property Line of Frankford Avenue known and designated as New Sub- division Sub -Unit Number 15 of Unit Number 2018. 79th Street from its intersection with a line 80.00 feet West of the West Pro- perty Line of Elkhart Avenue to its intersection with a line 23.00 feet West of the East Property Line of Frankford Avenue known and designated as New Sub- division Sub -Unit Number 16 of Unit Number 2018. 80th Street from its intersection with a line 80.00 feet West of the West Pro- perty Line of Elkhart Avenue to its intersection with a line 45.00 feet West of the East Property Line of Frankford Avenue known and designated as New Sub- division Sub -Unit Number 17 of Unit Number 2018. Evanston Avenue from its intersection with the South Line of 74th Street to its intersection with the North Lip Line of 80th Street (less the intersections at 75th thru 79th Streets) known and designated as New Subdivision Sub -Unit Num- ber 18 of Unit Number 2018. Englewood Avenue from its intersection with the South Lip Line of 80th Street to its intersection with a line 52.00 feet South of the North Property Line of 82nd Street known and designated as New Subdivision Sub -Unit Number 19 of Unit Number 2018. Elmwood Avenue from its intersection with the South Lip Line of 80th Street to its intersection with a line 11.50 feet South of the North Property Line of 82nd Street known and designated as New Subdivision Sub -Unit Number 20 of Unit Number 2018. Elmwood Avenue from its intersection with the North Lip Line of 74th Street to its intersection with a line 7.00 feet North of the North Property Line of the alley North of 74th Street known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2018. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said im- provements have been completed and have been inspected and found to have been con- structed in accordance with City specifications and in accordance with the pro- visions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the the same are hereby accepted and the City Engineer ed to direct the payment of the City's portion of money. abovementioned streets be and be and he is hereby authoriz- the cost and to release escrow 332 AUG 1 1g75 II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14th DAY OF AUGUST, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED: APPROVED: /s/ Wilford D. Watson, City Engineer /s/ Fred O. Senter, City Attorney CONSOLIDATED FINAL ESTIMATE FARRAR ESTATES ADDITION LOTS 538 - 733 and TRACT 'E" Accepted August 14, 1975 QUANTITIES S.Y. S.Y. S.Y.Alley Unit & Paving Paving L.F. and Sub -Unit Location 9" Base 6" Base C & G Drainage Channels Part of NS 2018-9 The North 1/2 of 82nd St. 1,872.00 984.74 44.84 from 55' W. of the EPL of Frankford Ave. to 7' W. of the WPL of the alley E. of Elmwood Avenue. Part of NS 2018-10 The East 1/2 of Frankford Ave. from 7' N. of the NPL of the alley N. of the 74th St. to 30' N. of the NPL of 82nd St. (concrete only) NS 2018-11 74th St. frm 80' W. of the WPL of Elkhart Ave. to 45' West of the EPL of Frank - ford Avenue. NS 2018-12 75th St. from 80' W. of the WPL of Elkhart Ave. to 23' W. of the EPL of Frankford Avenue NS 2018-13 76th St. from the EPL of Lot 681 Farrar Estates Addn. to 23' W. of the EPL of Frankford Ave. NS 2018-14 77th St. from 80' W. of the WPL of Elkhart Ave. to 45' W. of the EPL of Frankford Avenue NS 2018-15 78th St. from 80' W. of the WPL of Elkhart Ave. to 45' W. of the EPL of Frankford Ave. NS 2018-16 79th St. from► 80' W. of the WPL of the Elkhart Ave. to 23' W. of the EPL of Frankford Avenue. NS 2018-17 80th Street from 80' W. of the WPL of Elkhart Ave. to 45' W. of the EPL of Frank - ford Avenue. NS 2018-18 Evanston Avenue from the SLL of 74th St. to the NLL of 80th St. (less inter- sections 75th thru 79th St.) NS 2018-19 Englewood Ave. from the Sll of 80th St. to 52' S. of the NPL of 82nd St. NS 2018-20 Elmwood Avenue from the SLL of 80th St. to 11.50 Ft. S. of the NPL of 82nd St. NS 2018-21 Elmwood Ave. from the NLL of 74th St. to 71N. of the NPL of the alley N. of the 74th St. TOTAL COST ESTIMATE 38,510.71 S.Y. Paving 6" Base 3,401.41 S.Y. Paving 9" Base 24,153.92 L.F. Curb & Gutter 821.04 S.Y. Alley Return and 294.65 278.26 269.74 686.76 2,408.16 277.16 3,860.48 2,077.91 3,937.93 1,975.92 3,937.93 2,103.06 8.14 3,857.03 2,076.22 3,855.75 2,075.49 3,937.93 2,099.30 120.52 4,058.23 1,988.34 6,241.17 3,539.52 242.40 2,061.43 1,237.92 40.40 2,184.78 1,262.36 47.18 578.05 324.98 40.40 3,401.41 38,510.71 24,153.92 821.04 @ $2.92 $112,451.27 @ $3.07 $ 10,442.33 @ $2.90 $ 70,046.37 Drainage Channel @$10.85 $ 8,908.28 CONTRACT COST $201,848.25 I 3� a AU G 1 l 197! am F COST DISTRIBUTION Unit & Contract Property City to Sub -Unit Cost Owner Cost Contractor NS 2018-9 $ 9,089.30 $ 5,522.08 $ 3,567.22 Ns 2018-10 $ 9,990.85 $ 9,990.85 NS 2018-11 $18,203.11 $18,203.11 NS 2018-12 $17,228.92 $17,228.92 NS 2018-13 $17,685.94 $17,685.94 NS 2018-14 $18,137.82 $18,137.82 NS 2018-15 $18,105.82 $18,105.82 NS 2018-16 $18,894.37 $18,894.37 NS 2018-17 $17,616.22 $17,616.22 NS 2018-18 $31,118.87 $12,156.04 NS 2018-19 $12,156.04 $12,156.04 NS 2018-20 $10,552.30 $10,552.30 NS 2018-21 $ 3,068.69 $ 3,068.69 TOTAL $201,848.25 $198,281.03 $ 3,567.22 75-34-333-75 1 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (32) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Tract "A", SUNDOWNER SUBDIVISION. 1; WHEREAS, the developers of Tract "A", SUNDOWNER SUBDIVISION have complied �I with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by provid- ing the water and sewer improvements for said addition in accordance with para- graph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developers is $4,498.44 with the improvements constructed by HOLLOWAY CONTRACTING COMPANY having a value of $1,678.95' as determined by the unit prices established by said Chapter 34, and $3,819.49 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with DEWIE ROTHWELL and SUNDOWNER, INCORPORA- TED, the developers, to receive a refund of deposit in the amount of $1,678.95 and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That a refund of deposit be made in the amount of $1,678.95. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14th DAY OF AUGUST, 1975. ATTESTED: /s/ Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson, City Engineer /s/ ROY BASS, MAYOR /s/ Fred 0. Senter, City Attorney 75-34-333-752 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion (33) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize final payment in the amount of $4,820 to Water Industries, Inc., for drilling and developing three water wells in the Sandhills Well Field. The contract was for $48,226 and the final cost was $48,200. Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On August 12, 1975, I inspected the Drilling and Developing Three Wells in Sandhills Well Field constructed by Water Industries, Inc. under contract dated August 22, 1974 and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Very truly yours, /s/ Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS X COUNTY OF LUBBOCK X Before me, a Notary Public in and for Deaf Smith County, Texas, on this 33 BUG 1., 1975 day personally appeared Steve Coneway, who being by me duly sworn, upon oath says: I, Steve Coneway, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated August 22, 1974, for Drilling and Developing Three Water Wells in, Sandhills Well Field under WWO 11499, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all re- corded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 14th day of May, 1975. /s/ Steve Coneway Attest: Subscribed and sworn to before me this the 14th day of May, 1975. /s/ Betty Batterman Notary Public in and for Deaf Smith County, Texas 75-34-334-753 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (34) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a Contract for En- gineering Services to be entered into between said CITY and FREESE AND NICHOLS, Registered Professional Engineers of Fort Worth, Texas, covering Engineering Ser- vices to be performed by said Engineers in regard to a Basic Feasibility Study for the Development of an Additional Water Supply in the Post and Justiceburg Area of Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of August, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred O. Senter, Jr., City Attorney CONTRACT FOR ENGINEERING SERVICES PART I STATE OF TEXAS X COUNTY OF LUBBOCK X This Contract entered into this 14th day of August, 1975, by and between the CITY OF LUBBOCK, TEXAS, hereinafter called the Owner, acting by and through its Mayor, duly authorized to act, and FREESE AND NICHOLS of Fort Worth, Texas, Registered Professional Engineers, hereinafter called the Engineer. WITNESSETH, that if consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: 1. Employment of Engineer: The Owner hereby employs the Engineer and the En- gineer agrees to perform all necessary professional services hereinafter set forth in connection with Basic Feasibility Studies and Water Rights for the Development of an Additional Surface Water Supply. 2. Scope of Services: The Engineer shall render engineering services in ac- cordance with the following: A. Coordination of Geotechnical Investigations (1) Assist the City of Lubbock in defining the scope of initial geo- technical investigations needed to determine suitability of foundation conditions at a dam site on the South Fork of the Double Mountain Fork of the Brazos River, east of Justiceburg. (2) Cooperate with a geotechnical consultant to be selected by the the City. Assist the geotechnical consultant as needed during initial field reconnaissance and subserface core boring investigations to deter- mine suitability of foundation conditions at the dam site. x 5 AUG 14 11975 � B. Coordination of Water QualitlIr Monitoring Program (1) Represent the City in contactso i�antano initiateGeological suitable pro -and the Texas Water Development Board t p ality observations on the South Fork of the Double gram of daily water qu II Mountain Fork of the Brazos Ri ver at Justiceburg for a period of two �I years. (2) Analyze the water quality measurements as they become available, to determine whether the site is feasible with respect to dissolved mineral �I concentrations. ' I C. Feasibilit Re ort for the Jusanalyses oftheJusticeburg site, includ- (Perform Basic feasibilit 1) y iI) coverage of the following aspects: a. Review of latest available hydrologic data �I b. Determination of reservoir storage requirements ield C. Reservoir operation studies and estimates of y d. Design flood analysis and evaluation of spillway requirements e. Basic dam and spillway design sults of f. Water quality routings, descrire bing viewandmmen . on results of themaboveoanalyses. Prepare a report (2) Submit the report to the City in draft form for reyr�n (2) (4) After review by the City, and modification as necessar, , p the report and deliver fifty bound copies to the City. D. Water Rights for the Justicebicationrg s��drawings and other materials (1) are water rights app as necessary for submittal to the Water Rights Commission. (2) Represent the City of Lubbock at conferences relating to water rights. application at hearings (3) Present testimony on behalf of the City's of the Water Rights Commission. E. Preliminar Analysis of Raw Water Deliver S stem requirements, 1) Develop a projected schedule of raw water delivery in terms of peak day and average annual rates, form the proposed Post and Justiceburg Reservoirs. station capacities for (2) Evaluate the required pipeline and pump with the pro - development of the delivery system in stages to keep up jected requirements- (3) Include in the analysis the provision of regulating storagecity atthe proposed Canyon Lake Number $► of reduce wtwatermto the filter plant site. en- ergy requirements for delivery F. Estimates of Cost (1) Review the estimates of capital cost prepared datepreviously the estimatesthe in proposed surface water supply facilities and up- �� the light of current construction price levels.e and (2) Prepare revised estimates of annual coststEmr basedsonvcurrent operating cost of the surface water supply y related information as to interest rates, Engineerer costsp narettorcommence oncauthori- 3. Time of Performance: The services zation by the owner, and shall be undertaakeeliaht ofcompleted tpurposescsequence ofthisCon- o assure their expeditious completion in g tra ct; but in any event all of the services required htreunder shalt be completed within thirty six months from the date of t i 4. Com esaton ni: The Engineer will be compensated in accordance with the following schedule: Partners - Per Diem S. W. Freese, J. R. Nichols, R. L. Nichols $250.00 L. B. Freese, R. S. Gooch, J. P. Jones Associates - Per Diem o. C. Allen, J. B. Mapes, A. H. U1lrich 200.00 nd R. A. Thompson, III, W. E. clement, E. C. Cope saMultiplier 2.5 Staff Members Salary Cost is defined as the cost Of setcr,eforftheengineers, directlydraftsmen, chargeableto graphers, surveymen, clerks, labor , the project, plus social security edicalcontributions, insuranceebenefits, sickcompensation vaca- surance, retirement benefits, me tion and holiday pay applicable thereto. (Salary Cost is equal to 1.26 times sa- lary payments for 1975. This factor is adjusted annually.) Board Qualit Observation Ex ense The Engineer will enter into an agreeatn hEiJusticeburgsgageeDevelopment for aper period f two for daily water quality observations years, at an estimated cost of $3,000.00 pes.year. The Engineer will be reim- bursed the actual cost of these ob ser Geotechnical investigation Ex ens e Mason -Johnston iates, Inc. The Engineer will enter into an agreement and hEngineerngStudies sincaccordance d of Dallas, texas for Preliminary Geologic with the proposal dated April 23, 195EngineerThe owithst fbe reimbursedethesactual acost to be approximately $7,825.50 and the of these services times a multiplier of 1•lActual Cost Times Multiplier of 1.15 other Direct Expense s shall include printing and reproduction expense, communica- other direct expenseaway from tion expense, travel, transportation andsubsistence the work, including costs and other miscellaneous expense directly ref independent per laboratory analysis, tests, aff Chermembwork required to be done by P sons or agents other than st Total Com ensation Limit It is understood and agreed that the total compensation for the scope of service: outlined herein will not exceed $50,000.00. 5. Time of Com ensation: Payment hall be made on the b e Engineer and submitted y intervals�s of statements prepared by th 6. Terms and Conditions: This agreement is subject to and incorporates the 336 AUG" 1-k 1975 Provisions attached hereto as Part II --Terms and Conditions. 7. Successors and Assignments: The OWNER and the ENGINEER, each binds himself, his partners, successors, executors, administrators, and assigns of the other party to this agreement, and to the f tors, and assigns of such other party ainnrespect cofsall �covenants sofathis �atree- ment. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer his in- terest in this agreement without the written consent of the other. This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this agreement, the day and year first above written. ATTEST: CITY OF LUBBOCK /s/ Treva Phillips, City Secretar Owner WITNESS: y /s/ ROY BASS, MAYOR FREESE AND NICHOLS /s/ Lee B. Freese Engineer Robert S. PART II - TERMS AND/ Green, Partner 1. Termination of Contract for Cause. shall fail to fulfill in timely and proper mannerhhisgobligations�underthe Ethiseer Contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of this Contract, the Owner thereupon shall have the right to terminate this Contract by giving written notice to the Engineer of such termina- tion and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Engineer under this Contract shall, at the option of the Owner, become its entitled to receive Property and the Engineer shall be just and equitable compensation. Notwithstanding the above, the Engineer shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the Contract by the Engineer, and the Owner may withhold any payments to the Engineer for the purpose of setoff until such time as the exact amount of damages due the Owner from the Engineer is determined. 2. Termination for Convenience of Owner. The Owner may terminate this Contract any time by a notice in writing from the Owner to the Engineer. if the Contract is terminated by the Owner as provided herein, the Engineer will be paid in accordance with Part I, Contract for Engineering Services, Paragraph 3, Compensation to Engineer. 3. Chan es. The Owner may, from time to time, request changes in the scope of the services of the Engineer to be performed hereunder. Such changes, in- cluding any increase or decrease in the amount of the Engineer's compensation, which are mutually agreed upon by and between the Owner and the Engineer, shall be incorporated in written amendments to this Contract. 4. Personnel. a. The Engineer represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Owner. b. All the services required hereunder will be performed or under his supervision and all personnel engaged inthework shallebenfullyr qualified and shall be authorized or permitted under State and Local law to perform such services. C. No person who is serving sentence in a penal or correctional institution shall be employed or work under this Contract. 5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti --Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., gineer shall comply with all applicable "Anti -Kickback" regulationscand shalln- insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors there- under except as the Secretary of Labor may sepecifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries. If, in the performance ofthis Contract, there is any underpayment of salaries by the Enginer or by any subcontractor there- under, the Owner shall withhold from the Engineer out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually d for the total number of hours worked. The amounts withheld shall beudisbursedeb$y the Owner for and on account of the Engineer or subcontractor to the respective employees to whom they are due. 7• Claims and Dis utes Pertainin to Salar Rates. Claims and disputes per- taining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Engineer to the Owner for the latter's decision which shall be final with respect thereto. 8. E ual Em to ent 0 ortunit . During the performance of this Contract, the Engineer agrees as follows: a. The Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, .and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, not be limited to, the following: employment,e, but recruitment or recruitment advertising; layoff orgtermination; ratescf emotion, or transfer; forms of compensation; and selection for training,s Y or other Engineer agrees to post in conspicuous places, available dtogempapprenticeship. ovPPGCe„.h---,The `_IJ [I] 33'7 AUG 1 i 1975 ent notices to be provided by the Owner setting forth the provisions cants for employment, of this nondiscrimination clause. The Engineer will, employees b. in allr, state othatrallqualifiedadvertisements applicants will placed by or on behalf of the Enginee receive consideration for employment without regard to race, color, religion, sex, or national origin. provisions to be inserted in all C. The Engineer will cause the foregoing Contract so that such provisions will subcontracts for any work covered by provisions shall ractor, provided that the foregoing p be binding Pon each subcont not apply to contracts or subcontracts for standard commercial supplies or raw materials. 9. Discrimination Because of fCertain Labor be dischargedeor•in anyNo ewayndiscriyed on minated �I the work covered by this Contract shall a ainst because he has filed any complaint or instituted or caused to be institute g proceeding under or any proceeding or has testified or thereunderfto�hisnemployer. relating to the labor standards applicablewith all,appli- II 10. Cam liance with LoCodesLaws. theThe StateEngineer localshall governments, and shall � cable laws, ordinances, andublic or private property in performing any of the commit no trespass on any p work embraced by this Contract. this Contract shall 11. SubcontractOt•theoprior writtenvconsentices vofetheyOwner. The Engineer II be subconne of the ser tracted with acts and shall be as fully responsible to the Owner for oreindirectl oemployed by them, Y subcontractors, and of persons either directly 10 ed by him. The as he is for the acts and omissions of persons directly employed requiring com- I.� Engineer shall insert in each subcontract appropriate pliance with the labor standards provisions of this sign gntany interest in this 12. Assignabili The Engineer not the�samen(whether by assign - Contract, and shall not transfer anyal of the : ment or novation) without the prior written apprOv the Engineerrfrom the d0 er however, that claims for money due or to comP Y or other financial under this Contract may be assigned to a bank,trtsuch approval. Notice of any ut institution, or to a Trustee in Bankruptcy, P to the Owner. such assignment or transfer shall be furnished promptly of the Owner, and 13. Interest of Owner. No member of the governing body ises any functions or no other official, emploectionrwithnthef carrythe �ngeouthofethecProject to which responsibilities in corm ersonal interest, direct or indirect, in this Contract pertains, shall have any p this Contract. I, 14. Interest of Other Local Prolectofficials. situateand no otheiverning public i body of the locality in which the J £unctions or responsibilities in official of such locality, who exercises any the review or approval of the carrying out of the Project to which this Contract interest, this Cotrct. pertains, shall have any personalficials. Nonmember ofindirect�ornDelegatentoathe 15. Interest of Certain Federal Congress of the United States, and no toResident shall herefromadmitted to any share or part of this Contract or Y 16. Interest of Engineer. Te Engineer interest,coven direct tortindirectreinnthe above - no interst and shall not acquire any described Project Area or any parcels therein or any other interest which would conflict in any manner or degree witintthepeerformance ofhis thisservices Contracthereunder. The Engineer further covenants that P person having any such interest shall be employed. 17. Findings Confidential•All of ineer underethisoContractoaretconfidentialcand prepared or assembled by the Eng individual or the Engineer agrees that they shall not be made available er. any ' organization without the prior written approval of the Owner. purchase of the Sandhills Well Field electric 75-34-337-754 The City Council considered the p before the City Council and (35) system. Sam Walh, Director of Public Works, appeared_ recommended that this system be purchased. He also er recommended e oendeof d aalltinformabe a fo from revenue sharing funds in one payment. tion presented, motion was made by CCouncilwo aouncilman nmJordan,sCouncil en Henryeconded by and Jordan, motion carried, Mayor Bass, Campbell voting Yea, none voting mNaYCouncilman to offer SWest wabstai estern ed fromService onmpany $200,000 for this electric syste this item. -34-337-755 Motion was made by Councilman West, seconded by Councilwoman Jordan, motYea 175 MtiJordan, Henry and Campbell voting , (36) carried, Mayor Bass, Councilmen West, none voting Nay to pass Ordinance No. 7127 on firstr ORDINANCE NO. 7127 OF AN ORDINANCE ABANDONING AND CLOSING AVENUETHE NORTHFOLLOWING DRIVEPp,NDITHE EASTTLYNESOF THE A PORTION OF BAYLOR STREET BETWEEN CANYON BRANCH OF PANHANDLE AND SANTA FE DESCRIBED THETBODYIOF THIS UORDINANCELUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLYITY OF DIRECTING THE CITY ENGINEER TO MARK THE THATOFFICIAL CERTATN STREET;OF THE CPROVIDINGBA SAVINGS INDICATE THE CLOSING AND ABANDONMENT O CLAUSE AND PROVIDING FOR PUBLICATION. cilman ion 75 34 -337-756 Motion was made by Councilman n West, Campbell, seconded andnCampbellevotingtYea, (38) carried, Mayor Bass, Councilmen West, none voting Nay to pass Ordinance No. 7128 on first reading. MEFT-61 W -AUG l , 1975 ORDINANCE NO. 7128 AN ORDINANCE CHANGING TERMS OF FUTURE APPOINTEES TO LUBBOCK CIVIC CENTERS BOARD FROM 5 YEARS TO 3 YEARS; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 75-34-338-757 Motion was made by Councilman Henry, (39) carried, Mayor Bass, Councilwoman Jordan, Councilmen nHenry mandJordanCampbellotion Voting Yea, none voting Nay to pass Ordinance No. 7129 on first reading. Bill. Wood, Director of Utilities, and Carroll McDonald, of Southwestern Public Service Company appeared in regard to this ordinance. Councilman West abstained from voting on this item. ORDINANCE NO. 7129 AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "ELECTRICITY", BY AMENDING SECTION 11-1 THEREOF PRO- VIDING FOR A FUEL COST ADJUSTMENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 75-34-338-758 At this point, Councilman Henry introduced the following resolution pertaining (39a) to the review of the fuel cost adjustments which the electric and natural gas companies pass on to their customers: RESOLUTION WHEREAS, the City Council has determined that it would be in the best interst of the citizens of the City of Lubbock to provide for a review of Fuel Costs Adjustments which Utility Companies add to bills for service within the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council shall in June and December of each year review the Fuel Cost Adjustments which the Electric and Natural. Gas Companies which serve the citizens of the City of Lubbock pass on to their customers. The City Council may require such utility companies to appear and produce records which will substantiate the Fuel. Costs. Passed by the City Council this 14th day of August, 1975. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney After consideration of the above resolution, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Council- woman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to adopt this resolution as introduced. Councilman West abstained from voting on this resolution. 75-34-338 7,59 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion (37) carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea none voting Nay to pass Ordinance No. 7130 on first reading. The Staff was instructed to initiate proper action to recover these funds from the Community Development Block Grant Program. AN APPROPRIATION ORDINANCE ORDINANCE NO. 7130 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: The sum $20,000.00 Street Lighting Bond Fund For the following purpose: To remove street lightings from the north side of 4th Street and install conduit behind the curb and under street crossings while the State Highway Department is widening and improving 4th Street, Ave. A to University Avenue. -34-338--760 The City Council considered authorizing a Staff study of long range financial (40) needs of the City. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Henry and Campbell voting Yea, Councilwoman Jordan voting Nay to authorize the Finance Department to begin a comprehensive study of the City's anticipated financial needs, for the near term and the long range, and 0 F 339 AUG 14 197`. available to meet these needs; that the Staff be instructed to prepare councilid the n the sourcesions which possiblesourcesof financial projections, analyses, and discuss areas, ntlouta identifying problem areas, p support, establishing piorities, financial assistances, review the impact ato meetsanticipater fees eedsneeds. longterm and develop plans for keeping revenues adequate in the amount of kcOdell Li conndlesideration all information The City Council considered the claim of Mark 75-34-339-761 $250 for terminal vacation leave pay. Councilman Campbell, Jordan, seconded by (41) presented, motion was made by Councilwoman Councilmen West, Jordan, Henry and Campbell voting motion carried, Mayor Bass, voting Y Na to deny this claim. Yea, none for the purchase of miscellaneous electric �I 75-34-339-762 lowin bids were received The fol g being Bid No. 3512. (42) items for warehouse stock, Bid Tabulation set in Bid Book. Councilman Campbell, After consideration of all bids received, motion aBadeCouncilmen West, Jordan, mayor seconded by Councilman West, motion carried, voting Nay to accept the bid of Nelson Elec- Henry and Campbell voting Yea, none Co. for the purchase of Items 1, 2, 3 and 7; acceptgth2bil3°and 14; 4, 5, 6, tric Supply General Electric Supply Co. for the purchase of Items 1 Co. for the purchase of Items 9 Supply accept the bid of Westinghouse Electric ccept the Temple, Inc., for the purchase of Item 11; a and 10; accept the bid of Fields & Co. for the purchase of Item 15. bid of to construcNosi341es of 138 KV lines on 34th 75-34-339-76 3 The following bids were received Distribution, being Bid 89 (43) Street for Electric Bid Tabulation set in Bid Book. bell, by lWesman tCaJordan, After consideration of all bids receive,tMayoraBassaeCounc�lmen ried seconded by Councilman West, motion Y Campbell voting Yea, none voting Na to accept the bid of Highlines miles of 139 KV lines for Henry and Construction, Inc., Dallas, for the construction of six Electric Distribution. by Councilman ion evoting tYea, 75-34-339-76 Motion was made by Councilman Campbell, seconded t and Campbell Councilmen Wes, Jordan,Henry (44) carried, Mayor Bass, Ordinance No. 7131 on first reading. none voting Nay to pass 7131 ORDINANCE NO. 'i �I �I �I I II II :75-34-339-765 I. (45) i I� �i I� I� I, 175-34-339-766 (46) 75-34-339-767 (47) AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to a ropriate certain specific funds out of bond funds for an approved project; PP NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ated out of the following described bond fund, to -wit: There is hereby appropriated LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $262,000 For the following purpose. For construction of 138 KV Transmission line, as outlined in Bid #3489, excluding cost of materials to be furnished from the City of Lubbock Warehouse Stock. The following bids were received to furnish and install two steam boilers for the T Bid No. old Airport Terminal Building, being Bid Tabulation set in Bid Book. by man Campbell, Aft er consideration of all bids received, motMano aBass, CouncilmenlWest, Jordan, seconded by Councilman West, motion carried, Yof Henry nd Campbell voting Yea, none voting boilersto aatethethe oldbid AirportlTerminal Y Service Company to furnish and install Building. Col - The following bids were received for the purchase of envelopes for Utility lections, being Bid No. 3499. Bid Tabulation set in Bid Book. motion was made by Councilman Campbell, After consideration of all bids received, seconded by Councilman West, motion carried, Na Mayor Bass, C oting Yea, none voting Yoaccept the nbid mof BancroftrPape Henry and Campbell v Company for the purchase of envelopes for Utility Collections• reminder notic The following bids were received for the purchase of statement and forms for Lubbock Power and Light, being Bid No. 3504. Bid Tabulation set in Bid Book. man Aft er consideration of all bids received, motion walladea unc°1menlWestCpbe11 seconded by Councilman West, motion carried, Mayor to accept the bid of Jordan, Henry and Campbell voting Yea, none voting Nay Stafford Lowdon for the purchase of statement and reminder notice forms for 340 AU 75-34-340-768 (48) 75-34-340-769 (49) 75-34-340-770 (50) 75-34-340-771 (23) Lubbock Power and Light. The following bids were received for the modification of eight brush trash tru for the Sanitation Department, being Bid No. 3507. cks Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Cam seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan Henry and Campbell voting Yea, none voting Nay to accept the bid of Action Trailer and Equipment for the modification of brush trucks for the Sanitation Department. The following bids were received for the purchase of one automobile for Com- munity Development, being Bid No. 3513. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Turner Fo Inc. for the purchase of one automobile for Community Development. rd,� Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea none voting Nay to appoint the following members to the Building Code Study Committee. These terms are for an indefinite period. W.R. Anthony Hoyt Nix H. R. Bundock Evan Roberts Fred 0. Senter, Jr. Tom Foster Joe Miller Otice Green Dr. Jim Lawrence Roy Middleton Cecil Turquette A. C. Black In accordance with the Notice of Paving Hearing of record in Minute Book 34 Page 280, hearing was held on G.W.O. 3140, the 1975 Paving Program. A number of persons appeared for the pavinss ing was closed. After considerationeof all information announced that the hear - made by Councilman Campbell, seconded by Councilman Henry, motion cmotion was Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting to pass Ordinance No. 7132 on first reading. Y G.W.O. 3140 ORDINANCE NO. 7132 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREETS: EAST 17th STREET, 59th STREET VICKSBURG AVENUE, LEHIGH STREET, GRINNELL STREET, FORDHAM STREET _ NUE, SALEM AVENUE, TOLEDO AVENUE, 55th STREET, 56th STREET, YORK�AVENUE, UTIC AVENUE, MARSHALL STREET SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HERE- OF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES, AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PRO- VIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABL CERTIFICATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. E WHEREAS, the City Engineer prepared rolls or statements for the improve- ments in each unit, showing the amount to be assessed against the various par- cels of abutting property, and the owners thereof, and showing other matters and things; and the same were examined by the City Council and approved, and a time and place was fixed for hearing to the owners of such abutting and to all others in anywise interested, and due to each known proerty owner to be assessed addressed to his last known address as shown on the current City of Lubbock tax rolls, and such hearing was had and held at the time and la fixed therefore, to -wit: on the 14th day of August, 1975, at 2:00 P.M. place ce the Council Room in the City of Lubbock, Texas, and at such hearing all desiring be heard were fully and fairly heard, and evidence was received and consideredo and all protests and objections made were considered, and said hearing was in all respects held in the manner provided and required by the charter and law in force in this City and by the preceedings of the City with reference to such matters, and the following protests were made concerning the improvements in the units indicated namely: Sub -Unit 59 of Unit 2229 Charlene Perry appeared Opposingthe Mrs. G. R. DeFreese a Proposed paving. Mrs. G. R.DSalyers phonedpeared opposing the proposed paving. Su}i=Unit 62 of Unit 2229 Opposing the proposed paving. Mrs. Verdie D. Stahl appeared opposin the Mrs. Leasie Hester appeared Opposing g Proposed paving. Alva Carter phoned opposing the proposed proposed paving. the Sub -Unit 63 of Unit 2229 Paving. Mrs. Leroy Davis phoned Opposingthe Mrs. Cora Reed James a Proposed paving. Sub -Unit 64 of Unit 2229 PPeared opposing the proposed paving. T.J. Lovett phoned opposing the proposed paving. Sub -Unit 67 of Unit 2229 Larry K. Thompson appeared opposing the proposed paving. AUG 1, 1 Sub -Unit 69 of Unit 2229 Katherine Jean Hill appeared opposing the proposed paving. Sub -Unit 11 of Unit 2230 Mrs. Lorene Cook appeared opposing the proposed paving. Joe Guthrery appeared opposing the proposed paving. K.A. Swanner appeared opposing the proposed paving. T.J. Lovett phone opposing the proposed paving. And all objections and protests made were fully considered and the City Council having fully and fairly heard all parties making any protest and all parties desiring to be heard, and having fully considered all matters present- ed for consideration, and having fully considered all of the evidence, and all pertinent and proper matters is of opinion that the following disposition should be made of such protest and objections, and that assessments should be made as herein ordained, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. THAT all protests and objections, whether herein specifically mentioned or not, shall be and the same are hereby overruled and the said hearing, with re- spect to each and all sub -units and units, is hereby closed. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL AD- JOURNED FROM REGULAR MEETING, August 14, 1975 ATTEST: ROY BA S, MAYOR Trdva Phillips, Ci� Secretary —Treasurer READ AND APPROVED THIS THE 28th day of August, ATTEST: L reva Phillips, CiW Secretary -Treasurer 1975 ROY BASIS, MAYOR