HomeMy WebLinkAboutMinutes - City Council - Regular - 9/25/1975SEP L 5 1975
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 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 Bryce Campbell,
City Manager N.B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer
Treva Phillips.
Absent: Councilman Alan Henry.
75-34-388-895
The invocation was given by Larry Cunningham, Assistant City Manager.
(1)
75-34-388-896
The Pledge
of Allegiance to the Flag was given in unison by those present in the Council Chamber.
(2)
75-34-388-897
Motion was
made by Councilwoman Jordan, seconded by Councilman West, motion
carried, Mayor Bass,
(3)
Councilmen
West, Jordan and Campbell voting Yea, none voting Nay to approve
City Council Minutes -
Regular Meeting held September 11, 1975, as corrected.
75-34-388-898
Motion was
made by Councilman West, seconded by Councilman Campbell, motion
carried, Mayor Bass,
(5)
Councilmen
West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 7148 on
second and
final reading.
ORDINANCE NO. 7148
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain
specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Electric
Light and Power System Revenue Bonds
The sum $19,470.00
For the following purpose: For financial advisory fees, legal fees, printing of bond notice, and
other costs related to sale of $2 million 1975-A Series Bonds.
75-34-388-899 Motion was made by Councilman West, seconded by Councilman Campbell motion carried, Mayor Bass,
(6) Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 7150 on
sedond and final reading.
ORDINANCE NO. 7150
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: Water
Capital Project Fund
The sum $3,500.00
For the following purpose: Surface water supply study by Freese & Nichols, Engineers.
75-34-388-900 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass,
(7) Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 7142 on
second and final reading.
ORDINANCE NO. 7142
AN ORDINANCE REPEALING ORDINANCE NO. 5765 OF THE CITY OF LUBBOCK SO AS TO REMOVE A 20 M.P.H.
SPEED (WHEN TRAFFIC CONTROL LIGHT IS FLASHING IN SCHOOL ZONE); DIRECTING REMOVAL OF SIGNS AND/OR
TRAFFIC CONTROL DEVICES WITH RESPECT THERETO; PROVIDING 40 M.P.H. ZONE IN EFFECT AT ALL TIMES
BECAUSE OF SAID 20 M.P.H. ZONE REMOVAL; AND PROVIDING A PENALTY FOR VIOLATION HEREOF AND FOR
PUBLICATION.
75-34-388-901 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass,
(8) Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 7149 on
second and final reading.
ORDINANCE NO. 7149
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION
WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1975; APPORTIONING SAID LEVY AMONG THE VARIOUS
FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND
ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED.
75-34-388-902 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass,
(9) Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 7143
on second and final reading.
T
SEA 23
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I ORDINANCE NO. 7143
AN ORDINANCE ABANDONING AND CLOSING TWO UNDERGROUND STREET LIGHT CABLE EASEMENTS LOCATED IN
RAINTREE 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.
75-34-389-903 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass,
(10) Councilmen West, Jordan and Campbell voting Yea, none voting Nay that the following Resolution
be passed.
T I7(ZOT TTTTnM
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 WINDMILL INVESTMENT, INC.,
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 here-
in in detail.
Passed by the City Council this 25th day of September, 1975.
ATTEST: /s/ ROY BASS
ROY BASS, MAYOR
/s/ Treva Phillips_
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter., Jr.,
Fred 0. Senter, Jr., City Attorney
QUITCLAIM DEED
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I
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 DOLLAR ($1.00) and other good and valuable
consideration to it in hand paid by WINDMILL INVESTMENT, INC., 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:
Two underground street light cable easements described as follows:
The West 2.00 feet of Lot No. 197, Raintree Addition to the City of Lubbock, Lubbock County,
Texas.
The East 2.00 feet of Lot No. 264, Raintree 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 as-
signs forever, so that neither the Grantor, City of Lubbock, its successors or assigns, nor any
persons 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.
WITNESS MY HAND AT LUBBOCK, TEXAS this 25th day of September, 1975.
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
/s/ ROY BASS
ROY BASS, MAYOR
75-34-389-904 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass,
(11) Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 7146 on se-
cond and final reading.
ORDINANCE NO. 7146
AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A PORTION OF BLUEFIELD
ROAD IN THE VICINITY OF THE MUNICIPAL AIRPORT IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS,
AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO
MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT
CERTAIN PORTION OF STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
75-34-389-905 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor
(12) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No.
7147 on second and final reading.
390
ORDINANCE NO. 7147
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A DRAINAGE EASEMENT LOCATED IN LOT 6,
TANGLEWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DES-
CRIBED 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.
15-34-390-906 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor
(13) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay that the following re-
solution be passed.
RPSnr.UTTON
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 QUIT CLAIM DEED in favor of DR. LLOYD GARLAND and
wife, EARLENE GARLAND, 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 25th day of September, 1975.
ATTEST: /s/ROY BASS
ROY BASS, MAYOR
/s/ Treva Phillips_ _
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
QUITCLAIM DEED
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK I
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 ($1.00) DOLLARS and other good
and valuable consideration to it in hand paid by DR. LLOYD GARLAND AND WIFE, EARLENE GARLAND,
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 situated in
the County of Lubbock, State of Texas, described as follows, to -wit:
A portion of a 10.00 foot drainage easement in Lot 6, Tanglewood Addition to the City
of Lubbock, Lubbock County, Texas, being more particularly described as follows:
BEGINNING at a point which bears south 10.00 feet and west 95.00 feet from the northeast
corner of lot 6, Tanglewood Addition to the City of Lubbock, Lubbock County, Texas;
THENCE North a distance of 2.5 feet;
THENCE West a distance of 76.1 feet;
THENCE South a distance of 2.5 feet;
THENCE East a distance of 76.1 feet to the PLACE OF BEGINNING.
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, their heirs and assigns
forever, so that neither the Grantor, City of Lubbock, its successors, or assigns, nor any per-
sons 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.
WITNESS MY HAND AT LUBBOCK, TEXAS, this 25th day of September, 1975. 0
ATTEST: /s/ROY BASS
ROY BASS, MAYOR
/s/Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
5-34-390-907 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor
(14) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay that the following
resolution be passed.
il
3E
SEP 2: -b
F
F
RPNOLUTTON
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 exeucte
for and on behalf of the City of Lubbock an AGREEMENT in favor of THE HOUSING AUTHORITY OF THE
CITY OF LUBBOCK covering improvements at Greenfair Manor, 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 25th day of September, 1975.
ATTEST: /s/ROY BASS
ROY BASS, MAYOR
/s/Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
FUNDING AGREEMENT BETWEEN THE
CITY OF LUBBOCK, TEXAS, AND
THE HOUSING AUTHORITY
OF THE CITY OF LUBBOCK
STATE OF TEXAS
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
THIS agreement made and entered into by and between the CITY OF LUBBOCK, TEXAS, a Home -
rule Municipal Corportion (hereinafter called "CITY") and the Housing Authority of the City of
Lubbock (Hereinafter called the "HOUSING AUTHORITY")
WTTMF S S'F.TP
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 HOUSING AUTHORITY is a public body corporate and politic created pursuant to
Art. 1269k, V.A.C.S., and is transacting business and exercising the powers granted by said
law; and
WHEREAS, the CITY desires to contract with the HOUSING AUTHORITY 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 HOUSING AUTHORITY
is willing to carry out such activity;
NOW, THEREFORE, the CITY and the HOUSING AUTHORITY do hereby mutually agree as follows:
I.
The HOUSING AUTHORITY agrees to perform and do an improvement project in the Greenfair
Manor Public Housing Project consisting of the purchase and installation of garbage containers
and theft proof mail boxes.
The governing body of the HOUSING AUTHORITY, the Lubbock Housing Board, shall adopt such
policies as may be necessary to guide the HOUSING AUTHORITY in the execution of the obligation
and activities by this agreement. Such policies shall be adopted after consideration of recom-
mendations made by the Director of Planning of the CITY and the Executive Director of the HOUS-
ING AUTHORITY.
It is understood and hereby agreed that the HOUSING AUTHORITY shall not deny benefits of
the Greenfair Manor Public Housing Project improvement project to any resident thereof or to
discriminate against any person on the grounds of race, color, religion, age, sex or national
orgin.
The HOUSING AUTHORITY agrees to carry out the agreed activities within the approved budget,
and amendments thereto.
The HOUSING AUTHORITY 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 Develop-
ment Act of 1974.
The HOUSING AUTHORITY 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 DEVELOP-
MENT ACT OF 1968, attached hereto and made a part hereof as Exhibit A; to develop and subsequent-
ly submit an Affirmative .Action Plan to the Community Development Department and to accept the
obligations with respect to the regulations as set forth in 24 CFR Part 135.
The HOUSING AUTHORITY further agrees to comply with the equal opportunity requirements
of Executive Order 11246 as they are applicable to the Greenfair Manor Public Housing improve-
ment project.
EP25WS
II.
The CITY hereby designates and authorizes the HOUSING AUTHORITY to carry out all such im-
provements and construction as may be necessary to provide the aforementioned improvements.
The CITY agrees to provide funds in the amount of $5,379 for the purpose of performing the
activities herein agreed upon; Provided, that the CITY'S provision of such funds is wholly con-
tingent upon the CITY'S receipt of such funds from the Department of Housing and Urban Develop-
ment. It is further agreed that the HOUSING AUTHORITY shall submit at such times and in such
form as the CITY may require such statements, records, data and information as the CITY may
require pertaining to matters covered by this agreement.
The HOUSING AUTHORITY 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 25th day of September, 1975.
ATTEST:
/s/ Treva Phillips
Secretary -Treasurer
CITY OF LUBBOCK, TEXAS
BY: ROY BASS
MAYOR
THE LUBBOCK PUBLIC HOUSING AUTHORITY
BY:
ATTEST: Chairman
Secretary
APPROVED AS TO FORM AND LEGALITY:
/s/ Fred 0. Senter, Jr.
City Attorney
5-34-392-908 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass,
(15) Councilmen West, Jordan and Campbell. voting Yea, none voting Nay that the following resolution
be passed. 0
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS 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 PRODUCTS, INC., GWO 3120 for the mak-
ing and construction of streets 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 Paris Avenue and Avenue "0" from its intersection with the North
Lip Line of 16th Street to its intersection with a line 122.50 feet South of the South Pro-
perty Line of 15th Street (West Leg) known and designated as Sub -Unit Number 2 of Unit Number A-460
East-West Alley between 9th and loth Street from its intersection with the East Property Line
of Toledo Avenue to its intersection with the West Property Line of Salisbury Avenue known
and designated as Sub -Unit Number 8 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
GWO 3120.
THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS:
1. 0
That the improvements on said portions of the abovementioned alleys be and the same are
hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of
the City's portion of the cost.
II.
That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver
certificates in evidence of the assessments levied against t-he parcels of property abutting
upon the said portions of the alleys 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.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 25th DAY OF September, 1975.
SEP 25 is
i ATTEST:
/s/Treva Phillips
�. Treva Phillips, City Secretary
I.
i APPROVED:
i
/s/Wilford D. Watson
Wilford D. Watson, City Engineer
QUANTITIES
/s/ROY BASS
Roy Bass, Mayor
APPROVED:
/s/Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
CONSOLIDATED FINAL ESTIMATE
G.W.O. 3120
Accepted September 25, 1975
S.Y.
Unit &
Sub Unit
Location
Alley
Paving
A-460-2
N-S Alley between Paris Avenue
and Avenue "0"
166.98
from the NLL of 16th Street to
122.5' South
of the SPL of 15th Street (West
Leg).
A-460-8
E-W Alley between 9th and loth
Street from
537.44
the EPL of Toledo Avenue to WPL
of Salisbury
Avenue
TOTAL
704.42
COST ESTIMATE
704.42
S.Y. Alley Paving @$12.25
$8,629.15
CONTRACT COST
$8,629.15
F.
F
COST DISTRIBUTION
Unit &
Contract
Property
City to
Sub Unit
Cost
Owner Cost
Contractor
A-460-2
$2045.51
$2773.23
- $ 727.72
A-460-8
$6583.64
$3674.67
$2908.97
TOTAL
$8629.15
$6447.90
$2181.25
75-34-393-909 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor
(16) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay that the following
resolution be passed.
RESOLUTION
Resolution accepting water and sewer system improvements for Lots 180 thru 360 and Tracts
C & D, Raintree Addition.
WHEREAS, the developer of Lots 180-360 & Tracts C & D, Raintree Addition have compli
with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the
water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter
34 and,
WHEREAS, the total utility cost to the developer is $78,180.46 with the improvements con-
structed by Holloway Contracting Company having a value of $64,420.48 as determined by the
unit prices established by said Chapter 34, and $13,759.98 cash (engineering, wet tie-ins,
paving repair, difference in Pro Rata and actual cost) paid to the City, the developer, to re-
ceive no refund in accordance with Chapter 34 of the Code of the City of Lubbock, Texas.
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. This resolution shall take effect and be inforce from and after its passage.
PASSED AND APPROVED THIS 25th DAY OF September, 1975.
Attested:
/s/Treva Phillips
Treva Phillips, City Secretary
APPROVED:
/s/Wilford D. Watson,
Wilford D. Watson, City Engineer
/s/Roy Bass
Roy Bass, Mayor �-
APPROVED:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, City Attorney
SEP 2 5 1975
75-34-394-910
(17)
75-34-394-911
(18)
15-34-394-912
(19)
'5-34-394-913
(20)
Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass,
Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 7155 on
first reading.
ORDINANCE NO. 7155
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: Sewer
Bond Fund
The sum $16,000
For the following purpose: Preliminary engineering, step one, for 23rd Street sanitary sewer line.
Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor
Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay that the following re-
solution be passed.
RESOLUTION
Resolution accepting water and sewer system improvements for Lots 1 thru 75, South Acres
Addition.
WHEREAS, the developer of Lots 1 thru 75, South Acres Addition has complied with the pro-
visions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer
improvements for said addition in accordance with paragraph 61 of said Chapter 34, and,
WHEREAS, the total utility cost to the developer is $33,864.52 with the improvements con-
structed by Holloway Contracting Company having a value of $29,352.59 as determined by the unit
prices established by said Chapter 34, and $4511.93 cash (engineering, wet tie-ins, paving re-
pair, difference in Pro Rata and actual cost) paid to the City, with Royce C. Lewis and Ben B.
Huchenson, the developer, to receive a refund of $647.75 in accordance with Chapter 34 of the
Code of the City of Lubbock 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 refund of the refundable cost in the amount of $647.75 be made in accordance with
said Chapter 34.
3. This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 25th DAY OF September, 1975.
Attested: /s/ ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
Approved;
/s/ Wilford D. Watson, City Engineer
Approved;
/a/ Fred 0. Senter, Jr., City Attorney
Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor
Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No.
7156 on first reading.
ORDINANCE NO. 7156
AN ORDINANCE ABANDONING AND CLOSING A TWO -FEET WIDE UTILITY EASEMENT DEDICATED BY PLAT
IN MIDWAY PARK ADDITION, EASEMENT LOCATED AS BEING THE WEST TWO (2) FEET OF LOT 288 IN SAID
ADDITION TO THE CITY OF LUBBOCK 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.
Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor
Bass, Councilmen West, Jordan 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:
3E
SEP 25 1�
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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 Underground Telephone Line or Lines Land Use Permit
with SOUTHWESTERN BELL TELEPHONE COMPANY, a public utility corporation, 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 25th day of September, 1975.
ATTEST: /s/ ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
UNDERGROUND TELEPHONE LINES LAND USE
PERMIT AGREEMENT
THE STATE OF TEXAS I
COUNTY OF LUBBOCK I
THIS AGREEMENT entered into as of the 25th day of September, 1975, by and between the CITY OF
LUBBOCK, a Texas Home Rule Municipality, herein called "CITY", acting through its MAYOR hereunto
duly authorized and SOUTHWESTERN BELL TELEPHONE COMPANY, a corporate public utility company,
acting by and through its undersigned officers hereunto duly authorized, herein called "PER-
MITTEE", as follows:
KNOW ALL MEN BY THESE PRESENTS:
I.
THAT in consideration of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable con-
sideration and the mutual agreements to be kept and performed by the undersigned parties, the
CITY does hereby grant unto PERMITTEE a permit to lay, construct, repair, maintain, and use
an underground telephone line or lines in, upon, under, along, and across the following des-
cribed real estate owned and controlled by said CITY, to -wit:
A tract of land out of Section 28, Block A, Lubbock County, Texas, being more particularly
described as follows:
BEGINNING at a stake set in the East ROW line of Interstate 27, that bears South 2550.19
feet and East 120.00 feet from the NW corner of Section 28, for a SW corner of this Ease-
ment;
THENCE North 5021'35" East, along the East ROW line of said Interstate 27, a distance of
181.23 feet to a point;
THENCE North 2053'45" West a distance of 300.37 feet to a point;
THENCE North 6032'55" West a distance of 627.05 feet to a point;
THENCE North, continuing along the East ROW line of said Interstate 27, a distance of 991.35
feet to a stake set for the NW corner of this Easement;
THENCE East 10.00 feet to a stake set for the NE corner of this Easement;
THENCE South 10.00 feet from and parallel to the East ROW line of said Interstate 27 a
distance of 991.35 feet to a point;
THENCE South 6032'55" East a distance of 627.05 feet to a point;
THENCE South 2053'45" East a distance of 300.37 feet to a point;
THENCE South 5021'35" West a distance of 181.23 feet to a stake set for the SE corner of
this Easement;
THENCE West 10.00 feet to the PLACE OF BEGINNING.
SAID telephone line or lines shall be buried at least 36 inches below the surface of the
ground and/or paved surface under which it lies, and is for the service of the Lubbock Municipal
Airport.
II.
PERMITTEE after construction, shall, at its cost, restore the surface to its original
condition. PERMITTEE at its own cost and subject to the supervision and control of the CITY
shall locate, construct, and maintain said telephone line or lines in such a manner that it will
not at any time be a source of danger to or interfere with access to or operation of said Muni-
cipal Airport and/or any Municipal facilities and the safety thereof, and PERMITTEE agrees that
at any time CITY builds any improvements and/or facilities which necessitates removal or re-
location of PERMITTEE'S telephone line or lines, that PERMITTEE will forthwith accomplish such
relocation or removal as requested by CITY at the cost and expense of PERMITTEE, and there-
after maintain its telephone line or lines as designated by the CITY.
PERMITTEE agrees that at all times it will indemnify and save harmless the CITY against
all claims, demands, actions or causes of action, arising or growing out of any damage to property
or injury to or death of persons which may be due in any manner to the construction, use, main -
tenance, state of repair or presence of the telephone line or lines installation and to pay
the CITY the full amount of any loss or damage which it may sustain, incur or become liable
for on account thereof.
IV.
THIS PERMIT is given by the CITY and accepted by PERMITTEE upon the express condition that
the same is, and at all times shall be revocable at the will of the CITY; and whenever requested
so to do by the CITY, PERMITTEE agrees at PERMITTEE'S expense to remove said telephone line or
lines installation from the property of the CITY and restore said property to the same condi-
tion in which it was prior to the placing of said telephone line or lines installation thereon.
In case PERMITTEE shall fail to restore the CITY'S premises as aforesaid within thirty (30)
days, CITY may proceed with such work at the expense of PERMITTEE. No termination hereof shall
release PERMITTEE from any liability or obligation hereunder, whether of indemnity or otherwise,
resulting from any acts, omissions or events happening prior to the date of terminataion or such
later date when the telephone line or lines installation may be removed and said premises re-
stored as hereinabove provided.
V.
THIS AGREEMENT shall be binding upon and inure to the benefit of the parties and their
respective legal representatives, successors and assigns, but no assignment hereof by PERMITTEE
shall be binding upon the CITY without the written consent of the CITY in each instance. 0
VI.
THE Term of this grant shall be from year to year (without renewal) not to exceed twenty
years unless sooner revoked at the will of CITY as provided in Sections IV and VII hereof.
VII.
ANY Notice, Request, Instructions or Revocation of this license to be given by CITY to
PERMITTEE hereunder shall be deemed to be properly served if delivered to PERMITTEE or if de-
posited in the Post Office, postpaid addressed to PERMITTEE at 1405 Main Street, Lubbock, Texas
79401, or to the last known address of PERMITTEE.
VIII.
PERMITTEE by the acceptance of the uses permitted herein, understands and agrees that no
interest, title or rights of possession are intended or implied except those expressly set forth
herein and PERMITTEE waives any and all claims in and to the property it is permitted to use
hereby and agrees to give peaceful possession of said property covered herein upon termination
or cancellation of this permit.
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day
and year first above written.
ATTEST:
/s/ Treva Phillips, City Secretary -Treasurer
ACCEPTED:
3 TTEST:
Secretary
CITY OF LUBBOCK
/s/ ROY BASS, MAYOR
SOUTHWESTERN BELL TELEPHONE COMPANY
Its: President
i-34-396-914 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor
(21) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to accept ten lots in East
Lubbock that are being offered to the City by the J.E. Maisen Estate.
-34-396-915 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor
(23) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No.
7157 on first reading.
ORDINANCE NO. 7157
AN ORDINANCE OF THE CITY OF LUBBOCK DETERMINING TO GRANT, PROVIDING FOR AND ALLOWING, UNDER
THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDIT" IN SAID SYSTEM
FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF
LUBBOCK; ELECTING AND PRESCRIBING THE EFFECTIVE DATE OF SUCH UPDATED SERVICE CREDITS AND PRO-
VIDING FOR PUBLICATION.
34-396-916 The City Council considered the disposition of the following parcels of City -owned property,
(24) maps and aerial photos of said properties being on file in the office of the City Secretary:
1. Loop 289 and North Avenue "M" - Excess Loop 289 ROW, part of Lot 8 and parts of Lots
10 and 11, Block 1, E.E. Brown Addition. Two tracts, 3556 sq. ft. and 11,242 Sq. Ft.
A 25' building setback on Avenue M & N and a 10' setback on Loop 289, zoned R-1.
2. Well Site - 52nd and Avenue "N" - Bought in 1951, is located next to alley, never has
been used as well site, possible encroachment by Prefab Metal Building, no structures
at the front of the lot. Approximately 20' x 30'
3. Lot 13 Block6, Westover Heights Addition - Was put up for bid, minimum price $4,000.00
One Bid of $2,100.00 was rejected. 120' x 75' or 9750 sq.ft.
4. Loop 289 and 4th Street Parts of lots on Northwest and Northeast corner of intersection.
EP 2
Northeast corner vacant and not being used. Northwest corner being farmed by adjacent
owner. Northwest corner approximately 26,400 sq.ft. and the northeast corner about
15,300 sq. ft.
5. East 15th Street and Quirt Avenue - 20' x 139.5' excess ROW land currently vacant to
the East.
6. North Indiana and Erskine - Three parcels of excess ROW; the amounts to be sold need to be
determined.
7. Lots in Sunlawn Addition -- Three 60' x 132.5' lots that were deeded to the City in
lieu of paving assessment. Two lots on East Broadway; one on East 13th Street. Tax
appraised value on all three lots is $614 each.
8. 66th Street, Loop 289 and Slide Road. Two triangles of excess Loop ROW. These tri-
angles are being considered in a replat of the area.
9. Excess 43rd Street ROW. A 57.5 foot x 126.5' lot. Of the 57.5 feet, about 25' to 28'
should be used for ROW, which leaves 32.5' to 29.5' surplus. Approximately 4100 sq. ft.
The City sold the similar North part for $260.40.
10. 16' of Lot 6 Block 3 J.H. Dodson Subdivision of the Roberts and McWhorter Addition.
Is designated as Parcel 74 of the 3rd & 4th Street one-way pairs project. The City
has deeded the State 30 feet of the 46 foot lot, and currently holds the surplus 16
feet. Improvements include 2 stucco -frame houses with the new 3rd St. ROW line through
both. The City paid $6,900 for all of parcel 74.
11. Tract out of Block 6, Suburban Homes Addition. Adjacent to City land and Borrow Pit
at 50th and A. This tract was purchased in 1956 for Loop 289 ROW and only part of it
was sold back. Approximately ' 12,180 sq. ft. It has no street access.
12. Excess University Avenue ROW from 42nd to 46th Streets. 9 parcels varying 9' in
width to 29' to width, all about 132' deep. Have appraisal values by Goddard on each
parcel. Has established minimum values by these appraisals.
13. Excess N._2uaker Avenue ROW at Itasca Lot 346. 7,600 square feet, Lot 277-6,000
square feet. Were put up for bid October 1974. No bids were received. Zoning is R1.
Bidders were cautioned that a zone change is unlikely. Minimums were set at $250.00
for Lot 277 and $300.00 for Lot 346.
14. 38th Street and Avenues J,K, & L. Three 21' strips that are excess ROW from 38th
Street. Each could be added to the adjacent lawns.
I
? 15. Tract at E. 16th Street and Vanda Avenue. Located behind the Posey Community Center.
Is currently vacant and weedy. A 337.5' x 108'. In 1969 the City paid $4,000 for both
II tracts of land.
h�
16. Excess Amarillo Hiahway ROW at 4th Street. Parts of four parcels that border private
i property. West of Mackenzie Park. May interfere with future I-27 ROW plans.
17. Lot 15 Block 59, Original Town Addition. Deeded to the City in 1926. A 26' x 125'
Tot located in the middle of the block. Lot being used for storage of bumpers by
I Plains Electro Plating and Bumper Supply Company.
I
18. Tract 55' X 158' on Erskine and Stanton cut off. Adjacent to Hancock Manufacturing
test track, railroad spur runs through property and L P & L has some guy wire poles on
f Southern part. Purchased in 1956, railroad right-of-way granted in 1965.
19. 50th and Indiana water tower site. Approximately 140' x 260' on North part of tract.
j Property faces 49th Street and Joliet Avenue. May be suitable for commercial use.
Would need to retain easement for sewer line in southern part of tract.
20. Excess ROW off of Parcel 70 of the 3rd-4th Street one-way pairs. A strip of land 10'
x 27.8' unimproved. T'-
21. Excess Avenue "Q" Drive ROW. Located North of Auburn Street between Avenue "Q" and
Avenue "Q" Drive. Bordered by overpass riprap. Railroad owns property to the West.
22. Property on 50th Street West of Avenue "A". 258' x 132'. Four frames houses on property,
collecting $35.00 to $45.00 a month.
After consideration of all information presented, motion was made by Councilman West, seconded
by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell voting
Yea, none voting Nay that this property be appraised and authorized publication of Notice to
Bidders for the disposition of this property with the exception of Parcels 11, 14, 16, 18,
20, and 22.
75-34-397-917 The City Council considered the Central Business District development plan. Jim Bertram, Director
(25) of Planning, appeared before the City Council and discussed this plan. After consideration of
all information presented, it was the general consensus of the City Council to continue this
item until a later date.
75-34-397-918
(26)
Charles Galey, Attorney for the Lubbock County Hospital District, appeared before the City
Council in regard to the Hospital District's request for an emergency ambulance service license.
Mr. Galey introduced County Commissioner Alton Brazzell and Mr. Brazzell presented the follow-
ing information as to negotiations with David Ehler and AID Ambulance in resolving the emergency
services program:
1•
•
1. David Ehler will be employed as EMS manager for 2 year contract.
2. David Ehler will divest all interest in Aid Ambulance (Ambulances Inc.)
3. Lubbock County Hospital District will operate EMS.
4. Aid Ambulance will operate transfer service with LCHD agreement for prohibiting hospital
district from operating transfer service.
5. Aid & EMS, phone number appear in phone book under county EMS listing.
Mr. Galey requested that since negotiations were in progress, this matter be postponed until the
October 9 City Council Meeting.
Ernest Finney, Attorney representing David Ehler, appeared and stated he and his client concurred
with the statements made by Mr. Brazzell and Mr. Caley and that he had no further comment.
It was the general consensus of the City Council that this item be placed on the agenda for
the October 9 City Council meeting.
-34-398-919 The City Council considered City -County joint budgets. After discussion of this item, motion
(27) was made by Councilwoman Jordan, seconded by Councilman West that notice be given to people
in the clinics that service to indigents will be phased out October 1 unless some change is
made in proposals of the Lubbock County Hospital Board and the County Commissioners. This motion
failed to carry by the following vote: Councilman West and Councilwoman Jordan voting Yea,
Mayor Bass and Councilman Campbell voting Nay.
It was the consensus- of the City Council to invite the County Commissioners and members of
the Lubbock County Hospital District Board to meet with the Council at the first City Council
meeting in October (October 9). And that the Mayor go to Commissioners Court meeting to state City's
position.
At this time, Mayor Bass announced that the City Council would meet in executive session at
1:00 P.M. in the EOC, regarding pending litigation according to Section 2E, Art. 6252-17,
V.A.T.S. "Open Meeting Law."
-34-398-920 Ernie Prenevost, Manager of Lubbock Transit Corporation, appeared before the City Council request-
(28) ing that the Lease -Management Agreement between the City of Lubbock and Lubbock Transit be renew-
ed. After consideration of all information presented, motion was made by Councilwoman Jordan,
seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, and Jordan voting
Yea, none voting Nay that the following resolution be passed authorizing the Mayor to execute
a Lease Extension Agreement between the City and Lubbock Transit Corporation for a period of one
year. Councilman Campbell abstained and was absent from Council Chambers.
tr4 nL5r&lNNiftfilm
THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute
a LEASE EXTENSION AGREEMENT between the CITY OF LUBBOCK and the LUBBOCK TRANSIT CORPORATION,
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 25th day of September, 1975.
ATTEST: /s/ ROY BASS, MAYOR
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I
LEASE EXTENSION AGREEMENT
WHEREAS, the CITY OF LUBBOCK and LUBBOCK TRANSIT CORPORATION entered into a Lease Manage-
ment Agreement dated September 28, 1972; and, which was extended by Agreements dated September
27, 1973 and October 10, 1974; and
WHEREAS, the parties thereto desire to extend such agreement as shown below; NOW THEREFORE:
WITNESSETH:
THAT the CITY OF LUBBOCK and LUBBOCK TRANSIT CORPORATION do hereby agree to an extension
of the Lease Management Agreement dated September 28, 1972, and extended on September 27, 1973
and October, 1974;
This extension shall be upon the same terms and conditions as stated in the original
agreement, except however, sub -sections (a)(b) of condition 10 or the original agreement is
amended by changing the maximum consideration to TWO HUNDRED FIFTY-ONE THOUSAND, THREE HUNDRED AND
NO/100 DOLLARS ($251,300.00), of which one-half shall be paid from City funds and the other one-half
shall be paid only from Section V Operating Assistance Grant from the: United States Department of
Transportation.
0
1��
01
THE term of this extension shall be on a month to month basis with the right of termination by
either party on thirty days written notice to the other party.
EXECUTED THIS 25th DAY OF September, 1975•
- TAX ROLL- OF REAL AND F R.SO\AL P.�PZRTY IN THE CORPORATE LIMITS OF
TTHE
_ --
---
CITY OF LUBBOCK, AIND/OR LUBEOCK IINDZP;: ;DZNT SCHOOL DISTRICT AS
- --
ASSESSED-BY THr: ASSLSSOR AND COLLECTOR OF TA;( S, OF LUBBOCK, T!=S
-
—
_CITY
--_
MAPITULkTION
OF TI?E 1 C
C U I 1 0 CI `X ROLLS
VALU_ P, hr ,L
LuL Yx.itS iiisL
aVir.L VA:
650,705,6C
CITY REAL ESTATe TROLLS
650,705,600
-
CITY BUSINESSS. PEPSONkL POLLS - -� ---- - -
- 1��,077,830 --
161,077,8:
CITY ONLY BUSINESS PF.RSCSAL i:OLLS
27,003,130
27,003,1,7
"
n CITY MOBILE &OMr, HOLES -- -_� -_� - -- - - -
_
._ I',830,990 --
t----11830,9;
CITY AUTOMOBILL ROLLS
51,291,060
•51,291,0f
rt
dor
�
- -- -------- --- TALs - - -- -- --- -
650,705,600
.24.�.TO 1246,650..
891r952,21
RECAPITULATION OF SCHOOL TAX ROLLS
SCHOOL REAL ESTATZ ROLLS __------- — ---_ - - —
-64914349560
-- -
5
SCHOOL BUSINESS PERSONAL rOL:S
161,077,830
161,077,8
SCHUOL ONLY 1 2Z L—= !;E1: :I IMS
SCHOOL MOBILE HOME ROLLS
11830,990
1,830.9
SCHOOL AUTOMOBILE ROLLS __ _-__ —_�-
51 ', 291, 080 .w
- - --51 , 291; 0
SCHOOL OIL ROLLS
43,660
43,6
_ _$C1300i, ONLY OIL ROLLS - --... - - - - - — —------- -
-- _
�3 77 0 M
TOTALS
649,434,580
_.,
242,690,070
892,124,E
STATE OF TEXAS: -
CITY OF LUBBOCK: 1, John R. Brooks, Tax Assessor -Collector for the City of Lubbock and Lubb ndependent School District do
_ attached, contain a correct and full list of all real estate and personal pro�erty_subject to tion within the City -of Lubbc
Sa far es JRR ve been able to ascertain the same, that I have sworn every person listing prop tome within the City of Lubt
done in a manner and form as provided by Law, and that the assessment value as set down in pr columns opposite the several
thereof, as ascer xnea by Law, and that t e oo ings of the several columns in said books, a e tabulation statement is col
SUBSCRIBED AND .SWORN TO BEFORE. ME, THIS 25TH DAY OF SEPTEMBI�R, 1975
ACTING IN BEHALF 0`' TAB BOARD dl r;%UA LIZbTION FOR WE, THE UNDERSIGNED MAYOR
THE CItY OF LUBBOCK, AND LUBBOCK INDEPENDENT CITY OF LUBBOCK, TiAAS, A'
SCHOOL' DISTRICT, 'I, CHAIRMAN TH.7-_RFOF, A;;D BOARD CERTIFY' THAT WE HAVE ENAK
Y"IBL,RS SIGN THE FINAL APPROI AL OF SAID 1975 PAGES, AS THE: TAX ROLLS P
�TEX , AND APPROVE THE FINAL TOTAL ASSiSSMi lNT' 97
AS MADE BY SAID BOARD. _
10-N R
.__MLMBE1�—__. — F=20ER.--
� OUNCILMk!N OF THE MEETING, MEBY
ND A PPROV LD TIFE FOREGOING
CITY OF LUBBJCK, FOR THE
.ic
I
S EP 2 5 1975
ATTEST:
/s/ Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr., City Attorney
I
I
ATTEST:
CITY OF LUBBOCK
/s/ ROY BASS, MAYOR
LUBBOCK TRANSIT CORPORATION
President
Secretary
75-34-399-921 The City Council considered endorsing the Chamber of Commerce and the Lubbock Regional Airport
i (29) Board position regarding Continental Airlines proposal to subcontract service to Rio Airways.
After consideration of all information presented, motion was made by Councilman Campbell, se-
conded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan and Campbell
voting Yea, none voting Nay to support the Rio Airways -Continental Airlines arrangement for
service by Rio Airways between Lubbock, Wichita Falls, Lawton, Oklahoma, if at the same time,
Continental Airlines will institute non-stop or one -stop through plane jet service to Kansas
,I
City.
:75-34-399-922 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor
(30) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to authorize a Ground
Lease Agreement to Hangars of Lubbock, Inc., for construction of 20 T-hangar units.
See Ground Lease Agreement in Airport File in the City Secretary's Office.
::75-34-399-923 The City Council considered amending the Quasar, Inc., lease for development of fixed base
(31) operator plots. After consideration of all information presented, motion was made by Councilman
Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan and
Campbell voting Yea, none voting Nay to amend this lease with Quasar, Inc., to allow the Airport
to provide for site preparation to an extent not to exceed $20,000. The tenant should contract
I. for this work under the supervision of the Airport's consulting engineers and land rent is to
i� be reduced by 50% until the tenant is paid back for the site preparation cost up to, but not
exceeding $20,000; and, this lease is to be extended by one five-year option (twenty years with
a total lease of three five year options) to be consistent with other ground leases.
75-34-399-924 Item 32 was to consider travel expenditures for Councilwoman Jordan to Washington, D.C., but
I. (32) at the request of Councilwoman Jordan, this item was withdrawn from consideration.
i'
75-34-399-925 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(33) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to approve the 1975
City Tax Rolls.
Set in copy of Tax Rolls.
.75-34-399-926 The following bids were received for chemically cleaning boiler and condenser for Electric Pro-
(34) duction, being Bid No. 3544.
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 and Campbell voting
Yea, none voting Nay to accept the bid of Parkem Industrial Services, Odessa, for chemically
cleaning boiler and condenser for Electric Production.
75-34-399-927 The following bids were received for the purchase of flat steel and angle iron, one lot for the
(35) Public Works Department, being Bid No. 3553.
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 and Campbell voting
Yea, none voting Nay to accept the bid of Mosher Steel Co. for the purchase of flat steel and
angle iron for the Public Works Department.
.75-34-399-928 The following bids were received for the purchase of 100,000 sets of traffic citations for Muni-
(36) cipal Court, being Bid No. 3562.
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 and Campbell voting
Yea, none voting Nay to accept the bid of Moore Business Forms for the purchase of 100,000 sets
of traffic citations for Municipal Court.
75-34-399-929 The following bids were received for the purchase of sirens and light bars for the Police De-
(37) partment and Corporation Court, being Bid No. 3568.
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 and Campbell voting
Yea, none voting Nay to accept the bid of AAA Fire Extinguisher Service for the purchase of Items
1 and 3; accept the bid of Fire Appliance Company of Texas, Wichita Falls, for the purchase of
Items 2 and 5; accept the bid of Daco Fire Equipment Co. for the purchase of Item 4.
SEP z � 196
75-34-400-930 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor
(40) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to accept the bid of
Midwest Reproduction for printing Urban Image Analysis and Planned Unit Development studies.
Jim Bertram, Director of Planning, appeared before the City Council and recommended that this
low bid be accepted.
75-34-400-931 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor
(38) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to reappoint Newton J.
Robison, Jr., and Harold Humphries, and appoint Carroll McDonald and Mrs. W.R. Collier to the
Lubbock Civic Centers Board and set the terms of office for the remaining members. These terms
are for three years and for the above appointees will expire August 1, 1978. The Tech representa-
tive name will be furnished by Tech.
75-34-400-932 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor
(39) Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to appoint Harry Stokley,
Jr., to the Planning and Zoning Commission to replace Roy W. Neal, Jr., who resigned. This term
expries November 16, 1976.
75-34-400-933 Jack Powers, Chairman of the Electric utility Board, appeared before the City Council and pre-
(4) sented the following recommendations of the Board concerning the 34th Street transmission line:
The Electric Utility Board, by a vote of six to one, recommends to the City Council that
the 138 KV Transmission Line connecting Co-op Substation, McCullough Substation and Vicks-
burg Substation:
A. Be routed on 34th Street as originally planned.
B. That the crossarms all extend to the street side.
C. That revised pole locations and heights be as determined by the Consulting Engineers.
D. That the purchase order to Bruce Lake Company be supplemented by $88,051 for four-
teen additional poles ($3,000 of this amount for bracket changes was previously
authorized).
E. That a change order on the contract with High Line Construction be authorized
in the amount of $64,496 for addition of fourteen poles and deletion of twelve
poles in construction contract.
These revisions and change orders will adjust the construction bid of High Line Construction
from $529,584.24 to $594.080.24 and will delete the 34th Street Line twelve poles that will
be placed in inventory for use on the line between Co-op Substation and Holly Avenue Plant.
Value of these twelve poles is $44,515.
Total additional cash outlay is $109,011.
Total additional cost to Lubbock Power and Light is $64,496.00.
Mayor Bass stated that the City Council had been handed a letter from Ralph Brock, Attorney for
the 34th Street Property Owners Association. After reading the letter, the City Council asked
F. 0. Senter Jr., City Attorney to explain the legal aspects of the letter. Mr. Senter made the
following Statement:
"The first paragraph of the letter in essence, is asking the Council to concede that it has no
right to use the street and alleys. The second paragraph makes an attempt to assert that th
Council is disqualified to make any determination, until a judicial determination is made of
the right to appropriate and use the right-of-way because of the fact that we are engaged in
electric operating, production and distribution of electricity, which would be a proprietary
function and he is saying we are acting on governmental capacity under the police power when we
exercise dominion over 34th Street for the benefit of this propietary function. Well, that is
a strange theory. I would like to discuss it a little later. Then he says without limitation
they contend (1) that the proposed construction was not within the contemplation of the parties
as a use for 34th Street when the right-of-way was required; that would be a question of fact,
seems to me for a jury to determine, and then he makes the statement that (2) under the law,
the 34th Street right-of-way connot be used for the purposes proposed; (3) that, in any event,
the proposed use would be an overburden of the 34th Street right-of-way beyond the contemplation
of the parties when the right-of-way for this street was acquired; (4) the proposed use will
damage property on 34th Street. Then he says, 'it is submitted the only discretion the City Counc
has at this time is to refuse to approve the proposal or pursue eminent domain proceedings through
a deposite of the award or declare its disqualification to act without a judicial determination
of its right to proceed as proposed and in the event it fails to obtain such judicial determina-
tion, alternative deposit into the registry of the Court such sums as the Court may require to
secure the compensation of property owners on both sides of 34th Street for any damages they
may sustain by reason of any taking that may be involved'. And, that is the gist of it. He
is also bringing into focus the real question it seems, and that is the billboards and the es-
thetics that might be involved. This has come from time to time from various members of the
34th Street business people, that they are concerned about that and he has attached to it,
Section 1, 'Purpose' as adopted by the Uniform Zoning Ordinance and I would like to go back and
comment on the law as far as use of the street is concerned, and say our research has determined
that the State statutes authorize cities to produce and sell electricity, the City Charter of
the City of Lubbock provides that the City may engage in the production and sale of electricity,
water and gas. These are all proprietary functions. Lubbock, as is well known, is a home rule
municipality and as a home rule municipality, has the authority to do anything that is not
prohibited or is contrary to the constitution or the law of the State, since the State statutes
authorize us to be engaged in this business, and the Charter provides this and the State statute
also gives the home rule city exclusive dominion and control, above, across, and along the
public streets and alleys, Article 1175, Sec. 12, and in view of the fact that the same provi-
4
SEP 2
I Sion is in the Charter of the City of Lubbock, where this exclusive dominion and control is
reserved for the municipality, I do not see where there is any conflict as far as operation of
the electric business and also exercising government decision as to where a line should be
placed. I know and am familiar with a Supreme Court case upon which they are depending to say
that the City is putting an overburden on the street easement. It is a case that was decided
in 1911 and involved a private utility company, a telephone company, and there is also one other
case that might have some argumentative value in support of that, from Lamesa, but it was, there
again, it was involving a private utility outside the city limits of the City of Lamesa, and
all of that to say this, it is a determination that will have to be made by the City Council
as the governing body and also the dual capacity of operating an electric utility to make a
determination as to what should be done. I have told the Council previously that there may be a
possibility that the City may have to pay some damages, but to go ahead and concede that this
is and does constitute a damaging and taking of property ... I think that would be premature
at this time. Now, it occurs to me, that if this is to be brought to Court, and the City
might be sued, if the Council makes this determination, then, under the law, the City has the
right to deny and also challenge the right for an injunction and at the same time, ask the
Court to determine if there is any damage and if so, give an order stating how much it would
have to put up in the registry of the Court. At that time, we could go ahead and proceed with-
out any injunction and go ahead and complete the line and then we would be arguing this out
in Court in an orderly manner, but I cannot see how you can take these statements in this letter
and abrogate all your responsibility based on it. This last paragraph, they make the state-
ment 'we expect the City Council to regulate its own activities in compliance with the stated
"purposes of the Council when it adopted the comprehensive zoning ordinance and sign regulation'.
I see very little connection between the zoning law and this question today."
After hearing Mr. Senter's statement, Councilwoman Jordan stated it was her understanding that
the 34th Street route had been previously approved by the City Council by a unanimous vote and
asked Mr. Senter what action, if any, was necessary at this time. Mr. Senter stated that the
Council could accept the report of the Electric Utility Board and make determination whether
they wished to proceed, if so, a change order would need to be authorized.
Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
Bass, Councilmen West, Jordan and Campbell voting Yea, none voting Nay to approverecommendations of
the Electric Utility Board as set out above, and that the purchase order to Bruce Lake Company be
supplemented by $88,051 for 14 addition poles ($3,000 of this amount for bracket changes was
previously authorized) and to authorize a change order to the contract with High Line Construction
Company in the amount of $64,496 for the addition of fourteen poles and deletion of twelve poles.
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL AD-
JOURNED FROM REGULAR MEETING, September 25,
14 Lamm
ATTEST: ROY BASS MAYOR
Treva Phillips, City ecretary-Treasurer
READ AND APPROVED THIS THE 9th day of October, 5.
ATTEST: ROY BAS , MAYOR
Treva Phillips, City cretary-Treasurer