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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 r r 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� r r 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