HomeMy WebLinkAboutMinutes - City Council - Regular - 12/17/19754
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REGULAR CITY COUNCIL MEETING:
December 17, 1975
The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place
at City Hall, the following members thereof being present, to -wit:
Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Counci
man Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City
Secretary -Treasurer Treva Phillips.
Absent: None.
75-34-485-2064
The invocation was given by Sam Wahl, Director
of Public Works.
(1)
75-34-485-2065
The Pledge of Allegiance to the Flag was given
in unison by those present
in the Council Chamber
(2 )
75-34-485-2066
Bill Williams appeared before the City Council
requesting permission to
obtain fill material
(4)
from City -owned Lake No. 31 (Buster Long Park).
After consideration of
all information presentE
motion was made by Councilman West, seconded by
Councilman Henry, motion
carried, Mayor Bass,
Councilmen West, Jordan, Henry and Campbell voting
Yea, none voting Nay
to grant this request ar
that the fill material be sold to Mr. Williams
at 25� per cubic yard.
75-34-485-2067 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(5) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7188 on second and final reading.
AN APPROPRIATION ORDINANCE ORDINANCE NO. 7188
WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate ceru
specific funds out of bond funds for an approved project;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Electric
Light and Power System Revenue Bond Fund
The sum $94,360.00
For the following purpose: To purchase one million gallon fuel oil storage tank for Holly Stear
Unit #2 as per Specification LB-501
75-34-485-2068 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass.
(6) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7176 on second and final reading.
ORDINANCE NO. 7176
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6548 OF THE CITY OF LUBBOCK, BY REPEALING
CONDITION 1 IN SECTION 1 THEREOF; PROVIDING NEW CONDITIONS THEREOF; PROVIDING A PENALTY; PROVI[
ING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
75-34-485-2069 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass
(7) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7177 on second and final reading.
ORDINANCE NO. 7177
AN ORDINANCE AMENDING ZONING ORDINANCE NO, 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCI
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2019: CHANGE LOT 21, FAMILY PARK ADDITION,
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-3" TO A "C-4" ZONING DISTRICT; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
75-34-485-2070 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass
(8) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7178 on second and final reading.
ORDINANCE NO. 7178
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOC>
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2020: CHANGE LOTS 1-26, BLOCK 1 AND LOTS ]-
AND 14-25, BLOCK 2, RHYNE SIMPSON #2 ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN
"R-2" TO AN "R-l" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
75-34-485-2071 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass
(9) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7179 on second and final reading.
ORDINANCE NO. 7179
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOC
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2021: CHANGE LOTS 8 AND 9, BLOCK 2, GARLAND
BLAKE SUBDIVISION ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4" TO AN "M-1"
ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
75-34-485-2072 Motion was made by Councilwoman Jordan, seconded by Councilman West,.motion carried, Mayor Bass
(10) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
14
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17 1975
75-34-486-2073
(1 1 )
75-34-486-2074
(12)
75-34-486-2075
(13)
75-34-486-2076
(14)
ORDINANCE NO. 7180
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6177 OF THE CITY OF LUBBOCK BY AMENDING CONDITION
NO. 1 IN SECTION 1 THEREOF AS TO DEVELOPMENT SET -BACKS ONLY; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7181 on second and final reading.
ORDINANCE NO. 7181
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 921-F: CHANGE A TRACT OF LAND OUT OF SECTION
3, BLOCK E, ALSO LOT C, BRIERCROFT ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN
"R-3" SPECIFIC USE TO A "C-3"" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7182 on second and final reading.
ORDINANCE NO. 7182
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK
SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2022: CHANGE LOT 4, BLOCK 70, OVERTON ADDITION
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-21" TO AN "A-2" ZONING DISTRICT; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7183 on second and final reading.
ORDINANCE NO. 7183
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6285 OF THE CITY OF LUBBOCK BY AMENDING THE SITE
PLAN MADE A PART THEREOF; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7184 on second and final reading.
ORDINANCE NO. 7184
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7054 OF THE CITY OF LUBBOCK BY AMENDING THE CONDI-
TIONS MADE A PART THEREOF; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
75-34-486-2077 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(15) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7185 on second and final reading.
75-34-486-2078
(16)
75 -34-486 -20 79
(17)
ORDINANCE NO. 7185
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED
"SUBDIVISIONS", BY AMENDING SECTION 29-4 THEREOF PROVIDING FOR HALF STREETS; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7186 on second and final reading.
ORDINANCE NO. 7186
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED
"STREETS AND SIDEWALKS", BY AMENDING SECTION 28-91 THEREOF TO PROVIDE FOR APPROVAL OF HALF -STREET
PAVING; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
NOTICE OF CITY COUNCIL HEARING
NOTICE is hereby given to owners of the property hereinafter described or referred to and to all
other persons as provided by law, that the City Council will hold a public hearing on the l7th
day of December, 1975, at 9:30 A.M., in the City Council Chamber on the Second floor of the City
Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission
that the zoning district of the property herein described be changed; and at which time and place
all interested persons will be given an opportunity to be heard, after which hearing, the City
Council will determine whether the Zoning Ordinance and map will be amended in accordance with
such recommendation:
ZONE CASE NO. 1124-8 - Appeal of Wesley Meeker (for 3M and S Enterprises) to change Lots 11, 12
and west 61 of Lot 13, R. C. Williams Addition, City of Lubbock, Lubbock County, Texas, from
"R-3"" to "A-2" Zoning District. (Located at the N.E. corner of University Avenue and 46th Street.)
The Planning and Zoning Commission recommended to the City Council that this request be denied.
Treva Phillips, Secretary -Treasurer
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DEC 17 .
In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No.
1124-B - Appeal of Wesley Meeker (for 3M and S Enterprises) to change property located at the
northeast corner of University Avenue and 46th Street from "R-3" to "A-2" Zoning District. The
Planning and Zoning Commission recommended that this request be denied. Mayor Bass called for
proponents and opponents to appear before the City Council. Wesley Meeker appeared in support
of this zone change request and presented a site plan. Jim Bertram, Director of Planning,
presented the recommendations of the Planning and Zoning Commission. Mr. Bertram stated that
this property should not have been zoned for office uses and should be returned to "R-2".
No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After
consideration of all information presented, motion was made by Councilwoman Jordan to deny the
request for "A-2" zoning and return this property to "R-2" zoning. This motion died for lack c
a second.
Motion was then made by Councilwoman Jordan to deny this request. This motion died for lack of
a second.
After further discussion, motion was made by Councilman Henry, seconded
motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell
by Councilwoman Jordan,
voting Yea, none voting
Nay to uphold the recommendations of
the Planning
and Zoning Commission
to deny this
appeal.
75-34-487-2080 The City Council reviewed the application for 1976
Community Development
Program
funds and
(18 & 22) considered the rehabilitation proposal
for Clover
Gardens. Jim Bertram,
Director
of Planning,
appeared and discussed the amount of
money in the
contingency fund and made comments
regarding
proposed amendment to the Community
Development Program.
Orville Alderson, Urban Renewal Director,
appeared,
stating the Urban Renewal
Board
places the
rehabilitation of Clover Gardens as
top priority and
presented the following cost
estimate on
the Clover Gardens Area.
CLOVER
GARDENS AREA -
COST ESTIMATE
6E-1-16 6A-4-la
Clover Gardens
Residence (60'
x 1711)
TOTALS
1. Acquisition
A. Appraisals
lst
$ 5,000
$ 95 $
150
$ 5,245
2nd
5,000
-0-
-0-
5,000
B. Review Appraisal
3,500
55
75
3,630
C. Legal
1,500
200
200
1,900
D. Miscellaneous
500
75
75
650
E. Purchase Price
100,000
15,800
5,000
120,800
2. Relocation
-0-
5,500
1,000
6,500
3. Demolition
12,320
450
- 0-
12,770
SUBTOTALS
127,820
22,175=',
6,500**
156,495
4. Contingency & Administrative
12,782
15,649
(10%)
Alternate A - Essential 1st
Alternate B - Possible
1st
Yr. Funds
140,602
Yr.
Funds
172,144
5. Site Improvements
A. Alleys (Paving)
(2 - 20' Alleys)
61,560
61,560
B. Street (Paving)
(Industrial Bypass)
33,197
33,197
C. Parking Lots
1. Paving 46,758
2. Approaches 6,000
3. Sidewalks 14,400
67,158
67,158
D. Street Lights 12 @ $280
3,360
3,360
6. Utility Relocation
2,565
2,565
SUBTOTAL A
167,840
(6E-1-16)
22,175*
(6A-4-1a)
6,500**
SUBTOTALS
(Alt. A)
196,515
(Alt. B)
167,840
7. Contingencies & Administration
(10%)
19,651
16,784
2nd Year - Alternate A
$ 216,166
2nd Year -Alternate B
$ 184,624
TOTALS
$356,768
$ 356,758
Fol
17 1075
75-34-488-2081
(19 & 20)
Fred 0. Senter, Jr., City Attorney, discussed the legal aspects of a contract with the prospec-
tive developer.
After consideration of all information presented, motion was made by Councilwoman Jordan that
Alternate A be approved with $140,602 out of the first year Community Development contingency
funds and $216,166 out of the second year Community Development contingency funds, with the
understanding that none of this will be spent until there is some firm negotiation that developer
will rehabilitate Clover Gardens. Councilman Henry seconded this motion with the addition that
it be understood that "developer'' would mean any qualified developer that Urban Renewal can
qualify. This motion carried by the following vote: Mayor Bass, Councilmen West, Jordan, Henry
and Campbell voting Yea, none voting Nay.
Mr. Bertram stated that the prospective developer is asking for immediate help in cleanup opera-
tions in Clover Gardens. After discussion, it was the consensus of the City Council that the
City not pay for this cleanup.
Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass,
Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to transfer $70,000 from
first year Community Development contingency funds to pay for North Quirt Avenue landscaping and
street lighting and to set a time for a public hearing on that transfer.
Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor
Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to amend the pre-
viously approved application for 1976 Community Development Program funds as follows: (1) Delete
two blocks of paving in Knoxville from 30th to 32nd Streets and Avenue S from 46th to 45th Streets
and substitute two blocks of paving on East 14th Street from Magnolia to Quirt and East 17th Street
from Magnolia to Quirt; (2) Add $2,500 for utilities ahead of paving (related to new streets out-
lined in No. 1 above); (3) Add $3,000 for trial lighting on Broadway, using existing poles and
converting from mercury vapor to sodium vapor luminaires; (4) Delete $47,000 from residential
street lighting program and reallocate funds to contingency fund; (5) Add Clover Gardens Project
of $216,166; (6) Reinstate 10% reduction in Clayton -Carter Project of $48,962; (7) Reinstate 10%
reduction in Bean School Project of $48,616; these changes resulted in an approved application of
$5,328,000 which includes a contingency balance of $359,996.
At this point, Councilman Campbell discussed cost overruns. After consideration by the City
Council, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried,
Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the City
Council will authorize payment of architect's fee only on his original cost estimate and no pay-
ment will be made on overruns.
The City Council discussed a proposed contract for archeological excavation and funding for
Lubbock Lake Site.
Jim Bertram, Director of Planning, appeared stating that Dr. Holden and Dr. Windorff, members of
the Antiquities Committee had contacted him requesting an opportunity to review this matter with
the Staff. His recommendation was that the City Council honor their request.
Bob Nash, Chairman of the Lubbock Lake Site Committee, appeared requesting the City Council
to reject the proposal in its present form until more information is gathered.
After consideration of all information presented, motion was made by Councilman Campbell, seconded
by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell
voting Yea, none voting Nay to reject the request for funds until more information is received
from the people involved. Mrs. Blankenship appeared expressing a desire to help in getting a
solution to this matter resolved.
75-34-488-2082 The City Council considered a left turn indication at Flint Avenue and 19th Street. David Elliott,
(21) of Traffic Engineering Department, appeared and presented a drawing of this intersection and the
traffic count. After consideration of all information presented, motion was made by Councilwoman
Jordan to authorize installation of left turn indicators by implementing "split -phase" operation
at this intersection, on the basis that it will be subject to change at the time the intersection
opens at Indiana Avenue. This motion died for lack of a second. After further consideration,
motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
Bass, Councilwoman Jordan and Councilman Campbell voting Yea, Councilmen West and Henry voting
Nay to authorize installation of left turn indicators by implementing "Split -phase" operation at
this intersection (Flint 6 19th) on the basis that it will be subject to change at the time the
intersection opens at Indiana Avenue at a cost of approximately $2,000, and authorize reallocation
of revenue sharing funds to pay for this installation.
75-34-488-2083 At this point, Councilman Campbell introduced the following resolution:
(38)
RESOLUTION
WHEREAS, there have been many recent incidents of hostages being taken for criminal purposes
in the United States and throughout the world; and
WHEREAS, there have been numerous cases of personal injury and even death to the hostages,
citizens or law enforcement officers; and
WHEREAS, there have been two situations in Lubbock in the past year when hostages have been
taken by armed men; and
WHEREAS, the Lubbock Police Department has responded to both situations with unusual skill
and intelligence; and
WHEREAS, both situations were successfully resolved without the Lubbock Police Department
firing a single shot, and without any personal injury; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the members of the City Council, on behalf of the citizens of the City of Lubbock, do
hereby express our thanks and appreciation to the Police Department for the ability they exhibit
in their protection of the citizens and the exceptional coolness, bravery and expertise they have
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Passed by the City Council this 17th day of December, 1975.
/s/ Roy Bass
Roy Bass, Bayor
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the above
resolution be passed.
75-34-489-2084 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bas!
(23) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the request
of Bill Williams to pave one-half of 53rd Street between Bangor Avenue and Chicago Avenue and
the east one-half of Chicago Avenue north of 53rd Street adjacent to Tract A, Newman Addition
subject to the necessary drainage easements being granted.
75-34-489-2085
(24)
75-34-489-2086
(25 )
Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bas.
Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7189 on first reading.
AN APPROPRIATION ORDINANCE
ORDINANCE NO. 7189
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: Widening of Avenue H
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is hereby appropriated out of the following described bond fund, to -wit: Street
Improvement Bond Fund GWO
The sum $3,000.00
For the following purpose: Moving of Abercrombie Lumber Yard from present location at 4th Strer
and Avenue H as awarded by Judgement No. 897 on February 9, 1970 in
the County Court At Law No. 1, Lubbock County, Texas.
Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bas
Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following
resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Natural Gas Line Land Use Permit Agreement to Pionee
Natural Gas Company as Permittee for a gas line to serve Municipal Airport of the City of Lubbo
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
f herein in detail.
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Passed by the City Council this 17th day of December, 1975.
/s/ R6y Bass
ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
NATURAL GAS LINE LAND USE PERMIT AGREEMENT
i
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
THIS AGREEMENT entered into as of the 17th day of December, 1975, by and between the CITY
OF LUBBOCK, a Texas Home Rule Municipality, herein called "CITY", acting through its MAYOR here
unto duly authorized, and PIONEER NATURAL GAS COMPANY , a corporate public utility company,
acting by and through its undersigned officers hereunto duly authorized, herein called"PERMITTE
as follows:
KNOW ALL MEN BY THESE PRESENTS:
T;
THAT in consideration of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable conside-
ration 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 under-
ground gas distribution line in, upon, under, along, and across the following described real
estate owned and controlled by said CITY, to -wit:
A 20.00 foot Natural Gas Line Land Use Permit, to Pioneer Natural Gas Company, out of Section
28, Block A, Lubbock County, Texas, said permit area being 10.00 feet either side of the
following described center line:
BEGINNING at a point which bears north 2,740 feet, more or less, and east I20.00 feet, more
or less, from the southwest corner of said Section 28, Block A, and said point being the
east right-of-way line of Interstate Highway 27 and 10.00 feet north of the north curb of
the north lane of the entrance road of the existing Lubbock Regional Airport;
THENCE east, parallel to and 10.00 feet north of said curb, a distance of 421.00 feet to a
point, said point being 10.00 feet west of the west curb of an intersecting north -south
street;
THENCE north a distance of 10.00 feet to a point;
THENCE northeasterly, along a curve to the right with a radius of 255.00 feet, a distance of
175.00 feet to a point;
THENCE northerly, along a curve to the left with a radius of 235.00 feet, a distance of
161.00 feet to a point;
THENCE north a distance of 77.00 feet to a point;
THENCE east a distance of 65.00 feet to a point;
SAID Gas Line shall be buried 36 inches below the surface of the ground and/or paved surface
under which it lies, and is for the service of Lubbock Municipal Airport tenant and/or Lessee.
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 Gas Line 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 Municipal 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 relocation of PERMITTEE'S Gas
Line, that PERMITTEE will forthwith accomplish such relocation or removal asrequestedby CITY at
the cost and expense of PERMITTEE, and thereafter maintain its gas line 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,
maintenance, state of repair or presence of the Gas Line 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 Gas Line installation
from the property of the CITY and restore said property to the same condition in which it was
prior to the placing of said Gas Line 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 termination or such later date when the Gas Line installa-
tion may be removed and said premises restored 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.
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.
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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
deposited in the Post Office, postpaid addressed to PERMITTEE at 1500 Broadway, Lubbock, Texas
794ol, or to the last known address of PERMITTEE.
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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
I�
day and year first above written.
CITY OF LUBBOCK
BY:
ROY BASS, MAYOR
ATTEST:
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
Fred 0. Senter, Jr., City Attorney
ACCEPTED:
PIONEER NATURAL GAS COMPANY
BY:
ITS: PRESIDENT
ATTEST:
Secretary.
75-34-491-2087 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
(28) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following
resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute
for and on behalf of the CITY OF LUBBOCK an AGREEMENT between CITY OF LUBBOCK and the SOUTH
PLAINS COMMUNITY ACTION ASSOCIATION, INC., of LEVELLAND, TEXAS, to provide FOOD STAMP OUTREACH
in Lubbock County, 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 l7th day of December, 1975.
/s/ Roy Bass
ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK X
CONTRACT FOR FOOD STAMP OUTREACH
This contract and agreement is made and entered into by and between the South Plains Community
Action Association, Inc., hereinafter referred to as Contractor, and the City of Lubbock acting
through its Community Services Department, hereinafter referred to as Subcontractor. The
parties hereto have severally and collectively agreed and by the execution hereof are bound to
the mutual obligations and to the performances and accomplishment of the tasks hereinafter
described:
SECTION I. PERFORMANCE OF THE SUBCONTRACTOR
Subcontractor shall, in as complete and satisfactory a manner as possible, supervise and
be responsible for the implementation in the County of Lubbock of a food stamp outreach to pro-
vide information about the food stamp program to low income householdswho may be entitled to
food stamps. Subcontractor shall contact persons not participating in the food stamp program
for the purpose of (a) informing them of eligibility requirements, (b) helping them assess their
income and resources as they relate to eligibility requirements, (c) referring those persons
who want to test their eligibility to the State Department of Public Welfare local offices, anc
(d) fulfilling other requirements as stipulated in the State Department of Public Welfare's
Food Stamp Outreach Handbook and in all revisions or amendments thereto.
Subcontractor shall employ at least two qualified persons as outreach workers to implement
this plan, and shall make special efforts to reach the elderly, the disabled, the blind, and
the homebound. Sub contractor shall maintain a valid referral rate of not less than 70%, as
; C 't 7 1975
determined on the basis of total number of households referred and subsequently determined by the
State Department of Public Welfare to be eligible, compared to the total number of households
referred; on a monthly basis, each outreach worker will be expected to make a minimum average of
four (4) contacts daily. The services of the Subcontractor shall be provided, in the aggregate,
in the County of Lubbock with special emphasis on the low income areas of the City of Lubbock,
to the fullest extent practicable.
SECTION II. PERIOD OF PERFORMANCE.
All performances to be rendered by Subcontractor hereunder shall commence on January 2,
1976, or as soon thereafter as possible, and shall terminate on February 28, 1977.
SECTION III. METHOD OF PAYMENT.
Contractor shall reimburse Subcontractor for approved monthly expenditures in accordance
with the terms of this contract, upon receipt of a proper and verified statement. Reimbursement
shall be on the basis of actual monthly expenditures, with administration not to exceed ten
percent (10%) of total expenditures; in no event shall the total of all payments, liabilities,
obligations or other consideration from and of Contractor to Subcontractor exceed the total sum
of eighteen thousand five hundred and twenty dollars ($18,520).
SECTION IV. REPORTING
The Subcontractor shall submit such records, information and reports in such form and at
such times as may be required by the Contractor and the State Department of Public Welfare.
SECTION V. AUDIT.
The Subcontractor shall furnish the Contractor with an audit report of an audit conducted
by an independent certified public accountant or a licensed public accountant covering funds
awarded under this Contract for the Contract period. An audit performed as a partof Subcon-
tractor's regular program audit will be accepted by the Contractor provided audit reports are
furnished the Contractor which cover the above -specified period of time.
SECTION V1. DEPARTMENT MONITORING
The Subcontractor shall permit the Contractor to inspect and shall make available to Con-
tractor for inspection any or all pertinent records, files, information or other written
material maintained by Subcontractor or any person or other entity with whom any portion of the
performance hereunder has been in turn subcontracted by Subcontractor. The Subcontractor shall
permit the Contractor free access to all premises under its control or under the control of any
person or other entity with whom any portion of the performance hereunder has been subcontracted.
SECTION VII. LOCAL GOVERNMENT COORDINATION
Subcontractor shall achieve the greatest degree practicable of coordination with and
participation of such local general purpose governments in the performance of the terms hereof
and in the operations of this program. In no event shall Subcontractor operate a program,
deliver a service or otherwise engage in activities within the territorial jurisdiction of any
local general purpose government whose governing body has formally requested that such Subcon-
tractor cease to operate within the territorial jurisdiction of such local general purpose
government; provided that a local general purpose government may not effectuate the removal of
services within the territorial jurisdiction of another local general purpose government whose
territorial jurisdiction lies partially or wholly within the territorial jurisdiction of the
larger general purpose government.
SECTION VIII. EARLY TERMINATION.
This contract may be cancelled by mutual consent; however, if such mutual consent cannot be
attained, then and in that event, either party to this contract may consider it to be cancelled
by the giving of thirty (30) days notice in writing to the other party and this contract shall
thereupon be cancelled upon the expiration of such thirty (30) day period.
SECTION IX. MAINTENANCE OF EFFORT
The Subcontractor agrees that the funds and resources provided the Subcontractor under
the terms of this Contract will be used solely for expenditures in payment of the performance
required of Subcontractor by this Contract, and that such funds and resources will in no way be
substituted for funds and resources from other sources nor in any way serve to reduce the
resources, services, or other benefits which would have been available to, or provided through,
the Subcontractor had this Contract not been executed.
SECTION X. AVAILABLE FUNDS
It is expressly understood and agreed upon by the parties hereto that all performances on
the part of the Contractor are contingent upon and subject to actual receipt by the Contractor
of sufficient and adequate funds and/or other consideration from the State Department of Public
Welfare to fully perform the obligations and duties of Contractor as specified by this Contract.
SECTION XI. CHANGES
Any alteration, addition or deletion to the terms of this Contract shall be by amendment
hereto in writing and executed by both parties hereto except as may be expressly provided for
in some other manner by the terms of this Contract.
SECTION XII. COMPLIANCE WITH LOCAL LAWS
Subcontractor shall comply with all applicable laws, ordinances, codes and regulations of
49
DEC 17 19�5
IF 75-34-496-2096
(27)
UTILITY RATES
Review
of
Automatic cost pass Thru
5
CITY OF LUBBOCK
Finance Department
December 11, 1975
9
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SECTION XIII. EQUAL EMPLOYMENT OPPORTUNITY
in
The Subcontractor will not discriminate against any employees employed /the performance of
this Contract, or against any applicant seeking employment on the basis of race, sex, color,
religion, national origin or creed. Subcontractor will take affirmative action to ins.yre that
applicants are employed, and that employees are treated during employment, without regard to
their race, sex, creed, color, or national origin. This requirement shall apply to, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruit-
ment advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
SECTION XIV. EQUAL OPPORTUNITY
Subcontractor agrees that no person shall, on the ground of race, sex, creed, color, religio
or national origin, be excluded from participation in, be denied the proceeds of, be denied the
r benefits of, or be subject to discrimination in the performance of this Contract.
SECTION XV. RELATIONSHIP TO PRIME CONTRACT
Subcontractor understands that it is a subcontractor under the agreement in primary con-
tract between South Plains Community Action Association, Inc., and the Texas Department of
Public Welfare, and Subcontractor specifically agrees to accept and abide by all terms and condi-
tions imposed on subcontractors under that primary contract, a copy of which is attached hereto
and incorporated by reference herein.
For the faithful performance of the terms of this Contract, the parties hereto in their
capacities as stated, affix their signatures and bind themselves effective the 17th day of
December, 1975, and continuing indefinitely subject to the availability of appropriated funds.
WITNESS OUR HANDS THIS 17TH DAY OF DECEMBER, 1975.
CITY OF LUBBOCK
BY /s/ Roy Bass
ROY BASS, MAYOR
SOUTH PLAINS COMMUNITY ACTION ASSOCIATION,
INC.
BY
HOWARD MADDERA, Executive Director
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
75-34-495-2088
Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass,
(29)
Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No.
7190 on first reading.
ORDINANCE NO. 7190
AN ORDINANCE APPROVING PASSENGER FARES ESTABLISHED BY LUBBOCK TRANSIT CORPORATION.
' 75-34-495-2089
Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor
' (30)
Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept $3,500.0
from Santa Fe Improvement Company for 1974 paving assessment Sub -unit 3 of Unit 2231-3, Frank -
ford Avenue from 36th Street to 41st Street and waive the interest in the amount of $91.48.
75-34-495-2090
The following bids were received for the purchase of 40' wooden distribution poles for warehouse
(31)
stock, being Bid No. 3657.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by
Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell
voting Yea, none voting Nay to accept the bid of Keystone Supply Co., Kansas City, for the
purchase of wooden distribution poles for warehouse stock.
75-34-495-2091
The following bids were received for the purchase of vacuum switches for Electric Distribution,
(32)
being Bid No. 3664.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by
Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell
voting Yea, none voting Nay to accept the bid of Trayer Engineering Co., R.D. Erb Co., San
Antonio, for the purchase of vacuum switches for Electric Distribution.
75-34-495-2092
The following bids were received for the purchase of watthour meters for Electric Distribution,
(33)
being Bid No. 3673-
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by
Councilman Campbell,, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell
V__ ............ ....+;. AID.. to arrant tha herf of NPlcnn Fler.tric SuDDIV Co. for the purchase of
Ifluo
17 1915
75-34-496-2093
(34)
The following bids were received for the sale of City -owned property located at 4818 14th Street
(Lot 13, Block 6, Westover Heights Addition) being Bid No. 3676.
Bid Tabulation set in Bid Book.
After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by
Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting
Yea, none voting Nay to accept the bid of Kim Craig for the sale of City -owned property.
75-34-496-2o94 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass,
(26) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following
resolution be passed.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute
for and on behalf of the CITY OF LUBBOCK a SPECIAL WARRANTY DEED in favor of KIM R. CRAIG,
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 17th day of December, 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
SPECIAL WARRANTY DEED
THE STATE OF TEXAS X
/s/ Roy Bass
ROY BASS, MAYOR
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK X
THAT, THE CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of
Texas, for and in consideration of the sum of THREE THOUSAND TWO HUNDRED EIGHTY AND 50/100
($3,280.50) DOLLARS and other good and valuable consideration, to it in hand paid by KIM R.
CRAIG, hereinafter called "GRANTEE", of Lubbock County, Texas, receipt and sufficiency of which
is hereby acknowledged and confessed, and for the payment of which no right or lien, expressed
or implied is retained:
Has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto the
said GRANTEE of Lubbock County, Texas, all that certain tract and parcel of land lying and being
situated in Lubbock County, Texas, and being more particularly described as follows:
Lot 13, Block 6, Westover Heights Addition to the City of Lubbock, Lubbock County, Texas,
subject to any deed or plat restrictions thereon of record in the Lubbock County, Texas,
Clerk's Office.
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging to the said Grantee, his successors and
assigns, forever and the City of Lubbock does hereby bind itself, its successors and assigns to
Warrant and forever defend all and singular the said premises unto the said Grantee, his
successors and assigns, against every person whomsoever lawfully claiming or to claim the same,
or any part thereof, by, through, or under it.
WITNESS MY HAND AT LUBBOCK, TEXAS, this l7th day of December, 1975.
/s/ Roy Bass
ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips
Treva Phillips, City. Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
75-34-496-2095 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor
(35) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint
Richard Rollison and appoint Rex Aycock to the Housing Authority Board. These terms are for
two years and will expire December 27, 1977.
75-34-496-2096 The City Council considered the semi-annual review of automatic fuel cost adjustments. Ervin
(27) Looney, Internal Auditor, appeared before the City Council and presented a review of the
automatic fuel cost adjustments.
Copy of Review set in on Page 494. -
Fred Senter, City Attorney, made comments regarding using an outside rate analyst.
DEE,' 17 197!
"M
75-34-497-2097
(37)
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After considerable discussion, motion was made by Councilman Henry that the City Council ask the
Staff to consider revising the contribution from Lubbock Power and Light to the General Fund.
This motion died for lack of a second.
Motion was made by Councilwoman Jordan, that the City Council accept the Staff report with no
change at this time. This motion died for lack of a second.
No other action was taken on this item.
Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor
Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following
resolution be passed.
RFSnI IIT I nN
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 COVER SHEET of the STATE HIGHWAY DEPARTMENT for
improvements to U.S. HIGHWAY 84, 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 l7th day of December, 1975.
/s/ Roy Bass
ROY BASS, MAYOR
ATTEST:
/s/ Treva Phillips
Treva Phillips, City Secretary -Treasurer
APPROVED AS TO FORM:
/s/ Fred 0. Senter, Jr.
Fred 0. Senter, Jr., City Attorney
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR
MEET, DECEMBER 17, 1975.
qw
RO BAS , MAYOR
ATTEST:
TREVA PHILLIPS, CITY
CRETARY-TREASURER
READ AND APPROVED THIS THE 8th day of January, 1976.
ATTEST:
TREVA PHILLIP , CITY CRETARY-TREASURER
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