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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/8/1976JAN 1 8 1976 N r I r r r REGULAR CITY COUNCIL MEETING: JANUARY 8, 1976 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 76-35-1-1 The invocation was given by Mayor Roy Bass. (1) 76-35-1-2 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2 ) 76-35-1-3 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (3) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meetings held December 11 and December 17, 1975, as corrected. At 9:35 A.M., Mayor Bass announced that the City Council would hold an Executive Session at 11:45 A.M. to discuss the purchase of real property, in accordance with Section 2F, Article 6252-17, V.A.T.S. 76-35-1-4 Don Crow and Tommy Claiborne, representing Don Crow Chevrolet, appeared before the City Council (6) requesting reconsideration of Items 3, 8 and 12 of Bid No. 3626. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Councilmen West, Jordan, Henry and Campbell voting Yea, Mayor Bass voting Nay to grant this request to withdraw the bid of Don Crow Chevrolet due an obvious error in the bid. 76-35-1-5 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (7) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7189 on second and final 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 10901 The sum $3,000.00 For the following purpose: Moving of Abercrombie Lumber Yard from present location at 4th Street and Avenue H as awarded by Judgement No. 897 on February 9, 1970 in the County Court At Law No. 1, Lubbock County, Texas. 76-35-1-6 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (8) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7190 on second and final reading. ORDINANCE NO. 7190 AN ORDINANCE APPROVING PASSENGER FARES ESTABLISHED BY LUBBOCK TRANSIT CORPORATION. 76-35-1-7 NOTICE OF CITY COUNCIL HEARING (9) 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 8th day of January, 1976, 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: i ZONE CASE NO. 2023 - Appeal of Glenn Antwine to change Lots 347 thru 365, Greenlawn Addition, City of Lubbock, Lubbock County, Texas, from R-1 to A-1 Zoning District. (Located north of 34th Street between Chicago Ave. and Bangor Ave.) The Planning and Zoning Commission recommended to the City Council that this request be denied. /s/ Treva Phillips Treva Phillips, City Secretary In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2023 - Appeal of Glenn Antwine to change property located north of 34th Street between Chicago i Avenue and Bangor Avenue from "R-I" to "A-1" Zoning District. The Planning and Zoning Commission i recommended that this request be denied. Mayor Bass called for proponents and opponents to appear before the City Council. Glenn Antwine, representing Lubbock Christian College (owner , li appeared in support of this zone change request. Wayne Hickman, Mrs. Joe Bob Locke and Mrs. Joe S 1976 presented, 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 uphold the recommendations of the Planning and Zoning Commission and deny this appeal. At this point, Mayor Bass recognized Mr. Ken Horn of the Association of Retired People. Mr. Horn expressed to the City Council his appreciation on behalf of the Association, for the Senior Citizens' Center. C i 76-35-2-8 The City Council considered bids for site clearance work at the Day Care -Well Baby Clinic site. (13) After consideration of all bids received, 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 to accept the bid of J. L. Kubacak in the amount of $4,875 and that Zoning Department Funds be used for this site clearance. 76-35-2-9 The City Council considered a report on designated parking spaces for the physically handicapped. (14) After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the City Manager be directed to install the following designated parking spaces for the handicapped as suggested by the Texas Wheelers and that the regulation of the use and enforcement of these parking spaces for the handicapped be that as established by Senate Bill 27, passed by the 64th Legislature and effective April 1, 1976. PARKING SPACES FOR HANDICAPPED DRIVERS Texas and 9th - Chamber of Commerce Texas and 9th - Ron Sewell Ford 8th and J - south of Avalanche Journal Main and 0 - north of 1st National Bank Main and N - north of telephone building Main and L - across from West Texas Hospital Main and K - north of Furr's Main and J _ north of Mary Ware Main and J - north of Lindsey Theater Main and Texas - north of Courthouse Broadway and J - south of Lee Optical Broadway and K - south of Pioneer Hotel Broadway and L - south of Metro Center Broadway and M - northeast corner area Broadway and Q - south of Clark's Drug 13th and M - north of bus station 13th and L - north of Baker Company 13th and K - north of Texas Commerce Building 13th and K - south of Continental Air Lines 13th and J - south of Hemphill's 13th and J - north of Anderson's 13th and Texas - north of E. F. Hutton's 14th and K - south of First Federal 14th and L - south of Ed. Service Center 76-35-2-10 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, (15) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 98-4-15 to W. Eugene Smith for a consideration of $3,401 to be redeveloped as a single-family residence. 76-35-2-11 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, (16) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolu- tion be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 196 thru 230, Oak Park Addition. WHEREAS, the developer of Lots 196 thru 230, Oak Park Addition have 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 $17,840.90 with the improvements con- structed by Holloway Contracting Company having a value of $12,556.76 as determined by the unit prices established by said Chapter 34, and $5,529.13 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with West Central Investment Corporation the developer, to receive no refund in accordance with Chapter 34 of the Code of the City of Lubbock and a refund of deposit in the amount of $244.99 and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That a refund of deposit be made in the amount of $244.99. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8th DAY OF JANUARY, 1976. /s/ Roy Bass ROY BASS, MAYOR ATTESTED: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: JAN 8 1976 r I F r APPROVED: /s/ Fred 0. Senter Fred 0. Senter, City Attorney 76-35-3-12 The City Council considered proposals to conduct a feasibility study of energy recovery from (19) solid waste. After consideration of all proposals submitted, 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 employ the firm of Henningson, Durham and Richardson, of Dallas, to conduct this study. 76-35-3-13 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (20) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize the City Manager to submit a grant application in the amount of $28,700 to the Criminal Justice Council for funding for the Rape Crisis Center for second year beginning March 1, 1976. 76-34-3-14 The City Council considered renewal of Emergency Ambulance Permits. After consideration of all (21) information presented, 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 table this item to allow time for the Lubbock County Hospital District to submit its quarterly report to the City of Lubbock. 76-35-3-15 (23 ) 76-35-3-16 (24) 76-35-3-17 (25) 76-35-3-18 (2b ) 76-35-3-19 (27) The following bids were received for the purchase of miscellaneous cast iron fittings for ware- house stock, being Bid No. 3669. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Bowles & Eden Corp., El Paso, for the purchase of Item 1; accept the bid of Western Industrial Supply Co., Amarillo, for the purchase of Items 2, 3, 4, 8, 9, 10, 11, 12 and 13; accept the bid of M. B. McKee Co. for the purchase of Items 5, 6 and 7. The following bids were received for the purchase of miscellaneous electric items for warehouse stock, being Bid No. 3672. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Nelson Electric Co. for the purchase of Item 1; accept the bid of General Electric Supply Co. for the purchase of Items 2, 3, 4, and 5. The following bids were received for the purchase of fertilizer for various departments, being Bid No. 3674. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Williamson Seed Company for the purchase of fertilizer for various departments. The following bids were received for the purchase of gutter broom steel and filament for the Street Department, being Bid No. 3666. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Don A. Wren & Co., Pasadena, Cal., for the purchase of gutter broom steel and filament for the Street Department. The following bids were received for the purchase of 39 automobiles and 4 station wagons for the Police Department, being Bid No. 3678. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of University Dodge, Inc., for the purchase of 39 automo- biles and 4 station wagons for the Police Department. 76-35-3-20 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (27a) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reconsider Bid No. 3678 for the purchase of 39 automobiles and 4 station wagons for the Police Department. J. T. Alley, Chief of Police, appeared before the City Council in regard to this bid. Steve Young, of University Dodge also appeared. After again considering this bid, motion was made by Council- woman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to hold this bid until the January 22 meeting so that further information may be presented. 76-35-3-21 The following bids were received for the purchase of two lawn mowers for the Cemetery, being (28) Bid No. 3675. JA. i After consideration of all bids received, 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 accept the bid of Goldthwaites of Texas, Ft. Worth, for the purchase of 2 lawn mowers for the Cemetery, with one being paid for out of Revenue Sharing Funds. 76-35-4-22 The following bids were received for the sale of an irrigation system located in Bailey County, (29) being Bid No. 3685. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of State Line Irrigation, Littlefield, for the sale of Item 1; accept the bid of Jack Nix for the sale of Item 2; accept the bid of R. G. Jones for the sale of Item 3. 76-35-4-23 The following bids were received for the purchase of gasoline and diesel pumps and tanks for the (30) Fire Department, being Bid No. 3648. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of White's Pump Service for the purchase of gasoline and diesel pumps and tanks for the Fire Department. 76-35-4-24 The City Council discussed nominees for BCD directors. Motion was made by Councilman West, (31) seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that this item be discussed at the January 21 Work Session and tha the City Council meet with the Chamber of Commerce Committee on January 22. 76-35-4-25 The City Council considered the appointment of members to the Tax Board of Equalization. Motion (32) 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 hold this item until the Liason Committee meets and discusses these appointments. 76-35-4-26 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (33) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint Jorge Moreno to the Civil Service Commission. This term is for three years and will expire January 29, 1979. 76-35-4-27 Joe Smith, of First Southwest Company, Financial Advisor to the City, appeared and discussed (22) proposed sale of bonds. He made comments regarding Lubbock Power and Light's credit standing in the bond market, and its ability to continue with Double A ratings, and stated that projections of FY 1975-76 income and expense are still solid and viable. He reminded the Council that if the City sells the $4,400,000 Electric Revenue bonds to complete projects underway, there will not be funds available to provide an interconnect. Bonds originally voted for an interconnect have been absorbed by contract overruns. Mayor Bass stated that it has been and still is the intent of the City Council to work toward installing an interconnection. At this point, li:45 A.M., Mayor Bass announced that the executive session previously announced for this time would be postponed until 1:30 P.M. due to the fact that the agenda item being discussed had not been completed. The Order of the Railroad Commission, dated December 17, 1975, regarding boiler fuel for power plants was discussed at length. Fred 0. Senter, Jr., City Attorney, stated the existing sale of gas agreement between Pioneer Natural Gas Company and the City of Lubbock would have to be modified and renegotiated, which would now be a violation of the Railroad Commission Order, Docket No. 600, without a special exception to the Order being granted as provided in Paragraph Number 4 of the Order dated December 17, 1975. He stated that the City, joining with Pioneer Natural Gas Company, will have to make a request for hearing on this exception. This led to a discussion of the feasibility of converting Holly Avenue plant to permanent full time use of fuel oil to fire boilers. Mr. Bill Wood, Director of Utilities, responded that such a conversion would probably require extensive modification. Sterling Miller, Director of Finance, and Ervin Looney, Internal Auditor, also appeared in this regard. 0 Larry R. Shortes, Vice President, Pioneer Natural Gas Company, appeared and stated it was the intention of his company to do anything they could to help the City in this matter, and to do everything possible to increase gas reserves. He also stated that it was the intention of Pioneer Natural Gas Company that the present contract with the City of Lubbock would run indefinitely with annual renegotiations. Joe Price, District Manager, Pioneer Natural Gas Company, also stated they would do everything they can to help. 0 After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize issuance of $4,400,000 Electric Revenue bonds, and $1,580,000 General Obligation bonds, and that the calendar be adopted as presented, and to estab- lish Monday, March 22, 1976, as the date for meeting with the bond rating agencies in New York City. 5. JAN 8 1976 76-35-5-28 PROPOSED ADDITIONS TO 1975 PAVING PROGRAM (10) UNIT NO. FILE NO. STREETS (10' WIDE) FROM TO A-460-12 A-30.158 E-W Alley betty. 14th s 15th Raleigh Ave. Quaker Ave. A-460-14 A-30.157 E-W Alley betty. 66th & 67th Memphis Ave. 64th Drive A-460-15 A-30.60 E-W Alley betty. l9th & 20th Hartford Ave. Gary Ave. A-460-16 A-460-18 A-30.157 A-30.157 E-W E-W Alley betw. Alley betty. 56th 46th s S 57th 47th Memphis Ave. Hartford Ave. Kenosha Ave. Gary Ave. A-46o-1g A-30.158 E-W Alley betw. 45th s 46th Indiana Ave. Hartford Ave. A-460-20 A-30.158 E-W Alley betw. 21st & 22nd Elgin Ave. Canton Ave. A-460-21 A-30.156 E-W Alley betw. 53rd & 54th Memphis Ave. Louisville Ave. STREETS (42' WIDE) 2230-12 30.18i1 N/2 67th Street Toledo Ave. Salem Ave. F r r I STREETS (52' WIDE) 2232-5 30.1655 Harvard Street Avenue U Avenue T CONCRETE RAILROAD CROSSING 2236-1 30.121 Texas Avenue at 27th Street 2236-2 30.99 15th Street Avenue H Avenue G 2236-3 30.157 16th Street Avenue H Avenue G 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 accept Units A-460-14, A-460-15, A-460-16, A-460-18, A-460-19, A-460-20 and delete Units A-460-12 and A-460-21. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan and Henry voting Yea, Councilman Campbell voting Nay to accept Unit 2230-12. Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept Unit 2232-5. In regard to Unit Numbers 2236-1, 2236-2 and 2236-3, Railroad crossings at Texas Avenue and 27th Street, 15th Street and Avenue H and 16th Street and Avenue H, C. R. Vining, Chief Engineer, Ft. Worth and Denver Railroad Company, appeared requesting action be deferred on the additions to the 1975 paving program. Maintenance of railroad crossings was discussed by the Council, and in answer to questions from the Council, Sam Wahl, Director of Public Works, discussed materials and costs of maintenance. After considerable discussion, 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 railroad crossing at Texas Avenue and 27th Street be done satisfactory to the Staff, with permanent rubber type crossings; that the i5th and 16th Street crossings (Avenue H) be done satisfactory to the Staff with something like full depth timber; this to be accomplished within 4 months; in the event this time is too short, to grant an extension of 2 months, if it is seen at the end of that period that additional time is needed, to come back to the City Council to request extension of time. 76-35-5-29 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, I {1i) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7191 on first reading. ORDINANCE NO. 7191 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING EAST -WEST ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 12, BLOCK 14, WESTGATE DRIVE ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 470 THRU 481, MELONIE PARK ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 9, BLOCK 1, SUNSET PLACE ADDITION AND LOTS 1 THRU 10, LOMA LINDA PLACE ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 7, WHITE OAKS ADDITION AND LOTS 136 THRU 141, SOUTHGATE ADDITION AND LOT 1, PIONEER PARK CHURCH OF CHRIST AND LOTS 8 THRU 13, WHITE OAKS ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 144 THRU 161, BLOCK 28, MYRTLE SLATON ADDITION NUMBER FOUR; THE EAST -WEST ALLEY ABUTTING LOTS 80 THRU 94, BLOCK 26, MYRTLE SLATON ADDITION NUMBER FOUR; THE EAST -WEST ALLEY AUBTTINGLOTS 1 THRU 6, BLOCK 168, ELLWOOD PLACE ADDITION AND LOTS 1 THRU 4A, BLOCK 5, WEBB ADDITION AND LOTS lA THRU 8, BLOCK 6, WEBB ADDITION AND LOTS 1 THRU 10, BLOCK 1, MAXEY PLACE ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 10, ROTHWEBB ADDITION AND LOT 1, TELEPHONE ADDITION AND INCLUDING A PORTION OF THE FOLLOWING STREETS; 67TH STREET, HARVARD STREET AND INCLUDING CONCRETE RAILROAD CROSSINGS ON THE FOLLOWING STREETS: TEXAS AVENUE AT 27TH STREET, 15TH STREET BETWEEN AVENUE H AND AVENUE G, 16TH STREET BETWEEN AVENUE H AND AVENUE G, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY THE CITY COUNCIL.) WHEREAS, the City Engineer prepared rolls or statements for the improvements in each unit, 11 showing the amount to be assessed against the various parcels of abutting property, and the owners thereof, and showing other matters and things; and the same were examined by the City Council and approved, and a time and place was fixed for hearing to the owners of such abutting property and to all others in anywise interested, and due to each known property owner to be assessed addressed to his last known address as shown on the current City of Lubbock tax rolls, and such all desiring to be heard were fully and fairly heard, and evidence was received and considered and all respects held in the manner provided and required by the Charter and law in force in this City and by the proceedings of the City with reference to such matters, and the following protests were made concerning the improvements in the units indicated namely: Sub -Unit 12 of Unit A-460 Mrs. Charles E. Christmann appeared opposing the proposed paving J. N. Kirkpatrick opposed the proposed paving by letter. r Sub -Unit 15 of Unit A-460 H. C. Ragland appeared opposing the proposed paving. Sub -Unit 18 of Unit A-460 E. C. Blackwell phoned opposing the proposed paving. C. Keith Tye appeared opposing the proposed paving. Sub -Unit 19 of Unit A-460 Alvin Sneed phoned opposing the proposed paving. Sub -Unit 20 of Unit A-460 Jimmy Powe appeared opposing the proposed paving. Sub -Unit 21 of Unit A-460 Bryan Burkenfeld appeared opposing the proposed paving. Mae H. Young appeared opposing the proposed paving. James Bennett appeared opposing the proposed paving. Sub -Unit 1, 2 and 3 of Unit 2236 C. R. Vining appeared for the Fort Worth and Denver Railroad opposing the concrete railroad crossing. Proposed to install full depth board crossing on 15th Street and 16th Street. The City Council asked for rubber crossing on Texas Avenue. And all objections and protests made were fully considered and the City Council having fully and fairly heard all parties making any protest and all parties desiring to be heard, and having fully considered all matters presented for consideration, and having fully considered all of the evidence, and all pertinent and proper matters is of the opinion that the following disposition should be made of such protests and objections, and that assessments should be made as herein ordained, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. THAT all protests and objections, whether herein specifically mentioned or not, shall be and the same are hereby overruled and the said hearing, with respect to each and all sub -units and units, is hereby closed, except that it was found that alley paving Sub -Unit 12 and Sub -Unit 21 of Unit A-460 and Sub -Unit 1, 2 and 3 of Unit 2236 was erroneously included in the public notice and in the contemplated ordinance and in other proceedings; therefore NO ASSESSMENT shall be made against the property included in said Sub -Units and the City Engineer is hereby directed to delete and/or omit the Engineers assessment roll for said Sub -Units consistent with this finding. 76-35-6-30 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (12) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RFIM 11TInN 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 PAVING RELEASE 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 8th day of January, 1976. /s/ Roy Bass ROY BASS, MAYOR ATTEST: 0 i TREVA PHILLIPS, CITY SECRETARY -TREASURER APPROVED AS TO FORM: /s/ Fred 0. Sen to r, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS PAVING RELEASE COUNTY OF LUBBOCK WHEREAS, heretofore, on November 20, 1975, the City of Lubbock passed a Resolution being recorded in Volume 613, Page 739-740 inclusive, of the Deed of Trust Records of Lubbock County, Texas, such Resolution containing a Declaration by the City Council for the necessity of street improvements, alley improvements, and railway crossings and apportionment of costs for such I improvements, and in such Resolution there were included paving improvements for certain herein I after described Paving Units; and, WHEREAS, under such Paving Units, such improvements have created no liens or liens against the property assessed pursuant to said Paving units, by reason of the fact that such paving improvements have been deleted from the stated paving program, and there is no immediate plan of making the street improvements or alley improvements upon the streets and alleys under said Paving Units, and it is expedient to the streets and alleys as aforementioned; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock acting by and through its duly authorized Mayor in consideration of the premises, does hereby and by the presents, RELEASE, RELINQUISH AND FOREVER QUIT CLAIM to the owner or owners, their heirs, administrators, executors and assigns, all right, title and interest the City of Lubbock may have in and to all these lots, tracts or parcels of land being situated in the City of Lubbock, Lubbock County, Texas and being further described as follows: to -wit: UNIT AND SUB -UNIT NO. ALLEY A-460-12 A-460-21 E-W Alley betty 14th & 15th E-W Alley betty 53rd & 54th RAILROAD CROSSINGS 2236-1 Texas Avenue 2236-2 15th Street 2236-3 16th Street FROM Raleigh Avenue Memphis Avenue TO Quaker Avenue Louisville Avenue at 27th Street Avenue H Avenue G Avenue H Avenue G This release affects only the property hereinabove described and in no way affects any property or liens not specifically described herein, and all liens and apparent liens against owners not otherwise released are hereby expressly retained. EXECUTED this 8th day of January, 1976. CITY OF LUBBOCK /s/ Roy Bass ROY BASS, MAYOR ATTEST: 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 Y COUNCIL ADJOURNED FROM REGULAR MEETING, JANUARY 8, 1976. ROY BAS , ATTEST: TREVA PHILLIPS, CITY A ECRETARY-TREASURER READ AND APPROVED THIS THE 22ND DAY OF JANUARY, 1976. ROY BASS, MAYOR ATTEST: n&' f TREVA PHILLI , CITY ECRETARY-TREASURER