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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/26/1976REGULAR CITY COUNCIL MEETING FEBRUARY 26, 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, Councilmen Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Council- man Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 76-35-66-170 The invocation was given by Al Couch, Director of Public Services. (1) 76-35-66-171 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 76-35-66-172 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (3) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held February 12, 1976. 76-35-66-173 Mrs. Betty Wheeler, Chairman of the Rape Crisis Center Advisory Board, appeared before the City (9) Council requesting that a resolution be passed regarding a grant application for funds for the Rape Crisis Center. Mrs. Wheeler stated that passage of this Resolution would not bind City Council to funding for the 3rd year. 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 that the following resolution be passed. RESOLUTION '.76-35-66-174 (10) 76-35-66-175 (11) WHEREAS, the City Council has heretofore established the Rape Crisis Center to offer assis- tance to the citizens of Lubbock; and WHEREAS, grant assistance is available in the form of federal funds administered through the Criminal Justice Division of the Office of the Governor of the State of Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City is hereby authorized to execute for and on behalf of the City of Lubbock a grant application for funds for the Rape Crisis Center which are administered by the Criminal Justice Division of the Office of the Governor of the State of Texas; THAT at the end of federal funding, the City Council will evaluate the performance of the Lubbock Rape Crisis Center and if the project is deemed successful by the City Council, the Council will consider the continuation of the project at its present level. Passed by the City Council this 26th day of February, 1976. 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 F. A. Underwood appeared before the City Council, representing a group of 70th Street property owners, requesting a cul-de-sac at the west end of 70th Street at Albany Avenue. Fire Chief Tom Foster appeared expressing concern that access would be hindered and response time to fire calls would be increased if the cul-de-sac is constructed. Jim Bertram, Director of Planning, voiced similar concern regardi access a glso st to } Is progos d cyl-de-sac o 1,200 feet dee y on prongyf�r0 ofeet,Wehs toa inay poYateCasunotebeen tile�abe RM"that p, where the are norma lYY o there might be some options. Bill McDaniel, Director oMp6FiilAftemA ointing out on a map the possibility of off -setting part of 70th Street/as an alternative so ution. After con- sideration of all information presented, it was the consensus of the City Council to hold this item and instruct the Planning Department to work with the adjacent property owners with the idea of rerouting 70th Street. Henry Huneke, Chairman of the Park and Recreation Board, appeared before the City Council and presented recommendations of the following items: a. Consider location of a community center for west Lubbock. b. Consider a resolution authorizing the Mayor to execute a renewal of the lease agreement for the amusement park area in Mackenzie State Park. C. Consider the request of the South Plains Council of Boy Scouts to hold a camporee on Maxey Park. d. Consider removal of several structures in the Canyon Lakes Project. e. Consider an appropriation ordinance in the amount of $40,000 from Park Bond Funds for an irrigation system on the unimproved areas of Leftwich Park. f. Consider an appropriation ordinance in the amount of $10,000 from Park Bond Funds for botanical supplies for Leftwich Park. 76-35-66-176 " 11 l al Henry Huneke, Chairman of the Park and Recreation Board, made the Board's recommendation of the C FES 2 g 191 F F r �1 City Council that a community center for west Lubbock be located in Higinbotham Park at 19th Street and Vicksburg Avenue because of its better access and central location in the area to be served. Mr. Huneke stated that if the project is approved, it will cost approximately $30,000 a year to operate. After consideration of all information presented, motion was made by Council- woman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the recommendations of the Park and Recreation Board and authorize the Board to proceed with construction of a community center in §iEiasgt�ge Park with t com .letion da a expe t.ed after the b i in of the 1976-77 budget year. Board to ta� wit► the residents a 3acent to Higin dt9iam Park to get their comments regarding a center at t is park. 76-35-67-177 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (llb) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following re- solution 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 a RENEWAL OF LEASE AGREEMENT for the MACKENZIE PARK PLAYGROUNDS between the CITY OF LUBBOCK and JAMES E. DEAN, 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 26th day of February, 1976. 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 I COUNTY OF LUBBOCK I /s/ Roy Bass ROY BASS, MAYOR RENEWAL OF LEASE AGREEMENT MACKENZIE PARK PLAYGROUNDS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, a Lease Agreement was entered into between the City of Lubbock, Texas, and Sam Caplan, dated May 27, 1954, for the lease of the area in Mackenzie State Park known as Mackenzie Park Playgrounds for a period of fifteen (15) years beginning on January 1, 1956 and terminating December 31, 1971, and such agreement was renewed and extended on April 27, 1967 with the ter- mination date extended to December 31, 1981. WHEREAS, the Assignee of such Lease Agreement, James E. Dean, has requested the renewal and extension of such Lease Agreement for an additional ten (10) year period; NOW THEREFORE: WITNESSETH: The parties to such Lease Agreement do hereby renew and extend such Lease Agreement on the same terms and conditions as stated in the Original Agreement for an additional ten (10) years, with the new and extended termination date to be December 31, 1991, if not sooner terminated as provided in the Original Lease Agreement. Executed this 26th day of February, 1976. CITY OF LUBBOCK ATTEST: /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr. Fred.O. Senter, Jr., City Attorney /s/ Roy Bass _ ROY BASS, MAYOR JAMES E. DEAN 76-35-67-178 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (11c) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the request of the South Plains Council of Boy Scouts to hold a camporee on Maxey Park on April 23-24 of this year. 76-35-67-179 The Park and Recreation Board recommended that the following structures in the Canyon Lakes (11d) Project be demolished: 1. Knights of Columbus Lodge 2. Well house near Knights of Columbus Lodge 3. The "dugout" near KLFB Radio Station 4. Manicipelli storage shed 5. A tin building on the old Kerr Pavers property 6. An old residence at the Price Ranch. DU B 2 6 1976 After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Henry and Campbell voting Yea, Councilwoman Jordan voting Nay to demolish the above structures. 76-35-68-180 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (11e) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7221 on first reading. ORDINANCE NO. 7221 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer- tain 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: Park Bond Funds The sum $40,000.00 For the following purpose: Labor, materials, and equipment necessary to install an irrigation system in Leftwich Park. 76-35-68-181 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (11f) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7222 on first reading. ORDINANCE NO. 7222 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer- tain 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: Park Bond The sum $10,000.00 Funds " For the following purpose: Labor and materials for the installation of botanical supplies on Leftwich Park. 76-35-68-182 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor ('12) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7202 on second and final reading. ORDINANCE NO. 7202 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer- tiain 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 The sum $76,860.00 LIGHT AND POWER SYSTEM REVENUE BOND FUND For the following purpose: To purchase an evaporator as per specification LB-204 6-35-68-183 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7203 on second and final reading. ORDINANCE NO. 7203 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, 0 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 The sum $169,918.00 LIGHT AND POWER SYSTEM REVENUE BOND FUND For the following purpose: To purchase automatic control equipment as per specification LB-135 5-35-68-184 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (14) g FEB, a 6 1971 Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7200 on second and final reading. ORDINANCE NO. 7200 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, BEING THE "PLUMBING CODE", BY AMENDING SECTION 24-40 THEREOF PROVIDING FOR PVC PIPE AND POLYPROPYLENE PIPE; AMENDING SECTION 24-77 PROVIDING FOR AUTOMATIC VENT DEVICES; PROVIDING A SAVINGS CLAUSE AND 76-35-69-185 PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7201 on second and final reading. ORDINANCE NO. 7201 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN THE VICINITY OF 56th STREET AND UTICA AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING: AND PROVIDING FOR PUBLICATION. 76-35-69-186 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (16) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. r. r Ax'Q(IT TTmTAM 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 JOB DEAN FEAGIN and ARNOLD BANKS, a Partnership, 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 26th day of February, 1976. ATTEST: /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 I /s/_Roy Bass ROY BASS, MAYOR^ 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 NO/100 ($1.00) DOLLARS and other good and val- uable consideration to it in hand paid by JOE DEAN FEAGIN and ARNOLD BANKS, a Partnership, here- inafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these pre- sents 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: A 50.00 foot wide drainage easement out of Section 9, Block E-2, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point, said point being 660.00 feet North and 30.00 feet East of the North- east corner of Southwest Quarter of Section 9, Block E-2, Lubbock County, Texas, said point also located by the intersection of the centerline of 56th Street with the East right-of- way line of Utica Avenue. THENCE South, along the East right-of-way line of Utica Avenue, a distance of 25.87 feet to a point; THENCE on a bearing of South 75°06'01" East a distance of 400.41 feet to a point, said point being in the West line of 55th Drive; THENCE on a bearing of North 14°53'59" East, along the West right-of-way line of 55th Drive a distance of 50.00 feet to a point; THENCE on a bearing of North 75°06'01" West a distance of 413.75 feet to a point, said point being in the East right-of-way line of Utica Avenue; THENCE South along the East right-of-way line of Utica Avenue a distance of 25.87 feet to the point 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, 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. 'ro WITNESS MY HAND AT LUBBOCK, TEXAS this 26th day of February, 1976. ATTEST: /s/ Treva Philli s 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 76-35-70-187 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7205 on second and final reading. ORDINANCE NO. 7205 AN ORDINANCE ABANDONING AND CLOSING A UTILITY EASEMENT LOCATED NEAR RANCHLAND TERRACE ADDI- TION 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. 76-35-70-188 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. IF1&& tsiY1iTil-M 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 WELDON L. WINES, 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 26th day of February, 1976. 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 I COUNTY OF LUBBOCK I /s/ Roy Bass _ ROY BASS, MAYOR QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: 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 DOLLARS ($1.00) and other good and valuable consideration to it in hand paid by WELDON L. WINES 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 parcels of land lying and being situated in the County of Lubbock, State of Texas, des- cribed as follows, to -wit: BEGINNING at a point in the Southeast line of Tract C, Ranchland Terrance, an Addition to the City of Lubbock, Lubbock County, Texas, said point being South 53°52'22" West a distance of 75 feet from the most easterly corner of Tract C, Ranchland Terrace; THENCE South 36007'38" East a distance of 176.17 feet; THENCE East a distance of 141.79 feet to a point in the West line of a North -South alley; THENCE South a distance of 10 feet; THENCE West a distance of 146.68 feet; THENCE North 36°07'38" West a distance of 181.25 feet to a point in the Southeast line of Tract C; THENCE North 5305Z'22" East a distance of 10 feet to the PLACE OF BEGINNING. The above described tract contains 0.074 acres, more or less. 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, his heirs and assigns 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 26th day of February, 1976. F r ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ FredO. Senter, Jr. Fred 0. Senter, Jr., City Attorney 76-35-71-189 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7199 on second and final reading. ORDINANCE NO. 7199 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF STREET: A PORTION OF MARSHALL STREET WEST OF NORTH BOSTON AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTI- CULARLY 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. 76-35-71-190 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a UTILITY EASEMENT in favor of the PUBLIC, 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 26th day of February, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr Fred 0. Senter, Jr., City Attorney UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I /s/ Roy_ Bass ROY BASS, MAYOR KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, TEXAS, A Home Rule Municipality located in Lubbock County, Texas, for and in consideration of the benefits accruing and to accrue to the PUBLIC has by these presents GRANTED, BARGAINED, SOLD and CONVEYED and by these presents do GRANT, BARGAIN, SELL and CONVEY unto the PUBLIC for the use of the public as a perpetual and permanent easement, the free and uninterrupted use, liberty of passage in, on along, over, upon, under and across all that property lying and being situated in Lubbock County, Texas, and being more particularly described as follows, to -wit: A Utility Easement from City of Lubbock, for use of all public utilities, out of Section 17, Block A, Lubbock County, Texas, being more particularly described as follows: BEGINNING 2640.00 feet South and 1181.18 feet West of the Northeast corner of Section 17, Block A, said point being in the West right-of-way line of North Boston Avenue; THENCE West, 30.00 feet either side of the half -section line known as Marshall Street, a distance of 1056.55 feet to a point, said point being the West boundary of the Canyon Lakes Project. together with the rights of ingress, egress and regress at any and all times to accomplish the following purpose: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining any and all types of water lines, sewer lines, gas pipe lines, telephones and telegraph lines, electric transmission lines and any other type of public utility, whether named herein or not, which easement includes at all times and seasons the right of ingress, egress, and regress of motor vehicles and personnel engaged either in such construction and repair or the reading of meters. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto the PUBLIC, and any and all public utilities now or hereafter franchised by the CITY OF LUBBOCK to use the city streets and alleys for so long as the public uses the same for the purposes herein granted. This Easement may be cancelled at any time by written instrument executed and filed of record by CITY OF LUBBOCK in the Public Records of Lubbock County, Texas. Passed by the City Council this 26th day of February, 1976. 72 B 2 1976 CITY OF LUBBOCK ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney BY /s/ Roy Bass _ ROY BASS, MAYOR NOTICE OF PUBLIC HEARINGS 76-35-72-191 COMMUNITY DEVELOPMENT (23) PROGRAM On February 25, 1976, at 10: a.m. and on February 26, 1976, at 11:00 a.m. in the Council Chamber of the Municipal Building, the City Council of the City of Lubbock will hold public hearings in regard to a proposed amendment of the Community, Development Program authorized by Title I of the Housing and Community Development Act of 1974. Citizens are invited to attend to express their views concerning the following possible change(s) to the list of projects approved for the City's 1975 Community Development Program: addition of Bicentennial Trail signs deletion of Street Paving and Water Distribution Main for North Indiana Avenue between Grinnell St. and Clovis Highway. In accordance with the above Notice of Public Hearing, hearing was held on a proposed amendment to the Community Development Program concerning the addition of Bicentennial Trail Signs and deletion of street paving and water distribution main for North Indiana Avenue between Grinnell Street and Clovis Highway. Mayor Bass called for all interested persons to appear before the City Council. No one came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that there be no reallocation of Community Development Funds for North Indiana Avenue. (See Items 33 and 34) 76-35-72-192 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed authorizing the expenditure of $3,100 from Community Development Funds for signs designating Bicentennial Trail. R'FgOT.TTT T ON A RESOLUTION AUTHORIZING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Title I of the Housing and Community Development Act of 1974 specifies the conditions under which a recipient of Community Development Block Grant Funds may amend its application for funds; and WHEREAS, the City of Lubbock finds it necessary to amend its application for Block Grant funds in order to undertake a project which was not included in the City's approved Community Development Program application; NOW THEREFORE: 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 to execute for and on behalf of the City of Lubbock an amendment to the Community Development Block Grant Program ap- proved by the Department of Housing and Urban Development (HUD) on May 30, 1975; THAT such amendment shall consist of the addition to the approved Community Development Program of the following project(s): Bicentennial Trail signs That such amendment shall also consist of the deletion from the approved Community Develop- ment Program of the following project(s): (None) THAT in relation to the amendment to the application, the City of Lubbock hereby reaffirms its assurance of compliance with all regulations as contained in the original application for Block Grant funds approved by HUD on May 30, 1975. Passed by the City Council this 26th day of February, 1976. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 6-35-72-193 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor (25) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7223 on first reading. 1i El F r FEB 6 if ORDINANCE NO. 7223 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON PORTIONS OF QUIRT AVENUE AND THE NEW ENTRANCE ROAD TO LUBBOCK MUNICIPAL AIRPORT FACILITY IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREET$ OR HIGHWAY NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. HEREOF, AND A PENALTY CLAUSE 76-35-73-194 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (26) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7224 on first reading. ORDINANCE NO. 7224 AN ORDINANCE ESTABLISHING A ONE-WAY TRAFFIC FLOW ZONE ON THE EAST FRONTAGE ROAD TO THE NEW LUBBOCK MUNICIPAL AIRPORT ENTRANCE ROAD AS MORE PARTICULARLY HEREINAFTER DESCRIBED IN THE BODY HEREOF; PROVIDING FOR SIGNS TO INDICATE SUCH ONE-WAY TRAFFIC FLOW ZONE; REPEALING ANY CONFLICTING ORDINANCES; RESTRICTING THE APPLICATION HEREOF TO THE PUBLIC WAY HEREIN AFFECTED, AND PROVIDING A SAVINGS CLAUSE AND A PENALTY AND PUBLICATION CLAUSE. 76-35-73-195 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (27) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following re- solution 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 the CITY OF LUBBOCK and the STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, 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 26th day of February, 1976. 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 SRS OOOS(49) STATE OF TEXAS Lubbock County COUNTY OF TRAVIS X THIS AGREEMENT, by and between the City of Lubbock, hereinafter called the "City", Party of the First Part, acting by and through its duly authorized officers and the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State", Party of the Second Part, made to become effective when fully executed by both parties: W I T N E S S E T H WHEREAS, Section 230 of the Federal -Aid Highway Act of 1973 provides for a demonstration program to correct safety hazards on all public roads or segments thereof not on a Federal -aid System; and WHEREAS, the State Highway and Public Transportation Commission recognizes the need for said program and desires to cooperate with the local government and to promote the program inso- far as available State funds will permit and within legal limitations imposed by State Statutes; and WHEREAS, the State Highway and Public Transportation Commission has established Departmental policy for said program and requires that for projects not a part of the State Highway System or the Federal -aid System, funds required to match available Federal aid will usually be provided from sources other than the State and such funds will be in the amount of 10% of the total esti- mated cost of the project including engineering and contingencies and must be placed in escrow prior to commencement of project development; and WHEREAS, the City desires certain work as approved in the Statewide Highway Safety Improvemei Program (Federal -Section 230) located at the Intersection of Broadway and Quirt Avenue in the City of Lubbock. A G R E E M E N T NOW THEREFORE, it is agreed that the State will provide for said work and the City will trap: mit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of One Thousand Five Hundred and No/100 Dollars ($1,500.00), which is 10% of the total estimated cost of the project including preliminary engineering, construction, construction engineering and contingencies. If, during project development or construction or upon completion of the project, it is determinec that this amount is not sufficient to fulfull the City's responsibility, the City will, upon re- I G 1976 quest of the State, supplement this amount by an amount equal to the City's full estimated cost less the amount previously paid. In the event the amount paid by the City is more than the City's responsibility, the excess amount will be returned to the City. In the event the City desires to abandon the project prior to letting a contract for construction, the City's responsibility for charges incurred for preliminary engineering will be deducted from the amount held in escrow and the remainder will be returned to the City. IT IS FURTHER agreed that the City will operate and maintain all of the work constructed as part of the project in a manner suitable to the State. IN TESTIMONY WHEREOF, the parties hereto have caused those presents to be executed in dupli- cate on the dates shown hereinbelow. Executed on behalf of the City of Lubbock, this 26th day of February, 1976. CITY OF LUBBOCK Party of the First Part By: /s/ Roy Bass, Mayor By: Member of City Council By: Member of City Council By: Member of City Council By: Member of City Council By: STATE OF TEXAS STATE OF HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transporta- tion Commission: Executed on behalf of the State this 26th day of February, 1976. By: Asst. Engineer -Director under authority of Commission Minute Order 70104 Recommended for execution: (State) Director, Finance -35-74-196 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (27a) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7225 as an emergency measure. ORDINANCE NO. 7225 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, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; 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: TRAFFIC SIGNAL BOND FUND The sum $1,500.00 For the following purpose: Signal modifications at East Broadway and Quirt Avenue. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. -35-74-197 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, (28) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 9D-11--10 in the Arnett Benson Area to Jack Kastman (trustee) for a consideration of $1,075 to be redeveloped as a single-family residence. -35-74-198 The City Council considered the request of Henry Huneke, developer of University Pines Addition, (29) and J.D. Badley, developer of the Bicentennial Subdivision, that University Avenue be paved to major thoroughfare standards from 82nd Street to 98th Street. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, and Henry and Campbell voting Yea, none voting Nay approve this request for paving and that it be included in the next assessment paving hearing. -35-74-199 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (30) 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 ALLEY USE LICENSE in favor of E. A. BLAIR, 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 26th day of February, 1976. rEG u r r r F ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney ALLEY USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I /s/ Roy Bass ROY BASS, MAYOR -� THIS indeture made this 26th day of February, 1976, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and E. A. Blair of Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: 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 GRANTEES herein and subject to the terms, condi- tions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated alley to maintain: A wood - rail fence and garage to remain as they presently exist and are located at time of execution of this License within the West 10.00 feet the North - South alley adjacent to Lot 12, Block 20, Crestlawn Subdivision to the City of Lubbock, Lubbock County, Texas. 1. The terms of this grant shall be from year to year not to execeed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, address ed to LICENSEE at Lubbock, Texas, 79408. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the fence and garage that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condi- tion at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, but no fee is charged for the use of said alley. 3. In the event the CITY OF LUBBOCK determines that the existence of such uses interfere with or cause the re-routing or re-alighment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchis- ed utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such re -locating or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted then and in that event said LICENSEE, his heirs and assign: will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsover kind of nature which may grow out of or be related to the making of this license or the maintenance and use of the fence and garage permitted herein. 6. LICENSEE agrees at any time required to by the City Manager of the CITY OF LUBBOCK TO furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the heirs, legal representatives, assigns and the duly authorized agents of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph 4. 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights or possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way he is permitted to use here by and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. CITY OF LUBBOCK BY: Roy Bass ROY BASS, MAYOR M 6 1976 APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer AGREED TO AND ACCEPTED this 26th day of February, 1976. E. A. BLAIR, LICENSEE 35-76-200 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (31) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. WHEREAS, the CITY OF LUBBOCK has determined that the public needs, necessity, safety and welfare demand that its public street, to -wit: Avenue H, be further expanded, extended, and im- proved in order to provide a better public road for its inhabitants, which is a public purpose and a lawful municipal purpose, including the CITY OF LUBBOCK acquiring lands needed for such public purpose; and WHEREAS, the CITY COUNCIL of the CITY OF LUBBOCK hereby determines that it would be and will be to the best public interest and for public and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, exa.s, be acquired for municipal purposes and public use and purposes as set forth in the preamble hereof, to -wit: The East 52.25 feet of Lots 4,5, 6 and 7, Block 7, Liff Sanders Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said land, including DEWEY ERVIN, be offered through the Right -of -Way Department of the CITY OF LUBBOCK the amount of THIRTEEN THOUSAND FIVE HUNDRED SIXTY-NINE AND NO/100 DOLLARS ($13,569.00), which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the CITY OF LUBBOCK, and unless accepted, the CITY ATTORNEY is hereby authorized and instructed to institute Condemnation Proceedings to acquire fee simple title to said real estate as hereinabove described for the purposes aforesaid. Passed by the City Council this 26th day of February, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR Isl Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney -35-76-201 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (32) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7226 on first reading. ORDINANCE NO. 7226 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; 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 10873 The sum $2,000.00 For the following purpose: Acquisition of Right -of -Way to widen Avenue H. SUPPLEMENT to Appropriation Ordinance No. 6909 of June 13, 1974 in total amount of $12,681.50, for acquisition of the East 52.25 feet of Lots 4, 5, 6 & 7, Block 7, Liff Sanders Addition to City of Lubbock, Lubbock County, Texas. Above amount needed as follows: Increase in value of land ----------------------- $1,347.00 Updated appraisal-------------------------------- 325.00 Increase in title policy------------------------ 5.00 Review appraisal-------------------------------- 323.00 Total $2,000.00 77 FEB 2 6 197t F r F 76-35-77-201a (33 s 34) The City Council considered resolutions making formal offer to owners for a 3.51 acre tract and .24 acre tract for widening North Indiana Avenue, said tracts having been previously dedicated to the City for this purpose. The Staff has been advised by HUD that if a qualified appraiser can establish that the construction of paving on Indiana increases the fair market value of the right-of-way acquired in a partial taking, then the City would not have to pay compensation to the landowners. The original appraiser, after updating his appraisal to determine the value adde by the Indiana paving, has stated that the value added is considerably greater than the acquisiti cost. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that no formal offer be made to the owners of these properti 76-35-77-202 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (35) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to authorize the City Secretary to publish notices in the newspaper March 7, 14, 21, 28 and April 4, 1976, of sale of $4,400,000 Electric Revenue Bonds and $1,580,000 General Obligation Bonds. 76-35-77-203 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (36) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following re- solution be passed. 11,&rMTisibbiTi"i 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, CHANGE ORDER #3 to the AGREEMENT between the CITY OF LUBBOCK and KERR CONSTRUCTION COMPANY at LUBBOCK REGIONAL AIR TERMINAL, covering extension of time for completion of terminal parking and roadway construction, 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 detail. Passed by the City Council this 26th day of February, 1976. /s/ Treva Phillips Treva Phillips, City Secretary APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney TO: KERR CONSTRUCTION COMPANY P.O. Box 888 Lubbock, Texas 79408 /s/ RoyBass ROY BASS, MAYOR CHANGE ORDER NO. 3 Terminal Parking and Roadway Construction Lubbock Regional Airport Lubbock, Texas ADAP Project No. 8-48-0138-02 Contract No. 2 General description of work included in contract: The construction of approximately 42,000 square yards of flexible pavement on entrance and service roads to the terminal building, constru tion of approximately 35,000 square yards of flexible pavement in the terminal parking area, construction of approximately 6,200 square yards of flexible pavement in the auto -rental storage areas, construction of approximately 15,000 linear feet of curb and gutter on the service roads, construction of approximately 3,400 linear feet of curb and gutter in the parking area, construc- tion of two attendant's buildings in the parking area, construction of area lighting on the ser- vice roads and in the parking area, installation of parking control equipment, construction of drainage structures, construction of concrete slabs, removal of existing pavement, painting of roads and parking areas, and other related items of work. Original amount of contract --------------------$ 992,464.85 Change Order No. 1------------------------ Deduct[ 320.001 Change Order No. 2--------------------------- Add 97,679.10 Change Order NO. 3------------------------- None -0- Adjusted Contract Price ------------------ $1,089,823.95 Adjustment in Construction Time: Original Date of Completion --------------September 15, 1975 Change Order No. 1------------------------ None -0- Days Change Order No. 2------------------------ Add 49 Days Change Order No. 3------------------------ Add 105 Days Adjusted Date of Completion --------------- February 16, 1976 WHEREAS, during the construction time provided by the contract, the weather was unseasonal in that more rain occurred that was normal resulting in the loss of working time due to the rain and wet, unworkable conditions at the job site; AND WHEREAS, during the construction time provided by the contract, other contractors were performing work for the Owner at the job site; the work of those contractors in certain instances conflicted with the work of this project resulting in the loss of working time on this project; AND WHEREAS, during the construction time provided by the contract, a labor strike stopped work by union craftsmen resulting in the loss of working time on this project; AND WHEREAS, during the construction of this project, delays were encountered in the deliver of luminaires required for the erection of outside lighting on the project resulting in the loss of working time; 6 1976 AND WHEREAS, near completion of the project additional work was added to the project re- quiring additional time for delivery and installation of these added items of work: THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and Contractor agree that the time allowed for completion of the project shall be extended 105 days from November 3, 1975, to February 16, 1976, and further agree that there shall not be an adjust- ment to the contract price for the extension of time. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 26th day of February, 1976. ------------------------------------------------------ _--------------------------------- RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By: /s/ B. E. Waver, Proj. Eug., 2/17, 1976 APPROVED: KERR CONSTRUCTION COMPANY, Contractor By: /s/ Ken Hancock, Pres, 2/17, 1976 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By: /s/ ROY BASS, MAYOR, February 26, 1976 ATTEST: /s/ Treva Phillips, City Secretary -35-78-204 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (37) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept construction of the north perimeter road at the Lubbock Regional Airport and authorize final payment to Kerr Construction Co. in the amount of $14,679.51. CONTRACTOR'S AFFIDAVIT OF BILLS PAID STATE OF TEXAS COUNTY OF LUBBOCK Personally, before me the undersigned authority, appeared Ken Hancock, who, being duly sworn, on oath, says that he is President of Kerr Construction Co.; that the contract for the construction of the project, designated as Terminal Parking and Roadway Construction, Lubbock Regional Airport, ADAP Project No. 8-48-0138-07, Contract No. 2, has been satisfacnrily completed, and that all bills for labor, materials and incidentals incurred in the constuction of these improvements, have been paid in full, including any retainage, and that there are no claims pending, of which he has been notified. /s/ Ken Hancock Sworn to and subscribed before me this 18th day of February, 1976. /s/ John J. Cumbie Notary Public in and for Lubbock County, Texas -35-78-205 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (38) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept construction of terminal parking and roadway construction at Lubbock Regional Airport and authorize final payment to Kerr Construction Company in the amount of $121,019.63. CONTRACTOR'S AFFIDAVIT OF BILLS PAID STATE OF TEXAS COUNTY OF LUBBOCK Personally, before me the undersigned authority, appeared Ken Hancock, who, being duly sworn, on oath, says that he is President of Kerr Construction Co.; that the contract for the construction of the project, designated as CHANGE ORDER NO. 2, Terminal Parking and Roadway Construction, Lubbock Regional Airport, ADAP Project No. 8-48-0138-02; Contract No. 2, has been satisfactorily completed; and that all bills for labor, materials and incidentals incurred in the construction of these improvements, have been paid in full, including any retainage, and that there are no claims pending, of which he has been notified. /s/ Ken Hancock Sworn to and subscribed before me this 18th day of February, 1976 /s/ John J. Cumbie Notary Public in and for Lubbock County, Texas •35-78-206 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed authorizing Change Order No. 4 to the agreement between the City and Kerr Construction Co. at Lubbock Regional Airport covering modification of parking lot with the change order not to exceed $13,000. 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, CHANGE ORDER #4 to the AGREEMENT between the CITY OF LUBBOCK and KERR CONSTRUCTION COMPANY at LUBBOCK REGIONAL AIR TERMINAL covering modification of parking lot, 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 26th day of February, 1976. /: FF B . 2 6 19, i oft 6" :76-35-79-207 (40) 76-35-79-208 II (41) 76-35-79-209 (42) ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phhillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Change Order set in on opposite page 79a. 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 approve the Substantial Completion Certificate to Page & Wirtz for new Airport Terminal Construction. 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 authorizing the Mayor to execute Change Order No. 9 to the Agreement between the City and Page & Wirtz Construction Co. to permit installation of floor and utilities in the restaurant facilities at the Lubbock Regional Airport. k!l1&ral ■ E4 hk faldi 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, CHANGE ORDER #9 TO THE AGREEMENT between the CITY OF LUBBOCK and PAGE & WIRTZ CONSTRUCTION COMPANY at LUBBOCK REGIONAL AIR TERMINAL for construction in finishing out the restaurant facilities, 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 26th day of February, 1976. ATTEST: /s/ ROY BASS ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/Fred O.Senter, Jr. Fred 0. Senter, Jr., City Attorney Change Order set in on opposite page 79a. The City Council considered allowing two additional rent -a -car operators at the Lubbock Regional Airport. Marvin Coffee, Director of Aviation, appeared before the City Council with the follow- ing list of conditions to be met: 1. Any and all new operators be permitted to enter the Airport as long as there is space to permit their operation. 2. All operators enter into 5-year contracts. 3. All operators must have all current model cars in their fleet. 4. Must have attendants of their own during all airline operations. 5. Rent -a -car operators must build own ticket counters. 6. They must build their own service facilities similar to and equal to existing facilities and to comply with the same specifications and construction must be complete within 6 mon after the start of the contract. 7. The investment in the counter and service facilities must be a minimum of approximately $50,000. 8. Construction bond must be provided to guarantee construction and that at the default or termination of the contract during any point in the five year lease, the improvements become the property of the City of Lubbock. 9. Must guarantee by performance bond or other acceptable means, minimum guarantee of $15,000 per year for the five years or the remaining portion of the contract. 10. Minimum guarantee be increased from the current $15,000 per year by increments of $1,000 per year until it reaches $20,000 at the end of the five year period. (This does not apply to the performance bond as listed in (9) above.) 11. All other standard terms of a contract must be acceptable. Gary Paxton, President of Dollar Rent -a -car, appeared requesting that his company be allowed to operate on the Airport. Lloyd Lanotte, representing Hertz Rent -a -car, appeared and expressed the opinion that at the present there is no need for additional service. Mr. Rousseau of Avis Rental, also appeared expressing opposition. Robert Hill of National Car Rentals, appeared in opposition. B ..2 6 1976 L. V. Curry of Budget Rent--a-car, appeared in opposition. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the City Council take no action on this item until after a period of a minimum of six months after the new terminal is opened on April 11, 1976. 76-35-80-210 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, (42a) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the Airport Board and Staff be requested to make a positive recommendation as to the number of rental car operators to be allowed on the Airport and that the Board make recommen ato�n,sas to the identity of that number that should be there; such recommendations to be made/ fTe t He April 11, 1976 date of opening of the new terminal. 76-35-80-211 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, (42b) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to request the Airport Board to determine criteria for construction standards and colors for auxiliary buildings on the Airport; when that determination is made, those that are not in compliance are to be required to comply within the next six months; that auxiliary buildings are to match main buildings (tan) in color. 76-35-80-212 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, (43) Councilmen West, Jordan and Campbell voting Yea, none voting Nay to waive interest in the amount of $10.57 on paving on the east 50' of Lot 4, J. A. Hodges Addition. Councilman Henry was absent from the Council Chamber at the time of this motion. 76-35-80-213 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (44) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that based on the response to the Mayor's letters to County Judges in a 15 county area, application be made for the City of Lubbock to be designated Prime Sponsor for Manpower Programs. And to proceed with creating a manpower consortium with other countries. 76-35-80-214 The following bids were received for the purchase of water treatment chemicals for Electric Pro- (45) duction, being Bid No. 3751. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Calgon Corporation, Midland, for the purchase of water treatment chemicals for Electric Projection. 76-35-80-215 The following bids were received for the purchase of pickups and trucks for various departments, (46) being Bid No. 3727. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Ron Sewell Ford for the purchase of Items 1, 2, 3, 6, 7, and 11; accept the bid of University Dodge, Inc., for the purchase of Items 4 and 13; accept the bid of Modern Chevrolet Co. for the purchase of Items 5 and 9; accept the bid of J. D. Huf- stedler for the purchase of Items 8, 10 and 12; accept the bid of Lone Star Ford Truck Sales for the purchase of Item 14. 76-35-80-216 The following bids were received for the purchase of a truckster for Meadowbrook Golf Course, (47) being Bid No. 3762. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of E-Z-Go Company, Arlington, for the purchase of a turf truckster for Meadowbrook Golf Course. 76-35-80-217 The following bids were received for the Street Maintenance Program for Public Works, being Bid (48) No. 3749. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of W.D. Turner Construction Co. for the Street Maintenance Program for Public Works. 76-35-80-218 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (49) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Damon Hill and Jerry Howard as alternates to the Tax Board of Equalization. 76-35-80-219 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (50) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint H. R. Bundock to the Board of Electrical Examiners to replace Leo Padgett who resigned. This term expires January 1, 1979. 76-35-80-220 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (51) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Warlick Carr to the Canadian River Municipal water Authority to replace George W. McCleskey who resigned. This term expires July 31, 1977. 8? FEB 2 6 1976 !76-35-81-221 made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Motion was Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7227 (52) on first reading. ORDINANCE NO. 7227 AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF SUB -COMMITTEE; LUBBOCK BY ADDING THERETO A NEW SECTION 2-65.1 CREATING A CONVENTION PROMOTION SUB -COMMITTEE; ADDING A ADDING A NEW SECTION 2-65.2 PROVIDING FOR POWERS AND DUTIES OF FOR SUCH SUB-COMMITEE; PROVIDING A CLAUSE AND NEW SECTION 2-65.3 PROVIDING FOR FUNDS NEW PROVIDING FOR PUBLICATION. 76-35-81-222 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Yea, voting Nay to accept the (53) Bass, Councilmen West, Jordan, Henry and Campbell voting none following School Board appointees to the Tax Board of Equalization: Weldon Garrett Dan Howard Tom Cantrell I� J. P. Elms Carlos Thornton Ramon Chapa Jack Thompson (alternate) I The School Board will appoint two additional alternates at a later date. 76-35-81-223 The City Council considered travel items for the City Council. After discussion, motion was made Mayor Bass, Councilmen (54) by Councilman Campbell, seconded by Councilman Henry, motion carried, Yea, voting Nay that the Mayor and members West, Jordan, Henry and Campbell voting none to travel at such times as it becomes necessary to the following of the City Council be authorized official meetings: Texas Municipal League, National League of Cities, U. S. Confererence of Congressional and other committees, Mayors, National Municipal League, hearings before Legistlative, other travel by Councilmembers will have to be such as the Railroad Commission,.and, that all approved by the City Councilat a work session. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Nay to adopt a resolu- 176-35-81-224 (55) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting books for the Library, and to issue tion thanking Bill Kingsbury for his efforts in obtaining formal proclamations thanking the two gentlemen who donated the books. RESOLUTION WHEREAS, the City has received gifts of books for the George and Helen Mahon Library; and WHEREAS, these gifts were the result of the efforts of Mr. Bill Kingsbury; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council want to express their gratitude to Bill Kingsbury for his effor donors of thes in securing these gifts of books for the library and express their appreciation to the books. Passed by the City Council this 26th day of February, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips i Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney .76-35-81-225 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (56) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to adopt the resolution passed February 19, 1976 supporting the proposal of Congressman George Mahon for AMTRAK passenger service extending from Georgia to California through Lubbock. RESOLUTION WHEREAS, CONGRESSMAN GEORGE MAHON has proposed that AMTRAK Passenger Service be extended from Georgia through Lubbock, Texas to California and other West Coast states; and WHEREAS, the City Council supports such proposal and desires to convey such support to the officials of AMTRAK; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council of the City of Lubbock do hereby support the proposal of CONGRESSMAN MAHON for AMTRAK Passenger Service extending from Georgia to California through Lubbock, Texas; and THE City Council respectfully urges the officials of AMTRAK to grant such proposal and furnish passenger service to a large area that is now isolated from passenger service. Passed by the City Council this 19gh day of February, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer 82 B 2 6 1976 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 Meeting, February 26, 1976. ATTEST: ROAl A f Treva Phillips, City ecretary-Treasurer READ AND APPROVED THIS THE 11th day of March, ATTEST: ROY BA ', MAYOR Treva Phillips, City cretary-Treasurer El .j