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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/11/1976Qr c MAR 4.1 1976 F 76-35-83-226 (1) 76-35-83-227 (2) :!76-35-83-228 V (3) REGULAR CITY COUNCIL MEETING MARCH 11, 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, Council- man Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None The invocation was given by Sam Wahl, Director of Public Works. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meetings held February 25 and February 26, 1976. 76-35-83-229 M. F. Crass of 5205 70th Street, appeared before the City Council representing home owners on (8) 70th Street west of Slide Road, requesting a cul-de-sac on 70th Street. Jim Bertram, Director of Planning, and Fire Chief Tom Foster also appeared before the City Council discussing traffic in this area and potential problems of access for fire trucks. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman West, motion carried, Councilmen West, Henry and Campbell voting Yea, Mayor Bass and Councilwoman Jordan voting Nay to grant this request for a cul-de-sac to be constructed on the east end of 70th Street at Slide Road, at the expense of the home owners. 76-35-83-230 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7221 on second and final 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. 76-35-83-231 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7222 on second and final 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 Funds The sum $10,000.00 For the following purpose: Labor and materials for the installation of botanical supplies on Leftwich Park. 76-35-83-232 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7226 on second and final reading. ORDINANCE NO. 7226 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; 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 IM- PROVEMENT BOND FUND GWO 10873 84 MAR 11 1976 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 the 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 76-35-84-233 (15) Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7206 on second and final reading. ORDINANCE NO. 7206 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1726-A: CHANGE LOTS 5-10, NANCY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-1" AND "A-2" SPECIFIC USE TO A "C-2A" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-84-234 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (16) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7207 on second and final reading. ORDINANCE NO. 7207 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2024: CHANGE LOT 10, BLOCK 2, EDWARDS ADDI- TION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-2A" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-84-235 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (17) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7208 on second and final reading. ORDINANCE NO. 7208 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1425-B: CHANGE LOT 8, BLOCK 4, CLUTTER FIRST ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A "C-4" TO AN "M-l" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-84-236 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7209 on second and final reading. ORDINANCE NO. 7209 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1187-B: CHANGE THE WEST 151.8 FEET OF THE EAST 280 FEET OF TRACT THREE (3), SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-3" TO A "C -4" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-84-237 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7210 on second and final reading. ORDINANCE NO. 7210 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6802 OF THE CITY OF LUBBOCK BY AMENDING THE SITE PLAN MADE A PART THEREOF; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-84-238 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7211 on second and final reading. ORDINANCE NO. 7211 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 3025: CHANGE LOTS 1 AND 4, HUDMAN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A C-4 TO A M-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-84-239 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (21) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7212 on second and final reading. ORDINANCE NO. 7212 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2026: CHANGE LOTS 126 THRU 137 FROM A R-1 MAR 11 197E F. r r r r TO A R-2 ZONING DISTRICT AND TRACT A FROM A R-1 TO A C-2 ZONING DISTRICT, ALL FROM A PRELIMNARY PLAT OF BICENTENNIAL ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-85-240 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (22) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7213 on second and final reading. ORDINANCE NO. 7213 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2027: CHANGE THE NORTH 62.5 FEET OF THE EAST 170 FEET, BLOCK 19, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A R-2 TO A C-4 ZONING DISTRICT; SUBJECT TO CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-85-241 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (23) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7214 on second and final reading. ORDINANCE NO. 7214 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2028: CHANGE LOTS 2 AND 3 AND SOUTH FIVE FEET OF LOT 1, BLOCK 116, AND LOTS 9 AND 10, BLOCKIL5, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A R-2 TO A A-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-85-242 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7215 on second and final reading. ORDINANCE NO. 7215 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2029: CHANGE LOTS 15, 16, 17, 18, and 19, BLOCK 37, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A R-2 TO AN A-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-85-243 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (25) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7216 on second and final reading. ORDINANCE NO. 7216 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2030: CHANGE LOT 17, BLOCK 21, MODERN MANORS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A R-1 TO A C-2A ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-85-244 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (26) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7217 on second and final reading. ORDINANCE NO. 7217 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2067: CHANGE TRACT A OUT OF A PRELIMINARY PLAT OF SEWELL ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN R-1 TO A C-4 ZONING DIS- TRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-85-245 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 to pass Ordinance No. 7218 on second and final reading. ORDINANCE NO. 7218 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2068: CHANGE A TRACT OF LAND OUT OF SECTION 29, BLOCK AK, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN R-1 TO AN A-2 ZONING DISTRICT, FOR CHURCH AND ACCESSORY USES ONLY: SUBJECT TO CONDITIONS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-85-246 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (28) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7219 on second and final reading. ORDINANCE NO. 7219 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2069: CHANGE LOTS 2A THROUGH 7 AND A TRACT OF LAND EAST OF LOT 2A AND SOUTH OF 36th STREET, BLOCK 1, ROSS PUTTY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 AND R-3 TO C-3 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. mo AAR 1 1 1976 76-35-86-247 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (29) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7220 on second and final reading. ORDINANCE NO. 7220 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY AMENDING SECTION 6.6-3 THEREOF PROVIDING FOR SIDE YARDS IN "R-1" USE DISTRICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-86-248 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7223 on second and final reading. 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 STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. 76-35-86-249 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (31) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7224 on second and final 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 CONFLICT- ING ORDINANCES; RESTRICTING THE APPLICATION HEREOF TO THE PUBLIC WAY HEREIN AFFECTED, AND PROVID- ING A SAVINGS CLAUSE AND A PENALTY AND PUBLICATION CLAUSE. 76-35-86-250 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (33) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6718 on second and final reading. ORDINANCE NO. 6718 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS: A PORTION OF EAST 35TH STREET BETWEEN LOCUST AVENUE AND MAGNOLIA AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION OF STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-86-251 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (34) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RFSOUTTTON 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 LUBBOCK AUTO AUCTION, INC., a Corporation, attached herewith, which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of March, 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 COUNTY OF LUBBOCK I /s/ Roy Bass _ ROY BASS, MAYOR 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 val- uable consideration to it in hand paid by LUBBOCK AUTO AUCTION, INC., a Corporation in the City of Lubbock, Lubbock County, Texas, hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUITCLAIM unto the said GRANTEE, all its right, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: Li 0 A portion of land between Blocks 1 and 2, McLaughlin Subdivision to the City of Lubbock, Q MAR 11 191 r r Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the Southeast corner of Lot 2, Block 1, McLaughlin Subdivision of Nelson -Brown Addition to the City of Lubbock, Lubbock County, Texas; THENCE West along the South boundary of Block 1, said addition, a distance of 560.00 feet to the Southwest corner of Lot 1, said addition; THENCE South, along the East line of Locust Avenue, a distance of 50.00 feet to the Northwest corner of Block 2, said addition; THENCE East, along the North boundary of said Block 2, a distance of 255.00 feet to the Northwest corner of Lot 2, Block 2, said addition; THENCE North a distance of 25.00 feet to a point; THENCE East a distance of 305.00 feet to a point, said point being in the West line of Mag- nolia Avenue; THENCE North a distance of 25.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, CITY OF LUBBOCK, its successors or assigns, nor any per- sons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 11th day of March, 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 76-35-87-252 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (35) 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 a Quit Claim Deed in favor of Plains Linen Service of Lubbock, Inc., a corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of March, 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 QUITCLAIM DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by PLAINS LINEN Service of Lubbock, Inc., a Texas corporation with its registered office located in Amarillo, Texas, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE, AND FOREVER QUITCLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: A portion of land between Blocks 1 and 2, McLaughlin Subdivision to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the Northeast corner of Lot 2, Block 2, McLaughlin Subdivision of Nelson Brown Addition to the City of Lubbock, Lubbock County, Texas; THENCE West, along the North line of said Lot 2, a distance of 305.00 feet to the Northeast corner of Lot 1, said addition; mes AR 11. 1976 THENCE North a distance of 25.00 feet to a point; THENCE East a distance of 305.00 feet to a point, said point being in the West line of Magnolia Avenue; THENCE South a distance of 25.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, its successors, or assigns, nor any person 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 llth day of March, 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 ?6-35-88-253 The City Council considered the adoption of the 1976 Comprehensive Traffic Safety Plan. Walter (37) Goodgion, Traffic Safety Coordinator, appeared before the Council and discussed the STEP program and its effectiveness. After consideration of all information 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 adopt this Comprehensive Traffic Safety Plan, but in adopting this plan, the Council will not be bound to everything that is included. As some of these items are completed it might be necessary to adjust priortttes or completely delete certain priorities from the plan. See 1976 Comprehensive Safety Plan on file in the office of the City Secretary. '6-35-88-254 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON (A PORTION) OF A STREET AND ALLEY AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the Subdivider of Gordon Heights Addition, Lots 116-160, and Tract A-D made arrangements with Com- mercial Concrete Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the record- ing of the subdivision plat of Gordon Heights Addition, Lots 116-160, and Tracts A-D, including the following street and alley. The west 650 feet of the East-West alley south of 48th Street from the East property line of Utica Avenue to the west lip line of Salem Avenue known and designated as New Subidivision Unit A-441; East 1/2 of Utica Avenue from its intersection with a line 93 feet south of the south property line of 48th Street to its intersection with a line 441.60 feet south of the south property line of 48th Street known and designated as New Subidivision Sub -Unit Number 61 of Unit Number 2015. AND WHEREAS, the construction of the above improvements on the above -mentioned street and alley was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City speci- fications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street and alley be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the pay- ment of the City's portion of the cost. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS llth DAY OF MARCH, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass Roy Bass, Mayor APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney I 0 MAR 11 1976 r i w +4 76-35-89-255 (40) 76-35-89-256 (41) CONSOLIDATED FINAL ESTIMATE Gordon Heights Addition Lots 116-160� and Tracts A-D Accepted 3-11-1976 QUANTITIES � S.Y. S.Y. Alley S.Y. Unit & Paving L.F. Alley C&G Slab Alley Sub -Unit Location 6" Base C&G Return Removal Removal Slab A-441 E-W Alley S. of 48th Street from the EPL of Utica Ave. to WLL of Salem Avenue 725.00 NS2015-61 E 1/2 of Utica Avenue from 542.46 297.50 19.09 152.50 26.67 93'S of SPL of 48th St to 441.60' S of SPL of 48th St. TOTAL 542.46 297.40 19.09 152.50 26.67 725.00 COST ExTIMATE 542.46 S.Y. Paving 6" Base @ $2.69 $1459.22 297.50 L.F. Curb & Gutter @ $2.45 $ 728.85 19.09 S.Y. Alley Return @ $8.40 $ 160.35 152.50 C & G Removal @ $1.00 $ 152.50 26.67 Alley Slab Removal @ $3.00 $ 80.01 725.00 S.Y. Alley Slab @ $8.10 $5872.50 CONTRACT COST $8453.43 COST DISTRIBUTION Unit & Contract Property Sub Unit Cost Owner Cost A-441 $5,872.50 $5,872.50 NS2015-61 $2,580.93 $2,580.93 TOTAL $8,453.43 $8,453.43 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. D;:'C!►T TTTTAXT Resolution accepting water and sewer system improvements for Lots 1 thru 293 and Tract "A:, Spanish Oaks Addition. WHEREAS, the developer of Lots 1 thru 293 and Tract "A: Spanish Oaks Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $215,948.40 with the improvements con- structed by PANHANDLE CONSTRUCTION COMPANY having a value of $201,683.58 as determined by the unit prices established by said Chapter 34, and $14,264.82 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata and actual cost) paid to the City, with Spanish Oaks Develop- ment, Inc. the developer, to receive a refund of $60,147.52 in accordance with Chapter 34 of the Code of the City of Lubbock. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $60,147.52 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS llth day of March, 1976. Attested: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass _ Roy Bass, Mayor APPROVED: /s/ Fred 0. Senter_, Jr. Fred 0. Senter, Jr., City Attorney 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 that the following resolution be passed. RFCnT TTmTONT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: MAR 1 1976 THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to enter into an agreement between the CITY OF LUBBOCK and PARKHILL, SMITH & COOPER, covering Engineering Services for the renovation of the Water Treatment Plant, 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 llth day of March, 1976. ATTEST: /s/ 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 A G R E E M E N T CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. CONSULTING ENGINEERS FOR PROFESSIONAL SERVICES STATE OF TEXAS ) ( COUNTY OF LUBBOCK ) THIS IS AN AGREEMENT made as of llth day of March, 1976 by and between the CITY OF LUBBOCK, TEXAS, acting herein through its MAYOR who is duly authorized to act in behalf of the CITY OF LUBBOCK, TEXAS by resolution dated March 11, 1976, of the City Council of the CITY OF LUBBOCK, TEXAS (hereinafter called "OWNER") and PARKHILL, SMITH & COOPER, INC., CONSULTING ENGINEERS, of 4010 Avenue R, Lubbock, Texas, a corporation which is duly chartered under the laws of the State of Texas. Owner intends to modify the Lubbock Municipal Wzter Treatment Plant by converting the three secondary clarifiers to primary clarifiers; installing clarification equipment in the converted clarifiers and installing the necessary piping, valves and flow control devices to accomplish the conversion. Owner and Engineer in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by Engineer and the payment for those services by Owner, as set forth herein. Engineer shall serve as Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and will give consultation and advice to Owner during the performance of his services. SECTION 1 BASIC SERVICE OF ENGINEER 1 -1 aPNRRAT. 1-1.1 Engineer shall perform professional services as hereinafter stated which include normal civil, structural, mechanical and electrical engineering services and normal architectural services incidental thereto. 1-1.A SCOPE OF SERVICES The Engineer shall furnish engineering services for the design of facilities required to convert the three secondary clarifiers to primary clarifiers including piping, valves, flow splitting devices, clarification equipment and other incidental work necessary to the conversion. 1-2 PRELIMINARY DESIGN PHASE After written authorization to proceed with Preliminary Design Phase, Engineer shall: 1-2.1 Confer with the Owner regarding specific flow requirements and other data. 1-2.2 Prepare preliminary design report in letter form. 1-2.3 Based on the information contained in the preliminary design report, submit an opin- ion of probable cost for the Project including Construction Cost, contingencies and compensation for engineering services. 1-2.4 Furnish five copies of the above preliminary design documents and present and review them in person with Owner. 1-3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase, Engineer shall: 1-3.1 On the basis of the accepted preliminary design documents prepare for incorporation in the Contract Documents, final drawings to show the character and scope of the work to be per- formed by contractors on the Project (hereinafter called "Drawings"), and Specifications. 1-3.2 Furnish to Owner such documents and design data as may be required for, and assist in the preparation of, the required documents so that Owner may obtain approvals of such govern- mental authorities as have jurisdiction over criteria applicable to the Project, and assist in obtaining such approvals by participating in submissions to and negotiations with appropriate authorities. 1-3.3 Advise Owner of any adjustments to his lastest opinion of probable Project Cost caused by changes in scope, design requirements or Construction Costs and furnish a revised opin- ion of probable Project Cost based on the Drawings and Specifications. 1-3.4 Prepare bid forms, notice to bidders, instructions to bidders, general conditions and supplementary conditions, and assist in the preparation of other related documents. Review these forms with the Owner. 1-3.5 Furnish the Owner the original drawings and typed copies of the Specifications suitable for reproduction by Xeroxography. 1-4 BIDDING PHASE After written authorization to proceed with the Bidding Phase, Engineer shall: 1-4.1 Assis Owner in obtaining bids or negotiating proposals for each separate prime con- tract for construction or equipment. 9-1 MAR 11 197 M 1-4.2 Consul with and advise Owner as to the acceptability of subcontractors and other persons and organizations proposed by the prime Contractor(s) (hereinafter called "CONTRACTOR(s)") for those portions of the work as to which such acceptability is required by the Contract Documents, 1--4.3 Consult with and advise Owner as to the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution is permitted by the Contract Documents. 1-4.4 Assist Owner in evaluating Bids or proposals. 1-5 CONSTRUCTION PHASE Omitted - To be furnished by Owner. SECTION 2 ADDITIONAL SERVICES OF ENGINEER 2-1 If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the following types which are not considered normal or customary Basic Services; these will be paid for by Owner as indicated in Section 5. 2-1.1 Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2-1.2 Services resulting from significant changes in general scope of the Project or its design including, but not limited to, changes in size, complexity, Owner's schedule, or character of construction; and revision previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond Engineer's control. 2-1.3 Preparing to serve or serving as a consultant or witness for Owner in any litigation public hearing or other legal or administrative proceeding involving the Project. 2-1.4 Additional services in connection with the Project, including services normally fur- nished by Owner and services not otherwise provided for in this Agreement. 2-1.5 Preparing documents for alternate bids requested by Owner for work which is not executed or documents for out -of -sequence work. SECTION 3 OWNER'S RESPONSIBILITIES Owner shall: 3-1 Provide full information as to his requirements for the Project. 3-2 Assist Engineer by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to design and construction of the Project. 3-3 Furnish to Engineer, as required by him for performance of his Basic Services, data prepared by or services of others, such as core boring, probings and subsurface explorations, hydrographic surveys, laboratory tests and insepctions of samples, materials and equipment; appropriate pro- fessional interpretations of all of the foregoing; property, boundary, easement, right-of-way, topographic and utility surveys and property descriptions; zoning and deed restriction; and other special data or consultation not covered in paragraph 2-1; all of which Engineer may rely upon in performing his services. 3-4 Guarantee access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform his services. 3-5 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other docu- ments presented by Engineer, obtain advice of any attorney, insurance counselor and other con- sultant as he deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. 3-6 Pay all costs incident to obtaining bids or proposals from contractors. 3-7 Provide such legal, accounting, independent cost estimating and insurance counseling ser- vices as may be required for the Project, and such auditing service as Owner may require to ascertain how or for what purpose any contractor has used the moneys paid to him under the con- struction contract. 3-8 Designate in writing a person to act as Owner's representative with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with re- spect to materials, equipment, elements and systems pertinent to Engineer's services. 3-9 Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any defect in the Project. 3-10 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 3-11 Furnish, or direct Engineer to provide, necessary Additional Services as stipulated in section 2 of these Agreement or other services as required. 3-12 Bear all costs incident to compliance with the requirements of this Section 3. 3-13 Print, collate, bind and furnish to the Engineer for distribution to prospective bidders the Specifications and Plans. SECTION 4 PERIOD OF SERVICE 4-1 The provisions of this Agreement and the various rates of compensation for Engineer's services provided for herein have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. Engineer's obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts of the Project. 4-2 If Engineer's services for design of the Project are delayed or suspended in whole or in part by Owner for more than three months for reasons beyond Engineer's control, Engineer shall on written request to Owner (but without termination of this Agreement) be paid as provided in paragraph 5-3.5 for the services delayed or suspended. If such delay or suspension extends for more than one year for reasons beyond Engineer's control, or if Engineer for any reason is required to render services more than one year after Substantial Completion, the various rates of compensation provided for elsewhere in this Agreement shall be suject to renegotiation. SECTION 5 PAYMENTS TO ENGINEER 5-1 METHODS OF PAYMENTS FOR SERVICES AND EXPENSES OF ENGINEER 5-1.1 Basic Services - Owner shall pay Engineer for Basic Services rendered under Section 1, the lump sum amount of Fifteen Thousand Dollars ($15,000.00). 5-1.2 Additional Services - Owner shall pay Engineer for Additional Services rendered under Section 2 as follows: �.`. 2. R 11 1976 5-1.2.1 General. For Additional Services rendered under paragraphs 2-1.1 through 2-1.4, inclusive (except services as a consultant or witness under paragraph 2-1.3), on the basis of payroll costs times a factor of 2.35 for services rendered by principals and employees assigned to the Project. 5-1.2.2 Serving as a Witness. For the services of the principals and employees as consultants or witnesses in any litigation, hearing or proceeding in accordance with paragraph 2-1.3, at the rate of $340.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be on the basis provided in paragraph 5-1.2.1). 5-1.3 Reimbursable Expenses - In addition to payments provided for in paragraph 5-1.2, Owner shall pay Engineer the actual costs of all reimbursable expenses, times a factor of 1.15, incurred in connection with all Additional Services. 5-2 TIMES OF PAYMENT 5-2.1 Engineer shall submit monthly statements for Basic and Additional Services rendered and for reimbursable expenses incurred. The statements will be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing. Otherwise, these monthly statements will be based upon Engineer's payroll cost times a factor, Owner shall make prompt monthly payments in response to Engineer's monthly statements. 5-3 GENERAL 5-3.1 The Payroll costs used as a basis for payment mean the salaries and wages paid to all personnel engaged directly on the Project, including but not limited to, engineers, architects, surveymen, designers, draftsmen, specification writers, estimators, other technical personnel, stenographers, typists and clerks; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, work- men's compensation, health and retirement benefits, sick leave, vacation and holiday pay appli- cable thereto. 5-3.2 Reimbursable expenses mean the actual expenses incurred directly in connection with the Project for: obtaining bids or proposals from Contractor(s); furnishing and maintaining field office facilities; subsistence and transportation of Resident Project Representative, and their assistants; toll telephone calls and telegrams, reproduction of reports, drawings and Specifica- tions, and similar Project -related items in addition to those require under Section 1; computer time including an appropriate charge for previously established programs; and, if authorized in advance by Owner, overtime work requiring higher than regular rate. 5-3.3 If Owner fails to make any payment due Engineer for services and expenses within sixty days after receipt of Engineer's bill therefor, the amounts due Engineer shall include a charge at the rate of 0.75% per month from said sixtieth day, and in addition Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses. 5-3.4 I£ this Agreement is terminated by Owner upon the completion of any phase of the Basic Services, progress payments due Engineer for services rendered through such phase shall constitute total payment for such services. If this Agreement is terminated by Owner during any phase of the Basic Services, Engineer will be paid for services rendered during that phase on the basis of payroll costs times a factor of 2.35 for services rendered during that phase to date of termination by principals and employees assigned to the Project. In the event of any termination. Engineer will be paid for all unpaid Additional Services and unpaid reimbursable expenses, plus all termination expenses. Termination expenses mean reimbursable expenses directly attributable to termination, which shall include an amount computed as a percentage of total compensation for Basic Services earned by Engineer to the date of termination, as follows: 20% if termination occurs after commencement of the Preliminary Design Phase but prior to commencement of the Final Design Phase. SECTION 6 GENERAL CONSIDERATIONS 6-1 TERMINATION This Agreement may be terminated by either party upon thirty days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 6-2 REUSE OF DOCUMENTS All documents including Drawings and Specifications furnished by Engineer pursuant to this Agreement are instruments of his services in respect of the Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without specific written verification or adaptation by Engineer will be at Owner's sole risk and without liability or legal exposure to Engineer, and Owner shall indemnify and hold harmless Engineer from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further compensation at rates to be agreed upon by Owner and Engineer. 6-3 ESTIMATES OF COST 6-3.1 Since Engineer has no control over the cost of labor, materials or equipment, or over the Contractor(s') methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposals, bids or the Construction Cost will not vary from opinions of probable cost prepared by him. If prior to the Bidding Phase, Owner wishes greater assurance as to the Construction Cost, he shall employ an independent cost estimator as provided in paragraph 3-7. 6-4 SUCCESSORS AND ASSIGNS Owner and Engineer each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, ad- ministrators and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither Owner nor Engineer shall assign, sublet or transfer his interest in µ this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than Owner and Engineer. IN TESTIMONY OF WHICH this instrument has been executed on behalf of the above named Engineer by an officer of the corporation, and has been executed on behalf of the Owner, in two (2) counter- parts each of equal force, on the day and year first above written. Owner: CITY OF LUBBOCK, TEXAS 93 MAR 1 1 1976 76--35-93-257 (42) MR «. ATTEST: /s/ Roy Bass Mayor /s/ Treva Phillips City Secretary _.. APPROVED AS TO FORM: /_s-/Fred 0. Senter, Jr. ^� Engineer: PARKHILL, SMITH & COOPER, INC. City Attorney /s/ H. Bennett Reaves President 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 following resolu- tion be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following Resolution and proposed Agreement are hereby cancelled and shall hereafter no longer be of any force and effect: A Resolution and Land Use Permit, which Permit was to have been entered into by and between the City of Lubbock, Texas, and the Texas State Department of Highways and Transportation (as Permittee), relating to a monument site for the 1976 Bicentennial of the United States of America, passed and approved by this City Council on January 22, 1976, and of record at Pages 18 and 19, Minute Book No. 35 of this Council, which Permit was not executed and accept- ed by said Permittee. SECTION 2. THAT said Resolution and proposed Land Use Permit as hereby cancelled are ex- punged from the Minutes of this City Council as having no force and effect and shall be so noted by the City Secretary in the margins of said pages 18 and 19 of said Minute Book No. 35, to the end that a new agreement can and is authorized with respect to the same subject matter as herein- after set forth. SECTION 3. 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, new and revised agreement in lieu and as a substitute for the proposed agreement hereinabove cancelled, which new agreement is to be entered into by and between the City of Lubbock, Texas, and Texas State Department of Highways and Trans- portation (as Licensee) which is entitled a Land Use License, covering the same general subject matter as the cancelled agreement hereinabove set forth, 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 llth day of March, 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 LAND USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I This License Agreement is entered into as of the llth day of March, 1976, by and between the CITY OF LUBBOCK, TEXAS, a Texas Home Rule Municipality located in Lubbock County, Texas, act- ing by and through its Mayor hereunto duly authorized, hereinafter called "CITY", and the TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION (the Successor State Agency to the Texas Highway Department), acting by and through its undersigned District Engineer of the District having jurisdiction over Lubbock County pursuant to written authorization from the State Office of said Department to accomplish the matters hereinafter set forth, hereinafter called "LICENSEE", in consideration of the mutual covenants and agreements to be kept and performed by the parties hereto do hereby contract and agree as follows: I. The improvements herein contemplated are in connection with the 1976 Bicentennial of the United States of America. LICENSEE is granted the right of ingress, egress and regress for the purpose of constructing and maintaining improvements constituting a historical park overlook adjacent to Loop 289 upon land owned by the CITY, such improvements to be in the nature of an entry and exit road approximately twelve feet in width, pedestrian sidewalks, a parking lot for cars, picnic tables and monuments and/or commemorative signs or plaques setting forth and com- memorating matters of historical significance pertinent to this area of Texas: Said improvements shall be completed by LICENSEE using its own employees and servants within 90 days from the date of this Agreement at LICENSEE'S expense estimated to be approximately $7,530.00, PROVIDED HOWEVER, that said 90 day performance time limit shall automatically be extended for such amount of time of delay in the project which is caused and brought about by any condition or event beyond the control of the LICENSEE and/or which could not have reasonably been forseen and/or prevented by LICENSEE, such as but not limited to: Act of God, natural disaster, civil riot or commotion or insurrection; or by governmental rule, regulation, order, legislation, or determination by a federal, state, or local government; or judicial decision resulting from court litigation or whatever type or character; or any type of labor strike or disturbance. Said improvement shall be M MAR 11 1976 constructed in accordance with such lay -out design as shown on attached schematic diagram sketch and plan marked "EXHIBIT A" and made a part hereof. II. Said improvements are to be made, constructed, and/or placed by LICENSEE in accordance with the said lay -out design within the following described perimeter, being real estate described as follows: A tract of land located in Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point, said point being 447.6 feet South 65*24' West of the intersection of the East section line of Section 18, Block A, with the North right-f-way line of Northwest Loop 289; THENCE North 38032' West for a distance of 399.4 feet to a point; THENCE South 49023' West for a distance of 268.7 feet to a point; THENCE South 39°45' East for a distance of 324.4 feet to a point on the right-of-way line of Northwest Loop 289; THENCE North 65024' East for a distance of 270.2 feet along said right-of-way line to the PLACE OF BEGINNING The monuments and/or commemorative signs or plaques placed on the above described real estate by LICENSEE shall remain the property of LICENSEE subject to removal by LICENSEE at its expense, and shall be maintained by LICENSEE, and CITY shall not be responsible or liable to LICENSEE for any loss or damage as regards such monuments or signs or plaques as a result of theft, vandalism, or Act of God or natural disaster. LICENSEE shall also be responsible for the maintenance of the improvements and grounds within the above described perimeter and to keep the premises suitable for park purposes at all times during the life of this Agreement. IV. This Agreement shall remain in force so long as said land in maintained in like manner as other park lands in the immediate area, and in the event LICENSEE shall fail or refuse to maintain these premises within 60 days after notice in writing from the City Manager of the CITY OF LUBBOCK or his counterpart in the event there is no City Manager and addressed to the District Engineer of the Texas State Department of Highways and Public Transportation having jurisdiction over Lubbock County, then this License shall automatically be cancelled. This Agreement is executed in duplicate, each duplicate being considered an original. WITNESS OUR HANDS AT LUBBOCK, TEXAS this llth day of March, 1976. ATTEST: CITY OF LUBBOCK /s/ Roy Bass _ /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. TEXAS STATE DEPARTMENT OF HIGHWAY Fred 0. Senter, Jr., City Attorney AND PUBLIC TRANSPORTATION BY George C. Wall 76-35-94-258 DISTRICT ENGINEER (43) 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 following resolu- tion be passed. 1DPCr%T TTrPTnWT 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 STREET USE LICENSE in favor of S. HOWARD HOPE of Oklahoma City, Oklahoma., and his son, SHERMAN A. HOPE, of Terry County, Texas, 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 llth day of March, 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 95 MAR 11 1976 STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK I This indenture made this llth day of March, 1976, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and S. HOWARD HOPE of Oklahoma City, Oklahoma and his son, SHERMAN A. HOPE, of Brownfield, Terry County, Texas hereinafter collectively called "LICENSEE." WITNESSETH: For and in consideration of the sum of ONE AND NO/100 ($1.00) and other good and valuable consideration to it in hand paid by GRANTEES herein and subject to the terms, conditions and pro- visions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a vehicle parking lot as a proposed auxiliary use to apartment house units owned by LICENSEE and located on property adjacent to property herein concerned in and upon the following described portion of dedicated public street, to -wit: A Street Use License covering a portion of Geneva Avenue between Blocks 5 and 6 Westhaven Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the Northwest corner of Lot 16, Block 6, Westhaven Addition, said point being in the East right-of-way line of Geneva Avenue; THENCE West, along the South right-of-way line of 2nd Place, a distance of 50.00 feet to a point; THENCE South along the West right-of-way line of Geneva Avenue, a distance of 147.5 feet to the Northeast corner of Lot 32, Block 5, Westhaven Addition. THENCE East a distance of 50.00 feet to the Northwest corner of Lot 17, Block 6, Westhaven Addition; THENCE North, along the East right-of-way line of Geneva Avenue, a distance of 147.5 feet to the PLACE OF BEGINNING. 1. The terms of this grant shall be from year to year not to exceed five (5) 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 of LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE in care of Brownfield Medical Clinic, 901 Tahoka Road, Brownfield, Texas 79316 or to the last known address of either LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition 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. LICENSEE shall pave the parking lot to City specifica- tion and grade as set and approved by the City Engineer at LICENSEE'S expense. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 3. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the re-routing or re-alighnment of any public utility, franchised utility, or sani- franchised tary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or may be, utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case have l for its expense of such re -locating or re-routing over and above the expense which would 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 license herein and prepare or begin or complete any part of the construc- right under the granted in that tion as herein contemplated across any or all of the above set out property, then and event said LICENSEE, his heirs and assigns, 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 actions, suits at law or in equity of whatsoever kind or nature which out of or be related to the making of this license or the construction or maintenance may grow and use herein. The CITY OF LUBBOCK, at its option, may require an agreement with any permitted contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost the of the work to be done by such contractor. The CITY and expense growing out of performance OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable Surety Bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. i I V R 11 1976 6. LICENSEE agrees and is required 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 successors, legal representatives, assigns and the duly authorized agents and contractors 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 succes- sors 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 of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. ATTEST: CITY OF LUBBOCK /s/ Treva Phillips BY /s/ Roy Bass Treva Phillips, City Secretary -Treasurer ROY BASS, MAYOR AGREED TO AND ACCEPTED this llth day of March, 1976. APPROVED AS TO FORM: LICENSEE /s/ Fred 0. Senter Jr. S. HOWARD HOPE Fred 0. Senter, Jr., City Attorney APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer 76-35-96-259 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 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 CLIFFORD W. BROWN and DEAN SHUMAN, 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 llth day of March, 1976. ATTEST: /s/Ro Bass /s/ Treva Philli s ROY BASS, MAYOR Treva Phillipc, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS ALLEY USE LICENSE COUNTY OF LUBBOCK This indenture made this llth day of March, 1976, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and CLIFFORD W. BROWN and DEAN SHUMAN of Lubbock County, Texas, here- inafter collectively called LICENSEE. WITNESSETH: Subject to the terms, conditions and provisions herein the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use a portion of dedicated street to construct and maintain a counter balanced fire escape over the alley behind Lot 5, Bl Town, the address of which is 1601 Broadway, being in and upon the followinock 127, Original g described portion of dedicated public alley to -wit: BEGINNING at a point a distance of 7.5 feet West of the Southeast corner of Lot 5, Block 127, Original Town an Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 3.00 feet to a point; THENCE West a distance of 20.00 feet to a point; THENCE North a distance of 3.00 feet to a point; 9'7 MAR 11 1976 THENCE East a distance of 20.00 feet to PLACE OF BEGINNING. 1. The terms of this grant shall be from year to year not to exceed 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, addressed to LICCENSEE at 1601 Broadway, Lubbock, Texas. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements 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 re- move such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter posses- sion, and remove or cause to be removed such improvements and the expense incurred shall be as- sessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED AND NO/100 ($200.00) DOLLARS payable in advance contemporaneously with execution and acceptance hereof by LICENSEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the re-routing or re -alignment of any public utility, franchised utility, or sani- tary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, uting over and above the expense which would have for its expense of such re -locating or re-ro been incurred except for LICENSEES use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demand, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use y' permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any con- tractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or mainten- ance permited herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond in an amount and in the form satisfactory to the said CITY OF LUBBOCK, GUARANTEEING'THE FAITHFUL performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCI The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reaonsable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required 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. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representative, assigns and the duly authorized agents and contractors 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 (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of 1976• LICENSEE: APPROVED: CLIFFORD W. BROWN /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney DEAN SHUMAN APPROVED: I I - -, P . - 11---.._ 9 MAR 11 1976 76-35-98-260 (45) Marvin Coffee, Director of Aviation, appeared before the City Council and presented the following recommendations of the Airport Board Lubbock regarding rates for the public automobile parking lot at Regional Airpot: Term Time Short Term 0 - 1/2 hr. Rate Daily Maximum Weekly Maximum ea. add. 1/2 30fi $3.00 $21.00 hr. 201,% Long Term 0 - 1 hr. 35p. $2.00 $10.00 ea. add. 1 hr. 15fi After consideration of all information presented, 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 rates as recommended by the Airport Board. 76-35-98-261 (46) The following bids were received for Bid No. 3759 the purchase of equipment for McCullough Substation, being Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Fields and Company for equipment of McCullough Substation. 76-35-98-262 The following bids were received for the purchase of safety equipment for Lubbock Power and Light, (47) being Bid No. 3766. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Nelson Electric Supply Co. for the purchase of Items 1,2, 3,4,5,6,7,9, and 11; accept the bid of Temple, Inc., for the purchase of Items 8 and 10. 76-35-98-263 The following bids were received for the purchase of miscellaneous water items for warehouse stock, (48) being Bid No. 3794. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of M. B. McKee Co., for the purchase of Items 1, 2 and 3; accept the bid of Western Industrial Supply Co., Amarillo, for the purchase of Item 4. 76-35-98-264 The following bids were received for the purchase of a fogging and spraying machine for the Health (49) Department, being Bid No. 3772. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was woman Jordan, motion carried, Mayor Bass, Councilmen made by Councilman West, seconded by Council- West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Public Health Equipment Supply, San Antonio, for the purchase Of a fogging and spraying machine for the Health Department. 76-35-98-265 (50) The following bids were received for the purchase of a greens aerator Golf Course, being Bid No. 3779. machine for Meadowbrook Bid Tabulation set in Bid Book. After consideration of all bids received, motion was woman Jordan, motion carried, Mayor Bass, Councilmen made by Councilman West, seconded by Council- none voting Nay to accept the bid of Colonial Motors, West, Jordan, Henry and Campbell voting Yea, Dallas, machine for Meadowbrook Golf Course. for the purchase of a greens aerator 76-35-98-266 (51) The following bids were received for an asphaltic concrete Street and Gary Avenue, being surface on the Tennis Center at 66th Bid No. 3791. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilwoman, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Lubbock Asphalt Products for an asphaltic concrete surface on the Tennis Center at 66th Street and Gary Avenue. 76-35-98-267 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (54) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to appoint Dr. George Farrell to the Lubbock Citizens' Traffic Commission to replace Oscar L. Crain who resigned. This term expires July 13, 1977. 76-35-98-268 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (55) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reappoint A. C. Bowden and Warner Sims and appoint Dr. Floyd Perry as Public Sector Representatives to the Community Services Commission. These terms are for two years and will expire March 31, 1978. 99 MAR 11 1976 46 r F d Ma or Bass Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carrie , y 2 voting Nay to reappoint Henry Huneke 76-35-99-269 (56) and Campbell voting Yea, none Councilmen West, Jordan, Henry p the Park and Recreation Board. These terms and appoint Joe Crutcher and Mrs. uth Johch nson 1to are for three years and will expire At 11:30 A.M. Mayor Bass recognized Mr. Marion Key and members of the Chamb eofof Co mercefication E. Brown, 76-35-99-270 Beautification Committee. Mr. Key intruduced Mr. Charles Samples, who made proposals concerning a "clean- Committee. Mr. Brown then presented Mr. Keith included special efforts to keep down weeds, use of These clean, up" campaign for the City. proposals letters of commendation to those keeping property Civic Club speakers, p property to keep p p Y stuffers in mailing, for those who have made outstandingaccomplishments in efforts p with monthly awards clean. s. ce, and of Mrs. Betty Baker of the Women's Division of the theseoproposals. encouragedrimplementationaofelle the Lubbock Council of Garden Clubs also app earedhander by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Nay that the City Council supprto Motion was made Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Committee, and that City ordinances be enforced and endorse the efforts of the Chamber of Commerce in the area of keeping the City clean. the Electric Utility Board, appeared before the City Council and pre- 176-35-99-271 Jack Powers, Chairman of Board's recommendations on the following items: (10) 1' sented the line from Co-op Substation to Holly Avenue switch- a. Engineering contract for transmission yard. in the amount of $50,260 from Electric Light and Power System b. An appro p riation ordinance for contract on transmission line from Co-op Substation o Revenue Bonds engineering Holly Avenue switchyard. of time to Highline Construction Company on contract for 34th Street Trans- c. Extension mission Line. Mayor motion voting Nay tocauthorize a made by Councilwoman 76-35-99-272 (l0a) andseconded CampbellbvotingcYea,nnone�pbell, Motion was Henry Bass, Councilmen West, Jordan, Hen y for a transmission line from Co-op Su sta- contract with Hicks an d Ragland Engineering Company tion to Holly Avenue switchyard. Motion was made by Councilwoman Jordan,sec onded bellp d, Mayor voting mNay otocpass e0rdtnance 76-35-99-273 Cam bellbv tingcYea,nnonep Councilmen West, Jordan, Henry P (10b) Bass, No. 7228 on first reading. ORDINANCE N0. 7228 AN APPROPRIATION ORDINANCE 76-35-99-274 (10c) 76-35-99-275 (11) �1 �!76-35-99-276 l (32) 76-35-99-277 1� (36) WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described IC LIGHTAND POWER £SYSTEM REVENUE und, to -wit: EBOND RFUND The sum $50,260.00 For the following purpose: For engineering contract on transmission line from Co-op Substation to Holly Avenue Switchyard and associated engineering as required. 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 authorize a 60-day extension of time to Highline Construction Company on contract for construction of the 34th Street Transmission Line. Larry Anderson, of Mason, Nickels and Warner, independent auditors for the City of Lubbock, appear- ed and presented the annual financial stated thatothe9City5remainshinesounddes of the financial financial condition,con- dition of the City of Lubbock. He Following his presentation, a lengthy discussion was had by the Council concerning the report and the financial standing ofCity. of the(See Cityreport Councnlfile that1th�sereportoffice befacceptedthe City Secretary- Treasurer). It was the consensus aend The City Council considered the passage ccxeating27 on second a Convents.onaPromotionfinal rSubco�nittee�ng Article VII of Chapter 2 of the Code of Ordinances Councilmen Henry and Campbell gave a report of a committee meeting with representatives of the discussed various proposals made Chamber of Commerce Board held March 9, and the City Council at that meeting. After considerable discussion, it was the consensus of the City Council to hold this item until information is received from representatives of other cities who have civic centers, to -wit: Amarillo, E1 Paso, Dallas, San Antonio, Corpus Christi. Representatives have been invited to meet with the City Council in a work session on or before March 29, to explain their operations and organization. NOTICE OF PUBLIC HEARING CON "ITY DEVELOPMENT PROGRAM On March 11, 1976, at 11:00 a.m. in the Council Chamber of the Municipal Building in regard to proposed amendment of the Community Development Program authorized by Title I of the Housing 100 MAR 11 1976 117 and Community Development Act of 1974. Citizens are invited to attend eir views concerning the following proposed changes to the list of projects approvedefor ethet1976 Community Development Program: Deletion of street paving for E 58th St. between Ivory and Magnolia Avenues. Addition of street DavinQ fnr 0!21- A,...-.._ ti _ In accordance with the above Notice of Public Hearing, hearing was held in regard to an amendment to the Community Development Program regarding deletion of street paving for East 58th Street and substituting street paving for Oak Avenue between East 50th Street and East 55th Street. Mayor Bass called for all interested persons to come forward. Mrs. Keith Lawson and Mrs. Eva Paul, who live in the area of East 50th Street and Magnolia Avenue, asked why Oak Avenue was chosen instead of Magnolia. It was explained that Magnolia is already in the avin were to pave it either the latter part of 1976 or the earl P g Program and plans y7. No one else came ward; whereupon, Mayor Bass announced that the hearing was closed. No7action was taken. for- 76-35-100-278 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried (39) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, ea, none voting Nay that the foll resolution be passed. owing RESOLUTION WHEREAS, the Texas Highway and Public Transportation Commission by Minute Order No. 71042 tendered assistance to the City of Lubbock in the reconstruction of frontage roads on U.S. High- way 82; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock hereby accepts the provisions contained in Minute Order No. 71042 of the State Highway and Public Transportation Commission, a copy of which is attached hereto. Passed by the City Council this llth day of March, 1976. ATTEST: /s/ ROY BASS /s/ Treva Philli s ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION Lubbock County MINUTE ORDER District No. 5 Page 1 of 2 pages WHEREAS, in LUBBOCK COUNTY on U.S. HIGHWAY 82, the City of Lubbock has requested assistance in reconstruction on Frontage Roads including incidental items thereto from North Elder Avenue to North Guava Avenue, a distance of approximately 0.1 mile; and WHEREAS, an analysis of the request indicates that such work will materially add to traffic sat on this facility; ety NOW, THEREFORE, the Engineer -Director is directed to tender the following proposal to the City Lubbock: of Provided the City will: I. Provide for the construction of continuous curb and gutter on South Frontage Road where none now exits, storm sewers, etc., all as may be necessary for a complete project with the ex- ception of pavement and its support. 2. Assume responsibility for the construction of driveways and sidewalks where none now should they be deemed necessary now or in the future and agree to make such installations in ac- cordance with governingexist policies and regulations of the Department. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic, provide for parallel parking and prevent encroachment on the right of way, all in accordance with governing P ent the Department. P nt g policies and regulations of The State Department of Highways and Public Transportation will: 1. Provide for reconstruction of Grading, Structures and Surfacing on Frontage Roads. 2. Maintain that portion of the work which is its responsibility in accordance with r maintenance agreement. p esent � It is understood that the responsibility of the Department is confined to the pavement and support and all other features necessary now or in the future to provide an adequate travelfacility shall be the responsibility of the City of Lubbock. I Upon acceptance of the provisions of this Order by the appropriate the Engineer -Director is directed to proceed with development rofplans lforlconstruction of the yanof d Lubbock the City has fulfilled its responsibilities, proceed with construction in the most feasibleafter economical manner, financing the cost from funds presently authorized in the Maintenance Spean cid Job Contingent Fund. al 10 MAR 1 19 It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to include its portion of the work in the State's construction contract, the Engineer -Director is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Lubbock and if not accepted with- in 90 days of the date hereof, the action herein contained shall be automatically cancelled. Submitted by: Program Engineer APPROVED: Examined and recommended by: Approved Assistant Engineer --Director Engineer Director Commissioner Commissioner Commissioner Minute Number 71042 Date Passed March 5, 1976 76-35-101-279 The following bids were received for the construction of a parking lot in Block 4, Memorial Center (53) Addition, being Bid No. 3761. 76-35-101-280 (57) I 4 � m 0 o..� U 00 ^n ri Nt'j •r! O �0 N 00 "C; a� 'l7N` co U N � 4) R', 00 Bid Tabulation set in Bid Book. Jim Bertram, Director of Planning, appeared before the City Council and presented a drawing of the proposed parking lot, with landscaping. After consideration of all bids received and all information presented, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the base bid of Kerr Construction Company in the amount of $31,942.65 be accepted and approve the additional $2,890.00 for the aggregate sidewalk, for a total construction price of $34,832.65, with the $4,832.65 overage to come from General Revenue Sharing Funds, Entitlement Period No. 7. Councilwoman Jordan requested the City Council's reconsideration of financing a traffic signal at 62nd Street and Slide Road. She stated she felt a precedent had been set by authorizing this signal installation at the expense of the developer. Motion was made by Councilwoman Jordan that if the City Council finds this traffic signal necessary at the intersection of 62nd Street and Slide Road, that it be paid for out of City funds; not to be paid for by the developer. This motion died for lack of a second. Bill McDaniel, Director of Traffic, appeared in regard to traffic on Slide Road. After considerable discussion, it was the consensus of the City Council that the minutes reflect that the City Council was not offering signals or stop signs for sale. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting March 11, 1976. ATTEST: Treva Phillips, City retary-Treasurer READ AND APPROVED THIS THE 29th day of March, ATTEST: i Treva Phillips, City Se etary-Treasurer rf;L. al-, R BA S, MAYOR 1 ROY BAS , MAYOR