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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/29/1976102 mu�7�i�Tr�7_ 76-3$-102-281 (1) 76-35-102-282 (2) 76-35-102-283 (3) REGULAR CITY COUNCIL MEETING March 29, 1976 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, City Manager N.B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None The invocation was given by Fire Chief Tom Foster. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held March 11, 1976. 76-35-102-284 Frances Mitchell, Beta Sigma Phi, appeared before the City Council and presented a donation in (5) the amount of $1,000 to be used for landscaping along the Bicentennial Trail, with the plant- ing to be located in the vicinity of the historic bridge, just west of North University Avenue, below the Campfire Girls Headquarters. Motion was made by Councilman Henry, seconded by Council- man Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to thank Beta Sigma Phi for this donation. 76-35-102-285 Mrs. C. R. Edwards appeared before the City Council expressing opposition to garbage container (6) placement in the 1500 block of 30th Street and 29th Place, and requested that they be allowed to go back to hand pickup (moving the cans to the curb on pickup day). Mrs. Blanche Baker and Mrs. Pauline Connally also voiced opposition to placement of containers on the street. Mrs. Jennie Daniels of 1506 30th Street, stated she preferred the containers as they are now placed. Mayor Bass stated that two other persons had telephoned expressing their wishes that container placement remain as it now is. It was stated by members of the City Council that it would not be economically feasible to employ an extra crew for hand pick up. After considerable discus- sion concerning the situation, it was the consensus of the Council that the Director of Public Works be instructed to have his staff make a neighborhood assessment as to preferences in re- gard to placement of containers. 76-35-102-286 Arnold Maeker appeared before the City Council requesting a Street Use License on Broadway be- (7) tween Avenue L and Avenue M. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed authorizing the Mayor to execute a Street Use License in favor of First Federal Savings and Loan Association of Lubbock, and permit landscaping along Boradway and Avenue L, using public right-of-way adjacent to the property, subject to approval of the City Council and City Staff. RF.gOT.TTTTnM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a STREET USE LICENSE in favor of FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LUBBOCK, Lubbock, 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 29th 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..z-- Fred 0. Senter, Jr.,City Attorney STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I This indenture made this 29th day of March, 1976 between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LUBBOCK, Lubbock, Texas hereinafter 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 building columns five (5) feet into the fourteen (14) foot sidewalk for a distance of seventy-eight (78) feet in and upon the following described portion of dedi- cated public street, to -wit: A Street Use License for a portion of the sidewalk on the North side of the Dunlap Building in Block 130, Original Town, an addition to the City of Lubbock, Lubbock County, Texas, said portion being more particularly described as follows: �L MAR 2 9 T r r r r BEGINNING at a point at the intersection of the West property line of Avenue 'ILI' and the South property line of Broadway; THENCE West along the South property line of Broadway a distance of 46.00 feet to a point; THENCE North a distance of 5.00 feet to a point; THENCE West, along a line parallel to the South property line of Broadway, a distance of 78.00 feet to a point; THENCE South a distance of 5.00 feet to a point in the South property line of Broadway; THENCE East, along the South property line of Broadway, a distance of 124.00 feet to the PLACE OF BEGINNING. Landscaping is also permitted along Broadway and Avenue L adjacent to the property being developed by permittee subject to detailed approval of the appropriate City staff officials and the City Council. 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 LICENSEE at 1120 14th Street, Lubbock, Texas or the last known address of 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. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED AND N01100 ($200.00) DOLLARS cash in advance contemporaneously with the acceptance and execution 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 realignment of any public utility, franchise utility, or sani- tary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchise utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for LICENSEE'S 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 con- struction 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 other- wise 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 maintenan and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any 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 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 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, guarantee- ing the faithful performance of all the terms, covenants and conditions contained in said agree- ment and a certified copy of a policy of public liability assumed by contractor in said agree- ment with the CITY OF LUBBOCK. The CITYY 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. 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 cover- ing 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: /c/ u.,.. u­ /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney APPROVED: /s/ WilfordD. Watson Wilford D. Watoos, City Engineer , 1976. LICENSEE: FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF LUBBOCK, LUBBOCK, TEXAS BY Robert A. Edwards, President -35-104-287 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (8) Bass, Councilman West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7228 on second and final reading. ORDINANCE NO. 7228 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: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $50,260.00 For the following purpose: For engineering contract on transmission line from Co-op Substattion to Holly Avenue Switchyard and associated engineering as required. -35-104-288 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (9) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7158 on second and final reading. ORDINANCE NO. 7158 AN ORDINANCE ABANDONING AND CLOSING A 30 FEET WIDE UTILITY EASEMENT LOCATED BETWEEN LOT 78 AND 131, MURRYHILL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICU- LARLY 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. -35-104-289 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (10) 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 QUITCLAIM DEED in favor of DOYLE LANGFORD and wife, IDA LANGFORD, 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 29th 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 COUNTY OF LUBBOCK I /s/ RoX 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 valuable consideration to it in hand paid by DOYLE LANGFORD and wife, IDA LANGFORD, hereinafter collective- ly called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by thses 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: L 1 I 1( MAR 2 A 30.00 feet wide Utility Easement between Lot 78 and Lot 131, Murryhill Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point which is 15.00 feet West of the Southwest corner of Lot 78, Murryhill Addition; THENCE North a distance of 120.00 feet to the South Right -of -Way line of 48th Street; THENCE West, along the South Right -of -Way line of 48th Street, a distance of 30.00 feet; THENCE South a distance of 120.00 feet to the North line of a 20.00 foot alley; THENCE East a distance of 30.00 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, their heirs and assigns forever, so that neither the GRANTOR, CITY OF LUBBOCK, its successors, or assigns, nor any person claiming under its 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 29th 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 76-35-105-290 NOTICE (12) OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 29th day of March, 1976, at 9:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation: 1. ZONE CASE # 2071 - Request of Kyle Bartee and Otis Maner to change Lots 2, 3 and 4, Block 2, Burleson and Osborn Heights Addition, City of Lubbock, Lubbock County, Texas, from C-3 to C-4 Zoning District. (Located South of Fordham Street and West of Clovis Road.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 2. ZONE CASE #921-G - Request of Ted Rushing to change a tract of land out of Section 3, Block E, G.C. and S.F.R.R. County Survey, and Lots 1-A,B and C, Briercroft Second Addition, from R-1 Specific Use to C-3 Zoning District. Property is further described by metes and bounds to wit: Beginning at a point which bears south 0*02' east a distance of 75 feet and south 89°58' west a distance of 915.42 feet from the northeast corner of Section 3, Block E, G.C. and S.F.R.R. County Survey, Lubbock County, Texas; THENCE South 0°02' East a distance of 106.0 feet to a point; THENCE South 15°27'54" East a distance of 450.68 feet to a point; THENCE North 89058' East a distance 227.0 feet to a point; THENCE North 61057'51" East a distance of 51.26 feet to a point in a curve to the left with a radius of 1969.9 feet; THENCE along said curve to the left in a southeasterly direction having a chord distance of 322.28 feet to a point; THENCE South 89*58' West a distance of 629.95 feet to a point; THENCE South 0002' East a distance of 610 feet to a point; THENCE South 89°58' West a distance of 465 feet to a point; THENCE North 45*02' West a distance of 14.14 feet to a point; THENCE North 0002' West a distance of 984.0 feet to a point; THENCE 89058' West a distance of 482.0 feet to a point; THENCE 0002' West a distance of 20 feet to a point; THENCE 89*58' East a distance of 165.0 feet to a point; De 2 9 1976 THENCE North 0°02' West a distance of 150.0 feet to a point; THENCE North 89058' East a distance of 60 feet to a point; THENCE North 0002' West a distance of 240.0 feet to a point; THENCE North 89°58' East a distance of 257.0 feet to a point; THENCE South 0002' East a distance of 205.0 feet to a point; THENCE North 89°58' East a distance of 129.0 feet to a point; THENCE North 0°02' West a distance of 145.0 feet to a point; THENCE North 5°30'27" West a distance of 60.27 feet to a point; THENCE North 89058' East a distance of 430.34 feet to the point of beginning; Containing 22.3 acres more or less. (Located South of 50th Street and West of Avenue Q.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 3. ZONE CASE #1759-B - Request of Bob Gilliam (for Crowe -Guide Inc.) to change Lot 2, Newman Addition, City of Lubbock, Lubbock County, Texas, from C-4 to M-1 Zoning District. (Located North of 50th Street between Frankford Avenue and Loop 289). The Planning and Zoning Commission recommended to the City Council that this request be ranted subject to the following condition: r 1. That all outside storage be screened with a screening fence. 4. ZONE CASE #2072 - Request of Bobby J. Moody (for First Baptist Church) to change Lot 12, Block 52, Overton Addition, City of Lubbock, Lubbock County, Texas, from C-1 to A-2 with conditions, church use only. (Located South of 15th Street and East of Avenue V.) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: r 1. That it be for Church and related uses only. 5. ZONE CASE #1490-C - Request of Pat Melton to change a tract of land out of Section 10, Block E-2, Fiesta Autoland Center Addition, City of Lubbock, Lubbock County, Texas, to delete conditions of Ordinances #5307 and #6119. Property is further described by metes and bounds to wit: BEGINNING at a point 189.8' south of the northwest corner of Section 10, Block E-2; THENCE South a distance of 1130.2' to a point; THENCE East a distance of 2640' to a point; THENCE North a distance of 639.9' to a point; THENCE North 72000' West along the South right of way line of Loop 289 a distance of 1950.3' to a point; THENCE North 77044' West a distance of 378.5' to a point; THENCE West along a line parallel to the South line of said tract a distance of 242.1' to a point; THENCE South around a curve having a radius of 215' a distance of 232.5' to a point; THENCE West 58.5' to the PLACE OF BEGINNING. (Located South of Loop 289 between Slide Road and Utica Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be ranted subject to the following conditions: 1. That 100 foot building setback lines be observed from the property lines along Loop 289. 2. That 43 foot building setback lines be observed along Slide Road and Utica Avenue. 3. That a six foot solid permanent type screening fence be erected and permanently maintained along the West property lines. The fence along the West property line shall be of brick construction. Additional vehicular traffic shall be permitted through the West fence wherever a street be dedicated by the owners and approved by the Planning and Zoning Commission.. /s/Treva Phillips Treva Phillips, City Secretary El i� I In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2071 - Request of Kyle Bartee and Otis Maner to change property located south of Fordham Street and west of Clovis Road from "C-3" to "C-4" Zoning District. The Planning and Zoning Commission MAR Z 5 3k II recommended that this request be granted. Mayor Bass called for proponents and opponents to II appear before the City Council. Otis Maner appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7229 on first reading. ORDINANCE N0. 7229 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. 2071: CHANGE LOTS 2, 3 AND 4, BLOCK 2, BURLESON AND OSBORN HEIGHTS 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. 76-35-107-291 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (13) 921-G - Request of Ted Rushing to change property located south of 50th Street and west of Avenue Q from "R-1" Specific Use to "C-3" Zoning District. The Planning and Zoning Commission re- commended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Ted Rushing appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7230 on first reading subject to there being 40' setbacks on the south and west sides of this property and 35' setbacks on the east and west sides. ORDINANCE NO. 7230 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 921--G: CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK E, G.C. and S.F.R.R. COUNTY SURVEY, AND LOTS 1-A, B AND C, BRIERCROFT SECOND ADDITION, FROM A R-1 SPECIFIC USE TO A C-3 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSI AND PROVIDING FOR PUBLICATION. 76-35-107-292 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (14) 1759-B - Request of Bob Gilliam (for Crowe-Gulde, Inc.) to change property located north of 50th Street between Frankford Avenue and Loop 289 from "C-4" to "M-1" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: G� That all outside storage be screened with a screening fence. Mayor Bass called for proponents and opponents to appear before the City Council. Bob Gilliam appeared before the City Council requesting that this property be left "C--4" with no screening fence. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7231 on first reading. ORDINANCE NO. 7231 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7078 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1759-B: CHANGE LOT 2, NEWMAN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-4" TO AN "M-l" ZONING DISTRICT; SUBJECT TO CONDITIONS PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-107-293 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (15) 2072- Request of Bobby J. Moody (for First Baptist Church) to change property located south of 15th Street and east of Avenue V from "C-1" to "A-2" with conditions, church use only. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: That it be for church and related uses only. Mayor Bass called for proponents and opponents to appear before the City Council. Bobby J. Moody appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommenda- tions of the Planning and Zoning Commission and pass Ordinance No. 7232 on first reading. ORDINANCE NO. 7232 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. 2072: CHANGE LOT 12, BLOCK 52, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A "C-1" TO AN "A-2" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLI- CATION. 76-35-107-294 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (16) 1490-C - Request of Pat Melton to change property located south of Loop 289 between Slide Road and Utica Avenue to delete conditions of Ordinance No. 5307 and Ordinance No. 6119. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions 1. That 100 foot building setback lines be observed from the property lines along Loop 289. 29 1976 2. That 43 foot building setback lines be observed along Slide Road and Utica Avenue. 3. That a six foot solid permanent type screening fence be erected and permanently main- tained along the west property lines. The fence along the west property line shall be of brick construction. Additional vehicular traffic shall be permitted through the west fence whereever a street is dedicated by the owners and approved by the Planning and Zoning Commission. Mayor Bass called for proponents and opponents to appear before the City Council. Pat Melton appeared in support of this zone change request and presented a plat of the property. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After considera- tion 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 uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7233 on first reading with the additional condition that there be a 14.91' set back from the rear property line. Mayor Bass asked Cecil Jennings, land developer of lots behind the area covered by this zone case, if he had any objections. Mr. Jennings replied that he had none. ORDINANCE NO. 7233 AN ORDINANCE AMENDING ZONING ORDINANCES NO. 5307 AND 6119 OF THE CITY OF LUBBOCK COVER- ING ZONE CASE NO. 1490-C, BY REPEALING THE CONDITIONS MADE A PART OF SUCH ORDINANCES AND ENACTING NEW CONDITIONS COVERING THE SUBJECT PROPERTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE AND PROVIDING FOR PUBLICATION. -35-108-295 NOTICE OF PUBLIC HEARING (17) COMMUNITY DEVELOPMENT PROGRAM On March 29, 1976, a6 11:00 a.m., in the Council Chamber of the Municipal Building, the City Council of the City of Lubbock will hold a public hearing in regard to a proposed amendment of the Community Development Program authorized by Title I of the Housing and Community Develop- ment Act of 1974. Citizens are invited to attent to express their views concerning the follow- ing proposed changes to the list of projects approved for the 1975 Community Development Program: Deletion of street paving for E. 58th St. between Ivory and Magnolia Avenues; Ada ion of street paving for Oak Avenue between E. 50th and E. 55th Streets. In accordance with the above Notice of Public Hearing hearing was held in regard to an amendment to the Community Development Program regarding deletion ofstreet paving for East 58th Street and substituting street paving for Oak Avenue between East 50th Street and 55th Street. Mayor Bass called for interested persons to appear before the City Council. No one came forward; whereupon, Mayor Bass announced that the hearing was closed. 35-108-296 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION 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 condi- tions under which a recipient of Community Development Block Grant Funds may amend its applica- tion 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 approved 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: Street paving on Oak Avenue from East 50th to East 55th Streets; THAT such amendment shall also consist of the deletion from the approved Community Develop- ment Program of the following project: Street paving on East 58th Street from Ivory to Magnolia Avenues; 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 29th day of March, 1976. ATTEST: /s/ Rol Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer El. 11 APPROVED AS TO FORM: MAR 2 9 1976 i 76-35-109-298 The City Council considered authorizing a request to the Bureau of the Census for participation (19) in a "Joint Statistical Agreement" to update the Metropolitan Map Series and Geographical Base file index. 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 authorize this request and instruct the City Staff to submit a letter and application for federal funds in the amount of $4,424 for a draftsman to do this work which will be required for the 1980 Census. The City of Lubbock would be providing an in -kind amount of $5,774 for this project. 176-35-109-299 The City Council considered authorizing joint funding for archaeological excavation in the (20) Canyon Lakes project with the National Park Service. Henry Huneke, Chairman of the Park and Recreation Board, appeared before the City Council and recommended that the City accept funds from the National Park Service, but with the following conditions: 1. A contract must be awarded within 45 days of our notification to proceed. 2. Work must begin in Lake area #1 and be completed before going to Lake area #2 so water can be impounded in the up -stream lake. 3. The contract must stipulate that all field work will be completed within four months of the date of the contract, and after that time the City could impound water. 4. The maximum City participation will be $15,000 (City would also supply in -kind support totaling about $16,120--equipment, housing, etc.). 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 to authorize joint funding for archaeological excavation in the Canyon Lakes Project with the National Park Service, subject to the conditions set out above. 76-35-109-300 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (21) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the extension of the Selective Traffic Enforcement Program (STEP) for three months (July, August and September, 1976) . 76-35-109-301 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 9D-1-12 in the Arnett Benson NDP Urban Renewal Area to Raul Sepeda for a consideration of $1,600 to be redeveloped as a single-family residence. 76-35-109-30) Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor (23) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 16-6 in the Coronado Urban Renewal Area to Bishop W. D. Haynes for a consideration of $750 to add to adjoining existing property. 76-35-109-303 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 to reduce the pav- ing assessments on Lot 9 and Lot 10, Lucille Addition from $1,414.15 to $1,272.73. 76-35-109-3C4 (25) 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 the follow- ing resolution be passed. PI COT_TTTTOM Resolution accepting water and sewer system improvements for Tract A, Sentry Park Addition. WHEREAS, the developer of Tract A, Sentry Park Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improve- ments for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $41,320.21 with the improvements con- structed by Panhandle Construction Company having a value of $38,961.41 as determined by the unit prices established by said Chapter 34, and $2,358.80 cash paid to the City, with Banner Corporation, the developer, to receive a refund of $26,862.84 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 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 by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $26,862.84 be made in accordance with said Chapter 34. i� 3. This resolution shall take effect and be in force from and after its passage. ji PASSED AND APPROVED THIS 29th day of March, 1976. Attested: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary 110 4AR 9 1976 APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 76-35-110-305 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (27) Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RF.Sf1TJTTTf)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 PARTIAL RELEASE OF SEWER LINE EASEMENT, 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 29th 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 /s/ Roy Bass ROY BASS, MAYOR PARTIAL RELEASE OF SEWER LINE EASEMENT THE STATE OF TEXAS I COUNTY OF LUBBOCK WHEREAS, H. D. WOODS as the apparent owner of Lot 6, Block 7, Ellwood Place, an addition to the City of Lubbock, Lubbock County, Texas, along with other area property owners executed in favor of the City of Lubbock, Lubbock County, Texas, a Home Rule Municipality, hereinafter called "CITY" executed a SEWER LINE EASEMENT authorizing the CITY to construct, maintain, and operate a City sewer line across said Lot 6, being a blanket -type Sewer Line Easement allowing said City to cross said Lot 6 at any location; and, WHEREAS, a sewer line was installed pursuant to said Easement, which Easement is recorded in Volume 132, Page 130 of the Deed of Records of Lubbock County, Texas, and said Easement being dated February 27, 1928; and, WHEREAS, the present record owners of said Lot 6 have requested the City of Lubbock to exe- cute a partial release as hereinafter set forth in order that the intention of the parties may be more fully set forth in public records; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT said City, in consideration of the above request and to clarify the public records, does hereby release and relinquish its right to cross said Lot 6 at any location in said Lot 6 as set forth in said Easement above described, and said City of Lubbock only retains the right to construct, maintain and operate the City sewer line in its existing location in, on, upon, under, over, along and across said Lot 6 in its existing location and/or in any alley previously dedicated and is now existing across said Lot 6; it being the intention hereof to release the right of the City to cross said Lot 6 at any location, but to retain the right in the City of said Easement to construct, maintain and operate its existing sewer line pursuant to said Easement and/or in any dedicated or exisiting alley across said Lot 6. THIS release affects only said Lot 6, and releases only the items herein set forth, and any specific right not herein specifically released is hereby in all respects retained by said City. EXECUTED this 29th day of March, 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 76-35-110-306 The City Council considered an ordinance abandoning and closing a portion of Boston Avenue between (28) 34th Street and 35th Street. Rick Morris, owner of the applicance store at Boston and 34th Street, appeared before the City Council and indicated that he has no objections to this closure if he could purchase the area west of the closed portion of Boston. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 7234 on first reading. It was the consensus of the City Council that it is the Councils intent to sell the area west of the closed portion of Boston Avenue to adjacent property owners if it is determined by the City Attorney that it can be done to meet legal re- quirements. ill MAR 2 ORDINANCE NO. 7234 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: THAT PORTION OF BOS- TON AVENUE WHICH LIES BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF 34TH STREET AND THE NORTH RIGHT- OF-WAY LINE OF 35TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-111-307 Motion was made by Councilman West to pass a resolution authorizing the Mayor to execute an (29) Electric Transmission Line License between the Fort Worth and Denver Railway Company and the City of Lubbock. This motion was withdrawn by Councilman West. After further discussion, motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Henry and Campbell voting Yea, Councilwoman Jordan voting Nay that the following resolution be passed. 1:1DWOM NIHAI 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, an ELECTRIC TRANSMISSION LINE LICENSE, wherein the Fort Worth and Denver Railway Company is LICENSOR and said CITY is LICENSEE to cross said Railway's main track and seven side tracks at Mile Post L-359+360' for a consideration of $500.00 to be paid LICENSOR by LICENSEE, attached herwtith 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 29th 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 ELECTRIC TRANSMISSION LINE LICENSE THIS AGREEMENT, Made this 28th day of November, 1975, between FORT WORTH AND DENVER RAILWAY COMPANY,hereinafter called the "COMPANY," part of the first part, and The City of Lubbock, Texas a Texas Home Rule Municipality hereinafter (whether one or more persons or corporations) called the "LICENSEE", party of the second part. Witnesseth: In Consideration of Five Hundred Dollars ($500'.00) initial and only to be paid by the Licensee to the Company upon the execution of this agreement and of the covenants, promises and agreements of the Licensee hereinafter set forth, and of the faithful performance by the Licensee of the same, the Company grants to the Licensee, upon the conditions hereinafter set forth, license and permission to construct, maintain and use an electric transmission line consisting of poles or metal towers supporting 4 wires, 3 phase, 60 cylle, carrying 138,000volts , across or along the right of way or station grounds of the Company at or near the station of Lubbock, Lubbock County, Texas, the location of said transmission line being more particularly described as follows: Said transmission line crosses over Railway Company's main track and seven (7) side tracks in a northeasterly-southwersterly direction at Railway Company's main line Mile Post L-359+360' and being shown upon Print No. S.P. 22-1101/312-6 hereto attached and made a part hereof. For convenience, the said transmission line, with all towers, poles wires and appurtenances thereto, in so far as they relate to said transmission line upon said right of way and station grounds, is hereinafter called the "Transmission line, with all towers, poles, wires and appurtenances thereto, in so far as they relate to said transmission line upon said right of way and station grounds, is hereinafter called the "Transmission Line." In Further Consideration of the foregoing grant, the Licensee covenants and agrees with the Company as follows: 1st. The transmission Line shall be constructed and at all times maintained in strict accordance with current specifications recommended by the Bureau of Standards in its National Electrical Safety Code, and in accordance with the specifications from time to time recommended by the Association of American Railroads for overhead crossings of electric light and power lines, except where by statute or order of competent public authority a different type of construction or a different degree of maintenance is required, in which case construction and maintenance shall be in strick accordance with such statute or order; provided, however, all materials and workmanship employed in the construction and maintenance of the transmission line shall be subject to the approval of the duly authorized representative of the Company; and the Transmission Line shall be so constructed, and at all times so maintained, that all wires thereof, carrying 300 volts or more, shall have a minimum vertical clearance of theirty six (26) feet over the top of all rails of the Company's railroad crossed thereby, anything to the contrary contained in said Code and specifications notwithstanding. Furhter that no transformer shall be installed by the Licensee on said Transmission Line within one hundred (100) feet of the neareast point of the right of way of the Company, except upon written consent of the duly authorized representa- tive of the Company. That the space around the poles of towers of the Transmission Line on or near the Company's property shall be kept free from underbrush, grass and inflammable substance and material by the Licensee. 2nd. It is expressly agreed and understood that when the Licensee undertakes to, at any time, construct or reconstruct, in any manner or way said transmission line over the property 112 MAR 2 9 1976 I' hereinbefore mentioned and described, that before so doing the Licensee will give written notice fortyeitht (48) hours in advance of its intention to so do to the local Freight Agent of the Com- pany nearest to the transmission line. 3rd. That during the construction and while repairing, renewing or changing the transmission line, the Licensee shall conduct the work with care and diligence so that no damage shall occur to the property of the Company, and so that there will be no interference with the operation of the railroad. Licensee will restore the premises of the Company to as good condition as they were before said work was done, all of which shall be at the sole cost and expense of the Licensee. If the Company shall in a particular instance, determine that it is necessary for its own protection against the danger of damage arising during such work, it shall have the right, but shall not be required, to employ watchmen or other means for its protection; and if it shall do so, then the expense thereof shall be paid by the Licensee. 5th. That the Licensee shall at all times indemnify and save harmless the Company (and any tenant compnay maintaining wires along the right of way of the Company. against loss of or demage to property or injury to or death of persons resulting in any manner from the construction, maintenance, use, state of repairor presence of the transmission line upon the Company's premises (except where such loss of or damage to property or such infury to or death of persons is directly caused by the sole negligence of the Company) and shall promptly pay to the Company the full amount of any damages which the Company may sustain, incur or become liable for, and all sums which the Company may pay or be compelled to pay in settlement or satisfaction of any such claims, demans, actions or causes of action; but it is understood and agreed that the Company shall give to the Licensee prompt written notice of any such claim, demand or cause of action presented to it. It is further agreed that the Licensee shall have the right to defend, and it shall be its duty to defend, at its sole cost and expense all suits brought against the Company upon such claims, demands or causes or action resulting as aforesaid; and the Licensee may at its option, settle or compromise any and all such claims, demands or causes of action as it may deem best, taking all acquittances, discharges and releases therefor on behalf of the Company. The Company shall not be liable for any demage to the transmission line howsoever caused. 6th Licensee acepts the provisions of this contract and will occupy the premises of the Company subject to and in recognition of all rights of other licensees occupying the railway pre- mises by agreement of the Company prior to the date of this contract, and will neither do any act nor omit to do any act that will be in violation of the license agreement between the Company and such other licensee. 7th That if Licensee shall at any time intentionally fail or refuse to comply with or carry out any of convenants herein contained, and such failure or refusal shall continue for a period of sixty (60) days after written demand for such performance or compliance shall have been made upon the Licensee by the Company, which written demand shall specify the particulars in which there is such failure or refusal to comply, the Company may, at its election, without further notice, forthwith revoke this license, and in case of such election, or upon any termination hereof the Licensee shall, upon request, forthwith remove the transmission line and restore the Company's premises to the condition in which they were prior to the construction of said transmission line. In case the Licensee shall fail to make such removal or restoration within sixty (60) days the Company may proceed with such work, and the Licensee shall promptly repay to the Company the cost thereof. No waiver by the Company of any default or defaults or the right to terminate this license will be deemed or held to be a waiver of the right to terminate the same for any subsequent default or defaults, but notwithstanding such waiver, the Company may terminate this license on any subsequent default or defaults which may occur; nor shall any termination hereof release the Licensee from any liability or obligation (whether of indemnity or otherwise) which may have attached or accrued previous to or which may be accruing at the time of such termination. 8th. That the Licensee shall at all times, at its own expense, maintain the most effective system and use the best known and most effective methods to protect the lines, wires and service of the Company and of any licensee of the Company whose permission to use the Company's premises antedates the permission herein granted the Licensee, from the interference and physical hazard, and if necessary in order to prevent such interference or hazard, the Licensee shall, at its own expense, transpose its circuits or make such changes in the construction or location of the trans- mission line as may be specified by the Company. 9th. If the Licensee moves or disturbs any of the property of the Company, then said Li- censee agrees to restore said property in as good condition as it was before said property was disturbed by the said Licensee; and it is further expeeesly agreed and understood in this connection that said Licensee agrees to indemnify and save harmless the Company from all injuries and damages caused by the Licensee disturbing, removing or interfering with the property of the Company, and agrees to pay the Company for any and all damages that the said Company may sustain or have to pay, including court costs and attorney's fees, growing out of the moving or interfering with any property of the Company. loth. Any notice to be given by the Company to the Licensee hereunder shall be deemed to be properly served if the same be delivered to any executive officer of the Licensee, or if deposited in the Post Office postpaid, addressed to the Licensee at Lubbock, Texas 79457 llth. In the event the Licensee herein embraces two or more persons or corporations, all the covenants and agreements of the Licensee herein shall be the joint and several covenants and agreements of such persons or corporations. 12th. This agreement shall take effect the date hereof and, unless terminated as above provided, shall continue in force for a period of one (1) year, and thereafter until terminated by either party giving to the other six (6) months' notice in writing, of an intention to terminate the same; and this agreement shall terminate upon the expiration of such notice, and on such termination, all rights and privileges of the Licensee shall absolutely cease, except the right of removal of its property from the premises of the Company. No termination hereof shall affect thr rights and liabilities, if any of the parties then or theretofore accrued under this agreement. 13th. This agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns or heirs, executors and administrators; but the Licensee shall not assign, sublet or lease the premises in question and this contract without the written consent of the Company. In case Licensee does assign, sublet or lease, or attempts to assign, sublet or lease the premises in question and this contract, or if there shall be an assignment by operation of law, without the wirtten consent of the Company, it is expressly agreed and understood that in such event the Company has the option and right to cancel this said license and contract immediately and to require Licensee to vacate said premises. 14th. It is expressly agreed and understood that if any article or provision of this license and contract shall be held void or illegal, that the same shall not be held to invalidate in any manner or way, any other provision or provisions, or article or articles, or parts thereof, of this and said license and contract. 113 4th. If the Railway Company, for itself or on behalf of its lessees or grantees, should at any time or from time to time find it necessary or desirable to make changes in any existing building, track, structure, or overhead or underground installation, or place any additional building, track, structure, or overhead or undergound installation on any premises where said wire line is located the Licensee agrees that it will promptly, at its own cost and expense and without cost or expense to the Railway Company or the Railway Company's Lessees or grantees, upon receipt of written notice from the Railway Company so to do, relocate, change, or adjust said wire Line as requirested or required by the Railway Company. 15. If the operation or maintenance of the transmission line shall at any time cause interference, including but not limited to physical interference, from electromagnetic induction, electrostatic induction, or from stray or other currents, with the facilites of Company or of any lessee or licensee, or in any manner interferes iwth the operation, maintenance or use by Company of its right of way, tracks, structures, pole lines, signal and communication lines, raido or other equipment, devices, other property or appurtenances thereto, Licensee agrees immediately to make such changes in its own lines as shall be necessary to eliminate such interferences. The cost of any protective equipmentt and its installation shall be borne by the Licensee. In Witness Whereof, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: Secretary attest; /s/ Treva Phillips _ Treva Phillipc City Secretary Treasurer Approved as to form /s/ L. Pech FORT WORTH AND DENVER RAILWAY COMPANY By Its Asst. to President CITY OF LUBBOCK, TEXAS /s/ Roy Bass, Mayor Approved as to form: /s/ Fred 0. Senter, Jr., City Attorney 76-35-113-308 The City Council considered an ordinance amending Chapter 5 of the Building Code pertaining to insula (30) Wiliiam R. Anthony, Chairman of the Building Board of Appeals, appeared before the City Council and recommended passage of this ordinance. 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 pass Ordi- nance No. 7235 on first reading. Councilwoman Jordan discussed building code regulations re- garding construction of fire places and asked the Building Board of Appeals to look into this matter. The City Council concurred in this request. ORDINANCE NO. 7235 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE) BY AMENDING SECTION 5-2 THEREOF BY PROVIDING FOR AN AMENDMENT TO SUB-SECTION(h) OF SECTION 2518 OF CHAPTER 25 THEREOF WHICH GOVERNS INSULATION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-113-309 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to call a Special Meeting to be held April 5, 1976 at 10:30 A.M. for the purpose of canvassing returns and de- claring results of the April 3, 1976, General Election, and swearing in of newly elected officials. 76-35-113-310 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (34) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve the official Notice of Sale, Official Bid Forms, and Official Statements in connection with the sale of $4,400,000 Electric Revenue Bonds, April 8, 1976, and authorize these instruments for use in sale of bonds. 76-35-113-311 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 approve Official Notice of Sale, Official Bid Forms, and Official Statements for sale of $1,580,000 General Obliga- tion Bonds and authorize these instruments for use in sale of bonds on April 8, 1976. 76-35-113 -312 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor i (36) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed authorizing Change Order No. 10 concerning restaurant wiring and flooring changes to the Agreement between the City and Page & Wirtz Construction Company covering the construction of the new terminal building at Lubbock Regional Air Terminal. In approving this change order, it is understood that the City Council does not in any way waive the Council's right to take legal recourse if it is determined an error has been made by the architects. R1 .gCtt.TTTT0N 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 NO. 10 concerning restaurant wiring and flooring changes to the AGREEMENT between the CITY OF LUBBOCK and PAGE & WIRTZ CONSTRUCTION covering the construction of the new terminal building at LUBBOCK REGIONAL AIR TERMINAL, 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 29th day of March, 1976. ATTEST: /s/ Rox Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer 14 MAR 9 9 1976 APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney PROJECT: LUBBOCK REGIONAL AIRPORT (name, address) Terminal Building Lubbock, Texas TO (Contractor) Page & Wirtz Const. Co. P.O. Box 10402 Lubbock, Texas (Kitchen/Restaurant Area) ARCHITECT'S PROJECT NO: 3-70-1 CONTRACT FOR: $5,875,487.30 CONTRACT DATE: September 13, 1973 You are directed to make the following changes in this Contract: Modify Restaurant, Kitchen and Food Service Areas in Accordance with Drawings Numbered: P1 Dated Jan. P2 Dated Jan. M1 Dated Jan. M2 Dated Jan. M3 Dated Mar. RC1 Dated Jan. RC2 Dated Jan. 23, 1976 (Main level plbg, plans) 23, 1976 (Apron level plbg. plans) 23, 1976 (Main level Mech. plans) 23, 1976 (Apron level Mech. plans) 11, 1976 (Exhaust hood details) 23, 1976 (Main level reflected c1g. plan) 23, 1976 (Apron level reflected c1g. plan) SEE ATTACHED EXHIBIT "A" TO CHANGE ORDER NUMBER NINE (9) $170,674.00 The original Contract Sum was ------------------------------------- $5,824,978.00 Net change by previous Change 50,509.00 The Contract Sum prior to this Change Order was ------------------- $5,875,487.30 The Contract Sum will be increased by this Change Order ------ $ 170,674.00 The new Contract Sum including this Change Order will be ---------- $6,046,161.30 The Contract Time will be unchanged by -0- Days. The Date of Completion as of the date of this Change Order therefore is unchanged WHITAKER & HALL A/E 2333 50th Street Lubbock, Texas /s/ Yancey L. Jones March 22, 1976 Date of issuance KITCHEN/RESTAURANT - Add'l. MAIN LEVEL PAGE & WIRTZ CONST. CO. P.O. Box 10402 Lubbock, Texas /s/ Franklin P. Bottom March 22, 1976 March 22, 1976 EXHIBIT "A" TO CHANGE ORDER #9 Construction Cost Cerama-gard Clg. Quarry tile floor & base. Cer. Tile Wainscot Tape, bed, epoxy paint Drywall Millwork (vert. wood wall) Gen. Constr. to accomodate plbg. & hvac H.M. door & frame Finish hdwr. Electrical 700 AMP service wiring to equipmt. kitchen lighting metering plumbing Exhaust systems Kitchen/Rest. A/C Plaster Repair Fire Extinguisher (hood) KITCHEN/RESTAURANT - Add'l. Construction Cost con't. APRON LEVEL Quarry tile floor & base Ceramic tile (toilets) Tape, bed, epoxy paint Cerama-gard c1g. Drywall H.M. doors & frames Masonry Finish hdwr. Toilet stalls & accessories Masonry removal Conc. removal & patch Plumbing Hvac Sleeve gas lines Flyfans Electrical CITY OF LUBBOCK Lubbock, Texas /s/ Roy Bass March 29, 1976 CHANGE ORDER NUMBER NINE (9) $ 2,165.00 5,342.00 3,902.00 2,241.00 1,428.00 1,237.00 5,424.00 243.00 137.00 11,278.00 10,789.00 2,664.00 1,406.00 18,191.00 27,279.00 10,189.00 849.00 1,431.00 SUB TOTAL $106,195.00 $12,448.00 998.00 2,857.00 5,801.00 2,777.00 745.00 298.00 233.00 1,378.00 118.00 1,049.00 5,222.00 22,518.00 695.00 1,861.00 5,481.00 SUB TOTAL $64 479.00 TOTAL AMT. $170,674.00 MAR 2 9 197 OR MR +w !176-35-115-313 (37) 76-35-115-314 (38) Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed authorizing Change Order No. 1 concerning sum control above the airline counters to the Agreement between the City and Highland Interiors, Inc., covering the construction of the new terminal building at Lubbock Regional Air Terminal. In approving this change order, it is understood that the City Council does not in any way waive the Council's right to take legal recourse if it is determined an error has been made by the architects. RRI: COTJTTTON 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 NO. 1 concerning sun control above the airline counters to the AGREEMENT between the CITY OF LUBBOCK and HIGHLAND INTERIORS, INC. covering the construction of the new terimal building at LUBBOCK REGIONAL AIR TERMINAL, 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 29th day of March, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Sectetary-Treasurer APPROVED AS TO FORM: /sl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney PROJECT: Lubbock Regional Airport (name, address) Terminal Building, Lubbock, Texas TO (Contractor) /s/ RoX Bass ROY BASS, MAYOR (Blinds, Drapery & Hardware) Highland Interiors, Inc. ARCHITECT'S PROJECT NO: 3-70-1 4015 34th Street CONTRACT FOR: $6,379.72 Lubbock, Texas 79410 CONTRACT DATE: January 27, 1975 You are directed to make the following changes in this Contract: Furnish and install "Levolor" blinds at the interior of the high windows along column line D in bays 3/4, 4/5, and 5/6. Blinds shall be identical in quality, color, and style to those previously installed with the excepion that these blinds shall have "Levolor's" perforated slats. $1,977.33 The original Contract Sum was ------------------------------------ $6,379.72 Net change by previous Change Orders---------_0- The Contract Sum prior to this Change Order was ----------------- $6,379.72 The Contract Sum will increased by this Change Order ------------- $1,977.33 The new Contract Sum including this Change Order will be-----$8,357.05 The Contract Time will be unchanged by -0- Days The Date of Completion as of the date of this Change Order therefore is unchanged WHITAKER & HALL A/E HIGHLAND INTERIORS, INC. CITY OF LUBBOCK 2333 50th Street 4015 34th Street Lubbock, Texas Yancey L. Jones /s/ Roy Bass, Mayor March 22, 1976 March 22, 1976 March 29, 1976 DATE OF ISSUANCE March 22, 1976 CHANGE ORDER NUMBER ONE (1) Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RV gnTJTTTnM 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 NO. 1 concerning graphics to the AGREE- MENT between the CITY OF LUBBOCK and HEATH AND COMPANY covering the construction of the new terminal building at LUBBOCK REGIONAL AIR TERMINAL, 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 29th 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. 11 AR 2 9 1976 PROJECT: Lubbock Regional Airport (Graphics and Signage) (name, address) Terminal Building Lubbock, Texas TO(Contractor) Heath and Company ARCHITECT'S PROJECT NO: 3-70-1 4703 Bengal CONTRACT FOR: $41,923.00 Dallas, Texas 75235 CONTRACT DATE: January 27, 1975 You are directed to make the following changes in this Contract: Furnish and install revised copy on Interior Directional Signs, including removal of necessary copy. Provide three (3) pedestal signs with 24"x36" graphics panels. $1,476.00 The original Contract Sum was ---------------------------------- $41,923.00 Net change by previous Change Orders----------------------$ -0- The Contract Sum prior to this Change Order was --------------- $41,923.00 The Contract Sum will increased by this Change Order ----------- $ 1,476.00 The new Contract Sum including this Change Order will be ------- $43,399.00 The Contract Time will be unchanged by -0- Days The Date of Completion as of the date of this Change Order therefore is unchanged. WHITAKER AND HALL A/E 2333 50th Street Lubbock, Texas /s/ Yancey L. Jones March 22, 1976 DATE OF ISSUANCE March 22, 1976 HEATH AND COMPANY 4703 Bengal Dallas, Texas CITY OF LUBBOCK Lubbock, Texas /s/ Roy Bass, Mayor March 25, 1976 March 29, 1976 CHANGE ORDER NUMBER ONE (1) 76-35-116-315 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to approve contracts with Braniff International, Continental Airlines and Texas International Airlines. See contracts on file in the Office of the City Secretary. 76-35-116-316 Motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor (40) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. P'P Cl1T.7TPTn?,T 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 FIXED BASE OPERATORS AGREEMENT between the CITY OF LUBBOCK and WES-TEX AVIATION, INC., or renewal and extension of a LEASE at LUBBOCK REGIONAL AIR TERMINAL, 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 29th day of March, 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 See Agreement on file in the Office of the City Secretary. 76-35-116-317 The City Council considered the requests of Jerry Nislar and Frank Gray Farms to burn lots within (41 the City of Lubbock. After consideration of all information presented, motion was made by Council- & man Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, 55) Henry and Campbell voting Yea, none voting Nay to approve these requests subject to the follow- ing conditions: I. Permission for this burning being obtained from the State Air Pollution Agency. 2. Date and time of burning approved by the Fire Chief. 76-35-116-318 The City Council briefly discussed a fuel cost pass through for Pioneer Natural Gas Company. (42) Joe Price, District Manager of Pioneer Natural Gas Company, appeared stating his company received 70% pass through from purchase of gas at the wellhead. No action was taken on this item. 76-35-116-319 The City Council considered the claim of Theodore Gentry in the amount of $60.00 for money alleged- (43) ly lost in his arrest. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to deny this claim. 76-35-116-320 The City Council considred the claim of Philip M. VanAuken, Mary Alice Holt and Commercial Union (43a) Assurance Companies for damages arising from a residence fire at 3506 39th Street. After con- sideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilman West, Jordan, Henry and Campbell voting Yea, none voting Nay to deny these claims. 1E r r MAR 2 9 197f I' 76-35-117-321 The City Council considered the claim of The Heath Furniture Company in the amount of $603.74 (43b) for damage to a delivery turck which was struck by a City tractor with a front-end loader at the Sanitary Landfill. After consideration of all information presented, motion was made by Council-- ' woman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pay this claim in the amount of $603.74. !176-35-117-322 (43c) 76-35-117-323 (44) 76-35-117-324 (45) 76-35-117-325 (46) 76-35-177-326 (47) 76-35-177-327 (48) 76-35-117-328 (49) 76-35-117-329 (50) The City Council considered the claim of Lester Kinnibrugh in the amount of $1,139.74 for auto damage, towing and storing and loss of use of auto. Paula Kinnibrugh appeared before the City Council representing her father, the claimant, and related the incident that took place on January 26, 1976 in which damages to his automobile were incurred. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Henry and Campbell voting Yea, Councilwoman Jordan voting Nay to deny this claim. The following bids were received for the purchase of miscellaneous fire equipment for the Fire Department, being Bid No. 3783. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Daco Fire Equipment Company for the purchase of Items 1, 2, 3, 5, 6, 7, and 8; accept the bid of Halprin Supply Company, Los Angeles, for the purchase of Item 4; accept the bid of Fire Appliance Company of Texas, Wichita Falls, for the purchase of Item 9; accept the Bid of I.N.S. Darley and Company, Melrose Park, III., for the purchase of Item 10. The following bids were received for the modification of brush trucks, installing hoist and pumps, for the Sanitation Department, being Bid No. 3792. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- man Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Action Trailer and Equipment for modification of brush trucks and beds for the Sanitation Department. The following bids were received for the purchase of miscellaneous water items for warehouse stock, being Bid No. 3802. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- man Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Clowe & Cowan, Inc., for the purchase of Items 1, 2, 3, 4, 5, 6, 7, 12 and 13; accept the bid of M. B. McKee Company for the purchase of Items 10, 11, 14, and 15. The following bids were received for the purchase of miscellaneous electric items for warehouse stock, being Bid No. 3806. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- man Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Graybar Electric Supply, Amarillo, for the purchase of Item 1; accept the bid of Fields & Company for the purchase of Items 5, 10 and 12; accept the bid of T1emple, Inc., for the purchase of Items 6, 7 and 8; accept the bid of Westinghouse Electric Supply for the purchase of Items 9 and 11. The following bids were received for an airswitch and steel structure for substation for Electric Distribution, being Bid No. 3782. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- man Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Dis-Tran Products, Griffin, Ga., for airswitch and steel structure for Electric Distribution. The following bids were received for the purchase of ferric sulfate for the Water Treatment Plant, being Bid No. 3785. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- man Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Riverside Chemical Company, Plainview, for the purchase of ferric sulfate for the Water Treatment Plant. The following bids were received for the purchase of six economy pickups for the Park Department, being Bid No. 3778. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- man Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, 11 AR 2 9 1976 none voting Nay to accept the bid of Pollard Friendly Ford for the purchase of six pickups for the Park Department. 76-35-118--330 The following bids were received for the purchase of personal protection vests for the Police (51) Department, being Bid No. 3814. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- man Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Michigan Fire Rescue Corporation, Mt. Clemens, Michigan, for the purchase of personal protection vests for the Police Department. 76-35-118-331 The following bids were received for precast concrete vaults for Electric Distribution, being (52) Bid No. 3793. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Utility Vault Company, Chandley, Arizona, for precast concrete manholes for Electric Distrubution. 76-35-118-332 The following bids were received for construction of firearms range for the Police Department, (53) being Bid No. 3748. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- man Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to reject all bids and authorize the Parks Department to construct this firing range with assistance from Public Works Department, within the available funds. 76-35-118-333 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (54) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the General Election of the City of Lubbock is scheduled for April 3, 1976; and WHEREAS, the Election on this date will select representatives of the people of Lubbock to serve as Mayor and Councilmen Places 2 and 4; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby urges all qualified voters of the City of Lubbock to vote on April 3rd and to get their friends and neighbors to go to the polls and vote as this Election will select their Mayor and Council members for the critical years ahead. Passed by the City Council this 29th day of March, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPRROVED AS TO FORM: /s/ Fred 0 Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR 6-35-118-334 The City Council considered the request of Owen Gray to raise funds for flag pole and lights (56) to be located on a public site. Vaughn Henrie, Public Information Officer, appeared before the City Council and presented the request. Mr. Hendrie explained Mr. Gray's proposal for a 100' flag pole with a 20' x 40' flag. After discussion of possible sites, no action was taken on this item. 6�35-118-335 The City Council considered a resolution approving the following changes in local Civil Service (31) rules concerning entrance requirements for fire fighters: 1. Lowing of the minimum age from 21 to 18. 2. Elimination of height and weight requirements. Joe Minkley, Director of Personnel, Glen Goldwater, President of the Fire Fighters Association, and Tom Foster, Fire Chief, appeared before the City Council in regard to this item. After con- sideration of all information presented, motion was made by Councilman Henry, seconded by Council- man Campbell motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the following resolution be passed. 11 I. I 11 MAN 2 9 1c RESOLUTION WHEREAS, the LUBBOCK CIVIL SERVICE COMMISSION has reviewed and approved certain changes in the entrance requirements for applicants as Firemen in the CITY OF LUBBOCK: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the changes in entrance requirements for applicants as Firemen in the CITY OF LUBBOCK, BE and are hereby approved. Passed by the City Council this 29th 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 /s/ Roy Bass ROY BASS, MAYOR 76-35-119-336 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (32) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RP, QM TTTTONT 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 PRE -APPLICATION FORM requesting that the CITY OF LUBBOCK be designated a PRIME SPONSOR under the COMPREHENSIVE EMPLOYMENT AND TRAINING ACT for the purpose of forming a REGIONAL MANPOWER CONSORTIUM, 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 29th 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 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting, March 29,1976. ATTEST: Treva Phillips, City Secr,4tary--Treasurer READ AND APPROVED THIS THE 22nd day of April ATTEST: Treva Phillips, City Se etary-Treasurer RO*RA98F MAYOR 1 ROY BASS, MAYOR