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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/13/1976.62 mAY ' 1 1976 REGULAR CITY COUNCIL MEETING MAY 13, 1976 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at i City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Council- man Bill McAlister, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None t76-35-162-440 The invocation was given by Al Couch, Director of Public Services. (1) -76-35-162-441 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) ;'76-35-162-442 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (3) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meetings held April 21 and April 22, 1976; Special Meetings held April 29. May 5 and May 7, 1976, as corrected. At this point, 9:50 A.M., James G. Marshall came to the podium. Mayor Bass pointed out to Mr. Marshall J that he was not on the agenda. Mr. Marshall stated he was here for location on the agenda under Citizen Appearances. Mayor Bass restated he was not on the agenda and was out of order. Mr. Marshall asked for a report under Article 1113 of the Vernon's Annotated Statutes; it was again stated by Mayor Bass that he was out of order. Mayor Bass declared a five minute recess. The City Council reconvened at 9:55 A.M. Mr. Marshall again asked for a report and was again told he was out of order. Upon his refusal to yield the floor, Mayor Bass requested Lt. Smallwood to escort Mr. Marshall from the room; whereupon, Lt. Smallwood and Police Chief Alley escorted him from the Council Chamber. Mayor Bass stated Mr. Marshall has a law suit pending with the City and the information which he needs can be obtained from the City Attorney or the City Clerk in the usual procedure. -76-35-162-443 The City Council considered passage of an emergency measure ordinance authorizing the issuance (52) of $4,400,000 City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 1976. (Ordinance being passed now so that its form and sufficiency may be tested and validated in Declaratory Judgement proceedings under Vernon's Annotated Civil Statutes, Art. 717m). City Attorney Fred 0. Senter, Jr., read the ordinance into the record. After consideration of all in- formation presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7250 as an emergency measure. ORDINANCE NO. 7250 AN ORDINANCE by the City Council of the City of Lubbock, Texas, authorizing the issuance of $4,400,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1976," dated April 15, 1976, for the purpose of extending or improving, or both, the City's Electric Light and Power System, as authorized by the General Laws of the State of Texas, particularly Article 1111, et seq., V.A.T.C.S.; prescribing the form of the bonds and the form of the interest coupons; pledging the net revenues of the City's Electric Light and Power System to the payment of the principal of and interest on said bonds; and enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergency. 76-35-162-444 The City Council considered a resolution designating and approving Notice of Sale forms and in- (53 formation which will be subsequently executed under City of Lubbock, Texas, Electric Light and & Power System Revenue Bonds, Series 1976. (Execution to follow judical validation of the bond 54) issue). City Attorney Fred 0. Senter, Jr., read the resolution into the record. After considera- tion of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RF.Rf1T.TTTTf1N A RESOLUTION by the City Council of the City of Lubbock, Texas relating to procedures to be followed in the sale of $4,400,000 City of Lubbock, Texas, Electric Light And Power System Revenue Bonds, Series 1976; resolving other matters incident and related to the purpose, including the filing of an action under the provisions of Article 717m, V.A.T.C.S. WHEREAS, this City Council has heretofore authorized the issuance, publication and distribution of a notice of its intention to sell $4,400,000 City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 1976, and established April 8, 1976, as the date that bids would be received on the sale of such bonds; and WHEREAS, after the time this Council approved the sale of the bonds and prior to the time established for such sale of bonds, two separate actions or lawsuits were filed in the District Court of Lubbock County; and WHEREAS, the pendency of such suits, even though in the opinion of this Council and its counsel the same are without merit, would have adversely affected the proposals which might have been submitted for such bonds in that the City would not be in position to execute a certificate to the effect that no litigation was pending and accordingly cancelled the scheduled sale; and WHEREAS, this City Council has determined and does hereby determine that: (1) It should proceed with the authorization of bonds to be known as "City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 1976" and (2) It should prescribe the form of notice to be published in accordance with Article VIII Section 5 of the City Charter and the form of notice of sale to be distributed to proposed bidders, and 163 MAY 1976 (3) It should institute an action under Article 717m, V.A.T.C.S. in order that all matters may be disposed of; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1: That the recitals and determinations made in the preamble hereof are found to be true and are adopted as the findings of this governing body. Section 2: That the City Attorney is directed to institute and file all appropriate action, under the provisions of Article 717m, V.A.T.C.S. to approve and validate the bonds now sought to be issued and obtain appropriate relief against the institution of further suits which would or might prevent the carrying out of the wishes of the electorate, all in the manner provided by said law. Section 3: That this Council proposes to issue and approve a notice of sale, which except for the date and time of sale, shall be in substantially the following form: See Original Resolution. That such notice is the format of the notice which the City proposes to use in meeting the requirement of Article VIII Section 5 of the City Charter, in that such notice would be published (after being completed) once a week for four consecutive weeks in the Lubbock Avalanche Journal, a newspaper of general circulation in and published in the City of Lubbock. That the date and time to be set in such notice for the receipt of bids would be not less than 30 days following the date of the first publicatioq; that the time of date established for the sale shall be between the hours of 9 A.M. and 4 P.M.; that the City Council proposes to convene in open session, after notice thereof has been given in compliance with Article 6252-17, V.A.T.C.S. for the purpose of opening and considering bids or proposals for the purchase of such bonds. That additionally this Council proposes to approve and cause to be distributed an official Statement and Notice of Sale in substantially the following form;: See Original Resolution. That the said documents shall be distributed to investment bankers and others who would normally submit proposals for the purchase of bonds of the kind and character to be offered for sale and the City proposes to cause such distribution to be made. Section 4: The notices herein set forth are hereby approved as to form, but nothing herein shall prohibit the amendment to such notices of sale as would permit the bidders on such bonds to establish an interest rate or rates that such bonds are to bear, in which event the official notice of sale would be amended, as to the caption shown, in the following respects: Type of Bids and Interest Rates... The bonds will be sold in one block, all or none, and no bid of less than par and accrued interest will be considered. Bidders must specify the rate or rates of interest the bonds will bear, but no coupon rate in excess of 10% will be acceptable. Coupon rates may be in multiples of 1/8 of 1% or 1/20 of 1%. The spread between the highest interest rate bid and the lowest interest rate bid shall not exceed 2 Within a single maturity there shall be no graduating or declining coupons or split rates, and no supplemental or zero coupons will be considered. All bids must be submitted on the official Bid Form, without alteration or interlineation. Basis for Award ... For the purpose of awarding the bonds, the interest cost of each bid will be computed by determining, at the rate or rates specified therein, the total dollar value of all interest on the bonds from the date thereof to their respective maturities, and de- ducting therefrom the premium bid, if any. The bonds will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City. In the event of an error in interest cost calculations, the interest rates set forth in the official Bid Form will be considered as the correct bid. with the bid form and page 1 of the official Statement changed to conform. That in the event the City subsequently elects to so proceed, with the approval of the Court, the form of amendatory ordinance, and minutes pertaining thereto, which the City would subsequently adopt and now proposes to adopt would be in substantially the following form: See ry ariginal Resolution. provided that it shall be demonstrated that: (1) The average annual debt service requirements of all bonds similarly secured, including the Series 1976 bonds, shall not exceed $1,625,000. (2) The maximum annual principal and interest requirement of all bonds similarly secured, including the Series 1976 bonds, shall not exceed $2,815,471. That in the event bids are to be received upon the basis of all bonds bearing interest at 6 1/4% (with a premium or discount allowed) then Section 2 of the aforementioned ordinance, which awards the sale of the bonds, is proposed to be adopted by this governing body. Passed by the City Council this 13th day of May, 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 MAY 13 1976 76-35-164-445 Bill Evans of the firm of Cresap, McCormick and Paget, Inc., appeared before the City Council and (11) presented a report on the Comprehensive Mangement Police Study for the Lubbock Police Department. Mr. Evans handed out copies of the report to the City Council and answered their questions con- cerning its contents. No action was taken. See Copy of Report on File in the Office of the City Secretary. 76-35-164-446 Mr. Jackie Mize appeared before the City Council and discussed the proposed closing of the south (13) 15 feet of Lot 15, Caver Subdivision. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Council- men West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize an Alley Use License, as recommended by the City Staff, with full rights to fence the property until such time as the alley may be needed to provide access to the parcel of property that would have no other street or alley frontage, and that the following resolution be passed authorizing said Alley Use License. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubobck 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 JACKIE MIZE, 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 13th day of May, 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 ALLEY USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I /s/ Roy Bass ROY BASS, MAYOR This indenture made this 13th day of May, 1976, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and JACKIE MIZE, of Lubbock County, 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 a portion of public alley for business purposes so long as such purpose complies with the zoning ordinance of the City of Lubbock in all respects, and said portion of alley may be fenced so long as it is not needed for access or other lawful alley uses as regards adjacent property in and upon the following described portion of dedicated public alley, to -wit: A portion of the East - West alley in Block 8, Caver Subdivision to the City of Lubbock, Lubbock County, Texas, said portion being described as follows: BEGINNING at the Northeast corner of Lot 14, Block 8, Caver Subdivision; THENCE North a distance of 15.00 feet to a point; THENCE West a distance of 79.35 feet to a point; THENCE South a distance of 15.00 feet to a point; THENCE East a distance of 79.35 feet to the 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 LICENSEE at 2014-4th Street, 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 con- dition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuse to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter pos- session, 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 N0/100 ($200) DOLLARS payable in advance contemporaneously with the execution and acceptance of the License 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. 165 { " 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the re-routing or re-alingment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchis- ed utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such re -locating or re -locating or re-routing over and above the expense which should 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 construc- tion 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 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 main- tenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfacotry 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 reason- able 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 satisfacotry 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. S. 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 the 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 numbered Paragraph 5 above. 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. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this 13th day of May, 1976. APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney APPROVED: /s/ Milford D. Watson Wilford D. Watson, City Engineer. CITY OF LUBBOCK /s/ Roy BASS ROY BASS, MAYOR LICENSEE: /s/ Jackie Mize '6-35-165-447 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Kay to pass Ordinance No. 7247 on second and final reading. ORDINANCE NO. 7247 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 $8,000.00 For the following purpose: To Purchase foundation, earth work, and retaining dike for 1,000,000 Gallon fuel oil tank. if MAY 13 1976 76-35-166-448 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (16) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7248 on second and final reading. ORDINANCE NO. 7248 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: Canyon Lakes Project The sum $89,768.00 For the following purpose: Payment of Engineering Plans and Specifications, and General Representa- tion During Construction on the Water Supply System in the Canyon Lakes Project. 76-35-166-449 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (17) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7249 on second and final reading. ORDINANCE NO. 7249 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: WATER CAPITAL IMPROVEMENT FUND The sum $600,973.00 For the following purpose: Construction of Water Supply System for Canyon Lakes Project. 76-35-166-450 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7240 on second and final reading. ORDINANCE NO. 7240 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. 1797-A: CHANGE LOTS 17, 18, 19 AND WEST 5.00 FEET OF LOT 20, BLOCK 1, D.C. ROSS ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A R-1 AND AN A-2 SPECIFIC USE TO AN AM ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-166-451 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7241 on second and final reading. ORDINANCE NO. 7241 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. 2074: CHANGE LOTS 11 AND 12, BLOCK 126, OVER - TON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-2 ZONING DISTRICT; AND PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-166-452 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7242 on second and final reading. ORDINANCE NO. 7242 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-A: CHANGE LOTS 222-268 FROM A R-1 TO A R-2, AND TRACT "B" FROM A R-1 TO AN A-1 OF SEWELL ADDITION, CITY OF LUBBOCK ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-166-453 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7243 on second and final reading. ORDINANCE NO. 7243 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. 2076: CHANGE LOTS 1 AND 2 OF THE COLLEGE AVENUE CO-OP ADDITION FROM A R-1 TO AN A-1, C-2, AND C-3 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 167 --- -- - - --MAY-1 . 76-35-167-454 Mn.tion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7244 on second and final reading. ORDINANCE NO. 7244 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. 1542-A; CHANGE EAST 168.47 FEET OF TRACT "F", SOUTH PARK ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM TO C-2A ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-167-455 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (23) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7245 on second and final reading. ORDINANCE NO. 7245 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. 2077: CHANGE THE FOLLOWING TRACTS OF LAND OUT OF THE ROBERTS AND MCWHORTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM A R-3 TO A R-1 ZONING DISTRICT: LOTS BLOCKS & SUBDIVISIONS 1-7 & 18-24 Block Perkins Subdivision of Block 17-21 1-24 Block 2 Perkins Subdivision of Block 17-21 1-24 Block 3 Perkins Subdivision of Block 17-21 1-7 & 17-24 Block 4 Perkins Subdivision of Block 17-21 1-12 Block 2 Chapman Subdivision of Block 22 All South 1/2 of Block 23 1-24 Block 24 Bledsoe Subdivision 1-24 Block 25 Courtney Subdivision 1-24 Block 26 J. R. Richey Subdivision 1-24 Block 27 Roos Subdivision 13-16 Block 38 Easley Subdivision 7-30 Block 39 Easley Subdivision 1-12 & 15-24 Block 40 Austin Subdivision 1-24 Harder Subdivision of Block 41 1-24 Harder Subdivision of Block 42 1-12 & 15-24 Harder Subdivision of Block 43 1-24 Blake Subdivision of Block 44 1-24 Blake Subdivision of Block 45 1-3 Block 3 Livermore Subdivision of Block 52 1-9 Block 1 Livermore Subdivision of Block 5 1-24 Block 2 Kurthwood Subdivision of Block 100 1-12 Block 1 Kurthwood Subdivision of Block 100 PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-167-456 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7246 on second and final reading. ORDINANCE NO. 7246 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN RAINTREE ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 76-35-167-457 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (25) Bass, Councilmen West, Jordan, Henry and McAlister 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 Quit Claim Deed in favor of Charles W. Brewer, 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 13th day of May, 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 MAY ' 3 197& THE STATE OF TEXAS COUNTY OF LUBBOCK I I QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Charles W. Brewer, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM 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, des- cribed as follows, to -wit: The West 2.00 feet of Lot 308, Raintree Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and as- signs forever, so that neither the Grantor, City of Lubbock, its successors, assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 13th day of May, 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 76-35-168-458 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (26) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the FY 76-77- 701 application for a Federal Grant. Jim Bertram, Director of Planning, appeared before the Council and explained this application. 76-35-168-459 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (27) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RT: QnT TTTTrIM A RESOLUTION BY THE CITY OF LUBBOCK AUTHORIZING THE MAYOR TO NEGOTIATE WITH THE DEPARTMENT OF HOUSEING AND URBAN DEVELOPMENT FOR FINANCIAL ASSISTANCE. WHEREAS, the City of Lubbock is desirous of obtaining financial assistance provided by Sec- tion 70, of the Housing Act of 1954, as amended; and, WHEREAS, an Annual Work Program for the period beginning July 1, 1976 and ending June 30, 1977, is being submitted to the Department of Housing and Urban Development by the City of Lubbock; and, WHEREAS, this application requests a planning grant of $41,500; 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: 1. To file the application for and in behalf of the City of Lubbock; 2. To provide such additional information and documents as may be required. Passed by the City Council this 13th day of May, 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 76-35-168-460 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass (28) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting May that the following re- solution be passed. DrCAT TT'PTATT A RESOLUTION AUTHORIZING THE DIRECTOR OF PLANNING TO ACT AS AUTHORIZED REPRESENTATIVE IN CONNECTION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ASSISTANCE PROGRAM (SECTION 701). WHEREAS, the City Council of the City of Lubbock has heretofore requested a planning grant under terms of Section 701 of the Housing Act of 1954, as amended; and, WHEREAS, an Annual Work Program for the period beginning July 1, 1976 and ending June 30, 169 MAY 13 -1916` 1977, is being submitted to the Department of Housing and Urban Development by the City of Lubbock, in connection with such request; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Planning BE and is hereby authorized to act as representative for and on behalf of the Mayor of the City of Lubbock in connection with all matters pertaining to the application and any grant agreement that may be executed pursuant to the application. Passed by the City Council this 13th day of May, 1976. ATTEST: /s/ Treva Phillips Treva Phillips,zCity Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR 76-35-169-461 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7251 on first reading. ORDINANCE NO. 7251 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: Canyon Lakes Fund 2,750 HUD Funds the Sum $2,750 Canyon Lakes Bond Funds 5,500 Total For the following purpose: Construction, parts and engineering on historical bridge in Canyon Lakes Project. 76-35-169-462 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7252 on first reading. ORDINANCE NO. 7252 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: Canyon Lakes Fund The sum $1,000 For the following purpose: Beta Sigma. Phi Landscaping Project in the Canyon Lakes Project. 76-35-169-463 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (31) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the selection of the firm of Henningson, Durham and Richardson as the consulting firm to conduct a transit study for the City of Lubbock, subject to concurrence by UMTA. 76-35-169-464 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (32) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an Agreement between the CITY OF LUBBOCK and HENNINGSON, DURHAM & RICHARDSON, INC. OF TEXAS coverning a Mass Transit Technical Study Contract, 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 13th day of May, 1976. -WAY 1 ATTEST: /s/ Treva Phillips_ _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Copy_ of Contract is set in on pa&e 170a. /s/ Roy Bass ROY BASS, MAYOR 76-35-170-465 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (33) Councilman West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7253 on first reading. ORDINANCE NO. 7253 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF 58TH STREET, 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 FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. 76-35-170-466 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (34) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. R E S O L U T I O N 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 FUNDING AGREEMENT between the CITY OF LUBBOCK and the URBAN RENEWAL AGENCY, attached herewith which shall be spread upon She 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 13th day of May, 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 76-35-170-467 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (35) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 41-9 in the Coronado Urban Renewal Area to Allison & Stephens, Inc., for a consideration of $9,000 to be redeveloped as a convenience store. 76-35-170-468 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (36) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARA- TION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT: I. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: NAME E-W Alley bet. 14th & 15th E-W Alley bet. 48th & 50th E-W Alley bet. 2nd Pl. & 3rd St. N-S Alley bet. Clinton & Dover N-S Alley bet. Ave. J & Ave. K Englewood Ave. (36' & 42') 79th Street (36') E/2 of Elgin Ave. (42') Locust Ave. (52') S. University Ave. (86') 82nd St. (86') 50th & Indiana Ave. ALLEY (10' WIDE) FROM TO Raleigh Ave. Quaker Ave. York Ave. Slide Road Indiana Ave. Hartford Ave. 80th St. 82nd St 6th St. 7th St. STREETS 46th St. 50th St. Boston Ave. Elgin Ave. 78th St. 79th St. 34th St. 36th St. 82nd St. 98th St. University Ave. Elgin Ave. Intersection Flaring .,1'71 r : V6 II. Said portions of streets, highways and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with four (4) course penetra- tion type or 1-3/4" hot mix type asphaltic surface treatment. Alleys shall be improved by instal- ling a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improve- ments. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed 90% of the cost of the improvements plus the cost of the curb and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special bene- fits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. ALLEY IMPROVEMENTS (c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property which has single family or two (2) family residential usage on both sides of the alley to be improved shall be assessed for fifty (50) percent of the cost of such improvements. Vacant property zoned for two (2) family residential purposes shall be assessed for fifty (50) percent of the cost of such improvements. Property which has commercial or semi -commercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90%) of the cost of such improvements. Where there is commercial or semi -commercial usage or zoning on one side of an alley, the single family residential usage and zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enchancement value thereof by means of such improvements will not agregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutt- ing property and the owners thereof, a lesser amount not to exceed the benefits. (d) The remain- ing cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereby, and against abutting property and the owners there- of under sub -paragraph (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners there- of shall be payable in five (5) equal installations. The first of which shall become due to or before 20 days after completion and acceptance of the improvements in the unit on which the pro- perty abutts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improve- ments in the unit upon which the property abutts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street improvements and seven percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of an installment promptly as the same matures: Then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter and amendments thereto, imow in force in this City, and in accordance with the provisions of Article 1105B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and mots recent amended by Chapter 176 Acts of the 60th Legislature. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF MAY, 1976. 1'72 MAC 13 1976 ATTEST: /s/ Treva Phillips _ _ Treva Phillips, City Secretary --Treasurer APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Rohr Bass ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 76-35-172-469 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (37) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. PRGlI ETTON 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 sign the cover sheet of Texas Highway Department Plans for the widening for Quirt Avenue from North Loop 289 to Airport Entrance Road, 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 13th day of May, 1976. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter,Jr. Fred o. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR 76-35-172-470 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (38) Councilmen West, Jordan, Henry and McAlister 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 Change Order No. 1 to a GENERAL WORK ORDER No. 7510 for an extension of time on the 1976 Community Development Project, 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 Resslution as if fully copied herein in detail. Passed by the City Council this 13th day of May, 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 CHANGE ORDER NO. 1 1975 Community Development Paving Program, Phase I CDWO 7510 TO: Lubbock Asphalt Products, Inc. 2836 Clovis Road P.O. Box 5336 Lubbock, Texas 79417 Gentlemen: WHEREAS, it is desirable to make changes in the plans and specifications for this project, being namely a change in the proposed completion date to June 18, 1976. Original Amount of Contract Increased by Change Order No. 1 Total Amount of Contract $359,970.00 -0- $359,970.00 Completion for this contract was May 1, 1976. Additional time is added by this Change Order to extend the Completion date of June 18, 1976. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein; and the Contractor agrees to proceed with con- struction and to adhere to applicable specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated, including one (1) attachment. 1'73 MAY 13 1976 IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 13th day of May, 1976. LUBBOCK ASPHALT PRODUCTS, INC. ( Contracto") /s/ Walter V. Jarnagin Title President Lubbock Asphalt Products, Inc. CITY OF LUBBOCK (Owner) /s/ Roy Bass, Mayor ATTEST /s/ Treva Phillips, City Secretary RECOMMENDED FOR APPROVAL /s/ Wilford D. Watson, City Engineer /s/ N. B. McCullough, City Manager 76-35-173-471 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. DPCOT TTTTONT Resolution accepting water and sewer system improvements for Lots 289 thru 464 & Tract "C", Potomac Park Addition. WHEREAS, the developer of Lots 289 thru 464 & Tract "C", Potomac Park Addition have complied with the provision 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 $94,692.48 with the improvements construct- ed by Holloway Contracting Co. having a value of $82,426.28 as determined by the unit prices exblished by said Chapter 34, and $12,266.20 cash paid to the City, with Briercroft Savings and Loan Association, the developer, to receive a refund of $1471.97 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 $1,471.97 be made in accordance with said Chap- ter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF MAY, 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 76-35-173-472 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (40) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7254 on first reading. ORDINANCE NO. 7254 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 34-52 THEREOF PROVIDING FOR PRO-RATA CHARGES FOR WATER AND/OR SEWER SERVICE; AMENDING SECTION 34-65 PROVIDING FOR UNIT PRICES USED IN CALCULATING COSTS OF EXTENSIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION. 76-35-173-473 Tom Purdom appeared before the City Council requesting the sale of 9,471 cubic yards of fill (41) material to the Elgin Avenue Baptist Church. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize this sale of fill material at 25�. per cubic yard for that used below high water and 100 per cubic yard for that used above high water and that the approved cut and fill plan be followed. 76-35-173-474 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (42) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed, subject to approval by the Bureau of Outdoor Recreation. DPQr)T TTTTOKI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SUBJECT to prior approval by the Bureau of Outdoor Recreation of the United States Government +� in the premises, the Mayor of the City of Lubbock is hereby authorized to execute for and on behalf of said City, an Access Road passage permit in favor of LA FIESTA BROADCASTING COMPANY, INC. to connect Block 8, Hillside Addition No. 2 to Canyon Drive in the City of Lubbock, Lubbock County, k 174 3.1976 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 13th day of May, 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 ACCESS ROAD PASSAGE PERMIT THE STATE OF TEXAS I COUNTY OF LUBBOCK I The City of Lubbock, Texas, herein called "CITY" issues this permit in favor of LA FIESTA BROADCASTING COMPANY, INC., herein called PERMITTEE, as follows: For and in consideration of the general public interest in providing access to a radio station operated by the PERMITTEE herein, do hereby permit unto the PERMITTEE, its agents, ser- vants, employees, officials, customers and/or invitees, an Access Roadway for passage of persons and vehicles for ordinary business purposes in, upon, along and across the following described tract of land, located in the City of Lubbock, Lubbock County, Texas to --wit: An Access Road connecting Block 8, Hillside Addition No. 2 to Canyon Drive which is a portion of City of Lubbock property, being more particularly described as follows: BEGINNING at a point 70.0 feet South of the point of intersection of the North Right -of -Way line of Marshall Street and of the West Right -of -Way line of Boston Avenue, said point of intersection being the Southwest corner of Block 7, Hillside Addition No. 2; THENCE North 59051'00" East, a distance of 19.85 feet, to a point on a 447.03 feet radius curve whose radius point bears North 81°02'30" East; THENCE around said curve in the Southeasterly direction for a distance of 58.1 feet to a point; THENCE South 59°51'00" West for a distance of 278.28 feet to a point; THENCE West 3.00 feet to a point; THENCE North 65.00 feet to a point; THENCE East 3.00 feet to a point; THENCE North 59°51'00" East, a distance of 238.83 feet, to the POINT OF BEGINNING. PERMITTEE herein by its acceptance of this permit and use of same for the purposes herein contemplated agrees to keep and maintain the surface of said roadway in a safe and usable condition. CITY reserves unto itself ingress, egress, and regress in and to said roadway for any and all necessary purposes related to its ownership of adjacent and abutting property to said roadway, and CITY makes like reservation for any person, firm, and/or corporation or agency of government by, through, or with whom CITY is accomplishing any lawful municipal purpose or activity permitted by law. This permit may be cancelled at any time by CITY upon thirty (30) days written notice to PERMITTEE by certified or registered U.S. Mail addressed to said PERMITTEE at P.O. Box 6386, Austin, Texas 78762 or the PERMITTEE'S last known address. This permit shall in no wise be con- strued as creating a public road, street, or highway, and is in no wise to be construed as a con- veyance of a title or interest in real estate but merely as a permit for passage as above set forth subject to cancellation by CITY as aforesaid. WITNESS MY HAND at Lubbock, Texas this 13th day of May, 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 ACCEPTED BY PERMITTEE: LA FIESTA BROADCASTING COMPANY, INC. /s/ John A. Flanche, President 76-35-174-475 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (43) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. 1'75 :1MAY1 1916 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 Alley Use License in favor of National Pump Company Inc., a Texas 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 13th day of May, 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 ALLEY USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK I This indenture made this 13th day of May, 1976, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and National Pump Company, Inc., a Texas Corporation, acting through its undersigned officers hereunto duly authorized, of Lubbock County, 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 con- struct and maintain a one (1) inch steel air line pipe which shall be buried at least thirty-six (36) inches below the surface of the ground, in, upon, under, along, and across the following described portion of the north -south dedicated public alley between Lots 24 and 25, Stanton's Industrial Addition to the City of Lubbock, Lubbock County, Texas, to -wit: BEGINNING at a point 75.00 feet North of the Southeast corner of Lot 25, Stanton's Industrial Addition; THENCE East a distance of 45.00 feet; THENCE South a distance of 5.00 feet; THENCE West a distance of 45.00 feet; THENCE North a distance of 5.00 feet to the 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 LICENSEE at P.O. Box 5547, Lubbock, Texas, 79417. 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 refused 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 N0/100 (200.00) DOLLARS payable in advance contemporaneous with the acceptance and execution of this License 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, for its expense of such re -location 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. i 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 I: 176 RAVY 13 1976 herein comtemplated 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, deman, 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 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, 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. 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 con- tractors of the parties hereto to the same extent and effect as the same are binding upon and in- ure 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 /s/ Roy Bass ATTEST: ROY BASS, MAYOR /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this day of , 1976. ATTEST: Corporation Secretary APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney NATIONAL PUMP COMPANY, INC. /s/ JerrX Bennett JERRY BENNETT, VICE PRESIDENT 76-35-176-476 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (44) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RF.gOT.TTTTOM WHEREAS, the City Council heretofore established the Human Relations Commission; and WHEREAS, the City Council has determined that it would be in the best interest of the citi- zens of Lubbock that the number of members on the Human Relations Commission be reduced; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the number of members constituting the Human Relations Commission BE and is hereby reduced from fifteen (15) to twelve (12); THAT the representation on such Commission shall remain in the same ratio as established in Ordinance No. 6276; THAT the present members on the Commission shall continue to serve the remainder of their respective terms and the reduction of members shall be accomplished by expiration of terms or vacancies created by resignation. Passed by the City Council this 13th day of May, 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 17 MAY��i 76-35-177-477 The City Council considered an ordinance amending Ordinance No. 6190 to expand the size of the 45) Airport Board. After consideration of all information presented, motion was made by Councilman West to expand the Airport Board to seven members. This motion died for lack of a second. After further discussion, motion was made by Councilman West to expand the Airport Board to nine members. This motion died for lack of a second. No action being taken at this time on this item, the City Council began discussion of the next agenda item. Later in the day Councilman West requested the Council's reconsideration of Item ,h, 45. He stated the people are needed on the Airport Board with diversity of backgrounds to help in the operation of the airport. Motion was made by Councilman West to enlarge the Board to seven members. This motion died for lack of a second. F It was the consensus of the City Council to put this item back on the agenda for consideration at the next regular Council meeting. 76-35-177-478 The City Coucnil considered a resolution revising the resolution establishing the Convention and (46) Tourism Bureau. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry andMcAlister voting Yea, none voting Nay to pass the following resolution expanding the Board to seven members, but hold the appointments until the next Council meeting, and urge the Committee to get together with the Liason Committee before the next Council Meeting and come back with guide lines. N5MMIiIkaIffil-N WHEREAS, the City Council, by resolution dated April 8, 1976, established a Convention and Tourism Bureau for the CITY OF LUBBOCK: AND WHEREAS, the City Council has determined that the Board of Directors established to govern such Bureau should be expanded to seven (7) members to afford better representation: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT sub -section (1) of the paragraph stating the agreement provisions, BE and is hereby amended to read as follows: "(1) The Bureau shall be governed by a Board of Directors consiting of seven (7) members to be appointed by the City Council for terms of 3 years." Passed by the City Council this 13th day of May, 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 76-35-177-479 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (47) Councilmen West, Jordan, Henry, and McAlister voting Yea, none voting Nay to pass Ordinance No. 7255 on first reading. ORDINANCE N0. 7255 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is =ecessary 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 bond fund, to -wit: Street Improve- ment Bond Fund The sum $15,701 For the following purpose: Financial Advisor fees, Legal fees, Bond Rating fees, Printing of Notice of Sale, and other cost incurred in marketing of $1,580,000 G.O. Bonds, Series 1976. 76-35-177-480 The City Council considered waiver of interest in the amount of $53.25 on a paving assessment on (48) rental property of Harold H. Densford located at 4812 6th Street. The principal of assessment is $418.50. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Councilmen West, Jordan and McAlister voting Yea, Mayor Bass and Councilmen Henry voting Nay to waive the interest on this paving assessment. 76-35-177-481 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (51) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. 1'7 AY 13 1976 RESOLUTION WHEREAS, The City of Lubbock desires to continue as a participant in the South Plains Associa- tion of Government's Regional Law Enforcement Network Program; and WHEREAS, The City of Lubbock deems the Teletype essential to the continued operation of the Police Department on a high standard; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock is hereby authorized to enter into the Regional Law Enforcement Network Program and to seek support of Sixty (60) Percent of the Program by the Texas Criminal Justice Division. Passed by the City Council this 13th day of May, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Tr_eva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 76-35-178-482 The City Council considered the claim of Curtis L. Sipes in the amount of $83.41 for house damage (56) due to sewer backup. 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 McAlister voting Yea, none voting Nay to deny this claim. 76-35-178-483 The City Council considered the claim of Boyd McMillan for compacted junk vehicle, TV and tools. (56a) Mr. McMillan appeared before the City Council and presented receipts for repairs that had been done to the pickup in question. After considerable discussion of this claim, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to offer Mr. McMillan $175 toward compen- sating for his loss, without admitting liability, but in a spirit of compromise, in exchange for a release. 76-35-178-484 The following bids were received to establish price for a period of one year on water meter boxes (57) for Warehouse Stock, being Bid No. 3869. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Industrial Internation Inc., to establish price for a period of one year on water meter boxes for Warehouse Stock. 76-35-178-485 The following bids were received for the purchase of miscellaneous water items for Warehouse (58) Stock, being Bid No. 3859. Bid Tabulation set in Bid Book. After considderation of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of American -Darling Valve Manufacturing Co., Dallas, for the purchase of Items 1, 2 and 8; accept the bid of M. B. McKee for the purchase of Items 3, 4, and 5; accept the bid of Industrial International Inc., for the purchase of Item 6. 76-35-178-486 The following bids were received for the purchase of miscellaneous electric items for Warehouse (59) Stock, being Bid No. 3862. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Temple, Inc., for the purchase of Items 1, 8 and 9; accept the bid of Graybar Electric Co., Amarillo, for the purchase of Items 2, 3, and6; accept the bid of Fields and Co., for the purchase of Items 4, 5 and 7; accept the bid of American Poly Structures Corporation, Houston, for the purchase of Item 10; accept the bid of Southwestern Electric Supply for the purchase of Item 11. 76-35-178-487 The following bids were received for the purchase of sewer tile, various sizes, for Warehouse (60) Stock, being Bid No. 888. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Fields and Co. for the purchase of sewer tile. 76-35-178-488 The following bids were received for the purchase of bond paper and clasp envelopes for the Print- (61) ing Shop, being Bid No. 3865. Bid Tabulation set in Bid Book. 1'79 MAY 1 La After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Bancroft Paper Co. for the purchase of bond paper and clasp envelopes for the Print Shop. 76-35-179-489 The following bids were received for light water for the Fire Department, being Bid No. 3853. (62) Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of 3M Company Fire Protection Systems Department, St. Paul, Minnesota, for light water for the Fire Department. 76-35-179-490 The following bids were received, for the purchase of a 16MM film inspection and cleaning machine (63) for the City -County Library, being Bid No. 3850. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Research Technology, Inc., Skokie, Illinois, for the purchase of film inspection and cleaning machine for the City -County Library. 76-35-179-491 The following bids were received for periodicals and newspaper subscriptions for a period of one (64) year for the City -County Library, being Bid No. 3774. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of F. W. Faxon Company, Inc., Westwood, Mass., for periodicals and newspaper subscriptions for a period of one year for the City -County Library. 76-35-179-492 The following bids were received for the purchase of one medium size 1976 model automobile for (65) Public Works, being Bid No. 3877. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Caprock American, Inc., for the purchase of one medium size automobile for Public Works. 76-35-179-493 The following bids were received to furnish and install traffic conduit and related materials (66) at Slide Road and 57th, Slide Road and 60th, Slide Road and 62nd, 4th Street and Toledo and South Avenue P and Avenue Q Drive, being Bid No. 3871. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of H. D. Weaver Ditching Contractor to furnish and install traffic signal conduit at various locations for Traffic Engineering. 76-35-179-494 The following bids were received for the purchase of miscellaneous playground equipment for various (67) parks for the Park and Recreation Department, being Bid No. 3868. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Vaughan & Associates, Dallas, for the purchase of Items 1, 2, 3, 4, 6, 7, 9, 10 and 11; accept the bid of Modlin Recreation Equipment, Inc., Richardson, for the purchase of Item 5. `76-35-179-495 The following bids were received for the purchase of fencing materials for the Park and Recreation I (68) Depprtment, being Bid No. 3867. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Maner Brothers Fence & Supply for the purchase of Items 1 and 5; accept the bid of L. C. Hill Fence Co. for the purchase of Item 2; accept the bid of C1owe & Cowan, Inc., for the purchase of Items 3 and 4. 76-35-179-496 The following bids were received for the purchase of tennis court lights and fixtures for the (69) Park and Recreation Department, being Bid No. 3866. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Nunn Electric Supply Corp., as the lowest bid meeting specifications, for the purchase of lights and fixtures for the Park and Recreation Department. 80 M ►Y, 13 1916 76-35-180-497 The following bids were received for the purchase of automatic sprinkler system for Greenfair Manor (70) for the Park and Recreation Department, being Bid No. 3870. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Goodyear Sprinkler Systems for the purchase of Item 1; accept the bid of Hygia Lawn Sprinkler & Equipment Co., Inc., for the purchase of Item 2. 76-35-180-498 The following bids were received for Community Development Paving Program, Phase II, being Bid (71) No. 3879. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Commercial Concrete Construction Co. for Com- munity Development Paving Program, Phase II. 76-35-180-499 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor (72) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an AGREEMENT covering Community Development work order 7511, 1976 Paving Improvement Program, second phase, 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 13th day of May, 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 See contract on file in the Office of the City Secretary. 76-35-180-500 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (74) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint Bertell Jackson and appoint John Purser to the Board of Examiners and Appeals (Building). These terms are for four years and will expire June 1, 1980. 76-35-180-501 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (75) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint Theodore Phea to the City -County Child Welfare Board. This term is for three years and will expire June 1, 1979. 76-35-180-502 Carl Cannon, Chairman of the Transit Advisory Committee, appeared before the City Council and (12) presented: a. Recommendations for bus colors. b. Recommendations for bus radios. 76-35-180-503 Carl Cannon presented a picture of a bus showing the colors recommended by the Transit Advisory (12a) Committee. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman West to approve the bus colors as presented by Mr. Cannon. A substitute motion was offered by Councilwoman Jordan and seconded by Councilman McAlister to substitute the color red for orange. This motion failed to carry by the following vote: Councilwoman Jordan and Councilman McAlister voting Yea, Mayor Bass, Councilmen West and Henry voting Nay. The vote was then taken on the original motion to approve the bus colors as presented by Mr. Cannon and this motion carried by the following vote: Mayor Bass, Councilmen West and McAlister voting Yea, Councilwoman Jordan and Councilman Henry voting Nay. See picture on opposite page. 76-35-180-504 Motion was made by Councilman West to purchase the radios for the buses. This motion died for (12b) lack of a second. Motion was then made by Councilman West, seconded by Councilman McAlister to put radios in the buses if UMTA will share in the cost. This motion carried by the following vote: Mayor Bass, Councilmen West and McAlister voting Yea, Councilwoman Jordan and Councilman Henry voting Nay. 76-35-180-505 Henry Huneke, Chairman of the Park and Recreation Board, appeared before the City Council and (14) presented recommendations on the following items. a. Anappropriation ordinance in the amount of $35,000 from Park Bond Funds for the installa- tion of concrete drainage channels in various parks. 11 [pin poll 11 .............. k0 �f J _ .Now MAY 13 1976 oJfiee of t& ma�otr ctTy of LveaocK, I INA I rAj 11 1 t(!;% d I [($I) Municipal government, in o&der to but ze&ve the needs o4 the citizenry, muat be opehated with eiJicieney and .in an o&dvit y manner; and, WHEREAS: The ei6 ic,ieney and o&de& with which government ca h i.ez out .its pubtie 6unction6 .us .6tAongty te.Piant on p&ocedu&u and &eeo,%dz; and, WHEREAS: The Municipat Cte&ks admini,6ter the p&oeedures and keep the &eco&da; and, WHEREAS: An o&ganized source o f hnowtedge about a community and itz government activiti.ez is vitat to the 5mooth governing o6 that municipality; and, WHEREAS: The Munic,ipat CteAA6 p&ov.ide and maintain such a body o4 hnowEedge; and, WHEREAS: The strength o� toeat government depends upon the citizens' opinion o � it, and a uch opinion .cis b onmed iz tr_g ee y by the .image z et 4otrth by .the municipat govehnment emptoyeez; and, WHEREAS: The Municipal. CteAk iz the mun%cipat o6ji.ciaL moot cZozety ,in da t y contact with the cit zenty, and thereJoxe iz a key pozition to mold .bound pubtic opinion; and, WHEREAS: Du&.ing our B ieentenn.i.at Obz eAvanee, it iz most appxopxi,a to that we recognize an hi,6tohi.c municipal o66ice which g&ew out o6 .the t&aditi,on o6 our democratic heritage, NOW THEREFORE, I, Roy $ads, Mayo& o6 the City o6 Lubbock, Texas, do hereby pxoctaim the weep. o6 May 10 - 14, 1976, ad MUNICIPAL CLERK'S WEEK ie vitae dexv.iee6 they per6o&m and their outstanding )mmuniti.ed they nep&ezent. In oj6icial. &ecognc ion whereo6, I hereby aj�.ix my s.L e thus 13th day ob y 1976 Jr& _ S. 534.E-- I MAY 13 F. F. F b. Increase in Meadowbrook Golf Course green fees. 76-35-181-506 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (14a) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the recommenda- tions of the Park and Recreation Board and pass Ordinance No. 7256 on first reading appropriating $35,000 from Park Bond Funds for installation of concrete drainage channels in Leroy Elmore Park, Buster Long Park, and Bill and Ann Miller Park. ORDINANCE NO. 7256 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, 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 $35,000.00 For the following purpose: Labor and materials for installation of concrete drainage channels on the following parks: Leroy Elmore, Buster Long, and Bill and Ann Miller. FEE S CHEDULE NOW PROPOSED WEEKDAYS.... $ 2.00 $ 3.00 SAT, SUN. HOLIDAYS...... $ 3.00 $ 4.00 LATE RATE ............... $ 1.25 $ 2.00 WOMEN-TUESDAY A.M. ONLY.. $ 1.25 $ 2.00 SENIORS - WEEK -DAYS ONLY $ 1.25 $ 2.00 JUNIORS - SPECIFIED HOURS WKDAYS $ 1.25 $ 2.00 Tournaments - Hi Schools Only Jr. rate $ 2.50 MEMBERSHIPS SINGLE MEMBER $150.00 $200.00 ADDITIONAL TO SINGLE MEMBER OF SAME FAMILY UNDER SAME ROOF $ 50.00 $ 75.00 SENIORS (WEEKDAYS ONLY) $ 75.00 SENIORS (NO RESTRICTION) $ 75.00 $100.00 JUNIORS - SUMMER ONLY HI SCHOOL OR UNDER IN AGE AND SCHOOL $ 30.00 $ 37.50 PROPOSED INCREASE WOULD RETURN ADDITIONAL AS FOLLOWS: PERIOD 1JUNE76-30SEPT76 EXISTING 27 holes $24,828.50 1976/77 FISCAL YEAR - EXISTING 27 HOLES $72,450.00 NEXT THREE FISCAL YEARS 36 HOLES 217,350.00 -$ 380-; 415.50 LAST INCREASE IN JUNE, 1971, HAS CONTRIBUTED $178,553.75 THRU APRIL of 1976, 59 MONTHS. 76-35-181-507 After consideration of all information presented, motion was made by Councilman West, seconded (14b) by Councilman Henry to accept the Park and Recreation Board's recommendations to establish new rate schedule as set out in the above list with the following change; that the only reduced rates would be for Seniors and Juniors, and eliminate the reduced rates for women - Tuesday A.M., eliminate the late rate, and proceed with work on the additional nine holes as soon as realistical- ly possible. Motion was made by Councilwoman Jordan and seconded by Councilman Henry to amend the motion as follows: to reinstate rate as recommended by Parks Board. Councilman West stated he would accept the amendment to his motion but with the only change being to eliminate the reduced rate for Tuesday - Women Only, rates to become effective immediately. The original motion as amended carried by the following vote: Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay. Jay McClure, Golf Course Supervisor, appeared before the City Council and discussed the operation and rates of the golf course. 76-35-181-508 Larry Anderson, of Mason, Nickels and Warner appeared before the City Council and presented the (55) following Report of Certified Public Accountant: REPORT OF CERTIFIED PUBLIC ACCOUNTANT THE STATE OF TEXAS I COUNTY OF LUBBOCK I I, the undersigned Larry Anderson of MASON, NICKELS & WARNER, Certified Public Accountants, DO HEREBY MAKE the following report: 1. That the total gross revenues, operation and maintenance expenses and net revenues from the operation of the Electric Light and Power System of the City of Lubbock, Texas, for the fiscal year ending September 30, 1975, as shown by the City's books are as follows: !2 -AY 13 1976 Fiscal Year Gross Operating and Maintenance Net Ending 9-30 Revenues Expenses Revenues 1975 $11,887,144 $8,508,578 $3,378,566 2. That the net revenues of the City's Electric Light and Power System for the fiscal year ending September 30, 1975, are equal to at least one and one-half (1 1/2) times the average annual principal and interest requirements of all bonds which will be secured by a first lien on and pledge of the net revenues of the System which will be outstanding after the issuance of the pro- posed "City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 1976," dated April 15, 1976; (said proposed bonds being dated April 15, 1976; maturing on April 15 in each of the Years as follows: $220,000 1978 throfgh 1997, bearing interest at 6 1/4% per annum, payable October 15, 1976, semi-annually thereafter) and further, that said net revenues are equal to at least one and one -fifth (1-1/5) times the maximum annual principal and interest requirements of all such bonds as will be outstanding upon the issuance of aforesaid Series 1976 bonds. MASON, NICKELS & WARNER Certified Public Accountants /s/ Larry Anderson SWORN TO AND SUBSCRIBED BEFORE ME, this the llth day of May, 1976. (Notary Seal) /s/ Alyse Brown Notary Public, Lubbock County, Texas My Commission Expires June 1, 1977 Mr. Anderson also presented the following letter regarding fees for their services: The Honorable Roy Bass, Mayor Members of the City Council and N.B. McCullough, City Manager City of Lubbock, Texas Under the terms of our agreement with the City of Lubbock dated August 28, 1975, we respectfully submit for your consideration the following proposed fees. EXAMINATION OF FINANCIAL STATEMENTS FOR YEAR ENDED SEPTEMBER 30, 1976 The fee for the examination of the financial statements for the year ended September 30, 1976 of the various funds and agencies as specified in section III of our agreement will be a maximum of Forty -Six Thousand and no/100 dollars ($46,000). SERVICES OUTSIDE THE SCOPE OF AGREEMENT The City has received various grants where the grantor requires an audit be conducted by independ- ent public accountants. Generally, the grantor's audit procedures require the accountant to re- port on the grantee's compliance with provisions of the grant. The audit procedures performed during an examination of the financial statement are not sufficient to meet the grantor's report- ing requirements. The following are the proposed maximum fees for the examination of the noted grants. Summer Recreation $1,100 Library Grants $1,100 Rape Crisis Center Grant $2,000 Federal Revenue Sharing $1,000 The fees for the above grants are based on the hourly rates contained in section VI of our agree- ment. If the above maximum fees are acceptable to the City and the additional services are in accordance with your requirements, please sign the copy of this letter and return it to us. Very truly yours, APPROVED: /s/ Larry Anderson, C.P.A. Partner /s/ Roy Bass, Mayor /s/ N. B. McCullough, City Manager 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 McAlister voting Yea, none voting Nay to accept the report and agree to the terms as set forth in the above letter. May 12, 1976 -35-182-509 Judge Rodrick Shaw (76) Commissioners Court Lubbock County Courthouse Lubbock, Texas 79401 Mayor Roy Bass City Hall 916 Texas Lubbock, Texas 79401 0 E NAY i - ij76 Gentlemen: This is to notify you of the action taken by Lubbock County Hospital District Board of Mana- gers Meeting on May 10. The following motion was passed unanimously by the full Board: 'That the City of Lubbock and County of Lubbock be notified that no further contribution will be made by the Lubbock County Hospital District to the City - County Health Department budget beyond September 30, 1977; and, that the unpaid balance of $10,450.00* be paid during the yearing ending September 30, 1977, which completes the 1969 agreement between the Lubbock County Hospital District, the County of Lubbock, and the City of Lubbock." *NOTE: Agreement 1975 - 76 $55,000. 1976 - 77 55,000. Total $110,000. Payment 1975 - 76 (99,550.) Balance Due 1976- 77 10,450. In their discussions, note was taken of the budgeting currently in progress for Fiscal Year 1977 - 79 for public health programs funded by State monies. They also noted that the regional office has accepted responsibility for the tuberculosis and family planning program. As you know, Lubbock County Hospital District Board of Managers is arranging to terminate financial involvement in all community programs in order to conserve resources to meet its primary obliga- tion, the opening of the teaching hospital in 1977. HPC/jkb cc: Health Board Members City Manager County Auditor John Board, M.D., Director Region II TDHR Very truly yours, /s/ Harold P. Coston, F.A.C.H.A. Executive Director After discussion of the above letter from the Hospital District regarding Health Department fund- ing, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the Mayor be authorized to write a letter on behalf of the City Council, replying to the letter from the hospital District, with copies to Judge Shaw and to the City Council members. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Council Meeting, May 13, 1976. ATTEST: Treva Phillips, Cit Secretary -Treasurer READ AND APPROVED THIS THE 27th day of May, 1976. ATTEST: YZ24'0�1_ Treva Phillips, City ecretary-Treasurer rR.., A"� ROY SAIAS, MAYOR ROY BAS , MAYOR