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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/24/1976234 JUN 2 4 1976 76-35-234-447 (1) 76-35-234-448 (2) 76-35-234-449 (3) REGULAR CITY COUNCIL MEETING JUNE 24, 1976 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Council- man Bill McAlister, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None The invocation was given by Tom Foster, Fire Chief. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held June 10, 1976. At this point, Mayor Bass announced there would be an Executive Session at the conclusion of the citizens appearances to consider acquisition of real property, in accordance with Section 2F, Art. 6252-17, V.A.T.S. 76-35-234-450 Steve Watt, representing the Lubbock Humane Society, appeared before the City Council stating (7) that the Lubbock Humane Society will sponsor a mass rabies vaccination program at the Merchant's building on the South Plains Fair grounds on July 31, 1976. A fee of $6.00 will be charged for each pet vaccinated, which includes $2.00 for the City license, and $4.00 for the vaccination. Mr. Watt requested that the Humane Society be allowed to retain 50(� of each $2.00 collected for the sale of license tags during the vaccination program. 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 waive the license fee of $2.00 as specified in Section 4-30 of the Code of Ordinances, and temporarily set the license fee at $1.50 during the time of this mass rabies vaccination program of July 31, 1976. 76-35-234-451 Harry Eastus appeared before the City Council on behalf of the U. S. Postal Service regarding (8) enforcement of Animal Control Ordinance. After consideration of all information presented, it was the consensus of the City Council that this item be placed on the next work session agenda. 76-35-234-452 Mrs. Earlene Guess appeared before the City Council requesting reconsideration regarding waiver (9) of interest on paving assessment. Mrs. Guess stated she had purchased her home in 1970 and the alley behind her house was paved in December, 1971, and that the Notice was sent to the previous owner, but that she did not have any knowledge of the assessment until the notice she recently received from the City. She requested waiver of the assessment and interest, which was denied by the City Council at the meeting of May 27, 1976. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Councilmen West, Jordan, Henry and McAlister voting Yea, Mayor Bass voting Nay to waive the in- terest on this alley paving assessment and ask the Staff to check the records to be sure the principal has not been paid, and to include in the investigation, the other requests heard on May 27, 1976. 76-35-234-453 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (12) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7270 on second and final reading. ORDINANCE N0. 7270 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of 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 fund, to -wit: Airport Revenue Fund The sum $7,800.00 For the following purpose: Bill Cantrell Planners, Inc. for Architectural Services for remodel- ing the Old Terminal Bldg. for General Aviation District Office Approximately 4000 sq. ft. of leased space. 76-35-234-454 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7272 on second and final reading. ORDINANCE NO. 7272 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: _1 There is hereby appropriated out of the following described bond fund, to -wit: Water Capital 235 JUN 2 4 1976 The sum $8,690.26 For the following purpose: Water lines ahead of 1975 C. D. Paving Program, Phase II. 76-35-235-455 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (14) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7273 on second and final reading. ORDINANCE NO. 7273 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: Sewer Bond Fund The sum $4,598.95 For the following purpose: Sewer lines ahead 1975 C. D. Paving Program, Phase II. 76-35-235-456 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (15) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7274 on second and final reading. ORDINANCE NO. 7274 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; WIDENING OF QUIRT AVENUE 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 $24,772.00 For the following purpose: Acquisition of Right -Of -Way on Quirt Avenue, North of Loop 289 to 7 airport entrance. Supplement to Appropriation Ordinance No. 6873 11 April 1974 & No. 7268 1 May 1976. 76-35-235-457 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (16) Councilmen West:, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7277 on second and final reading. ORDINANCE NO. 7277 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: Canyon Lakes Fund The sum 32,500.00 HUD Fund 32, 500.00 City Bond Funds $65,000.00 TOTAL For the following purpose: Payroll expenses for park personnel working on park improvement projects in the Canyon Lakes Project. 76-35-235-458 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (18) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7271 on second and final reading. ORDINANCE NO. 7271 AN ORDINANCE REPEALING ORDINANCE NO. 5087 OF THE CITY OF LUBBOCK IN ITS ENTIRETY SO AS TO RE-ESTABLISH TWO-WAY TRAFFIC ON AVENUE U FROM ITS INTERSECTION WITH 19TH STREET TO ITS INTER- SECTION WITH 17TH STREET; ESTABLISHING NO LEFT TURNS FOR SOUTH BOUND TRAFFIC ON AVENUE U TURN- ING ONTO 19TH STREET; AUTHORIZING PLACING OF SIGNS BY CITY MANAGER TO INDICATE SAID NO LEFT TURN LOCATION, PROVIDING A SAVINGS CLAUSE; PRESCRIBING A PENALTY; AND PROVIDING FOR PUBLICATION. 76-35-235-459 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (19) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7276 on second and final reading. ORDINANCE NO. 7276 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, 236 2 4 1976 BY ADDING THERETO A NEW ARTICLE X PROVIDING FOR LUBBOCK PUBLIC TRANSIT ADVISORY BOARD; PROVIDING FOR APPOINTMENT OF MEMBERS AND TERM OF OFFICE; PROHIBITING CREATION OF ANY INDEBTEDNESS; PROVID- ING FOR SAVINGS CLAUSE AND FOR PUBLICATION OF CAPTION. 6-35-236-460 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (20) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize trans- mittal to the Department of Housing and Urban Development, comments regarding five proposals for assisted housing under Section 8 of the Housing Act. See proposals on file in the Office of the City Secretary. 6-35-236-461 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, (21) 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 URBAN MASS TRANSPORTATION OPERATING ASSISTANCE GRANT contract between the United States of America, acting through the Urban Mass Transportation Administration, the Texas State Department of Highways and Public Transportation, as the desig- nated recipient and the City of Lubbock providing for an Operating Assistance Grant for the FY 1974-75 in the amount of $81,524.00, 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 24th day of June, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 6-35-236-462 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7288 on first reading. ORDINANCE NO. 7288 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: Street Improvement The sum $10,000 For the following purpose: Part of Engineering for 1976 Major Paving Improvement Program (G.W.O. 10922) 6-35-236-463 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (23) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7289 on first reading. ORDINANCE NO. 7289 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: Street Improvement The sum $10,000 ,—; For the following purpose: Part of engineering cost for 1976 Slide Road Widening between Brown- field Highway and 50th Street (G.W.O. 10,924) 5-35-236-464 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. PT'4Zl1T TTTTnWT RESOLUTION ACCEPTING IMPROVEMENTS ON MUNICIPAL PARKING LOT AND AUTHORIZING PAYMENT OF CITY'S 237 J UN 24 197f COST. WHEREAS, the City of Lubbock heretofore entered into contract with KERR CONSTRUCTION COMPANY (G.W.O. 3156) for the making and construction of Municipal Parking Lot improvements in said City including among others the following: Municipal Parking Lot in Block 4, Memorial Center Addition to the City of Lubbock Texas AND WHEREAS, the improvements upon the said portions of the abovementioned Municipal Park- ing Lot have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 3156). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned Municipal Parking Lot be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24th DAY OF JUKE, 1976. ATTEST: /s/ Roy Bass Roy Bass, Mayor /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED: APPROVED: /s/ Wilford D. Watson /s/Fred 0. Senter, Jr. Wilford D. Watson, City Engineer Fred 0. Senter,�Jr., City Attorney GWO 3156 CONSOLIDATED FINAL ESTIMATE MUNICIPAL PARKING LOT BLOCK 4, MEMORIAL CENTER ADDITION ACCEPTED 6-24-76 COST DISTRIBUTION Unit & Contract City Sub -Unit Cost Cost 1 $32,080.27 32,080.27 CONTRACT COST $32,080.27 Previous payments by monthly estimate 27,695.09 Amount due Contractor $ 4,385.18 a COST ESTIMATE 6,097.88 S.Y. Paving 6" Base @ $2.50 $ 15,244.70 294.19 L.F. Retaining Wall 6"xl.5' @ $2.90 $ 853.15 759.96 L.F. Curb & Gutter @ $2.93 $ 2,226.68 140.10 L.F. Reinforced Curb & Gutter @ $3.00 $ 420.30 111.13 S.Y. Driveway Return @ $11.25 $ 1,250.21 66.03 S.Y. Valley Gutter @ $10.85 $ 716.42 j 727.70 S.Y. 4" Thick Sidewalk @ $6.55 $ 4,766.44 60 Pre -cast bumper blocks @ $9.50 $ 570.00 1 Sprinkler System Installed @ $Bid $ 2,307.95 208.89 L.F. C&G, C&G Removal and ' Pavement Repair @ $4.60 $ 960.89 325.12 S.Y. Exposed Aggregate Sidewalk @ $8.50 $ 2,763.52 I CONTRACT COST $ 32,080.27 I 76-25-237-465 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor i (25) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the �i following resolution be passed. t RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF STREET AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, k The subdivider of Sentry Park - Tract "A", made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Sentry Park - Tract "A" including the following street: Albany Avenue from the South Lip Line of South Loop 289 to 598 feet south of South Lip Line of loop 289 known and designated as Sub Unit Number 16 of Unit Number 2019. AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. 38 2-4 191.6 I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost (and to release escrow money). II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24th DAY OF JUNE, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer QUANITITIES Unit & Sub -Unit Location /s/ Roy Bass__ Roy Bass, Mayor APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE SENTRY PARK TRACT "A" Accepted June 24, 1976 2019-16 Albany Avenue SLL of S. Loop 289 to 598' S. of SLL of Loop 289 COST DISTRIBUTION Unit & Contract Sub -Unit Cost 2019-16 $9,282.43 COST ESTIMATE 2309.26 S.Y. Paving 6" Base 1124.40 L.F. Curb & Gutter 24.01 S.Y. Valley Gutter 92.0 L.F. C & G. Removal S.Y. S.Y. Paving L.S. C & G Valley 6" Base C & G Removal Gutter 2309.26 1124.40 92.0 24.01 Property City to Owner Cost Contractor $9,282.43 @ $ 2.60 $6,004.08 @ $ 2.60 $2,923.44 @ $ 10.95 262.91 @ $ 1.00 $ 92.00 CONTRACT COST $9,282.43 -35-238-466 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (26) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RF.SCfT.TTTTnN WHEREAS, The City Council of the City of Lubbock by resolutions passed on May 13, 1976, and June loth, 1976, in regular sessions of said City Council declared a necessity for and ordered the improvements of those certain highways streets and alleys or portions thereof in the City of Lubbock, Lubbock Texas, as more particularly described hereafter, by excavating, grad- ing, and paving the same and by the construction of drainage facilities therein and by the con- struction of curbs and gutters wherein curbs and gutters are not now in place, and directing the City Engineer to prepare plans and specifications for said improvements; and, WHEREAS, the plans and specifications for the improvements of said highways, streets and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock, Texas, WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock, Texas to be necessary in the public interest to make the improvements herein designated on those certain highways, public streets and alleys or portions thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT improving the hereinafter described highways, streets and alleys, or portions hereof, located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of drainage facilities therein as well as the necessary curbs and gutters which are not now in place be and are hereby found to be a necessity; and, THAT the cost of making such improvements be partly paid by the City of Lubbock and partly by the hereinafter described property abutting upon the highway, street or streets, and alleys or portions thereof which are hereby ordered to be improved, and the owners of such property as a personal liability, after, public hearing all in accordance with and as required by Article 1105b, of the Revised Civil Statutes of Texas amended by Chapter 281 Acts of the 52nd Legislature and amendments thereto. r . r- 239 JUH-N V7.s F The portions of streets and alleys upon which improvement are proposed to be constructed and the abutting property proposed to be assessed for said improvements designated and defined by Unit and Sub -Unit are as follows: Unit and Sub -Unit Street From To 36' Wide Streets 2229-83 Englewood Avenue 46th Street 50th Street 2229-86 79th Street Boston Avenue Elgin Avenue 42' Wide Streets 2229-87 E/2 Elgin Avenue 78th Street 79th Street 2233--8 48th Street Englewood Avenue Elkhart Avenue 52' Wide Streets 2232-2 Locust Avenue 34th Street 36th Street 86' Wide Streets 2233--5 S. University Avenue 82nd Street 98th Street 2233-6 82nd Street University Avenue Elgin Avenue 2233-7 50th & Indiana Avenue Intersection flaring 10' Wide Alleys between A-460-12 14th & 15th Street Raleigh Avenue Quaker Avenue A-460-24 48th & 50th Streets York Avenue Slide Road A-460-25 2nd Place & 3rd Street Indiana Avenue Hartford Avenue A-460--26 Clinton & Dover Avenues 80th Street 82nd Street A-460-27 Avenue J & Avenue K 6th Street 7th Street THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this resolution and to record or cause same to be recorded in the Deed of Trust Records of Lubbock, County, Texas. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24th DAY OF JUNE, 1976. ATTESTED: /s/ Freva 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 76-35-239-467 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 follow- ing resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provision of City Ordinance 1331, the subdivider of South Plains Addition - Tract "B", made arangements with Lubbock Asphalt Pro- ducts, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of South Plains Addition - Tract "B" including the following streets: South 1/2 of 58th Street from centerline of Bangor Avenue to 80 feet west of east property line of Chicago Avenue known and designated as sub -unit number 6 of Unit Number 2018. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost (and to release escrow money). II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24th DAY OF JUNE, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary /_s_/ Roy Bass Roy Bass, Mayor APPROVED: /s/ Wilford D. Watson T Tl i i - __ 1 n T T - � - - - f1 S .. TT - _ - . - _ _ APPROVED: _/s/ Fred 0. Senter, Jr. ___ _ T A I . - - P. . . . . . 240 SUN 2 41975 CONSOLIDATED FINAL ESTIMATE South Plains Addition - Tract "B" Accepted June 24, 1976 UANTITIES S.Y. Resur- S.Y. L.F. Unit & facing Paving L.F. Reinforced Sub -Unit Location Paving 6" Base C&G C & G 2018-6 South 1/2 of 58th Street from center- line of Bangor Avenue to 80 ft. west of EPL of Chicago Avenue COST DISTRIBUTION Unit & Contract Sub -Unit Cost 2018-6 $8, 002.35 COST ESTIMATE 1698.50 S.Y. Paving 6" Base @ $ 2.90 136.00 S. Y. Paving resurfacing @ $ 1.45 722.00 L.F. Curb & Gutter @ $ 3.75 43.00 L.F. Reinforced Curb & Gutter@ $ 4.00 CONTRACT COST 136.00 1698.50 722.00 Property Owner Cost $8,002.35 $4925.65 $ 197.20 $2707.50 $172.00 $8002.35 43.00 76-35-240-468 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing and expansion and im- provement of Quirt Avenue and for drainage purposes as regards said street in said City in order to provide better access to the municipal airport of said City creating a need for additional right-of-way for street purposes and an easement for drainage purposes by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to Tract I hereinafter described is to be acquired for street right-of-way purposes for Quirt Avenue and title to Tract II hereinafter described is to be acquired for an easement for drainage purposes, said Tracts I and II being acquired for municipal purposes and public purposes as set forth in the preamble thereof, to -wit: TRACT I A parcel of land containing 0.170 acre, more or less, out of a 3.82 acre tract in Section 10, Block A, Lubbock County, Texas. Said 3.82 acre tract was conveyed to Jack McQueen by Charles L. Sabin by Deed Dated June 1, 1971 and recorded in Volume 1270, Page 699, Deed Records, Lubbock County, Texas. Said 0.170 acre tract is more particularly described by metes and bounds as follows: BEGINNING at a point in the East Line of Section 10, Block A, said point bears South 88° 4' 29" East, a distance of 5,280.00 feet, thence North 1°55'30" East 1,155.00 feet from the Southwest Corner of Section 10, Block A; THENCE North 8804'29" West along the South property line of said 3.82 acre tract, a distance of 20.01 feet to a point THENCE North 1055'42" East, a distance of 17.92 feet to a point, the beginning of a 5,674.5780 foot radius curve to the left, center of said curve bears North 88°04'18" West, a distance of 5,674.5780 feet; THENCE around said 5,674.5780 foot radius curve, an arc distance of 170.02 feet to a point, the end of said curve; THENCE North 0012'42" East, a distance of 142.15 feet to a point in the North property line of said 3.82 acre tract; THENCE South 8804'29" East along the North property line of said 3.82 acre tract, a distance of 26.80 feet to a point in the East line of Section 10, Block A; THENCE South 1055131" West along the East line of Section 10, Block A, a distance of 330.00 feet to the PLACE OF BEGINNING, containing 0.170 acre of which 0.129 acre is in an existing road. ABOVE DESCRIBED Tract I is to be acquired for street right-of-way purposes. TRACT II A strip of land 60.00 feet wide and approximately 307.98 feet in length and containing 0.425 acre, more or less, out of a 3.82 acre tract owned by Jack McQueen in Section 10, Block A, Lubbock County, Texas. Said 3.82 acre tract was conveyed to Jack McQueen by Charles L. Sabin by Deed dated June 1, 1971, and recorded in Volume 1270, Page 699, Deed Records Lubbock County, Texas. Said 0.425 acre strip of land is more particularly described by metes -A--- 241 BEGINNING at a point on the proposed West right-of-way of Metropolitan Highway 53, said point bears South 88°4'29" East, a distance of 5,259.93 feet, thence North 1°55'42" East 1, 172.92 feet, thence around a 5,674.5780 foot radius curve to the left, an arc distance of 122.19 feet from the Southwest Corner of Section 10, Block A. Tangent to said curve bears South 0°49'15"West, center to said curve bears North 89°10'45" West, a distance of 5,674.5780 feet from the Southwest Corner of Section 10, Block A; THENCE North 88°4'29" West, a distance of 308.94 feet to a point in the West property line of said 3.82 acre tract; THENCE North 1°55'31" East, a distance of 60.00 feet to a point; THENCE South 8804'29" East, a distance of 307.01 feet to a point in the proposed West right-of-way line of Metropolitan Highway 53; THENCE South 0012'42" West along the proposed right-of-way line of Metropolitan 2.2 feet to a point, the beginning of a 5,674.5780 foot radius curve to the right, center to said 5,674.5780 foot radius curve bears North 89°47'18" West, a distance of 5,674.5780 feet; DUNCE around said 5,674.5780 foot radius curve, an arc distance of 47.83 feet to the PLACE OF BEGINNING. ABOVE DESCRIBED Tract II is to be acquired for a drainage easement to drain surface waters from said Quirt Avenue. SECTION 2. THAT the owners of said land including Jack McQueen be offered through the Right - of -Way Department of the City of Lubbock the amount of the total sum of $4171.00, being $367.00 for fee simple title to said Tract I and $3804.00 for title to the drainage easement described as said Tract II, which is the amount appraised as the value and total damages for the fee simple title and drainage easement and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said Tract I and drainage easement described as said Tract II as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of June, 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 76-35-241-469 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 that the follow- ing resolution be passed. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing and expansion and improvement of Quirt Avenue in said City in order to provide better access to the Municipal Air- port of said City creating a need for additional Right -of -Way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A strip of land 60.00 feet wide and 990.00 feet long containing 1.363 acres, more or less, out of Section 10, Block A, Lubbock County, Texas. Said parcel of land was conveyed to Cynthia Ann Greener and Brenda Diane Greener by Deed dated July 25, 1963 and recorded in Volume 950, page 269, Deed Records, Lubbock County, Texas by Maxey Lumber Company. Said land is more particularly described by metes and bounds as follows: BEGINNING at a point in the East property line of said Brown and Igo tract, said point bears South 88°4'29" East, a distance of 4,950.00 feet, thence North 1°55'31" East, a distance of 1,282.62 feet from the Southwest corner of Section 10, Block A; THENCE North 8804'29" West, a distance of 990.00 feet to a point in the West property line of said Brown and Igo tract; THENCE North 1055'31" East along the West property line of said Brown and Igo tract, a distance of 60.00; THENCE South 8804'29" East, a distance of 990.00 feet to a point in the East property line cf said Brown and Igo tract, said property line is also the West property line of a tract owned by Jack McQueen; 242 THENCE South 1°55'31" West along the common property line of McQueen and Brown, Igo tract, a distance of 60.00 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said land including CYNTHIA ANN GREENER BROWN and BRENDA DIANE GREENER IGO, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $6,815.00 which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of June, 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 76-35-242-470 Motion was made by Councilman McAlister seconded by Councilman Henry, motion carried, Mayor (31) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing and expansion and improvement of Quirt Avenue in said City in order to provide better access to the Municipal Air- port of said City creating a need for additional Right -of -Way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land containing 0.061 acre of land, more or less, out of a 1.00 acre tract in Section 10, Block A, Lubbock County, Texas. Said 1.00 acre tract was conveyed to C. Dell Garrett by H. A. Holmes by Deed dated June 21, 1960 and recorded in Volume 797, page 643, Deed Records, Lubbock County, Texas. Said 0.061 acre of land is more particularly described by metes and bounds as follows: BEGINNING at a point in the East line of Section 10, Block A, said point bears South 880 4'29" East, a distance of 5,280.00 feet, thence North 1°55'31" East, a distance of 1,023.00 feet from the Southwest corner of Section 10, Block A; THENCE North 8804'29" West along the South property line of said 1.00 acre tract, a distance of 20.02 feet to a point; THENCE North 1°55'42" East, a distance of 132.00 feet to a point in the North property line of said 1.00 acre tract; THENCE South 88°4'29" East along the North property line of said 1.00 acre tract, a distance of 20.01 feet to a point in the East line of Section 10, Block A; THENCE South 1055'31" West along the East line of Section 10, Block A, a distance of 132.00 feet to the PLACE OF BEGINNING, containing 0.061 acre of which approximately 0.045 acre is in an existing road. SECTION 2. THAT the owners of said land including C. DELL GARRETT, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $587.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate herein- above described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceed- ings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of June, 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 o. Senter, Jr., City Attorney 243 JUN 2 4 1976 1 76-35--243-471 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (32) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing and expansion and improvement of Quirt Avenue in said City in order to provide better access to the Municipal Airport of said City creating a need for additional Right -of -Way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land containing 0.0303 Acre of land, more or less, out of a 0.5 acre tract in Section 10, Block A, Lubbock County, Texas. Said 0.5 acre tract was conveyed to E.P. Paschal by John W. Rice and Johnny E. Latham by Deed date; November 2, 1956 and recorded in Volume 637, page 343, Deed. Records, Lubbock County, Texas. Said 0.0303 acre of land is more parti- cularly described by metes and bounds as follows: BEGINNING at a point on the East line of Section 10, Block A, said point bears South 88°4'29" East, a distance of 5,280.00 feet, and North 1055'31" East, a distance of 957.00 feet from the Southwest corner of Section 10, Block A; THENCE North 8804'29" West along the South property line of said 0.5 acre tract, a distance of 20.02 feet to a point; THENCE North 1055'42" East, a distance of 66.00 feet to a point, the North property line of said 0.5 acre tract; THENCE South 8804'29" East along the North property line of said 0.5 acre tract, a distance of 20.02 feet to a point on the East line of Section 10, Block A; THENCE South 1055'31" West along the East line of Section 10, Block A, a distance of 66.00 feet to the PLACE OF BEGINNING containing 0.0303 acre of which approximately 0.021 acre is in an existing road. SECTION 2. THAT the owners of said land including E.P. PASCHAL, BE offered through the Right -of -Way department of the City of Lubbock the amount of $176.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of June, 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 76-35-243-472 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor 4 (33) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the City of Lubbock, Texas a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing and expansion and improvement of Quirt Avenue in said City in order to provide better access to the municipal airport of said City creating a need for additional right-of-way by said City to accomplish such purpose, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land containing 0.0303 acres of land more or less, out of a 0.5 acre tract in Section 10, Block A, Lubbock County, Texas. Said 0.5 acre tract was conveyed to Audie Jacobs by E. D. Paschal and wife Rachal Paschal in deed dated November 3, 1956 and recorded _ TT..i... _ 477 'D__ 171 TN --A D......—A- T..1.i.-1, r—ter T__no q4,4 n (11n1 nn of 1—A in 244 JUN. z 4.1976 more particularly described by metes. BEGINNING at a point on the East line of Section 10, Block A, said point bears South 880 4'29" East, a distance of 5,280.00 feet, and North 1°55'31" East, a distance of 891.00 feet from the Southwest corner of Section 10, Block A; THENCE North 8804'29" West along the South Property Line of said 0.5 acre tract, a distance of 20.02 feet to a point; THENCE North 1055'42" East, a distance of 66 feet to a point, the North Property Line of said 0.5 acre tract; THENCE South 88°4'29" East along the North Property Line of said 0.5 acre tract, a distance of 20.02 feet to a point on the East line of Section 10, Block A. THENCE South 1°55'31" West along the East line of Section 10, Block A, a distance of 66.00 feet to the PLACE OF BEGINNING, containing 0.0303 acres of which approximately 0.021 acres is in an existing roadway. SECTION 2. THAT the owners of said land including Audie Jacobs, a single woman, be offered through the Right--of-Way Department of the City of Lubbock the amount of $303.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of June, 1976. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter,Jr. Fred 0. Senter, Jr., City Attorney 76-35-244-473 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (34) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RF.gOT.TTTTOW WHEREAS, the City of Lubbock, Texas a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Quirt Avenue in said City in order to provide better access to the municipal airport of said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land containing 0.061 acre of land, more or less, out of a 1.00 acre tract in Section 10, Block A, Lubbock County, Texas. Said 1.00 acre tract was conveyed to Clarence E. Lamb by Frank Gaines by Deed dated September 12, 1961 and recorded in Volumes 857, Page 115, Deed Records, Lubbock County, Texas. Said 0.061 acre is more particularly described by metes and bounds as follows: BEGINNING at a point on the East line of Section 10, Block A, said point bears South 880 4'29" East, a distance of 5,280.00 feet, thence North 1055131" East, a distance of 495.00 feet from the Southwest Corner of Section 10, Block A; THENCE North 88°4'29" West along the South Property Line of said 1.00 acre tract, a distance of 20.04 feet to a point; THENCE North 1055'42" East, a distance of 132.00 feet to a point in the North Property Line of said 1.00 acre tract; THENCE South 88°4'29" East along the North Property Line of said 1.00 acre tract, a distance of 20.04 feet to a point in the East Line of Section 10, Block A; THENCE South 1055'31" West along the East Line of Section 10, Block A, a distance of 132.00 feet to the PLACE OF BEGINNING, containing 0.061 acre of which approximately 0.042 acre is in an existing road. SECTION 2. THAT the owners of said land including Dorothy B. Lamb, Clarence Dale Lamb, Linda Dea McKelvey, and Timothy Elwood Lamb be offered through the Right -of -Way Department of the City of Lubbock the amount of $158.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes 245 UUN _2 4-'1976 herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of June, 1976. /s/ Roy Bass ATTEST: 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 76-35-245-474 :lotion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass (35) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, teas determined and does hereby determine the public needs, safety and welfare demands and creates a public necessity for the widening, constructing, reconstructing and expansion and improvement of Quirt Avenue in said City in order to provide better access to the Municipal Airport of said City creating a need for additional Right -of -Way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in forth in the Lubbock County, Texas, be acquired for public purposes and municipal purposes as set preamble hereof, to -wit: A parcel of land containing 0.122 acre of land, more or less, out of a 2.00 acre tract in conveyed to Mae Section 10, Block A, Lubbock County, Texas. Said 2.00 acre tract was January 9, 1948 and recorded in Morrison Gaines by J. L. Ervin and wife by Deed dated Records, Lubbock County, Texas. Said 0.122 acre is more parti- Volume 350, page 633, Deed cular described by metes and bounds as follows: BEGINNING at the Southeast corner of Section10, BlockA, saidr pointbears South Block 8804129" East, a distance of 5,280.00 feet from the of THENCE North 88°4'29" West along the South line of Section 10, Block A, a distance of 20.07 feet to a point; THENCE North 1°55'42" East, a distance of 264.00 feet to a point in the North property line of said 2.00 acre tract; THENCE South 88°4'29" East along the North property line of said 2.00 acre tract, a distance of 20.06 feet to a point in the East line of Section 10, Block A; THENCE South 1*55131" West along the East line of Section 10, Block A, a distance of 264.00 0.085 acre is feet to the PLACE OF BEGINNING, containing 0.122 acre of which approximately in an existing road. SECTION 2. THAT the owners of said land including MAE MORRISON GAINES be offered through the Right -of -Way Department of the City of Lubbock, the amount of $2,951.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th day of June, 1976. ATTEST: /s/ROY Bass ROY BASS, MAYOR /s/ Treva Phil s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senterp Jr. Fred 0. Senter, Jr., City Attorney it i76-35-245-475 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor ass, i (37) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the recommenda- tions of the Cemetery Board to include Block 19 in the list of exceptions approved by the City Council on April 22, 1976 and to include the southern portion of Section E as an exception rather than the southern portion of Section G as stated in the original request. 246 JUN 2- 41976 76-35-246-476 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, 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, Change Order No. 13, The Addition of Three Bronze Plaques, to Agreement between the City of Lubbock and Page and Wirtz Construction Company, covering the Memorial Civic Center, 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 24th day of June, 1976. ATTEST: /s/ Roy Bass /s/ Treva Phillip.,, ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney PROJECT: LUBBOCK MEMORIAL CENTER (name, address) LUBBOCK, TEXAS CHANGE ORDER NUMBER: 13 TO (Contractor) (Fifth Change Order to Part I) PAGE & WIRTZ ARCHITECT'S PROJECT NO: PART I CONSTRUCTION CO. CONTRACT FOR: GENERAL CONSTRUCTION P. 0. BOX 10402 PART I - LUBBOCK MEMORIAL CENTER LUBBOCK, TEXAS 7940$ LUBBOCK, TEXAS CT You are directed to make the following changes in thisOContrac�tTE. February 8, 1974 Add three bronze plaques as detailed on the following attached drawings: PLAQUE No. 1 and PLAQUE No. 2 Sheet 1 of 2 dated 2 February 1976 PLAQUE No. 3 Sheet 2 of 2 dated 2 February 1976 -----The-three plaques will be located as directed by the Architect. ----------------------- The original Contract Sum was ------_-__ __ __ ___ Net change by previous Change Orders - ---$8,97 ,043.03 The Contract Sum prior to this Change Order was ------- $ 57'043.03 The Contract Sum will be $9>051,895.03 The new Contract Sum including ethis )ChangelOrder will Change rber9,1,328. 003 The Contract Time will be (unchanged) by The Date of Completion as of the date of this Change Order therefore is April 2. 1977 THE ARCHITECTS GROUP 1704 - 14th Street Lubbock, Texas 70401 /s/ E. Paul King June 14, 1976 CITY OF LUBBOCK P. 0. Box 2000 Lubbock, Texas 79457 /s/ Roy Bass, Mayor June 24, 1976 76-35-246-477 The City Council considered the request of Southwest Airlines to the Texas Aeronautics Commission (39) for service into Lubbock. It was the consensus of the City Council to hold this item until th July 8 City Council meeting. the 76-35-246-478 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried Mayor (40) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. ow- PAGE AND WIRTZ CONSTRUCTION COMPANY P.O. Box 10402 Lubbock, Texas 79408 /s/ Glenn H. Thomson .Tune 14, 1976 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 REAL ESTATE CONTRACT for the purchase of real estate 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 here- in in detail. Passed by the City Council this 24th day of June, 1976. ATTEST: /s/ Ro Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer . il 247 JUN 2'4 ' 19i 6= APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT OF SALE This is a -contract whereby AUTO REALTY CO., INC., acting herein by and through its duly authorized officers, HARRY MORRIS AND GEORGE E. MORRIS, herein called seller, agree to sell to the City of Lubbock, Texas, a municipal home -rule corporation, herein called Buyer, who agrees to purchase, upon the terms and provisions, hereof, the following described real property in its present condition situated in Lubbock, County, Texas, to -wit: All of Lots 1 through 10, Block 72, Original Town of Lubbock, Lubbock County, Texas; All of Lots 5 through 14, 18 and 19, Block 71, Original Town of Lubbock, Lubbock County, Texas; All of Lots 17 and 18, Block 72, Original Town of Lubbock, Lubbock County, Texas; All of Lots 16, Block 72, Original .Town of Lubbock, Lubbock County, Texas; The total sale price is SIX HUNDRED THOUSAND DOLLARS ($600,000), payable as follows: 1. The sum of FORTY THOUSAND DOLLARS ($40,000) in cash to be paid to Seller by Buyer on or before the date of closing. 2. The execution and delivery by Buyer of Buyer's one certain non-negotiable promissory note in the principal sum of FIVE HUNDRED SIXTY THOUSAND DOLLARS ($560,000) dated as of the date of closing and payable to the order of Seller, BEARING NO INTEREST, but said note to be payable in fourteen (14) annual installments of FORTY THOUSAND DOLLARS ($40,000) each, the first of said installments to be paid on or before September 1, 1977, in the amount of FORTY THOUSAND DOLLARS ($40,000) and a like installment payment to be due and payable on or before the 1st day of September of each year thereafter, for a period of fourteen (14) years and until the full amount of the note is paid. The Note to be executed by Buyer hereunder shall be non-negotiable and secured by a Vendors Lien and Deed of Trust with power of sale upon said property and with the usual covenants and provisions as to taxes, hazard insurance, acceleration of maturity on account of default and for attorneys' fees and such Note and Deed of Trust with the Trustee named by Seller, are to be upon current forms of the State Bar of Texas or at Seller's election upon forms meeting the approval of the hereinafter named attorneys. The furnishing of such Note and Deed of Trust and the re- cording thereof shall be at the expense of Buyer. Seller is to furnish Buyer a complete Abstract Title to the above described property with tax certificates showing no deliquent taxes (current taxes, insurance, and rents, if any, to be reported to day of closing). A General Warranty Deed to be recorded at Buyer's expense, convey- ing good and marketable title subject only to any liens to be created or assumed hereunder and the follows: 1. Present restrictions, if any, against the property. 2. Existing building and Zoning Ordinances, if any. The Abstract of Title to be furnished to Buyers shall be certified by a reputable abstractor or abstractors to a current date and delivered to Buyer within fifteen (15) days from date hereof, and Buyer shall have thirty (30) days from the date of receipt thereof within which to have the Abstracts examined and a written report made thereon, a copy of which report shall be delivered to Seller within that time, pointing out any objections to title made by buyer, and no objection thereto shall be considered unless so pointed out. If no valid objections to the title are so pointed out, the sale is to be closed not later than September 1, 1976. If any valid objections to the title are so pointed out, --Seller shall have a reasonable time, not exceeding 120 days from the date of delivery to Seller of the written report pointing out the objections to title, in which to cure and remove such objections and close the sale. Time is of the essence of this Contract. Upon failure of Buyer to comply herewith, Seiler may at its option enforce specific perfor- mance. If title is found objectionable and is not cleared within the time herein provided, or ` upon failure of Seller to comply herewith for any other reason, Buyer may either enforce specific performance hereof or seek such other relief as may be provided by law. The hydraulic lifts located upon the above described property and located within one of the buildings upon the above described property belong to the present tenant. If the lifts are removed from the premises by the tenant, it is agreed that the floor shall be restored by Seller and be delivered in a normal condition. This contract shall be closed and possession delivered on or before Spetember 1, 1976, unless Seller is unable to secure possession from the present tenant. Seller contracts and agrees that it will use due diligence in securing possession from the present tenant in order to deliver possession to Buyer herein on or before September 1, 1976. Executed in Multiple copies this 22nd day of June, 1976. _ y 248 3UN 2 4 1976 SELLER: ATTEST: AUTO REALTY CO., INC. /s/ Hary Morris, President /s/ George E. Morris, Secretary CITY OF LUBBOCK, TEXAS ATTEST: /s/ Roy Bass, Mayor /s/ Treva Phillips APPROVED: /s/ Fred 0. Senter, Attorney for the City of Lubbock /s/ Charles L. Waters, Attorney for AUTO REALTY CO., INC. 76-35-248-479 The following bids were received for the purchase of miscellaneous electric items for Warehouse Stock, being Bid No. 3921. (43) Bid Tabulation set in Bid Book. After consideration of all bids received, 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 bid of General Electric Supply Co. for the purchase of Items 1 and 2; accept the bid of Nunn Electric Supply Corporation, for the purchase of Item 3; accept the bid of Westinghouse Electric Supply Co. for the purchase of Item 4. 76-35-248-480 The following bids were recieved for the purchase of cast iron fittings for Warehouse Stock, (44) being Bid No. 3922. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 bid of Industrial International Inc., for the purchase of cast iron fittings for Warehouse stock. 76-35-248-481 The following bids were recieved for the purchase of tax forms for the City and School Tax Depart- (45) ment, being Bid No. 3914. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 bid of Data Documents for the purchase of tax forms for the City and School Tax Department. 76-35-248-482 The following bids were received for the purchase of a tree spade for the Park Department, being (46) Bid No. 3920. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 bid of Bales Equipment Corporation for the purchase of a tree spade for the Park Department. 76-35-248-483 The following bids were received for the purchase of ammunition, reloaded, for the Police Depart- (47) ment, being Bid No. 3923. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 bid of The 3-D Company, Inc., Doniphan, Nebraska, for the purchase of ammunition for the Police Department. 76-35-248-484 The following bids were received for the purchase of a 100' aerial truck for the Fire Department, (48) being Bid No. 3937. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Seagrave Fire Apparatus Inc., Clintonville, Wisconsin, for the purchase of an aerial truck for the Fire Department. Payment for this aerial fire truck is to come from Entitlement Period No. 7, Revenue Sharing Fund. 76-35-248-485 The following bids were received for the purchase of 2,700 3 cubic yard side loading containers (50) for Public Works, being Bid No. 3919. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept alternate option #2 in the amount of $486,324 from Duncan Equipment Company, Arlington, and authorize the first and second deduct only. 249 JUN 2 4 1976 76-35-249-486 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 to appoint Rev. E. C. Aldape, Carl Cannon, Milt Smith, John Kreiger and Joe Phillips to the Lubbock Public Transit Advisory Board. 76-35-249-487 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (52) Bass, Councilman West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Dr. Bryce Campbell, Roy Middleton, Betty Anderson, E. C. Leslie, Hector de Leon, Ray Crawford,.Ken Abraham, Roy Roberts, Wayne Hollinshead and Winifred Vigness to the Citizens Advisory Committee. These terms are for an indefinite period of time. 76-35-249-488 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (53) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Charles Kennedy, David Beseda, and Glad Norman to the Lubbock Citizens' Traffic -Commission. These terms are for three years and will expire July 13, 1979. 76=35-249-489 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (54) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Bill Tucker to the Tax Board of Equalization to replace Lee Coil who was unable to serve. 76-35-249-490 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (55) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint John Mallory to the Electric Utility Board. This term is for four years and will expire June 20, 1980. 76-35-249-491 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (56) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7290 on first reading. ORDINANCE NO. 7290 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY CHANGING SUBSECTION 28-52(D) THEREOF SO AS TO EXPAND REQUIREMENTS FOR CURB RAMPS FOR USE OF HANDICAPPED PERSONS IN MANUAL OR MOTORIZED WHEEL CHAIRS; PROVIDING A SAVINGS CLAUSE; PRESCRIBING A PENALTY; AND PROVID- ING FOR PUBLICATION HEREOF AS PROVIDED BY LAW. 76-35--249-492 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (57) Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. Councilman West abstained from voting on this item. RF.g0T.TTTT0N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock, BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a JOINT USE AGREEMENT for electrical transmission pole facilities between SOUTHWESTERN PUBLIC SERVICE COMPANY, a Public Utility Corporation and said City, 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 24th day of June, 1976. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Isl Fred_O.Senter, Jr. Fred 0. Senrer, Jr., City Attorney THE STATE OF TEXAS X COUNTY OF LUBBOCK /s/ Roy Bass ROY BASS, MAYOR JOINT USE AGREEMENT CITY OF LUBBOCK FACILITIES INSTALLED ON SOUTHWESTERN PUBLIC SERVICE COMPANY POLE LINE THIS AGREEMENT, made and entered into this 12th day of May, 1976, by and between the CITY OF LUBBOCK, a municipal corporation, Lubbock, Texas, acting by and through the duly authorized Mayor, Roy Bass, hereinafter called CITY, and SOUTHWESTERN PUBLIC SERVICE COMPANY, a corporation incorporated under the laws of the State of New Mexico, hereinafter called COMPANY, W I T N E S S E T H: For and in consideration of the sum of ONE DOLLAR ($1.00) to it cash in hand paid, the receipt of which is alreadyacknowledged, certain of its facilities hereinafter described attached to the pole or poles of COMPANY, hereinafter described, and to thereafter maintain such facilities, sub- ject to the terms and conditions hereinafter set forth: I. The location of pole line is set forth in an exhibit hereto attached and made a part hereto, and the portion of said line to be owned and used by the CITY is identified as the bottom circuit consisting of crossarms, attachments, conductors, transformers, guying and capacitor installa- 250 jU% 2 4 1976 tions on COMPANY'S poles and pole line beginning at a substation in Bailey County, Texas, located on the South side of U. S. Highway 84, approximately one mile Northwest of where said highway crosses the Lamb -Bailey county line; thence northeasterly to the South central part of Labor 4, League 219 of Lamb County, Texas; Thence in an easterly direction to the approximate center of Labor 1 of said League 219, and such facilities are presently attached in accordance with COMPANY'S distribution construction standards and which shall continue to be attached in accordance with COM- pANY'S construction standards for this type of construction as shown on the attached Exhibit marked No. 4058-F-1.3. Upon request COMPANY shall furnish to CITY the appropriate COMPANY'S distribution construction standards free of charge. The CITY shall apply to the COMPANY'S Lubbock office for these standards. CITY shall be permitted, if it so desires, to have lighting devices and attachments on the poles without costs or fees on the part of COMPANY. II. Materials, apparatus and attachments supplied by CITY and attached to the poles of COMPANY shall remain the property of CITY, and CITY shall have the right to remove same at any time it desires, but no additional apparatus shall be attached to the poles of COMPANY without the consent and approval in writing by COMPANY of the apparatus, plans and specifications for attachment obtained prior to such installation. Attachment requests by CITY to COMPANY shall not be arbitrarily denied without due negotiations and permission or denial on the part of COMPANY shall be so stated in writing. CITY attachments agreed by the parties as feasible shall be made by the CITY employees without charges or fees assessed by COMPANY, except where such work shall require construction work or expenditures on the part of COMPANY. If COMPANY shall, at any time, replace or abandon its poles to which facilities of CITY are attached hereunder, it shall give written notice to CITY not less than sixty (60) days in advance of replacement or abandonment, such notice to be given either by a letter addressed to CITY and deposited in the United States Mail or by leaving such notice at the office of the Mayor at the City Hall in Lubbock, Texas, and within sixty (60) days from the date of such notice COMPANY, shall have the right to replace or abandon such poles. In the event that CITY desires to acquire ownership of said pole line, it shall pay to COMPANY the replacement cost less deprecia- tion of the materials as reflected by COMPANY'S standard depreciation schedule. In the event of storm damages or in the event of any other unforeseen damages to COMPANY's facilities, the COMPANY reserves the right to make the necessary replacement or repairs without notice to CITY. In the event of the replacement of a pole "without notice", COMPANY shall repair and/or reinstall to energized service all crossarms, insulators, guys, and conductors belonging to CITY and shall immediately notify CITY by the next regular working day. Reimbursement shall be mutually agreed upon by assessment from both parties. In the event that COMPANY or CITY does make emergency repairs to the other party's facilities and fails to notify the other party within thirty (30) calendar days, no charges may be assessed for this work. CITY will repair and maintain its transformers, secondary services, capacitors and related fusing devices. IV. It is agreed and understood that CITY, at its own expense, shall, at all times, install, maintain and operate the facilities attached to the poles hereunder in the manner prescribed by the then current issue of the National Electric Safety Code. EPach party shall ground its devices as required by the Code and such grounds shall be available as a common ground to either party. In the event CITY fails to install, maintain and operate its facilities attached to COMPANY poles hereunder in the manner prescribed by the then current issue of the National Electric Safety Code, COMPANY shall have the immediate right to cancel this agreement and to require that CITY remove its facilities from such poles. In any of such events, if CITY fails to remove its facilities from such poles, COMPANY shall have the right to remove them without incurring liability of any nature whatsoever to any person whomsoever. Cancellation by COMPANY shall not be effected without due written notice to CITY of the intention to cancel by COMPANY. V. COMPANY shall not, in any case, be held liable for damage or claims for damage to any person or persons, including employees of CITY, arising from or growing out of the attachment of such facilities of CITY to COMPANY poles as provided herein, or arising from or growing out of the construction, operations or maintenance of such facilities. CITY further agrees to hold COMPANY harmless for any and all damages and claims for damages to persons and property, including employee of CITY, by reason of the attachment, installation, construction, maintenance or operation of the facilities of CITY attached to the poles of COMPANY hereunder. IN TESTIMONY WHEREOF, the parties hereto have cause these presents to be executed in dupli- cate on the day and year first above written. ATTEST: /s/ Treva Phillips, City Secretary ATTEST: /s/ Coyt Webb, Assistant Secretary CITY OF LUBBOCK /s/ Roy Bass, Mayor APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney SOUTHWESTERN PUBLIC SERVICE COMPANY /s/ W. R.Esler, Vice President 251 JUN 2 44y1976 S 76-35-251-493 Charles Horton and Billy Morris of Technical Coatings, Inc., appeared before the City Council (11) requesting a guarantee that water will be available to fight fires, so they can rebuild their plant which was recently destroyed by fire. Tom Foster, Fire Chief, stated that the Technical Coatings property was .6 mile from a fire plug. The possibility of annexation of this land was discussed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to grant the request for water extension service, subject to annexation, and instruct the City Attorney to proceed with work on annexation as soon as possible; the Staff is to work with the people from Technical Coatings with this item to be placed on the agenda for reconsideration at the next regular council meeting, July 8. 76-35-251-494 The City Council considered submitting application for Community Impact Program. Walter Goodgion, (36) Traffic Safety Coordinator, appeared before the City Council and presented his recommendations. After consideration of all information presented, it was the consensus of the Council to hold this item until the July 8 City Council meeting. 76-35-251-495 Larry Cunningham, Assistant City Manager, discussed the implementation of a Fleet Car Plan for (41) the Police Department and financing for such a plan. PROPOSED FINANCING OF POLICE FLEET PLAN 1976-1977 Buy 97 NEW ADDITIONAL Cost: $155,000 (Regular Replacement) $175,000 (Loan from Other Funds) $330,000 TOTAL COST TO POLICE BUDGET 1977-1978 1978-1979 1979-1980 1980-1981 Replace 32 old or Replace 49 of NEW Replace 48 of existing (2 yrs.) NEW (3 Yrs.) Cost: $155,000 (Estimate for 32) $175,000 (Repay Loan) $330,000 TOTAL POLICE BUDGET Cost: $245,000 Estimate for 49) $175,000 (Repay Loan) Cost: $240,000 TOTAL POLICE BUDGET $420,000 TOTAL POLICE BUDGET Replace 1/3 of Total Fleet of 129 vehicles or 43 vehicles. TOTAL COST: $215,000 Replace 1/3 of Total Fleet of 129 Vehicles or 43 vehicles Mr. Cunningham stated it would be his recommendation that financing of this plan be through "inter -fund" loan and that the City Council pass a Resolution of Intent to make sure money is paid back to the fund from which it is borrowed so that there will be no misunderstanding in the future. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the recommendations of the City Manager to purchase the cars, financing over a period of 3 years (1/3 each year) and authorize advertisement for bids. 76-35-251-496 The City Council considered the claim of Frances Terrazas against the City of Lubbock. (42) After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. PT?COT .TTTTf)V BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City an agreement with Employers Casualty Company defining the responsibility of said Company with respect to the Claim of Frances Terrazas against the City. Copy of same shall be spread upon the minutes of this Council, and as so spread is hereby made a part hereof. Passed this 24th day of June, 1976. Attest: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer Approved as to form: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Atorney /s/ Roy Bass ROY BASS, MAYOR NON -WAIVER AGREEMENT It is hereby agreed by and between Employers Casualty Company and the undersigned that no action heretofore or hereafter taken by the Employers Casualty Company shall be construed as a waiver of the right, if any, of the Employers Casualty Company to deny liability to the under- signed under a policy of insurance which is claimed by the undersigned to cover an accident to Frances Terrazas which occurred on or about 5-5-76 at or near Lubbock, Texas. It is also agreed that by the execution of this agreement the undersigned does not thereby waive any rights under the said policy. Signed at Lubbock, Texas this 18th day of June, 1976. CITY OF LUBBOCK, TEXAS /s/ Rov Bass, Mavor 252 JUN 2 4 1976 APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney Signed at Lubbock, Texas this 24th day of June, 1976. EMPLOYERS CASUALTY COMPANY 76-35-252-497 The City Council considered the claim of Jessye Carter, Jr., for personal injuries. After con- (42a) sideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 76-35-252-498 The City Council considered the request of Mr. Irvin Welch to pave a portion of 35th Street (28) east of Avenue Q and for head -in parking. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed authorizing a Street Use License to Mr. Welch for the use of this street. RRg0T.1TTT(1M BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby autharized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of IRVIN WELCH, attached here- with 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 24th day of June, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK I /s/ Roy Bass _ ROY BASS, MAYOR STREET USE LICENSE This indenture made this 24th day of June, 1976, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and IRVIN WELCH, 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 parking lot for the parking of LICENSEE'S business vehicles and vehicles of custo- mers of LICENSEE so long as said parking complies with Zoning, Subdivision, and Building Regula- tions of the CITY OF LUBBOCK in and upon the following described portion of dedicated public street, to -wit: A portion of 35th Street adjacent to the North side of Lot 2, McDonald Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Northwest corner of Lot 2, McDonald Addition; THENCE North 10°18'54" East a distance of 25.41 feet; THENCE East a distance of 51.25 feet; THENCE South a distance of 25.00 feet to the Northeast corner of said Lot 2, McDonald Addi- tion; THENCE West a distance of 55.80 feet to the PLACE OF BEGINNING. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years with- out renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, address- ed to LICENSEE at P. 0. Box 622, Lubbock Texas. If the remainder of 35th Street is dedicated adjacent to the portion hereinabove described, the CITY OF LUBBOCK may cancel this license in like manner in its discretion. 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 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 253 JUN 2 4 1976 improvements and th enter possession, e expense incurred and remove or cause to be removed such imp shall be assessed against LICENSEE for which LICENSEE shall be liable• uch rant the sum of a to the CITY OF LUBBOCK as a compensation for s g 2. LICENSEE shall P200.00) DOLLARS, payable in advance contemporaneously with the execution TWO �iNDRED AND I30I100 ($ LICENSEE. and acceptance of this license by E agrees to pay all costs arising out of the ng Oflpaving,of his sidewalkseandrein 3. The LICENSE g replacement and repairing this license. granted, including but not limited to the construction as authorized by utilities of any nature occasioned by event the CITY OF LUBBOCK determines that he ex ity�nfranchised utility, or ce of such use res ed 4. In the or re -alignment of any pub lic with or causes the re-routing the CITY OF LUBBOCK or franchis or such utility, as the case may be, sanitary or storm sewer line reimbbursetthe oCITY OF LUBBOCK, ted Y expense which would have utility, LICENSEE agrees to or re-routing over and above the p 1 for its expense of ufprrL�C�NSEEnS use herein. been incurred exceptthe written 5. This license is not transferable by the LICENSEE without first receiving CITY OF LUBBOCK. consent of the City Manager of the any subject to the condition that should the LICENSa�teofrtheeconstruc- �� 6. This license is made re are or begin or completeany part tn and in that 1I right under the license herein granted and dall of the above set out Prof y' and otherwise tion as herein contemplated across any his heirs and assigns, will at all times defend, indemnify and all claims, �I event said LICENSEE, its agents, servants, and employees harmless from any hold the CITY OF LUBBOCK, of whatsoever kind or nature which demand, actions, causes of action, suits at law h it equity t of or be related to the making of this license or the construction or maintenance Il may grow Out tion, may require an agreement. with any LICENSEE to Perform the construction, repair or maintenance permitted herein, � and use permitted herein. The CITY OF LUBBOCK, at its op liability, It contractors hired by agreement will indemnify the CITY OF LUBBOCK from and against all claims, which erformance of the work to be done by such contractor air The hmainTY OF �I and expense growing out of the p ed in the construction, rep 1 LUBBOCK may further require such contractor, when engag a reliable surety wanteeing the tenance permitted herein, to furnish, w�¢acroryexpense thetsa�deCITY OF LUBBOCK, CITY OF �g .d agreement and I' bond, in an amount and in the form sate agreement with 1 performance of all the terms, covenants and conditions contained in said g faithful p ublic liability assumed by contractor in said ag a certified copy of a policy of p LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring the CITY OF payment of any such claims or demands in order to give LICENSEE I� any costs or expenses or toese or adjust the same, a reasonable opportunity olio of public liability and property II7. LICENSEE agrees and is required to furnish a policy Y Attorney � specified by, and in a form satisfactory to the City covering damage insurance, within limits policy for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said p I'1 the uses herein granted. upon and inure to provisions of this license shall be binding agents and 8. All of the covenants ale a1 representative, assigns and the duly the benefit of the successors, g t hereof by the LICENSEE, its s of the parties hereto to the same extent assidnmenect as the same are binding upon an 11 contractor parties hereto, but no g inure to the benefit of the p upon the CITY OF LUBBOCK without the consent of the successors and assigns, shall be binding p ce except as specified in Paragraph 5' CITY OF LUBBOCK in each instanand agrees that the acceptance of the uses permitted herein, understandsexpressly set 9. LICENSEE, by ossession are intended or implied except thole exprsslys permitted no interest, title or rights of p ublic way and all claims in and to the p covered herein upon ter - forth herein and LICENSEE waives any aeaceful possession of said property to use hereby and agrees to g' P mination or cancellation of license. CITY OF LUBBOCK ATTEST /s/ Ro Bass ROY BASS, MAYOR �i /s/ Treva Philli s AGREED TO AND ACCEPTED this 24th day of June, 1976. LICENSEE: IRVIN WELCH /s/ Irvin Welch APPROVED: /s/ Fred 0. Senter, Jr. I. Jr., City Attorney Fred 0. Senter, I' APPROVED: /s/ Wilford D. Watson En ineer Wilford D. Watson, City g The City Council consi dered authorizing final payment to contractor on the airport terminal build - The eared stating the nature of the construction of the new (58) ing. Jack Wirtz of Page & Wirtz, appeared that this was a common occur - air terminal building was the cause of leaks duing recent wererbeing taken care of. He stated that of this nature and that the problems ense in buildings the building was according to specifications. Yancey Jones, Architect, also appeared stating it was his opinion, also, tha, at themotbuildingon was hadby been constructed according to specifications. After considerablepayment to the contractor Councilman West, seconded by Councilman McAlister to authorize final on the airport terminal building. At this time, a substitute motion was made by Councilwoman Jordan to authorize final payment in two weeks, and in the meantime ask for an impartial observer to determine if the contractor has met his obligation under his contract. This substitute motion failed for lack of a second. After still further discussion, motion was made by Councilman Henry; 254 JUN 2 4 1976 I. seconded by Councilman McAlister to release $101,000 for the restaura check out the roof. No vote was taken on this motion. nt, but retain $5,000 and consensus of the City Council to authorize the City Manager to a on the airport terminal building, retaining the After further deliberation, it was the $ ,000, approve final payment to c 5ontractor 76-35-254-500 Glad Norman appeared before the City Council requesting traffic (10) Subdivision. Mr. Norman stated he had been working with Bill controls in Daniel, Director oDirector o f Traffic, and e Park South Mc they had agreed on the following recommendations: 1. Stop signs be installed on the right turn cut-off extension between Indiana and Indiana Drive for Southbound traffic on said cut-off extension. Yield signs existing at thos locations be removed. Avenue Right of Way 2. Stop signs be installed on Lynnhaven Avenue at 79th Street. 3. Stop signs be installed on Louisville Avenue at 79th Street. 4. Stop Signs be installed on Kenosha Drive at Knoxville Drive. 5. Stop Signs be installed on 78th Drive at Kenosha Drive. 6. Stop Signs be installed on 77th Drive at Kenosha Drive. 7. Stop Signs be installed on 76th Drive at Kenosha Drive. 8. Flashing light on 74th Place. After consideration of all information presented, motion was made b Counc' by Councilman McAlister, motion carried Y �1man West, seconded Bass, and Councilman Henry votingCouncilmen West, Jordan and McAlister voting Yea, Mayor be accepted and implemented, and that�theaciosuret the lof Indianaan presentDrive by GladNorman and Bill McDaniel At I1; studied later. 00 A.M., the City Council went into V.A.T.S. Executive Session under Section 2F Article ticle 6252-17, NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNS Meeting, June 24, 1976. D FROM Regular ATTEST: ROY BAS MAYOR Treva Phillips, Cit Secretary- reasure Tr READ AND APPROVED THIS THE 22nd day of July, 1976. ATTEST: AROYBAS, MAYOR Treva Phillips, Ci Secretary -Treasurer r