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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/8/1976255 JUL 8 197E F r r r r 76-35-255-501 (1) 76-35-255-502 (2) 76-35-255-503 li (6) REGULAR CITY COUNCIL MEETING JULY 8, 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 Councilman Alan Henry. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. Mrs. Betty Myatt appeared before the City Council representing Mrs. Edith Denison requesting waiver of interest on paving assessment on property at 3028 60th Street. Mrs. Myatt stated that a pav- ing lien was filed on this property on July 13, 1971, but Mrs. Denison did not receive any notice until 1976. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Councilman West, Jordan, Henry and Mc- Alister voting Yea, Mayor Bass voting Nay to waive this payment of this interest in the amount of $58.25. Mayor Bass asked that the City Manager, the Assistant City Manager and the Director of Finance meet to study formulation of a policy to handle these requests. 76-35-255-504 J. Q. Warnick appeared before the City Council representing the Williams Home Owners Associa- (7) tion, requesting barriers or cul-de-sacs on 60th, 61st and 62nd Streets near Slide Road. Jim Bertram, Director of Planning, and Bill McDaniel, Director of Traffice appeared and discussed the problems in this area. Becky Peterson, a home owner in this area, appeared in support of traffic barriers in this area. Reuel Nash also appeared. 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 that the City Council ask the City Staff for specific recommendations as to the kind and location of control devices to slow down traffic in this area and for this to be done as soon as possible. 76-35-255-505 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (8) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7288 on second and final reading. ORDINANCE NO. 7288 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 Improvemer The sum $10,000 For the following purpose: Part of Engineering for 1976 Major Paving Improvement Program (GWO 10922) F.R.S. 76-35-255-506 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (9) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7289 on second and final reading. 76-35-255-507 (10) 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 Improve- ment 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) 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 pass Ordinance No. 7279 on second and final reading. SEE: Ord. 7279 ZC 1916 (9/13/73) Ord. 7137 - ZC 1916-A ORDINANCE NO. 7279 (8/27/75) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK Ord. 7431 SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1916-B: CHANGE THE TRACTS OF LAND OUT OF ZC 1916-C RUSHLAND PARK ADDITION, CITY OF LUBBOCK, TEXAS AS FOLLOWS: LOTS 1-6, BLOCK 26, AND LOTS 8-14, (5/12/77) BLOCK 24 FROM R-1 SPECIFIC USE TO R-1 AND LOTS 5-8, BLOCK 26 AND LOTS 1-4, BLOCK 27 FROM A-1 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ord. 84g7 ZC 1916-D {10/13/83} C10.1 i IJ uc 8 ass 76-35-256-508 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (11) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7280 on second and final reading. ORDINANCE NO. 7280 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MARE THE FOLLOWING CHANGE: ZONE CASE NO. 2083: CHANGE THE TRACTS OF LAND OUT OF FARRAR MESA ADDITION, CITY OF LUBBOCK, TEXAS AS FOLLOWS: CHANGE THE WEST 444 FEET OF TRACT A FROM R-1 TO C-2 AND THE REMAINING OF TRACT A AND LOTS 14 AND 15 FROM R--1 TO R-2 ZONING DISTRICT; PROVID- ING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-256-509 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. 7281 on second and final reading. ORDINANCE NO. 7281 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 N0. 1033-A: CHANGE LOTS 11-20, BLOCK 15, HULIN HEIGHTS ADDITION, CITY OF LUBBOCK, TEXAS, FROM R-3 SPECIFIC USE TO C-2A ZONING DISTRICT; PROVID- ING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-256-510 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (13) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7282 on second and final reading. ORDINANCE NO. 7282 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. 2084 CHANGE LOT 1, SOUTH PLAINS CHURCH OF CHRIST ADDITION, CITY OF LUBBOCK, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-256-511 The City Council considered the passage of Ordinance No. 7283 on second and final reading, chang- (14) ing property located south of 50th Street and west of Joliet Avenue from "C-2" to "A-1" Zoning District (Zone Case No. 1209-B). Jim Bertram, Director of Planning, appeared before the City Council and presented a drawing of the angle of vision from the second story windows of the pro- posed building. Raymond Powell, proponent in this zone case also appeared. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry to pass Ordinance No. 7283 on second and final reading. After further discussion concerning set- backs, the motion and second were withdrawn. It was the consensus of the City Council to hold this item until the July 22 City Council meeting. 76-35-256-512 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7284 on second and final reading. ORDINANCE NO. 7284 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. 2085: CHANGE BLOCK 110, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-256-513 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (16) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7285 on second and final reading. ORDINANCE NO. 7285 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. 2087: CHANGE LOTS 5, 6, AND 7, BLOCK 69, OVERTON ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-2 ZONING DISTRICT; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-256-514 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (17) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7286 on second and final reading. ORDINANCE NO. 7286 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. 2088: CHANGE ALL OF BLOCKS 1, 2, 3, 4, THE NORTH 1/2 OF BLOCK 5, AND LOTS 1-8 OF BLOCK 6, JAMES HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-256-515 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. 7287 on second and final reading. ORDINANCE NO. 7287 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. 2080: CHANGE LOT 19, BLOCK 14, MERRITT-WILD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 to C-4 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 25 4 JUL: .'.8 197 F F. r r 76-35-257-516 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 set July 22, 1976, 11:00 A.M. as the date for a public hearing on annexation of land in Northwest Lubbock and authorize publication of Notice. 76-35-257-517 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. 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 sign a JOINT STATISTICAL AGREEMENT between THE BUREAU OF THE CENSUS and the CITY OF LUBBOCK, 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 8th day of July, 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 See copy of Agreement on file in the City Secretary's Office. 76-35-257-518 The City Council considered an ordinance establishing a 20 MPH speed zone on 74th Place. Bill (25) McDaniel, Director of Traffic, appeared before the City Council and discussed the traffic problems in this area. Mrs. Kay Lowe, a home owner in this area, appeared supporting stop signs instead of a 20 MPH speed zone. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman West, motion carried, Councilmen West, Jordan, Henry and McAlister voting Yea, Mayor Bass voting Nay to install stop signs on both sides of a crosswalk where 74th Street and Memphis Drive come together. 76-35-257-519 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 pass Ordinance No. 7291 as an emergency. Bill McDaniel, Director of Traffic, appeared in regard to this item. ORDINANCE NO. 7291 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JULY 8, 1976 BETWEEN THE STATE OF TEXAS AND THE CITY OF LUBBOCK, FOR THE INSTALLATION, CONSTRUCTION EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT(S) AT THE LOCATIONS) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF LUBBOCK; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. STATE OF TEXAS I COUNTY OF TRAVIS I This AGREEMENT, dated this 8th day of July, 1976, by and between the State of Texas, here- inafter called the "State," Party of the First Part; and the City of LUBBOCK, LUBBOCK County, Texas, acting by and through its duly authorized officers under an Ordinance, passed the 8th day of July, 1976, hereinafter called the "City," Party of the Second Part, made to become effec- tive when fully executed by both parties: W I T N E S S E T H: WHEREAS, the City has authorized the installation of highway traffic signal(s) by Ordinance passed on the 8th day of July, 1976, at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof. A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install said highway traffic signal(s), and supervise construction. 2. The City hereby consents to the construction of the highway traffic signal(s) shown EXHIBIT 1 by the approval of the location and manner of construction as shown on the plans and described in the specifications. 3. The City will operate and maintain the highway traffic signal(s) upon completion of the installation(s) by the State. 4. The City will pay all power costs for operating the signal(s). 5. The City will obtain written approval of the State Department of Highways and Public )58 J L . 8 1975 Transportation before making any changes in the design of operation and timing of the signal(s) or before removing any part of the installation(s). 6. The City Will return any and all parts of said highway traffic signal installation(s) to the State should it (they) be removed by the City for any reasons other than for installation on a State or Federal numbered highway route at a location approved by the State. 7. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 8. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreements and/or Contracts between the City and the State, this Agreement shall take precedence over the other Agreements and/or Contracts. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in tripli- cate on the dates shown hereinbelow. ATTEST: /s/ Treva Phillips APPROVED AS TO FORM: General Attorneys for the City Executed on behalf of the City this 8th day of July, 1976. By: /s/ Roy Bass Mayor THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway And Public Transportation Commission: Executed on behalf of the State this day of , 1976. By: Chief Engineer of Maintenance Operations RECOMMENDED FOR APPROVAL: District Engineer Engineer of Traffic 76-35=258-520 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (27) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7292 on first reading. ORDINANCE NO. 7292 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF BROWNFIELD ROAD, 4TH SPREET AND PARKWAY DRIVE, 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 PUBLICA- TION HEREOF, AND A PENALTY CLAUSE. 76-35-258-521 NOTICE (22) OF CITY COUNCIL HEARING NOTICE is hereby given to all interested persons as provided by law, that the City Council will hold a public hearing on the 8th day of July, 1976 at 9:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Plan- ning and Zoning Commission that the Zoning Ordinance 7084 be amended to amend Sections of said Zoning Ordinance as described below; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance will be amended in accordance with such recommendation: I. Present Wording ("R-1" zone) Section 6.9 Lot Coverage - The combined area of all buildings shall not exceed forty (40) percent. ("R-2" zone) Section 7.9 Lot Covera e - The Combined area of all buildings shall not exceed forty (40) percent. Proposed Wording Section 6.9 Lot Coverage - The combined area of all buildings shall not exceed forty (40) percent; except that unenclosed porches and permitted accessory buildings may cover an additional 5 percent. Section 7.9 Lot Coverage - The combined area of all buildings shall not exceed forty (40) percent except that unenclosed porches and permitted accessory buildings may cover an additional 5 percent. 2. 23.3-24 Mini -warehouses in "C-4", subject to the following as minimum conditions: 4. . 1) Limited to single -story structures 2) Individual lease spaces shall not exceed 250 square feet. 3) Use shall be restricted to storage of goods which are not explosive, highly flammable, or produce noxious odors. 2, _--... JUL i 4) No mini -warehouse development lot shall abutt a street which is the boundary of an abutting "R--1" or "R-2" zone. 5) A six foot solid wood or masonry fence shall be erected and permanently maintained adjaceent to any residential zone. II 6) The mini -warehouse structures, when visible from any residential parcel, or the i; fronting street of a commercial zone, shall be constructed of material which is comparable in texture, color and quality to adjacent buildings in commercial d zones. Such detail shall be specified on the site plan. 7) Landscaping and set -back requirements in "C-4" zone shall be met as a minimum requi ment . I /s/ Treva Phillips City Secretary In accordance with the above Notice of City Council Hearing, hearing was held on proposed amendment to Zoning Ordinance No. 7084 to change Section 6.9 regarding lot coverage in "R-1" zone, to change Section 7.9 regarding lot coverage in "R-2" zone, and to add Section 22.3-24 to allow mini J warehouses in "C-4" zone subject to conditions. Mayor Bass called for proponents and opponents to appear before the City Council. Jim Bertram, Director of Planning, presented the recommenda- tions of the Planning and Zoning Commission. Henry Huneke, representing the Home Builders Associa- tion, appeared before the City Council complimenting the Staff on the way in which they worked i, with the Home Builders Association on these proposed amendments. No one else came forward; where- upon, Mayor Bass announced that the hearing was closed. After consideration 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 pass Ordi- nance No. 7293 on first reading amending Ordinance No. 7084 as set out in the above Notice with the exception that under Section 23.3-24 Item No. 3 be changed to read "The storage of goods which are explosive, highly flammable, or produce noxious odors shall be prohibited"; Item 5 be changed to read "A six foot solid masonry fence, or the equivalient, shall be erected and permanently maintained adjacent to any residential zone"; and that Item 8 be added, reading "Any person, firm or corporation owning or operating the subject property failing to comply with the above conditions shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed $200 and each and everyday's violation thereof shall constitute a separate and distinct offense. The failure of any corporation owning or operating the subject property to comply with any of the above conditions shall render the President, Vice -President, General Manager, Local Manager and Local Agent liable to the penalty prescribed in this Section." ORDINANCE N0. 7293 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY AMENDING SECTION 6.9 THEREOF GOVERNING LOT COVERAGE; AMENDING SECTION 7.9 GOVERNING LOT COVERAGE; ADDING A NEW SECTION 23.3-24 GOVERNING MINI -WAREHOUSES IN THE "C-4" DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-259-522 NOTICE (21) OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 8th day of July, 1976, at 9:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendation of the Planning and Zoning Commission that the zoning district of the property herein described be changed and at which time and place all inter- ested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommenda- tion: ZONE CASE #1579-A - Request of Hulen Penney for a Specific Use Permit Zone Change, under pro- visions of Section 22.3-23 of the Zoning Ordinance, for Mini -warehouses on Lots 10 and 11, Block 1, Hilton Addition, City of Lubbock, Lubbock County, Texas. (Located North of 46th Street and about 145 feet East of Avenue Q.) I The Planning and Zoning Commission recommended to the City Council that this request be granted as C-4 Specific Use Mini -warehouses, subject to the following minimum conditions: 1. Limited to single -story structures 2. Individual lease spaces shall not exceed 250 square feet. 3. Use shall be restricted to storage of goods which are not explosive, highly flam- mable, or produce noxious odors. 4. No mini -warehouse development lot shall abutt a street which is the boundary of an abutting "R-l" or "R-2" zone. 5. A six foot solid wood or masonry fence shall be erected and permanently maintained adjacent to any residential zone. 6. The mini -warehouse structures, when visible from any residential parcel, or the fronting street of a commercial zone, shall be constructed of material which is comparable in texture, color and quality to adjacent buildings in commercial zones. Such detail shall be specified on the site plan. 7. Landscaping and set -back requirements in "C-4" zone shall be met as a minimum require i ment. /s/ Treva Phillips, City Secretary In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 1579-A - Request of Hulen Penney for a Specific Use Permit Zone Change under provisions of Section 2.3-23 of the Zoning Ordinance for mini warehouses on property located north of 46th Street and about 145' east of Avenue Q. The Planning and Zoning Commission recommended that this request be granted as "C-4" Specific Use Mini Warehouses subject to the conditions set out in Section 23.3-24 of the Zoning Ordinance. Mayor Bass called for proponents and opponents to appear before the City Council. Earl Penney appeared in support of this zone change request. Jim Bertram, L 8 1976 Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After con- sideration 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 uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7294 on first reading. ORDINANCE NO. 7294 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1579-A: CHANGE LOTS 10 AND 11, BLOCK 1, HILTON ADDITION, CITY OF LUBBOCK, TEXAS, FROM C-4 TO C -4 SPECIFIC USE PERMIT; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. i-35-260-523 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (28) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve highway plans for Avenue A from 46th Street to North Loop 289 and authorize advance deposit from Entitlement 7 Revenue Sharing funds in the amount of $12,640 for construction of east curb and gutter from 32nd Street to 22nd Street which is the City's cost. i-35-260-524 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (32) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7295 on frist reading. ORDINANCE NO. 7295 AN PPROPRIATION 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: Water Capital Project Fund The sum $14,170.70 For the following purpose: Construction water lines ahead of 1976 paving program. -35-260-525 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7296 as an emergency measure. ORDINANCE N0. 7296 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sewer Bond Fund The sum $1,321.93 For the following purpose: Construct sanitary sewer lines ahead 1976 paving program. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is delcared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate council meetings be dispensed with; and this ordinance shall be effective from the date of its passage. -35-260-526 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (36) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION 0 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: 0 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 0.553 acres of land out of a 3.33 acre tract in the South half of the Southwest one -quarter of Section 8, Block A, Lubbock County, Texas. Said 3.33 acres was conveyed to Genita Harris, a femme sole, by D. C. Krauter by Deed dated January 10, 1973 and recorded in Volume 1329, Page 525, Deed Records, Lubbock County, Texas and by Divorce proceeding 261 JUL 8 1976 Number 71166, Court Records, Lubbock County, Texas. Said 0.553 acres are more particularly described by metes and bounds as follows: BEGINNING at a point on the West Boundary Line of Section 8, Block A, which bears South 88° 4'29" East, a distance of 5,280.00 feet, thence South 1°54'42" West, a distance of 3,992.60 feet from the Southwest Corner of section 10, Block A, said point is also the Northwest Corner of said 3.33 acre tract and also being the common boundary line and the Southwest corner of a tract of land owned by American Bank of Commerce, Wolfforth, Texas; THENCE South 88°5'18" East, along the North Property Line of said 3.33 acre tract, a distance of 51.20 feet to a point in a 5,674.5780 foot radius curve, at which point, tangent to said 5,674,5780 foot radius curve, bears South 0°41'24" West; THENCE around said 5,674.5780 foot radius curve, an arc distance of 49.84 feet to a point, the end of said 5,674.5780 foot radius curve, center to said 5,674.5780 foot radius curve bears South 89048'48" East, a distance of 5,674.5780 feet; THENCE South 0011'12" West, a distance of 370.34 feet to a point in the South Property Line of said 3.33 acre tract; said point being a common property line with Shirley Wooten; THENCE North 8805'18" West, along the South property Line of said 3.33 acre tract, a distance of 63.62 feet to a point in the West Boundary Line of Section 8, Block A; THENCE North 1°54'42" East, along the West Boundary Line of Section 8, Block A, a distance of 420.00 feet to the PLACE OF BEGINNING containing 0.553 acre of which approximately 0.270 acre is in an existing road. SECTION 2. THAT the owners of said land including Genita Harris be offered through the Right - of -Way Department of the City of Lubbock the amount of $3224.00, 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 8th day of July, 1976. ATTEST: /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ ROY BASS Roy Bass, Mayor 76-35-261-527 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (37) Councilman 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, 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 0.211 acre of land, more or less, out of a 1.11 acre tract of land in the Southwest 1/4 of Section 8, Block A, Lubbock County, Texas. Said 1.11 acre tract was conveyed to Shirley Wooten by Ken L. Austin by Deed dated March 15, 1971 and recorded in Volume 1261, page 534, Deed Records of Lubbock County, Texas. Said 0.211 acre is more particularly described by metes and bounds as follows: BEGINNING at a point on the West Boundary line of Section 8, Block A, said point is the North- West corner of said 1.11 acre tract and bears South 88°41'29" East, a distance of 5,280.00 feet, thence South 1°54'42" West, a distance of 4,412.60 feet from the Southwest corner of Section 10, Block A; said point also being the common boundary line and Southwest corner of a Tract of land owned by Genita Harris. THENCE South 8805'8" East along the North property line of said 1.11 acre tract, a distance of 63.62 feet to a point; THENCE South 0°11'12" West, a distance of 140.06 feet to a point in the South property line of said 1.11 acre tract said South property line being the common boundary line with Rosa Ortega Griffis. y THENCE North 8805'18" West along the South property line of said 1.11 acre tract, a distance of 67.84 feet to a point on the West boundary line of Section 8, Block A; THENCE North 1°54'42" East along the West boundary line of Section 8, Block A, a distance of 140.00 feet to the PLACE OF BEGINNING, containing 0.211 acre of which approximately 0.090 acre is in an existing road. SECTION 2. THAT the owners of said land including SHIRLEY WOOTEN, BE offered through the Right - of -Way Department of the City of Lubbock the amount of $1,113.00, 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 8th day of July, 1976. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Sent_er, Jr._ Fred 0. Senter, Jr., City Attorney /s/ ROY BASS Roy Bass, Mayor 76-35-262-528 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (38) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. 111DWelffiftaflIN 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 containingO.225 acre of land, more or less, out of a 1.00 acre tract of land in the South half of the Southwest one -quarter of Section 8, Block A, Lubbock County, Texas. Said 1.00 acre tract was conveyed to Rosa Ortega Griffis by Carl D. Pulliam and wife, Jo Ann, by Deed dated August 31, 1970 and recorded in Volume 1243, page 583, Deed Records, Lubbock County, Texas. Said 0.225 acre of land is more particularly described by metes and bounds as follows: BEGINNING at a point on the West boundary line of Section 8, Block A, said point is the North- west corner of said 1.00 acre tract and bears South 8804'29" East, a distance of 5,280.00 feet, thence South 1°5442" West, a distance of 4,552.60 feet from the Southwest corner of Section 10, Block A; said point also being the common boundary line and Southwest corner of a tract of land owned by Shirley Wooten. THENCE South 88°5118" East along the North property line of said 1.00 acre tract, a distance of 67.84 feet to a point; THENCE South 0011'12" West, a distance of 140.06 feet to a point in the South property line of said 1.00 acre tract; said South property line being the common boundary line with Robert W. Berry. THENCE North 88°5118" West along the South property line of said 1.00 acre tract, a distance of 72.06 feet to a point on the West boundary line of Section 8, Block A; THENCE North 1°54'42" East along the North boundary line of Section 8, Block A, a distance of 140.00 feet to the PLACE OF BEGINNING, containing 0.225 acre of which approximately 0.090 acre is in an existing road. SECTION 2. THAT the owners of said land including ROSA ORTEGA GRIFFIS be offered through the Right -of -Way Department of the City of Lubbock the amount of $1,302.00, 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 8th day of July, 1976. ATTEST: /s/ ROY BASS /s/ Treva Phillips Roy Bass, Mayor Treva Phillips, City Secretary -Treasurer 2 JUL . 8 1 F r APPROVED AS TO FORM: /s/ Fred 0. Senter.rJr. Fred 0. Senter, Jr., City Attorney 76-35-263-529 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry amd McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. R F g0T.TTTT0N 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 0.238 acre of land, more or less, out of a 1.10 acre tract in the South half of the Southwest quarter of Section 8, Block A, Lubbock County, Texas. Said 1.10 acre tract was conveyed to Robert W. Berry by Arthur Lee Berry and wife, Hixie, by Deed dated September 1, 1971 and recorded in Volume 1287, Page 5, Deed Records, Lubbock County, Texas. Said 0.238 acre tract is more particularly described by metes and bounds as follows: BEGINNING at a point on the West Boundary Line of Section 8, Block A, said point is also the Northwest Corner of said 1.10 acre tract and bears South 88°4'29" East, a distance of 5,280.00 feet, thence South 1054'42" West, a distance of 4,692.60 feet from the Southwest Corner of Section 10, Block A; said point also being the common boundary line and the Southwest Corner of a tract of land owned by Rosa Ortega Griffis. THENCE South 88°5'18" East along the North Property Line of said 1.10 acre tract, a distance of 72.06 feet to a point; THENCE South 0°11'12" West, a distance of 140.06 feet to a point in the South Property Line of 1.10 acre tract; said South Property Line being the common boundary line with Joel A. Austin andwife, Sonja Austin. THENCE North 88°5'18" West along the South Property line of said 1.10 acre tract, a distance of 76.27 feet to a point in the West Boundary Line of Section 8, Block A; THENCE North 1°54'42" East along the West Boundary Line of Section 8, Block A, a distance of 140.00 feet to the PLACE OF BEGINNING, containing 0.238 acre of which approximately 0.090 acre is in an existing road. SECTION 2. THAT the owners of said land including ROBERT W. BERRY be offered through the Right -of -Way Department of the City of Lubbock the amount of $1066.00, 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) pro- ceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 8th day of July, 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 76-35-263-530 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (40) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RFROUTT TON 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: A 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 0.251 acre of land, more or less, out of 1.11 acre tract of land in the Southwest 1/4 of Section 8, Block A, Lubbock County, Texas. Said 1.11 acre tract was conveyed to Joel Austin and wife, Sonja, by Blanche Austin and husband, C. A. Austin, by Deed dated December 16, 1961 and recorded in Volume 873, page 496, Deed Records, Lubbock County, Texas. Said 0.251 acre tract is more particularly described by metes and bounds as follows: BEGINNING at a point in the West boundary line of Section 8, Block A, said point is also the Northwest corner of said 1.11 acre tract and bears South 88°4'29" East, a distance of 5,280.00 feet, thence South 1°54'42" West, a distance of 4,832.60 feet from the Southwest corner of Section 10, Block A; said point also being the common boundary line and the Southwest corner of a tract of land owned by Robert W. Berry. THENCE South 8805'18" East along the North property line of said 1.11 acre tract, a distance of 76.27 feet to a point; THENCE South 0011'12" West, a distance of 36.68 feet to a point, the beginning of a 5,784.5780 foot radius curve to the right, center to said 5,784.5780 foot radius curve bears North 89°48'48" West, a distance of 5,784.5780 feet; THENCE around said 5,784.5780 foot radius curve, an arc distance of 103.36 feet to a point in the South property line of said 1.11 acre tract, at which point tangent to said 5,784.5780 foot radius curve bears South 1012'37" West; said South property line being the common boundary line with Blanche Austin and husband, C. A. Austin. THENCE North 8805'18" West along the South property line of said 1.11 acre tract, a distance of 79.57 feet to a point in the West boundary line of Section 8, Block A; THENCE North 1°54'42" East along the West boundary line of Section 8, Block A, a distance of 140.00 feet to the PLACE OF BEGINNING, CONTAINING 0.251 acre of which approximately 0.090 acre is in an existing road. SECTION 2. THAT the owners of said land including JOEL AUSTIN and wife, SONJA AUSTIN, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,260.00, 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 8th day of July, 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 5-35-264-531 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (41) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. RRS0T.TTTT0N 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 0.192 acre of land, more or less, out of a tract of land in the Southwest 1/4 of Section 8, Block A, Lubbock County, Texas. Said tract was conveyed to C.A. Austin and wife, Blanche, by E. L. Snodgrass and wife, Audrey, by Deed dated January 2, 1950 and recorded in Volume 389, page 243, Deed Records, Lubbock County, Texas. Said 0.192 acre tract is more particularly described by metes and bounds as follows: 0 0 BEGINNING at a point in the West boundary line of Section 8, Block A, said point is also the Northwest corner of said C.A. Austin tract and bears South 88°4'29" East, a distance of 5,280.00 feet, thence South 1°54'42" West, a distance of 4,972.60 feet from the Southwest corner of Section 10, Block A; said point also being the common boundary line and the South- west corner of a tract of land owned by Joel A. Austin and wife, Sonja Austin. 265 jU4 8 191.6 THENCE South 88°5'18" East along the North property line of said C. A. Austin tract, a distance of 79.57 feet to a point in a 5,784.5780 foot radius curve, at which tangent to said 5,784.5780 foot radius curve bears South 1°12'37" West; THENCE around said 5,784.5780 foot radius curve, an arc distance of 70.80 feet to a point, the end of said 5,784.5780 foot radius curve, center to said 5,784.5780 foot radius curve bears North 88°5'18" West; THENCE South 1054'42" West, a distance of 33.70 feet to a point in the South property line of said C. A. Austin tract; said South property line being the common boundary line with Kenneth L. Austin and wife, Patricia Austin. THENCE North 88°5'18" West along the South property line of said C. A. Austin tract, a distance of 80.00 feet to a point in the West boundary line of Section 8, Block A. THENCE North 1°54'42" East along the West boundary line of Section 8, Block A, a distance of 104.50 feet to thw PLACE OF BEGINNING, containing 0.192 acre of which approximately 0.067 acre is in an existing road. SECTION 2. THAT the owners of said land including C.A. Austin and wife, BLANCHE AUSTIN, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,032.00, 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 8th day of July, 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 6--35-265-532 Motion Was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (42) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. R F. g07.TTT T0N 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 0.239 acre of land, more or less, out of a 1.11 acre tract in the Southwest one -quarter of Section 8, Block A, Lubbock County, Texas. Said 1.11 acre tract was conveyed to Kenneth L. Austin by E. L. Snodgrass by Deed dated June 21, 1961 and recorded in Volume 846, Page 441, Deed Records, Lubbock County, Texas. Said 0.239 acre tract is more particularly described by metes and bounds as follows: BEGINNING at a point in the West Boundary Line of Section 8, Block A, said point is also the Northwest Corner of said 1.11 acre tract and bears South 88°4'29" East, a distance of 5,280.00 feet, thence South 1054'42" West, a distance of 5,077.10 feet from the Southwest Corner of Section 10, Block A; said point also being the common boundary line and the Southwest corner of a tract of land owned by Blanche Austin and husband, C.A. Austin; THENCE South 8805'18" East along the North Property Line of said 1.11 acre tract, a distance of 80.00 feet to a point; THENCE South 1054"42" West a distance of 130.00 feet to a point on the South Property Line of said 1.11 acre tract; said South Property Line being the common boundary line with Mary Jo Payne; THENCE North 88°5'18" West along the South Property line of said 1.11 acre tract, a distance of 80.00 feet to a point in the West Boundary Line of Section 8, Block A; THENCE North I054'42" East along the West Boundary Line of Section 8, Block A, a distance of 130.00 feet to the PLACE OF BEGINNING, containing 0.239 acre of which approximately 0.084 acre is in an existing road. SECTION 2. THAT the owners of said land including Kenneth L. Austin and wife, Patricia Austin be offered through the Right -of -Way Department of the Citv of Lubbock tbp amount of JUL .. 8 1976 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 8th day of July, 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 76-35-266-533 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (43) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. ft]:MIAMMIN 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 0.184 acre of land, more or less, out of a 1.00 acre tract in the South half of the Southwest one --quarter of Section 8, Block A, Lubbock County, Texas. Said 1.00 acre tract was conveyed to Mary Jo Payne by Joel A. Austin and wife, Sonja, by Deed dated November 28, 1969 and recorded in Volume 1220, Page 206, Deed Records, Lubbock County, Texas. Said 0.184 acre tract is more particularly described by metes and bounds as follows: BEGINNING at a point on the West Boundary Line of Section 8, Block A, which is also the North- west Corner of said 1.00 acre tract, said point bears South 88°4'29" East, a distance of 5,280.00 feet, thence South 1°54'42" West, a distance of 5,207.10 feet from the Southwest Corner of Section 10, Block A; THENCE South 8805'18" East along the North Property line of said 1.00 acre tract, a distance of 80.00 feet to a point; THENCE South 1054'42" West, a distance of 100.04 feet to a point in the South Property Line of said 1.00 acre tract, also the South Boundary Line of Section 8, Block A; THENCE North 88°3'14" West, along the South Boundary Line of Section 8, Block A, a distance of 80.00 feet to a point in the Southwest Corner of Section 8, Block A; THENCE North 1054'42" East along the West Boundary Line of Section 8, Block A, a distance of 100.00 feet to the PLACE OF BEGINNING, containing 0.184 acre of which approximately 0.064 acre is in an existing road. SECTION 2. THAT the owners of said land including Mary Jo Payne be offered through the Right - of -Way Department of the City of Lubbock the amount of $918.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate here- inabove 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) pro- ceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 8th day of July, 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 267 JUL 8 1916'' 76-35-267-534 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (44) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolu- tion be passed. I RESOLUTION I, 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 0.270 acre of land, more or less, out of a 50.787 acre tract of land out of Section 5, Block A, Lubbock County, Texas. Said 50.787 acres of land was conveyed to Litton Systems, Inc. by the City of Lubbock by Deed dated March 24, 1964 and recorded in Volume 991, Page 103, Deed Records, Lubbock County, Texas. Said 0.270 acre of land is more particularly described by metes and bounds as follows: BEGINNING at a point on the present Right -of -Way of Loop 289, said point bears North 20 00142" East, a distance of 4,008.10 feet thence South 84°33'44" East, a distance of 70.00 feet from the Southwest Corner of Section 5, Block A; THENCE North 2000'42" East, a distance of 1,190.30 feet to a point, the North Boundary Line of said 50.787 acre tract; THENCE South 8805'18" East along the North Property Line of said 50.787 acre tract, a distance of 9.89 feet to a point; THENCE South 2000'42" West, a distance of 1,190.91 feet to a point in the Right -of -Way of Loop 289; THENCE North 84033'44" West along the Right -of -Way of Loop 289, a distance of 9.91 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said land including Litton Systems, Inc., a corporation, be offered through the Right -of -Way Department of the City of Lubbock the amount of $1852.00, 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 8th day of July, 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 76-35-267-535 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (44a) 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, 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 0.322 acre of land, more or less, out of approximately 7,842 acres out of the South half of the North half of the Southwest 1/4 of Section 8, Block A, Lubbock County, Texas. Said 7.842 acres was conveyed to the American Bank of Commerce at Wolfforth, Texas by Wandering Ways Mobil Homes by deed dated November 6, 1973 and recorded in Volume 1365, page 626 Deed Records, Lubbock County, Texas. Said 0.322 acre tract is XrQ_01 i! JUL 8 1976 more particularly described by metes and bounds as follows: BEGINNING at a point on the West boundary line of Section 8, Block A, which is also the Northwest corner of said 7.842 acre tract, said point bears South 8804'29" East, a distance of 5,280.00 feet, thence South V W 42" West, a distance of 3,712.60 feet from the Southwest corner of Section 10, Block A; said point also being the common boundary line and the South- west corner of tract of land owned by Georgia Hefner; THENCE South 88°5118" East, along the North property line of said 7.842 acre tract, a distance of 49.91 feet to a point; THENCE South 1°54'42" West, a distance of 159.01 feet to a point, the beginning of a 5,674.5780 foot radius curve to the left, center to said 5,674.5780 foot radius curve bears South 88° 5'18" East, a distance of 5,674.5780 feet; THENCE around said 5,674.5780 foot radius curve, an arc distance of 121.00 feet to a point in the South property line of said 7.842 acre tract, tangent of said 5,674.5780 foot radius curve at said point bears South 0041'24" West, said point also being a common property line with Genita Harris; THENCE North 88°5'18" West, along the South property line of said 7.842 acre tract, a distance of 51.20 feet to a point in the West boundary line of Section 8, Block A; THENCE North 1°54'42" East a, along the West boundary line of Section 8, Block A, a distance of 280.00 feet to the PLACE OF BEGINNING, containing 0.322 acre of which approximately 0.180 acre is in an existing road. SECTION 2. THAT the owners of said land including AMERICAN BANK OF COMMERCE AT WOLFFORTH TEXAS, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $14:394.00 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 8th day of July, 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 76-35-268-536 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (45) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7297 on first reading. 76-35-268-537 (46) tEPEALED & SUB- ;TITUTED BY ,ESOLUTION PASSED )EC. 9, 1976 'OL. 35, Pg. 470 .TEM # 1048 ORDINANCE NO. 7297 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 - The sum $46,410.00 MENT BOND FUND GWO 10868 For the following purpose: Acquisition of Right -of -Way on Quirt Avenue, North of Loop 289 to air- port entrance. Supplement to Appropriation Ordinances Nos. 6873 of April 11, 1974, 7268 of May 1, 1976 and 7274 of June 24, 1976. 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. 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 expanding, widening, reconstruction; and realignment between 34th and 35th Streets in the City of Lubbock, Lubbock County, Texas, 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: 2fiz JUL r r r 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: TRACT 1 Description of portions of Lots 1, 2 and 3, Block 1, Jefferson Avenues Addition to the City of Lubbock, Lubbock County, Texas for realignment of Boston Avenue; BEGINNING at a point in the North line of Block 1, Jefferson Avenue Addition to the City of Lubbock, Lubbock County, Texas, said point being 42.95 feet West of the Northeast corner of said Block 1; THENCE Southwesterly around a curve to the left having a radius of 15.00 feet, tangent lengths of 15.56 feet, delta angle of 92°06'06" and a curve distance of 24.11 feet to a point of com- pound curvature; THENCE around a curve to the left having a radius of 424.00 feet, tangent lengths of 56.65 feet, chord length of 112.31 feet, delta angle of 15°13'17" and a curve distance of 112.64 feet to a point in the North line of an East-West alley; THENCE West along the North line of an alley way a distance of 66.62 feet; to a point on a curve, said curve's radius point being East a distance of 365.77 feet from the Northeast corner of Block 1, Jefferson Avenue Addition and said curve having a radius of 488.00 feet; THENCE around a curve to the right having a radius of 488.00 feet, tangent lengths of 56,83 feet, chord lengths of 112.89 feet and a curve distance of 113.15 feet to a point of reverse curvature; THENCE around a curve to the left having a radius of 15.00 feet, tangent lengths of 14.56 feet, delta angle of 88°17'28" and a curve distance of 23.11 feet to a point of tangency in the North line of Block 1, Jefferson Avenue Addition; THENCE East along the North line of Block 1, Jefferson Avenue Addition a distance of 94.05 feet to the PLACE OF BEGINNING. (Contains 8,285.05 square feet) TRACT 2 Street Dedication, 35th & Boston (N. Side) A portion of Lots 19 and 20, Block 1, Jefferson Avenue Addition to the City of Lubbock, and being more particularly described as follows: BEGINNING at the Northeast corner of Lot 20, Block 1, Jefferson Avenue Addition; THENCE South 126.25 feet along the East line of Block 1, Jefferson Avenue Addition to a point, said point being the Southeast corner of Lot 20, Block 1; THENCE West 72.37 feet along the South line of Block 1 to a point, said point being the be- ginning of a 20.0 foot radius curve in the Northeasterly direction and whose radius point bears North 20.0 feet and having a delta angle of 119°5'24"; THENCE around said 20.0 feet radius curve an arc length of 41.57 feet to a point, said point being the beginning of a curve to the right, the radius point of which bears North 600 54'36" East, with a radius of 489.0 feet and a delta angle of 12*18"; THENCE around said curve to the right an arc length distance of 104.98 feet to a point; said point being in the North line of Lot 19, Block 1; THENCE East 97.15 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including TRINITY BAPTISrCHURCH OF LUBBOCK) TEXAS, a non-profit Texas Corporation, BE offered through the Right -of -Way Departmentof the City of Lubbock the amount of $62,600.00, which is the amount appraised as the value and total damages for the fee simple title nd 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 8th day of July, 1976. ATTEST: /s/ Tr_eva 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 76-35-269-538 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 that the following re- solution be passed. 2'70 ,� . g 1976 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 expanding, widening, reconstructing and realignment of Boston Avenue between 34th Street and 35th Street in the City of Lubbock, Lubbock County, Texsas, 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 portion of Lot 1, Block 2, Jefferson Avenue Addition to the City of Lubbock, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at the Northeast corner of Lot 1, Block 2, Jefferson Avenue Addition; THENCE South 126.25 feet to a point, said point being the beginning of a curve in the North-- westerly direction whose radius point bears West 470.00 feet and have a delta angle of 14°9'; THENCE around said curve to the left an arc length distance of 116.07 feet to a point, said point being the beginning of a curve to the left whose radius bears South 75°51' West a distance of 15.00 feet and having a delta angle of 75°51'; THENCE around said curve to the left an arc length distance of 19.86 feet to a point in the North line of Block 2, Jefferson Avenue Addition; THENCE East 28.81 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including J. Clyde Odom be offered through the Right -of -Way Department of the City of Lubbock the amount of $2551.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate here- inabove 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 8th day of July, 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 76-35-270-539 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (48) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7298 on first reading. ORDINANCE N0. 7298 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; RELOCATION OF BOSTON AVENUE BETWEEN 34th &35th STREETS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond, to -wit: STREET IMPROVEMENT BOND FUND GWO 10925 The sum $70,218.00 For the following purpose: Acquistion of Right -of -Way for Boston Avenue. 76-35-270-540 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (49) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Austin Meter, Inc., for a boiler -turbine -generator control board for Holly Steam Unit No. 2 in the amount of $83,973.00, this being the lowest and best bid. 76-35-270-541 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (50) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7299 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 7299 Li El 1 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; 2'71 JUL 8 1976 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 $83,973 For the following purpose: To purchase a Boiler -Turbine -Generator Control Board for Holly Steam Unit #2. Spec LB 136. 76-35-271-542 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (51) Buss, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Westinghouse Electric Corporation for a 69 KV oil circuit breaker for Holly Steam Unit No. 2 in the amount of $28,117.32, this being the lowest and best bid. 76-35--271--543 Motion was made by Councilwoman Jordnan, seconded by Councilman Henry, motion carried, Mayor Bass, (52) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7300 on first reading. ORDINANCE NO. 7300 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: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND The sum $28,118 For the following purpose: To purchase a 69 KV Oil Circuit Breaker for Holly Steam Unit No. 2 Spec LB-311 76-35-271--544 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 that the following reso- lution be passed authorizing the Mayor to execute an application to the Office of Traffic Safety, State of Texas, for the Community Impact Program for 1976-1977, and ask for specific recommendations from the Citizens Traffic Commission on traffic control devices. DVQ07 TFPTIITT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: �. THAT the Mayor of the CITY OF LUBBOCK, BE and is hereby authorize and directed to execute for and on behalf of the CITY OF LUBBOCK, an application to the Office of Traffic Safety, State of Texas for the Community Impact Program for 1976-1977, 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 8th day of July, 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 See Application on file in the City Secretary's Office. 76-35-271-545 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (55) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. John Alford, Director of Parks and Recreation, appeared in regard to this item. P V (ZnT TTT Tf)M BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the CITY MANAGER of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK, a CONTRACT between the CITY OF LUBBOCK and MEL R. CARTER covering the services as a tennis PROFESSIONAL at the tennis 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 8th day of July, 1976. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Roy Bass ROY BASS, MAYOR ,}UL . 8 1976 _/s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney TENNIS PROFESSIONAL AGREEMMENT THE STATE OF TEXAS I COUNTY OF LUBBOCK I This agreement entereed into this day between the CITY OF LUBBOCK, hereinafter called "CITY" and MEL R. CARTER, hereinafter called "PROFESSIONAL", to provide for services to be per- formed and compensation to paid for the management and tennis professional duties rendered at the tennis center owned and operated by the City of Lubbock and located in Leftwich Park. WITNESSETH: WHEREAS, the PROFESSIONAL has been employed by the CITY in the capacity of tennis center manager and tennis professional for the City of Lubbock Tennis Center at the salary of $600.00 a month. The salary to be paid to the PROFESSIONAL shall be paid in the same manner as other city employess and the PROFESSIONAL shall be entitled to the same benefits as other city employees and shall be bound by the same regulations; further, it shall not be interpreted or implied that the PROFESSIONAL has received rights under this contract that are contrary to the City Charter, City Code or City Regulations, in particular, this employment shall not be for a stated period of time. The PROFESSIONAL shall have responsibility and authority over the tennis center as the manager and shall perform all duties assigned or necessary to its proper operation; and, WHEREAS, the City and the PROFESSIONAL desire to enter into this agreement setting out res- ponsibilities and division of income received from use of the tennis center and its facilities and the services performed by the PROFESSIONAL as an independent contractor: 1. This agreement is separate and apart from the employment of the PROFESSIONAL by the CITY, but the compensation received hereby is considered in the payment for the services herein. 2. This agreement shall continue for a period of a period of three (3) years from the date of its execution unless terminated by agreement of the parties hereto, failure of performance by either party or the termination of employment of the PROFESSIONAL before the full term of this agreement. 3. The PROFESSIONAL shall keep such books of account and records shall be open, at all reason- able times, to inspection by representatives of the City Manager or the Finance Director of the CITY. In addition, the CITY may make an annual audit of such accounts and funds by,its inter- nal autidor and/or its independent auditor and the PROFESSIONAL shall furnish an annual certifi- cation, by the PROFESSIONAL'S auditor, of the income of the tennis center. 4. The CITY hereby grants to the PROFESSIONAL the right, concession and privilege of operat- ing a proshop, giving tennis instructions, repair and storage of tennis equipment, rental of tennis equipment and any other tennis related concession or service that the PROFESSIONAL may install at his cost or he may provide which is not in competition with the concessions and services from which the CITY receives income as provided in this contract. 5. The CITY retains and shall receive the income from court fees and locker rentals. The gross income from pro shop sales, lessons, food and drink concessions from date of this agree- ment until April 1, 1977 shall be divided as follows: 97 1/2% to the PROFESSIONAL and 2 1/2% to the CITY. The gross income from pro shop sales, lessons, food and drink concessions after April 1, 1977 until the termination of this agreement shall be as follows: 95% to the PROFESSIONAL and 5% to the CITY. The division and payment of such income shall be made monthly. 6. The PROFESSIONAL shall have the use of three (3) courts at the tennis center seven (7) days a week, at no charge for such use by the CITY, for the purpose of giving tennis lessons. When lessons are not being given, such courts shall be used in the same manner as the other courts. 7. The PROFESSIONAL shall operate in a safe condition at his own expense any area used for his sales or concession operations and shall hold the CITY harmless from any liability that might arise from the operation of such concessions or instructions or sales whether contractual or arising from any accident occurring in the performance of his concession, sales or instructions, the use by any patron or visitor to the PROFESSIONAL'S concession or any employee he may employ or service or trades person doing business with such concession. The PROFESSIONAL shall maintain insurance in a sum not less than $100,000.00 per person and $300,000.00 per accident naming the CITY as an insured party. The CITY shall not hold the PROFESSIONAL liable in his capacity as a concession operator for any liability incurred by accidents away from the concession or instruc- tion area unless such accident occured in the course of concession or instruction activity. 8. This agreement shall be reviewed by the CITY annually for the purpose of insuring a con- tinuation of the operation of the tennis center and tennis instruction concession. 9. The PROFESSIONAL shall be responsible for the clearance of debris and the routine clean- ing of all tennis courts whether used for instruction or by the general public. 10. The CITY shall provide one recreational aide, designated in the CITY Pay Plan as 15-338. In the event additional maintenance personnel is required, the PROFESSIONAL shall provide such at his own expense. 11. Upon termination of this agreement the PROFESSIONAL may remove all concession wares, goods and equipment which he owns or has a consignment along with all equipment, display cases and fixtures which are not permanently attached to the premises. The premises shall be restored in good order acceptable to the CITY, normal wear and depreciation excepted, upon removal of such goods and equipment. 2"73 an r JUL' 81976 12. This contract may not beassignedin any way without the prior written consent of the CITY. 13. Written notices to be given under the terms of this contract shall be by Certified Mail, Return Receipt Requested, to each party at the following addresses: City of Lubbock Att: City Manager P.O. Box 2000 Lubbock, Texas 79457 Mel R. Carter Lubbock, Texas Notice of termination by reason of failure of performance or termination of employment of the PROFESSIONAL shall be given to the other party with the date of termination to be thirty (30) days from date of notice. EXECUTED this 8th day of July, 1976. ATTEST: /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0, Senter, Jr., City Attorney CITY OF LUBBOCK /s/ N. B. McCullough, City Manager /s/ Mel R. Carter 76-35-273-546 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (56) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to amend the Re- venue Sharing Planned Use Report for Entitlement period 6 by reallocating approximately $400,000 of the Revenue Sharing Funds earmarked for vehicle maintenance facility to Police Department operations for 1975-76. 76-35-273-547 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor '(58) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7301 on first reading. ORDINANCE N0, 7301 AN ORDINANCE CORRECTING ORDINANCE NO. 7276 OF THE CITY OF LUBBOCK TO CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL. 76-35-273-548 The following bids were received for the purchase of traffic signal equipment for Warehouse stock, (61) being Bid No. 3933. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Council- man McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Valmont Industries, Dallas, for the purchase of Item 1; accept the bid of Automatic Signal Division, Arlington, for the purchase of Items 2, 3, 4, and 5. 76-35-273-549 The following bids were received for tennis court surfacing material for the Parks Department, (62) being Bid No. 3951. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Council- man McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Bob Evans, Dallas, for tennis court surfacing material. 76-35-273-550 The following bids were received for the purchase of chainlink fence for Electric Production, (63) being Bid No. 3936. Bid Tabulation set in Bid Book. Afar consideration of all bids received, motion was made by Councilman Henry, seconded by Council- man McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of U.S. Steel, San Antonio, for the purchase of chain link fence. 76-35-273-551 The following bids were received for the purchase of a 22 cubic yard elevating scraper for the (64) Sanitation Department, being Bid No. 3946. Bid Tabulation set in Bid Book. After consideration of all bids received, 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 accept the bid of Consolidated Equipment Sales, Inc., Amarillo, for the purchase of an elevating scraper with service contract and guaranteed repurchase. UP 1- 8 1976 76-35-274-552 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (65) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7302 on first reading. ORDINANCE NO. 7302 AN APPROPRIATION ORDINANCE WHEREAS, the Ciey 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: Sanitation The sum $145,000.00 For the following purpose: 1-22 cubic yard elevating scraper $145,000.00 76-35-274-553 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (66) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Charles L. Burford to the Library Board to fill the unexpired term of Mel Ellenwood. This term expires December 31, 1978. 76-35-274-554 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (68) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint J. Ray Dickey to the Canadian River Municipal Water Authority. This term is for two years and will expire July 31, 1978. 76-35-274-555 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (69) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Nolen Swain to the Tax Board of Equalization to replace Bill Tucker who was unable to serve. 76-35-274-556 Motion was made by Councilwoman Jordan, 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 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Quaker Heights - Lots 355 - 525 and Tract "E" made arrangements with W. D. Turner 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 Quaker Heights - Lots 355- 525 nd Tract "E" including the following streets: Quaker Avenue from its intersection with (a line) 15.00 feet South of the South property line of 80th Street to its intersection with the North lip line of 82nd Street known and designated as New Subdivision Sub -Unit Number 37 of Unit Number 2018. 82nd Street from its intersection with (a Line) 37.00 feet East of the West property line of Quaker Avenue (N. Leg) to its intersection with (a line) 50 feet West of the center line of Salem Avenue known and designated as New Subdivision Sub -Unit Number 38 of Unit Number 2018. Quinton Avenue from its intersection with (a line) 15.00 feet South of the South property line of 80th Street to its intersection with the North property line of 82nd Street known and de- signated as New Subdivision Sub -Unit Number 39 of Unit Number 2018. Raleigh Avenue from its intersection with (a line) 15.00 feet South of the South property line of 80th Street (E. leg) to its intersection with the North property line of 82nd Street known and designated as New Subidvision Sub -Unit Number 40 of Unit Number 2018. Richmond Avenue from its intersection with (a line 15.00 feet South of the South Property line of 80th Street (W. Leg) to its intersection with the North lip line of 82nd Street known and designated as New Subidvision Sub -Unit Number 41 of Unit Number 2018. Salem Avenue from its intersection with the South lip line of 81st Street to its intersection with the North property line of 82nd Street known and designated as New Subdivision Sub -Unit Number 42 of Unit Number 2018. 81st Street from its intersection with the East lip line of Utica Avenue to its intersection with (a line) 15.00 feet Southwest of the Southwest property line of 80th Street inown and de- signated as New Subdivision Sub -Unit Number 43 of Unit Number 2018. 80th Street from its intersection with the East lip line of Utica Avenue to its intersection with (a line 16.00 feet West of the West property line of Toledo Avenue known and designated as New Subdivision Sub -Unit Number 44 of Unit Number 2018. Utica Avenue from its intersection with (a line) 16.00 feet North of the North property line of 80th Street to its intersection with (a line) 15.00 feet South of the South property line of 81st Street known and designated as New Subdivision Sub -Unit Number 45 of Unit Number 2018. Alley Grading of Quaker Heights Addition known and designated as New Subdivision Sub -Unit Number 46 of Unit Number 2018. Topeka Avenue from its intersection with (a line 15.00 feet South of the South property line of 81st Street to its intersection with (a line) 15.00 feet East of the East property line of Topeka 2'75 r Avenue at 81st Place known and designated as New Subdivision Sub -Unit Number 59 of Unit Number 2018. Toledo Avenue from its intersection with (a line) 15.00 feet South of the South property line of 81st Street to its intersection with (a line) 15.00 feet West of the West property line of Toledo Avenue at 81st Place known and designated as New Subdivision Sub -Unit Number 60 of Unit Number 2018. 81st Place from its intersection with (a line) 15.00 feet East of the East property line of Topeka Avenue to its intersection with (a line) 15.00 feet West of the West property line of Tole- do Avenue known and designated as New Subdivision Sub -Unit Number 61 of Unit Number 2018. Utica Avenue from its intersection with (a line 15.00 feet South of the South property line of 81st Street to its intersection with the North raw edge of 82nd Street known and designated as New Subddvision Sub -Unit Number 62 of Unie Number 2018. Utica Avenue from its intersection with (a line) 16.00 feet South of the South property line of 78th Street to its intersection with (a line) 14.00 feet North of the North property line of 80th Street known and designated as New Subdivision Sub -Unit Number 63 of Unit Number 2018. 82nd Street from its intersection with the center line of Salem Avenue to its intersection with (a line) 2.00 feet West of the center line of Utica Avenue known and designated as New Sub- division Sub -Unit Number 64 of Unit Number 2018. 79th Street from its intersection with the East lip line of Utica Avenue to its intersection with the West lip line of Toledo Avenue known and designated as New Subdivision Sub -Unit Number 65 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 above mentioned 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 8TH DAY OF JULY, 1976. ATTEST: /s/ Treva Phillli s Treva Phillips, City Secretary -Treasurer 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 CONSOLIDATED FINAL ESTIMATE QUAKER HEIGHTS - LOTS 355-525 & Tract "E" Accepted July 8, 1976 QUANTITIES S.Y. L.F. Alley C&G S.Y. Return S.Y. Removal L.F. Unit & Paving L.F. & Drainage Valley & Pavement Alley Sub -Unit Location 6" Base C&G Channels Gutter Repair Grading 2018-37 Quaker Ave. from 1521.22 519.21 20.20 Pavement Removal 15' S. of SPL of S.Y. 80.0 80th St. to NLL of 82nd St. 2018-38 82nd St. from 37' E. of WPL of Quaker Ave. (N. Leg) to 5.5' W of the Centerline of Salem Ave. 1467.18 97.36 r 2018-39 Quinton Ave. from 1956.60 1008.18 15'S. of SPL of 80th St. to NPL of 82nd St. 276 Jbq- 8 19976 2018-40 Raleigh Ave. from 1953.04 15' S. of SPL of 80th St. (E. Leg) to NPL of 82nd St. 2018-41 Richmond Ave. from 2487.54 15' S. of SPL of 80th St. (W. Leg) to NLL of 82nd St. 2018-42 Salem Ave. from SLL 2325.40 Of 81st St to NPL of 82nd St. 2018-43 81st St 4959.61 from ELL of Utica to 15' S of SPL of 80th 2018-44 80th St. from 2398.32 ELL of Utica Ave. to 16' W of WPL of Toledo 2018-45 E 1/2 of Utica 790.00 Ave. from 16' N. of NPL of 80th St. (E. Leg) to 15' S of SPL of 81st St. City Extra Width 105.33 2018-46 Quaker Heights Lots 355 thru 443 & Tract "E" 2018-59 Topeka Ave. from 1813.95 15' E of EPL of Topeka Ave. at 81st Place to 15' S of the SPL of 81st St. 2018-60 Toledo Ave. from 1813.95 15' S of SPL of 81st St. to 15' W of WPL of Toledo Ave. at 81st Place 2018-61 81st Place from 15' 924.44 E of EPL of Topeka Ave. to 15' W of WPL of Toledo Ave. 2018-62 E 1/2 of 1556.61 Utica Ave. from 15' S of SPL of 81st St. to N Paving line of 82nd St. City Extra Width 297.80 2018-63 E 1/2 of 1028.00 Utica Ave. from 16' S of SPL of 78th St. to 14' NofNPL of 80th St. City Extra Width 142.78 2018-64 N 1/2 of 82nd St. from the centerline of Salem Ave. to 2' W of center- line of Utica Ave. 2018-65 79th St. from 2424.89 ELL of Utica Ave. to WLL of Toledo Ave. 1008.18 1175.20 20.20 52.54 1243.62 6.33 2742.94 202.00 228.00 1389.54 43.00 214.42 20.20 914.10 914.10 514.84 40.40 589.23 418.84 38.18 1500.96 238.67 1423.08 2073.37 570.00 400.00 570.00 52.54 86.00 1332.00 Totals 27,953.57 17,043.62 683.54 105.08 357.00 4945.37 City Extra Width 545.91 Pavement Removal S.Y. I 2'7"7 JUL 81$76 COST DISTRIBUTION Unit & Contract Property City to Sub -Unit Cost Owner Cost Contractor 2018-37 $ 5,913.39 $ 5,913.39 2018-38 $ 5,105.71 $ 5,105.71 2018-39 $ 8,153.15 $ 8,153.15 2018-40 $ 8,143.36 $ 8,143.36 2018-41 $ 10,925.22 $ 10,925.22 2018-42 $ 9,884.44 $ 9,884.44 2018-43 $ 24,772.02 $ 24,772.02 2018-44 $ 10,674.62 $ 10,674.62 2018-45 $ 3,274.01 $ 2,984.36 $ 289.65 2018-46 $ 20.73 $ 20.73 2018-59 $ 7,507.83 $ 7,507.83 2018-60 $ 7,506.13 $ 7,506.13 2018-61 $ 4,402.41 $ 4,402.41 2018-62 $ 6,725.70 $ 5,906.75 $ 818.95 2018-63 $ 4,791.44 $ 4,398.79 $ 392.65 2018-64 $ 6,753.00 $ 6,753.00 2018-65 $ 11,741.72 $ 11 741.72 Total $136,294.88 $134,793.63 $1,501.25 Contract Cost Distribution to Contractor city Cost $ 1,501.25 Pre -paid Paving Account $ 12,116.11 State Savings of Lubbock $ 122 677.52 Contract Cost $ 136,294.88 76-35-277-557 Motion was made by Councilwoman randng sMcAlisteryCouncilman none , motion voting avoting NaythatdMayor thefollow- (30) Bass, Councilmen West, Jordan, Henry ing resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF (STREETS AND/OR AVENUES) AS LISTED BELOW: own conform with the paving requirement provisions of City Ordinance 1331, the WHEREAS, in conOaks Addition, Lots 1-293 and Tract "A", made arrangements with Commercial subdivider of Spanish Concrete Construction Company for the construction of paving improvements on certain streets said Ordinance prior to the recording of dedicated in said subdivision under the provisions of the subdivision plat of Spanish Oaks Addition, Lots 1-293 and Tract "A" including the following streets: Zoar Avenue from its intersection with the South Zip Line of 70th Street to its intersection with the North property line of 73rd Street known and designated as New Subdivision Sub -Unit Number 70 of Unit Number 2018. York Avenue from its intersection with (a line) 40.00 feet North of the cul-de-sac North of 73rd Street to its intersection with the North lip Line of 73rd Street known and designated as New Subdivision Sub -Unit Number 71 of Unit Number 2018. Winston Avenue from its intersection with (a line) 20.80 feet South of the South property line of 70th Street to its intersection with the North lip line of 73rd Street known and designated as New Subdivision Sub -Unit Number 72 of Unit Number 2018. from its intersection with the North lip line of 7-3rd Street to its intersection Wayne Avenue (a line) 40.00 feet North of the cul-de-sac North of 73rd Street known and designated as New with Subdivision Sub --Unit Number 73 of Unit Number 2018. Vinton Avenue from its intersection with the North lip line of 71st Street to its intersection designated as New with (a line) 40.00 feet North of the cul-de-sac North of 71st Street known and Subdivision Sub -Unit Number 74 of Unit Number 2018. Vicksburg Avenue from its intersection with North lip line of 71st Street to its intersection designated as New with (a line) 40.00 feet North of the cul-de-sac North of 71st Street known and Subdivision Sub -Unit Number 75 of Unit Number 2018. Utica Place from its intersection with the North lip line of 71st Street to its intersection designated as New with (a line) 40.00 feet North of the cul-de-sac North of 71st Street known and Subdivision Sub -Unit Number 76 of Unit Number 2018. Utica Avenue from its intersection with (a line) 7.00 feet South of the South property line 7.00 feet South of the South of the Alley North of 71st Street to its intersection with (a line) designated as New Subdivision Sub -Unit property line of the alley South of 73rd Street known and 77 of Unit Number 2018. lNumber ` Zoar Avenue from its intersection with the South lip line of 73rd Street to its intersection designated as with (a line) 134.50 feet South of the South property line of 73rd Street known and New Subdivision Sub -Unit Number 78 of Unit Number 2018. Wayne Avenue from its intersection with the South lip line of 73rd Street to its intersection designated with (a line) 153.70 feet South of the South property line of 73rd Street known and i as New Subidivision Sub -Unit Number 79 of Unit Number 2018. 278 JUL 8 1976 76-35-278-558 (31) 70th Street from its intersection with the East raw edge of Slide Road to its intersection with (a line) 20.80 feet South of the South property line of 70th St. known and designated as New Subdivision Sub -Unit number 80 of Unit Number 2018. 71st Street from its intersection with the West lip line of Zoar Avenue to its intersection with (a line) 16.50 feet West of the East property line of Slide Road known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2018. 71st Street from its intersection with the East lip line of Wayne Avenue to its intersection with the West lip line of Utica Avenue known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2018. 72nd Street from its intersection with (a line) 16.50 feet West of the East Property line of Slide Road to its intersection with the West lip line of Zoar Avenue known and designated as New Subdivision Sub -Unit Number 83 of Unit Number 2018. 72nd Street from its intersection with the East lip line of Wayne Avenue to its intersection with the west lip line of Utica Avenue known and desiganted as New Subdivision Sub -Unit Number 84 of Unit Number 2018. 73rd Street from its intersection with the East raw edge of Slide Road to its intersection with (a line) 11.00 feet East of the West property line of Utica Avenue known and designated as New Subdivision Sub -unit Number 85 of Unit Number 2018. Drainage Channels off 73rd Street from its intersection with the East lip line of Zoar Avenue to its intersection with the West lip line of Wayne Avenue known and designated as New Subdivision Sub -Unit Number 85 A 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 provision 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 8th Day of July, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass ROY BASS, MAYOR �- APPROVED: /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that solution be passed. carried, Mayor Bass, the following re - RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF (STREETS AND/OR AVENUES) AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Spanish Oaks Addition, Lots 1-293 and Tract "A"", made arrangements with Commercial Concrete Construction Company for the construction of paving improvements on certain streets de- dicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Spanish Oaks Addition, Lots 1-293 and Tract "A" including the following streets: Utica Avenue from its intersection with (a line) 17.00 feet South of the center line of 74th Street to its intersection with (a line) 408.60 feet South of the center line of 74th Street known and designated as Sub -Unit Number 9 of Unit Number 2233. Utica Avenue and 74th Street from its intersection with property line of 73rd Street to its intersection with (a line) 54.00 feet North of the North line of Utica Avenue known and designated as Sub -Unit Number e101of. Uniteet Numbert22of 33he East property. 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. I 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 i G hA,-Qh.T P JUL S II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8th day of July, 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 76-35-279-559 Herbert D. Kelleher, representing Southwest Airlines, appeared before the City Council requesting (53) the Council's endorsement of Southwest's application to the Texas Aeronautics Commission for service to Lubbock Regional Airport. Jim Newsome, representing the Airport Board and Airport Staff, appeared before the City Council and stated that the Staff and the Board are in harmony with the request of Southwest Airlines. Mayor Bass asked if representatives of any other airlines were present who wished to speak. No one appeared. After consideration of all information present- ed, motion was made by Councilman Henry, seconded by Councilwoman Jordan to support the proposal of Southwest Airlines to provide service to and from Lubbock at a lower cost and to provide an increased number of flights to and from Lubbock; to accept the offer of Southwest to pay landing fees up to 5,200,000 lbs, per week or more; and, whoever makes the presentation to TAC convey that the decision of the Council was based on the report from Southwest Airlines. Councilman McAlister made a motion amending the original motion to include that Southwest passengers be counted in figures for federal aid. This amendment was accepted into the original motion and the motion carried by the following vote: Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay. Mayor Bass abstained from voting on this item and made the statement that it was his opinion that the City Council should take no stand either way. 76-35-279-560 Councilwoman Jordan stated she had requested this item be placed on the agenda for today's meeting, (59) since the two counties previously within the Manpower Consortium had withdrawn, and at this point we do not have a Consortium. Considerable discussion was had during which Councilwoman Jordan expressed the opinion that Council should make an effort to reactivate. Mayor Bass stated there has been previous communication with the County Judges in the SPAG area, and he would not want to try to exercise any type of pressure to reactivate, but it was his feeling that the City would not want to renege on its commitment to the Department of Labor for this year. No action was taken on this item. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting July 8, 1976. ATTEST: Treva Phillips, City Secretary -Treasurer READ AND APPROVED THIS THE 22nd day of July, ATTEST: Treva Phillips, City r etary-Treasurer S ROY BAS, MAYOR 1976. 7/mj �Im I Idwam- ROY , MAYOR