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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/12/1976REGULAR CITY COUNCIL MEETING i� AUGUST 12, 1976 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bill McAlister, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 76-35-306-631 The invocation was given by Mayor Roy Bass. (1) 76-35-306-632 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chamber. 76-35-306-633 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (3) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held July 22, 1976, and Special Meeting held August 5, 1976. 76-35-306-634 Carl Cannon, Chairman of the Lubbock Public Transit Advisory Board appeared and presented re- (4a commendations regarding proposed marketing program, and proposed new route system for bus opera- & tions, with the arrival of the 25 new buses in November, 1976. He stated a logo and new name 4b) for the bus system has been selected by the Transit Advisory Board; and recommended the name "Citibus" be incorporated into promotional material. After consideration of all information presented, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the routes as presented, with the financing of the marketing program to be considered again in two weeks. 76-35-306-635 Carl Cannon, Chairman of the Lubbock Public Transit Advisory Board appeared and presented re- (40 commendations regarding a lease agreement between the City and Lubbock Transit for equipment and storage lot. The City Council had previously authorized purchase of a 3/4 ton pickup truck equipped See revised with air compressor, and a cyclone vacuum cleaner for the use of Lubbock Transit Company, this Agreement in equipment being purchased through a capital grant. It was explained that in order to allow file Lubbock Transit Company to legally use this equipment and allow land for their purposes, it is necessary to enter into a lease agreement between Lubbock Transit and the City for the purpose of utilizing these assets. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilman West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass the following resolution authorizing the execution of this contract. RRgf)T.TTTT0M BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute an EQUIPMENT AND STORAGE LOT LEASE AGREEMENT between the CITY OF LUBBOCK and the LUBBOCK TRANSIT DIVISION OF AMERICAN TRANSIT CORPORATION, attached herewith which shall be spread upon the Minutes of this Council and as spread upon the Minutes of this Council shall consitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August, 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 EQUIPMENT AND STORAGE LOT LEASE AGREEMENT STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I This Agreement entered into between the City of Lubbock, a Home Rule Municipality, herein- after called "CITY", and Lubbock Transit Division of American Transit Corporation hereinafter called "COMPANY". WITNESSETH: WHEREAS, the CITY and the COMPANY have heretofore entered into a Lease Management Agreement for the operation of a Mass Transit System within the City of Lubbock, and WHEREAS, the CITY in anticipation of receiving new motor coaches for such Mass Transit System under UMTA Grant desires to enter into a Lease Agreement with the Company for certain equipment and storage lots to be used in conjunction with such operation. NOW THEREFORE: The parties hereto do agree as follows: 1. The term of this lease shall be the same as the Lease Management Agreement between the parties hereto which is referred to above and any extensions of Amendments thereto unless this Agreement is terminated by either of the parties upon the grounds stated herein. 307 AUG 12 1976 A 44 a 2. The City leases to the Company one 1976 three-quarter ton Ford pickup truck equipp with air compressor, vehicle identification No. F25ELC34996 and City of Lubbock identifica- tion No. 10-4036-0001 and a Cyclone Vacuum Cleaner. 3. The City does hereby sublet to the Company the real property leased by the City for the purpose of using it in this Mass Transportation System, the following described property: Lots 6 through 15 (inclusive), Block 220 of the Original Town of the City of Lubbock, Lubbock County, Texas. 4. The above described equipment and property shall be used in accordance with the terms and conditions set out in the Lease Management Agreement by the parties and the condi- tions set out in UMTA Agreement TX-03-0016. 5. The Company, as a condition of this Agreement, shall include the above leased equi went and property in their insurance policies in the same amount as their other equipment and property, and shall in addition hold the City harmless in the same manner as set forth in said Lease Management Agreement. 6. The consideration for the lease of the above stated equipment and property between the City and the Company shall be the performance under the stated Lease Management Agreement. EXECUTED THIS 12th DAY OF AUGUST, 1976. ATTEST: /s/ Treva Phillips APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney ATTEST: Secretary CITY OF LUBBOCK /s/ ROY BASS ROY BASS, MAYOR LUBBOCK TRANSIT DIVISION OF AMERICAN TRANSIT CORPORATION PRESIDENT 76-35-307-636 Mrs. Emilio Fernandez appeared before the City Council requesting a waiver of the building set- (5) back on 3rd Street and Temple Avenue so that she may obtain a building permit. After considera- tion of all information presented, motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve this request. 76-35-307-637 Henry Huneke, Chairman of the Park and Recreation Department, appeared before the City Council (6a) and read the following policy guidelines for the naming of City Parks: 1. Parks generally should be named in honor of local citizens living or deceased. 2. Persons considered for this honor should be recognized as having made significant con- tributions to Lubbock's Parks and Recreation Programs and/or for contributions to the Community as a whole. 3. Consideration may be given to name parks or recreational facilities in honor of persons who contribute a significant amount of land or money for park improvements. This possible consideration does not apply to mandatory dedication required by the Playa Lake Ordinance or other statutes. 4. It is not necessary to consider naming special purpose facilities such as model airports, horse riding arenas, or archery ranges after people. 5. Generally speaking, facilities should bear the name of the park in which they are located. 6. The Public is encouraged to submit names for consideration to the Parks and Recreation Board. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to adopt Recommendations Nos. 1 and 2; combine No. 4 and 5 (making those two items No. 3) and approve No. 6, (as renumbered 4), deleting No. 3 altogether. 76-35-307-638 Henry Huneke, Chairman of the Park and Recreation Board, appreared before the City Council and (6b) discussed the Board's recommendations regarding a proposal of the Lubbock County Historical Commission for the identification of numerous points of historical significance associated with Yellowhouse Canyon. After consideration of all information presented, motion was made by Council- man West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the recommendations of the Parks Board and pass a resolution authorizing the Mayor to sign a contract with Lubbock County Historical Com- mission and authorize the procedures to amend the Community Development Program to provide for this project. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute AG 12 1976 an agreement between the CITY OF LUBBOCK and the LUBBOCK COUNTY HISTORICAL COMMISSION, 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 12th day of August, 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 AGREEMENT FOR HISTORICAL DISPLAYS IN YELLOWHOUSE CANYON LAKES THIS agreement entered into this day by the City of Lubbock, hereinafter called "CITY", and the Lubbock County Historical Commission hereinafter called "COMMISSION": WITNESSETH: WHEREAS a historical interpretation of the Yellowhouse Canyon Lakes is necessary in order to inform the people of Lubbock and the South Plains of their heritage. The displays will be a graphic communication of the history of the Canyon from its beginning to the present. WHEREAS a historical interpretation should be completed in the Yellowhouse Canyon Lakes area to aid in promoting tourism for Lubbock and the South Plains. The Yellowhouse has as much or more history as any other single spot in northwest Texas. More events, more important people, and more early exploration are associated with it, for instance, than are connected with the highly -touted Palo Duro State Park near Amarillo. WHEREAS an interpretation of the Yellowhouse Canyon Lakes will add yet another dimension to the already multifaceted project. A historical interpretation could serve as the catalyst that makes even greater an outstanding City of Lubbock effort. The CITY and the COMMISSION do hereby agree that the COMMISSION shall design, construct and erect outdoor displays in the Canyon Lakes area upon the following terms and conditions: 1. The plan of work shall be as set forth in Phase I of such project which is attached hereto and made a part hereof. 2. The total budget for such services shall be in the amount of $28,895.00 as set forth in the proposed budget attached hereto. The total budget shall not exceed the above figure; however, the COMMISSION may reallocate funds within the total budget in order to provide the projects overall services. 3. The CITY shall pay the COMMISSION on a monthly basis upon the submission by the COMMISSION of a statement showing the services completed by the COMMISSION during the preceding month. Checks for services under this agreement shall be made payable to the Chairman of the COMMIS- SION who shall be responsible for the payment of any obligations incurred by the COMMISSION. 4. It is understood and agreed that the COMMISSION is an independent contractor and shall not enter into the agreements binding the CITY nor shall it incur any liability on the part of the CITY and shall hold the CITY harmless from any liability or claim for damages as result of any injury or accident occurring during the course of the performance of this agreement. 5. This agreement shall be for a term of TWELVE (12) months from the date of its execution unless the services performed hereunder are completed before such period of time. 6. The CITY may terminate this agreement upon evidence that the terms of this agreement are being violated and that the performance hereunder is unsatisfactory to the CITY. 7. The COMMISSION may terminate this agreement in the event it decides that it is unable to perform the services stated herein. 8. Notices of termination shall be given to the other party in writing at least THIRTY (30) days before the date of termination. EXECUTED THIS 12th day of August, 1976. ATTEST: /s/ ROY BASS /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer WILLIAM C. GRIGGS, CHAIRMAN Luboock County Historical Commission i 76-35-308-639 Henry Huneke, Chairman of the Park and Recreation Board, appeared and presented Bob Nash, Assistant (6bb) Chairman of the Lubbock County Historical Commission, who requested the City Council's approval ii for paving of a road in the southern portion of Yellowhouse Canyon Park. The County has plans to 11 rin 39 AUG 12 1976 do paving in this area. 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 approve this request as presented. 76-35-309-640 Henry Huneke, Chairman of the Park and Recreation Board, appeamd and presented John Orr, pre- (60 sident of Community Services Corporation, who made a proposal to donate Lot 209, LaFiesta Estates to the City of Lubbock. (See Letter from Mr. Orr on file in the City Secretary's Office.) Johnnie Poindexter, resident of LaFiesta, appeared expressing opposition to taking the pool away from the residents. Mr. Poindexter presented a petition with 15 signatures opposing this proposal. He stated this was a consideration when homeowners in this area bought their lots and that they wanted the pool maintained for their use. The expense of renovation and construction work that would be required was discussed. 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 deny acceptance of donation of Lot 209, LaFiesta Estates. 76-35-309-641 The City Council considered a resolution authorizing submission of a grant application for heat- (40) ing and air conditioning for the Senior Citizens' Center. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass this resolu- tion and instruct the Staff to investigate the cost of a separate audit. RT.S0T.TTTT0N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute an Application on behalf of the CITY OF LUBBOCK to the ADMINISTRATION ON AGING, DEPARTMENT OF HEALTH, EDUCATION & WELFARE, for grant assistance in the amount of $9,200 for heating and air conditioning for the Senior Citizen's 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 12th day of August, 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 76-35-309-642 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (8) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7302 on second and final reading. ORDINANCE N0. 7302 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; '76-35-309-643 (9) 6-35-309-644 (10) 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 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7303 on second and final reading. ORDINANCE NO. 7303 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. 1845-D; CHANGE TRACT B, GORDON HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 SPECIFIC USE TO C-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No.7304 on second and final reading. ORDINANCE NO. 7304 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. 1950-A; CHANGE A TRACT OF LAND OUT OF SECTION 10, BLOCK B, CITY OF LUBBOCK TEXAS FROM R-3 TO C-4 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 31 AUG 12 1976 76-35-310-645 The City Council considered the passage of Ordinance No. 7305 on second reading changing property (11) located north of 66th Street and west of Gary Avenue from "R-2" to "A-l" Zoning District (Zone Case No. 1865-A). Jim Bertram, Director of Planning, showed a site plan that had been presented to him by proponents. Mr. Bertram discussed floor area ratio and density. Burl Masters, proponent, appeared stating he would adjust the site plan to conform to requirements. Dr. Dick Wall, owner of duplexes at 3209 66th, appeared and presented a petition bearing signatures of those opposing apartment development in this area. AlioeParsley, proponent, appeared stating a very fine apart- ment development was being planned with 1,400 square foot average. Bob Jones, 3029 66th, appeared in opposition to apartment zoning. Bill Carter, 3405 66th, appeared in opposition. After consider- able discussion, it was the consensus of the City Council that the proponents in this zone case bring back a more specific site plan with detailed information as to floor ratio, density, parking lay out and landscaping. 76-35-310-646 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Hemry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7306 on second and final reading. ORDINANCE NO. 7306 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6902 OF THE CITY OF LUBBOCK, COVERING ZONE CASE NO. 1949-A BY AMENDING CONDITION NO. 1 MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. 76-35-310-647 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7307 on second and final reading. ORDINANCE NO. 7307 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. 2090: CHANGE THE FOLLOWING TRACTS IN GREEN ACRES ADDITION, CITY OF LUBBOCK, TEXAS AS FOLLOWS: LOTS 2 AND 3, BLOCK 1, FROM C-3 TO R-1 AND LOTS 4-25, BLOCK 1, LOTS 2-5, BLOCK 2; ALL OF BLOCKS 3, 4, 5, 6, 7, 8 AND 9 FROM R-2 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-310-648 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7308 on second and final reading. ORDINANCE NO. 7308 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. 1760-A: CHANGE TRACT "A", ALLIANCE ACRES ADDITION, CITY OF LUBBOCK, TEXAS, FROM C-3 TO A -2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-310-649 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7309 on second and final reading. ORDINANCE NO. 7309 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF BROWNFIELD HIGH- WAY (ROAD) (U.S. 62 AND 82) FROM 19TH STREET TO SLIDE ROAD IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. 76-35-310-650 NOTICE OF PUBLIC HEARING (16) NOTICE is hereby given of a Public Hearing to held by the City Council of the City of Lubbock, Texas, at 11:00 A.M. on August 12, 1976, in the City Council Chamber, in regard to application for operating assistance for mass transit under Section 5 of the National Mass Transportation Act of 1974. Project application and related documents are available for public inspection in the Office of the City Secretary. Treva Phillips, City Secretary -Treasurer In accordance with the above Notice of Public Hearing, hearing was held in regard to application for operating assistance for mass transit under Section 5 of the National Mass Transportation Act of 1974. Mayor Bass called for all interested persons to come forward. No one appeared; whereupon, Mayor Bass announced that the hearing was closed. 76-35-310-651 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (17) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLIT'f MN RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE URBAN MASS TRANSPORTATION ADMINISTRATION OF THE UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 5 OF THE NATIONAL MASS TRANSPORTATION ACT OF 1974 AS AMENDED. 3A ���JJJ���JJJ a AUG 1 2 1� r r r f WHEREAS, the Secretary of Transportation is authorized to make grants for mass transporta- tion projects; and WHEREAS, the contract for operating assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the National Mass Transportation Act of 1974, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the Mayor of the City of Lubbock is authorized to execute and file an application on behalf of the City of Lubbock, Texas, with the U.S. Department of Transportation, to aid in the financing of Mass Transit operating expenses. 2. THAT the Mayor of the City of Lubbock is authorized to execute and file with such application an assurance or any other document required by the U.S. Department o€ Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. THAT Bill McDaniel, Director of Traffic, is authorized to furnish such additional informa- tion as the U.S. Department of Transportation may require in connection with the application of the project. Passed by the City Council this 12th. day of August, 1976. ATTEST: Isl ROY BASS ROY BASS, MAYOR /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 76-35-311-652 The City Council considered an ordinance annexing property to the City of Lubbock. Councilman (18) Henry discussed possible effects on key rate as relates to all citizens of Lubbock. Tom Foster, Fire Chief, appeared stating he had tried to obtain specific information as to the key rate from the State Insurance Board, but did not have the answers at this time. Charles Horton, Technical Coatings representative, appeared in regard to this item. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, and Henry voting Yea, Councilman McAlister voting Nay to pass Ordinance No. 7310 on first reading with second reading of the ordinance to be placed on the agenda for consideration at the August 26, 1976 meeting. It was the consensus of the Council that Mayor Bass contact Joe Christie, Chairman of the State Board of Insurance in Austin, for specific answers to questions concerning key rate, so that the Council may be inforn by the time of second reading of this ordinance. ORDINANCE NO. 7310 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUT THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 76-35-311--653 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RFSCIT.TT9'TC)N WHEREAS, citizen participation has continually been an important and worthwhile part of the development of the Lubbock community; and WHEREAS, citizens should continually be given opportunities to decide and make known their community needs and problems; and WHEREAS, citizens should be informed of municipal, state, and federal programs which affect the quality of their city and neighborhoods, and should be involved in the decision -making pro- cess; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council Resolution of November 13, 1974, is hereby amended; and THAT a Community Development Advisory Committee is hereby created to be composed of the chairman of the Community Development Advisory Committee, who shall be appointed by the Mayor, and the chairmen, or their representatives, of the following City Boards and Commissions: Plannin and Zoning Commission, Parks and Recreation Board, Urban Renewal Board, Board of City Development, Human Relations Commission, the Lubbock Housing Authority Board, the Airport Board, and the Community Services Commission. In addition to these members, two (2) citizens shall be appointed by the City Council from each of six (6) city sectors as described in Attachment "A". The Com- mittee shall adopt rules and procedures necessary to conduct business, including the creation of subcommittees where needed. 312 JG 1 2 1976 The basic purposes of the Community Development Advisory Committee are to coordinate citizen participation in the community development process, to coordinate requests for community develop- ment funds from city departments and agencies,and to assess and recommend overall community develop- ment priorities to the City Council. The City Council shall establish the basic community development program structure through the community development office within which the committee will function. Appointments as chairman and members of the committee shall be for two (2) years. Members may be removed by the Council at any time for just cause by majority vote. The committee shall exist as long as the City Council determines a need for its services in accordance with state and federal statutes and regulations. Passed by the City Council this 12th day of August, 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 16-35-312-654 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RF.SnTJTTTON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute an Agreement between the CITY OF LUBBOCK and the State of Texas covering construction of curbs and gutters on U.S. Highway 87 from 45th Street to Spur 326, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August, 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 STATE OF TEXAS COUNTY OF TRAVIS /s/ ROY BASS ROY BASS, MAYOR TQF 502(22) 53-1-54 Lubbock County THIS AGREEMENT, made this 12th day of August, 1976, by and between the City of Lubbock, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of curb and gutter and incidental items within the limits from 45th Street along Avenue "A" to Spur 326 on U.S. Highway No. 87, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construc- tion cost of this work is Twelve Thousand Seven Hundred and No/100 Dollars ($12,700.00), includ- ing contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 68512, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the Citywill transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Twelve Thousand Seven Hundred and No/100 Dollars ($12,700.00), to be used in pay- ing for the proposed work required by the City in the City of Lubbock. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the 7T i, [I] AUG 1� am aft 0" 76-35-313-655 1 (21) City. It is further understood that the work to be done on behalf of the City, as herein provid- ed, will include the cost of contingencies and construction engineering. It is further under- stood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 68512, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in dupli- cate on the day above stated. CITY OF LUBBOCK Party of the First Part By: /s/ Roy Bass, Mayor By:/s/ Member of City Council By: Member of City Council By: Member of City Council By: Member of City Council STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part 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: By: Asst, Engineer -Director under authority of Commission Minute 70104 Recommended for exeuction: (State) Director, Finance WHEREAS, in LUBBOCK COUNTY on U.S. HIGHWAY 87, the City of Lubbock has requested assistance in the widening of pavement including incidental items thereto from Spur 326 to 45th Street, a distance of approximately 4.1 miles and WHEREAS, an analysis of the request indicates that such work will materially add to traffic safety on this facility; NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of Lubbock: Provided the City will: 1. Provide for the adjustment of utilities, the construction of curb and gutter where none now exist, etc., all as may be necessary for a complete project with the exception of pavement and its support. 2. Assume responsibility for the construction of driveways and sidewalks where none now exist should they be deemed necessary now or in the future and agree to make such installa- tions in accordance with governing policies and regulations of the Department. 3. Maintain that portion of the work which is its responsibility in accordance with pre- sent maintenance agreement and agree to regulate traffic, prohibit all parking and pre- vent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. The Texas Highway Department will: 1. Provide for widening pavement and its support within these limits. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. It is understood that the responsibility of the Texas Highway Department is confined to the pavement and its support, and all other features necessary now or in the future to provide an adequate travel facility shall be the responsibility of the City of Lubbock. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Lubbock, the State Highway Engineer is directed to proceed with development of plans for con- struction in the City has fulfilled its responsibilities, proceed with construction in the most feasible and economical manner, financing the cost as presently authorized in the 19751977 Conso ted Highway Program. It is understood that the City may discharge its construction obligations as outlined herein in any manner as they may elect. In the event the City desires the State to include their portion of the work in the State's construction contract, the State Highway Engineer is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Lubbock and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize final payment to W.D. Turner Construction Company in the amount of $18,813.64 for the 1976 Maintenance Program, GWO 3165. The total cost of the work is $188,136.40. Honorable Mayor and City Council City of Lubbock Lubbock, Texas Gentlemen: August 12, 1976 31 IG 2 1976 I submit herewith the closing documents for the 1976 Maintenance Program G.W.O. 3165. Final inspection has been made of the abovementioned improvements, and said improvements have been constructed in accordance with plans and specifications and contract documents. I, therefore, recommend acceptance of the improvements. Very truly yours, /s/ Wilford D. Watson POB/tc City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS I COUNTY OF LUBBOCK I Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared Jim Turner, who being by me duly sworn, upon oath says: I, Jim Turner of W. D. Turner Construction Co., do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated February 26, 1976, for 1976 Maintenance Seal Coat under GWO 3165, and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, material, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full andfinal moneys due me under this contract. Witness my hand this 12th day of August, 1976. W. D. Turner Construction Company Attest: /s/Jim Turner Subscribed and sworn to before me this 12th day of August, 1976. /s/ Gladys Abbott Notary Public in and for Lubbock County, Texas 76-35-314-656 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed authorizing paving improvements on North Boston Avenue between Newcomb Street and Regis Street and authorizing the City's cost in the amount of $2,029.74, to be paid from Revenue Sharing Funds. The Developer's cost is in the amount of $18,135.14. RFg0T.TT T`TIIN WHEREAS, the City Council has heretofore determined that the City would contribute the custo- mary city portion of the cost of street paving improvements, as determined by City of Lubbock paving policy, to be constructed in accordance with the standard City of Lubbock street plans and specifications as approved by the City Engineer, and the owners of property abutting Boston Avenue from the centerline of Regis Street to 13' S. of the S.P. L. of Newcomb Street, have re- quested permission to have pavement improvements constructed on the aforementioned street and the paving of said street is needed to provide access to the area during its construction period, and the City Engineer has approved the plans and specifications for such improvements, and, WHEREAS, O.A. Webb, Merle Rodgers and David Hester, the owners of the property abutting on the herein described street will contract separately with a competent contractor for the above street improvements, and said improvements will be constructed in accordance with the abovementioned plans and specifications under the supervision of the City Engineer, and the said owners desire that the City contribute its customary share towards such paving, and, WHEREAS, the contract cost of the paving improvements will not exceed $20,164.86, the total cost not over $21,374.76, and the City's share in connection therewith wouldnot exceed $3,239.64, leaving the property owner's portion not to exceed $18,135.14, such costs being well within the current prices for paving obtained by competitive bidding, and that such payment to be made by the City is reasonable, fair and just to the abutting property owners, the City and all other persons affected thereby, and that the sum of $3,239.64 will be duly budgeted, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT, the City Engineer be and he is hereby authorized to approve plans and specifications for paving on the street herein described, provided that such plans and specifi- cations meet the Causal requirements for paving on streets within the corporate limits of the City of Lubbock; said street being as follows, to --wit: Boston Avenue from its intersection with the centerline of Regis Street to 13.00 feet south of the south property line of Newcomb Street, known and designated as New Subdivision Unit Number 67 of Unit Number 2018. 31f- .r W" am AUG 12 IS The City Engineer is further authorized and directed to duly inspect said paving construc- tion on said street and to require strict compliance with the approved plans and specifications, and upon completion of said paving, and upon final approval by the City Engineer and acceptance ;j of such improvements by the City Council, the City Engineer is authorized to pay the contractor in full and final payment of the City's share of the cost of the abovementioned improvements a sum not to exceed $2,029.74 which is the City's share ($3,239.64 less $1,209.90 engineering), leaving the amount due the contractor from the property owners not to exceed $18,135.14. Section 2. This authority is conditioned that the owners of abutting property and the con- tractor will pay for all material and labor and costs incidental to such construction, indemnify the City of Lubbock against any costs, claims, or damages of every nature pertaining thereto, and that the Contractor furnish the City Engineer with acceptable evidence that the contractor and his sub -contractors, if any, are adequately covered by public liability and property damage insurance policies, that the said owners of abutting property will cause such paving to continue to be done accordant to the approved plans and specifications, and that upon completion thereof and final approval of the City Engineer all improvements designated herein shall be a permanent part of said street and the property of the City of Lubbock, without any liability whatsoever, except for the payment of a sum of $2,029.74 to the contractor. On motion the Councilwoman Jordan, seconded by Councilman McAlister, the foregoing resolution was unanimously passed by the City Council this 12th day of August, 1976. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips _ Treva Phillips, City Secretary The owners of abutting property on the abovementioned street, and W.D. Turner Construction Co., Contractor,do hereby accept and agree to fully abide by the foregoing provisions for the con- siderations therein stated. Mr. O.A. Webb (unplatted part) 773.51 S.Y. of Paving @ $2.90=$2,243.18 435.10 L.F. of C & G @ $3.00 = 1,305.30 =$3,548.48 By. W.D. Turner Construction Co. By. O.A. Webb Mr. O.A. Webb, Lots 1 and 28, Crest Hill Addition 354.00 L.F. of side footage @ $10.16 = $3,596.64by O.A. Webb Mr. Merle Rodgers, Lot 29, Crest Hill Addition 177.27 L.F. of side footage @ $10.16=$1,801.06 David Hester, Lots 1 thru 56 Colonia Addition 1,015.11 S.Y. of Paving @ $2.90 = $2,943.82 523.00 L.F. of C&G @ 3.00 = 1,569.00 $4,512.82 David Hester (Part of Tract "B" Hillcrest) 1,019.32 S.Y. of Paving @ $2.90 = $2,956.03 573.37 L.F. of C & G @ 3.00 = 1,720.11 $4,676.14 APPROVED: /s/ Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr., City Attorney by Merle Rodgers by David Hester by. . David Hester 76-35-315-657 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (23) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7311 on first reading. ORDINANCE NO. 7311 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS: A PORTION OF 17TH STREET WHICH LIES IMMEDIATELY EAST OF AVENUE A IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-315-658 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (24) Bass,Councilmen West, Jordan, Henry and McAlister voting Yea, none voting to pass Ordinance No. 7312 on first reading. ORDINANCE NO. 7312 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A UTILITY EASEMENT LOCATED IN LOT 3, SAFE - WAY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED HEREIN- AFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 31s SG 1 2 1976 76-35-316659 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (25) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. RF.q TT.TTTTON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT since it is deemed advisable and in the public interest to change the mode of transfer of certain rights in a utility easement from the City of Lubbock, Texas, unto Old Glory Corporation, therefore the PUBLIC UTILITY EASEMENT USE LICENSE authorized by this City Council between said City and said Corporation at the July 22, 1976 meeting of this City Council is hereby in all things cancelled and expunged from the minutes of said meeting, and in lieu and as a substitute therefor, the execution by the Mayor of the instrument set forth below in Section 2 hereof is hereby authorized. SECTION 2. THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Partial Quitclaim of Utility Easement in favor of Old Glory Corporation attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of August, 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 PARTIAL QUITCLAIM OF UTILITY EASEMENT THE STATE OF TEXAS X COUNTY OF LUBBOCK I WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, herein called "GRANTOR" has been requested to Quitclaim a portion of utility easement granted to GRANTOR by Flagg Homes, Incorporated, of record in Volume 1329, Page 996, of the Deed Records of Lubbock County, Texas, in order to accomodate the cantilevered second floor at the rear of the Hilton Inn which overhangs said easement in Lot 3, Safeway Addition to the City of Lubbock, Lubbock County, Texas; and, WHEREAS, Old Glory Corporation being the legal entity formerly known as said Flagg Homes, Incorporated, hereinafter called "GRANTEE", has made such request and GRANTOR finds that it is in the public interest to comply therewith and such action will not adversely affect the use and enjoyment of the remainder of such easement remaining after execution and delivery of this in- strument by GRANTOR unto GRANTEE; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: FOR and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS to GRANTOR cash in hand paid by GRANTEE, and other good and valuable consideration, receipt of which is hereby acknow- ledged and confessed, GRANTOR does by these presents abandon, disclaim, release and forever Quitclaim unto GRANTEE all of GRANTORS right, title and interest in said utility easement inso- far as same applies to all rights of GRANTOR in and to the airspace from ten feet above ground or surface level (on up) as located ten feet above the west four feet of the following described surface real estate: BEGINNING at a point 25.00 feet South and 25.00 feet West of the Southwest corner of Lot 1, Safeway Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 178.62 feet; THENCE West a distance of 25.00 feet; THENCE South a distance of 4.43 feet; THENCE West a distance of 15.00 feet to a point in the South line of Lot 2, Safeway Addition from which the radius point of a fifteen radius curve bears North 15.00 feet; THENCE Northeasterly around a curve having a radius of 15.00 feet, tangent lengths of 15.00 feet, delta angle of 90° for acurve distance of 23.56 feet to a point of tangency in the east line of Lot 2, Safeway Addition; THENCE North along the east line of said Lot 2 a distance of 341.7 feet to a point of curva- ture; THENCE around a curve to the left having a radius of 15.00 feet, tangent lengths of 15.00 feet, delta angle of 90°, for a curve distance of 23.56 feet; THENCE East distance of 40.00 feet; 317 AUG 12 191t r !176-35-317-660 (26) 76-35-317-661 11 (28) THENCE South a distance of 188.65 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, City of Lubbock, its successors, or assigns, nor claiming under it shall at any time hereinafter, have, claim or demand any right to any persons the title to the aforesaid premises or appurtenances or any part thereof. All rights in said utlity easement not specifically herein released and/or Quitclaimed are hereby in all respects retained by GRANTOR herein. WITNESS MY HAND AT LUBBOCK, TEXAS this 12th day of August, 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 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7313 on first reading. ORDINANCE NO. 7313 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY AMENDING SECTION 2-86 TARE$ORYRBOIARD�;GFOR THE PROVIDINGCA�ASAVOINGSCOLAUSE COMPOSITION PROVIDING FOR PUBLICATIONS OF OFFICE OF S LUBBOCK PUBLIC TRANSIT 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 charge a fee of $50.00 per lot, plus the $80.00 minimum grave opening and closing charge to the County for welfare or indigent burials as recommended by the Cemetery Board. �6-35-317-662 Motion was made by Councilman McAlister, seconded by Councilman (29) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, ing resolution be passed. R E S O L U T I O N "BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: WHEREAS, HR 13040, on retirement plans and in those states; and West, motion carried, Mayor none voting Nay that the follow - if adopted, would impose unwarranted Federal regulations and intrusion programs created and operated by several states for the municipal employees WHEREAS, HR 13040 would impose administrative costs and financial burden on all retirement systems which would result in losses to recipients of the program; and WHEREAS, it is the feeling of this Council there is no need for the Texas Municipal Retire- ment System to be subjected to scrutiny and regulation by employees of Federal boards or bureaus. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lubobck, Texas, hereby vigorously oppose the adoption of HR 13040; and BE IT FURTHER RESOLVED, that copies of this resolution be sent to members of Congress representing the State of Texas and to the Honorable Dolph Briscoe, Governor of Texas." Passed by the City Council, this 12th day of August, 1976. Attest: /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Roy Bass Roy Bass, Mayor of the City of Lubbock /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 6-35-317-663 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. Joe Smith of the First Southwest Company appeared before the City Council and read this resolution. RESOLUTION MINUTES AND RESOLUTION PERTAINING TO THE GIVING OF NOTICE OF THE SALE OF $4,400,000 CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 19763, DATED APRIL 15, 1976. ON THIS the 12th day of August, 1976, the City Council of the City of Lubbock, Texas, con- vened in regular session at the regular meeting place thereof in the City Hall, the meeting being open to the public and notice of said meeting having been given as prescribed by Article 6252-17 Section 3A, V.A.T.C.S., the following members being present and in attendance, to -wit: :48 BUG 2 1976 ROY BASS MAYOR DIRK WEST MAYOR PRO TEM CAROLYN JORDAN COUNCILWOMAN BILL B. MCALISTER COUNCILMAN ALAN R. HENRY COUNCILMAN and TREVA PHILLIPS CITY SECRETARY -TREASURER and NORMAN B. MCCULLOUGH CITY MANAGER also being present; and with the following absent: NONE constituting a quorum; at which time the following among other business was transacted, to -wit: Councilwoman Jordan introduced a resolution authorizing the City of Lubbock to give notice of sale as required by the City Charter of the $4,400,000 City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 1976, dated April 15, 1976, said sale to be made at 10:30 A.M. on the 14th day of September, 1976. The resolution was read in full, and thereupon, Councilwoman Jordan, moved that the resolution be passed. The motion was seconded by Councilman Henry and carried by the following vote: YEAS: Mayor Bass and Councilmen West, McAlister, Henry and Councilwoman Jordan. NAYS: None. The Mayor then announced the passage and immediate effect of the resolution. The resolution is as follows: WHEREAS, all matters in controversy concerning the issuance and sale of the Series 1976 revenue bonds in the amount of $4,400,000 have now been resolved; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the City Secretary -Treasurer give notice of the sale of the $4,400,000 CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1976, dated April 15, 1976, by publishing in the LUBBOCK AVALANCHE -JOURNAL on August 15, 22, 29 and September 5 and 12, 1976, notice of such sale and that said notice be in substantially the following form: NOTICE OF SALE CITY OF LUBBOCK TEXAS The City Council of the City of Lubbock, Texas, will receive sealed bids at the City Hall, Lubbock, Texas, until 10:30 A.M., Daylight Saving Time, September 14, 1976, for the following described bonds: $4,400,000 Citv of Lubbock, Texas Electric Light and Power System Revenue Bonds, Series 1976. Dated April 15, 1976; maturing $220,000 each year April 15, 1978 through 1997. De - any interest payment date thereafter, at the price of par and accrued nomination $5,000. Bonds maturing 1988 through 1997 optional on April 15,1987 or on plus interest a premium of 5% on all bonds called April 15, 1987, such premium reducing 1% for bonds called in each year thereafter until April 15, 1992, on and after which date said bonds optional at par and accrued interest. Further information may be obtained from Mr. Sterling K. Miller, Director of Finance, City of Lubbock, Texas, P. 0. Box 2000s Lubbock, Texas 79457; or from First Southwest Company, Mercantile Bank Building, Dallas, Texas 75201, Financial Consultants to the City. /s/ Treva Phillips City Secretary -Treasurer, City of Lubbock, Texas PASSED AND APPROVED this the 12th day of August, 1976. ATTEST: /s/ ROY BASS /s/ Treva Phillips MAYOR, City of Lubbock, Texas City Secretary, City of Lubbock, Texas -35-318-664 (31) The City Council considered the claim of Nelson G. Terry in the amount of $70.00 for backup at 4514 22nd Street. sewage After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman Henry, West, Jordan, Henry and McAlister voting Yea, none Councilmen votingtion Nay torriedeny,thisoclaim. 35-318-665 (31a) The City Council considered the subrogation claim of SIC Insurance Co. for damage to automobile in the amount of $710.79. After consideration of all information presented motioned's its insur was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none 35-318-666 voting Nay to deny this claim. The City Council (31b) considered the claim of James A. Bagwell in the amount of $1,600 for damages sustained to his automobile at the intersection of 19th Street and Avenue L. After consideration of all information presented, motion was made by Councilman McAlister, Henry, motion seconded by Councilman carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 0 J 31 AUG 12191 ri fl r 76-35-319-667 The City Council considered the claim of Jeffrey Paul Mills in the amount of $75.00 for damage (31c) to his vehicle by reason of hitting a depression in Avenue Q. After consideration of all in- formation presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 76-35-319-668 The following bids were received for the purchase of gun locks for the police automobiles for the (32) Police Department, being Bid No. 3983. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Bailey's House of Guns, Houston, for the purchase of Item 1; accept the bid of Betts & Majors, Inc., Dallas, for the purchase of Item 2. 76-35-319-669 The following bids were received -for the purchase of wooden poles for Electric Distribution, (33) being Bid No. 4000. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of International Paper Co. Ft. Worth, for the purchase of Item 1; accept the bid of Koppers Company, Houston, for the purchase of Item 2. 76-35-319-670 (34) 76-35-319-671 L (35) The following bids were received for the purchase of a computer room air conditioner for Data Processing, being Bid No. 3999. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Bruce Thornton for a computer room air conditioner for Data Processing. The following bids were received for the purchase of water meters for the Water Department, being Bid No. 3988. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Clowe & Cowan, Inc., for the purchase of Items 1 and 4; accept the bid of Viking Supply Co., Houston, for the purchase of Items 2 and 3. 76-35-319-672 The City Council considered bids for the purchase of microfilm equipment for the Microfilm De- (36) partment. 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 Mc- Alister voting Yea, none voting Nay to accept the bid of the Eastman Kodak Company for the purchase of microfilm equipment for the Microfilm Department, to be paid for out of Revenue Sharing Funds. 76-35-319-673 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, (37) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Mrs. Steve Dearth to the Transit Advisory Board. 76-35-319-674 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to nominate Dr. John Otey, Dr. Leonard James and Dr. Norma Porres to the Lubbock Mental Health and Mental Retarda- tion Center. These terms are for two years and will expire August 31, 1978. 76-35-319-675 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Harry Hoopes to the Community Development Advisory Committee to replace Carroll McDonald who resigned. This term expires August 28, 1977. 76-35-319-676 The City Council considered a budget supplement for modification of 19th Street and University (27) Avenue intersection. The City Manager reported the costs for the modification of 19th Street and University intersection to be as follows: 1) Controller $ 5,000 2) Traffic Cable and related parts 1,000 3) Contract Installation --conduit 3,500 4) Median, curb and gutter, street construction --materials & labor 15,067 5) Median landscape changes 475 6) Street light relocation 250 TOTAL $25,292 The City Manager also reported that in addition to the above costs, approximately $6700 in labor costs will be paid from 1975-76 budget, and are available in the Street Department primarily because of increased project work. 21976 After considerable discussion, motion was made by Councilwoman Jordan, seconded by Councilman West, that City Council go ahead and pay for what it previously approved, and instruct staff to look into ways to make this as low as possible; as much as possible of the project costs for 19th Street and University intersection modification should be funded by projects in next year's budget which are lower priority than 19th and University modification. This motion carried by the following vote: Councilwoman Jordan, Councilmen West and McAlister voting Yea, Mayor Bass and Councilman Henry voting Nay. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting, August 12, 1976. S ATTEST: ROY BASS, MAYOR Treva Phillips, Cit Secretary -Treasurer READ AND APPROVED THIS THE 26th day of August, 1976. i(q as ATTEST: 11 ROY BASS, MAYOR , 21, Treva Phillips, City Se retary-Treasurer 1 I 1� i 0 11