Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 9/9/1976SEp 9 1976 REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 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 Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 76-35-344-725 The invocation was given by Fred 0. Senter, Jr., City Attorney. (1) 76-35-344-726 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 76-35-344-727 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (3) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held August 26 and Special Meeting held August 27, 1976. 76-35-344-728 Raymond Powell, Chairman of the Building Board of Appeals, appeared before the City Council (6) recommending passage of an ordinance amending the Building Code regarding attic access and metal joist hangars. Fred 0. Senter, Jr., City Attorney, stated the ordinance is too broad to be enforceable as it is written now and suggested it might be held until review of the 1976 Building Code. Gene Knight, a home builder, also appeared. 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 Ordinance No. 7326 on first reading and request the Staff to bring definitive recommendations at the time of second reading at the meeting of September 23. ORDINANCE NO. 7326 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, (BEING THE BUILDING CODE) BY AMENDING SECTION 5-2 THEREOF: PROVIDING FOR AN AMENDMENT TO SUB- SECTION 4 OF SUB -SECTION (d) OF SECTION 503 OF THE UNIFORM BUILDING CODE PROVIDING FOR OCCUPANCY SEPARATIONS: ADDING A NEW FOOTNOTE 10 TO TABLE NO. 25-P OF THE UNIFORM BUILDING CODE PROVIDING FOR STUD TO SOLE PLATE NAILING AND JOIST AND RAFTER NAILING: AMENDING SUB -SECTION 9 OF SUB- SECTION (g) OF SECTION 2518 THEREOF TO PROVIDE FOR THE ATTACHMENT OF JOISTS AND CONNECTORS: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-344-729 Henry Huneke, Chairman of the Park and Recreation Board, appeared before the City Council and (7a) presented the request of Lubbock Civic Ballet for the use of K.N. Clapp Party House to conduct regular rehearsals. In exchange for use of the building, the Ballet would offer instruction to those persons interested in this type of dancing. 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 this request. 76-35-344-730 Henry Huneke, Chairman of the Park and Recreation Board, appeared before the City Council re- (7b) commending that the ten acre park site near Reese Air Force Base be designated as a radio controlled model flying facility, and any other use of this site must be scheduled only by special permission of the Park and Recreation Department. After consideration of all informa- tion 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 accept the recommendation concerning the ten acre park site adjacent to Reese Air Force Base. 76-35-344-731 Henry Huneke, Chairman of the Park and Recreation Board, appeared before the City Council and (7c) presented recommendations of naming various parks. After consideration 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 accept the Board's recommendations on the following parks: 1) Ten acre site near Reese Air Force Base - Lubbock Model Airport 2) Developed park at lst and Boston Avenue - Charles Maedgen, Jr. 3) Developed park at lst and Vernon Avenue - 0. D. Hollins 4) Portion of playa lake located at 73rd and York - Jan Jennings 5) Portion of playa lake in Potomac Park Addition - N. B. McCullough 6) Site across from Arnett School - Clayton Carter. 76-35-344-732 Henry Huneke, Chairman of the Park and Recreation Board, appeared before the City Council re- (7d) garding donation of lots in Martin-Ameen Addition for recreational use. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to refuse this donation. 76-35-344-733 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (7e) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7327 as an emergency measure. ORDINANCE NO. 7327 AN APPROPRIATION ORDINANCE II WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate 35 SEP 9 197( i .. s 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: PARK BOND FUND The sum $1796.30 For the following purpose: Labor, material & equipment for paving of portions of 55th Drive, Toledo Avenue, and 60th Street adjacent to George Dupree Park. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared 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. 76-35-345-734 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (7f) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. P'PQ_r)T TTTTNKI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an EXTENSION AGREEMENT to the Research, Monitering and Advisory Service Agreement with Texas Tech University Water Resource Center on the Canyon Lakes Water Quality 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 9th day of September, 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 EXTENSION AGREEMENT TO THE RESEARCH, MONITERING AND ADVISORY SERVICE AGREEMENT CANYON LAKES WATER QUALITY WHEREAS, the City of Lubbock and Texas Tech University Water Resource Center entered into an Agreement on February 22, 1973, for the performance of research, monitering and advisory service on the Canyon Lakes Water Quality, and WHEREAS, such Agreement was extended for twelve (12) months by an Extension Agreement dated September 13, 1973, and an additional twelve (12) months extension on September 26, 1974, and, WHEREAS, the parties to such Agreement have notified the other party that this Agreement should be extended for an additional twelve (12) month period. WITNESSETH: The City of Lubbock and Texas Tech university Water Resource Center do hereby extend that certain Agreement dated February 22, 1973, as described above and the Extensions thereof, for a period of: twelve (12) months beginning on October 1, 1976. This Extension is granted upon the same terms and conditions as set forth in the original Agreement. The City shall pay to the Center as compensation for the services to be performed during the twelve (12) months of this Extension, the sum of $7,347.00 with payment to be made at the rate of $612.25 per month on the first date of each month of the extension period. EXECUTED THIS THE 9th day of September, 1976. CITY OF LUBBOCK ATTEST: /s/ Roy Bass _ ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred0. Senter,,Jr. Fred 0. Senter, Jr., City Attorney 346 ;EP 9 1976 76-35-346-735 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (8) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7322 on second and final reading. ORDINANCE NO. 7322 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: Water Capital Project The sum $36,876.00 For the following purpose: Purchase 1,100 - 3/4" water meters @ 22.84 - $25,124.00 200 - 1" water meters @ 58.76 - 11,752.00 Total $36,876.00 76-35-346-736 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (9) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7323 on second and final reading. ORDINANCE NO. 7323 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 INDIANA AVE. FOR TURN LANES AT 50th STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT BOND FUND GWO 10929 The sum $27,455.00 For the following purpose: Acquisition of Right -of -Way for Indiana Avenue Turn Lanes onto 50th Street Land only---------------------------- $27,143.00 Title Polices------------------------- 305.00 Filing Fees-------------------------- 7.00 Total------------- $275455.00 76-35-346-737 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (10) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7314 on second and final reading. ORDINANCE NO. 7314 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. 2091: CHANGE LOTS 1, 2, 3, 13, AND 16, BLOCKS 1 AND 2, FRANCES PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-M ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-346-738 The City Council considered the passage of Ordinance No. 7315 on second reading changing property (11) located north of 34th Street between Bangor and Chicago Avenues from "R-1" to "R-2" Zoning Dis- trict (Zone Case No. 2023-A). Jim Bertram, Director of Planning, appeared before the City Council stating he had had a call from Bill Phillips, representing Lubbock Christian College, the proponent in this zone case, and additional requirements regarding brick facing was discussed. Mr. Bertram stated this is done usually through deed restrictions. Mr. Phillips appeared before the City Council and stated the 25% brick facing on the front of the structures, would be no problem to them. After consideration of all information presented, motion was made by Councilman Henry to pass Ordinance No. 7315 on second reading requiring 25% brick facing on the front of the structures, with the understanding that Lubbock Christian College intends to have incorporated in deed restrictions when their lawyer returns from Europe. This motion died for lack of a second. Motion was then 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. 7315 on second and final reading with Lubbock Christian College instructed to put in deed restrictions that 25% brick facing will be required on the exterior. ORDINANCE NO. 7315 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. 2023-A: CHANGE LOTS 347-365 GREENLAWN ADDI- TION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; SUBJECT TO CONDI- TIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-346-739 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7316 on second and final reading. 34 SEP 9 1: F r r r ORDINANCE NO. 7316 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2092: CHANGE LOT 4 AND 5, BLOCK 6, WESTMORE- LAND ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-347-740 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7317 on second and final reading. ORDINANCE NO. 7317 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. 1794-B: CHANGE TRACTS E, F, H, AND I, AND TRACT G; LOTS 544-550 AND LOTS 758-762, RAINTREE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-1, AND R-2 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-347-741 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7318 on second and final reading. ORDINANCE NO. 7318 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. 1837-A: CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, HORIZON WEST ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 AND R-2 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-347-742 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7319 on second and final reading. ORDINANCE NO. 7319 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. 2093: CHANGE LOTS 27 AND 28 CLOVIS ROAD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO M-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-347-743 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (16) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7320 on second and final reading. ORDINANCE NO.7320 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. 1153-C: CHANGE LOTS C AND D SECURITY PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO A-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-347-744 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. 7321 on second and final reading. ORDINANCE NO. 7321 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6579 WHICH AMENDS ZONING ORDINANCE NO. 5205 OF THE CITY OF LUBBOCK BY AMENDING SECTION 1 THEREOF PROVIDING FOR A REVISED SITE PLAN IN ZONE CASE NO. 1131-F; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-347-745 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. 7324 on second and final reading. ORDINANCE NO. 7324 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. 1565-B: CHANGE TRACTS D, E, AND F, SOUTHWEST COMMERCIAL PARK ADDITION, CITY OF LUBBOCK, TEXAS FROM C-4 TO M-1 ZONING DISTRICT; SUBJECT TO CON- DITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-347-746 The City Council considered the passage of Ordinance No. 7324 on second reading changing property (19) located south of Loop 289 and east of Indiana Avenue by amending Ordinance No. 6489, Zone Case No. 1391-F. Councilwoman Jordan stated that since first reading of this ordinance, additional information had come to her attention that the Council might want to hear. Mr. Senter discussed the legal aspects of reopening the case, stating he did not recommend opening for discussion on second reading. Mayor Bass stated Staff comments would be appropriate, and asked Jim Bertram, Director of Planning, to answer the questions of the Council. Mr. Bertram discussed the motion made to clarify the motion made at the time of passage on first reading, that under this motion used cars could be on the west one-half, if they desire. 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 a representative of the Home Owner's Association be afforded the opportunity to be heard. Jack House appeared representing residents of Melonie Park South. He stated they had made a compromise with Mr. Pollard, which when the zone case was initiated, was acceptable to everyone in regard to lighting, fence, public address systems, etc., 6-p 9 1976 and that they did not agree to the new situation, as home owners, and felt it was an injustice to them. It was the consensus of the City Council to postpone this item for two weeks to allow time for the home owners and Mr. Pollard to work toward an agreement. 76-35-348-747 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (21) motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. 12 V COT T1rPTf1rT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized to execute Letter Agreement dated August 2, 1976 from the DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Regional Office executed by TRAVIS Wm. MILLER, Assistant Regional Administrator for Community Planning and Development in regard to PROJECT OSL-TX-16-1006 wherein the original contract is amended by deleting two (2) parcels designated as Tracts 1 and 2 of Map 2 of said Project which is made a part hereof by reference thereto, 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 9th day of September, 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 V 5T a z HARvARD 5T L � R Ilk V\ :.� ,. ; SCH /sl ROY BASS ROY BASS, MAYOR t IL nn SEP 9 1976 76-35-349-748 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, w (22) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7328 on first reading. ORDINANCE N0. 7328 AN ORDINANCE ESTABLISHING A 20 MPH ZONE FOR TRAFFIC BETWEEN THE HOURS OF 7:45 A.M. AND 3:30 P.M. ON SCHOOL DAYS ON BOTH SIDES OF ELGIN AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AT THE LOCATION HEREIN SET FORTH 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. 76-35-349-749 The City Council considered an ordinance establishing speed zone on Slide Road from 4th Street to (23) the south city limits. Mr. McDaniel, Director of Traffic, appeared and discussed this proposed ordinance. 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 not to pass this ordinance and to instruct the City Manager to write the Highway Department explaining the City Council's objection to changing the speed limits on Slide Road from 4th Street to the south city limits. 76 -35-349-750 The City Council considered possible financing of improvements at 19th Street and University (24) Avenue. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, Councilman Henry voting Nay to finance this project from upcoming re- venue sharing funds. 76-35-349-751 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (25) 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 ALLEYS, AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Lubbock Asphalt Products, Inc. (G.W.O. 3120) for the making and construction of alley improvements on portions of numerous alleys, in said City including among others the following: North -South Alley between Paris Avenue and Avenue "0" from its intersection with the North Lip Line of 16th Street to its intersection with (aline) 122.50 feet South of the South Property Line of 15th Street (West Leg) known and designated as Sub -Unit Number 2 of Unit Number A-460. East-West Alley between 19th and 20th Street from its intersection with (a line) 14.00 feet West of the East Property Line of Hartford Avenue to its intersection with (a line) 12.00 feet East of the West Property Line of Gary Avenue known and designated as Sub -Unit Number 15 of Unit Number A-460. East-West Alley between 21st and 22nd Streets from its intersection with the East Lip Line of Elgin Avenue to its intersection with the West Lip Line of Canton Avenue known and designated as Sub -Unit Number 20 of Unit Number A-460. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 3120). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK: I. That the improvements on said portions of the abovementioned alleys, be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9th DAY OF SEPTEMBER, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer /s/ Roy Bass ROY BASS, MAYOR APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney SEp g 1976 CONSOLIDATED FINAL ESTIMATE G.W.O. 3120 Accepted 9th September 1976 QUANTITIES L.F. S.Y. S.X. S.Y. C&G Removed Unit & L.F. Alley Valley Re-sur- and Pavement Sub -Unit Location C&G Paving Gutter facing Repair A-460-2 N-S Alley between Paris Ave 166.98 and Ave. "0" from NLL of 16th St. to 122.5 feet S. of SPL of 15th St. (West leg). A-460-15 E-W Alley between 19th St. and 69.68 704.77 60.00 20th St. from 14'W. of EPL of Hartford Ave. to 12' E. of WPL of Gary Ave. A-460-20 E-W Alley between 21st and 55.48 923.88 52.80 22nd Streets from ELL of Elgin Ave to WLL of Canton Ave. TOTALS 125.16 1,795.63 112.80 COST ESTIMATE 125.16 L.F. Curb & Gutter @ $ 3.75 $ 469.35 1,795.63 S.Y. Alley Paving @ $ 12.25 $21,996.47 112.80 L.F. Curb and Gutter Removal & @ $ 5.00 $ 564.00 Pavement Repair COST DISTRIBUTION CONTRACT COST $23,029.82 Unit & Contract Property City Sub -Unit Cost Owner Cost Cost A-460-2 $ 2,045.51 $1,877.53 $ 167.98 Corrected A-460-15 $ 9,194.73 $4,634.31 $4,560.42 A-460-20 $11,789.58 $6,166.30 $5,623.28 Sub -Total $23,029.82 $12,678.14 $10,351.68 A-460-2 $-2,045.51 $-2,773.23 $+ 727.72 Less Amounts shown on 9-25-75 Acceptance Total $20,984.31 $ 9,904.91 $11,079.40 Amount Due Contractor $20,984.31 76-35-350-752 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (26) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. T?T; CZnT TTTTn?,T RESOLUTION ACCEPTING IMPROVEMENTS ON (A PORTION) OF (AN ALLEY) AS LISTED BELOW: WHEREAS, The City of Lubbock passed (a resolution) on Ilth of September 1975 authorizing the construction of alley improvements by Lubbock Asphalt Products, Inc. on ( a portion) of the following: East-West alley between 20th Street and 21st Street from its intersection with the West Lip Line of Hartford Avenue to its intersection with the East Property Line of Indiana Avenue, known and designated as Sub -Unit Number 13 of Unit Number A-460. AND WHEREAS, the improvements upon the said (portion) of the abovementioned Alley has been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said (portion) of the abovementioned alley be, and the same are here- by accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's share (and release escrow money). II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 9th DAY OF SEPTEMBER 1976. ATTEST: /s/ Roy Bass _ /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED: APPROVED: 3051 SEP 9 1976 �! /s/ Wilford D. Watson /s/_Fred 0. Senter, Jr. I; Wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney I� CONSOLIDATED FINAL ESTIMATE Resolution Paving A-460-13 Accepted 9th September 1976 QUANTITIES L.F. S.Y. C & G Removal Unit & L.F. Alley and Pavement Sub -Unit Location C & G Paving Repair A-460-13 E-W Alley between 20th and 35.42 689.31 32.00 21st Streets from EPL of Indiana Avenue to WLL of Hartford Avenue. COST ESTIMATE 35.42 L.F. Curb & Gutter @ $ 3.75 $ 132.83 689.31 S.Y. Alley Paving @ $12.25 $8,440.05 32.00 L.F. Curb and Gutter & Pavement Reapir @ $ 5.00 $ 160.00 CONTRACT COST $8,736.88 COST DISTRIBUTION Unit & Contract Property City to Sub -Unit Cost Owner Cost Contractor A-460-13 $8,736.88 $4,596.00* $4,140.88* *As determined by Resolution passed llth September, 1975. 76-35-351-753 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (27) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a PARTIAL PAVING ASSESSMENT LIEN RELEASE affecting parts of Ordinance No. 7066 as therein described specifically in favor of abutting property owners of recordas their respective interests may appear, 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 9th day of September, 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 PAVING RELEASE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the City Council of the City of Lubbock, Texas, finds that certain apparent paving liens should be released (as hereinafter set forth) by reason of the fact that paving improvements were never in fact made pursuant thereto in certain instances; NOW THEREFORE: For and in consideration of the premises, and the need to correct the public records with respect hereto the City of Lubbock does hereby release, relinquish, and quitclaim all its right, title and interest in and to the following specific paving liens unto the abutting property owners of record as their respective interests may appear, said paving liens being described for release hereby as follows: Part of Subunit 2 of Unit No. A-460 as follows: Insofar as said paving ordinance and liens affect the following described property only: Lots 1, 2, 3, and 4, Block 175, Original Town Addition to the City of Lubbock, Lubbock County, Texas, and Lot 12, Block 1, G. A. Rush Addition to the City of Lubbock, Lubbock County, Texas, abutting the North -South Alley Avenue "0" and Paris Avenue between 15th and 16th Street in said City. The preceding paving liens against said property above described were included in GWO/3120, Ordinance No. 7066, Final Reading May 8, 1975, Filed and Recorded on May 23, 1975, in Volume 1407, pages 942-981 (inclusive) of the Deed Records of Lubbock County, Texas. 352 Sip g 1976 76-35-352-754 (28) 76-35-352-755 (29) PROVIDED HOWEVER THAT: Only the liens above specifically described (as being released) are released hereby, and all other remaining liens created by said Ordinance No. 7066 are hereby expressly retained by said City of Lubbock. WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of September, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: 1s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass _ ROY BASS, MAYOR 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 that the follow- ing resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 1-90, Ridge Wood Addition. WHEREAS, the Developer of Lots 1-90, Ridge Wood Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improve- ments for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $47,787.17 with the improvements con- structed by Panhandle Construction Company having a value of $44,676.60 as determined by the unit prices established by said Chapter 34, and $3,110.57 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata, and actual cost) paid to the City, with Jerry Bradshaw, the developer to receive a refund of $11,196.77 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $11,196.77 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 1976. Attested: /s/ Roy Bass Roy Bass , Mayor ^� /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 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 that the follow- ing resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lot "A" McIlaney Addition. WHEREAS, the Developer of Lot "A", Mcllhaney Addition have complied with the provisions of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improve- ments for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $9,817.06 with the improvements con- structed by Panhandle Construction Company having a value of $8,962.49 as determined by the unit prices established by said Chapter 34, and $854.57 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata, and actual cost) paid to the City, with Durwood 0. Jones, the developer, to receive a refund of $5,386.44 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and said improvements have been completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: -353 SEP 9 1976 76-35-353--756 (30) 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refundable cost in the amount of $5,386.44 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 1976. 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 Councilman McAlister, 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 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Correction Deed in favor of State of Texas, Texas State Highway Commission, Texas State Highway Department and its successor,the Texas State Department of Highways and Public Transportation, 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 9th day of September, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred O.Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ ROY BASS ROY BASS, MAYOR CORRECTION DEED STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, an error of the scrivener occurred in a deed from the City of Lubbock, Texas, herein called "Grantor", unto the State of Texas acting by and through the State Highway Com- mission, herein called "Grantee", said deed being recorded in Volume 763, Page 395 of the Deed Records of Lubbock County, Texas,same being incorporated by reference herein as if fully copied herein in this place; and, WHEREAS, the parties hereto and thereto are desirous of correcting said error (being and error of legal description of the land conveyed); NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: I. That for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) to Grantor cash in hand paid by Grantee and the further consideration of correcting the public record to correctly reflect the intention of parties to said original deed, the following amendment and/ or correction is made thereto: In the first call of the metes and bounds description of the land conveyed by said deed, the words now appearing as follows: "818.8 feet south of the northwest corner" BE AND THE SAME IS HEREBY AMENDED TO READ HERE- AFTER AS FOLLOWS: "976.5 feet south of the northwest corner" In all other respects said deed shall remain the same, and as hereby amended and corrected is hereby in all things ratified and confirmed as of the date of its first writing and execu- tion unto the State of Texas, the State Highway Commission, and the Texas State Department of Highways and Public Transportation (being successor in function to the Texas State Highway De- partment). WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of September, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer /s/ ROY BASS ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 354 S EP 9 1976 76-35-354-757 The City Council considered the request of Mrs. William Lowrimore, Jr., to waive paving assess- (31) ment interest on Lot 174, DePauw-McLarty Addition. After consideration of all information pre- sented, 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 request. 76-35-354-758 The City Council considered as an emergency measure the need for the City of Lubbock to seek to (32) intervene in proceedings before the Public Utilities Commission Docket Number 78, in which Southwestern Bell 'Telephone Company is applying for a statewide increase in rates. Councilwoman Jordan reported on a meeting held August 30, of the Public Utility Council of the Texas Munici- pal League Committee of which she is a member. She stated that the Public Utilities Commission has passed a rule which will preclude cities from presenting any information on a city by city rate case, and that the Utility Council needs a resolution asking that this rule be changed. The City has 10 days to seek to intervene. It would possible mean, if they grant the City's ability to intervene grouped as "Cities of Texas", the Texas Municipal League would like the City of Lubbock to work with other cities looking to the contracting of services of a professional utility consultant and prepare a report for the cities' use in making presentation before the Public Utility Council. It would cost $4,500 (assessed at 3(,% per person, based on 150,000 popula- tion). Fred 0. Senter, Jr., City Attorney, reported that he has been in contact with other cities in the West Texas area, and they would like to intervene and be included. 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 that the City of Lubbock seek to intervene; that the City of Lubbock agree to participate with other cities; and that assessment up to 3C per person ($4,500) be paid out of Special Project Funds. 76-35-354-759 Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, (32a) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed requesting the Public Utilities Commission to deny the request of South- western Bell for an increase in rates and that copies be sent to our Legislators, Senator Hance and the Governor in an effort to get this repealed. RESOLUTION WHEREAS, a recent act of the Texas legislature created the Public Utility Commission of Texas; and WHEREAS, on the stroke of first day this Commission acquired jurisdiction over telephone rates, Southwestern Bell Telephone Company lumbered forth with the greatest state wide increase proposed in its history; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Public Utility Commission of Texas is strongly urged to carefully study this flag- rant request for exhorbitant rates presented in a sweeping state wide manner and take strong action to grant only the requested increases in areas where they are justified and deny in firm fashion the increases requested for the South Plains -West Texas area which are admittedly in excess of necessary returns; and FURTHER, the Commission is urged to show by its action that it has the courage to consider the interests of the people of Texas and not become an automatic stamp of approval for utility re- quests. Passed by the City Council this 9th day of September, 1976. ATTEST: /s/_Roy Bass ^T 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 76-35-354-760 The City Council considered the claim of Arthur Thomas and Helen Thomas in the amount of $4,448 (36) for personal property lost in demolition procedure on garage. Mr. and Mrs. Thomas appeared before the City Council in regard to this claim. After consideration of all information pre- sented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 76-35-354-761 The City Council considered the claim of Debra Adair in the amount of $75.00 for damages to her (36a) automobile. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 76-35-354-762 The City Council considered bids for runway overlay and extension construction at Lubbock Re- (37) gional Airport and 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 H. B. Zachry Company, subject to FAA funding. 76-35-354-763 The following bids were received for chemical cleaning of brick and masonry at the north end of (38) the Coliseum, being Bid No. 4009. Bid Tabulation set in Bid Book. 355 SEP 9 1976 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 Jiffy Port -A -Wash for chemical cleaning of brick and masonry at the north end of the Coliseum. 76-35-355-764 The following bids were received for the purchase of miscellaneous electric items for Warehouse (39) stock, being Bid No. 4018. 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 Nelson Electric Supply Company for the purchase of Items 1 and 20; accept the bid of Westinghouse Supply Co. for the purchase of Items 3, 4, 5, 6, 8, 9, and 11; accept the bid of Fields & Co. for the purchase of Items 7 and 12; accept the bid of Graybar Electric Co., Amarillo, for the purchase of Items 10, 13 and 14; accept the bid of General Electric Supply for the purchase of Item 15; accept the bid of Southwestern Electric Supply Co. for the purchase of Items 16, 17, 18 and 19. 76-35-355--765 The following bids were received for the purchase of miscellaneous electric items for Warehouse (40) stock, being Bid No. 4019. 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 Westinghouse Electric Supply Co. for the purchase of Items 2, 4, 5, 6, 7 and 8; accept the bid of General Electric Supply Co. for the purchase of Items 3 and 9; accept the bid of Southwestern Electric Supply Co. for the purchase of Item 10; and accept the bid of Fields & Co. for the purchase of Item 11. 76-35-355-766 The following bids were received for the purchase of miscellaneous traffic controllers for (41) Traffic Engineering Department, being Bid No. 4020. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, MayorBass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Crouse -Hinds Co., Dallas, for the purchase of miscellan- eous traffic controller items for Traffic Engineering. 76-35-355-767 The following bids were received for the purchase of lumber for the Park and Recreation Depart- (42) ment, being Bid No. 4022. 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 Farm Discount Store, Plainview, for the purchase of lumber for the Park and Recreation Department. 76-35-355-768 The following bids were received for the purchase of a tickometer for the Civic Centex, being (43) Bid No. 4029. 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 vot- ing Yea, none voting Nay to accept the bid of Pitney -Bowes for the purchase of a tickometer for the Civic Center. 76-35-355-769 The following bids were received for modifications to Municipal Water Treatment Plant, being (44) Bid No. 4051. 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 Brown -McKee, Inc., for modifications to Munici- pal Water Treatment Plant. 76-35-355-770 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (45) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RR. SfIT.TTT TONT WHEREAS, the City Council of the City of Lubbock, Texas, has heretofore authorized the construction of an electrical transmission line by contract entered into with Highlines Construc- tion Company, Inc., same being dated August 14, 1975, reference being hereby made thereto for all pertinent purposes, and pursuant thereto the Right of Way Department made an offer of $140.00 unto Richard C. Sugarek and wife, Margaret A. Sugarek, for the purchase of a utility easement across their property for the placement and/or construction of said electric transmission line in such easement, which offer was refused; and, WHEREAS, it is expedient and in the public interest to ratify and confirm such offer as a matter of formal public record and to authorize eminent domain proceedings be taken to acquire such easement in light of said refusal of said offer, NOW THEREFORE: Sip 9 1976 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the construction of the said electrical transmission line pursuant to the contract referred to in the preamble hereof is and was a public necessity and there is and was a public need therefore in order to provide for the needs of the public for electrical energy in the City of Lubbock, Lubbock County, Texas, and said utility easement is needed in connection with such project by the City of Lubbock, Texas. SECTION 2. The offer of $140.00 made to Richard C. Sugarek and wife, Margaret A. Sugarek is in all things ratified and confirmed as of the times and dates such offer was heretofore made by the Right of Way Department of the City of Lubbock, Texas, and the refusal of said offer by said Richard C. Sugarek and Margaret A. Sugarek is hereby noted as a matter of record, and this City Council hereby finds and determines such offer has been refused. Said sum of $140.00 is hereby ratified, confimred, and determined (for acquisition) to be reasonable under the cir- cumstances herein. SECTION 3. By reason of the aforesaid refusal of said offer, the City Attorneys Office of the City of Lubbock, Texas is hereby authorized and directed to institute and proceed in eminent domain on behalf of said City to acquire title to a utility easement for said electrical trans- mission line by cross -bill in condemnation in the case of Richard C. Sugarek and wife, Margaret H. Sugarek, against the City of Lubbock, Texas, being Cause No. 83,565 in the 72ND DISTRICT COURT of Lubbock County, Texas, as authorized by Article 3269, Vernon's Annotated Civil Statutes of Texas, and Subdivisions 13 and 15 of Aricle 1175, Vernons's Annotated Civic Statutes of Texas. The utility easement to be acquired (and so authorized hereby) is located in, over, upon, along, under and across the following described tract of land: The East 11 feet of Lot 20, Block 2, Forrest Heights Addition to the City of Lubbock, Lubbock County, Texas Passed by City Council this 9th day of September, 1976. Attest: /s/ ROY BASS /s/ Treva Philli s ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 76-35-356-771 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (46) 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 execute a revised CONTRACT OF SALE between the CITY OF LUBBOCK and AUTO REALTY CO, INC., 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 9th day of September, 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 THE STATE OF TEXAS I COUNTY OF LUBBOCK X CONTRACT OF SALE This is a contract whereby AUTO REALTY CO., INC., acting herein by and through its duly authorized officers, HARRY MORRIS and GEORGE E. MORRIS, herein called Seller, agree to sell to the CITY OF LUBBOCK, TEXAS, a municipal home -rule corporation, herein called Buyer, who agrees to purchase, upon the terms and provisions hereof, the following described real property in its present condition situated in Lubbock County, Texas, to -wit: All of Lot 1 through 10, Block 72, Original Town of Lubbock, Lubbock County, Texas; All of Lots 5 through 14, 18 and 19, Block 71, Original Town of Lubbock, Lubbock County, Texas; All of Lots 17 and 18, Block 72, Original Town of Lubbock, Lubbock County, Texas; All of Lots 16, Block 72, Original Town of Lubbock, Lubbock County, Texas. The Total sales price is Three Hundred Eighty -Nine Thousand Eight Hundred Twenty Dollars ($389,820.00), payable as follows: I. The sum of Forth Thousand Dollars ($40,00.00) in cash to be paid to Seller by Buyer on or before the date of closing. 35'7 SEP 9 1976 2. The execution and delivery by Buyer of Buyer's one certain promissory note in the prin- cipal sum of $349,820.00, dated as of the date of closing and payable to the order of Seller, bearing interest at the rate of seven (7) percent per annum and payable in fourteen (14) annual installments of Forty Thousand Dollars ($40,000.00) each, the first of such installments to be paid on September 1, 1977, in the amount of Forty Thousand Dollars ($40,000.00) and a like installment payment to be due and payable on the 1st day of September of each year thereafter, for a period of fourteen (14) years and until the full amount of the note is paid. The note to be executed by Buyer hereunder shall be non-negotiable and secured by a vendors lien and deed of trust with power of sale upon said property and with the usual covenants and provision as to taxes, hazard insurance, acceleration of maturity on account of default and for attorneys' fees and such non-negotiable note and deed of trust with the Trustee named by Seller, are to be upon current forms of the State Bar of Texas or at Seller's election upon forms meeting the approval of the hereinafter named attorneys. The furnishing of such non-negotiable note and deed of trust and the recording thereof shall be at the expense of Buyer. Seller is to furnish Buyer a complete abstract of title to the above described property with tax certificates showing no delinquent taxes (current taxes, insurance, and rent, if any, to be prorated to day of closing). A general warranty deed to be recorded at Buyer's expense, con- veying good and marketable title subject only to any liens to be created or assumed hereunder and the following: 1. Present restrictions, if any, against the property; 2. Existing building and zoning ordinances, if any. The abstract of title to be furnished to Buyer shall be certified by a reputable abstractors to a current date and delivered to Buyer within fifteen (15) days from date hereof, and Buyer shall have thirty (30) days from the date of receipt thereof within which to have the abstracts examined and a written report made thereon, a copy of which report shall be delivered to Seller within that time, pointing out any objections to title made by Buyer, and no objectionthereto shall be considered unless so pointed out. If no valid objections to the title are so pointed out, the sale is to be closed not later than September 1, 1976. If any valid objections to the title are sopointed out, Seller shall have a reasonable tim, not exceeding 120 days from the date of delivery to Seller of the written report pointing out the objections to title, inwhich to cure and remove such objections and close the sale. Time is of the essence of this contract. Upon failure of Buyer to comply herewith, Seller may at its option enforce specific per- formance. If title is found objectionable and is not cleared within the time herein provided, or upon failure of Seller to comply herewith for any other reason, Buyer may either enforce specific performance hereof or seek such other relief as may be provided by law. The hydraulic lifts located upon the above described property and located within one of the buildings upon the above described property belong to the present tenant. If the lifts are removed from the premises from the tenant, it is agreed that the floor shall be restored by Seller and be delivered in a normal condition. This contract shall be closed and possession delivered on or before September 15, 1976, Seller is unable to secure possession from the present tenant. Seller contracts and agrees it will use due diligence in securing possession from the present tenant in order to deliver possession to Buyer herein on or before September 15, 1976. Executed in multiple copies this 9th day of September, 1976. SELLER: AUTO REALTY CO., INC. HARRY MORRIS, President CITY OF LUBBOCK, TEXAS /s/ Roy Bass ROY BASS, MAYOR ATTEST: GEORGE E. MORRIS, Secretary ATTEST: unless: that 11 /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Fred 0. Senter, Jr. FRED SENTER, Attorney for the City of Lubbock /s/ Charles L. Waters CHA.RLES L. WATERS, Attorney for Auto Realty Co., Inc. 76-35-357-772 The City Council considered adoption of the 1976-77 City of Lubbock Budget. A lengthy discussion (33) was had on health services. After consideration of all information presented, 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 adopt the 1976-77 City of Lubbock Budget on which hearing was held August 26, 1976, in accordance with the notice published on August 10, 1976, with revisions as shown on final budget. The City Council considered an ordinance setting the tax rate and levying a tax upon all property 76-35-357-773 for 1976-77. Councilman West made a motion to leave the tax rate as it is; put into effect (34) the landfill increase and garbage rate increase; raise apartment and residential garbage charge, both to $3.00. This motion died for lack of a second. After further discussion, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, Councilman West voting Nay to pass Ordinance No. 7329 on frist reading. S EP 9 1976 ORDINANCE NO. 7329 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1976; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED: FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. SECTION 1. THAT there shall be levied and assessed upon all property subject to taxation within the City of Lubbock, Texas, for the year of 1976, the sum of $1.41 per One Hundred Dollars ($100.00) valuation thereof, and the same shall be applied to the various funds in the following manner: $.61 per $100 valuation to the Interest and Sinking Fund $.75 per $100 valuation to the General Fund $.05 per $100 valuation to the Board of City Development Fund 76-35-358-774 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (35) BAss, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7330 on first reading. ORDINANCE NO. 7330 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMEND- ING SUB -SECTIONS (1), (2), AND (3) OF SUB -SECTION (A) OF SECTION 14-7.3, PROVIDING FOR A CHARGE FOR GARBAGE AND TRASH COLLECTION - BUILDING AND COLLECTION: AMENDING SECTION 14-23 THEREOF PROVIDING FOR DUMP GROUND CHARGES: PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-358-775 The City Council considered the passage of Ordinance No. 7310 on second reading annexing property (20) to the City of Lubbock. Jim Bertram, Director of Planning, was asked to present alternatives for trimming down the annexation area. Mr. Bertram presented maps of the areas showing four alternatives. Discussion was had regarding policy of not extending water service without annexa- © 310 tion; and land development on fringe areas. Mr. Bertram recommended against any policy change regarding water and sewer service. Tom Foster, Fire Chief, discussed fire protection. Bill Wood, Director of Utilities, stated electric lines had been run to serve City owned facilities outside the city limits. After considerable discussion, motion was made by Councilman Henry, b� ©�`�' seconded by Councilwoman Jordan to pass Ordinance No. 7310 on second reading approving Alternate No. 2. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, to modify the ori- ginal motion to pass Ordinance No. 7310 on second reading with the following boundaries approved: BEGINNING at a point in the present City Limits boundary as described by City of Lubbock Ordinance No. 2536, said point being 150 feet north and 150 feet west of the southeast cor- ner of Survey 13, Block A; THENCE west 6757.32 feet, more or less, along the present City Limits boundary as established by Ordinance No. 2536 to a point which is 150 feet north and 1627.32 feet west of the southeast corner of Survey 14, Block A; THENCE north approximately 1087.03 feet to a point which is 1237.03 north and 1627.32 feet west of the southeast corner of Survey 14, Block A, said point being the most westerly corner of a tract of land conveyed by deed recorded in Volume 1315, Page 367 in the Deed Records of Lubbock, County; THENCE North 33*02' east a distance of 500 feet to a point in the southwest right-of-way line of U.S. Highway 84; THENCE north approximately 484.59 feet to a point which is 2140.8 feet north and 1354.76 feet west of the southeast corner of Survey 14, Block A; THENCE south along the present City Limits boundary a distance of 1990.8 feet more or less, to the POINT OF BEGINNING. Containing 304.48 acres, more or less. The original motion, to pass Ordinance No. 7310 on second reading (annexing the territory as described in above field notes) carried by the following vote: Mayor Bass, Councilwoman Jordan and Councilman Henry voting Yea, Councilman West and Councilman McAlister voting Nay. ORDINANCE NO. 7310 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HERE- IN AND IS ADJACENT TO AND ABUTS 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. NO FURTHER BUSINESS COMING UP FOR CONSID ON, HE CITY COUNCIL ADJOURNED FROM Regular Meeting, September 9, 1976. lkl�swt ATTEST: ROY B S, MAYOR Treva Phillips, City Se etary-Treasurer READ AND APPROVED THIS THE 23rd day of Septembe Z, ATTEST: ROY BASS, MAYOR ' Treva Phillip City Se etary-Treasurer