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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/10/197736 FEB 1 0 1977 REGULAR CITY COUNCIL MEETING FEBRUARY 10, 1977 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. 77-36-36-97 The invocation was given by Sam Wahl, Director of Public Works. (1) 77-36-36-98 The Pledge of Allegiance to the Flag was given by those present in the Council Chamber. (2) 77-36-36-99 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, (3) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting Held January 27, 1977. 77-36-36-100 Charles Lee, Chairman of the Citizens Traffic Commission, appeared before the City Council (10) and presented recommendations from the Commission regarding 2-way traffic on Avenue N. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the recommendations of the Citizens Traffic Commission be implemented making 2-way traffic on Avenue N. 77-36-36-101 Leroy Elmore appeared before the City Council requesting that the Council set a date for (11) a Public Hearing on the proposed annexation of property bounded by 98th and 114th Streets, University Avenue and Indiana Avenue. Jim Bertram, Director of Planning, appeared before the Council and pointed out on a map, the "gap" of land between the existing city limit line and the land proposed to be annexed. After consideration of all information present- ed, 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 authorize a public hearing be held on February 24, 1977, at 2:00 P.M. on the proposed annexation of the land as suggested by Jim Bertram. 77-36-36-102 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (12) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7390 on second and final reading. ORDINANCE NO.7390 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. 2107; CHANGE LOTS 11 AND 12, BLOCK 1, SQUYRES PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-36-103 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (13) Mayor Bass, , Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7391 on second and final reading. ORDINANCE NO. 7391 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 736-A; CHANGE THE NORTH 300 FEET OF BLOCK 1, ELKS LODGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 SPECIFIC USE PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-36-104 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (14) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7392 on second and final reading. ORDINANCE NO. 7392 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7305 OF THE CITY OF LUBBOCK, BY MAKING THE FOLLOW- ING CHANGE: ZONE CASE NO. 1865-B: AMEND THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-36-105 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (15) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7393 on second and final reading. ORDINANCE NO. 7393 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. 1720-D; CHANGE LOT 1, VILLAGE WEST ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-1 TO C-3 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-36-106 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. 7394 on second and final reading. FEB 10 F, ORDINANCE NO. 7394 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. 1121-A: CHANGE THE WEST 80 FEET OF LOT 1, BLOCK 35, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO C-4 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-37-107 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (17) Mayor Bass, Councilmen West, Henry and McAlister voting Yea, Councilwoman Jordan voting Nay to pass Ordinance No. 7395 on second and final reading. ORDINANCE NO. 7395 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. 2112; CHANGE LOTS 1, 5, 6, AND 7, BLOCK 2, RAYMOND PAINTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-37-108 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (18) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7396 on second and final reading. ORDINANCE NO. 7396 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 2113; CHANGE BLOCK 1, ADAMS ESTATE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M-1 SPECIFIC USE PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-37-109 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (19) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7397 on second and final reading. ORDINANCE NO. 7397 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. 1274-B; CHANGE LOTS 41 THROUGH 46 AND TRACT "A", KEYSTONE PARK 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. 77-36-37-110 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (20) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7398 on second and final reading. ORDINANCE NO. 7398 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. 1429-E; CHANGE TRACT G, SOUTH UNIVERSITY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO A-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-37-111 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (22) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7400 on second and final reading. ORDINANCE NO. 7400 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY ADDING A SECTION 22.3-20-3 MAKING OFFICES, EXCEPT FOR HOSPITAL, CLINIC OR MEDICAL OFFICES AND ADMINISTRATIVE OFFIC FOR THE MEDICAL PROFESSION, INCLUDING INDEPENDENT MANAGEMENT, LEGAL, ACCOUNTING AND BOOKKEEPING SERVICES FOR DOCTORS, HOSPITALS, CLINICS, AND MEDICAL PERSONNEL, A SPECIFIC USE UNDER THE AM ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-37-112 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (23) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7389 on second and final reading. ORDINANCE NO. 7389 AN ORDINANCE ABANDONING AND CLOSING A 2.00 FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN BEVE LY HEIGHTS ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATIONS. 77-36-37-113 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (24) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RR.QOTJTTTOM 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 Lubbock a Quit Claim Deed in favor of Marion B. Brooks, 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. V 3 10 1977 Passed by the City Council this 10th day of February, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK I /s/ Roy Bass ROY BASS, MAYOR QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by MARION B. BROOKS, hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these pre- sents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit.: A 2.00 foot underground utility easement in Beverly Heights Addition, being more particularly described as follows: The East 2.00 feet of Lot 9, Beverly Heights Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the right, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, his heirs and assigns forever, so that neither the GRANTOR, City of Lubbock, its succes- sors, or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, this 10th day of February, 1977. 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 77-36-38-114 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, (25) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RRgnTJTTTOM 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 Amendment to Contract covering Acqui- sition Appraisal Services for the Canyon Lakes Project with HARRIS & CONTRELL COMPANY, 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 10th day of February, 1977. 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 AMENDMENT TO CONTRACT FOR ACgUISITION APPRAISAL SERVICES This is an amendment to a contract entered into as of the 18th day of November :3 FEB 10 197, 1976, by and between THE CITY OF LUBBOCK, STATE OF TEXAS (hereinafter referred to as the "CITY", and HARRIS AND CANTRELL CO., (hereinafter referred to as the "APPRAISER"). W I T N E S S E T H: WHEREAS, the contract entered into by and between the CITY and the APPRAISER, dated the 18th day of November 1976, in Article 6.4 thereof, provided for a maximum compensation for the appraisal services to be performed thereunder of the sum of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00); and WHEREAS, the CITY and the APPRAISER are desirous of amending the said contract to provide for additional appraisals of real property or interests therein by supplement- ing Exhibits "A" and "B" attached to the said contract and to increase the maximum compen- sation payable thereunder from THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00) to FOUR THOUSAND THREE HUNDRED DOLLARS ($4,300.00). NOW, THEREFORE, the CITY and the APPRAISER, for the consideration and upon the conditions hereinafter set forth, agree as follows: (1) Additional real properties or interests therein to be appraised shall be added to Exhibit "A", as a supplement thereto, said supplement being attached hereto and marked as "Supplement to Exhibit 'A'." (2) Exhibit "B" shall be revised to include such parcels of real property as are included within the category listed as "Partial Taking to be Negotiated at a Rate Not to Exceed Amount Stipulate" with the supplement to Exhibit "B" for such revision being attached hereto as "Supplement to Exhibit W ." (3) Article 6.4 of the said contract shall be amended to read as follows: "6.4 Payment for appraisal services and reports pursuant to the fulfillment of this contract shall not exceed the sum of $4,300.00, which shall constitute full payment to the Appraiser for all of said services and for all supplies, materials, and equipment used or furnished by the Appraiser and all expenses incurred by the Appraiser in or in connection with the performance of said services." (4) All other terms and provisions contained within the said contract shall remain unchanged. EXECUTED this 10th day of February, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer TRACT Area 6, Parce12 Harris and Cantrell Co. 2201 University Avenue Lubbock, Texas 79410 By: APPRAISER THE CITY OF LUBBOCK, LUBBOCK TEXAS By: /s/ Roy Bass ROY BASS, MAYOR SUPPLEMENT TO EXHIBIT 'At" ITSUPPLEMENT TO EXHIBIT ' B' " BRIEF DESCRIPTION Partial Taking Partial Taking to negotiated at a rate not to exceed amount stipulated as follows: TRACT Area 6, Parcel 2 �•Ww 77-36-39-115 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, (25a) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. VP COT TTTTnM 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 Amendment to Contract covering Acqui- sition Appraisal Services for the Canyon Lakes Project with JIMMY J. GODDARD, 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 loth day of February, 1977. ATTEST: /s/ RoX Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer 10 3 10 1977 AMENDMENT TO CONTRACT FOR ACQUISITION APPRAISAL SERVICES This is an amendment to a contract entered into as of the 18th day of November 1976, by and between THE CITY OF LUBBOCK, STATE OF TEXAS (hereinafter referred to as the "CITY, and JIMMY J. GODDARD (hereinafter referred to as the "APPRAISER"). W I T N E S S E T H• WHEREAS, the contract entered into by and between the CITY and the APPRAISER, dated the 18th day of November 1976, in Article 6.4 thereof, provided for a maximum compensa- tion for the appraisal services to be performed thereunder of the sum of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00);and WHEREAS, the CITY and the APPRAISER are desirious of amending the said contract to provide for additional appraisals of real property or interest therein by supplementing Exhibits "A" and "B" attached to the said contract and to increase the maximum compensa- tion payable thereunder from THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00) to FOUR THOUSAND THREE HUNDRED DOLLARS ($4,300.00). NOW, THEREFORE, the CITY and the APPRAISER, for the consideration and upon the con- ditions hereinafter set forth, agree as follows: (1) Additional real properties or interests therein to be appraise shall be added to Exhibit "A", as a supplement thereto, said supplement being attached hereto and marked as "Supplement to Exhibit 'A'." (2) Exhibit "B" shall be revised to include such parcels of real property as are included within the category listed as "Partial Taking to be Negotiated at a Rate Not to Exceed Amount Stipulated," with the supplement to Exhibit "B" for such revision being attached hereto as "Supplement to exhibit W ." (3) Article 6.4 of the said contract shall be amended to read as follows: "6.4 Payment for appraisal services and reports pursuant to the fulfillment of this contract shall not exceed the sum of $4,300.00, which shall constitute full payment to the Appraiser for all of said services and for all supplies, materials, and equipment used or furnished by the Appraiser and all expenses incurred by the Appraiser in or in connection with the performance of said services." (4) All other terms and provisions contained within the said contract shall remain unchanged. EXECUTED this 10th day of February, 1977. 0 Jimmy J. Goddard 2221 34th Street Lubbock, Texas 79412 By: APPRAISER THE CITY OF LUBBOCK, LUBBOCK TEXAS By:/s/_Roy Bass ^ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, CITY SECRETARY -TREASURER "SUPPLEMENT TO EXHIBIT 'A"' i TRACT BRIEF DESCRIPTION Area 6, Parcel 2 Partial Taking "SUPPLEMENT TO EXHIBIT 'B"' Partial Taking to negotiated at a rate not to exceed amount stipulated as follows: I TRACT AMOUNT �I Area 6, Parcel 2 $800.00 17-36-40-116 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, (25b) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. I IDPCnT TTTTnWT 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 FEB 10 Ic it r F execute for and on behalf of the CITY OF LUBBOCK an Amendment to Contract covering Acquisition Appraisal Services for the Canyon Lakes Project with HAROLD L. KELLY, 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 loth day of February, 1977. 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 AMENDMENT TO CONTRACT FOR ACQUISITION APPRAISAL REVIEW SERVICES This is an amendment to a contract entered into as of the 18th day of November 1976, by and between THE CITY OF LUBBOCK, STATE OF TEXAS, (hereinafter referred to as the "CITY", and HAROLD L. KELLY (hereinafter referred to as the "REVIEWER"). W I T N E S S E T H WHEREAS, the contract entered into by and between the CITY and the REVIEWER, dated the 18th day of November 1976, in Article 6 thereof, provided for a maximum compensa- tion for the appraisal review services to be performed thereunder of the sum of ONE THOUSAND DOLLARS ($1,000.00); and WHEREAS, the CITY and the REVIEWER are desirous of amending the said contract to provide for additional appraisal review services by supplementing Exhibits "A" and "B" attached to the said contract, and to increase the maximum compensation payable there- under from ONE THOUSAND DOLLARS ($1,000.00) to ONE THOUSAND ONE HUNDRED FIFTY DOLLARS ($1,150.00). NOW, THEREFORE, the CITY and the REVIEWER, for the consideration and upon the conditions hereinafter set forth, agree as follows: (1) Additional real properties or interests therein to be appraised, the appraisals of which shall be reviewed by the REVIEWER, shall be added to Exhibit "A", as a supplement thereto, said supplement being attached hereto and marked as "Supplement to Exhibit 'A'." (2) Exhibit "B" shall be revised to include such parcels of real property as are included within the category listed as "Partial Taking to be Negotiated at a Rate Not to Exceed Amount Stipulated," with the supplement to Exhibit "B" for such revision being attached hereto as "Supplement to Exhibit W ." (3) Article 6 of the said contract shall be amended to substitute the sum of ONE THOUSAND ONE HUNDRED FIFTY DOLLARS ($1,150.00) in place of the sum of ONE THOUSAND DOLLARS ($1,000.00) as the maximum compensation payable thereunder. (4) All other terms and provisions contained within the said contract shall remain unchanged. EXECUTED this 10th day of February, 1977. Karold L, Kelly, REVIEWER THE CITY OF LUBBOCK, LUBBOCK TEXAS /s/ Roy Bass ROY BASS, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer "SUPPLEMENT TO EXHIBIT 'A"' TRACT BRIEF DESCRIPTION Area 6, Parcel 2 Partial Taking "SUPPLEMENT TO EXHIBIT 'B '11 Partial Taking to be negotiated at a rate not to exceed amount stipulated as follows: TRACT AMOUNT Area 6, Parcel 2 $265.00 2 3 0 1977 77-36-42-117 (26) The City Council considered the recommendations of the Planning and Zoning Commission in regard to an ordinance amending Chapter 14 and 29 of the Code of Ordinances regarding pro rata charges for sanitation containers. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Councilmen West, Jordan, Henry and McAlister voting Yea, Mayor Bass voting Nay to accept the recommendations of the Planning and Zoning Commission that there not be a charge to the developer at this time. i 77-36-42-118 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, (26a) Councilmen West, Jordan, Henry and McAlister voting Yea, Mayor Bass voting Nay that on a case by case basis with the agreement of the City and developer, that the charge for con- tainers would be an approved expense for the developer or builder; if there is no such agreement, containers will be placed as they have been. 77-36-42-119 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, (27) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7401 on first reading. ORDINANCE NO. 7401 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Canyon Lakes Capital Project Fund The sum $ 23,750 BOR Matching Funds 23,750 Canyon Lakes Bond Funds 47,500 Total For the following purpose: Construction costs on Lubbock Power and Light's portion (wells 1-13) of the electric service system for the Canyon Lakes Project. 77-36-42-120 The City Council considered a proposed ordinance amending Section 16.3 of Zoning Ordinance (28) No. 7084 to allow grocery stores in "C-2" Districts. After consideration of all informa- tion presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, Councilman West abstaining, to accept the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7402 on first reading allowing 30,000 square feet or less. ORDINANCE NO. 7402 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY ADDING A SECTION 16.3-11 MAKING GROCERY STORES WITH OVER 30,000 SQUARE FEET OF TOTAL FLOOR AREA A PERMITTED USE IN C-2 ZONING DISTRICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-42-121 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, (29) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale on the east 50' of Parcel 40-3 in the Coronado Urban Renewal Area to Lyons Chapel Baptist Church for a consideration of $750 to be redeveloped as a parking lot. 77-36-42-122 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, (30) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale on the west 50' of Parcel 46-2A in the Coronado Urban Renewal Area to Lyons Chapel Baptist Church for a consideration of $750 for landscaping. 77-36-42-123 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (31) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. 1 PROTITTTON A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF PORTIONS OF STREETS, HIGH- WAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT: I. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: FROM TO 0 1 I 24th Street Avenue K Avenue J II. 43 FEB 10 197 MR .m .r. Said portions of streets, highways and avenues shall be improved by raising, grad- ing and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted cliche base, and by surfacing with four (4) course penetration type or 1-3/4" hot mix type asphaltic surface treatment. Alleys shall be improved by installing a ten (10)foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remain- ing cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final assessment is made, that if the special benefits to such property by way of enchancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the bene- fits. ALLEY MUROVEMENTS (c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property which has single family or two (2) family residential usage on both sides of the alley to be improved shall be assessed for fifty (50) percent of the cost of such improvements. Vacant property zoned for two (2) family residential purposes shall be assessed for fifty (50) percent of the cost of such improvements. Property which has commercial or semi - commercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninety (90%) of the cost of such improvements. Where there is commercial or semi -commercial usage or zoning on one side of an alley, the single family residential usage and zoning on the other side, property used as a single family residence will not be assessed. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, than there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (d) The remaining cost of said improvements after deducting the sums fainally assessed against railways and street railways under sub -paragraph (a) hereby, and against abutting property and the owners thereof under sub -paragraph (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from data due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installa- tions. The first of which shall become due on or before 20 days after completion and acceptance of the improvements in the unit on which the property abutts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abutts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street improvements and seven percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment prompt- ly as the same matures: Then at the option of the holder of such assessment or certifi- cate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and per- sonal liability for principal, interest, reasonable attorney's fees and costs of collec- tion, if incurred, all under and in accordance with the Charter and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105E Re- vised Civic Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. 10 1977 VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 10TH DAY OF FEBRUARY, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson, Wilford D. Watson, City Engineer /s/ Roy Bass ROY BASS, MAYOR APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr. 77-36-44-124 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (32) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize publication of Notice to Bidders for paving improvements in Guillot Gardens Addition for the developer. 77-36-44-125 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, (33) 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 accept for and on behalf of the CITY OF LUBBOCK the provisions contained in Minute Order No. 72153 of the Texas Highway and Public Transportation Commission regarding reconstruction of State Highway 116 from Raleigh Avenue, East to the Atchison, Topeka and Santa Fe Railroad, a distance of approximately 0.4 mile, attached herewith which shall be spread upon the minuts of the Council and as spread upon the minutes this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of February, 1977. 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 STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE O RDER Lubbock County Distric No. 5 WHEREAS, in LUBBOCK COUNTY, the City of Lubbock has requested assistance in reconstruction on State Highway 116 from Raleigh Avenue, East to the Atchison, Topeka and Santa Fe Railroad, a distance of approximately 0.4 mile; and WHEREAS, State Highway 116 is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Lubbock in such work; NOW, THEREFORE, the Engineer -Director 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 storm sewers, driveways and sidewalks, all as may be required and all in accordance with governing policies and regulations of the Department. 2. Maintain that portion of the work which is its responsibility in accordance with r present maintenance agreement and agree to regulate traffic, prohibit parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highways and Public Transportation will: 1. Prepare construction plans and specifications. 2. Provide for reconstruction of Grading, Structures and Surfacing at an estimated Em F E B 10 1977 .". MM cost of $246,000 as authorized in the 1977-1978 Urban System Program. 3. Maintain that protion of the work which is its responsibility in accordance with present maintenance agreement. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Lubbock, the Engineer -Director is directed to enter into any necessary agreements with the City covering the details of the proposed improvements, to proceed with the en- gineering development of the project and after the City has fulfilled its responsibili- ties, to proceed with construction in the most feasible and economical manner. It is understood that the City may discharge its constrcution obligations as outlined herein in any manner as it may elect. In the event the City desires the State to in- clude its portion of the work in the States construction contract, the Engineer -Director 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 auto- matically cancelled. 77-36-45-126 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, (33a) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. I:inkYe'lM19AMLA i 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 accept for and on behalf of the CITY OF LUBBOCK the provisions contained in Minute Order No. 72151 of the Texas Highway and Public Transportation Commission regarding reconstruc- tion U.S. Highway 84 from U.S. Highway 87, Northwest a distance of approximately 0.6 mile, 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 loth day of February, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Lubbock County District No. 5 /s/ ROX Bass ROY BASS, MAYOR STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE ORD ER WHEREAS, in LUBBOCK COUNTY, the City of Lubbock has requested assistance in reconstruc- tion on U.S. Highway 84 from U.S. Highway 87, Northwest a distance of approximately 0.6 mile; and WHEREAS, U.S. Highway 84 is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Lubbock in such work; NOW, THEREFORE, the Engineer -Director is directed to tender the following proposal to the City of Lubbock; Provided the City will maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic and prevent encroachment on the right of way all in accordance with governing policies and regula- tions of the Department, the Department will, subject to the availability of Federal - aid Urban System funds and the eligibility of the proposed work for financing with said funds: 1. Prepare construction plans and specifications. 2. Provide for additional surfacing at an estimated cost of $66,000 as authorized in the 1977-1978 Urban System Program. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Lubbock, the Engineer -Director is directed to enter into any necessary agreements with the City covering the details of the proposed improvements, to proceed with the en- gineering development of the project and with construction in the most feasible and eco- nomical manner. � a 10 1977 77-36-46-127 (33b) This Order shall become operative upon acceptance by the City of Lubbock and if not ac- cepted within 90 days of the date hereof, the action herein contained shall be automa- tically cancelled. Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RR.g0T.TT'T`TnN 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 accept for and on behalf of the CITY OF LUBBOCK the provisions contained in Minute Order No. 72152 of the Texas Highway and Public Transportation Commission regarding reconstruction at the intersection of State Highway 116 and U.S. Highway 62, 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 10th day of February, 1977. 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 STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION M IN U T E OR D E R Lubbock County District No. 5 WHEREAS, in LUBBOCK COUNTY, the City of Lubbock has requested assistance in reconstruction at the intersection of State Highway 116 and U.S. Highway 62; and WHEREAS, State Highway 116 and U.S. Highway 62 are included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Lubbock in such work; NOW, THEREFORE, the Engineer --Director is directed to tender the following proposal to the City of Lubbock: Provided the City will: 1. Provide for the adjustment of utilities and the construction of continuous curb and gutter and storm sewers as may be required, all in accordance with governing policies and regulations of the Department. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic, prohibit parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highways and Public Transportation will: 1. Prepare construction plans and specifications. 2. Provide for widening and reconstruction of Grading, Structures and Surfacing at an estimated cost of $90,000 as authorized in the 1977-1978 Urban System Program. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. Upon acceptance of the provisions of this Order by the appropriate officials of the City of Lubbock, the Engineer -Director is directed to enter into any necessary agreements with the City covering the details of the proposed improvements, to proceed with the en- gineering development of the project and after the City has fulfilled its responsibili- ties, to proceed with construction in the most feasible and economical manner. �� FEB 10 1977 MW OEM It is understood that the City may discharge its construction obligations as outlined herein any manner as it may elect. In the event the City desires the State to include its portion of the work in the State's construction contract, the Engineer -Director 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 auto- matically cancelled. 77-36-47-128 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, (33c) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. PR..Sf1T.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 accept for and on behalf of the CITY OF LUBBOCK the provisions contained in Minute Order No. 72154 of the Texas Highway and Public Transportation Commission regarding reconstruc- tion on Farm to Market Road 1730 from Loop 289, South a distance of approximately 1.1 miles, 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 loth day of February, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Lubbock County District No. 5 /s/ Roy Bass ROY BASS, MAYOR STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION M I N U T E O R D E R WHEREAS, in LUBBOCK COUNTY, the City of Lubbock has requested assistance in reconstruction on Farm to Market Road 1730 from Loop 289, South a distance of approximately 1.1 miles; and WHEREAS, Farm to Market Road 1730 is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Lubbock in such work; NOW, THEREFORE, the Engineer -Director is direr ed to tender the following proposal to the City of Lubbock: Provided the City will: 1. Furnish all required right of way clear of obstructions with acquisition proce- dures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways and sidewalks, all as may be required and all in accordance with governing policies and regulations of the Department. 3. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement and agree to regulate traffic, prohibit parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. Subject to the availability of Federal -aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highways ans Public Transportation will: 1. Prepare construction plans and specifications. 2. Provide relocation assistance as may be required and determined to be eligible under the Relocation Assistance Program at an estimated cost of $500. 3. Provide for reconstruction of Grading, Structures and Surfacing at an estimated cost of $641,500 as authorized in the 1977-1978 Urban System Program. 4. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. S :B p 1977 77-36-48-129 (34) 77-36-48-130 (35) Upon acceptance of the provisions of this Order by the appropriate officials of the City of Lubbock, the Engineer -Director is directed to proceed with the Relocation Assistance Program, to enter into any necessary agreements with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction in the most feasible and economical manner. It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to in- clude its portion of the work in the State's construction contract, the Engineer -Director 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 accep- ted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. :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 to pass Ordinance No. 7403 on first reading. ORDINANCE NO. 7403 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement The sum $36,400.00 For the following purpose: To provide for the additional funds required for construction of Quirt Avenue, Regis Street to North Loop 289. Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. T?RCl1T TT•PTANT Resolution accepting water system improvements for Tract A, T.C.I. Addition. WHEREAS, the developer of Tract A, T.C.I. Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $25,134.06 with the improvements constructed by Holloway Contracting Company having a value of $23,492.15 as determined by the unit prices established by said Chapter 34, and $1,641.91 cash paid to the City, with Technical Coatings, Inc., the developer, to received a refund of $22,431.26 in accor- dance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the the said water improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water system of the City of Lubbock. 2. That the refundable cost in the amount of $22,431.26 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 LOTH DAY OF FEBRUARY, 1977. Attested: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary Approved: Approved: /s/ Wilford D. Watson /s/ Fred 0. Senter, Jr. Wilford D. Watson, City Engineer Fred 0. Sentdr, Jr., City Attorney 77-36-48-131 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, (36) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. F FEB. 10 19; r F RPCnT TTmrnXT Resolution accepting water and sewer system improvements for Lots 91 thru 166, Ridgewood Addition. WHEREAS, the developer of Lots 91 thru 166, Ridgewood Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $38,010.95 with the improvements constructed by Panhandle Construction Company having a value of $35,742.27 as determined by the unit prices established by said Chapter 34, and $2,268.68 cash paid to the City, with Jerry Bradshaw, the developer, to receive a refund of $6,652.03 in accordance with Chapter 34 of the Code of the City of Lubbock and a refund of deposit in the amount of $123.34 and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $6,652.03 be made in accordance with said Chapter 34. 3. That a refund of deposit be made in the amount of $123.34. 4. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS loth day of February, 1977. Attested: /s/ Treva Phillips Treva Phillips, City Secretary Approved: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/Roy Bass Roy Bass, Mayor Approved: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 77-36-49-132 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (37) 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 an Alley and Street Use License in favor of Texas Commerce Bank National Association, 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 loth day of February, 1977. 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 THE STATE OF TEXAS X COUNTY OF LUBBOCK I /s/ Roy Bass ROY BASS, MAYOR ALLEY AND STREET USE LICENSE This indenture made this loth day of February, 1977, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Texas Commerce Bank National Association, a banking institution, acting by and through its duly authorized undersigned agent and attorney for said Bank, Bobby J. Moody, with its principal place of business located in the City of Lubbock, Texas, hereinafter called "LICENSEE". WTTNRRSFTH- Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use portions of de- dicated streets and alleys to construct and maintain two aerial communication cables to 194 i 0 1977 be placed upon power line poles of Southwestern Public Service Company meeting clearance requirements of said company for rental space on said poles and requirements of any governmental regulations applicable thereto of whatsoever kind or nature, said cables to be RG B/U MIL-C-17D, weight .037 pounds per foot, outside dimension .242 of an inch, covering of noncontaminating polyethylene, each containing one bare copper cable, tenuation of PF/Foot 20.5 current of I volt pulsating D.C. in and over the following described portion of dedicated public streets and alleys, to -wit: Extending from Texas Commerce Bank on the West side of building and attaching to Southwestern Public Service pole approximately in the center of the alley between 14th and 13th Streets on the East side of the alley; THENCE due North across 13th Street and Broadway to approximately the center of the alley between Broadway and Main Street; THENCE West on the South side of the alley to the connection point with Metro Tower Office Building, approximately 3 blocks in length. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE at 1120 14th Street, Lubbock, Texas or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such im- provements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED AND N0/100 ($200.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use inter- feres with or causes the re-routing or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed by or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or re-routing over and above the expense which would have been incurred except for LICENSEE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of this construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permiteed herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted, herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by con- tractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give. LICENSEE a reasonable opportunity to settle or adjust the same, 7. LICENSEE agrees and is required to furnish a policy of public liability and por- perty damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon the inure to the benefit of the successors, legal representative, assigns, and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are beingupon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph 5. FEB 10 - r r I 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said pro- perty covered herein upon termination or cancellation of this license. CITY OF LUBBOCK ATTEST: /s/ RoX Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this loth day of February, 1977. LICENSEE: TEXAS COMMERCE BANK NATIONAL ASSOCIATION APPROVED AS TO FORM: /s/ Bobby J. Moddy /s/ Fred 0. Senter, Jr. Bobby J. Moddy, Agent and Attorney for said Fred 0. Senter, Jr., City Attorney Bank APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer 77-36-51-133 The City Council considered a resolution authorizing the Mayor to execute a Bus Bench (38) Contract. After consideration of all information presented, motion was made by Councilman Henry to accept the recommendations of the City Manager that bus bench advertising be limited to advertising of buses (identifying signs only, or bus schedules) and that the Transit Advisory Board be asked to work with the Staff in selecting an appropriate number of bus benches that are needed and that if the Transit Advisory Board feels it would be best to have a commercial company to maintain and provide bus benches, that they seek bids from commercial companies so it will allow all commercial companies the opportunity to provide this service. This motion died for lack of a second. After further consideration, 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 ask the Staff to gather information regarding the recommended number of benches on the routes, how much it will cost to buy them and maintain them, irrespective of our contract for advertising; in contrast, what we can get by maintaining some kind of commercial advertising on benches we need and consistent without sign ordinances. After discussion of bus routes and schedules, it was the consensus of the Council to ask the Staff to get in touch with the Transit Advisory Board and with Mr. Prenevost in regard to clarifica- tion of routing and mapping schedule. 77-36-51-134 The City Council considered the claim of Melvin Sanders in an unstated amount for alleged (39) damage to a trailer resulting from it being towed to impoundment area. After considera- tion of all information presented, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 77-36-51-135 The following bids were received for the purchase of manhole and meter box rings and lids (40) for Warehouse Stock, being Bid No. 4310. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Mc- Alister voting Yea, none voting Nay to accept the bid of Bass & Hays Foundry, Grand Prairie, for the purchase of Items 1, 2 and 3; accept the bid of Industrial International, Inc., for the purchase of Item 4. 77-36-51-136 The following bids were received for the purchase of traffic signal equipment for Ware- (41) house Stock, being Bid No. 4293. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Automatic Signal Division, Arlington, for the purchase of traffic signal equipment. 77-36-51-137 The following bids were received for the purchase of miscellaneous electric items for (42) Warehouse Stock, being Bid No. 4304. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Graybar Electric Co., Amarillo, for the purchase of Item 1; accept the bid of C. B. Anderson Co., Amarillo for the pur- chase of Items 1 and 4; accept the bid of Fields & Co. for the purchase of Item 3. 02 3 10 197 7 77-36-52-138 The following bids were received for the purchase of 6" and 12" sewer pipe for Warehouse (43) Stock, being Bid No. 4313. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Mc- Alister voting Yea, none voting Nay to accept the bid of Fields and Co. for the purchase of sewer pipe. 77-36-52-139 The following bids were received for the purchase of fire hydrants and valves for Ware- (44) house Stock, being Bid No. 4318. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Mc- Alister voting Yea, none voting Nay to accept the bid of American Darling Valve & Manu- facturing Co., Dallas, for the purchase of Item 1; accept the bid of The Rohan Co., Waco, for the purchase of Item 2; accept the bid of M.B. McKee for the purchase of Item 3. 77-36-52-140 The following bids were received for the purchase of miscellaneous electric items for (45) Warehouse Stock, being Bid No. 4294. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Mc- Alister voting Yea, none voting Nay to accept the bid of C.B. Anderson Co., Amarillo, for the purchase of Items 1 and 2; accept the bid of Nelson Electric Supply Co. for the purchase of Items 3, 8, 9 and 10; accept the bid of General Electric Supply Co. for the purchase of Items 5, 6, 7, 11, 13 and 14. 77-36-52-141 The following bids were received for the purchase of miscellaneous electric .items for (46) Warehouse Stock, being Bid No. 4295. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Mc- Alister voting Yea, none voting Nay to accept the bid of Temple, Inc., for the purchase of Items 1, 5 and 9; accept the bid of Westinghouse Electric Supply Co. for the purchase of Items 2, 4 and 10; accept the bid of General Electric Supply Co. for the purchase of Item 3; accept the bid of Nelson Electric Supply Co. for the purchase of Items 6 and 8; accept the bid of Graybar Electric Co., Amarillo, for the purchase of Item 11; accept the bid of Vernon Sales Co., Grand Pairrie, for the purchase of Item 7. 77-36-42-142 The following bids were received for the purchase of miscellaneous electric items for (47) Warehouse Stock, being Bid No. 4296. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Mc- Alister voting Yea, none voting Nay to accept the bid of Fields & Company for the purchase of miscellaneous electric items. 77-36-52-143 The following bids were received for the purchase of bunker clothing for the Fire De- (48) partment, being Bid No. 4309. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Mc- Alister voting Yea, none voting Nay to accept the bid of Daco Fire Equipment for the purchase of Items 1 and 2; accept the bid of Action Fire Equipment, Inc., Broken Arrow, Oklahoma, for the purchase of Items 3 and 4. 77--36-52-144 The following bids were received for the purchase of aluminum pipe and accessories for (49) the Parks Department, being Bid No. 4297. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Mc- Alister voting Yea, none voting Nay to accept the bid of Redi-Rain of Texas for the purchase of aluminum pipe and accessories. 77-36-52-145 The following bids were received for the purchase of fingerprint kits for the Police (50) Department, being Bid No. 4291. Bid Tabulation set in Bid Book. FEB 10 L 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 California Electronic Police Equipment Co., Santa Ana, California, for the purchase of fingerprint kits. 77-36-53-146 The following bids were received for the purchase of logging equipment system for the (51) Police Department, being Bid No. 4250. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Mc- Alister voting Yea, none voting Nay to accept the bid of Stancil-Hoffman Corp., Hollywood, California, for the purchase of logging equipment system. 77-36-53-147 The following bids were received for the purchase of miscellaneous water items for (52) Warehouse Stock, being Bid No. 4311. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Mc- Alister voting Yea, none voting Nay to accept the bid of Western Industrial Supply for the purchase of Item 1; accept the bid of Clowe & Cowan, Inc., for the purchase of Items 2, 3, 4 and 15; accept the bid of Industrial International, Inc., for the purchase of Items 7, 10, 11 and 12; accept the bid of M. B. McKee for the purchase of Item 13; accept the bid of The Rohan Company, Waco, for the purchase of Items 14 and 16. Tie bids were received on Item 15, lots were drawn and the bid was awarded to Clowe & Cowan. 77-36-53-148 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, (53) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint George Morris and Mrs. Ruth Schiermeyer to the 1977 Tax Board of Equalization. 77-36-53-149 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, (54) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint Harold M. Chatman, Sammy 0. Ribble and David R. Hester to the Zoning Board of Adjustment. These terms are for 2 years and will expire February 26, 1979. 77-36-53-150 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, (55) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint Dr. H.L. Green and appoint Wally Gonzalez to the City Health Board. These terms are for three years and will expire February 21, 1980. 77-36-53-151 The City Council considered two proposals from the County Commissioners regarding fire (56) calls and health services. A lengthy discussion was had as to directives to be given to the Liason Committee. Al Couch, Director of Public Services, and Tom Foster, Fire Chief, were directed to bring back information as to the cost and equipment. No action was taken. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular meeting February 10, 1977. � ss ATTEST: ROY BASS, MAYOR ,;,Ile - " L!�� Lv L� Treva Phillips, City ecretary-Treasurer READ AND APPROVED THIS THE 24th day of February, 1977. ATTEST: ROY BASt, MAYOR Treva Phillips, City ecretary-Treasurer