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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/24/197754 FEB 2 4 1977 REGULAR CITY COUNCIL MEETING FEBRUARY 24, 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`3 6-54-152 The invocation was given by Tom Foster, Fire Chief. (1) 77-36-54-153 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 77-36-•54-154 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (3) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held February 10, 1977. At this point Mayor Bass announced an executive session to be held immediately following the City Council meeting in accordance with 2F- Article 6252 -17 V.A.T.S. r 77-36-54-155 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council (7a) and presented a proposal to construct a pictorial display in the Aztlan Area of Yellowhouse Canyon Lakes. After consideration of all information presented, motion was made by Council- man McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to endorse the concept of the concrete structure and mural, subject to review and final approval of its design and pictorial content. 77-36-54-156 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council (7b) and recommended passage of an appropriation ordinance in the amount of $19,000 from Park Bond Funds for paving adjacent to Buster Long Park and for drainage channels. 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 pass Ordinance No. 7404 on first reading. ORDINANCE NO. 7404 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: Park Bond Funds The sum $19,000.00 For the following purpose: Paving streets adjacent to Buster Long Park on 54th Street between Albany and Bangor Avenues and on Bangor Avenue between 54th and 57th Streets and drainage channels as needed. 77-36-54-157 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (9) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7401 on second and final 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. 77-36-54-158 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (10) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7403 on second and final 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; 55 FEB 2 4 1977 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. 77-36-55-159 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (11) Bass, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7402 on second and final reading changing the maximum square footage to 35,000 square feet instead of 30,000 square feet. Councilman West abstained from voting on this item. 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 3,000 BUT NOT OVER 35,000 SQUARE FEET OF TOTAL FLOOR AREA A PERMITTED USE IN C-2 ZONING DISTRICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-55-160 NOTICE (12) OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all others persons as provided by law, that the City Council will hold a public hearing on the 24th day of February, 1977, at 10:30 A.M., in the City Council Chambers on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard; after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation: NORTH OF LOOP 289 AND EAST OF QUAKER AVENUE 1. Zone Case No. 1910-B Request of Charles R. Freeburg (for W.E. Rankin) to change Tracts "G" and "H", Quaker Heights Addition, City of Lubbock, Lubbock County, Texas, to amend site plan. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That the dumpsters be screened as provided for in'the original site plan. 2. That this be limited to professional and medical offices. 67TH STREET & TOLEDO AVENUE 2. Zone Case No. 1750-A Request of Lester Shaver to change Lots 9 and 10, Block 2, Southwest Haven Addition, City of Lubbock, Lubbock County, Texas, from AM to C-2A Zoning District. The Planning and Zoning Commission recommended to the City Council the following: 1. That an AM Specific Use Permit for offices be granted as permitted in Section 22.3-20-3. AVENUE Y & 19TH STREET 13TH STREET & AVENUE T 15TH STREET & AVENUE X 3. ZONE CASE NO. 2016-A Request of City of Lubbock to change Lots 6 thru 15, Block 2, Hankins Addition from R-3 to A-1; Lots 14 thru 22, Block 25, Overton Addition from R-2 to A-1; and Lots 3 thru 12, Block 81, Overton Addition from A-1 to R-1 Zoning District, City of Lubbock, Lubbock County, Texas. The Planning and Zoning Commission recommended to the City Council that this reguest be granted. 50TH STREET & LOOP 289 4. Zone Case No. 2110 Appeal of Burl W. Masters (for Paul Newman) to change Lots 1 thru 12 and Tracts B thru K, New- man Addition, City of Lubbock, Lubbock County, Texas, Lots 1 thru 12 From R-1 to R-2, Tracts B, C, D, E, F, and J from R-1 to A-1, Tracts G, H and K from R-1 to A-2 and Tract I from R-1 to C-4 Zoning District. The Planning and Zoning Commission recommended to the City Council that this request be denied. (City Seal) /s/ Treva Phillips In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 1910-B - Request of Charles R. Freeburg (for W. E. Rankin) to change property located M FEB 24 1977 north of Loop 289 and east of Quaker Avenue by amending the site plan. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. That the dumpsters be screened as provided for in the original site plan. 2. That this be limited to professional and medical offices. Mayor Bass called for proponents and opponents to appear before the City Council. Charles R. Freeburg appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7405 on first reading. ORDINANCE NO. 7405 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6708 OF THE CITY OF LUBBOCK, TO -WIT: ZONE CASE NO. 1910-B: CHANGE TRACTS "E", "G" and "H" OF THE QUAKER HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS BY AMENDING THE CONDITIONS THEREON AND BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-56-161 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (13) No. 1750-A - Request of Lester Shaver to change property located west of Toledo and north of 67th Street from "AM" to "C-2A" Zoning District. The Planning and Zoning Commission recom- mended that an "AM" Specific Use Permit for offices be granted as permitted in Section 22.3-20-3. Mayor Bass called for proponents and opponents to appear before the City Council. Lester Shaver appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommenda- tions of the Planning and Zoning Commission and pass Ordinance No. 7406 on first reading. ORDINANCE NO. 7406 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1750--A; CHANGE LOTS 9 AND 10, BLOCK 2, SOUTHWEST HAVEN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM TO AM SPECIFIC USE PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-56-162 It was the unanimous agreement of the City Council to hold Zone Case No. 2016-A until the (14) March 24, 1977 City Council Meeting, with said zone case to be readvertised. 77-36-56-163 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (15) No. 2110 - Appeal of Burl W. Masters (for Paul Newman) to change property located south of 50th Street and east of Loop 289 from "R-1" to "R-211, "A-111, "A-2" and "C-4" Zoning Districts. The Planning and Zoning Commission recommended that this request be denied. Mayor Bass called for proponents and opponents to appear before the City Council. Burl W. Masters appeared in support of this zone change request and asked that on the last portion, "C-2" be granted in- stead of "C-4". No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. 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 uphold the recommendations of the Planning and Zoning Commission and deny this zone change request. 77-36-56-164 A. C. Bowden, Chairman of the City Health Board, appeared before the City Council with re- (8) commendations of the Board concerning health services. He stated there were several areas of concern: (1) It is the opinion of the Board that any health service outside city limits should be offered on a contract basis rather than as a shared service; (2) The Board requests a report of status of the declaratory judgment, in regard to definition of medical and health care for the needy and indigent; (3) The Board recommends that every effort should be made to hire a qualified medical health director and recommends that consideration be given to delegating more policy making authority to the Board. Mr. Bowden stated that since the septic tank ordinance has been revised to current state re- quirements, it will be presented to the Council for its consideration as soon as the Legal Department has reviewed and approved it. He said data from other health units is being received by the Board, concerning food handling requirements, and an ordinance will be prepared for the Council's consideration. In summation, Mr. Bowden stated: "These are the items we would like to discuss. You may have some answers or you may gust want to write the Board a letter." The City Council discussed this item and Mr. Senter stated both defendants had filed answers and the suit is on the docket of the 99th District Court. Mayor Bass asked Mr. Senter to see if some special consideration could be given to an early hearing date, due to the urgency of the matter; and asked Mr. Senter to report back to the Council. Councilwoman Jordan stated that the City Council agreed with the Board regarding shared services. Mayor Bass inquired whether the Board had explored consequences of state aid or state parti- cipation. Tom Grimshaw, Health Department Administrator, replied that they had answered all requests that were required by the State regarding State -City contract, and that he would make informal inquiries at the Texas Public Health Association State Convention and report back to the Council. In response to a question from Mayor Bass, City Manager Larry Cunningham answered that they are actively recruiting for a medical director, and had had four applicants that had been re- ferred by the State Health Department, and that the City is diligently seeking to hire a medical director and would continue to do so. 5% FEB 2 4 1977 77-36-57-165 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (17) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7407 on first reading. ORDINANCE NO. 7407 AN ORDINANCE DESIGNATING THAT PORTION OF AVENUE N FROM TENTH STREET TO NINETEENTH STREET, PREVIOUSLY DESIGNATED AS A ONE-WAY STREET, A TWO-WAY STREET; PROVIDING FOR SIGNS TO INDICATE THE SAID PORTION OF THE SAID STREET IS A TWO-WAY STREET; AND PROVIDING FOR PUBLICATION OF THE DESCRIPTIVE CAPTION HEREOF AS AN ALTERNATIVE METHOD OF PUBLICATION AS PROVIDED BY LAW. 77-36-57-166 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow ing resolution be passed. RF.gnT.TTTT0N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an Agreement Providing for the installation and maintenance of traffic signals at F.M. 1264, University Avenue and Loop 289 frontage roads with the STATE OF TEXAS, 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 the 24th 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 STATE OF TEXAS I COUNTY OF TRAVIS I /s/ Roy Bass ROY BASS, MAYOR This AGREEMENT, dated this 24th day of February, 1977, by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of LUBBOCK, LUBBOCK County, Texas, acting by and through its duly authorized officers under a Resolution passed the 24th day of February, 1977, hereinafter called the "City," Party of the Second Part, made to become effective when fully executed by both parties: W I T N E S S E T H: WHEREAS, the City has authorized the installation of highway traffic signal (s) by Resolution,, passed on the 24th day of February, 1977 at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof. A G R E E M E N T: NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agree- ments of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install said highway traffic signal(s), and supervise construction. 2. The City hereby consents to the construction of the highway traffic signal(s) shown EXHIBIT 1 by the approval of the location and manner of construction as shown on the plans and described in the specifications. 3. The City will operate and maintain the highway traffic signal(s) upon completion of the installation(s) by the State. 4. The City will pay all power costs for operating the signal(s). 5. The City will obtain written approval of the State Department of Highways and Public Transportation before making any changes in the design of operation and timing of the signal(s) or before removing any part of the i.nstallation(s). 6. The City will return any and all parts of said highway traffic signal installation(s) to the State should it (they) be removed by the City for any reasons other than for installa- tion on a State or Federal numbered highway route at a location approved by the State. 7. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 8. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreements and/or Contracts between the City and the Stete, this Agreement shall take precedence over the other Agreements and/or Contracts. FEB 9,4 1977 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in tripli- cate on the dates shown hereinbelow. ATTEST: /s/ Treva Phillips Secretary for City APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. General Attorneys for the City Executed on behalf of the City is 24th day of February, 1977 By: /s/ Roy Bass Mayor THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: Executed on behalf of the State this 24th day of February, 1977. RECOMMENDED FOR APPROVAL: District Engineer Engineer of Traffic 77-36-58-167 The City Council considered acceptance of a Transit Report by Henningson, Durham and Richards. (19) John Wilson of the Transit Department gave a summary of the report. 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 that the report be received but not necessarily endorsed. Councilwoman Jordan made the state- ment that the Council is not accepting the recommendations per se. 77-36-58-168 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 5F-4-1 in the Guadalupe Urban Renewal Area to Pauline C. Chavez for a consideration of $1,450 to extend lot size and landscaping. 77--36-58-169 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 9B-4-18 in the NDP 3rd Action Year Area to Twilight Builders for a consideration of $1,250 to be redeveloped as a single family residence. 77-36-58-170 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 9D-1-10 in the NDP 4th Action Year Area to Twilight Builders for a consideration of $1,275 to be redeveloped as a single family residence. 77-36-58-171 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 approve the price and conditions of sale of Parcel 9D-1-10B in the NDP 4th Action Year Area to Twilight Builders for a consideration of $1,275 to be redeveloped as a single family residence. 77-36-58-172 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Potomac Park Addition, Lots 289-464 and Tract "C", made arrangements with W.D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Potomac Park Addition, Lot 289-464 and Tract "C" including the following streets: Geneva Avenue from its intersection with (a line) 15.00 feet south of the south porperty line of 84th Street to its intersection with the North lip line of 88th Drive known and designated as (new Subdivision) Sub -Unit Number 38 of Unit Number 2019. Gary Avenue from its intersection with (a line) 21.19 feet south of south property line of 84th Street (West side) to its intersection with the north lip line of 88th Drive known and designated as (New Subdivision) Sub -Unit Number 39 of Unit Number 2019. Freemont Avenue from its intersection with (a line) 16.16 feet south of south property line of 84th Street to its intersection with the north lip line of 88th Drive known and designated as (New Subdivision) Sub -Unit Number 40 of Unit Number 2019. Flint Avenue from its intersection with (a line) 15.00 feet south of south property line of 84th Street to its intersection with the centerline of 90th Street known and designated as (New Subdivision) Sub -Unit Number 41 of Unit Number 2019. 59 FEB 2 4 1977 Elkridge Avenue from its intersection with (a line) 15.00 feet south of south property line of 84th Street to its intersection with the north lip line of 90th Street known and designa- ted as (New Subidivision) Sub -Unit Number 42 of Unit Number 2019. 86th Street from its intersection with the east lip line of Elkridge Avenue to its inter- section with (a line) 7.00 feet east of east property line of Alley east of Elkridge known and designated as (New Subdivision) Sub -Unit Number 43 of Unit Number 2019. 86th Street from its intersection with the east lip line of Flint Avenue to its intersection with the west lip line of Elkridge known and designated as (New Subdivision) Sub -Unit Number 44 of Unit Number 2019. 88th Street from its intersection with the east lip line of Elkridge Avenue to its inter- section with (a line) 7.00 feet east of east property line of Alley east of Elkridge Avenue known and designated as (New Subdivision) Sub -Unit Number 45 of Unit Number 2019. 90th Street from it intersection with the east lip line of Flint Avenue to its intersection with (a line) 7.00 feet east of east property line of Alley east of Elkridge known and desig- nated as (New Subdivision) Sub -Unit Number 46 of Unit Number 2019. 88th Drive from its intersection with (a line) 7.00 feet north of north property line of All north of 87th Street to its intersection with (a line) 13.28 feet west of west property line of Flint Avenue (North side) known and designated as (New Subidivision) Sub -Unit Number 47 of Unit Number 2019. 86th Street from its intersection with (a line) 7.00 feet east of east property line of Alley east of Hartford Avenue to its intersection with the west lip line of Geneva Avenue known and designated as (New Subdivision) Sub -Unit Number 48 of Unit Number 2019. Various Drainage Structures (Concrete Only) known and designated as (New Subdivision) Sub -Unit Number 49 of Unit Number 2019. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvments on said portions of the abovementioned streets be and the same are here accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost (and to release escrow money). II. This resolution shall take effect and be in force from and after its passage. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson wilford D. Watson, City Engineer /s/ Roy Bass Roy Bass, Mayor APPROVED: /s/ Fred 0. Sent_er, Jr._ Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE POTOMAC PARK ADDITION, LOTS 289-464 & Tract "C" Accepted February 24, 1977 UANTITIES S.Y. S.Y. L.F. Alley C.Y. S.Y. L.F. Unit & Paving 6" Return & Dirt Valley 12" Sub -Unit Location 6" Base C & G Drainage Removal Gutter C & G Channels NS 2019-38 Geneva Avenue from 15' S. of S.P.L. of 84th Street to N.L.L. of 88th Drive. 3,170.38 1,729.26 47.33 NS 2019-39 Gary Avenue from 21.19' S. of S.P.L. of 84th Street (W. side) to N.L.L. of 88th Drive. 3,013.03 1,743.91 40.40 48.14 NS 2019-40 Freemont Avenue from 16.16' S. of S.P.L. of 84th Street to N.L.L. of 88th Drive 3;607.54 2,061.84 47.72 NS 2019-41 Flint Avenue from 15' S. of S.P.L. of 84th Street to centerline of 90th Street. 7,424.92 3,744.30 65.24 60 FEB 24 1977 NS 2019-42 Elkridge Avenue from 15' S. of S. P. L. of 84th Street to N.L.L. of 90th Street 6,649.39 3,515.01 52.54 NS 2019-43 86th Street from E.L.L. of Elkridge Avenue to 15' E. of W.P.L. of Alley. 539.78 301.18 36.29 54.21 NS 2019-44 86th Street from E.L.L. of Flint Avenue of W.L.L. of Elkridge Avenue. 1,026.67 591.92 36.40 108.42 NS 2019-45 88th Street from E.L.L. of Elkridge Avenue to 15' E. of W.P.L. of Alley E. of Elkridge Avenue 538.22 303.88 36.96 54.21 NS 2019-46 90th Street from E.L.L. of Flint Avenue to 7' E. of E.P.L. of Alley E. of Elkridge Avenue (Concrete Only). 369.59 40.40 17.38 NS 2019-47 88th Street from 7' N. of N.P.L. of Alley N. of 87th St. to 13.28' W of W.P. of Flint Avenue (N. Side). 3,686.21 1,488.46 5727. 21.11 NS 2019-48 86th Street from 7' E. of E.P.L. of Alley E. of Hartford Avenue to W.L.L. of Geneva Avenue. 444.44 264.54 52.54 NS 2019-49 Drainage Channels 1,489.00 309.60 725.93 60.00 TOTALS 30,100.58 17,602.89 557.32 725.93 568.84 60.00 COST ESTIMATE 30,100.58 S.Y. paving 6" Base 17,602.89 L.F. 6" Curb & Gutter 557.32 S.Y. Alley Return & Drainage Channels 568.84 S.Y. Valley Gutter 60.00 L.F. 12" Curb & Gutter 725.93 C.Y. Dirt Removal COST DISTRIBUTION Unit & Contract Sub -Unit Cost @ $ 2.50 $ 75,251.45 @ $ 2.50 $ 44,007.23 @ $11.50 $ 6,409.18 @ $11.50 $ 6,541.66 @ $ 3.00 $ 180.00 @ $ 1.25 $ 907.41 CONTRACT COST $133,296.93 Developer Cost NS 2019-38 $ 12,793.41 $ 12,793.41 NS 2019-39 $ 12,910.56 $ 12,910.56 NS 2019-40 $ 14,722.23 $ 14,722.23 NS 2019-41 $ 28,673.31 $ 28,673.31 NS 2019-42 $ 26,015.22 $ 26,015.22 NS 2019-43 $ 3,143.16 $ 3,143.16 NS 2019-44 $ 5,711.91 $ 5,711.91 NS 2019-45 $ 3,153.71 $ 3,153.71 NS 2019-46 $ 1,588.45 $ 1,588.45 NS 2019-47 $ 13,838.00 $ 13,838.00 NS 2019-48 $ 2,376.66 $ 2,376.66 NS 2019-49 $ 8,370.31 $ 8,370.31 TOTAL $133,296.93 $133,296.93 77-36-60-173 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 A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Clovis Road Addition, Lots 6-25, made arrangements with W.D. Turner Construction Company for the construction of paving improvements on certain streets dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat of Clovis Road Addition, Lots 6-25 including the following street: NS 2020-36 North Nashville Avenue from south lip line of U.S. 84 (Clovis Road) to 13.5 feet North of north property line of Princeton Street. 61 FEB 2 4 1977 I AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifica- tions and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost (and to release escrow money). II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF FEBRUARY, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer QUANTITIES Isl Roy Bass Roy Bass, Mayor APPROVED: /s/ Fred 0. Senters Jr. Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE CLOVIS ROAD ADDITION Accepted February 24, 1977 S.Y. L.F. S.Y. Alley C & G Unit & Paving L.F. Return & Removal Sub -Unit Location 6" Base C & G Drainage Channels Pavement Repair NS 2020-36 N. Nashville Avenue from S.L.L. of U.S. 84 (Clovis Road) to 13.5' N. of N.P.L. of Prince- ton Street. 5,724.04 2,065.44 416.80 111.00 COST ESTIMATE 5,724.04 S.Y. Paving 6" Base @ $ 2.90 $16,599.72 2,065.44 L.F. Curb & Gutter @ $ 3.22 $ 6,650.72 416.80 S.X. Alley Return & Drainage Channels @ $12.00 $ 5,001.60 111.00 L.F. C & G Removal & Pavement Repair @ $ 0.01 $ 1.11 CONTRACT COST $28,253.14 COST DISTRIBUTION Unit & Contract Developer City to Sub -Unit Cost Cost Contractor NS 2020-36 $28,253.14 $28,253.14 77-36-61-174 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (26) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. DL'Cf)T TT'f'TOM RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES 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 W.D. Turner Construction Company (G.W.O. 3140) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: Harvard Street from 1.00 foot east of the east property line of North Avenue "U" to 11.00 feet east of the east property line of North Avenue "T", known and designated as Sub. -Unit 5 of Unit Number 2232. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract (G.W.O. 3140). THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets and/or avenues 62 FEB 2 4 1977 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, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the pro- ceedings 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 24TH DAY OF FEBRUARY, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer February 24, 1977 W.D. Turner Construction 3434 Avenue "H" Lubbock, Texas 79404 Gentlemen: /s/ Roy Bass ROY BASS, MAYOR APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CERTIFICATE OF ACCEPTANCE You are hereby notified of the acceptance of the 1975 Street Paving Assessment Program known and designated as G.W.O. 3140. The final acceptance was approved by the City Council of the City of Lubbock on February 24, 1977. Yours very truly, /s/ Wilford D. Watson City Engineer CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared who being by me duly sworn, upon oath says: I, Bruce Bagwell, Vice -President, W.D. TURNER CONSTRUCTION CO., do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated August 28th, 1975, for 1975 Residential Street Paving Program, under GWO 3140, and that the work and contract has been completed according to the plans and specifications per- taining to the project and that all labor, material, supplies and other cost including equip- ment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this 14th day of February, 1977. Attest: /s/ Ruth Hickman /s/ Bruce Bagwell W.D. Turner Construction Company Subscribed and sworn to before me this the 14th day of February, 1977. February 24, 1977 Honorable Mayor and City Council City of Lubbock Lubbock, Texas /s/ Gladys Abbott Notary Public in and for Lubbock County, Texas 63 FEB 24 1977 Gentlemen: I submit herewith the closing documents for the 1975 Street Paving Assessment Program known and designated as G.W.O. 3140. Final inspection has been made of the abovmentioned improvements and said improvements have been constructed in accordance with plans, specifications and contract documents. I therefore recommend acceptance of the improvements. Very truly yours, /s/ Wilford D. Watson City Engineer CONSOLIDATED FINAL ESTIMATE 1975 Assessment Paving GWO 3140 Accepted February 24, 1977 QUANTITIES S.Y. S.Y. L.F. Unit & Paving L.F. Alley Reinforced ; Sub -Unit Location 6"Base _ C & G Return C & G _ 2232-5 Harvard Street from l' E of E.P.L. of N. Avenue "U" to 11' E. of E.P.L. of N. Avenue "T". 2,008.48 657.72 54.87 104.50 COST ESTIMATE 2,008.48 S.Y. Paving 6" Base @ $2.75 $5,523.32 657.72 L.F. Curb & Gutter @ $2.70 $1,775.84 104.50 L.F. Reinforced Curb & Gutter @ $1.00 $ 104.50 54.87 S.Y. alley Return @ $4.00 $ 219.48 CONTRACT COST $7,623.14 COST DISTRIBUTION Unit & Contract Property City to Sub -Unit Cost Owner Cost Contractor 2232-5 $7,623.14 $8,254.06 -$ 630.92 TOTAL CONTRACT COST $7,623.14 Amount Paid on Monthly Estimate $4,564.85 Amount Due Contractor $3,058.29 77-36-63-175 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. 1dT7 COT TTTTANT 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 Release, covering only Subunit No. 2229. 56 of Paving Ordinance No. 7132 of the City of Lubbock, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of February, 1977. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Sen_ter, Jr. _ Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR THE STATE OF TEXAS I PAVING RELEASE COUNTY OF LUBBOCK I WHEREAS, the City of Lubbock passed Paving Ordinance No. 7132 being recorded in Volume 1442, Pages 803-840 (inclusive), of the Deed Records of Lubbock County, Texas, such ordinance contain- ing a Declaration by the City Council for the necessity of street improvements, and apportionment j of costs for such improvements, and in such ordinance there were included paving improvements for a certain hereinafter described Paving Sub -Unit No. 2229.56, and, WHEREAS, Sub -Unit No. 2229.56 was deleted from the 1975 paving assessment program and the record lien with respect thereto should be release to correct the public records; NOW THEREFORE W KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, acting by and through its duly authorized Mayor in consideration of the premises, does hereby and by these presents, RELEASE RELINQUISH AND FOREVER QUITCLAIM to the abutting owner or owners, their heirs, administrators, executors and assigns, all right, title and interest the City of Lubbock may have in and to all these lots, tracts or parcels of land being situated in the City of Lubbock, Lubbock County, Texas, and being further described as follows, to -wit: All owners of record as their interest may appear as respects property abutting Paving Sub -Unit 56 of Unit 2229, same appearing as Paving Sub -Unit 229.56 at pages 811-813 (inclusive) as a part of the record of said Ordinance No. 7132 recorded in Volume 1442, Pages 803- 840 (inclusive) of the Deed Records of Lubbock County, Texas on 9-25-1975. The intention hereof is to release said Sub -Unit No. 2229.56 appearing (as aforesaid) at said pages 811-813 in its entirety, and to retain all liens or apparent liens not specifically released hereby. EXECUTED this 24th day of February, 1977. CITY OF LUBBOCK 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 k 77-36-64-176 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (28) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the developers request for paving improvements on Indiana Avenue from 90th Street to the alley south of 95th Street. 77-36-64-177 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RVAOUTTTON A RESOLUTION PROVIDING FOR IMPROVEMENT OF PORTIONS OF SLIDE ROAD (HWY. F.M. 1730) FROM LOOP 289 (SOUTH) TO 300' SOUTH OF 82ND STREET, WITH THE OUTERMOST CURB AND GUTTER AND REQUIRED STORM SEWERS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARA- TION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS, THAT: I. Public necessity exists that the following portions of Slide Road in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: Slide Road from Loop 289 South to 300' South of 82nd Street. II. Said portions of Slide Road shall be improved by raising, grading and filling same, by in- stalling concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted caliche base, and by surfacing with asphaltic hot -mix surface. The im- provement to be herein provided is for the outermost curb and gutter portion of Slide Road. The City Engineer is hereby directed to prepare plans and specifications for said outermost curb and gutter portion of such improvement. IV. Such curb and gutter in each unit shall be paid for in the following manner: (a) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs and gutters in front of such respective property, provided that it shall appear at the hearing and 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, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to execeed the benefits. (b) The remaining cost of said curb and gutter, after deducting the sums finally assessed above and against abutting property and the owners thereof, under sub -paragraph (a) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in three equal installments: the first of which shall become due on or before 10 days after completion and acceptance of the improvements in the unit on which the property abuts 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, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: then at the option of the ss FEB 2 4 1977 a holding of such assessment or certificate 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 personal liability for principal, interest, reasonable attorney's fees and costs of collection, 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 1105B Revised Civil Statutes of Texas as amended by Chapter 281 Acts of the 52nd Legislature. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF FEBRUARY, 1977. ATTEST: /s/ Roy Bass ROY BASS, MAYOR Isl Treva Phillips Treva Phillips, City Secretary APPROVED: APPROVED. /s/ Fred 0. Senter, Jr. /s/ Wilford D. Watson Fred 0. Seater, Jr., City Attorney Wilford D. Watson, City Engineer 77-36-65-178 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 361 thru 517, Raintree Addition. WHEREAS, the developer of Lots 361 thru 517, Raintree 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 $96,392.08 with the improvements con- structed by Holloway Contracting Company having a value of $83,118.09 as determined by the unit prices established by said Chapter 34, and $13,273.99 cash paid to the City, with Wagonwheel Investments, Inc., the developer, to receive a refund of $9,442.18 in accordance with Chapter 34 of the Code of the City of Lubbock, and, WHEREAS, the construction of the said water and sewer improvement 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 be 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 $9,442.18 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 24th day of February, 1977. Attested: /s/ Roy Bass Roy Bass, Mayor /s/ Treva Phillips Treva Phillips, City Secretary --Treasurer APPROVED: APPROVED: /s/ Wilford D. Watson Isl Fred 0. Senter, Jr. Wilford D. Watson City Engineer Fred 0. Seater, Jr., City Attorney 77-36-65-179 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (31) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Tract B, C.C. Knott Addition. WHEREAS, the developer of Tract B, C.C. Knott 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 $26,301.09 with the improvements con- rayu tf FEB 24 1977 structed by Panhandle Construction Company having a value of $23,960.28 as determined by the unit prices established by said Chapter 34, and $2,340.81 cash paid to the City, with Wilson & Wilson, Inc., the developer, to receive a refund of $6,225.33 in accordance with Chapter 34 of the Code of the City of Lubbock and a refund of deposit in the amount of $23.71 and, WHEREAS, the construction of the said water and sewer improvement 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: I. That the improvements be 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 $6,225.33 be made in accordance with said Chapter 34. 3. That a refund of deposit be made in the amount of $23.71. 4. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24th 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. Senter, Jr., City Attorney 77-36-66-180 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (33) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7408 on first reading. ORDINANCE NO. 7408 11 d AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND ALLEY AS FOLLOWS: A PORTION OF 20TH STREET AND ALLEY IN FRANCES PLACE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY AND STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-66-181 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (35) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7409 on first reading. i AN APPROPRIATION ORDINANCE ORDINANCE NO. 7409 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer- tain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET The sum $30,000.00 LIGHTING BOND FUND For the following purpose: To install residential mercury vapor street lights at various locations in the City of Lubbock, Texas 77-36-66-182 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (36) 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 an Agreement with the URBAN RENEWAL AGENCY of the City of Lubbock covering the relocation of Lubbock Power and Light facilities within the urban Renewal project area, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of February, 1977. ATTEST: /s/ Roy Bass /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: 67 FEB 2 4 1977 I� /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CONTRACT WITH LUBBOCK POWER AND LIGHT DEPARTMENT OF THE CITY OF LUBBOCK FOR RELOCATION OF EXISTING FACILITIES COMMUNITY DEVELOPMENT PROGRAM AREA TWO URBAN RENEWAL PROJECT THIS AGREEMENT entered into as of this 24th day of February, 1977, by and between: The Urban Renewal Agency of the City of Lubbock, Texas, (hereinafter referred to as the "AGENCY") and LUBBOCK POWER AND LIGHT DEPARTMENT OF THE CITY OF LUBBOCK (hereinafter referred to as the "Company") WITNESSETH: WHEREAS, the Local Public Agency has entered into a funding agreement with the City of Lubbock, Texas effective May 30, 1976, for financial aid to the Local Public Agency under Title I of the Housing and Community Development Act of 1974; and WHEREAS, pursuant to such Contract the Agency is conducting street and alley paving operatio in Area 2, in the Lubbock Community Development Program, Urban Renewal Project, as described below, under authority of the Urban Renewal Law of the State of Texas, Article 1269L-3, V.A.C.S.; and WHEREAS, in exercising the powers conferred upon it under the said Urban Renewal Law of the State of Texas it will be necessary for the Company to relocate, raise, re-route, and/or change the grade and/or alter its existing facilities and services as delineated on Exhibit "A" attached hereto and made a part hereof; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services. The Company shall relocate, raise, re-route, and/or change the grade and/or alter the construction of its facilities and services as delineated on the Exhibit "A" attached hereto and made a part hereof, by this reference incorporated herein, in connection with the exercise by the Agency of powers conferred upon it under the Urban Renewal Law of the State of Texas, Article 1269L-3 V.A.C.S., in the following generally described area known as the Lubbock Community Development Program Urban Renewal Project, Area 2. Bounded in general as shown on Exhibit "B". 2. Time of Performance. The Company agrees to coordinate such relocation, removal, re- routing and/or altering the construction of its facilities and services with project execution activities of the Agency. In any case all work required hereunder shall be completed within 45 days from the date of execution of this agreement unless mutually agreed otherwise or Company is prevented from so doing by employees or agents of the Agency. 3. Compensation. Based upon the details of the reimbursable items of work to be performed as shown on Exhibit "A" hereof, it is agreed that payment shall be made in connection with the exercise by the Agency of the powers conferred upon it by the Urban Renewal Law of the State of Texas (1269L-3 V.A.C.S) in the Project Area; and that the total cost of all work performed under this agreement shall not exceed the sum of Four Thousand Four Hundred Seventy -Four Dollars and Thirty Cents ($4,474.30). Payments will be made in accordance with the agreement on an actual cost basis for the work originally proposed by terms of the agreement up to the "estimated cost not to be exceeded". Amendments shall be made to the agreement and to the estimated cost not to exceed for actual additions or deletions in the proposed work. Cost overruns on the original and/or amended agree- ment beyond the estimated cost not to exceed as adjusted for amendments shall be borne by the utility. 4. Method of Payment. The Companys actual and related indirect costs incurred in connec- tion with this contract "up to the estimated cost not to be exceeded", less the salvage value of the facilities removed by the Company, will be paid by the Agency upon receipt of statements prepared in accordance with the Company's standard accounting practices. The Agency may subject any billing submitted to it by the Company to audit and the Company shall permit the Agency to have full access to its books and records at all reasonable times for this purpose. Payment of costs incurred in connection with this contract is subject to the following conditions: a) Payment for relocation shall not be reduced because of extended service life where facilities are replaced with like service. b) Credit will not be given for unexpired service life of facilities removed. c) When plant betterment is involved, payment will not be based on the difference between estimated cost of replacement in kind and actual cost, but will be based on a percentage of total cost to be determined by the ratio of required capacity to installed capacity. Payment of any bill submitted by the Company to the Agency shall not, however, be delayed unreason- ably by the Agency in commencing or completing such audit. FEB 24 1977 5. Agreements. This agreement hereby incorporates Chapter Six, Utility Relocation and Adjustment of the Project Improvement, Site Clearance, and Utility Relocation Handbook, dated February 17, 1976, as adopted by the Board of Commissioners of the Urban Renewal Agency of the City of Lubbock, Texas, to which reference is hereby made, and the same is a part of this agreement as if copied herein verbatum. IN WITNESS THEREOF, the Agency and the Company have executed this contract as of the date first above written. ATTEST: ATTEST: Secretary LUBBOCK POWER AND LIGHT DEPARTMENT OF THE CITY OF LUBBOCK BY /s/ Roy Bass TITLE Mayor URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK BY/s/ Kennett Hobbs TITLE Chairman, Urban Renewal Board of Commissioners I 77-36-68-183 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (37) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND DECLARING AN EMERGENCY BE IT RESOLVED by the Mayor and the Council of the City of Lubbock, Texas, (hereinafter termed TIC ity Ti) : SECTION 1. That the City, acting through its Mayor and Council, hereby accepts the Grant Offer as made by the Chief, Albuquerque Airports District Office, Southwest Region, Federal Aviation Administration, under date of February 24, 1977, for the purposes therein set out; that said City hereby accepts all the terms, conditions, and obligations therein and thereby imposed, and by acceptance of same does hereby ratify the Application for Federal Assistance and acknowledge said instruments as constituting a solemn and binding agreement with the United States Govern- ment, for the purpose of obtaining Federal aid in the development of the Lubbock Regional Air- port, and that a copy of such agreement is attached hereto, incorporated herein by reference, and made part hereof as though set forth at length herein. SECTION 2. That the Mayor of the said City is hereby authorized and directed to evidence the City's agreement by affixing his signature to such agreement, which is hereby executed in sextuplicate, and the City Secretary -Treasurer is hereby authorized to attest said execution. SECTION 3. For the preservation of the public peace, health, and safety, an emergency is hereby declared to exist by reason whereof this Resolution shall be in full force from and after its passage and approval. PASSED, APPROVED, AND ADOPTED by a majority vote of the Council of the said City and approved by me this 24th day of February, 1977. ATTEST: /s/ Roy Bass _ /s/ Treva Phillips Mayor Treva Phillips, City Secretary -Treasurer See copy Grant Agreement on file in the Office of the City Secretary. 77-36-68-184 Motion was made by Councilwoman Jordan, seconded by Councilman McAliste,r, motion carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7410 on first reading. ORDINANCE NO. 7410 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer- tain specific funds out of Airport Revenue 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 Airport Revenue fund, to -wit: The sum $182,222.00 For the following purpose: Construct, Mark & Light Extension of 17R/35L Runway and parallel Taxiway M-Phase 2. ADAP Project No. 6-48-0138-10. City Share - $182,222.00 FAA Share - $1,640,000.00 AIRPORT WORK ORDER NO. 210 FEB 2 4 1971 r 77-36-69-185 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION ACCEPTING AMENDMENT NO. 1 TO GRANT AGREEMENT CONTRACT NO. DOT-FA76SW-8149 BE IT RESOLVED by the governing body of the City of Lubbock, Texas, (hereinafter termed "City"): SECTION 1. That the City of Lubbock, Texas, shall and it does hereby accept Amendment No. l'to Grant Agreement, Contract No. DOT-FA76SW-8149, as authorized by the acting Chief, Albuquer- que Airports District Office, Southwest Region, Federal Aviation Administration, transmitted by letter dated February 24, 1977, that said City does hereby accept all the terms, conditions, and obligations therein and thereby imposed and by its acceptance of same does hereby acknowledge such instruments as constituting a solemn and binding agreement with the United States Government, for the purpose of obtaining Federal aid in the development of the Lubbock Regional Airport, and that such agreement shall be as set forth hereinbelow. SECTION 2. That the Mayor of the City of Lubbock, Texas, is hereby authorized and directed to evidence said City's agreement by affixing his signature to such agreement, which is hereby executed in sextuplicate, and the City Secretary -Treasurer is hereby authorized to impress the official seal of Lubbock, Texas, thereon and to attest said execution. SECTION 3. That the Amendment No. 1 to the Grant Agreement referred to hereinabove shall be as follows: SECTION 4. For the preservation of the public peace, health, and safety, an emergency is hereby declared to exist by reason whereof this Resolution shall be in full force from and after its passage and approval. PASSED AND APPROVED by a majority vote of the governing body of the City of Lubbock, Texas, and approved by me this 24th day of February, 1977. ATTEST: Isl Treva Phillips City Secretary -Treasurer /s/ Roy Bass Mayor 77-36-69-186 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (40) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. V V C20T TTT TfITT WHEREAS, legislation has been introduced in the Texas legislature which will afford greater annuity benefits to employees under the Texas Municipal Retirement System by eliminating sex discrimination in the mortality tables and also increase interest allowed on accounts and increase the term for beneficiary payments; and WHEREAS, such benefits proposed in House Bill 929 and Senate Bill 543 would benefit the employees of the City of Lubbock and municipal employees throughout and entire State; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby endorses House Bill 929 and Senate Bill 543 and urges the members of the Lubbock and West Texas legislative delegation to support this bill. Passed by the City Council this 24th day of February, 1977. ATTEST: /s/ RoX 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 77-36-69-187 The following bids were received for the purchase of 18 1/2 ton pickups for various departments, (41) being Bid No. 4334. 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 Modern Chevrolet Co. for the purchase of Items 1, 2, 3 and 4; accept the bid of Lone Star Ford Truck Sales for the purchase of Items 5, 6 and 10; accept the bid of Pollard Friendly Ford Co. for the purchase of Item 7; accept the bid of Brunken Toyota, Inc., for the purchase of Item 8; accept the bid of Hufstedler Truck Co. for the purchase of Item 9. 77-36-69-188 The following bids were received for the purchase of light water for the Fire Department, being (42) Bid No. 4345. Bid Tabulation set in Bid Book. 70 B 2 4 1977 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 3-M Company for the purchase of light water for the Fire Department. 77-36-70-189 The following bids were received for the purchase of erosion material for the Park Department, (43) being Bid No. 4320. 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 American Excelsior Co., Amarillo, for the purchase of erosion control material for the Park Department. 77-36-70-190 The following bids were received for the purchase of envelopes for Utility Collections, being (44) Bid No. 4329. 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 Dixon Paper Co. for the purchase of Items 1 and 2; accept the bid of Bancroft Paper Co. for the purchase of Item 3. 77-36-70-191 The following bids were received for the purchase of ferric sulfate for the Water Treatment Plant, (45) being Bid No. 4359. 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 Western Corporation, Borger, for the purchase of ferric sulfate for the Water Treatment Plant. 77-36-70-192 The following bids were received for the purchase of liquid caustic soda for Electric Production, (46) being Bid No. 4301. 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 Weskem-Division of Northern Petrochemical, Borger, for the purchase of liquid caustic soda for Electric Production. 77-36-70-193 The following bids were received for the purchase of wire rope for the Sanitation Department, (47) being Bid No. 4327. 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 M. B. McKee Co. for the purchase of wire rope for the Sanitation Department. 77-36-70-194 The following bids were received for the purchase of 10 precast manholes for Electric Distribu- (48) tion, being Bid No. 4343. 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 Utility Vault, Inc., Chandler, Arizona, for the purchase of 10 precast manholes for Electric Distribution. 77-36-70-195 The following bids were received for the purchase of miscellaneous electric items for Warehouse (49) Stock, being Bid No. 4344. 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 Temple, Inc., for the purchase of Items 1, 10 and 11; accept the bid of McKinley Sales, Albuquerque, for the purchase of Item 2; accept the bid of Nunn Electric for the purchase of Items 3, 6 and 7; accept the bid of Nelson Electric Supply Co. for the purchase of Item 4; accept the bid of Fields & Co. for the purchase of Item 5; accept the bid of Westinghouse Electric Supply for the purchase of Item 8. 77-36-70-196 The following bids were received for the purchase of electric meter pedestal supports for Ware- (50) house Stock, being Bid No. 4335. 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 Fabit Corporation for the purchase of electric meter pedestal supports for Warehouse Stock. 71 FEB 2 4 1977 77-36-71-197 (51) 77-36-71-198 (52) The following bids were received for the purchase of miscellaenous electric items for Warehouse Stock, being Bid No. 4355. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of General Electric Supply Co. for the purchase of Item 1; accept the bid of Temple, Inc., for the purchase of Items 3 and 4; accept the bid of Nunn Electric Supply Corp, for the purchase of Items 5 and 6; accept the bid of Fields & Co. for the purchase of Items 7 and 8; accept the bid of Nelson Electric Supply Co. for the purchase of Items 9 and 10. The following bids were received to establish price for a period of one year for the purchase of electric meters for Electric Distribution, being Bid No. 4331. 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 bids as set out below. 0 N W O V r I� O 2 p -jo P)0oGoo 000n �4cc • Z ¢ O V C g W O H QUQ V U QV IJ 4] V W V W U V U W W W W w P sF 0 0 0 0 �WQQ" m 10 0 o a o o m m w o 0 Y% S Q N O O N O O M ' h v� _ V S Y1 V1 O = 2 2 110 W rN•i 6 0. O o�000�o o��000�o o V W Lddf U aVa G¢J U V IaaJ V V dV y aV V aVa V V Vl Y Y � W d O x Z V O1 IA O O P O O O O O O O O O C. O O IPiI a m O P P O O � � N O O O o O O M Z `T N O 10 10 T M to r1 N W N N W W P = U .J N N CO0 01 w �. 01 cn r+1 r.1 W C9 O M M .� r r 01 2 LL V ti W oo�c�000 c�o�000000 W > N Z q X d V W W 61 Y O b o 0 o 1N0 9 10i lon IPn O 6 0 o O p � N J N N f'D O tf\ fA O M M Ml 00 00 P M 01 u1 - # 000000c� c�0000���� ¢ • x S x x Y s Y X S x S• S x x x x X �+ 2—WJ uH 0IQ+i1V OV� OW O O aR W OV�O O�O OOs1.7Oo¢1.J PVeqOS OquWO �=H O O W m N N O N N en r.1 ry1 1J1 y1 N N 1- _1 N CO O � y1 O sn r1 r� W W p Ol .. 4 1; . Y1 d r+ 12 FEB 24 1977 77-36-72-199 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor (53) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint C. B. Stubblefield to the Human Relations Commission to replace Dr. M. H. Teague who resigned. This term expires May 25, 1978. 77--36--72-200 Larry Cunningham, City Manager, appeared before the Council and presented highlights of a report (54) regarding fire service for the City and County of Lubbock. I w % FEB 2 4 7 r" r 7 The City Council discussed the availability of service. Harry Hamilton appeared and asked per- mission to address the Council and permission was given. Mr. Hamilton made comments regarding fire service in the County and expressed hope that City -County problems could be solved. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the City of Lubbock offer a contract to the County of Lubbock to provide fire service based on either a 3 year moving average of the percent of the use of the Fire Department or on a percent of population, whichever the County prefers; that this be a minimum of a three year contract and that it be a flat fee, not on a per call basis, so that we can budget the hiring of extra personnel and buying the equipment to handle the situation, so both the County and City will know exactly how much it will cost for the upcoming year. It was the consensus of the Council that a letter go to the Commissioners, stating the contract is to follow. 77-36-73-201 The City Council considered a contract with the County of Lubbock for Health Services. After (55) 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 a letter be sent to the County Commissioners indicating the City would be willing to contract for the Sewer Sanitarian services. On any additional health services, the City would be willing to negotiate on a contract basis only, rather than shared service; secondly, that the City offer the sewer Sanitary service for $16,000 a year for three years to be paid monthly, and thirdly, that any fees derived from this service would be maintained by the City to cover the cost of providing a vehicle and to cover escalation costs; and instruct the City Attorney to draft the contract with these terms in it. 77-36-73-202 (16) PROPOSED ANNEXATION NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by Law, that the City Council of the City of Lubbock will hold a public hearing on the 24th day of February, 1977, at 2:00 p.m., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the proposed annexation to the City of Lubbock, Texas, and at which time and place all interested persons will be given an opportunity to be heard. The area of land described herein is adjacent to the existing corporate limits of the City of Lubbock, Texas. Such area is described as follows: BEGINNING at a point in the present City Limits line, as established by City of Lubbock Ordinance No. 6201, said point being 660 feet south and 660 feet east of the Northwest corner of Section 10, Block E; THENCE South approximately 5280 feet to a point 660 feet south and 660 feet east of the Northwest corner of Section 15, block E; THENCE west approximately 6600 feet to a point 660 feet south and 660 feet west of the Northeast corner of Section 22, Block E-2; THENCE North approximately 5280 feet to a point in the existing City Limits line, as described by Ordinance No. 6201, said point being 660 feet south and 660 feet west of the Northeast corner of Section 18, Block E-2; THENCE East approximately 6600 feet along the existing City Limits boundary to the POINT OF BEGINNING. Containing 720 acres, more or less. Area is further described as follows: BEGINNING at a point 660 feet south and 660 feet east of the intersection of 98th Street and University Avenue; THENCE south 5280 feet (one mile) parallel to and 660 feet east of University Avenue centerline to a point 660 feet south and 660 feet east of the intersection of 114th Street and University Avenue.; THENCE west 6600 feet parallel to and 660 feet south of 114th Street centerline to a point 660 feet south and 660 feet west of the intersection of 114th Street and Indiana Avenue; THENCE north one mile parallel to and 660 feet west of Indiana Avenue centerline to a point on the City Limits line 660 feet south and 660 feet west of the 98th Street and Indiana Avenue intersection; THENCE east along the present City Limits line to the POINT OF BEGINNING. /s/ Treva Phillips City Secretary -Treasurer In accordance with the above Notice of City Council Hearing, hearing was held on the proposed annexation of land bounded by 98th Street, University Avenue, 114th Street and Indiana Avenue. Mayor Bass called for all interested persons to appear. Leroy Elmore appeared requesting annexa- tion of this area. George McCleskey appeared and presented a petition bearing signatures of eighteen property owners in the area opposing annexation. Mayor Bass called for comments from Jim Bertram, Director of Planning, Mr. Bertram presented a map of the area proposed to be annexed, and gave estimates at optimum capacity of assessed value and cost of service to Plan Policy Area. Marion Key appeared requesting adoption of an ordinance requiring individual notice to any person who owns property in an area of proposed annexation. No one else came forward; 74 'EB 2 4 1977 whereupon, Mayor Bass announced that the hearing was closed. After consideration of all infor- mation presented motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion harried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this request for annexation. 77-36-74 -203 Councilman Henry discussed funds for sewers and fire stations, stating bond money for these (16a) services has been depleted. He stated he felt the City could not take a chance with the citizens of Lubbock and not be able to offer services the City must offer; that this area is developing rapidly, and at some point, the City Council is going to be faced with houses being built, with no water available. Further discussion was held concerning these services. Motion was made by Councilwoman Jordan, seconded by Councilmen Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass the following resolution regard- ing taxing land at fair market value (not productivity). RT:.Sf1T.TTTTON WHEREAS, legislation has been introduced in the Texas Legislation which would grant tax relief to owners of undeveloped property within cities in the State of Texas; and WHEREAS, encouraging such land owners to hold their property and pay only fractional value taxes places a burden on the other tax paying citizens of cities and also a burden on the faci- lities and finances of municipal governments in their attempt to provide needed services within the city; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council is opposed to legislation which would give a tax advantage to owners of undeveloped city property; and further THAT the City Council would support legislation which would place tax values on undeveloped property according to bona fide offers to purchase such property; and, THAT the legislative delegation from the Lubbock and West Texas area is hereby urged to defeat legislation which would give a tax advantage to owners of undeveloped property and to support legislative which would place tax values on undeveloped property in a more realistic perspective. Passed by the City Council this 24th 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 77-36-74-204 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (16b) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting to pass the follow- ing resolution supporting legislation giving cities extra territorial jurisdiction within a five mile radius from the city limits. RR.SCI1.TTTT0N WHEREAS, municipalities in the State of Texas now have only limited jurisdiction over develop- ment outside their city limits; and WHEREAS, additional authority to control development, set standards for such development and provide services for development within the extraterritorial jurisdiction of such cities would benefit the cities and the person adjacent to such cities; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the legislative delegation from Lubbock County and the West Texas area is hereby urged to introduce and support legislation that will provide controls and authorize services for development within the extraterritorial jurisdiction of municipalities. Passed by the City Council this 24th 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 77-36-74-205 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (32) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, FEB 2 4 Texas, has determined and does hereby determine the public needs and welfare demands and creates a public necessity for the extension of the storm sewer and storm sewer water storage system and any other municipal purpose deemed advisable pursuant to Section 15, Article 1175, V.A.C.S., in the City of Lubbock, Texas in order to provide better storm sewer and storm sewer water storage system service and any other municipal purpose deemed advisable to provide better municipal services to the public, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: METES AND BOUNDS DESCRIPTION of a 142.9602 Acre Tract out of Section 14, Block E-2, Lubbock County, Texas, further described as follows: BEGINNING at a point which bears S89°59'40"W a distance of 325.00 feet and SOO°01'10"W a distance of 40.00 feet from the Northeast Corner of the Northwest Quarter of Section 14, Block E-2, Lubbock, County, Texas; THENCE S00001'10" an approximate distance of 778.00 feet; THENCE N89058'50" W an approximate distance of 28.00 feet to a point of curvature; THENCE Southwesterly, around a curve to the left, said curve having a radius of 110.00 feet, a delta angle of 300, tangent lengths of 29.47 feet, and a chord distance of 56.94 feet; THENCE S60001'10" W an approximate distance of 109.53 feet to a point of curvature; THENCE Southwesterly, around a curve to the left, said curve having a radius of 100.00 feet, a delta angle of 60° tangent lengths of 57.74 feet, and a chord distance of 100.00 feet; THENCE S00001'10"W an approximate distance of 681.96 feet to a point of curvature; THENCE Southeasterly, around a curve to the left, said curve having a radius of 100.00 feet, a delta angle of 600, tangent lengths of 57.74 feet, and a chord distance of 100.00 feet; THENCE S59058'50"E an approximate distance of 463.64 feet to a point of curvature; THENCE Southeasterly, around a curve to the left, said curve having a radius of 110.00 feet, a delta angle of 30°, tangent lengths of 29.47 feet, and a chord distance of 56.94 feet; THENCE S89058'50"E an approximate distance of 142.00 feet; THENCE SOO°01'10"W an approximate distance of 1865.00 feet; THENCE N89058'50"W an approximate distance of 370.00 feet to a point of curvature; THENCE Northwesterly, around a curve to the right, said curve having a radius of 630.00 feet, a delta angle of 45°, tangent lengths of 260.95 feet, and a chord distance of 482.18 feet; THENCE N44058'50"W an approximate distance of 130.00 feet to a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 630.00 feet, a delta angle of 45°, tangent lengths of 260.95 feet, and a chord distance of 482.18 feet; THENCE N89058'50"W an approximate distance of 645.45 feet to a point of curvature; THENCE Southwesterly, around a curve to the left, said curve having a radius of 600.00 feet, a delta angle of 30°, tangent lengths of 160.77 feet, and a chord distance of 310.58 feet; t THENCE S60001'10"W an approximate distance of 180.00 feet; THENCE S29058'50" E an approximate distance of 107.50 feet to a point of curvature; THENCE Southeasterly, around a curve to the right, said curve having a radius of 1000.00 feet, a delta angle of 30°02'15", tangent lengths of 268.30 feet, and a chord distance of 518.27 feet; ,,.THENCE S00003'25"W an approximate distance of 1087.28 feet; THENCE S89058'55"W an approximate distance of 371.71 feet to the Southwest corner of said ' Section 14; THENCE N00003'25"E an approximate distance of 3085.03 feet; THENCE S89058'50"E an approximate distance of 808.38 feet to a point of curvature; THENCE Northeasterly, around a curve to the left, said curve having a radius of 630.00 feet, a delta angle of 45 % tangent lengths of 260.95 feet, and a chord distance of 482.18 feet; THENCE N45001'10"E an approximate distance of 110.00 feet to a point of curvature; THENCE Northeasterly, around a curve to the left, said curve having a radius of 630.00 feet, a delta angle of 45°, tangent lengths of 260.95 feet, and a chord distance of 482.18 feet; THENCE N00001'10"E an approximate distance of 646.37 feet to a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 175.00 feet, a delta angle of 60°, tangent lengths of 101.04 feet, and a chord distance of 175.00 feet; THENCE N59058'50"W an approximate distance of 595.00 feet to a point of curvature; THENCE Northwesterly, around a curve to the right, said curve having a radius of 175.00 feet, a delta angle of 60°, tangent lengths of 101.04 feet, and a chord distance of 175.00 feet; THENCE N00001'10"E an approximate distance of 205.00 feet; THENCE N89059'40"E an approximate distance of 1465.00 feet to the Place of Beginning. SECTION 2. THAT the owners of said land including Estate of D.M. King, Louise Crosnoe, Independent Executrix thereof, and all heirs of D. M. King, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $411,000.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate herein - above described for the purposes herein stated, for the use and benefit of the City of Lubbock. located in Lubbock County, Texas, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) pro- ceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 24th 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 77-36-76-206 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (34) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. PPgnT TTTTnM WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, health, and welfare demands and creates a public necessity for the constructing, expansion, and improvement of its public water utility system, storm sewer and storm sewer water storage system and any other municipal purpose deemed advisable pursuant to Section 15, Article 1175, V.A.C.S. in said City in order to provide better public water utility service, storm sewer and storm sewer water storage service and any other municipal purpose deemed advisable to provide better municipal services to the public and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such pur- poses as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: TRACT I METES AND BOUNDS DESCRIPTION of a 49.0640 Acre Tract out of Section 11, Block E-2, Lubbock County, Texas, further described as follows: BEGINNING at a point which bears S89°59'40"W 325.00 feet and N00°01'10"E 40.00 feet from the Southeast Corner of the Southwest Quarter of Section 11, Block E-2, Lubbock County, Texas; THENCE S89°59'40"W an approximate distance of 765.00 feet; THENCE N00003'00"W an approximate distance of 1115.00 feet; THENCE S89059'40"W an approximate distance of 1090.00 feet; THENCE N00001'10"E an approximate distance of 779.38 feet; THENCE N60001'10"E an approximate distance of 128.04 feet to a point of curvature; THENCE Northeasterly, around a curve to the right, said curve having a radius of 400.00 feet, a delta angle of 30°, tangent lengths of 107.18 feet, and a chord distance of 207.05 feet; El FEB 24 1 THENCE S89058'50"E an approximate distance of 380.00 feet to a point of curvature; THENCE Southeasterly, around a curve to the right, said curve having a radius of 75.00 feet, a delta angle of 900, tangent lengths of 75.00 feet, and a chord distance of 106.07 feet; THENCE S00001'10"W an approximate distance of 496.10 feet to a point of curvature; THENCE Southeasterly, around a curve to the left, said curve having a radius of 90 feet, a delta angle of 90°, tangent lengths of 90 feet, and a chord distance of 106.07 feet; THENCE S89058'50"E an approximate distance of 162.25 feet; THENCE Northeasterly, around a curve to the left, said curve having a radius of 195.00 feet, a delta angle of 30°, tangent lengths of 52.25 feet, and a chord distance of 100.94 feet; THENCE N60001'10"E an approximate distance of 890.00 feet to a point of curvature; THENCE Northeasterly, around a curve to the right, said curve having a radius of 230.00 �. feet, a delta angle of 30°, tangent lengths of 61.63 feet, and a chord distance of 119.07 feet; THENCE S89059'58"E an approximate distance of 180.00 feet; THENCE S00001'10"W an approximate distance of 530.00 feet; THENCE N89058'50"W an approximate distance of 190.00 feet to a point of curvature; THENCE Southwesterly, around a curve to the left, said curve having a radius of 135.00 feet, a delta angel of 90°, tangent lengths of 135.00 feet, and a chord distance of 190.92 feet; THENCE S00001'10"W an approximate distance of 1187.00 feet to the Place of Beginning. TRACT II METES AND BOUNDS DESCRIPTION of a 6.5751 Acre Tract out of Section 11, Block E-2, Lubbock County, Texas, further described as follows: BEGINNING at a point which bears N00°01'10"E 1155.00 feet and N89°59°40"E 60.00 feet from the Southwest Corner of Section 11, Block E-2, Lubbock County, Texas; THENCE N00001'10"E an approximate distance of 700.00 feet; THENCE S89058'50"E an approximate distance of 115.00 feet; THENCE Northeasterly, around a curve to the left, said curve having a radius of 400.00 feet, a delta angle of 30°, tangent lengths of 107.18 feet, and a chord distance of 207.05 feet; THENCE N60001'10"E an approximate distance of 51.96 feet; THENCE S00001'10"W an approximate of 779.38 feet; THENCE S89059'40"W an approximate distance of 400.00 feet to the Place of Beginning. SECTION 2. THAT the owners of said land including Floyd Honey, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $106,500.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domai proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and minicipal purposes. Passed by the City Council this 24th 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 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting, February 24, 1977. ATTEST: ROY BASS, MAYOR a/ Treva Phillips, City)ecretary-Treasurer READ AND APPROVED THIS THE 10th day of March 1 7. I ATTEST: ROY BA S, MAYOR -._ Treva Phillips, Cit Secretary -Treasurer