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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/10/1977MAR I 0 1977 MEETINGREGULAR CITY COUNCIL MARCH 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, Council man Bill McAlister, City Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer. Absent: None 77-36-78- 207 The invocation was given by Larry Cunningham, City Manager. (1) 77-36-78-208 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 77-36-78-209 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (3) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held February 24, 1977, as corrected. 77-36-78-210 Gary Morse appeared before the City Council requesting permission to place carillons at Trinity (8a) Church. 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 grant this request provided that playing of these bells is limited to 5 minutes per day and as long as they are not disturbing the neighborhood around i the church. 77-36-78-211 Larry Anderson, representing the firm of Mason, Nickels and Warner, appeared before the City Council (9) and presented the Annual Audit for the fiscal year 1975-1976. After consideration of all infor- mation 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 accept this financial report. The City Council expressed pleasure with the report and complimented Mason; Nickels and Warner on their presentation. See Annual Audit Report on file in the office of the City Secretary. 77-36-78-212 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (10) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7404 on second and final 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. 77-36-78-213 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (11) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7409 on second and final reading. ORDINANCE NO. 7409 AN APPROPRIATION ORDINANCE 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 LIGHTING BOND FUND The sum $30,000.00 For the following purpose: To install residential mercury vapor street lights at various locat in the City of Lubbock, Texas 77-36-78-214 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7410 on second and final reading. ORDINANCE NO. 7410 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate cer- 6C MAR 10 1977 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 77-36-79-215 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7405 on second and final reading. 7 7-36-7 9-216 (14) 77-36-79-217 (15) 77-36-79-218 (18) 77-36-79-219 (19) 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. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7406 on second and final 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. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7407 on second and final 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. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7411 on first reading. ORDINANCE NO. 7411 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: The sum $12,485.00 Canyon Lakes Bonds $12,485.00 HUD Grant Funds $24,970.00 Total For the following purpose: Park Improvements in the Yellowhouse Canyon Lakes in the form of utility pole relocation. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. RFCnT TTTTOM WHEREAS, it has been determined by the City Council that the Canyon Area within the City of Lubbock, Lubbock County, Texas, should be developed for public open space called the Yellow - house Canyon Lakes Project; and, WHEREAS, the Bureau of Outdoor Recreation has contracted with the City for matching funds to aid in development of said project; and, WHEREAS, it is necessary to acquire for the Yellowhouse Canyon Lakes Project fee simple title to the land hereinafter described owned by Billy G. Miles and wife, Judy Miles, and R. L. Edwards and wife, Mary F. Edwards; and, MAR 10 1971 WHEREAS, the City Council has caused appraisal to be made of said land, and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised and the Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing public open space described as the Yellowhouse Canyon Lakes Project fee simple title to the land identified as Area 2, Parcel 2 in said project and lying and being situated in Lubbock County, Texas, and described as follows, to -wit: A 2.299 acre tract of land out of Section 16, Block A, Lubbock County, Texas, with metes and bounds as follows: BEGINNING at a point from which the Southwest Corner of said section bears South 630' and West 690'; THENCE North 601; THENCE West 601; THENCE North 190'; THENCE East 2901; THENCE South 45° East 353.6'; THENCE West 480' to the PLACE OF BEGINNING. THAT the owners, Billy G. Miles and wife, Judy Miles, and R. L. Edwards and wife Mary F. Edwards, and all others, if any, whose interest may appear, be offered through the Planning Department and/or the Urban Renewal Agency of the City of Lubbock, Texas, as agent for said De- partment the amount hereby established as the fair market value and total damages, if any, for fee simple title to and acquisition of said land for the purposes herein stated, for the use and bene- fit of the City of Lubbock, and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for park purposes. Said amount of offer and fair market value is established as $13,500.00 for said land. Passed by the City Council this loth day of March, 1977. ATTEST: Isl Roy Bass ROY BASS, MAYOR lsl Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Is/ Fred 0.Senter, Jr. Fred 0. Senter, Jr., City Attorney 77-36-80-220 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION WHEREAS, it has been determined by the City Council that the Canyon Area within the City of Lubbock, Lubbock County, Texas, should be developed for public open space called the Yellowhouse Canyon Lakes Project; and, WHEREAS, the Bureau of Outdoor Recreation has contracted with the City for matching funds to aid in development of said project; and, WHEREAS, it is necessary to acquire for the Yellowhouse Canyon Lakes Project fee simple title to the land hereinafter described, owned by C.B. Martin and wife, Connie Martin, and Byron Martin; and, WHEREAS, the City Council has caused appraisal to be made of said land, and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised and the Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing public open space described as the Yellowhouse Canyon Lakes Project fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Block 1, Packers Addition to the City of Lubbock, Lubbock County, Texas, and containing approxi- mately 5.645 acres. THAT the owners, C.B. Martin and wife, Connie Martin, and Byron Martin, and all others, if any, whose interest may appear, be offered through the Planning Department and/or the Urban Renewal Agency of the City of Lubbock, Texas as agent for said Department the amount hereby estab- lished as the fair market value and total damages, if any, for fee simple title to and acquisition i 1 MAR 10 1977 of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for park purposes. Said amount of offer and fair market value is established as $49,150.00 for said land. Passed by the City Council this 10th day of March, 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 77-36-81-221 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7412 on first reading. ORDINANCE NO. 7412 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: The sum $ 31,325.00 Canyon Lakes Bond Funds 31,325.00 BOR Grant Funds 62,650.00 Total For the following purpose: Land acquisition in the Yellowhouse Canyon Lakes - Area 2 Parcel 2 Area 9 Parcel 2. 77-36-81-222 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. PV QnT T1TT(W RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Rushland Park Addition, Lots 8-14, Block 25, Lots 5-8, Block 26, Lots 1-4, Block 27, Lots 1-7, Block 28, made arrangements with Harold Stotts Earth Moving Contractor 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 Rushland Park Addition including the following streets: 7th Street from its intersection with the East Lip Line of Toledo Avenue to its intersection with the West Lip Line of Salisbury Avenue known and designated as New Subdivision Sub -Unit Number 14 of Unit Number 2020. 7th Street from its intersection with the East Lip Line of Salisbury Avenue to its intersec- tion with the West Property Line of Salem Avenue known and designated as New Subdivision Sub -Unit Number 15 of Unit Number 2020. Salisbury Avenue from its intersection with a line 7.00 feet north of the North Property Line of the alley north of 7th Street to its intersection with a line 3.00 feet north of North Property Line of the alley south of 7th Street known and designated as New Subdivision Sub -Unit Number 16 of Unit Number 2020. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the 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. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS LOTH DAY OF MARCH, 1977. MAR 10 1977 77-36-82-223 (23) 7 7--36-82-224 (23a) ATTEST: /s/ Treva Philli s Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /_s/Roy Bass ROY BASS, MAYOR APPROVED: /s/ Fred 0. Senter, Jr. _ Fred 0. Senter, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RT7.Gf)T.TTTT0N 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 University Pines Addition, Lots 113-125, and 282-288, made arrangements with Kerr 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 subdi- vision plat of University Pines Addition including the following streets: West 1/2 of University Avenue from its intersection with a line 16.00 feet south of the south property line of 94th Street to its intersection with a line 7.00 feet south of the south property line of Alley south of 94th Street (Concrete Only) known and designated as New Sub- division Sub -Unit Number 1 of Unit Number 2019. Boston Avenue from its intersection with the south lip line of 94th Street to its intersection with a line 7.00 feet south of the south property line of Alley South of 94th Street known and designated as New Subidivision Sub -Unit Number 2 of Unit Number 2019. Belton Avenue from its intersection with a line 13.00 feet south of the south property line of 94th Street to its intersection with a line 7.00 feet south of the south property line of Alley south of 94th Street known and designated as New Subdivision Sub -Unit Number 3 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 constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the 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 LOTH DAY OF MARCH, 1977. ATTEST: /s/ Roy Bass_ ROY BASS, MAYOR^ /s/ Treva Phillips 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 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. RF.g0T.TTTTfTN RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUE AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of University Pines Addition, Lots 126-197, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivi- sion under the provisions of said Ordinance prior to the recording of the subdivision plat of University Pines Addition including the following streets: South 1/2 of 90th Street from its intersection with a line 7.00 feet west of west property line of Alley west of Elgin Avenue to its intersection with a line 16.00 feet east of east property line of Elgin Avenue (Concrete Only) known and designated as New Subidivision Sub - Unit Number 89 of Unit Number 2019. 91st Street from its intersection with a line 7.00 feet west of west property line of Alley MAR 10 1977 west of Elgin Avenue to its intersection with the southwest lip line of Canton Avenue known and designated as New Subivision Sub -Unit Number 90 of Unit Number 2019. 92nd Street from its intersection with a line 7.00 feet west of west property line of Alley west of Elgin Avenue to its intersection with the northwest lip line of Canton Avenue known and designated as New Subidivision Sub -Unit Number 91 of Unit Number 2019. Elgin Avenue from its intersection with the south lip line of 90th Street to its intersection with the north lip line of 91st Street known and designated as New Subdivision Sub -Unit Number 92 of Unit Number 2019. Elgin Avenue from its intersection with the south lip line of 91st Street to its intersection with the north lip line of 92nd Street known and designated as New Subdivision Sub -.'nit Number 93 of Unit Number 2019. Elgin Avenue from its intersection with the south lip line of 92nd Street to its intersec- tion with a line 7.00 feet south of south property line of Alley south of 92nd Street known and designated as New Subdivision Sub -Unit Number 94 of Unit Number 2019. 93rd Street from its intersection with a line 60.00 feet west of west property line of Lot 140 to its intersection with the west lip line of Canton Avenue known and designated as New Subdivision Sub -Unit Number 95 of Unit Number 2019. Canton Avenue from its intersection with the south lip line of 91st Street to its inter- section with the southeast property line of Lot 139 known and designated as New Sub -divi- sion Sub -Unit Number 96 of Unit Number 2019. Canton Avenue from its intersection with a line 7.00 feet north of north property line of Alley north of 91st Street to its intersection with the northeast end of radius of Lot 127 known and designated as New Subdivision Sub -Unit Number 97 of Unit Number 2019. 91st Street drainage channels into Lake Number 86 known and designated as New Subdivision Sub -Unit Number 97-A of Unit Number 2019. 91st Street from its intersection with the northeast end of radius of Lot 127 to its intersec- tion with the southeast property line of Lot 126 known and designated as New Subdivision Sub -Unit Number 98 of Unit Number 2019. AND WHEREAS, the construcation of the above improvements on the abovmentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are here- by accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's 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 10TH DAY OF MARCH, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass ROY BASS, MAYOR APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 77-36-83-225 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION 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: MAR 10 1977 NAME 2nd Place 2nd Place 30th Street 54th Street 61st Street Vicksburg Avenue FROM TO Geneva Avenue Hartford Avenue Milwaukee Avenue Bangor Avenue Vicksburg Avenue 61st Street 400' East of Geneva Avenue Geneva Avenue Kewanee Avenue Albany Avenue Utica Avenue Alley S. of 61st Street II. 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 IMPROVEMENTS (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. MAR 10 1 r F F VI. Assessments shall be made and levied, and shall be a first and prior lien and per- sonal liability for principal, interest, reasonable attorneys 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 1105B 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. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS loth day of March, 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. 77-36-85-226 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (25) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. 77-36-85-227 (26) R7?.gnT.TTTTf1N A RESOLUTION ADOPTING PLANS AND SPECIFICATIONS. WHEREAS, the City Council on January 27, 1977, February 10, 1977 and March 10, 1977, passed resolutions providing for the improvements of portions of streets, highways, avenues and/or alleys in the City of Lubbock, Texas, and along the boundaries of said city, to be done under General Work Order No. 10922 and directing preparation of plans and specifications covering the streets, highways, avenues and/or alleys as named in said resolutions, and, WHEREAS, the City Engineer has prepared and filed with the City plans and specifications for such improvements, and same have been examined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT, the plans and specifications submitted by the City Engineer covering improvements con- templated by said resolutions, BE, and the same are hereby approved. AND IT IS SO ORDERED. PASSED AND APPROVED THIS LOTH DAY OF MARCH, 1977. ATTEST: /s/ Roy Bass ROY BASS, MAYOR ^� /s/ Treva Phillips Treva Phillips, City Secretary -� APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED: /s/ Fred 0. Senter, Jr.___ Fred 0. Senter, Jr., City Attorney Motion was made by 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. R'R.g0T.TTTT0W WHEREAS, the City Council of the City of Lubbock by resolution passed on January 27, 1977, February 10, 1977 and March 10, 1977, in regular session of said City Council declared a necessity for and ordered the improvement of those certain streets, highways, and alleys or portions there- of in the City of Lubbock, Lubbock County Texas as more particularly described hereafter, by excavating, grading, and paving the same and by the construction of drainage facilities therein and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and directing the City Engineer to prepare plans and specifications for said improvements; and, WHEREAS, the plans and specifications for the improvements of said highways, streets and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock County, Texas, WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County, Texas, to be necessary in the public interest to make the improvements herein designated on those certain highways, public streets and alleys or portions thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT improving the hereinafter described highways, streets and alleys, or portions thereof, located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of drainage facilities therein as well as the necessary curbs and gutters which are not now in place be and are hereby found to be a necessity; and, t 10 1977 THAT the cost of making such improvements be partly paid for by the City of Lubbock and partly by the hereinafter described property abutting upon the highway, street or streets and alleys or portions thereof which are hereby ordered to be improved, and the owners of such property as a personal liability after, public hearing, all in accordance with and as required by Article 1105b, of the Revised Civil Statutues of Texas amended by Chapter 281 Acts of the 52nd Legislature and amendments thereto. The portions of streets and alleys upon which improvments are proposed to be constructed and the abutting property proposed to be assessed for said improvements designated and defined by Unit and Sub -Unit are as follows: UNIT AND SUB -UNIT ALLEYS (10' WIDE) FROM TO A-460-30 E-W Alley between 63rd and 64th Quaker Avenue Oxford Drive A-460-31 E-W Alley between llth and 13th Toledo Avenue Salem Avenue STREETS (30' WIDE) 2233-34 Santa Fe Drive Slide Road 29th Drive (36' WIDE) 2234-14 Sherman Avenue lst Street Clovis Road 2234-12 Sherman Avenue 1st Street Clovis Road 2234-13 80th Street Avenue B Ash Avenue 2234-14 62nd Street Wayne Avvenue Utica Avenue 2234-15 63rd Street 540'W Vicksburg Utica Avenue 2234-16 Wayne Avenue Alley N. of 62nd 62nd Street 2234-17 Vicksburg Avenue Alley N. of 62nd Alley S. of 63rd 2234-18 24th Street Avenue K Avenue J 2234-19 2nd Place Geneva Avenue 400'E. of Geneva 2234-20 2nd Place Hartford Avenue Geneva Avenue 2234-21 30th Street Milwaukee Avenue Kewanee Avenue 2234-22 61st Street Vicksburg Avenue Utica Avenue 2234-23 Vicksburg Avenue 61st Street Alley S. of 61st (42' WIDE) 2235-1 Englewood Avenue 2235-2 54th Street Brownfield Highway Brownfield Drive Bangor Avenue Albany Avenue THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this resolution and to record or cause same to be recorded in the Deed of Trust Records of Lubbock County, Texas. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS LOTH DAY OF MARCH, 1977. ATTEST: /s/ RoX Bass ROY BASS, MAYOR /s/ Treva Phillips _ Treva Phillips, City Secretary �T APPROVED: APPROVED: /s/ Wilford D. Watson, /s/ Fred 0. Senter, Jr. Wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney 77-36-86-228 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (27) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION DIRECTING ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC. IN CONNECTION WITH PROPOSED IMPROVEMENTS ON PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN AND ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered and provided for the improvement of portions of sundry streets, highways, avenues and/or alleys in and along the boundaries of the City as designated below: UNIT AND ALLEYS SUB -UNIT (10' WIDE) FROM TO A-460-30 E-W Alley between 63rd and 64th Quaker Avenue Oxford Drive A-460-31 E-W Alley between llth and 13th Toledo Avenue Salem Avenue STREETS 30' WIDE) 2233-34 Santa Fe Drive Slide Road 29th Drive 11 MAR Z ( F F r F (36' WIDE) 2234-12 Sherman Avenue 2234-13 80th Street 2234-14 62nd Street 2234-15 63rd Street 2234-16 Wayne Avenue 2234-17 Vicksburg Avenue 2234-18 24th Street 2234-19 2nd Place 2234-20 2nd Place 2234-21 30th Street 2234-22 61st Street 2234-23 Vicksburg Avenue (42' WIDE) 2235-1 Englewood Avenue 2235--2 54th Street 1st Street Avenue B Wayne Avenue 540'W. of Vicksburg Alley N. of 62nd Alley N. of 62nd Avenue K Geneva Avenue Hartford Avenue Milwaukee Avenue Vicksburg Avenue 61st Street Brownfield Highway Bangor Avenue Clovis Road Ash Avenue Utica Avenue Utica Avenue 62nd Street AlleyS. of 63rd Avenue J 400'E. of Geneva Geneva Avenue Kewanee Avenue Utica Avenue Alley S. of 61st Street Brownfield Drive Albany Avenue AND it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvements. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: The Engineer of the City be, and he is hereby directed to prepare and file with the City est mates showing cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property showing other matters and things, it being especially provided, however, that any mistake in such estimates or in amounts and in the descriptions of pi perty or names or owners shall in no wise affect, invalidate or impair any assessment which may be levied. II. Such estimates, rolls and statements shall show all information required to be shown thereor by the proceedings of the City relating to such improvements and the law and charter with amend- ments in force in the City, and by the provisions of Article 1105B, Revised Civil Statutes of Texas as amended by Chapter 281, Acts of the 52nd Legislature. This resolution shall take effect and be force from and after its passage. PASSED AND APPROVED THIS THE 10TH DAY OF MARCH, 1977. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson.. Wilford D. Watson, City Engineer /s/ Roy Bass ROY BASS, MAYOR APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 77-36-87-229 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (28) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. 1976 PAVING RESOLUTION RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS, OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, LAYING CURB AND GUTTER AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY, AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that portions of streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter, reinforced concrete five (5) inch thick alley pavement, and street pavement with caliche base and one and one-half (1 1/2) inch Hot Mix, T.H.D., Type C together with incidentals and appurtenances. WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: I. Such estimates be and they are hereby adopted and approved. 10 1977 II. NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTIONS OF STREETS, HIGH- WAYS, AVENUES AND/OR ALLEYS, AND TO ALL OTHERS AFFECTED: The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, avenues and/or alleys in and along the boundary of the said City of Lubbock, Texas, be improved by raising, grading and filling and installing concrete curbs and gutters, reinforced concrete five (5) inch thick alley pavement, and street pavement with caliche base, one and one-half (1 1/2) inch Hot Mix. T.H.D. Type "C:, storm sewers and drains where necessary on streets, highways, avenues and/or alleys, designated below: It is hereby found and determined that the cost of the improvements on such portions of said streets, avenues, highways and/or alleys with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property, the owners thereof, on the portions of said streets, avenues, highways, and/or alleys as follows, to -wit: The following thirty (30) foot width street is known and designated as Unit Number 2233, Sub -Unit 34, the total estimated cost of the improvements is $13,688.72, the estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $3.02; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of property owner curb and gutter is $4.78 for front abutting property. The estimated cost of each Sub -Unit is as follows: Sub -Unit 34, Santa Fe Drive from Slide Road to 29th Drive, the estimated cost of Sub -Unit 34 of of Unit 2233 is $13,688.72. The following thirty-six (36) foot width streets are known and designated as Unit Number 2234; Sub -Units 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, the total estimated cost of the improvements is $128,379.05; the estimated amount per front foot to be assessed against the abut- ting property and the owners thereof for curb and gutter is $3.02; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements ex- clusive of curb and gutter is $5.89 for front abutting property, and $3.92 for side abutting pro- perty. The estimated cost of each Sub -Unit is as follows: Sub -Unit 12, Sherman Avenue from 1st Street to Clovis Road, the estimated cost of Sub -Unit 12 of Unit 2234 is $2,183.55. Sub -unit 13, 80th Street from Avenue B to Ash Avenue, the estimated cost of Sub -Unit 13 of Unit 2234 is $12,03.38. Sub -Unit 14, 62nd Street from 130' W. of Wayne Avenue to Utica Avenue, the estimated cost of Sub -Unit 14 of Unit 2235 is $34,724.31. Sub -Unit 15, 63rd Street from 540' W. of Vicksburg Avenue to Utica Avenue, the estimated cost of Sub -Unit 15 of Unit 2234 is $20,136.43. Sub -Unit 16, Wayne Avenue from the alley N. of 62nd Street to 62nd Street, the estimated cost of Sub -Unit 16 of Unit 2234 if $2,460.27. Sub -Unit 17, Vicksburg Avenue from the alley N. of 62nd Street to the alley S. of 63rd Street, the estimated cost of Sub -Unit 17 of Unit 2234 is $9,241.41. Sub -Unit 18, 24th Street from Avenue K to Avenue J, the estimated cost of Sub -Unit 18 of Unit 2234 is $4,712.84. Sub -Unit 19, 2nd Place from Geneva Avenue to 400' E. of Geneva Avenue, the estimated cost of Sub -Unit 19 of Unit 2234 is $14,934.79. Sub -Unit 20, 2nd Place from Hartford Avenue to Geneva Avenue, the estimated cost of Sub - Unit 20 of Unit 2234 is $5,884.30. Sub -Unit 21, 30th Street from Milwaukee Avenue to Kewanee Avenue, the estimated cost of Sub -Unit 21 of Unit 2234 is $18,525.66. Sub -Unit 22, 61st Street from Vicksburg Avenue to Utica Avenue, the estimated cost of Sub - Unit 22 of Unit 2234 is $11,906.72. Sub -Unit 23, Vicksburg Avenue from 61st Street to the Alley S. of 61st Street, the estimated cost of Sub -Unit 23 of Unit 2234 is $1,655.39. The following forty-two (42) foot width streets are known and designated as Unit Number 2235, Sub -Units I and 2, the total estimated cost of the improvements is $18,206.57; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $3.02; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $6.07 for abut- ting business zones: The estimated cost of each Sub -Unit is as follows: �7 El 0 MAR 10 197 r r 11, r r Sub -Unit 1, Englewood Avenue from Brownfield Highway to Brownfield Drive, the estimated cost of Sub -Unit 1 of Unit 2235 is $6,992.78. Sub -Unit 2, 54th Street from Bangor Avenue to Albany Avenue, the estimated cost of Sub - Unit 2 of Unit 2235 is $11,213.79. For the following ten (10) foot wide alleys known and designated as Unit A-460, Sub -Unit 30, and 31, the total estimated cost for the improvements is $31,626.66; the estimated amount per front foot to be assessed against the abutting property used for two family residential pur- poses and the owners thereof and for property used for single family purposes (where the property on both sides of the alley is used for residential purposes) and the owners thereof is $3.97. The estimated cost of each Sub -Unit is as follows: Sub -Unit 30, East-West alley between 63rd Street and 64th Street from Quaker Avenue to Ox- ford Drive, the estimated cost of Sub -Unit 30 of Unit A-460 is $17,090.60. Sub -Unit 31 East-West alley between llth Street and 13th Street from Toledo Avenue to Salem Avenue, the estimated cost of Sub -Unit 31 of Unit A-460 is $14,536.06. And arrangement for the making and construction of such improvements with pavement of one and one-half (1 1/2) inch Hot Mix. T.H.D., Type C, and a six (6) inch compacted calich base in streets, highways and avenues, alleys to be constructed with pavement of five (5) inch reinforced concrete slab has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof have been filed with the City, such rolls or statements showing other matters and things, and have been approved and the City Council of said City has fixed a time and place for hearing to the owners of property abutting upon said portions of streets, highways, avenues and/or alleys and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to the respective parcels of property by means of the improvements in the unit upon which the particular property abuts, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements and other matters and things will be determined, and after such hearings assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in regular City Council Meeting Room in the City Hall in the City of Lubbock, on the 12th day of May, 1977, at 2:00 p.m. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copied thereof are in the office of the City Engineer of the City of Lubbock and open to in- spection of any interested parties at any time, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Council of the City of Lubbock, this the loth day of March, 1977. No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. That a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of said streets, highways, avenues and/or alleys described in Section II, of this Resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 12th day of May, 1977, at 2:00 p.m. o'clock on the second floor in the City Hall, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and other matters and facts in accordance with the terms and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and as amended by Chapter 176 Acts of the 60th Regular Session of said Legislature. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least twenty-one days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owner of the respective properties abutting such highways, avenues, and/or alleys or portions hereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock and at the addresses shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the city at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this resolution and said Acts as amended. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, THIS THE 10TH, DAY OF MARCH, 1977. ATTEST: /s/_ Treva _Phillips Treva Phillips, City Secretary �T 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 �R 0 1977 77-36-90-230 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize Change Order No. 1 to CPA 7627. TO: W.D. Turner Construction Company 3434 Avenue "H" Lubbock, Texas 79404 Gentlemen: CHANGE ORDER NO. 1 1976 Street Paving Improvement C.D.W.O. 7627 WHEREAS, it is desirable to make changes in the plans and specifications for this project, being namely the additional construction of East 1/2 of Bangor Avenue between 54th and 57th Streets. Original Amount of Contract $593,935.00 Increased by Change Order No. 1, G.W.O. 10,939 9,777.52 Total Amount of Contract $603,712.52 THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the Change shown herein and in the revised plans; the Owner agrees to pay the Contractor the amount of the increase in cash; and the Contractor agrees to proceed with construction and to adhere to applicable Specifications, under the direction of the Engineer. Futhermore, the parties agree that the original contract between the Owner and Contractor shall be modified to the extent herein indicated, including one (1) attachment. All of change order #1 work will be payed from G.W.O. 10,939, Park Bonds. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this loth day of March, 1977. W.D. TURNER CONSTRUCTION COMPANY (Contractor) By W.D. Turner Construction Company CITY OF LUBBOCK OWNER BY: ATTEST: Isl Roy Bass .. Isl Treva Phillips Roy Bass, Mayor Treva Phillips, City Secretary RECOMMENDED FOR APPROVAL /s/ Wilford D. Watson Isl Lard Cunningham _ Wilford D. Watson, City Engineer Larry Cunningham, City Manager Additional construction located near Buster Long Park. The undersigned Contractor declares he has visited the site of the work, and he further agrees to commence said work within seven (7) days, weather permitting, and complete construction by continuous work. ITEM UNIT QUANTITY PRICE (1.) A.C. Pavement, including sub -base 1,728.17 S.Y. $ 2.90 preparation, 6" caliche base complete in place, per square yard. AMOUNT $5,011.69 (2.) Concrete curb and gutter or 30" 1,199.86 L.F. $ 3.00 $3,599.58 wide separate gutter, including subgrade preparation, complete in place, per linear foot. (3.) Reinforced concrete (3,000#/7 day 61.63 S.Y. $12.50 $ 770.38 high early type) drainage channels 5" in thickness, including subgrade preparation, complete in place, per square yard. (4.) Reinforced concrete (3,000#/7 day 31.67 $12.50 $ 395.87 high early type) valley gutter (5 or 10 foot in width) 6" in thickness, including subgrade preparation, complete in place, per square yard. TOTAL CHANGE ORDER NO. 1 $9,777.52 77-36-90-231 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7413 on first reading for construction of water mains ahead of paving Indiana Avenue and 66th Street. Aii ��. MAR 10 1977 ORDINANCE NO. 7413 AN APPROPRIATION ORDINANCE 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: Water Capital Project Fund The sum $41,515.90 For the following purpose: Construct 16 inch water line in Indiana Avenue from 90th Street to 95th Street ahead of paving, and in 66th Street 700 feet west of Elgin Street for pressure loop. 77-36-91-232 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (30a) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize publication of Notice to Bidders for the construction of a 16" water line in Indiana Avenue from 90th Street to 95th Street ahead of paving, and in 66th Street 600' west of Elgin Street for pressure loop. 77-36-91-233 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (31) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize the release of a portion of the retainage to Natgun, Corp., contractors on water reservoir. This would decrease retainage of Natgun from 2% to 1%. 77-36-91-234 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (32) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize an amendment to Step One of grant request to include digester at Southeast Water Reclamation Plant. 77-36-91-235 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (33) 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, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Slide Road (being a public street) in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: BEGINNING at a point which is 42.40 feet West of the Southeast corner of Lot 11, Block 5, Evans Addition, said point being the beginning of a 15.00 foot curve to the right, the radius point of which bears 15.00 feet North and having a delta angle of 86°39'47" and a tangent length of 14.15 feet; THENCE around said curve to the right an are length distance of 22.69 to a point; THENCE North 3°20'13" West a distance of 116.07 feet to a point, said point being in the North property line of said Lot 11, Block 5, Evans Addition; THENCE West 0.87 feet to a point, said point being the Northwest corner of said Lot 11, Block 5, Evans Addition; THENCE South 130.00 feet to a point, said point being the Southwest corner of said Lot 11, Block 5, Evans Addition; THENCE East 22.60 feet to the POINT OF BEGINNING. SECTION 2.THAT the owners of said land including R.A. Austin and wife Yvonne G. Austin, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,650.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this loth day of March, 1977. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer AAR A. 0 1977 APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 77-36-92 -236 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (34) 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, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Slide Road (being a public street) in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: BEGINNING at a point which is 85.89 feet West of the Southeast corner of Lot 7, Block 4, Hillcrest Resubdivision, said point being the beginning of a 15.00 foot curve to the right whose radius point bears North 15.00 feet and having a delta angle of 93°35'35" and a tangent length of 15.97 feet; THENCE around said curve to the right an arc length distance of 24.50 feet to a point; THENCE North 3°35'25" East a distance of 110.53 feet to a point, said point being 93.94 feet West of the Northeast corner of said Lot 7, Block 4, Hillcrest Resubdivision; THENCE West 11.06 feet to a point; said point being the Northwest corner of Lot 7, Block 4, Hillcrest Resubdivision; THENCE South 126.25 feet along the west property line of Lot 7 to a point, said point being the Southwest corner of Lot 7, Block 4, Hillcrest Resubdivision; THENCE East 19.11 feet along the South property line of Lot 7 to the POINT OF BEGINNING. SECTION 2, THAT the owners of said land including J.V. Burnett and wife Cordie A. Burnett, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,400.00, which is the amount appraised as the value and total damages for the fee simple title and acquisi- tion of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute con- demnation (eminent domain) proceedings to acquire the fee simple title to said land as herein - above described for public purposes and municipal purposes. Passed by the City Council this loth day of March, 1977. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Fred 0. Senter, Jr., City Attorney 77-36-92-237 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (35) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RF.g0T.TTTTAw WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Slide Road (being a public street) in said City creating a need for additional right-of-way by said City to accomplish such purposes and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: 11 0 I MAR 10 �g r r r BEGINNING at a point which is 93.00 feet West of the Southeast corner of Lot 6, Block 4, Hillcrest Resubdivision to the City of Lubbock, Lubbock County, Texas; THENCE North a distance of 106.25 feet to a point, said point being the beginning of 20.00 curve to the right whose radius point bears East 20.00 feet and having a delta angle of 90°; THENCE around said curve to the right an arc length distance of 31.42 feet to a point; said point being on the North property line of Lot 6, Block 4, Hillcrest Resubdivision; THENCE West, along the North property line of said Lot 6, a distance of 32.00 feet to a point said point being the Northwest corner of Lot 6, Block 4, Hillcrest Resubdivision; THENCE South, along the West property line of said Lot 6, a distance of 126.25 feet to a point, said point being the Southwest corner of Lot 6, Block 4, Hillcrest Resubdivision; THENCE East, along the South property line of Lot 6, a distance of 12.00 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including Lonnie F. Hollingsworth and wife, Nancy J. Hollingsworth, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $28,900.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and un- less accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and in- structed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 10th day of March, 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/ RoX Bass Roy Bass, Mayor 77-36-93-238 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (36) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed authorizing a Street Use License in favor of David Hester to cross underneath North Boston Avenue with a 6" plastic water pipe and a 1" plastic gas pipe. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License in favor of David Hester, 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 March, 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 STREET USE LICENSE This indenture made this 10th day of March, 1977 between the CITY OF LUBBOCK, TEXAS, a home Rule Municipal Corporation, and DAVID R. HESTER, hereinafter called "LICENSEE." WITNESSETH: 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 a portion of dedicated street to construct and maintain a six inch (6") heavy duty plastic water pipe encased in steel and buried to a depth of not less than 40 inches below the surface of the street across, and under North Boston Avenue, at the following location: Description of the centerline of 3.00 foot wide Street Use License to cross North Boston Avenue is as follows: BEGINNING at a point in the West Right -of -Way line of North Boston Avenue, said point being 515.67 feet North of the Southeast corner of Lot 56, La Colonia, an Addition to the City 9 R�p1977 of Lubbock, Lubbock County, Texas; THENCE East a distance of 50.00 feet to a point in the East Right -of -Way line of North Boston Avenue. Said pipe is to be used to furnish water to the O.A. Webb farm. Licensee shall place such improvements and restore paving, gutter, curbs, and sidewalks to their original condition (prior to installation) to the satisfaction of the City Engineer of the City of Lubbock, Texas. 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 1420 Texas Avenue, 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 condi- tion 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 improvements 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 NO/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 interferes with or cause the rerouting or realignment of any public utility, franchised utility, or sani- tary or storm sewer line constructed 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 rerouting 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 the construc- tion 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, demand, 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 permitted 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 main- tenance 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 contractor 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 reason- able opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property 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 and inure to the benefit of the successors, legal representative, assigns and the duly authorized agents and con- tractors of the parties hereto to the same extent and effect as the same are binding upon 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). 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 property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK ATTEST: BY /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer 9! 4 MAR 1 0.197 f r AGREED TO AND ACCEPTED THIS day of , 1977. LICENSEE: APPROVED AS TO FORM: /s/ David R. Hester /s/ Fred 0. Senter, Jr. Fred 0. Senter, City Attorney APPROVED: Isl Wilford D. Watson Wilford D. Watson, City Engineer 77-36-95-239 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (37) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7414 on first reading. ORDINANCE NO. 7414 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF ALLEY: A PORTION OF ALLEY IN KEYSTONE 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; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-95-240 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, (38) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize a correction in the amount of $9,361.29 to the 1976 tax rolls due to errors. 77-36-95-241 Motion was made by Councilman West, 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. RE q0T JTT T0N WHEREAS, The City of Lubbock wishes to participate in a South Plains Association of Govern- ments project designed to improve law enforcement by upgrading the operating efficiency of re- gional law enforcement agencies with the acquisition of new, improved highspeed video (CRT) Telecommunications Terminals to replace the existing Teletype units and add new subscribers on Texas' Law Enforcement Telecommunications Network (TLETN), and; WHEREAS, it is recognized that Criminal Justice Division funding is available to those units of government who agree to accept the lawfully promulgated rules and regulations for administra- tion of grants so funded, and; WHEREAS, The City of Lubbock is desirous of obtaining Criminal Justice Division funding to defray 85% of the purchase price and the first year maintenance cost of the new terminal equip- ment, and; WHEREAS, The City of Lubbock recognizes, that 15% of the purchase price and first year main- tenance cost will amount to about ($1,520), and that subsequent years maintenance cost will not be funded by the South Plains Association of Governments nor the Criminal Justice Division and that those maintenance costs must be borne entirely by the City of Lubbock, and that the subse- quent years maintenance cost is contractually guaranteed at ($105) per month, ($1,260) per year until January 1982; and; WHEREAS, An agency receiving equipment under the project will be required to provide a suit- able site for the equipment to include a sturdy table or desk for the equipment to be placed upon and an electrical circuit providing for THREE (3) 115 VAC electrical outlets, within 5 feet of the physical location of the terminal, three -prong, grounded, type capable of providing up to 5 amperes of current to each of the three outlets; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock consents to and authorizes the South Plains Association of Govern- ments to submit a grant application to the Criminal Justice Division and to execute a contract with International Communications Corporation (ICC) for the purchase and maintenance of ONE (or More) highspeed video (CRT) terminal devices, and; BE IT FURTHER RESOLVED, THAT the City of Lubbock agrees to pay the 15% cash commitment re- quired to participate in the project and that the City of Lubbock will cooperate will S.P.A.G. and International Communications Corporation to set up a billing and payment procedure that will allow for a smooth transition when the funded project expires after 12 months; and, agrees to continue the operation of funded equipment, using locally budgeted funds, for law enforcement or Criminal Justice purposes for the useful life of the equipment. Passed by the City Council this loth day of March, 1977. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Z 10 1977 77-36-96-242 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, (40) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RT?.g0T.TTTT0M BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a Change Order No. 1 to an Agreement with H.B. ZACHRY COMPANY covering improvements to Runway 17R-35L at the Lubbock Regional Airport, 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 March, 1977. ATTEST: Isl Roy Bass ROY BASS, MAYOR Isl Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney TO: H.B. ZACHRY COMPANY P.O. Box 21130 San Antonio, Texas CHANGE ORDER NO. 1 Runway 17R-35L Improvements Lubbock Regional Airport Lubbock, Texas ADAP PROJECT NO. 6-48-0138-08 General description of work included in original contract, dated November 3, 1976: The construction of approximately 148,000 square yards of rigid overlay pavement with level up course on existing runway, construction of taxiway connections, modifications to existing airport lighting system (runway end identifier light) on Runways 35L and 26, removal of existing paving, drainage structures, marking runways and taxiways and other related items of work. Original amount of contract......................$4,349,689.00 Change Order No. 1.............................. 2,262,100.00 Adjusted Contract Amount...................$6,611,789.00 Adjustment in Construction Time: Original Date of Completion ............... October 31, 1977 Change Order No. 1........................ Add 47 days Adjusted Date of Completion ............... December 17, 1977 WHEREAS, it is desirable to make changes in the work to be constructed under this project. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner and the Constractor agree to the changes indicated below and further agree that the amount of the contract shall be adjusted by the amount shown above. I. The work included in the project shall be changed to include work required to complete Division 1 and Division 2 combined, as set forth in ADDENDUM NO. 8 of the Contract Documents. 2. On page D--1 of the CONTRACT, the description of work commencing on the seventh line of the main paragraph on the page shall be deleted and the following inserted: "The construction of approximately 148,000 square yards of rigid overlay pavement with level up course on existing runway, construction of approximately 81,0 00 square yards of rigid pavement on the extension of Runway 17R and the parallel Taxiway M, construction of taxiway connections, modifications to existing aiiport lighting system, new high intensity lights on the extension of Runway 17R, new taxiway lights on the extension of Taxiway M, removal of existing paving, drainage structures, marking runways and taxiways, construction of blast pads for Runway 17R-35L, excavation work, seeding shoulders, and other related items of work as shown on the plans entitled "City of Lubbock, Texas, Lubbock Regional Airport, Runway 17R-35L Improvements", dated June, 1976, and on the plans entitled "City of Lubbock, Texas, Lubbock Regional Airport, Extension of Runway 17R and Taxiway M', dated June, 1976, and the specifications attached hereto." 3. The PROPOSAL, pages C-1 through C-13, of the Contract Documents shall be deleted, and the PROPOSAL, ADDENDUM NO. 8, pages C-1 through C-21 shall be inserted and used as the unit prices for work on this project. 4. Modifications to the plans and specifications as set forth in ADDENDUM NO. 8 for construc- tion of Division 1 and Division 2 combined shall be made a part of the Contract Documents. 5. The PERFORMANCE BOND, dated November 3, 1976, in the amount of $4,349,689.00, pages E-1 and E-2 of the Contract Documents shall be deleted and the executed revised copy of the Performance Bond in the amount of $6,611,789.00, attached hereto shall be inserted. Lii L� L [I] 6. The PAYMENT BOND, dated November 3, 1976, in the amount of $4,349,689.00, pages F-1 and F-2 of the Contract Documents shall be deleted and the executed revised copy of the Performance Bond in the amount of $6,611,789.00, attached hereto, shall be inserted. MAR 10 is 77-36-97-243 (41) 7. Work included in Division 1 and Division 2 combined of Runway 17R-35L Improvements will be constructed under the following FAA grants: 1. ADAP Project No. 8-48-0138-06 2. ADAP Project No. 6-48-0138-08 3. ADAP Project No. 6-48-0138-09 4. ADAP Project No. 6-48-0138-10 5. ADAP Project No. 6-48-0138--11 The aforementioned changes, and work affected thereby, are subject to all contract stipula- tions and covenants. The Owner and Contractor agree that the work required to accomplish Division 1 and Division 2 combined shall be paid for at the unit prices set forth in PROPOSAL, ADDENDUM NO. 8, pages C-1 through C-21 of Addendum No. 8. The quantities for payment shall be determined as specified in Contract Documents. The Owner and the Contractor agree that the time allowed for completion of the project shall be extended 47 days from October 31, 1977 to December 17, 1977, as specified in Addendum No. 8. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 10th day of March, 1977. RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers BY , , 1977 APPROVED: H. B. ZACHRY COMPANY, Contractor BY 1977 APPROVED: CITY OF LUBBOCK, TEXAS, Owner B /s/ Roy bass,_ -,..Mayor, March 10 1977 ATTEST: /s/ Treva Phillips, City Secretary Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize final payment to Mike Klein General Contractors, Inc., for remodeling G.A.D.O. space in the old termina building at Lubbock Regional Airport. ESTIMATE iVO. Mike Klein General Contractor 2345 50th Street, Suite 111 Lubbock, Texas 79412 i PROJECT Old Terminal Airport COMTIRACTOR Mike Klein General Contractors, Inc. OWNER City of Lubbock, Texas Contract Price Previous Vst.iwate This Estimate Total Estimate Balance 1. Bond 730.00 730.00 -- 730.00 --- 2. Insurance 207.00 207.00 -- 207.00 --- 3. Administration 7,140.00 7,140.00 ---- 7,140.00 -- 4. Demolition 5,374.00 5,374.00 -- 5,374.00 --- 5. Concrete 370.00 370.00 --- 370.00 --- 6. Masonry 2.075.00 2_075_00 _ _ 2.075_00 -- 7. Met S. Ca 9. M ;. 10. D 11. F 12. 13. 14. 15 �� MAR 10 1977 77-36-98-244 (42) Motion was made by Councilman West seconded by Councilman McAlister, motion carried Mayor Bass Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay 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 Agreement covering private sewage facilities inspec- tion in areas outside the City Limits with LUBBOCK COUNTY, 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 March, 1977. ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Sente,r Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR SEWAGE FACILITIES INSPECTION AGREEMENT THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THIS Agreement entered into between the Commissioners' Court of Lubbock County, Texas, acting by and through its duly authorized County Judge, hereinafter called "COUNTY" and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called "CITY". WITNESSETH: WHEREAS, the County Commissioners' Court of Lubbock County, Texas has by Resolution 75-R-5, passed August 11, 1975, determined that a need exists to regulate private sewage facilities in the areas of Lubbock County outside the limits of the City of Lubboc*k; and WHEREAS, the County has requested the City to assume the duties o� the licensing authority as set forth in Resolution 75-R-5, a copy of which is attached hereto and made a part hereof; and WHEREAS, the City of Lubbock agrees to furnish the services of City Health Department sani- tarians for such purposes upon the terms and conditions stated below: 1. The City agrees that inspectors from the City Health Department shall be furnished for the purpose of making sewage insepctions and related services in the County of Lubbock outside the limits of the City of Lubbock. 2. The City, in providing this service shall pay all necessary expenses of such Health Department employees involved in the performance of this contract which shall include their salar- ies, necessary administration expense, fringe benefits for such employees, automobiles, and the maintenance and operations of such vehicles. 3. The City shall retain any fees generated by the service stated herein with the extent being that such fees shall in part cover the operational expense of the inspecotr's vehicles. 4. The County hereby agrees and obligates itself to pay to the City of Lubbock the sum of SIXTEEN THOUSAND DOLLARS ($16,000.00) annually, which shall be payable ONE THOUSAND THREE HUNDRED THIRTY-THREE AND 33/100 DOLLARS ($1,333.33) monthly. This monthly fee shall be paid by the County to the City on the fifteenth day of each month. 5. The term of this Agreement shall be for a period of three (3) years commencing on January 1, 1977 and extending through December 31, 1979. 6. This Agreement may be amended or terminated upon the agreement of both parties hereto acting through a resolution of the respective governing bodies. EXECUTED THIS the 4th day of March, 1977. COMMISSIONERS' COURT OF LUBBOCK COUNTY, TEXAS BY:/s/ Rodrick L. Shaw ATTEST: /s/ Dorothy Bartlett, Deputy APPROVED AS TO FORM: /s/ Alton R. Griffin, Criminal District Attorney --= R MAR 10 19 r F11 [I] [i r EXECUTED THIS the 14th day of March, 1977. CITY OF LUBBOCK BY: /s/ Roy Bass, Mayor ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Is/ Fred 0. Senter, Jr., City Attorney At 10:45 A.M. Mayor Bass left the Council Chamber and Mayor Pro Tem West assumed the Chair. 77-36-99-245 The City Council considered a contract for bus benches. Larry Cunningham, City Manager, stated (43) the following proposals had been made by Raymond Adams as set out in a letter dated March 2, 1977: 1. His company would only maintain in good repair 100 benches at locations designated by the City on the bus routes, at a cost of $320.00 per month. The actual cost of printing the promotional or informational messages on the advertising panels would not be included in the $320.00 per month and would be handled separately by either Adams Advertising Compa or by the City. He estimates that the promotional or informational messages would be approximately $12.00 each. 2. Mr. Adams also proposes the above methods of owning and maintaining the benches with the exception that he would provide 60 benches, rather than 100, at $260.00 per month. 3. He has indicated that he would sell outright all of the benches in their present condi- tion and locations, for $5,000.00 Mr. Cunningham stated it was the Staff's recommendation that Proposal No. 3 be accepted, and that purchase of the benches be "phased in", allowing Mr. Adams to honor his contracts through December 1977, but not renew any of them. After discussion of proposals as set out, motion was made by Councilman Henry that the City follow the recommendations of the Staff and accept Proposal No. 3, to buy the benches for $5,000, to be paid out of Community Development Funds. This motion died for lack of a second. Further consideration was given to this item. Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, Mayor Pro Tem West voting Nay that the City follow the recommendations of the Staff and accept Proposal No. 3, to buy the benches for $5,000 to be paid for out of Community Development Funds, purchase being "phased in" so that Mr. Adams will be able to honor his contracts through December 31, 1977, with the understanding that 60% of the bus benches will be placed on bus routes, and 40% be set aside for use of the Parks Department; that if any benches are destroyed on the bus routes, they will be replaced by those in the Parks Department; and, authorize publication of Notice of Public Hearing to allow these benches to be purchased with Community Development Funds, said Hearing to be held March 24 at 11:00 A.M. 77-36-99-246 The following bids were received for the purchase of master padlocks for Electric Distribution, (44) being Bid No. 4365. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay to accept the bid of Westway Supply Co. for the purchase of master padlocks for Electric Distribution. 77-36-99-247 The following bids were received for the purchase of switch gear for Electric Distribution, being (45) Bid No. 4339. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay to accept the bid of Bart J. Hummer, Dallas, for the purchase of switch gear for Electric Distribution. 77-36-99-248 The following bids were received for the purchase of juniper trees for the Parks Department, being (46) Bid No. 4363. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay to accept the bid of Tom's Tree Place for the purchase of juniper trees for the Parks Department. aR 10 1977 77-36-100-249 The following bids were received for the purchase of traffic sign blanks and posts for Warehouse (47) Stock, being Bid No. 4358. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay to accept the bid of FSC Sales, Arlington, for the pur- chase of Item 1; accept the bid of Vernon Sales, Grand Prairie, for the purchase of Item 2. 77-36-100-250 The following bids were received for the purchase of lighting materials for Warehouse Stock, (48) being Bid No. 4347. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan,seconded by Councilman McAlister, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay to accept the bid of General Electric Supply Co. for the purchase of Items 1, 6-8, 10-28, and 30-32; accept the bid of Nunn Electric Supply Corp, for the purchase of Items 2, 9 and 29. At this point, Mayor Bass resumed the Chair. 77-36-100-251 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (.49) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Sammy Ribble from alternate to regular membership to the Zoning Board of Adjustment to replace Harold Chatman who resigned, and appoint Jim Mertes to replace Sammy Ribble as an alternate. Both of these terms expire February 26, 1979. 77-36-100-252 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (50) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint K. 0. Godsey to the Board of Electrical Examiners to replace Doug Sanford who resigned. This term ex- pires January 1, 1980. 77-36-100-253 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (51) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint Roy Bass, Tom Foster and Rodrick Shaw to the Public Sector of the Community Services Commission. These terms are for two years and will expire March 31, 1979. 77-36-100-254 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (52) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint Dr. Dan Wells and Mrs. Ethel M. McLeod and appoint Mario Perez to the Park and Recreation Board. These terms are for three years and will expire March 31, 1980. 77-36-100-255 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (53) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Mrs. Esther Sepeda to the Planning and Zoning Commission to replace Hector Deleon. This term expires November 16, 1979. 77-36-100-256 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (54) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Homero J. Rodriguez to the Human Relations Commission to replace Joe Trujillo who resigned. This term ex- pires May 25, 1977. 77-36-100-257 Dr. Mike Bobo appeared before the City Council and discussed an Alcohol Detoxification Center. (7) He stated all work is on a voluntary basis and that he feels such a center is desperately needed. He said that such centers have been successful in cities such as Big Spring, Odessa and Fort Worth. After consideration of all information presented, it was the consensus of the Council that they would work with the people at the Detoxification Center and try to find state and federal funding for the program, through grants that may be available. 77-36-100-258 Tom Grimshaw, City Health Department Administrator, appeared before the City Council and read the (8) recommendations of the City Health Board concerning amendments to Chapter 34 of the Code of Ordi- nances pertaining to the construction and maintenance of individual sewage disposal systems. 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 to pass Ordinance No. 7415 on first reading. ORDINANCE NO. 7415 AN ORDINANCE AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SUBSECTION OF SECTION 34-95.1 THEREOF REGULATING THE CONSTRUCTION AND/OR MAINTENANCE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS; PROVIDING FOR A PERMIT AND A PERMIT FEE; PROVIDING A SAV- INGS CLAUSE AND PROVIDING FOR PUBLICATION. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting, March 10, 1977. ATTEST: ROY B SS, MAYOR Treva Phillips, Cit Secretary -Treasurer READ AND APPROVED THIS THE 24th day of March, ATTEST: ROY BASS, MAYOR Treva Phillips, City S-Eretary-Treasurer