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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/14/1977�. Aw APR 14 1977 REGULAR CITY COUNCIL MEETING APRIL 14, 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 Treva Phillips. Absent: None 77-36-125-306 The invocation was given by Councilman Alan Henry. (1) 77-36-125-307 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 77-36-125-308 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 March 24, 1977. 77-36-125-309 Ken Hobbs appeared before the City Council requesting support for the Rape Crisis Center from (9) the City of Lubbock. He asked the City Council to consider giving $3,720, which would include $2,400 for 12 months rent, $720 for 12 months utilities, and $600 for 12 months telephone, and permit the Rape Crisis Center to continue receiving in -kind services, such as use of the Xerox machine, mail delivery at City Hall and parking spaces for the staff. Mayor Bass stated the Legal Department had expressed some concern about making cash contributions. The possibility of "in -kind" contributions was discussed, including office space. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to investigate "in -kind" service, and if no such service is available, consider cash con- tribution at the next City Council meeting. 77-36-125-310 Bill Cox appeared before the City Council and presented a drawing of proposed parking area for (10) St. Luke's Methodist Church and requested a Street Use License for 4' of right-of-way for a distance of 283' on 45th Street and for 6' of right-of-way for a distance of 525' on 44th Street. Jim Bertram, Director of Planning, discussed placing of shrubbery and landscaping, stating that the ZBA felt this case was an unique hardship situation. Councilman Henry expressed concern that the Council might be setting a precedent if this request were granted, putting the Planning and Zoning Commission in an awkard position. 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 grant this request for a Street Use License and that the following resolution be passed. The Council also asked Mr. Cox to visit informally with the Planning and Zoning Commission people and apprise them of the situation. RR..R(WITTTON 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 St. Luke's Methodist, Church of Lubbock, Texas, a non-profit religious corporation, also sometimes known as St. Luke's United Methodist Church of Lubbock, Texas, being one and the same religious organization, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall consitutue and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of April, 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 14th day of April, 1977, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and ST. LUKE'S METHODIST CHURCH OF LUBBOCK, TEXAS, a Texas non-profit religious corporation, also sometimes known as ST. LUKE'S UNITED METHODIST CHURCH OF LUBBOCK, TEXAS, being one and the same religious organization, acting by and through its under- signed Chairman of its Board of Trustees, hereunto duly authorized to act on its behalf, having its principal corporate offices in the City of Lubbock, Lubbock County, Texas, 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 spaces for church parking lot expansion in accordance with zoning, subdivision, and traffic regulations of the City of Lubbock, according to plans as approved by 191-36 APR 4 1977 the Director of Planning, Director of Public Works, and City Engineer of the City of Lubbock, in and upon the following described portion of dedicated public street, to -wit: Tract NO. 1 A portion of 44th Street located in Section 16, Block B, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the South right-of-way line of said 44th Street, said point bear- ing West a distance of 15.00 feet from the point of tangent intersection of a curve at the Northeast corner of Lot 9, Murryhill Addition to the City of Lubbock, Lubbock County, Texas; THENCE West, along said right-of-way line, a distance of 575.00 feet; THENCE North a distance of 6.00 feet; THENCE East a distance of 575.00 feet; THENCE South a distance of 6.00 feet to the PLACE OF BEGINNING, Containing 3,450.00 square feet. Tract No. 2. A portion of 45th Street located in Section 16, Block B, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the North right-of-way line of said 45th Street, said point bearing West a distance of 163.00 feet from the point of tangent intersection of a curve at the Southeast corner of Lot 9, Murryhill Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 4.00 feet; THENCE West a distance of 283.50 feet; THENCE North a distance of 4.00 feet; THENCE East, along said right-of-way line, a distance of 283.50 feet to the PLACE OF BEGINNING, containing 1,134.00 square feet. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years with- out 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, addres- sed to LICENSEE at 3717 44th Street, Lubbock, Texas. 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 con- dition 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 $1,833.60 payable in a lump sum advance when this agreement is executed for said twenty years at the rate of $91.68 per year. In case of termination or cancellation of this agreement said advance shall be refundable in whole or in part only at option of City of Lubbock. 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 causes the rerouting or re -alignment of any public utility, franchised utility, or sanitary 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, re- pair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE 127 APR 14 1977 prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and 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 representatives, assigns and the duly authorized agents and contractors 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 success 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. 5. 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 termina- tion or cancellation of this license. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED THIS DAY OF APPROVED: /s/ Fred 0. Sen_ter, Jr_.' Fred 0. Senter,-Jr., City Attorney APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer CITY OF LUBBOCK /s/ Roy Bass ^ ROY BASS, MAYOR 1977. LICENSEE: ST. LUKE'S METHODIST CHURCH OF LUBBOCK, TEXAS /s/ Lowel Caddel CHAIRMAN OF ITS BOARD OF TRUSTEES 77-36-127-311 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council with (11a) a request of the Boy Scouts to use Maxey Park for a camporee. After consideration of all infor- mation presented, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to grant this request. 77-36-127-312 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council re- (11b) commending the passage of a resolution to the Texas Parks and Wildlife Commission encouraging the designation of proposed Lake Eight of the Canyon Lakes Project as a state park. After consideration of all information presented, motion was made by Councilman Henry, 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 and authorized the Mayor to write letters to the Mayors of other cities in this area urging them to support this resolution. T PNOT.ITTTON WHEREAS, the Texas Outdoor Recreation Plan (TORP) justifies and recommends 2,704 acres of land in Planning Region I as a minimum acreage for 1980 State Park Recreational Acreage Needs; and WHEREAS this minimum recommendation is placed as priority 5 for Facility -Based State Park Recreational Land Needs out of a total of 8 priorities; and WHEREAS a state park in Planning Region I would directly benefit neighboring Regions II and IV and more indirectly Region III; and WHEREAS Lubbock County contains the greatest concentration of population on the High Plains f and should be one of the areas considered; and l WHEREAS the Lubbock area's major topographical feature is the Yellowhouse Canyon; and WHEREAS an Engineering feasibility study for the City of Lubbock's Canyon Lakes Project proposes an 8800 acre recreational site southeast of Lubbock, Texas, which includes a 1600 sur- face acre lake and identified as Lake No. 8 on the Canyon Lakes Project plat attached hereto; and WHEREAS the City of Lubbock is actively engaged in completion of the construction of Phase I (in town lakes) of the Canyon Lakes Project which should add to and complement a large State Park and Lake 8 in this Lake system; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council and the Parks and Recreation Board of the City of Lubbock endorses the Lake site described above as the site of the new State Park; and R._IL11W APR 14 1977 Urges that all other cities in Lubbock County become a party to this endorsement and join this Resolution and Urges the State Parks and Wildlife Commission to consider a higher priority for Planning Region 1; and Consider the above referenced property as such property that would meet the Texas Outdoor Recreation Plan as endorsed by the Commission. Passed by the City Council this 14th day of April, 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 ' 77-36-128-313 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council with (11c) a proposal for an updated parks and recreation master plan. The Parks and Recreation Department recently asked Dr. James Kitchen of the Tech Department of Park Administration and Landscape Architecture to submit a proposal for preparation of an updated master plan. The Parks and Recreation Board reviewed this proposal during its last meeting and voted to recommend that the City of Lubbock enter into a contract with the Department of Park Administration and Landscape Architecture for this work. The master plan work could be done for $9,479. The Parks and Recreation Board recommended 1977-78 Community Development Funds as a possible funding source. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jodan, Henry and McAlister voting Yea, none voting Nay to approve this proposal with the money to come from Community Development contingency funds. I 77-36-128-314 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council (lld) regarding amending the designated area for motorcycles in Yellowhouse Canyon Park. Bob Nash also appeared with a map of the proposed area. Lubbock County crews are currently paving the new road in Yellowhouse Canyon Park in accordance with plans approved recently by the City Council. This new road extends from the archaeological area eastward toward the Texas Instruments property, and south to Loop 289 access road. The Parks and Recreation Board recommends that motorcycles and other off -road vehicles no longer be allowed to use the area south of the new park road. After consideration of all information presented, motion was made by Councilman McAlister, second- ed by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Parks and Recreation Board. 77-36-128-315 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council (Ile) requesting addition of an equestrian area in the master plan for the Yellowhouse Canyon Lakes. At the last meeting of the Parks and Recreation Board, a representative of a local horse riding club appeared to request an area in the Yellowhouse Canyon Lakes in which to hold certain riding and jumping course events. The area requested lies south of Parkway Drive between Quirt Avenue and the fairgrounds. It was proposed that the various obstacles on the course would be built and set out by the interested groups. Most of these obstacles would be moveable and thus would be set out only for the various events, and moved when not in use. The Park and Recreation Board recommends that this equestrian area be designated subject to the following considerations: 1. Any and all construction on the course must be approved by the Park and Recreation Department Staff. 2. The area could be used only for scheduled events. 3. Any organization wishing to use the area for scheduled events must furnish evidence of accident and liability insurance. After consideration of all information presented, motion was made by Councilwoman Jordan, second- ed by Councilman Henry, motion carried, Mayor Bass, Coundilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to follow the recommendations of the Parks and Recreation Board. At this point, Mayor Bass announced that an Executive Session would be held immediately follow- ing the lunch break. This is in accordance with Section 2F, Article 6252-17 V.A.T.S. 77-36-128-316 Henry Huneke, Chairman of the Parks and Recreation Board, appeared before the City Council with (llf) a report on the opening of the Tennis Center. It was the consensus of the City Council to dis- cuss this in Work Session. 77-36-128-317 James L. Morely of Henningson, Durham and Richardson, appeared before the City Council and (12) discussed the Lubbock Transit Study, HDR No. R 16380102. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to ask Ernie Prenevost, along with Transit Advisory Committee, to come up with a way of getting back into the projected budget, to see where cuts can be made. 77-36-128-318 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7424 on second and final reading. ORDINANCE NO. 7424 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; WIDENING OF SLIDE ROAD. 129 APR 14 1977 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT BOND FUND GWO 10940 The sum $35,765.50 For the following purpose: Acquisition of Right -of -Way on East side of Slide Road. Land only ----------------------------- $31,950.00 Title Policies------------------------- 458.00 Appraisals------------- 3,350.00 Filing Fees------------------------------- 7.50 Total ----------- ----------$35*765.50 77-36-129-319 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, (14) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7417 on second and final reading. ORDINANCE NO. 7417 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2115; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO R-1 ZONING DISTRICT, AND LOTS 588 THROUGH 593, BICENTENNIAL ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-129-320 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Council- (15) men West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7418 on second reading with the condition that the landscape requirement be changed to 2%. Mayor Bass abstained from voting on this item. Councilman Henry commented that it is his opinion that it would be a good idea for the Planning and Zoning Commission to talk with people from nursery and landscaping businesses and get names of plant material, make the list available to the people where landscaping is required. ORDINANCE NO. 7418 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2116; CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-129-321 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (16) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7420 on second and final reading. ORDINANCE NO. 7420 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2117; CHANGE LOT 1, BLOCK 115, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-129-322 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (17) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance Ordinance No. 7421 on second and final reading. ORDINANCE NO. 7421 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1794-D; CHANGE TRACT L; RAINTREE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-2 SPECIFIC USE PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-129-323 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7423 on second and final reading. ORDINANCE NO. 7423 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2119; CHANGE A TRACT OF LAND OUT OF SECTION 27, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2A ZONING DISTRICT; PROVID- ING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-129--324 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7367 on second and final reading. ORDINANCE NO. 7367 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND ALLEY: A PORTION OF TULANE STREET BETWEEN BLOCKS 1 AND 2, BURLESON AND OSBORN'S STANTON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND ALL OF THE ALLEY IN BLOCK 2 OF SAID ADDITION AS MORE PARTI- CULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFI- CIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY AND STREET: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 1.3 APR 14 1977 77-36-130 325 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. R1 gnT.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 Quit Claim Deed in favor of A-1, Inc., a Texas Cor- poration, 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 14th day of April, 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 KNOW ALL MEN BY THESE PRESENTS: QUITCLAIM DEED THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by A-1, Inc., a Texas Corporation, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: Portion of Tulane Street Closure THAT portion of Tulane Street which lies between and abuts Blocks 1 and 2, Burleson and Osborn's Stanton Addition to the City of Lubbock, Lubbock County, Texas. Alley_ Closure ALL of the alley in Block 2, Burleson and Osborn's Stanton Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and as- signs forever, so that neither the Grantor, City of Lubbock, Its successors, or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 14th day of April, 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 77-36-130-326 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 Ordi- nance No. 7416 on second and final reading. ORDINANCE NO. 7416 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2016-A; CHANGE LOTS 6 THROUGH 15, BLOCK 2, HANKINS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-3 TO A-1 ZONING DISTRICT: CHANGE LOTS 14 THROUGH 22, BLOCK 25, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-1 ZONING DISTRICT; CHANGE LOTS 3 THROUGH 12, BLOCK 81, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 TO R--2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-130-327 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7419 on second and final reading, but modified to allow the opening west of Quirt. 131 APR 14 1977 ORDINANCE NO. 7419 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7081 OF THE CITY OF LUBBOCK; ZONE CASE NO. 1998-A, ALLOWING A FENCE OPENING TO PERMIT OAK STREET TO EXTEND TO LOOP 289 AMENDING CONDITION NO. 6 MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-131-328 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (23) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7422 on second and final reading. ORDINANCE NO. 7422 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1875-A; CHANGE LOT 7, COMMANDER'S ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-1 SPECI- FIC USE PERMIT; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-131-329 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (24) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RTNOTETTON RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREET AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Sewell Addition, Tract "A":, 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 subdivision plat of Sewell Addition, Tract "A" including the following streets: East 1/2 of Iola Avenue from its intersection with a line 7.00 feet North of north property line of Alley North of 19th Street to its intersection with a line 20.00 feet North of north property line of 19th Street known and designated as New Subdivision Sub -Unit Number 13 of Unit Number 2020. North part of 19th Street from Iola Avenue to its intersection with Loop 289 Access Road known and designated as New Subdivision Sub -Unit Number 17 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 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 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 14TH DAY OF APRIL, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer QUANTITIES Unit & Sub -Unit /s/ Roy Bass ROY BASS, MAYOR APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE Sewell Addition - Tract "A" Accepted April 14, 1977 2020-13 E. 1/2 of Iola Avenue from 7' N. of NPL of Alley N. of 19th Street to 20' N. of NPL of 19th Street. S.Y. 2"A.C. S.Y. S.Y. Paving Paving L.F. Alley 10" Base 6" Base C&G Return 1,206.64 544.54 19.09 L.F. L.F. C&G Alley Removal Grading & Paving Repair 2020-17 N part of 19th Street from Iola Avenue East to Loop 289 Access Road. 535.65 437.68 20.20 900.00 35.00 TOTAL 535.65 1,206.64 982.22 44.29 900.00 35.00 132 APR 14 1977 1,206.64 S.Y. Paving 6" Base @ $ 2.90 $3,499.26 535.65 S.Y. Paving 10" Base @ $ 3.85 $2.062.25 982.22 L.F. Curb & Gutter @ $ 2.95 $2,897.55 44.29 S.Y. Alley Return @ $10.90 $ 482.76 900.00 L.F. Alley Grading @ $ 0.40 $ 360.00 35.00 L.F. C & G Removal & Pavement Repair @ $ 4.00 $ 140.00 CONTRACT COST $9,441.82 COST DISTRIBUTION Unit & Contract Developer Sub -Unit Cost Cost NS 2020-13 $5,313.73 $5,313.73 NS 2020-17 $4,128.09 $4,128.09 TOTAL $9,441,82 $9,441,82 77-36-132-330 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (25) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RF fifIT.TTT T 0V 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 Ridgewood Addition, Lots 1-90, 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 subdivision plat of Ridge- wood Addition, Lots 1-90 including the following streets: 27th Street from its intersection with the east raw edge of Milwaukee Avenue to its inter- section with the west lip line of Kewanee Avenue known and designated as New Subdivision Sub -Unit Number 57 of Unit Number 2019. 28th Street from its intersection with the east property line of Milwaukee Avenue to its intersection with the west lip line of Kewanee Avenue known and designated as New Subdivi- sion Sub -Unit Number 60 of Unit Number 2019. East half of Milwaukee Avenue from its intersection with a line 7.00 feet north of the north property line of the Alley north of 27th Street to its intersection with a line 7.00 feet south of south property line of Alley south of 28th Street known and designated as New Subdivision Sub -Unit Number 63 of Unit Number 2019 (Concrete only) La Salle Avenue from its intersection with the south lip line of 27th Street to its inter- section with the north lip line of 28th Street known and designated as New Subdivision Sub -Unit Number 66 of Unit Number 2019. West half of Kewannee Avenue from its intersection with a line 3.00 feet south of the north property line of Alley north of 27th Street to its intersection with a line 7.00 feet south of the south property line of Alley south of 28th Street known and designated as New Subdivision Sub -Unit Number 70 of Unit Number 2019. (Concrete only) 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 specifica- tions and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. That the improvements on said portions of the abovementioned streets 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 14TH DAY OF APRIL, 1977. ATTEST: /s/ Treva Philli s Treva Phillips, City Secretary APPROVED /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 133 APR 14 1977 CONSOLIDATED FINAL ESTIMATE Ridgewood Addition Lots 1-90 Accepted April 14, 1977 QUANTITIES S.Y. S.Y. Unit & Paving L.F. Alley Sub -Unit Location 6" Base C & G Return NS 2019-57 27th Street from E. Raw Edge of Milwaukee Avenue to W.L.L. of Kewanee Avenue 5,224.10 2,496.82 NS 2019-60 28th Street from E.P.L. of Milwaukee Avenue to W.L.L. of Kewanee Avenue 4,589.13 2,417.54 20.67 NS 2019-63 E. 1/2 of Milwaukee Avenue from 7' N. of N.P.L. of alley N. of 27th Street to 7' S. of S.P.L. of Alley S. of 28th Street. (Concrete only) 535.29 67.27 NS 2019-66 La Salle from S.L.L. of 27th Street to N.L.L. of 28th Street 884.09 561.22 40.40 NS 2019-70 W. 1/2 of Kewanee from 3' S. of N.P.L. of Alley N. of 27th Street to 7' S. of S.P.L. of Alley S. of 28th Street 446.67 67.27 (Concrete only) TOTALS 10,697.32 6,457.54 195.61 COST ESTIMATE 10,697.32 S.Y. Paving 6" Base @ $ 2.68 $28,668.82 6,457.54 L.F. Curb & Gutter @ $ 2.60 $16,789.60 195.61 S.Y. Alley Return @ $10.90 $ 2,132.15 210.17 S.Y. Valley Gutter @ $10.40 $ 2,185.77 CONTRACT COST $49,776.34 COST DISTRIBUTION Unit & Sub -Unit NS 2019-57 NS 2019-60 NS 2019-63 NS 2019-66 NS 2019-70 TOTAL Contract Cost $21,038.74 $19,356.19 $ 2,125.00 $ 5,361.83 $ 1,894.58 $49,776.34 Developer Cost $21,038.74 $19,356.19 $ 2,125.00 $ 5,361.83 $ 1,894.58 $49,776.34 S.Y. Valley Gutter 52.54 52.54 105.09 210.17 77-36-133-331 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (26) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, THE City of Lubbock passed a resolution on 16th December, 1976 authorizing the construction of street improvements by Lubbock Asphalt Products, Inc. on a portion of the following street: East 38th Street from 139.00 feet west of west property line of Quirt Avenue to 169.00 feet west of east property line of Lot 2, Block 8, Nelson Brown Addition designated as Sub Unit 33 of Unit Number 2233. AND WHEREAS, the improvements upon the said portion of the abovementioned street have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS I. That the improvements on said portion of the abovementioned 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 share and release escrow money. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 14TH DAY OF APRIL, 1977. ATTEST: /s/ RoX Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary c 1.34 APR 197T APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer QUANTITIES APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE Nelson Brown Addition Accepted 14th April, 1977 S.Y. Unit & Paving L.F. Sub -Unit 6" Base C & G 2233-33 E. 38th Street from 139' W. of WPL of Quirt Avenue to 169' W. of EPL of Lot 2, Block 8, Nelson Brown Addition. 1,183.64 653.70 COST ESTIMATE 1,183.64 S.Y. Paving 6" Base @ $3.50 $4,142.74 653.70 L.F. Curb & Gutter @ $3.75 $2,451.38 CONTRACT COST $6,594.12 COST DISTRIBUTION Unit & Contract Property Sub -unit Cost Owner Cost 2233-33 $6,594.12 $6,594.12 77-36-134-332 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (27) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 1 thru 217, Farrar Mesa Addition. WHEREAS, the developer of Lots 1 thru 217, Farrar Mesa Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $143,114.21 with the improvements constructed by Panhandle Construction Company having a value of $132,380.51 as determined by the unit prices established by said Chapter 34, and $9,733.70 cash paid to the City, with Ridge - crest Building Company, the developer, to receive a refund of $17,251.95 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $17,251.95 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14th DAY OF April, 1977. ATTESTED: /s/ Roy Bass _ /s/ Treva PhillipsROY BASS, MAYOR _ Treva Phillips, City Secretary Approved: Approved: /s/ Wilford D. Watson /s/ Fred 0. Senter, Jr. Wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney 77-36-134-333 The City Council considered authorizing a supplement to CDWP 7520, Feasibility Study-Justice- (28) burg Reservoir. After consideration of all information presented, motion was made by Council- woman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize a supplement to CDWO 7520, Feasibility Study-Justiceburg Reservoir, in the amount of $8,854.39 to come from 1st Year Community Development contingency funds and any amount over that to come from water bonds. 135. APR 14 1977 77-36-135-334 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7426 on first reading. ORDINANCE NO. 7426 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF EAST -WEST ALLEY BETWEEN 31ST AND 32ND STREET AND EAST OF TOLEDO AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN POR- TION OF ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-135-335 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute I for and on behalf of the City of Lubbock a Quit Claim Deed in favor of abutting owners of record as their interest may appear to a certain portion of Texas Avenue that was closed by Ordinance No. 2680 as more particularly described in said Quitclaim Deed, 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 on the 14th day of April, 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 QUITCLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by abutting owners as their interest may appear to a certain portion of Texas Avenue as more particularly hereinafter described, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the �I County of Lubbock, State of Texas, described as follows, to -wit: The West one-half of Tract No. 4, Texas Avenue, closed by Ordinance No. 2680 on June 11, 1959. Tract No. 4 being that portion of Texas Avenue lying between the North line of 54th Street and the South line of the alley located between and parallel to 53rd and 54th Streets, more particularly described as follows: BEGINNING at a point which is 25.00 feet West and 477.5 feet South of the Northwest corner of Block 8, C.N. Hodges Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 132.5 feet; THENCE West 25.00 feet to the Southeast corner of Lot 20, Block 7, C.N. Hodges Addition; i;• ? THENCE North, along the East line of said Lot 20, a distance of 132.5 feet to the North- east corner of said Lot 20, Block 7, C.N. Hodges Addition; THENCE East a distance of 25.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, its successors, or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 14th day of April, 1977. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer I APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney I ApR 14 1977 77-36-136-336 The City Council considered counter offer of owner for property at 34th Street and Slide Road. (31) This is for the widening of Slide Road. The owner's offer was to sell this property to the City for a consideration of $50,000. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reject the owner's offer and to make a compromise offer of $31,000. 77-36-136-337 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (32) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7427 on first reading abandoning and closing part of Avenue G between Main Street and Broadway, and the utility easement east of Avenue G between Main Street and Broadway contingent on the County dedicating 90 feet of right-of-way on Avenue H to assure that the City's traffic plan can continue at the appropriate time. ORDINANCE NO. 7427 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND UTILITY EASE- MENT: A PORTION OF AVENUE G LYING BETWEEN MAIN STREET AND BROADWAY AND PUBLIC UTILITY EASEMENT LYING BETWEEN LOTS 5 AND 6, BLOCK 120, ORIGINAL TOWN 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 PORTION OF STREET AND PUBLIC UTILITY EASEMENT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-136-338 The City Council considered a bond election in relation to a 5 year capital improvements pro- (34) gram. After discussion of the capital improvements program, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the City Manager and City Attorney be instructed to work with the Bond Attorneys and First Southwest Company to draft an ordinance calling a bond election, possibly for May 21, 1977, to be presented at the next Council meeting, for the authorization of $26,434,000 general obligation bonds as follows: Water Improvements $16,775,000 Sewer Improvements 3,303,000 Storm Sewer Improvements 473,000 Street Improvements 4,781,000 Fire Stations (within existing City Limits) 792,000 Fire Stations (new annexation areas) 310,000 (See summary of Capital Improvements Program on file in the Office of the City Secretary.) 77-36-136-339 The City Council considered the claim of Gary R. Burton in the amount of $133.94 for electri- (35) cal damage from windstorm. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 77-36-136-340 The City Council considered the claim of Arnold Strain in the amount of $81.07 for frozen water (35a) pipes. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to deny this claim. 77-36-136-341 The following bids were received for the purchase of a paint striping machine for the Traffic (36) Department, being Bid No. 4374. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Kelly -Creswell Co., Inc., Xenia, Ohio, for the purchase of a paint striping machine for Traffic Engineering. 77-36-136-342 The following bids were received for the purchase of an industrial sweeper for the Aviation (37) Department, being Bid No. 4380. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Commercial Body Corporation, Irving, for the purchase of an industrial sweeper for the Aviation Department. 77-36-136-343 The following bids were received for paving in Guillot Gardens Addition for the Engineering (38) Department, being Bid No. 4393. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Commercial Concrete Construction Co. for paving in Guillot Gardens Addition for the Engineering Department. 137 APR 14 197 77-36--137-344 The following bids were received for the purchase of pump bowles and column shaft for the (39) Engineering Department, being Bid No. 4421. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Worthington Pump Corporation for the purchase of pump Bowles and column shaft for the Engineering Department. 77-36-137-345 The following bids were received for the construction of a water distribution main in 66th (40) Street and Indiana Avenue for the Engineering Department, being Bid No. 4398. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Panhandle Construction Company for the con- struction of a water distribution main in 66th Street and Indiana Avenue for the Engineering Department. 77-36-137-346 The following bids were received for the purchase of plants for the Parks and Recreation De- (41) partment, being Bid No. 4387. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Tom's Tree Place for the purchase of plants for the Parks and Recreation Department. 77-36-137-347 The following bids were received for the purchase of sprinkler equipment for the Parks and (42) Recreation Department, being Bid No. 4396. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Goodyear Sprinkler System for the purchase of sprinkler equipment for the Parks and Recreation Department. 77-36-137-348 The following bids were received for the purchase of plastic pipe for the Parks and Recreation (43) Department, being Bid No. 4397 Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Industrial International, Inc. for the pur- chase of plastic pipe for the Parks and Recreation Department. 77-36-137-349 The following bids were received for the purchase of portable toilets for the Parks and Recrea- (44) tion Department, being Bid No. 4415. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Snow Corporation, Fort Worth, for the purchase of portable toilets for the Parks and Recreation Department. 77-36-137-350 The following bids were received for the purchase of miscellaneous electric items for Warehouse (45) Stock, being Bid No. 4391. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Temple, Inc., for the purchase of Items 1, 2 and 3; accept the bid of Nelson Electric Supply Co. for the purchase of Item 4. 77-36-137-351 The following bids were received for the purchase of power poles for Warehouse Stock, being Bid (46) No. 4385. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Somerville Co., Dallas, for the purchase of power poles for Warehouse Stock. 77-36-137-352 The following bids were received for the purchase of a mower for the Cemetery, being Bid (47) No. 4410. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting APR 4 1977 Yea, none voting Nay to accept the bid of Goldthwaite's of Texas, Fort Worth, for the purchase of a mower for the Cemetery. 77-36-138 -353 The following bids were received for the purchase of pickups, trucks and station wagon for (48) various departments, being Bid No. 4384. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of University Dodge, Inc., for the purchase of Items 1 and 12; accept the bid of Hufstedler GMC & Subaru for the purchase of Items 2, 3, 4, 5, 10 and 13; accept the bid of South Plains International Trucks, Inc., for the purchase of Items 6, 7 and 9; accept the bid of Lone Star Ford Truck Sales, Inc., for the purchase of Items 8 and 11; accept the bid of Caprock American, Inc., for the purchase of Item 14. 77-36-138-354 The following Bids were received for the purchase of film projectors for the Library (West (49) Texas Library Systems), being Bid No. 4348. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Baker & Taylor Educational Products, Dallas, for the purchase of film projectors for the Library. 77-36-138-355 The City Council considered awarding bid for remodeling old tower for lease at Lubbock Regional (50) Airport. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Hunter Construction Co. and pass the following resolution authorizing the Mayor to execute an Agreement with Hunter Construction Co. covering the remodeling of the old control tower at Lubbock Regional Airport. 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 the remodeling of the old control tower at Lubbock Regional Airport with HUNTER CONSTRUCTION COMPANY, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of April, 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 (See Agreement on file in the Office of the City Secretary) 77-36-138-356 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (51) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7428 on first reading. ORDINANCE NO. 7428 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain 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 $4,676.00 For the following purpose: AWO 208 Remodeling of Old Tower Section in Old Terminal Bldg. This is a supplement Appropriation due to Bids for Construction being higher than originally estimated. 139 APR 14 1977 seconded by Councilwoman Jordan, motion carried, Mayor Motion was made by Councilman Henry, I! 77-36-139-357 (52) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Bob Schreiner as a regular member of the Zoning Board of Adjustment to replace Karl Morris who resigned, and appoint Bryce Campbell as an alternate member to replace Bob Schreiner. These terms expire February 26, 1978. 77-36-139-358 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (53) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint a representative from the Department of Public Welfare to the CETA Planning Committee. 77-36-139-359 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (54) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Karen L. Edward to the Transit Advisory Board to replace Mrs. Tommy Dearth who resigned. This term expires June 24, 1978. 77-36-139-360 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (55) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Lulac, The Black Ministerial Association and the Chamber of Commerce as three private groups to the Community Services Commission. 77-36-139-361 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (56) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass the following resolution putting the City Council on record as opposing passage of House Bill 846, commonly known as the "Peveto Bill" and that a cover letter accompanying the resolution state that the City Council is opposed to this bill in its present form but not opposed to the idea if all taxing agencies are included in it. RRCMITTTM WHEREAS, House Bill 846, commonly called the "Peveto Bill," has been reported out of com- mittee and is ready for debate on the floor of the Texas House of Representatives, and WHEREAS, the "Peveto Bill" proposes a complete overhaul of property taxation procedures in Texas, and WHEREAS, this bill, if enacted into law, would create a new state agency to dictate to local governments methods of appraising real and personal property, and WHEREAS, the original goal of House Bill 846 was to bring all taxable property under a single appraisal to be used by all taxing agencies in a county, and WHEREAS, House Bill 846 now exempts county tax offices from procedures that will apply to other taxing agencies; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock go on record as opposing passage of House Bill 846 for the following reasons; 1. Its passage will force the City Council to substantially give up local control over the key to fair and equitable taxation, namely its appraisal function. This function would be carried out by a district appraisal office which would appraise all property for all taxing agencies other than Lubbock County unless county officials voluntarily agree to contract with the district appraisal office; 2. A measure of local control could be maintained if the City -School Tax Office were designated as the central appraisal office. But this would require all taxing agencies in Lubbock County, including the County tax office, to contract with the City -School Tax Office for appraisal services; 3. The State of Texas would assume a new regulatory role in local affairs through the formation of the State Tax Commission which would directly supervise the Lubbock Appraisal District, furnishing appraisal manuals dictating the method of determining property values; 4. The City Council as representatives of the taxpayers would have no direct control over the budget of the District Appraisal Office, which would be supervised by a board appointed by participating taxing agencies; 5. And after all these complications have been added to the taxation process in Lubbock, all property owners would still be subject to separate appraisals by the County and by a District Appraisal Office, resulting in no progress toward the goal of single property appraisals to be used by all taxing authorities. Passed by the City Council this 14th day of April, 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 140 APR 14 1977 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting April 14, 1977. ATTEST: ROY BA , MAYOR Treva Phillips, Cit Secretary -Treasurer READ AND APPROVED THIS THE 28th day of April, 1977. I a' 0- ATTEST: ROY BASS, MAYOR Treva Phillips, City cretary-Treasurer