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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/28/1977145 APR 2 8 1977 REGULAR CITY COUNCIL MEETING APRIL 28, 1977 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bill McAlister, City Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 77-36-145-365 The invocation was given by Mayor Roy Bass. (1) 77-36-145-366 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 77-36-145-367 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 April 14, 1977. 77-36--145-368 Fire Chief Diane Whitaker, Lake Ransom Canyon Fire Department, appeared before the City Council (13) expressing appreciation to the Council for allowing this volunteer fire department to parti- cipate in the recent fire conference activities at the Lubbock Fire Department and to express appreciation for allowing Lake Ransom Volunteer Fire Department to acquire the old booster truck from the Lubbock Fire Department. 77-36-145-369 Members of Group Study Exchange, District 113, from Great Britain, sponsored by the Rotary (14) Club were recognized and presented Honorary Citizenships. 77-36-145-370 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. 7429 on second and final reading. ORDINANCE NO. 7429 AN ORDINANCE by the City Council of the City of Lubbock, Texas, calling a bond election to be held within said City for the authorization of general obligation bonds, making provision for the conduct of the election and other provisions incident and related to the purpose of this ordinance and providing an effective date. 77-36-145-371 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (17) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7428 on second and final 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. 77-36-145-372 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7408 on second and final reading. ORDINANCE NO. 7408 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: AND ALLEY AS FOLLOWS; A PORTION OF 20TH STREET AND ALLEY IN FRANCES PLACE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY AND STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-145-373 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Methodist Hospital, Lubbock, Texas, a non-profit corporation, 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. 146 APR 2 8 1977 Passed by the City Council this 28th 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 QUITCLAIM DEED THE STATE OF TEXAS I /s/ Roy Bass ROY BASS, MAYOR KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Methodist Hospital, Lubbock, Texas, a non- profit corporation, hereinafter called "Grantee", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUIT CLIM unto the said Grantee, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: A portion of the streets and alleys within the confines of Frances Place Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the Southeast Corner of Lot 16, Block 1, Frances Place Addition; THENCE West a distance of 230.00 feet; THENCE North a distance of 133.60 feet; THENCE West a distance of 20.00 feet; THENCE South a distance of 114.36 feet; THENCE around a curve to the left, said curve having a radius of 50.00 feet, and a chord distance of 88.48 feet; THENCE South a distance of 114.36 feet; THENCE West a distance of 55.00 feet; THENCE South a distance of 15.00 feet; THENCE East a distance of 195.00 feet; THENCE North a distance of 15.00 feet; THENCE West a distance of 120.00 feet; THENCE North a distance of 133.60 feet; THENCE East a distance of 230.00 feet; THENCE North a distance of 50.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privi- leges 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 28th day of April, 1977. ATTEST: /s/ RoX Bass /s/ Treva Philli s ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney 77-36-146-374 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 pass Ordi- nance No. 7426 on second and final reading. 147 APR 2 8 1971 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. 77-36-147-375 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Pat Garrett, 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 28th 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 X 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 NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Pat Garrett, 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: A portion of the East-West alley in the City of Lubbock, Lubbock County, Texas, between 31st and 32nd Streets, East of Toledo Avenue, out of Section 17, Block B, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which bears North 00000'58" East of the Northwest corner of Lot 11, Pounds Addition; THENCE North 44°58'50" East a distance of 14.14 feet; THENCE North 89058'50" East a distance of 164.55 feet; THENCE South 00000'58" West a distance of 10.00 feet; THENCE South 89°58'50" West a distance of 174.55 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 28th 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 _/s/ Roy Bass ROY BASS, MAYOR 77-36-147-376 NOTICE (24) OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 28th day of April, 1977, at 10:30 A.M., in the City Council Chamber on the Second Floor APR u $ 1977 of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation: 1. ZONE CASE NO. 2118 - Request of Robert H. Holmes for Lakeridge Country Club Estates (Playa - lakes Estates) for a Specific Use Permit Zone Change under provisions of Section 22.3-1-4 of the Zoning Ordinance, for a Planned Unit Development on a site of one hundred and sixty acres or more on a tract of land out of Section 15, Block E-2, Lubbock County, Texas. Property is further described by metes and bounds to wit: BEGINNING at the Northwest corner of said Section 153, Block E-2, Lubbock County, Texas; THENCE East 2640.5 feet for a point in the East line of said Section 15; THENCE South along the east line of said Section 15, a distance 3138:.0 feet to the Southeast corner of said Section 15; THENCE West along and with the South line of Section 15 a distance of 660.0 feet to a point; THENCE North along the existing Lubbock City Limit line and also being parallel to the East line of Section 15 a distance of approximately 2490.0 feet to a point; THENCE West along the existing Lubbock City Limit line a distance of approximately 4620.0 feet to a point in the West line of said Section 15; THENCE North along and with the West line of said Section 15 a distance of 1790.0 feet to the Point of Beginning of a tract herein described and containing 246 acres more or less. (Located South of 82nd Street and East of Slide Road.) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. Specific Use on the Golf Course ("GC") will have site plan review before building per- mit issuance. Work must be under way and progressing within 12 months on the golf course. If not, then the 30 month Specific Use period on all tracts will revert to 12 months from the effective date of the ordinance. 2. "A" zones will have "A-l" uses and standards and will be subject to a detailed site plan review. 3. "CA" zones will have "CA" uses and standards and will be subject to a detailed site plan review. 4. "C" zones will have "C-2" uses and standards and will be subject to a detailed site plan review. 5. "TH" tracts are subject to Section 22.3-2 of the Zoning Ordinance pertaining to town- houses and subject to a detailed site plan review. 2. ZONE CASE NO. 2121 - Request of Tommy Middletone(for Tommy and Roy Middleton) to change Lots 2 and 3, Block 1, Pritchett Addition, City of Lubbock, Lubbock County, Texas, from R-1 to R-2 Zoning District. (Located North of 42nd Street and about 54 feet West of Avenue S. The Planning and Zoning Commission recommended to the City Council that this request be granted 3. ZONE CASE NO. 1916-C - Request of Geor a Rufus Rush to change Lots 5-8, Block 27; Lots 8-11, Block 28; and Lots 1-8, Block 29 from A-1 to R-1 Zoning District and to amend the site plan for Lots 9-17, Block 29, Rushland Park Addition, City of Lubbock, Lubbock County, Texas. (Located South of 4th Street and East of Toledo Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. -- 4. ZONE CASE NO. 2122 - Request of Bill Cox (for South Plains Church of Christ) to change Lot 2, South Plains Church of Christ Addition, City of Lubbock, Lubbock County, Texas, from R-1 to A-2 limited to church usage Zoning District. (Located South of 66th Street and West of Elkhart Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. --" (City Seal) /s/ Treva Phillips City Secretary -Treasurer In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2121 - Request of Tommy Middleton (for Tommy and Roy Middleton) to change property located north of 42nd Street and about 54' west of Avenue S from "R-l" to "R-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Tommy Middleton appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the heraring was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Council- men West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommenda- tions of the Planning and Zoning Commission and pass Ordinance No. 7430 on first reading. ORDINANCE NO. 7430 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. 2121; CHANGE LOTS 2 AND 3, BLOCK 1, PRITCHETT ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 149 APR 2 $ 1977 77-36-149-377 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (25) No. 1916-C - Request of George Rufus Rush to change property located south of 4th Street and east of Toledo Avenue from "A-1" to "R-1" Zoning District and to amend the site plan. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Mrs. George Rufus Rush appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7431 on first reading. ORDINANCE NO. 7431 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. 1916-C: CHANGE LOTS 5-8, BLOCK 27; LOTS 8-11, BLOCK 28, AND LOTS 1-8, BLOCK 29, ALL WITHIN RUSHLAND PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO R-1 ZONING DISTRICT; CHANGE LOTS 9-17, BLOCK 29, RUSHLAND PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AMENDING THE SITE PLAN; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-149-378 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (26) No. 2122 - Request of Bill Cox (for South Plains Church of Christ) to change property located south of 66th Street and west of Elkhart Avenue from "R-l" to "A-2" limited to church usage zoning district. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Bill Cox appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7432 on first reading. ORDINANCE NO. 7432 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. 2122; CHANGE LOT 2, SOUTH PLAINS CHURCH OF CHRIST ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-149-379 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 7C-7-10 in the N.D.P. Fourth Action Year Area to Albert S. Martin for a consideration of $6,350 to be redeveloped as a duplex. 77-36-149-380 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RF.gnTJTTTON WHEREAS, the URBAN RENEWAL AGENCY of the City of Lubbock, Texas, and the CITY OF LUBBOCK entered into a joint contract with HIGHLAND INTERIORS, INC. for the installation of carpeting in the Memorial Center Complex., and, WHEREAS, final acceptance of the carpeting and installation as prescribed under said contract has been made, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the CITY COUNCIL does hereby accept such improvements and the assignment and transfer of any and all interests therein from the URBAN RENEWAL AGENCY of the City of Lubbock to the CITY OF LUBBOCK. Passed by the City Council this 28th day of April, 1977. ATTEST: /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred0._Senter,_ Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR ASSIGNMENT AND TRANSFER WHEREAS, the Urban Renewal Agency of the City of Lubbock, Texas, a corporate body politic, created and existing pursuant to the Texas Urban Renewal Law, Article 1269L-3, Revised Civil Statutes of Texas (hereinafter called "Agency"), and the City of Lubbock, Texas, a home -rule municipal corporation under the laws of the State of Texas (Hereinafter called "City"), entered into a joint contract with Highland Interiors, Inc., for the installation of carpeting in the Memorial Center Complex, Urban Renewal Project No. TEX-R-138(C); and 150 APR WHEREAS, final acceptance of the carpeting and installation thereof as prescribed under the said contract has been made, by the Agency and by the City, the effective date of which was March 18, 1977; and WHEREAS, a portion of the carpeting installed under the said contract was done and per- formed on behalf of the Agency, in the Memorial Center Complex which was constructed upon real property either owned by the City or dedicated to public use for the benefit of the public, under applicable law; and WHEREAS, the Agency is desirous of assigning and transferring any and all interest it might have in and to the carpeting installed in the Memorial Center Complex, which was constructed upon property owned by the City or dedicated to public use within the Lubbock Memorial Center Complex, Urban Renewal Project No. TEX-R-138(C), as of March 18, 1977, the date of acdeptance of the carpeting under the contract, by the City and by the Agency; and WHEREAS, certain of the contract rights and obligations in the contract entered into by and between Highland interiors, Inc., the City, and the Agency, and particularly those rights as are set forth in that section of the contract entitled "General Conditions, Part I" should be transferred and assigned to the City; and WHEREAS, all other terms and conditions in the said contract, particularly "Part II" and "Attachment to Part II of General Conditions" shall remain the responsibility of the Agency and are not to be transferred and assigned hereby. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:That for and in consideration of the pre- mises, and in consideration of the mutual benefits heretofore received, the Agency has ASSIGNED, TRANSFERRED AND CONVEYED and does by these presents, ASSIGN, TRANSFER and CONVEY to the City, any and all interest it may have in and to the carpeting installed within the Memorial Center Complex, Urban Renewal Project TEX-R-138(C), pursuant to the contract entered into with High- land Interiors, Inc., together with all warranties with respect to the work and materials thereunder, express or implied; guaranties with respect to the work and materials, express or implied; and any and all causes or rights of action, claims, or damands, of whatsoever kind or nature, what may exist or which may arise in the future, under the said contract; and further, FOR AND IN CONSIDERATION of the premises, the Agency has ASSIGNED and TRANSFERRED, and by these presents does hereby ASSIGN and TRANSFER to the City, all of its interests, rights, obligations, or duties, contained in or with respect to certain portions of the said contract entered into by and between Highland Interiors, Inc. and the Agency, for the furnishing and installation of carpeting within the Memorial Center Complex, Urban Renewal Project TEX-R- 138(C), specificially, those rights and obligations as are contained in the said contract known and set forth as "General Conditions, Part I"; further, IT IS UNDERSTOOD and AGREED that all other terms and conditions in the said contract with Highland Interiors, Inc., particularly "Part II" and "Attachment to Part II of General Conditions", are not transferred and assigned hereby, and all interests, rights, duties and obligations thereunder shall remain vested in the Agency; further IT IS UNDERSTOOD and AGREED that the assignment, transfer and conveyance of any and all interests in and to the carpeting installed within the Memorial Center Complex, Urban Renewal Project TEX-R-138(C), as is recited herein, shall be effective as of March 18, 1977, and as of such date, the Agency shall have had no further responsibility, if any it had, with regard to the maintenance, insurance, or any other like item, with respect to the carpeting installed within the Memorial Center Complex pursuant to the said contract with Highland Interiors, Inc.; and the assignment and transfer of the contract rights, duties and obligations as is recited herein shall be effective as of March 18, 1977, and the Agency shall have had no further responsibility with regard to the said contract rights so transferred and assigned herein as of said date. EXECUTED this 18th day of April, 1977. ATTEST: /s/ H.O. Alderson URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS By: /s/ Kennett Hobbs 77-36-150-381 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (31) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the URBAN RENEWAL AGENCY of the City of Lubbock, and the CITY OF LUBBOCK entered into a joint contract with PAGE AND WIRTZ CONSTRUCTION COMPANY for the construction and in- stallation of certain site improvements as part of the development of the Memorial Center Complex and, WHEREAS, final acceptance of the work prescribed under said contract has been made, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the CITY COUNCIL does hereby accept the assignment and transfer of such improvements from the URBAN RENEWAL AGENCY of the City of Lubbock to the CITY OF LUBBOCK. Passed by the City Council this 28th day of April, 1977. 15J APR 2 8 197 MR Mb ow Ow ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR ASSIGNMENT AND TRANSFER WHEREAS, the Urban Renewal Agency of the City of Lubbock, Texas, a corporate body politic, created and existing pursuant to the Texas Urban Renewal Law, Article 1269L-3, Revised Civil Statutes of Texas (hereinafter called "Agency"), and the City of Lubbock, Texas, a home -rule municipal corporation under the laws of the State of Texas (hereinafter called "City"), entered into a joint contract with Page & Wirtz Construction Company for the construction and installation of certain site improvements as part of the development of the Memorial Center Complex, Urban Renewal Project TEX-R-138(C); and WHEREAS, final acceptance of the work as prescribed under the said contract has been made, by both the Agency and by the City, by official action of their governing bodies, the effective date of the acceptance of the work being January 27, 1977; and WHEREAS, certain of the site improvements under the said contract, specifically, "Part II: Two Level Pedestrian Mall, Pedestrian Bridge, Entrance Plaza", and "Part III: Site Improvements" were done and performed on behalf of the Agency, upon real property either owned by the City or dedicated to public use or for the benefit of the public, under applicable law; and WHEREAS, the Agency is desirous of the Assignment and Transfer of any and all interest it might have in and to the improvements constructed upon the real property (owned by the City, or dedicated to public use) within the Lubbock Memorial Center Complex, Urban Renewal Project No. TEX-R-138(C), as of January 27, 1977, the date of acceptance of the work by the City and by the Agency; and WHEREAS, certain of the contract rights and obligations in the contract entered into by and between Page & Wirtz Construction Company, the City, and the Agency, and particularly those rights as are set forth in that section of the contract entitled "General Conditions, Part I" of both parts of the said contract with the Agency, entitled "Part II: Two Level Pedestrian Mall, Pedestrian Bridge, and Entrance Plaza" and "Part III: Site Improvements" should be transferred and assigned to the City; and WHEREAS, all other terms and conditions in the said contract, particularly "Part II" and "Attachment to Part II of General Conditions" of both parts of the said contract, entitled "Part II: Two Level Pedestrian Mall, Pedestrian Bridge, and Entrance Plaza" and "Part III: Site Improvements", shall remain the responsibility of the Agency and are not to be trans- ferred and assigned hereby. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the premises, and in consideration of the mutual benefits heretofore received, the Agency has ASSIGNED, TRANSFERRED and CONVEYED and does by these.presents, ASSIGN, TRANSFER and CONVEY to the City, any and all interest it may have in and to the improvements constructed within the Memorial Center Complex, Urban Rnewal Project TEX-R-138(C) (together with all warranties with respect to the work and materials employed in such construction job, express or implied; guaranties with respect to the work and materials employed in such construction job, express or implied; any and all causes or rights of action, claims, demands of whatsoever kind or nature, which may exist or which may arise in the future), under the contract entered into with Page & Wirtz Construction Company for the construction thereof, upon real property owned by the City or dedicated to the public use for the benefit of the public; and further, FOR AND IN CONSIDERATION of the premises, the Agency has ASSIGNED and TRANSFERRED, and by these presents does hereby ASSIGN and TRANSFER to the City, all of its interests, rights, obligations, or duties, contained in or with respect to certain portions of the said contract entered into by and between Page & Wirtz Construction Company and the Agency, for the construc- tion of certain of the improvements within the Memorial Center Complex, Urban Renewal Project TEX-R-138(C), specifically those rights and obligations as are contained in the said contract known and set forth as "General Conditions, Part I" of both parts of said contract, entitled "Part II: Two Level Pedestrian Mall, Pedestrian Bridge, and Entrance Plaza" and "Part III" Site Improvements" of the said contract; further IT IS UNDERSTOOD and AGREED that all of the terms and conditions in the said contract with Page & Wirtz Construction Company particularly "Part II" thereof and "Attachment to Part II of General Conditions" of both parts of the said contract, entitled "Part II: Two Level Pedestrrian Mall, Pedestrian Bridge and Entrance Plaza" and "Part III: Site Improvements" are not transferred and assigned hereby and all interests, rights, duties and obligations shall remain vested in the Agency; further IT IS UNDERSTOOD AND AGREED that the Assignment, transfer and conveyance of any and all interests in and to the improvements constructed and installed upon the real property within the Memorial Center Complex, Urban Renewal Project TEX-R-138(C), as is recited herein, shall be effective as of January 27, 1977, and as of such date, the Agency shall have had no further responsibility, if any it had, with regard to maintenance, insurance, utilities or any other like items with respect to the improvements constructed and installed within the Memorial Center Complex pursuant to the said contract with Page & Wirtz Construction Company; and the assignment and transfer of the contract rights, duties and obligations as is recited herein shall be effective as of January 27, 1977, and the Agency shall have had no further responsibility with regard to the said contract rights so transferred and assigned herein as of said date. 1. 2 ,R 2 8 1917 EXECUTED this llth day of April, 1977. ATTEST: /s/ H. 0. Alderson URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS By: /s/ Kennett Hobbs 77-36-152-382 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (32) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize publication of Notice to Bidders on realignment of Boston Avenue from 34th Street to alley south of 35th Street. 77-36-152-383 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7433 on first reading. ORDINANCE NO. 7433 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT LOCATED IN POTAMAC PARK ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 77-36-152-384 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (33a) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7434 on first reading. ORDINANCE NO. 7434 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT LOCATED IN POTOMAC PARK ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 77-36-152-385 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (33b) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7435 on first reading. ORDINANCE NO. 7435 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT LOCATED IN POTOMAC PARK ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 77-36-152-386 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (33c) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7436 on first reading. ORDINANCE NO. 7436 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT LOCATED IN POTOMAC PARK ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 77-36-152-387 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (33d) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7437 on first reading. ORDINANCE NO. 7437 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PA..D EASEMENT LOCATED IN POTOMAC PARK ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 77-36-152-388 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (33e) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7438 on first reading. ORDINANCE NO. 7438 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT LOCATED IN POTOMAC PARK ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 77-36-152-389 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (33f) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting to pass Ordinance No. 7439 on first reading. ORDINANCE NO. 7439 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN POTOMAC PARK ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITYY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 153 ap M4 APR 2 8 19, 77-36-153-390 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (33g) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7440 on first reading.: 77-36-153-391 (33h) 77-36-153-392 1. (33i) 77-36-153-393 (34) ORDINANCE NO. 7440 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN POTOMAC PARK ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 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 Ordi- nance No. 7441 on first reading. ORDINANCE NO. 7441 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN POTOMAC PARK ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 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 Ordi- nance No. 7442 on first reading. ORDINANCE NO. 7442 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN POTOMAC PARK ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 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 follow- ing resolution be passed. R V.g0TJTTT0N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the letter of commitment of Trinity Baptist Church of Lubbock, Texas dated March 31, 1977 for landscaping along Boston Avenue as realigned, is hereby accepted by the City of Lubbock in accordance and in compliance with the requirements heretofore made by this City Council, and a copy thereof it attached and made a part hereof and shall be spread upon the minutes of this Council. Passed by the City Council this 28th 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 MAYOR AND CITY COUNCIL CITY OF LUBBOCK, TEXAS P.O. Box 2000 Lubbock, Texas 79457 TO SAID CITY OF LUBBOCK: /s/ Roy Bass ROY BASS, MAYOR TRINITY BAPTIST CHURCH OF LUBBOCK, TEXAS 2707 34th Street Lubbock, Texas March 31, 1977 Trinity Baptist Church of Lubbock, Texas, herein called "TRINITY", hereby by this letter of agreement and as a part of the consideration for the settlement of its condemnation case between it (as condemnee) and the City of Lubbock, Texas (as condemnor) herein called "CITY", and the further consideration that landscaping to be done will be done on public property owned by the City of Lubbock in lieu of requiring landscaping to be done on property owned by Trinity immediately east of Boston Avenue as realigned, said Trinity agrees that if any of the real estate owned by it east of Boston Avenue as realigned is used as a parking lot, that as and when such use occurs that it will forthwith landscape the parkway (exclusive of any area devoted or to be devoted to sidewalk use, if any) between the east curbline of Boston Avenue (as.realigned) and the east right-of-way line of Boston Avenue (as realigned) from'35th Street to 34th Street, and said landscaping shall be done in such a manner at the intersections of Boston Avenue (as realigned) with 34th Street and also at 35th Street so as to comply with the visibility triangle provisions for such street intersections as contained in Sections 18-159 to 18-163 inclusive of the Code of Ordinances of the City of Lubbock, Texas as current- ly amended and supplemented, reference to which is hereby made for all pertinent purposes. Said landscaping shall be done at Trinity's expense and shall be similar and commensurate with existing landscaping located adjacent to 34th Street in front of Trinity's Main Church Build- ing. l-4 pR 2 8 1977 Sincerely yours, APPROVED: TRINITY BAPTIST CHURCH /s/ M.L. Shaffer OF LUBBOCK, TEXAS M.L. Shaffer, Trustee By: /s/ Chester Blackstone Chester Blackstone, Trustee /s/ Calvin G. Leverett Calvin G. Leverett, Trustee F 77-36-154-394 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor " (35) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept a 15' x 15' tract of land from Pioneer Natural Gas Company out of Lot 3, Block 4, Original Town. 77-36-154-395 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (36) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7443 on first reading. ORDINANCE NO. 7443 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN ELLWOOD PLACE ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 77-36-154-396 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (37) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7444 on first reading. ORDINANCE NO. 7444 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: ALL OF DRAKE STREET ALONG THE NORTH SIDE OF TRACT A, TEXAS INSTRUMENTS 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 ABAN- DONMENT OF THAT CERTAIN STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-154-397 Larry Anderson, representing Mason, Nickels and Warner, appeared before the City Council and (38) discussed audit engagements. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to enter into contracts with Mason, Nickels and Warner for various City audits. April 25, 1977 The Honorable Roy Bass, Mayor Members of the City Council and Larry J. Cunningham, City Manager City of Lubbock, Texas Under the terms of our agreement with the City of Lubbock dated August 28, 1975, we respect- fully submit for your consideration the following proposed fees. EXAMINATION OF FINANCIAL STATEMENTS FOR YEAR ENDED SEPTEMBER 30, 1977 The fee for the examination of the financial statements for the year ended September 30, 1977 of the various funds and agencies as specified in section III of our agreement will be a maximum of fifty thousand one hundred fifty dollars ($50,150). SERVICES OUTSIDE THE SCOPE OF AGREEMENT The City has received various grants where the grantor requires an audit be conducted by independent public accounts. Generally, the grantor's audit procedures require the account- ant to report on the grantee's compliance with provisions of the grant. The audit procedures performed during an examination of the financial statements are not sufficient to meet the grantor's reporting requirements. The following are the proposed maximum fees for the ex- amination of the noted grants. Community Services Administration Grant $1,750 Rape Crisis Center Grant $2,000 Federal Revenue Sharing $1,200 The City of Lubobck does not classify the expenses of the Community Services Administration grant in accordance with the CSA requirements. It is therefore necessary for the auditors to reconstruct the accounting information to properly report on the grant. The additional fee for this accounting service is one thousand dollars ($1,000). The fees for the above services are based on the hourly rates contained in, section VI of our agreement. If the above maximum fees are acceptable to the City and the additional services are in accordance with your requirements, please sign the copy of this letter and return it to us. Very truly yours, APPROVED: Larry Anderson, CPA Partner 155 APR 2 8 197 .,, /s/ Roy Bass Roy Bass, Mayor /s/ Larry J. Cunningham Larry J. Cunningham, City Manager April 25, 1977 The Honorable Roy Bass, Mayor Members of the City Council and Larry J. Cunningham, City Manager City of Lubbock, Texas Under the terms of our agreement with the City of Lubbock dated August 28, 1975, we respectfully submit for your consideration the following proposed fees. SERVICES OUTSIDE THE SCOPE OF AGREEMENT Civic Lubbock, Inc. is one of the agencies audited as part of our contract with the City of Lubbock. With the opening of the new Civic Center, the accounting records and procedures of Civic Lubbock are inadequate to handle the increased volume of business. We have been re- quested to assist with the revisions to the current accounting system and be available to advise the Civic Center staff with the implementation. The maximum fee for these services will be one thousand seven hundred fifty dollars ($1,750). The fees for the above grants are based on the hourly rates contained in section VI of our agreement. If the additional services are acceptable to the City and are in accordance with your require- ments, please sign the copy of this letter and return it to us. Very truly yours, APPROVED: Larry Anderson, CPA Partner /s/ Roy Bass Roy Bass, Mayor /s/ Larry J. Cunningham Larry J. Cunningham, City Manager 77-36-155-398 The City Council considered a request for interim funding for the Rape Crisis Center. After (39) consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that a cash contribution be provided to the Rape Crisis Center from Entitlement Period 9 Revenue Sharing Funds in the amount of $3,720. 77-36-155-399 Jim Allison, representing Citizens for Improved Transportation, appeared before the City (40) Council requesting a resolution be passed supporting CIT in its attempt to secure capital and operating assistance from UMTA for the handicapped and elderly. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed, and that the City Manager work with this group so that their programs will not create any conflict with the transit system in working with UMTA. RFgf1T.TTTT0W WHEREAS, various citizens and citizens' groups within the City of Lubbock have expressed concern over transportation facilities for the disadvantaged, the handicapped and the elderly of our City, and WHEREAS, such citizens have organized to pool their volunteer labor and their vehicles to provide better service for such citizens and organized the Citizens for Improved Transporta- tion, and WHEREAS, such organization, in an effort to provide better service for such citizens, has expressed a desire to apply for funds to assist their operation under Section 5 of the Urban Mass Transportation Act, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby express its approval of the efforts of the citizens for improved transportation and does give its support to such organization by agreeing to work with them and express a willingness to be the Grantee in an Urban Mass Transportation Grant to provide capital and operating assistance for this program. Passed by the City Council this 28th day of April, 1977. ATTEST: /sl Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Roy Bass ROY BASS, MAYOR /s/ Fred 0. Sen_te_r,_Jr. _ Fred 0. Senter, Jr., City Attorney 1_56 77-36--156-400 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (41.) Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. 1!7nbrotiSW1AINDI 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 Supplemented Agreement No. 2 to the Agreement between the City of Lubbock and the United States of America, through the Federal Aviation Administration covering VASI and REIL equipment 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 28th 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 Supplemented Agreement on file in the Office of the City Secretary. 77-36-156-401 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (42) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK Agreement No. SW-173 between the CITY OF LUBBOCK and the Federal Aviation Administration covering relocation of FAA landing aids 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 28th day of April., 1977. ATTEST: /s/ Roy Bass /s/ _Treva Phillips Roy Bass, Mayor _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney See Agreement No. SW-173 on file in the Office of the City Secretary. 77-36--156-402 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (43) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. R F CAT 7TTT!►TT 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 lease agreement between the City of Lubbock and the Federal Aviation Administration covering lease of space at the Lubbock Regional Airport for GADO facilities in the old terminal building, 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 28th day of April, 1977. ATTEST: /s/ Roy Bass /s/ Treva Phillips ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney L r' See Copy of Lease Agreement on file in the Office of the City Secretary. 1.5 7 APR 2 8 1971 77-36-157-403 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, (46) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting contract with First Southwest Company, Financial Advisors. FINANCIAL ADVISORY CONTRACT Date April 28, 1977 To: Honorable Mayor and City Council City of Lubbock Lubbock, Texas Gentlemen: motion carried, Mayor Nay to enter into 1. We understand that you are contemplating the issuance of securities of the kinds, in the amounts, and for the purposes indicated as follows: $26,435,000 General Obligation Bonds and that in connection with issuance of these securities you desire this proposal from us to perform professional services in the capacity of Financial Advisor for City of Lubbock (Here- inafter called "Issuer"). 2. By this proposal we offer our professional services and our facilities as Financial Advisor for the issuance and sale of the above -described securities, and in that capacity we agree to perform the following duties, and to perform such other duties, as, in our judgment, may be necessary or advisable: a. We will make a survey of the financial resources of the Issuer to determine the extent of its borrowing capacity. This survey will include an analysis of the existing debt structure as compared to existing and projected sources of income which may be pledged to secure payment of debt service, and where appropriate, will include a study of the trend of the assessed valuation of the Issuer, the Issuer's taxing power, and the present and estimated furture taxing requirements. If the revenues of a system or facility are to be pledged to repayment of the securities in question, the survey will take into account any outstanding obligations which are payable from the net revenues thereof, additional net revenues to arise from any proposed rate increase and the additional net revenues as projected by your consluting engineers as a result of the improvements to be financed by the securities in question. We will also take into account your future financing needs and operations as projected by your staff and/or your consulting engineers and other experts. b. On the basis of the information developed by the survey described in the above and fore- going paragraph, and on the basis of other information and experience available to us, we will submit our written recommendations on the financing in question. Our plan will include recommendations as to the date of issue, interest payment dates, schedule of principal maturities, options of prior payment, and any other necessary additional security provisions designed to make the issue more attractive to investors. All recommendations will be based on our best professional judgment, with the goal of de- signing securities which can be sold under terms most advantageous to Issuer, and at the lowest interest cost consistent with all other considerations. c. We will advise you of current bond market conditions, forthcoming bond issues, and other general information and economic data which might normally be expected to in- fluence the interest rates or bidding conditions, so that the date for the sale of the securities can be set a time, which, in our opinion, will be favorable. d. If it is necessary to hold an election to authorize the securities, we will, under the direction of the bond attorneys, assist in coordinating the assembly and transmittal to the bond attorneys of such data as may be required for the preparation of the neces- sary petitions, orders, resolutions, notices and certificates in connection with the election. e. We will coordinate the preparation and submission of the Official Notice of Sale, the Official Statement or Offering Statement, and such other market documents which you may require. We will also supervise preparation of the uniform bid form, containing provisions recognized by the municipal securities industry as being consistent with the securities offered for sale. We will submit to you all such offering documents, including the Official Statement, for your proper examination, approval and certifica- tion. After such examination, approval and certification we will furnish you with a supply of such documents and shall mail a set of the same to a list of prospective bidders, a copy of which list shall be submitted to you upon request. We will also supply sufficient copies of the Official Statement or Offering Statement to the pur- chaser of the securities in accordance with the terms of the Notice of Sale. f. We will make recommendations to the Issuer on the matter of bond rating(s) for the proposed issue and when directed by you shall coordinate the preparation of such in- formation as in our opinion is required for submission to the rating agency(ies). In those cases where the advisability of personal presentation of information to the bond rating agencies may be indicated, we will arrange for such personal presentation. g. If the securities are to be sold at public sale we will disseminate information to prospective bidders, we will organize such information meetings as in our judgment may be necessary, and will work with prospective bidders to assist them in timely submitting proper bids. We will assist you at the bond sale for the purpose of coordinating the receipt of bids, and the furnishing of good faith checks where indicated, and for the purpose of tabulation and comparison of bids, and will advise you as to the best bid, and will provide our recommendation as to acceptance or rejection of such bid. As soon as a bid for the bonds shall be accepted by you, we will proceed to coordinate the efforts of all concerned to the end that the bonds may be delivered and paid for as expeditiously as possible. Should the bonds be eligible under Texas laws for pur- chase by the State Board of Education, the Financial Advisor will be responsible for the preparation of an Application for Purchase or Waiver and its timely submission to the Board. We shall assist you in the preparation or verification of final closine 158 APR 2 8 197T figures, and when requested, will provide suggestions on a program of temporary invest- ment of bond proceeds, in consultation with the Issuer's architect or consulting engineer consistent with the contraction timetable for the project. h. We will act as your agent in arranging for the printing of the securities, and will submit same for execution and impression of seal, and we will attend to their delivery to the Attorney General for approval and the Comptroller of Public Accounts for registra- tion, it being understood that title to and ownership of the printed securities shall be in the Issuer until they are sold and delivered to the purchaser. After closing we will deliver to you and your paying agent(s) definitive debt records, including a schedule of annual debt service requirements on the obligations being delivered to the purchaser. 3. We agree to direct and coordinate the entire program of financing herein contemplated. In that connection we understand that you have retained or expectto retain Dumas, Huguenin, Boothman & Morrow, Dallas, Texas, a firm of recognized municipal bond attorneys, who will prepare the proceedings and advise the steps necessary to be taken to issue the securities and who will issue an opinion approving their legality. We will maintain liason with this firm of bond attorneys and shall assist in all financial advisory aspects involved in the preparation of appropriate legal proceedings and documents. Where the issuance and sale of the securities, and construction of the project in question, requires the approval of any state or governmental agency, we shall assist you in the preparation of all financial information required for inclusion in applications for such approval, and when requested by you, shall appear on your behalf to provide appropriate testimony at public hearings before state and other governmental commissions and boards. We will also be available to parti- cipate with you in any preliminary conferences with the staffs of any state or governmental agenc- ies involved, and we will for qualified, projects, coordinate the preparation of financial assis- tance applications required for state involvement. 4. In consideration for the services rendered by us in connection with the issuance and sale of the above -described securities it is understood and agreed that our fee will be as follows: For each installment of bonds: $12,500 for $1,000,000 bonds; plus $4.65 per $1,000 for the next $1,500,000; or a total of $19,475 for $2,500,000 in Bonds; plus $2.70 per $1,000 for the next $2,500,000, or a total of $26,350 for a total of $5,000,000 in Bonds; plus $2.25 per $1,000 for all over $5,000,000. In consideration of the above fee we will assume and be responsible for the following expenses; 1. All travel and communication expense of First Southwest Company including travel to New York. 2. Election supplies and ballots, but not costs of publication of legal notices, fees of elec- tion officials, or the cost of any litigation. 3. Bond attorneys' fees and charges. 4. Bond printing. 5. Cost of reproduction in our offices of the Official Notice of Sale and Official Statement and the mailing of these documents. Our fee and reimbursable expenses shall become due and payable simultaneously with the delivery of the securities to the purchaser. 5. In the event any bond election be necessary, if such election shall fail, the fee due us shall be nothing; however, should the same or similar propositions again be submitted to election held within 24 months from date hereof, then at our option the agreement covered by this proposal shall apply to any such securities. 6. It is further understood and agreed that we reserve the right to submit a bid for the securities when offered for sale. 7. This agreement shall be terminated by the delivery to the purchaser of all the securi- ties covered hereby, whether delivered all at one time, or in installments. 8. Special Conditions. In addition to the terms and obligations herein contained, this proposal and agreement is subject to the following special conditions: The City agrees to pay the cost of bond ratings from Moody's Investors Service, Inc., New York, New York, and Standard & Poor's Corporation, New York, New York, and the ex - expenses of travel of City officials to New York. 9. This proposal is submitted in duplicate originals. When accepted by Issuer it will constitute the entire agreement between Issuer and the undersigned for the purpose and consi- derations herein specified. Your acceptance will be indicated by proper signatures of your authorized officers or representatives on both copies and the returning of one executed copy to us: Respectfully submitted, First Southwest Company By /s/ Joe W. Smith Authorized Representative ?_59 APR 28 197i A C C E P T A N C E i ACCEPTED pursuant to a motion adopted by the City Council of City of Lubbock on this !! 28th day of April, 1977. i /s/ Roy Bass Mayor, City of Lubbock, Texas ATTEST: /s/ Treva Phillips i City Secretary, City of Lubbock, Texas 77-36-159-404 The following bids were received for the purchase of uniforms for the Fire Department, being (47) Bid No. 4382. li Bid Tabulation set in Bid Book. After consideration of all bids received, it was determined that tie bids had been received on Item 5. Lots were drawn and 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 purchase Items 1, 2, 3, 4, 6 and 7 from Donovan Uniform Co., Dallas; and purchase Item 5 from Mallory's. 77-36-159-405 The following bids were received for the purchase of uniforms for the Police Department, (48) being Bid No. 4381. 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 Gerber Manufacturing Co. for the purchase of uniforms for the Police Department. 77-36-159-406 The following bids were received for the purchase of mowing equipment for the Park Department, (49) being Bid No. 4427. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister vot- ing Yea, none voting Nay to accept the bid of Goldthwaite's of Texas, Fort Worth, for the purchase of Item 1; accept the bid of Colonial Motors, Dallas, for the purchase of Items 2, 3 and 5. 77-36-159-407 The following bids were received for the purchase of one tractor and two mowers for the Park (50) Department, being Bid No. 4432. 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 Farmer's Supply for the purchase of one tractor and two mowers for the Park Department, 77-36-159-408 The following bids were received for the purchase of chemicals for the Park Department, being (51) Bid No. 4411. 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 Thompson Hayward Chemical Co. Coklahoma City, for the purchase of Item 1; accept the bid of Williamson Seed Company for the purchase of Items 2 and 3. 77-36-159-409 The following bids were received for the purchase of signal pole assemblies for Traffic Engineer- (52) ing Department, being Bid No. 4423. 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 Valmont Industries, Inc., Carrollton, for the purchase of signal pole assemblies for Traffic Engineering Department. 77-36-159-410 The following bids were received for the purchase of signal equipment for the Traffic Engineering (53) Department, being Bid No. 4425. 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 Automatic Signals, Arlington, for the purchase of signal equipment for the Traffic Engineering Department. 77-36-159-411 The following bids were received for the purchase of 16" and 24" butterfly valves for the (54) Engineering Department, being Bid No. 4433. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by 160 APR 2 8 1977 Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Smith -Thompson, Amarillo, for the purchase of Item 1; accept the bid of Clow Corporation, Oskaloosa, Iowa, for the purchase of Item 2. 77-36-160-412 The following bids were received for the purchase of an X-ray machine tube for the Health (55) Department, being Bid No. 4433. 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 Gilbert X-ray Company for the purchase of an X-ray tube for the Health Department. 77-36-160-413 The following bids were received for the purchase of office furniture for the Police Department, (56) being Bid No. 4435. 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 Hester's Office Supply for the purchase of office furniture for the Police Department. 77-36-160-414 The following bids were received for the purchase of Electric Items for Warehouse Stock, being (57) Bid No. 4412. 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, 6, 8, 9, 10, 14 and 16; accept the bid of Westinghouse Electric Supply Co. for the purchase of Items 3 and 4; accept the bid of Nelson Electric Supply Co. for the purchase of Items 7 and 15; accept the bid of General Electric Supply Co. for the purchase of Items 12 and 13. 77-36-160-415 (58) The following bids were received for the purchase of electric items for Warehouse Stock, being Bid No. 4413. I Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister vot- ing Yea, none voting Nay to accept the bid Temple, of Inc., for the purchase of Items 1, 2, 3. 4, 5 and 6; accept the bid of Westinghouse Electric Supply Co. for the purchase of Items 7, 10, 12, 13 and 14; accept the bid of C. B. Anderson Co., Amarillo, for the purchase of Items 8 and 11; accept the bid of Graybar Electric Supply Co. for the purchase of Item 15. 77-36-160-416 (59) The following bids were received for the purchase of galvanized steel and copper pipe for Ware- house Stock, being Bid No. 4414. 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 Ducommun Metals & Supply for the purchase of Items 1, 2 and 4; accept the bid of Industrial International, Inc., for the purchase of Item 3; accept the bid of Ft. Worth Pipe & Supply for the purchase of Item 5. 77-36-160-417 (60) The following bids were received for the 1977 Street Maintenance Program and miscellaneous ing projects, being Bid No. 4424. pav- 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 Turner Construction Co. for the 1977 Street Maintenance Program and miscellaneous paving projects. i77-36-160-418 (61) Bids were received for remodeling National Weather Service space at the Lubbock Regional 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 Wardroup and Associates for remodel- ing National Weather Service space at the Lubbock Regional Airport. 77--36-160-419 (62) 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 appoint Mariano Garcia and Rev. Nathaniel Johnson and reappoint Mrs. Wildering Edwards, Rev. Hector Gonzales and Homero J. Rodriquez to the Human Relations Commission. These terms are for three years and will expire May 25, 1980 with the exception of Mrs. Edwards' May 25, 1979. term which will expire j 77-36-160-420 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (63) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Mrs. Harvey Morton to the Lubbock Housing Authority to replace Mrs. James Reese who resigned. This term expires December 27, 1978. 77-36-160-421 Arnold Maeker appeared before the City Council to discuss the progress report on the building (15) at the southwest corner of Texas Avenue and Broadway (Human Development Center). He explained 1.61 Ar R N 8 1977 the upgrading of the building that had taken place in accordance with the Council's request in 1974 and that smoke detectors and a sprinkler system had been installed. He requested the Council consider replacing the 4" water main with a 6" main, since the State Insurance Board will not accept a 4" water main. Discussion was had concerning possible problems with the water mains in the downtown area. Councilwoman Jordan stated "If we do this, look to the possi- bility of using Community Development funds, and get some kind of estimate for future development." 77-36-161-422 The City Council considered the passage of Ordinance No. 7325 on second and final reading chang- (22) ing property located south of Loop 289 and east of Indiana Avenue by amending Condition No. 1 and deleting Condition 5 of Ordinance No. 6489, Zone ase No. 1391-F. Ralph Brock, Attorney, appeared before the City Council representing Pollard Ford. (This ordinance was held on second reading with the requirement that Mr. Pollard work out an agreement with Melonie Park South Home Owners Association.) Leroy Richardson, President of the Homeowners Association, submitted the following letter setting out amendments they have agreed upon: April 20, 1977 Mr. Dick Pollard Pollard Friendly Ford Company 3301 South Loop 289 Lubbock, Texas 79413 Dear Mr. Pollard: Thank you for your presentation to our annual homeowners' meeting on April 1, 1977. Your desire to modify the three zoning restrictions in re -zoning case 1391 F was duly noted. After ample discussion, a motion was made, seconded, and unnanimously passed by those homeowners present that our homeowners' association grant our approval for those requested changes. The three zoning restrictions on your property you requested modified are: 1. Lower west brick screening fence along Indiana Avenue to a minimum of 12 inches and include landscaping plan as designed and presented to our homeowners' association meeting on April 1, 1977, by Holland Gardens and plan thereof attached. The landscape plan will be paid for by Pollard Ford and will be maintained at Pollard Ford's expense. 2. Reduction of the 200 foot building setback on west portion on Indiana Avenue to 100 feet. 3. Removal of the used sale restriction from the property, except that front-line models displayed on Indiana Avenue may be no more than three years old. This action and approval are duly recorded in the minutes of the Melonie Park South Homeowners' Association annual meeting held Friday night, April 1, 1977. If we can be of further assistance or need to be present before the Lubbock City Council, please let us know. Yours truly, BOARD OF DIRECTORS, MELONIE PARK SOUTH HOMEOWNERS' ASOSCIATION Leroy Richardson Dick Jenson Glad Norman Randy Wright President Vice President Member Member (oppossed) LR/m1m Attachment cc: City Council Jim Bertram City of Lubbock City Planning and Zoning Lubbock, Texas City of Lubobck Lubbock, Texas Dick Pollard presented an aerial photograph of the location. Jack Bryant Member A drawing was presented showing the proposed landscaping and plant material to be used. Jim Bertram, Director of Planning, discussed screening and landscape requirements and the charge that had been made to Mr. Pollard to work out something with the Homeowner's Association. Mr. Bertram stated that Item No. 3 on the above list of amendments would be almost impossible to enforce. It would have to be as a "good faith" measure. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman West to pass Ordinance No. 7325 on second reading, with 12" fence and landscaping as presented, take Mr. Pollard's word on Item No. 3, changing the ordinance to incorporate agreement between Melonie Park South Home Owner's Association and Dick Pollard. This motion failed to carry by the following vote: Councilmen West and McAlister voting Yea, Mayor Bass, Councilwoman Jordan and Councilman Henry voting Nay. Motion was then made Councilwoman Jordan, seconded by Councilman Henry, to pass Ordinance No. 7325 on second reading as originally passed. This motion carried, by the following vote: Mayor Bass, Councilwoman Jordan and Councilman Henry voting Yea, Councilmen West and McAlister voting Nay. After still further discussion, 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 reconsider the previous motion. 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. 7325 on second reading in the same form as passed on first reading, allowing Pollard Ford to construct a building on the west end of the lot for used cars. ORDINANCE NO. 7325 AN'ORDINANCE.AMENDING ZONING ORDINANCE NO. 6489 OF THE CITY OF LUBBOCK BY AMENDING CONDITION NO. 1 THEREOF AND DELETING CONDITION 5 THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-162-423 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (23) 2118 - Request of Robert H. Holmes to change property located south of 82nd Street and east of Slide Road by authorizing a Specific Use Permit Zone Change under provisions of Section 22.3-1-4 of the Zoning Ordinance for a planned unit development. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. Specific Use on the golf course ("GC") will have site plan review before building permit issuance. Work must be under way and progressing within 12 months on the golf course, if not then the 30 month Sepcific Use Period on all tracts will revert to 12 months from the effective date of the ordinance. 2. "A" zones will have "A-l" uses and standards and will be subject to a detailed site plan review. 3. "CA" zones will have "CA" uses and standards and will be subject to a detailed site plan review. 4. "C" zones will have "C-2" uses and standards and will be subject to a detailed site plan review. 5. "TH" tracts are subject to Section 22.3-2 of the Zoning Ordinance pertaining to town- houses and subject to a detailed site plan review. Mayor Bass called for proponents and opponents to appear before the City Council. Robert H. Holmes appeared in support of this zone change request and presented a preliminary plat. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. Consider- able discussion was had concerning conditions and the fact that part of the proposed develop- ment is outside the city limits. Motion was made by Councilman McAlister, seconded by Councilman West that the recommendations of the Planning and Zoning Commission be upheld and Ordinance No. 7445 be passed on first reading subject to Condition No. 1 being changed to read as follows: "I. Specific Use on the Golf Course ("GC") will have site plan review before building permit issuance. One-third of the golf course must be completed within 12 months. If not, then the Specific Use period on all tracts will revert to 12 months from the effective date of the ordinance, notwithstanding Sec. 22 of Ordinance No. 7084. At this point, Councilwoman Jordan asked that the motion be amended so that nothing may be con- strued that would indicate the Council is going to annex the portion of the property outside the city limits. This motion was approved by Councilman McAlister and Councilman West. The vote on the original motion as amended was as follows: Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay. ORDINANCE NO. 7445 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 2118; CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO PLANNED UNIT DEVELOPMENT SPECIFIC USE PERMIT ON 160 ACRES OR MORE: PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-162-424 Public Hearing (27) To receive your suggestions for using $1,986,356 In Federal Revenue Sharing Funds The Lubbock City Council wants your ideas on which services or facilities to provide with $1,986,356 in Federal Funds to be received through Sept. 30, 1977. You are invited to write your ideas to City Manager Larry Cunningham, P.O. Box 2000, Lubbock, Texas 79457 before Wed- Nesday, April 27, 1977 or you may speak at the public hearing in City Council Chambers Second Floor, Municipal Bldg. 10th St. & Texas Ave. 1:30 P.M., April 28, 1977. In accordance with the above Notice of Public Hearing, hearing was held to receive suggestions for using $1,986,356 in Federal Revenue Sharing Funds. Mayor Bass asked for those who wished to speak on the matter to come forward. Kenneth Horne appeared representing the Association of Retired Persons, and Senior Citizens Group, requesting funds for a larger Senior Citizens Center. Mrs. J. B. Airhart appeared representing Retired Teachers requesting a place for their meetings. Mrs. Donnie Kelsey, Volunteer Coordinator for the Lubbock State School appeared requesting funds for construction of an activities building for the children at the school. Bill Hamrick appeared requesting assistance for Meals on Wheels program. Lee Hunter appeared requesting a traffic signal at the intersection of Parkway Drive and Quirt Avenue and installa- tion of basketball courts in Mackenzie Park. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. Mayor Bass stated this was a preliminary hearing and that another hearing will be advertised and held in accordance with the law. 1. APR 2 8 L 77-36-163-425 The City Council considered setting a date for a Public Hearing to use 2nd Year Community Develop- (28) ment contingency funds to purchase the up -dated 1977 "Profiles of Change" from the R. L. Polk Company. Jim Bertram, Director of Planning, appeared and stated that the R. L. Polk data is a yearly by-product of the survey for the City Director. It is neighborhood change data result- ing from an 80-90% survey of homes in Lubbock. The data is approved by HUD as a source to pro- duce a required Annual Housing Assistance Plan in our Community Development Program. The cost for this publication is $10,600 and it is recommended that it be acquired from 2nd Year Community Development Contingency Funds. 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 set May 12, 1977 as the date for the Public Hearing and authorize publication of Notice of Hearing. 77-36-163-426 The City Council considered a Lease Agreement with Southwest Airlines. After consideration of (44) all information presented, motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed authorizing the Mayor to execute a Lease Agreement with Southwest Airlines. RT.5.0T.TTTTnN 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 Certificated Passenger Airline Lease Agreement and Addendum No. 1 thereto between the City of Lubbock and Southwest Airline 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 28th 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 /s/ Roy Bass ROY BASS, MAYOR See Copy of Lease Agreement on file in the Office of the City Secretary. 77-36-163-427 The City Council considered recommendations of the Transit Advisory Board regarding alterna- (45) tives for operating the Transit System. Discussion was held concerning the deficit in operating this system, and of the effect suggested alternatives might have on UMTA funds. After considera- tion of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry to accept Alternate No. 3 as recommended by the Transit Board as follows: Run 20 buses 13 hours a day, 30 minutes headways, Route No. 13 to serve Texas Instruments and Lubbock State School, Routes No. 7 and No. 16 be limited to work days (no Saturday service), Fare structure to be decided during the May 12 City Council meeting and ask Staff to offer other suggestions for additional savings. This motion failed by the following vote: Councilwoman Jordan and Councilman Henry voting Yea, Mayor Bass, Councilmen West and McAlister voting Nay. Further discussion was held on this item. Motion was then made by Councilman West, seconded by Councilman McAlister to obtain information from UMTA as to what reductions they will accept, and to continue transit system operations as it is for an additional period of no less than 3 months, to allow time to see what the ridership will be at the end of that period, review it again with the Transit Advisory Board, and if additional money is needed, to use Revenue Shar- ing funds for this one time only. This motion carried by the following vote: Mayor Bass, Councilmen West and McAlister voting Yea, Councilwoman Jordan and Councilman Henry voting Nay. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular meeting, April 28, 1977. 1 ;Orr, ATTEST: ROY BASS, MAYOR Treva Phillips, City Sec ary-Treasurer READ AND APPROVED THIS THE 12th day of May, 1977. S ATTEST: ROY BASS, MAYOR Treva Phillips, City cretary-Treasurer II --- -:-. — __