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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/26/1977i : 'I MA`S 2 6 1977 REGULAR CITY COUNCIL MEETING MAY 26, 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 77-36-184-480 The invocation was given by Councilman Bill McAlister. (1) 77-36-184-481 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 77-36-184-482 Motion was made 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 May 12, 1977. 77-36-184-483 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (8) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7447 on second and final reading. ORDINANCE NO. 7447 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET IMPROVEMENT The sum $99,000.00 For the following purpose: To provide for the additional funds required for construction of Indiana Avenue from 90th Street to 95th Street. 77-36-184-484 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (9) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7448 on second and final reading. ORDINANCE NO. 7448 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There it hereby appropriated out of the following described bond fund, to -wit: Water Capital The sum $55,383.00 For the following purpose: Purchase water meters: 1500 - 3/4" meters @ $25.17 $37,755.00 300 - 1" meters @ $58.17 17,628.00 TOTAL $55,383.00 77-36-184-485 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (10) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7449 on second and final reading. ORDINANCE NO. 7449 AN ORDINANCE CORRECTING ORDINANCE NO. 7280 WHICH WAS PUBLISHED IN A FORM WHICH DID NOT CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL AND WHICH SHOULD HAVE BEEN CAPTIONED AS FOLLOWS: 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. 2083: CHANGE THE TRACTS OF LAND OUT OF FARRAR MESA ADDITION, CITY OF LUBBOCK, TEXAS AS FOLLOWS: CHANGE THE WEST 444 FEET OF TRACT A FROM R-1 TO C-2 ZONING DISTRICT, THE REMAINDER OF TRACT A FROM R-1 TO A-1 ZONING DISTRICT, AND LOTS 14 AND 15 FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-184-486 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (11) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7443 on second and final 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: DIRECT- ING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND 185 MAY 2 6 1977 ow F. r CLOSING; AND PROVIDING FOR PUBLICATION. 77-36-185-487 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. 7444 on second and final 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 ABANDONMENT OF THAT CERTAIN STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-185--488 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (14) 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 LUBOBCK: 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 with Texas Instruments, Incorporated, a Texas 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 Resolu- tion as if fully copied herein in detail. Passed by the City Council this 26th day of May, 1977. ATTEST: Isl Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney Isl Roy Bass Roy Bass, Mayor THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X 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 N01100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Texas Instruments, Incorporated, a Texas corpora- tion, 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: All of Drake Street along the North side of Tract A, Texas Instruments Addition to the City of Lubbock, Lubbock County, Texas, said Drake Street portion being more particularly described as follows: BEGINNING at a 3/4" iron pipe found 10.00 feet North of the Northwest corner of Lot 1, Lawson Addition to the City of Lubbock, Texas, from whence the Southeast corner of Section 12, Block A, bears South, 2981.9 feet and South 89°53'30" East, 226.55 feet; THENCE South a distance of 60.00 feet to a point; said point being in the West line of Lot 1, Lawson Addition; THENCE North 89053'30" West a distance of 2800.6 feet to a point; THENCE North a distance of 60.00 feet to a point; THENCE South 89053130" East a distance of 2800.6 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 26th day of May, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer /s/ Roy Bass ROY BASS, MAYOR APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney i MAY 2 6 1977 77-36-186-489 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7446 on second reading. G.W.O. 10,922 ORDINANCE NO. 7446 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING EAST -WEST ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST -WEST ALLEY ABUTTING LOTS 192 THRU 206 AND LOTS 737 THRU 753, BROADMOOR ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 18, BLOCK 17, RUSHLAND PARK ADDITION, INSTALL- MENTS NO. 6 AND 8 AND INCLUDING A PORTION OF THE FOLLOWING STREETS: SANTA FE DRIVE, SHER- MAN AVENUE, 80TH STREET, 62ND STREET, 63RD STREET, WAYNE AVENUE, VICKSBURG AVENUE, 24TH STREET, 2ND PLACE, 30TH STREET, 61ST STREET, ENGLEWOOD AVENUE, AND 54TH STREET, SUCH PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/ OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFI- CATIONS IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR ASSESSMENTS DELETED BY CITY COUNCIL.) NOTICE OF CITY COUNCIL HEARING 77-36-186-490 NOTICE is hereby given to owners of the property hereinafter described or referred to and (16) to all other persons as provided by law, that the City Council will hold a public hearing on the 26th day of May, 1977, at 10:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein decribed be change; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation: NORTH OF 52nd STREET & WEST OF AVENUE X Zone Case No. 1660-C Request of Max Lee Ince to change Lot 2, Agee -Pharr Addition, City of Lubbock, Lubbock County, Texas, from -A-2Specific Use to C-2A Zoning District. The Planning and Zoning Commission recommended to the City Council that this request be ranted subject to the followin conditions: 1. That the conditions carried in the previous A-2 Specific Use Permit request be imposed. 2. That a time limit of 18 months be granted in order to begin construction. EAST OF LOOP 289 & ABOUT 1193 FEET SOUTH OF 34TH STREET Zone Case No. 1650-A Request of Steve Hurt (for Lubbock Bible Church) to change a tract of land out of Section 37, Block A-K, City of Lubbock, Lubbock County, Texas, from R-2 to A-2 Zoning District. Property is further described by metes and bounds to wit: BEGINNING at a point which is 1193.51 feet South and 39.5 feet West of the Northeast corner of said Survey 37, in the West line of Frankford Avenue; THENCE south 606.5 feet; THENCE of eet; feet; West 420.32 feet to Loop 289; THENCE North 20006' West along Loop 289 a distance THENCE East 642.4 feet to the Place of Beginning and containing approximately 7.3of 98. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the Followin, conditions: 1. That it be limited to church uses or apartments with A-1 standards. SOUTH OF 82ND STREET & WEST OF AVENUE U Zone Case No. 2124 Request of David C. Ste henson(for First Church of God) to change Tract A and B, First Church of God Addition, City of Lubbock, Lubbock County, Texas, from R-1 and T to A-2 Zoning District. Property is further described by metes and bounds to wit: BEGINNING at the Northeast corner of the Northwest Quarter of Section 9, Block E Lubbock County, Texas; THENCE south an approximate distance of 980 feet; THENCE West an approximate distance of 557.4 feet; THENCE North an approximate distance of 980 feet: THENCE East an approxi- mate distance of 557.4 feet to the Place of Beginning. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the followiny condition: 1. That it be limited to church use only. NORTH OF 78TH STREET & EAST OF ELGIN AVENUE Zone Case No. 1992-A Request of Ra and Ta for to change Tract E, Times Square Addition, City of Lubbock, Lubbock County, Texas, from R-2 to R-1 Zoning District. 'I The Planning and Zoning Commission recommended to the City Council that this request be 9:anted. MAY 2 6 197i r c rl SOUTH OF 50TH STREET & EAST OF LOOP 289 Zone Case No. 2126 Request of Burl W. Masters (for Paul Newman) for a Specific Use Permit Zone Change, under pro- visions of Section 23.3-1-2 of the Zoning Ordinance, for a planned unit development on a tract of land out of Section 28, Block E-2, Lubbock County, Texas. Property is further described by metes and bounds to wit: BEGINNING at a point which bears South an approximate distance of 30.0 feet from the Northwest corner of the Northeast quarter of Section 28, Block E-2, Lubbock County, Texas; THENCE South an approximate distance of 345.0 feet to a point of curvature; THENCE Southeasterly, around a curve to the left, said curve having a radius of approximately 87.96 feet, and a chord distance of approximate 114.93 feet; THENCE S44°51'30" East an approxmate distance of 57.27 feet; THENCE South an approximate distance of 580.0 feet; THENCE West an approximate distance of 2452.04 feet; THENCE N20008' West an approximate distance of 1370.0 feet to a point of curvature; THENCE Northeasterly, around a curve to the right, said curve having a radius of approximately 15.0 feet, and a chord distance of approximately 21.21 feet, to a point of compound curvature; THENCE Northeasterly, around a curve to the right, said curve having a radius of approximately 300.0 feet, and a chord distance of 120.0 feet; THENCE East an approximate distance of 1665.0 feet to the Place of Beginning. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. That if there were any future zoning changes request, the rest of the undeveloped property would be considered at the same time. NORTH OF EAST 2ND STREET BETWEEN LOOP 289 & IDALOU ROAD - U.S. 62 Zone Case No. 2129 Request of the City of Lubbock to change all that property within a tract of land bounded by East 2nd Street, Loop 289 and Idalou Road out of Section 3, Block A, City of Lubbock, Lubbock County, Texas, from R-1 to M-1 Zoning District. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That 2% landscaping be provided. 2. That a 43 foot setback be provided for, on the Idalou Highway, Loop 289 and East 2nd Street. 3. That outside storage be fenced. 4. That no material be stacked above the fence. AREA BOUND BY & 1/2 BLOCK OUTSIDE 4TH STREET, AVENUE K, IOTH STREET & AVENUE Q Zone Case No. 1807-A Request of the City of Lubbock_ to amend Ordinance 6462 where it pertains to the regulation of advertising to comply with the City of Lubbock Zoning Ordinance (No. 7084) on the follow ing tracts of land: The West one-half of Block 6, 22, 38, 70 and 86, Original Town; Lots 1, 2, 3, 4, and 5, Block 102, Original Town; the North one-half of Block 97, 98, 99, 100 and 101, Original Town; the North one-half of Block 134, Overton Addition; Lots 1, 2 and 3, Block 118, Overton Addition; the East one-half of Block 106, 109, 113, 114 and 117, Overton Addition; the South 100 feet of Lots A and B, Block 2, Garland Subdivision; Blake's Subdivision of Block 1, of Roberts and McWhorter Addition; the South 100 feet of Lots 1, 4, 11 and 12, Richmond Addition; the South 100 feet of Lot 14, Block 8, William Tubbs Addition; Block 1 and 2, Ratliff Addition, Lots 1 and 2, Safeway Addition; all of Block 5 and 6, Merritt and Wild Addition; and all of Block 1, Original Town, City of Lubbock, Lubbock County, Texas. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. That all land covered by Ordinance #6462 run concurrent with the sign abatement period set up in Ordinance #7084. EAST OF AVENUE H & NORTH OF 36TH STREET Zone Case No. 2120 Request of W.S. Carlisle III to change Lots 1 thru 4, Carber Addition, City of Lubbock, Lubbock County, Texas, Lots 1, 2 and 4, from C-4 to M-1 and Lot 3 from R-2 to M-1 Zoning District. The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That C-4 landscaping and setback standards be maintained. 2. That there be no outside storage. 3. That the west bank of buildings be restricted to 30' X 50' except for miniwarehouse. EAST OF AVENUE H & ABOUT 222.5 FEET NORTH OF 46TH STREET Zone Case No. 2130 Request of _Fa_yne B. Clark (for Fayne B. Clark and Robert L. Mooty) for a Specific Use Permit Zone Change, under provisions of Section 22.3-24 of the Zoning Ordinance, for mini -warehouses on the North 82.5 feet of the West 170 feet of Block 19, Suburban Homes Addition, City of •w kY 2 6 1977 Lubbock, Lubbock County, Texas. The Planning and Zoning Commission recommended to the City Council that this request be granted. SOUTH OF 46TH STREET & WEST OF AVENUE A. Zone Case No. 2131 Request of W.L. Cone to change Block 36, Suburban Homes Addition, City of Lubbock, Lubbock County, Texas from R-2 to C-4 Zoning District less a tract of land further described by metes and bounds to wit: a Tract of land beginning at the Southwest corner of Block 36, Suburban Homes Addition; THENCE Easterly 368.5 feet more or less, to a point; THENCE Northerly 435 feet more or less, to a point; THENCE Westerly 368.5 feet more or less, to a point; THENCE Southerly 435 feet more or less, to a Point of Beginning. The Planning and Zoning Commission recommended to the City Council that this request be granted NORTH OF 39TH STREET & WEST OF SALEM AVENUE Zone Case No. 1427-B Request of G.R. Markham to change Lot 12, Block 17, College Heights Addition, City of Lubbock, Lubbock County, Texas, from R-2 to R-1 Zoning District. 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. 1660-C - Request of Max Lee Ince to change property north of 52nd Street and west of Avenue X from "A-2" Specific Use to "C-2A" Zoning District. The Planning and Zoning Commission re- commended that this request be granted subject to the following conditions: 1. That the conditions carried in the previous "A-2" Specific Use Permit request be imposed. 2. That a time limit of 18 months be granted in order to begin construction. Mayor Bass called for proponents and opponents to appear before the City Council. Max Lee Ince 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 pre- sented, 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 up- hold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7450 on first reading. ORDINANCE NO. 7450 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. 1660-C; CHANGE LOT 2, AGEE-PHARR ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 SPECIFIC USE TO C-2A ZONING DIS- TRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-188-491 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (17) No. 1650-A - Request of Steve Hurt (for Lubbock Bible Church) to change property located east of Loop 289 and about 1,193` south of 34th Street from "R-2" to "A-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the follow- ing condition: That it be limited to church uses or appartments with "A-1" standards. Mayor Bass called for proponents and opponents to appear before the City Council. Steve Hurt 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 West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recom- mendations of the Planning and Zoning Commission and pass Ordinance No. 7451 on first reading. ORDINANCE NO. 7451 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. 1650-A; CHANGE A TRACT OF LAND OUT OF SECTION 37, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-2 ZONING DISTRICT, SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-188-492 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (18) 2124 - Request of David C. Stephenson (for First Church of God) to change property located south of 82nd Street and west of Avenue U from "R-l" and "T" to "A-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following condi- tion: That it be limited to church use only. T % x I Mayor Bass called for proponents and opponents to appear before the City Council. David C. Stephenson appeared in support of this zone change request. No one else came forward; where- i MAY 2 6 1977 upon, Mayor Bass announced that the hearing was WestossecondedebycCouncilman McAlister,of all nmotion tion presented, motion was made by Councilman 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. 7452 on first reading. ORDINANCE NO. 7452 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIALMAP A TRACT COF ITY OF OUT LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2124; CHANGE FROM AC TO LA ZONING OF THE NORTHWEST QUARTER OF SECTION 9, BLOCK E, LUBBOCK COUNTY, DISTRICT; SUBJECT TO CONDITIONS; CHANGE A TRACT OF LAND OUT OF THE NORTHWEST QUARTER OF SECTION S, BLOCK E, LUBBOCK COUNTY, TEXAS, FROM T TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PRO- VIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-189-493 In accordance with the above Notice of City CounciHearing, heariated ng wa sofe d o S onetCase (19) No. 1992-A - Request of Raymond Taylor to change property east of Elgin Avenue from "R-2" to " Zoning Ma District. calledhforPlanning proponents andxoppone�ntsston recommended that this request be granted. Mayor appear before the City Council. Raymond Taylor appeared in support of this zone change request. No one else came forward; whereupon, ted Bass motionannounced madethat by Councilwoman JordanSed. sec secondedAfter consideration of all information prese , by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister recommendations o£ the Planning and Zoning Commission voting Yea, none voting Nay to uphold the and pass Ordinance No. 7453 on first reading. ORDINANCE NO. 7453 AN ORDINANCE AMENDING ZONING ORDINANCE N0, 7084 AND THE OFFICIAL MAP GE OF THE CITY OF RACT E, TIMESSQUARE LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1992-A; LM ADDITION, CITY OF LUBBOCK LUBBOCK COUNTY, TEXS, FROM R-2 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-189-494 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (21) east - Request of and about B. 222r5,(for northaofe46th Streetand by authorizing oaySpecificchange Useproperty east of Avenue H and about zone change, under provisions of Section 22.3-24 of the Zoning Ordinance for mini -warehouses. The Planning and Zoning Commission recommended dtthat this request be Robgranted. Mayorty Bass called in for proponents and opponents to appear be support of this zone change request. No one else came forward; whereupon, Mayor Bass osed. After eration of all announced that the hearing was clsetondednbydCouncilman West,nmotion1cariredenMayor motion was made by Councilwoman Jordan Bass, Councilmen West, Jordan, Hendyand Zon n McAlisterCommissionvoting and pass Ordinancevoting No.Nay 7454 on firstthe recommendations of the Planning an g reading. ORDINANCE NO. 7454 CASE NO. AN ORDINANCE AUTHORIZING THE OFST� WESTF170SFEETI'FOF BLOCK USE 9?TSUBURBAN.HOMESEADDITION, 2130; CHANGE THE NORTH 82.5 FEET CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM FOR PUBLICATION - In USE PERMIT, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE 77-36-189-495 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (23} No. 1427-B - Request of C. R. Markham to change property located north of 39th Street and west of Salem Avenue from "R-2" to "R-1" Zoning District. The Planning and Zoning Commission recom- mended that this request be granted. Mayor called support ofothisnzonenchangenrequest.ents to apNoar before the City Council- Joyce Markham appeared in one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwo anenryn Jordan, McAlister seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7455 on first reading. ORDINANCE NO. 7455 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING i CHANGE: E.LUBBOCKCASE NO. COUNTY, TEXAS$;FROM RECHANG2LOT0 R?1 ZONING, BLOCK IDISTRICT, COLLEGE HEIGHTS ADDITION, CITY OF LUBBOCK, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. or Ro Bass disqualified himself from presiding over Zone Case No. 2129. Mayor Pro Tem 77-36-189-496 May y (25) Dirk West assumed the Chair. In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2129 - Request of the City of Lubbock to change property located north of East 2nd Street between Loop 289 and Idalou Road (that thisfrequestlbetgranted subjectDtotthetfollowingacond�- and Zoning Commission recommended tions: 1. That 2% landscaping be provided. 2. That a 43' setback be provided on the Idalou Highway, Loop 289 and East 2nd Street. 3. That outside storage be fenced. 4. That no material be stacked above the fence. 190 MAY 2 6 1977 Mayor Pro Tem West called for proponents and opponents to a Jim Bertram, Director of Plannin ppeared before the City Council, of Commission. No one else came forward; whereupon, MayoorrrecoePro tTemsWestthe announcednthatdthening hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7456 on first reading. ORDINANCE NO. 7456 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. 2129; CHANGE LOT 5, BLOCK 13 AND BLOCKS 12, 16 AND 17, MORNING VIEW ADDITION INSTALLMENT NO. TEXAS, AND A TRACT OF LAND OUT OF THE SOUTHWEST QUARTER OF SECTIONY3, BLOCK A, LUBBOCK COUNTYLUBBOCK , TEXAS, INCLUDING THE R. Z. ABELL ADDITION, 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. 77-36-190-497 (6a) Carroll McDonald, Chairman of the Civic Centers Board, appeared before the City Council and presented the Board's recommendations that the $10,244.48, which was left from the Civic Center grand opening, be given to the Convention and Tourism Bureau for He use in subsidizing conventions. stated that three conventions possibly had gone to other cities which subsidized convention activities. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman McAlister to follow the recommendations of the Civic Centers Board and authorize the money be spent by the Convention and Tourism Bureau in subsidizing conventions. Councilwoman Jordan offered an amendment to the Commerce motion, that the Chamber of be asked to match these funds, and that none of these funds be released has been received from until an answer the Chamber. This amendment to the motion died for lack of a second. The original motion carried by the following vote: Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay. 77-36-190-498 (6b) Carroll McDonald, Chairman of the Civic Centers Board, appeared presented the Board's recommendations that the be nd before the City Council a bids from interested in donating a scoreboard at the Lubbock MunicipalmColiseumowithtakeadvertising, which firm tossee will donate the most for nothing, except for the advertising. After of all information consideration presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept these recommendations. 77-36-190-499 (7) Phil Price of Phil Price Advertising, for an athe and advertising campaign on Citibusafor remaindereofxty a proposal theCcil FYn1976-77.presented See Proposal on file in the Office of the City Secretary. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the proposal as presented by Phil Price. 77-36-190-500 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion car (30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, Mayor ea, none voting Nay that the ing resolution be passed. follow - RESOLUTION WHEREAS, the CITY OF LUBBOCK and the BUREAU OF THE CENSUS entered into an agreement dated July 8, 1976, and WHEREAS, the Bureau of the Census desires to amend such agreement by extending the time for the performance under the agreement to Autust 31, 1977, NOW THEREFORE: 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 sign an amendment to the joint statistical agreement between the Bureau of the Census and the City of Lubbock, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be part of this Resolution as if fully copied herein in detail. Passed by City Council this 26th day of May, 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 i w -4 11 -- - - -- - MAY 2 6 W7 3 J.S.A. No. 76-96 'I Amendment No. 1 JOINT STATISTICAL AGREEMENT BETWEEN THE BUREAU OF THE CENSUS AND THE CITY OF LUBBOCK It is agreed that the following changes be made to Joint Statistical Agreement 76-96: 1. Add Item II. A. 9. as follows: 8. Adhere as closely as possible to the following schedule: a. Complete the review and correction of the first -cycle TOPOEDIT by May 13, 1977; b. Complete the review and correction of the second -cycle TOPOEDIT and the first -cycle ADDEDIT-L by July 22, 1977; and c. Complete the review and correction of the second cycle ADDEDIT-L and the update of the reproducible MMS by August 31, 1977. 2. Change Item II. F. to read as follows: F. This Agreement shall become effective on June 1, 1976, and shall extend through August 31, 1977. The Local Agency shall furnish the Bureau with the completed work speci- fied in this agreement no later than August 31, 1977. The Local Agency agrees to provide this project a sufficiently high priority in its total work program in order to complete the indicated work on or before the specified completion date. If the specified work under this Agreement is not or will not be completed by the specified date above or any scheduled date under Item II A 8 will not be met, the Local Agency is required to provide justification in writing to the Bureau as soon as the local Agency determines that the Agreement cannot be fulfilled, but no later than 30 days prior to the completion date specified above. 3. Delete Item II. J. in its entirety. 4. Add Items II. J., K., L., M., and N. as follows: J. Unless otherwise specified in this Agreement, only CUE/CREATE procedures and computer software may be used to fulfil the requirements of this Agreement. These procedures are described in the manuals listed in Item IE. Prior written approval must be obtained from the Bureau before locally developed procedures may be used under this Agreement. K. Any modification of the terms or conditions of this Agreement must be in writing and �I by mutual consent. The Local Agency will furnish monthly progress reports to the Bureau in the form and manner specified by the Bureau during the period of this Agreement. L. The Local Agency shall maintain financial records in accordance with applicable Federal regulations, and shall make such records available to the Bureau of the Census or other Federal agencies during normal business hours for a period ending three years after completion of this Agreement. I The Local Agency also certifies that the funds being paid to them by the Bureau under this Agreement represent no more than one-half of the total cost to prepare the pro- ducts itemized in this Agreement and that the other funds are not funds from other Federal programs except where specifically permitted in that Federal program. M. upon completion of the work required for a payment under this Agreement, as specified in Item II B 7, an invoice should be submitted to: Chief, Geography Division Bureau of the Census Washingtong. D. C. 20233. N. If any or all of the work specified under this Agreement to be performed by the Local Agency will be performed by a third party, the work performed and the third party agreement shall meet the specifications set forth in this Agreement and a copy of the third party agreement shall be submitted by the Local Agency to the Bureau. All other terms and conditions remain unchanged. THE CITY OF LUBBOCK By: /s/ Roy Bass, Mayor Date: 5/26/77 THE BUREAU OF THE CENSUS /s/ Robert L. Hogan Date: April 29, 1977 77-36-191-501 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor (31) 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 Funding Agreement between the City of Lubbock and the 192 MqY 2 6 1977 Urban Renewal Agency of the City of Lubbock in regard to the 1977 Community Development Program and the funding of such Program, 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 26th day of May, 1977. Isl Roy Bass ATTEST: ROY BASS, MAYOR^ Isl Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Agreement set in on o2posite page 192a. 77-36-192-502 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor (32) 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 Community Development Block Grant Funding Agree- ment as offered by the Department of Housing and Urban Development in the amount of $5,328,000.00 for the Program Year from June 1, 1977, to May 31, 1978, 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 Council this 26th day of May, 1977. Attest: Isl Roy Bass ROY BASS, MAYOR Isl Treva Phillips Treva Phillips, City Secretary -Treasurer Approved as to form;: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney See Contract on file in the Office of the City Secretary. 77-36-192-503 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7457 on first reading. ORDINANCE NO. 7457 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: TRAFFIC SIGNAL BOND FUND The sum $3,400.00 For the following purpose: Signal modification at 50th Street and Indiana Avenue. 77-36-192-504 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (34) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION PROVIDING FOR NOTICE OF MEETING PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE APPROVING OF AMENDED URBAN RENEWAL PLAN FOR COMMUNITY DEVELOP- MENT REHABILITATION AND REDEVELOPMENT AREA NUMBER 10, AND PROVIDING FOR NOTICE OF SUCH MEETING AND HEARING WHEREAS, the Urban Renewal Law of the State of Texas requires the City Council to hold a public hearing on a proposed Urban Renewal Plan or an amendment to such plan before it may approve the Urban Renewal Plan or amended plan after notice of hearing has been given by publica- tions in the manner described and the City Council may proceed with such hearing after it has received recommendations from the Planning and Zoning Commission and the Urban Renewal Agency as to a Plan conforming with the general plan for development of the City as a whole: and WHEREAS, the amended Urban Renewal Plan for Community Development Rehabilitation and Redevelopment Area No. 10, was reviewed and approved by the Planning and Zoning Commission on May 5, 1977, and by the Urban Renewal Agency of the City of Lubbock on April 19, 1977, and recommendations were made to the City Council; and 192a. MAY 2 6 1977 77-26-191-501 FUNDING AGREEMENT BETWEEN THE (31) CITY OF LUBBOCK, TEXAS, AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THIS Agreement made and entered into by and between the CITY OF LUBBOCK, TEXAS, a Homerule Municipal Corporation (hereinafter called "CITY") and the URBAN RENEWAL AGENCY of the City of Lubbock, Texas, (hereinafter called "AGENCY"); WITNESSETH: WHEREAS, the CITY is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Development Act of 1974; and WHEREAS, the AGENCY is a public body corporate and politic created pursuant to Art. 1269L-3, V.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the CITY desired to contract with the AGENCY to provide and do certain activi- ties and services pursuant to the Housing and Community Development Act of 1974 and the related rules and regulations of the Department of Housing and Urban Development, and said AGENCY is authorized by law and is willing to carry out such activity; NOW, THEREFORE, the CITY and the AGENCY do hereby mutually agree as follows: The AGENCY agrees to perform and do such activities as may be necessary to provide the rehabilitation and relocation assistance programs, as well as acquire such real estate as may be deemed necessary as set forth and described in the Community Development Plan for the year beginning June 1, 1977 and continuing to May 30, 1978, in such areas of the CITY heretofore designated as "Community Development Rehabilitation and Redevelopment Areas", which bear speci- fic designations as "Area 6B", "Area 8", "Area 18" , "Area 21B" and "Area 24" all of which are on file in the Office of the City Secretary to which reference is hereby made and by such reference are made a part hereof for all purposes. The named and described areas are included within the Community Development Plan for CITY by specific Urban Renewal Plans duly approved and adopted by the City Council, pursuant to and under the authority of Article 1269L-3, V.A.C.S. Plans for each of the said areas are incorporated within the Community Development Plan and include the objectives, land -use plan, technique for carrying out each plan, procedures for changing any plan, property rehabilitation standards, specific restrictions, boundary descrip- tions, and acquisition maps for the area shown therein, all adopted by the City Council in ac- cordance with law, all of which are on file in the Office of the City Secretary and the Office of the Executive Director of the URBAN RENEWAL AGENCY and to all of which reference is hereby made and by such reference all same is made a part hereof for all purposes as though fully copied herein. The governing body of the AGENCY, the Agency's Board of Commissioners, shall adopt such policies as may be necessary to guide the AGENCY in the execution of the obligation and activi- ties authorized by this agreement. Such policies shall be adopted after consideration of recommendations made by the Director of Planning of the CITY and the Executive Director of the AGENCY. It is understood and hereby agreed that it shall be the responsibility of the AGENCY to implement the Community Development Plan, under which an Urban Renewal Plan for each of the above areas has been adopted and to this end the AGENCY shall be responsible and obligated to do and provide the following: 1. Rehabilitation. All rehabilitation of residential and commercial structures, if any, through the programs carried forward in the Community Development Plan pursuant to the Housing and Community Development Act of 1974, and Section 312 of the Housing Act of 1949, as amended, within the above designated areas within the CITY OF LUBBOCK will be performed and carried out by the AGENCY in accordance with the Urban Renewal Plan for such areas. Rehabilitation assistance will be provided in the form of a no -interest, deferred -payment loan. 2. Relocation. All relocation assistance programs available to families, individuals and busineses displaced by and through the Community Development Plan of the CITY within the above -designated areas for which Urban Renewal Plans have been adopted will be provided by the AGENCY. Further, the AGENCY will act as the Central Relocation Agency for the CITY OF LUBBOCK, providing such technical services to the CITY as the CITY deems necessary and desirable in connection with relocation assistance to families, individuals and businesses displaced by governmental action of the CITY, within the boundaries of the CITY, including real estate acquisition by the CITY. In this connection, the AGENCY will be reimbursed by the CITY for its administrative and other costs in providing such services and technical assistance. The AGENCY agrees to comply with and will maintain the appropriate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the Department of Housing and Urban Development pertaining to the said Act, and the Housing and Community Development Act of 1974 with respect to relocation assistance and services provided hereunder. 3. Real Estate Acquisition. The AGENCY agrees to acquire by purchase, dedication or eminent domain proceedings such properties within the above -designated areas set forth in the Community Development Plan for the CITY as are reasonably necessary to achieve the Urban Renewal objectives within the said areas. MAY 2 u 1977 The AGENCY agrees to comply with and will maintain the appropriate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the Department of Housing and Urban Development pursuant to said Act, and the Housing and Community Development Act of 1974, in the acquisition of properties pursuant to the Community Development Plan of the CITY. 4. Public Im rovements. The AGENCY shall make or cause to be made such public improve- ments within the above -designated Urban Renewal areas as are set forth in the approved budget, and amendments thereto. 5. Non -Discrimination. The AGENCY in for the CITY shall not deny benefits of the the grounds of race, color, religion, age, II. carrying out of the Community Development Plan program to or discriminate against any person on sex or national origin. The CITY hereby designates and authorizes the AGENCY to carry out all rehabilitation, relocation assistance, and real estate acquisition set forth in the Urban Renewal Plans adopted pursuant to the Community Development Plan for the CITY for the year beginning May 30, 1977, and ending May 29, 1978. The CITY agrees to provide funds in the amount of $2,464,560.00 to the AGENCY for the purpose of rendering and performing the services herein agreed upon for rehabilitation, reloca- tion assistance, real estate acquisition, administrative and/or other costs, including public improvements, set out in the Exhibit "A:, which is attached hereto and by reference made a part hereof, provided that the CITY's provision of such funds is wholly contingent upon the CITY'S receipt of such funds from the Department of Housing and Urban Development. Amend- ments to the attached Exhibit "A" which constitute a change in the total funding of each area authorized by this funding agreement may be made by the AGENCY, which singly or cumulatively constitute a shift of funding of an amount greater than 20% of the amount allocated for each area after approval by the Agency's Board of Commissioners and the City Council. Any amend- ment of such Exhibit that amounts to less than 20% may be made subjct only to approval of the City Manager. It is further agreed and understood that the AGENCY shall submit progress re- ports as requested throughout the term of this agreement to the City Manager, acting by and through the Director of the Community Development Department of the CITY OF LUBBOCK or other person designated by him. The CITY hereby designates and authorizes the AGENCY to act as the Central Relocation Agency of the CITY OF LUBBOCK and agrees that the AGENCY shall provide technical services and assistance upon its request to families, individuals and businesses displaced by governmental action in the CITY OF LUBBOCK, including Real Estate Acquisition for the term of this agreement. The AGENCY agrees and is hereby bound in the execution of the activities authorized by this agreement by the requirements and provisions as set forth in Exhibit "B" identified as Part II - Terms and Conditions, Funding Agreement Community Development Block Grant Program, consisting of nine (9) pages attached hereto and by this reference is made a part hereof for all intents and purposes. EXECUTED this 26th day of May, 1977. CITY OF LUBBOCK, TEXAS ATTEST: BY: /s/ Roy Bass _ /s/ Treva Phillips __- ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer 1. 93 MAY 2 6 1977 s r WHEREAS, said amended Renewal Plan has been reviewed by the City Council of the City of Lubbock; and WHEREAS, it is the purpose and intent of the City Council of the City of Lubbock, on this date and at this time and place specified in the form of notice contained in Section 1 hereof, to hold a public hearing on the question of adopting a resolution to approve and adopt the said amended Urban Renewal Plan substantially in the form of the resolution set forth in the form of notice: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following notice is hereby ordered to be published by the City Council of the City of Lubbock, said notice to be published in the June 12, 1977, June 26, 1977, and July 3, 1977, issues of the Lubbock Avalanche -Journal (the official newspaper of the City of Lubbock) said notice to be in the following form, to -wit: "NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERN- ING APPROVAL OF THE AMENDED URBAN RENEWAL PLAN FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREA NUMBER 10." "Pursuant to the provisions of the Urban Renewal Law of the State of Texas, notice is hereby given that the City Council of the City of Lubbock will meet at the City Hall in the City Council Chamber on the 14th day of July, 1977, at 9:30 o'clock A.M., C.D.T., at which time and place said Council will conduct a public hearing on the question of, and will consider and determine whether or not it will approve an amended Urban Renewal Plan for the Community Develop- ment Rehabilitation and Redevelopment Area No. 10, amended as set forth on the attached Exhibit URP III entitled "Land Acquisition Map" and dated April 18, 1977, by passing a resolution sub- stantially as follows: "RESOLUTION APPROVING AN AMENDED URBAN RENEWAL PLAN FOR COMMUNITY DEVELOPMENT REHABILITATION AND REDEVELOPMENT AREA NUMBER 10." WHEREAS, An Amended Urban Renewal Plan for Community Development Rehabilitation and Re- development Area No. 10, amended as hereinafter set forth by Exhibit URP III, dated April 18, 1977, and made a part hereof, has been reviewed by and approved by the Planning and Zoning Commission of the City of Lubbock and by the Urban Renewal Agency of the City of Lubbock; and WHEREAS, said proposed Amended Urban Renewal Plan conforms to the general plan of develop- ment of the City as a whole and is compatible to the existing and proposed land uses, the thoroughfare plan, and recreational and community facilities of the area; and WHEREAS, a feasible method exists for the relocation of families or individuals who will be displaced from the Urban Renewal Area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families or individuals; and WHEREAS, said Urban Renewal Plan, as amended, will afford maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation or redevelopment of the Urban Renewal Areas by private enterprise; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Amended Urban Renewal Plan for Community Development Rehabilitation and Redevelopment Area No. 10, amended as set forth by Exhibit URP III, attached hereto and made a part hereof, be and is hereby approved and adopted. ATTEST: ROY BASS, MAYOR Treve Phillips, City Secretary -Treasurer SECTION 2. THAT the City Council shall met on the date and at the time and place specified in the form of notice contained in Section 1 hereof and shall then and there hold a public hearing on the question of and consider and determine if it should adopt a Resolution substantially in the form set forth in said form of notice. Passed by the City Council of the City of Lubbock this 26th day of May, 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 77-36-193-505 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (35) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7458 on first reading. ORDINANCE NO. 7458 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 194 MAY 2 6 1977 There is hereby appropriated out of the following described bond fund, to -wit: Sewer Bond Fund The sum $51,000.00 For the following purpose: Supplement Sewer Pro Rata Fund for purpose of making refunds to developers where due. 77-36-194-506 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (36) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7459 on first reading. ORDINANCE NO. 7459 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Project Fund The sum, $38,000.00 For the following purpose: Construct 16" water main in 66th Street from Indiana Avenue to Elgin Avenue and in Indiana from 90th Street to 95th Street ahead of paving. 77-36-194-507 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (37) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the Brownfield Highway Distribution Main and authorize final payment to Panhandle Construction Company in the amount of $20,217.83. Certificate of Completion Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On May 13, I inspected the Brownfield Highway Distribution Main constructed by Panhandle Construction Company under contract dated October 14, 1976 and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the contractor. Very truly yours, /s/ Guy W. Wilson Wilford D. Watson City Engineer 77-36-194-508 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (38) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Lots 132 thru 227, Mesa Park Addition. WHEREAS, the developer of Lots 132 thru 227, Mesa Park 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 $63,575.24 with the improvements con- structed by Panhandle Construction Company having a value of $52,336.62 as determined by the unit prices established by said Chapter 34, and $11,238.63 cash paid to the City, with Mesa Park Association, the developer, to receive a refund of $3,561.13 in accordance with Chapter 34 of the Code of the City of Lubbock, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $3,561.13 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. 1.95 MAY 2 6 1977 ■ 6" PASSED AND APPROVED THIS 26th DAY OF May, 1977. ATTESTED: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED: APPROVED: /s/ Wilford D. Watson /s/ Fred 0. Senter, Jr. Wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney 77-36-195-509 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (39) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize Change Order No. 2 to the contract with Brown McKee, Inc. for modification to the Municipal Water Treatment Plant. Change Order No. 2. Modification to Municipal TO•• Brown - McKee, Inc. Water Treatment Plant 906 Slaton Highway CDWO 7612 Box 2878 Lubbock, Texas 79408 Original amount of contract $319,870.00 Net amount previous change orders (deduct) 2,500.00 Net amount this change order (deduct) 17,526.00 Amended amount of contract 299,844.00 Time of completion 420 days WHEREAS, it is desirable to make changes in the plans and specifications for the project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the attached exhibits and data, the Owner and the Contractor agree that the original contract between them shall be modified to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 26th day of May, 1977. CITY OF LUBBOCK OWNER By/s/ E. Jack Brown By /s/ Roy Bass Contractor Roy Bass, Mayor ATTEST: /s/ Treva Phillips City Secretary -Treasurer RECOMMENDED FOR APPROVAL /s/ Guy W. Wilson City Engineer /s/ Larry Cunningham City Manager BREAKDOWN OF CHANGE I. Additions 1. Add 7" x 5/16" rubber to collector arm flights 2. Add 1/4" x 6" back-up plates to collector arm flights 3. Add 1/2" stainless steel bolts on 12" centers to assemble rubber and back-up plates to collector arms. II. Deductions 1. Omit basin floor grout, expansion joint materials and sand blasting of floors. 77-36-195-510 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (40) Councilmen West, Jordan, Henry and McAlister voting yea, none voting Nay that the following resolution be passed. RFCnT_TTT Tl1N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an ALLEY USE LICENSE in favor of TAMARACK PETROLEUM COMPANY, INC., A Wisconsin Corporation, as Licensee, 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 26th day of May, 1977. ATTEST: /s/ Roy Bass_ ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: .a 196 MAY 2 6 1977 /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS I ALLEY USE LICENSE COUNTY OF LUBBOCK I This indenture made this 26th day of May, 1977, between the CITY OF LUBBOCK, TEXAS, A Home Rule Municipal Corporation, and TAMARACK PETROLEUM COMPANY, INC., A Wisconsin Corporation, acting by and through its undersigned officers hereunto duly authorized to act on its behalf, 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 alley to con- struct and maintain a two inch fiberglass water line to be laid at least 36 inches below the ground surface of the alley, according to plans as approved by the Director of Public Works, and the City Engineer of the City of Lubbock, in, under, across and upon the following described portion of dedicated public alley, to -wit: A 2" fiberglass underground water line in the East-West Alley of Block 2, Lemon Subdivi- sion to the City of Lubbock, Lubbock County, Texas, as follows: BEGINNING in the East line of Mulberry Avenue a distance of 5.5 feet South of the North line of the East-West Alley of Block 2, Lemon Subdivision; THENCE Northeasterly, parallel to the North line of said alley, a distance of 480.0 feet to a point. 1. The terms of this grant shall be from year to year not to execeed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said Notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE at P. 0. Box 2046, Midland, Texas 79701, or to last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such 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 $200.00 payable in a lump sum advance with this agreement is executed for said twenty years at the rate of $10.00 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-alignmentof any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or fran- chised 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 comtemplated 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 main - with any contractors hired by LICENSEE to perform the construction, repair or tenance and use permitted herein. The CITY OF LUBBOCK, at its option, may require an agmaintenancereement permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or 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, convenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or de- mands 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. 3 197 MAY 2 6 1 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representative, assigns and the duly authorized agents and 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 successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph 5. 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that ?MI` 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 ter- mination or cancellation of this license. CITY OF LUBBOCK ATTEST: BY: /s/ Roy Bass /s/ Treva Philli s ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer AGREED TO AND ACCEPTED this 26th day of May, 1977. LICENSEE: TAMARACK PETROLEUM COMPANY, INC. APPROVED: BY: Its: /s/ Fred 0. Senter, Jr. Title or Position Fred 0. Senter, Jr., City Attorney APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer 77-36-197-511 Motion was made by Councilwoman Jordan, seconded by Councilman West,mcion carried, Mayor Bass, (41) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve Change Order No. 1 on General Construction Contract LB 400 Holly Steam Unit No. 2. ENGINEER'S JOB No. LB-400 CHANGE ORDER No. 1 ISSUED DATE May 5, 1977 AMOUNT (Pius) $6,074.42 To TALON CONSTRUCTION COMPANY CONTRACTOR FOR additional materials and labor in connection with the General Construction LB-400 FOR OWNER Lubbock Power & Light YOUR PROPOSAL FOR MAKING THE FOLLOWING CHANGES HAS BEEN ACCEPTED: 1. 1 - 3" air relief valve/assembly $ 610.00 20' - 8" PVC Pipe @ $3.53/ft 70.60 18 manhours @ $6.50/hr 117.00 Labor tax @ 14% 16.38 Subtotal $ 813.98 10% Overhead 81.40 Subtotal $ 895.38 10% Profit 89.54 Subtotal $ 984.92 2. 565.5 LF Excavation & Backfill @ $1.00/Lf 565.50 565.5 LF 8" Pipe @ $8.00/Lf $4,524.00 TOTAL $ 6,074.42 THE AMOUNT OF THE CONTRACT WILL BE (INCREASED) IN THE SUM OF: SIX THOUSAND and Seventy -Four and 42/100------------------------ Dollars ($6,074.42) WITH (NO CHANGE) IN THE CONTRACT TIME OWNER'S APPROVAL /s/ Bill Wood TIPPETT & GEE, INC. ENGINEER DATE MAY 26, 1977 by /s/ Charles A. Doby, P.E. 77-36-197-512 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- (42) Bass, Councilmen nance No. 7460 on first reading. ORDINANCE N0. 7460 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; �I 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: ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND FUND. The sum $6,074.42 For the following purpose: For change Order #1 on general construction contract LB 400 for additional piping and excavation on waste water line. MAY 2 6 1977 77-36-198-513 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (43) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed, canvassing returns and declaring results of an election held May 21, 1977. MINUTES PERTAINING TO PASSAGE AND ADOPTION OF RESOLUTION CANVASSING RETURNS AND DECLARING RESULT OF A CITY BOND ELECTION THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK ON THIS, the 26th day of May, 1977, the City Council of the City of Lubbock, Texas, convened in regular session at the regular meeting place thereof in the City Hall, the meeting being open to the public and notice of said meeting, giving the date, hour, place and subject thereof, having been given as prescribed by Article 6252-17, Section 3A, V.A.T.C.S., the following members being present and in attendance, to wit: ROY BASS MAYOR DIRK WEST MAYOR PRO TEM CAROLYN JORDAN COUNCILWOMAN BILL R. McALISTER COUNCILMAN ALAN R. HENRY COUNCILMAN AND TREVA PHILLIPS CITY SECRETARY -TREASURER AND LARRY J. CUNNINGHAM CITY MANAGER also being present; and with the following absent None, constituting a quorum; and among other business considered at said meeting, a resolution was submitted to the City Council for adop- tion and passage, such resolution being entitled as follows: "Resolution Canvassing Returns and Declaring Results of Bond Election Held May 21, 1977" The resolution was read in full. Thereupon, Councilwoman Jordan moved its adoption, and the motion was seconded by Councilman Henry. The motion carrying with it the adoption of the resolution prevailed by the following vote: AYES: Mayor Bass and Councilwoman Jordan and Councilmen West, McAlister and Henry. NOES: None. The presiding Officer announced that the resolution had been passed and adopted. MINUTES APPROVED, this the 26th day of May, 1977. /s/ RoyBass ATTEST: Mayor, City of Lubbock, Texas /s/ Treva Phillips City Secretary, City of Lubbock, Texas (City Seal) RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF BOND ELECTION HELD MAY 1, 1977 THE STATE OF TEXAS I COUNTY OF LUBBOCK X CITY OF LUBBOCK X WHEREAS, this governing body resolved and ordered that an election be held within this . y City on the 21st day of May, 1977, for the purpose of submitting certain propositions for the issuance of bonds to the resident electors of the City; and WHEREAS, it is hereby found and determined that said election was held in accordance with the authorizing proceedings, that notice of the election was duly given in the form, manner and time required by law, and that said election was in all respects legally held and conducted in accordance with the laws of the State of Texas applicable thereto; and WHEREAS, the returns of the said election have been made to this governing body and said ; returns, duly and legally made, show the following votes were cast on the propositions submitted at said election, to wit: PROPOSITION NUMBER 1 "THE ISSUANCE OF $16,775,000 WATERWORKS IMPROVEMENT BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF" "FOR" "AGAINST" 3,962 votes 1,885 votes TOTAL VOTES CAST 5,847 votes 199 MAY 2 6 1977 PROPOSITION NUMBER 2 "THE ISSUANCE OF $3,303,000 SEWER SYSTEM IMPROVEMENT BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF" "FOR" 3,734 votes "AGAINST" 2,099 votes TOTAL VOTES CAST 5,833 votes PROPOSITION NUMBER 3 "THE ISSUANCE OF $473,000 STORM SEWER AND DRAINAGE BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF" "FOR" 3,709 votes "AGAINST" 2,121 votes TOTAL VOTES CAST 5,830 votes PROPOSITION NUMBER 4 "THE ISSUANCE OF $4,782,000 STREET IMPROVEMENT BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF" "FOR" 3,672 votes "AGAINST" 2,148 votes TOTAL VOTES CAST 5,820 votes PROPOSITION NUMBER 5 "THE ISSUANCE OF $792,000 FIRE STATION BUILDING BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF" "FOR" 3,761 votes "AGAINST" 2,068 votes TOTAL VOTES CAST 5,829 votes PROPOSITION NUMBER 6 "THE ISSUANCE OF $310,000 FIRE STATION BUILDING BONDS (ADJACENT AREAS, WHEN ANNEXED) AND THE LEVYING OF THE TAX IN PAYMENT THEREOF" "FOR" 3,582 votes "AGAINST" 2,225 votes TOTAL VOTES CAST 5,807 votes THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That all of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its judgment. SECTION 2: That it is further found and determined that the results of the election as canvassed and tabulated in the preamble hereof reflect the expressed desires of those persons voting at said election. SECTION 3: That in conformity with law, this governing body is authorized to issue the bonds on behalf of said City in the amounts and for the purposes mentioned in propositions numbered 1, 2, 3, 4, 5 and 6 set forth in the proceedings calling the election with respect to said proposition. SECTION 4: This resolution shall be in force and effect from and after its passage and IT IS SO RESOLVED. PASSED AND APPROVED, this the 26th day of May, 1977. /s/ Roy Bass _ ATTEST: Mayor, City of Lubbock, Texas /s/.Treva Phillips _ City Secretary, City of Lubbock, Texas (City Seal) 77-36-199-514 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (44) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to approve audit proposal for Community Development funds. The Honorable Roy Bass, Mayor r.11W AWO MAY 2 6 1977 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 The City of Lubbock is the recipient of a grant under Title I of the Housing and Community Development Act of 1974. This grant has an annual budget of approximately $5,000,000. The City has contracted with the Urban Renewal Agency of Lubbock to provide a major portion of the services covered by the grant. The grant is administered by HUD and an audit of the grant is required at least once every two years. The audit will cover the period from May 30, 1975, through March 31, 1977. The maximum fee for the audit will be four thousand five hundred dollars ($4,500). 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. APPROVED: /s/ Roy Bass_ Roy Bass, Mayor /s/ Larry J. Cunningham,_ Larry J. Cunningham, City Manager May 26, 1977 Date Very truly yours, /s/ Larry Anderson, CPA Partner 77-36-200-515 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (45) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, that the follow- ing resolution be passed. RESOLUTION WHEREAS, the United States of America has provided for Uaban Mass Transportation Operat- ing Assistance projects under the Urban Mass Transportation Act of 1964 as amended, and WHEREAS, the City of Lubbock has submitted an application for such grant assistance and such application has been approved, NOW THEREFORE: 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 to execute for and on behalf of the City of Lubbock an Urban Mass Transportation Operating Assistance Grant Contract, Project Number PX-05-4021, for the continued or improveed operation of the Lubbock Transit Corporation for the project time period of October 1, 1975, through September 30, 1976, and further, the City of Lubbock acting through the Mayor and City Council hereby agrees to the terms and conditions set forth in such grant agreement. Passed by the City Council this 26th day of May, 1977. ATTEST: /s/ Roy Bass _ /s/ Treva Pbilli s ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr, City Attorney URBAN MASS TRANSPORTATION OPERATING ASSISTANCE GRANT CONTRACT PART I GRANTEE: City of Lubbock, Texas Project No. TX-05-4021 MASS TRANSPORATION SYSTEM: Lubbock Transit Corporation PROJECT TIME PERIOD: October 1, 1975 through September 30, 1976 ELIGIBLE PROJECT OPERATING EXPENSES: Four Hundred Eighty -One Thousand, Eight Hundred Eighty - One Dollars $481,881). FEDERAL SHARE: One Hundred Sixty -Two Thousand, Fifty -Seven Dollars ($162,057). DATE OF 13(c) CERTIFICATION LETTER FROM THE DEPARTMENT OF LABOR: October 5, 1976 THIS CONTRACT, effective on the date below specified, by and between the United States of America (the "Government") and the Grantee named on page one of this Grant Contract, WITNESSETH: r.11 r F F. MAY 2 6 797; In consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: Sec. 1. Pur ose of Contract - The purpose of this Contract is to provide for the under- taking of an urban mass transportation operating assistance project (the "Project") with Government financial assistance to the Grantee in the form of an operating assistance grad to (the "Grant"), under the Urban Mass Transportation Act of 1964, as amended (the "Act"), state the terms and conditions upon which such assistance with be provided and the manner in which the Project will be undertaken. Sec. 2. The Grant Contract- This Contract consists of this Part I entitled Urban Mass Transportation Operating Assistance Grant Contract, and Part A -II, entitled Grant Contract, Operating Assistance, Part A -II, Terms and Conditions. Sec. 3. The Project - The Project involves the continued or improved operation of the mass transit system named on page one of this Grant Contract for the time period described on page one. The Grantee agrees to provide for the continued or improved operation of the system, substantially as described in its Application, filed with and approved by the Government, incor- porated in this Agreement by reference, and in accordance with the terms and conditions of this Contract. 1 Sec. 4. The Grant - In order to assist the Grantee in financing the project operating expenses that are eligible for Federal financial assistance (herein called "Eligible Project Operating Expenses"), such Eligible Project Operating Expenses being estimated to be the amount appearing on page one of this Grant Contract, the Government will make a Grant in an amount not to exceed 50% of the Eligible Project Operating Expenses, as determined by the Department of Transportation (DOT) upon completion of the Project, or in the amount designated as Federal Share on page one of this Grant Contract, whichever is the lesser. Federal funds made available under this Section will be from available Section 5 apportioned funds. For purposes of this Grant Contract "Eligible Project Operating Expenses" must be in con- formance with the requirements of Federal Management Circular 74-4 (FMC 74-4), "Cost Principles Applicable to Grants and Contracts with State and local Governments" and with any guidelines or regulations issued by UMTA. The Grantee agrees that it will provide from sources other than Federal funds or revenues from the operation of public mass transportation systems, an amount sufficient, together with the Grant, to assure payment of Eligible Project Operating Expenses in an amount equal to the amount provided under this Grant Contract. The Grantee further agrees that no refund or reduc- tion of the amount provided under this Grant Contract will be made so as to lower the local share below the Federal share at any time, unless there is at the same time a refund to the Government of an equal amount. Sec. 5. Maintenance of Effort - The Grantee agrees that the Federal financial assistance provided pursuant to this Grant Contract will be supplementary to and not in substitution for the average amount of State and local government funds and other transit revenues, as defined in guidelines or regulations issued by UMTA, expended on the operation of mass transporta- tion service in the area involved for the two fiscal years preceding the fiscal year for which the funds are made available. Any failure on the part of the Grantee to comply.with this Section shall be deemed a viola- tion of the terms of this Contract, and the Government may in its discretion take either or both of the following actions: (a) terminate all of the financial assistance provided pursuant to this Grant Contract. Sec. 6. Use OF Project Funds - The Grantee agrees that the Federal financial assistance provided under this Grant Contract shall be applied to the Eligible Project Operating Expenses incurred in the provision of mass transportation service within the urbanized area served by the Grantee as described in the Application with respect to the Project time period described on page one of this Grant Contract. If, during such period, any Federal financial assistance provided pursuant to this Grant Contract is not so applied, the Grantee shall immediately notify the Government. The Grantee shall keep satisfactory records in the manner described in Part A -II of this Grant Contract with regard to the use of Federal financial assistance provided pursuant to this Grant Contract and shall submit upon request such information as the Government may require in order to assure compliance with the Section. Sec. 7. Labor Protection - The Grantee agrees to undertake, carry out, and complete the Project under the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Project and meeting the require- ments of Section 13(c) of the Act. These terms and conditions are specified in the letter of certification to the Government from the Department of Labor on the date indicated on page one of this Grant Contract, which letter is incorporated into this Grant Contract by reference. Sec. 8. Minorit7 Business Enterprise - In connection with the performance of this Contract. the Grantee will provide for the maximum utilization of minority business enterprises and will use its best efforts to insure that minority business enterprises shall have the maximum practi- cable opportunity to compete for contract and subcontract work under this Contract. Sec. 9. Compliance with Environmental Standards - The Grantee shall comply with the pro- visions of the Clean Air Act, as amended (42 U.S.C. 1857 et seq.); the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.); and implementing regulations issued by the Environmental Portection Agency, in the facilities which are involved in the Project for which Federal assistance is given in this Grant provided that nothing in this Grant Contract shall `' 2 MAY 2 G 1977 be construed to make any such laws or implementing regulations applicable except to the extent to which they would have been applicable in the absence of this Grant Contract. Sec. 10. Special Conditions A. The Grantee agrees and assure that the rates charged elderly and handicapped persons during nonpeak hours for transportation utilizing or involving the facilities and equipment financed pursuant to this Grant Contract will not exceed one-half of the rates generally appli- cable to other persons at peak hours, whether the operation of such facilities and equipment is by the applicant or is by another entity under lease or otherwise. B. The Grantee agrees that it or any operator of mass transportation for the Grantee, will not engage in charter bus operations outside of the urban area within which it provides regular- ly scheduled mass transportation service except in accordance with an agreement providing fair and equitable arrangements under the terms of Section 3(f) of the Act. Such agreement, when executed, shall be incorporated in this Grant Contract by reference, and be in addition to the Secretary's contract remedies and rights contained herein. C. The Grantee agrees that it, or the operator of Project equipment, will not engage in school bus operations, exclusively for the transportation of students and school personnel, in competition with private school bus operators. It is understood that this subsection does not apply (1) to a Grantee which operates a school system in the area to be served and operates a separate and exclusive school bus operation for this school system, (2) where private school bus operators are unable to provide adequate transportation at reasonable rates, and in confor- mance with applicable safety standards, or (3) with respect to any State or local Public Body or agency thereof if it (or a direct predecessor in interest from which it acquired the func- tion of so transporting school children and personnel along with the facilities to be used therefor) was so engaged in school bus operations any time during the twelve-month period immediately prior to the enactment of Section 3(g) of the Act. A violation of this agreement shall bar the Grantee from receiving any other Federal financial assistance under the Act. Sec. 11. Offer and Acceptance A. Execution of Contract - This Contract may be simultaneously executed in several counter- parts, each of which shall be considered to be an original having identical legal effect. B. Offer - When dated and signed by the Government, this instrument shall constitute an offer which should be accepted by the Public Body by execution within sixty (60) days of such date. The Government may withdraw any offer not accepted within the above sixty-day period. Upon acceptance of the offer the effective date of the Contract shall be the date on which this offer was executed by the Government. The Government has duly executed this offer this 6th day of May,1977. BY /s/ J. Preme TITLE: ASSOCIATE ADMINISTRATOR C. Acce tance - The Grantee does hereby rafity and adopt all statement, representations, warranties, covenants, and agreements contained in the Application and supporting materials submitted by it, and does hereby accept the Governments's offer and agrees to all of the terms and conditions thereof. Executed this 26th day of May, 1977. /s/ LOX Bass Mayor 77-36-202-516 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (46) 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 an Agreement with the COMMISSIONERS' COURT OF LUBBOCK COUNTY, TEXAS, for Control Services Agreement, attached herewith which shall be spread upon Council and as spread upon the Minutes of this Council shall constitute Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of May, 1977. ATTEST: /s/ Roy Bass /s/ Treva Phi11i s Roy Bass, Mayor Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS VECOTR CONTROL SERVICES AGREEMENT I and directed to execute funding of a Vector the Minutes of the and be a part of this r• w ,. J .-� COUNTY OF LUBBOCK X KNOW ALL MEN BY THESE PRESENTS: 2n3 MAY 2 6 197; t i THIS Agreement entered into between the Commissioners' Court of Lubbock County, Texas, acting by and through its duly authorized County Judge, hereinafter called "COUNTY" and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called "CITY." WITNESSETH: WHEREAS, the County Commissioners' Court of Lubbock County, Texas, has determined that a need exists for Vector Control Services in Lubbock County outside the City Limits of the City of Lubbock, and WHEREAS, the City of Lubbock agrees to furnish such services upon the terms and conditions stated below: 1. The City agrees to provide Vector Control Services for the entire area of Lubbock County lying outside the City Limits of the City of Lubbock, including incorporated areas within the County. 2. The City in providing this service shall pay all necessary expenses of the personnel involved in this service which shall include salaries, administration expense, fringe benefits, transportation vehicles and the maintenance and operation of such vehicles. 3. The terms of this agreement shall be for a period of three (3) years from the date of execution. It is understood and agreed however that the services contracted by this agreement shall commence before the final execution of this agreement if at all possible in order to protect the health of the citizens of Lubbock County. The monthly payments to be made under this agreement and commencement date of this agreement shall in that event be construed as commencing on the date that the City notifies the County that such service is ready to commence. 4. The County hereby agrees and obligates itself to pay to the City of Lubbock the sum of $65,072.00 which shall be payable $5,422.67 monthly. This monthly fee shall be paid by the County to the City on the day of each month. It is further understood and agreed that in the event additional mosquito applications are necessary, the County shall pay the direct cost for these additional applications. Such costs and additional expense information are set forth in the estimated cost exhibit which is attached hereto and made a part hereof. 5. This agreement may be amended or terminated upon the agreement of both parties hereto acting through a resolution of the respective governing bodies. EXECUTED THIS day of , 1977. COMMISSIONER'S COURT OF LUBBOCK COUNTY, TEXAS ATTEST: /s/ Frank Guess Frank Guess, County Clerk APPROVED AS TO FORM: /s/ Alton R. Griffin Alton R. Griffin, Criminal District Attorney EXECUTED THIS the 26th day of May, 1977. /:4*0*1V /s/ Treva Phillips._ T Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney BY: Rodrick L. Shaw Rodrick L. Shaw, County Judge CITY OF LUBBOCK BY: /s/ Roy Bass �T^ Roy Bass, Mayor 77-36-203-517 The City Council considered reallocation of general revenue sharing funds from past entitlement (47) periods. 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 approve the following proposal for reappropriation of general revenue sharing funds from past entitle- ment periods. I. Unexpended Funds Source Entitlement Period 4 5 6 REAPPROPRIATION OF REVENUE SHARING FUNDS _ Pro j ect_ _ Interest Earnings Interest Earnings Purchase of Sand Hills Electric Distribution System Total Unexpended Funds Original Appropriation $ =0= -0- 245,000 Balance $100,269.00 108,048.75 2,328.16 $210,645.91 II. Recommended Projects Entitlement Period A22lication Project Original Appropriation Proposed Appropriation Or Addition �4 m y 2 6 1977 4 Street Lighting (3)* 4 Police Training Facilities (3,5,6)* Relocation of Utilities (Indiana Avenue Extension Across Tech Campus)(6)* 4 Waterproofing of Water Reservoir Roof Decks (5)* 4 Sewer Lines Ahead of Paving (5)* 4 Waterproofing of Water Reservoir Roof Decks (5) (Jan.9,1975)** 4 Tractor with Backhoe and Loader for Cemetery (March 24, 1977)** 4 Remodeling of Ford Property 5 Remodeling of Ford Property 5 Animal Shelter Equipment 5 Mail Inserter 5 Linear Park Appraisal Total Recommended Projects $127, 000 163,675 228,000 143,000 6,026 143,000 III. Net Funds Available for Appropriations for New Projects NOTES: $ 6,078.10 5,891.62 17,848.60 3,813.11 1,426.78 7,836.33 9,915.27 47,459.19 3,540.81 16,100.00 18,000.00 12,140.00 $150,049.81 $ 60,596.10 The numbers which appear in parentheses following a project title indicate entitle- ment periods in which funds were appropriated for that project. * The cost of this project has exceeded the original appropriate by the amount indicated in the "Proposed" column. ** The use of revenue sharing funds for this project has been approved by the City Council on the date indicated, but an appropriate of specific entitlement period funds in the amount indicated in the "Proposed" column was not made by minuted action. 77-36-204-518 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (48) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7461 on first reading. ORDINANCE NO. 7461 AN ORDINANCE AMENDING SECTION 35 OF RULE VI OF THE RULES FOR THE ADMINISTRATION OF THE CIVIL SERVICE SYSTEM IN THE FIRE AND POLICE DEPARTMENTS OF THE CITY OF LUBBOCK, TEXAS SO AS TO REVISE GRADE AND RANKING AS REGARDS ENTRANCE EXAMINATIONS AND PROMOTIONAL EXAMINATIONS FOR THE FIRE AND POLICE DEPARTMENTS OF SAID CITY; PROVIDING FOR A SEVERANCE CLAUSE AND FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. 77-36-204-519 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (49) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to approve Change Order No. 3 and authorize final payment of $3,960.80 to Cyclone Fence Sales, U.S. Steel Supply for security fencing at the Lubbock Regional Airport. TO: Cyclone Fence Sales U.S. Steel Supply Division U.S. Steel Corporation P.O. Box 5466 Arlington, Texas 76011 CHANGE ORDER NO. 3 Security Fencing Lubbock Regional Airport Lubbock, Texas ADAP Project No. 8-48-0138-07 Contract No. 1 ADAP Project No. 8-48-0138-06 Contract No. 2 General description of work included in contract: The construction of approximately 15,000 feet of 6-foot chain link security fencing and approximately 22,675 feet of barbed wire fence, including gates and other accessories and appurtenances and related items of work. Work also includes approximately 23,600 feet of barbed wire fence, gates, fence removal and other appur- tenances and related items of work around the northen part of the airport as specified in Change Order No. 2. Original amount of contract--------------------$114,810.56 Change Order No. 1--------------------------- 1,380.00 Change Order No. 2------------------------------ 31,671.00 Change Order No. 3------------------------------ -0- Adjusted Contract Price ----------------- $147 861.56 Adjustment in Construction Time: Original Time for Completion 180 Days Change Order No. 1--------- Add 120 Days Change Order No. 2--------- Add 90 Days Change Order No. 3--------- Add 206 Days L Adjusted Time for Completion ----- 596 Days �f35 MAY 2 6 1977 MR am WHEREAS, it is desirable to make changes in the work to be constructed under this project: AND WHEREAS, during the construction time provided by the contract, other contractors were performing work for the Owner at the job site; the work of these contractors in certain instances conflicted with the work of this project resulting in the loss of working time on this project; AND WHEREAS, during the construction time provided by the contract, work was delayed on this project to allow for the harvest of crops resulting in the loss of working time on this project; AND WHEREAS, during the construction time provided by the contract, work was delayed on this project to allow for the securing of title to properties resulting in the loss of work- ing time on this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, The Owner and Contractor agree that the time allowed for completion of the project shall be extended 206 calendar days, and further agree that there shall not be an adjustment to the contract price for the extension of time. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 26th day of May, 1977. RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By /s/ B. E. Waver, Proj Eng, 5/18, 1977 APPROVED: CYCLONE FENCE SALES, Contractor By 31 , 1977 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By^ ROY BASS, Mayor, 5/26, 1977 ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary 77-36-205-520 The following bids were received for the purchase of electric items for Warehouse Stock, being (50) Bid No. 4449. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to accept the bid of Priester Supply Co., Arlington, for the pur- chase of Item 1; accept the bid of Graybar Electric Co., Amarillo, for the purchase of Item 2; accept the bid of Temple, Inc., for the purchase of Items 3, 5, 7, 9. amd 10; accept the bid of Nelson Electric Supply Co., for the purchase of Item 4; accept the bid of Nunn Electric Supply Corp., for the purchase of Items 6 and 8; accept the bid of Westinghouse Electric Supply for the purchase of Items 11, 12, 13; accept the bid of Fields and Company for the purchase of Items 14, 15 and 16. 77-36-205-521 The following bids were received for the purchase of water meter boxes for Warehouse Stock, (51) being Bid No. 4452. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to accept the bid of Industrial International for the purchase of water meter boxes for warehouse stock. 77-36-205-522 The following bids were received for the purchase of electric items for Warehouse Stock, being (52) Bid No. 4454. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to accept the bid of General Electric Supply Co. for the purchase of Items 1, 2, 3, 6, 7, 8; accept the bid of Nunn Electric Supply Corp. for the purchase of Item 4; accept the bid of Graybar Electric Co. for the purchase of Item 5. 77-36-205-523 The following bids were received for the relocation of fencing for Electric Distribution, being (53) Bid No. 4445. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilman West, Jordan, Henry and McAlister voting Yea, none voting Nay, to accept the bid of Cyclone Fence Sales, San Antonio, for the relocation of fencing for Electric Distribution. f� MAy 2 6 1977 77-36-206-524 The following bids were received for the purchase of aerosol generators for the Health Depart- (54) ment, being Bid No. 4456. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilman West, Jordan, Henry and McAlister voting Yea, none voting Nay, to accept the bid of Public Health Equipment & Supply, San Antonio, for the purchase of aerosol generators for the Health Department. 77-36-206-525 The following bids were received for the purchase of an x-ray processor for the Health Depart- (55) ment, being Bid No. 4464. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilman 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 processor for the Health Department. 77-36-206-526 The following bids were received for the purchase of arm asemblies for the Traffic Engineering (56) Department, being Bid No. 4471. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to accept the bid of Union Metal and Manufacturing, Dallas, for the purchase of arm assemblies for the Traffic Engineering Department. 77--36-206-527 The following bids were received for the purchase of chain hoists for the Civic Center, being (57) Bid No. 4477. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to accept the bid of M.B. McKee Co. for the purchase of chain hoist for the Civic Center. 77-36-206 -528 The following bids were received for the purchase of four air compressors, skid mounted, for (58) Public Works, being Bid No. 4440. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to accept the bid of Lubbock Electric Co. for the purchase of four air compressors, skid mounted, for Public Works. 77-36-206-529 The following bids were received for the purchase of two sound baskets for the Civic Center, (59) being Bid No. 4482. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to accept the bid of Ranger Metal Fab., Inc. for the purchase of two sound baskets for the Civic Center. 77-36-206-530 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (60) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to appoint Aubrey R. Anderson to the Board of Examiners and Appeals (Building). This is a four year term and will expire June 1, 1981. 77-36-206-531 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (61) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint Louis J. (Jack) Powers, and to appoint N. B. McCullough to the Electric Utilities Board. These are four year terms and will expire June 30, 1981. 77-36-206-532 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (62) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to reappoint Milton L. Smith and Harold L. Chewning to the Lubbock Public Transit Advisory Board. These are three years terms and will expire June 24, 1980. 77-36-206-533 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (63) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to pass the following resolution: PV(Zn7 MPTANT WHEREAS, the CITY OF LUBBOCK as an eligible prime sponsor and BAILEY COUNTY, TEXAS, and TERRY COUNTY, TEXAS, as local units of government entered into an agreement for the establish- ment of a CONSORTIUM AND COMPREHENSIVE MANPOWER PROGRAM, and F 2 I MAY 2 6 1977 WHEREAS, GARZA COUNTY, TEXAS, desires to become a member of such Consortium and Comprehen- sive Manpower Program, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby give its approval to the entrance of Garza County, Texas, as a member of such consortium and the Mayor BE and is hereby authorized to execute for and on behalf of the City of Lubbock an amendment to such agreement between local units of government for the establishment of a Consortium and Comprehensive Manpower Program dated April 22, 1976. Passed by the City Council this 26th day of May, 1977. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR AMENDMENT TO CONSORTIUM AGREEMENT WHEREAS, The City of Lubbock as an eligible prime sponsor and Bailey County, Texas, and Terry County, Texas, as local units of government entered into an agreement between local units of government for the establishment of a Consortium and Comprehensive Manpower Program dated April 22, 1976, and WHEREAS, the parties to such agreement desire to amend this agreement to permit the entrance into such consortium of Garza County, Texas, NOW THEREFORE: The agreement between local units of government for the establishment of a Consortium and Comprehensive Manpower Program dated April 22, 1976, Be and is hereby amended by making Garza County, Texas, a party to such agreement. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Bailey County, Texas County Judge Garza County, Texas THE CITY OF LUBBOCK, TEXAS /s/ Roy Bass ROY BASS, MAYOR Terry County, Texas County Judge County Judge 77-36-207-534 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (64) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to grant the request of Leroy Elmore and authorize public hearing be held June 9, 1977, at 1:30 P.M. on pro- posed annexation of an area south of Lubbock city limits. 77-36-207-535 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (20) 2120 - Request of W.S. Carlisle, III, to change property located east of Avenue H and north of 36th Street from "C-4" and "R-2" to "M-1" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. That "C -4" landscaping setback standards be maintained. 2. That there be no outside storage. 3. That the west bank of buildings be restricted to 30' x 50' except for mini -warehouses. Mayor Bass called for proponents and opponents to appear before the City Council. Rex Aycock appeared representing proponents in this zone change request, and presented site plan. No one appeared in opposition. Jim Bertram, Director of Planning, gave staff recommendations. Mayor Bass declared the hearing closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to pass Ordinance No. 7462 on first reading changing the zoning to C-4 Specific Use, tied to site plan, with conditions as listed on site plan. ORDINANCE NO. 7462 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS, TO -WIT: ZONE CASE NO. 2120; CHANGE LOTS 1, 2 AND 4, CARVER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO C-4 SPECIFIC USE PERMIT: PROVIDING FOR CONDITIONS; CHANGE LOT 3, CARVER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO C-4 SPECIFIC USE PERMIT; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. +vr MAY 2 6 1977 w 77-36-208-536 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (22) No. 2131 - Request of W. L. Cone to change property located south of 46th Street and west of Avenue A from "R-2" to "C-4" Zoning District. The Planning and Zoning Commission recom- mended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Don Kidd appeared in behalf of W.L. Cone, proponent in this zone change request, requesting it be approv- ed, with the added qualification that they be allowed to omit the screening fence. Wayne D. Teague also appeared in regard to this zone change request. No one else came forward; wherupon Mayor Bass announced the hearing was closed. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay, to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7463 on first reading, and allow proponents to omit the screening fence. ORDINANCE NO. 7463 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. 2131; CHANGE BLOCK 36, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO C-4 ZONING DISTRICT, LESS A TRACT OF LAND BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK, THENCE EASTERLY 368.5 FEET TO A POINT; THENCE NORTHERLY 435 FEET TO A POINT: THENCE WESTERLY 368.5 FEET TO A POINT; THENCE SOUTHERLY 435 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; SUBJECT TO CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-208-537 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (24) 2126 - Request of Burl W. Masters (for Paul Newman) to change property located south of 50th Street and east of Loop 289 by authorizing a Specific Use Permit Zone Change, under provisions of Section 23.3-1-2 of the Zoning Ordinance for a planned unit development. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: That if there were any future zoning changes requested, the rest of the undeveloped pro- perty would be considered at the same time. Mayor Bass called for proponents and opponents,:to appear before the City Council. Burl Masters appeared in support of this zone change request. No one appeared in opposition. Jim Bertram, Director of Planning gave staff recommendations. Mayor Bass announced the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, to uphold the recommendations of Planning and Zoning Commission and pass Ordinance No. 7464 on first reading, with the condition that no development be allowed with density higher than A-1 zoning. This motion carried by the following vote: Councilmen West, Jordan, Henry and McAlister voting Yea, Mayor Bass voting Nay. ORDINANCE NO. 7464 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 2126; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM R-1 TO PLANNED UNIT DEVELOPMENT ON 40 ACRES OR MORE AND LIMITED TO R-1, R-2, A-1, A-2 AND AM USES SPECIFIC USE PERMIT; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-208-538 In accordance with the above Notice of City Council Hearing, hearing was held to consider an (27) amendment to Section 22.3-20-4 of Zoning Ordinance No. 7084 - Financial institutions limited to banks or savings and loan offices. Mayor Bass called for proponents and opponents to appear before the City Council. Burl Graves, President, State Savings and Loan Association appeared requesting passage of this ordinance. Mr. Graves read a letter from Robert Edwards President of First Federal Savings and Loan, and asked that it be incorporated into the record. May 24, 1977 Honorable Mayor and City Council City of Lubbock P.O. Box 2000 Lubobck, TX 79408 Re: Request by State Savings and Loan Association for variance in Zoning Ordinance to Allow Savings and Loan Association Branch Offices in A M Zoning Dear Sirs: In regard to the above referenced zoning request, I would like to state for the record that I am in favor of a variance in the zoning ordinance to allow savings and loan branch offices in AM zones. I feel that a savings and loan branch facility is compatible with other facilities allowed in AM zones. Also, savings and loan branch offices can fulfill a need for financial services to these people generally employed in medical areas. Thank you for the opportunity to express my views in regard to this matter. Sincerely, /s/ Robert A. Edwards J. R. Blumrosen, Marjorie Kastman and Lee Stafford also appeared in favor of this ordinance. Dr. Milton Vaughn, Chairman of Planning and Zoning Commission appeared and made comments as to the Commission's position in this matter. Jim Bertram, Director of Planning, gave staff re- commendations. Mayor Bass announced the hearing was closed. After consideration of all infor- mation presented, motion was made by Councilman West, seconded by Councilman McAlister, to ,11�� MAY 2 6 7 r r I uphold the recommendation of Planning and Zoning Commission and pass ordinance on first reading amending Section 22.3-2-4 of Zoning Ordinance No. 7084 to allow banks or savings and loan offices as Specific Use. The vote on this motion was as follows: Yea - Councilmen West and McAlister; Nay -- Mayor Bass and Councilwoman Jordan. Councilman Henry abstained from discussion and voting on this item. Since this was a tie vote, Mayor Bass stated the motion does not prevail. No other action was taken on this item. 77-36-209-538a NOTICE OF PUBLIC HEARING COMMUNITY DEVELOPMENT PROGRAM On May 26, 1977, at 1:30 p.m. in the Council Chamber of the Municipal Building, the City Council of the City of Lubbock will hold a public hearing in regard to a proposed amendment of the Community Development Program authorized by Title I of the Housing and Community Development Act of 1974. Citizens are invited to attend to express their views concerning the following proposed changes to the list of projects approved for the 1976 Community Development Program: deletion of the following projects: Linear Park land acquisition, softball complex in Linear Park, park improvements in Miller and Stevens Parks, street lighting on University and Indiana Avenues from Loop 289 to 82nd Street; addition of the following projects; Fire pumper Truck for Station #5, Senior Citizens'Center, upgrading of older parks, payment of Urban Renewal loan, Park adjacent to Wheelock School, modifications and improvements to Santa Land. In accordance with the above Notice of Public Hearing, hearing was held to consider amendments to 2nd Year Community Development Program. Jim Bertram, Director of Planning, listed changes that have been advertised as follows: The following projects are advertised to be deleted from the 2nd Year Program: 1. Linear Park acquisition 2. Softball complex in Linear Park 3. Miller and Stevens Parks 4. University Avenue street lighting 5. Indiana Avenue street lighting The following projects are advertised to be added to the 2nd Year Community Development Program: 1. Fire pumper truck for Station #5 2. Senior Citizen Center 3. Upgrade older parks 4. Payment on Urban Renewal Loan 5. Park Adjacent to Wheelock School 6. Improvements to Santa Land Mayor Bass called for persons who wished to speak to come forward. Rev. Adolphus Cleveland appeared as Director of Human Services for Housing Authority of the City of Lubbock, requesting funds in the amount of $25,000 for the purpose of remodeling existing structure in Greenfair Manor for use as Community Services Center especially for sub -teen groups. He stated it would be administered by Parks and Recreation Department and staffed by CETA. Marion Moss, President of Wheelock PTA appeared and presented signatures of persons supporting acquisition of land for a park adjacent to Wheelock School. Joe Martinez appeared requesting funds to improve homes in the Arnett Benson Area, where hardship cases exist. Jim Storey, Assistant Director, Urban Renewal, appeared and answered questions regarding priorities. Hector Gonzales, Chair- man, Human Relations Commission appeared recommending a committee from Arnett Benson area work with Council on rehabilitation program. Mayor Bass suggested they work with Luciano Perez, Human Relations Director, and with Mr. Storey in establishing boundaries in the area. Mrs. Wayne Webb appeared asking that her property be deleted from Community Development. No one else came forward, whereupon Mayor Bass declared the hearing was closed. 77-36-209-539 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 above changes (listed under Item Number 28), and to add $25,000 for Greenfair Manor pro- ject Community Services Center, and to add $50,000 for park development adjacent to Wheelock School, these additions being subject to contingency funds being available. RESOLUTION A RESOLUTION AUTHORIZING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, Title I of the Housing and Community Development Act of 1974 specifies the conditions under which a recipient of Community Development Block Grant Funds may amend its application for funds; and, WHEREAS, the City of Lubbock finds it necessary to amend its application for Block Grant funds in order to undertake projects which were not included in the City's approved Community Develop- ment Program application, and to delete projects which were included in the application; NOW THEREFORE: 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 to execute for and on behalf of the City of Lubbock an amendment to the Community Development Block Grant Program approved by the Department of Housing and Urban Development (HUD) on May 26, 1976; THAT, such amendment shall consist of the deletion from the approved Community Development Program of the following projects: Linear Park land acquisition, park improvements, in Miller and Stevens Parks, Softball Complex in Linear Park, and street lighting on Indiana and University Avenues from Loop 289 to 82nd Street; AW W 2 6 1977 THAT, such amendment shall consist of the addition to the approved Community Development Program of the following projects: Fire Pumper Truck for Station #53, Senior Citizens Center, Upgrading of older parks, payment on Urban Renewal loan, park adjacent to Wheelock School, modifications ` and improvements to Santa Land, community center at Greenfair Manor public housing project; THAT, in relation to the amendment to the application, the City of Lubbock hereby reaffirm its assurance of compliance with all regulations as contained in the original application for Block Grant funds approved by HUD on May 26, 1976. Passed by the City Council this 26th day of May, 1977. Attest; /s/ RoX 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 77-36-210-540 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (26) No. 1807-A - Request of the City of Lubbock to change property bounded by and one-half block outside 4th Street, Avenue K, 10th Street and Avenue Q by amending Ordinance No. 6462 where it pertains to the regulation of advertising to comply with the City of Lubbock Zoning Ordi- nance 7084. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: That all land covered by Ordinance No. 6462 run concurrent with the sign abatement period set up in Ordinance No. 7084. Mayor Bass requested Jim Bertram, Director of Planning to present the case. Mr. Bertram stated this case was initiated at the request of Planning and Zoning Commission. Warlick Carr, Attorney representing Lubbock Poster Company appeared in opposition to this ordinance, stating they had filed application for replacement of sign and the application had been rejected; that if the ordinance is passed, he felt it would close the door on their getting the application granted. Jack Baker of Lubbock Poster Company appeared asking these permits be issed under the existing ordinance. No one else came forward, whereupon Mayor Bass announced the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, to uphold Planning and Zoning Commission and pass Ordinance No. 7465 on first reading, amending Ordinance No. 6462 to comply with Ordinance No. 7084, with one exception -- that the abatement of bill boards described in Section 5-e-5 on standards for existing billboards continue in force and standards that would apply would be those in force when it was first enacted in 1972. This motion carried by the following vote: Yea - Councilmen West, Jordan and McAlister; Nay - Mayor Bass and Councilman Henry. ORDINANCE NO. 7465 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6462 OF THE CITY OF LUBBOCK BY AMENDING CONDITION NO. 5 MADE A PART THEREOF: ZONE CASE NO. 1807-A; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-210-541 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (26a) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordi- nance No. 7466 as an emergency measure, as an interim ordinance to suspend permits of signs in that area save and except those two applied for heretofore. ORDINANCE NO. 7466 AN ORDINANCE SUSPENDING THE APPROVAL OF REQUESTS FOR BUILDING PERMITS FOR OUTDOOR ADVER- TISING SIGNS IN THE AREA ADJACENT TO THE MEMORIAL CIVIC CENTER DURING AN INTERIM PERIOD; ESTABLISHING THE INTERIM PERIOD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY; NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting, May 26, 1977. ATTEST: *YA_�SS, MAYOR Treva Phillips, City ecretary-Treasurer READ AND APPROVED THIS THE 23rd day of June, 1977. ATTES : ROY BASS, MAYOR Treva Phillips, City Se etary-Treasurer Li Cl