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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/9/1977JUN 9 1977 REGULAR CITY COUNCIL MEETING .NNE 9, 1977 The City Council of the Cityof Lubbock, Texas,of met at 9 :30to-whin the regular meeting place at City Hall, the following Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Council- man Bill McAlister, City Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 77-36-211-542 The invocation was given by Sam Wahl, Director of Public Works. (1) The Pledge of Allegiance to the Flag was given in unison by those present in the Council Cham er. 77-36-211-543 (2) At this point, in accordance with Section 2F, Article 6252-17, i1.A.T.S., Mayor Bass announce Council meeting to discuss ` that an executive session would be held immediately following the City pending litigation. 77-36-211-544 James Cox, representing the Seventh Day Adventist Church, appeared before the City Council permit for a tent location (4) requesting an exemption from guidelines for issuing a tent erection The City Council has given the City Manager's office at the corner of East 23rd and Fir Streets. for tents provided there be no more than two permits granted to the authority to issue permits annually. The Manager's office has also established the same organization for more than two times be for a period exceeding fourteen days. After considera- the policy that no permit shall granted information presented, motion was made by Councilman West, seconded by Couuncilmaass tion of all McAlister, motion carried, Councilmen West, Jordan, Henry and McAlister voting Yea, y be issued for a back- voting Nay to grant Mr. Cox's request that both of his allowable permits to-back period of time. 77-36-211-545 Bill Evans of Cresap, McCormick and Paget, Inc., appeared before the City Council and presented Study. A full report will be available I (5) a preliminary report of the Comprehensive Municipal Court meeting. No action was taken on this item. to the Council by the next City Council 77-36-211-546 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Yea, none voting Nay to pass Ordinance (6) Bass, Councilmen West, Jordan, Henry and McAlister voting No. 7457 on second and final reading, ORDINANCE N0. 7457 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate of bond funds for an approved project; certain specific funds out 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. 77-36-211-547 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor voting Nay to pass Ordinance (7) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none No. 7458 on second and final 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: There is hereby appropriated out of the following described bond fund, Sewer Fu wit: BondThe sum $51,000.00 For the following purpose: Supplement Sewer Pro Rata Fund for purpose of making refunds to developers where due. 77-36-211-548 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Ordinance No. (8) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass 7459 on second and final 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, .12 JUN 9 1977 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 The sum $38,000.00 Capital Project Fund 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. 77-36-212-549 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (9) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7460 on second and final reading. ORDINANCE N0. 7460 � WHEREASAN APPROPRIATION ORDINANCE , the City Council of the City of Lubbock finds it is necessar to a certain specific funds out of bond funds for an approved project; Y Ppropriate NOW THEREFORE, 4 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 The sum $6,074.42 LIGHT AND POWER SYSTEM REVENUE BOND FUND. For the following purpose: For change Order #1 on general construction contract LB 400 for 77-36-212-550 Motion was made by Councilmadditional anWest, seconded gbynCouncilman oMcAlister, motioncarried,Ma yor (10) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7450 on second and final 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. 77-36-212-551 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (11) Bass, Councilmen West, Jordan, Henry and McAlister votingYea none voting Na to Y No. 7451 on second and final reading. g Y pass Ordinance 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. 77-36-212-552 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7452 on second and final reading. ORDINANCE NO. 7452 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. 2124; CHANGE A TRACT OF LAND OUT OF THE NORTHWEST QUARTER OF SECTION 9, BLOCK E, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; CHANGE A TRACT OF LAND OUT OF THE NORTHWEST QUARTER OF SECTION 9, 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. 77-36-212-553 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried Ma (13) Councilmen West, Jordan, Henry and McAlister votingYea none votin Na to ' yor Bass, 7453 on second and final reading. ' g Y pass Ordinance No. ORDINANCE NO. 7453 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. 1992-A; CHANGE TRACT E, TIMES SQUARE ADDITION, CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-212-554 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried (14) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to as, Mayor s Ordinance No. 7454 on second and final reading. P rdinance ORDINANCE NO. 7454 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 2130; CHANGE THE NORTH 82.5 FEET OF THE WEST 170 FEET OF BLOCK 19, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO C-4 SPECIFIC USE PERMIT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 1.13 JuN 5 1977 r F 77-36-213-555 Motion was made by Councilman West, seconded bMcAlister Councilman Y cAlister, motson ting NayCarried, to Mayor nce (15) Bass, Councilman West, Jordan, Henry and No. 7455 on second and final reading. ORDINANCE NO. 7455 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF CLUBBOCKOLLEGE SO G TO MAMEION, CITY OFTHE NLUBBOCK,•ZONE LUBBOCKCASE NO. 1427-B; CHANGE COUNTY, TEXAS, FROM R-2LOT TTO R21 ZONING, BLOCK DISTRICT, COLLEGE HEIGHTS ADDITION, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-213-556 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (16) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7456 on second and final reading. ORDINANCE NO. 7456 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF 3 AND 1 LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2129; CHANGE LOT 5, BLOCK BLOCK 1 COUNTY, BLOCKS 12, 16 AND 17, MORNING VIEW ADDITION INSTALLMENT NO. 2, CITY OF LUBBOCK, TEXAS, AND A TRACT OF LAND OUT OF THE SOUTHWEST QUARTER OF SECTION 3, BLOCK A, LUBBOCK COUNTY, 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. 77-36-213-557 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, (17) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7462 on second and final reading. ORDINANCE NO. 7462 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS, TO -WIT: ZONE CASE FROM C-4 2120; CHANGE LOTS 1, 2 AND 4, CARVER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, 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. 77-36-213-558 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7463 on second and final reading. 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. 77-36-213-559 The City Council considered the passage of Ordinance No. 7465 on second reading amending Zoning (20) Ordinance No. 6462 of the City of Lubbock by amending Condition No. 5, Zone Case No. 1807-A. Warlick Carr, Attorney, appeared before the City Council in regard to this ordinance. After discussion, it was the consensus of the City Council to hold this ordinance until the next City Council meeting. 77-36-213-560 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, (21) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7461 on second and final 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 RANKEO�AIDNCi�CEpROVTDINGIONS FOR AND PROMOTIONAL RANCE CLAUSEAMANDAFORNS FOR PUBLICATIONFIRE AND AND POLICE DEPARTMENTS EFFECTIVE DATE OF THIS ORDINANCE 77-36-213-561 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (22) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7446 on third and final reading subject to 24th Street from Avenue K to Avenue J, Sub -Unit 2234-18 being restored to the program. 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, 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 PROVIDI CATIONS INFOR EVIDENCEOTHEREOF1, ALLOCATING OF SUCH SFUNDS. (SSMENTS SE SECTION ONE OFISSUANCE THIS ORDINANCEASSIGNABLE FOR CERTIFI- CATIONS 2014 JUN 9 1977 ASSESSMENTS DELETED BY CITY COUNCIL.) 77-36-214-562 (23) NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 9th day of June, 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 described be changed; and at which time and place all interested persons will be given an opportunity to be heard after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with li such recommendation: SOUTH OF 21ST STREET & EAST OF KNOXVILLE AVENUE Zone Case No. 2128 Request of Owen McWhorter Jr., (for Snow Davis) to change Lot 8, Block 1, Ridgelawn Addition, City of Lubbock, Lubbock County, Texas, from R-1 to C-2A Zoning District. The Planning and Zoning Commission recommended to the City Council that AM zoning be ranted In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 2128 -- Request of Owen McWhorter, Jr. (for Snow Davis) to change Lot 8, Block 1, Ridgelawn Addi- tion, City of Lubbock, Lubbock County, Texas, (South of 21st Street and east of Knoxville Avenue) from "R-l" to "C -2A" Zoning District. The Planning and Zoning Commission recommended that "AM" zoning be granted. Mayor Roy Bass disqualified himself from presiding over this zone case and Mayor Pro Tem Dirk West assumed the Chair. Mayor Pro Tem West called for proponents and opponents to appear before the City Council. J.R. Blumrosen presented this zone change request for the proponents. Also appearing in favor of this zone change were: Lee Stafford, Mildred Davis, Marjorie Kastman, Buddy Forbes, Joe Reynolds, Max Barnett and Burl Graves. No one appeared in Opposition. Jim Bertram, Director of Planning, gave the staff recommendations. Fred Senter, City Attorney, answered questions from the Council regarding the legal aspects of changing the zoning. No one else came forward; whereupon Mayor Pro Tem West announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan to approve the zone change to "C-2A", limited to Savings and Loan offices. This motion died for lack of a second. �I Discussion was then had concerning the number of votes it would take to reconsider past City Council action. Fred 0. Senter, Jr., City Attorney, advised the Council as to the rules set forth in Roberts Rules of Order and stated that a tie vote is a lost motion. Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay that it be the intent of this Council that the rule be interpreted to mean that if it is a tie vote, and there is no majority vote, either side can make the motion to reconsider. Motion was made by Councilman McAlister that the City Council reconsider recommendations of the Planning and Zoning Commission on allowing financial institutions in AM zone. This motion died for lack of a second. Planning and Zoning Commission be upheld and change zoning from Motion was made by Councilman McAlister that the City Council reconsider recommendations of the "R-1" to "AM". At this point, Councilwoman Jordan offered a substitute motion to grant "C-2A" zoning, limited to Savings and Loan offices. This substitute motion died for lack of a second. The original motion to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7467 on first reading carried by the following vote: Mayor Pro Tem West, Council- woman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay. ORDINANCE NO. 7467 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. 2128; CHANGE LOT 8, BLOCK 1, RIDGELAWN ADDI- TION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. At this point, Mayor Bass resumed the Chair. 77-36-214-563 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor (23a) Bass, Councilmen West and McAlister voting Yea, Councilwoman Jordan voting Nay that the previous vote of the City Council on the Planning and Zoning recommendations amending the Zoning Ordinance to permit financial institutions in "AM" zone be reconsidered. Councilman Henry abstained from voting on this motion. Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Councilmen West, Henry and McAlister voting Yea, Mayor Bass and Councilwoman Jordan voting Nay to follow I the recommendations of the Planning and Zoning Commission and allow savings and loan institutions +� only, tied to Specific Use, in "AM" zone and pass Ordinance No. 7468 on first reading. ORDINANCE NO. 7468 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY ADDING A SECTION 22.3-20-4 MAKING SAVINGS AND LOAN OFFICES A SPECIFIC USE IN "AM" DISTRICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. ^SO J U N 9 197 � F F.! c 77-36-215-564 PROPOSED ANNEXATION (24) NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council of the City of Lubbock will hold a public hearing on the 9th day of June, at 1:30 P.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the proposed annexation to the City of Lubbock, Texas, and at which time and place all interested persons will be given an opportunity to be heard. The area of land described herein is adjacent to the existing corporate limits of the City of Lubbock, Texas. Such area is described as follows: BEGINNING at a point in the present City Limits line, as established by City of Lubbock Ordinance No. 6201, said point being 660 feet south and 660 feet east of the Northwest corner of Section 10, Block E; THENCE South approximately 5280 feet to a point 660 feet south and 660 feet east of the Northwest corner of Section 15, Block E; THENCE West approximately 6600 feet to a point 660 feet south and 660 feet west of the Northeast corner of Section 22, Block E-2; THENCE North approximately 5280 feet to a point in the existing City Limits line, as described by Ordinance No. 6201, said point being 660 feet south and 660 feet west of the Northeast corner of Section 18, Block E-2; THENCE East approximately 6600 feet along the existing City Limits boundary to the POINT OF BEGINNING. Containing 720 acres, more or less. Area is further described as follows: BEGINNING at a point 660 feet south and 660 feet east of the intersection of 98th Street and University Avenue; THENCE South 5280 feet (one mile) parallel to and 660 feet east of University Avenue center- line to a point 660 feet south and 660 feet of the intersection of 114th Street and Univer- sity Ave.; THENCE west 6600 feet parallel to and 660 feet south of 114th Street centerline to a point 660 feet south and 660 feet west of the intersection of 114th Street and Indiana Avenue; THENCE North one mile parallel to and 660 feet west of Indiana Avenue centerline to a point on the City Limits line 660 feet south and 660 feet west of the 98th Street and Indiana Avenue intersection; THENCE east along the present City Limits line of the POINT OF BEGINNING. /s/ Treva Phillips City Secretary -Treasurer In accordance with the above Notice of City Council Hearing, hearing was held on the proposed annexation of]a.nd to the City of Lubbock. J.D. Badley appeared before the City Council requesting the annexation of 320 acres bounded by University to Indiana, 1/2 mile south of 98th to 114th Street, with boundaries to the center of the streets, not to 620' beyond the center of the streets. Cecil Jennings and M.B. Smith, home builders, appeared in support of this annexation. Gene Gaines, representing the NAACP, appeared in opposition to the annexation. George McCleskey appeared representing land owners with the area proposed to be annexed, in opposition. Mackey Greer, owner of a trailer park at 114th Street and South University, appeared in opposition. George Jackson also appeared in opposition. Mayor Bass declared the hearing was closed. Jim Bertram, Director of Planning, appeared with staff comments, pointing out the area on a landuse Map. It was the consensus of the City Council to act on this item at the next City Council meeting, June 23rd at 1:30 P.M. 77-36-215-565 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (25) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. DVQOT TTTTNKI WHEREAS, the City Council has determined that a need exists for the developing of a policy relating to annexation of property to the City of Lubbock in order that the City Council can have adequate information upon which to base a would be in the best interest of the citizens decision on whether or not the proposed property of the City of Lubbock to annex and make a part of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby established as a policy for the annexation of property to the City of Lubbock the following: A. The City of Lubbock shall exercise protective annexation measures to preclude strips and pockets of urban blight adjacent to the City. Such annexation will avoid enclosure of unincor- porated pockets. 1UN 9 1977 B. The extension of municipal utilities outside the City shall be prohibited except in emergencies or when annexation can be completed within 90 days. C. Developers and/or land owners requesting annexation must bear the major cost of public service facilities when existing land within the corporate limits can support anticipated growth for a 10-15 year period. D. The location and amounts of land to be annexed must provide maximum efficiencies of municipal services such as Police, Fire Protection, water, Sewer, Street maintenance and Solid Waste collections. Disproportionate cost to tax revenues shall be discouraged. E. Prior to the public hearings on annexation, the Planning and Zoning Commission shall forward an opinion to the City Council stating the impact of the annexation on long range growth patterns and rate of growth. The City Manager and the Director of Planning shall develop forms which shall be completed and reflect the above policies and shall show the existing conditions of the proposed area to be annexed which shall include the acreage of the area to be annexed, the estimated dwelling units, the estimated population, the estimated assessed value on land and improvements, the estimated ad valorem tax return, the estimated vacant unsubdivided residential land in the City growth areas, the amount of acreage to be developed and, in regard to the conditions of the proposed annexation area, the municipal capital cost of the estension of services for sewage, Y water, streets, police, fire, parks and recreation and sanitation. In addition, figures shall be supplied which reflect the annual operations and maintenance cost of the services provided above and in addition there shall be furnished, for the use of the Planning and Zoning Commission and the City Council, land use information which shall include the estimated amount of Right of Way needed, estimated park land, school land, which will be proposed in the developed area, and the number of acres of land within the proposed annexed area which are to be developed or suitable for development. These figures and any additional ones deemed advisable shall be included in the reports to be furnished prior to hearings on the annexation of property to the City of Lubbock. Passed by the City Council this 9th day of June, 1977. ATTEST: /s/ Roy Bass Treva Phillips, City Secretary Roy Bass, Mayor APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 77-36-216-566 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (26) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7469 as an emergency measure. ORDINANCE N0. 7469 AN APPROPRRIATION 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, and this ordinance deals with the daily operation of City departments in the public interest which creates an emergency; 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 IM- The sum $2,000 PROVEMENT BOND FUND For the following purpose: Traffic signal relocation at 34th and Boston Ave. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance is declared to be an emergency measure thereby creating a public necessity that the rule requiring proposed ordinances to be presented at two (2) separate council meetings be dispensed with; and thos ordinance shall be effective from the date of its passage. 77-36-216-567 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (27) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an agreement between the City of Lubbock and State of Texas, acting through the State Department of Highways and Public Transportation, covering the construction and maintenance of signalization improvements at the intersection of Broadway and Quirt Avenue, in the City of Lubbock, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of June, 1977. ATTEST: /s/ Roy Bass /s/ Treva Philli s ROY BASS, MAYOR Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: 1'1 7 JUN 9 1977 /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT STATE OF TEXAS COUNTY OF TRAVIS This AGREEMENT, made this 9th day of June, 1977, by and between the State of Texas, acting through the State Department of Highways and Public Transportation, hereinafter called the "State", party of the First Part, and the City of Lubbock, Texas, acting by and through its duly authorized officers under an Ordinance/Resolution passed the 9th day of June, 1977, hereinafter called the "City", party of the Second Part: W I T N E S S E T H WHEREAS, the State and the City wish to cooperate in the modernization of Signalization at the intersection of Broadway and Quirt Avenue in Lubbock under Section 230 of the Federal - Aid Highway Act of 1973 and; WHEREAS, it has been determined that such work is eligible for Federal -Aid participation and; WHEREAS, the State and the City are in accord as to the type of improvements needed. A G R E E M E N T NOW THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: Project Authorization It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas has exclusive control of and juris- diction over all streets and public ways within the incorporated limits of such City and that said City has requested and consented to the construction of the project and the State in approv- ing construction of said project does so at the special instance and request of the City. The City, in consideration of the mutual covenants herein contained, does hereby agree to the improve- ments at the location and in the manner shown on the construction plans to be approved by both parties. It is mutually agreed that as the project is developed to the construction stage both parties shall approve such plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit A", and made a part hereof in all respects. Construction Responsibilities The City will provide for the adjusting of all utilities as may be required. The construc- tion plans and specifications will be prepared by the City and approved by the State. 90% of the costs incurred by the City for the preparation of construction plans and specifications shall be reimbursed by the State. All construction activities connected with the project will be done by the City, and the State will pay to the City 90% of the cost of said construction on a "Force Account" basis, the specifics to be stated under Special Conditions. Hereafter all references in this Agreement to "Reimbursement" or payment" of construction costs by the State of the City are understood and agreed to mean "Reimbursement" or "payment" on a 90% of cost basis. Special Conditions The State will reimburse the City for the cost of construction of the improvements at the intersection of Broadway and Quirt Avenue in the manner of construction as described in the plans and specifications, "Exhibit A", under a "Force Account" basis. Under said "Force Account", payment to the City will be made as follows: 1. The State will reimburse the City for properly supported costs incurred in the adjustment of their facilities under the terms and conditions of this agreement. Costs incurred prior to the issuance of a written "Work Order" by the State will not be reimbursed. Reimbursement will be made by the State to the City for labor, equipment, materials, supplies, travel expenses, labor additives and warehouse or material handling charges provided the City has paid from City funds their obligations covering items of costs billed. If the City elects to bill for labor additives, equipment and material handling charges, the rates and reimbursements are subject to prior agreement between the State and the City. The State will pay the City as follows: A. periodic Partial Payments: If the City so elects, the State will make payments monthly as partial payments which must include properly prepared and executed Form 132 and a billing summarizing costs by each classification of costs showing description, quantity, unit price, extensions and total. Labor additives and material handling rates must be shown as a percentage factor and applied to the total costs of labor or materials as applicable. Except, however, the State will not make partial payments in amounts less than $1,000.00 unless it is the final billing. B. Final Billing: Upon completion of the project and final acceptance of the project by the State, if the City so elects, the State will make one payment when all work is com- pleted and the City has submitted a final and complete billing of all costs. This billing must include properly prepared and executed Form 132 and a final bill summarized by each classification of costs showing description, quantity, unit price and extensions and total. Labor additives or burden and material handling rates must be shown as a percentage factor and applied to the total costs of labor or materials as applicable. T. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. Prior to final payment an audit of the records supporting the costs claimed will be made. These records must be made available to authorized representatives of the State and other agencies involved in the funding of this project during the normal workday. All records relating to this project must be maintained by the City for 3 years after receipt of final pay- ment from the State. 2. The City will use labor and supervisory personnel employed directly by the City, and using City -owned machinery, equipment, and vehicles necessary for the work. In the event, the City does not have the necessary machinery, equipment, and vehicles necessary to perform the work; machinery, equipment, and vehicles may be rented or leased as necessary at the low bid price sub- mitted by approved bidders for the equipment, etc. involved. 3. The City will purchase all major items of equipment and material, such as traffic signal con- trollers, traffic signal poles, traffic signal heads, vehicle detectors, conduits, multiple con- ductor cable and single condutor wire, etc. For the complete improved traffic signal installa- tion, on competitive bids from at least two competent and reputable suppliers. All equipment and materials for use on existing equipment may be purchased by the Cityfrom and factory authorized dealer or distributor for the original basis equipment that is being repaired, modified or additions made thereto and the State will reimburse the City for such purchases. On other itesm of equipment and material, normally carried in stock by the City, the use of City stock items will, be satisfactory and the State will reimburse the City for the cost of such items, provided these items were purchased on competitive bids obtained from at least two competent and reputable suppliers and provided the State shall have given prior approval to the use of these items. All equipment and materials used for the work shall be new and undepreciated items purchased at the low bid price submitted by approved bidders for the equipment or materials involved. 4. The State shall make suitable, frequent, and complete inspections of all materials, equipment, and the work of installations to determine and permit certification that the project and its components meet all applicable requirements of the plans and specifications for the purpose of constituting a complete improvement, in suitable condition for operation and maintenance by the City after its completion. The State and the City will cooperate to provide for inspections as required by agencies of the United States Government. 5. The City will provide opportunities, facilities, and representative samples to enable the State to carry on suitable, frequent and complete inspection of all materials, equipment and installation methods, sufficient to afford determination and certification by the State that all parts of the installation and the component materials and equipment comply with the requirements of the approved plans and specifications. The State will promptly notify the City of any failure of materials, equipment or installation methods to meet the provisions of plans and specifications, and the City will take such measures as necessary to obtain acceptable systems components and installation procedures without delay. 6. Any equipment and materials from existing installations at this location that is removed by the City from their present location shall become the property of the City. 7. The City will operate and maintain the traffic control devices upon completion of the installa- tion, and will be responsible for all costs incident thereto. 8. The City and/or its agents will comply with all Federal, State and local laws, statutes, ordinances, rules and regulations and the order and decrees of 'any court or administrative bodies or tribunals in any matter affecting the performances of this Agreement, including without limita- tion workman's compensation laws, minimum and maximum salary and wage statutes and regulations. When required, the City shall furnish the State with satisfactory proof of its compliance there- with. 9. It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreement and/or Contracts between the City and the State, this Agreement shall take precedene over the existing Agreements and/or Contracts. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the aforementioned date. PARTY OF THE FIRST PART STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transporta- tion Commission. By: Ass't Engineer -Director Under Authority of Commission Minute 70104 Recommended for Execution: PARTY OF THE SECOND PART CITY OF LUBBOCK By: Roy Bass Title: -Mayor ATTEST: /s/ Treva Phillips_ City Secretary APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney I District Engineer, District Five JUN 9 1977 Director, Finance Division Director, Finance Division Chief Engineer of Maintenance Operations 77-36-219-568 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (28) 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 Paving Release, 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 9th day of June, 1977. ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS PAVING RELEASE COUNTY OF LUBBOCK I WHEREAS, heretofore, on March 10, 1977, the City of Lubbock passed a Resolution being recorded in Volume 655, Pages 445-447 (inclusive) of the Deed of Trust Records of Lubbock County, Texas, such Resolution containing a Declaration by the City Council for the necessity of street improve- ments, alley improvements and apportionment of costs of such improvements, and in such Resolution there were included paving improvements for certain hereinafter described Paving Units; and, WHEREAS, portions of Subunit 2233-34 as hereinafter described has already been paid for and no assessment lien is needed thereon; and said aforesaid liens need to be released of public record; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, acting by and through its duly authorized Mayor in consideration of the premises, does hereby and by these presents, RELEASE, RELINQUISH and FOREVER QUIT CLAIM to the owners or owners, their heirs, administrators, executors and assigns, all right, title and interest the City of Lubbock may have in and to all these lots, tracts or parcels of land being situated in the City of Lubbock, Lubbock County, Texas, and being further described as follows; to -wit: UNIT AND SUBUNIT NO. STREET FROM TO A portion only Unit No. 2233-34 Santa Fe Drive Slide Road 29th Drive as same applies only to the following described property: (1) Lot 1 and the East 739.54 feet of Lot 2, Young Addition to the City of Lubbock, Texas. (2) Beginning at a point which is the Northeast corner of Lot 1, Young Addition to the City of Lubbock, Texas: Thence North 53°-54' East a distance of 31.88 feet to a point, said point being in the West Property Line of 29th Drive; Thence South 36°-06' East along the West Property Line of 29th Drive a distance of 50.00 feet to a point; Thence South 53°-54' West a distance of 31.88 feet to a point; Thence North 36°-06' West a distance of 50.00 feet to the Point of Beginning. This release affects only the property hereinabove described and in no way affects any pro- perty or liens not specifically described herein, and all liens and apparent liens against owners not otherwise released are hereby expressly retained. EXECUTED THIS 9th DAY OF June, 1977. ATTEST: /s/ Treva Phillips CITY OF LUBBOCK BY/s/ Roy Bass Roy Bass, Mayor r220 JUN 9 1977 APPROVED AS TO FORM: /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney 77-36-220-569 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (29) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Farrar Mesa Addition, Lots 1-217, made arrangements with W.D. Turner Construc- tion Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Farrar Mesa Addition, Lots 1-217 including the following streets: South 1/2 of 66th Street from its intersection with a line 4.00 feet East of the East Pro- perty Line of Frankford Avenue to its intersection with the centerline of Elmwood Avenue known and designated as New Subdivision sub -Unit Number 38 of Unit Number 2020. 67th Street from its intersection with a line 2.00 feet East of the East Property Line of Frankford Avenue (South Leg) to its intersection with the West Lip Line of Elmwood Avenue known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2020. 68th Street from its intersection with a line 2.00 feet East of the East Property Line of Frankford Avenue to its intersection with the West Lip Line of Elmwood Avenue known and designated as New Subdivision Sub -Unit Number 40 of Unit Number 2020. 69th Street from its intersection with a line 2.00 feet East of the East Property Line of Frankford Avenue to its intersection with the West Lip Line of Elmwood Avenue known and designated as New Subdivision Sub -Unit Number 41 of Unit Number 2020. 70th Street from its intersection with a line 2.00 feet East of the East Property Line of Frankford Avenue to its intersection with the Northeast end of radius of cul-de-sac elbow known and designated as New Subdivision Sub -Unit Number 42 of Unit Number 2020. 70th Place from its intersection with a line 2.00 feet East of the East Property Line of Frankford Avenue to its intersection with the Northeast end of radius at Cut -de -sac elbow known and designated as New Subdivision Sub -Unit Number 43 of Unit Number 2020. 71st Street from its intersection with a line 2.00 feet East of the East Property Line of Frankford Avenue to its intersection with the West Lip Line of Elkhart Avenue known and designated as New Subdivision Sub -Unit Number 44 of Unit Number 2020. 72nd Street from its intersection with the East Lip Line of Frankford Avenue to its inter- section with the West Lip Line of Elkhart Avenue known and designated as New Subdivision Sub -Unit Number 45 of Unit Number 2020. 73rd Street from its intersection with a line 2.00 feet East of the East Property Line of Frankford Avenue to its intersection with the Centerline of Elkhart Avenue known and desig- nated as New Subdivision Sub -Unit Number 46 of Unit Number 2020. The East 1/2 of Frankford Avenue from its intersection with a line 7.00 feet North of the North Property Line of the alley South of 73rd Street to its intersection with the Center- line of 66th Street known and designated as New Subdivision Sub -Unit Number 47 of Unit Number 2020. Evanston Avenue from its intersection with the South Lip Line of 72nd Street to its inter- section with the North Lip Line of 73rd Street known and designated as New Subdivision Sub -Unit Number 48 of Unit Number 2020. Evanston Avenue from its intersection with the South Lip Line of 71st Street to its inter- section with the North Lip Line of 72nd Street known and designated as New Subdivision Sub - Unit Number 49 of Unit Number 2020. Elmwood Avenue from its intersection with a line 7.00 feet North of the North Property Line of the alley South of 73rd Street to its intersection with the South Lip Line of 73rd Street known and designated as New Subdivision Sub -Unit Number 50 of Unit Number 2020. The West 1/2 of Elkhart Avenue from its intersection with the North Lip Line of 73rd Street to its intersection with the Centerline of 70th Street known and designated as New Subdivision Sub -Unit Number 51 of Unit Number 2020. The West 1/2 of Elmwood Avenue from its intersection with the cul-de-sac at 70th Place to its intersection with the South Lip Line of 66th Street known and desinnated as New Sub - Division Sub -Unit Number 52 of Unit Number 2020. 70th Street from its intersection with the East Lip Line of Elmwood Avenue to its intersection with the West Lip Line of Elkhart Avenue known and designated as New Subdivision Sub -Unit Number 53 of Unit Number 2020. i Evanston Avenue from its intersection with the Cul-de-sac at 70th Street to its intersection with the South Lip Line of 69th Street known and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2020. A.wAwl JUN 9 1971 4 MR �II AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications j; and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. Ii. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9TH DAY OF JUKE, 1977. ATTEST: /s/Treva Phillips Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer CONSOLIDATED FINAL ESTIMATE Lots 1 thru 217 Farrar Mesa Addition Accepted June 9th, 1977 /s/ Roy Bass Roy Bass Mayor APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney S.Y. S.Y. Unit & Paving Paving L.F. Sub -Unit Location 9" Base 6" Base C & G NS 2020-38 The South 1/2 of 66th Street from 4' East of the E.P.L. of Frankford Avenue to the center- line of Elmwood Avenue. Developer Quantities City's Quantities NS 2020-39 67th Street from 2' East of the E.P.L. of Frankford Avenue (S. Leg) to The W.L.L. of Elmwood Avenue. NS 2020-40 68th Street from 2' East of the E.P.L. of Frank - ford Avenue to the W.L.L. of Elmwood Avenue. NS 2020-41 69th Street from 2' East of the E.P.L. of Frank - ford Avenue to the W.L.L. of Elmwood Avenue. NS 2020-42 70th Street from 2' East Of the E.P.L. of Frank - ford Avenue to the N.E. end of radius of cul-de- sac elbow. NS 2020-43 70th Place from 2' East of the E.P. L. of Frankford Avenue to the N.E. end of radius of cul-de-sac- elbow. NS 2020-44 71st Street from 2' East of the E.P.L. Of Frankford Avenue to the W.L. L. of Elkhart Avenue. NS 2020-45 72nd Street from the E.L.L. of Frankford Avenue to the W.L.L. of Elkhart Avenue. 2,460.57 876.37 596.59 3,217.24 3,298.69 3,299.08 2,651.45 3,737.10 4,473.56 4,629.30 1,844.24 1,860.50 1,774.72 1,384.23 1,994.92 2,435.36 2,452.56 L.F. 1.5'xl2' S.Y. S.Y. S.Y. Flat Alley Valley Re-sur- Bottom Return Gutter facing Ditch 20.20 34.67 52.54 143.29 311.5 NS 2020-46 73rd Street from 2' East of the E.P.L. Of Frank- jUN 9 1977 ford Avenue to the centerline of Elkhart Avenue. Developer Quantities 4,496.43 2,314.25 City's Quantities 1,405.13 NS 2020-47 The East 1/2 of Frankford Avenue from 7' N. of the N.P.L. of the alley S.of 73rd Street to the centerline of 66th street. Developer Quantities 6,102.46 2,746.93 274.93 157.63 City's Quantities 1,512.66 835.35 NS 2020-48 Evantston Avenue from the S.L.L. of 72nd Street to the N.L.L. of 73rd Street 1,043.08 588.98 40.40 NS 2020-49 Evanston Avenue from the S.L.L. of 71st Street to the N.L.L. of 72nd Street. 987.65 589.92 40.40 52.54 NS 2020-50 Elmwood Avenue from 7' N. of the N.P.L. Of Alley South of 73rd Street to the S.L.L. of 73rd St. 473.16 271.14 NS 2020-51 The West 1/2 of Elkhart Avenue from the N.L.L. of 73rd Street to the centerline of 70th Street 1,941.60 943.06 60.60 NS 2020-52 The West 1/2 of Elm- wood Avenue from the cul-de-sac at 70th Place to the S.L.L. of 66th Street. Farrar Mesa Quantities 3,202.14 1,415.02 60.60 South Plains Church of Christ Quantities 1,208.22 616.50 NS 2020-53 70th Street from the E.L.L. of Elmwood Avenue to the W.L.L. of Elkhart Avenue. Farrar Mesa Quantities 564.54 319.96 20.20 South Plains Church of Christ Quanities 564.54 322.54 NS 2020-54 Evanston Avenue from the cul-de-sac at 70th Street to the S.L.L. of 69th Street Total Farrar Mesa 835.52 499.36 40.40 52.54 Quantities 6,102.45 Total South Plains 41,310.11 24,311.52 592.40 315.25 311.50 Church of Christ Quantities 1,772.76 939.04 Total City Quantities 1,512.66 2 83-, 7.07 Total 7,615.12 45,919.94 25,250.56 143.29 592.40 315.25 143.29 311.50 77-36-222-570 The City Council considered Change Order No. (30) W.D. Turner to add right turn 1 to GWO 3195, 1977 maintenance contract with at the northeast corner Water, Attorney representing owners of businesses of 50th at 50th Street and Quaker Avenue. Charles and Jerry Eubank) appeared before the City Council and and requested Quaker (Frank Riley, Wayne Holland that the be removed from Quaker to the east property line of Works, Jim Bertram, Director Mr. Riley. median on 50th Street Sam Wahl, Director of Public of Planning, and Bill questions concerning traffic at this intersection. McDaniel, Director of Traffic, answered consensus of the City Council to put June this request After discussion for removal of this request, it was the of median on the Agenda for 23rd City Council Meeting. Motion was made by Councilman motion carried, Mayor Bass, Councilmen the West, seconded by Councilman Henry, West, Jordan, Henry and to approve Change Order No. 1 to GWO 3195, 1977 McAlister voting Yea, none voting to add a right turn at the northeast maintenance contract corner of 50th Street and with W.D. Quaker Avenue. Turner to 4 CHANGE ORDER NO. 1 TO: W.A. Turner Construction Company 1976 Street Paving Improvement p Y 3434 Avenue "H" G.W.O. 3195 Lubbock, Texas 79404 Gentlemen: WHEREAS, it is desirable to make changes in the plans and specifications for this project, �AW3 JUN 9 1977 r r being namely the additional construction of the N.E. corner of Quaker Avenue and 50th Street. Right turn flair off of 50th Street. Original Amount of Contract $295,636.50 Increased by Change Order No. 1, G.W.O. 10,945 20,578.00 Total Amount of Contract $316,214.50 THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained the Owner and the Contractor agree to the Change shown herein and in the revised plans; the Owner agree to pay the Contractor the amount of the increase in cash; and the Contractor agrees to proceed with construction and to adhere to applicable Specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and Contractor shall be modified to the extent herein indicated, including one (1) attachment. All of change Order #1 work will be payed from G.W.O. 10,945 Street Funds. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 9th day of June, 1977. W.D. TURNER CONSTRUCTION COMPANY (Contractor) By. BY: W.D. Turner Construction Company Title CITY OF LUBBOCK OWNER ATTEST: /s/ Roy Bass /s/ Treva Phillips Roy Bass, Mayor Treva Phillips, City Secretary RECOMMENDED FOR APPROVAL /s/ Wilford D. Watson /s/ Larry Cunningham Wilford D. Watson, City Engineer Larry Cunningham, City Manager Additional construction located near 50th Street and Quaker Avenue. The undersigned Contractor declares he has visited the site of the work, and he further agrees to commence said work within seven (7) days, weather permitting, and complete construction by continuous work. UNIT ITEM QUANTITY PRICE Change Order #1 to G.W.O. 3195 in accordance with G.W.O. 7627 and G.W.O. 10,922. 1. 6" Curb and Gutter Removal 2. 6" Concrete Slab and Drive Removal 3. 6" New Curb and Gutter AMOUNT 500 L.F. @ $ 3.00 = $ 1,500.00 325 s.y. @ $ 4.75 = $ 1,543.75 500 L.F. @ $ 3.65 = $ 1,825.00 4. 6" New 6" Concrete Slab and Drives 4800 S.Y. @ $14,50 = $ 6,960.00 5. Removal of existing paving and relaying 9" black Base and 1 1/2" surface as per above. TOTAL CHANGE ORDER NO. 1 TOTAL COST 700 S.Y. @ $12.50 = $ 8,750.00 $20,578.75 77-36-223-571 Motion was made by Councilman West, 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 Resolution accepting water and sewer system improvements for Lots 518 thru 643, Raintree Addition. WHEREAS, the developer of Lots 518 thru 643, Raintree Addition have complied with the pro- vision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improve- ments for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $113,591.45 with the improvements con- structed by Holloway Contracting Company having a value of $106,535.08 as determined by the Unit prices established by said Chapter 34, and $7,056.37 cash paid to the City, with Raintree Four, Inc., the developer, to receive a refund of $36,161.45 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. titi ,SUN 91977 2. That the refundable cost in the amount of $36,161.45 be made in accordant Chapter 34. 3. This resolution shall take effect and be in force from and after its pass PASSED AND APPROVED THIS 9th day of June, 1977. Attested: /s/ Treva Phillips Treva Phillips, City Secretary Approved: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Roy Bass Roy Bass, Mayor Approved: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attori 77-36-224-572 Motion was made by Councilman West, 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. ll RESOLUTION 77-36-224-573 (33) Resolution accepting water and sewer system improvements for Lots 1-94 Meadowgreen Addition. WHEREAS, the developer of Lots 1-94, Meadowgreen 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 $62,675.48 with the improvements construct- ed by Panhandle Construction Company having a value of $58,925.53 as determined by the unit prices established by said Chapter 34, and $3,749.95 cash paid to the City, with Maxey Lumber Company, the developer, to receive a refund of $19,847.27 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. 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 $19,847.27 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9th DAY OF June, 1977. Attested: /s/ Roy Bass Roy Bass, Mayor /s/ Treva Philli s Treva Phillips, City Secretary Approved: /s/ Wilford D. Watson Wilford D. Watson, City Engineer Approved: /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Tract "D", Sportsman Addition. WHEREAS, the developer of Tract "D", Sportsman 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 $10,009.80 with the improvements con- structed by Panhandle Construction Company having a value of $9,433.97 as determined by the unit prices established by said Chapter 34, and $575.83 cash paid to the City, with Sportman's Supply, Inc., the developer, to receive a refund of $1,900.39 in accordance with Chapter 34 of the Code of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: N 0 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. d )IF-35 �•.�2 JUN 9 197 a MM r F F 2. That the refundable cost in the amount of $1,900.39 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9th day of June, 1977. /s/ Roy Bass Attested: Roy Bass, Mayor /s/ Treva Phillips Treva Phillips, City Secretary Approved: Approved; /s/ Wilford D. Watson /s/ Fred 0. Senter, Jr., Fred 0. Senter, Jr., City Attorney Wilford D. Watson, City Engineer , Mayor 77-36-225-574 Motion was made by Councilman W,seconded by McAiister votingnYear,ononeJvoting I3ayithatatheefollowingBres, (34) Councilmen West, Jordan, Henry and solution be passed. RESOLUTION Resolution accepting water and sewer system improvements for Tract "B" Wester Park Addi- tion. WHEREAS, the developer of Tract "B", Wester Park Addition n have complied water with the iprovisionts of the City of Lubbock Code, Chapter 34, Article 2, by p g for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $7,877.90 with the improvements construc- ted by Panhandle Construction Company having a value of $7,254.24 as determined by the unit prices established by said Chapter 34and $refund ofcash $6paid 251.07 inthe accordancewith with Chapter CodeLester Shaver, the developers, to receive a of the City of Lubbock and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements 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 $6,251.07 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 9th day of June, 1977. Attested: /s/ Roy Bass Roy Bass, Mayor /s/ Treva Phillips Treva Phillips, City Secretary Approved: Approved: /s/ Wilford D. Watson /s/ Fred 0. Senter Jr. Wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney 77-36-225-575 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. 7470 on first reading. ORDINANCE NO. 7470 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:jecater un The sum $24,418.35 For the following purpose: Install water lines ahead of additions to the 1976 Paving Program. 77-36-225-576 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (36) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7471 on first reading. wr JUN 9 1977 AN APPROPRIATION ORDINANCE ORDINANCE NO.— 7471 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: Sewer Bond The sum $9,076.78 Fund For the following purpose: Install sewer lines ahead of additions to the 1976 Paving Program. 77-36-226-577 (37) Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize payment of final statement on contract U-6954 to the State Department of Highways and Public Transportation in the amount of $62,729.65. This is for the relocation of approximately 11,000 feet of three phases 12,470 volt overhead and underground primary electric distribution. 77-36-226-578 (38) 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 authorize and direct the City Secretary to advertise for sale, in accordance with the Charter $2,720,000 General Obligation Bonds, including $400,000 for Waterworks Improvements, $5 00,000 Improvements, $100,000 for Storm Sewer Improvements, $1,050,000oStreet for Sewer System $670,000 for Fire Station Improvements; the nts and 25, 1977. date and time ofsaletobe10:30proveA.M.IleCDT, August 77-36-226-579 (39) Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried Councilmen West, Jordan, Henry and MCAlister voting Yea, none voting Nay to approve rentalBass with the National Weather Service at Lubbock Regional Airport. See copy of Agreement on file in the Office of the City Secretary. 77-36-226-580 (40) 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 approve mental Agreement No. 3 to License No. DOT-FA73SW-1029 for FAA to install various equipmentSonpthe north -south runway at Lubbock Regional Airport. See copy of Supplemental Agreement on file in the Office of the City Secretary. 77-36-226-581 The following bids were received for the purchase of water items for Warehouca qfn, _ x.,.,_- (41) No. 4458. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Western Industrial Supply, Amarillo, for the Purchase of Item 1; accept the bid of M.B. McKee Co. for the purchase of Items 2, 3, 4 „ 5, 6 and 7; accept the bid of Bill Moore Supply Co. for the purchase of Items 8 and 9; accept the bid of Rockwell International, Houston, for the purchase of Item 11. 77-36-226-582 (42) The following bids were received for the purchase of video equipment for the Personnel being Bid No. 4460. Department, p merit, Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, Councilman McAlister, motion seconded by carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Video Systems, Inc., for the purchase of video equipment for the Personnel Department. 77-36-226-583 The following bids were (43) received for remodeling offices in the Police Station, 4479. on, being Bid No. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, Councilman McAlister, motion seconded by carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept in the Police Station. the bid of Pharr & Pharr Enterprises for remodeling offices '7-36-226-584 (44) The following bids were received for two bored tunnels for water lines, being Bid No. 4480. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Armadillo tunnels Boring Company, Odessa, for two bored for water lines for the Engineering Department. 7-36-226-585 The following bids (45) were received for paving curb and gutter for Boston Avenue realignment, Bid No. 4474. being Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by 636 tirl- J UN 9 19 L L Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Kerr Construction Co. for paving curb and gutter for Boston Avenue realignment. 77-36-227-586 The following bids were received for the purchase of 100,000 sets traffic citations for Municipal (46) Court, being Bid No. 4485. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Moore Business, Inc., for the purchase of 100,00 sets traffic citations for Municipal Court. 77-36-227-587 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (47) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Leroy Elmore to the Southeast Lubbock Development Corp. to replace Chester B. Banks who resigned. This term expries December 11, 1977. 77-36-227-588 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (48) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to reappoint Warlick Carr to the Canadian River Municipal Water Authority. This term is for two years and will expire July 31, 1979. 77-36-227-589 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (49) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Mrs. T.J. Patterson and reappoint Bill Pittman and Charles Lee to the Citizens Traffic Commission. These terms are for three years and will expire July 13, 1980. 77-36-227-590 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (49a) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to ratify the Lubbock Independent School District's appointement of J.P. Elms as an alternate, and Carlos Thorn ton as regular to the Tax Board of Equalization. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting, June 9, 1977. ATTEST: r revs Phillips, City Sec etary-Treasurez READ AND APPROVED THIS THE 23rd day of �3u& ROY BASS, MAYOR June, 1977. ATTEST: ROY BASS, MAYOR 72 Treva Phillips, City Se etary-Treasurer