Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 9/8/1977323 SEP 8 1977 Regular City Council Meeting September 8, 1977 5 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. Adsent: City Secretary -Treasurer Treva Phillips. 77-36-323-849 The invocation was given by Denzel Percifull, Director of Public Services. (1) 77-36-323-850 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 77-36-323-851 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor (3) Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held August 25, 1977. Councilwoman Jordan was absent at the time of this motion. 77-36-323-852 Loyd Sanders, Chairman of the Cemetery Board, appeared before the City Council and stated that (7) at the present time wooden outer enclosurers are permitted in the welfare section of the Cemetery and in the areas of predominantly Black and Mexican American burials. The Cemetery Board recommends that wooden boxes be allowed only in the welfare section. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Henry and McAlister voting Yea, none voting Nay to approve the recommendations of the Cemetery Board. Councilwoman Jordan was absent at the time of this motion. At this point, in compliance to Section 2F, Article 6252-17, V.A.T.S., Mayor Bass announced that an Executive Session would be held immediately following lunch to discuss personnel matters, pending litigation and property acquisition. 77-36-323-853 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (8) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance. No. 7519 on second and final reading. ORDINANCE NO. 7519 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. 2135; CHANGED BLOCK 1, WESTERN WAYS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 ZONING DISTRICTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-323-854 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (9) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7520 on second and final reading. ORDINANCE NO. 7520 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. 2137; CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-323-955 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (10) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7521 on second and final reading. ORDINANCE NO. 7521 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2001-A, CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, LUBBOCK COUNTY, TEXAS FROM A--1 TO C-2 ZONING DISTRICT; PROVIDING A SAVING CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-323-856 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor {11) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7522 on second and final reading. ORDINANCE NO. 7522 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6843 OF THE CITY OF LUBBOCK; ZONE CASE NO. 1947- A, CHANGEING THE ZONING ON A TRACT OF LAND OUT OF SECTION 44, BLOCK A-K, LUBBOCK COUNTY, TEXAS, BY AMENDING CONDITION NO. 1 MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-323-857 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (12) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7523 on second and final reading. ORDINANCE NO. 7523 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. 2146; CHANGE LOTS 157 THROUGH 192, PARK LORRAINE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-323-858 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (13) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7524 on second and final reading. SEP 324 8 1977 ORDINANCE NO. 7524 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. 2147; CHANGE THE NORTH 96 FEET OF TRACT B, GLENRIDGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-1 TO A-1 ZONING DISTRICT; SUB- JECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDIGN FOR PUBLICATION. 77-36-324--859 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (14) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7525 on second and final reading. ORDINANCE NO. 7525 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 12 66-E; CHANGE LOT 410. ALFORD TERRACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-2 a to C-2A SPECIFIC USE PERMIT; PROVIDING FOR CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-324-860 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7526 on second and final reading. ORDINANCE NO. 7526 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. 2150; CHANGE LOTS, 1,2,3 and 4, GODWIN ADDI- TION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-324-861 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (16) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7527 on second and final reading. ORDINANCE NO. 7527 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. 2152; CHANGE A TRACT OF LAND OUT OF THE NORTH EAST QUARTER OF SECTION 44, BLOCK AK, LUBBOCK COUNTY, TEXAS, FROM R-1 To R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF THE NORTHEAST QUARTER OF SECTION 44, BLOCK AK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF THE NORTHEAST QUARTER OF SECTION 44, BLOCK AK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-4 ZONING DISTRICT; SUBJECT TO CONDI- TIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36--324-862 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (17) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7528 on second and final reading. ORDINANCE NO. 7528 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. 2153; CHANGE A TRACT OF LAND OUT OF SECTION 3, BLOCK S, LUBBOCK COUNTY, TEXAS, FROM R-1 TO M-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-324-863 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (18) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordin- ance No. 7532 on second and final reading. ORDINANCE NO. 7532 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCE, CITY OF LUBBOCK, TEXAS, BY AM- ENDING SECTION 18-33 THEREOF GOVERNING MOTOR VEHICLE ACCIDENTS; AMENDING SECTION 18-34 PROVIDING FOR THE DUTY TO GIVE INFORMATION; AMENDING SECTION 18-37 PROVIDING FOR DUTY TO IMMEDIATELY RE- PORT ACCIDENTS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77--36-324-864 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (19) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordin- ance No. 7530 on second and final reading. ORDINANCE NO. 7530 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION OF NORTH - SOUTH ALLEY LYING BETWEEN LOTS 67 AND 68, ARNETT AND BENSON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 77-36-324-865 Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor (20) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RF.gnT,TTTTTC)N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of owners of property abut- ting on the portion of alley being closed as the respective interests of such owners may appear of public record in Lubbock County, Texas, 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. F Passed by the City Council this 8th day of September, 1977 3125 SEP 8 1977 pq 44 77-36-325-866 (23) 77-36-325-867 (24) - 4)?455 Y BA S, MA OR QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK X THAT the CITY OP LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texax, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable.. consideration to it in hand paid by owners of property abutting on a portion of alley (hereinaft-, er described) which has been or is being closed and abandoned for public use by the City Council of the City of Lubbock; Texas, as the respective interests of such owners may appear of public record in Lubbock County, Texas, hereinafter called "Grantee," the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: A portion of the North -South alley between Lots 67 and 68, Arnett & Benson Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING as the Southeast corner of the South 1/2 of Lot 67, Arnett & Benson Addition. THENCE North a distance of 132.5 feet to a point, said point being the Southeast corner of a 15.00 foot East-West alley. THENCE East a distance of 15.00 feet; THENCE South a distance of 132.5 feet to the Southwest corner of Lot 68, Arnett & Benson Addition. THENCE West a distance of 15.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the Grantor, City of Lubbock, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, THIS 8th DAY S EMBER, 1977. ROY AASS, MAYOR Aaa 1 , • Treva Phillips, City Secretary -Treasurer AP;RffltD AS FORM: Fred 0. Senter, Jr., ty ttorney Motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. ,; 7533 on second and final reading. ORDINANCE NO. 7533 AN ORDINANCE AMENDING SECTION 30-8 OF CHAPTER 30 OF THE CODE OF ORDINANCE, CITY OF LUBBOCK, TEXAS, PROVIDING FOR THE LEVY OF A TAX UPON THE COST OF OCCUPANCY OF ANY HOTEL ROOM OR SPACE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. NOTICE OF COMMUNITY DEVELOPMENT PROGRAM PUBLIC HEARING On September 8, 1977, at 10:30 a.m. in the Council Chamber of the Municipal Building, 916 Texas Avenue, the City Council of the City of Lubbock will hold a public hearing in regard to an amend- ment of the 1977 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 reallocation of $543,600 in Third -year Community Development funds. Further information regard- ing this reallocation may be obtained from the Community Development Department, Room 202, Munic- ipal Building, 762-6411 extension 388. In accordance with the above Notice of Public Hearing, heraing was held on the reallocation of $543,600 in 3rd Year Community Development Funds. Mayor Bass called for all interested persons to appear before the City Council. Bidel Aguero, representing the Arnett -Benson Neighborhood 3`, SEP 8 1977 E1iseo Sol"-, representing Raza linida, Juanita Aguero, ro-n-ko-s4'ting the Association of Mexican - American Women, Leopoldo A. Quirino, representing the American GI Forum, and Hopie Webb, appeared, before the City Council endorsing the request that these funds be used to upgrade the Arnett -- Benson area. Sister Regina Foppe appeared requesting that these funds be reallocated to a large scale weatherization program. No one else came forward; whereupon, Mayor Bass announced that the' hearing was closed. No action was taken at this time. 77-36-326-868 The City Council discussed an amendment to the zoning ordinance regarding the sale of alcoholic (25) beverages as an incidental use. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Council- men West, Jordan, Henry and McAlister voting Yea, none voting Nay to refer this item back to the Planning and Zoning Commission. 77-36-326-869 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor (26) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7434 as an emergency measure. ORDINANCE NO. 7�34 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK BY SUSPENDING THE APPROVAL OF ZONE REQUEST ON TRACTS A THRU M,P, & Q AND THE SOUTH 200 FEET OF LOTS 1-A, 2-A, 3-A AND TRACT "R" OF FIESTA AUTOLAND CENTER, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, DURING AN IN- TERIM PERIOD; ESTABLISHING THE INTERIM PERIOD; DIRECTING A STUDY OF DEVELOPMENT WITHIN SUCH AREA; SUSPENDING BUILDING PERMITS WITHIN SUCH AREA DURING THE INTERIM PERIOD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. 77-36-326-870 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, (27) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize publication of Notice to Bidders on the 1977 Community Development Paving Improvement Project. 77-36-326-871 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (28) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following re- solution be passed. 7?VQ0TTTTTAM Resolution accepting water and sewer system improvements for Lots 12 thru 20, Commerce Park Addition. WHEREAS, the developer of Lots 12 thru 20, Commerce 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 $24,802.41 with the improvements con- structed by Panhandle Construction Company having a value of $20,614.77 as determined by the unit prices established by said Chapter 34, amd $4,187.64 cash paid to the City, with S.ER.A., the developer, to receive a refund of $726.13 in accordance with Chapter 34 of the Code of the City of Lubbock and, a special refund of deposit of $379.65, and, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are herby 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 $726.13 be made in accordance with said Chapter 34. 3. That a special refund of deposit of $379.65 be made. 4. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8th DAY OF SEPTEMBER, 1977. Attestedrj� Treva Phillips, City Secretary -Treasurer Approved: Wilford D. Watson, City Engineer I/ &SS Roy Bass, Mayor Appr: s Fred 0. Senter, Jr., City Attorney 77-36-326-872 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (29) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. L G RTCnTTTTTr)M Resolution accepting water and sewer system improvements for Lots 1 thru 130, Woodland Park Addition. WHEREAS, the developer of Lots 1 thru 130, Woodland Park Addition have complied with the 3�'7 a 77-36-327-873 (30) 77-36-327-874 (31) 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 $89,399.64 with the Improvements con- structed by Holloway Contracting Company having a value of $80,904.72 as determined by the unit prices established by said Chapter 34, and $8,494.92 cash paid to the City, with State Savings of Lubbock, the developer, to receive a refund of $9,292.79 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 sepcifications. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. That the refundable cost in the amount of $9,292.79 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force and after its passage. PASSED AND APPROVED THIS 8th DAY OF SEPTEMBER, 1977. Roy Bas , Mayor A tfg sr; e,; Treva Phillips, City Secretary -Treasurer Approved: Wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize publicati of Notice to Bidders for renovation of Southeast Reclamation Plant. 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. 7535 on first reading. ORDINANCE NO. 7535 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; h 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 Fund. The sum $20,000.00 For the following purpose: Engineering for renovation of S.E. Sewage Treatment Plant. AND IT IS SO ORDERED Passed by the Council on first reading this 8th day of September, 1977. 77-36-327-875 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, (32) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize publication of Notice to Bidders for drilling and developing seven wells in the Sandhills. 77-36-327-876 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. 0i 1 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 Special Warranty Deed in favor of James W. Mooring (aka Jim Mooring and J.W. Mooring) and Armand Weathers dba Mooring Machine and Tool Company (a partnership), 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 8th day of September, 197 77 r. nt• r■ nn wrn [inn 3* oar 8 1977 'lam Treva Phi lips, Cxty Secretary -Treasurer APP�jQ.I. AS TO FORM; " 0. en er, J'r.,7�'Attorney SPECIAL WARRANTY DEED STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS; COUNTY OF LUBBOCK I THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, herein called "CITY" for and in consideration of the sum of TEN AND N01100 ($10.00) DOLLARS in hand paid to James W. Mooring (Aka Jim Mooring and J.W. Mooring) and Armand Weathers DBA Mooring Machine and Tool Company (a partnership) herein called YGRANTEE", and the further consideration of a Release to City by Grantee of access rights to Texas Avenue from adjacent and abutting property of Grantee fronting on Texas Avenue in form satisfactory to legal counsel for City, and relocation of some doors, alteration of a fence and a hoist rail at the expense of the City of Lubbock occassioned by release of such access rights, and other good and valuable consideration, to it in hand paid by Grantee of Lubbock County, Texas, receipt and sufficiency of which is here- by acknowledged and confessed, and for the payment of which no right or lien, expressed or im- plied is retained: Has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the said Grantee, of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, and being more particularly described as follows: Lots 7,8,9, and 10, all in Block 40, Original Town of the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said Grantee, its successors and assigns, forever, and the CITY OF LUBBOCK does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, his successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under it. It is hereby stipulated and agreed that by Grantee's acceptance of this deed (which is binding upon its successors in title) that access including ingress, regress, and egress to Texas Avenue from the aforesaid Lots 7,8,9, and 10 is prohibited, such prohibition being neces- sitated by and expedient to the construction of an underpass from Texas Avenue south of Sixth Street to Avenue H at Fourth Street as a public traffic safety project in the City of Lubbock, Lubbock County, Texas, for such lawful municipal public purpose. WITNESS MY HAND AT LUBBOCK, TEXAS, this 8th day of Sept a Lgss ROY BA5 , MAYOR ATTE � • Treva Phillips, City Secretary -Treasurer ARED TO RM: Fred 0. Senter, Jr. City Attorney 77-36-328-877 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (34) Bass, Councilmen West, Jordan, Henry and ItAlister 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 (as Purchaser) a Contract of Sale and Purchase of Land with Sellers OLETA WORRELL and JOICE W. SOLOMON, as Independent Executrix and GEORGE G. WO ELL as Independent Executor, respectively of the Estate of Chance C. Worrell, deceased, as regards land needed for a new Central Fire Station, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute abd be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of Septemeber, 1977. l ROY BASS, MAYOR ATTE Treva Phillips, City Secretary -Treasurer A r.yed As to Form: SEP g 1c F F F CONTRACT OF SALE AND PURCHA�9`E OF LAND THE STATE OF TEXAS X COUNTY OF LUBBOCK r This contract is entered into this 8th day of September, 1977, by and between OLETA WORRELL, if Tarrant County, Texas, surviving spouse and heir of CHANCE C. WORRELL, and JOICE W. SOLOMON, of Harris County, Texas, Independent Executrix and GEORGE G. WORRELL, of Lubbock County, Texas, Independent Executor, both respectively of the Estate of Chance C. Worrell, deceased, herein collectively called "SELLER" and the City of Lubbock, Texas, a Texas Home Rule Municipality located in Lubbock County, Texas, herein called "CITY"; do hereby contract and agree as follows. Seller agress to sell and City agress to buy the following described land: Lots 11 through lb (inclusive) all in Block 211, Original Town of the City of Lubbock, Lubbock County, Texas. Subject to the terms and conditions as herinafter stated. City agress simultaneously with the execution of this Contract by City to deposit with ai abstract and title company authorized to do business and having an abstract plant in the City of Lubbock, Lubbock County, Texas, as named by the Seller, the sum of $500.00 in escrow and a a down payment on the purchase price of the land being purchased, which land is the real esta- above described. This contract is specifically made subject to there being available free and unencumbere( bond funds available to City in the full amount of the purchase price resulting from the sale of bonds authorized for erection of a new Central Fire Station in the City of Lubbock, Lubbocl County, Texas, this contract being made subject to said availability of said funds some time or after October 15, 1977, and this contract shall be consummated within 30 days after City notifies seller to such effect in writing by certified U. S. Mail at the following address: Mr. W.G. Solomon, Attorney At Law, 10115 Olymphia Drive Houston Texas 77042said that such u s are available to consummate the purchase of land, and within 30 days period Seller sha deliver its warranty deed conveying good and merchantable title unto City to the Escrow holding Abstract and Title Company designated by Seller, and upon examination of said deed and issuance of a title policy in the amount of the purchase price (if title policy and deed are satisfactory to the City's attorney) the City shall pay in addition to the $500.00 escrow down payment, the additional sum of $49,500.00. Seller shall pay for the title policy and expense of the title transfer. Seller agrees to deliver possession of the property upon consummation of this contract al or title transfer including removal of any tenants or lessees in possession of all or any par of the land hereinabove described to be transferred and conveyed by Seller to City. If the bond funds above -mentioned do not become lawfully available to the City by Januar: 1978, to consummate this land conveyance, then City shall notify the escrow holder to such ef• fect in writing and the $500.00 down payment deposit (referred to above) shall be refunded to City, and this contract shall thereafter be null and void, and no longer of any force or effo If title fails and/or the title policy to be issued or the deed are unsatisfactory to City's Attorney as regards evidence of good and merchantable title passing to the City, then City shall so certify to the escrow holding abstract and title company and City's $500.00 deposit shall be refunded to it. It is it,--� 's understanding that Seller has tendered some sort of formal or informal oral or written Aption to sell the real estate hereinabove described unto Seller's tenant, Poindex Motor Company, in view of which fact it is hereby specifically stipulated and agreed that by Seller's execution of this contract Seller certifies that such first option has been offered said Poindexter Motor Company and refused, and further certifies that Seller will cause Poin- dexter Motor Company to vacate the premises (herein concerned to be conveyed) by the time de- livery of possession of said premises by Seller to City is due under the terms of this contra Taxes shall be prorated to date of closing and/or consummation of this transaction to th end that all taxes for the current year and all prior years will be paid to date of conveyanv Seller to City, whereupon after date of conveyance said property so conveyed will become publ property owned by City and (as such) exempt from taxation. In any event, if this contract and/or transaction is not consummated by January 31, 1978 for any reason whether stated herein or not, the City shall be entitled to the refund of its $500.00 down payment deposit by the escrow holding abstract and title company. ATTEST: OQUW �r Treva Phillips, City Secretary -Treasurer CITY LUB K♦ BY: ) ROY BASS, MAYOR OLETA WORRELL In Capacity Above Stated JOICE W. SOLOMON In Capacity Above Stated 30 8 1977 INVED TO ORM: T r Fr d 0. Senter, Jr., City Attorney 77-36-330-878 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (35) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7536 as an emergency measure. ORDINANCE NO. 7536 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, 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: Fire Station Bond Fund The sum $500.00 For the following purpose: The sum of $500.00 to be placed in escrow and as down payment for purchase of lots 11,12,13,14 15 and 16, block 211, original town of city of Lubbock, to be used for location for new Central Fire Station building. WHEREAS, an emergency exists as shown in the preamble to this ordinance, the enactment of this ordinance 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 dis- pensed with; and this ordinance shall be effective from the date of its passage. AND IT IS SO ORDERED Passed by the Council on this 8th day of September, 1977. 1 ROY BASS, MAYOR ATTES Verified By: Treva Phillips, City Secretary-Treas. Finance Officer Approved By; Head of Dept. '7-36-330-879 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (36) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. PT7Q0T.TTTTnV 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 Correction Amendment to Warranty Deed in favor of FEAGIN AND BANKS DEVELOPMENT, 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 in detail. Passed by the City Council this 8th day of September, 1977. ROY S, MA OR ATTE: e4x�� _�... /''✓" Treva Phillips, City Secretary -Treasurer AP4XMtD A Fred 0. Senter, Jr., Kity Attorney F F 77-36-331-880 (37) r i SEP 8 CORRECTION AMENDMENT TO­,VARRANTY DEED THE STATE OF TEXAS I COUNTY OF LUBBOCK I Whereas, a Warranty Deed executed by the City of Lubbock, Texas, as grantor, in favor of FEAGIN AND BANKS DEVELOPMENT, as grantee, dated June 23, 1977, and recorded at Volume 1532, pa, 692 of the Deed Records of Lubbock County, Texas, contained an error of the scrivener in the first call describing the beginning point of the legal description contained in said deed, and it is expedient and a public need that the public records be corrected to correct such error; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: That in consideration of ONE AND N0/100 ($1.00) DOLLARS to said Grantor in hand paid, and other good and valuable consideration, said Warranty Deed is hereby amended by changing the said first call in the legal description of said Warranty Deed to read hereafter as follows: "BEGINNING at a point which is 60.00 feet West and 26.93 feet North of the original Southwest corner of Lot 7, Block 2, Southwest Acres Addition to the City of Lubbock, Lubbock County, Texas;" Said Warranty Deed as hereinabove referred to shall in all other respects remain the same and as hereby amended is hereby ratified and confirmed and of full force and effect. WITNESS MY HAND AT LUBBOCK, TEXAS, this 8th day ep ber, 1977. ROY BASS, MAYOR ATTEST: Treva Phillips, City Secretary -Treasurer COV f TOOFORM: !} red 0. Senter, Jr., City Attorney The City Council considered an ordinance regarding swimming in private lakes. After consider, ation of all information presented, it was the general consensus of the City Council to hold this proposed ordinance for further study. 77-36-331-881 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor B. (38) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve Change Ord No. 2 to the contract with H. B. Zachry Company to include four lighted supplemental wind cone at Lubbock International Airport. CHANGE ORDER NO. 2 Runway 17R-35L Improvements Lubbock Regional Airport Lubbock, Texas ADAP Project No. 6-48-0138-08 TO: H. B. ZACHRY COMPANY P. 0. Box 21130 San Antonio, Texas 78285 General description of work included in contract: The construction of approximately 148, 000 square yards of rigid overlay pavement with level up course on existing runway, constructi of approximately 81,000 square yards of rigid pavement on the extension of Runway 17R and the parallel Taxiway M, construction of taxiway connections, modifications to existing airport lighting system, new high intensity lights on the extension of Runway 17R, new taxiway lights on the extension of Taxiway M, removal of existing paving, drainage structures, marking run- ways and taxiways, construction of blast pads for Runway 17R-35L, excavation work, seeding shoulders and other related items of work. Original amount of contract ...................... $4,349,689.00 Change Order No. 1...............................(Add) 2,262,100.00 Change Order No. 2...............................(Add) 8,000.00 Adjusted Contract Amount .................... $6,619,789.00 Adjustment in Construction Time: Original Date of Completion ............... October 31, 1977 Change Order No. I ........................ Add 47 days Change Order No. 2........................ None Adjusted Date of Completion ............... December 17, 1977 WHEREAS, it is desirable to make changes in the work to be constructed under this project THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage gained, the Owner an the Contractor agree to the changes indicated below and further agree that the amount of the contract shall be adjusted by the amount shown above. 32 P 8 1977 1. The work included in the project shall be changed to include four C4) lighted supplemental wind cones. 2. Section 22, "Installation of Airport Supplemental Wind Cones," and the included drawing, shall be added to the specifications, A copy is attached to this change order. 3. The lighted supplemental wind cones shall be installed at the follow- ing locations: a. On Runway 35L - Approximately 1,000 feet north of the south threshold and 150 feet west of the west edge of the runway. b. On Runway 17R - Approximately 1,000 feet south of the extended north threshold and 150 feet east of the east edge of the runway. c. On Runway 26 - Approximately 1,000 feet west of the east threshold and 150 feet south of the south edge of the runway. d. On Runway-9 - Approximately 1,000 feet east of the west threshold and 150 feet north of the north edge of the runway. 4. Cable for each lighted supplemental wind cone shall be connected in accordance with the specifications to the adjoining runway lighting cable. 5. Lighted supplemental wind cones will be paid for at the unit price, complete in place, each of $2,000.00. Add: 4 Each @ $2,000.00 = $8,000.00 The aforementioned changes, and work affected thereby, are subject to all contract stipulations and covenants. The Owner and the Contractor agree that there will not be an adjustment to the time allowed for completion of the project for the above -listed changes. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 8th day of September, 1977. RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers BY , , ,1977 APPROVED: H. B. ZACHRY COMPANY, Contractor By , ,1977 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By 1977 ATTEST: City Sectreatry-Treasurer '7--36-332-882 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor Bass, (39) Councilmen West, Jordan, Henry and McALister voting Yea, none voting Nay to authorize the City Secretary to designate deputies for the City Secretary's Office. 7-36--332-883 Motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor Bass, (40) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be abd is hereby authorized and directed to execute for and on behald of the City of Lubbock an AGREEMENT between the CITY OF LUBBOCK and the DRUG ENFORCEMENT ADMINISTRATION, attached herewith which shall be spread upon the mintues of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of September, 1977. i ROY BASS, MAYOR AT m :w 6P,■ • TREVA PHILLIPS, CITY SECRETARY -TREASURER AP�ED AS PR$D 0. SENTER, JR., OITY ATTORNEY F1 F F SEP 81 77-36-333-884 The City Council considered the claim of George R. Wimberley in the amount of $262.15 for wat, (41) damage to his floor. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman West, motion carried, Mayor Bass, Councilmen Wes - Henry and McAlister voting Yea, Councilwoman Jordan voting Nay to deny this claim. 77-36-333-885 The City Council considered the claim of Mrs. A.C. Drake in the amount of $300.00 for alleged (41a) electric bill overcharge. Mrs. Drake appeared before the City Council stating why she felt this claim should be paid. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Henry and McAliser voting Yea, Councilwoman Jordan voting Nay to deny this claim. 77-36-333--886 The following bids were received for the purchase of miscellaneous street lighting items for (42)' Warehouse Stock, being Bid No. 4564. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of General Electric Supply Co. for the purchase of Items 1 and 7; accept the bid of Temple, Inc., for the purchase of Items 2 and 6; accept t] bid of C. B. Anderson, Amarillo, for the purchase of Item 3; accept the bid of Nelson Electric Supply for the purchase of Item 4; accept the bid of Westinghouse Electric Supply for the purchase of Item 5. Tie bids were received on Item 3 of this bid from C. B. Anderson and Westinghouse Electric Suppy, lots were drawn and the bid was awarded to C.B. Anderson. 77-36-333-887 The following bids were received for water distribution mains for the Engineering Department, (43) being, Bid No. 4571 After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Panhandle Construction Company for water distribution mains for the Engineering Department. 77-36-333-888 The following bids were received for renovation of the Municipal Building at 9th Street and (44) Texas Avenue, being Bid No. 4574. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the low bid of Pharr & Pharr Enterprises for renovation of the Municipal Building at 9th Street and Texas Avenue with the understanding that a change order may be needed at a later time and will be brought before the City Council. 77--36-333-889 The following bids were received for the purchase of 2" water meters for Public Works, being (45) Bid No. 4579. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Hersey Products, Inc., Dallas, for the purch� of 2" water meters for Public Works. 77-36-333-890 The following bids were received for the purchase of tables (50 each 5' round and 30 each 8' (46) rectangular) for the Civic Center, being Bid No. 4578. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Hunter Millworks for the purchase of tables for the Civic Center. 77-36-333--891 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 George Nelson to the Urban Renewal Board to replace Ken Hobbs who resigned. This term expire: Novemeber 26, 1978. 77-36-333-892 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 appoint Jim Kimmell to Board of Health for Lubbock Regional Mental Health and Mental Retardation Center to replace Dr. Leonard James who resigned. This term expires August 31, 1978. 77-36-333-893 The City Council considered a request for release of a mowing lien. After consideration of a' (49) information presented, motion was made by Councilman McAlister, seconded by Councilwoman Jord: motion carried, Mayor Bass, Councilmen West, Jordan and McAlister voting Yea, Councilman Henr; voting Nay to refer this matter to the City Attorney and the City Manager and authorize them to do what is necessary. 77-36-333-894 At this point, Mayor Bass made the following statement: "I am very disappointed that I must announce to the people of Lubbock that the planned sale o: $2,700,000 in bonds to finance numerous projects to improve our fire protection, water system street and other facilities must be delayed. This sale had been scheduled for September 29 and has already been delayed once because of a lawsuit challenging the election in which the majority of Lubbock voters authorized the financing of many vitally needed projects. The City of Lubbock won that lawsuit in 99th District Court, but a motion for a new trial has been filed and that legal maneuver forces th indefinite postponement of the planned sale. We are confident of an ultimate victory in this legal action, but the bonds can not be sold until the legal question is finally resolved. �4 ' 8 1977 The money obtained from this bond sale was to provide improved streets at several locations including Quirt Avenue at 34th Street. It was to allow immediate work to expand the capacity of our water treatment plant and our water reclamation plant and prevent low water pressure in some parts of the City. It was to allow us to hire architects to design two badly needed fire stations, and in my view, this particular delay is exceedingly unfortunate because a number of our citizens will have to stay longer than the Council would have wished outside the five minutes response time with considerably greater risk to ;property and lives as well. All these plans must now be set aside until bonds can be sold to pay the cost of engineering, design and construction. I regret this delay in our ability to fulfill the wishes of the majority of the voters, but the City Council pledges to get this matter resolved as soon as possible so this important work can procEed. I do think it will be at least seven months to a year, however, in delay so far as t can now tell. It is exceedingly regrettable in the view of the vote of the people sometime back to authorize these needed improvements.'' No Further Business Coming Up For Consideration, The City Council Adjourned From Regular Meeting, September 8th, 1977. 1 ROY BASS, MAYOR ATTEST: T VA PHILLIPS, Y �2r ASU RDAY September ATTEST: , t9EVA PHILLIPS, C -Y SE ETARY-TREASURER ,197 I s� ROY BASS, MAYOR 17