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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/25/197814 Y 2 5- 1978 REGULAR CITY COUNCIL MEETING MINUTES MAY 25, 197u 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 Dirk West, Councilman Alan Henry, Councilwoman Carolyn Jordan, Councilman M. J. Ader- ton, Councilman Bill McAlister, City Manager Larry Cunningham, Assistant City Attorney Ken Jones and City Secretary -Treasurer Treva Phillips. Absent: City Attorney Fred 0. Senter, Jr. 78-37-146-431 The invocation was given by Tom Foster, Fire Chief. (1) 78-37-146-432 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chamber. 78-37-146-433 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (3) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to approve the City Council Minutes - Regular Meeting held May 11, 1978. At 9:50 A.M., Mayor West announced that an executive session would be held immediately after lunch to discuss land acquisition and personnel matters. 78-37-146-434 Motion was made by Councilwoman Jordan, seconded by Councilman Aderton, motion carried, (7) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to pass Ordinance No. 7664 on second and final reading. ORDINANCE NO. 7664 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: The sum $ 271,450.20 For the following purpose: 1977 Alley and Street Improvement Project: Breakdown: (G.W.O. 10,922-A) Ref, Number. 1 Accounts receivable from assessments -------------------------- $128,901.64 (2) Pre -paid------------------------------------------------------ 26,890.39 (3) City Cost----------------------------------------------------- 111,659.77 (F.R.S. 4049-- $35,021.62 and F.R.S. 4052 $76,638.15) (4) City Cost (Street Improvement Bond Fund)---------------------- 3 998.40 $271, 50.20 78-37-146-435 Motion was made by Councilwoman Jordan, seconded by Councilman Aderton, motion carried, (8) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to pass Ordinance No. 7667 on second and final reading. ORDINANCE NO. 7667 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 -wait: STREET LIGHTING BOND FUND The sum $ 30,000.00 For the following purpose: To install residential street lights at various locations in the City of Lubbock, Texas. 78-37-146-436 Motion was made by Councilwoman Jordan, seconded by Councilman Aderton, motion carried, (9) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to pass Ordinance No. 7665 on second and final reading. ORDINANCE NO. 7665 AN ORDINANCE ABANDONING AND CLOSING A FOUR FEET BY SIX FEET TRANSFORMER PAD EASEMENT LOCATED IN TRACT "L", MELONIE PARK SOUTH ADDITION TO CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OF n CIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 78-37-146-437 Motion was made by Councilwoman Jordan, seconded by Councilman Aderton, motion carried, (10) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that the following resolution be passed. -__ SOUTHERN PLACE H MAY t 5 1978 14'7 78-37-147-438 (11) RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock Be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of JACK GAULDING and AUGUSTINE and ASSOCIATES (a partnership composed of Frank A, Augustine and wife, Margaret D, Augustine 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 25th day of May, 1978. ATTEST: /s/ Treva Phillips Treva Philliips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attoreny QUITCLAIM DEED THE STATE OF TEXAS X COUNTY OF LUBBOCK I /s/ Dirk West DIRK WEST, MAYOR KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and inconsideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by JACK GAULDING and AUGUSTINE and ASSOCIATES (a partnership composed of Frank A Augustine and wife, Margaret D. Augustine, 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 situtated in the County of Lubbock, State of Texas, described as follows, to -wit: A 4.00 feet by 6.00 feet Transformer Pad Easement in Tract "L", Melonie Park South an Addition to the City of Lubbock, Lubbock County, Texas, being, more particularly described as follows: BEGINNING at a point which bears North 0°02'13" East 76.82 feet and South 89-57147" East 20.00 feet -tor-the point of beginning; THENCE SOUTH 89*57147'' East a distance of 4.00 feet; THENCE North 0°02'13" East a distance of 6.00 feet; THENCE North 89°57'47" West a distance of 4.00 feet; THENCE South 0°02'13" West a distance of 6.00 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, pri- II veleges and appurtenances thereto in any manner belonging unto the said GRANTEE, its succes-, sons 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 de- mand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 25th day of May, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman Aderton, motion carried, Mayor West, Councilmen Herny, Jordan, Aderton and McAlister voting Yea, none voting Nay to pass Ordinance No. 7666 on second and final reading. 148 1978 78-37-148-439 (12) ORDINANCE NO. 7666 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE AND UTILITY EASEMENT LOCATED ALONG THE NORTHEAST SIDE OF LOT 114, RAINTREE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to exe- cute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of BOBBY DAY and WALTER MANTOOTH 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 25th day of May, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney QUITCLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK X THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by BOBBY DAY and WALTER MANTOOTH 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 situtated in the County of Lubbock, State of Texas, described as follows, to -wit: A 10.00 foot drainage and utility easement lying along the north- east side of Lot 114, Raintree Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, priv- eleges 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 25th day of May, 1978. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. _ M Fred 0. Senter, Jr., City Attorney /s/ Dirk West DIRK WEST, MAYOR 78-37-148-44D NOTICE OF CITY COUNCIL HEARING (15) 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 25th day of May, 1978, at 10:30 A.M., in the City Council Chamber on the Second Floor of the City Hail in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Com- mission 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 determined whether the Zoning Ordinance and map will be amended in accordance with such recommendation: ZONE CASE NO. 1794-F - Request of J. D. Chandler to change Tract C, Raintree Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-1 Zoning District. MAY 2 5 1978 149 (Located North of 86th Street and East of Memphis Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be approved subject of the following condition: 1. That this request be limited to townhouses. ZONE CASE NO. 1489-A - Request of Kenneth A Williams to change Lots 1,2,3,4,21,22,23,24, Block 96, Overton Addition, City o Lubbock, Lubbock County,.Texas, from R-3 Sp. Use and C-3 Sp. Use to A-2 Zoning District. (Located North of Main Street and West of Avenue X). The Planning and Zoning Commission recommended to the City Council that this request be approved ZONE CASE NO. 1996-B - Request of Burl W. Masters (for Trigon Corp.) to change part of Tract D, Sentry Park Addition, City of Lubbock, Lubbock County, Texas, from C-2A to C-3 Zoning District. (Located South of 66th Street and West of Slide Road). METES AND BOUNDS DESCRIPTION of a portion of Tract "D", Sentry Park, an addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at the Northeast corner of Tract "D" Sentry Park; THENCE SOO 01100" E along the east line of Tract "D", and along the West R.O.W. line of Slide Road, a distance of 285.19 feet to a point; THENCE S89059'00" W a distance of 254.00 feet to a point; THENCE S00°01100" E a distance of 162.75 feet to a point in the North R.O.W. line of 68th Street; THENCE S89059'00" W along the South line of Tract "D'' and along the North R.O.W. line of 68th Street, a distance of 354.50 feet to a point; THENCE NOO°O1'OO" W a distance of 449.00 feet to a point on the North line of Tract "D"; THENCE S89059'00" E, along the North line of Tract "D", a distance of 608.50 feet to the point and Place of Beginning. Contains 5.32 Acres. The Planning and Zoning Commission recommended to the City Council that this request be approved subject of the following conditions: 1. That permanent access easement be provided immediately to the north. 2. That a screening fence be provided on the back side of the store made of proper material compatible to the building. 3. That this request be tied to a department store, "discount" center, family center. ZONE CASE NO. 2186 - Appeal of W.D. "Dub" Rogers, Jr. (for Cumberland Presbyterian Church) for a Specific Use Zone Change, fr6m R-I to C-2 Specific Use Permit under provisions of Sec- tion 22.3-23 of the Zoning Ordinance, for offices on a tract of land out of Sec. 11, Block E 2, City of Lubbock, Lubbock County, Texas. (Located at 78th Street and Indiana Avenue). A portion of Indiana Drive South adjacent to Tract "G", Melonie Park South, an addition to the City of Lubbock, Lubbock County, Texas, and being more particularly described as follows. BEGINNING at the Northeast corner of Tract "G", Meionie Park South: THENCE South W 58'50" East a distance of 5.09 feet; THENCE South 0001110" West along a line parallel to and 55.00 feet West of the East line of Section 11, Block E-2, a distance of 262.35 feet to a point on a curve whose radius bears North 89°58'50" West a distance of 5.00 feet; THENCE Northwesterly around a curve to the left having a radius of 5.0 feet, tangent lengths of 36.74 feet, delta angle of 164°29'56", chord length of 9.91 feet and a curve length of 14.36 feet to a point of reverse curvature; THENCE around a curve to the right having a radius of 1412.00 feet, tangent lengths of 123.86 feet, delta angle of 10°01'34", chord length of 246.77 feet and a curve length of 247.08 feet to a point of reverse curvature; THENCE around a curve to the left having a radius of 15.00 feet, tangent lengths of 23.81 feet, delta angle of 115°35'46", chord length of 25.33 feet and a curve length of 30.26 feet to a point of tangency; THENCE North 89°58'50" West a distance of 11.89 feet to a point of curvature; THENCE around a curve to the left having a radius of 100.00 feet, tangent lengths of 57.92, delta angle of 60°09'27", chord length of 100.24 feet and a curve length of 104.99 feet to a point of reverse curvature on a curve in the Easterly boundary of Tract "G", Melonie Park South; THENCE Northeasterly along a curve to the left, said curve being the Easterly boundary of Tract G, Melonie Park South and having a radius of 1,370.00 feet, tangent lengths of 302.49 feet, delta angle of 24°54'05", chord length of 590.75 feet and a curve length of 595.42 feet to the PLACE OF BEGINNING. The Planning and Zoning Commission recommended to the City Council that this request be denied. 150 MAY 1978 NOTICE is hereby given to all interested persons as provided by law, that the City Council will hold a public hearing on the 25th day of May, 1978, at 10:30 a.m., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommenda- tions of the Planning and Zoning Commission that the Zoning Ordinance 7084 be amended to amend Sections of said Zoning Ordinance as described below; and at which time and place all inter- ested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance will amended in accordance with such recommenda- tions. II Consider amendments to Zoning Ordinance. PRESENT Sec. 2.11a None Sec. 2.107a None Sec. 6.6-1. This section is not altered. Additions have been added to the existing paragraph. Sec. 20.3-51a None Sec. 25.1-1 There is hereby created a Zoning Board of Adjustment consis- ting of five regular members, each to be appointed be the City Council, and also consisting of two alternate members appointed by the City Council. Either one or both of said Board of Adjustment alternate members may ser- ve as an acting member at any meeting of said Board in the absence of any regular members of said Board. PROPOSED Sec. 2.11a BANNER, FLAG or PENNANT: Any sign exposed to the weather and which is made from or on cloth or other limp material. A flag shall be any such sign which is flown from one flag staff. Any sign made from or on cloth or other limp mat- erial and which is displayed behind glass and with- in a building shall be deemed a wall sign. 11 Sec. 2.104a STACK LOT: A lot used for the out- side storage of used materials, machinery, or equipment and to which the general public is not normally invited. Sec. 6.2-3 No use shall otherwise be permitted Il which is or would reasonably be injurious to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise,vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at common law. NOTE This is also for Sections 7.2-4, 8.2-2, 9.2-3, 11.2-3, 12.2-3, 13.2-3, 14.2-4, 15.2-4, 16.2-4, 17.2-4, 19.2-5, 20.2--4 and 21.2-3 Sec. 6.6-1 FRONT YARD (In addition to the exist- ing paragraph) Lots which front on cul-de-sac streets and which are contiguous to lots which do not front onto cul-de-sac streets shall have their front yard measured from where they would normally be measured if the street did not terminate in a cul-de-sac but continued on its course. All other lots which front onto cul-de-sac streets shall have their front yard set back the same distance from the sidewalk or curbs as established for those lots which front on cul-de-sac streets and which are contiguous to lots which do not front onto cul- de-sac street. In no event, however, shall any re- sidence have less than a 15 foot front yard set- back and in no event shall a residential garage I have less than a 20 foot set -back. NOTE This is also an addition to Sections 7.6-1, 8.6-1, and 9.6-1. Sec. 20.3-51a STACK LOT (permitted use in M-1). Sec. 25.1-1 There is hereby created a Zoning �� Board of Adjustment consisiting of five regular members, each to be appointed by the City Council, and also consisting of three alternate members ap- pointed by the City Council. Any one or all of said Board of Adjustment alternate members may serve as an acting member at any meeting of said Board in the absebce of any regular members of said Board. The Planning and Zoning Commission recommended to the City Council that this amendment be approved. In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 1794-F - Request of J.D. Chandler to change property located north of 86th Street and east of Memphis Drive from "R-2" to "A-l" Zoning District. The Planning and Zoning Commiss- ion recommended that this request be approved subject to the following condition: That this request be limited to townhouses. Mayor West called for proponents and opponenets to appear before the City Council, J.D. Chandler appeared in support of this zone change request. Ralph Quest appeared in op- pisition to two-story construction, and requested that no windows or balconies be placed fac- ing the alley, overlooking their back yards. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; where- upon, Mayor West announced that the hearing was closed. After consideration of all inform- ation presented. motion was made by Councilwoman Jordan. seconded by Councilman McAlister. MAY 9 5 1; R 15JL within 20 feet of the alley, and any two story wing with windows or balcony, must be set back 50 feet from the alley. ORDINANCE NO. 7668 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF F LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1794-F; CHANGE TRACT C, RAINTREE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A--1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION., 78-37-151-441 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (16) No. 1489-A - Request of Kenneth A Williams to change property located north of Main Street and west of Avenue X from "R-3" Specific Use and "C-3" Specific Use to "A-2" Zoning District< The Planning and Zoning Commission recommended that this request be approved. Mayor West called for proponents and opponents to appear be -fore the City Council. Kenneth A. Williams appeared in support of this zone change request. Johathan Massood, Manager of the College Inn, also appeared in support. No one else came forward; whereupon, Mayor West announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Aderton, seconded by Councilman Henry, motion carried, Mayor West, Council- men Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to uphold the recommen- dations of the Planning and Zoning Commission and pass Ordinance No. 7669 on first reading. ORDINANCE NO. 7669 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. 1489-A; CHANGE LOTS 1,2,3,AND 4, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 SPECIFIC USE TO A-2 ZONINO DISTRICT; CHANGE LOTS 21,22,23 AND 24, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 SPECIFIC USE TO A-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVID- ING FOR PUBLICATION. 78-37-151-442 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (17) No. 1996--B - Request of Burl W. Masters (for Trigon Corp.) to change property located south of 66th Street and west of Slide Road from "C-2A" to "C-3" Zoning District. The Planning and Zoning Commission recommended that this request be approved subject to the following conditions: 1. That a permanent access easement be provided immediately to the north. 2. That a screening fence be provided on the back side of the store made of proper material compatible to the building. 3. That this request be tied to a department store, discount center or family center. Mayor West called for proponents and opponenets to appear before the City Council. Burl W. Masters appeared in support of this zone change request. No one else came forward; where- upon, Mayor West announced that the hearing was closed. After consideration of all inform- ation presented, motion was made by Councilman McAlister, seconded by Councilman Aderton, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordi­ nance No. 7670 on first reading. ORDINANCE NO. 7670 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. 1996-B; CHANGE PART OF TRACT D, SENTRY PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2A TO C-3 ZONING DIS- TRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 78-37-151-443 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (18) No. 2186 - Appeal of W. D. "Dub" Rogers, Jr., (for Cumberland Presbyterian Church) to change property located at 78th Street and Indiana Avenue from "R-1" to "C-2" Specific Use Permit for offices. The Planning and Zoning Commission recommended that this request be denied. Mayor West called for proponenets and opponents to appear before the City Council. W. D. "Dub" Rogers appeared representing the Cumberland Presbyterian Church. Rev. Sam Estes, pastor of the church appeared as a proponent and presented a drawing of the proposed build- ing and asked that it be placed into the record. Byron Martin and Jan Myers also appeared for the proponent. Those appearing in opposition were: Med Hunt, Richard Jenson, Carlene Jenson, Bob Moody, representing Chris Cox, Ed Wilkes, Mrs, Ronnie Smith. After considerable. discussion, motion was made by Councilman McAlister to move the street to the south at the church's expense, get more information before second reading, and to change the zoning to "C-2". This motion died for lack of a second. After further consideration, immediatlly before lunch, the City Council agreed to resume discussion on this item at 4:00 P.M., in order to give the Staff a chance to check further into the zoning in this area, and look into possible solutions. At 4:00 P.M., discussion was resumed. Jim Bertram, Director of Planning submitted a list of options. Carolyn Moegle, amember of the Planning and Zoning Commission appeared and answer- ed questions from the City Council members. Motion was made by Councilwoman Jordan to pass a resolution to the effect that it is the Council's intent to close the street, and redesign the tract, and give the proponents and opponents a chance to work out a solution concerning land use that would be agreeable to both, andcome back in two weeks. This motion died for lack of a second. After still further deliberation, motion was made by Councilman McAlister, seconded by Councilwoman Jordan (1) that there be entered in the record a Council Minute Order of intent to consider closing Indiana Drive and one-way Indiana Drive, according to Exhibit A; and subject to detailed engeering drawings and proper closure ordinance; (the Cumberland Presb- vtarinn Ch,irrh rn nnv for r1osure and street construction costs): (2) that street closure 152 MAY 2 5 1978 a. Items 1 and 2 above being accomplished prior to second reading b. Limited to professional offices C. Limited to two stories d. Site plan to be approved before second reading This motion failed by the following vote: Those voting Yea were Councilwoman Jordan, Councilman McAlister and Councilman Aderton. Those voting Nay were Mayor West and Council- man Henry. (A 4/5 vote being needed to overrule Planning and Zoning Commission recommen- dations). After still further discussion, motion was made by Councilwoman Jordan, seconded by Council- man McAlister, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to reconsider Zone Case No. 2186. Motion was then made by Councilwoman Jordan, seconded by Councilman McAlister (1) that City Council indicate its intent to consider closing Indiana Drive and one-way Indiana Drive, ac- cording to Exhibit A, and subject to detailed engineering drawings and proper closure ordi- nance, (the Cumberland Presbyterian Church to pay for closure and street construction costs) (2) that street closure is subject to dedication of right-of-way for Indiana Drive as per Exhibit A, and detailed engineering drawings and proper dedication instruments; (3) to continue Zone Case No. 2186 to the second City Council meeting in June. This motion carried by the following vote: Councilwoman Jordan, Councilmen Henry, Aderton and McAlister voting Yea, Mayor West voting Nay. See Exhibit A on file in the Zoning Department. 78-37-152-444 In accordance with the above Notice of City Council Hearing, hearing was held on proposed (19) amendments to Zoning Ordinance No. 7084 regarding definitions for banners, flags or pennants stack lots and front yard setbacks. Mayor West called for all interested persons to come forward. No one appeared; whereupon, Mayor West announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to pass Ordinance No. 7671 on first reading. ORDINANCE NO. 7671 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY ADDING DEFINITIONS FOR "BANNER, FLAG OR PENNANT", AND "STACK LOT", BY AMENDING THE SECTIONS PERTAINING TO PUBLIC NUISANCES, BY PROVIDING NEW SETBACKS REGULATIONS FOR CUL-DE- SAC LOTS, BY MAKING STACK LOTS A PERMITTED USE IN M-1 ZONING DISTRICTS, AND BY INCREASING THE NUMBER OF ALTERNATE MEMBERS ON THE ZONING BOARD OF ADJUSTMENT FROM TWO TO THREE; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 78-37-152-445 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, (23) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 18-5 in the Corondao-TEX. R-33 Urban Renewal to Thelma Robinson for a consideration of $750 for landscaping and adding on to adjacent lot. 78-37-152-446 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, (24) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to approve the price and conditions of sale on Parcel 22-6 in the Coronado-TEX. R-33 Urban Renewal Area to Mary E. Newton for a consideration of $750 for landscaping and adding on to adjacent lot. 78-37-152-447 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, (25) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that following resolution be passed. RRfiOLiTTION THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a FUNDING AGREEMENT between the CITY OF LUBBOCK and the URBAN RENEWAL AGENCY 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 25th day of May, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Tryva Phillips Trvea Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 78-37-152-448 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, (26) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to authorize Change Order No. 2 to Hi Plains Drilling, Inc. MAY 2 5 1978 153 TO: Hi Plains Drilling, Inc. P. 0. Box 730 Abernathy, Texas 79311 Original amount of contract Amended amount of the contract Net amount this change order Amended amount of contract Additional time of completion Change Order No. 2 Drilling and Developing Seven Water Wells in the Sandhills Well Field C.D.W.O. 7714 $119,066.50 123,416.50 1,237.50 124,654.00 Hone WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the attached exhibits and data and the Owner and the Contractor agree that the original contract between them shall be modi- fied and amended to the extent herein indicated. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 25th day of May, 1978. Hi Plains Drilling, Inc. By /s/ Gary Grant Contractor BREAKDOWN OF CHANGE I. Additions CITY OF LUBBOCK OWNER By /s/ Dirk West Mayor ATTEST: /s/ Treva Phillips City Secretary RECOMMENDED FOR APPROVAL /s/ Wilford D. Watson City Engineer /s/ Larry Cunningham City Manager Attachment to Change Order No. 2 Hi Plains Drilling, Inc. C.D.W.o. 7714 Furnish mill slot well casing - 165 feet @ $7.50/foot-$1,237.50 II. Deductions None Hi Plains Drilling, Inc. /s/ Gary Grant Contractor 78-37-153-449 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (27) West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to exe- cute for and on behalf of the City of Lubbock a Dedication Deed in favor of the public, at- tached 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 25th day of May, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary-TreasuTer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney i54 ' 191f�' ALLEY DEDICATION DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, Texas, a Home Rule Municipal Corporation located in Lubbock County, Texas, a Corporation acting by and through its undersigned Mayor hereunto duly auth- orized, herein called GRANTOR, for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLARS and other good and valuable consideration to GRANTOR in hand paid by the public, and the further consideration of improving the alley system of said City for the public, does hereby dedicate to the public for public use forever and for alley purposes, the following described tracts of land situated in Lubbock County, Texas, as more particularly described as follows, to -wit: Two tracts of land out of Section 10, Block E-2 as follows: Tract I BEGINNING at a point which bears South 89°59125" East 2,391.95 feet and South 00001'25" West, 10.00 feet from the Northwest corner of the Southwest 1/4 Section 10, Block E-2, Lubbock County, Texas, for the Northwest and be- ginning corner of this tract; THENCE South 00°01'25" East a distance of 10.00 feet; THENCE South 44059'35" West a distance of 14.14 feet; THENCE North 00001'25" West a distance of 10.00 feet to the PLACE OF BEGINNING. Tract II BEGINNING at a point which bears South 89°59'25" East 2,391.95 feet and South 00*01125" East 350.00 feet from the Northwest cornier of the Southwest 1/4 Section 10, Block E-2, Lubbock County, Texas, for the Southwest and be- ginning corner of this tract; THENCE North 0000' 25" West a distance of 20.00 feet; THENCE South 45000'25" East a distance of 14.14 feet; THENCE South 89059'25" East a distance of 208.00 feet; THENCE South 00001'250 East a distance of 10.00 feet; THENCE North 89059'25" West a distance of 218.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD this above -described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public alley purposes. WITNESS MY HAND AT LUBBOCK, TEXAS this 25th day of May, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /.s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 78-37-154-450 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (28) West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to pass Ordinance No. 7672 on first reading. ORDINANCE NO. 7672 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION OF AL- LEY ADJACENT TO LOTS 16 AND 17, BLOCK 10, WESTHAVEN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION OF ALLEY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 78-37-154-451 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (29) West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that the following resolution be passed. MAY 2 5 1978 1,55 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 exe- cute for and on behalf of the City of Lubbock a Street Use License in favor of Security Nat onal Bank of Lubbock, attached herewith which shall be spread upon the minutes of the Counc and as spread upon the minutes of this Council shall constitute and be a part of this Reso- lution as if fully copied herein in detail. Passed by the City Council this 25th day of May, 1978. /s/ Drik West DIRK WEST, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney STREET USE LICENSE THE STATE OF TEXAS I COUNTY OF LUBBOCK X This indenture made this 25th day of May, 1978 between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and SECURITY NATIONAL BANK OF LUBBOCK, a banking corporat located in the City of Lubbock, Lubbock County, Texas, hereinafter called "LICENSEE". WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privelege and license to use a portion of dedicated street to construct and maintain an underground communications tube across Slide Road near 35th Street in the City of Lubbock, Lubbock County, Texas, said tube to be buried at a minimum depth of at least 30 inches below ground level at all places where it is situated, said tube to be located in a strip of land 5 feet wide, being 2 1/2 feet wide on each side of the fol- lowing described center line, to -wit: BEGINNING at a point 5.00 feet South of 35th Street and in the East line of Slide Road. THENCE Northwesterly across Slide Road to a point 30.00 feet North of the Northeast corner of Lot A, Security Park Development Addition and in the West line of Slide Road. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Council and the CITY OF LUBBOCK retains the right, at its ele- ction to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the Post Office, postage paid, addressed to LICENSEE at 5201 Brownfield Road, Lubbock, Texas or the last kno%,M. address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK on the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be resotred to its ori- ginal condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBI� BOCK shall enter possession, and remove or cause to be removed such improvements and the ex- pense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED AND N01100 ($200.00) DOLLARS cash in advance contemporaenously with the accep- tance and execution hereof by LICENSEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this License I herein granted, including but not limited to the replacement and repairing of paving, side- walks and utilities of any nature occasioned by the construction as authorized by this lice- nse. 4. In the event the CITY OF LUBBOCK determines that the existence of such use inter- feres with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK,or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the; case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSSE'S use herein. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. MAY 2 5 1978 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the cons- truction as herein contemplated across any or all of the above set out property, then and in that event, said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims,demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construc- tion or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may re- quire an agreemnt with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, wihhout ex- pense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. II 7. LICENSEE agrees and is required to furnish a policy of public liability and pro- perty damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representative, assigns, and the duly authorized a- gents and contractorsof the parties hereto to the same extent and effect as the same are bind- ing upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICE- NSEE, it successors and assigns, shall be binding upon the CITY OF LUBBOCK without the con- sent of the CITY OF LUBBOCK in each instance except as specified in Paragraph (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that not interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK ATTEST: BY: /s/ Dirk West /s/ Treva Phillips Treva Phillips, City Secretary-Treasruer DIRK WEST, MAYOR AGREED TO AND ACCEPTED this 25th day of May, 1978. APPROVED AS TO FROM: LICENSEE: /s/ Fred 0. Senter, Jr. SECURITY NATIONAL BANK OF LUBBOCK Fred 0. Senter, Jr., City Attorney BY:/s/ Douglas Boren /s/ Wilford D. Watson Douglas Boren, President Wilford D. Watson, City Engineer 78-37-156--452 The City Council considered a one foot, eight inch encroachment on Lot 14, Block 41, Overton (30) Addition at 2022 Broadway. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to quit claim this encroach- ment to the owners with a reversionary clause that property would revert to City Ownership if the building was ever removed. 78-37-156-453 The City Council considered the claim of Mrs. P.K. Cismaru in the amount of $28.49 for pro- (31) perty damage and per sonal injury. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to deny this claim. 78-37-156-454 The City Council considered the claims of Larry D. Sides and Thomas C. Sides dba Sides Print- (31a) ing Co. in the amount of $134,614.77; Providence Lloyds in the amount of $60,000; Hughes Pet- roleum Inc., in the amount of $100,000; Joe Davis dba Davis Floral Co. in the amount of $135, 000; J.C. Davis in the amount of $280,000; all arising out of a fire occuring at 1509-11 34th Street on or about February 16th and 17th, 1978. After consideration of all information pre- sented, motion was made by Councilman McAlister, seconded by Councilman Aderton, motion car- ried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to deny these claims. 78-37-156-455 Motion was made by Councilman Aderton, seconded by Councilman Henry, motion carried, Mayor (32) West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to ex- ecute for and on behalf of the CITY OF LUBBOCK an AGREEMENT between the CITY OF IUBBOCK and JOHN KNOX VILLAGE OF WEST 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. Passed by the City Council this 25th day of May, 1978. MAY 2 5 1978 157 r /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney PROJECT FOOD SERVICE AGREEMENT THIS AGREEMENT is made the 1st day of June, 1978, by and between The City of Lubbock acting through its Park and Recreation Department, having its offices at 1010 - 9th Street, Lubbock, Texas, hereinafter designated as the "Project" and JOHN KNOX VILLAGE OF WEST TEXAS, having its offices at John Knox Village, Lubbock, Texas, hereinafter designated as "Village".�, In consideration of the mutual promises and covenants contained herein, Village and the Project agree as follows: 1. Village shall prepare meals and other food containing a minimum of 1/3 the RDA for pick-up by the Project at 10:00 A.M. daily at Village's premises, and delivery by Project to the Project sites set forth in Exhibit A attached hereto. Other Project sites made be added to or any of the Project sites listed may be eliminated from this Agreement, as agreed upon by Village and the Project. In addition to the meals, Village will provide all dinnerware, serving utensils and containers, condiments and beverages as needed by Project. 2. The Project shall be represented in its overall food service operations by the Pro- ject's own employees, a Food Service Director, who shall have the right and authority: a. To inspect such foods to determine compliance with the specifications and to reject food not meeting such specifications. I b. To have access to Village's purchase records bearing upon the food purchased for the Project, for review and audit, as necessary . c. To approve the menus and recipe for meals and other foods to be delivered so , as to insure compliance with the Department of Health, Education and Welfare meal -type re- quirements of a minimum of 1/3 RDA; to inspect the meals delivered to determine compliance with Department of Health, Education and Welfare meal -type reuirements, and to withhold pay- ment for meals not meeting prescribed requirements. d. To inspect at any time Village's food preparation, packaging and storage areas and the food containers used in transporting prepared meals and other food to the Project to determine the adequacy of Villiage's cleaning, sanitation and maintenance practices. e. To determine the adequacy of Village's storage and recordkeeping practices soi as to insure the safekeeping of all food, including the food donated for the use of the Pro--{; ject by the U.S. Department of Agriculture, and in connection therewith to have ready access to the related food inventory control records of Village. 3. Village shall comply with all Federal, State and local laws and regulations govern- ing the preparing, handling and transporting of food; shall procure and keep in effect all necessary licenses, permits, and food handler's cards as required by law; and shall post such licenses, permits and cards in a prominent place within the meal preparation areas, as re- quired. Village shall comply with all applicable Federal, State and local laws and re- gulations pertaining to wages and hours of employment. 4. Project shall supply automotive vehicles for the transportation of meals and other food to the designated Project sites. Project shall arrange to deliver the meals and other food and items to the Project sites of the Project in such quantities as may be agreed upon from time to time by Village and the Project; shall maintain proper temperatures for the hot and cold food and shall maintain adequate sanitary practices in handling the food in transit., S. For the purpose of controlling per plate cost, the value of all food used will be reviewed at times agreed upon by Village and the Project, but not less often than every three (3) months. Village shall purchase in as large quantites as may be efficiently utilized in the Project's food service, food which the Project advises it is designated as plentiful by the U.S. Department of Agriculture. Village shall purchase all food for the Project at the lowest prices possible consistent with maintaining the quality standards prescribed by the Project. 6. To the maximum extent possible, Village shall use, in the meals and other food de- livered to the Project, usuable food donated for the use of the Project by the U.S. Department of Agriculture Commodity Foods Program. Village shall maintain adequate storage practices, inventory and control of such food to insure that their use is in conformance with the Pro- ject's agreement with the state distributing agency, attached hereto as Exhibit A. Village shall give the Project Food Service Director ready access to the food storage area and the inventory control records on the purchased food and the government donated food for such in- spectionand review as, in the opinion of the Project;s Food Service Director, is necessary. 7. Village shall indemnify the Project against any loss or damage (including attorney'is fees and other costs of litigation) caused by Village's negligent act or omissions, theft by Village employees, or the negligent acts or omissions of Village's agents or employees in its operations pursuant to this Agreement, excepting only such loss or damage caused by the sole negligent act of omission of Project, its agents or employees. The Project shall promptly notify Village in writing of any claims against Village or the Project, and in the event of a suit being filed shall promptly forward to Village all papers in connection therewith. The Project shall not incur any expense or make any settle- ment without Village's consent. However, if Village refuses or neglects to defend any such suit, the Project may defend, adjust, or settle any such claim, and the costs of such defenso, adjustment, or settlement, including reasonable attorney's fees, shall be charged to Village., Project shall be responsible for replacing any and all items belonging to Village and lost, destroyed, stolen, either while in transit or in use at Project sites. k= 158 MAY 2 5 'I918 8. All records of Village bearing upon food purchases, storage, food preparation and transportation directly related to the meals and other food prepared under this Agreement, in- cluding the records on receipt, storage and use of Government donated commodities, shall be made available to the Project upon request. The Project's Food Service Director or other Project representative, State Agency and the State distributing agency representatives, and the auditors of the Department of Health Education and Welfare and the U.S. General Account- ing Office, upon request, shall have access to all such records for audit or review at a reasonable time and place. 9. The Project shall pay Village for the meals prepared for pickup by Project at the rate of One Dollar and Twenty-eight Cents ($1.28) per meal prepared, minus the value of com- modities used each month. Village is a wholesaler and the sale of meals contracted for here- in are sales to a non -consuming purchaser and not retail sales. In the event that the sale of any food items contracted for herein are held subject to any local or State sales tax, the amount of such tax shall be added to the invoice and billed to Project. 10. The Project shall make such payment to Village monthly on or before the 15th day of the month following the calendar month for which payment is made, except that the Project shall not be obligated to receive or pay for any meal, or other food if, by notice to Village 48 hours immediatley prior to the day of required delivery, the Projecy requested that such meal or other food not be prepared by Village and the Project shall not be obligated to pay for any meal components or other food which does not meet the prescribed requirements. Vil- lage must bill Project by the 3rd of the month following the calendar month for which billing is made. In the event invoices are not paid within thirty (30) days of invoice date, interest will be charged on each invoice at the rate of "prime" plus one and one-half percent (1 1/2%) per annum (or in the event local law prohibits charge of said rate, interest will be charged at the maximum legal rate permitted), computed from ten (10) days after invoice date until the date paid. The rate of "prime" shall be determined at whatever rate is being charged by Bank of America, San Franciso, California for prime commercial loans of ninety -day term, such rate to be adjusted at the end of each calendar month. The right of Village to charge interest, as aforesaid, for late payment shall not be construed as a waiver of Village's normal entitlement to receive payment of invoices with- in ten (10) days of invoice date, as aforesaid. 11. Village shall bill Project for actual number of meals requested and prepared, or 26,000 for the contract period (June 1, 1978 to Novemeber 30, 1978) whichever is greater. Additionally, the fiscal arrangements set forth in this Agreement are based on existing con- ditions such as labor costs, commodity costs, Federal, State and local sales and excise taxes and license fees now in effect. In the event of a material increase or decrease in the a- forementioned items, the fiscal arrangements shall be adjusted to reflect such change upon a mutually agreeable basis. 12. It is mutually agreed between the parties that neither party shall be held respon- sible to the other for any losses resulting from its delay or failure to perform to the ex- tent that said party is delayed or prevented by Federal, State or municipal action; war, revo- lution, riot, or other disorder; strike or other labor. problem; fire, flood, Act of God or without limiting the foregoing, by any other cause not within the control of the party whosell performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes hereinafter enumerated or not. 13. This Agreemnt constitutes the entire Agreement between Village and the Project with respect to the subject matter hereof and there are no toper or further oral or written understandings or agreements with respect hereto. No variation or modification of this Agree- ment and no waiver of its provisions shall be valid unless in writing and signed by the duly authorized representatives of the Project and Village. No assignment or transfer of this Agreement may be made, in whole or in part, without written consent of the Project being first obtained. 14. This Agreement shall be effective as of June 1, 1978, and shall be in force with respect to meals prepared during the period commencing on the effective date and ending Nove- mber 30, 1978, and during such additional period or periods as Village and the Project may agree upon. However, either party may at any time during the life of this Agreement or any extension thereof, terminate this Agreement with respect to the preparation of meals by giv- ing thirty (30) days notice in writing to the other party of its intention to do so, and the Project may terminate this Agreement with respect to the preparation of meals, if the terms and conditions hereof are not fully complied with by Village, by giving thirty (30) days no- tice in writing of its intention to do so. If at any time, Village shall make a reasonable decision that adequate funding from Federal, State of local sources shall not be available to enable Project to satisfy its financial obligations, then Village shall have the option to terminate this Agreement by giving thirty (30) days prior written notice. All notices to the Project shall be addressed to it at The City of Lubbock Park and Recreation Department, P.O. Box 2000, Lubbock, Texas, 79457, and all notices to Village at 1717 Norfolk Avenue, Lubbock, Texas 79416. Il IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their) duly authorized representatives the day and year first above written. 11 THE CITY OF LUBBOCK JOHN KNOX VILLAGE OF WEST TEXAS /s/ Dirk West By: MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney APPROVED BY THE STATE DISTRIBUTING AGENCY: MAY 9 5 1978 .ss 78-37-159-456 (33) Motion was made by Councilman Aderton, seconded by Councilman Henry, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an AGREEMENT between the CITY OF LUBBOCK and CITIZENS FOR IMPROVED TRANSPORTATION, INC., attached herewith which shall be spread up- on the Minutes of the Council and as spread upon the Minutes of this Council shall constitut�e and be a part of this Resolution as if fully copied herein in detail. it Passed by the City Council this 25th day of May, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CONTRACT FOR TRANSPORTATION SERVICES THIS AGREEMENT, entered into as of this 25th day of May, 1978, by and between the City of Lubbock, State of Texas, hereinafter referred to as the City, and Citizens for Im- proved Transportation, Inc., of the City/County of Lubbock, State of Texas, hereinafter referred to as the "Contractor". WITNESSETH THAT: The City and the Contractor do mutually agree as follows: 1. The Contractor shall, in a satisfactory and proper manner as detemined by the City, perform the following services related to the transportation of persons participating in the Title VII Congregate Meals Program: A. Provide door-to-door transporation for Agency Centers Monday through Friday unless advised otherwise one week in advance in writing. B. Provide transportation for scheduled field trips for Agency Centers with two weeks prior written notice. C. Provide vehicles for special trips after 5 P.M. with one week notice in writing. D. A daily record of the names and numbers of people transported and their destination. E. A daily record of miles travelled to provide service to the Agency. The City shall furnish the following services, data and inforamtion to the Contractor: A. Names of persons to be transported to Agency Centers by 5 P.M. the day prior to placing referred persons or a route in a mutually agreed upon manner between Contractor and Agency. 2. The Contractor shall commence performance of this Contract on the lst day of June, 1978, and shall complete performance to the satisfaction of the Agency no later than the 30th day of November, 1978. 3. The Contractor shall maintain such records and accounts including property, per- sonnel, and financial records, as are deemed necessary by the City to assure a proper accounting for all project funds, both Federal and non -Federal shares. These records will be made availabe for audit purposes to the City or the Governor's Committee on Aging, and will be retained for five years after the expiration of this contract unless permission to destroy them is granted by both the City and th.b Governor's Office. 4. Compensation A. Contractor Fee 1. ($1.00/round trip) (100 p/d) (130 d) = $13,000 B. City Credits 1. One bus $1,540 2. One 12 passenger van 6,460 Subtotal Credits $8,000 Balance $5,000/6 months C. Monthly Charges The Contractor will bill the City for $0.38/person/round trip/day. D. The City will leave the Title to the International bus, (I.D. #136620H254009) and 12 passenger Dodge Sportsvan (I.D. #CGL3670145052) with CFIT, Inc., with the understanding that if CFIT, Inc. terminates, or does not fulfill the terml' of this contract, the vehicle ownership will return to the City. h- is® MAY 2 5 1978 5. Method of Payment The Contractor will bill the Agecny for $0.38 per _Person per round trip transported. This bill is to be received by the City by the 3rd of each following month. The bill is to be filed to the Agency on the attached request for reimbursement form. 6. It is expressly understood and agreed that in no event will the total amount to be paid by the Agency to the Contractor under this agreement exceed $5,000 for full and complete satisfactory performance. 7. IN WITNESS WHEREOF, the agency and the contractor have executed this agreement as of the date first written. EXECUTED THIS 25th day of May, 1978. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney CITY OF LUBBOCK BY: /s/ Dirk West DIRK WEST, MAYOR CITIZENS FOR IMPROVED TRANSPORTATION, INC. BY: /s/ Norma Cansino Norma Cansino, President /s/ Beverly Hamm Beverly Hamm, Secretary 78-37-160-457 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (34) West, Councilmen Henry, Jordan, Aderton and McALister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AME- NDED, FOR AMENDMENTS TO THE GRANTS FOR FY 1974-75 AND FY 1975-76 11 WHEREAS, the Secretary of Transportation is authorized to make grants for mass trans- portation projects; WEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the pro- visions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amemded, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirments thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possibile in connection with this project, and that definitive pro- cedures shall be established and administered to insure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction con- tracts, supplies, equipment contracts, or consultant and other services; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the MAYOR is authorized to execute and file applications on behalf of the City of Lubbock with the U.S. Department of Transportation, for amendments to the original grants to aid in the financing of operating assistance projects pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended, for the fiscal years 1974-75 and 19 75-76. 2. THAT the MAYOR is authorized to execute and file with such applications an assu- rance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. THAT JOHN L. WILSON, Transit Coordinator, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the applications or the project. 4. THAT the MAYOR is authorzied to set forth and execute affirmative minority busi- ness policies in connection with the project's procurement needs. 5. THAT the MAYOR is authorized to execute grant contract agreements on behalf of the City of Lubbock with the U.S. Department of Transportation for aid in the financing of the operating assitance projects. Passed by the City Council this 25th day of May, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: Isl Treva Phillips Trvea Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 16 78-37-161-458 The following letter proposal was submitted by Mason, Nickels & Warner, Certified Public (35) Accountants to conduct the annual audit for the year ending September 30, 1978. MASON, NICKELS & WARNER The Honorable Dirk West, Mayor Members of the City Council and Larry J. Cunningham, City Manager City of Lubbock, Texas Under the terms of our agreement with the City of Lubbock dated August 28, 1975, we res- pectfully submit for your consideration the following proposed fees. EXAMINATION OF FINANCIAL STATEMENT FOR YEAR ENDED SEPTEMBER 30, 1978 The fee for the examination of the financial statements for the year ended September 30, 1978 of the various funds and agencies as specified in section III of our agreement will be a ma- ximum of fifty-two thousand dollars ($52,000). This fee is based on the assumption that the coversion of the City's accounting system to the new computer has not had an adverse effect on the system. In the event that there has been an adverse effect, then we request the option to renegotiate the fee. The fees for the above services are based on the hourly rates contained in section VI of our agreement. If the above maximum fees are acceptable to the City and the additional services are in ac- cordance with your requirements, please sign the copy of this letter and return it to us. Very truly yours, Isl Larry Anderson Larry Anderson, CPA Partner APPROVED: /s/ Dirk West MAYOR /s/ Larry J. Cunningham City Manager After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor West, Councilmen Henry, Jordan, Adertor and McAlister voting Yea, none voting Nay to accept this proposal with the deletion of the pal agraph requesting the option to renegotiate the fee. 78-37-161-459 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (36) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that the following resolution be passed. RRSnLiTTInN WHEREAS, the Parks and Recreation Department of the City of Lubbock each summer provides summer recreation programs to disadvantaged youths age 8 to 13 years; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized to execute an application for a grant for SUMMER YOUTH RECREATION PROGRAM from the COMMUNITY SERVICES ADMINISTRATION and the DIRECTOR of the Parks and Recreation Department is hereby authorized to execute such supporting reports and documents as may be necessary to implement this program. Passed by the City touncil this 25th day of May, 1978 /s/ Dirk West Dirk West, Mayor ATTEST: Isl Treva Phillips Treva Phillips, City Secretary APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 78-37-161-460 Motion was made by Councilwoman Jordan, seconded by Councilman Aderton, motion carried, Mayor (37) West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to autho- rize emergency repairs of Unit No. 7 Boiler at Plant No. 2. 78-37-161-461 Motion was made by Councilwoman Jordan, seconded by Souncilman Henry, motion carried, Mayor (38) West, Councilmen Henry, Jordan, Aderton.and McAlister voting Yea, none voting Nay to pass Or- dinacne No. 7673 on first reading. ORDINANCE NO. 7673 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond fund for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby apprioriated out of the following described bond fund, to -wit: Air- port Revenue Bond Fund The sum $ 19,550.00 For the following purpose: Costs incurred in selling 1.73 million dollars in Airport Revenue Bonds. Financial advisory and legal fees, printing, bond rating fees, and CUSIP numbering. 78-37-162-462 Motion was made by Councilman McAlister, seconded by Councilman Aderton, motion carried, (39) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to pass Ordinance No. 7674 on first reading. ORDINANCE NO. 7674 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS PROVIDING FOR THE ESTABLISHMENT OF A DEFE- RRED COMPENSATION PLAN FOR CITY OF LUBBOCK EMPLOYEES. 78-37-162-463 The following bids were received for the purchase of miscellaneous electric items for ware- (40) house stock, being Bid No. 4911. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilman Aderton, motion carried, Mayor West, Councilmen Hen-ry, Jordan, Aderton and Mc- Alister voting Yea, none voting Nay to accept the bid of Southwestern Electric Supply Co. for the purchase of Item 1; accept the bid of Nunn Electric Supply Corporation for the pur- chase of Items 2,3, and 4; accept the bid of Graybar Electric Co. for the purchase of Item 5; accept the bid of Fields & Co. for the purchase of Items 6,7,8 and 10; accept the bid of Nelson Electric Supply Co. for the purchase of Item 9; accept the bid of Temple, Inc., for the purchase of Items 11 and 12. 78-37-162-464 The following bids were received for the purchase of insecticides for the Health Department, (41) being Bid No. 4916. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilman Aderton, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and Mc- Alister voting Yea, none voting Nay to accept the bid of Plainsman Agriculture Chemicals, Plainview, for the purchase of insecticidies for the Health Department. 78-37-162-465 The following bids were received to replace equipment storage overhead doors for Public (42) Works, being Bid No. 4919. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilman Aderton, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and Mc- Alister voting Yea, none voting Nay to accept the bid of Overhead Door Co. to replace equi- pment storage overhead doors for Public Works. 78-37-162-466 The following bids were received for one prefabricated steel building for the Cemetery, (43) being Bid No. 4921. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilman Aderton, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and Mc- Alister voting Yea, none voting Nay to accept the bid of Nel-Ray Construction for one pre- fabricated steel building for the Cemetery. This item will be funded from Revenue Sharing, Entitlement Period 9. 78-37-162-467 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (44( West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to ap- point Med Hunt, Bobby Rains and Jack House as regular members to the 1978 Board of Tax Eq- ualization, and appoint W.D. "Dub" Rogers and Karen McEntyre as alternates. 78-37-162-468 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (45) West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to ap- point Mrs. Glenn Barnett to the Public Responsibility Committee. 78-37-162-465 Potion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, (46) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to reappoint Lonnie Hollingsworth and Mrs. Betty Wheeler to the Electric Utilities Board. These terms are for four years and will expire June 30, 1982. MAY 2 51970 163 78-37-163-470 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, (47) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to reappoint Rev. E. C. Aldape and Karen Edwards and appoint Mrs.Eunice Stephens to the Lubbock Public Transit Advisory Board. These terms are for 3 years and will expire June 24, 1981. 78-37-163-471 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, (48) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to appoint Rev. Roy Jones and Raul Sepeda to the South Plains Manpower Consortium Planning Council. 78-37-163-472 (49) ft 78-37-163-473 (50) MR 78-37-163-474 (50a) ft Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREE- MENT as offered by the DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT in the amount of $4,483, 000.00 for the Program Year from June 1, 1978, through May 31, 1979, attached herewith whi-qh 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 de- tail. Passed by the City Council this 25th, day of May, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor' West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an oil and gas lease on portion of Section 41 „ Block A, Abstract 59, Cert. 401 between the CITY OF LUBBOCK and John R. Stringer, at- tached 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 25th day of May, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an oil and gas lease on portion of Section. 13, Block A, T.T. Ry. Co, Survey, Abstract 89, Cert. 174 between the CITY OF LUBBOCK and John R. Stringer, 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 Reso- lution as if fully copied herein in detail. ti Passed by the City Council this 25th day of May, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr.. Citv Attorney ILs4 0N1 � 5 1918 78-37-164-475 In accordance with a Notice of Paving Hearing, of record in Minute Book 37, Page 78, hearing (20) was held on paving residential alleys and streets on additions to the 1978 Paving Program. The following persons appeared: A-460-56 - Ted Hogan appeared A-460-59 - Mrs. F. F. Andrews appeared in opposition to paving Cecil Walker appeared in opposition to paving A-460-60 - C.B. Mason appeared in opposition to..paving Darrell Vines appeared in favor of paving James Harris appeared in favor of paving A-460-62 - James Parker appeared in opposition to paving John Kallas appeared in favor of paving Don Kelly appeared in opposition to paving Tom Linquist appeared in opposition to paving A-460-63 - Representative of Crisp Allergy Clinic appeared in favor of paving Snow Davis appeared in opposition to paving Duane G. Ward appeared in opposition to paving Odell Strudivant appeared in favor of paving Henry Holmes appeared in opposition to paving A-460-64 - Sam E. Ogle appeared in opposition to paving Bob Hollingsworth appeared in opposition to paving Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to pave all of the alleys presented except for Sub -Units 59, 62, 63 and 64. Sub -unit 61 to be paved subject to easement. The following persons appeared on 36' wide streets: 2234-28 - 0. A. Chilcutt appeared in opposition to the paving Janie Rosas appeared in opposition to the paving Mrs. Ligon appeared in opposition to paving A representative of LISD appeared in opposition to paving 2234-30 - Don Hall appeared in favor of paving 2234-33 - Mr. K. D. Naylor appeared in opposition to paving Jack Payne appeared in favor of paving 2234-34 James Parks appeared in opposition to paving Jack payne appeared 2234-39 - Craig Wilcox appeared for Westmoreland Baptist Church requesting a 50% reduction 2234-41 - Roy Middleton appeared in favor of paving 2234-43 - Joe Lopez appeared in favor of paving Mrs. Leon Headlee appeared in favor of paving Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to pave all of the 36' wide streets presented. The following persons appeared on 42' wide streets: 2235-3 - Clyde Myers appeared in favor of paving 2235-4 - Clyde Myers appeared in favor of paving Bob Doty appeared in favor of paving 2235-5 - Leroy Hindman appeared in favor of paving 2235-7 - Mike Tucker appeared 2235-9 - Ken Wheatley appeared in favor of paving Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to pave all of the 42' wide streets presented. The following persons appeared on 52' wide streets: 2236-4 - Don Graf appeared in favor of paving 2236-5 - Roy Peters appeared in opposition to paving Lewis McMahan appeared in favor of paving Don Graf appeared in favor of paving Motion was made by Councilman Aderton, seconded by Councilman Henry, motion carried, Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to pave all of the 52' wide streets as presented. No one else came forward; whereupon, Mayor West announced that the hearing was closed. 78-37-1.64-476 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (21) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay to pass Ordinance No. 7675 on first reading. 78-37-164-477 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, (22) Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a partial paving assessment lien release affecting parts of the paving program set forth in Paving Resolution recorded in Volume 684, Pages 122-125 (inclusive) of the Deed of Trust Records of Lubbock County, Texas as therein described specifically in favor of abutting property owners of record as their respective interests may appear, 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. Pafi.::Pd ]-,v tha ri ry rnfinri 1 t1,; 0 )r Fi, .i— —P *,r.._. 1 n 70 NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, MAY 25TH, 1978. DIRK WEST, MAYOR -- --y�v ATTEST: L 'o Treva Phillips, City- S retary-Treasurer y READ AND APPROVED THIS THE 8th DAY 0 ATTEST: Treva Phillips, City ecr ary-Treasurer r, L F June 1978. .,ST, MAYOR