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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/13/1978JUL 13 1978 78-36-202-537 (1) 78-37-202-538 (2) 78-37-202-539 (3) 78-37-202-540 (4) 78-37-202-541 (5) REGULAR CITY COUNCIL MEETING MINUTES JULY 13, 1978 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 being present, to -wit: Mayor Dirk West, Councilman Alan Henry, Councilwoman Carolyn Jordan, Councilman M. J. Aderton Councilman Bill McAlister, City Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None Invocation was given by Fred Senter, City Attorney. The Pledge of Allegiance to the Flag wasgiven in unison by those present in the Council Chamber. Approval of City Council Minutes - Regular Meeting,June 22 1978. Motion made by Councilwoman Jordan, seconded by Councilman Aderton to approve same. Motion carried: Mayor West, Councilmen Henry, Jordan, Aderton and McAlister voting Yea; none voting Nay. Presentation of Board Certificates To: Jeanne Field, External Vice President of the Texas Tech University Student Association Citizens Traffic Commission. To: Wendell T. Stapler, Wing Airman of the Month, Reese AFB. To: Proclamation to Col. and Mrs. Bobby R. Bagley - proclaiming Friday, July 14, 1978 as BOBBY R. BAGLEY DAY. Representative of West Texas Homebuilders Association appealing Ordinance No. 7624pertain- ing to the Electric Code requiring approved raceways for underground service. Appearances: Henry Huneke, representing the West Texas Homebuilders Association; Buddy Ramsel, Chairman of the Electrical Board; H.C. ''Biackie" Hamilton, Chief Electrical Inspector for the City of Lubbock. Motion was made by Councilman Aderton to hold this agenda item until the next Council meeting (July 27, 1978) in order to obtain more information, i.e., increased costs, if any; demonst- ration of types of electrical wiring usable, etc. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-202-542 HenryHuneke Chairman of the Parks: -and Recreation Board requestin2 the followin items. (6) (a). Revision of regulations pertaining iothe Yellowhouse Canyon Lakes Equestrian Area, whereby amended regulations governing use of the equest.rtan area be prepared by the Parks and Recreation Department as follows: 1. Any and all construction on the course must be approved by the Parks and Recreation Department staff. 2. All persons who ride in the equestrian area must have a permit issued at no charge by the Parks and Recreation Department. 3. To secure a permit, a person must be covered by insurance as a member of the Lubbock Equestrian Club or show proof of insurance which equals or exceeds insurance limits of the policy covering the Lubbock Equestrian Club members ($300,000 bodily injury/$50,006 property damage, each occurrence). 4. All persons must follow safe equestrian practices. 5. The equestrian area shall be under the control of the Parks and Recreation Department. Any violation of rules may result in revocation of permit. 6. All speical events most be submitted to the Parks and Recreation Department for ap- proval at least 45 days prior to the event. Motion was made by Councilman Aderton, seconded by Councilman McAlister to approve the above referenced amended regulations. Motion carried: Mayor West, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay; one absent from Council Chamber (Councilman Henry). W . Revision of City of Lubbock fishing permit regulations, due to certain conflicts between; the City regulations and the State of Texas fishing regulations, the Parks and Recreation Department recommending the following fishing regulations: I. Fishing allowed from banks, docks, footbridges only. 2. No trotlines or throw lines permitted. 3. Red or goldfish cannot be used as bait. 4. All State of Texas fishing regulations must be followed. JUL 13 1978 A. 0 78-37-203-543 (7) 78-37-203-544 (8) 78-37-203-545 (9) 78-37-203-546 (10) 78-37-203-547 (11) 78-37-203-548 (12) 78-37-203-549 (13) Motion made by Councilman McAlister, seconded by Councilwoman Jordan to approve the proposed fishing regulations. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. Mrs. P. K. Cismaru requested appearance to appeal Council's decision denying her claim filed in March 25, 1978 in the sum of $28.49. Mrs. P. K. Cismaru failed to appear. Mayor West instructed item be dropped from agenda; that if there was further contact from Mrs. Cismaru about the matter, that the City Manager resolve the matter. ORDINANCE NO. 7678 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB- BOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2187; CHANGE LOTS 16, 17 AND THE EAST 148 FEET OF LOT 15, BLOCK 3, CLUTTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO M-1 ZONING DISTIRCT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (Chang:, ing property located north of East 48th Street and about 630' West of the Southeast Drive from C-4 to M-1 Zoning District) Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. ORDINANCE NO. 7679 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB- BOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2188; CHANGE A TRACT OF LAND OUT OF SECTION 4, BLOCK 0, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 to A-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (Changing property located south of 13th Street and east of Vanda Avenue from R-1 to A-2 Zoning District) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. ORDINANCE NO. 7680 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB- BOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2189; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (Changing property located north of 87th Street and east of University Avenue from R-i to R-2 Zoning District) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. ORDINANCE NO. 7681 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB-R BOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2190; CHANGE TRACT A, FARRAR MESA WEST ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 to A-2 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (Changing property located south of 69th Street and west of Frankford Avenue from R-1 to A-2 Zoning District) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass - ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. ORDINANCE NO. 7682 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB- BOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1917-A; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S,CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-3 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (Changing property located north of 4th Street and about 350' east of Frankford Avenue from C-2 to C-3 Zoning District) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. ORDINANCE NO. 7683 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB- BOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1974-A; CHANGE A PART OF TRACT 1, WESTHAVEN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2A TO C-2 ZONING DISTRICT; CHANGE A PART OF TRACT 1, WESTHAVEN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 SPECIFIC USE PERMIT TO C-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (Changing property located north of 4th Street and east of Hartford Avenue from C-2A and R-1 Sp. Use to C-2 Zoning District) MIA JUL 13 1978 . -.Wok-:nas Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-204-550 ORDINANCE NO. 7685 (14) AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON PORTIONS OF 82ND STREET IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE PLACEMENT OF SIGNS WITH RESPECT THERETO: REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT: APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. (Altering the prima facie speed limits on por- tions of 82nd Street to 45 m.p.h on the east -west approach to Indiana Avenue). Motion made by Councilwoman: Jordan, seconded by Councilman McAlister to pass ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-204-551 ORDINANCE NO. 7686 (15) AN ORDINANCE ALTERING THE PRIMA'.FAGIE-SPEED LIMITS ON 50TH' STREET FROM SLIDE ROAD TO WEST LOOP 289 IN THE CITY OF LUBBOCK AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO: REPEALING CONFLICT- ING ORDINANCES TO THE EXTENT OF SUCH CONFLICT: APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF, AND A PENALTY CLAUSE. (Altering the prima facie speed limits on 50th Street from Slide Road to West Loop 289 to 35 m.p.h. on east -west lanes on 50th Street from Slide Road to West Loop 289.) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-204-552 ORDINANCE NO. 7687 (16) AN ORDINANCE AMENDING SECTIONNO. 18-91 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK SO AS TO REVISE LIMITED PARKING HOURS AND PROCEDURES AS SET FORTH IN THE BODY OF THIS ORDI- NANCE, PROVIDING FOR A PENALTY AND PUBLICATION OF THIS ORDINANCE.(Revising limited parking hours and procedures as set forth in the body of this ordinance, reflecting limited time parking to 15 minutes, 30 minutes, one hour and two hours in designated areas, between the hours of 8:00 A.M. to 5:00 P.M.) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-204-553 ORDINANCE NO. 7688 (17) AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement The sum $ 17,374.87 For the following purpose: City's Cost of widening 18th Street between Avenue L and Avenue K. (Change Order No. 1 to G.W.O. 10,924) (Appropriating $17,374.87 from Street Improvement Fund for the paving improvement in Change Order 1 (G.W.O. 10,924)-) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-204-554 ORDINANCE NO. 7684 (18) AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO WIT: ZONE CASE NO. 2186; CHANGE A TRACT OF LAND OUT OF SECTION 11, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 SPECIFIC USE PERMIT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (Changing property located at 78th and Indiana Avenue from R-1 to.C-2 Specific Use Permit for offices subject to the following conditions: that the structure consist of one story professional, non -medical building, similar in configuration to that presented at the referenced hearing, that the architectural design be compatible with existing contemporary designs to the area.) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance on second and final reading. Motion carried: Councilmen Henry, Jordan, McAlister and Aderton voting Yea; Mayor West voting Nay. 24005 JUL 13 1978 +M on ... F ORDINANCE NO. 7689 78-37-205-555 (19) AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A PORTION OF INDIANA DRIVE SOUTH ADJACENT TO TRACT "G", MELONIE PARK SOUTH, AN ADDITION TO THE CITY OF LUBBOCK, LUB- BOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MAKR THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET; PRESCRIBING CONDITIONS FOR SUCH CLOSURE OF STREET; PROVIDIO A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF. (Abandoning and closing a portion of Indiana Drive South adjacent to Tract G, Melonie Park South, with the conditions that: (a) the church bear all costs incurred for the closing of Indiana Drive; and (b) that Tract 2 be dedicated as a right-of-way on or before the referenced closure ordinance is passed on the second and final reading) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass ordinance on second and final reading. Motion carried: Councilmen Henry, Jordan, McAlister and Aderton voting Yea; Mayor West voting Nay. 78-37-205-556 ORDINANCE NO. 7690 (19-A) 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 ORDA+NED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Capital Project Fund The sum $ 205,597.60 For the following purpose: Sludge Beds S.E. Water Reclamation Plant. Lump Sum Contract - $193,960.00 + 6% Engineering - $ 11 637.60 Total - $205,59 . 0 (Appropriating $205,597.60 from Sanitary Sewer Capital Project Fund for sludge drying beds for the Southeast Water Reclamation Plant.) Motion made by Councilwoman Jordan, seconded by Councilman McAlister to pass ordinance on second and final reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-205-557 Public heari (20) the sum of $ 7g for Urban Mass Transportation Operating_ Assistance_ Grant_ for F.Y. 1978-79 in There being no appearances or discussion, hearing was closed by Mayor West. Motion made by Councilman Henry, seconded by Councilman Aderton to appear approving grant for the sum stated. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City of Lubbock in the City Council Chambers on July 13, 1978, at 10:00 A.M. for theppurpose of considering a project for which Federal Operating Assistance under Section 5 of the Urban Mass Transportation Act of 1964, as ameded, is being sought, generally described as follows: The City of Lubbock is seeking $902,835 ($451.417 Federal, $451,418 local) for transportation services in the Lubbock urbanized area provided by Lubbock Transit Corporation from October 1, 1978 to September 30, 1979. No persons, families, or businesses will be displaced by this project. There will be no signi ficant environmental impact upon the urban/service area. The project is in conformance with transporation planning in the area and is consistent with the adopted programming of projects in the Transporation Improvement Program. The City of Lubbock will participate in the vehicle pool system serving the needs of the eld- erly and handicapped, and half fare on all regular transist routes. Lubbock Transist provides the incidental Charter service in the Lubbock urbanized area. At the hearing, the City of Lubbock will afford an opportunity for interested persons or agencies to be heard with respect to the social, environmental, and economic aspects of the project. Interested persons may submit orally or in writing evidence and recommendations with respect to said project. A copy of the application and the Transporation Improvement Program for the area is currently available for public inspection in the City Secretary Office at the City of Lubbock. /s/ Treva Phillips City Secretary 78-37-205-558 Resolution authorizing the Mayor to execute a Quit Claim Deed in favor of First Cumberland (21) Presbyterian Church with respect to the property referred to in Agenda Item No. 18. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve resolution. Motion carried: Councilmen Henry, Jordan, McAlister and Aderton voting Yea; Mayor West voting Nay. JUL 1978 METES AND BOUNDS DESCRIPTION of a tract of land out of the Northeast corner of Section 9, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING. at a point which bears West a distance of 574.00 feet from the Northeast corner of said Section 9, Block J-S; THENCE East a distance of 514.00 feet; THENCE S. 00 03' W., a distance of 570.00 feet; THENCE West a distance of 514.00 feet; THENCE N. 00 03' E., a distance of 570.00 feet to the Place of Beginning. Contains: 6.725 Acres. The PIanning and Zoning Commission recommended to the City Council that this request be approved. ' ""-- ZONE CASE NO. 2193 - Request of Donald L. Smith (for Bowman Lumber Co.) to change a tract of land out of Section 9, Block E, City of Lubbock, Lubbock County, Texas, from R-1 to A-1 Zoning District. (Located South of 82nd Street and about 300` East of University Avenue.) Property is further described by metes and bounds to wit: METES AND BOUNDS DESCRIPTION of a tract of land located in Section 9, Block E, being shown as Tract "A" on preliminary plat Bowman Lumber Addition, dated May 3, 1978, further des- cribed as follows: BEGINNING at a point which bears approximately 300 feet East and 55 feet South of the North- west corner of Section 9, Block E; THENCE South an approximate distance of 525.8 feet; THENCE East an approximate distance of 370.00 feet; THENCE North an approximate distance of 525.8 feet; THENCE West an approximate distance of 370 feet to the Place of Beginning. The Henning and Zoning Commission reocmmended to the City Council that this request be approved subject to the, following condition: 1. That any two-story apartment building be set back 50' from the east property line. ZONE CASE NO. 2194 - Request of Alton Shipley for a Specific Use Zone Change, from R-2 to C-4 Specific Use Permit under provisions of Section 22.3-24 of the Zoning Ordinance, for mini -warehouses on the east 1/2 of Block 20, Suburban Homes Addition, City of Lubbock, Lubbock County, Texas. (Located about 180' East of Avenue H and about 140' South of 44th Street.) The Planning and Zoning Commission recommended to the City Council that this request be approved. -- ZONE CASE N0. 2195 - Request of Nelson D. Hail (for Mesquite - Ring, Inc.) to change Lots 26 and less the east 2 feet of Lot 27, Block 3, Riceland Addition, City of Lubbock, Lubbock County, Texas, from C-3 to C-4 Zoning District. (Located South of Clovis Road and about 133.6 West of Flint Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be approved. ZONE CASE NO. 1864-A - Request of Ken Flagg (for Sonny Arnold) to change a tract of land out of Section 37, Block AK, City of Lubbock, Lubbock County, Texas, from C-2 to C-3 Zoning District. (Located South of 34th Street and West of LaSalle Avenue.) Property is further described by metes and bounds to wit: METES ABD BOUNDS DESCRIPTION of a tract located in Section 37, Block A-K, Lubbock County, Texas, being shown as Tract "E" on the Preliminary Plat of Tracts D & E, Park Lorraine an Addition to the City of Lubbocc, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears West 4515.00 feet and South 65.00 feet from the Northeast corner of Section 37, Block A-K; THENCE Southeasterly , around a curve to the right, said curve having a radius of 15.00 feet, a delta angle of 90 , tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE South an approximate distance of 85.00 feet; I Ll THENCE West an approximate distance of 133.00 feet; THENCE North an approximate distance of 100.00 feet; Tururr- r_ lop ME 0w am RESOLUTION BE 1T 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 a Quit Claim Deed in favor of First Cumber- land Presbyterian Church of Lubbock, 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 13th day of July, 1978. ATTEST: /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0, Senter.t_ Jr._ City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Dirk West DIRK WEST, MAYOR QUITCLAIM DEED x X 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 in consideration of the sum of ONE AND NO/100.0 1.00) DOLLARS and other good and valuable consideration to it in haridpaid by FIRST CUMBERLAND PRESBYTERIAN CHURCH OF LUB- BOCK, TEXAS a non-profit religious corporation, 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 Indiana Drive adjacent to Tract "G", Melonie Park South, addition to the City of Lubbock, Lubbod<County, Texas, described by metes and bounds as follows: BEGINNING at the Northeast corner of Tract "G", Melonie Park South, an addition to the City of Lubbock, Lubbock County, Texas; THENCE South 89 deg.58'50" East a distance of 5.09.feet; THENCE South Odeg.01'10" 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 of a curve whose radius point bears North 89 deg.58'50" West a distance of 5.00 feet; THENCE Northwesterly around a curve to the left having a radius of 5.Ofeet, tangent lengths of 36'.74 feet, delta angle of 164 deg. 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 1,412.00.feet tangent lengths of 123..86 feet, delta angle of 10 deg. 0;'34", chord lengths of 246.77 feet and a curve length of 247.08 feet to a point of reverse curvature; THENCE aound a curve to the left having a radius of 15.00 feet, tangent lengths of 23..81 feet, delta angle of 115 deg.35'46", chord length of 25.33 feet and a curve length of 30.26 feet to a point of tangency; THENCE South 89 deg. 58'5D'East a ditance of 68.04 feet to a point of curvature; THENCE around a curve to the left having a radius of 15.00 feet, tangent lengths of 15.00 feet, detla angle of 90 deg., chord length of 21.21 feet and a curve length of 23..56 feet to a point of tangency in the West right-of-way line of Indiana Avenue; THENCE South 0 deg. O1'10".West a distance of 43..5 feet to a point of curvature; THENCE around a curve to the right having a radius of 15.00 feet, tangent lenghts of 15.00.feet, delta angle of 90 deg, chord length of 21.21.feet, and a curve length of 23.56 feet to a point of tangency; THENCE North 89 deg. 58'50".West a distance of 103.77 feet to a point of curvature; THENCE around a curve to the left having a radius of 104.00 feet, tangent lenghts' of 57.76 feet, delta angle of 58 deg. 05.'46"•, chord length of 100.99 feet and a curve length of 105..45 feet to.a point reverse curvature with the curve which is the easterly boundary of Tract "G", Melonie Park South; THENCE Northeasterly along the curve which is the easterly boundary of Tract "G", Melonie Park South, said curve having a radius of 1,370.00 feet tangent lengths of 328..44 feet, detla angle of 26 deg. 57'46", chord length of 638.78 feet and a curve lenth of 6W.70 feet to the PLACE OF BEGINNING. 78-37-207-559 (22) 78-37-207-56o (23) 78-37-207-561 (24) TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belongining 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 17th day of July, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr. City Attorney pproving price and conditions of sale on Parcel 5E-1-4C and 5E-1-4D in the Lubbock NDP Urban Renewal Area to Nick P. and Susie L. Lara for the sum of $2,200.00 for the purpose of land - soaping. Motion made by Councilman McAlister, seconded by Councilwoman Jordan to approve referenced sale. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. AAeproving price and conditions of sale on Parcel 2C-2-15 in the Lubbock NDP Urban Renewal Area to Steve Haynes for the sum of $1,100..00 for the purpose of adding on to present single-family residence. Motion made by Councilman McAlister, seconded by Councilwoman Jordan to approve referenced sale. Motion carried: Mayor West, Councilmen Henry, Jordan McAlister and Aderton voting Yea; none voting Nay. ,pproving price and conditions of sale Third Action Year Area, to J.R. Ramos to standard size.. Parcel 75010-40-190 .in the Community Development, the sum of $240.00 for the purpose of increasing lot Motion made by Councilman McAlister, seconded by Councilwoman Jordan to approve referenced sale. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-207-562 Resolution approving and providing for the execution of a memorandum agreement between the (25) Lubbock Urban Renewal Agency and the City of Lubbock in connection with the. close-out of the Memorial Center Urban Renewal Project. Motion made by Councilman Henry, seconded by Councilman McAlister to approve Memorandum of Agreement as stated. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. RFCnI I IT I nN A RESOLUTION PROVIDING FOR THE EXECUTION OF APROPOSED MEMORANDUM OF AGREEMENT BY AND BE- TWEEN THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, AND THE CITY OF LUBBOCK,Ig REGARD TO THE CLOSEOUT OF THE MEMORIAL CENTER COMPLEX URBAN RENEWAL PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AS FOLLOWS: THAT, the proposed Memorandum of Agreement by and between the Urban Renewal Agency of the City of Lubbock, and the City of Lubbock, in regard to the closeout of the Memorial Center Complex Urban Renewal Project is hereby in all respects approved; THAT, the Mayor of the City of Lubbock, be and is hereby authorized and directed to ex- ecute said Agrement in five counter -parts on behalf of the City, and the City Secretary - Treasurer is hereby authorized and directed to impress and attest the official seal of the City of Lubbock on each such cwrterpart and to forward such counterparts to the Department of Housing and Urban Development, together with such other documents relative to the acceptance and execution thereof as may be required by the United States of America. THAT, the City of Lubbock agrees to abide by all of the provisions, terms, and conditions of said Memorandum of Agreement. Passed by the City Council this 13th day of July, 1978. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney .%, •v 4 JUL 13 1978 27 JUL 1 � 1978 The Planning and Zoning Commission recommended to the City Council that this request be denied. ZONE CASE NO. 1437-H - Request of John E. Orr (for Communities Development Corp.) to change a tract of land out of Section 22, Block A, City of Lubbock,Lubbock County,Texas, from R-3 Sp. Use to A-1 Zoning District. (Located South of Loop 289 and about 2400' West of N. Quaker Avenue.) Property is further described by metes and bounds to wit: Beginning at a point which bears East 2672.12 feet and North 3518.81 feet from the Southwest corner of Section 22, Block A, T.T. RR. Co. Survey, Lubbock County, Texas, the west corner of this tract andland the POINT OF BEGININNG. Thence North 53 03' East, 930.60 feet along the Southerly right-of-way line of Loop 289 to the North corner of this tract of land; Thence South 880.28 feet to the Southeast corner of this tract of land; Thence West 120.00 feet to a point; Thence North 10.00 feet to a point; Thence West 152.04 feet to a point; Thence South 53 03' West, 190.12 feet to a point in the Easterly right-of-way line of Utica Drive, the South corner of this tract of land; Thence North 36 57' West, 532.00 feet along the Easterly right-of-way line of Utica Drive, to the West corner, THE POINT OF BEGINNING. Containing 9.567 Acres. The Planning and Zoning Commission recommended to the City Council that this request be approved. ZONE CASE NO. 1919-A - Request of Joe D. Feagin to change a tract of land out Section 12, Block E-2, City of Lubbock, Lubbock County, Texas, to amend sit plan. (Located West of Elgin Avenue and about 140' South of 74th Street.) Property is further described by metes and bounds to wit: On Elgin Avenue, Tract "A", McTonie Gardens Addition, out of Section 12, Block E-2, Lubbock County, Texas, and being more particularly described as follows: Beginning at a point in the South line of Tract C Live Oak Addition, for the most westerly and beginning corner of this tract, thence the southwest corner of Section 12, Block E-2 bears South 89 deg. 57' West 1320.33 feet and South 0 deg. 03' East 2640.0 feet; Thence North 89 deg. 57' East 454.67 feet to a point, the Southeast(Drner of this tract; Thence North 0 deg. 03' West 680.35 feet to a point in the South R. 0. W. line of Loop 289 =i for the northwest corner of this tract; Thence North 89 deg. 57' East along the South R. 0. W. line of Loop 289, 560.00 feet to a point for the northeast corner of this tract; Thence South 0 deg. 03' East 680.35 feet to a point, for an "L" corner of this tract; Thence North 89 deg. 57' East 305.0 feet to a point in the centerline of Elgin Avenue, for a corner of this tract; Thence South 0 deg. 03' East, along the centerline of Elgin Avenue 631.13 feet to a point, for the southeast corner of this tract; Thence South 89 deg. 57' West 630.0 feet to a point in the East line of Flint Avenue, for the South -Southwest corner of this tract; Thence North 0 deg. 03' west along the East line of Flint Avenue 147.85 feet to the P.C. of a curve to the left; Thence Northwesterly around the arc of a curve to the left, whose radius is 75.0 feet, arc distance of 117.81 feet to the end of said curve; Thence South 89 deg. 57' West along the North line of 75th Street 569.0 feet to the P.C. of a curve to the right; Thence Northwesterly around the arc 4f a curve to the right; whose radius is 15.0 feet, an arc distance of 23.56 feet to the end of said curve; Thence North 0 deg. 03' West along the East line of Gary Avenue 247.0 feet to the P.C. of a curve to the left; Thence Northwesterly around the arc of a curve to the left, whose radius is 30.0 feL. , an arc distance of 47.12 feet to the end of said curve; Thence North 0 Deg. 03' West 116.28 feet to the Place of Beginning. Containing 24.04 Acres. 208 JUL 13 1978 ZONE CASE NO. 2197 - Request of Mike Field (for Peace Rabernacle) to change a tract of land out of Section 29, Block AK, City of Lubbock, Lubbock County, Texas, from R-1 to R-2 Zoning District. (Located West of Frankford Avenue and about 120 South of 68th Street.) Property is further described by metes and bounds to wit: METES AND BOUNDS DESCRIPTION of a tract located in Section 29, Block A-K, Lubbock County, Texas, being shown as Lots 70-111, on the Preliminary Plat of Farrar Mesa West, and Addition, to the City of Lubbock, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a point which bears South approximately 800.00 feet from the Northeast corner of Section 29, Block A-K, Lubbock County, Texas; THENCE West an approximate distance of 1320..00 feet; THENCE South an approximate distance of 1246.00 feet; THENCE East an approximate distance of 1320.00 feet; THENCE Northaan approximate distance of 165.00 feet; THENCE West an approximate distance of 1770.00 feet; THENCE North an approximate distance of 916.00 feet; THENCE East an approximate distance of1170.00 feet; THENCE North an approximate distance of 165.00 feet to the Place of Beginning. Contains: 10.2 more or less The Planning and Zoning Commission recommended to the City Council that this request be approved. ZONE CASE NO. 2007rD - Request of John Abney (for Abney & Hatch) to change Tract A-2, Avalon Addition, city of Lubbock, Lubbock County, Texas, to amend site plan. (Located North of Loop 289 and about 500' East of Slide Road. The Planning and Zoning Commission recommended to the City Council that this request be approved subject to the following conditions: I. That this request be tied to the site plan. 2. Each tract shall maintain 5% landscaping and a parking ratio as required by used as designated in the ordinance. 3. Service areas for deliveries and garbage collection shall be screened unless delivery and garbage collection is from the adjacent alley. 4. No car wash, service station or drive-in restaurant shall be permitted on any tracts. A pass through window fo take home food or desserts which is an incidental use to a restaurant will be permitted. 5. No fencing or barriers may be placed on any tract so as to prohibit vehicular traffic access across the tracts. This provision is not intended to prohibit or limit construction of buildings not to hinder the proper placement if or limit construction of buildings nor to hinder the proper placement of parking spaces as required. 6. Alley to be paved for access to commercial property parking and drainage with a 6 foot screening fence required 6 inches inside of the alley on the east side of the alley. 7. Easements shall not be fenced or otherwise obstructed to vehicular traffic. 8. All utility lines to be underground except section, half -section, feeder or major transmission lines. 9. Pedestrian gates shall be provided in the alley fence to permit adjoining landowners access to garbage containers in the alley. 10. No outside sales, banners, pennants, or other promotional activities shall be allowed. ZONE_ CASE NO. 1153-E - Request of Security Park Inc., for a Specific Use Zone Change from C-3 to C-3 Specific Use Permit under provisions of Section 22.3-13 of the Zoning Ordinance, for a veterinary clinic on Lot B, Security Park Development Addition, City of Lubbock, Lubbock County, Texas. (Located West of Slide Road and about 170' South of 35th Street.) Field notes on a 245,745 square feet tract of land out of Lot B, Security Park Development, being out o' �ction 6, Block E-2, Lubbock County, Texas and being more particularly described as follows: Beginning at a point for the Northeast and beginning corner of this tract, whence the North- east corner of Section 6, Block E-2 bears East 70.00 feet and North 579.95 feet; Thence South along the West -line of Slide Road a distance of 322.50 feet to a 3/4" iron pipe, for the Southeast corner of this tract; Thence South 65 deg.04'00" West 242.62 feet to a 3/8" iron rod, for a corner of this tract; Thence North at 54.78 feet past a 3/8" iron rod, continuing for a total distance of 209.78 feet to a 3/8" iron rod for a corner of this tract; Thence West 245.03 feet to a 3/8" iron rod for a corner of this tract: m MEMORANDUM OF AGREEMENT This Agreement, made and entered into this day of , 1978, by and be- tween the City of Lubbock, Texas, hereinafter referred to as "City" and the Urban Renewal Agency of the City of Lubbock, hereinafter referred to as the "Agency," and concurred in by the United States Department of Housing and Urban Development hereinafter somtestimes called "Government" or "HUD" or "Department." WITNFSSFTH! WHEREAS, the Agency has heretofore entered into that certain Loan and Capital Grant Contract dated June 16, 1971, as amended, with the United States of America providing for financial assistance to the Agency under Title I of the Hous.ing act of 1949., as amended, identified as Loan and Capital Grant Contract No. Tex. R-138(c)(LG), Project No. Tex. R-138 (c); and WHEREAS, pursuant to the terms of such Agreement, and a cooperation contract between the City and Agency, the City is obligated to pay one-third of the net project cost through the furnishing of local grants-in-aid; and WHEREAS, the City and Agency contend it has become necessary, due to the substantial completion of project urban renewal activates insofar as same may be completed from a practical and financial standpoint, to close out the project; and WHEREAS, it has become necessary to evaluate further the continued carrying out of the urban renewal project, hereinaftercailed "project" or$rojects;" and WHEREAS, the City is willing to assume additional obligations respecting the carrying out of certain necessary duties and responsibilities imposed upon the Agency by the Loan and Capital Grant Contract relating to the disposal of project lands presently under the control of the Agency; NOW, THEREFORE, the Agency and the City do hereby mutually agree and represent as follows: 1. The City and Agency concur in the use of earned grant and unearned grant funds from Project No. Tex. R-1381 c) and Community Development Block Grant funds as may be needed to pay for the value of unsold land in the subject project with a total estimated of $835, 800.00. Parcels remaining unsold are identified as follows: Disposition Estimated Square Parcel No. Value Zoning Foota e 10-.1 $455,500 Comm 227,75 . 10-3 152,200 Comm 60,895.50 9-1 79,800 Comm 31,928..37 5-2 . 37,300 Comm 21,328..03 3-1 29,300 Comm 19,561.34 9-5 81,700 Comm 32,665.31 TOTAL $835, 00 (as of June 20, Legal Description 1978) Lot 1, Block 6, Memorial Center Ad Lot 3, Blk 6 Memorial Center Add! Lot 2A, Blk 7 Memorial Center Addi Blk 8 Memorial Center Addition Blk 3, Memorial Center Addition Loy 3A, Blk 7 Memorial Center Addi 2. All of the land identified hereinabove remains subject to covenants under the provisions of which: a. The use of the property by the Agency, City or its assignees shall be in accor- dance with the Urban Renewal Plan for Project No. Tex. R-138(c); b. Any improvements on such property required by the Urban Renewal Plan shall be begun within a reasonable time after property is acquired for redevelopment by the City or its assignees; c. Any proposed reconveyances of such property by the Agency or the City for purposes of redevelopment shall be subject to the public disclosure requirements already applicable to local public agencies in the disposition of project land to redevelopers under Section 105(e) of Title I of the Housing Act of 1949., as amended;and d. Discrimination upon the basis of race, color, religion, sex, or national origin in the sale, lease or rental or in the use or occupancy of such land or any improvements erected or to be erected thereon shall be prohibited and the Agency, City and the United States shall be beneficiaries of and entitled to enforce such covenant. 3. Title to the unsold parcels identified in Paragraph 1. hereinabove shall remain in the Agency. 4. All proceeds from the sale or lease of property identified in Paragraph 1. herein - above shall be treated as program income of the City under the provisions of 24 CFR 570.. 506., provided however, that such proceeds may be applied to the reimbursement of any funds of the City, other than funds made available under 24 CFR 570-.800 et seq., or cash local grants-in-aid required on the basis of incurred net project costs, which were used for the payment of temporary loans for the project. 5. The Agency further agrees that HUD may conduct audits and inspections of books, papers, certifications, accounts and all other documents with respect to the administration of the operating account and completion of all activities and to establish requirements for proper certifications with respect to the administration of said operating account and com- pletion of all activities. 6. During the life of Project No. Tex. R-138(c) a total of 152 dwellings units were demolished. All low and moderate income housing requirements to be provided pursuant to Section 105.(h) of Title I of the Housing Act of 1949, as amended, have been provided. Such units are identified as to general location on the map attached hereto and made a part hereof as Attachment A. Housing not provided would be incorporated and identified in the City's Housing Assistance Plan. 7. In the event that the City should succeed the Agency with respect to any duties, activities, obligations or otherwise connected with completion or carrying out of the project the City hereby agrees to be bound by the terms of this Agreement and to perform the Agency's duties, obligations, and activities to the same extent as the Agency is herein obligated. 8. Any costs or obligations incurred in connection with the project with respect to claims which are disputed, contingent, unliquidated or unidentified and for the payment of which insufficient project funds have been reserved under the financial settlement, shall be borne by the City. Such additional exoenses may be paid form funds made available from Com- munity Development Block Grant funds under 24 CFR 570. et seq. 9. Obligations under this Agreemnt are made specifically subject to the program mana- gement requiremtns of Subpart (J) of 24 CFR 570.900, et. seq. 10.. It is specifically understood and agreed that the concurrence of this Agreement by the United States Department of Housing and Urban Development shall not constitute a waiver of the terms of the Loan and Capital Grant Contract and amendment thereto with the Agency. IN WITNESS WHEREOF, the parties by these presents have executed the Agreement on the date here i nabove shown . URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK: ATTEST: BY Chairman Secretary CITY OF LUBBOCK ATTEST Dirk West MAYOR Secretary CONCURRED IN: UNITED STATES OF AMERICA Secretary of Housing and Urban Development 78-37-209-563 Resolution authorizing the Mayor to Execute (26) Renewal Agency for the acquisition of proper BY Assistant Regional Administrator for Community Planning and Development a contract between the Ci tv for use as the Parkwal y of Lubbock and Urban Neiqhborhood Center. Motion made by Councilman McAlister, seconded by Councilman Aderton to execute referenced contract. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 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 ececute for and on behalf of the City of Lubbock a Contract for Acquisition and Relocation Services with the Urban Renewal Agency of the City of Lubbock attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitit and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of July, 1978. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffag _ City Secretary -Treasurer APPROVED AS TO FORM: ~" /s/ Fred 0. Senter, Jr. City Attorney r JUL 13 1978 Thence South 53 deg.52122" West 155.00 feet to a 3/8" iron rod for a corner of this tract; Thence North 36 deg.07'38" West 220.00 feet to a 3/8" iron rod set for the Southwest corner of this tract; Thence North 53 deg. 52'22" East along the Southeasterly R.O.W. line of the Brownfield High- way to an "x" on the walk for the Northwest corner of this tract; Thence South 36 deg.07'38" East 355.78 feet to a 3/8'' iron rod for a corner of this tract; Thence East 355.78 feet to the Place of Beginning. Containing 245,745 square feet. The Planning and Zoning Commission recommended to the City Council that this ^request be approved. �� 12ofto JUL 13 1978 CONTRACT FOR ACQUISITION AND RELOCATION SERVICES This contract made this day of , 1978, between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, hereinafter called "AGENCY", and the CITY OF LUBBOCK, TEXAS, hereinafter called "CITY." WITNESSETH: WHEREAS, the CITY has a public need to acquire certain lands pursuant to the expanding needs of the Community for an additional Neighborhood Center facility; and, WHEREAS, the CITY is to acquire certain additional lands for a Neighborhood Center in vicinity of 405-07 North Quirt Avenue on Lubbock, Texas, to be known as "parkway Neighbor- hood Center," and is desirous of having the AGENCY perform certain functions with respect to the acquisition of such lands and in the administration of the relocation activities anticipated to be necessary upon acquisition thereof; and WHEREAS, the AGENCY is desirous of performing the functions for the CITY with respect to obtaining appraisals of certain parcels, acquistion of such Lands and the relocation activities anticipated to be necessary upon acquisition thereof. NOW, THEREFORE, the parties hereto agree as follows: 1. The AGENCY shall furnish certain services with respect to the acquisition of certian parcels of land on behalf of the CITY for its "parkway Neighborhood Center, the said parcel being described as follows: All of Tract C of the Mackenzie Manors Additions also known as Mackenzie Manors Addition, being one and the same addition to the City of Lubbock, Lubbock County, Texas. all of the said poroperties being located within the City of Lubbock. 2. The AGENCY will provide the following services with respect to the acquisition of said above parcel: A. Upon receipt by CITY of the appraisals obtained for CITY by the AGENCY, CITY shall determine the fair market value of each parcel of land based on such appraisals, and AGENCY will meet personally with each owner of respective parcels of land and present to such owner a written offer based on such established fair market value. B. The AGENCY will deliver the written offer to purchase the property to the owner I� (based upon the CITY'S appraisal and established fair market value) together with a sum- mary statement of the basis of the offer, prepared in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, hereinafter called the "ACT". II C. The AGENCY'S negotiator will explain the policies and requirements of the CITY with respect to the acquisition of the parcels of real property to be acquired as are above set forth. D. The AGENCY will discuss the offer to purchase with the respective owners of the parcels of real property, including information contained in the summary statement of the basis of just compensation, and all other terms and conditions of the option to sell will eb presented to the respective owners thereof. E. The AGENCY will provide the owners of the respective parcels if t e property every reasonable opportunity to present evidence which the owner believes to be relevant to the question of value and which may be suggested in the terms and conidtions in the option as may be necessary and desirable, and AGENCY shall report any proposed modifications to CITY. F. The AGENCY will contact all parties to obtain releases of liens or any other in- strument which the CITY deems necessary for the purpose of securing fee simple title to all of the parcels to be acquired under this Agreement. G. The AGENCY will provide such services with respect to the coordination of the appraisers and review appraiser as may be necessary and as requested by the CITY. 3. The AGENCY will provide relocation services with respect to the owners or tenants of the parcels of real property which are to be acquired by the CITY as are above specified, in accordance with the Act, which will include: A. Notification to owners, tenants or. -any other person of relocation assistance that is available under the terms of the Act. B. Provide counseling services as are necessary to the displace owners, tenants or any other person who is determined to be entitled to relocation assistance under the Act. C. Prepare all necessary claim forms, notices, or any other papers or documents as may be required by the Act and deliver such to the appropriate parties. 4. The AGENCY agrees to maintain such records as may be required by this Act, which is understood to govern the procedures employed in the acquisition of such parcel of real property for the purposes as are set forth herein. Upon completion of all services, includ- ing the hereinabove specified relocation services for each parcel, the AGENCY will turn over all records relating thereto to the CITY. The AGENCY will not maintain any permanent records with respect to the parcels of real estate to be acquired under this Contract after the com- pletion of such services as are specified to be performed by the AGENCY herein. JUL 13 1978 ANO 5. The AGENCY agrees to provide such appraisals and appraisal reviews of the properties to be acquired for such project, as are above specified, in accordance with the Act. The costs of such appraisals and appraisal reviews shall be borne by the AGENCY. 6. The CITY will, based upon the appraisals and review appraisal of each parcel, estab- lish the fair market value of each parcel and pursuant to the establishment thereof the AGENCI shall make all certifications relating thereto as are necessary under the Act. all 7. The CITY will provide/legal services, surveys, certificates, or other instruments necessary for the acquisition and for relocation with respect to the parcels of land as are above set forth. 8. The CITY retains the right to make all final decisions with respect to the establish- ment of fair market value, or any other decision relating to the eligibility of persons for the receipt of relocation assistance, insofar as the CITY is vested with discretion in such matters, or with respect to any other decision or approval that may become necessary in the acquisition of the properties which are the subject of this Contract. 9. The AGENCY will be responsible for the management of properties acquired hereunder after acquisition of the parcels as are set forth herein until such time as all relocation of the occupants has taken place. 10. The City will make all payments and disbursements with respect to acquisition pay- ments or relocation payments, or any other payments which may become due by virtue of the acquisition of the said above -described parcels for such project. 11. The CITY will be responsible for any eviction or condemnation proceedings that may become necessary and the AGENCY will not institute or take part in any such proceedings ex- cept that such AGENCY personnel providing the services as are specified herein to the CITY will be available to testify in Court if needed. 12. The CITY shall reimburse the AGENCY for the services of the AGENCY as are set forth herein, based upon an actual hourly time cost of the personnel of the AGENCY involved in pro- viding the services and the actual cost of reimbursable items including travel office expenses, appraisal services and the AGENCY shall provide the CITY an itemized bill at such time as the appraisals, acquisition and relocation services for any particular parcel are completed, with, the manimum compensation to be due the AGENCY for the total services to be performed and ac- tual expenses incurred and provided hereunder by the AGENCY to be $3,000.00. EXECUTED as of the date hereof. ATTEST: /s/ Evelyn Gaff a City Secretary -Treasurer ATTEST: Secretary CITY OF LUBBOCK /s/ Dirk West MAYOR URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS APPROVED AS TO FORM: Chairman /s/ Fred 0. Senter, Jr. City Attorney 78-37-211-564 Resolution amending the current structure of the Community Development Advisory Committee rE (27) flectin re uirements to include representation from the Senior Citizens Association and the handica ed association. RESOLUTION WHEREAS, citizen participation has continually been an important and worthwhile part of the development of the Lubbock Community; and WHEREAS, citizens should continually be given opportunities to decide and make known thei;Ir community needs and problems; and WHEREAS, citizens should be informed of municipal, state and federal programs which af- fect the quality of their city and neighborhood, and should be involved in the decision-makin process; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council Resolution of August 28, 1975 is hereby amended; and 212 JUL 13 19T8 78-37-212-565 (28) 78-37-212-566 (29) THAT a Community Development Advisory Committee is hereby created to be composed of the chairman of the Community Development Advisory Committee, who shall/g$pointed by the Mayor and the chairman of the following City Boards and Commissions: Planning and Zoning Commis- sion, Parks and Recreation Board, Urban Renewal Board, Board of City Development, Human Re- lations Commission, the Lubbock Housing Authority Board, the Community Services Commission and the Airport Board. In addition to these members, a representative of the elderly and a representative of the handicapped shall be appointed by the City Council. Further, the City Council shall appoint two (2) citizens from each of six(6) city sectors as described in Attachment A". Low and moderate income citizens and members of minority groups shall be given substanial representation. The Committee shall adopt rules and procedures necessary to conduct business, including the creation of sub -committees where needed. The basic purposes of the Community Development Advisory Committee are to coordinate citizen particpation in the Community Development process, to coordinate requests for Com- munity Development funds from City departments and agencies, and to assess and recommend overall Community Development priorities to the City Council. The City Council shall establish the basic Community Development Program structure through the Community Development Office within which the Committee will function. Appointments as chairman and members of the Committee shall be for two (2) years. Members may be removed by Council at any time for just cause by majority vote. The Committee shall exist• as long as the City Council determined a need for its ser- vices in accordance with state and federal statutes and regulations. Passed by the City Council this 13th day of July,1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gafff a, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney Consider appointments to the Community Development Advisory Committee. Motion made by Councilman Henry, seconded by Councilwoman Jordan to appoint Walter Pace, 4407 55th St., Lubbock to represent the Senior Citizens Association, and Larry C. Gardner, 5535 2nd St., to represent the Handicapped Association. Motion carried: Mayor West, Council- men Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. Resolution authorizin the Mayor to execute the certification on the "Authorized Signature Card for Payment Vouchers on Letter of Credit." Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve resolution. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK the certification which appears on the "Authorized Signature Card for Pay- ment Voucher on Letter of Credit" in connection with the COMMUNITY DEVELOPMENT BLOCK GRANT, Project No. B-77-MC-48-0022, and B-78-MC-48-0022, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of July, 1978. ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney *NOTE: Certification is attached to original Resolution. /s/ Dirk West DIRK WEST, MAYOR , 1.1 3 197S ,. V 78-37-213-567 (30) 78-37-213-568 (31) Authorizing notice for bids for devel rs of University Pines Addition. Lots 276-281 Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve authorization Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. Resolution accepting paving improvements constructed by Kerr Construction Company in Guillot Gardens, Lots I thru 279. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve Resolution. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Guillot Gardens Addition, Lots 1-280 and Tract "A", made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedi* cated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Guillot Gardens, Lots 1-280 and Tract "A" including the following streets: 90th Street from its intersection with the East lip line of Indiana Avenue to its intersection with the West lip line of Geneva Avenue known and designated as New Subdivision Sub -Unit Number 24 of Unit Number 2021. 91st Street from its intersection with a line the East lip line of Indiana Avenue to its intersection with a line 16.00 feet West of West property line of Gary Avenue known and designated as New Subdivision Sub -Unit Number 25 of Unit Number 2021. 92nd Street from its intersection with the East lip line of Indiana Avenue to its intersection with the West lip line of Flint Avenue known and designated as New Subdivision Sub -Unit Number 26 of Unit Number 2021.. 93rd Street from its intersection with the East lip line of Indiana Avenue to its intersection with the West lip line of Gary Avenue known and designated as New Subdivision Sub -Unit Number 27 of Unit Number 2021. 94th Street from its intersection with the East lip line of Indiana Avenue to its interseciton with the West Lip line of Gary Avenue known and designated as New Sub- division Sub -Unit Number 28 of Unit Number 2021. 90th Street from its intersection with the East lip line of Flint Avenue to its intersection with a line 7.00 feet West of the West property line of Alley West of Elgin Avenue known and designated as New Subdivision Sub -Unit Number 29 of Unit Number 2021.. 91st Street from its intersection with the East lip line of Flint Avenue to its intersection with a line 7.00 feet West of West property line of Alley West of i� Elgin Avenue known and designated as New Subdivision Sub -Unit Number 30 of Unit Number 2021. 92nd Street from its intersection with the East lip line of Flint Avenue to its intersection with a line 7.00 feet West of West property line of Ailey West of Elgin Avenue known and designated as New Sundivision Sub -Unit Number 31 of Unit Number 2021.. 93rd Street from its interseciton with a line 48.76 feet West of West property line of Flint Avenue to its intersection with a line 7.00 feet west of West property line of Alley West of Elgin Avenue known and designated as New Sub- division Sub -Unit Number 32 of Unit Number 2021. North 1/2 of 94th Street from its intersection with the East lip line of Gary Avenue to its intersection with a line 7.00 feet West of West property line of Alley West of Elgin Avenue known and designated as New Subdivision Sub -Unit Number 33 of Unit Number 2021. Hartford Avenue from its intersection with the North lip line of 94th Street to its intersection with the South lip line of 93rd Street known and designated as New Subdivision Sub -Unit Number 35 of Unit Number 2021. Hartford Avenue from its intersection with the North lip line of 92nd Street to its intersection with the South lip line of 91st Street known and designated as New Subdivision Sub -Unit Number 36 of Unit Number 2021. Geneva Avenue from its intersection with the North lip line of 93rd Street to its intersection with the South lip line of 92nd Street known and designated as New Subdivision Sub -Unit Number 37 of Unit Number 2021. c14 JUL 13 1978 Geneva Avenue from its intersection with the North lip line of 92nd Street to its intersection with the South lip line of 91st Street known and designated as.New Subdivision Sub -Unit Number 38 of Unit Number 2021. Geneva Avenue from its intersection with the North lip line of gist Street to its intersection with the centerline of 90th Street known and designated as New Subdivision Sub -Unit Number 39 of Unit Number 2021. Geneva Avenue from its intersection with a line 7.00 feet South of South property line of Alley South of 94th Street to its intersection with the South lip line of 94th Street known and designated as New Subdivision Sub -Unit Number 40 of Unit Number 2021. Geneva Avenue from its intersection with the North lip line of 94th Street to its intersection with the South lip line of 93rd Street known and designated as New Subdivision Sub -Unit Number 41 of Unit Number 2021., Gary Avenue from its intersection with a line 7.00 feet South of South property line of Alley South of 94th Street to its intersection with the South lip line of 92nd Street known and designated as New Subdivision Sub -Unit Number 42 of Unit Number 2021. Gary Avenue from itsintersection with a line 16.00 feet West of West proerty line of Gary Avenue at 91st Street to its intersection with the North lip line of 92nd Street known and designated as New Subdivision Sub -Unit Number 43 of Unit Number 2021. Flint Avenue from its intersection with the centerline of 90th Street to its intersection with a line 19.70 feet West of West property line of Lot 247 (Guillot Gardens) known and designated as New Subdivision Sub -Unit Number 44 of Unit Number 2021. Flint Avenue from its intersection with the North lip line of 94th Street to its intersection with the South lip line of 93rd Street known and designated as New Subdivision Sub -Unit Number 45 of Unit Number 2021. Various Drainage Channels known and designated as New Subdivision Sub -Unit Number 47 of Unit Number 2021. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the pay- ment of the City's portion of the cost and to relase escrow money. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF JULY, 1978. ATTEST: /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED: /s/ Dirk West MAYOR APPROVED: /s/ Wilford D. Watson /s/ Fred 0. Senter, Jr. City Engineer City Attorney 78-37-214-569 Resolution accepting avin im rovements constructed by Harold Stotts in S. Mark Lovell (32) Addition Tracts "D and V . Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve Resolution. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. J:JL 13 1978 2i5 RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirements provisions of City Ordinance 1331, the subdivider of S. Mark Lovell Addition, Tracts "D" and "E" made arrangements with Harold Stotts Paving Contractor for the construction of paving improvements on certain streets dedi= cated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of S. Mark Lovell Addition including the following streets: The South 1/2 of 82nd Street from its intersection with a line 16.00 feet West of the West Property Line of Raleigh Avenue to its inter- section with a line 240.56 feet East of the East Property Line of Raleigh Avenue known and designated as New Subdivision Sub -Unit Number 91 of Unit Number 2020. Raleigh Avenue from its intersection a line 13.00 feet South of the South Property Line of 82nd Street to its intersection with the North Lip Line of 85th Street known and designated as New Subdivision Sub - Unit Number 92 of Unit Number 2020. 85th Street from its intersection with a line16.00 feet West of the West Property Line of Raleigh Avenue to its intersection with a line 260.56 feet East of the East Property Line of Raleigh Avenue known and designated as New Subdivision Sub -Unit Number 93 of Unit Number 2020. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance No. 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the pay- ment of the City's portion of the cost and to release escrow money. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF JULY, 1978. Attest: /s/ Evelyn Gaff9a. City Secretary -Treasurer APPROVED: /s/ Dirk West Dirk West, Mayor APPROVED: /s/ Wilford D. Watson /s/ Fred 0. Senter Jr. City Engineer City Attorney 78-37-215-570 Resolution accepting paving improvements constructed by Harold Stotts in Time Square, Lots (33) - 3A-3E and 5A to 5F. " Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve resolution. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the pavin.g requirements provisions of City Ordinance 1331, the subdivider of Times Square Addition, Lots 3A-3E and 5A-5F, made arrangements with Harold Stotts Earth Moving Contractors, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Time Square Addition, Lots 3A-3E and 5A-5F including the following streets: 74th Street from its interseciton with the East Lip line of Elgin Avenue to its intersection with the West property line of Lot 3B known and designated as New Subdivision Sub -Unit Number 22 of Unit Number 2024. E. 1/2 of Elgin Avenue from its intersection with a line 7.00 feet North of North property line of alley North of 74th Place to its intersection with the South lip line of Loop 289 Access Road known and designated as New Subdivision Sub -Unit Number 23 of Unit Number 2024. AND WHEREAS, the construction of the above improvements on the abovementioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City soecifirptinnc And in ae-rnrrlanru w;+.k tkn __ -C r-L n_Je__._ - I I 21f JUL 13 1978 78-37-216-571 (34) THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. That the improvements on said portions -of the above mentioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the pay- ment of the City's portion of the cost and to release escrow money. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF JULY, 1978 I:1ii*is /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson City Engineer /s/Dirk West MAYOR APPROVED: Fred 0. Senter, Jr. City Attorney Consider a resolution accReting pavinoimprovements constructed by Commercial Concrete Con- struction Company for G.W.O. 10,945 Indiana Avenue from 90th to 95th Street . Motion made by Councilwoman, seconded Councilman McAlister to approve resolution. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. RESOLUTION RESOLUTION ACCEPTING IMPROVMENTS ON A PORTION OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, THE City of Lubbock passed a resolution authorizing the construction of street improvements by Commercial Concrete Construction Company, G.W.O. 10,945, on a portion of the following street: Indiana Avenue from 90th street to 95th street which is a combination of Unit Numbers 2020-68, 2020-77, 2021-34 and 2021-62. AND WHEREAS, the improvements upon the said portion of the abovementioned street has been inspected and found to have been constructed according to the approved plans and specifi- cations. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. That the improvements on said portion of the abovementioned street be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's share and release escrow money. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 13TH DAY OF JULY, 1978 ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson City Engineer /s/ Dirk West MAYOR APPROVED: /s/ Fred 0. Senter, Jr. City Attorney 78-37-216-572 Resolution acce tin water and sewer improvements -in Lots 725 thru 870 and Tract F. Raintree (35) Addition. Motion made by Councilwoman Jordan, seconded by Councilman McAlister to approve resolution. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none Nay. JUL I U -1978 78-37-217-573 (36) 78-37-217-574 (37) 78-37-217-575 (38) RESOLUTION Resolution accepting water and sewer system improvements for Lots 725 thru 870 and Tract F, Raintree Addition. WHEREAS, the developer of Lots 725 thru 870 and Tract F, Raintree Addition have complied with the provisions 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 $131,254.58 with the improvements con- structed by Holloway Contracting Company having a value of $ 1`2�,352.38 as determined by the unit prices established by said Chapter 34, and $7,902.20 cash (engineering, wet tie-ins, paving repair, difference in Pro Rata amd actual cost) paid to the City, with Leroy Elmore, the deve- loper, to receive a refund of $33,819.22 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 said improvements have been 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 hereby accepted as integral part of the water and sewage system of the City of Lubbock. 2. That refund of the refindable cost in the amount of $33,819.22 be made in accordance with said Chapter 34. 3. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 13TH DAY OF JULY, 1978. Attested: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson City Engineer Acceptance of Water Distribution M or in the sum of /s/Dirk West MAYOR APPROVED: Fred 0. Senter, Jr. City Attorney Street and authorizing fi ant to the con - Motion made by Councilwoman Jordan, seconded by Councilman McAlister to authorize final payment as stated. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. _Authorizing Notice to Bidders, for construction of utilities ahead of 1978 Assessment Paving Program. _ _...._.... Motion made by Councilwoman Jordan, seconded by Councilman McAlister to authorize Notice to Bidders. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. ORDINANCE N0. 7691 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A PORTION OF 66TH STREET BETWEEN SLIDE ROAD AND ALBANY AVENUE, THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (Closing a portion of 66th Street between Slide Road and Albany Avenue in conjunction with the platting of this a rea . Motion made by Councilwoman Jordan, seconded by Councilman Aderton to pass this ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. �g JUL 13 1978 78-37-218-576 (39) 78-37-218-577 (40) 78-37-218-578 (41) 78-37-218-579 (42). 78-37-218-580 (43) ORDINANCE NO. 7692 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: THE ALLEY BETWEEN LOTS 1 AND 2, BLOCK 17, GUADALUPE 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. (Abandoning and closing the alley between Lots 1 and 2 Block 17 Guadalupe Addition to the City of Lubbock; that the present alley is a "T" alley and new alley has been secured to replace that "T" alley. Motion made by Councilwoman Jordan, seconded by Councilman Aderton to pass this ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. ORDINANCE NO. 7693 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: THE EAST -WEST ALLEY BETWEEN LOTS 1 AND 3, BLOCK 2, NAMRON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET ALLEY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. JAban- doning and closing the east -west alley between Lots 1 and 3 Block 2 Namron Addition to the Cit ?of Lubbock a new alle y to be dedicated to 36th Street and a utility easement granted to cover the existing utilities. Motion made by Councilwoman Jordan, seconded by Councilman Aderton to pass this ordinance on first reading. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. Resolution determining that it would be to the public interest to acquire Block 16 Phyllis Wheatley Addition to the City of Lubbock for municipal purposes --the location of two new digesters at the Water Reclamation Plant. Motion made by Councilman McAlister, seconded by Councilwoman Jordan to approve resolution. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT it is hereby determined that it will be to the public interest and welfare for the Right -of -Way Department of the City to acquire certain real estate described as all of Block 16, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas, for municipal purposes, from the owners thereof at a price later to be determined by appraisals obtained by the City of Lubbock to establi�h fair market value for said acquisition. Passed by the City Council this lath day of July, 1978. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney Consider Protective purchase of house at 3401 - 39th Street. Motion made by Councilman McAlister, seconded by Councilman Aderton to decline offer to pur- chase house. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. Resolution authorizing the Mayor to sign an aeplication for a Title Ill grant to remodel and renovate Mae Simmons Senior Citizens' Center. Motion made by Councilwoman Jordan, seconded by Councilman McAlister requesting the Parks and Recreation Department to determine if Community Development funds are available to said pro- ject, thus eliminating a 10-year commitment; and if so, that more information be obtained on projected long-term uses. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. `JUL 13 1978 "19 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- i ecute for and on behalf of the CITY OF LUBBOCK an Application for Project Grant from the Office on Aging, South Plains Association of Governments, 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 13th day of July, 1978. ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney /s/ Dirk West MAYOR 78-37-219-51 Resolution authorizin2 the Mayor to file an application and execute a contract for a technical (44) study grant for F.Y. 197 -79 under Section 9 Provisions of the Urban Mass Transportation Act. Motion made by Councilman McAlister and seconded by Councilman Aderton to approve authorization. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. RESOLUTION RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transporation is authorized to make grants for mass transporation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the app- licant, 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 provisions of Title V1 of the Civil Rights Act of 1964, that in connection with the filing of an applic- ation for asistance under the Urban Mass Transportation Act of 1964, as Amended, 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 Transportatirn requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies„ equipment contracts, or consultant and other services; and WHEREAS, the City Council has determined that it would be in the best interest to authorize the City of Lubbock to participate with the Urban Mass Transportation Administration of the U.S. Department of Transportation in the update and revision of past Transit Studies, and to apply for asistance for such study from UMTA; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Resoultion authorizing the Mayor of the City of Lubbock to make an application for Technical Studies Grant to the Urban Mass Transportation passed by this City Council on June 8,1978, is hereby repealed in its entirety, and this resolution is passed in lieu and as a substitute therefor in all respects. SECTION 2. THAT the Mayor is hereby authorized to make application for a Technical Studies Grant from UMTA with the Steering Committee (Metropolitan PIanning Organization) of Lubbock Urban Transportation Study,being the designated planning agency; THAT the Mayor of the City of ecute an Agreement with the United ation Administration, in the event Lubbock, BE and is hereby authorized and directed to ex - States of America, acting through the Urban Mass Transport the Grant is approved, and THE City of Lubbock does hereby agree to provide matching funds for such Technical Studies which shall be in an amount not to exceed FIVE THOUSAND DOLLARS ($5,000.00). Such matching funds shall be in cash or in -kind -services. UMTA funds will not exceed TWENTY THOUSAND DOLLARS ($20,000.00). SECTION 3. THAT the Mayor is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 'n JUL 1978 SECTION 4. THAT the Mayor is authorized to furnish such additional information as the U.S. Department of Transportation mayrequire in connection with the application or the pro- ject. SECTION 5. THAT the Mayor is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Passed by the City Council this 13th day of July, 1978. ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. City Attorney /s/ Dirk West MAYOR 78-37-220-582 Authorization to City Secretary to advertise sale of General Obligation Bonds Series 1978 (45) on July 23, and 30, August 6, 13 and 20.. Motion made by Councilwoman Jordan, seconded by Councilman Henry so authorizing. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-220-583 Approval by the City Council to permit to drill a test well at a legal described location (46) as 660 ft. from the north line and 660 ft. from the west line of Section 7 Block A T.T.R.R. Co. Survey, Lubbock County, Texas. Upon verification by the City Attorney that all requirements under the ordinance have been complied with, motion made by Councilman Aderton, seconded by Councilman McAlister to ap- prove referenced matter. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-220-584 Resolution approving ro osed lease agreement for oil and as lease contract covering an (47) undivided one-half interest in Section 5, Block 5 T.T.R.R. Co. Survey, Lubbock County, Texas being _ 0 gross acres and 320 net acres. Motion made by Councilwoman Jordan, seconded by Councilman McAlister approving proposed lease agreement. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 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- ecuted for and on behalf of the CITY OF LUBBOCK an oil and gas lease and rental division order on Section 5, Block A, T.T.R.R. Co. Survey, Certificate 396, Abstract no. 87 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 Resolution as if fully copied herein in detail. Passed by the City Council this lath day of July, 1978. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Sente_r,_Jr. City Attorney 78-37-220-585 Amendment to contract with Cresap, McCormick and Paget regarding o (48) ment analysis, with additional productivity study. ianizational and manage - After considerable discussion,motion made by Councilman McAlister seconded by Councilwoman Jordan to proceed with the productivity study, consultants fees not to exceed $100,000.00, as an additional part of the organizatl.onal-management analysis. Motion did not carry: Council- man McAlister and Councilwoman Jordan voting Yea; Mayor West, Councilmen Henry and Aderton voting Nay. JUL 13 1978 � i 78-37-22.1-586 (49) Ordinance regarding burglar alarm. Item tabled until the next council session - July 27, 1978. 78-37-221-587 Ordinance on substandard housing (50) Item removed from the agenda and placed on work session agenda for further discussion. 78-37-221-588 Request from C.R. Anthony in Caprock to use amplifier in grand opening on July 15, 1978e. (50-A) 5:00 - 7:00 P.M. Motion made by Councilman Henry, seconded by Councilwoman Jordan to deny request. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. y 78-37-221-589 Bid No. 4953 - Furnish and install conduit E. Broadway quirt Avenue; and Parkway Drive and (51) Zenith Avenue. Low bidder: L.V. Drake & Sons, Lubbock; Second low bidder: Industrial Trench, Lubbock; Other: Holloway Road Boring & Underground, Lubbock Bid Tabulation in Bid Book. Motion made by Councilman McAlister, seconded by Councilman Henry to accept bids as presented. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-221-590 Bid No. 4950 - Flatwork, fending and post installation at various parks. (52) Low bidder: Arrtco Tennis Systems, Lubbock; Second low bidder: W.B. Abbot Construction Co., Lubbock; Other: W.D. Turner Construction Co., Lubbock and Wardgroup & Associates, Inc., Lub- bock. Bid Tabulation in Bid Book. Motion made by Councilman McAlister, seconded by Councilman Henry to accept bids as presented. Motion carried: Mayor West, Councilmen Henry, Jordan, McALister and Aderton voting Yea; none voting Nay. 78-37-221-591 Bid No. 4967 - Replacement of glass, Rodgers Community Center (53) Low bidder: Tyson Bros. Glass Co., Lubbock; Second low bidder: Oak Cliff Mirror C Glass, Lubbock; Other: PPG Industries, Inc., Lubbock and Lubbock Glass & Mirror, Lubbock. Bid Tabulationiin Bid Book. Motion made by Councilman McAlister, seconded by Councilman Henry toaaccept the bids as pre- sented. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-221-592 Bid No. 4949 - Two Vacuum street sweepers Low bidder: Evironmental Sales & Services, Dallas; Second low bidder: Yellowhouse Machinery Co., Lubbock; Other: Associated Supply Co., Lubbock and West Texas Equipment Co., Lubbock. Bid Tabulation in Bid Book. Motion made by Councilman McAlister, seconded by Councilman Henry to accept bids as presented. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-221-593 Bid No. 4962 -- One 12 cu. yd diesel dump truck Low bidder: Lone Star Ford Truck Sales, Inc., Lubbock; Second low bidder: J.D. Hufstedl.er Truck, Co. Bid Tabulation in Bid Book. Motion made by Councilman McAlister, seconded by Councilman Henry to accept bids as presented. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-221-594 Bid No. 4958 - Two 16" Ball valves (56) Low bidder: Bingham -Willamette Co., Dallas; Second low bidder: Newman Engineered Co., Dallas; Other: Bernhard Associates. Bid Tabulation !e Bid Book. Motion made by Councilman McAlister, seconded by Councilman Henry to accept bids as presented. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-221-595 Bid No. 4956 - Miscellaneous Park Equipment (57) - Low bidder: Items 1 and 4-Paul E. Allen Co., Inc., Houston; Items 2 and 5-Vaugan & Associates Inc., Dallas; item 3 - Hodl1�nHRecreation Equ+pment, Ricihar@so'; Other: Quality Industries, Hillsdale, Mich. Bid Tabulation in Bid Book. �4rtirFi JUL T '3 1978 78-37-222-596 Bid No. 4924 - Central Fire Station (58) Low Bidder: Mike Klein General Contractor, Lubbock; Second low bidder: W.G. McMiiliam Construction, Lubbock; Other: Page & Wirtz & Co., Lubbock; C.B. Thompson, Lubbock; Claude Martin & Sons, Inc., Lubbock; Jerry Gailey Construction Co., Lubbock. Appearances: Representative of Roberts -Johnson and Stiles & Stiles, Architects - A Joint Venture. Chief Tom Foster Motion made by Councilman Henry,sseconded by Councilman McAlister to accept the low bid of Mike Klein General Contractor of Lubbock. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-222-597 Community Development contingency funds for construction of Central Fire Station in the sum (59) of $12 155.00. - . _..._._. Motion made by Councilman Henry, seconded by Councilman McAlister approving said funds. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. 78-37-222-598 Appointment of one member to the Urban Renewal Board to replace Juan Cortez whose term (60) expires November 2 19 LS. This request was made by Mrs. Betty Anderson, Chairman of the Urban Renewal Hoard, because of Mr. Cortez's inattendance at the meetings. Council requested Orville Alderson to contact Mrs. Anderson inquiring whether or not Mr. Cortez had been consulted with respect to his absenteeism from Board meetings; that the matter would then be considered at the next Council meeting, July 27, 1978. 78-37-222-599 Appointment of one alternate member to Zoning Board of Adjustment, pursuant to OrdinanceJ671 Motion by Councilman Henry, seconded by Councilman McAlister appointing Paul Godwin, C.P.A. as an alternate member to this Board. Motion carried: Mayor West, Councilmen Henry, Jordan, McAlister and Aderton voting Yea; none voting Nay. Mr. Godwin's term will be for two years, expiring July 13, 1980. The Council adjourned for continued work session and executive session. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING JULY 13, 1978 ATT T: I -ram City Secretary -Treasurer READ AND APPROVED THIS THE ATT ST: City Secre ary- reasur r DAY OF 1978. OR