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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/14/1978SEP i 4 1978 wSo REGULAR CITY COUNCIL MEETING SEPTEMBER 14, 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, towit: Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan, Councilman M.J. Aderton, Councilman Bill McAlister, City Manager Larry Cunningham, City Attorney John C. Ross,Jr., and City SecretaryTreasurer Evelyn Gaffga. Absent: None 78-37-283-786 The invocation was given by Mayor Pro Tem Alan Henry. (1) 78-37-283-787 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chamber. 78-37-283-788 Approval of City Council Minutes - Regular Meeting (3) Regular meeting held August 24, 1978 Special meeting held August 25, 1978 Motion was made by Councilman Aderton, seconded by Councilman Henry to approve referenced minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Jordan, Aderton and McAlister voting Yea; none voting Nay. 78-37-283-789 Board Appointments (5) Certificates for the Board appointments of Father Antonio Gonzales, to the Human Relations Commission, and to Raul Sanchez, to the Urban Board were not presented, inasmuch as the new appointees were not present in the Council Chambers. 78-37-283-790 Proclamations: (6) "C. Dayle Vannoy Day" September 16, 1978 "National Constitution Meek" September 1724, 1978 Mrs. Sterling Crumpler and Mrs. Claude Rogers accepted this proclamation. "Lubbock Theatre Centre Month" - Month of September Dr. Harry Walker and Mr. Richard S. Talley accepted this proclamation. Mr. Joe Rogers and Mr. Jerry Greuel of Clark Equipment Company presented a letter to Mayor West on behalf of Clark Equipment Company as part of the company's 75th Anniversary this year. Mr. Rogers also issued an invitation to all members present in the Council Chambers to attend the Clark Equipment Company's open house on Sunday, September 17, 11:30 a.m. 78-37-283-791 Special Service Award to Alton Abbott Mr. Abbott was not present in the Council Chambers and the award was not presented. 78-37-283-792 Appearance of Shakir Hafeez �Muuh Muhyee requesting waive of $75.00 filing fee to initiate (8) Zoning Board ADustment procedures T Mr. Muhyee represented the organization of Masjid Muhammad. Mr. Muhyee indicated that the organization, which is a religious organization, had been meeting at 212 Cherry Avenue in a vacant residence; that the organization consists of about 20 members; that they had received a notice from the City that they were in violation inasmuch as they in an "R1" zoning district; that the organization was unable to pay the required $75.00 fee to initiate zone change procedures; that there were apparently three other churches in the area within the same zoning district; that to his knowledge there had been no complaints issued as to there meeting at that particular address. The Council raised the question as to whether or not they had the authority to initiate a zone case before the Z.B.A.; City Attorney Ross requested permission to respond at a later date allowing him to research this question. Following additional discussion, motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to hold this matter until the City Attorney looked into the legality of the situation to determine what alternatives the Council has in resolving the situation. Motion carried: Mayor West, Mayor Pro Tem Henry,,. Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. ; 78-37-283-793 Mr. John Kreiger, Chairman of the Transit Advisory Board will appear to recommend the (9) submission of applications and contracts for section 3 and section 5, Capital Assistance Grants under the Urban Mass Transportation Act of 1964,as amended. 1284 SEP 14 1978 Mr. Kreiger, Chairman of the Transit Advisory Board, appeared before the Council reading from a prepared statement reflecting that the requested applications would be prepared and submitted at no expense to the City; that it would provide increased revenue through additional charter service; that Section 3 of the Capital Assistance application is for the purpose of renovating the Ford dealership building across the street from City Hall allowing closer proximity to the equipment and would allow for closer supervision; that Section 5 of the proposed application is for the replacement of 16 old buses referred to as "junkers"; that if the application was Ii accepted by UMTA, the Board would then again reappear before the Council for approval to I purchase referenced buses; that the primary use of the buses would be for the Texas Tech campus; that new buses would have from 39 to 45 passenger capacity; that it would permit increased charter service for the community. Following discussion, the motion was made by Councilman Aderton, seconded by Councilman McAlister to permit the Transit Advisory Board to prepare and submit the proposed application. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 78-37-284-794 Dr. George Meena han, Chairman of the Electric Utility Board, appeared to present recommendations (10) regarding reserves for capital_ system improvements. Mayor Pro Tem Henry presided. Dr. Meenaghn indicated that a study had been conducted by members of the Board with respect to the various aspects of the budget and the electric rates. As the result of this study, the Board submitted four options: Option 1 Eliminate entirely the 8% portion of the formula applied to the capital fuel, capital cost, capital adjustment, returning savings to customer. Effect: It would require tax rate increase up about 4t; would reduce LP&L revenue about 1.1 million dollars; would reduce Southwestern Public Service revenue about 1.6 million dollars all of which would be retained in the local economy after taxes; and LP&L would forfeit the beginning of a capital improvements fund. Option 2_ Reduce the fuel cost adjustment by 4 leaving the tax rate at 1.12, returning savings to customer. Effect: General Fund would approximately break even; LP&L would forfeit the beginning of a capital improvements fund; revenue to Southwestern Public Service would be reduced to approximately $800,000.00 all of which would remain in the Lubbock economy after taxes. Option 3 Continue to bill customers for the full value of the capital fuel, capital cost, capital adjustment, or any portion thereof, but deleting that portion of the formula applied to the fuel cost adjustment or a portion thereof when figuring transfer to general fund. Effect: Any portion above 4% withheld from general fund would require tax increase equal to $145,800.00 per percentage; LP&L would be able to begin a capital improvements retainage fund equal to about $145,800.00 per percentage retained; both LP&L and Southwestern Public Service would continue to be billed for fuel cost adjustment as in the past. Option 4 Reduce the fuel cost adjustment charged to the customers by 3% allowing LP&L to retain 1%, and continue collecting the other 4% for transferring to general fund. Effect: LP&L could begin a capital improvements fund, approximately $145,800.00; customers will get a 3% reduction in the fuel cost adjustment program of their bill; the general fund would break even on the adjustment period. Dr. Meenaghn indicated that the Board recommended option number 4 for Council consideration. SEP ' 4 1978 284-A r F F RESOLUTION Resolution authorizing the filing of an application with the Department of Transportatior United States of America, for a Grant to assist in Financing Transit Capital Acquistions under Sections of the Urban Mass Transportation Act of 1964, as amended. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transport- ation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share•of the project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964 as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Acts of 1964 and the U.S. Department of Transportation requirements there under; 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 procedure shall be established and administered to ensure that minority businesses shall have the maxi- mum feasbile opportunity to compete for contracts when procuring construction contracts, supplies, equupment contract, or consultants and other services, NOW THEREFORE BE IT RESOLVDD BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the Mayor is authorized to execute and file an application on behalf of the City of Lubbock with the U.S. Department -of Transportation, to aid in the financing of the replacement of 16 buses. 2. That the Mayor is authorized to execute and file with -such application an assurance or any other document requirements by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That the City Transit Coordinator is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application or the project. 4. That the Mayor is authorized to set forth and execute affirmative minority business policies in connection with the projects procurement needs. 5. That the Mayor of the City of Lubbock is authorized and directed to execute all necessary contracts and documents required by said grant upon its being approved and awarded to the City of Lubbock under the Urban Mass Transportation Act of 1964, as amended. Passed by the City Council this 14th day of September, 1978 ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney /s/ Dirk West MAYOR RESOLUTION Resolution authorizing the filing of an application with the Department of Transportatioi United States of America, for a Grant to assist in Financing Transit Capital Acquisitions undo Section 3 of the Urban Mass Transportation Act of 1964 as amended. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transpor- tation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of the project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of.the Civil Rights Acts of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant given an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements there under; and NMI SEp 14 1979 WHEREAS, it is the goal of the Applicant that minority business enterprisesbe utilized to the fullest extent possible in connection with this project, and that definitive prodecures shail'be established and administered to ensure that minoruty businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contract, or consultants and other services; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the Mayor is authorized to execute and file an application on behalf of the City of Lubbock with the U.S. Department of Transportation to aid in the financing of the purchase, rennovation and quipping of a facility to serve as a.transit administrative/operations/maintenenace center the development of a downtown information and transfer center; the development of a management information system; and the purchase of two vans, for support vehicles, one maintenance vehicle, seven fareboxes and related equipment, and bus stop shelters, benches, and signs. 2. That the Mayor is authorized to execute and file with such appliaation as assurance or any other document requirements by the U.S. Department of Transportation effectuating the purposes of Title Vi of the Civil Rights Acts of 1964. 3. That the City Transit Coordinator is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application or the project. 4. That the Mayor of the City of Lubbock is authorized and directed to execute all necessary contracts and documents required by said grant upon its being approved and awarded to the City of Lubbock under the Urban Mass Transportation Act of 1964, as amended Passed by the City Council this 14th day of September, 1978. ATTEST: /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED AS TO FORM: s/ John C Ross Jr City Attorney _Jsf_Dirk West MAYOR El I S E P 14 1978 A85 Points of discussion: Councilman McAlister indicated he had some reservations about the establishment of a capital reserve fund; that he felt there was a need to establish a study committee to determine the future of LP&L; Dr. Meenaghn replied that the Board would welcome a study committee but did stipulate that the committee should be required to peruse past reports and read the history of the utility company. Councilman Aderton inquired whether or not they had discussed with Southwestern Public Service the effect of such a budget cut. Dr. Meenaghn replied that they had not contacted Southwestern Public Service. It seemed the consensus of the Council that there would be an immediate request for a rate increase should such option be implemented. Councilman Aderton indicated that he felt that the tax rate could be left a $1.12 and to leave the fuel cost adjustment as it presently exists. He then moved there be no change in the fuel cost adjustment with the $600,000.00 going into the general fund as it had in the past, thus reducing the amount of revenue sharing funds to be used in the operation of the City for the next fiscal year. Motion died for lack of a second. Bob Green, member of the Lubbock Property Owner's Association, requested to speak before the Council. Permission being granted, he directed his comments to the effect that he was in agreement with Councilman McAlister in that a study committee should be appointed to determine whether or not LP&L is a legitimate business and capable of standing on its own feet; that any excess money coming to the City from LP&L revenue should be given back to the propert3 tax payers inasmuch as they are carrying the bulk of the tax load; he again requestedthe Council to reduce the tax rate in accordance to any additional money that has been accrued. Following discussion motion was made by Councilwoman Jordan, seconded by Councilman McAlister to accept the recommendation of the Electric Utility Board, that of option 4 listed above. Motion carried: Mayor Pro Tem Henry, Councilman Aderton, Jordan and McAlister voting Yea; none voting Nay. Mayor West abstained. At this point Councilman McAlister again indicated the need of establishing a study committee' that the committee should be comprised of nine members; that the Council should specify the factors for them to consider in their deliberations as to the future of LP&L; whether or not the company should be operated separately or as a part of the City operation as it currently is doing; that they should take into consideration past reports of studies and the history of the utility company. At this point Mayor Pro Tem Henry requested the City Attorney's opinion as to the discussion at this point inasmuch as it was not posted as an agenda item. Upon recommendation of City Attorney Ross, Councilman McAlister requested that the item be placed on the September 28, 1978 agenda for Council consideration. The changes in the reserves as recommended by the Electric Utility Board, and adopted by the City Council will affect the budget of LP&L and the general fund as follows: Approved Reserve for LP&L = $141,430 The transfer to the General Fund by LP&L has been reduced by $603,115. SEP 3 4 1979 78-37-286-795 (11) 78-37-286-796 (12) 78-37-286-797 (13) 78-37-286-798 (14) 78-37-286-799 (15) Mr. Al James appeared to request that a recent bid submitted by his firm be changed. Mr. James was not in the Council Chambers at the appointed time of 10:30 a.m., and did not ap when called on three different periods of time throughout the course of the day. Therefore, the Council instructed the Director of Purchasing, Floyd Nesbitt, to contact Mr. James to the effect that due to his lack of appearance, the bid previously approved would stand in effect. Ordinance No. 7692 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: THE ALLEY BETWEEN I LOTS 1 AND 2, BLOCK 17, GUADALUPE ADDITION TO -THE -CITY OF LUBBOC-K, 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 City of Lubbock; that the present alley is a T all and a new alley is being sec replace the "T" alley. - • _..._ Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass referenced ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea;,none voting Nay. Resolution authorizing the Mayor to execute a quit claim deed to owner. RFS01 11TinN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of the Urban Renewal Agency of the City of Lubbock, Texas, a body politic and corporate, 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. 11 Passed by the City Council this 14th day of September, 1978. /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO FROM: /s/ John C. Ross Jr. City Attorney r Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Ordinance No. 7715 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2192; CHANGE LOT 6, BLOCK L, BURLESON AND OSBORN HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 ZONING DISTRICT; PROVIDING A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVID- ING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance to change Lot 6, Block 1, Burleson and Osborn Heights Addition, City of Lubbock Lubbock County, Texas, from C-3 to C- Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Ordinance No. 7716 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. 2198; CHANGE LOTS 1 THROUGH 5, BLOCK 1, MURPHY PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO C-2 ZONING DIS- TRICT; CHANGE LOTS 7 THROUGH 14, BLOCK 1, MURPHY PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM TO C-2 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance to chan Lubbock Count , T Place Addition. C ge Lots 1-5, Block 1 exas. from "C4" to " of Lubbock, Lu rphy Place Addition, City of _Lubbock and change Lots 714, Block 1 Murphy County, Texas from "AM" to "C2 -• S E P z 4 1978 087 78-37-287-800 (16) 78-37-287-801 (17) 78-37-287-80 (18) 78-37-287-803 (19) 78-37-287-804 (20) Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Ordinance No. 7717 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2199; CHANGE A TRACT OF LAND OUT OF., SECTION 25, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO C-2 PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE, PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. Ordinance to change a tract of land out of Section 25, Block E2, City of Lubbock, Lubbock County, Texas, from "T" to "C2". Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Ordinance No. 7718 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7616 OF THE CITY OF LUBBOCK, WHICH AUTHORIZED A SPECIAL USE PERMIT IN ZONE CASE NO. 1750-B; ZONE CASE NO. 1750-C; LOT 6 AND THE WEST ONE- HALF OF LOT 7, BLOCK 2, SOUTHWEST HAVEN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY: AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; AND PROVIDING FOR PUBLICATION. Ordinance to change Lots 6 and the west one-half of Lot 7, Block texas to amens site plan. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Ordinance No. 7719 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1875-E; CHANGE A TRACT OF LAND OUT OF LOT 7, COMMANERS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUTOOF LOT 7, COMMANDERS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance to change part of Lot 7, Commander's Addition, City of Lubbock, Lubbock County, Texas from "R-1" to "R-2" and from "R-2" to "R-1" . Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Ordinance No. 7714 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2191; CHANGE TWO TRACTS OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE TWO TRACTS OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY,. TEXAS, FROM R-1 TO C-3 ZONING DISTRICT; CHANGE TWO TRACTS OF LAND OUT OF SECTION 9, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance to change a tract of land out of Section 9, Block J-S, City of Lubbock, Lubbock County, Texas, from "R-1", "A-1" and "C-3" Zoning District. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Ordinance No. 7720 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1345-A; CHANGE LOTS 1 AND 2, BLOCK i. 1, RHOADES HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-3 ZONING DISTRICT; CHANGE LOT 101, WINNEWOOO ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-3 ZONING DISTRICT; CHANGE LOT 2 AND THE SOUTH 20 FEET OF LOT 3, WINNEWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-3 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance to thane Lots 1 and 2, Block 1, Rhoades Heights Addition, and Lot 101, Lot 2, and the south 20 of Lot 3, Winnewood Addition, City of Lubbock, Lubbock Count , Texas from "R-1' and 'C-2' to "C-3" . 288 SEP } 1 1978 Motion was made by Councilwoman Jordan seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and Jordan voting Yea; Councilwoman Jordan voting May. 78-37-288-805 Ordinance No. 7721 (21) AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SEPCIFIC USE PERMIT, TO WIT: ZONE CASE NO. 1865-F; CHANGE A TRACT OF LAND OUT OF SECTION 7, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO AM SPECIFIC USE PERMIT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance for a specific use zone change, from "R-2" to "AM" Specific Use Permit under provisions of Section 22.3-20-3 of the Zoning Ordinance for professional offices on a tract of land out of Section 7, Block E-2, City of Lubbock, Lubbock County, Texas. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinanc on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 78-37-288-806 Ordinance No. 7722 (22) 78-37-288-807 (23) 78-37-288-808 (24) 78-37-288-809 (25) AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY AMENDING THE REAR YARD AND SIDE YARD SEPARATIONS BETWEEN A-1 OR A-2 ZONED PROPERTY AND R-1 OR R-2 ZONED PROPERTY, AS APPLIED TO TWO-STORY STRUCTURES PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; AND PROVIDING FOR PUBLICATION. Ordinance to revise Zoning Ordina and rear yard setbacks in the "A- nce No. 7084 involving side and I" and "A-2" Districts. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Ordinance No. 7723 AN ORDINANCE AMENDING ORDINANCE NO. 7084-OF THE CITY OF LUBBOCK, BEING THE ZONING CODE; BY ADDING A CHAPTER 22A TO SAID CODE, BEING TITLED "HISTORICAL PRESERVATION AND URBAN DESIGN DISTRICT", CONTAINING A PURPOSE STATEMENT, DEFINITIONS, DECLARATION OF POLICY, DESIGNATION OF HISTORIC LANDMARKS AND HISTORIC LANDMARK DISTRICTS, CRITERIA FOR HISTORIC LANDMARK DESIGNATION CREATING AN URBAN DESIGN AND HISTORIC PRESERVATION COMMISSION, PROVIDING ADMINISTRATIVE RULES FOR SAID COMMISSION, SETTING STANDARDS FOR ALTERATIONS AND CHANGES OF BUILDINGS AND LANDSCAP- ING IN DSAID DISTRICT, CERTIFICATE- OF APPROPRIATENESS, EXAMPTION FOR ORDINARY REPAIRS AND MAIN- TENANCE, APPEAL FROM SUCH STANDRARDS, STANDARDS FOR DEMOLITION OR -REMOVAL OF HISTORIC LANDMARKS CREATION OF MORATORIUMS DURING PENDENCY OF CONSIDERATION OF A BUILDING OR STRUCTURE AS A HISTORIC LANDMARK OR AS PART OF A HISTORIC LANDMARK DISTRICT, AND PROHIBITION OF NECESSARY REPAIRS: PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. Ordinance to amend Zoning Ordinance No. 7084 adding a chapter 22A titled Historical Preservation and Urban Design District. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Aderton, Jordan and McAlister voting Yea; none voting Nay. to pass said ordinance Henry, Councilmen „ Ordinance No. 7725 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF UTILITY EASEMENT LOCATED IN GREENBRIER ADDITION TO THE CITY OF LUBBOCK AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFELCT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. Ordinance to abandon and close the east 87.0' of a 20.0 easement'in the south 20.0' of "F", Greenbrier Addition utility as revised. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Resolution authorizing the Mayor to execute a Quit Claim Deed to owner. SEP 14 1978 78-37-289-810 (26) 78-37-289-811 (27) 78-37-289-812 (28) 1 b e Cd RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of RON BAILEY and Wife, BETTY BAILEY 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 14th day of September, 1978. Is/ Dirk West DIRK WEST MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary APPROVED AS TO FROM: /s/ John C. Ross Jr. City Attorney y Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Ordinance No. 7726 AN ORDINANCE AMENDING SECTION 15-98 OF ARTICLE X, ENTITLED "MASSAGE PARLORS", OF CHAPTER 15, CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADDING CONVICTIONS OF SPECIFIED CRIMINAL OFFENSES AS GROUNDS FOR PERMIT DENIAL; PROVIDING FOR APPEAL; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance amending Section 15-98 of Article X entitled "Massa Parlors" of Chapter 15 by adding conviction as specified that criminal offenses is 2round for permit denial and reflecting appeal procedure. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Ordinance No. 7727 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 14-7.2 THEREOF PROVIDING FOR CHARGES FOR EXTRA GARBAGE PICKUPS; AMENDING SECTION 14-7.3 PROVIDING FOR CHARGES FOR SCHEDULED GARBAGE PICKUPS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance amending commercial garbage rates. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Public hearing on Revenue Sharing Budget for 1978-79 In accordance with the Notice of the City Council Hearing filed with the City Secretary on September 6, 1978, the second of the required hearings on this matter was held at this time. There being no proponents or opponents in this matter, Mayor West announced the hearing closed. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to accept the recommendation of City Manager Larry Cunningham of proposed uses of federal revenue sharing funds, listed below. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton Jordan and McAlister voting Yea; none voting Nay. WATER DISTRIBUTION System Construction $152,201 20" main in Frankford from 41st Street to 48th Street. $ 20,051 16" main in 66th Street east of Frankford Metering & Customer Service $ 22,565 (8) 6" meters (8) 8" meters WATER TREATMENT Water Reclamation $ 25,000 Replace mechanically raked bar screen at S.E. Plant 290 SEP 141978 Water Treatment $ 12,000 Hoist System at Water Treatment Plant SANITATION Residential Collection $200,000 modification of landfill to meet F.A.A. requirements STREETS Paved Streets $335,000 - Annual Paving Program PARKS & RECREATION Parks Maintenance $ 4,000 - Water cannon and pump $ 4,375 - Conference room chairs Park Development $ 70,000 - Wheelock School Park $ 83,525 - Softball Complex COMMUNITY RELATIONS $ 3,500 - Traffic Safety films TRAFFIC ENGINEERING Traffic Control $ 25,000 - Signal at Quirt Ave. and FM 2641 MANAGEMENT INFORMATION SYSTEM Data Processing $119,085 - Level 6 computer terminals $ 32,500 - Optical character reader FIRE Administration $150,000 - update of radio system POLICE $ 8,766 - I.D. Badge Holders Service & Budget $ 3,200 - Briefing room furniture $ 53,000 - upgrade of radio system Training $ 6,000 - Parking Lot repair $ 1,900 - air conditioner ref. air and fencing at Academy HEALTH Clinical Programs $ 15,000 - remodeling for Well Baby Clinic LIBRARY Public Services $ 20,000 - Collection enrichment at Godeke Branch CEMETERY Cemetery $120,000 - Expansion of irrigation system RAPE CRISIS CENTER $ 3,955 - Operational support 3-1-79 to 2-28-80 BUILDING MAINTENANCE $ 4,743 - re -roof City Hall TAX Assessment and Appraisal $ 37,425 - re -roof Tax Building GENERAL FUND $1,000,000 - Purchase various capital items budget in 1978-79 Budget for Fire, Police, and other departments 78-37-290-813 Public hearing on Yellowhouse Canyon Annexation matter (29) In accordance with the Notice of City Council Hearing being published August 30, 1978, hearing was held on this referenced matter. *Publication affidavit on page 290A. Appearances: Mr. Jim Bertram, Director of Planning 290A I 78-37-290-813 (29) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Zuella Wheeler a Notary Public in and for Lubbock County, Texas on this day personally appeared Norman L. Williamson of Publication Service Company, publishers of the West Texas Times, weekly newspaper, who being by me duly sworn did depose and say that said newspaper has been published continuously for mroe than fifty-two weeks prior to the first insertion of this Notice of Public Hearin No. at Lubbock County, Texas and the attached printed copy of the notice is a true copy of the original and was printed in the West Texas Times on the following dates: Aug.30, 1978 �** f WEST TEXAS TIMES Publication Service Company Subscribed and sworn to before me this 20 day of Sept. , l g __. _ 78 7ZUELLA WHEELER ('7 Notary Public in and for Lubbock County, Texas My Commission Expires June 1, 1979 Wednesday, August 30,1978 NOTICE OF PUBIC HEARING 7 NOTICE is hereby/ given that on September 14, 1978 at 1:30 p.m. in the City Council Chamber on the second floor of the City Hall, Lubbock, Texas, there will be held by the Lubbock City Council a public hearing on the annexation limits of the City of Lubbock, Texas, such area described in metes and bounds, to -wit: BEGINNING at a point in the present City Limits line, as established by City of Lubbock Ordinance No. 2544, said point being 841 feet more or less, west of the southwest comer of Section 10, Block ,•S"; THENCE north approximately 2540 feet, more or less, to a point 841 feet, more or less, west of the northwest comer of the southwest one -quarter of Section 10, Block "S"; THENCE east approximately 2490 feet, more or less, to a point which is 991 feet, more or less, west of the northeast comer of the southwest one -quarter of Section 10, Block ,.S,., THENCE, south approximately 2640 feet to a point which is 991 feet, more or less, west of the soudmst comer of the southwest one -quarter of Section 10, Block "S"; THENCE west approximately 2490 feet, more or less, along the south line of Section 10, Block "S", and Section 1, Block "S" to the point of beginning. Contains 151 acres, more or less. I hereby certify that this notice was published in the West Texas Times on August 30, 1978. Evelyn Gaffga City Secretary -Treasurer SEP 14 1916 �1 Mr. Bertram presented the site plan of the area that was involved; indicated that the area was currently used as a dump ground; that there was no guaranteed that the City would be able to supply an improved water system inasmuch as there was in existence a private water system and the City would need the approval of the Public Utility Commission to provide this service;; that there would be cost involved in providing services to the annexed area to wit: an additional five men on the Police Department with five cars, street maintenance, sanitation maintenance and miscellaneous other services to the total of $112,625.00; that the Planning Commission did feel that it would probably cost less to annexed the area at this time than it would five to ten years from now; that annexing the area would provide the incentive of the property owners to upgrade the standards and quality of their property; that they would have the provisions of the various ordinances for enforcement of health, sanitation and other needs; that it was the Planning Commission's recommendation to annexed this area. Appearance: Mr. Robert Gibson on behalf of the Yellowhouse Addition Mr. Gibson requested the Council's approval of annexation as it would give the residents an opportunity for progress and that they took great pride in their property and they were encountering problems with respect to dumping by outside influences; that they had confiden ce the area would be productive after being annexed; that they were in need of fire and police protection; that they were in need of enforcement of health standards; that of the 72 families living in the area, 40 of them were in favor of annexation. Appearance: Mrs. Willie Washington Mr. Ruben Caro Mr. Willie Stuart Mr. James Morrison These citizens of the Yellowhouse Canyon Addition addressed their remarks in support of that of Mr. Gibson; that although they understood there was no guarantee as for better quality of water system, annexation would provide them with other benefits of which they were in need. At this point Mr. Gibson submitted a report reflecting that the citizens had formed an organization; had held a meeting July 31, 1978; had appointed various members to committees covering various problems of their residential area. Mr. Bertram also indicated at this point that possibly the use of Community Development funds could be implemented following the revision of the Community Development Plan that this area was in need of rehabilitation. Following all discussion, the motion was made by Mayor Pro Tem Henry, seconded by Councilwomap Jordan granting the request of the Yellowhouse Canyon Addition residents to be annexed into the City of Lubbock, and instructing the staff members to prepare the appropriate ordinance to cover same. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 78-37-291-814 Ordinance No. 7724 (30) AN ORDINANCE REPEALING ONE-WAY ALLEY TRAFFIC ORDINANCE NO. 7172, AUTHORIZING REMOVAL OF ONE-WAY TRAFFIC SINGS, ESTABLISHING TWO-WAY TRAFFIC ON THE EAST -WEST ALLEY LYING NORTH AND ABUTTING LOTS 603 THROUGH 615; CAPROCK ADDITION AS DESCRIBED IN THE BODY OF THIS ORDINANCE, PROVIDING A PENALTY AND FOR PUBLICATION HEREOF, PROVIDING A SAVINGS CLAUSE, AND DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND CUMULATIVE. Amendment to ordinance designating alley behind Parsons Elementary School as one-way Discussion in regard to this matter continued with respect to the paving problem and various alternatives to resolve the high dust situation. Mayor Pro Tem Henry suggested that the Mayor contact the officials of the School Board with respect to their cooperation in paving all or part of the alley. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton,Jordan and McAlister voting Yea; none voting Nay. 78-37-291-815 Approval of the price and conditions for the sale of Parcel 5E61A in the Lubbock NDP (31) Urban Renewal Area. (Redeveloper is John G. Morin et ux for the price of 1,900.00 for a single family residence. 78-37-291-816 Approval on the price -and -conditions for the sale of Parcel 130801514 in the Communi (32) Development, Second Action. Redeve o er is Raul Se eda for the sum of 6,800.00 s family residence. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced sales. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. I 78-37-291-817 Use of First, Second and Third Year Community Development Contingency Fends to cover various (33) cost for paving, utility relocations.,_ and water improvements. Motion made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve above item. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 292 SEIP 78-37-292-8I8 (34) 78-37-292-819 (35) 78-37-292-820 (36) Resolution accepting the ap the staff to make an offer. )raisal of the Wesle is t and authorizin Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT two appraisals have been made with respect to proposed site PARK-WAY-GUADALIPE Neighborhood Center owned at present by Wesley United Methodist Church, said proposed site being described as follows: LEGAL DESCRITPION Tract C of Mackenzie Manors Addition, an addition to the City of Lubbock, Lubbock County, Texas. SAID appraisals indicated a fair market value for said parcel of land of $62,800.00, and said amount is hereby approved and determined as the fair market value thereof for acquistiion purposes for the purposes of'a neighborhood center, and is to purchased with Community Development funding from the'United States Government. SECTION 2. THAT in accordance with its contract with the City of Lubbock, the Urban -Renewal Agency of the City of Lubbock (as the agent for the City of Lubbock) is hereby authorized to offer said Wesley United Methodist Church the sum of $20,000.00 for the purchase of said land for Canyon Lakes Project public municipal purposes. Passed by the City Council this 14th day of September, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaff a City Secretary APPROVED AS TO FORM: /s/ John C. Ross Jr City Attorney City Manager Larry Cunningham raised the question of whether the Council would approve the Parkway/Guadalupe Neighborhood Center paying the difference between the asking price of $65,000.00 and appraised price of $62,800.00 if they wished to do so in order to acquire the property, and that there would be no deed restrictions in this regard. Consensus of Council indicated that the Neighborhood Center would be permitted to pay this difference if they had the funds. Allocation of $20,000 from the Community Develo a renovation of Mae Simmons Senior Citizens Center. 4th Year Conti ncy Fund for the Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve said allocation. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Allocation of $45,000 from the Community Devel of rock water inlets in Lakes 2 and 6 of the t 4th Year Co whouse Canyon tingency Fund for the construct S. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to approve said allocation. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 78-37-292-821 Authorization of final payment to Kerr Construction of the 1978-Street Maintenance Program (37) JGWO 3211 78-37-292-822 Resolution accepting avin improvements on Compress Avenue constructed by Kerr Construction (38) CompanyF.R.S. 4068). _ - 14 r 78-37-293-823 (39) �o co N m .. raCT,00 Cd"o-_ OM CV N 0Ca-4 W r.{ N CO �z4tz* �4 P 100 W M p o A. omen0s+ 000. 44 c� Q U RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, the City of Lubbock passed a resolution authorizing the construction of street im- provements by Kerr Construction Company, F. R. S. 4068, on a portion of the following street: Compress Ave. from East 19th Street, to 900.00 feet North of East 19th Street known and designated as sub unit number 3 of unit number 1921. WHEREAS, the improvements upon the said portion of the abovementioned street has been in- spected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS I. 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. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 1978 ATTEST: /s/ Evelyn Gaffga City Secretary /s/ Wilford D. Watson City Engineer Resolution accepting avin improvements const on the 1978 Assessment Pavinq Proqram G.W.O. RESOLUTION /s/ Dirk West MAYOR APPROVED: John C Ross Jr City Attorney W. D. Turner Construction reets. RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with W. D. Turner Construction Company (G. W. 0. 10,945 Streets) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: The South half of 78th Street from its intersection with a line 8.00 feet East of the East property line of University Avenue to its inter- section with the West property line of the alley East of University Avenue known and designated as Sub -Unit Number 12 of Unit Number 2235. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G. W. 0. 10,956 - Streets THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby author- ized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby authorized to execute and deliver certificates in evidence of the assessments against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 1978. ATTEST: /C. / C\IA i .1n r`—p-r— /s/ Dirk West MAYOR A2 %0j4 SEP j. 4 A978 78-37-294-824 (40) APPROVED: s Wilford D. Watson City Engineer Resolution acceptinq pi vinq improvements constructed RESOLUTION APPROVED: /s/ John C Ross Jr City Attorney Lubbock Asphalt Products on the RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE'OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvements ordinances and resolutions and entered into contract with Lubbock Asphalt Products, Inc. (G.W.O. 10945 - Alleys) for the making and construction of street and/ or alley improvements on portions of numerours alleys, streets and/or avenues in said City including among others the following: The East-West alley between 79th Street and 80th Street from its intersection with the East property line of Flint Avenue to its intersection with the West property line of Elgin Avenue known and designated as Sub -Unit Number 58 of Unit NumberA-460 The East-West alley between 24th Street -and 25th Street from its intersection with the East property line of Elgin Avenue to its intersection with the West property line of Canton Avenue known and designated as Sub -Unit Number 60 of Unit Number 'A-460 The North -South alley between Kenosha Avenue and Knoxville Avenue from its intersection with the East property line of Kenosha Drive to,its intersection with the North property line of 81st Street known and designated as Sub -Unit Number 62 of Unit Number A-460 The North -South alley between Slide Road and York Avenue from its intersection with the South property line of the alley North of I8th Place to its intersection with the North property line of 19th Street known and designated as Sub -Unit Number 65 of Unit Number A-460. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,945 - Alleys. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: That the improvements on said portions of the abovementioned alleys, streets. and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be and they are hereby instructed to execute and de- liver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and a- gainst the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its pasage. PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 1978. ATTEST: /s/ Evelyn Gaffga City Secretary APPROVED: /s/ Wilford D. Watson City Engineer /s/ Dirk West MAYOR APPROVED: John C. Ross Jr. City Attorney Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve final payment to Kerr Construction and to pass said resolutions referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. *Ep 1 295 78-37-295-825 (41) 78-37-295-826 (42) 78-37-295-827 (43) Resolution accepting street Construction Company on the improvements constructed by Commercial Concrete RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvements ordinances and resolutions and entered into contract with Commercial Concrete Construction Company (G.W.O. 10,922) for the naking and construction of street and/or alley improvements on portionss of numerours alleys, streets, and/or avenues in said City including among other the following: 79th Street from its intersection with a line 30.00 feet West of the East Property Line of Elgin Avenue to its intersection with a line 16.00 feet East of East Property Line of Boston Avenue known and designated as Sub -Unit Number 86 of Unit Number 2229. East one-half of Elgin Avenue from its intersection with a Iine 15.00 feet South of South Property Line of 78th Street to its intersection with a line 15.00 feet North of North'Property line of 79th Street known and designated as Sub -Unit Number 87 of Unit Number 2229. Locust Avenue from its intersection with the South Lip Line of 34th Street to its intersection with a line 18.00 feet South of South Property Line of 36th Street (West Leg) known and designated as Sub - Unit Number 2 of Unit Number 2232. AND WHEREAS, the improvements on said portions of the abovementioned alleys, streets, and/or avenues, have been inspected and found to have beeh-constructed in accordance with terms of said contract .G-.W:O. -100022. r THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby auth- orized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be and they are hereby instructed to execute and de- liver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and a- gainst the owners of such property in accordance with law and in the manner provided in said contract, and the proveedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 1978. ATTEST: /s Evelyn Gaff a City Secretary APPROVED s Wilford D. Watson City Engineer /s/ Dirk West MAYOR APPROVED John C. Ross Jr City Attorney Change Order #1 to W. D. Turner Construction Company on G.W.O. 10,945 on Indiana Avenue from 63rd to 64-th street. Appropriation Ordinance from Street Improvement Fund for City's part on Indiana Avenue from 63rd to 64th Street. Council was requested to table these items until later meeting inasmuch as they were not quite ready for Council consideration. SEP 14 1979 78-37-296-828 (44) Acceptance of seven Deep Well Turbine Pumps and Motors and authorizing final payment to �) the contractor. 78-37-296-829 Acceptance of Miscellaneous Water and Sewer Extensions and approving final payment to the (45) contractor. „ Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve above referenced items. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 78-37-296-830 Ordinance No. 7729 (46) AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: The sum $ 49,843.06 Water Capital Funds For the following purpose: Miscellaneous water lines ahead of 1978 Assessment Paving Program Bid $45,606.66 City`s Cost 1,500.00 Engineering & Contengencies 2,736.40 $49,843.06 Appropriation Ordinance from Water Capital Fund in the amount of $49,843.06 for lines ahead of 1978 Assessment Paving Program. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 78-37-296-831 Ordinance No. 7730 (47) AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: The sum $ 8,599.46 Sanitary Sewer Capital Project For the following purpose: Sewer lines ahead of 1978 Assessment Paving Program Bid $7,985.34 Manhole Adjustment . 135.00 Engineering & Contengencies 479.12 8,599.46 ro riation Ordinance from Sanitary Sewer Capital Project Fund in the amount of $8,599.46 lines ahead of 1978 Assessment Pavino Program. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 78-37-296-832 Authorization of Notice to Bidders for sewer lift station on West 34th Street. (48) 78-37-296.833 Authorization of Notice to Bidders for repair of water supply line on Quaker Avenue at (49) LowHea B Station. 78-37-296-834 Authorization of Notice to Bidders for construction of well collector Iines in Sandhills (50) We771 e Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve above referenced authorization. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. SEP 14 1978 78-37-297-835 Ordinance No. 7731 (51) AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A PORTION OF AVENUE P LYING BETWEEN SWEATT ADDITION AND KEYSTONE FLEMING ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECT- ING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING. AND ABANDONMENT OF THAT CERTAIN STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBCLI- AIION. 78-37-297-835 (52) 78-37-297-837 (53) 78-37-297-838 (54) Ordinance to abandon and close a portion of Avenue P, between Sweatt Addition and Keystone Fleming Addition. Mr. Norton Baker, attorney representing the property owners, appeared and indicated thatthat portion of Avenue P had never been open and would probably would never be open; that they were now in the process of negotiating a rather large realty transaction and requested the Council's favorable decision. A response from Mayor West was that there were no opponents to this matter and there should be no problem. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. Ordinance No. 7732 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: SANITARY SEWER CAPTIAL IMPROVEMENTS BOND FUND The sum $ 10,000.00 For the following purpose: Acquisition of land for water reclamation project. Appropriation ordinance for the purpose of ac protect Sanitary Sewer Capital Improvement B isition of land for water d Fund . Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance's on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Ordinance No. 7733 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION OF ALLEY.: IN KEETON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DES- i CRIBED 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 NND PROVIDING FOR PUBLICATION. Ordinance to abandon and close the 20.00 foot alley in Keeton Addition. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Resolution making a formal offer, and, authorizing condemnation proceedings if not accepted, to Earvin Butler in the amount of 50.00 for a parcel of land out of Lot 15,.Block 9, Phyllis Wheat ev Addition. -- -- • -•__ RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation,improvement, expansion, extension, construction, re- construction, repair and maintenance of elcetrical transmission and distribution lines, poles, braces, and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operationof the public electrcial utility system owned and operated by the City of Lubbock, Texas, which requires the acquistion of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: 11 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SEP 14 1978 78-37-298-839 (55) SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, a- long, and across the hereinafter described real estate located in the City of Lubbock County Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land out of Lot 1, Block 9, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Northeast corner of said Lot 1, Block 9, Phyllis Wheatley Addition; THENCE South, along the East line of said Lot 1, a distance of 4.78 feet to a point; THENCE North 73 deg. 27' West a distance of 3.87 feet to a point; THENCE North 58 deg. 01' West a distance of 19,80 feet to a point in the North line of said Lot 1; THENCE South 71 deg. 37' East, along the North line of said Lot 1, a distance of 21.67 feet to the PLACE OF BEGINNING. Containing 0.002 acres, more or less. SECTION 2. THAT the owners of said land including Earvin Butler, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $50.00 which is the amount appraised as the value and total damage for the acquistion of title to an'easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said Cit of Lubbock is hereby authorized and instructed to institute con- demnation (eminent domain proceedings to acquire the easement title to said land as here- inabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of September, 1978 ATTEST: /s/ Evelyn Gaff a City Secretary APPROVED AS TO FROM: /s/ John C. Ross Jr City Attorney RESOLUTION /s/ Dirk West MAYOR WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation, improvement, expansion, extension, construc- tion, reconstruction, repairm and maintenance of electrical transmission and distribution lines, poles, braces, and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which required the acquisition of title in said City to an easement for such public municipla purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land out of Lot 15, Block 9, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas, being more particulalry described as follows: BEGINNING at the Northwest corner of Lot 15, Block 9, Phyllis Wheatley Addition; THENCE South 71 deg 37' East, along the North line of said Lot 15, a distance of 127.87 feet to a point; THENCE North 73 deg 27' West a distance of 120.64 feet to a point in the West line of said lot 15; THENCE North a distance of 4.07 feet to the PLACE OF BEGINNING. Containing 0.006 acres, more or less. Sep 14 1978 AW r>99 78-37-299-840 (56) M SECTION 2. THAT the owners of said land including John D. Hollins and wife, Ruby Hoili l Be offered through the Right -of -Way Department of the City of Lubbock the amount of $50.00, which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted for- thwith the City Attorney of said City of Lubbock is hereby authorized and instructed to in- stitute condemnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public purposes add municipal purposes. Passed by the City Council this 14th day of September, 1978 ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Resolution making a formal off to Willie Judie and wife. Ida 1 /s/ Dirk West MAYOR 1, authorizing condemnation proceedings if not amount of $100.00 for a parcel of land out c RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation, improvement, expansion, extension, constructiog reconstruction, repair and maintenance of electrical transmission and distribution lines, poles, braces, and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and re- gress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas, to an easement in, upon, over, a- long, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the pre amble hereof, to -wit: A parcel of land out of Lot 1, Block 10, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Northeast corner of Lot 1, Block 10, Phyllis Wheatley Addition; THENCE South, along the East line of said Lot 1, a distance of 4.05 feet to a point; THENCE North 73 deg 27' West 94.24 feet to a point in the North line of said Lot 1; THENCE South 75 deg 56' East, along the North line of said Lot 1, a distance of 95.66 feet to the PLACE OF BEGINNING. Containing 0.004 acres, more or less. SECTION 2. THAT the owners of said land including WILLIE JUDIE AND wife, IDA MAE JUDIE, BE offered through the Righ-of-Way Department of the City of Lubbock the amount of $100.00, which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of September, 1978 ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: Zs/ Dirk West .......__ MAYOR /s/ John C Ross Jr City Attorney SEP 14 1978 78-37-300-841 Resolution making a formal offer, and, authorizing condemnation proceedings if not accepted, (57) to Willie Mae Chandler in amount of $50.00 for a parcel of land out of Lot 11, Block 10, Phvllis Wheatlev Addition. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation, improvement, expansion, extension, construction, reconstruction, repair, and maintenance of electrical transmission and distribution lines, poles, braces, and guy wires and necessary appartus and applicanes in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public municipal purposes together with rights ingress,egress., and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas, to an easement in, upon, over, along, across the herinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for publuc purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land out of Lot 11, Block 10, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Northwest corner of Lot 11, Block 10, Phyllis Wheatley Addition; THENCE South 80 deg 29' East, along the North line of said Lot 11, a distance of 43.01 feet to a point; THENCE North 83 deg 38' West 42.68 feet to a point in the West 1 ine of said Lot 11; THENCE North, along the West line of said Lot 11, a distance of 2.39 feet to the PLACE OF BEGINNING. Containing 0.001 acres. SECTION 2. THAT the owners of said land including WILLIE MAE CHANDLER, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $50.00, which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County; Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as herinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of September, 1978 /s/ Dirk West Mayor Attest: /s/-.Evelyn Gaffga City Secretary -Treasurer APPROVED -AS TO FORM: /s/ John C Ross Jr City Attorney 78-37-300-842 Resolution making. a €eMai effer, and, authori2wi - 4 `condemnation proceedings if not accepted (58) to D. C. Fair, Sr. and D. C. Fair, Jr. in amount o 100.00.for a parcel of land out of Lots 1, 2, 3, and 4, Block 11, Ph ilis Wheatley Addition. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, + Texas, has determined and does hereby determine the public needs, and welfare demands and If creates a public necessity for the operation, improvement, expansion, extension, construction, reconstruction, repair, and maintenance of electrical transmission and distribution lines, poles, braces, and guy wires and necessary apparatus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egrees, and regress in said City to accomplish such purposes; NOW THEREFORE: r L l SEP 14 1978 301 i On BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas, to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land out of Lots 1, 2, 3 and 4, Block 11, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: Beginning at a point 21.88 feet Southeasterly from the North- west corner of Lot 1, Block 11, Phyllis Wheatley Addition, said point being in the North line of said Lot 1; Thence South 89 deg 37' West, across Lots 1 and 2, Block 11, said addition, a distance of 47.22 feet to a point in Lot 2; Thence North 83 deg 38' West, across Lots 2, 3 and 4 of said addition, a distance of 86.91 feet to a point in the North line of said Lot 4; Thence Southeasterly, along the North line of said Block 11, a distance of 133.70 feet to the PLACE OF BEGINNING. Containing 0.008 acres, more or less. SECTION 2. THAT the owners of said land including D. C. Fair, Sr. and D. C. Fair Jr., BE offered through the Right -of -Way Department of the City of Lubbock the amount of $100.00 which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and in- structed to institute condemnation (eminent domain) proceedings to acquire the easement title; to said land as herinabove described for public purposes and municipal purposes. Passed by the City Council this 14th day of September, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaff a City Secretary APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney 78-37-301-843 Resolution making a formal offer, and, authorizing condemnation proceeding if not accepted (59) to Gary Brewer in amount of $50.00 for a parcel of land out of Lot 3, Block 12 Phyllis Wheat ev Addition. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in LubbockCounty, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the opertaion improvement, expansion, extension, construction, reconstruction, repair maintenance of electrical transmisssion and distribution lines, poles, braces, and guy wires and necessary appartus and appliances in connection therwith necessary to the proper operation of the public electrcial utility system owned and operated by the City of Lubbock, Texas, which required the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egrees, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public and municipal purposes as set forth in the preamble hereof towit: 'A parcel of land out Lot 3, Block 12, Phyllis Wheatley Addition, to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Northeast corner of Lot 3, Block 12, Phyllis Wheatley Addition; THENCE South, along the East line of said Lot 3, a distance of 46.4 feet to the Southeast corner of said Lot 3; THENCE West, along the South line of Lot 3, a distance of 2.91 feet to a point; THENCE North 1 deg 45' West across said Lot 3, a distance of 48. 27 feet to a point in the North line of said Lot 3; 302 SEP 14 1978 THENCE Easterly, along the North line of Lot 3, a distance of 4.39 feet to the PLACE OF -BEGINNING. Containing 0.004 acres, more or less. SECTION 2. THAT the owners of said land including GARY BREWER BE offered through the Righ-of-Way Department of the City of Lubbock the amount of $50.00, which is the amount appraised as the value and total damages for the acggisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as herinabove described for public and -municipal purposes. Passed by the City Council this 14th day of September 1978 ATTEST: /s/ Evelyn Gaff a City Secretar Treasurer APPROVED AS TO FORM: /s/ Dirk West Mayor /s/ John C Ross Jr City Attorney 78-37-302-844 Resolution making a formal offer, and, authorizin condemnation (60) roceedin s if not acce ted, to Verlena Hereford in amount of I50.00 for two tracts of land out of Lots 1 and 2 and Lots'4 and 5, Block 12, Ph llis Wheatley Addition. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the opertaion improvement, expansion, extension, construction, reconstruction, repair maintenance of electrical transmisssion and distribution lines, poles, braces, and guy wires and necessary appartus and appliances in connection therwith necessary to the proper operation of the public electrcial utility system owned and operated by the City of Lubbock, Texas, which required the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egrees, and regress in said City to accomplish such purposes; NOW THEREFORE: If BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public and municipal purposes as set forth in the preamble hereof towit: Two tracts of land out of Lots 1 and 2, and Lots 4 and 5. Block 12, Phyllis Wheatley Addition to the City of Lubbock, Lubbock County, Texas, being more particularly describedaas follows: Tract 1 BEGINNING at the Northeast corner of Lot 4, Block 12, Phyllis Wheatley Addition; THENCE South, along the East line of Lots 4 and 5, BLock 12, said addition, a distance of 95.39 feet to a point in the East line of said Lot 5; THENCE North 1 deg 45' West, across said Lots 5 and 4, a distance of 95.46 feet to a point in the North line of Lot 4; THENCE East, along the North line of said Lot 4, a distance of 2.91 feet to the PLACE OF BEGINN-ING. Containing 0.003 acres, more or less. Tract 2 BEGINNING at the Northeast corner of Lot 1, Block 12, Phyllis Wheatley Addition; THENCE South, along the East line of Lots 1 and 2, Block 12, said addition, a distance of 96.8 feet to the Southeast corner of said Lot 2; THENCE Westerly, along the South line of said Lot 2, a distance of 4.39 feet to a point; L THENCE North 1 deg 45' West, across said Lots 2 and 1, a distance of 96.23 feet to a point in the North line of said Lot 1; THENCE North 83 deg 58' East, along the North line of said Lotl. 14 9�8 304L F r" r F r ' Containing 0.013 acres more or less. SECTION 2. THAT the owners of said land including VERLENA HEREFORD, BE offered through the Righ-of-Way Department of the City of Lubbock the amount of $150.00, which is the amount appraised as the value and total damages for the acuqisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as herinabove described for public and municipal purposes. Passed by the City Council this 14th day of September 1978 ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney 78-37-303-845 Resolution making a formal offer, and, authorizi (61) proceedings if not accepted, to Farmers Coo erat in the amount of $2,225.00 for a parcel of land RESOLUTION /s/ Dirk West MAYOR ng condemnation ive Compress out of Section 4, Block B. Mayor WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the opertaion improvement, expansion, extension, construction, reconstruction, repair maintenance of electrical transmisssion and distributio lines, poles, braces, and guy wires and necessary appartus and appliances in connection therwith necessary to the proper operation of the public electrcial utility system owned and operated by the City of Lubbock, Texas, which required the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egrees, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public and municipal purposes as set forth in the preamble hereof towit: A parcel of land out of Section 4, Block B, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point that is South, 1203.4 feet and West 37.5 feet of the Northeast corner of Section 4, Block B, same being the North- east corner of Lot 1, Farmers Cooperative Addition for the Northeast corner and beginning corner of this tract; THENCE South, along the East line of said Lot 1, a distance of 151.6 feet to a point for the Southeast corner of this tract; THENCE West a distance of 16.0 feet to a point for the Southwest corner of this tract; THENCE North a distance of 1510.6 feet to a point for a corner of this tract; THENCE West a distance of 1083.8 feet to a point in the West line of Lot 1, said addition, same being in the East line of Lot 3, Producer's Grain Addition; THENCE North a distance of 5.0 feet to the North Northwest corner of said Lot 1; THENCE East, along the North line of said Lot 1, a distance of 1099.8 feet to the PLACE OF BEGINNING. Containing 0.681 acres of land. 304 SEP SECTION 2. THAT the owners of said land including Farmers Cooperative Compress a Texas Non -Profit Corporation having its principal office and domicile in the City of Lubbock, Lubbock County, Texas, BE offered through the R.O.W. Department of the City of Lubbock the amount of $2,225.00. which is the amount appraised as the value and total damages for the acuqisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public and municipal purposes. 11 Passed by the City Council this 14th day of September 1978 ATTEST: /s Evelyn Gaff a City Secretary -Treasurer APPROVED AS TO FORM: /s[ Dirk West Mayor /s/ John C Ross Jr City Attorney 78-37-304-846 Resolution making a formal offer, and, authorizing condemnation (62) groceedings if not accepted, to Producers Grain Cor oration in amount of $2,313.00 for a parcel of land out of Lot 3, Producers RESOLUTION in Addition. WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock 11 County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the opertaion improvement, expansion, extension, construction reconstruction, repair maintenance of electrical transmisssion and distribution lines, poles, braces, and guy wires and necessary appartus and appliances in connection therewith necessary to the proper operation of the public electrcial utility system owned and operated by the City of Lubbock, Texas, which required the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egrees, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public and municipal purposes as set forth in the preamble hereof towit: A parcel of land out of Lot 3, Producers Grain Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Northeast corner of Lot 3, Prodicers Grain Addition which bears 1137.3 feet West and 1177.3 feet South of the Northeast corner of Section 4; Block B, Lubbock County, Texas; THENCE South, along the East line of said Lot 3, a distance of 31.0 feet to a point; THENCE West, parallel to the North line of said Lot 3, a distanceoof 497.7 feet to a point; THENCE North a distance of 31.00 feet to a point in the North line of said Lot 3; THENCE East, along the North line of said Lot 3, a distance of 497.7 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including Producers Grain Corporation, A Texas non-profit Corporation, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $2,313.09, which is the amount appraised as the value and total damages for the acugisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as herinabove described for public and municipal purposes. Passed by the City Council this 14th day of September 1978 ATTEST: /s/ Evelyn Gaffga 1ty Secretary -Treasurer APPROVED AS TO FORM: /s/ . Dirk West MAYOR r— /s/ John C Ross Jr City Attorney SEP 14 1978 30%r F1 r r r r 78437-395-847 Resolution making a formal offer, and, authorizing condemnation (63) proceedings if not accepted, to Frank Gray and Lubbock Christian College in the amount of 1,753.00 for a- el of land out of Secti B. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the opertaion improvement, expansion, extension, construction, reconstruction, repair maintenance of electrical transmisssion and distribution lines, poles, braces, and guy wires and necessary appartus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the Cit of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, alor and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public and municipal purposes as set forth in the preamble her towit: A parcel of land out of Section 1, Block B, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point that is North 89 deg 36' Test 1027.4 feet and North 1 deg 33' East 137.5 feet from the Southeast corner of Section 1, Block B, said point being in the Northerly right-of-way line of the access road of Loop 289 from F. M. Highway No. 835 (50th Street); THENCE North 1 deg 33' East a distance of 1304.96 feet to a point; THENCE North 60 deg 58' Test 155.1 feet to a point in the North line of the Frank property; THENCE South 89 deg 36' East, along said property line, a distance of 146.08 feet to a point; THENCE South 60 deg 58' East a distance of 69.38 feet to a point; THENCE South 1 deg 33' West 1378.26 feet to a point in the North line of said Loop 289 access road, said point being in a curve; THENCE Northwesterly around the arc of a curve to the right having a radius of 215.0 feet, a chord bearing and distance of North 64 deg 39'40" West 76-.48 feet to the PLACE OF BEGINNING. Containing 2.3368 acres. SECTION 2. THAT the owners of said land including Frank Gray and Lubbock Christian College, a partnership, BE offered through the RightofWayDepartment of the City of Lubbock the amount of $1,753.00, which is the amount appraised as the value and total damages for the acuqisition of title to an easement in said City as hereinabove described for the purposE herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as herinabove described for public and municipal purposes. Passed by the City Council this 14th day of September 1978 ATTEST: /s/ Eve1yn_Gaffga City Secretary APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney /s/ Dirk West MAYOR 306 SEP 1-4 1978 78-37-306-848 Resolution makin_g_a formal offer, and, authorizing condemnation (64) proceedings if not accepted, to Lubbock National Bank, Trustee, for Carl Clark Trust and Kent Clark Trust, in amount of 4,950.( for a parcel of land out of Section 1, Block S. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the opertaion improvement, expansion, extension, construction, reconstruction, repair maintenance of electrical transmisssion and distribution lines, poles, braces, and guy wires and necessary appartus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public and municipal purposes as set forth in the preamble hereof towit: A parcel of land out of Section 1, Block S, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a found iron pipe that is South 89 deg 18' West 2086.11 feet and North 0 deg 40' West 433.33 feet from the Southeast corner of Section 1, Block S, for the Southwest corner of this tract; THENCE North 0 deg 40' West 3164.67 feet, along the West line of the Carl and Kent Clark tract to a point; THENCE North 1 deg 33' East 1548.3 feet to a point in the Easterly Right -of -Way line of Loop Highway No. 289 for a corner; THENCE Northeasterly around the arc of a curve to the right having a radius of 215.0 feet, a chord bearing and distance of North 64 deg 24' 31" East 78.69 feet to a corner of this tract; THENCE South 1 deg 33' West 2180.73 feet to a point; THENCE South 0 deg 39' East 2565.84 feet to a point in the South line of said Clark tract; THENCE South 89 deg 18' West a distance of 46.1 feet to the PLACE OF BEGINNING. Containing 6.0541 acres SECTION 2. THAT the owners of said land including The Lubbock National Bank of Lubbock, Texas, as Trustee for both the Kent Clark Trust and the Carl Clark Trust under said Trusts as set forth in the Testamentary Trust Provisions of the Will of Clyde Hamel Clark deceased, admitted to probate in Probate Cause No. 9666 in the County Court of Lubbock County, Texas, BE offered through the Right -of -Way Department of City of Lubbock the amount of $4,950.00, which is the amount appraised as the value and total damages for the acquisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as herinabove described for public and municipal purposes. Passed by the City Council this 14th day of September 1978 IsJ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga-City Secretar Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr -City Attorney 78-37-306-849 Resolution making a formal offer, and, authorizing condemnation (65) Proceedings if not accepted, to Willard Payne and George Burke n amount of �1,91z.00 fora parcel of land out of Section 1, Block S. Ll -1 1� Lii SEP 141978 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation improvement, expansion, extension, construction, reconstruction, repair maintenance of electrical transmisssion and distribution lines, poles, braces, and guy wires and necessary appartus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by thethe City of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, alonc_ and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public and municipal purposes as set forth in the preamble herE �„ towit: A parcel of land out of Section 1, Block S, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point that is 2086.1 feet South 89 deg 18' West and 293.1 feet North 0 deg 40' West of the Southeast corner of Section 1, Block S, for a corner of this strip of land; THENCE South 70 deg 54' West 626.8 feet to a point in the Easterly Right - of -Way Iine of the Panhandle and Santa Fe Railroad; THENCE North 39 deg 49' Westi, along said Right -of -Way, a distance of 74. 84 feet to a point; THENCE North 70 deg 54' East a distance of 671.20 feet to a point; THENCE North 1 deg 04' West 2634.82 feet.to a point in an East-West fence for a corner; THENCE North 89 deg 18' East 23.2 feet to a point for a corner; THENCE South 0 deg 40' East, along a line approximately 1.00 foot West of a fence, at 2566.6 feet pass an iron pipe, continuing for a total of 2706.8 feet to the PLACE OF BEGINNING. Containing 1.9115 acres. SECTION 2. THAT the owners of said land including Willard Paina and George Burke, BE offered through the Right -of -Way Department of the City of Lubbock the amount of &1,912.00, which is the amount appraised as the value and total damages for the acuqisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as herinabove described for public and municipal purposes. Passed by the City Council this 14th day of September 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney 78-37-307-650 Resolution making_a formal offer, and, authorizing condemnation (66) roceedin s if not accepted, to Frank Gray and Lubbock Christia College in amount of $50.00 fora parcel of land out of Section Block S. rm. 08 SEP 14 1978 78-37-308-851 (67) RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation improvement, expansion, extension, construction, reconstruction, repair maintenance of electrical transmisssion and distribution lines, poles, braces, and guy wires and necessary appartus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock. Texas to an easement in, uppon, over along, and across the hereinafter described real estate located in the City of Lubbo_[, Lubbock County, Texas, be acquired for public and municipal purposes as set forth in the preamble hereof towit: A parcel of land out of Section 1, Block S, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point that is South 89 deg 18' West 2086.11 feet and North 0 deg 40' West 293.1 feet from the Southeast corner of Section 1, Block S, for the Southwest corner of this tract; THENCE North 0 deg 40' West a distance of 140.2 feet to an iron pipe found for the Northwest corner of this tract, said corner being also the Northwest corner of the Gray & LCC tract; THENCE North 89 deg 18' East a distance of 64.4 feet to the Northeast corner of this tract; THENCE South 1 deg 04' East a distance of 118.5 feet to a corner; THENCE South 70 deg 54' East 68.75 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said Iand including Frank Gray and Lubbock Christian College, a partnership, BE offered through the RightofWay Department of the City of Lubbock the amount of $50.00, which is the amount appraised as the value and total damages for the acuqisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as herinabove described for public and municipal purposes. Passed by the City Council this 14th day of September 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Resolution making a formal offer, and, authorizing condemnation proceedings if not accepted, to Wayne Huffaker, Gerald Huffaker John Huffaker, and W. C. Huffaker, Jr. in amount of $7,044.00 for a parcel of land out of Section 4, Block S. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation improvement, expansion, extension, construction, reconstruction, repair maintenance of electrical transmisssion and distribution lines, poles, braces, and guy wires and necessary appartus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Ll 1i 309 Sep 14 1979 78-37-309-852 (68) SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, along:* and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public and municipal purposes as set forth in the preamble hereof towi t : A parcel of land out Section 4, Block S, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the North line of Section 4, Block S, said point being in the West right-of-way line of Spur Highway No. 331 (old State Highway No. 7), also being the Southeast corner of Lot 1, Lewters Addition to the City of Lubbock, Lubbock County, Texas, said point being 2900.2 feet West along said Section line, from the Northeast corner of said Section 4 and the Southeast corner of Section 1, Block S, Lubbock County, Texas; THENCE South 89 deg 18' West, along said Section line and the South line and the South line of Lot 1, said Lewters Addition, a distance of 50.22 feet to the Northeastccorner of this strip of land; THENCE South 70 deg 54' West a distance of 693.8 feet to a point; THENCE South 0 deg 47' East 3457.5 feet to a point in the North line of an 80.97 acre tract of land owned by Nislar Brothers for the South- easr corner of this strip of land; South THENCE/89 deg 16' West 70.0 feet to the Southwest corner of this strip of land, whence a 1/2 inch I.P. found for the Northwest corner of said Nislar tract bears West 12.5 feet; THENCE North 0 deg 46' West 3460.4 feet to a point in the Easterly right-of-way line of Loop Highway No. 289 for a corner; THENCE Northeasterly, along said Loop 289, right-of-way around the arc of a curve to the left having a radius of 4246.8 feet, a chord bearing and distance of North 44 deg 45' East 101.03 feet for a corner; THENCE North 70 deg 54' East 458.65 feet to a point in the North line of said Section 4, and the South line of Lot 1, said Lewters Addition, for a corner of this strip of land; whence the Southwest corner of said Lot 1 bears South 89 deg West 141.6 feet; THENCE North 89 deg 18' East, along said Lot line, 221.76 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said land including Wayne Huffaker, Gerald Huffaker, John Huffake, W. C. Huffaker, Jr., BE offered through the RightofWay Department of the City of Lubbock the amount of $7,044.00, which is the amount appraised as the value and total damages for the acugisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock; is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as herinabove described for public and municipal purposes. Passed by the City Council this 14th day of September 1978 ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Resolution makin /s/ Dirk West MAYOR condemnation 31O e SEP 14 1979 78-37-310-853 (69) RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation improvement, expansion, extension, construct! reconstruction, repair maintenance of electrical transmisssion and distribution lines, poles, braces, and guy wires and necessary appartus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public and municipal purposes as set forth in the preamble hereof towit: A parcel of land out of Section 4, Block S, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the North line of an 80.97 acre tract out of Section 4, Block S, said point being 1616.47 feet North 0-deg 44' West and 3685.9 feet South 89 deg 16' West of the Southeast corner of said Section 4, Block S, for the Northwest corner of this tract, whence a 1/2 inch I,P. found for the North- west corner of said 80.97 acre tract owned by Nislar Brothers bears South 89 deg 16' West 12.5 feet; THENCE South 0 deg 47' East 388.15 feet to a point in the North right-of-way line of U.S. Highway No. 84 for the Southwest corner of this strip of land; THENCE South 73 deg 37' East, along said Highway right-of-way, same being 80.0 feet from and parallet to the centerline of said highway, 73.26 feet to the Southeast corner of this strip; THENCE North 0 deg 47' West 409.71 feet to a point in the North line of said Nislar Brothers tract; THENCE South 89 deg 16' West 70.0-feet to the PLACE OF BEGINNING. on, SECTION 2. THAT the owners of said land including Joe N. Nislar and wife, Mildred Nis- lar, and Ora Lee Nislar, individually as surviving widow of O.L. (Oscar) Nislar (AKA O.L. Nis- lar Sr.) deceased, and the said Ora Lee Nislar and American State Bank, Lubbock, Texas, as Executors and Trustees under the Will of the said O.L. Nislar, deceased, for the Estate of said Deceased and the James Robert Nislar Trust and the OL Nislar, Jr. Trust, as shown by the records of Probate Cause No. 15,619 in the County Court of Lubbock County, Texas, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $1,603.00-,,which is the amount appraised as the value and total damages for the acuqisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as herinabove described for public and municipal purposes. Passed by the City Council this 14th day of September 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffqa City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Resolution making a formal offer, and, authorizing condemnation roceedin s if not accepted, -to B & B Cattle Company in amount of $664.00 for a parcel of land out of Lot 1, Lewters Addition. RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, and welfare demands and creates a public necessity for the operation improvement, expansion, extension, construction, reconstruction, repair maintenance of electrical transmisssion and distribution lines, poles, braces, and guy wires and necessary appartus and appliances in connection therewith necessary to the proper operation of the public electrical utility system owned and operated by the City of Lubbock, Texas, which requires the acquisition of title in said City to an easement for such public municipal purposes together with rights of ingress, egress, and regress in said City to accomplish such purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SEp 1 197 �3 8 SECTION 1. THAT title in the City of Lubbock, Texas to an easement in, upon, over, along, and across the hereinafter described real estate located in the City of Lubbock, Lubbock County, Texas, be acquired for public and municipal purposes as set forth in the preamble hereof towit: A parcel of land out of Lot 1, Lewters Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point in the South line of Lot 1, Lewters Addtion, whence an iron rod found for the Southwest corner of said Lot 1 bears South 89 deg 13' best 141.6 feet; THENCE North 70 deq 54' Fact 232.44 feet to a point in the Westerly right-of- way line of Spur Highway No. 331 (Southeast Drive) THENCE South 35 deg 45' East, along said highway_right-of-way and the Easterly 1-i ne of said Loot 1; 73.05 feet; ' THENCE South 7.0 deg 54' West-42.96_-feet to a po-int in the South line of said Lot 1, same being the South -line of Section 1, Block S; THENCE South 89 deg 13' West, along said Lot line 221.76 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said land including B * B Cattle Company., a Texas Business Corporation, BE offered through the RightofWay Department of the City of Lubbock the amount of $664.00, which is the amount appraised as the value and total damages for the acuqisition of title to an easement in said City as hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as herinabove described for public and municipal purposes. r Passed by the City Council this 14th day of September 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr s City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass above referenced resolutions. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 78-37-311-854 Ordinance No. 7734 (70) 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; Co-op Holly Overhead Transmission Line NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: ELECTRIC REVENUE BOND FUND The sum $ 26,764.00 For the following purpose: Acquisition of Easement for Overhead Transmission Line. Easements Appraisals Incidentals Total Appropriation ordinance for the for overhead transmission line $24,364.00 2,300..00 100.00 26.,764.00 r ose of acquisition of easements ectric Revenue Bond Fund). Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said referenced ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 78-37-312-895 (71) 78-37-312-856 (72) 78-37-312-,857 (73) 78-37-312-858 (74) 78-37-312- 859 (75) Ordinance No. 7735 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1978; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHINTHE TIME PROVIDED. Ordinance establishing tax rate for fiscal ,year 1978-79 Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister. Voting Yea; none voting Nay. At this time Mayor West read into the records a news release with respect to the tax rate, as follows: The Lubbock City Council today granted the largest property tax cut of any major city in Texas. Council members voted unanimously to cut the city tax rate from $1.41 to $1.12 per $100 assessed valuation. Considering that Lubbock taxes only 60 per cent of the market value of a property, that tax cut gives Lubbock an effective tax rate of 67 cents per $100 market value. Of the 10 largest cities in Texas, five granted no tax reductions in the face of tax protests througho Ltthe summer. Austin TX reduces its effective tax rate by 13 cents compared with Lubbock's 18cent cut in the effective rate. Corpus Christi lowered its effective rate by 6 cents. Amarillo reduced its effective rate by 3 cents, and Fort Worth lowered its effective rate by 2 cents. The 1978 tax rates gives Lubbock the third lowest tax bill among the major Texas cities. This year's property taxes on a $30,000 home will be $345 in El Paso, $303 in Dallas, $201.60 in Lubbock and $151.20 in Arlington, the lowest of the 10 largest cities. Resolution authorizinq the oI of Medicine rtment w inics. or to sign an affiliation agreement ment and the Texas Tech University allow TTUSM Residents to serve in RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an affiliation agreement between the Health Depart- ment of the City of Lubbock and the Texas Tech School of Medicine attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitiute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of September, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voti.ng Yea; none voting Nay. Proposal for Audit of Hike and Bike Trail Grant Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced proposal. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Request of South Plains Council of Boy Scouts to use Maxey Park for a cam oree. Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to approve the request of the South Plains Council of Boy Scouts. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. Resolution authorizing the Ma or to execute an extension to the Agreement between the City and the Steering Committee of the Lubbock Urban Transportation Study Metropolitan Planninq Organization) SEP 14 1978 313 RESOLUTION a BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an extension to the Agreement between the City of Lubbock and the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization) 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 detail. Passed by the City Council this 14th day of September, 1978 s/ Dirk West O� ATTEST: FCF1 ' � �� /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 78-37-313-860 Claim of Bill Boggs, 3803 35th Street, Lubbock (76) The claim was submitted by Mr. Boggs for the amount of $90.50 for damage to carpet due to sewer backup at his residence. Upon the recommendation of City Attorney, the motion was made by Councilwoman Jordan, seconded, by Councilman McAlister to deny Mr. Boggs' claim in its entirety. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 78-37-313-861 Bid No. 5022 Miscellaneous Electric Items (Warehouse Stock) (77) Items 1, 2, 4, General et—ctric Supp y�Lub�ock Items 3, 5 : Temple, Inc., Lubbock, Texas 78-37-313-862 (78) 78-37-313-$63 (79) 78-37-313-864 (80) 78-37-313-865 (81) 78-37-313=866 (82) 78-37-313-867 (83) 78-37-313-868 (84) 78-38-313-869 (85) Bid No. 5025 - Manhole Rings & Lids (Warehouse Stock) Low Bid : Clowe and Cowan, Inn., Lubbock Bid No. 5004 - Miscellaneous Items 1, 2, 3 irts for ditching machine (Public Works T Adrian & Griffin Equipment, Irving, Texas Bid No. 5017 - Water & Sewer Extension Lines Various Locations Public Works Low Bid Panhandle Construction Company, Lubbock Bid No. 5012 Roads and Well Stands in Bailey County Well Field (Public Works) Low Bid Jake Diel Dirt & Paving, Inc. Hereford, Texas Bid No. 5027 Chain Link Fence (Cemetery, Revenue Sharing Funds) Low Bid Cyclone Fence Company, San Antonio, Texas Bid No. 5033 Electrical Wiring & Related Electrical Work (S.E. Water Reclamation Plant) Low Bid Amco E ectric Company, Lubbock Bid No. 5000 Diesel Generator Community Development Funds (Water Treatment Plant) Low Bid West Texas Equipment Company, Lubbock Appointment of two members to the Lubbock Visitors and Conventions Bureau Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to reappoint Myrna Verner for a term of two years, said term expiring October 1, 1980; and to appoint Mr. Adam Gonzalez for a term of two years, said term expiring October 1, 1980. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay. 314 3 1979 Sip 4 78-37-314-870 Appointment of elected official to,Community Services Commission Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to appoint Councilman M. J. Aderton to serve in this capacity. Motion carried: Mayor West, Councilmen Aderton, Jordan and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry was absent from the Council Chambers. The meeting adjourned at 2:30 p.m. to continue in work session. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING SEPTEMBER 14, 1978. MAYOR A T: C ty Secr ary- reasur r READ AND APPROVED THIS THE 28th ATTEST: C'ty Secretary -Treasure DAY OF SEPTEMBER 1978