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If by reason of the Municipality's failure or refusal to furnish or cause . to be furn�.shed any public services or facilities which it has agreed hereunder to furnish ox to cause to be furnished to the Local Authority or to the tenants ' of any Project, the Loca1 Authority incurs any expense to obtain such services or . £acilities then the Local Authoxity may deduct the amounti of such expense £rom any � Payments in Lieu of Taxes due or to be�otue due to the MunicipaI.ity in respect to � any Project or any other low-rent housing projects owned or operated by the Local Authority. 8. No Cooperatfon Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 9. So long as any contract bett,,taen the Local A.uthority and the Government for loans (including preliminary loans} or annual contri3�uti.ans, or both, in connection w�tih any Project remains in iarce and e€fect, or so 3.ong as any bonds issued in cannection with any Pro,�ect or any monies due to the Government in connect�on with any Project remain unpaid, this Agreement shall not be ahrogated, changed, ox modified without the consent of the Government. The privileges and ob�.igations of the Municipality hereunder sha11. remain in fulZ foxce and efiect with respect to each Pzoject so long as the beneficial title to such Project is held by the �,oca� Authority or by tihe Government or by any other public body or governmental agency authorized by law to engage in the development or administration oi low-rent housing pro�ects. If at any time the beneficiaZ titl.e to, or possession of, any Project is held by the Government, other public body ox governmental agency, the provisions hereof shall inure to the bene�it of and may be enforced by the Governmen�, such other public body or governiaental agency. IN WITNESS WHEREOF, the Municipality and the Loca� Authority have respectiveiy signed this Agreement and caused the�r seals to be affixed and attested as of the day and year first above written. /s/ Dzrk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaf�za Evelyn Gaffga, City Secretary--Treasurer HOUSING AUTHORITY OF BY /s/ D. C. Fair� .Tr_ Chairman , i WI�'NESS : /s/ Mar C. Gonzales In accordance wi.th Natice of Hearing published November 10, 1978, in the Lubback Avalan�he Journal, a public hearing was held. Th�s hearing concerns a Coopera�ive Agreement between the City of Lubbock and the ' Housing Authority far additional public housing units. The current Cooperative ' Agreement on file fn the City Secretary's Office 3s dated August, 1972, and corxesponds ' to the Cherry Point Project, and refZects the following data: 1. 2. 3. Hub Homes--130 units Green-Fair Manor--236 units Cherxy Foint--300 units A valid cooperative agreement i�etween the City and the Housiag Authority is required before the Housing Authoxity can request available funds to construct publ3c housing units. This agreement would cover pnbZic housing units that may become avaflable in the iuture, and would provide for 200 additionaZ public ttousing units. Ap earance: Mr. D.C. Fair, Executive Secretary Housing Authority Board � �.. �.�N 7 , 19�� Mr. Fai�'s appearance primary was for the purpose to answer any questions that members pf the Council might have with respect to the pxoposed agreement. He indicated that iC would not in any way jeopardize or conflict with the present agreement now in affect, and would perta�n only to additional proposed housing units, if needed. 79�-38-8-11 (11) There bei�zg no further discussion, Mayor West dec�ared the hearing closed. The motion was made by CounciZwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution authorizing the Mayor to enter into referenced agreement. Mo�ion carried: Mayor West, Mayor Pro Tem Henry, Gouncilwoman Jordan, Cauncilmen Aderton and McAlister voting Yea; none voting Nay. Reso�.ution No. 3b Consider resolution extending time in which to_hold_burner tip (residential and commercial) as rate hearin . RESOLUTTON WHEREAS, on August J.O, 1978, the Pioneer Natural Gas Company filed with the City Secretary of the City of Lubbock a Statement af Yntent to change rates within the cities and towns composing its West Texas Distribution System, which includes Lubbock, praposing an effective date af Septe�nber 15, 1978, for rate increases wrhich are a inajor change in rates; and WHER�AS, the City of Lubbock has by Resolution suspended the proposed e£factive date for 120 days in order to prepare a hearing to determine the proprieCy a€ such proposed rate changes in accordance with Sectfon 43 (c) of the Public Utilit�.es Aegulatory Act af 1975; and WHER�EAS, the City o£ Lubbock now finds that additional time will be required to enable expert consultants whiCh have bean retained by the City of Lubbock and other cities and towns on the West Texas Aistribution System to properZy prepare for such hearing; and WHEREAS, it is deemed to be in the public interest that such actions be takea to insure that such rates are fair and reasonable; 130W THEREFORE BE IT 1ZESQLVED That the period prescribed by Section 43 {d) of the Public Uti,�i.ty Regulatory Act of 1975 to hold a hearing to determine the propriety of proposed rate changes and the proposed date of September 15, 197$, which date has prevfously been suspended for 120 days, be and is hereby suspended for an additi.onal 3Q days beyond 120 days from September i5, 1978, as provided by Section 43 (d) of the Pub�ic UCility Regulatory Act of 1975 and the City Secretary is hereby required to notify Pioneer Natura� Gas Company a£ this further suspension af 30 days. Passed by the City Council this llth day of Januar ,1979. /s/ Dirk West DIitK WEST, MAYOR ATTEST: /s/ Eyelyn Gaffga Evelyn Gaffga, City Secretary-Treasurer APPROVED AS TO FORM: /s/ Donald Vandiver Donald Vandiver, Asst. City Attorney 7'9-38-8-12 Resoiution No. 37 (11-A) Consider resolutian setti�� time an burner tip (residential and c Januar 19 1979 10:00 a.m. date far cial) �ta RESOLUTION �ublic hearin rate increase on WHEREAS, on August 14, 197$, the Pioneer Natural Gas Company filed with the City Secretary of the City of Lubbock a Statement of Intent to change rates within the cities and towns composing its West Texas Distribu�ion 5ystem, which includes Lubbock; and WHEREAS, the City of Lubbock, along with other cities and towns af the West Texas Distrihution System, has retained expert consultants to evaluate such proposed rate increases and make such recommendarions as may be appropriate; and WHEEZEAS, zt is deemed to be in the public interest that a hearing be had to insure t1,or .+....L. ,...«.,.. ..�., c-'-- - - , . . � i 1 � SA �aN � 1 �s�s 79-38-4-10 �� ., I � .�. y �} �o`-, 1� ��! 1 /��o� �� THE STATE OF TEXAS COUNTY OF LUBBOCK Before me a Notary Public in and for Lubbock County, Texas on this day personally appeared of the Southwestern IVewspa- �ers Corparation, publishers of the Lubbock Avalanche-Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than iifty-two weeks grior to the first insertion of this — q �� p�1� ' No• at Lubbock County, Texas and the attached print- ed copy of the is a true copy of the ori inaf and was printed in the Lubbock Avalanche-Journal on tne followir�g dat�es: NvVQm�ef 10r 19�8 LUBBOCK A ANCHE-JOURNAL Southwestern Newspapers Corporation '1 . �� Subscribed and sworn to before me this 3�33t� day of Ng�[�mbe�_,�� NnV r? j97� %��°.� wl r �E� �'�r � �� latsry Pub�tc in �nd fer �oebock Cau�tr. T�x�s ��'�� .� N0710EOFPD�LIGH£ARING � ❑TY COUNCIL � NOTiCE is dere0y qIven thaf on Thurstley, Janvary li, 1979 at 10.]0 A,M. M Ihe Cily Coun[il Chamber on }M1e Second FlpOr of Ihe Clty � Hatl. Lubbock, Texas, s public hearfny will d¢ hetd to consider • [ooperafive n9rCemeaf ta Ee en• tered into hy anC Detween ihe City {� o! LubbaCk 8nC the Housing Au• tAority 01 Lubbo[k. CitltEns are Invited M 8ff�nd tRe hl6rinq to e�press thE�r vi¢wS cOn- urMny tht p�a0oSe0 Co0Derative Ayretment. The proposed afl�<r minl �s avaqa�le far yu61iC infpK- � Lon in the Ci1y Manaq:r'i otl�ce, R06m 204 OF 1he Muni[ipal BuiEtlm durin9 regular o�f ce hpurs 8�� A.M. to S:EfO P.M.. M�nEar thrcuq� FrlOay. For more Informe'lon cal� 76�-6011, BKt. 2001. 1 HERSBY CERtiFY 7}IAY 7H15 NQTICE was pub3 ss�ed ih+s IOth �' day of Noveenber, t9T6. • EVELYN GAFFGA �� CtlySecretary-Treasvrer � � i A � � 1 �979 -�- -- - - - -----.. .�._ _. _ _�.._. .. � , ; � � . k � ; � � I � 9 JAN � � 1�7g �. .�.�...- _ � ._ _ ,.� � - . - ... . �.. -� �, . NOW THEREFORE BE I� RESOLVED That a hearing on the prapxiety of the proposed rate changes be he].d in the City Council Chambers of the City of Lubbock at 10 a.m. 3anuary 19, 1979, and the City Secretary is hereby required to notify Pioneer Natural Gas Contpany of the time and place of this hearing. I � �� Passed by the City Council this__llth day of January _ ,1979. 79-38-9-I3 i�2) ATTEST: /s/ Dirk West DIRK ir�ST, MAY4R /s / Eve].yn Gaf f� --- Evelyn Gaffga, City Secre�ary-Treasurer APPROVED AS �0 FORM: /s/ Donald Vandiver Donald Vandiver, Asst. City Attorney Mayor Pro Tem Henry presiding. On September 15, 1978, Pioneer Natural Gas Company �i1ed a rate increase request with the City of Lubbock for residential, small commercial and Sm�ii industrial custiomers w�tY►in the City of Lubbock. According to tkte Public Utilities Act, the Citq Council. must make a decision within 120 days after the £iling of the requesr or they may extend the time in which to hold the burner tip gas rate hearing for an additiona� 30 days, The City has joined with oth�r 63 cities in the West Texas system of Pioneer Gas Company and have requested consultants to review the request and Pioneer's financial situation and present their findi.ngs to the City Council. Resol.ution No. 36 Motion was made by Councilma.n McAlister, seconded by Councilman Adertan to pass said rasolution. Motion carried: Mayor Pro Tem Henry, Council.woman Jordan, Councilmen Aderton and McAlister votfng Yea; nane voting Nay; Mayor West abstaining. Resoiution No. 37 Motion was made by Councilman McAl�ster, seconded by Coun�zlwoman Jardan to pass said resalution. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Copies of referenced resolutians have been fox�warded to Mr. J. V. Huber, Assistant Vi�e Pxesi.dent, Rates and Econotnics, Pioneer Natural Gas Co., Amarillo on January 12, 1979; additionally, notice has been posted of referenced hearing. Review building plans ior ,T. D. Chandler's towzihouse. Appearances: Mr. J. }]. Chandler � Mr. ,Tim Bertram, Director of Planning On December 1�+, 1978, the CounCi.I requested Mr. Chandler to appear and present the building plans for the referenced townhouse ref�ecting the correction of �.he setback violation, said townhouse ].o�ated at 8633 Knoxville Drive. The plan shows that he has removed the window on the side 1ot and in order to meet the Fire Cade requirements, simp�y put a fire access door oa the 2nd story oa the rear lot. The only purpose oi the door is to meet the letter of the Build�ng Code to provide fire access and wil� not serve as a functional door or window. , Mr. Bertram indicated to the Counc�l that Mr. Chandler had again appeared before ! the Zoning Board of Adjustment and was denied his request to allow the single-stox'p 1 garage to ga within 5 1/2 feet of the alley Zine. He also indicated that neighbors across the alley from the bui,lding side had requested that Council not aCt on Mr. Chandlerts building p1an, but that they were unable to be present. Councilwoman Jordan requested that the re�ord re€lect that it was not the intention of the Council that a window not be built on the second story, and she wauld have no part of the resulting dispute betiween Mr. Chandler and the neighbors. By consensus the Counci3. felt that the ma�ter had dragged-on long enough and tha� they would take action. Motion was made by Councilman McAlister, seconded by Cauncilwoman 3ordan approving the building plan of Mr. J. D. Chandler's townhouse. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. � T 10� �AN � � 1�'� - -- — e 79-38-14-14 (13) Consider resolution authora.zi.n Ma or to execute a lease a xeement between the City of Lubbock and Abernarhy properties for_use of the irr�.gation well at 405 North Quirt. Resolutio� No. 2 LGB:hw RE50LUTION BE iT RESOLVED BY THE CITY COUNC�L OF THE CITY OF LUBBOCK: THAT the Mayor of tkte City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a waterwell Lease Agreement with Abernathy Properties, attached herewith which sha11 be spread upon Che minutes of the Council and as spread upon the minutes of this Council sha11 constitute and be a part of this Resol.ution as if fu11y copied herein in detail. Passed by the City Council this llth day of� ,Tanuary , 1979. /s/ Dirk West DIRK WEST, MAYOR �s-3s-ia-�s {14} ATTEST: /s/ Evelyn Gaffga Evel.yn Gaffga, City Secretary-Treasurer�T APPROV�D AS TO FORM: /s/ Leon Bean Leon G. Bean, Assistant City Attorney APPROVED: /s/ Vicki Foster VICKT FOSTER Co�t►unity Development Coordinator NOTE: Lease Agreement �iled with original Resolution No. 2 entitl�d, "Lease Agreemen� between City & Ahernathy Rropertias for Use of Irrigation Well," In the fall of 1978 the City Council acquired, through the 4th Year Community Development Prograin, the praperty at 405 North Quirt Avenue €or a Parkway Neighborhood Center. There is located behind the church on the property an irri.gation well and pump. The we11 and casing are part af the City-owned property; hawever, the irrigation pump and tub�ng are owned by Abernathy ProperCies, who aZso own iand adjacent to the Center, and who have been paqing an annual lease of $5a0 to the previous owner, Wesley iTnited Methodist Church. �he property manager for Abernathy Properties has requested that the City continue this lease arrangement. A1Z costs in terms of electricity and maintenance on the pump are to be borne by the Abernathy Properties. Additionally, for the safety of the children that use the Center, the we11 will be enclosed with a fence. Th3s also will be the responsi�ility of Abernathy Properties. Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass said resolution authorizing execution of the lease agreement. Motion carrfed: Mayox West, Mayor Pro Tem Henry, CounciZwoman Jordan, Councilmen Aderton and McAlister vot�ng Yea; none voting Nay. Consider al�ocations from Communit DeveZo ment Block Grant Contin enc Funds. Requests for a Community pevelopment Blocic Grant Contingency Fund from the Health and Finance Departments are as follows: Finance Department--Staff Auditor for Grants--$13,178.27 Health Department---Environmental Control Inspector for vector control for East Lubbock 15,Q00.00 TpTAL $2$t178.27 The request for the Environmental Control Inspector results from an increase in the rodent problem in East Lubbock. The Hea�.th Department is requesting one Env3ronmenta�. Control Inspector to be assigned to vector con�rol specifically in East Lubbock, concentrating on xodents, insects and other health hazards in that area, to be funded from tihese contingency funds. The Finance Department has requested a Staff Auditor to perform compliance checks wfth all grants, develop and maintafn a cost-allocation plan and prepare a special f't1.^.t tn rttt rl;crr�l,,,r��„ an�l norfnrm nf-i,cr .,,,.7�t3.,�. t.,..l... �., ...,«..�....a mt_ c..._�s__ ! ' � � �1 ,�AN �. i 197� --- - - -- -_�.�,,._..�.. -- - �-�- - - �� Because these requests are less �han 10% of the annual. grant aZlocation, a minuted action of the Council is a11 that is required. Motion was made by Cauncilman McAlister, seconded by Councilman Aderton to approve referenced allocation. Motion earried: Mayor West, Mayor Pro Tein Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. � � 73�-3$-11-16 Resolution No.'s 3 and 4 (15) Consider cancellation of the fundin a reement between the Cit of Lubbock and the Guadalupe-Parkway Neighborhood Center, Inc. accepting assignment of the contract for architectural �services in the Guadalupe- Parkwa Nei hborhood Center. � RESOLUTION Ho. 3 � L BE IT RESQLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorzzed and directed to execute for and on behalf of the City af Lubbock a Funding Agreement Recisian between the City of Lubbock, and the Guadalupe-Parkway Neighborhaod Center Inc., attached herewith whi.ch shall be spread upon the minutes of the Council and as spread upon the minutes of this Council sha].I constitute and be a part of this Resolution as if ful.ly copied herein in detail. Passed hy the City Council this llth day of__ _ Janua�y ^ ,].979, /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ EveZ n Gaff a Evelyn Gaffga, City Secretary-Treasurer APPAQVEb AS TO FORM: /s/ Leon Bean Leon G. Bean, Asst. Ci�y Attorney APPROVED: /s/ Vicki Faster VICKI FOSTER Community Development Caordinator STATE OF TEXAS COUNTY 0�' LUBBOCK � § FUNDING AGREEMENT RECISIOI3 T}�is agreement made and entered inCo by and be�ween the City af Lubbock, Texas, a Hpme Ru1e MunicipaZ Corporation, hereinafter called "City", and the GuadalupE- Parkway Neighborhood Center, Inc., hereinafter called "Center". WITNESSETH: That on the $th day of June, 1978 the Citiy and the Center entered into a Funding Agreement whereby ea�h would undertake certain oblfgations and duties pertaining �o Che improvement and construction of a Parkway Neighborhood Center funded by a � Community Development B1ock Grant; That since that time title to the building and premises ior the Guadal.upe-Parkway Neighborhood Center at �+05 I�orth Quirt Avenue has been bought by and resides in the C�ty; That accordingly there no longer exists any need for such funding agreement since the City may disburse Community Development Block Grant monies for Citq-owned properties without a funding agreement, Now thereiore, alI parCies to said funding agreement, being the City and the Center, do hereby mutually rescind said funding agreement and declare it to be no longer of any €orce or effect. I I � ! ; � I � � I ; Witness our hands this llth day of January, 1979. 12 AN � � �°7g GIIADALUPE-PARKWAY NEIGHBpRH00D CENTER, INC. CITY OF L�BBOCK BY:/s/ J. Q. Warnick, .ir. BY: /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Eve�yn Gaf#ga, City Secretary-Treasurer APPROV�D: /s/ Vicki Foster Vicki Foster Community Development Coordinator APPROVED AS TO FOItM: /s/ Leon Bean Leon G. Bean, Assistant City Attorney RESOLUTiON I3o. 4 BE IT ftESQLVED BY TH� CTTY COiTNCIL 0�' THE CITY OF Li�BSOCK: THAT the Mayor of ttee City of Lubbock BE and is hereby authorized and directed Co execute for and on beha,�f of the City o� Lubbock an Assignment of Contractual Rights between the City of Lubbock, the Guadalupe-Parkway Neighborhood Centier, Inc., and BGR Architects-Engineers of Lubbock, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon tihe minutes of this Coun��]. shall constitute and be a part of this Resolution as if fu11.y copied herein in detail. Passed by �he Gity Cauncil this llth day of__ Januar_y _ ^ 1979. � /s/ Dirk West DI12K WEST, MAXOR ATTEST: /s/ Evelyn Gaffga EveZyn Gaffga, City 3ecretary-Treasurer APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Asst., City Attorney APPROVED: /s/ Vick� Foster VICKI F4STER Communitq Development CoordinaCor STATE OF TEXAS CQUNTY OF LUBBOCK § �� ASSIGNMENT OF CONTRAC7'TJA�, RIGHTS This assignment, made and entered into, this lith day of .Ianuary, 1979, by and among the City of Lubbock, Texas, a Home RuZe Municipality, hereinafter referred to as "City of Lubbock", the Guadalupe-�arkway Neighborhoad Center, Tnc., a not- for-prafit Texas corporation, hereinaiter referred to as "Guadalupe--Farkway, Inc," and BGR Ar�hitects-Engineers of Lubbock, Texas, hereinafter referred to as "BGR". WITNESSETH: �hat on the 29th daq of December, 1978, Guadalupe-Parkway, Inc., and $GR entered into a Standard Form Agreement Between Owner and Archa.tect, AIA Document B141, 1977 Edition, the original of which is at�ached hereto and is ntade a part hereof by zeferenCe, said agreement hereinafter referred to as "Agreement", to proviae for architectural and engineering services for additions and alterations to the Parkway Neighborhaod Center Building, located at 405 h Quirt Avenue, Lubbock, Lubbock County, Texas, said buiZding also being known as the Guacialupe-Parkway Neighborhood Center Building; That the City of Lubbock is the owner of said building and premises, that Guadalupe- Parkway, rnc. is tenant thereof, ana that the Agreement is being financed by the City of Lubbock thzough its Community Development Block Grant Program, wherefor it is mutuall.y agreed to be in the best inCerest of all. pazties for Guadalupe-Parkway, Tnc. to assign its rights in the Agreement to the Cfty af Lubbock; � � Now therefore, by this instr�rnent Guadalupe-Parkway, Inc., as Assi�nor, herebv aaaivno rn f1.., n,.-- -r � .. . I3 �� JAN 1 i �97� � . .� ,� - - - - - - �. unpaid deb�s for work paxt�ally completed, arising from the Agreement executed with BGft . That whenever re£exence is made in the Agreement to Guadalupe-Parkwaq Neighborhood Center, Inc. or "4wner" it shall henceforth refer to the Ci.ty a£ Lubbock. The City of Lubbock expressly receives and accepts said assignment and agrees to perform thereby in the same manner in which Guadalupe-Parkway, Inc. agreed to perform prior to this ass�.gnment. i Guadalupe-Parkway, inc. expressl.y a�knowledges that it has received good and valuabl.e consideration for this assignment and in total satisfactio� thereaf. Guadalupe-- Parkway, Inc. express�y understands that by its assignment it will no longer be a party to the Agreement. $GR expresely accepts the Gity of Lubbock as asaignee in place of GuadaZupe-Parkway, Enc. and totally releases Guadalupe-- Parkway, Inc. from the Agreement. BGR also expressly agrees to perform the Agreament in the same manner for the City of Lubbock, as assignee, as it was obli.gated to do for Guadalupe-Parkway, Inc. It is mutually understood by a11 parties, that save and except this assignment, no changes in the terms or conditions of the Agreement will result from this instrument. Executed to become efiactive the llth day of January, 1979. GUADALUPE-PARKWAY NETGHBORHOOD CEN�ER, INC. BY:_/s/ _,7. � Warnick BGR ARCHITECTS-ENGINEERS BY: /s/ Coda Stephenson THE CI�Y OF LUBBOCK BY:/s/ Dirk West AIRK WEST, MAYOR ATTEST: BY: /s/ Evel n Gaff a Evelyn Ga€fga City Secretary- Treasurer APPROVED AS TO FORM: � BY: /s/ Leon Bean Leon G. Bean Asst. City Attorney APPROVED: BY: /s/ Va.cki Foster VYCKI FOSTER COMMUNTTY DEVELOPMENT COORUINATOR It is the general consensus of the staff that it is advisable for the City to perform all contracting on Community Development BZock Grant projects constrncted or involved with "City-or�med property." If the City assumes all contracting responsib�lity for the renovation of the building at the Parkway Neighborhood Center, there is no need for the fund�ng agreement with the Guadalupe-Parkway Neighborhood Center. The Center has contracted with the BGR Architects for the preparation o£ plans and spe�ifi�ations for remodeiing the church building. The contract would be assigned to the City upon cancellation o€ the funding agreement. This arrangement is recommended by the City Attorney's office. Motion was made by Councilwqman Jordan, seconded by Mayor Pro Tem Henry to pass � referenced resolutions, authorizing car�cellation of the funding agreement hetween the City and the Guadalupe-Parkway Neighborhood Center, Inc., and to accept the ' ass�gnment of the contract far architectural services by BGR Architects. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-I3-17 Cansider setting January 25, 1979 as �he date for the final public (16) hearing for the 1979-82 Commu�zity Development_Block �Grant Pro ram. The first public hearing for the 1979-$2 Community Development Black GranC Program was held December 14, 1978. Following the proposed second public hearing, re.ferenced ahove, the City Counc:C1 will consider a resoiution authorizing the submission of 1979-$2 CDSG applications. Motian was made by Councilwoman 3ordan, seconded by Councilman McAlister to hold a second public hearing on January 25, I979, at ].0:00 a.m. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Adertan and McAlister voting Yea; none vating Nay. �4 JA� � ; �97� � ��-3s-i�►-zs (17) Resolution No. 5 Considex resolution authorizin the Ma or to execute a Release of Mechanic's Liea with respect to West 135.26 ft. of Lot 3, Tonr� & Stalnaker Subdivision of the Cit of Lubbock. LGB:hw RESOLUTION BE ET RESOLV�b $Y THE CITY COUNCIL 0�' TiiE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directea to execnte far and on behalf of the City of Lubbock a release of a mechanic's li.en contract executed by F. B. Tonroy and c�rife, Cleo M. Tonray and �. J. Stanfield, attached herewith which shall be spread upon the minutes af the Council and as spread upon the minutes of this Council shall constitute and be a par� of this Resolution as if fully copied herein in detail. Passed by the City Council, this lith day of 3anuar 1978, � /s/ Dirk West DIRK WEST, MAYOR 79-38-14-19 (18) 7�9-38--14-20 (52) 79-38-14-21 (19) ATTEST: /s/ Evel Gaff a Evelyn Gaffga, C�ty Secretary-Treasurer APPAOVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Assistant City A,ttorney *NOTE: Release of Lien filed with orig�nal Resolution No. 5 entitled "itelease of Mechanic's Lien, Tonroy Stalnaker Subdivision" City Attvrney John Ross indicated there were two liens exisCing against the referenced property: one contractual lien, and one assessment 1ien. The attorney for �'. B. 'Fonry and wife, and T. J. Stanfield has requested the referenced release. dur records reflect that the amount of $223.$0 is due and owing as ailowed under the law. Motian was made by Mayar Pxo Tem Henry, seconded by Counei.lman Aderton to autharize the Mayor to exe�ute a rel.ease oi contractual mechanic's lien by F. B. Tonroy and wife, Cleo M. Tonroy, and T. J. SCanfield. Motion carzied: Mayor West, Mayor Pro Tem Henry, CounciZwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The assessed paving lien was not released and remains in force and effect. Consider az� a ro riation ordinance from Street Im rovement Fund for Pavin Im rovements on Indiana Avenue from 95th Street [o �03rd Street. Consider Bfd 4�5142 for avin �m rovements on Tndiana Avenue (95th Street to 103rd 3treet). The bid for construction of paving the west one-half a£ Indiana Avenue from 95th Street to 103rd Street is in the sum of $129,169.45 �caith Kerr Construction Campany being low bidder. The total cost of the project which includes construction and engineering cost amounts to $I36,919.62. The property owners' cost is $$1,013.35, and the City's portion of this cost is $55,906.27. Action on these matters in awarding the bid £or this construction 3s subject to the praperty owners paying for their portion of the money before the bid is awarded. City Manager Larry Cunningham indicated that two of the three property owners had paid their appropriate portion, and recommended that the matter be tabled until the third property owner had compl,ied with �he arrangemen�s. These matters will be considered on January 25, 1979. Resolut�on No. 6 Consider resolution listin s�reets and alle s fvr 1979 Pav:Cn Assessment Pro�ram. ]5 JAN � i �97� ��_- - -�- _ �=_-- - �...� -,� �. -..- _ _ _- �� - . _ _ ��.. �--�� , ��- - - - - _ = _ RESOLi3TI0N I � � � A RESOLUTION PAOVIDING FOR S�"��g MEONG THEPBOi1NDARYoOFSSAIDTCITYZANDADIRECTIN�PREFARATIONLEYS IN 'THE CITY OF LUBBOCK, TEXA , OF PLANS AND SPECIFYCATIONS. BE I� RESOLVED BY THE CITY COUE�TCIL OF LUBBOCK, TEXAS THAT: I. �ublic necessity exists that �.he foZlowing por�.ions of streets, high,ways, avenues and/or ��i�ys in the C;.ty of lubbock and along the boundaries thereof, be improved as herein provided, to-wit: IQAAME E-W Alley bet. S9th & 60tih E-W Alley bet. 49th & 50�h N-S-E-W Alley bet. .7oliet & Indiana Dr. E-W A1.ley bet. 74th & 75th Wayne Avenue (36'} 74th Street (3b`) 79th Stxeet (36') 80th Stree� (36') Toledo Avenue {36') Kemper Street (36') N. 1/2 Kemper Street (52') 82nd Street (86'} ALLEY (10' WIDE) FROM E1gin Ave. Quaker Ave. Indiana Dr. Hartford Ave. STREETS 58th St. Boston Ave. Akron Ave. Boston Ave. 65th St. Quaker Ave. Amarillo I�wy • Memphis Ave. TO Canton Ave. Memphis Ave. 82nd St. Indiana Ave. Sgth st. Akron Ave. iJniversity Ave. Akron Ave. 66th St. Sal.em Ave. N. Ave. H Slide Road iI. Said portions of streets highways and avenues sha�l be improved by raising, grading and filling same, by insta�l.ing concrete curb and gutters, by installing storm sewers and drains where necassary, �y installing a compa�ted cal.iche base, and by surfacing with four (�) course penetration type or 1-3/4" hot mix type asphaltic surface trea�men�. Alleys shall be improved by insCalling a ten (10) food wide, 5" thick reinforced concrete strip in the Center thereof. III. The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each uni.t shall be paid for in the foJ.lowing manner: (a) Railways and street railway.s using, occupying or crossing any partion of said streets, highways, avenues and/or alleys to he improved sha11 be assessed for and shall pay for a3.1 of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and �wo feet on each side Chereof. STREET YMPROVEMENTS (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of construc�ing curbs in front of such respective property and a part of the remaining cost of such improvements, a£ter deducting the sums to be pai.d by tihe railways under sul}paragraph (a) abave, provided, that such part of the cost assessed to �.he abutting property or owners thereof will not exceed 90% of tY►e �ost of the improvements plus the cost of the curb, and further provided that if it shall appeax at the h'earing, to be had hefore final assessment is made, that the special benefi.ts to such properCy by way of enhancement value thereof by means of such improvmeents wi1Z not aggregate such proporgionrofert� and�the owners�Chereofe�atlesser there shall be assessed and be paid by such abuttin R P Y amount not tv exceed the benefits. ALLEY IMPROVEMENTS {c) The abutting property and owners thereo£ shall pay and shall be assessed for a part of the rernaining cost of such improvements, a€�er deducting the sums to be paid by the railways under sub-paragraph {a) above, ia ��QnfO�othWsidesaofethe alleyrtoebey mprovedashallgbe assessed or two (2) fasuily residential us g for fif�y (50) percent of tihe cost of such improvements. V'acaercen�poftthe�costfof su�h{2� family residential purposes shall be assessed for fifty (SO) p improvements. Property which has commercial or semi-cammercial usage, and property used or vacant and zoned for three (3) or more family residential usage, shall be assessed for ninetq (90%) o� the cost of such improvements. Where there is commercial or semi-commercial usage or zaning on one side of an a11ey, the single family residential usage and zoning on the other side, property used as a single family residence wili not be assessed. Said abutting property and owners thereof shall pay and be assessed for the cost of constructi.ng alley paving improvements as specified above, provided, that if it shall appear a�. the k�earing to be had before final assessment is made, that the special benefits tor�ua�epsuchrpr portionDof enhancement value thereof by means of such improvements will not agg � .. .__� ..,. ,.,,p.,,f�o� ahnve. Chen there shall be assessed and be pa�d by such abutting propertq i � � i � I6 -� - ,,.,... .,, JAN _7 � 1979 �= -� :.�- -- , -� - �- �- _ _ � - -_ - -_ -- . - _ - _ - - -- (d) The reraaining cost of said improvements after deducting the sums €inally assessed against raiZways and street :railways under sub-paragraph (a} hereby, and against abutting property and the owners thereof under suFrparagraph (b} and (c} above, sttall be paid by the City of Lubbock. �ta The aznounts assessed agains� and to be paid by rail.ways and s�reet railways for work between rails and tracks and 2 ieet on eaeh side thereof si�all be paid on estimates or staiements on or before twenty days after acceptance of the improvements in the unit in which the railway' Iies, by�the Citq Council and shaY� bear intQrest from date due and until paid at the rate of 6% per an,num. The a�r�ounts assessed against and to be paid by the ai�utting propertp and Che owriers thereof sha1l be payable zn fi.ve (5) equa2 i.nstallations. The first of w�ich shaZl become due on or be�ore 20 days after completion and acceptance of the improvements in the unxt on which the pzoper�y abutts by the City Council; the second, third, fonrth and fifth installments shall become due one, two, tihree, and four years xespectively after completion and acceptance of ttte improvements in the unit upon which the property abutts, by the Ci.ty Council and sha11 bear inte�est from the date of completion and acceprance until paid, at the rate of six percent per annum on street improvements and seven percent per annum on alZey improvements, payable annually, with provisions that if default be made in the payment of any installrnent promptl.y as the same matures: Then at the opti.on of the hold�r of such assessment or certificate issuea in evidence thereof, such defauZt shall mature the entire assessment upon whith same zs made. VI. Assessments shall be made and 1ev�.ed, and shal�. be a iirst and prior Zien and personal Iiability for principa.�, interest, reasonable attorney's fees and costs of caZlection, if incurred, all under and in accordance with the Charter and amendments thereto, now in force in this City, and in accorc3ance with the provisions of Article 1105B Revised Civi�. Statues of Texas as amended by Chapter 28]. Acts oF the 52nd Legislature, and most recent amendea by Chapter 176 Acts of the 60th Legislature. VII. This resolution sha11 take effect and be in �orce from and after its passage. PASSED .�1VD APPROVED THIS iZTH DAY OF JANiTARY, 1979, /s/ Dirk Wes� Dirk West, Mayor ATTESx: /s/ Evel n Gaff a Evelyn Gaffga, City Secretary APPROVED: /s/ Wilford D. Watson Wilford b. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross J�. John C. Ross, Jr., City Attorney . � � � I7 � JA N � 1 1g�9 - - - � -_ ,� . It was pointe� out by the City Manager, Larry Cunningham, that those Zocations itemized in the resolution were only a partial listing of the proposed 1979 Paving Assessment Program and the Program will be updated from time to time. It was also recommended tihat a tentative date for the hearing is set for March 22, 1979. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution which reflects a partial list3ng af the proposed locations in the 1979 Paving Assessraent Program. Motion carried: Mayor West, Mayor Pro Tem Henry, � Councilwoman Jordan, Cauncilmen Aderton and McAlister voting Yea; none voting 13ay. 79-38-17-2� Consider accepting and authorizing_final payment for canstruction of (20) roads and well stand in Sandhills Well Fi.eld. � "� 7�9-38-17-23 i22) The contract amoun� far this constx'uction was $61,950. The final cost is $58,799.25, and the final payment is $5,879.93. The motion was made by Counci�woman Jordan, seconded by Cauncilman McAlister to approve above request. Motion carried: Mayor West, Mayor Pro Tetu Henry, Councilwpman .iordan, Coun�iimen Aderton and M�Alister voting Yea; none voting Nay. Resolution �Io. 7 olution authorizin n the Atchisan, Consider License and the Cit of Lubbock. to execute a RESOLUTION � 79-38-17-24 (23) BE IT RESOLVED BY THE CITY CdUI3CIL 0� THE CITY 0�' LIIBBOCK: Line THAT the Mayor of the City of Lubbock BE and is here}�y authorized and directed to execute £or and on behalf of the CiCy of Lubbock a pipe line license as Licensee from the Atcf�ison, Topeka and Santa Fe Railway Company as Licensor for a water line crossi.ng af the right of way of said railway company at MP-6 + 52$.5 feet near poud, Texas, attached herewith which shal� be spread upon the minutes of the Council and as spread upon the minutes of th�.s CounciJ, sha1.1 constitute and be a part of this Resolution as if fnlly copied herein in detail. Passed by the City Council this Zlth day of Januar I979. � ATTEST: /s/ Dirk West DIRK WEST, MAYOR /s/ Evel n Gaff a EveZyn Gaffga, City Secretary-Treasurer APPROVED AS TO FORM: /s/ J. Worth FuZlingim J. Worth Fullingim, Assistant City Attorney APPROVED AS TQ CONTEi�TI' : /s/ Tom N�vens Tom Nivens, Right-Of-Way Aepartment *NOTE: Pipe Line License file with Original ftesolution No. 7 entitled "Pfpe Line Li�.ense between Atchison, �'opeka & Santa Fe RailwayCo. & City" This pipe line license is for a water l�ne crossing at Frank£art Avenue and Brownfiel.d Highway. The fee �s one-time cost of $I50. Motion uras made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolutfnn approvi�g the pipe Zine license. Mation carried: Mayor West, Mayor pzo Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAZister vot�ng Yea; none vot�ng Nay. 6 Resol.ution No. 8 Consider a Street Use Franchise to Lubbock Nat�onal Bank for a tunae crossin Main Street between Blacks 103 and I19 Ori ina2 Town. RE SOLiJT ION BE rT RESOLVED BY THE CITY COUNCIL OE THE CITY QF LUBBOCK: THAT the Mayor of the City of %ubbock BE and is hereby authorized and directed to execute for and on behalf of the Cfty of Lubbock a Street tise License in favor of LIIRR�f'.K uamrnNeT RnrTv ..�.._ _� _ . , . . . . � � �8 J AN 1 1 ��1� - _� be a part of this Resolution as if fulZy copied herein in detail. Passed by the City Council thi.s llth day of January , 1.979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Ga�fga �velyn Gaffga, City Secretary-Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullfngim, Assistant City Attorney STREET US� LICENSE :� THE STATE OF TEXAS � COUNTY OF �,UB�OCK � This indenture made this llth day of January , Z979, betr�reen Che CITY OF ZUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Lubbock National Bank of Lubbock, Lubbock County, Texas, hereinafter �alled "LICENSEE," WITNESSETH: Subject Co the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, priviZege and license ta use a portion of dedicated street to construct and maintain an underground tunnel or passageway to be constructed in the manner and at the depth to be approved by the City Engineer of the said City of Lubbock in, under, aZong, and across the £allowing described tract of Zand, to-wi.t: A sub-surface strip of land, seven (7) feet �n width, crossing Main Street between Block 103 and 1�9, Original Town, aa Add�.tion to the City of Lubbock, Lubback County, Te�as, being more particularly described as follaws: BEGII3NING at a point which bears 4.00 feet West from the Southeast corner of Lot 15, B].ock 103, Original Tawn; THENCE South a distan,ce of lOQ feet ta a point in the North line of Lot 20, Block 119, Oringinal Toran; THENCE West, along the North line of said Lot 2a, a distance of 17.a faet; THENC� North a disrance of �00 feet to a point in the South line of Lot Z5, Block 103, Original Town; THENCE East, along the South line of said Lot 15, a distance of 17.0 feet to the PLACE OF BEGiNNING. 1. The terms of this grant shall be from year to year not to exceed twenty (20) years without renewal by the City Conncil and the CITY 0�' LUBB�CK retains the right, at its election to cance� and revoke this license, with or without cause, upon thirty (30) days notice to LiCENSEE. Said notice sha1l be deemed properly served if deposited in the post affice, postaga pai.d, addressed to LICENSEE at Main at Texas Avenue, Lubback, Texas or the I.ast known address af LiCENSEE. Upon expi,ration or cancel].ation and revocation of this license by the CITY OF LUBBOCK or the abandonment af the license by the LICENSEE, the improvements that are permitted under this license sha2�, be removed by the LICENSEE and the pr�perty sY►all be restored to its origfnal condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such impxovements after demand bq the CITY OF LUBBOCK, the CI�'Y OF LUBBOCK sha11 enter possession, and remove or cause to be removed such improvements and the expense incurred sha11 be assessed against LICENSEE for which LICENSEE sha21 be liable. 2. LICENSEE shall pay to the CITX OF LUBBOCK as a compensation for such grant the sum of ONE THOUSAND SIX HUNDRED FaRTY FIVE AND NQ/100 ($�6�+5.00) DOLLARS cash in advance contemporaneously with the acceptance and executfon hereof by LICENSEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this ].icense herein granted, including but nat �imited to the replacement and repairing of paving, fM I9 JAN � � �g�� _ = T � � _ T =- _- _ _ ��,��- --- - � �� _ � - = =- _ - �I - ;��-. - - - - -- 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes wi�h or �auses the rerouting or realignment of any publi.� utility, franchised utility, or sani.tary or storm sewer line constru�ted or �o be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the C�TY OF Li1BBOCK, or such urility, as the case may be, for its expense o£ such xelocating or rerouting over and above the expense which would have been i.ncurred except fox LICEI3SEE'S use herein. 5. This license is not transferable by the LICENSEE wirhout first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subjecC to the condition tha� should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or a11 of the above set out property, then and in that event said LICENSEE, his he�.rs and assigns, wi11 at a11 times defand, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and aJ.1 claims, demands, actions, causes of action, suits at 1aw or in equity of whatsoever kind or nature which may grow out of or be related to the making of this l�cense or �he construction or maintenance and use permitted here�n. The Ci�.'Y OF LTJBBOCK, at its option, may require an agreement with any contractors hired by LICEI3SEE to perform Che construction, rapair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, Ziability, cost and expense growfng out of the performance of the work to be done by such contractor. �he CITY dF LUBBOCK tnay further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to �he CITY OF LIJBBOCK, a reliable surety bond, in an amount and in tihe form satisfactory to tha said CI�Y OF LUBBOCK, guaranteeing the faith�ul performance of aJ.1 the terms, covenants and coaditions contai.ned in said agreement and a certifi.ed copy of a policy of pub�.ic liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICEI3SEE prior to incurring any r.osts or expenses or the payment of any such claims or demands in ordex to give L�CENSEE a reasonable apportunity to settle or adjusti the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, w�.thin limits specified hy, and in a form satisfactary to the City A�torney for the CITY OF LUBBOCK and which names the CITY d� LUBBOCK as the �nsured, said policy covexing the uses herein granted. $. AJ.1 of the covenants and provisions of this license shall be bindxng upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF L[TBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5). 9. L�CENSEE, by the acceptance of the uses permitted herein, understands and agrees that rto interest, tit�e or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permftted to use herehy and agrees to give peaceful possession of said property covered herein upon term�.nation or cancellation of this license. CITY OF LUBBOCK BY /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evel n Ga£f a Evelyn Gaffga, City Secratary--Treasurer AGREEU Td AND ACCEPTED this 19th day of _ 3anuary ��979• LICENSEE: LUBBOCK NATIONAL BANK .1 l � BX /s/ James A. I,i.ttlefield Sr. V, P1tESID�N'� APPROVED AS TO FORM: /s/ J. Wor�h Fullingim __ 3. WORTH FULLINGIM, Assistane City Attorney APPROVED: /s/ Wil�ord D. Watson Wilfa�d Watso� City Engineer THE STATE OF TEXAS COiJI�iTY OF LUBBOCK � � BEFORE ME, the undersigned authority, a Notary Public i.n and for said County, Texas on this day personall.y appeared DIRK WEST, Mayor, known to me to be the person whose � � � �0 � JAN � � �9?9 � ,i =_ - _ -- �- - - = � - _- --- - - __ _ _ _ _ - -.- _ _ � _-- _ � �=� and cansideration therein expressed and in the capacity therein stated. GTVEN UNDER MY HA13D ANn SEAI, OF OFFICE this llth day o£ ,Tanuar , 1979. My Commission exp�res: June 30, 1980 �- /s/ Ranette Bo d Notary Public, Lubbock County, Texas THE STATE OF TEXAS � COUNTY OF LUBBOCK � B�FORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personalZy appeared James A. Littlefield, Sr. V. president of said Lubbock National Bank, known to me to be the person whose name is subscribed to tI�e foregoing instrument and acknowledged to me that he executed the same ior t�ie purposes and consideration therein expressed, ana in the capacity therein stated as tl�e act and deed of said LUB$OCK NATIONAL BANK. GTVEI� UNT}Eg My HAND AND gEAL OF OFFTC� this 1.y.th day of January , 1979, � (Sea1) /s/ Tom Nivens Notary Pub1i�., Lubbock County,Texas My Commission expires: 3,1 .Tan 1981 A earances: Mr. Bob Messersmith, Architect Mr. Jir�ny Littlefie�d, Vice-President, Lubbock NationaZ Bank The elevations submitted to the Council by Mr. Messersmith reflected the proposed glan far construction o£ a motor baak on the north side pf their existing parking l.ot. The tunnel requested is to be between the bank's present motor bank and their existing parking lot. The fee for this street �se franchise would be $$2.25 per year for 20 years paid in advance, for a lump sum payment of $1,645. Motion was made by Councilwoman .Iordan, seconded by Mayor Pro Tem Henry to pass sa�d resolution authorizing the issuance of the 5treet Use License. Mation carried: � Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister � voting Yea; none voting Nay. 79-38-20-25 Resolntion No. q (24) Consi.der a resolution makin a formal offer, and authorizin conde�nnation roceedin s if not acee ted to Arch G. Lamb etal for a arcel of Iand out of Section 44 Block AK RESOLUTION WHEREAS, the City af Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has deter�nined and does hereby determine th� public needs, safety, and welfare demands and creates a public necessity for the widening, constructin and expansion and improv�ment of i�ewanee Avenue for street purposes in saidnCityccreating a need for addit�o�a�.�ee simple title r�gh �of-way by said City to accamplisn such purposes, and also there is a�so a public need and necessity for an additional easement for storm water c�rainage for the publ.ic safety and welfare this City Counci]. of said City finds it to the best pubYic interest and for pubZic purposes and municipal purposes to proceed with the acquisition of lands as needed for such puzposes as aforsaid; NOW THEREFORE: BE IT RESOLVED BY THE CITX COUNCIL OF THE CITY OF LUBBpCK: SECTION �. THAT the fee simpZe tit,Ie to the followi.ng deseribed real estate Iocated in Lubbock County, Texas, be acyuired for public street purposes and znunicipa]. purposes as set forth in the preamble hereof, to-wit: 1 Parcei No. I- for street ur oses BEGINNTNG a� a point which is 1,320 feet East and 40.00 feet North of the Southwest �orner of Section 44, B�ock AK; THENCE North 2,600.00 �eet to a poznt; THENCE East, along the nalf section line, a distance of 45.00 feet to a point; THENCE South a distance of 10.00 feet to a point, said point being the beginning of a Soathwesterly curve, the radius ot' which is South 15.00 ieet, a del.ta angle o€ 90° and a curve len�th of 23.56 :eet; THENCE around a curve �o the right zn a Soukhwesterly direction, a distance of 23.56 feet to a point; THENCE South a distance of 2.532.Ql1 fPAr r„ �,.,,,..�. �� ,�A N T f 191� .T �I _ �.� - . _ _ '- _ - =_y��F t� - - ' � -' I � THEI3CE West 20.00 feet Co a poi.nt; THENCE South 20.00 feet to a poa.nt; TIiENCE East 20.00 feet to a point; THENCE South a distance of 4.00 feet to a point, said point being the beginning � of a Southeasterly curve, the radius point of which is East 15.00 £eet, a delta angle of 90°00'00", and a curve 1�ngth of 23.56 feet; ' THEI3CE around said curve to the ,left in a Southeasterlq direction, a distanc� of 23.56 feet to a point; THENCE Sauth a distance of 5.00 feet to a point; TH�NCE West a distance of 45.00 feet to the PLACE OF BEGINNING. (Containing 1.79 acres). SECTI013 2. THAT title for an easem�nt ior sto� water drainage in, upon, over, aZong, and acrass the foil.owing described real estate lacated in the Cit}r of Lubbock, Lubbock County, Texas, the acquired for public purposes and municipal purposes as set forth in the pxeamble hereof, to-rait: Parcel No. 2- for storm water draina e easement BEGIi�NING at a point which is 1,350.00 feeti East and b93.00 feet North of the Sou�hwest corner of Section 44, Block AK, saa�d point being 25.00 feet North af the center lina of 32nd Street and on the East property �ine of Kewannee Avenue; THENCE East 575.00 feet ta a point; THENCE South 50.00 feet to a point; THENCE West 575.00 feet to a point; THENCE North 50.00 feet to the PLACE OF BEGTNNING. (Gontaining 0.66 acres). SECTiON 3. THAT �he owners of said .land including Arch G. Lamb, and wife, Mina W. Lamb, and Ilse Wall, a femme so1e, be offered through the Right-of-Way Departmene of the City � of Lubbvck the amount o€ $5,65a.00, is the amount appraised as the value and total damages for the fee simple tirle and easement title acquisition of said real estate hereinabove descxibed ior the purposes herein s�.ated, for the use and benefit of the Ciry of Lubbock, lo.cated in Lubbock County, Texas, and unZess accepted forthwith the Ci.ty Attorney of said City of Lubbock is hereby authoxized and instructed to institute condemnation (eminen� domain) proceedings to acquire the fee si.mp�e title and storm water drainage easement ti�le to said Zand as hereinabove described for public purposes and municipal purpases. Passed by the City Cvunci�. this 11th day af Januar�, 1979. /s/ Dirk West DIRK WEST, MAYOR � I ATTEST: /s/ Evel n Gaff a Evelyn Gaffga, City 5ecretary-Treasurer APPROVED AS Td FORM: /s/ .T. Worth Fullin im J. Worth Fullingim, Assistant Ci�y Attorney APPROVED AS TO CONEN'�' : /s/ Tom Nivens Tom Nivens, Right-Of-Way Department � 22 �� , � 197s This property acquisiCFon would be to provide the east one-ha].f of Kewanee Avenue from 26th Street to 34th Street and for a drainage easement at approximately 32nd Street east to the lake area on the 1.and property. The formal offer is in the amount of $5,650. 79-38-22-26 Resolution No. 10 (25) Consider a resolution making a€ormal. offer, and, authorizing_condemnation roceedin s if no� acce ted to Robert A. Gentr for a arcel of Zand ^ out of Section 13, Block E-2. JWF:hw RESOLUTION WHEREAS, the City of Lubboc�C, Texas, a Home Rule Municipality �ocated in Lubbock County, Texas, has determined and does hereby determine the pub].ic needs, safety, and welfare demands and creates a p�bi.ic necessitp for �he widening, constructing, reconstructing, and expansion and improvemenr of the public drainage facili�ies of sa3d City i�n said Citq creating a need for an additional drainage easement by said City at accomp�ish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed wfth the acqufsitian of drainage easement title to land as needed for such p�rposes as aforesaid; NOW THEREFORE: BE IT RESQLVED BY THE CITY COUNCIL OF THE CrTY OF LUBB4CK: SECTTON 1. THAT a drainage easement title for public drainage in, upon, along, over, and across tYee fol.Iowing described real estate located in Lubbock Co�nty, Texas, be acguired for public purposes and municipal purposes as set forth in the preambJ.e hereof, to-wit: A parcel of land out of Section I3, Block E-2, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which is 8�6.00 feet North and 40.00 feet West of the 5outheast corner of the Northeast Quarter of Section 23, Block E-2; '�HENCE South 10.00 feet to a point; THENCE West 600.00 feeC to a point; THENCE North 20.00 feet ta a point; THENCE East 600.00 feet to a point; THENCE Sauth 1p.Qp feet to the PLACE OF BEGINNTNG. (Containing 0.275 acres.) SECTION 2. THAT the owners of said Iand 3ncluding ROBERT A. GENTRY, BE offerec3 through the Right--af-Way Department of the City oi Lubbock the amount of OI�E THOUSAND FOUR HUNbRED DOLLARS ($1,400.40) which is the amount appraised as the value and tatal damages for the public drainage easement ti.tle acquisition of said real estate nereinabove descrfbed for the puxposes herein stated, for the use and benefit of the City of Lubbock, I.ocated in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City oi Lubbock zs hereby authorized and instructed to institut2 condemnation (eminent domain) proceedings to acquire the drainage easement title to said land as hereinabove described for publ.ic purposes and municipa2 purposes. Passed bq the City Council th�,s lZth day of Januar 197q, � ATTEST: /s/ Dirk West DIRK WEST, MAYOR /s Evelyn Gaff�a Evel.yn Gaffga, City Secretary-Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Full.ingim, Asszstant City Attorney �his is for drainage easements from University Avenue to the �ake on tI�e Gentry property. The formaZ offer is in the amount of $2,40p. �3 JAN ; ? 197� - ,.,�. . -_ ��..-- ----�� -n.� - -.� _ . . -- - ,. _ .. ,� �, 7�9-38-23--27 (26) Resolution No. 11 Consider a resalution makin a formal offer and authorizin condemnation roceedin s if not acce ted to Juanita Senaett for a arcal of land out of Section 7$, Blo�k A. RESOLUTIDN WHEREAS, the City of Lubbock, Texas, a Home Ru1e Municipality located in Lubbock County, Texas, has determined and daes hereby determine the public needs, safery, and rarelfare demands and creates a public necessity for the widening, constru�t�ng, reconstructfng, and expansion and improvement of Ursuline Street and North Avenue H for public street purposes and public street uses in said C�.ty creating a need £or additional right-of-way by sai.d City to accompli.sh such purposes and thi.s City Council of said City finds it to the best pub�ic interest and for pub�ic purposes and municipal purposes to proceed with the acquisition of lands as needed foz such purposes as aforesaid; N4W THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LT3BBOCK: SECTIQN 1. THAT tha fee sfmple title to the following described real estate located :Cn Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preambl.e hereof, to-wit: A parcei of land out of Section 78, Block A, Lubbock County, Texas, being more particularly described as foZlows: BEGINNING at a point which is 2,665.00 feet East o£ the Southwest corner of Section 78, Block A; THENCE East �.5.00 teet to a point; �` TAENCE I3orth 25.00 feet to a point, said point be�ng the beginning � of a 15.00 foot curve in a Northwesterly direction whose radius point bears 13orth 15.00 faet and having a delta angle of 90° and having an arc length of 23.56 feet; $ THENCE aronnd said 15.00 foo� curve in a Northwesterly da.rect�.on an arc length distance of 23.56 feet to a point; THENCE South 40.00 feet to the PLACE OF BEGINNING. SECTION 2. THAT the awners of said land including Juanita Bennett, BE offered through the Right-of-Way Department of the City o€ Lubboc�C the a�ount af $100.00, which is the amount appraised as the value and total damages ior tha fee simple tftie and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, locatied 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 fee simp].e title to sa�.ci land as hereinabove descr�bed £or public purposes and municipal purposes. Passed by the City Counc�.1 this lith day of Januaxy ,1979. /_s_/ �irk West DIRK WEST, MAYOR 4 ' 79-38-23-28 �z�) ATTEST: /s/ Evelyn Ga�a _ __ Evelyn Gaffga, City 5ecretary-Treasurer APPROVED AS TQ FORM: /s/ ,I. Worth Fullingim J. Wortih Fulling�m, Assistant City Atitorney Resol�tion No. 12 Cons3.der a resolution makin� a for►ua1 offer � and, authoxiz�.ng condemnation proceedings �f not accepted to Donna Lynd, Karen Brazier and Linda Chapman for a parcel of land out of East Side Addition. JWF:hw RESOLTITYON WHER�AS, the City of Lubbock, Texas, a Home Ru1e Municipality located in Lubbock County, Texas, has determined and does Itereby determi.ne the pubZic needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstiructing, and expansion and improvement of Ute Avenue and East 1Qth Street for public street purposes and publ.ic street uses in said City creating a need for I i I �� AN � � 197g � of said City finds it to tH� best pubZic interest and for public purposes and m�nicipal purposes to proceed wirh the acquisition of lands as needed for such purposes as aforesaid; NOW THEREk'ORE: BE IT RESdLVED BY THE CITY COUNCIL OF THE CITY OF LUBBdCK: SECTTON 1. THAT the fee simple title to the follawing described real estate locatied in Lubbock County, Texas, be acquired for public purposes and municipa� pnrposes as set forth in the preamble hereof, to-wit: A parcel of land out of East Side Addition to the City of Lubbock, Lubback County, Texas, be�ng more particularly described as follows: BEGINNTNG at a point which is 25.00 €eet West of the Southeast corner o£ BZock 1, East Side Addition; THENCE North 25.00 feet to a point, said point being the begin- aing of a 15.00 foat curve whose radius point bears West I5.00 £eet, and having a deZta angle of 90° and an arc length of 23.56 feet; THENCE around said 1S.Ofl foot curve in a SoutI�westerly direction a d�stance of 23.56 feeC to a point; THENC� South 10.00 feet to a point; THENCE East 15.00 feet to the PLACE OF BEGINNING. SECTIOI3 2. THAT the owners of said land including DONNA LXND, KAR�N BRAZTER, and LTNDA CHAPMAN, BE offered through the Rfght-of-Way Department of the Ci,ty of Lubbock the amount of ONE HUNDRED AND NO/I40 DOLI,ARS ($I00.00), which is the amount appra�sed as the val.ue and total damages ior the fee simple title and acquisition of said real estate 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 farthwith the City Attvrney of said City of Lubbock �s hereby authorized and instr�cted to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said lana as hereinabove described for public purposes and municipal purposes. Passe� by the City Council this llth day of Jan�ary . ,�,1979. /s/ Dirk West DIRK WEST, M,p,ypR ATTEST: /s/ Evel� Gaffga EveZyn Gaffga, City Se�retary-Treasurer APPROVED AS TO FORM: /s/ J. Worth Fu11in im J. Worth Fu1l.ingim, Assistant City Attorney 79-38-24-29 (28} ResoZution No. 13 Consider a resolution makin a formal offer roceedin s if not acce ted to Car1 Wilson a arcel of land out of Section 4 Block 0. JWF:hw RESOLUTTON -- -- __ - - _� -� � -- � � condemnation son for WHEREAS, the City oi Lubbock, Texas, a Home Ru1e Mun3cipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, saiety, and welfare demands and crea�es a public necessity for the widening, constructing, reconstructing, and expansion and improvement of Ute Avenue for public street purposes in said City creating a need for additiona2 right-of-way by said City to accomplish such purposes and this City Council of saia City finds it to the best public interest and fox public purposes and municipa2 purposes to praceed with the acquisftion oi Iands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LU$BOCK: SECTION I. THAT the Fee simple title to the fol�owing described real estate located in Lubbock County, Texas, be acquired for pubZic purposas and munic�tpal purposes as set forth in the preambZe hereof, to-wit: A parcel of ].and out of Section 4, Block 0, Lubbock Coun�y, Texas, be�.ng moze particularly described as fol.lows: BEGINNING at a point whieh is 30,Q0 feet North and 20.00 feet W@St O� t�'lA Sntihha�or .,,.....,,_ _� .. ,. _ ar�d authoriz nd Car�a Rose � � �5 �aN s � rQr� ,..�.- of the Northwest one-fourth (NW 1/4} of the Northwest one-fourth � (I�W 1/4) of Section 4, Block 0; i THENCE West 25.00 feet to a point, said point bei.ng the beginning of a 15.04 foot curve in a NorCheasterly dire�tion, the radius poi�t of which bears North 15.00 feet and having a delta angle of 90°, a tangent length of 15.00 feet and an arc length of 23.56 feet; � THENCE around said 15.00 foot curve in a Northeasterly direction an arc length df.stance of 23.56 feet to a point; THENCE North 290.50 £eet to a point; THENC� East 10.00 feet to a point; THENCE South 305.50 feet to the PT,,ACE OF BEGINNING. � /s/ Dirk West DIIiK WEST, MAYOR r 791-38-25-30 (29) SECTION 2. THAT the owners of said land including CARL WZLSON and daughter, CARLA ROSE WILSON, BE offered Chrough the Right-of-Way Department o� the City of Lubbock the amount of ONE HUI31?RED SEVENTY-FIVE DOLLARS {$175.00), which is the amount appraised as the value and total damages for Che fee simple title and acquisition o£ said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City af Lubback, located in Lubbock Caunty, Texas, and unless accepted forthwith the City Attorney of said Gity of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for publ�.c purposes and municipal purposes. Passed by the City Council this 11th day of_ January ,i979. ATTEST: /s/ Evelyn Gaffga _ _ Evelyn Gaffga, City Secretary-Treasurer APPROVED AS TO k'ORM: /s/ J. Worth Ful�.in im J. Worth Fullingi.m, Assistant City Attorney Consider a resolution makin a formal offer and authorizin condemnation roceedin s i.f not acce ted to L. D. S eer for a arcel of �and out of Section 4, Blk. 0. Resolutipn No. 14 RESOLUTION e ; WHEREAS, Che Cxty of Lubbock, Texas, a Home Rule Municipality Iocated in L�bback County, Texas, has determined and does hereby determine the pubZic needs, safety, and welfare demands and creates a pubZic necessity for the widening, constructing, reconstructing, and expansion and improvement of Ute Avenue �or pub].ic street purposes in said City creating a need for additional right-of-way by said Ci.ty to accomplish such purposes and this City Council of said City' ff.nds it to be the best public interest and ior public purpases and municipal purpases to pro�eed with the acquisition of lands as needed for such purposes as a€oresaid; NOW THEREFORE: BE IT RESOLVED BX THE CITY COUNCIL OF THE CITY OF LU$BOCK: SECTION l.. Ti�AT the fee simple tiftle to the following described rea� estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as se� forth in the preambie hexeof, to-wit: A parcel of land out of Section 4, Block 0, Lubbock County, Texas, being more particularly described as £ollows: BEGINNYNG at a point which is 500.50 feet North and 20.00 feet Wesr of the Southeast corner of the Southeast one-fourth (SE 1/4) of the Norrhwest One-fourth (NW'3/4) of Se�Cion 4, Block 0; THENCE West 10.00 feet to a point; THENCE North 134.50 feet to a point; THENCE East 10.00 feet to a point; THENCE South 134.50 feet ta the PLACE OF BEGINNING. SECTION 2. THAT the owners of said land �.ncluding L.D. SPEER, BE offered th�ough 2b JAN � 1 i979 __ _ ... _._ _ _ _�_ _. . . - _ _ ---„ _- .� and acquisition of said real estate 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 af said City of Lubbock is hereby authorized and instructad to institute condemnatian {eminent domain) proceedings to acquire the fee simple titZe to said land as hereinabove described for public purposes and muni�ipaZ purposes. Passed by the City Council this llthday of___ January _. ^,�g79, � p 7�-38-26-31 (30) ATTEST: /s/ Dirk West DiIZK WEST, MAYOR /s/ Evelyn Gaffga . _ EVELYN GAFFGA, City Secretary-Treasurer APPR�VED AS T4 FaRM: /s/ J. Worth FulZin �n J, WORTH FULLINGIM, Assistant City Attorney Resolution No. i5 Consider a resolution mak roceedin s ii not acce t of Sectfan 15 Block A. zin condemnation el of land out ; a formal of€er,_and, aut' to John�W. Dennis far a RESOLUTION WHEREAS, the City of L�bbock, Texas, a Home Rule Municipa].�Lty Iocared in Lubbock County, Texas, has determined and does hereby detiermfne the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing, and expansion a�d improvement of Cypress Road for public street purposes in said City creating a need for additioaal rfght-of--way by said City to accomplish such purposes and this City Council of said C�ty finds it to the besti public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RE50LVEA BY THE CITY CQUI�CIL 0� THE CITY 0� LUBBOCK: SEC�iON Z. THAT the fee simple title tio the foZlowing described zeal estate located in Lubbock County, Texas, be acquired for public purposes and municipal. purposes as se� forth in the preamble hereof, to-wit: A parcel of laad out of Section 15, B1ock A, Lubbock County, Texas, being more particularly described as follaws: BEGINNING at a point which is 2630.10 £eet East and 690.b8 feet South of the Northwest corner of Section 15, BZock A; THENCE South 35° 1S' Wes�, along the existing West property line af Cypress Road 35.67 feet to a point; THENCE North 0° 07` East 43.62 feet to a point; THENCE South 54° 45' East 25.20 feet to the PLACE OF BEG�NNING, SECTiON 2. TI�AT the ownexs o� sai@ land including John W. Dennis, BE offered thrpugh the Right-of-Way Departmenti o� the City of Lubbock the amount of $100,00, which is the amount appraised as the value and totai damages for the fee simple title and acqufsition of said real estate hereinabove descrzbed for the purposes herein stated, for the use and benefit of the Citq of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attarney of said City of Lubbock is herehy authorized and �nstructed to institute condemnation (eminent domain) proceedings ta a�quire rhe fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City CounciZ this llth day of__ _January __ ^_,1979. ATTEST: /s/ Evel Gaff a Evelyn Gaffga, City Secretary-Treasurar APPROVED AS TO FORM: /s/ Dirk Wast DIRK WEST, MAYQR /s/ ,7. Worth Fu11in im J. Worth Ftsllingim, Assistant City Attorney � 2� JAN � 1 ��7Q '�' i 79-38-27-32 (31) i WHEREAS, rhe City of Lubbock, Texas, a Home Rule Municipality located in Lubbock I Countiy, Texas, has determined and does hereby determine the public needs, safety, � and welfare demands and creates a public necessity for the widening, constructing, xecanstructing, and expansion and improvement of Ute Avenue for public street purposes xn said City creating a need for ac3ditional right-o£-way by said City to accomplish I such purposes and this City Council of said C�.ty f�,nds :Ct to be the best public :� i.nterest and for public purposes and municipal purposes to proceed with the acqu�sition � of lands as neaded far such purposes as aforesaid; NOW THEREFORE: RESO�i3��ON �' BEGiNNING at a point which is 335.50 feet North ant� 20.00 feet Wes� of the Southeast corner vf the Southeast one-fourth (SE 1/k) of the Northwe�st One-fourth (NW 1]'4)-of�the Noxthwest one-fourth (NW 1/4) of Sec�ion �►, Block 0; Passed by the City Council this llthday of_ ,Tanuary _._,197g, /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s / Evelya Ga£fga , . . __. •-,----•-- EVELYN GAFFGA, City Secretary--Treasurer AP1'ROVED AS TO FORM: /s/ J. Worth FuZlingim J. Worth Fullingim, Assistant City Attorney I � Consider a resolution maka.n a formal offer and authorizin Qroceedings if not accepted, to Jose Cano and Lena Cano for a of land out of Lot 14� Black 2, S: W._McGaw Addition. � JWF:hw RE50LUTION [ � . Resolution Na. lb . _ ._ : . --� T�-- �---� - � Cansider a resolution makin a forma]. of£er and authorizin condemnation proceedi.ngs if not accepted, to otaners for a parcel of land out of Section 4, Blocic 0. � BE IT RESOI,V�A BY THE CITY COUNCTL OF THE CITY 0� LUBBOCK: SECTZON 1. THAT the fee simpie title to the fol�.owing described reaZ estate located in Lubbock County, Texas, be acquired £or pub�ic purposes and munfcipal purposes as set forth in the preambl.e hexeof, to-wit: A parcel of land out of Sectioz� 4, Block 0, Lubbock Coun�y, Texas, being more particular�y described as follows: THENCE West 10.00 feet to a point; THENCE North 165.00 feet to a point; THENCE East 10.00 feet to a point; THENCE Sou�h �65.Q0 feet to the PLACE OF BEGINNING. i� SECTIQN 2. THAT the existence or present whereabouts of the apparent record �� owner or owners of the property hereinabave descxibed are unknown to rhe said City of Lubbock; however, if such owner or owners are as�ertained before the filing o€ Condemnation praceadi.ngs herein (if such proceedings are filed) then such owner or owners sha11 BE offered tI�roug� the Right-of-Way Department of the City of Lubbock the amount af $125.00, which is the am�unt appraisad as the value and total damages � for the fee simple titl.e and acquisitian of said real estate here�nabove described . for the purposes herein stated, ior the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City A,tCorney of said City of Lubbock is hereby authorized and :Enstructed to institute condemnation (eminent domain) proceedings to acquire Che fee simpl.e titZe to said �and as hereinabove � described for public purposes and municipal purposes. , 79-38-27-33 Resolution I3o. 17 {32) WH�REAS, the City of Lubbock, Texas, a Home Rule Municipa].ity located in Lubbock Caunty, Texas, has determined and does hereby deterurine the public needs, safety, and wel.fare demands and creates a public necessity �or the widening, constructf.ng, reconstructing, and expansion and improvement of Redbud Drive for p�blzc street purposes in said City creating a need for additional right-of-way by said City to anrmm�7 i a}i a,�n1� n„r...-.c+,ac+ .,...7 fL.A.. !�� _. n.........s 1 ..r ..__ � ns ..__ c., . � . . . .. . . 28 J A I� � � �979 acquisition of lands as needed for sueh purposes as aforesaid; I30W THE1tEFORE: BE IT RESOLVED BY THE CITY COtJNCIL OF �HE CITY OF LUBSOCK: SEC�ION I. THAT the �ee s:Lmple title to the iollowing described real estate located in Lubbock County, Texas, be acquired for public purpases and municipal purposes as set forth in the preamble hereof, to-wit: A parcel of land out of Lot 14, B1ock 2, S.W. McGaw Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described as follows: BEGII�I3ING at a point which is the Nartheast corner af Lot I4, B1ock 2, S. W. McGaw Addition; THENCE South 150.00 feet to a point, said point being the Southeast corner of said Lot 14, Block 2, S. W. McGaw Addition; THENCE West 30.00 feet to a point, said point bei.ng the beginning of a 15.00 Eoot curve in a Northeasterlq airection whose radi.us point bears North i5.00 feet, and having a delta angle of 90° and having an ar� length distance of 23.5b feet. THENCE around said �.5.00 ioot curve in a Northeasterly direction an arc length distance of 23.56 feet to a point; THENCE North 135.00 feet to a point; THENCE East 15.00 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owziers of said land including JOSE CANO and wife, LENA CANO $E offered through ihe Right-of-Way Department of the City of Lubbock �he amount of TWO HUNDRED FIFTY AI3D Na/100 DOi,LAR5 ($250.00), which �.s the amount appraised as the value aad total damages for the fee simple title and acquisition of safd real estate I�ereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located zn Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby autharized and instructed to institute �andemnatioa (em�nent damain) proceedings ta acquire the fee simple title to said land as hereinabove described far public purposes and munic�pal purposes. Passed by the Citiy Council this llth day of Januar , 1979. /s� Dirk West • -- ,-•--.- DIRK W�ST, MAYOR ATTEST: /s/ Evel Gaff a Evelyn Gaffga, City 5ecretary-Treasurer APPROVED AS TO FORM: /s/_ J. Worth Fullin�im _ J. Worth Fu].lingim, Assistant City Attorney 7 �}-38-2$-34 Resolution No. 18 (33) Consider a resolution makin$ a formal offer, and, authorizin� condemnation roceedin s if not acce ted to Tom French for a arcel of �land aut of Block 14, Suburban Homes Addirion. ,iWF : hw RESOLUT�ON WHEREAS, the City o€ Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determfned and does hereby determine the pub�.ic needs, safety, and welfare demands and creates a public necessity for the widening, eonstructing, reconstructing, and expansion and improvement of k6th Street for public street puxposes in said Citq creating a need ior additional right-of-way by said City to accomplish such purposes and this City Councii of said City tinds it to the best public interest and for publ�c purposes and municipal purposes to proceed with the acquisition of lands as needed tor such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF �HE CTTY OF LUBBOCK: SECTYON ].. THAT the fee simpZe title ta the following described reaZ estate located in Lubbock Caunty, Texas, be acquired for public purposes and municipal purposes as set forth in the preamb�e hereof, to-wit: A parcel of land out of B�,ock 14, Suburban Homes Addition to the i'�itsv nf T,.1.1.....L 7..1.5.....1. n....�.�__ m_____ t_:_� ....-,-- ---.._. • v �9 JAN Y � ��7� _ - {, ��._r __ _ �,� _ zf-- � BEGINNTNG at a po�nt which is the Southwest corner of B1ock 14, Suburban Homes Addition; THENCE North I0.00 feet to a point; THENCE East 291.00 feet to a poi�t; � � TiiEI3C� South 10.00 feet to a point, said point being the Southeast corner of said Block 1�+; THENCE West 291.00 feet to the PLACE OF BEGINl�iING. SECTION 2. THAT the owners of said land including TOM FRENCH BE offered through the Right-of-Way Department of the City a£ Lubback the amount ot NIN� HUNAREA TWENTY- FIVE AND NO/100 ($925.00), which is the amount appraised as the value and tota�. damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes heref.n stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fe� s:Emple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this llth day of_____Januarq ,1979. /s/ Dirk West DIRK WEST, MAXOR 78-38-29-35 (34) ATTEST: /s/ Eve1�n Gaffga .._ Evelyn Gaffga, City Secretary-Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fn1l.ingim, Assistant Citq Attorney Resolution No. 19 Consider a resolution making a formal offer, and2 authorizing candemnation roceedin s if no� acce ted to J. B. Roberts ior a arcel of Zand�out of_Lot_$� Block 17, Suburban Homes Addition. RESOLi1T IdN 1 WHEKEAS, the City of Lubbock, Texas, a Hame Ru1e Municipality Iocated in Lubbock County, Texas, has determined and does hereby dete7:mine the puhlic neeas, safety, and we7.€are demands and creates a public necessity for the widening, constructiing, recanstructing, and expansion and improvement of 4bth Street for public street purposes in sa�.d City creatfng a need £or additionaZ right-of-way by said City to accomplish such purposes and this City Council of said City finds it to �he best public interest and for public purposes and municipal purposes to proceed wzCh the acquisition o£ lands as needed for such purposes as afvresaid; NOW THEREFQRE: BE IT ].tESOLVED BY THE CITY COUNCIL OF THE CYTY OF LUBBOCK: SECTION 1. THAT the fee simple title to the follawing c3escribed real estate located in Lubbock County, Texas, be acquired for public purposes and municipal gurposes as set forth in the preamb�e hereof, to-wit: A parcel of land out of Lot 8, Block 17, Suburban Homes Addition ta tihe City of Lubbock, Lubbock County, Texas, being more part�cu�arly described as £a�lows: B�GINNING at a point which is 35.40 feet South of the Northeas� corner of Lot 8, B1ock 17, Suburban Hames Addition; THENCE South 10.00 feet to a point; THENCE West 112.50 feet to a point, said poznti being the beginning of a curve to the right, the radius point of which bears North 15.00 £eet and having an arc length distance a£ 23.56 feet and a delta angle 1 of 90°00'00"; THENCE around said curve to the right an arc length of 23.56 feet to : a point in the West line of said Lot 8, B�ock I7, Suburban Homes Ad- dition; THENCE I�arth, along the West property line of said Lot $, a distance of 10.00 feet to a point, said point being the beginning of a curve in a SoutheasterZy direction, the radius point of which bears East �S.if�) fapt ar�r3 ha��inu an arn lonntl, ri��t.,.,.+r. "F �� Cti F....« ..,...7 .. .t..�.... 3� JAN � � j�79 THENCE around said curve to the left an arc length of 23.56 feet to a point; THENCE East 112.50 ieet to the PLACE OF BEGINNING. SECTION 2. THAT the owners of said land including J.$. Roberts, BE ofiered through the Right-of-Way Department of the City of Lubbock the amount of $300.00, witi.�h is the amaunt appraised as the value and total damages for the fee simple title and acquisition vf said real estate hereinahove described for the purposes herein stated, for the use artd benefit of the City of Lubbock, located in Lubbock j County, Texas, and unless accepted forthwitih the City Attorney of said City of Lubbock � is hereby authorized and instructed to institute condemnation (eminent domain} proceedings to acquire the fee simple title to said land as hereinabove described �or public purposes and municipal purposes. Passed by the City Council this llth day of Januar ,�g79, s U�.rk West � � DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary-Treasurer APPROVED AS TO FORM: /s/ ,T. Worth Fu1lin�im ,� .i. Warth Fullingim, Assfstant City Attorney 79-38-30-36 Resolution No. 20 (35) Consider a resolution makin a fornral offer to Lubbock Inde endent School District for a arcel of land out of Lot 1 Block 2 S. W. McGaw Addition. RESOLUTION WHEREAS, the City af Lubbock, Texas, a Home Rule Muaicipality located in Lubbock County, Texas, has determined and does hereby detertnine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstiructing, and expansion and improvement of Redbud Drzve for public street � purposes in said City creating a need for additional right-of-way by said City to accomplish such purposes and this City Council of said City finds it to the best public interest and for public purposes and m�nicipal parposes to proceed with the acquisition of Iands as needed £or such purposes as aforesaid; NdW �'HEREFORE: BE IT RESOLVED BY THE CITX COUNCZL OF THE CITY OF Li�BBOCK: SECTION I. THAT the fee s�.mple title to the following descr3bed real estate Iocated in Lubbock County, Texas, be acqui.red for public purposes and municipal purposes as set €orth in the preamble hereoi, to-wit: A parcel of land out o€ Lot 1, Block 2, S.W. McGaw Additi.on to the City of Lubbock, Lubback County, Texas, being more particularly described as folZows: BEGIN�TING at a point which is the Northeast corner of Lot 1, Block 2, S.W.McGaw Addition; THENCE 5outh �50.00 feet to a point, said poi.nt being the Southeast corner of said Lat Z, Block 2, S.W. McGaw Addition; THENCE West 15.00 feet to a point; THENCE North 135.00 feet to a point, said point being the begfnning of a 15.00 foot curve in a Northwesterly direction whose radius point bears West 15.00 feet and having a delta angle of 90° and having an arc �ength of 23.5b feet; THENCE azound said 15.00 foot curve in a Northwesterly da.rection an arc length distance of 23.56 feet to a poin�; THENCE East 30.00 feet to the PLACE OF BEGINNING. SECTION 2. THAT the owners oi said land including Lubbock Independent Schoo� �� District, BE oifered through the Right-of-Way Department of the City of Lubbock the amount of $1,050.00, which fs the amount appraised as the value and total damages for the fee simple ta.tle and acquisition of sai.d real estate hereinabove described far the purposes herein stated, for the use and benefit of the Ci.ty af Lubbocic, located in Lubbock County, Texas. passed by the C�ty Council this llth day of _ January _ ^_,1979. s Dirk West 3� JAr� � � �a�� i ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treasurer 7 9-38-31-37 (36) APPROVED AS T4 FORM: /s/ J. Worth Fullingim .�. Worth Fulling�m, Assistant City Atitorneq These items are to provide the property necessary for street right-of-way for various Community Development paving projects. Resolution Ho. 21 Consider a resolution making a formal offer, and, authorizing condemnation proceedin$s_ �if not_ accepted, to Grace Wa�onex �for Lot ].1,, B1ack Z6, pnyii�s Wheatley Subdivision. � �� x�soLUTzaH �.. I 79-38-3I-38 (37) WHER�AS, the City of Lubbock, Texas, a Home Rule Municipality lacated in Lubbock County, Texas, has determined and does hereby determ3ne the public needs, safety, health and welfare demands and creaCes a public necessity for the constructing, reconstructing, and expansion and improvement of the sewer system of said City for the treatment and disposal o£ sewerage and reciamation of water in connecrion therewith in said City creating a need for additional land by said Ci�y to accomplish such purposes and this City CounciZ of said Citp finds it �o the hest public interest and for public purposes and municipal purposes ta proceed wiCh the acquisition of lands as needad for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BX THE CITY COUNCIL OF THE CITY OF LUBBOCK: SEC�ION 1. THAT tha fee simple tit�e to the following descr�bed real esta[e located in Lubbock County, Texas, be a�quired for publi� purposes and municipal purposes as set forth in the preamble hereof, to-wit: Lot il, Block 16, Phyl.lis WY►eatley Subdfvisian ta the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the ownexs of said land including Grace Waggoner, a femme sole, BE offered through the Right-of-Way Department of the City of Lubbock the amo�tnt o€ $504.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the p�srposes herein stated, for the use and benefit of the City of Lubbock, located in I.ubbock 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 acqu�.re the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this llth day of____January __ ,_.. ,1979• ATTEST: /s/ Evel�n Ga£fga Evelyn Gaffga, C�ty Secretary-Treasurer APPROVED A5 TO FORM: /s/ Dirk West DIRK WEST, MAYOR /s/ J. Worth_�ulli,n im J. Worth Fullingim, Assistant City Attorney Resalution No. 22 Consi.der a resolution making a formal offer, a roceedin s if nor acce ted to owners for Lot Wheatle Subdivision. authorizin condemnation Block 16, Phyl.lis RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has deternained and does hereby determ�ne the pubI.ic needs, safety, health and welfare demands and creates a pnblic necessity for the constructing, reconstructing, and expansion and improvement of the sewer system of said City for the tireatmeat and d�sposal of sewerage and reclamation of water in eonnection therewith in said City creatin� a need for additional 7an� r� G�i� r.;r�� t� �...,,,m..ya..,. ......�. � � 32 � 1 ' '' � - �AN � �� lands as needed for such purposes as aforesaid; NOW THEREFORE: BE ZT RESOLV�D BY THE CITY COUNCIL OF THE CiTY d�' LUBBOCK: SECTYON 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and manicipal purposes as set forth in the preamb�.e hereof, to-wit: E,ot 8, Block 16, Phyllis Wheatley Subdivision to the City of Lubbock, Lubbock County, Texas. SECTION 2. THA.T the owners of said �.and iacluding Henry High and wife Golena High, and I,arenzo State Bank, BE offered through the Right-of-Way Department of the City of Lubbock the amount of �400.00, which is the amount appraised as the value anci tiatal damages for the fee simple title and acquisition of said real estate hereinabove descri'bed for the purposes herein stated, for the use and benefit of the City of Lubbock, Iocated in Lubbock County, Texas, and unZess accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and fnstructed to institute condemnation (eminent domain} proceedings to acquire the fee simple title to sa�,d land as hereixtabove described for publ.ic purposes and municipal purposes. Passed by the City Council this 11th day of Jan�ar ,�,97g, ATTE5T: /s/ Eve1 Gaff a Eve�yn Gaffga, Ci.ty Secretary--Treasurer APPROVED AS TQ FORM: /s/ Airk Wes� DZRK WEST, MAYOR /s/ J. Worth Fullin im J. Worth FuJ.lingim, Assistant City Attorney 79-38-32-39 (38) Resolution Na. 23 Consider a resolution makia�; a roceedin s�if not acce ted to Ph lZis Wheat].e Subdivision. RES4LUTIQN 0 tion WHER�AS, the Ga.ty of Lubbock, Texas, a Home Rule Municipal.ity located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, health and welfare demands and creates a publ3.c necessity �or the canstructing, reconstructing, and expans:Con and improv2ment of the sewer sysrem of said City for tihe treatment and disposal of sewerage and reclamation of water in connecrion therewith in said City creating a need for additiona2 Iand by said City to a�complish such purposes and this City Cauaci], of sa�d Cfty finds it to the best public interest and for public purposes and municipal purpases to proceed with the acquisitian af iands as n�edea for such purposes as aforesaid; NaW THEREFOR�: BE IT RESOLVED BY THE CYTX COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple titZe to the following described real estate located in Lubbo�k County, Texas, be acq�ired for public purposes and municipal purposes as set forth in the preamble hereo£, to-wit: Lots b and 7, Block 16, Phyllis Wheatley Subdivision to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said land including David Grockett, BE offered through the Right-of-Way Department of the City of Lubbock the amount of $$00.00, which is tihe amount appraised as the value and total damages for the fee simp�e title and acquisztion of said rea], es�ate hereinabove described for the purposes herein stated, for the use and bene£it of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forthwith the City Attorney o€ said Ci�y of Lubbock is hereby authorized and instructed to institute condemnation (eminent damain ta acquire the fee simpZe title to said Zand as hereinabove described for publicroceedings purposes and municipal purposes. Passed by the City Council this I1th day of Januar ,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: formal offer and authorizin c owners for i.ots 6 and 7. Block � J � /s/ Evel n Gaff a R....'1 .��, n _ r� .. . _ 33 ,AN 1 �. 19�� - . _ - - - --- --- _ �4.� � �� APPROVED AS TO FORM: 79-38-33-40 (39) /s/ J. Worth Fuili.n im J. Worth Fu113ngirQ, Assistant City Attorney ResoZutiion No. 24 Consider a resolutian makin a formal offer and authorizin condemnation proceedings if not accept2d, to San Angelo By P�oducts Comp_any for Lots 1 2 3 10 and 12 t�rou h 22 Block 16 Ph 11is Wheatle Subdivision. RESOLUTION WCiEitEAS, the City of Lubbock, �exas, a Home Etule Munic�pa��.ty located in Lubbock County, Texas, has determined and does hereby determine the public needs, sa€ety, heaith and wel�are demands and creates a public necessity for the constructing, reconstructing, and expansion and improvement of the sewer system o€ said City for the treatment and disposal of sewerage and reclamation of water in connection therewith in said City creating a need for additional land by saa.d City to accomplish such purposes and this City Council of said City finds it to the best public interest and for pub�ic purpases and municipal purposes to proeeed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COiJI�TCiL QF THE CITY OF LUBBOCK: SECTIdN 1. THAT the fee simple title to the follow�.ng described reaJ. estate located in Lubbock Cauaty, �exas, be a�quir2d for public purposes and municipal purposes as set forth in the preamble hereof, to-wit: A parcel of Iand out af Block 16, Phyllis Wheatley Subdivision to the C3.ty of Lubbock, Lubbock County, Texas, being more particuZarly described as �ollows: Lots 1,2,3,10 and 12 through 16 (inclusive), Block 16, Phyll.is Wheatley Subdivision. SECTION 2. THAT the owners of said land including San Angelo By Produ�Cs Company, A Division of Beatrice Foods, Inc. of Chicago, Illinois BE offered thxough rhe Right-- of--Way Department of the City of Lubbock the amount of $9,100.�0, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for tihe purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and un�.ess accepted forthwith the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple ritle to said �and as hereinabove described �or public purposes and municipa� purposes. Passed by the City Council this �lth day of _____January ,1979. /s/ Dirk West DTRK WEST, MAYOR 79 -38-33-41 � (40) AT�EST: /s/ Evel n Gaif a Evelyn Gaffga, City Secretary-Treasurer APPROVED AS TO FORM: /s/ J. Wotth Ful].in im J. Wor�h Fu�lingim, Assis�ant City Attorney The above resolutions are formal offers for property necessary for the two digesters at the Southeast Water Reclamatfon P1ant. Motiian was made by Councilwoman Jordan, seconded by CounCi�man McAlister to approve Resoiutions No. 9 through 24, inclusive. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none votfng Nay. Resolut�on 130. 25 Consider raso],ution authorizing the Mayor to execute an A�ley iJse License to E. Z. Hogan,_ Jr. for a�l of the South one-half of the �Torth-South a1.1e in Block 138 Ori. inal Town. RESOLUTiON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 0�' LUBBOCK: 34 � AN � � �g7 � to execute for and on behalf of the C:Ltq of Lubbock an alley use Iicense in favor of E.Z. Hogan, 3'r., attached herewith which shall be spread upon the minutes of the Counc�l and as spread upon tha miautes of thi.s Council. shall constitute and be a part of this Resoiution as if fully copied herein in detail. Passed by the City Council this llth day of, January _ � ,1979. /s/ Dirk West DTRK WEST, MAYOR ATTEST: /s_/ Evelyn Gaffga Evelyn Ga�fga, City Secretary-Treasurer � APl'ROVED AS TO k'ORM: /s/ J. Worth �'uZlingim J. Worth Fullingim, Assistant City Attorney AI,,LEY USE LTCENSE THE STAT� OF �EXAS � COUNTY 0� LIIBBOCK � This indenture made this llth day of __January , 19�9, between the CiTY 0� L�TBBOCK, T�XAS, a Home Ru1.e Municipal Corporation, and E.Z. Hogan, Jr., Lubbock County, Texas, hereinafter called "LTCENSEE." WITNESSETH: � ' 5ub�ect to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LIC�NSEE, the right, privi�ege anc� license to use a portion of ded�.catied a11ey to construct and maintain said alley for parking and loading purposes, be�ng all of the South one-half of the 13orth-South Alley in Block 13$, Original. Town o€ the City of Lubbock, Lubbock County, Texas except a11 City of Lubbock � pu'blic services and Utilities and a11 public utilities franchised or perinitted to use said alley by the City sha�.l have contin�ed rights to use said alley and ingress, egress, and regress thereto. l. The eerms of this gxant shall be from year to year not to exceed twenty (20) years without renewal. by the City Council and the CITY OF LU�BOCK retains the right, at iCs electfon to cancel and xevoke this license, with or without cause, upon thirty (30) days notice to LYC�NSEE. Said notice shall be deemed properly served i� deposited in the post office, postage paid, addressed to LICENSE� at 2301-18th Stxeet, Lubbock, Texas or the I.ast known address o�' LICENSEE. Upon expira�ion or cancellation and revocation of �his ZiCense by the CITY OF LUBBQCK or the abandosunent of the license by �he LICENSEE, �he improvements that are permitted under this lfcense shall. be removed by the LICENSEE and the property shall be restored to �ts orfginal condition at no cast or expense to the CiTY OF LUBBOCK. In the event LICENSEE fails or refuses to remova such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against I.ICENSEE for which LIC�NSEE sha1l be liahie. 2. LICENSEE sha�l pay to the CITY OF LUBBOCK as a compensation for such grant the sum of TWO HUNDRED AND NO/100 ($200.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE. I! � ` 3. The LTCEN3EE agrees to pay aIl cosCs arising out of the exercise of this Iicense herein granted, incl.uding but not limited to the rep�acement and repairing of paving, sidewalks and utilities of any nature occasianed by the construction as authorized by th�s license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the reroutfng ar realignment of any public ut�l.ity, fran- chised utility, or sanitary or storm sewer line canstructed or to be constructed by the CITY OF LUBB4CK or franchised utility, LICENS�E agrees to reimburse the CITY OF LUBB4CK, or suc� utility, as the case may be, far its e�ense of such relocating or rerouting over and above the expense which would have bean incurred except for LICENSEE'S use herein. 5. This iicense is nvt trans£erable by the LTCENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 35 JAN I 1 �97g � b. This license is made subject to the condition that shou�d the LICENSEE exercise any right under the license herein granCed and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, Chen and fn that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and enap�oyees harmless from any and a11 claims, demands, actions, causes of action, suits at law ox in equity of whatsoever kind ar nature which may grow out of or be related to the �uaking of this Iicense or the construction or maintenance and nse permitted herein. The C�TY OF LUBBOCK, a� its option, may require an agreemen� wfth any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemrlify the CiTY OF LUBBOCK €rom and against all clairas, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further requ�.re such contractor, whe�n engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reZi.able surety bond, fn an amount and in the form satisfactory to the said CITY OF LiTBBOCK, guaranteeing the fafthful performance of all the terms, covenants and conditior�s contained in said agreement and a certified cnpy of a policy of publ.ic liabiZity assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITX OF LUB$OCK agrees to give notice to LICENSEE prior Co incurring any costs or expenses or the payment of any such claims or demands in oxder to give LICENSEE a reasonable opportunity to settle or adjust tha same. 7. LICENSEE agrees and is required to furn�sh a policy o£ public liabi�ity aad property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY QF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this Iicense sha11 be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors af the parties hereto to the same extent and effect as the same are binding upon and inure ro the beaefit of the parties hereta, but no assignment hereof by the T.ICENSEE, its successors and ass�gns, shall be binding upon the CZTY 0� LUBBOCK without the �onsent of the CITY OF LLiBBOCK in each instance except as specified in Paragraph Five (5). 9. I�ICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of passession are intended or implied except those exprassly set farth herein and LICEIVSEE waives any and alZ claims in and to the publ.ic way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termina�ion or cancelZation of thie license. CTTY OF LiJBBdCK ATTEST: BX /s/ Dirk West DIRK WEST, �IAYOR /s/ �ve�yn Gaffga Evelyn Gaffga, City Secretary-T�easurer AGREED TO AND ACCEPTED this 18 day of Janua 1979. � LICENSEE: E.Z. HOGAN, JR. B'Y /s/ E.�an, Jr. E.Z. HOGAN, JR. �� APPRQVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attarney� APPROVED: /s/ Wilfard D, Watson Wilford Watson ,City Engineer�� TiiE STATE OF TEXAS COTJ�ITY OF LUBBOCK � � BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas on this day personally appeared DIRK WEST, Ma.yor, known to me to be the person whose name is subscribed to the foregoing instr�aent and a�knowledged , to me that he executed the same as tha act and deed of the GITY OF LUBBOCK and ' as Mayor, for the purposes and consideration therein expressed and in tYte capacity therein srated. GIVEN UNDER MY HAND AND SEAI, OF OFFICE this 15th day of Januar 1979. � {Seal) My Commission expires: /s/ Ranette Bovd No�ary Public, Lubbock County,�Texas June 30, 7.980 �6 JAN � 1 ?979 THE STAT� OF T�XAS 79�-38-36-42 (4�} CaUNTY Ok' LUB$QCK � � � BEFORE ME, the undersigned authority, a Notary PubZic in and for said Co�nty, Texas on this day personally appeared E.Z. HOGAN, JR, known ta me to be the person whose name is subscribed to the faregoing instrument anc� acknowledged to me that he executed the same for the purposes and consideratian therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAi, OF OFk'TCE th%s i8 day of January , 1979. (Seal) /s/ Tom Nivens Notary Public, Lubbock County, Texas Tom Nivens My Commi.ssion expires 31st day of January 19$].. This alley use request is �ocated on 13th Street between Avenues A and E and is for loading purposes and parking. Mr. E. Z. Hogan states that they wi11 grant access for any utilities. The term of the license is for 20 years at $10 per year to be paid in a lump sum in advance. Motion was made by Counci].woman Jordan, seconded by Caunci.lman McAlister to pass said resalution authori2ing the execution of the a11ey use iicense to E. Z. Hogan, Jr. Motion carried: Mayor West, Mayor Pro Tem Henry, Council.woman Jordan, Councilmen Aderton and McAlister vati.ng Xea; none voting Nay. Resolution No. 26 Consider a resolution autI�arizing the Mayo_r to sign a Noriticataton of Grant Award - Title VIY Nutrition Pro�ect. __.__._ - - - • -- �-•-•--� .-- LGB:hw AESOLUTION BE IT RESOLVED BY THE CITY COtTNCY� OF TiiE CITY OP LUBBOCK: THAT the Mayor of the City of Lubbock BE and aLs hereby authori2ed and directed to execute for and on behalf of the Ci.ty af Lubbock a Notification of Grant Award- Title VII Nutrition Project, same being a supplement to Tit1e VII Graat already existing, attached herewith which shall be spread upon the min�tes of the Council and as spread upon the min�tes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detai].. 1'assed by the City Council this llth day o� Januar�r ____, 1979, /s/ A�rk West DIitK WEST, MAYOR ATTEST: /s/ Evelyn Gaff�a __ Evelyn Gaf€ga, City Secretary-Treasurer APPROVED AS TO FORM: /s/ Leon Bean Leon G. Bean, Assistant City Attorney *1VOTE: Or.iginal Donument file w:Cth Origina� Resolution No. 26 entitled "Authorizi�g Maqor to sign Notification of Grant Award-Title VII Nut��tion Pro�." This supplement to the existing Tit1.e VIi grant would provide $$,257 to fund an additional 25 tneals per day for the elderly. This supplemen�al grant would require no additional cost to the City since existing local credits will �over the additional funds. Motian was made by Councilwoman Jordan, seconded by Mayor Pro �'em Henry to pass said resol�tion. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Xea; none votfng Nay. 79-38-3b-43 Consi�er approval of instaZlation o£ 250._g�allon propane tank located i4�) at 2b04 Texas Avenue. ��— - '-'-' Mr. Ken Cal�away, Vfce President of Horkey LP Gas Company, Inc., requested permission to instaZl a 250 gailon propane tanic at Ti�ne-D.C. Zocated at 2b0�4 Texas Avenue. The purpose of th�s insta�lation is to refuel thei.r fork�ifts. The proposed installation is to be well protected by iences and guardrails and we11 isolated from existing buildings. I � � � 37 JAN �. � 19�9 � � Acting Fire Marshal, Robert Stokes, contacted Tom Petru of the Railroad Commission, and although the Railroad Comm�.ss�.on had not yet received a letter from Mr. Callaway, Mr. Petru indicated by telephone that if the tank were i.solated and protected properly by guardra�.l.s and properly installed, he would see no prabl.ems with granting the request. � 7� -38-37-�+4 (44) Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve referenced installati.on of the 250 gallon propane tank. Motion carried: Mayox West, Mayor Pro Tem Henry, Council.woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting I�ay. Gonsider transfer and renewal of taxicab permit. Mayor Pro Tem Henry presiding. Mr. Jim Sexton,dba Yellow Cab Company has requested that the transfer of an existing taxicab permit, the business being purchased from Brazos, inc. The annual report of the City Manager oa the Brazos, Enc. i978 operation under the taxicab permit was favorable and complied with all the requirements stip�lated in Ordinance No. 7565. City Attoxney John Ross indicated that �he apprapriate insurance policy refl.ecting the liability and perfarmance band, as required by the Ordinance, had been received. Motion was made by Councilwoman ,Tordan, seconded by CounciZman McAl�ster to approve and ranew the taxicab permit to O.J. Sexton, ,Tr., dba Xellow Cab Company, and authorizing the City Secretary to issue the permit to operate taxfcabs for the year 1979 upon payment of the required fee of $lOQ. Motion carried: Mayor Pra Tem Henry, Counciiwoman Jordan, Counc:Elmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Consider reso�ut�.ons supporting 1979 Legislative items. 7 9--38-37-45 (45) Resolution No.'s 28-35 KJ:hw WHEREAS, the growth af the City of Lubbock has resulted in increased traffic citations as we�l as problems created by the existing Municigal Court System requires a revision of the Municipal Court System in the City of Lubbock, NOW THE�.tE�'OR�: : BE IT RESOZVED BY THE CITY COUNCIL dF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby support legislation in Che upcoming 1979 session of tlte Texas Legislatnre which wou�d create a Muni�ipal Court of Aecord for the City of Lubbock, and The City Council would urge legislators from the Lubbock area to sponsor and support such legislation. Passed by the City Councll this /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff�a ___ Evelyn Gaf�ga, C3ty Secretary-Treasurer APPROVED AS TO FORM: /s/ Kenneth Jones Kenneth ,7ones, Senior Asst. City Attorney KJ:hw RESOLUTION H0. 28 llth day of January , 1979. RESOLUTION N0. 29 WHER�AS, cities in tihe State af Texas have found that as such citias continue to grow and traffic problems increase, that a need arises to establish a better methad o£ handling traffic citations and Municipal Court proceduras, NOW THEREFORE: BE IT RE50LVED BY THE CITY COUiJCTi, OF THE CITY QF LETBB4CK: THA� the City Cauncil of the City of Lubbock does hereby suppart and wi11 sponsor legislation in the upcoming 1979 legi.slative session of the State of Texas which won].d author:Cze any city to create on a local option basis as may be determined �iy its governing bodp, a Municipal Court of Recox'd; and The City Council urges legislators from the Lubbock area to support such legislarion. Passed by the City Council this llth day of ,Tanuar , 1979. 3$ J A N �. � i979 s Dirk West DIRK WEST, MAYOR ATTES�: /s/ Evelyn Gaffga ^__ Evelyn Gaf�ga, City Secretary-Treasurer APP1tOVED AS TO FORM: /s/ Kennetih Jones Kenneth Janes, Senfor Asst. City Attorney KJ:hw RESQLUTION N0. 30 WHEREAS, citizens af the cities of the State of Texas are entitled to know the fiscal implications of bi11s passed by the Texas Legi.slature effecting cities but the legislation which was introducea fn the 1977 legis�.ative sessian wauld have saddled cftiy governmental with prohibitive additional costs to furnish the iinancial information required under such legislation; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIZ OF THE CTTY OF LUBBOCK: THAT the City Council of the City of Lubbock supports amendments to the rule of the Senate and the House ot tl�e State af Texas which requires every bill with financial implications Eor cities to carry a f3scal note descrihing the impac� of the proposed measura on the effect units. THAT members of the legislature from the Lubbocic area are urged to support such iegislative ameadments. Passed by the City Council �his llth day of^ Jan�ary , I979. s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Eve1Xn Gaff�a_ Evelyn Ga�fga, City Secretary-Treasurer APPROV�D AS TO FORM: /s/ Kenneth .7ones Kenneth 3anes, Sanior Asst. City Attorney KJ : hw RES4LUTION N0. 31 WHEREAS some holders of state liquor licenses use various schames to exclude minorities from entering their prem�ses and such schemes are �elt to be dehumanizing to the individuals involved, NQW THEREFORE: BE IT RESOLVED BY THE CITY CDjJI�iCIL OF THE CITY 0� LUB330CK: THAT the City Counci� supports legislarion in the upcoming 1979 Zegislati.ve session of the State of �exas which would make the canviction of a local, state or Federal civii rights or anti-discrimi.nation law or ordinance grounds £or the suspension of a 1ic�uor license; and the rrtembers of the legislature from tihe Lubbock area are hereby urged to support such legislat�on. Passed by the City Council this llth ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treasurer APPROVED AS TO FQRM: day of .Tanuary _ , 1979. /s/ Dirk West DIRK WEST , MA'YOR s/ Kenneth Jones Kenneth Jones, Senior Asst. City Attorney � � �� 39 JAN � 1 1975 _ -�- -w---,�.� -�� -� - - - � - � � _ �,�� = - _ - _� _ - - -�-� - - - - � K.T : hw WkiEREAS, existing state laws require that the chiefs of police and fire chiefs of citfes must look to the eligibility list of candidaties when thep make appointments to the position immediately below such chiaf, and Passed by the City Council this Ilth day of Januar , 1979. /s/ Dirk West I}iRK WEST , MAYOR ATTEST: /s/ Eve].yn Gaffga _ _ Evelyn Gaffga, City Secretary-Treasurer APPROVEA AS TO FORM: /s/ Kenneth Jones Kenneth Jones, Senior Asst. City Attorney KJ:hw WH�REAS, present state laws provide for the axtension of Civil Service protection to applicants for Civil Service positions in the Fire and Police Departments and this law includes the appeal process on physical examinations for entry level applicants, I30W THEEtEFORE : BE IT RESOI.VED BY THE CiTY CO1Jl�1CIL OF TH� CITY OF �.UBBOCK: THAT �he City Council hereby supports legislation in the upcoming 1979 legislative session of the State of Texas which would amend Article I269tn, V.T.C.S. tio delete the appeal process on physi�cal examinations for entry level applicants, and THAT Che Lubbock area legislators are hereby urged to support such legislation. Passed by the Gitp Cauncil on this llth day af January ___, I979• /s/ Dirk West DiRK WEST, MAXOR ATTEST: WHEREAS such procedure dnes not always result in appointments which the chiefs feel would be in the best interest of their departments, 130W THEREFdRE: BE IT RESOLVED BY THE CITY COCINCIL OF THE CITY 0�` LUBBOCK: THAT the City Council hereby supports legislation z.n the upcaming 1979 legislaCive session of the State of Texas which wou].d amend Article 1264�a, V.T.C.S. to authorize Poli�e Chiefs and Fira Chiefs to ma.ke appointments to the classification immediately below the chief withaut regard to eiigibility. �'urther that such amendment provide the chiefs with the proper control of the administration of the department, and T�►T the members of the Lubbock delegation to the legislature are urged to support such legislation. /s/ Evelyn Gaffga __ Evelyn Gaf�ga, City Secretary-Treasurer APPROVED AS TO FORM: RESOLUTI013 N0. 32 RESOLUTIOI3 N0. 33 /s/ Kenneth Jones Kenneth Jones, Senior Asst. City Attorney KJ:hw WHER�AS, increased building cost and inilation have resulted in the requirement to ask for campetitive bidding on amounts over �H1tEE THOUSAND DOLLAItS ($3,040) to be an unreasonab].y low figure and one which creates hardships and, in some instances, resulting in no bids an sma11 contracts to be 1et by cities, NOW THER�FORE: RESOLUTION N0. 34 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ' THAT the City Council hereby supports legislation in the 1979 legislative session of the 5tate of Texas which would amend Article 1368a V.T.C.S. to raise the amount of contracts which require competitive bidding from $3,000.00 to $5,000.00, and �0 JAN � 1 �979 �_ � - � - � �. - - - - � _ - � _� _��- � _ � - _ -- .. _ � _ The legislators from the Lubbock area are hereby urged to support such legislatian. Passed by the City Council this llth day of January , Ig�g, ATTEST: /s/ Eve1 n Gaffga Evelyn Gaffga, City Secretary-Treasurer APPROVED AS TO FORM: /s/ Kenneth Jones Kenneth Jones, Senior Asst. City Atitorney KJ:hw RESOLI7TION N0. 35 79-38-40-46 (45-A) s Dirk West DIRK WEST, MAYOR WHEREAS existing state laws do not permit cities to extend the application of the�r b�ilding, electrical, plumbing and housing ordinances to areas outs3de th2ir city limits but within their extra-territorial limits, and W�iEREAS, tI�e lack oi proper control o�ten results in substandard subdivisions being canstru�ted which create many problems for the adjoining cities especially when such areas are annexed, NOW THEREFQRE: BE TT RESOLVED BY T'HE CITY COiTNCIL OF THE CITY aF LUBBOCK: THAT the City Council supports legis7.ation in the upcoming 2979 legislative session of the State of Texas which would extend the powers of cities in particular their building, electr3cal, plumbing and housing codes to the extra-territorial area around such cities, and THAT the members of the Lubbock delegation to the 1979 legislature are urged to support such ].egislat�on. Passed by the City Council this llth _^ day of Januar — � 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evel n Gaff a Evelyn Gaffga, City Secretary-Treasurer APPROVED AS TO FORM: /s/ Kenneth ,�ones Kenneth Jonea, Senior Asst. City Attarney A thorough discussion by membars of the Co�ncil ensued with respect to alZ items of interest to the City of Lubbock that appeared on the proposed 1979 Legislative Progra�n (on file attached to Resa�ution No. 2$). The Number One priority for the City of L�bbock was the matter oF creating a M�aicipal Court oi Record, and it was £elt by a11 members of the Cauncil that this shouZd be our main thrust, and to communicaCe to our elected public offic�tals in A�stin our strong feeling in this regard. It raas also agreed by members of the Council that our eZected officials should be supportive oF those matters listed in Resolution Numbers 29-35, inclusive but agafn stress the "sponsorship" of Resolution No. 2g - a Municipal Court of Record. FoZlowing a21 discussion, the motion was made by Councilwoman ,Tordan, seconded bq Mayor Pro Tem Henry to pass ResaZutfon No. 29 refI.ecting the sponsorsttip and supportiveness for the creation of a Municipal Court of Record, and Resolution NtuQbers 28-35, incZusive, reflecting support for the respective items stated therein. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoma.n Jordan, Councilmen Aderton and McAZ�ster voting Yea; none voting Nay, Resolut�on No. 39 Gonsider reso�ution authorizin the Ma or to execute a S ecia� Warran Deed betwreen the Cit and Lubbock Industrial Foundation Inc. K.T: hw � � JL� 1J � ItESQLUTION 41 itAIV 1 ' �Q7� r � THAT the Mayar af the City of Lubbock BE an� is hereby authorized and directed to execute for and on behalf of the City of Lubbock a special warranty deed conveying Lots 8, 9, i0 and 11 in the Lubbock Industrial Park Addition, to the Lubbock Industria� Fo�ndation, Inc., attached herewith which shall be spread upon �he minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resoluta�on as if fn1ly copi.ed herein in detail. Passed by the City Council th�.s llth day of January ,1979. /s/ D3rk West DIRK WEST, MAYOR l i ATTEST: A,PPROVED AS TO F�RM: /s/ Evelyn Gaf��a _ Eveiyn Gaffga, C�.ty Secretary-Treasurer /s/ Kenneth Janes Kenneth Jones, Senior Asst. City Attorney SPECIAi, WARRANTY DEED THE STATE OF TEXAS � KNOW ALL MEN BY TEIESE PRESENTS : COiI�iTX OF LUBBOCK � The the CITY OF LUBBOCK, a Home Rule Municipalitiy, acting herein pursuant to an appropra.ate resolution of the Gity Council of the City of Lubbock, Texas for and in consideration of the suEn of TEN AND NO/100 ($10.00) DOLLARS, Co it paid, in cash, the �eceipt and sufficiency of which is hereby acknowledged, have GRATiTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said LUBBOGK INDUSTRIAL FOi]�1DATYON, INC. of the County of Lubbock, State of Texas all that certain lot, tract or parcel of land lying and being situated in Lubbock County, Texas and being described as follows: Lot Numbers Eight (8), Nine {9), Ten (10} and Eleven {11� of the Lubbock Industrial. Park Addition to the City of Lubbock, Lubbock Coun�y, Texas, as shown by the map and pZat of said City on file in the offices of the County Clerk of said County and State. 1. SAVE AND EXCEPT Grantor, Gity of Lubbock, reserves unto itself in fee simple a11 of the underground wa�e�, oil, gas and other rnineral.s, in, under and that may' be produced from said 1and, provided, however, GranCor shall have no rigtrt, either express or implied, to extract, mine, or in any otiher way tp produce sa�d water, oil, gas or other minerals from the surfaCe property to be conveyed fn fee simple in accordance herewith. 2. Grantor herei.n reserves a perpetual avigation easement and rigttt-of-way, which easement and right-of-way shall run with the land for the unobstructed, unrestricted, and numerically unlimited flight of aircraft ("Aircra£t" being defined for the purposes of this instrtunent as any contrivance now known or hereafter invented, used, or designated ior navigation of, or fl.igh� in the air) by +whomsoever owned and operated in, through, and across the air space, at any altiitude or height fifty ieet (50') or more above Che surface of the conveyed property, togetiher raith the right to cause in such air space at an aZtitude of fifty feet (50'} or more above the surface of the ground aver all oi the land conveyed hexein, and/ar horizontalZy adjacent to sazd land such noise and vibration that may now or hereafter he causad by the oepration within said air space of aZl aircraft landing at, or taking off from, or operating at or on the Lubbock Municipal Airport as present�y located or as mey be hereafter expended; and Grantee, its successors and assigns does hereby fully waive, remise, and release any rzght or cause of action which it may now have or which it may have in the future against Grantor, its successors and assigns, due to normal naise, vibration, smoke or dust that may be cuased by the operation, within the air space hereinabove identified, or aircraft landing at, or taking off from, and/or operating at or on said Lubbock Municipa3. Airport. Tn the event the �'edera3. Aviation Agency shall establish regulations and/or standards fix the bottom plane of the air easement at an altitude of more than fifty (50') above the surface af the ground, then �he �'ederal Aviation Agency regulation and/or standard shall apply thereafter in lfeu af the fifty foo� (50') altitude provision hereinabove set out in this paragraph. 3. Subje�t to easemen�s, if any, for water, gas, and other underground utili�y lines and other overhead uti�ity lines which aze recorded in the Deed Recozds of Lubbock Gounty, Texas, or which easements are apparent on the graund and the other excep�ions, reservations and condi.tions hereafter set �orth. { `4 L ��#� ? ��1�� - - � -- _.. � __- .. . - .--.�...� .�� .�. ..-'�T�.�.�� F . TO HAVE AND TO HOLD the above described premises, together with a17. and singular, the rzghts and appurtenances thereto in anywise belonging unto the said LUBBOCK II�DUSTRIAi, FOUNDATION, INC., its successors and assigns forever; and the said CITY OF LUBBOCK does hereby bind itself, its successors and assigns to WARRANT and FORE'U'ER DEFEND aIl and singular the said premises unto the said LUBBdCK INDUSTRTAL FOUNDATION, iNC., its successors and assigns, against every person whomsoever iawfuJ.ly claiming, or to cZaim the same, or any part thereof bp, through or under the CITY OF LUBBOCK but noti otherwise. WITNESS MY HAND at Lubbock, Texas this llth day of Januar , 1979. ATTEST: {Seal) /s/ Evelyn Ga_ff�a __ CITY SEC1tETARY-TREASURER APPROVED A5 TO FQRM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorneq THE STATE OF TEXAS COUNTY OF LUBBOCK � � THE C�TY OF LUBBOCK, TEXAS A MUNICIPAL CORPORATION /s/ Di.rk West BEFORE ME, Che undersigned authority, a Notary Public, in and for said county and state, on this day personally appeared Dirk West, Mayo� for City o£ Lubbock, known to me to be the person whose name is subscribed to the forgoing instrument and acknowl.edged to me that he executed t�e same as the act and deed ot said City of Lubbock, Texas, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this llth day of 3anuary, 1979. (Seal} /s/ Ranette Bo d Notary �ubli� in and for Lubbock County, Texas My Commission expires: June 30, 1979 7 9-38-42-47 .(46) Upon the recommendation of City Attaraey John Ross, the motion was made by Councilwroman Jordan, seconded by Mayor Pro Tem Henry to pass said resolutian autharizing the Mayor to execute the Spec3al Warranty Deed on Lots 8, 9, IO and 11, Industrial Park Addition, conveying same to tihe Lubback Industrial Foundation, Inc. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman .Tordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider claints against the City. A. Claim No. 78-C-265--$199.01 Mr. & Mrs. Harry Salyer, ClaiuEants At the December 14, i9i8, reg�lar meeting, the CounciJ, asked the Assistant City ,Attorney Worth Fullingim to reinvestigate the cZa3.m of Mr. and Mrs. Salyer which reflects a cave-in in the a11ey behind their residence at 2413 92nd Street. Mr. Fullingim's investigative report reflected that there was no evidence of negligence on the part of the Czty or its employees; that the a11ey had withstood the torrential rains in the spring of 1978 without caving in; that there was no evidence of negligence on the part of a contractor or subcontractor with respect to �illi.ng in the a11ey following construction; that apparently the area caved in after the heavy fa11 rains of 1978. The motion was made by Conncilworaan Jordan, seconded by Mayar Pro Tem Henry to denv � � k�l 43 �AN I � 197� ..�.�_ _ -� �� -�� _ �,�� -- v - .�� - _ -- -_ - Jordan and Councilman McAlistar voting Yea; Councilman Aderton voting I3ay. B. CYaim No. 78-C-255--$80d.09 Mr. & Mrs. .T. Craig Reitan, Claimants Upon the recommendation af Assistant Ca,ty Attorney .7. Worth Fullingitn, motion was made by Councilwoman .�ordan, seconded by Mayor Pro Tem Henry to deny the ahove referenced claim. Motion carried: Mayor West, Mayor Pro �em Henry, Councilwoman Jordan, CounciZmen Aderton and McAlister voting Yea; none vot�ng Nay. C. Claim No. 7$-C-274-- $441,60 Mr. & Mrs. Scottq Baggett, Claimants Upon reco�endation of Assistant City Attorney J. Worth Fullingim, motion was made by Counc�lman McAl�ster, seconded by Council.woman Jordan to deny the above referenced claim. Motfon carried: Mayor West, Mayor Pro Tem Henry, Counc�.lwoman Jordan, Councilmen Aderton and McAlister vating Xea; none voting Nay. D. Claim No. 78-C-273-�-$1,177.58 Mr. James Tuttle, Claimant This c�a�.m was filed requesting recovery o£ damages resulting irom an overflow of the City of Lubbock water tower l.ocated at 3501 Avenue W resulting in extensive water damage and £reeze damage. The investigative report of Assistant City Attorney .T. Worth Fullingi.m reflectied that damage resulted from an overflow a£ the overhead water tank located at 35th Street and Avenue W; that wind directfon and extremely cold temperatures caused ice to form on the trees located on the property of C�aimant; that some of the i�.mbs fell into the back yard of C�aimant causing damage tio a metal storage shed; �hat there was evidence of negligence of the control room operator in fail�.ng to close some of the water valves involved. 7'9-38-43-48 (47) 7 9-38-43-G9 (48) Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to a�law the above referenced �laim in the amaunt of $1,177.58 for water damage. Motion carri.ed: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Counc:Elmen Aderton and McAlister voting Yea; none voting Nay. The above claimants were noti£ied by the City Secretary on ,Tanuary 12, 1979, of the Counci�'s action. on their respective claims, as re�orded. Bid #5159 for Pu�apex Linit i250 GPM (Fire Department) . Low Bidder . Mack Trucks, Inc., Allentown, PA Bid ��516U fvr fire equipment (_Fire Department). Ttems 1,4,6,8,10,14,I5, 16,17,21,22 & 23 zti�m� 2,�,�,� Items 9,13,18 Item 20 7 9-38-43-50 (49} 79-38-G3-5i (SO) 79-38-43-52 (53) 79-38--43-53 (54) . W. H. Lumpkin Company, Da1�as . Halprin Supply Company, I�os Angeles, California . Daco �'ire Equipment Company, Lubbock . W. S. Aarley and Company, Me�rose Park, I1linois Bid 9�5126 for chemicals far fire fi htin (Fire De artment). Low Bidder Bid #51�+8 for chain (Electric Distribut Low Bidder . Cyclone Fence Comparty, San Antonio, Texas B�d ��517b for traffic si al oles (Traffic En ineerin ). Low Bidder . Ve Ped Traffic Conrrols, Inc., Oklahoma City, Oklahoma Bid ��5154 for remodelin auditorium into Clinical S ace Health De artment). Low Bidder . Joe Hastey, Lubbock 79-38-43-54 �id 4�5077 for distribution transformers to estab].ish price for a period (S5) of ane year. This bid evaluated on transformer efficienc & rice. PrinritiP� pstablished accordinQ�.v. . Fira Protection Service, Dallas �k fence and relocating existing fence I I � I f �'R �'F JAN � i 1�79 � -- - --- - --- ----� -. _- _ _ 8kD 15077 SELYION DE-0012-5 - 1 PHASE POLE 1TEM 1. x. 3• �. 5. 6. �. 8. 9- l0. ii. 12. I3• l4. 15. 16. t7. 16. 19. 20. zi. 22. 2;. 24. 25• z6. n. 28. z9. 30. jl. 32. 33• 34. 35. 96. 37• 38. 39. +�a. 4t. A2. 43. 44. 45. 4b, 47, i I KYA 75 100 15 � Z5 50 75 ioo 10 15 25 50 75 l00 167 250 333 5� 10 15 2$ 50 75 100 167 250 333 soo l00 167 250 333 500 161 Z50 333 500 EO 15 ZS 50 75 100 167 zsa 333 500 l0 120/260 120/240 l20/2�0 i2o/z+�o i2ol2an � 120/240 � xo/z+�o 120l240 120/240 tzo/2qo ltolz4o 120/246 120/240 iza/zao l2D/240 i2oI24o iz0/x+�o 240/4$0 240/480 240/480 x4oI48a 2401480 260/480 240/480 240/480 240/486 2bo�+,so 277 277 Z77 277 277 2�60 2koo 2400 2400 IZO/240 120/240 !20/240 1x0/240 �zo/z�o 120/240 12o/24U 120/240 120/240 r2o/2�0 240/480 �. . - ,. - � - ��- � 1g7i1-79 D�STRIBUTION TlIANSFORMERS GESLO TEMPLE GRAYBAR BERNARD-8RE4JER GE GE GE CM z400/416a O 600.05 O B37.00 3O SG6.o0 O 77k.00 z400/4t60 tO 933•99 O 977•00 O loti.00 O 861.00 4160/7200 lO 284.b2 O2 296.00 O ;OB.00 7O 280.00 4160/7200 tO 379.69 O 39fi.00 3O 4ll.00 6O 344.00 4i6o/7zoo lO 5k5.33 2O 570-00 3O 59o.aa 6O 5z9•oa 4160/7200 IO 800.05 zO B37.00 O Sbb.Oo 6O 77�.00 416o/1x40 O 433.99 O 977.oa O i0�l.o0 5O 88�.00 72pp/1z47o 2O 245•75 3O Z5�.00 O4 266.00 7O 240.00 7200/�2470 O3 278.64 O 287.0o OS 302.00 7O 275.00 7200/l2474 O3 370.�3 O 364.p0 O5 ++a1.60 O 339.00 7200/�2470 3O 53�+.57 O 559.00 O 579.00 6O 520.00 7240/i2470 • O 784.78 3O 821.00 O &49.p0 O 762.00 7z0o/12470 lO 7�3•90 zO 956.00 3O 989.00 6O Sb7.00 7200/12470 Ot3o8.16 O 1368.04 O 1416.0o O 131R.p0 72oD/12470 O1880.76 NO 8lD O 2o35•a0 O F88R.00 7zoo/ixa7o 302193.11 O zz95.00 O 237+�.oa 2O zzo3.00 720a/I247o O5 3a56.57 bO 3165.00 7O 33flB.o0 4� 3075.00 1200/12470 4� 228.42 SO 236.00 6O 247,00 3O 255.00 )200/12470 3� 2b1.3o O 274.00 O5 283.0o O6 243.40 720D/12474 O 320.50 3O 331.04 O 3�7.00 5O 339.�0 7200/1247o O+�90.32 SO 5t;.00 6O 53�•U6 3O 520.00 7249/12470 O2 715.7� O3 748.0o O 775.0� SO 162.00 7200/12L74 O 814.40 5O 85z.00 6O 8$1.40 3O 867.06 �2��,�241� �3 ,269.73 O,3Z8.�a 5� �3�4.0� 7� ,Za0.00 72aa1iz47o Oz �7Ek.3o 3O i79�.oa O 1855.00 O �7�9.vo 7200/12470 �026.66 O 2120.00 O 2193.00 O 2035•fl0 7200/12470 202639.43 O3 2760.00 O ze57•oa lO 2654.00 7200/124T0 O 814.40 �S B52•0o O7 881.40 O3 868.D0 7200/i247o O3 1269.73 O 1328.06 5O 1374.00 6O 1290.40 7200/12470 O2 E1k4.30 3O 1795.OD O�855.00 1O 1719.00 7200/1Z470 4�2026.66 5O 2120.00 6O 2193.00 lO 2435.00 720v/1247D 4�2639•�3 OS 2T60.00 6O 2857.6U 2O 2654.00 7200/1247o O1 15�1.21 2O 1612.0o O3 1668.00 O7 1478.00 72oo/�z+�7o O2 i9zz.54 3O zo�o.aD O5 zoBi.00 lO i872.oa 7200/12470 k�31;.15 O 2419.00 O 2503.00 O 2255.00 7200/12470 03055.9a O 3195.08 Q 3307.0o O 2983.40 12KY - 13.2KV O 228.42 O 238.00 3O 2L7.00 SO 303.00 l2KV - 13.2lcV O2 z71.47 O3 283.00 O 294.ao O7 317.00 12Kv - 13.2Kv lO 383.88 2O 399.00 3O 415.0o O5 384.D0 12KV - 13.2Kv 2O 541.74 3O 565.DU O 586.44 5O 576.06 12xv - 1;.2Kv 2O 797•05 3O 830.00 4� 863.0o SO 823.60 12Kv - 13.2Kv 1O 4�6.54 O2 984.flo 3O 1024.00 OS 940.00 12Kv - 13.2Kv O1y27.37 O5 E387.00 6O 1437.00 2O 1349.00 12Kv ^ 13•ZK11 O3 188D.76 O4 1965.00 O5 2035.00 O 1931.00 12Kv - 13.2Kv �193.11 O 229�.00 O5 2374.00 6O zzl4.oa �zKv - �3.2Kv �056.57 Q 3�97.0o O 3308.0o O 3oe6.ao 12KV - 13•ZKY O2 235•59 O3 245.0o O 255.00 O 317.00 PAGE 1 of y c�ase io-z6-�� WESCO McKINLEY SfSCO pBERLENDER uEST RTE SES HOV � a�o_oo Q a3�.oa ��so.00 � aoa.oe O7 g56.00 O3 1674.00 O 85�.00 O 972.00 0 3ok.p� 3O 313.04 SEE PRINTOU7o 30�.00 O7 373.0o O 397.� O 333.00 4O 397.00 7O 574.04 O 559.00 BO 512.04 5O 576.00 BO 84p.00 O3 785•00 7O 750.00 5O 804.00 7O 956.00 4O 1006.00 O 854.00 6O 972.00 b� 265•�0 � 2+�5.oa SO 236.0o O 275.00 Q 30+�.0o Q 3oa.00 � z7i.oa zQ a23.00 7O ;73.00 2O 389•4o O 333.0a 1O 570.00 O7 57�.0o O 550.00 BO 512•oa lO 855.00 7O 846.OQ lO 793.00 8O 750.00 O 840.40 O7 956.0o O 995.00 8O 854.60 O5 lal4,fl0 O,525.�� O �4E9.Da O,3,8.44 O �3��.00 O zt75•flo O i856-99 O 1775•04 O teio.00 lO 2516.D0 BO 2181.60 7O 2072.00 6O 2403.00 O 3469.0o BO 3o3o.vo O z89x.00 3O 3ie7.00 O7 265.00 lO 253.04 8O 23b.o0 2O 276.00 O7 30+�.00 1O 302.00 BO z7i.00 tO 33�.ao 6O 37;.04 lO 4p0.00 OB 333.00 O 377.00 SO 57�.6o O1 563.00 BO 512•6v 2O 574•00 6O 840.00 lO 771.00 8O 75�.0o O7 755.00 O7 956.00 O 9�3.00 8O 854.v0 O2 895.00 6O 1411.00 lO 1382.00 OS 1260.00 O2 1337.00 5O 9999.00 6O 1859.UD SO 1b17.40 O 17�9.00 O z332.�� O 2,46.0o O �g�3.�� O zZZ6.�� O 3oo4.ao O z981.oa O za96.o-b O z8�6.o0 O 95b.oa lO 932.00 BO 85�.06 O 9�0.00 7O �4il.00 lO 1�35•66 eO i26o.00 O2 i4o7.ao 7O �999.0o O5 i846.00 O8 1b17.D0 6O 1741.00 7O z33z.00 eO zo53.00 3O 19�3•DO 2O 229z.00 7O 3004.00 SO 289fi.00 OI 24g6.0o 3O 296�.00 6O 1765.oD NO 6tD OS 143;.06 O 1452.00 O4 zz35•oa NO BID O iBiS.00 O 1833.� O z693•oo NO BID NO B1U Q3 zz65.ao O 3562.0o NO B1D O 28gt.00 O 2985•00 O6 335.00 O 263•04 7O z36.oD O5 275•00 bO 35a.ao 1O 300.0o SO 27i.00 5O 3z3•oo O 423.44 O 369.00 O 333•00 6O 380.00 O 625•flo lO 556.00 BO 5�z•00 O 574.00 O7 909.0o O 787.00 O 750.00 6O 835.00 7O 1037.0o O 95�.00 O8 854.00 O6 1041.00 O 1636.00 lO 13�+2.00 SO 1318.0o O 1377.� lO 21g9.00 O7 191�.00 6O 1775.00 8O IBI0.00 lO 2554.0o O7 2231.00 OB 2072.00 O 24D3.00 Ol 3575.�4 eO 3081.00 O3 zB9z.00 O5 3�el.00 8 335.00 ! � •p� �, ,�36.40 5 273.40 � �tl�}i �i � -�f BID i5477 � � � � 4� JAN 11 ��7� L o�u Il�u/! - �onc�nuta Gf5C4 TENPLE GRAYBAR BERNARD-BREWER wE5C0 McKINLEY Sf5G0 OBERLEN�ER 17EN KVA GE GE GE CM �ST RTE SES NOw �8. i5 zao/48o l2KY - 13.2KV O 268.++7 3O z79.�o O z9�.ao O7 332.oa O 350.0o O 303.0o OB z7�.00 O5 33�.ofl 4g, 25 z4o/480 12xv - 1;.2Kv O2 3i0.50 O 33�.00 O5 347.00 3O 38L.00 O6 �i23.40 1O 315.00 O8 333.00 O7 383.00 50. 50 240/+�80 12KV - 13•ZKV O�90•32 O6 512•00 O1 53�•0o O2 558.00 O5 625•00 O 553•0o O S�Z•oo O3 584.OD 51. 75 240/4$0 12KY - 13.2KY OS 715.7� O 748.0o O7 775.6o O3 810.00 O 909.00 lO 7b2.oU O 750.00 O2 BU4.b0 5z. ioo 24a/a8a iiKv - �3.zrcv O 8t+�.�o O5 850.0o O6 881.00 3O 9z6.00 O7 �037.0o zO 9z5.00 O8 85�.0o O 9k9.00 53. �67 2L0/�8o 12KV - 13.2� O3 �269.73 O 1326.04 OS 137�.0o bO 1290.00 O7 1564.00 lO i293.D0 O8 1220.00 O2 1337.40 54. 250 240/480 izKv - l3.zKv 10�714.30 3O 179x.00 O 1855.flo zO 1729.00 O5 z0o3.00 7O 1896.0o OB 1611.00 6O �749.00 55- 333 z40/480 12Kv - 13�zKv 4�026.66 O 2119.0o O 2i93.00 O 2046.00 O 2369•afl O Z�70.00 O 1913.00 lO 22z6.00 56. 50o z4ol�eo �2xv - i;.2Kv �639.�3 Q z759.o0 3O ze57•oo O z665.ao O6 3087.00 7O 3a7o.00 Q za96.00 O z8�6.o0 57. �oo zn i2Kv - i3.2xv O5 8�4.4o Q 85o.ao 7O se�.00 3O 9zb.ao O�Q37.oa O 9z3.00 O BS�.00 Oz 990.00 ;8. f67 277 12Kv - 13.2Kv O4 f269.73 O 1325.00 6O l37�.06 O3 1290.00 O7 1564.00 lO 1258.00 O8 1)18.00 O2 1412.00 59. z5o 277 �zKv - 13-zKv 20�714.34 O3 1795.00 O 1855.ao 7O 1729.0o O5 z0o3.00 6O 1851.00 OS 1617.0o O1 �772.00 60. 333 277 f2KV - 13.2xv �026.66 2O 2126.00 3O 2193.D0 O 20L5.o0 SO 2369.00 7O 2657.00 BO t913.04 6O 2245.ao 6i. 5oa 2 n �zxv - i3•2Kv 3Oz639•�+3 O z76o.00 O5 z857.aa zO z665.00 O7 3oB7.ao Q z93'�.0o O z�96.00 O6 2890.00 62. 161 2400/4160 12KV - 13.2KV O1 1541.21 O2 1610.0o O 1b68.00 OS 1t+89.00 O I178.00 NO B�0 k0 BIU O 1452.00 63• z5o z+�ao/4t6U 12KV - 13.2KV zO19zz.5� 3O 20�1.0o O zo8i.00 O �88z.ao 6O zz48.ao NO BlD NO BID OS 1833•ao 64. 333 2400/4160 12Kv - 13•ZKv 2�313•15 O z4t9.00 O z5o;.0o O zz65.00 O 2704.0o NO BID t+0 aio 1O 2265.00 65• 5� 2�00/4160 12Kv - �3•2Ky 2�055•9� O 3197.00 O 3307.0o O z993.ao r6 3575.0o No elo N4 eio O 2459.00 GESCO TEMPLE GRAYBAR BERNARD-BREWER WESCO McKiNIEY SESCO 6BEltLENDER SECTION DE-0012-8 - i P�SE RADIAL Gf GE GE �M 41E5T R7E SES �w 1. 75 12D/206 12�70 ��93.�5 O 2177.00 O 2193.00 NO BID O 25i3.00 O 27�9.60 NO BID NO BIO 2 73 2��480 „ ��g;,a5 O 2►77.0o O zi93.ao eo eio O 2513•0o O z639•oo No eio Ko a�o 3. 1t2.5 120/208 �� 4�354.i0 O 2336.00 O3 z354.4o r+o Bao O5 27oe.00 O 279z.00 NO 81D NO BID 4 ��2 5 Z��/�gp �� 35�.10 2O Z336.00 3O 735�+•0o NO BID 5O 2708.00 O 269b.00 NO BID No BID 5• 150 120/248 �� 3O2b15•55 O Z595.00 O 2616.04 NO B!D 5O 3�94.80 1O 327g•00 NO B�D KO BiD 5. 150 27N�B0 �� 3�26F5.55 O z595.fl0 4O 2616.00 NO BiD O5 3094.00 OI 3z56.00 NO 6i0 NO BiD 7. zz5 i2o/zo8 �� 3�895•9a Q 2a73.00 O ze96.oa RO BfD 5Q 3572.0o O 356�.0o NO BIO NO BIO g, 225 277/4Bo �� 895.90 O2 2873.00 4O 2896.0o Np B1D O5 3572.00 lO 3577.00 NO BID NO BI� g, jD4 120/2U8 " �3 3249•75 O 3274.D0 O 3250.00 NO BID 5O �114.00 lO 4429.00 NO BID NO BIR 10. ;00 277/k80 " 2�z49•75 O 32z4•0o O 3z5o.oa NO BI� OS 4114.80 O 4025•00 NO BID NO 91� II. 506 k20/208 " 04208.40 2O 4115•00 3O k208.00 NO 81� O5 5Z4B.00 O 5500.00 No eio NO 614 12, 500 277/480 " 0�034.10 O2 +�003.00 O3 4034 AO NO BlD O5 5637.00 1O 524g•OD A9 BI� NO BID 1;. 75D 120/208 " �L 6260.14 2O 6211.00 O3 6260.00 NO BiD OS Bi44.p0 O 7��.00 NO 814 NO 81� �+,, 7,p 277/�BO " 305975.55 O 5929•00 O 5976.06 Ko BID OS 773z.00 tO 1018.0o Ho BID n0 eID i5. IQQQ 120/20B " 307�73•90 2O 7�16.Q0 4O 7�74.D0 NO BID O5 8896.00 O g730.00 NO 81� NO BID 16. iaoo z77/�8u " O3 G9a5.85 O 6853.0o O 6go6.00 Ha a�D O5 839g•oo O 8224.0o NO BID N4 atn 17. 1500 120/2D6 " NO BlD NO 81� NO Blp Np BIO 1O147;5•04 O2 11176.00 NO BID NO Bi0 18. 1500 277/480 " 5�678.25 O3 8610.00 O 8678.0o ND BID O2 �4163.00 10�0458.6Q N6 81D KO BID GESCD TEMPLE GRAYBAR BERNARD-BREWER 4lESCO McKtNLEY SESCD OBERLEN�ER SECTION �E-4412-9 -! PHASE PAD GE Gf GE CM wEST RTE SES �Dw 1. z5 12o/z4o 7zooltz47a O3 796.yz O 792.0o O 797.0o O 730.0o O5 7z9.00 OI 7zz.ao 8O Szo.flo 7O 799.00 Z_ 37,5 120/240 " 4 844.21 o2 838.66 3 844.00 6O 790.0o O5 81L.00 lO 802.00 O 870.00 7O 9�5.00 ��tt7.ik3 (1} >>>n.00 � ttt7.00 O O O 9. 50 120/240 " 883.67 1� S77•�0 884•00 i0 83o.D0 6 104b.0o S 878•0o II 93�•00 O 13��-00 4. 75 �24/240 " 5O1137.�3 3O 11z9.6D 4O 1137.00 O7 99�.0o bO 1315 AO O2 107fl.00 OB 1222.Do lO 1600.D0 5, �o0 12D/24o " �29�+.5z Oi 1285.0o O �295.00 6O �1g5.00 7O �345.0o O izi5.00 eO �376.ao 5O 1565.ao 6. 167 120/24D " 401478.5$ O3 1468.D4 OS 1479•afl Q7 �650.00 6O 1625.00 O 1684.ao NO BID O �B88.o0 GESGO TENP�E GRAYBAR BERNAR9-BREWER WEST RTE�NLEY SESt9 HOURLENOER SECTION DE-0012-10 � 3 PHASE L06P �E �E �E �K }, 75 I2o/208 12470 �5fi5.15 O Z545•fl0 O3 z565•oo N4 eio O5 z847.00 O 3269.0o No B�o NO 910 2� 75 277/48� " �565•�5 O 23+�5.0o O3 2565.0o NO BiD O 2847.00 lO 3159.00 ND BID NO BID eio 15077 PAGE 2 of 3 � 46 J�N 11 ��%� BI� /5077 - Continucd GESC4 TEMPLE GRAYBAR BERNARD-BREWER WESGO McKINLEY SESGO OBERLENDER 17EM KYA GE GE GE LM WE57 RTE SES HOV g, 112.5 12q/206 F2470 �7Z5.80 O Z7f0.00 O Z1Z6.40 NO BiD SO 3��Z•�4 1� 3211.00 NO BID NO BID p. ��2,5 Z�y/q8p " O3 2725•80 O2 2710.00 O 2726.00 NO 81D O 3a�Z•00 O 3Z�5.00 NO BID ND B1� 5, �50 126/208 �� Oz987.25 Q 2970.0o Q3 29e7.00 Ko sEo OS 3426.0o O 3797.ao NO BID !iQ BID 6. 150 277/480 " �987.25 O 2970.0o O z987.0o NO BID O 3�26.0o Ot 3775.00 NO BID NO BID y. 225 12D/208 '' O3 3z65•50 O2 3z40.60 O 3266.00 ND 910 5 3906.oD O 4081.00 Np BID NO B1D g, zz5 z77/480 " O3 3265.50 Oz 3z4o.ao �4 3266.ao �o BiD 5 3906.oa Q+�o97.aa No BiD Ko eio 9• 300 12uIZ08 " �36�9•35 O 3295.0o O3 361q.00 HO B�D 5 4448.04 O1 4549.OU NO BID NO BID !0. 300 Z77/480 " O3 361g.35 O 3595.00 zO 3519.0o No BID 5 4448.00 O4 45k5.00 No BID NO BID 11. 560 120/2D8 " �576.95 O�5�+5.0o O4 4577.00 NO 81D 5 5582.0o O 6301.00 NO BIO NO BID i2. 5oa z77148a �� O3 4403.7o Oz 4370.0o O 44o4.oa N� B!D 5 5370.0o Oi 6049.0o KO B19 No sio I;. 750 12o/2D8 �' O3 G625.50 OZ 6575.00 O 662b.00 NO BiD 5 8456.00 O1 8359•0o NO BiD NO 616 14. 15fl 277I48o " O3 6342.D4 O2 6295.00 O3 b;42.40 No BID S 8043.00 O 796;.00 NO BID MO BID i5. 1000 120/208 " O4 1839•3o O2 7780.0o O3 TB39•OD NO B!D 5 935�.0o O 9536.00 ND SID No BIO 16. 1000 277/480 " O7z7Z•30 2O 7220.00 O 7272.00 ND BI� S 8859.D0 O 9030.OD NO BID NO BID 11. 1500 120/208 " NO B1D NO BIO NO 81D NO BI� 1 15211.6d 2O�2Z73.00 NO BlD NO SIU 18. 150o z77/480 �� O3 9oa;.65 Oz 8975.ao 4O 9a44.00 do sio 5�52zi.00 Oi >>555.ao NO BID No B�n ` PRICiI1G: BERNARD-BREIIER {Central Molone ) Escalation based on BLS Indices in specs. McKINLEY SALES (RTE} Escalation based on BLS ind�ces in specs. GENERAL ElfC7Rlt SUPPLY ;GE} EscalaLion based on BLS �ndices in specs. SAd ANGEL6 ELEtTR[G SERVICE Escalation based on BLS indi�es in specs. GRAYBAR (GE} Escalation based on BLS indices in specs. Add 4$ for drop shipments. TENPLE, ING. {GE_f_ Escalacion Eased on BLS indices In specs OBERLENDER I�+ard Industrtes Escalation based on BLS indices in specs. 4fE5TINGHDUSE EIIECTRIC SI]PPLLY Escalattan 6ased on 8L5 Indices in specs. � � PAGE 3 of 3 47 JA N 1 ' '^'�? -- � . .�:.� , . 79-38 '47-55 Bid ��5157 for 1 crawler-t a tractor (5anitation De t.) and 1 12-ton ;. (56} pneuuiati� roller (Street Department). (Revenue Sharing Funds) R 1 crawl.ex-type tractor Law Sidder . Consolidated Machinery Campany, Ync., Amarilla 1 twelve ton pneumatic roller Low Bidder . Con�ey-Lott-Nichol.s Machinery Company, Lubbock � Motion was made by Councilwoman Jordan, seconded by Mayor Pra Tem Iienry to accept � , the recommendations of Purchasing Agent Floyd Nesbitt, and approve the above referenced bids. Motion carr3ed: Mayor West, Maqor Pro Tem Henry, Counciiwoman Jordan, Councilmen Aderton and McAlister voting Yea; none vating Nay. 7 9-3$-�+7-56 {5],) Ordinance No. 7791 A��ro�riatio�n ordinance from Electr�c Bond Fund for Bid ��51k$.=_,for new chain-link fence {Electric Distribution). �� Ordinance No. 7791 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to apprapriate certain specific funds out of bond funds for an approved project; NOW THERBFORE, BE IT ORDAINED BY THE CITY COUNCF� OF THE CITY OF LUBBOCK: There is herehy appropriatied outi of Che following described band £und, ro-wit: ELECTRIC LIGHT & PGT�R R�VEI�UE BOND FL3ND The sum $3,735.00 For the following purpose: � k Labor and materia�s for the extension of fencins around Co-op substation to maice room to tie :Cn of Co-op to Hol].y transmissi.on line. AND I'� IS SO ORDERED Passed by the Council on first reading this llth day of 3anuary, I979. Passed by the Counci2 on second reading this day of , 19 � � .I1 � � . ATTEST: CITX SECRETARY-TREASUFtER VERIFIED BY:/s/ Ster�a.n K. Miller APPROVED BY:_/s/_C. Northington HEAD OF DEPT. DEP'£. /s/ Bil� Wood HEAD OF DEPT. Motion was made by CounciZwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on f�rst reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none vating Nay. �� 7'9-38-47-57 (5$) Consider two appointments to the Plumbing Board. E. L. "Sarge" Martin Res: 3013 79th Street (745 -3688} Bus: C& M Supply Co. 802 46th Street (747--3557) James G. "Bud" Samson Res: 3614 40th Street (799-5751) Bus: Bud Samson & Co. 29th & Avenue C (765--6432) 0 A.......�_.�.....�.� i.. F..�. .. �..�.�. ..� C.!'_.. __..__.._ _____�_._.� 7 I1 IOI. x �F� �A f� � � �979� 79�-38-48-58 (59) 7 �--38-48-59 (60) 79-38-48-60 (bl) 7�-38-48-6i (62) 79-38-48--62 (63) Consider two a ointments ta the Cemeter Board. Wm. 0. Linn Res: 3203 46th Street (795--2502) Bus: Lubbock Monument Works 91$ E. 34th Street (744-G$18) Margaret Brunson (Mrs. StanCon W.} Reappointed 2310 Slide Road (799-6868) Appoi�ntment is for a term of five years expi.ring 1/$/84. Consider two a ointments to the Board of Electrical Examiners. H. R. Bundock (reappainted) Res: 2330 57th Street (795-349i) Bus: General Contractor 1701 Slaton Road (745-5565) Horman Igo Res: 3415 95th 5treet (792-1315) Bus: Norman Igo & Associates (Residen�ial Contractor) 1904 Broadway (747--0193} Appointment is for a tertn of three years expiring 1/1/$2. Consider one appointmenti to the Human Re1at�Lons Commission. Mark Bass Res: 2816 24th Street (799-8134) Bus. Lubbock National Bank Bldg. (765-747I) Mr. aass will fill the unexpired term of Charles Taylor, said term expiring 5/25/79• Cons:Cdex o�e a ointment to the Cit Hea].th Board. (763-5189) Mr. Loter wi�l fill the unexpired term af Gerry Johnson, said terca expiring 2/21/8i. Roger Loter Res: 2323 18th Street Bus: LaFonda del Sol 4611 50th Street (765-5305) �� a I � Consider two appointments to the Lubbock Civic Center Board. W. D. Armstroag Res: 3012 25th Street (792-3445) Bus: V:Ece President, Texas Commerce Bank P.o. Box 84I (763-3471) Dr. Moses Turner* Res: 5525 76th Street (797-9476) Bus: Texas Tech University �Contingent upon resignation from Housing Authority Board. Mr. Armstrong wi11 fill the unexpired term of C. B. Carter, said teria expiring 8/�/80. Dr. Turner will fill the unexpfred term of Carroll McDonald, said term expiring 7/27/81. Motioa was made by Mayor Pro �em Henry, seconded by Counci�man McAlister to approve the above referenced appointments. Motion carrfed: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAl.ister voting Xea; none voting Nay. There being no further business to come before the Council, the meeting was adjourned. ATTEST: l City Sec etary-Treasurer READ AND APPROVED '�HIS THE 25th DAY OF January Ig�9, ATTEST: F ty S� etary-Treasurer �� n ;�I LJ