Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 11/29/19793A n F r F CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 29, 1979 9:30 A. M. The City Council of the City of Lubbock, Texas, met for its regular meeting on Thursday, November 29, 1979, at 9:30 a.m. in the Council Chambers, Second Floor, City Hall. Those Present: Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan, Councilman Bill McAlister, Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary - Treasurer Evelyn Gaffga. Absent: None 79-38-724-1255 The Invocation was given by Larry Cunningham, City Manager. ( 1) 79-38+-724-1256 The Pledge of Allegiance to the Flag was given in unison by those ( 2) present in the Council Chambers. At 9:37 a.m., Mayor Dirk West announced that an Executive Session would be held for the purpose of considering matters of land acquisition. This announcement was in accordance with Section 2-F, Art. 6252-17, V.A.T.S. 79-384724-1257 Approval of Minutes - Regular City Council Meeting, November 8, 1979. ( 3) The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to approve the minutes of the Regular Meeting of November 8, 1979. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Citizen Appearances 79-380724-1258 Board Appointments ( 4) Vera Newsome - Transit Advisory Board John Cammack - Urban Renewal Agency Proclamations 79-34724-1259 "Turkey Walk Day in Lubbock" - December 1, 1979 ( 5) Receiving: Tony Masters, Chairman Zeta Tau Alpha Sorority Sandra Pack, Co -Chairman 79-30-724-1260 "KA Ladies' Day" - December 1, 1979 (6-A) Receiving: Jeff Barker, President -Elect 79-38�724-1261 Officer of the Quarter ( 7) First Lt. Barbara Hunter Slippy 79-38-724-1262 Mary Rosenbauer of the Lubbock Hilton Inn will appear to request { 8) the use of amplifiers advertising the New Year's celebration at the Inn. - The Lubbock Hilton Inn requested the use of loud speakers in order to advertise the Hilton Inn's New Year's Eve celebration, their intent being to place amplifiers on top of a vehicle and driving throughout the City informing the citizenry of their celebration. All previous requests for the use of amplifiers have been with respect to using them at a stationary location and the consent of adjacent property owners having been obtained. Appearance: Mary Rosenbaur, Lubbock Hilton Inn Ms. Rosenbaur indicated that the purpose of their request was to advertise their New Year's Eve celebration at the Inn. Council response `1a.5 2 g i979 indicated that a request had been from those interested in using amplifiers from a stationary position and the requesting party had secured permission from adjacent property residents and/or merchants. Ms. Rosenbaur inquired whether or not if they parked the car at the South Plains Mall, as an example, would permission be granted, to which the response indicated that she would first have to secure permission of the South Plains Mall officials inasmuch as that is private property, and the same would apply to any other private property location. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to DENY the above request. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38k725-1263 Patsy Ellis will appear to request reserved parking for residents of the ( 9) Pioneer Retirement Hotel. This request is from the Pioneer Retirement Hotel to set aside private on -street parking spaces specifically reserved for the residents of the Hotel. Their appearance and request before the Citizens Traffic Commission in early November was denied. A2pearances: Patsy Ellis, on behalf of the Pioneer Retirement Hotel It appears that the Hotel has a small number of parking spaces available to its residents (guests) and a lot located across from the Hotel Broadway is no longer available to them on a lease basis. Mrs. Ellis indicated there was parking in front of and on the side of the Hotel (on - street parking - some ten spaces, five on each location) which would aid in eliminating the restricted parking that they are experiencing. She further indicated that they had attempted to purchase a nearby lot from First National Bank and their offer was declined for the reason that the Bank was not ready to sell that particular piece of property; they had attempted to lease or rent spaces at the Texas Commerce Bank parking garage, but the Bank had declined this offer also; that additional spaces located further from the Hotel than those mentioned were inconvenient for the residents, particularly during the winter months; that they presently have need of 45 parking spaces of which only 25 are presently available; they presently have 144 residents with 50 additional rooms available for occupancy; that the requested parking would be for 24 hour availability; and the Hotel authorities felt that they had contributed a great deal to the down -town area by establishing this retirement hotel at this location. In response to the legality of on -street parking as requested, the City Attorney responded that the Council has the authority to designate certain parking provisions on the basis of public interest and protection as a whole; that each request should be determined on its individual facts presented by the requesting party. The ensuing discussion explored the possibility of designating these 10 places as parking for the handicapped to which Mrs. Ellis indicated some of the residents would qualify; that this vehicle sticker be secured from the County Tax Assessor-Collector's Office; that the parking spaces would be shared for all citizenry with the handicap designation on their vehicle, and as an alternative possibly the Hotel should consider a shuttle service from the Hotel to the Texas Commerce Bank parking garage, should the Hotel be able to work out arrangements with the Bank. Following all discussion, the motion was made by Mayor Pro Tem. Henry, seconded by Councilman Aderton to designate 10 spaces - 5 spaces on the east of the Pioneer Retirement Hotel, and 5 spaces on the south of the Pioneer Retirement Hotel - as handicapped parking, with the understanding that this parking is available to all handicapped designees. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-30-725-1264 Ordinance No. 7959 (10) An a2propriation ordinance from Water Ca ital Projects Fund for platting costs (elevated tank area, 50th St. and Indiana Ave.). FORM L-2 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of necessary to appropriate certain project; NOW THEREFOFE, ORDINANCE NO. 7959 the City of Lubbock finds it is specific funds for an approved BE IT 09DAINED BY THE)CITY COUNCIL OF THE CITY OF LUBBOCK: I 0 Il F r n� r 79-381726-1265 (11) There is hereby appropriated out of the following described fund, to -wit: Water Capital Projects The sum $ 5,774.53 For the following purpose: Platting Cost for Lots 13 through 17, Fry Addition. (Elevated tank area 50th Street near Indiana Avenue) 1. Water Fro -Rasa $2,650.00 2. Sewer Pro-Rata 2,150.00 3. Concrete Alley Return 774.53 4. Surveying 200.00 y?D,//4.D3 AND IT IS SO ORDERED Passed by the Council on first reading this 8th day of November 1979. Passed by the Council on second reading this 29th day of November , 1979. s/ Dirk West ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER MAYOR VERIFIED BY: /s/ Jim Blagg FINANCE OFFICER APPROVED BY:/s/ Wilford D. Watson HEAD OF DEPT. DEPT. Ordinance No. 7957 An appropriation ordinance for curb and gutter improvements on Slide Road from 82nd Street to 98th Street. ORDINANCE NO. 7957 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Street Improvement The sum $10,000.00 For the following purpose: Slide Road Paving Improvements (S.H.D. F.M. Road) from 82nd Street to 98th Street for City's Cost and Engineering to be increased later to include accounts receivable and increased City cost. AND IT IS SO ORDERED Passed by the Council on first reading this 8th day of November , 1979. Passed by the Council on second reading this 29tday of November , 1979. /s/ Dirk West ATTEST: DIRK WEST, MAYOR /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary-Treas. VERIFIED BY: /s/ Jim B_1_agg - FINANCE OFFICER APPROVED AS TO FORM: APPROVED BY: /s/ Wilford D. Watson /s/ John C. Ross, Jr. Wilford D. Watson John C. Ross, Jr., City Attorney City Engineer )ZI 2 9 197E 79-3A727-1266 (12) 79-384-727-1267 (13) li The motion was made by Councilman McAlister, seconded by Councilwoman Jordan, to pass Ordinance No. 7959 and 7957 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7960 An ordinance regulating the sale of drug paraphernalia to minors. �I SMT:bs ORDINANCE NO. 7960 AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THE LANGUAGE OF SECTION 19-19.1 REGULATING THE SALE AND DISPLAY OF CERTAIN TYPES OF INSTRUMENTS DEVISED FOR USE IN INHALING OR INJECTING CERTAIN REGULATED SUBSTANCES; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING A PENALTY. A gentleman from the audience in the Council Chambers requested to speak to this issue before second reading. BY CONSENSUS: the Council agreed to allow the gentleman to speak. Appearance: Bill Hale, shop owner, 8th and University Mr. Hale addressed his remarks to the inconvenience the proposed ordinance would create on those operating tobacco stores; that previous attempts at legislation on this issue had failed when presented for Legislature consideration and had been declared by the Secretary of State as unconstit- utional issues; that the proposed ordinance was vague and unenforceable; that he and other shop owners felt the matter could be controlled at the cash register when purchases are being completed by asking for the approp- riate identification of the purchaser when the age limit is in doubt, the procedures being very similar to those in public bars; that they would be very willing to meet with the United Church Women to work out a voluntary means of control. i I City Attorney John Ross responded in part to the matter that the Statutes provide in home -rule municipalities that the power of the City rests with the governing body and that inasmuch as the referenced Senate Bill did not pass and is not in effect, the present Statutes allowing the governing body in a home -rule municipality to determine its own law and that exception to these Statutes settled in respective courts of law. Council response also indicated that Mr. Hale nor his associates were present at the time the hearing was held on November 8, 1979 and had they been they would have observed the type of "toys" that is being marketed. Following all discussion the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass Ordinance No. 7960 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ;I Ordinance No. 7944 - Zone Case No. 2259 Request of Manuel Figueroa for a Specific Use Zone Chanee, from M-1 and M-2 to M-2 Specific Use Permit under provisions of Section 22.3-17 of the Zoning Ordinance, for a salvage yard on a tract of land out of Section 2, Block S, City of Lubbock,_ Lubbock County,_ Texas (located West of Southeast Drive and from 250' to 738'_South of 50th_Street), subject to the following condition: 1. That the fence and the area are to be approved by the staff. LGB:pc ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2259; CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM M-1 TO M- 2 ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; SUBJECT TO A CONDITION; CHANGE A TRACT OF LAND OUT OF SECTION 2, BLOCK S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS BY AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This Zone Case was held on second reading pending the applicants providing adequate details for a fence to be constructed around a salvage yard. Proponent presented that detail and the fencing appeared to be adequate for the Specific Use Permit. 1 ki r r r The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No. 7944 on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-388728-1268 Ordinance No. 7958 (14) An ordinance abandoning and closing a portion of Vicksburg Avenue. JWF:pg ORDINANCE NO. 7958 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A PORTION OF VICKSBURG AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 79-384728-1269 Resolution No. 342 (15) A resolution authorizing the Mayor to execute a Quit Claim Deed in Connection with Ordinance No. 7958, above. JWF:pg RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Lakeridge Country Club Estates, Inc. attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 29thday of November , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney QUITCLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by Lakeridge Country Club Estates, Inc. hereinafter called "GRANTEE," the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: A portion of Vicksburg Avenue, said portion being further described as follows: 2� 19 BEGINNING at a point which bears East 2,399.90 feet and South 2,902.66 feet from the Northwest corner of Section 15, Block E-2, Lubbock County, Texas; THENCE South a distance of 170.00 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 824.97 feet, a central angle of 020 45' 14", tangent lengths of 19.38 feet, and a chord distance of 39.65 feet; �{ THENCE North 790 West a distance of 101.11 feet; THENCE Northeasterly around a curve to the left, said curve havi a radius of 993.70 feet, a central angle of 010 10' 22", tangent lengths of 10.17 feet, and a chord distance of 20.34 feet; THENCE North a distance of 170.00 feet; THENCE East a distance of 100.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, City of Lubbock, its successors or assigns, nor any persons claiming under i�t shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. ii WITNESS MY HAND AT LUBBOCK, TEXAS this 29th day of 4979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ E_velyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fulli_ngim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § November BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DIRK WEST, known to me to be the person whose name is subscribed to the foregoing instrument and acknowl to me that he executed the same as the act and deed of the CITY OF LUBBOCK as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. 1979. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of November /s/ Jackie Suter Notary Public, Lubbock County, Texas My Commission expires 4-13-81 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Ordinance No. 7958 on second and final reading, and to pass Resolution No. 342 authorizing the Mayor to execute a Quit Claim Deed to Lakeridge Country Club Estates, Inc. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-3811729-1270 Ordinance No. 7946-F (16) An ordinance than Lot 15, Block 73, (Mast -White Home). ing Lot 1, the East 40' of Lot 2 Overton Addition from R-2 to R-2( the West 38.5' of Zoning District 0 ged El I 131 ri F F II r 79-30730-1271 (17) 79-38'730-1272 (18) *Ordinance 4897 is amended by: Ord 5583 (1-23-69) Ord 5728 (8-28-69) Ord 7950 (11-29-79) Ord 9029 (11-13-80) Ord 8165 (4-9-81) Ord 4897-A (10-27-83) LGB:cl ORDINANCE NO. 7946-F AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2243; CHANGE LOT 1, THE EAST 40 FEET OF LOT 2 AND THE WEST 38.5 FEET OF LOT 15, BLOCK 73, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R--2(DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; INCORPORATING CERTAIN PHOTOGRAPHS; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1=5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance No. 7946-G An ordinance changing Lot 3 and the West 15' of Lot 2, Block 73 Overton Addition from R-2 to R-2(DH) Zoning District. (Cox Home). LGB:cl ORDINANCE NO. 7946-G AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2243; CHANGE LOT 3 AND THE WEST 15 FEET OF LOT 2, BLOCK 73, OVERTON ADDITION, CITY OF LUB- BOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-2(DH) ZONING DISTRICT; DESIGNATING A LANDMARK THEREON; IDENTIFYING CERTAIN EXTERIOR ARCHITECTURAL FEATURES OF THAT LANDMARK; INCORPORATING CERTAIN PHOTOGRAPHS; PROVIDING FOR A PENALTY AS PRO- VIDED IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The above ordinances were held on second reading to allow First Baptist Church and the residents of South Overton Addition to negotiate for the purchase of the referenced homes. At the November 8, 1979 Council Meeting the parties were instructed to report again the status of these negotiations. BY CONSENSUS: The Council agreed to hear the report from Mr. Arnold Maeker on behalf of First Baptist Church. Mr. Maeker indicated that he had received a letter from the Lubbock Heritage Society indicating some possibility of acquiring the above referenced properties to be preserved for historical purposes and he had received correspondence from Larry Glazner on behalf of the South Overton Addition with respect to the same properties; that the Church does not plan to do anything within the next ninety -day period with respect to these properties and therefore suggests that if agreeable to members of the Council to consider these matters for second reading at the second meeting in February of 1980 (February 28, 1980), and during the interviening time any party may acquire either piece of property for the purpose of preservation at which time the Council can act upon that particular situation; that if by the designated time the property has not been transferred to any interested party, it can then be concluded that there is no interest in preserving these properties due to a lack of committment for funding and it may likewise be concluded that all possibilities have been exhausted for the preservation of these properties; and at that time the Council may dispose of the matter. Councilwoman Jordan reitereted that the City does not have any responsibility or interest in buying these properties for historical purposes and if the Church has not disposed of the properties by the February 28, 1980 meeting final action by the Council would then be forthcoming. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to accept Mr. Maeker's recommendation as recited above with final disposition of these two matters to be considered at the February 28, 1980 Regular City Council Meeting. Motion carried: Mayor West, Councilwoman Jordan, Councilman Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry abstaining. Ordinance No. 7950 An ordinance amending the Lubbock Electrial Code concerning fee schedules for electrical permits. LGB:cl ORDINANCE NO. 7950 0 1-9 19 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, BEING THE ELECTRICAL CODE, BY AMENDING SECTION 11A-5(1) ADOPTING THE NATIONAL ELECTRICAL CODE (NFPA NO. 70-1978) 1978 EDITION AND AMENDING SECTION lIA-82 ESTABLISHING A FEE SCHEDULE FOR ELECTRICAL PERMITS, REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. 9 Ag79 +I - At the time this ordinance was passed on first reading, the Electrical Board of Examiners had appointed a study committee to consider what appeare i to be an inequity in the permit fees for large warehousing structures with very few electrical outlets. Calculating the buildings individually on the permit requests submitted by Farmers Cooperative Compress, the total building permit fees totaled $4,000 ($30 per outlet). To allow some equitable break in the fee schedule for these warehouses, the Building Inspection Department calculated all the buildings on one warehouse bringing the permit fees to $1,407.20. The Electrical Board has heard the appeal of Farmers Cooperative Compress and concluded that the building official calculated the fees correctly. The Legal Department recommends that the ordinance be amended providing the new fees but allowing for the amendment to be retroactive to November 16, 1978, prior to the issuance of the permit in question. In the event the retroactive provision becomes effective, this will mean that the City will be required to reimburse to Farmers Cooperative Compress $975.20 of the fee already paid. It is agreed that the new amendment would allow more equitable calculations for large ware- housing structures, but it was also agreed that it would place the City in an ackward position with respect to reimbursements. The motion was made by Councilwoman Jordan, seconded by Councilman McAliste to pass Ordinance No. 7950 on second and final reading subject to the following paragraph being deleted, to -wit: "Provided further that this exception shall apply retroactively to November 16, 1978." Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-4-731-1273 Ordinance No. 7961 - Zone Case No. 2118-C (19) Request of Joe McKay for " " Properties) to change a tract of land out of Section 15 Block E-2_,_City of Lubbock Lubbock County, Texas to amend Publisher's the site plan (located at 92nd Street and Vicksburg Avenue). Aff idavit on Page 733-A The Planning and Zoning Commission recommends to the City that -Council this reguest be approved. ORDINANCE NO. 7961 AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2118-C; CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS TO AMEND THE SITE PLAN; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with a Notice published in the Lubbock Avalanche -Journal on November 13, 1979, a public hearing was held on this matter. Proponent: Joe McKay, on behalf of "Q" Properties This requests is for an amendment to the site plan of the Lakeridge Country Club Estates Planned Unit Development and will enable the proponents to build under the recently approved "Zero Lot Line Amendment". There being no discussion and no opposition, the hearing was closed. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-30-731-1274 Ordinance No. 7962 - Zone Case No. 2260 (20) Request of P. D. Cunningham for Buck's Irrigation Engine Company, Inc.) Publisher's Affidavit to change Lots 1-A, 1-B9 1-C, 1-D, 1-E, 1-F 2-A, 2-B, 2-C, 2-D 2-E, and on Page 733-A 2-F, Block 2, Milton Addition, City of Lubbock, Lubbock County, Texas from C-4 to M-1 Zoning District (located at 515 Amarillo Road). The Planning and Zoning Commission recommends that this recuest be approved, subject to the following condition: I. That lots 2-C, 2-D, 2-E and 2-F be granted M-1 zoning. ORDINANCE NO. 7962 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OIL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2260;; CHANGE LOTS 2-C, 2-D, 2-E, AND 2-F, BLOCK 2, MILTON ADDITION, CITY OF LUBBOd, LUBBOCK COUNTY, TEXAS FROM C--4 TO M-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. I In accordance with a Notice published in the Lubbock Avalanche -Journal on November 13, 1979, a public hearing was held on this matter. [i F1 lil I r F F F '13 Wfdts� Proponent: P. D. Cunningham, on behalf of Buck's Irrigation Engine Company, Inc. This request relates to frontage on the Amarillo Highway (US 87) which is a future corridor of Interestate Highway 27 and basically allows for outside storage for the Proponent. The request area is surrounded by heavy commercial and industrial development. Proponent indicated there would be no change on Erskine or the Amarillo Highway due to the right- of-way proposed for the Interstate; he likewise indicated that he was agreeable to the stated conditions. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-389732-1275 Ordinance No. 7963 - Zone Case No. 1660-E (21) Request of Sonny Arnold (for Plains_ National Bank) to change Lot 2, Publisher's AffidavitAge_e-Pharr Addition, City of Lubbock, Lubbock County_,Texas from R-1 on Page 733-A to AM Zoning District (located at 2402 - 52nd St.). The Planning and Zoning Commission recommends that this request be approved. LGB:c1 ORDINANCE NO. 7963 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1660-E: CHANGE LOT 2, AGEE-PHARR ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO AM ZONING DISTRICT; PROVIDING FOR A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with a Notice published in the Lubbock Avalanche -Journal on November 13, 1979, a public hearing was held on this matter. Proponent: Sonny Arnold, on behalf of Plains National Bank This request is on the same site previously presented by Mr. Arnold requesting at that time a condominium apartment request, at which time he encountered a great deal of residential opposition. This request for AM Zoning is for the purpose of a single -story office building tied to the site plan presented. In response to Council query, Mr. Arnold indicated that there had been no opposition from the residents for the proposed structure. Mr. Bertram indicated that the Planning and Zoning Commission had placed one condition upon the site plan, that being that the structure be limited to one story as presented in the site plan and indicated in the proposed ordinance. Mr. Arnold was agreeable to this condition. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-384732-1276 Ordinance No. 7964 - Zone Case No. 2224-A (22) Request of Ken Fla&g (for Old Glory Corporation and _others)for a Specific Publisher's Affid- Use Zone Change from R-1 to R-1 Specific Use Permit under 2rovisions of avit on Page 733-A Section 22.3-2 of the Zonin& Ordinance for townhouses on a tract of land out of Section 9, Block E-2, Western Meadows Addition, and change a tract of land out of Section 9 Block E-2 and Lots 114 through 119 and Lots 134 through 139 Western Meadows Addition City of Lubbock, Lubbock County, Texas from R-1 to R-2 Zoning District located from 56th Street to 58th Street between York Avenue and Slide Road). The Planning and Zoning Commission recommends that this request be approved. ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THY FOLLOWING CHANGES: ZONE CASE NO. 2224- A; CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON: CHANGE A TRACT OF LAND OUT OF SECTION 9, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE LOTS 114 THROUGH 119 33 2 g J9ls AND LOTS 134 THROUGH 139, WESTERN MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE ANDI PROVIDING FOR PUBLICATION. In accordance with a Notice published in the Lubbock Avalanche -Journal on November 13, 1979, a public hearing was held on this matter. Proponent: Roy Middleton, on behalf of Old Glory Corporation This request lies between 56th and 58th Streets, and between Slide Road and York Avenue, and is located in an area where there are numerous inquiries and requests for commercial zoning. At the hearing held by the Planning and Zoning Commission, it was agreed to allow densities in this area no higher than duplex densities, a maximum of 4 lots east of Slide Road with the remaining area over to York Avenue to remain single family. This zone request consists of three parts: "1. R-2 zoning is in keeping with the Land Use Plan by the Commission; 2. R-1 Specific Use Townhouses follows the dicates of the Commission in that it is single family; however it will involve owner -occupied townhouses as opposed to single-family detached units; 3. Closure of 57th Street where there is currently a traffic light at 57th and Slide Road. This light was placed there primarily to handle traffic going in and leaving the northside of the South Plains Mall." There being no discussion and no opposition, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38-733-1277 Ordinance No. 7965 - Zone Case No. 2255 (23) Request of Burl W. Masters (for William and Ida Levine) to change a tract .1 Publisher's Affidavit of land out of Section 36, Block A-K, City of Lubbock, Lubbock County, Texas, on Page 733-A from R-1 to R-2, A-1, C--2 and R-1 _Sp_ecific Use Zonin& Districts (located west of Frankford Avenue and North of 66th Street). i The Planning and Zoning Commission recommends that this reguest be approved., ORDINANCE NO. 7965 it AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2255�- CHANGE TWO TRACTS OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, BY AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS THEREON; CHANGE TWO TRACTS OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2 ZONING DISTRICT; CHANGE TWO TRACTS OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 36, BLOCK A-K, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO C-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordinance with a Notice published in the Lubbock Avalanche -Journal on November 13, 1979, a public hearing was held on this matter. Proponent: Burl W. Masters, on behalf of William and Ida Levine This request involves several zone classification changes located at the southwest corner of Spur 327 and Frankford Avenue and is for the purpose of developing townhouses, said request providing the proper buffering for the commercial and apartment zoning that is a part of the request and that surrounds the area in question. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. q 733-A NOV 2 9 197! r I r I — Mae" r THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Marilyn Pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rickman, Business Manager of the Southwestern Newspa- pers Corporation, 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 fifty-two weeks prior to the first insertion of this Le 9 a 1 N o t i c e - 5 35 w o rd s (a 231 Per word - $123.05 No 626673 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the or and was printed in the Lubbock Avalanche -Journal on the following dates: November 139 Iwo (City of Lubbock P.O. No. H-5380) Bu ness Manager L1' BBOC K AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 13 t h day of N o v e mb e r , 19 79 A r�i a MARILYN PIERCE MY COMMISSION EXPIRES FEB. 1, 1980 Notary Public in and for Lubbock County, Texas 79-38L731-1273 (19) 79-38$733-1277 (23) 79-38g731-1274 (20) 79--38A732-1275 (21) 79-38g732-1276 (22) NOTICE OF CITYCOI)NC LHEARING NOTICE is hereby given to all in - forested persons as provided by law, that the City Council will hold ■ public hearing on the 29th day of November, 1979, at 10:30 s.m„ in the City Council Chamber On the Second Floor of the City Hall In Lubbock, Texas, to consider the recommendations of the Planning and Zonin Commission that the Zoning Ordinance 2014 be amended to amend Sectlons of said Zoning Ordinance as described below: and at which time and place all Inter- ested persons will be given an op- pOrtun-ty to be heard, after which hearing, the City Council will de• termine whether the Ioning Ordl- nance wil: toe amended ,n accord. once with such recommendation' .' ZONE CASE NO 1111.0 — Rt- quest of Joe McKay I for " Q" Prop- erties I to change a tract of :and out of section 15, Block E•2, C,ty of Lubbock, Lubbock County, Texas. to amend the site plan.: Located at 92id Street aid Vicksburg Ave- nue ) The Planning and Zoning Commis- slan recommended to the City Cour,:il that this request be ap- proved 2 ZONE CASE NO 2255 —Request of Burl W. Masters (for William and Ida Levine) to change a tract of land out of Section 36, Block A-K. City of Lubbock, Lubbock County, Taxes, tram R•1 to R-Z A- 1. C•2 and R•1 Specific Use Ioning District$. (Located West of Frank - ford Avenue and North of "th Street r The Planning and Zoning Commis - sign recommended to the City CouncI that th.s request be ap- proved. 3. ZONE CASE NO I260 — Request of P. D. Cunningham (for Suck's trrigation Engine Company, Inc I to thong' Lots 1-A, 1-6 I-C. I-D, i -E. I-F, 2-A, 3.5, I-C, 2-D. 2-E, and 2-F, Block 2, Milton Addiction, City of Lubbx%. Lubbock County Tex- as, from C°4 to M;I Zaning District. (Located at 515 Amarillo Road.) The Planning and Zoning Cornmis- sion recommended to the City council that this request be ap- proved,' suoject to the following condition: a. That Lots 2-C, 2•D, 2-E and 2-F be gpCinied M-1 t:ontngp 4- ZONE CASE NO, 1660.E — Ro- quest of Sonny Arnold (for Plains National Bank) to change Lot 2, Agee -Pharr Addition, City of Lup- bock, Lubbock County, Texas, from RA to AM Zoning OlstriU- I Located at 2402 Sind Street.: The Planning and Zoning commis- sion recommended to the Cloy Cpuncll that this request be am proved. 5. ZONE CASE NO 2224-A — Re- que$t of Ken Fagg (for Old Glory Corporation and others] for a Spa CHIC Use Zone Change from R-1 10 R-1 Specific Use Permit under provisions of Section 22.3.2 of the Zoning Ordnance for townhouses on a tract of land out of Section 9, Block E-2. Western Meadows Addi- tion and Change a trail Of land out Of Section 9, Block E-Z and Lot$ 114 thru 119 and Lots 134 thry 139, Western Meadows Addition, City of Lubbock, Lubbock Coi.nty, texas, from R-I to R-2 Zonng District. (Locsfed from Stith Street 10 Wit Street between York Avenue anC Siir.0 Rose.) The Planning and Zoning Commis $,art recommended to the C t) Council that this request be ap, proved q 1979 I 0 r r r 79-38-734-1278 (24) Ordinance No. 7966 OV 14 19. An appropriation ordinance in the amount of $20,000 from the Traffic Signal Bond Fund for installation of a traffic signal at 82nd and Slide Road. FORM L-2 ORDINANCE NO. 7966 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: TRAFFIC SIGNAL BOND FUND The sum $ 20,000.00 For the following purpose: Labor and materials to install a traffic signal at 82nd and Slide Road. AND IT IS SO ORDERED Passed by the Council on first reading this 29th day of November , 1979. Passed by the Council on second reading this day of , 1979. ATTEST: CITY SECRETARY -TREASURER MAYOR VERIFIED BY:/s/Jim C. Blagg FINANCE OFFICER APPROVED BY:/ /B. McDaniel/Traffic Eng. HEAD OF DEPT. DEPT. The installation of the referenced traffic signal will need the approval of the Texas Highway Department as Slide Road is a farm -to -market road and under the Highway Department's jurisdiction. Slide Road has recently been widened and it now consists of seven lanes of traffic. The proposed signal installation will cost $30,000 of which $20,000 has been designated from the Traffic Signal Bond Fund; the additional $10,000 has been approved in the revenue sharing allocation. It is possible that signal heads removed from other locations could be used, which would allow approximately $400 saving in the installation. The motion, was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-384-734-1279 Request of Texas Bank to modify policy regarding median removal in order (25) to provide median break on University Avenue. Appearance: Burl Masters, on behalf of Texas Bank and Trust Company The request on behalf of the Bank is for the purpose of cutting a break in the median on University Avenue at 20th Street to allow southbound traffic on University to turn eastward onto 20th Street allowing easier access to the motor drive-in bank. This request was made in September of 1975 at the time the Bank contemplated construction, and at the time left -turn movements were allowed off of University onto 19th Street but the request for the median break at 20th Street was denied. At this time (in 1975) there had been a long-standing policy by the City Council to allow median openings only at 600 feet intervals; this request is approximately 385 feet from 19th Street, and therefore would be in violation of that long-standing policy. In October, 1978, the City Council adopted a Median Removal Policy after careful research and consideration, which provides, to -wit: 1. Median may be removed where a minimum of 600 feet of contininous two-lane left -turn lane can be provided, where possible 1/4 mile. 2. Adjacent property owners shall be responsible for all costs for all median modifications or removals. 3. No median shall be removed unless a 12-foot wide minimum storage lane can be provided for in the continuous two-way left -turn lane. The costs involved by the various departments, should the request be are estimated as follows: 1. Engineering Department $20,650 (This involves pavement and median removal and reconstruction, including a concrete median.) 2. Street Lighting 1,000 (This involves the relocation and adjust- ment to street lights.) 3. Parks and Recreation 5,150 (This involves removal and adjustments to existing irrigation equipment & plants.) Mr. Master's presentation gave the historical background of the development of the Bank, the strong tract record it has developed in the short period of time; the needed relief in congested traffic at the present points of ingress and egress to the motor bank facility as well as to the parking lot, the recommended construction of the left -turn lane which would not deter the thoroughfare traffic in adjacent lanes, all of this presentation being displayed on elevations prepared by Mr. Masters. Dr. Neil Pierson, Chairman of UNIT Neighborhood Association appeared to express the concern of the residents on 20th Street who were under the impression that the crossover at the median break would provide a crossover onto University which would alter the traffic flow pattern considerably for their residential area. Dr. Pierson was reassured by Mr. Masters that this would not be in effect and supported his point by the visual aide on displa; Mr. Jim Bertram, Director of Planning, commented that the major concern with the left turn lane was: 1. violation of the existing median break policy as well as the problems resulting in the backup in that left turn lane, said problems resulting from the stick-to-itiveness of drivers who wish to make that left turn into the drive-in motor bank, this would overflow into the thoroughfare lanes adjacent to the left turn lane and would create congested areas into the intersection of University and 19th. With respect to the estimated costs, Mr. Masters did indicate that he felt that was excessive; that he could pave the entire street in gold for those projected costs, that the sum submitted by the Parks and Recreation Department was for compensation fees for the costs of removal of the trees, the parts of the irrigation system and so forth. Mr. Masters did indicate that the Bank was willing to share a portion of the costs involved, i.e. 50-50 basis with the City. It has been a long established policy that asphalt paving is not done from the period of time of December 15 to March 15 (winter weather) and therefore these calculations were based on concrete paving, the Engineering Department being under the impression that the requesting party was going to do this immediately. Mr. Bertram did indicate that each department must stand on the validity of its own calculations as presented to him. Pursuant to the discussion that followed, Councilman McAlister requested a detailed description of the calculations of costs, particularly with respect to costs of asphalt paving vs. costs of concrete paving; City Attorney John Ross indicated that the Council should give some thought to changing the policy of median cuts in light of the fact this request does not comply with the existing policy; Councilwoman Jordan indicated the need for additional traffic flow data for the entire intersection and specifically as it relates to the ingress -egress areas of the Bank. The motion was then made by Councilwoman Jordan to receive additional data with respect to cost estimates, traffic flow be secured and the matter considered at the December 12, 1979 Regular City Council Meeting. The motion died for lack of a second. Councilman McAlister indicated there should be some reference to the determination of costs and who was going to pay what and how much. The motion was then made by Councilman McAlister to approve the concept of the median cut subject to better clarification of the costs and determination of who was to pick up what portion of the costs, and consider the matter further at the December 12, 1979 Regular City Council Meeting. This motion J� L EI F l'i died for lack of a second. The motion was then made by Councilwoman Jordan, seconded by Councilman McAlister to consider this matter again at the December 12, 1979 Regular City Council Meeting, the staff preparing for consideration additional data on costs and the recommendations of how these costs should be assumed. City Attorney John Ross injected that consideration also should be given to the existing median cut policy. Motion carried: Councilwoman Jordan, Councilman McAlister voting Yea; Mayor West voting Nay; Councilman Aderton abstaining; Mayor Pro Tem Henry absent from Council Chambers. 79-30-736-1280 Selection of engineering firm for grade separation study at East 34th (26) Street and Quirt Avenue. The Selection Committee for the Traffic Engineering Study of East 34th Street and Quirt Avenue composed of Jim Bl.agg, Assistant City Manager, Chairman of the Committee, Bill McDaniel, Jim Bertram, Willie Watson and David Elliott from the City staff, and Glenn Johnson from the Highway Department, met and reviewed four proposals submitted by engineering firms. The criteria in which the Committee was interested was the work done by these firms with railroad grade separations. The Committee's recommendation is the firm of Turner, Collie, and Braden, Inc. This firm is one of the nation's largest traffic engineering consultant firms with over 30 years of experience; they have performed over 100 projects for municipal governments and for private enterprises; their experience includes studies with railroads, grade separations, pedestrian bridges, and all types of bridge design. The firm ranks number 53 in the nation's top 500 design firms. The Committee feels the firm's broad based experience both in railroad grade separation and bridge design in different states and cities would given them a broader base on which to make the recommend- ations for the traffic study here in Lubbock. The Committee recommends the selection of this firm subject to being able to negotiate a reasonable contract fee for the study; in the event that is not possible, they would recommend the firm of Henningson, Durham & Richardson, Inc., whose home -office is in Nebraska. The motion was made by Councilman McAlister, seconded by Councilman Aderton to accept the Committee's recommendation and commence negotiations with the firm of Turner, Collie and Braden, Inc., to perform the traffic study with respect to the grade separation at East 34th Street and Quirt Avenue; in the event the arrangements cannot be worked out, the Committee is to submit the matter to the Council for further consideration and an alternate decision. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. 79-384-736-1281 Consider the 2rice and conditions of sale of Parcel 13-10 in the Coronado- (27) Tex. R-33 Urban Renewal Area. Re -developer: James Parks for single-family residence ($938.00 79-38A736-1282 Consider the price and conditions of sale of Parcel 20-1 (a part thereof) (28) in the Coronado -Tex. R-33 Urban Renewal Area. Re -developer: David A. Johnson for single-family residence ($750.00) The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve the price and conditions of sale for parcels 13-10, Coronado - Tex. R-33 Urban Renewal Area, and parcel 20-1, Coronado -Tex. R-33 Urban Renewal Area. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. 79-38L736-1283 Setting a date and time fora public hearing on the 1980-81 Community (29) Development Annual application. The CDBG regulations require the City Council conduct a Public Submission Hearing on the annual application. The first hearing is held to allow citizens the opportunity to comment on the proposed application. The 1980-81 Entitlement period is for an allocation of $3,311,000. The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to hold the CDBG public hearing on December 12, 1979 at 11:00 a.m. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. }YV 2,q 79-38"-737-1284 (30) 79-38A 737-1285 (31) Setting a date and time to consider enterin& into a coo eration a reement with the Housing Authority of Lubbock. Due to an error in publication, HUD Area Office has declined approving the Cooperation Agreement approved by the City Council in August of 1979. A new agreement must be executed before any new unit of low rent public housixt can be approved for Lubbock. The guidelines stipulate that notice of public. hearing must appear 60 days prior to said hearing. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to hold a public hearing on the Cooperation Agreement with the Housing Authority of Lubbock on February 14, 1980 at 11:00 a.m. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. Resolution No. 343 A resolution authorizing acquisition of land for the pur2ose of park development in the ^South Overton neighborhood. RESOLUTION A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PARCELS OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE SOUTH OVERTON NEIGHBORHOOD; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that certain parcels of land located in the vicinity of 14th Street and Avenue U within the City 6f Lubbock, Lubbock County, Texas, should be acquired and developed for public 'I park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has con -II tracted with the City of Lubbock to provide funds through the Community Develop- ment Program to aid in the development of such a project; and, it WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, Parcel No. 67440-44-10 being owned by WILLIAM A. BETHUNE and wife NANCY BETHUNE; Parcel No. 67440-44 -11 being owned by RAYMOND HOGAN; and Parcel No. 67440-44-12 being owned by ARLO M. SHORE; and WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the respective owners, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a publ park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 67440-44-10 (2019 14th Street): The East 37� feet of Lot 10, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $20,000.00 (Twenty Thousand and no/100 dollars) Parcel No. 67440-44-11 (2021 14th Street): The West 12-� feet of Lot 10 and the East half of Lot 11, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $9,000.00 (Nine Thousand and no/100 dollars) Parcel No. 67440-44-12 (2023 14th Street): The West half of Lot 11, and all of Lot 12, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $26,500.00 (Twenty-six Thousand Five Hundred and no/100 dollars) THAT the respective owners, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said parcels of land, and each of them, for the purposes herein stated, for the use and benefit of the City of Lubbock, 1B T. IF 'r 0024 1 being the amounts hereinabove stated, and that unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said parcels of land, and each of them, as hereinabove described, for public park purposes. Passed by the City Council this ATTEST: 29th /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Vicki Foster day of November , 1979.- /s/ Dirk West DIRK WEST, MAYOR Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie, Assistant City Attorney Acquisition for park land south of Carrol Thompson Junior High School was approved in several phases beginning with the 5th Year CD Program, at which time three parcels were approved, to -wit: #66440-44-10, #67440-44-11, and #67440-44-12. The appraisals as set forth in the Uniform Acquisition Act are: 1. Parcel #66440-44-10, east 37 1/2 feet of Lot 10, Block 44, Overton Addition (2019 14th Street --William A. Bethune-- $20,000) 2. Parcel #67440-44-11, west 12 1/2 feet of Lot 10, and east 1/2 of Lot 11, Block 44, Overton Addition (2021 14th Street --Raymond Hogan--$9,000) 3. Parcel #67440-44-12, west 1/2 of Lot 11, and all of Lot 12, Block 44, Overton Addition (2023 14th Street -- Arlo M. Shobe--$26,500) The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to accept the staff recommendation and make the appropriate offer for the above referenced parcels as listed; in the event the offers are not accepted, to then authorize the staff to initiate condemnation proceedings. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. 79-3e 738-1286 Resolution No. 344 (32) A resolution authorizing acquisition of Parcel 99600-95-250 for the purpose of park development in the Yellowhouse Canyon Lakes project. RESOLUTION A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of the south rim of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has con- tracted with the City of Lubbock to provide funds through the Community Develop- ment Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by J. W. WRIGHT; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a publiP park the fee simple title to the land lying and being situated in Lubbock { County, Texas, and described as follows, to -wit: Parcel No. 99600-95-250: (See attached Legal description) Purchase Price - $23,300.00 (Twenty-three thousand three hundred and no/100 dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee situp e title and acquisition of said land for the purposes herein stated, for the u e and benefit of the City of Lubbock, being the amount hereinabove stated, and 1 that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the Ci y of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this 29th day of November , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: /s/ W. M. McKamie W. M. McKamie, Assistant City Attorney Legal Description of Parcel No. 99600-95-250. Field Notes for a tract of land out of Section 3, Block B, Lubbock by metes and bounds as follows: BEGINNING at a point which bears South 4016.27 feet and East 3775.34 II feet from the Northwest corner of Section 3, Block B, Lubbock County, Texas, said point also being S. 89°43'39" E., 20 feet from the Southeast Corner of Lot 226, Manhattan Heights Addition to the City of Lubbock, Lubbock County, Texas, and in the East line of Alley; THENCE N. 00016'21" E., 334.29 feet along the East line of Alley to a point; THENCE N. 21°17'39" W., 275.00 feet along the East line of Alley to a point; THENCE N. 55030'39" W., 617.00 feet along the Northeast line of Alley to a point; THENCE N. 89043'39" W., 1092.27 feet along the North line of Alley to a point; THENCE S. 44054'27" W., 170 feet along the Northwest line of Alley to a point; THENCE N. 77027'43" W., 10.68 feet along the North line of Alley to a point; I U , Texas, describ 79-380-740-1287 (33) Nov; q 19 THENCE N. 19043'39" W., 142.46 feet along the East line of Alley to a point in the Southeast line of East 28th Street; THENCE around a curve to the left, along the Southeast line of East 28th Street, said curve having a radius of 661.27 feet, a chord distance of 31.72 feet to a point in the Southeast line of East 28th Street; THENCE N. 45005'33" W., 30.00 feet to a point in the center line of East 28th Street; THENCE N. 44054'27" E., 400.00 feet, along the center line of East 28th Street, to a point approximately 20 feet Southwest from the Southwest sanitary sewer line, from which point fence corner post bears Northeast 48.8 feet; THENCE S. 46001'46" E., 74.8 feet to a point approximately 20 feet Southwest of the Southwest sanitary sewer line; THENCE S. 78*35' E., 697.31 feet to a point approximately 20 feet South of the South sanitary sewer line, from which point fence corner post bears North 63 feet; THENCE N. 86053'40" E., 522.45 feet to a point approximately 20 feet South of the South sanitary sewer line, from which point fence corner post bears Northeast 52 feet; THENCE S. 42059'E., 761.38 feet to a point approximately 20 feet South- west of the Southwest sanitary sewer line, from which point fence corner post bears Northeast 51.4 feet; THENCE S. 28*45' E., 651.54 feet to a point approximately 20 feet South- west of the Southwest Sanitary sewer line, from which point fence bears Northeast 77.5 feet; THENCE N.89043'39" W., 497.96 feet to the Place of Beginning, containing 15.5384 acres. The 1979-80 CD Program allocated funds to acquire park property along the south rim of Lake 6. Appraisals for this parcel have been made according to the Uniform Acquisition Act Standards. The parcel is appraised for a sum of $23,300 for 15,548 acres, approximately $1,499 per acre. The motion was made by Councilman McAlister, seconded by Councilman Aderton to accept the staff's recommendation to make the appropriate offer for the above referenced parcel; in the event the offer is not accepted, to authorize the staff to then initiate condemnation proceedings. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. Resolution No. 345 A resolution listing streets and alleys to be added to the 1979 Assessment Pavina Program. RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT: I. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: ALLEY (10' WIDE) NAME FROM TO E W alley bet. 43rd & 44th Gary Ave. Hartford Ave. STREETS 65th Street (361) Vi cksburg Ave. York Drive Vicksburg Ave. (36') 65th Street 66th Street York Drive (36') 62nd Street 65th Street IA41 19 N r 64th Street (361) Utica Ave. Vicksburg Ave. Akron Ave. (36') N. Loop 289 Stanford St. Raleigh Ave. (36') Itasca Street Alley S. of Itasca 65th St. (36') Salem Ave. Toledo Ave. 65th St. (36') Vicksburg Ave. Utica Ave. Utica Ave. (42') 64th Street 66th Street II. Said portions of streets, highways, and avenues shall be improved by raising, grading and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compaceted caliche base and by surfacing with four (4) course penetration type or 1-3/4" hot mix type asphaltic surface treatment. Alleys shall be improved by installing a ten (10) foot wide, 5" thick reinforced concrete strip in the center thereof. The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each unit shall be paid for in the following manner: (a) Railways and street railways using, occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. STREET IMPROVEMENTS (b) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. ALLEY IMPROVEMENTS (c) The abutting property and owners thereof shall pay and shall be assessed for a part of the remaining cost of such improvements, after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner: All property will be assessed ninety (90) percent of the total construction cost. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits; however, with respect to the E- W alley between 43rd St. and 44th St. and from Gary to Hartford, property will be assessed at 50% of total construction cost because the petition for such alley paving was being circulated prior to effective date of the ordinance changing assessment to 90% of total construction cost to be paid by abutting property owners, this 50% assessment is allowed as an exception to such ordinance. (d) The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereby, and against abutting property and the owners thereof under sub -paragraph (b) and (c) above, shall be paid by the City of Lubbock. V. The amounts assessed against and to be paid by railways and street railways for work between rails and tracks and 2 feet on each side thereof shall be paid on estimates or statements on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date 79 Oka due and until paid at the rate of 6% per annum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installations, the first of which shall become due on or before 20 days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at the rate of six percent per annum on street improvements and seven percent per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures: Then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. VI. Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and accordance with the Charter and amendments thereto, now in force in this City, and in accordance with the provisions of Article 1105B Revised Civil Statutes of Texas as amended by Chapter 281 of the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 29TH DAY OF NOVEMBER, 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AT TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney Ten paving sub -units for streets and alleys have been added to the 1979 Assessment Paving Program. This request is to approve these additions. There has been a request from property owners on the alleys sub -unit and their assessment be based on 50% property owner rate or $6.74 per linear foot, since they submitted their petition prior to the change in the percentage participation. The Legal Department advises that this is possible since their petition was submitted prior to the final action changing the percentage participation policy. Only one alley is involved. The last two units on the list, i.e. 65th Street -Vicksburg to Utica; Utica Avenue from 64th to 66th Street, were placed on the list for reasons of drainage and traffic. There were telephone requests from various school groups for paving of Utica because it is a collectors street and is access to the Nat Williams Elementary School, located at 58th Street and Utica. The paving guidelines indicates that it must have 50% of the lot owners or 50% of the home owners. A public hearing including these streets and the one alley will be necessary and is suggested for future planning. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve this resolution and to hold a public hearing to include these units and alley on February 28, 1980 at 2:00 p.m. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. IUQv,j I JA4:3 !v 2 g 1979 79-38k743-1288 Resolution No. 346 (34) A resolution accepting curb and gutter improvements constructed by Kerr Construction Company on Slide Road from South Loop 289to 82nd Street. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF SLIDE ROAD AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street ordinances and resolutions and the Texas Department of Highways and Public Transportation has entered into contract with Kerr Construction Company for the making and construction of the outermost curb and gutter improvements on portions of Slide Road in said City including the following: The West and East sides of Slide Road from its intersection with the South Property Line of South Loop 289 to an intersection with the North Property Line of 82nd Street known and designated as Sub -Unit Number 35 of Unit Number 2233. AND WHEREAS, the improvements upon the said portions of the abovementioned highway have been inspected and found to have been constructed in accordance with terms of said contract. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned highway be and the same are hereby accepted. Now That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of Slide Road listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 29TH DAY OF NOVEMBER, 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 79-38�L743-1289 Resolution No. 347 (35) A resolution accepting avin im rovements constructed by Kerr Construction Company for the 1979 Assessment Paving Program (Unit No. A-460-73). RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. - 1A 1J 79-381744-1290 (36) WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with Kerr Construction Company, G.W.O. 10,976, for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: The North -South and East-West alley between Norwood Avenue and Norfolk Avenue from the North Property Line of 68th Drive to the West Property Line of Norfolk Avenue known and designated as SubUnit Number 73 of Unit Number A-460. AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,976. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accor- dance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from amd after its passage. PASSED AND APPROVED THIS 29TH DAY OF NOVEMBER, 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE; Consolidated Final Estimate attached to Original Resolution No. 347. Resolution No. 348 A resolution accepting paving improvements and authorizing final payment to W. D. Turner Construction Company on the 1978 Assessment Paving Program. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS, AND/OR AVENUES AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances and resolutions and entered into contract with W. D. Turner Construc- tion Company (G.W.O. 10,956-Streets) for the making and construction of street and/or alley improvements on portions of numerous alleys, streets and/or avenues in said City including among others the following: West half of Kewanee Avenue (concrete curb and gutter and alley returns only) from its intersections with a line 15.00 feet South of the South Property Line of 30th Street to its intersection with the North Raw Edge of 34th Street known and designated as Sub -Unit Unmber 38 of Unit Number 2234. Nova, III 1'V S 1919 79-38'L745-1291 (37) AND WHEREAS, the improvements upon the said portions of the abovementioned alleys, streets and/or avenues, have been inspected and found to have been constructed in accordance with terms of said contract G.W.O. 10,956-Streets. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned alleys, streets, and/or avenues be and the same are hereby accepted, and the City Engineer be and he is hereby authorized to direct payment of the City's portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the alleys, streets and/or avenues listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. This resolution shall take effect and be in force from and after its passage. Passed and approved this 29th day of ATTEST: November_, 1979. /s/ Dirk West DIRK WEST, MAYOR /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate filed with Original Resolution No. 348. The 1978 Paving Project has been completed except for paving the west half of Kewanee between 30th and 34th Streets, which cannot be completed until the right-of-way matter is settle with Mr. Arch Lamb, the final payment is in the sum of $1,041.26. The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass Resolution No. 346, Resolution No. 347, and Resolution No. 348, authorizing final payment connected with the Resolution No. 348. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. Resolution No. 349 A resolution accepting avin improvements constructed by H. C. Lewis Construction Company for Tracts "A" and "B" of Overton Addition. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON THE ALLEY LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Overton Addition, Tracts A and B, Block 134, made arrangements with H. C. Lewis Construction Company for the construction of paving improvements on a certain alley dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Overton Addition including the following alley: r 11 n 79-38g746-1292 (38) r North -South East-West alley between loth Street and Main Street from Avenue "0" to Avenue "Q" known and designated as Sub -Unit Number 55 of Unit Number A-460. AND WHEREAS, the construction of the above improvements on the abovemen- tioned alley was performed under the supervisionof the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. THAT the improvements on said portions of the abovementioned alley be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. Passed and approved this 29th day of November , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate filed with Original Resolution No. 349. Resolution No. 350 A resolution acceptin_$_curb and gutter improvements constructed by Kerr _Construction Company for the _west side of Frankfo_rd Avenue from 72nd Street to 73rd Street for Tract "A" Brunken Bill Addition. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Brunken Hill Addition, Tract "A", made arrangements with Kerr Construction Company for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Brunken Hill Addition including the following street: The West 1/2 of Frankford Avenue from its intersection with a line 15.00 feet north of the North Property Line of 72nd Street to its intersection with a line 15.00 feet south of the South Property Line of 73rd Street known and designated as New Subdivision Sub -Unit Number 74 of Unit Number 2019 (concrete only); AND WHEREAS, the construction of the above improvements on the above - mentioned street was performed under the supervision of the City Engineer and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. W �. n g '019 THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. TI. I This resolution shall take effect and be in force from and after its passage. Passed and approved this 29th day of November , 1979. /s/ Dirk West DIRK WEST, MAYOR ! ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney *NOTE: Consolidated Final Estimate filed with Original Resolution No. 350 The motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass resolution No. 349 and Resolution No. 350. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem. Henry absent from Council Chambers. 79-38'L747-1293 Resolution No. 351 (39) A resolution authorizing the Mayor to execute a contract between the City and R. E. Jones to extend the time of payment of a Paving Assessment Lien for five. (5)-_years. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to extend time of payment of a Paving Assessment Lien by I R. E. Jones to said City, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Said City is to receive a Street Dedication Deed as consideration therefor. Passed by the City Council this 29th day of November ,1979, o Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Tom Nivens /s/ J. Worth Fullin im 11 Tom Nivens, Right -of -Way Agent J. Worth Fullingim, Asst. City 4ttorney 1 .., r F Xd0T/,.7 _{ CONTRACT TO EXTEND TIME OF PAYMENT OF A PAVING ASSESSMENT LIEN AND PROVIDE FOR THE CONTINUED VALIDITY OF SUCH LIEN IN EXCHANGE FOR STREET DEDICATION This agreement made as of the 29th day of November , 1979, by and between R.E. Jones herein called "OWNER" and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor, herein called "CITY", said agreement becoming effective upon execution by both parties hereto. WITNESSETH: SECTION I - SUBJECT MATTER OF TRANSACTION The purpose of this agreement is the extension of time of payment of a paving assessment created by City Ordinance No. 7843 enacted October 11, 1979, and filed for record in Volume 1662, Pages 466-505 (inclusive) and particularly Page 494 therein of the Deed Records of Lubbock County, Texas. This assess- ment being secured by a lien to pay the cost of paving adjacent to the follow- ing described tract of land, to -wit: Beginning at a point which is 1,539.00 feet West and 55.00 feet South of the Northeast corner of Section 15, Block E-2, Lubbock County, Texas; Thence East along a line 55.00 feet South and parallel to the North line of said Section 15, Block E-2 a distance of 483.00 feet to a point; Thence South 150.00 feet to a point; Thence West 498.00 feet to a point, said point being 60.00 feet East of the East line of Tract A, Sh Ri De Heights Addition to the City of Lubbock, Texas; Thence North along a line 60.00 feet East and parallel to the East line of said Sh Ri De Heights Addition a distance of 135.00 feet to a point, said point being the beginning of a curve in a Northeasterly direction whose radius point bears East 15.00 feet, with a delta angle of 90°, a tangent length of 15.00 feet and an arc length distance of 23.56 feet; Thence around said 15.00 foot radius curve an arc length distance of 23.56 feet to the Point of Beginning. For and in consideration of extension of time to pay off said lien as above described and on the terms herein set forth, OWNER agrees immediately upon being requested in writing by City delivered by certified U.S. mail to OWNER (R.E. Jones) to his last address known by City, to execute and forward to the City a Dedication Deed on a form submitted by City to OWNER contempor- aneously with this Agreement, dedicating a strip of land to the City and/or the Public for use as a public street covering the following described tract of real estate: BEGINNING at a point which is 1,584.00 feet West of the Northeast corner of Section 15, Block E-2, Lubbock County, Texas; THENCE East 528.00 feet to a point; THENCE South 55.00 feet to a point; THENCE West 21.35 feet to a point; THENCE North 5.00 feet to a point; THENCE West 10.00 feet to a point; THENCE South 5.00 feet to a point; THENCE West 451.65 feet to a point, said point being the beginning of a curve in a Southwesterly direction, the radius point of which bears South 15.00 feet, with a delta angle of 90° and an arc length distance of 23.56 feet; THENCE around said 15.00 foot radius curve an arc length distance of 23.56 feet to a point; THENCE West 30.00 feet to a point; THENCE North 70.00 feet to the Point of Beginning. 29,488.29 Square Feet, 0.677 Acres. If said dedication deed is not received by City within 30 days after date of this agreement in form suitable for recordation, then in such event this agreement may at option of City be declared null and void, and no longer of any force or effect. SECTION II For and in consideration of the City of Lubbock paying for the construction of the paving adjacent and abutting the hereinabove described property, OWNER, its successors and assigns as owner of such property promises and does hereby by these presents promise to pay to the City of Lubbock $9,591.48 on or befome the end of the sixtieth (60th) month following the acceptance of the paving improvements by the City of Lubbock; or when OWNER, his heirs or assigns plats for development under Article 974A, Vernon's Civil Statutes of Texas, all or any part of the real estate owned by OWNER, his heirs or assigns which is adjacent to the tract to be dedicated for street above described and/or which abuts 82nd St.; or when OWNER, his heirs or assigns, sells all or any part of such real estate --whichever event of said three events, shall first occur, and in any event not later than the end of said sixtieth (60th) month after acceptance of paving improvements by the City. SECTION III Should the hereinabove described paving assessment of $9,591.48 on the hereinabove described property be paid in whole or in part later than the sixtieth (60th) month following acceptance of the paving improvements by thei City of Lubbock, then the City shall charge and OWNER, his heirs or assigns agrees and obligates itself to pay six percent (6%) per annum interest from and after the end of said sixtieth (60th) month on the principal amount of $9,591.48 so much thereof that remains unpaid. SECTION IV OWNER, his heirs or assigns, acknowledges the existence of the paving assessment lien against OWNER under said Ordinance No. 7843, against the here- inabove described property; such assessment lien created by City Ordinance V0. 7843 and filed for record in the Deed Records of Lubbock County, Texas, in Volume 1662, Pages 466-505 (inclusive) and particularly page 494 therein, and enacted on October 11, 1979, and further, OWNER agrees that the hereinabove described paving assessment lien on the property described in said Ordinance shall remain valid, and this agreement shall in no wise be construed as a waiver or release by the City of Lubbock of said lien but same shall remain as security for this agreement and have the same force and effect as though a paving certificate were issued under the terms of the above described Ordinance. Executed by the parties in duplicate originals as of the date first written in this agreement. OWNER: /s/ R. E. Jones R.E. JONES CITY OF LUBBOCK /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary-Treas. APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -Of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared R.E. JONES, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein ' expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of___�a_ aarv.^IIT 1980. (SEAL) /s/Tom Nivens Notary Public, Lubbock County, Texas I NO +4 .0 00 IVOV,Z$ 197 THE STATE OF TEXAS X COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DIRK WEST, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK, and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of November 1979. (SEAL) /s/ Jackie Suter Notary Public, Lubbock County, Texas My Commission expires 4-13-81 Mr. R. E. Jones owns property on the south side of 82nd Street between Salem and Raleigh Avenue and has agreed to dedicate the needed right-of- way to widen 82nd Street provided that he be granted an extension of time for Paving Assessment Lien for 5 years. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolution No. 351 extending the time for pavement on the referenced lien for five years. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. 79-38A-750-1294 Resolution No. 352 (40) A resolution authorizing the Ma or to execute the dedication deed for Lots 13-17 Fry Addition (elevated tank area). JWF:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Dedication Deed in connection with the platting of Lots 13-17 (inclusive), Fry Addition to the City of Lubbock, Lubbock County, Texas, by said City, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 29th day of November 1,1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Even Gaffga, City Secretary -Treasurer Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Wilford D. Watson Title: Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney THE STATE OF TEXAS § DEDICATION DEED COUNTY OF LUBBOCK § This is to certify that the City of Lubbock, a home rule municipality, hereinafter called "City", of the County of Lubbock, State of Texas, is the sole owner of a tract of land more particularly described as follows: 51 I METES AND BOUNDS DESCRIPTION for the plat limits of Lots 13 through p g 17, Fry Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South right-of-way line of 49th Street which bears North a distance of 409.00 feet and West a distance of 429.00 feet from the Southeast corner of Section 16, Block B, Lubbock County, Texas, said point also being the Northwest corner of Lot 12, Fry Addition; R THENCE South a distance of 409.00 feet to a point in the South line of said Section 16; THENCE West, along said section line, a distance of 260.00 feet; THENCE North a distance of 409.00 feet to a point in the South right- of-way line of 49th Street; THENCE East, along said right-of-way line, a distance of 260.00 feet 1 to the Point of Beginning. CONTAINS: 2.441 acres and the City does hereby plat the above -described property into lots and blocks, designating streets, alleys, easements (surface and/or underground), and other properties therein shown in accordance with the attached map, prepared by Hugo Reed & Associates, Inc., Land Surveyors, on the 5th day of November, 1979, and approved by the Planning Commission of the City of Lubbock on the day of 1979, and desiring to have the said property platted and duly filed for record as required by law, all as shown on the attached map; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the special benefits to the remainder of its property, the City does hereby DEDICATE all the streets, alleys, easements (surface and/or underground), and other public properties thereon shown and designated upon said map to the PUBLIC for PUBLIC USE FOREVER; and by these presents does impress the name of "Lots 13-17 (inclusive), FRY ADDITION to the City of Lubbock, Lubbock County, Texas" upon said property for the correct reference and description thereto by lots and blocks, as indicated upon the attached map, and it does hereby adopt the name hereinabove stated and impress the same upon the said land, incorporating said map as a part of this dedication. EXECUTED this 29th day of November , 1979. ATTEST: /s/ Evelyn Gaffga. _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § /sl Dirk West DIRK WEST, MAYOR APPROVED AS TO CONTENT: /s/ Wilford D. Watson I TITLE: Wilford D. Watson, Cityl BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DIRK WEST, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of November 1979. /s/ Jackie Suter Notary Public, Lubbock County, Texas My Commission expires 4-13-81 r r n r F It was necessary for the City to plat the area of land it owns adjacent to and including the dental firm which wishes to lease a portion of this land for construction of a parking lot. 79-3752-1295 Resolution No. 353 (41) A resolution authorizing the Mayor to execute a Lease Agreement for a portion of Lot 17, Fry Addition. JWF:pg RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 00v3.1 197 THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement (as Lessor) with CNJ Dental Building Corporation, E. Nelson Nichols, Clifford J. Breaud, and James M. Reynolds as Lessees attached herewith which shall be spread upon the minutes of the Council and as spread upon the munutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this29th day of November , 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: J. Worth Fullin im J. Worth Fullingim, Asst. City Attorney LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement entered into as of January 1, 1980 by and between the City of Lubbock, a home rule municipality located in Lubbock County, Texas, herein called "Lessor", and CNJ Dental Building Corporation, E. Nelson Nichols, Clifford J. Breaud, and James M. Reynolds, hereinafter collectively called "Lessees", in consideration of the mutual agreements continued herein to be kept and performed by the Parties hereto do hereby contract and agree as follows: I. Lessor hereby leases unto Lessees for a term of ten years beginning January 1, 1980 and ending December 31, 1989, the following described tract of land: Description of a parcel of land out of Section 16, Block B, Lubbock County, Texas (Part of the 50 Street Water Tank Site): BEGINNING at the Southwest corner of Lot 1, Folly Addition to the City of Lubbock, Lubbock County, Texas, said corner being 45.00 feet North of and 429.00 feet West of the Southeast corner of Section 16, Block B, Lubbock County, Texas; THENCE West along the North right-of-way line of 50th Street a distance of 55.00 feet; THENCE North a distance of 214.00 feet; g 19� 9 THENCE East a distance of 55.00 feet to the Northwest corner of Lot 1, Folly Addition; THENCE South along the West line of Lot 1, Folly Addition a distance o" 214.00 feet to the place of beginning. Said tract of land is a part of a larger tract of land being platted by Lessor (as owner) pursuant to the platting statute of the State of Texas known as Article 974A, V.A.C.S., said larger tract will be known as Lots 13-17 (inclusive), Fry Addition to the City of Lubbock, Lubbock County, Texas, an after such platting is complete, the said smaller tract hereinabove described by metes and bounds can be appropriately described and known as the East 55.40 feet of Lot 17, Fry Addition to the City of Lubbock, Lubbock County, Texas. II. Lessees shall pay $150.00 per month in advance to Lessor as a rental f the lease of the land herein concerned during the ten year term of this lea the first payment being due contemporaneously with the execution of this le as of January 1, 1980 and on the first day of each succeeding month thereaf during the said term of this lease. The purpose for which the land is to be used is a parking lot for vehicles as an ancillary use to an office building operated by Lessees on adjacent 'I property owned by Lessees. IV. Lessees shall pay for the cost of paving for the parking lot which shall cover about forty feet of the land, and which shall provide parking for approxi- mately 16 vehicles. Lessees shall provide an entrance from 50th Street to area herein leased circulating through such area and opening access to the alley thereby allowing circulation of traffic off 50th Street back into the paved driveway East of Lessee's present building. Lessees shall maintain suuh paving (also) in satisfactory condition for vehicular use. V. Lessees (at their expense) shall landscape and maintain during the life of this lease the remainder of said Lot 17 not herein leased and the parkway in front of said Lot 17, which parkway is located on 50th Street, in a manner and subject to approval of Lessor. VI. Lessor retains the right to keep, patrol, maintain, repair, reconstruct its water tower located on adjacent land owned by Lessor, and all its existing water department facilities and equipment in connection therewith, and Lessees at all times and seasons grant and reserve unto Lessor ingress, egress, and regress for Lessor, its agents, servants, representatives, and officials for such purposes upon, and over the premises herein leased. Lessee shall have access to the remainder of the aforesaid Lot 17 referred to in Section V above to the end that Lessee can properly landscape and maintain said remaining part of said Lot 17. VII. Lessees shall, at its expense, move, or cause to be moved, the fence from the East side of the property to the West side of the property (herein leased), said moving to be accomplished as expeditiously as possible to avoid security risks to Lessor's water tower located nearby. VIII. Lessee shall save Lessor harmless and indemnify and defend Lessor against any and all claims and lawsuits arising out of or in any manner connected with the operation and use of the leased premises by Lessee, its agents, servants, representatives, customers, or invitees. IX. All improvements placed on leased premises by Lessees shall become prop rty of Lessor upon termination of this lease by whatever cause. X. This lease cannot be assigned in whole or in part by Lessee except upon the express written permission to such assignment by Lessor. 11 I F r r f XI. This lease may be cancelled and terminated by Lessor for non-payment of rent or failure of Lessee to keep and perform any of its agreements herein contained, such termination to be in the form of 30 days written notice by Lessor delivered or mailed to last known address of Lessee. Executed as of the date first above written in Lubbock, Lubbock County, Texas. ATTEST: /s/ Even Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: City of Lubbock (Lessor) By: /s/ Dirk West DIRK WEST, MAYOR APPROVED AS TO FORM: ft WIT /s/ Denzel Percifull /s/ J. Worth Fullingim Denzel Percifull, Dir. of Public Services J. Worth Full.ingim, Asst. City Attorney CNJ Dental Building Corporation /s/ DT- . James M,.Re nolds President /s/ E. Nelson Nichols E. Nelson Nichols /s/Clifford J. Breaud Clifford J. Breaud /s/ James M. Reynolds James M. Reynolds THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, the undersigned authority, on this day personally appeared Dirk West, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29thday of November , 1979. /s/ Jackie Suter Notary Public, Lubbock County, Texas My Commission expires 4-13-81 THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, the undersigned authority on this day personally appeared James M. Reynolds , President of CNJ Dental Building Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed, and in the capacity therein stated as the act and deed of said Corporation. 1979. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19th day of December /s/Margot P. Greene Notary Public, Lubbock County, Texas �5 1g7g THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, the undersigned authority, on this day personally app-u- _.. E. Nelson Nichols known to me to be the person whose name is subscribed to foregoing instrument, and acknowledged to me that he executed the same for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19thday of December 1979. t P. Greene the the 11 Notary Public, Lubbock County, Texa; THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, the undersigned authority, on this day personally appeared �I Clifford J. Breaud, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19th day of December , 1979. s Mar of P. Greene Notary Public, Lubbock County, Texas„ THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, the undersigned authority, on this day personally appeared James M. Reynolds, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19th day of December 1979. P. Greene Notary Public, Lubbock County, Texas r At the Regular City Council Work Session on August 9, 1979, By Consensus, the Council agreed to negotiate a Lease Agreement with a clinic of dentists officing at 3410 50th Street who had requested interest in leasing 55 feet of land east of the water tower located at 3414 50th Street for the purpose of developing additional parking for their clinic. The plan would provide for an entrance from 50th Street, and for landscaping for the entire strip along 50th Street in front of the fence, and maintenance of the land involved. The clinic is agreeable to a monthly sum of $150 with projected costs of $75 for their responsibility in maintaining the area involved; the Lease is for a ten year period. It also provides for the relocation of a cyclone fence and a hold -harmless clause protecting the City from any liability. The clinic of dentists is: Drs. Reynolds, Nichols, Breaud, and Mayes. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass Resolution No. 352 and Resolution No. 353 authorizing the Dedication Deed and authorizing a Lease Agreement referenced above. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. 79-34755-1296 Ordinance No. 7967 (42) An ordinance to abandon and close all alle s and streets lying between 54th and 57th Streets and between Avenue H and Avenue J. JWF:bs ORDINANCE NO. 7967 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET AND ALLEY: THE NORTH --SOUTH ALLEYS IN BOTH BLOCKS 9 AND 10, C. N. HODGES ADDITION T THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND A PORTION OF STREET, BEING THAT PART OF TEXAS AVENUE WHICH LIES BETWEEN AND ABUTS SAID BLOCKS 9 AND 10, �1 r■+ TWE F 79-38A756-1297 AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET AND ALLEY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The area will be replatted to accommodate one business which is a proposed car dealership. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. Ordinance No. 7968 An ordinance to abandon and close the East-West ally adjacent to Lots 1, 2 3 and 4 Block 1 Frances Place Addition. Ai' D1VP- j 197 N JWF:pg ORDINANCE NO. 7968 m AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: THE EAST -WEST ALLEY WHICH IS ADJACENT AND ABUTS LOTS 1-4 (INCLUSIVE), BLOCK 1, FRANCES PLACE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE z PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY d ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE wrx CLOSING AND ABANDONMENT OF THAT CERTAIN ALLEY; PROVIDING A SAVINGS CLAUSE AND A PROVIDING FOR PUBLICATION. z C U W This alley lies west of Joliet and Methodist Hospital has purchased the 00 last remaining residential structure on these lots for parking lot development. The Hospital has agreed to grant easements for all utilities within the alley. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Council- woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor Pro Tem Henry absent from Council Chambers. 79-38d756-1298 Resolution No. 354 (44) A resolution accepting water and sewer improvements_ for lots 7-A through 11-8 Whis erwood Addition. RESOLUTION RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 7A THROUGH 11-B, WHISPERWOOD ADDITION. WHEREAS, the developer of Lots 7-A through 11-B, Whisperwood Addition, have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and WHEREAS, the total utility cost to the developer is $3,016.22 with the improvements constructed by Panhandle Construction Company having a value of $2,576.60 as determined by the unit prices established by said Chapter 34, and $439.62 cash paid to the City, with Tara Land Company, the developer, to receive no refund in accordance with Chapter 34 of the Code of the City of Lubbock. WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accor- dance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 29TH DAY OF NOVEMBER, 1979. /s/ Dirk West ATTEST: Dirk West, Mayor /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 79-3A757-1299 Resolution No. 355 (45) Well relocation agreement in the Sandhills well field. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with the John L. Birdwell heirs with respect to changing the location of an irrigation well where said City owns water rights, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 29th day of November ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Gordon W. Willis Gordon W. Willis, Superintendent of Wate Treatment APPROVED AS TO FORM: /s/ J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney AGREI STATE OF TEXAS § COUNTY OF BAILEY § WHEREAS, John L. Birdwell (a/k/a J. entered into a contractual agreement (herein called "1957 Contract") with the City of Lubbock, a home rule municipality located in Lubbock County, Texas, herein called "City", dated October 29, 1957, same being recorded in Volume 73, Pages 85-91 (inclusive) of the Deed Records of Bailey County, Texas, said 1957 Contract being incorporated herein by reference as if fully copied herein in detail in this place, and in paragraph IV of said 1957 Contract the said John L. Birdwell was granted the right to drill one irrigation well for agricultural purposes only, to be equipped with one pump, having only one column pipe, which pipe shall not exceed six inches in diameter, on either Labor 3 or Labor 4, in League 173, Sutton County School Land, in Bailey County, Texas; and, WHEREAS, the City is the owner of certain water rights in Bailey County, Texas, and has been requested by the undersigned owners of certain hereinafter described property, and the property hereinabove described, to consent to the transfer of the location of the irrigation well above referred to, to anotheri location, and the City is agreeable to granting such request: 11 1979. NOW THEREFORE: The City and Arline B. Phelps and her husband, Bernard Phelps, individ- ually, and Arline B. Phelps, Johnnie B. Brown, Christine Keeney, and J. E. Birdwell all respectively as Co -Independent Executors and Executrixes (as the case may be), and also as Co -Trustees under the last will and testament and estate of the aforesaid John L. Birdwell, now deceased, and under the testa- mentary trust known as the John L. Birdwell Trust, set up with respect to said estate, and all respectively as attorneys in fact for and acting in the stead of Cordie Birdwell, the widow of the said John L. Birdwell, deceased, and the1 said Johnnie B. Brown being joined herein by her husband, W. R. Brown, and tte 11 Li ri u r r r f F said Christine Keeney (a/k/a Christine B. Keeney) being joined herein by her Vnvas husband, W. E. Keeney, and the said J. E. Birdwell being joined herein by his wife, Genene Birdwell, all of said parties in their respective capacities, and their respective spouses herein joining, herein being collectively called "Birdwells", in consideration of the mutual covenants and agreements made as hereinafter set forth, do hereby contract and agree as follows: I. The rights of the Birdwells to drill an irrigation well as set forth in Paragraph IV of said 1957 Contract are hereby cancelled and in exchange for said cancellation the City hereby grants to the Birdwells the right to drill and maintain one six-inch irrigation well for agricultural purposes only, said irrigation well having the capacity to produce not more than 560 gallons per minute, which 560 gallons per minute is the maximum capacity allowable for a six-inch irrigation well under the Rules and Regulations of the High Plains Underground Water Conservation District No. 1, and being located at any site in either Labor 5 or Labor 6, League 172, Sutton County School Land in Bailey County, Texas. II. The said 1957 Contract is hereby only amended as specifically set forth above with respect to the cancellation of the one irrigation well, and in all other respects said 1957 Contract shall remain the same and in full force and effect. IIT. This agreement shall be binding upon and inure to the benefit of the City, its successors and assigns, and the Birdwells, their heirs and assigns. Executed as of the 29th day of November , 19 79 /s/ Arline B. Phelps Arline B. Phelps /s/ Johnnie B. Brown Johnnie B. Brown /s/ Christine B. Keene Christine Keeney /s/ J. E. Birdwell J. E. Birdwell ATTEST: /s/ Evel Gaff a Evelyn Gaffga, City Secretary - Treasurer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF Bailey § /s/ Bernard Phelps Bernard Phelps /s/ W. R. Brown W. R. Brown /s/ W. E. Keene W. E. Keeney /s/ Genene Birdwell Genene Birdwell CITY OF LUBBOCK BY: /s/ Dirk West DIRK WEST, MAYOR APPROVED AS TO CONTENT: /s/ Gordon W. Willis Gordon W. Willis, Superintendent of Water Treatment Before me, the undersigned authority, on this day personally appeared Arline B. Phelps, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capa- cities hereinabove stated and as the acts and deeds of the John L. Birdwell Estate and the John L. Birdwell Trust, and as attorney in fact for Cordie Birdwell in her stead and place. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 26th day of 19 79 November /s/ Inez F. Bobo Inez F.Bobo) Notary Public, Bailey County, Texas q 2 9 1g79 THE STATE OF TEXAS § COUNTY OF Bailey § Before me, the undersigned authority, on this day personally appeared Bernard Phelps, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this thA6th day of 19 79 . lsl Inez F. Bobo (Inez F. E Notary Public, Bailey Count Texas THE STATE OF TEXAS § COUNTY OF Fisher § Before me, the undersigned authority, on this day personally appeared Johnnie B. Brown, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities hereinabove stated and as the acts and deeds of the John L. Birdwell Estate, and the John L. Birdwell Trust and as attorney in fact for Cordie Birdwell in her stead and place. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the2lst day of Nov. 19 79 Isl Margie B. Notary Public, Texas THE STATE OF TEXAS $ COUNTY OF Fisher § Fisher Co Before me, the undersigned authority, on this day personally appeared W. R. Brown, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 21st day of Nov. 19 79 . Hale Notary Public, Fisher County, Texas THE STATE OF TEXAS § COUNTY OF Lubbock § bo) Before me, the undersigned authority, on this day personally appeared Christine Keeney, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacities hereinabove stated, and as the acts and deeds of the John L. Birdwell Estate and the John L. Birdwell Trust, and as attorney in fact for Cordie Birdwell in her stead and place. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19th day of November. , 1979 II /s/ Velma Gaines Notary Public, Lubbock Texas Gaines County, I Ili r r r )OCT/ M THE STATE OF TEXAS § COUNTY OF Lubbock $ Before me, the undersigned authority, on this day personally appeared W. E. Keeney, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 19th day of November , 19 79 /s/ Velma Gaines Velma Gaines) Notary Public, Lubbock County, Texas My Commission expires 11-14-80 THE STATE OF TEXAS § COUNTY OF Bailey § Before me, the undersigned authority, on this day personally appeared J. E. Birdwell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacities herein - above stated as the acts and deeds of the John L. Birdwell Estate, and the John L. Birdwell Trust, and as attorney in fact for Cordie Birdwell in her stead and place. 19 79 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 20th day of November , /s/ Linda Davis Notary Public,_ Bailey County, Texas My Commission expires 10--11-81 THE STATE OF TEXAS § COUNTY OF Bailey § Before me, the undersigned authority, on this day personally appeared Genene Birdwell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 20th day of November , 19 79 /s/ Linda Davis Notary Public, Bailey _ County, Texas My Commission expires: 10-11-81 THE STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, the undersigned authority, on this day personally appeared DIRK WEST, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29th day of November , 19 79 /s/ Jackie Suter Notary Public, Lubbock County, Texas My Commission expires: 4-13-81 The owners of the surface part of the Sandhills Well Field, Mr. and Mrs. Bernard Phelps, have requested they be allowed to relocate a six inch irrigation well from Labor 3 or 4, in League 173, moving said well to Labor 5 or 6, in League 172. Our contract with the owners reflect they reserved the right to two irrigation wells in this area. 2 9 1575 79-38L761-1300 (46) 79-38(1761-1301 (52) The motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve Resolution No. 354 and Resolution No. 355. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Authorizing negotiations with the engineering firms for water and sewer capital projects. Three water projects and one wastewater project are scheduled for const- tuction in 1980 and require services of an outside engineering firm. The largest projects are the Terminal Storage Reservoir at the Water Treatment Plant and Water Treatment Plant improvements, clear well and pipeline into No. 4 Pump Station from the Treatment Plant. These projects will be funded in the 1980 General Obligation Bond sale. The other water project is the control system for the wells in Bailey County and the upgrading of our controls for our local pump stations. The wastewater project is phase two of the renovation of the Southeast Water Reclamation Plant and this will be on a fixed or lump sum basis with provisions for cost plus type of arrangement for updating the local control system. It is recommended that the City negotiate a Joint Venture Contract with Parkhill, Smith and Cooper and Freese and Nichols for the larger water projects for the terminal storage reservoir, and the Water Treatment Plant improvements and the pipelines to the No. 4 Pump Station from the Treatment: Plant; and to negotiate additional contracts with Parkhill, Smith and Cooper, for the control system in the well fields and upgrading of controls at the Southeast Water Reclamation Plant. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to accept the staff recommendation and negotiate a Joint Venture Contract with Parkhill, Smith and Cooper/Freese and Nichols for the Terminal Storage Reservoir and the Water Treatment Plant improvements to include the clear well and pipeline into the No. 4 Pump Station at the Plant; additionally to negotiate additional contracts with Parkhill, Smith and Cooper for the control system in the well fields and upgrading the controls at the South- east Water Reclamation Plant. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. H Consider honoring Dr. Martin Luther King, Jr. At a public hearing held on October 25, 1979 to consider ways of honoring Dr. Martin Luther King, Jr., one of the suggestions was to name Canyon Lake No. 6 in his honor; the area is situated on the south side of the Lake just east of Estabanico area within which a waterfall is being constructed. Councilman McAlister indicated that he had problems naming a street after a person (the Human Relations Commission had requested renaming Quirt Avenue! at the time of the public hearing) but Councilman McAlister indicated that Dr. King should be honored by the City. Inasmuch as Canyon Lake No. 6 is the largest lake in the Canyon Lakes development, and will be one of the most beautiful in the future, he moved that it would be appropriate to consider naming Canyon Lake No. 6 after Dr. King; additionally, to secure some recommendation from the Parks and Recreation Board of possible ways of honoring Dr. King at the Lake, i.e. monument plaque and so forth. The motion was seconded by Councilwoman Jordan. Mayor Pro Tem Henryqueried whether or not if Y Y q subsequent information was submitted which would reflect more appropriate ways for honoring Dr. King than this particular park, would we have an open mind to that. Councilman McAlister reply was, if Mr. Henry implied recinding the above motion, he felt that all matters had been discussed throughly on two previous occassioni and it was now decision making time. The motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. There resulted a great deal of confusion from the above motion as to it's meaning as recorded by the City Secretary, the interpretation as recorded, and the intent of the Councilman, the confusion resulting from the use of the word "consider" in the motion. At 5:25 p.m., before adjourning, CouncilE man McAlister clarified the situation by restating his motion made earlier in the day, to -wit: The motion was made by Councilman McAlister, seconded by Councilman Aderton to name Canyon Lake No. 6 from East 19th to Dam No. 6 as Martin Luther King Lake and asked the Parks and Recreation Board to provide recommendations to the City Council as to types of identification to be used. Mayor Pro Tem Henry responded that he planned to vote for the motion, but believed the Council should reserve the right to alter this request if subsequent information from the neighborhood indicates there might be better ways to honor Dr. King. Mr. Henry felt somewhat uncomfortable at this time without any expression from the community that this is the best way. At thief time, as we do not have any better suggestions, he would vote for the motion) I 1 tQ� Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. City Attorney John Ross commented that the motion will stay in effect until superceded by a subsequent motion. 79-38A762-1302 Ordinance No. 7969 (53) Amending Ordinance No. 924 which relates to the method of naming streets. 4 LGB:bs ORDINANCE NO. 7969 AN ORDINANCE AMENDING ORDINANCE NO. 924 OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 9(b) THEREOF TO PROVIDE FOR THE NAMING OF CERTAIN STREET NAMES BEGINNING WITH THE LETTER "Q" AND BY ADDING A SECTION 9(d) THERETO PROVIDING THAT CITY STREETS SHALL NOT BE NAMED FOR INDIVIDUALS AND PROVIDING FOR A SAVINGS CLAUSE. Councilman McAlister indicated that the east Lubbock residents had indicated the name of Quirt Avenue to have a negative connotation to their area and he would not be allergic to renaming Quirt Avenue, but not after a person. He therefore moved that they consider renaming Quirt Avenue Airport Drive. The motion was seconded by Councilwoman Jordan. City Attorney John Ross interjected his comments here to the effect that Ordinance No. 924 must first be amended i.e. removing the impediment with respect to streets beginning with the letter Q; but after the second reading the motion could then be enter- tained and considered. Therefore, Mayor West ruled that Councilman McAlister's motion was out of order. The motion was then made by Councilman McAlister, seconded by Councilwoman Jordan to amend Ordinance No. 924, Section 9-B, which states in part: "Any street that falls under the alphabetical designation for the letter 'Q' shall be named by motion of the City Council which motion shall designate the name to be given such street. ..." He further moved that an additional provision be made that no street can ever be named after a person. Mayor Pro Tem Henry queried whether or not the name of Quirt Avenue could be changed at a subsequent time, although he was not suggesting any particular name at this time; that to remove the name of Quirt and to rename a name that is not acceptable to the residents of east Lubbock/ nothing has been accomplished. Councilman Aderton commented that the Council should establish a policy of naming streets for some positive reason and not for a negative reason. Following the discussion, the balloting reflected Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. A recess was declared at 12:25 p.m. for lunch, to be reconvened at 1:30 p.m. The Council reconvened at 1:40 p.m. 79-38A762-1303 Consider generally most pressing of city needs_ requiring issuance of Cit. (47) of _Lubbock General Obligation Bonds, Series 1980, as previously authorize at election of May 211977. 79-38g762-1304 Resolution No. 356 (48) A resolution authorizing the 2rocedures to be followed in validation and issuance of City of Lubbock General Obligation Bonds Series 1980 the caption of said resolution reading as follows: "A Resolution by the City Council of the City of Lubbock Texas, relating to_procedures to be followed in the sale of $6,450,000.00 City of Lubbock Texas General Obligation Bonds Series 1980(being an installment out of bonds authorized at the election of May 21, 1977 providing the forms of procedures and in substantial form all instru- ments for said Series 1980 Bonds; stating the intent and desire of the City Council to proceed with such Series 1980 expeditiously* and as appropriate within their discretion; reserving the right to make corrections and insubstantial and immaterial changes and modifications in all such Series 1980 instruments. toreflectthe true facts, circum- stances and dates at time of ultimate _execution, resolving other matters incident and related to the purpose, including the filing of an action under the provisions of Vernon's Ann. Civ. St. art. 717m-1• and providing an effective date for this Resolution." I&D3 �! l `1 jq7� RESOLUTION A RESOLUTION by the City Council of the City of Lubbock, Texas, relati ' to procedures to be followed in the sale of $6,450,000.00 City of Lubbock, Texas, General Obligation Bonds, Series 1980 (being an installment out of bonds authorized at the election of May 21, 1977); providing the forms of procedures and in substantial form all instruments for said Series 1980 Bonds; stating the intent and desire of the City Council to proceed with such Series 1980 expediciously and as appropriate within their discretion; reserving the right to make corrections and insubstantial and immaterial changes and modifications in all such Series 1980 instruments to reflect they true facts, circumstances and dates at time of ultimate execution, resolving other matters incident and related to the purpose, including the filing of an action under the provisions of Vernon's Ann.Civ.St., art. 717m-1; and providing an effective date for this Resolution. WHEREAS, this City Council has determined and does hereby determine that: (1) It should proceed with the authorization of bonds to be known as "City of Lubbock, Texas, General Obligation Bonds, Series 1980"; and, (2) That it is necessary and expedient that the instruments and proce-. dures necessary to the accomplishment of such purpose be now defined so that same may be subjected to judicial consideration, reserving the right to make. all corrections, modifications and changes necessary so that said instruments at the time ultimately enacted, executed or delivered shall accurately reflect conditions at the time of such enactment, execution or delivery, provided such corrections, modifications and changes shall not substantially or materiall7 effect the substance of the proposed instruments; and, (3) That a clear and concise declaration of the intentions and desires as to such proposed General Obligation Bond should be of record; and, I� (4) That form of the Ordinance to be hereafter enacted setting all terms and conditions of the Series 1980 General Obligation Bonds be provided; as we11 as prescribing the form of notice to be published in accordance with Article VIII, Section 5 of the City Charter and the form of notice of sale to be distributed to proposed bidders, as well as all further instruments necessary to the sale and delivery of said Series 1980; and, (5) It should institute an action under Vernon's Ann.Civ.St., art. 717I-1, in order that all matters possible arising in connection with the issuance oil Series 1980 Bonds may be validated and confirmed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the recitals and determinations made in the preamble hereof are found to be true and are adopted as the findings of this governing body. SECTION 2. That this Council proposes to proceed as quickly as possible, subject to the Judicial procedures contemplated hereby, with the sale and delivery of $6,450,000.00 City of Lubbock, Texas, General Obligation Bonds, I Series 1980. I SECTION 3. That the City Attorney is directed to institute and file an appropriate action, under the provisions of Vernon's Ann.Civ.St., art. 717m-1, to approve and validate the bonds now sought to be issued and obtain appropriate relief against the institution of suits which would or might pre- vent the carrying out of the wishes of the electorate, all in the manner provided by said law. SECTION 4. That this Council proposes to enact at the soonest possiblel� and appropriate date, in substantially the form hereafter set forth, an Ordinanc authorizing the issuance of $6,450,000.00 City of Lubbock, Texas, General Obligation Bonds, Series 1980; said Ordinance being attached as Exhibit R-1 to this Resolution and to which attachment reference is here made for all purposes. SECTION 5. That the enactment of said aforesaid Ordinance shall be reflected upon the minutes of the City Council of the City of Lubbock, Texas, substantially in the form and manner set forth in the minutes being attached as Exhibit R-2 to this Resolution and to which attachment reference is here made for all purposes. SECTION 6. That this Council in compliance with charter requirements proposes thereafter to issue and approve a notice of sale, which except for the date and time of sale shall be in substantially the form attached as Exhibit R--3 to this Resolution and to which attachment reference is here made for all purposes. That such notice is the format of the notice which the City proposes to use in meeting the requirement of Article VIII, Section 5 of the City Charter, vi-VA 14-1 in that such notice would be published (after being completed) once each week for a period of thirty days in the Lubbock Avalanche -Journal, a newspaper of general circulation in and published in the City of Lubbock. That the date and time to be set in such notice for the receipt of bids would be not less than 30 days following the date of the first publication; that the time of day established for the sale shall be between the hours of 9 A.M. and 4 P.M.; that the City Council proposes to convene in open session, after notice thereof has been given in compliance with Article 6252-17, V.A.T.C.S. for the purpose of opening and considering bids or proposals for the purchase of such bonds. SECTION 7. That additionally this Council proposes to cause to be dis- tributed an Official Statement, Notice of Sale and bidding documents in sub- stantially the form attached as Exhibit R-4 to this Resolution and to which attachment reference is here made for all purposes. The Council reserves the right to cause such instrument to be modified and amended to reflect at time of distribution current information as to all matters included, but no changes of a substantial or material nature at law are contemplated. That said documents shall be distributed to investment bankers and others who would normally submit proposals for the purchase of bonds of the kind and character to be offered for sale and the City proposes to cause such distri- bution to be made. That prior to the distribution of said Notice of Sale and Bidding In- structions, Official Bid Form and Official Statement, all as contained in said instrument attached as Exhibit R-4, the Council will by resolution approve the form and content of the above and authorize First Southwest Company, Dallas, Texas, to distribute these said instruments to prospective bidders for and purchaser of the Series 1980 general obligation bonds which are the subject of this Resolution. The form of said Resolution shall be substantially as reflected by the instrument attached hereto as Exhibit R-5 to this Resolution and to which attachment reference is here made for all purposes. SECTION 8. That subsequent to the final enactment of the Ordinance attached to this Resolution as Exhibit R-1, the Council hereby authorizes and approves the execution by the officer indicated of a General Certificate substantially in the form attached hereto as Exhibit R-6 to this Resolution and to which attachment reference is here made for all purposes. SECTION 9. That the Council directs, authorizes and approves the execution, issuance and delivery at the appropriate time or times of a Debt Service Requirement Schedule substantially in the form attached hereto as Exhibit R-7 to this Resolution and to which attachment reference is here made for all purposes. SECTION 10. That the Council after receipt of bids, opening thereof and acceptance of the best bid received, subject to the authority of the Council to reject any or all bids, shall upon acceptance enact an ordinance substan- tially in the form reflected by Exhibit R-8 to this Resolution and to which attachment reference is here made for all purposes. It is by this instrument that the Council shall adopt and specify the interest rates the bonds are to bear (as established in the bid documents). SECTION 11. That the minutes reflecting passage upon first reading of the ordinance immediately above described shall be substantially as reflected by Exhibit R-9 to this Resolution and to which attachment reference is here made for all purposes. SECTION 12. That the minutes reflecting passage upon second and final reading of the ordinance immediately above described shall be substantially as reflected by Exhibit R-10 to this Resolution and to which attachment reference is here made for all purposes. SECTION 13. That as of the date of sale of said bonds the Council shall enact a Resolution approving the form and content of the Official Statement, which Resolution shall be substantially as reflected by instrument attached to this Resolution as Exhibit R-11 and to which attachment reference is here made for all purposes. SECTION 14. That the Council authorizes and directs that at the appro- priate time a Certificate as to Official Statement by the officer named thereon substantially in the form reflected by instrument attached to this Resolution as Exhibit R-12 and to which attachment reference is here made for all purposes. SECTION 15. That the Council further proposes, during the procedures leading to ultimate sale and delivery of the $6,450,000 City of Lubbock, Texas, General Obligation Bonds, Series 1980, to utilize the additional instru- ments in substantially the forms attached (which shall be current as of the date of execution) as follows: )(05 ,AU i �, 14 YJ I y (1) Treasurer's Receipt attached to this Resolution as Exhibit R-13 to which attachment reference is here made for all purposes• and i and (2) Signature and No -Litigation Certificate attached to this Resolution as Exhibit R-14 and to which attachment reference is here made for all purposes. 11 SECTION 16. That the language of each instrument proposed to be utilized as included in this Resolution, is in each instance adopted as part of this 11 Resolution and as the findings and determinations hereof. The Council reserves the right to make appropriate corrections and insubstantial and immaterial changes and modifications in all such instruments so that each will reflect the true facts, circumstances and dates at the time of ultimate execution. SECTION 17. The City Secretary -Treasurer of the City of Lubbock, Texas, is authorized and directed to prepare, execute and deliver, such certificatels as to the authenticity as may be subsequently required or appropriate upon passage of this Resolution, or thereafter, of copies of this Resolution or of any instrument attached as an exhibit to this Resolution. SECTION 18. That as to all documents and instruments above proposed to be executed, submitted or delivered as set forth hereinabove, the Council here reserves the right to complete the blanks provided therein, correct clerical errors as may be discovered therein, and make such other insubstantial and immaterial changes as may be necessary to reflect changes of conditions not affecting the validity of the instruments, prior to execution, submission or delivery, respectively. Council also reserves the right to make such further and additional changes in said instruments as may be suggested or required by the Attorney General of the State of Texas, and such changes and modifications, if any, as may be required or allowed by the eventual Judgment in the art. 717m-1 proceeding authorized by this Resolution. SECTION 19. This Resolution shall be effective from and after its passage. PASSED BY THE CITY COUNCIL THIS 29TH DAY OF NOVEMBER, 1979. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. City Attorney, City of Lubbock, Texas CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS $ COUNTY OF LUBBOCK § CITY OF LUBBOCK ¢ I, the undersigned, City Secretary of the City of Lubbock, Lubbock County, Texas, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the resolution relating to procedures to be followed in the sale of $6,450,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1980," dated March 1, 1980, passed by the City Council of said City on the 29th day of November, 1979, and duly recorded in the Minutes of said City Council. I DO FURTHER CERTIFY that said resolution was passed at a meeting open to the public and notice of such meeting was given in advance thereof in suc manner as to be in compliance with the provisions of Article 6252-17, Sectio 3A, V.A.T.C.S. IN WITNESS WHEREOF, I have hereunto signed my name officially and affix the seal of said City, this the 29th day of November , 19 79 (City Seal) /s/ Evelyn Gaff City Secretary, City of Lubbock, Texas IC 0 s 19 79-30-766-1305 Ordinance No. 7970 (49) Adoption as an emergency measure of ordinance authorizing issuance of City of Lubbock, Texas, General_Obligation Bonds, Series 1980, the caption of of said ordinance reading as follows: "AN ORDINANCE bZ the City Council of the City of Lubbock Texas, authorizing the issuance of 6,450,000 "CITY OF LUBBOCK TEXAS GENERAL OBLIGATION BONDS, SERIES 1980," dated March 1 1980 for the purpose of making permanent public improvements_, to -wit: $5,082,000 for constructing improvements and extensions to the City's waterworks system; $800 000 for constructing improvements and extensions to the City_'s sanitary sewer system; and $568,000 for constructing street improvements in and for said City, including lighting and signalization; prescribing the form of the bonds and the form of the interest coupons; levying a_continuing direct annual ad_ valorem tax on all taxable „property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemption thereof and providing for the assessment and collection of such taxes;enactin rovisions incident and _relating to the subject and purpose of this ordinance; and declaring an emergency and providing an effective date." ORDINANCE NO. 7970 AN ORDINANCE by the City Council of the City of Lubbock, Texas, authorizing the issuance of $6,450,000 "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1980," dated March 1, 1980, for the purpose of making permanent public improvements, to wit: $5,082,000 for constructing improvements and exten- sions to the City's waterworks system; $800,000 for constructing improvements and extensions to the City's sanitary sewer system; and $568,000 for constructing street improvements in and for said City, including lighting and signalization; prescribing the form of the bonds and the form of the interest coupons; levying a continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemp- tion thereof and providing for the assessment and collect- ion thereof and providing for the assessment and collec- tion of such taxes; enacting provisions incident and relat- ing to the subject and purpose of this ordinance; and declaring an emergency and providing an effective date. General Obligation Bonds voted May 21, 1977 for the purpose of waterworks improvements, sanitary sewer system improvements, street improvements including lighting and signalization; this request is for consideration of the 1980 Series Bond Sale in the sum of $6,450,000. The Water Utilities Division is requesting the sale of $5,882,000 in sanitary sewer improvements; the water improvements are for a new water supply project and for the improvement of the existing water system. The Feasibility Study by Freese and Nichols reflects that the new water supply will need to be on line by the sumer of 1986. Additionally, improvements in the Water Treatment Plant should be completed by the summer of 1983 to meet the peak days for that summer. The sanitary sewer improvement funds are for the renovation and upgrading of facilities at the Southeast Water Reclamation Plant, and for extensions into the developing areas. The Southeast Water REclamation Plant is not in complaince with the state permit and the Plant will not be in compliance until such time as the two digesters are completed. The proposed street improvement funds will be for improvements to major arterials and the sum requested from the bond sale is $568,000, which will improve the traffic flow and reduce the points of traffic conflict. One major area to be considered is University Avenue from 4th Street to 19th Street. Appearances: Sam Wahl, Director of Water Utilities �� Denzel Percifull, Director of Public Services The gentlemen addressed the Council to explain the proposed improvements to be funded by the 1980 Bond Sale as follows: $5,082,000 for improvements in the Water Treatment Plant $ 100,000 for permit fees on the Post .7usticeburg Water Project $ 800,000 for sanitary sewer improvements N O V 2 9 1979 79-3A767-1306 (54) Denzel Percifull appeared before the Council to report the proposed street improvements resulting from the 1980 Series Bond Sale, the funds requested to be used for improvements to major arterials and the number one priority of improvement of University Avenue between 4th and 19th Streets. The amount involved is $568,000. Joe Smith, Bond counselor, appeared and read into the record verbatim Resolution No. 356 relating to the proceedures to be followed for the 1980 Series, Genergal Obligation Bond Sale. I' i. Upon completion of his recitation, the motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass Resolution No. 356. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. I With respect to Ordinance No. 7970 (emergency measure), the motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to hear the reading of this ordinance on an emergency measure. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Mr. Smith then proceeded to read into the record the Ordinance No. 7970 verbatim authorizing the issuance of $6,450,000 of Series 1980 General Obligation Bond Sale. Upon the completion of his recitation, the motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on emergency measure. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. With respect to Agenda Item No. 50, Mr. Smith indicated this matter had been DELETED from the Agenda and would be considered at a subsequent time the Notice of Sale is in effect. Resolution No. 357 A resolution authorizing the Ma or to execute a Nonfinancial Agreement with South Plains Association of Governments for Public Service Employment. DGV:bs RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and 11 directed to execute for and on behalf of the City of Lubbock a Nonfinancial Agreement between South Plains Association of Governments and the City of Lubbock, Texas, for Public Service Employment, a copy of which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 29th day of November ,1979 ATTEST: /s/ Evelyn Gaffla Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Witt Tom Witt, Director of Personnel APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney /s/ Dirk West DIRK WEST, MAYOR WOT/�-q SOUTH PLAINS ASSOCIATION OF GOVERNMENTS NONFINANCIAL AGREEMENT PUBLIC SERVICE EMPLOYMENT STATE OF TEXAS X COUNTY OF LUBBOCK Section 1. Parties to the Nonfinancial Agreement. THIS NONFINANCIAL AGREEMENT, made and entered into by and between the South Plains Association of Governments, hereinafter referred to as SPAG, and the City of Lubbock, Texas, hereinafter referred to as Employing Agency. NOW, THEREFORE, IT IS AGREED, by and between the parties as follows: Section 2. Services to be provided by the Employing Agency. 1. That the Employing Agency will abide by all terms and any and/or all Department of Labor regulations which are imposed upon SPAG. The Employing Agency will abide by all subsequent revisions and modifications set forth in administrative and statutory changes imposed on or by the Department of Labor. 2. The Employing Agency, commencing on the effective date, will perform the functions set forth in this Nonfinancial Agreement, and subsequent revisions and modifications of it as negotiated with SPAG and completing said performance no later than September 30, 1980. 3. The Employing Agency will have proper facilities for the participants to work in and all equipment, supplies, and materials will be furnished by the Employing Agency. The Employing Agency shall comply with applicable federal labor standards pertaining to the worksite or training facility. The Employing Agency shall not require or permit any participant to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety. 4. The Employing Agency will be responsible for time and attendance records and will be responsible for completion of all timesheets on participants. 5. The Employing Agency shall set wage rates, not to exceed $4.80 per hour. 6. Participants in public service employment shall abide by the personnel policies of the Employing Agency. In this aspect, the Employing Agency shall have control over the working hours of the participant. 7. The Employing Agency is responsible for the supervision and control of the participant. Section 3. Legal Authority. The Employing Agency assures and guarantees that it possesses the legal authority, pursuant to proper, appropriate and official motion, resolution or action passed or taken giving the Employing Agency legal authority, to enter into this Nonfinancial Agreement, receive the funds authorized by this Nonfinancial Agreement and to perform the services the Employing Agency has obligated itself to perform under this Nonfinancial Agreement. Section 4. SPAG's Obligations and Liabilities. 1. SPAG, through an Intake Process and the Texas Employment Commission will certify all participants as eligible to participate in public service employment. 2. SPAG will assure the following services will be delivered: a. Outreach. b. Intake Procedure. c. Orientation. d. Counseling. e. Job Development/Job Placement. f. Supportive Services. g. Payroll Services. 3. It is understood that the counseling and training activities will be at the convenience of and with the full cooperation of the Employing Agency. 4. It is expressly understood and agreed by the parties hereto that SPAG's obligations hereunder are contingent upon actual receipt of adequate funds from the United States Department of Labor to make payments to the participants under this Nonfinancial Agreement. Under these aforementioned circumstances, SPAG will not be legally liable for SPAG's failure to make payments under this Nonfinancial Agreement. The Employing Agency fully understands and agrees to this provision. s NOV � 9 1979 5. SPAG shall not be liable to the Employing Agency for costs incurred or performances rendered except as are strictly in accordance with the terms of this Nonfinancial Agreement. Section 5. Changes and Amendments. 1. Any alterations, additions, or deletions to the terms of this Nonfinancial Agreement which are required by changes in federal laws or federal regulations promulgated pursuant thereto are automatically incorporated into this Nonfinancial Agreement without written amendment hereto and shall go into effect on the II date designated by the law or regulation. 2. If the Employing Agency cannot conform to the changes required by fl federal laws or federal regulations promulgated pursuant thereto, then the Employing Agency shall notify SPAG in writing no later than the effective date of such law or regulation that it cannot so conform. SPAG shall notify the Employing Agency of any proposed federal laws or federal regulations promulgated pursuant t which may affect this Nonfinancial Agreement immediately upon learning of such proposed law or regulation. The best interests of the participant shall be the primary consideration in establishing the standards for termination of this �I Nonfinancial Agreement. 3. Any alterations, additions, and deletions to the terms of this Nonfinancial Agreement shall be by amendment hereto in writing and executed by both parties hereto except as may be expressly provided in some other manner by the terms of thin Nonfinancial Agreement. Section 6. Termination. 1. Either of the parties hereto shall have the right, in such party's sole discretion and at such party's sole option, to terminate and bring to an endlall performances to be rendered under the terms hereof by notifying the other party in writing of such termination at least 30 days prior to the effective date of termination. 2. Upon termination of this Nonfinancial Agreement for any reason, the Employing Agency shall return to SPAG within 30 days after receipt of written request for return, all records pertaining to this Nonfinancial Agreement and its programs. The Employing Agency shall return the records in the manner prescribed by SPAG. Between the date of termination of the Nonfinancial Agreement and the date of return of the records, the Employing Agency shall protect such records from damage, loss or destruction. 3. Upon termination or receipt of notice to terminate, whichever occurs first, the Employing Agency shall cancel, withdraw, or otherwise terminate any outstanding orders which relate to the performance of this Nonfinancial Agreement, and shall otherwise cease to incur costs hereunder. In no event shall SPAG be liable to the Employing Agency for expenses incurred after the termination date. Section 7. Termination of Participants. The Employing Agency shall terminate a participant's enrollment in its agency in compliance with its own written personnel procedures. A participant's termination by the Employing Agency does not constitute termination from the program itself, and such participant shall be referred back to the SPAG offices for counseling and placement elsewhere. Section 8. Nonfinancial Agreement Period. This Nonfinancial Agreement will commence October 1, 1979, and shall be terminated September 30, 1980. Section 9. Maintenance of Effort. The Employing Agency shall not place a participant in its agency in such a manner that it would result in total or partial displacement of employed workers by participants employed under the Act, or would result in an impairment of existing nonfinancial agreements for services. Section 10. Fringe Benefits. Each participant in a public service employment shall be assured of health insurance, unemployment insurance, and other benefits at the same levels and to the same extent as other temporary employees of the Employing Agency, and to working conditions and promotional opportunities neither more nor less favorable than such other employees similarly employed. Section 11. Unemployment Insurance. The costs of unemployment insurance as required by Section 10 above, including any of the costs of any claims filed against the a w IN #0V M 1979 Employing Agency after a participant has been terminated from the program, shall be borne by SPAG. Section 12. Promotional Opportunities. Promotion of participants shall be the prerogative of SPAG upon recommendation by the Employing Agency. Section 13. Worker's Compensation. 1. SPAG shall provide worker's compensation protection to participants for injury or disease resulting from their participation in any program activity funded under this Nonfinancial Agreement. 2. Such worker's compensation protection shall be at the same level and to the same extent as other employees of the Employing Agency who are covered by a State or industry worker's compensation statute. Section 14. Administration of Fringe Benefit Programs. The administration of all fringe benefit programs for participants, whether or not described herein in detail, shall be by SPAG. Section 15. Bonding Requirement. The employing agency assures that each supervisor who distributes or handles checks shall be covered by a bond in an amount of at least $25,000. Section ]6. Signatures. The Employing Agency also certifies that the information in this Nonfinancial Agreement is correct to the best of its knowledge and belief and the execution of this Nonfinancial Agreement has been duly authorized. Witness our hands this 29th day of November , 1979. SPAG: /s/ Jerry D. Casstevens Jerry D. Casstevens Executive Director ATTEST: Secretary CITY OF LUBBOCK: /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evel Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Witt Tom Witt, Director of Personnel APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Asst. City Attorney The South Plains Association of Governments has been designated to administer the CETA Program. The proposed Nonfinancial Agreement allows the City as the employer to continue using CETA workers for various City operations. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution authorizing the Nonfinancial Agreement with SPAG. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-38A-770-1307 Consider Claims against the City. Claim No. 79-C-343 SHARP, Louis Gene Property Damage --unstated Claim No. 79-C-330 BELANGER, Stephen B. Personal Injury--$50,344.34 The motion was made by Councilman Aderton, seconded by Councilman McAlister to DENY the above referenced claims. Motion carried: Mayor West, Mayor 100V�q 1575 - Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 79-3&'1771-1308 Bid #5567 for water items (warehouse stock). (56) - - Item No. 1, 2, 3, 6, 8 C & C Municipal Supply Item No. 4, 5, 7 Trans -Tex Supply Company I Odessa, Texas 79-AL771-1309 Bid #5568 for electric items (warehouse stock). (57) Item No. 9, 11 Westinghouse Electric Supply Co Item No. 10 Nelson Electric Supply Co. 79-38CL771-1310 Bid #5572 for street lighting material (warehouse stock). (58) Item No. 2, 7 General Electric Supply Co. Item No. 6 Temple, Inc. Item No. 1 Southwestern Electric Supply Co. Item No. 4, 5 Nelson Electric Supply Co. 79-381771-1311 Bid #5542 for magnetic tape unit (Data Processing). (Revenue Sharing Funds) (59) Item No. 1 Honeywell Information Systems Dallas, Texas 79-38OL771-1312 Bid #5565 for sanitarX sewer cleanin a ui went Street Dept.) (60) Item No. 1 Environmental Sales & Service, Inc. Hurst, Texas Item No. 2 Baker Equipment Company Edmond, Oklahoma 79-381771-1313 Bid #5578 for front end loader, 4 wheel drive. (Water Reclemation). (61) (Revenue Sharing Funds) Low Bidder Associated Supply Company 79-384-771-1314 Bid #5582 for oil storage tank (Street De t.). (62) Low Bidder Conley -Lott -Nichols Machinery Company 79-381771-1315 Bid #5584 for portable air compressor (Water Dept.). Low Bidder Odessa Welding Supply Co. 79-381771-1316 Bid #5585 for antenna systems (Fire and Police Depts.). (Revenue Sharing (64) Funds) Low Bidder Phelps Dodge Communications Co. 79-384771-1317 Bid #5589 for communications buildings,_and authorize same (Radio Shop). (65) Revenue Sharing Funds). Low Bidder Lubbock Development Company 79-38'1771-1318 Bid #5591 for envelopes (LP&L Collections). (66) Item No. 2 Graham Paper Company 79-384-771-1319 Bid #5566 for steel pole .structures, and authorize same (LP&L Distribution (67) Low Bidder Myers Industries C/O McKinley Sales Amarillo, Texas The motion was made by Councilman McAlister, seconded by Counciman Aderton to approve the above referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The Council recessed at approximately 3:15 p.m. for the purpose of holding an Executive Session and complete discussion of the Work Session agenda items. Upon reconvening in the Council Chambers at 5:25 p.m., the following items were DELETED: 79-384772-1320 (68) 79-38A772-1321 (69) 79-38g772-1322 (70) } w Consider three Appointment to the HOUSING STANDARDS COMMISSION. The terms of _Joe D._McKay, Ed Napier and John L. Miller expire December 19, 1979. Consider two appointments to the LUBBOCK CITY -COUNTY LIBRARY BOARD. The terms of Mrs. Lou Diekemper and Tom Johnson expire 12/31/79. Consider one appointment to SOUTHEAST LUBBOCK DEVELOPMENT CORPORATION. The Term of N. P. Holmes expires December 11, 1979. By Consensus the Council agreed to consider these matters at the December 12, 1979 Regular City Council Meeting. g0l �.q 1979 (See agenda item no. 52 above with respect to the motion clarifying that item.) The motion was made at 5:32 p.m. by Councilwoman Jordan, seconded by Councilman McAlister to adjourn, there being no further business. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. ATTEST: CITY SECRE ARY-TREAS READ AND APPROVED THIS THE 12TH DAY OF December 1979. ATTEST: CITY SEC TARY--TREAS11M--r r i