HomeMy WebLinkAboutMinutes - City Council - Regular - 9/26/1935REGULAR MCETING.
Lubbock, Texas, Sept. 26, 1935.
The City Commission of the City of Lubbock, Texas, met
at 1:30 P.M. in Regular Session at the Regular Meeting
Place in the City Hall, the following members thereof
being present, to -wit:
Mayor Ross Td,,vards,C ommissioners Geo.E.Benson,
'.B. Price, J.C. Royalty, A.J. Richardson$ 0ity Attorney
E' L. Klett, Cityhb. nager W.H. -Rodgers, and City -Secretary
'}l.O. Stevesn.
Absent: City Secretary -.0. Stevens and Commissioner
J.C. Royalty.
The Minutes of Regular Meeting of Sept. 12th and Recessed
Regular Meetings of Sept. 21st and September 24th, 19359
were read and upon motion by Commissioner Price, seconded
by Commissio.r:er Benson, they T7ere unanimously approved.
Upon motion by Commissioner Benson, seconded by Commission-
er Price, the follocring Resolution carried unanimously.
RESOLUTION AUTHORIZING THE DIAYOR
TO SUBORDINATE Z.L. VrRIGHT ET AL
PAVING LIEN
Upon motion by Commissioner Geo. E. Benson,
seconded by Commissioner !AI.B. Price, unanimously carried,
the hlayor of the City of Lubbock is hereby authorized
and directed to execute for and on behalf of the City
of Lubbock an instrument in writing duly acknowledged
subordinating paving ]Lien created by Alice '+'right and
husband Z.L. 'Wright in favor of the City of Lubbock
upon Lot Eight (8) and the '``est thirty (W 30) feet of
Lot Seven (7)9 in -Block Forty-seven (47) of the Overton
Addition to the town of Lubbock in Lubbock County, Texas.
Said subordination to make the City's aforesaid paving
lien second and inferior to any Home Owners Loan
Corporation Loan made or to be made upon said property.
The "Second Lien Holder's Agreement" executed by the
Mayor of the City of Lubbock for such purpose is
149
hereby ratified and confirmed.
Passed and adopted this the 26th day of September, 1935.
Ross Edwards
-- Mayor
ATTTST:
1.H. Rodgers _
Act. City Secretary.
SECO17D LIEN HOLDERS' AGREEMENT
HESTATE OF TEXAS
KN0'W ALL hF_EN BY THESE PRESENTS:
COUNTY OF LUBBOCK
77HEREAS, the undersigned (whether one or more) is the oirrner
and holder of four Paving Certificates described in a IyIechanic's
Lien executed by Alice Wright and husband, Z.L. Wright to
71ty of Lubbock, Texas, dated Jan. 4, 1935, and recorded in Vol.
, page of the Mechanic's Lien ^Records of _Lubbock
County, Texas; said Pavin�erttificates being secured by a lien
upon the land described in said Mechanic's Lien, and
' HE'REAS, Home Owners' Loan Corporation is the holder of a
note secured by a first lien upon the above mentioned lands as
provided for under the terms of a deed of trust executed by Alice
"-right and Z.L. Wright (hereinafter referred to as mortgagorT-
to Jaynes Shag, Trustee for ti+,,me O,rrners t Loan Corporation, dated
--_, and duly filed for record in Lubbock County, Texas.
T._O79 THEREFORE, YNO"' ALL TJIEN BY `i'HES PRESENTS, that the
undersigned, for and in considers ion of the benefits accruing to
him by virtue of the extension of the first lien indebtedness under
the above mentioned deed of trust, executed by mortgagor to James
Shaw, Trustee, and in consideration of ?10.00 to hire in hand paid,
receipt of which is hereby acknowledged and confessed, has and by
these presents does covenant and agree 7ith the Home Owners' Loan
Corporation, for the joint and several benefit of the Home Olxners'
Loan Corporation and mortgagor, as follows:
1. That the lien securing the indebtedness due and undersigned
has been and by these presents is made infdrior to the lien securing
the above mentioned indebtedness due Home Owners' Loan Corporation,
and the undersigned expressly agrees to and ratifies all the
provisions of the above mentioned deed of trust executed by
mortgagor to James Shaw, Trustee for Home Owners' Loan Corporation,
and agrees that the lien provided for in such deed of trust shall be
and is hereby made superior to any and all liens securing indebted-
ness due the undersigned.
2. That the unpaid balance of the indebtedness due the under-
signed, including all principal and accrued interest, is 3100.00
only, and that all indebtedness due the undersigned over and above
such amount has been and by these presents is released, discharged
and declared paid.
3. That the undersigned shall not reouire the mortgagor to pay
more than 15% of the amount of indebtedness due undersigned as above
set out during any one year, such 1510 to include all payments
or principal and interest; provided that the undersigned may, at his
election, rea_uire pay»tents upon indebtedness due him in an amount
equal to 20% of the payments to be made by mortgagor upon his indebt-
edness to the Home Owners' Loan Uorporation provided "or in the
above mentioned Deed of Trust.
4. That the undersigned will not take or secure any lien of
any nature -•rhatsoever upon any property belonging to the rortgagor,
real, personal or mixed, to secure the payment of the indebtedness
due the undersigned other than the lien herein mentioned upon the
land described in the deed of trust executed by mortgagor to James
Sha-9 Trustee, as above ref-rred to.
5. That from and after this date the balance indebtedness due
and held by the undersigned from the mortgagor shall bear interest
at a rate not exceeding 6% per annum or the rate of interest which
said indebtedness now bears, whichever is the smaller.
15-V
"'itness its hand this the 26th day of 6eptember, A.D. 1935.
ATTESTED BY: CITY OF LUBBOCK
"' H Road ers By Ross Edwards
Actin,,g City Secretary Mayor
Motion by Commissioner. Benson, seconded by Commissioner Price, it was
ordered to a-npropriate '11,000.00 to the County -City Welfare Assn.
Motion by Commissioner Price, seconded by Commissioner Benson, carried
unanimously, it was ordered to permit the Goodyear :service station,
at Texas Avenue q,nd 13th atreet, to extend driveway, provided that they
pay for same, and the City Engineer to work out the best way to do
this work.
No further business coming up for consideration, the --City Commission
Recessed to meet Oct. 7, 197)5, at 10 A.M.
Read and approved, this of
ATT +IST:
oo
�ity cret;any.
1935.
Mayor