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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/5/1943R17rFr137D-70.TTI ,R r477TTT\Trr Lubbock , 'texas November 5, 1943. The I-'ity Iaommissi on of the "itv w Lubbock, Texas, met at 5 1.11. in Recessed Re-ular Session, Recessed fro- RA filar --eeting of Oct. 28, 1943, in th.e reru lar meet ; na place in the '-'ity Nall, the followi.na members the-eof being -resent, to -wit: Mayor C.E. Slaton, Commissioners J.O. Jones, W.B. price, Hut Jones, Garland Nevsor,, �itv Attorney Durwood H. Bradley, City 14-9naaer T:+T.R. Smith, Jr., City Secretary Lavenia Williams. Absent: Commissioner Hiib Jones, Commissioner Garland Newsom, and City �7ecret.ary Lavenia Williams. The meeting was called for the rurrose of discussing and considering various options for lands necessary to widen :'._enue :) rirht-of-way, j'he options being on lands in what is known as the Edwards tract, which is on the east side of .ive. """ between 28th. Street and the allev between 29th Street and 30th Street. After discussion of the vnriovs rro-ositions and due consideration of the various factors enterinq into the transactins, the following action was taken: Motion by Commissioner W.B. Price, seconded by Commissioner J.O. Jones, carried unanimously, that the �itv accent the ortion of Ross Edwards, as written below, accent ortion of Travis L. Hamblett as written below, and that the Mapr be authorized to sign `be Hamblett option; and that 8100.00 additional be raid to J.H. Eubank for his option which was approved by the Git.y Corn -mission September 23, 1943, this being additional damages claimed by Mr. Eubank as damages to his --roperty due to loca,tior of John H. Green impro-cements on lot immediately east ofk'r. Eubank's property. COTTNTY OF LUBT30Cg t STATE OF TEXAS X KNOW ILL 11EnT BY TT-T-'�E PRESENTS That I. Loss Edwards, not ioined herein by my iui fe for reason that the hereafter described property is not not ha:- ever been used hs my homestead, for One Dollar (61.00) and other good and valuable considerations caused by the oreninp of '.venue rt to a width of 100 feet from 21st Street to 34 Street and the increase in value of a certain tract of land belonging to F.M. Edwards and heirs by reason of opening up said street and clearing. up this and other tracts so that 29th Street and the alley between 28th Street and 29th Street may he opened ur and so thatAhe F.T% Edwards tract may then, be subdivided into T, lonical, Trell planned and con- forming addition to the Citv of Lubbock and so thet municirrl utilities mey be brov�ht in to serve such land; ai_ve and rrant to the City of Lubbock the following ortion: That, I ivi.11 rive a warranty deed to the City of Lubbock for m'ir 123' x 1?0 f tract of lend novr l oc"ted ^nd faci r- 'Jest on AtrenriP o ^oiith of P8th Street -nd in exchange will fake fr,)m the CitTr of Lubbock a warranty deed for a tr,-ct of land 140 feet in derth being the distance from P8th Street to the alley between P8th Street and 29th Street located East of the tract noTv oTAmed by T. Teal or the tract which may be conveyed to T. Teal by reason of such street widening nroiect. The tract herein conveyed to me is to be 110 feet in width Fast and Nest. This o-ti ,-)n made this 6th. day of September, 194.�, and is good for 9 rerio of ?0 days frnrn such date, however, if accerted by the Ci t v the Cit7r may have a longer -eri od of time to secure racers and title to the land to be con- veyed to -P. (Signed) Ross Fdwards '" T ' Tv, 07 TF.'y '-' I C rTTI,7V ^7 T TTzjF3^ (7' I PpforP me, the iindPrsi aned gut- oritTT in and for s^id county and `�tnte on this dnv re7-gonszl lv arrenredd Ross Edwards known to me to he the reason TArhoQe name is suhscrihed to the forPnoinc, inztru.ment and acknowledged to me that he exec>>ted the .same for the cur-ose and consideration thFrPi.n expressed. Given under my hand and sepl of office, this 6th day of Sept., 1943. ( i rn e d) I.Y. 0 . r he e?-_..._ _______ -arNr Public, Lubbock County, Texas. COUT\TTY OF LTT?�RnCV X Y Tr+TO` T. T. "�rT lY ?'T R1'c �'�rl'^ rm"TE OF TEXAS That I, TA. Hamblett end wife, 99117 Hamblett for one dollar 01.00) and other good and valuable consideration do give end orant to the City of Lubbock a municipal corroration the following ortion rrerared in durlicate, which o-tion is made for a period of ?O days, binding ourselves and the City of Lubbock upon the Uitv's acceptance of such ortion, -nd when signed by the `°'avor nr other dele-ated authorities of the Citu of lubbock: That I will furrish a lot of my choice on existins utility lines, within one mile of my present lot. The new lot will he accessible for moving my improvements thereto. My house and narane are to be moved to the new location, Placed on proper foundation, connected for water, was, electric, and sewer utilities, level and rlant the ftont yard for crass and rrerare the house for occurancy, all of the Pbove to he done ^t the expense of the City of Lubbock. The City is to dim and finish a basement of enual size and enual interior finish to my Present basement. The City is to ray storage on my household goo& or is to store my goods at a suitable atoraae rlece furnished by the W tv, during the time the house is beinn moved. T will furnish abstr-ct, wood and clear title, and warranty deed made to the Cite of Lubbock on my 50' x 1PO' tract of land facing unrest on Venue r, between' PStb Street and Wth Street. The City of Lubbock is to deed to me Lot 11, Block one (1) of Edwards Addition and is to rev damnees to me in the amount of fifty dollars Q50 .00) for inconvenience during a Period of one month while my famil v is out of tbP rouse duri ny the ti-P the m^vine is bei nn done. It is understood and anrbed that the City of Lubbock is to rav for damenes, if any, sustained to the house or is to recondition the house for anv damanes which are clone in movinn it from rrecent location to the new locatio-. The City is to nav in addition to above forty-five dollars (145,00) for my well on the Present location. It is u-nderGood tbet this -ell is not to he rerlaced. (9iened) T'rq. 9e71v Hamblett r it S^lly Hamblett Travis L. Hamblett _ Tyr. T.I. Hamblett f The above aereement accepted by the City of Lubbock (Sinned) C E Claton Manor of Uity of -~- Lubbock Attest: Laveria Williams City Secretary. STATE 0- TFX Ac ITTRBOCT' rc`jTT\TTY Refore me, the undersigned aut"ority in and for said County and Mate, on this dpv rersonai ly armpred T.L. Hamblett snd `'ally. Fa-blett his wife, both kno-n to me to be the Persons whose name^ are subscribed to the forenoing instrument, and acknowledned to me th t they each executed the same for the rur-oses and consideration. therein exrressed, and the said Sally Hamblett wife of the said T.L. Hamblett, having been examined by me rrivily qnd arert from her husband, and hpvine the Fame fully exrlained to her, she, the said Sally Hamblett, acknowledges such instrument to be her act -nd deed., and she declared that she had willinnly sinned the same for the r rroses and consideration therein exrressed, and that she did not wish to retract it. Given under my hand and se ;1 of office this 30th dpy of October, 1943. (Pinned) "r . 0 . 9heely---- ,-- Notary ublic,Lubbock County, (Seal) Texas (".0. Sheely) That the rurroses for which said lands described above are leased bi° the �'ity of Lubbock to Dr. Tired W. Standefer, and "]. Frank Grav, is for agricultural end livestock rurnoses, only. The consideration to be raid by the leasees to lessor shall be a cash rental of : 3.00 -ner acre rer .year for all lands now in cultivatiol-) and for the rurnose of this lease it is agreed that 550 acres of the =:hove described lands are now in cultivation. It is further agreed that if the lessees decide to r>>t all o7 kart of the uncultivated land in cultivation that said lessees sh< have the right to do so and will be under no obligation to T,av to lessor rental. for the first year said uncultivated lands are nut in cultivation, and that the work necessary to he done by the lessees, which. is grubbing. clearing and plowing of said lands, shall he accepted by the lessor as full na-ment for the first ve�-;r's rental on said lands so r­t into cultivation, but apier the first crop has been grown on said uncultivated lands, that thereafter lessees agree to ray lessor a cash rental of 46.00 rer acre rer vear for alllands lessees rut in cultivation and that this shall he in addition to the •,?'3.00 rer acre rer vear for the 550 acres of 1 and now in cultivation. i-i-ll rentals shall he ravable to the "ity of Lubbock and shall be raid in enual semi-annual installments, the first installment to be due and payable January 1st, 1. 44, the second installment due July lst, 1944, and the third install- ment due January 1st, 1945, the fourth installment due Jule 1st, 19459 the fifth installment due January lst, 1946, the sixth installment dine Julv lst, 1946, the seventh installment due Januar,v lst, 1947, the eighth installment due J­,ly lst, 1.947, the ninth installment due Januarvtst, 1.948 , and the tenth and last installment due July 1st, 1948 ; it being further understood and agreed that failure to pay any installment of rental when due, the same shall bear interest from _maturity at the rate of 8% rer annum. It is understood and mutually agreed between the rarties hereto that the City of Llibbock's disposal nlant is located and situated on the above described lands and the City of Lubbock reserves the right to maintain and orelcate said disposal Plant and th«t the sewage effluent coming from said disrosal plant shall be r•mned into the two earthen storage reservoirs located on Section 1, Block B, and the Wouthwest 1/4 of Section ?, Block R, of the above described lr:nds and said lessees further agrees, bind and obligate themselves to accept the sewage effluent at the two earthet reservoirs and to rroreLl,y distribute the effluent over said lands and to handle it at all times in such a manner as not to allow any of said effluent to run into the Yellowhouse Canyon or off of said above described lands onto other lands not owned by the Citv of Lubbock, and in the event lessees should permit or suffer said sewage effluent to rein into Yellow - house Canyon or off of' the above described lands onto other lands not owned by the �'ity of Lubbock, that then an(' in that event said lessees agree, bind and obligate themselves to nay anvrnd all damages th--it may be caused or suffered by permitting said sewage effluent to run into said Yellowhouse Canyon or off of said Pbove described lands onto othe lands not owned by the �'Itv of Lubbock. The Citv of Lubbock reserves the right to build and construct on said above described. lands any additional earthen tan'r o7° tanks and any and all other kinds of facilities necessary to hendle and orerate its sewage disrosal rlant, and rr•orerly dispose of the sewage effluent from said disrosal plant. . the "itv of Lubbock retains end reserves the right during the term of this lease if it so desires, to use anv part of the uncultivated lands or pasture lands for the establishment of the "itv dump ground for dis- rosina of trash and Parbu,7e hauled from the 11ity of Lubbock,to(yeth.c:r with the necessary road or roads for ingress and egress to and fr-)m. ,aid dump ground and vjit'(i the further right to construct houses and living cuarters sufficient to accomodate the 1-ity emnloyees engaged in the maintenance and operation of said Uity dump grounds. The lessees by these rresents obligate themselves to take anod care of and cultivate said above described lands in a good and farmlike manner and not to make or suffer to be made and alteratio-s or waste that wjtid be injurious to said lands. The lessees shall not, with _,ut the written consent of the lessor, assipxi this lease or sublease anv part of the above described lands and shr)l said lessees attempt to assign this contract or sublease qnv or all of the =,hove described lands then and in th-it event this contract shall terminate as to all parties and be of no further force and effect. At the end of this lease lessees shall return the land and surrender possession thereof to the owner in as good condition as when received, ordinary wear and tear excepted. It is mutually agreed and understood that the Citv of Lubbock shall have the first lien on all crors grown on the above described lands and all machinery and tools used in making said crors located and situated on said above described lands to secure the pavment of all rents due under this contract. It is under•stnod and agreed that the lessees shall have the right upon the termination of this lease to remove from the above described lands any improvements that they may h9ve placed thereon, including, fences except, the outside boundary fences, the two fences separating the cultivated lands lld from the canvon or Pasture lands and fences around the sewerage Plant. Should the lessees during the life of this contract fail or re;'use to keep and Perform any covenants or conditions of same at the ti-e and in the mannEr stated, the ',ity shall rave the right to entFr and take Possession of said premises without notice or demand and without being gu' l tv of trespass and 1-Tithout prejudice to anv other remedv it may hove. 1t is mutually understood and arreed th•t the above described lands are owned and Possessed by the lessor for the Trim•=:ry urrose of operating the �itv sewerage disposal Plant and t'-at the leasing of such lands by t'ie Citv of Lubbock to the lessees for agricultural - urroses is merel.v incidental to the Uitv's ownership and t.l-iis lease is made cubiect to all of the rights of the City and the inhabitants of the Citv of L,ibbock which thev have in said lands. The Lessees are h.erebv given an orti on at the exriration of this lease to rene�,j the same for such Period of time and upon such terms and conditions as .may then be agreed upon by the lessor sn'. the lessees. Executed this the day of N,vember A.D. 1943 Attest: __ C i t,y� e c re t -- r v.-^------ CTTY ' U OC 6 By _ TT* y=or Lessor essees Letter was read fror E.C. Kuvkendall, representa.ti ve of F.I.V. &; D.C. Railwav COMpany, requesting thpt the following Prorertv be changed fror J Zone to L . Zone. East Half of Block 231, Original town of Lubbock, Texas East Half of Hart Addition, Lubbock, T°xas East Half of Block 43, .l, -2, 3 and 4, Merrill Addition, Lubbock, Texas. TI-is matter was referred to the Zoning commission for their recommend=jtio,-, in accordance -v,ith the terms of the Goninv Ordinance. The matter of ravrient of to --es whi-cr were assessed by the Idalou nural High ochool )istrict No. 6 against the followir lands: Survey 28, Block A, Lubbock Co., 'Texas Survey 2, Block D3, Lubbock Co., `Texas 300 Acres out of Survev 32, Block A, Lubbock Countv, 'Texas which lands are owned bl, the 'it-- of Lubbock and tort -rise the lands now leased to the Federal 1 vernment for airport P>>rooses, was discussed. This matter had been Previously submitted to the City .�+tornev for his opinion and in a letter to the "itV Manager dated `'ct. 30, 1943, the various s:ctions of the estate Constitution and A ticles o. the Revised Civil Statutes are referred to, and it was the opinion of the Citv Attorney that such lands belongin- to municipalities which were devoted exclusivel.v to the use and benefit of the Public were exempt from taxation end there- fore the taxes assessed by the Idalou mural High School District No. 6 mere I' void and uncollectahle. ,iihereupon motion was made bl?, Commissioner :-pub Jones,; sec,)nded by Commissioner Garland Newsom, c._rried unanimously, to deny ravment of the taxes assessed against this rrorerty. I' Iviotion by Commissioner Huts Jones, seconded by Commissioner Garland Nevitsom, � carried unanimously. to appoint the following men as members of the �-itv Plan Commission, in accordance with the terms of Ordinance No. 696. Dr. J.T. Krueger ?-Year term J.D. Hassell 2-Year term Chas.,i. Guy 3-Year term K.N. Clapp 3-Year term L. vfeslev. Re,-,d 4-Year term J.H. Murdough 4-Year term '.J.L. Bradshaw 4-1ear term The City i�Ian�-ger and Uity Lngirteer to 'he ex officio members of the Commissi in accordance with the terms of the ord'-nance. Motion by Commissioner. J.O. Jones, seconded ry Commissioner J.R. 'rice, carried unanimously, that the rlat of the Edwards Addition, a subdivision of a tract of land out of the S.E. 1/4 of Survev 9, Block B, Lubbock County, Texas, be end is hereby arrroved Qnd that the City as owner of cart of the lands to be subdivided into the Edwards addition loins in the dedication of said addition, and the TAaNror be authorized to sign said dedication on behalf of the �jitv of Lubbock. Dlotion by Commissioner W.B. !rice, seconded byCommissioner J.O. Jones, carried 1.I.nanirgousl17$ that the 1,it.y rurchase the following described rrorert•y at $7.50 rer front foot: Lots 8 and 9, (110.0 front feet) , the east 35 feet of Lot 1.0, the east 20 Ft. of Lot 11., all in Rlock 1 of the Edwards 1„��i11'l�ly -,nd Lot 9 (60 front feet) in Block 2, Edwards Addition; and that the 1,layor be authorized to execute deeds, convevi.ng the above described rrorerty tobether with adjacent l-nds owned by the Ci tv to T. Teal and wife, Ross Edwards, Travis L. Hamblett and wife and John R. Green and wife, all in accordance with and as set forth in the options of Teal, Edwards, Namblett and Green, as previously a --roved by the Commission on Ce-tember 23, 1943, and of this dete. Amonr, other matters comin-a to the ^ttention of the uity Commission for discussion, was the break down of the p38,250.00 grant made to the City by the TT.S . Government throurh the Feder=1_ 'Yorks Aaencv, rro iect Tex - 41-578, for the construction and remodeling of the two Soldier Recreation Centers. The break down of the estimated cort being Ps fn1 to?vs LQnd / Rent 9000.00 Con^tru.ction P0,240.00 Eauirment 8,500.00 Contenpencies 4,525.00 Lnpineering 19985.00 Total_ ` 38, 250.00 It havin-a been determined th-t the final costs of the various items will not be in accordance --rith the allotments made on the ori'inal breakdown, and that there will be an excess/in the allotment for construction and a deficiency in the allotment for equifinent; therefore, after discussion of t1-is matter, motion was made by Commiss goner '.'�%B. Trice, seconded by Commissioner J.O.Tones, carried unanimously, that the Feder8l '-Yorks AP-encv be requested to transfer $1500.00 of the allotment to contruction, to the allotment for enuirment. No further business c minim ur for cnnsiderntion, the Vitt' Commission adjourned. Read and ar-^roved this the leth day of Nov. _ • , 1943. Attest ity Secret V.