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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/23/1943REG.TLAR MEETING. Lubbock, Texas, September 23, 1943. The City Commission of the "ity of Lubbock, Texas, met at 2 P.M. in Regular Session, at the Regular Meeting Place in the Uity Hall, the following members thereof being present, to -wit: Mavor C.E. Slaton, �'ommissioners J.O. Jones, W.B. Price, Hub Jones, Garland Newsom, City -,ttorney Durwood H. Bradley, Uity Cana ger M.R. Omith, Jr., k'ity Secretary Lavenia Williams. Absent: Commissioner Hub Jones, and Uommissioner Garland Newsom. -she Minutes of Kecessed Regular 'yIeeting of September 17, 1943, were read, and upon motion by 'ommissioner W.B. !rice, seconded by Uommissioner J.O. Jones, carried unanimously, they were approved. The Minutes of Accounts allowed from Warrant No. 158-B to Warrant No. 326-B, both inclusive, were read, and upon motion by Commissioner J.U. Jones, seconded by `'ommissioner W.B. !rice, they were unanimously approved. Codsideration was given purchase of the East 1/2 of Lots 18, 19 and 20, and all of Lots 16 and 17, Block 172, Original -'own of Lubbock, Texas, this being vacant prorerty adjacent to Uity Well No. 8, and tooster Station No. 5, located on 14th ;'treet and Avenue B, and motion was made by 'ommissioner J.O. Jones, seconded by Uommissioner W.B. Price, carried unanimously, to purchase the Nast one-half of Lots 18, 19 and 20, in Block 172, Original Town of Lubbock, Texas, from Sam H. Weaver, at a price of 41500.00, and Lots 16 and 17, Block 172, Original Town of Lubbock, Texas, from Ella Lewis, at a price of 41000.00. Bids were read on purchase of 350 Feet of 12-" Fire Hose, and motion was made by Commissioner J.O. Jones, seconded by commissioner W B. trice, carried unanimously, to accept the bid of Eureka Fire hose Company of ''allas, Texas, on their two-ply multiple woven Eureka fire hose at a bid of 800 (Eighty Cents) per foot. Motion by Commissioner W.B. rriSe, seconded by Commissioner J.O. Jones, carried unanimously, Sign Doard and of J.-. Daniel was approved and ordered filed. There was discussion of dine and dance establishments being onerrted near public schools in the pity of Lubbock and the Lity Attorney was instructed to draft ordinance for consideration of the Commission -at the next Reaular ldeeting, prohibiting such establishments to be operated within a reasonable distance of the public schools. -�he request of W.W. liicheson to alter or add to residence at 2218 20th Street, this addition br alteration not being allowed under the toning Ordinance, was discussed and no action taken, as it is the opinion of the Commission that Mr. Richeson should make this request to the Adjustment .Board of the `oning Ordinance. This request having been refused by the Adjustment Board and their action upheld by the City Commission in their meeting of June 15, 1943. There was discussion of a rodent control program in the 1,ity of Lubbock, and the City Manager was instructed to get in touch with Mr. Pope of the Rodent Control 'Division of the U.S. Fish & Wildlife Service Game Management and discuss with him the possibility and necessity of a rodent control program in Lubbock, and report back to the amity C ommission. Motion by "ommissioner J.O. Jones, seconded by Commissioner W.B. trice, carried unanimously, to accept the following options to widen Avenue This in accordance with the committee's report on appraisal of this property, as shown on x1age 467-468 and Page 482-483, of Minute 'hook 6. COUNTY OF CROSBY STATE OF TEXAS. KNOW ALL MEN B4 THESE PRESENTS: '-Chat we, John R. Green and wife Kathryn Barr Green for 01.00 and other good and valuable considerations to wit: The widening of -venue Q to a street of 100 feet in width and/the transfer of our improvements to a suitable lot facing on 29th Street and located not more than one lot East of the new and future East property line of -venue Q do give and grant to the City of Lubbock the following option: That we will exchange our West front 83' x 120' tract for a suitable lot facing either North or. � outh on 29th Street and ex- tending to the proposed alley between 29th Street and 30th Street or extending to the proposed alley between 28th Street and 29th Street, said lot to be 60 feet in width. The `'it,y is to move all of our it provements to the new lot, including erection of a new and suitable concrete foundation, concrete front porch, construction of a concrete walk leading from front porch to concrete sidewalk to be constructed by the pity across the front of the said lot, construction of concrete ribbon drive from sidewalk to garage, connection of the sewer, water, lights and gas for utility service, level and plant the front yard and prepare the house for occupancy, all as part of the consideration. The title to the lots so exchanged is to be conveyed br warranty deed and abstract is to be furnished. In zonsideration for any further damage or expense that might be incurred, the `'ity is to pay us 4300.00 cash upon the completion of such transaction. If this option is accepted, a reasonable time, January 1, 19449 suggested, shall be allowed to move and complete improvements. It is understood and agreed that the foregoing statements are madd subject to the approval of the Farm and Home Savings and Loan Association of Missouri, Nevada, Missouri, which holds a lien against s,;id property. This option made this 13th day n-A i Q ^^^A -P^" o "nriod of 20 sys such option the vide and procure (-igned) (bigned) of :Dept . , 1943 , frori such date. However, necessary adlitional time title to the land to be John R. Green Kathryn Barr Green COUNTY OF LUBBOCK I STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: That we, T. Teal and wife Flossie Teal, for One Dollar ($1.00� and other good and valuable considerations caused by the opening of Avenue Q to a width of 100 feet fro-i 21st Street to 34th Street and the increase in value of a certain tract of land belonging to F.M. Edwards and heirs by reason of opening up of said Avenue q, and clearing up of this and other tracts so that 29th Street and the alley between 28th Street and 29th Street may be opened up so that the F.M. Edwards tract may then be subdivided into a logical, well planned addition to the City of Lubbock and so that municipal utilities may be brought into said lands; give and grant to the City of Lubbock the following option. That we will give a warranty deed to the amity of Lubbock for our 113' x 120' tract of land located on the corner of 28th Street and Avenue Q for and in exchange of a warranty deed given by the City of Lubbock for a tract -acing North on 28th Street and being adjacent to and immediately East of the projection of the East property line of Avenue Q as produced South from 27th Street to 28th Street, this being the future East property line of Avenue Q, said tract is to extend from 28th Street to the proposed alley between 28th Street and 29th Street a north and mouth distance of 140 feet and is to be 80 x 140 feet in width East and Jest. This option made this 6th day of oeptember, 1943, and is good for a period of 20 days from such date. it is however agreed that if the pity exercised/the right of this option they may have a longer period of time to secure papers and title to the land to be conveyed to (''igned) T. Teal (,Digned) Mrs. Flossie Teal COUNTY OF LUBBOCK STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: us . That, we, J.H. Lubank and wife Wanda Eubank for $1.00 and other good and valuable consideration caused by the opening of Avenue Q to a width of 100 feet from 21st Street to 34th Street and the increase in value of a certain tract of land belonging to F.M. Edwards and heirs by reason of opening up of said Avenue Q and clearing up this and other tracts so that 29th Street and the alley North of 29th Stree and the alley bouth of 29th Street may be opened up and so that the F.M. Edwards tract may be sub- divided into a logical, well planned addition to the ity of Lubbock and so that utilities may be brought into said lands; give and grant to the City of Lubbock, a municipal corporation the following option: that, we will give to the "ity of Lubbock a warranty deed for the West 75 feet of our 1201 x 143' tract of land which is located on the East side of Avenue Q between 29th Street and 30th 'treet for $900.00. We will furnish an up to date abstract to our tract for examination by the �Jit.y but such abstract is to be returned to us. The warranty deed which we give to the vity is to have the following clause added thereon "this land is to be used for street purposes only." Payment is to be made in cash by the lity upon acceptance of our abstract of Title and the warranty deed for said 75 feet of land. This option made this 10 day of September 1943 and is good for a period of 20 days fro: � such date. (Signed) J.H. Eubank (Signed) Wanda Lubank -n Mr. D.O. Gentry appeared before the Commission requesting that Miles Neal+ colored, be allowed to move a building known as the nark Hotel, from Seagraves, Texas, to Lot 6, Block 20, vvheelock 2nd Addition, Lubbock, Texas. It being stated that the building would be made to conform in every respect to the Lubbock Building 'ode, except the Electric Wiring, which materials at this time are not available. After discussion of this matter, motion was made by Uommissioner W.B. Price, seconded by Commissioner J.U. Jones, carried unanimously, that the `'ity of Lubbock allow this building to be moved into Lubbock, and Mayor C.E. Slaton was authorized to enter into the following agreement in this connection. THE STATE OF TEXAS Z COUNTY OF LUBBOCK X KNOW ALL MEN BY THESE PRESENTS: THAT the following contract and agreement, made and entered into this the 24th day of September, A.D. 19439 by and between the "ity of Lubbock, Texas, acting by and through its duly authorized agent, Mayor C.E. Slaton, and hereinafter called Party of the First kart, and Miles Neal of Lubbock County, Texas, hereinafter called Party o" the Second Party; WITNESSETH: That whereas, the said Miles Neal has made application to Party of the rirst Part for a permit to move from the Tr)wn of Seagraves, Gaines Uounty, Texas, a one story frame and stucco building about 24 feet in width and approximately 100 feet in length to the Gity of Lubbock, and to locate the same on Lot 6 in Block 20 of the Wheelock Second Addition to the "ity of Lubbock, Lubbock County, `texas; and, WHEREAS, said building has not been wired at its present location in 0Pagraves so as to meet the requirements and specifications of the electric ordinance of the pity of Lubbock; and, WHEREAS, it is doubtful and uncertain as to whether or not Party of the aecond Part can purchase at this time the necessary copper wire and other electrical materials and equipment so as to re -wire said building and make it comply with all the terms, conditions and require- ments of the Lity's electrical code. Therefore it is mutually agreed between the parties hereto as follows_: The 8ity of Lubbock by these presents agrees to issue to Second Party a permit to remove the building first above mentioned, which permit will entitle the Party of the,Second kart to move said building onto the lot and block in the "heelock Second "ddition in the corporate limits of the "ity of Lubbock, upon the following conditions, to -wit: The said Warty of the second Part agrees, binds and obligates him- self that he will as soon as materials are available, purchase the same and to re -wire said building so as to make the s9me comply with all requirements of the electrical code of the "ity of Lubbock, and to insure and guarantee to the City of Lubbock th,.t said building when moved into the City of Lubbock will be re -wired and in all respects made to comply with the terms and conditions and requirements of the electrical ordinance of the said pity of Lubbock. Said Second Party has t',is day deposited with the City of Lubbock the sum of 4250.00 in cash, which sum of money shall be hdd by the City of Lubbock until said building has been re -wired and said wiring duly ppassed u on by the city electrical inspector and upon such approval by said ity electrical inspector the sum of money herein deposited with the �'ity of Lubbock shall be by the said City returned to Party of the Second -art. It is further mutually understood and agreed by and between the parties hereto that should Second karty fail and refuse when said materials are available to purchase said materials and to proceed at once to re -wire said building and to make the same comply in all respects with said electrical ordinance that then and in that event the "ity of Lubbock is hereby authorized to proceed to purchase such materials as are necessary to wire said building so as to make it comply with said electrical ordin- ance and that the said sum of 0250.00 deposited by Second Party with First Party shall be used by the City of Lubbock in purchasing such materials to re -wire said building and paying for the labor used therefor. and in the event said sum of 4250.00 is not sufficient to purchase materials and pay for the labor necessary to make said wiring comply with the electrical code that then and in that event Party of the Ifecond kart by these presents agrees, binds and obligates himself to pay/to the City of Lubbock all moneys necessarily spent by the Gity of Lubbock to wire said building so as to make it comply with the electrical ordinance. It is mutually understood and agreed by and between the parties hereto that if Party of the Second Fart should fail or refuse to wire said building as hereinabove provided and that the City of Lubbock wires said building the Gity of Lubbock agrees to pay to Party of the Second Fart any sum of money, if any, remaining of the 0250.00 deposited by Warty of the Second Party after said work is completed. It is mutually understood and agreed by and between the parties hereto that this contract shall never be considered or interpreted by any court as a waiver of any other requirements of the building code, plumbing ordinance, ordinances pertaining to gas, sanitary ordinances, etc., and that Party of the Second Part agrees,,binds and obligates himself hereby to comply with all ordinances of the �'itv of Lubbock and their requirements and that said permit to remove said building from Seagraves, Texas, and locate it in Lubbock, Texas, is and shall be issued subject to all the terms and conditions herein set forth. THIS CONTRACT executed in duplicate this the day and year first above written. CITY OF LUBBOCK (0igned) By C.z. Slaton, Mayor First Party (0igned) Miles Neal Second Party Motion by Commissioner J.O. Jones, seconded by Commissioner 4i.B. Price, carried unanimously, to authorize Mayor C.L. Slaton to execute the following release. THE STATE OF TEXAS COUNTY AND CITY OF LUBBOCK WHEREAS, J.A. Seward was an employee of the City of Lubbock, on or about the 18th day of July, A.D. 1942, when he was injured by being struck by a truck owned by A.L. Julian, at 26th and Jefferson Street, in the 'Jit y of Lubbock, such injury taking place while in the course of his employment with the City; and WHEREAS, during a portion of the time the said X.A. Seward was disabled by reason of such accident the �'ity paid his salary as an employee; and WHEREAS, J.A. Seward now desires to settle his claim for damages Against A.L. Julian and those in privity with him arising out of said acdient: THEREFORE, we, the "it,y of Lubbock, acting by and through its duly authorized officers, release the said J.A. Seward and A.L. Julian, and all parties in privity with either of them, from any claims for subrogation on the part of the City that might arise by reason of the relationship of the pity and such employee at the time of said accident, and we hereby agree that whatever amount is paid to J.x. Seward by A.L. Julian in settlement of all claims arising out of said accident may be paid to the said J.x. Seward and the City of Lubbock releases all rights of subrogation in and to said claims. This order passed this the 23rd day of September, A.D. 1943. The L� i ty of Lubbock (0igned) By C.E. Slaton Mayor of the pity of Lubbock Attest: Lavenia Williams acre ary of the y of Lubbock Such order approved by the City Commission of the City of Lubbock by unanimous vote in session. Attest: Lavenia Williams Secretary of the City of Lubbock, Lubbock county, Texas. Mr. Haney, Manager of "Drive -in -Cleaners" tailor shor, located at Avenue ",," and Main Street, requested permission to build addition to building at this location in order to do cleaning in connection with the pressing business. Cleaning not being allowed at this location as it is in Fire Zone Number 2. There was discussion, and the request disallowed. Motion by �;ommissioner W.B. Price, seconded by k'ommissioner J.O. Jones, carried unanimously, that the `'itv of Lubbock accept the bid of Geo. Gray I.+mber 'ompany, Lubbock, Texas, in the amount of 9729.80, for necessary materials for rebuilding the Spray Iond at the I'ity Light Plant. No further business coming up for consideration, the pity U ommission recessed to meet wept. 27, 1943, at 1:30 P.M. Read and approved this the 14th day of __Uctober _, 1943. /,I, & L' May At t t City Sec etary. i I i