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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/25/1954RECESSED REGULAR MEETING Lubbock, Texas September 25, 1954 The City Commission of the City of Lubbock, Texas met at 11:00 o'clock A.M, in recessed regular session, recessed from regular meeting of September 23, 1954, at the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor Murrell R. Tripp, Commissioners Lennis Baker, Hurley Carpenter, and S. S, Forrest, City Manager,Steve Matthews, City Attorney, Vaughn E. Wilson and City Secretary - Treasurer, Lavenia Lowe. Absent: Commissioner Lucian Thomas. 5L-13-221 373 Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Forrest voting Yea, none voting Nay, the following resolution was passed: R E S O L U T I O N WHEREAS, the City Commission of the City of Lubbock has approved the appraisal by the Lubbock Real Estate Appraisal Committee, Robert W. Wright, Tom Sawyer, and A. T. Cocanougher, for the widening of 4th Street between the railroad and Avenue "H"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT J. A. Mullins and Kitty J. Mullins of Lubbock County, Texas, the true owners and all persons in interest in the following described property, to -wit: Part of that part or tract of land being situated in Section 1, Block 0, Lubbock County, Texas described by metes and bounds as follows. - Beginning at a point, said point being located on the South line of Section 79, Block "A", 2473.96 feet East of the Southwest corner of Section 79, Block "All, said point being the Southwest corner of a tract of land described in a deed recorded in Volume 238, Page 392, Lubbock County Deed Records; Thence East along the South line of Section 79, Block "A" and the North line of Section 1, Block 0, a distance of 26.3 feet to a point; Thence South a distance of 12.1 feet to a point; Thence West a distance of 30.2 feet to a point; Thence North a distance of 12.1 feet to a point, said point being in the South line of Section 79, Block "A"; Thence East a distance of 3.9 feet to the POINT OF BEGINNING, BE offered by a Right -of -Way Agent of the City of Lubbock, the sum of Three Hundred Sixty-five and No/100 ($365.00) Dollars for the above described property, and the sum of One Thousand One Hundred Thirty-five and No/100 ($1,135.00) Dollars for the removal of the building occupying the above described land and the reconstruction of an equal number of square feet of floor space to the North side of said building and any other miscellaneous costs which may arise from the removal and reconstruction of said building. Possession of the above property to be delivered to the City of Lubbock free and clear of any and all liens, encumbrances or claim of any nature. SECTION 2. THAT in the event J. A. Mullins and Kitty J. Millins refuse to accept the above offer for the tract of land described in Section 1 (One), then the City Attorney BE, and he is hereby authorized and directed to file condemnation proceedings against the said J. A. Mullins, Kitty J. Millins, and all other persons having an interest in said property, to acquire fee simple title, the same being required for the opening, extension and widening of 4th Street between the railroad and Avenue 11H11 in the City of Lubbock, Texas. On motion of Commis..iioner Forrest, seconded by Commissioner Carpenter, the foregoing Resolution was passed on this the 25 day of September, 1954, by the following vote. - Commissioners voting "YEA": Baker, Carpenter, Forrest and Mayor Tripp Commissioners voting "NAY": None /s/ Murrell R. Tripp MURRELL R. TRIPP, Mayor ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary Treasur,,:r No further business coming up for consideration, the City Commission recessed to meet October $, 1954, at 11:00 A.M. Read and approved, this the 14th day of October, 1954. R�,ayor . ));'eze venia Lowe City ecretary-Treasurer K RECESSED REGULAR MEETING Lubbock, Texas October 5, 1954 The City Commission of the City of Lubbock, Texas met at 11:00 o'clock A.M. in recessed regular session, recessed from regular meeting of September 23, 1954, at the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor Murrell R. Tripp, Commissioners Lennis Baker, Burley Carpenter, Lucian Thomas, City Manager Steve Matthews, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe, Absent: Commissioner S. S. Forrest 54-13-222r374 Motion by Commissioner Carpenter, seconded by Commissioner Baker, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and Thomas voting Yea, none voting Nay, to authorize acceptance of the following proposal of J. A. Mullins for right-of-way for 4th Street in the vicinity of Avenue,H., The $2,000.00 consideration as set out in the proposal from Mr. Mullins for removing building and furnishing deed is hereby authorized to be placed in escrow in the American State Bank of Lubbock, Texas, to be paid upon fulfillment of the conditions of the proposal. Bayfield, Colorado October 1, 1954 To: The Honorable Mayor and City Commission City Hall Lubbock, Texas Gentlemen; The undersigned are the owners of a building known as Slim's Auto Repair Shop, being a very old building constructed generally of wood frame, stucco and corrugated iron, with a concrete slab floor, located 150 feet west of the intersection of Avenue H and Fourth Street on the north side of Fourth Street (and being the first building west of the Ohlenbusch Oil Company Station), which extends 12.1 feet south of the north section line of Section One (1), Block 0; and, in view of the early improvement on Fourth Street abutting this north section line, we propose and hereby will remove that part of the said building extending south of the section line, to- gether with the right to enter all premises adjacent thereto and necessary in removing that part of the building extending south of the said section line, the City of Lubbock to pay the necessary cost of such removal and constructing the same number of square feet (within the walls of the building lying south of the section line) at the rear, or north side, of said building, so that that part of the building extending north will be substantially the same construction as thatpart of the building lying north of the said section line. The City of Lubbock and its authorized employees and contractors are given and granted the right, upon acceptance of this proposal, to enter the said premises. The consideration for this proposal, which shall constitute the agreement between the City and the undersigned, is that the cost to the City of removal and addition on the north end is $2,000.00. This proposal is made in full compromise and settlement pertaining to any and all damages in clearing that part of the right-of-way of the obstruction known as Slimts Auto Repair Shop. In the event that building is not cleared by us by October 11, 1954, we hereby grant the City of Lubbock the right to perform the work of clearing and such cost to be deducted from,the $2,000.00 above consideration. The consideration of $2,000.00 above stated includes the consideration for the land occupied by the building and being 12.1 feet North to South and 34.1 feet East to West and lying in Section 1. Block 0, Lubbock County, Texas. Also includes any and all damages or rents that tenant may claim in connection with removal of this building. /s/ J. A. Mullins J. A. Mullins THE STATE OF COLORADO COUNTY OF LA PLATA Before me, the undersigned, a Notary Public in and for said County, Colorado, on this day personally appeared J. A. Mullins known to me to be the person whose name subscribed to the foregoing instrument, and acknowledge to me that he executed the same for the purpose and consideration therein expressed. GIVEN UNDER N.Y HAND AND SEAL OF OFFICE, this lst day of October, A.D. 1954. /s/ Claudia Burleigh NOTARY PUBLIC, LA PLATA, COLORADO My Commission Expires December 2, 1956 THE STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 0 THAT (I), (WE), tenants in posses -ion of premises located as hereinafter designated or described, for and in consideration of the sum of $1.00 in hand paid by the City of Lubbock, the receipt of which is hereby acknowledged and confessed and further consideration of special benefits to be derived by reason of widening of 4th Street abutting the property occupied by (me) (us), do hereby release the City of Lubbock, and its assigns from any and all damages accruing to us or resulting from the widening of 4th Street. The premises occupied by (me) (us) are described as follows: (1) We are month to month Tenants. MONTH TO MONTH (2) We have a written contract for a definite term of MONTH TO MONTH Witness our hands in Lubbock, Texas this day of , 1954. Isl H. F. England H. F. England THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, -the undersigned Notary Public in and for said County and State, on this day personally appeared H..F. England Mnown 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 5 day of October, 1954. Isl J. A. Maynard Notary Public, Lubbock County, Texas 4-13-224-3 75 The proposal of L. Wesley Read, offering to sell to the City, water rights in the vicinity of the Northeast Water Well Field in Lubbock County, was presented to the City Commission, and .after consideration by the Commission, motion was made by Commissioner Baker, seconded by Commissioner Thomas, motion carried, Mayor Tripp and Commissioners Baker, Carpenter and homas voting Yea, none voting Nay, to reject the proposal. It being the consensus�finion of the City Commission that the City of Lubbock is not in a financial position to take advantage of this offer and to make the extensions into both the Northeast Water Well Field and the West Lubbock County Water Well Field at this time. The City Commission expressed their appreciation for Mr. Reads work performed in connection with this proposal. September 18, 1954 Water Purchase Prospect North 1/2 Section 48 Block A 'his letter Mr. Steve Matthews, City Manager •eturned to City of Lubbock, ir. Holmes Lubbock, Texas. _0-8-54 Dear Sir: Some years ago, prior to the establishment of the water gathering system Northeast of the City, I made an effort to get the City to buy the above described tract of land, Subsequently, shortly prior to the time Mr. Red Oldham resigned, I was requested to undertake to obtain the land or the water rights thereunder, but the owner at that time refused to consider any negotiations. This land has changed hands again, and I am now authorized to offer to the City the water underlying this 320 acres -of land, excepting that the owner reserves one well located on the West line with the water thereunder and a surface area of 1 acre, at the price of $300.00 per acre cash. The area around the buildings with one domestic well and pressure pump is also reserved for household use. The City to have the rights to drill as many wells and in such locations as will be permitted by existing spacing rules. I am informed that your gathering system reaches to within about one mile of this tract and South of it. The owner of this property desires immediate action. I understand Mr. Holmes is out of town until about September 26th or 27th, and it will not be possible for the City to act prior to his return. It is suggested that the matter be taken up with Mr. Holmes as promptly as possible after his return. In the meantime the matter will be held open. LWR/s Yours very truly, Isl L. Wesley Read L. Wesley Read w No further business coming up for consideration, the City Commission adjourned. Read and approved, this the 14th day of October, 1954. ` a!4V'Rl. cr /! Lav nia Lowe, City Sec etary-Treasurer t