HomeMy WebLinkAboutMinutes - City Council - Regular - 8/22/1946REGULAR iE-IETIFG.
Lubbock, Texas
August 22,' 1946
The City Commission of the City of Lubbock, Texas, met at 2 P.T.I. in regular
session at the regular meeting place in the City HP11, the following members
thereof being rresent, to -wit:
J.Iayor C. A. Bestv'ick, Commissioners 111. B. Price, J. Ray DicIrey, John Spikes,
F. H. Childress, City Attorney Vaughn E. 1,11ilson, City Manager Homer. A. Hunter,
City Secretary Lavenia Williams.
Absent: Commissioner W. B. I'rice.
The Minutes of regular meeting of August 8, 1946, were read, and upon motion
by Commissioner Childress, seconded, carried, they were approved.
The Minutes of Accounts allowed from 'Varrant No. 7276-B to ':'Tarrant INTo. 7591-B,
were read, and upon motion by Commissioner Childress, seconded by Commissioner
Spil-es, carried unanimously, they viere approved.
motion by Commissioner Dickey, seconded, carried, Ordinance 'To. 786 passed
second and final reading.
ORDII`T.�LNTCE 786
AN CRDI-I'T,1 TCE ATENDING ORDI'�'_'.�TCE YO. 661 :'AID RE-DISTRICTnTG LOTS 1, 2, 3, 4, 5
AND 6, BLOCK 100, ORIGIY.LL TO'-VY; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 �UTD 10, BLOCK
84, ORIGITIAL T�I'.TT, A'ND TIE' ITEST HALF OF BLOCK'S 36, 52 AND 68, ORIGT`TAL TOTIN,
LOTS 11 2 , AND 3. BLO Ca 31 G . A. RUSK -;TJD ITIONT .
I,jotion by Con-missioner Childress, seconded, carried, to accept retition as
follows for bringing into the City Limits a portioni of E. L. Snodgrass Addition
and Tyler Square Addition.
FETITIOINT_TO__'aTT\TE_� rIDJOINI_TG TERRITORY TO CITY OF_L79"OCK
To the Uayor and City Commission of the City of Lu',bock, Texa :
Vice, the undersigned persons are inhabitants of and live within the terri-
tory and tract of land herein described, are qualified to vote for members of
the Legislature of Texas and hereby vote in favor of said tract of land, whic
said tract adjoins the 1'rlits of the City of Lubbock, becoming a Fart of the
City of Lu'�bock for all purposes, said tract of land being; described by metes
and bounds as fo llolvs :
Beginning at a -point in the East line of Section 15,
2640' North of the South Line of said Section, said
point being: in the City Limits boundary line; TiMNCEJ
'Jest' 1320' ; T ONCE North 1305' ; TT.-;vr:Cy East 345' ;
TTTl NCE South 345' ; TH NrE East 625' ; TH NCE� South 320'
TT�2.CE East 350' ; TBENCE South 640' to the place of
beginnin.a.
This includes Blocks 1, 2, 3, 4, and 5 of Tyler Square
and blocks 1 and 2 of y. L. Snodgrass addition.
XQ4E CF F TITICIV71Z
Wade ',lallace
C. III. Berry
Mrs. C. Id. Berry
J. Flovd Dunn
Mrs. j,Vade Wallace
Mr. & Mrs. Joe ',I.Christian
lT,rs. Mary S. Lovell
H. T . Wilkins, Jr.
R. ii. Burford
R. - . Elkin
J. Floyd Dunn
STATE CF =,W
CO= OF LUBBO CT,
ROUSE NC . STREET
Corner of No Name No Name
3402 25th
3403 24th
1510
18th
1905
13th
1625
16th
3020
22nd -
2515
26th
3403
24th
BEFORE ME, Richard E. .ping, a Notary lublic in and f 5r the County of
Lubbock, State of Texas, on this day -personally appeared C. M. Berry,
J. Floyd Dunn and ',lade Wallace, each 1.=wn to me to be the persons i:,hose
signatures appear below and ]•_novin to me to be credible Fersons and each of
them being by me duly sworn, upon �)ath did deFose and say:
That they and each of them si.g_ned the attached ;,etition addressed to the
Mayor and City Commission of the Cite of Lubbock, Texas, and that they and
each of them are inhabitants of the territory and tract of land described in
said petition and that the signers of said petition are and constitute a
majority of the inhabitants of said territory, being then and there ,ualifie(
to vote for members of the Legislature of Texas, and that a majority of the
inhabitants of such territory have by said petition voted in. favor of said
territory becoming a Dart of the City of Lubbocl<:, and that this affidavit•is
made by the three undersigned inhabitants consistent z ith the la*•:s of the
State of Texas for the jurpose of ca�zsing sa d territory to be made a part
of the City of Lubbock.
This 21st day of August, 1246.
C. T.Z. Berry
J___Floyd Dunn_�___�_
Wade VIallace
GI'TEN UT,pJ ;R 1,2f THUdTD UT-) E_�L OF CFFIC', this 21st day of August, 1946.
Richard E . King� _
Notary i ubli c, Lubbock County, Texa
The foregoing letition and affidavit having been filed vrith me, it is
hereby certified to the City Commission of the City of Lubbock for disposi-
tion.
Tdayor of the City of Lubbock, Texas
To the City Commission of the City of Lubbock:
We, the undersigned hereby re resent to the City Commission that we,
either jointly or severally own substantiall�T all of the uninhabited or un-
occupied land within the area described on t'Ze first gage of the attached
petition, and we do hereby join with such -petitioners anq/6reby vote in favor
of such described area being brou.7ht with the limits and boundaries of the
City of Lubbock, for all purl uses .
n1Ai.fi
.r., OF HODS. , i10 .
STREET
W. P. Kelton
2418
Gordon Treadaway
3208
Roy E. V-1hee ter
1322
C. M. Berr,
2211
B. G. Hamilton
2223
Geo. N. Atkinson, Jr.
1514
Truman L. Redwine
2217
Robert C. HoTSTard
2313
Janes A. .Alen
2117
L. W. l::oore
C. E. Flowers
3318
J. I:I. Gunn
2409
Geo. !,7. Foster
1923
Charles Adams, Jr.
1319
Tirs. J. E. �'.ralter
2421
?'l. C. Boyd
2114
L. A. Burdine
2?01
Mrs. L. A. Duff
1608
T.Irs. R. B. Fairly
1901
Julian E. Fairly
1901
Mrs. Christine Hall
1627
Harold Medlock
2006
Roby, Texas
15th
22nd
27th
Tyler Ave.
15th
Ave. ",Mll
6th
6th
6th
22nd
29th
Broadway
15 th
27th
27th
21st
22nd
32nd
32nd
loth
30th
Motion by Commissioner Childress, seconded, carried, Ordinance ..o. 787 passed �
first re, -ding.
ORJIlv1U%ZCL 787
AiI ORDI?'T.uTCE TE T7Ii1G T CITY =11"ITS OF Tu" CITY '137 LU-30CKi
T: X�u3 30 'S T;, Ti :'__ I1n II',%'LT�DE V' Ir''ITIT: T y COFICR1iT LI:.TITS OF T-:Ull CITY OF
LUB'?OCI. T'_- ',R01-7RTY IT: I,%T_.FTL1R DE3CRIBEy BY :'_ TES .LTD '3 U'TD7 _,1?T) BT'ITTG
Iiil 'I? .�T:D CTIL.?''TISI DF;SCRI BED ..S I TCL?-T�ITrr BLOCTr�' 1, 2, 3, 4 A,7:) 5 OF TY �R
S .;,U1�L :ilTD BL:: = 1 .-i!M 2 OF _E . L. alp ODGR_,SS ADDITION.
14rotion by Conrrission-r Childress, seconded, c�.:rr`ed to rove the following
bond. j
Gas Fitter's Bond of F. H. T::yrick
Motion by Comriissi oner Childress, seconded, carried, to authorize T.Iayor
C.A. 73estwick to execute contract between. the City of Lubbock, the V'ar
Department and `Iontinental -zir -ines, providing for the air lines' us,:.,
of South i lains Army Air Field.
P,Totion by Commissioner`pikes, seconded, carried, to authorize the: Mayor
to execute contract between the `'ity of Lubbock and the Santa Fe Rail71•ay
Company, authorizing_ layment of ?1.00 license fee, -nd authorizinr, passage
of the following resolution;
RE`OLt TIC'IT
BE IT v,TO'-.'N th. t on this the 22nd day of aura ust, 1946, at a re,--1tler meeting
of th.e City �orr1i s ' on o' the "ity of Lubbock, Texas, there csrle on to be
considered the matter of the execution of a license between the .;aid CitTr
of Lubbock, Texas, and Panhandle and Santa Fe Rail?,,ray Comfany relatinn to
li"e across Railway Company's prnler.ty and over Mai; Track at Tiile
lost 1 l.lus (0-15.5 feet,%;-nd two other encroachments that vicinity, whereupon
the follm';in y roceedings �,vere had:
It was fr:.)ved, sec ;nded and unanimously voted that C..,. ,3esti'Ti ck,
Mayor, be authorized a d emp owered to execute on behalf of the City of
Lubbocv, Texa:V., such license, co-7 o,: vrhich is hereto att.-ched, and th(:
s .rne be recorded in the T:Iinutes of the "ity Commiss on at the fr.ot of
t1122-s re,olution.
1-etition dated Sept. 7, 1944 was resubmitted t-, the `'Ity Commission,
also petition signed 1-1 7 Ross Edvrard , T.A. Nod r.es and J 1=1 '3arto.r�,
Said petition requesti_n� that 14th Street be OTIen.ed between ..venue i
and laris :Lverrue. It ir,!as unanirious]_v agreed -that if these petitioners
desire to apiear before the City Commission in this regard that they he
nvited to the Cornmi..ssi_on. r°eeti ng of Sel.tember 1^, 1946.
Bids as follmrls were read for individual aeroplane
hangars to
T,lunicipal
'°iirrort:
Nu.rabe.r of
Bid
Est. Cost of
Total
Manufacturer
Han;,ars
Price
erection 8 foundation Cost
;tar Manufacturing Co.
24
,�22,122
�9, 468
1:31, 590
Luria I.lanufacturing Co.
24
�25,840
.1102500
36 340
Erwin-Ne«:!man I:rTfg. Co.
24
;?24,G00
; 6,6C0
"30,600
3ailey Dlfg. Co.
24
;�17,120
10, 50G
;�27 620
Teller Ilfg. Comtany
*Includes
28
*300542
1,G00
,
31,642
foundations and
erection.
be erected at
Cost per
Hangar_
,pAn 1,310
,514
..)1, 275
�1,151
1,130
Motion was m-:de by Commissioner Childress, seconded, carried, to ac-ceht the
rid of Ver,er rf.g. Company for lurch-qse of these hangars, one ;Tear hTaintenance
bond to be secured.
Bids as follows were read for purchase of 1,000 water TMeters:
Neptune I..otor Coml any 11. °w5 each
Fitts bur -h 12.70 each
Hersey 12.90 each
1.1otion by Comissioner Dickey, seconded, ca---ried, thr:t the low bid of T'�e,-tune
Peter Company be accepted for purchase of tnc;se luater meters.
Bids as follo-. s were receive-: for furnishing 500 Feet of 2 1/2" and 500 Feet
of 1 1/2" Fire Hose :
I.lanufa cturer
.Eureka Fire Nose Company
. roerican La France
uaker Rubber Company
j E IT
yl.32 er Ft.
1.45
1.32
900 per Ft.
llotion by COnMissioner Spikes, seconded, cattle �, to accept the bi.d of Eureka
Fire Hose Company for purchase of these hose.
Bids as folloTrs imere received for rurch^Sr of r-Isoc-11aneous connectors for
Electric Department -
l
Line
'•_'aterial Corn.�,,ny
South,,veste.rn Electric Co.
323.08
296.84
:.lotion by Commis-,ioner Childress, seconded by Co=_issioner Spi'_es, carried
unanimously, to accept the bid of Southwestern Flect.ric Comtany for purchase
of the connectors.
I.Totion by Conriissioner Childress, seconded, carriod, to :accept dedication deed
for oreninr of _'venue TT between 32nd and 34th Street, this bein,, a dedication
of the East 42.08 feet of Block 117, IlcCrummens 2nd Addition, and dedicated
I �,- ,
by :. rs . Iaary I:+lorrison and N. J. i�orrison. �_ - Y.�� I
110tion b�T Commissioner Spi) es, seconded, carried, to :accept and authorize for
paynent pro: ositions from the follo�rir_g property o<imer•s on 19th Street to
secure required right-of-way for 19th Street widening, and authorize the Mayor
to enter into contracts. Dedication Deeds to be filed for record at County
Court Hous.a .
OrnL:Q LOT BLOCT` �')DITION
Gulf Oil Corporation
12-1/2' 15,all 14
79
Overton
Glzlf Oil Corpor.•ation
13
79
Overton
A. V. "!eaver Jr.
60.
14
4
Overton.
C.r7stn1 Ice of Iu'nbock
21, 22
to
OIT91rt,-.r
Motion by Commission r Chi ldre s, seconded bN7 Commi .sion :r Dickey, carried
that offer of L. Suttle in the mount of 7,784.00 be accepted for cutting
back buildin,C on Lot 10, Block 49, 11cCrum.men's `nd -Lddition, Lu'�'hoc,?, Texes,
this prorerty located on 19th Street, .and fee being authorized in order to
secure right of way for 1"7idening -,f 19th Street. Vote on this motion being
as Follows; and the Mayor is hereby authorized to enter into CU1.1%r•`-c�.
�.2_vu
cc\
.L131yE: Commissioner Childress, Commissioner Dickey.
NO: Commissioner 9rikes.
Authorization beinr-- hereby rpiven for deed to be filed for record at Court House.:
Bids as follows tivere read on wire -esh fence for the lark Department:
Stem^part Iron Wor'-s
Cyclone Fence Come-ny
Southwestern Fence Co.
$1,181.00
19325.00
1,376.00
MMotion was made by Commis ioner.Childress, secsnded, carried that Park Bonrd's
recommendation be approved and that the bid of Stewart Iron NPorks Company be
accepted for this purelriase, on the basis of the low bid.
Motion by Commissioner Spikes, seconded, carried, to aj-�rove nnd. order paving
to be done on Units 510 and 511.
motion by Commissioner Spikes, seconded, carried to npirove reco^tmendetion of
�d ;4�_L the City Manager to accept _)ffer of E..Gililh nd for � not to exceed w7,699.92'
P;E for cutting back building for widening 19th Street, this bein7 Lot 1, Block 2,
Myrick Addition, Lubbock, Texas, and authorizing the Na�ror to enter into
` contract , ith I?r. ^ilillcind. This amount to include $1175.00 as compensation tol
the tenant as cost of vacating property for moving of building.
Proposal was read from Rev. Karl Yeller of the Lutheran Church at 19th Street,
& Avenue "-", for purchase of Lois 11 to 15, inclusive, Block 58, 11cCrummen
Addition for a consideration of 34,500.00. No action was taken.
Offer was read from J. F. Sides to sell to the Citv of Lubbock 7,^:1eter riwhts
on the Yorth 1/2 of Section 48, Block A, Lubbock County, Texas, for a considera-
tion of "40 .00 i er acre. No action was taken. '
5
Motion by Commissioner Dickey, secsnded, ca-Iried, to ap�.rove the recommendation
of. the City Mannne.r to approve the following appraisals -,f property required
for development of ne- water -ell f: eld and authorize theoffers to be made to
the property ownm, rs:
F. W. Austin
J. H. Beard Est.
H. M. Dunlop
Carl Foster
V. A. Johnston
W. S. Keith
Lubbock Ind. Sch
H. V. Newton
110.5 Ac. 05150.00
40
Ac.
4
125.00
160
Ac.
C
115.00
160
Ac.
c
100.00
4
Ac.
�.
40
Ac.
125.00
1
Ac.
80
Ac.
125.00
Plus 1
irrigation
Well
L. J. Randolph
80
Ac.
1i
175.00
Studebaker Heirs
625
Ac.
L
85.00
C . R. Stiles
157
Ac.
C
125.00
Texas Land & 1%,tg.
Co.
513 4
Ac.
C
85.00
J. 0. Thompson
•3/
1/2
Ac.
C
To Ial Value
416$75.00
5,000.00
18,400.00
162000.00
1,200.00
5,000.00
300.00
10,000.00
4)000.00
14,000.00
53,125.00
19,625.00
43,670.00
500.00
207,? 7.b0
These was discussion of `ax rate for year 1946, but no action taken. The
City 11anager having recommended that a tax rate of $1.00 be set. j
'I
i
The following letter signed L;oll'.e D. Abernathy by Vicl-ers & Viceers,Attorneys, I'
by John Vic!,-er was read, and referred to City Attorney, Vau ,hn E. '?Filson.
i
August 19, 1946 j
I
City of Lubbock I'
Lubbocl-, Texas
Gentlemen:
On :august 19, 1935, by deed recorded in Volume 193, lage 226, IMr. s .
Mollie D. Abernathy anftu.sband, M. G. Abernathy, conveyed to the City of �
Lubbock 332.6 acres of land out of Sections Nos. 1 and 77, Block A, Lubbock
County, Texas, for a consideration of $24,945.00. Such deed provided:
I
"In the event grantee, its successors or assigns, uses the j
land herein conveyed for any r urrose other than public
.,ark, said land shall revert to I7rs. Mollie D. Abernathy,
her heirs and assigns, as her separate property, blAt in
the event of such rever:=ion the grantors shall return to
the City of Lubbock the sum of �75.00 leer acre for said
land ."
�I
It has come to I.7rs. Abernathy's attention that the City of Lubb�lck,
through its duly authorized agents and servants, did drill and operate one
water well on the east side of theland conveyed, about J�:nitary 1, 1945; a
second well on the east side of the land conveyed and north of the first .tell,
about July 1, 1946; and is in the .rrocess sf drilliniz a third 1,^fell upon the j
east side of the land conveyed, north of the second water well. Each of these j
wells has been operating continuously since the date of drilling said well,
and each well has been furnishing; al proximately 800,00 gallons of -ater daily
to the City water system which has been sold by the City of Lubbocl- to private
consumers residing in the Ci.ty of Lubbock. Each of these wells is powered by
electric porter lines that have been erected on the nark property and which are
unsightly.
As the City has diverted the use of this 1-ro erty from that of a
public rar)r, 'Mrs. Abernathy h<:s elected to declare a forfeiture of title to
said property, and hereimith tenders the sum of t21'24,945.00 to be paid to the
City of Lubboclr upon surrender of possession and reco7ni.tion of her title.
In addition to the foregoing claim, Mrs. Abernathy males claims for tl
conversion of the underground waters by the Cit ;T duri.n the period that the
above rnentio^ed wat-_r 1-ells h-.1ve been in o1e.ration. Your attPnti on is invited
to the text and authorities cited in 31 Texas Jurisprudence, lage 531, which
states:
111.'1hen a wilful trespasser enters upon land and converts the
underlyin.a oil and gas, the olnTner can recover the value of
the minerals so converted, together livit h interest thereon
from the date of the conversion, T.:lithout compen.satin- the
aprrorriator for the cost of extraction, riar1retinr, etc."
For your irfor-nation, ire al-,o cite you to the cases of:
City of Ft. "7orth vs Burnett, 114 3. )% (2) 220
Moore vs Gordon, 122 S.W. (2) 239
20 R. C. L. 651
18 C. J. 127-9.
.Trs. Abernathy also Maintains that the City has damaged her severely
through failure to comply with its re.�resentaticns in the negotiations tn*hi ch
proceded the purchase of this land, to the effect that no fence v,ould be
erected between the park end .Trs. Abernathy's property and that a drive would
be constructed along t`-ie east line of theproperty conveyed for the park and
ad*acent to her property; that after the property inas conveyed, a CCC Camp
was established and the City advised her that, under the re,-ulations of the
Nati-oval lark Service, a fence had to be erected surrounding the entire lark,
and if she protested or instituted, legal proceedings the City v,ould lose the
CCC Camp and the benefits from their wort_ in improving the nark. By „eason of
such representations, l.Trs, Abernathy remained silent, rather than ei:barrass the
City by the assertion of such claims.
That these re -re sentations imere material at the ti-,.e, we need only
to point out that this 1-and vwas sold to you for �,`P'75.00 an acre, r ri le the othe
lands purchases; for 1--ark purposes, which ivere not m-re value than TTrs.
Abernathy's land were r. rchased for 100.00 i er acre. The failure to remove
the fence and to construct the drive has damaged :.Trs. Abernathy many thousand
dollars, and she has at all tines considered that the City should honor its
representations and ror_lises to h,r.
Yours very truly,
MOLLIy :�B, I�.�THY
�y VICT,=CC.• VIC =11
By: John E. Vickers
JV : r7rr
t..oti •r_ by Cornnissi.ner 7ickey, sec r ded, c!=ied tre Resolution
as passed.
RL'-'-0LUTICI`T,
7,'1:11 REAS, the United States �'-pray =sir Corps i�., nog,, or Pr°yti_nm the "oath _ lai ns
.?r y .iir r'ield on a very 111r-ited basis ,,:nd _.an �--' the facilities at the Field
are not nu. needed tr, •• carry on t>,e rec aced operations, and
j'.' Ri;,r, a 1:-.r.t of certain lend no��T occupied b.T the -'ir Corps could be
developed into an industri�jl area and several industries could be invited to
locr::te ir_ L,llbbrck if t� " :;ren 7�,a^ ava.1 fable .for develops c:nt,
n w C T rL�T.- TrP 1T ,T 03 KT ". T THE
(':- T v
:'C4+', TTiZ.FO:�L, B� IT 3 �OLTy7 ?3`� 1 : C�l C:,:..T:TI.��I! _. 1'N+. TY C,+ LUBBOCIL,
TH:;T request be made of the 1,.rmy -1-ir Corps to return to the City of iubb:,)ck
ap-Iroximately 160 _Icre. of land _n the r outreast Corner of the Field, it
beinm u.nder.�tood that such utilities as are located in the 160 _acres v7rr)uld
continue to be operated b;,, the -fir Corps and not affect the oreration of the
Base.
�SyB .10 .-L'iROTEB b:.� the City Cor,:mission t`ii:i the 22nd dad of' �,st, 1.946.
Attest: Lavenia_�','illiaris, City Secretary. _C.A.Bcst_ick__�T.1,�Y0R
No further business cominE ur for considerat-I.on, the Cite Comr7issinn
recessed to neet i1ur ust 26, 19)46, at 2
Read and a,.,;roved this the �12 __— day of Se; tember, 1_946.
I.------
Attest-
Y1 �14A2
v Secre