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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/2/1952RECESSED REGULAR MEETING Lubbock, Texas October 2, 1952 The City Commission of the City of Lubbock, Texas, met at 4 P.M, in recessed regular session, recessed from regular meeting of September 25, 1952, at the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Pro -tern Harry Morris, Commissioners L. E. Davis, Hurley Carpenter, Lucian Thomas, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe. Absent: Mayor Murrell R. Tripp and City Manager Steve Matthews. 52-'11-126-238 Honorable Mayor and City Commissioners City of Lubbock Lubbock, Texas Dear Sirs: Lubbock, Texas September 20, 1952 In connection with the property that I own, which was formerly the Lubbock Compress Company, I submit the following proposal for your consideration for the right of way requested for 4th Street improvements and underpass: 1. You are to remove 1,3706 square feet of building and pay to me the sum of $2.00 per square foot or a total of $27,412.00. You are to remove the building at your cost from the night of way and to restore a wall along the right of way so that the remaining.portion will not be damaged. You may use such of the material available to rebuild the wall and any remaining ?his signed materials are to be placed on the remaining property of the undersigned. .Droposal ^et urned 2. You are to pay $1.00 per square foot for approximately 19,971 square feet on the North, �o Jno .Scott , side of the right of way. Ln R.0. v. 3ffice 3. You are to pay at the rate of $1.00 per square foot, 732 square feet on the South side ct.79i952) of the right of way. 4. You are to pay $5,568.00 for dock space loss. You are to pay trackage space loss of $1,806.00. 5. You are to pay $1,371.00 for loss of rentals per thirty (30) days or 100 per square foot per month. 6. You are to pay $15,O00•00 damaged to the remaining property. This is a total of.$71,860. This proposal is submitted to you as a compromise and is to be paid on delivery of warranty deed and a relegse of any further damages in connection with the construction of the street improvements and underpass. If this proposal is not accepted within ten (10) days from this date, the offer is withdrawn. Respectfully submitted /s/ T. E. Patterson After consideration of the above proposal of T. E. Patterson for right of way for 4th Street in the vicinity of Avenue J, motion was made by Commissioner Carpenter, seconded by Commissioner Davis, motion carried, Mayor pro -tern Morris and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, that the proposal be accepted with the following conditions: "Payment as set out in the proposal to be made as follows: $25,000.00 to be paid at this time $232430,00 to be paid Fobruary 1, 1953. $23,430.00 to be paid April 1, 1953. The above consideration being for all persons interested in the property. T. E. Patterson to furnish the City of Lubbock Abstract of title showing merchantable title in the property, also to furnish releases from persons, if any, holding unrecorded conveyances." Legal description of the right of way to be secured from T. E. Patterson being as follows: T. E. PATTERSON PROPERTY NEEDED FOR 4TH STREET R-O-W Being a part of Lot 24, Block 7, of the Original Town of Lubbock, and that part of Old Fourth Street between the Santa Fe Railroad right-of-way and Texas Avenue, and a part of Texas -Avenue where it intersects 4th Street, more fully described by metes and bounds as follows: BEGINNING at the Northeast corner of said Lot 24, Block 7, Original Town of Lubbock; THENCE in a Northeasterly direction 140 feet, more or less, to a point in the South line of Survey 79, Block A, Lubbock County, Texas, said point being the Southwest corner of Block 1, Acuff Heights Addition to the City of Lubbock; _7 THENCE West along and with the South line of Survey 79, Block A. a distance of 305.07 feet, more or less, to a point in th Northeast right -of-way line of the P. & N.T. Ry. Co; THENCE along a curve to the right along and with the North right-of-way line of the P. & N. T. Ry. Co. to the point of intersection with the North line of said Lot 24, Block 7, Original Town, then continuing with said North right of way line a distance of 11.34 feet to a point in the South line of the New Fourth Street right - of - way; THENCE in a Northeasterly direction along the South line of the New Fourth Street right-of-way to a point in the East line of said Lot 24, Block 7, Original Town of Lubbock, said point being 4.96 feet South of the Northeast corner of said Lot 24; THENCE North 4.96 feet along and with the East line of said Lot 24, Block 7, to THE POINT OF BEGINNING. 52-11-127-239 On September 25, 1952, the City Commission authorized condemnation of the South 121 feet of Lot 16 and 19, Block 5, Flynn Place Addition to the City of Lubbock. On this date October 2, 1952, a new proposal was presented the City Commission for acquiring this South 12";ZF, of Lot 16 and Lot 19, Block 5, Flynn Place Addition, V. A. Holden, owner, said new proposal, dated September 30, 1952s reading as follows: 9-30-52 To the City Commission Lubbock, Texas The undersigned, being the owners of the property herein described hereby make the following proposal and offer to the Cit of Lubbock with respect to 34th Street right-of-way 0 ra ilal ate required for widening of 34th Street 12� feet, said property being Lots 16 and 19, Block 5, JuRpihf Flynn Place Addition- to - the City of Lubbock. sent to r And That portiorr re ui_red by the City of Lubbock being described as follows: 1�'tt Hglffigs; The South ]2� feet. 10-7-1952. To duly execute and -deliver to the City of Lubbock a Warranty Deed covering that portion of the above described property needed in consideration of the benefits to my property and the sum of $1,100.002 and the undersigned will deliver to the City of Lubbock, Texas, a Base Abstract, together with all supplements therein, down to the present date, and said abstract to show good and merchantable title to the undersigned name, free from any and all incumbrances. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, /s/ V. A. Holden BE IT RESOLVED BY THE CITY COMNIISSION OF THE CITY OF LUBBOCK, that the foregoing proposal BE, and.it is hereby accepted October 2, 1952• _/s/_HarrvMorris Mayor Pro-tem ATTEST: LsL _Lavenia Lowe _ City Secretary After consideration of the above proposal dated September 30, 1952, of V. A. Holden, for securing the South 121 feet of Lot 16 and Lot 19, Block 5, Flynn Place Addition to the City of Lubbock, for the consideration of One Thousand One Hundred (�1,100.00) j�?ollars, motion was -made by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor pro-tem Morris and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, that the Proposal, dated September 30, 1952, and as set out above be accepted for purchase of right - of - way for widening of 34th Street between Avenue J and Avenue L. 2.2-11-127-240 Motion by Commissioner Thomas, seconded by Commissioner Davis, motion, carried, Mayor pro-tem Morris and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, to accept the following proposal of William L.-Bacons E. B. Wheelock and W. L. Telford for removing and relocating obstructions in the..right-of-way for 4th Street, just west of College Avenue. Consideration authorized paid: $1,500.00. This being property where the "Villiage Mill" restaurant is now located. PROPOSAL TO CITY OF LUBBOCK TO: The Mayor and City Commission City Hall Lubbock, Texas Gentlemen: The undersigned, W. L. BACON, E. B. WHEEI.00K, and W. L. TEI,.FORD, are the owners of a lease. from A. W. BLANKENSHIP and wife covering a part of a tract -of approximately seventeen (17) acres of land, said part of tract being described as follows: BEGINNING at a point sixty (60) feet North and 440 feet West of the Southeast corner of Section Twenty (20), Block A, Lubbock County, Texas, for the beginning and Southeast corner of this tract; THENCE West 200 feet; THENCE North 200 feet; THENCE East 200 feet; THENCE South 200 feet to the PLACE OF BEGINNING. In connection with the proposed use of the South thirty-two (32) feet of the described tract, we propose, in consideration of the mutual benefits both to the public, the owners of tham 3and Am the undersig _eded: signed Proposal Returned to City En ineer, '.' .§.Holmes, Oct. 7,1952. Signed �ory(0rigina1) Df this letter Sent to �' .B. iolmes,City Engineer L0-7-19H (no o co�her rov (1) To release the South thirty-two (S 32) feet of the above described tract from ou lease with.the understanding that the owners of the tract of land have dedicated this Sout thirty-two (S 32) feet for a service road. (2) The City of Lubbock, in consideration of such release, to pay•jointly to the undersigned the sum of FIFTEEN HUNDRED AND N0/100 ($1500) D611ARS, which we agree to accept in full and final payment for said release of the thirty-two (32) feet, clearing th thirty-two (32) feet of all obstructions, and including removal of all fences and improve- ments of every -nature now in or extending into the thirty-two (32) foot area above describ said thirty-two (32) foot area to be cleared by us by November 15, 1952, the City to pay said Fifteen Hundred Dollars when said thirty-two (32) foot area is cleared. (3) It is understood that we of necessity will have to make adjustments of existing improvements on the leased property and that we agree with the City that the Fifteen Hundro 01500) Dollar payment will compensate us for damages of every nature connected with or growing out of the construction of the proposed freeway and service road and all changes ii dent to our occupancy of the thirty-two (32) foot area and the remaining part of the leased premises. (4) We covenant that the undersigned and the Blankenships are the only persons haveing an interest in the subject matter of this agreement, and upon due acceptance by the City of Lubbock of this Proposal that if the City of Lubbock so determines that this instrument shall be and is hereby made a Release in full of the above describ d thirty-two (32) foot area, and the City, its agents and contractors shall have and are hereby delivered the right of possession to the described thirty-two (32) foot area as of November 15, 1952, upon payment of the Fifteen �+ Hundred 41500) Dollars above agreed upon. This, the 2nd day of October, 1952. &Z William L._Bacon W. L. BACON Lsl E._B_ Wheelock_ _ E. B. WHEELOCK &Z W._L_ Telford _ _ W. L. TELFCRD The foregoing Proposal'baving been presented to the City Commission of the City of Lubbock and duly considered, the same is hereby ACCEPTED - FdgEeTRA,, this 2nd day of October, 1952. Js/ Harsf Morris _ Murrell R. Tp, Mayor Harry Norris, Mayor pre-tem ATTEST: Ls/ La_venia Lowe _ _ _ City. Secretary -Treasurer Lubbock, Texas September.24, 1952 The City of Lubbock Lubbock, Texas Gentlemen: You are authorized to accept our dedication of thq 32 foot Access Drive adjacent to Fourth Street as shown upon the attached plat in consideration of the following agreement upon your part: 1. None of the paving costs, including curb and gutters,on Fourth Street shall be charged or assessed to us. 2. The Access Drive as shown on the plat shall be paved at the same time that the Fourth Street Freeway is paved, such pavement of the access drive to be 32 feet wide and - without :cost to. us. No curbing or other obstructions shall be placed along the North side of the Access Drive without our written consent. 3. The Access Drive as dedicated shall be used only for access to the premises and businesses immediately to the North, and for no other purpose. 4. The City of Lubbock agrees to close and vacate by ordinance and further to quit- claim the 501 by 1018.45 foot street heretofore dedicated by us which lies immediately East of the P & S F RR Co. Right -of -Way. 5. The City of Lubbock further agrees that two openings on the North side of the Fourth Street Freeway shall be constructed for ingress and egress to the Access Drive and the premises owned by us. These openings shall i?e constructed as shown on the plat approved and signed by Lynn Andrews and Wallace Blankenship. 6. The City of Lubbock shall be responsible for any claims asserted by lessee, Mr. Wheelock,.for which it may be legally liable. 7. Acceptance and filing of the dedication shall bind the City of Lubbock to perform the above obligations. Isl A. W. Blankenship Accepted: _Oct ._ 2, _1952. ,, _ _ Is/ Mrs. A. W. Blankenship THE STATE OF TEXAS COUNTY OF LUBBOCK The undersigned as owners of the property designated upon the attached plat as "W. W. Blankenship Property", same being part of the Southeast One -Fourth of Section twenty, Block A, Lubbock County, Texas, do hereby dedicate forever for the use of the public the thirty-two foot 'Access Drive' as shown on said plat hereto attached, such, Access Drive to be used by the public for access to the premises and any businesses situated immediately North of such "Access Drive", including the right to drive motor vehicles over and across same. The -rights of the public to use said Access Drive shall be limited to the above use and shall not extend to nor permit any other use, without the written consent of the owners. WITNESS OUR HANDS at Lubbock, Texas, this the 24.h day of September, 1952. %s/ A. W._ Blankenship (A. W. Blankenship isz Mrs. A_ W. Blankensh]Lp Mrs. W. W. Hlarilcenship) THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, THE UNDERSIGNED, a Notary Public in and for said County, Texas, on this day personally appeared A. W. BLANKENSHIP and MRS.A. W. BLANKENSHIP, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said MRS. A. W. BLANKENSHIP, wife of the said A. W. BLANKENSHIP, having been examined by me privily and apart from her husband, and having the same fully explained to he r,.she, the said MRS. A. W. BLANKENSHIP, acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the pur- poses and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 24th day of September, 1952. LsL John Wieken --------- - - - - -- NOTARY PUBLIC, LUBBOCK COUNTY, TEXAS 52-11-129-241 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Mayor pro-tem Morris and Commissioners Davis, Carpenter and Thomas voting Yea, none voting Nay, to authorize Edward L. Colby, Director of Aviation, Lubbock Municipal Airport, to execute "Application" to Civil Aeronautics Administration, Washington, D.C., for partial payment of the U. S. Governments' share of the cost of Airport Work Order Number 109. This work is being accomplished by contract of October 30, 1951, between the City of Lubbock and Nelson Electric Company for Installation of Medium and High Intensity Lighting, Lubbock Municipal Airport. 52-11-129-242 CRENSHAW, DUPREE & MILAM Lubbock, Texas September 26, 1952 Mr. Vaughn E. Wilson City Attorney City of Lubbock Lubbock, Texas Dear Vaughn: This will acknowledge receipt of your letter of September 22nd enclosing copies of petitions filed in the following cases by McWhorter, Howard & Cobb against the City of Lubbock: 72nd District Court No. 21085, Carl Foster 72nd District Court No. 21060, Alice M. Nelson 72nd District Count No. 21147, C. R. Styles 99th District Court No. 21069, Nancy Brown 99th District Court No. 21153, A. J. Gregory 99th District Court No. 210922 Hugh Newton As stated by you in your letter our understanding is that our fee for the first suit tried and finally disposed of will be $2,500.00,, and the fee covering each of the other suits will be $1,000.00 per suit, with each fee payable as and when the case is actually tried and thereafter finally disposed of. This arrangement is also applicable to the Ray & Hettler case, which was heretofore referred to us by you. In order that the matter may be entirely clear, the fees above mentioned are inclusive of all fees in the trial court or in the Appellate Courts. If some of the cases are not tried no fee will be charged in such case or cases. As soon as you conveniently can if you will forward me the map of the locations of the various wells involved and the distances from the City Wells, we will begin the for- mulation of the amended answers in the eases to be submitted to you for approval before filing. With kindest personal regards, we are Yours very truly, Crenshaw, Dupree & Milam By: /s/ Chas. C. Crenshaw There was discussion of the employment of the law firm of Crenshaw, Dupree and Milam to assist City Attorney in the suits as set out in the above letter from said firm, City Attorney, Vaughn E. Wilson, stating that the employment of this law firm is in accordance with instructions to him by the City Commission. Whereupon, motion was made by Commissioner Carpenter, seconded by Commissioner Thomas, motion carried, Mayor pro -tear Harry Morris and Commissioners Carpenter, Davis and Thomas voting Yea, none voting Nay, that the City Commission hereby confirms the employment of the law firm of Crenshaw, Dupree and Milani to.work with the City Attorney in the suits against the City of Lubbock as set out in the above letter addressed to the City Attorney and being dated September 26, 1952, payment for their services to be made as set out in said letter. ATo further business coming ur for consideration, the City Commissinn adjourned. xead 9nd a --roved this the _w _9th_____day of October, 1952. AtAet_ar�4 -e AasirL_V_._____-__ 11W �j