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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/30/1951RECESSED REGULAR i,E'EETING Lubbock, Texas March 30, 11�51 The City Commission of the City or' LuL'bock, Texas, met at 11;00 O'clock A.I.J. in recessed regular session, recessed from regular meetin:; of I•:a-rch 22, 1951, at the regular meeting, place in the City Hall, the f'ollowin4, members thereof' being present, towit: Mayor Clarence K. Whiteside, Commissioners Harry Morris, L. E. Davis, Lucian Thomas, City Attorney Vaughn E. Wilson, City Mana-er Stove Matthews, City Secretary Lavenia Lowe. Absent: Commissioner E. K. Hufstedler. I•Iotion 'r);T Co:iunissioner Davis, seconded by Commissioner Morris, motion carried, Ma -,,Tor Whiteside and. Commissioners Morris, Davis and Thomas voting YEA, none votin�;_NAY, to authorize the City Attorney to employ one additional Assistant Attorney to be used in the Le`:al Department and in connection with1the Corporation Court. Motion by Commissioner Morris, seconded by Commissioner Thomas, to authorize appoinment of Mrs. Grace Garrett as Local Re:-;istrar of Births and deaths of the City of Lubbock Health Department, also that she be hereby authorized to sin Tax Free A7adiol Permits in securing_ tax free alcohol for use by the City Health Department, and all'othor documents necessary to operation of tie Ilealth Departi:ient. This motion carried by the f'ollowii� vote: Mayor tdhi.teside and Corunissioners Morris, Davis and Thomas voting YEA. Done voting-; 11AY. Ido furtner business coming up for consideration, the City Commission recessed to meet at 11 A.M. April 3, 1951. Read and Approved this the _ 12thday. of April ATTEST: City Se6fetary RECESSED REGULAR iiiJ:�TIi:G Mayor Lubbock, Texas April 3, 1951 The City Commission of the City of Lubbock, Texas, met at 11 A.E. in recessed re.;,ular ,session, recessed from -re--ular meeting of Ilarch 22, 1;,51, at the regular meeting place in the City Hall, the following members the-reoL' being-, present, to -wit: Piayor Clarence K. Whiteside, Commissioners E. K. Hufstedler, Harry Morris) L. E. Davis, Lucian Thomas, City Attorney Vaughn E. Wilson, City Manager Steve Matthews, Ciyy Secretary Lavenia Lowe. Absent: None ,dHEl-iEAS the Cityr Commission has heretofore agreed with the Fort Worth and Denver South Plains Railway Company and its lessee to submit to a five (5) man Committee the amount of dainar;es sustained by either or both Railroads by reason of extending ana constructin:-,; 19th Street East from Avenue H and satisfactory instructions to the Commission have been arrived at by the City Commission for submission to the Railroads, n '� r;LZ.EFORE, BE IT RESOLVED BY THE CITY COT4If�iISSIOIv OF THE CITY OF LUBBOCK, Nadi the �\ ,S\following instructions as agreed upon by the City Commissioners be submitted to the Railroads for their approval anu signatures. Upon Mo tion of Commissioner Morris, seconded by Commissioner Thomas, motion carried, all members of the Commission. .voting YEA, NONE voting NAY, the following instructions ' C'it Attorne-Wdirected to submit them to the Railroads for were adapted and trie y 3 prompt approval. MESSRS: ROY DAVIS, JOHN SPITES, ROBERT WRIGHT, W. B. RUSHING, AL FERGUSON, 0. L. GEI`2 TLEMEN : You have been unanimously selected by the CITY OF LUBBOCK and the FORT WORTH AND DENVER SOUTH PLAIDS RAILWAY COIJTPANY and the FORTH WORTH AND DE1,VER CITY RAILWAY COMPANY to arbitrate the amount of damages to the business and properties of the Railway Companies resulting- from the opening of 19th Street as a part of Highway Dispersal System of Lubbock. While the Committee shall consist of the first five of you named, Mr. Byrd is also included so that he may succeed to any vacancy which might occur before the completion of your duty. It is expected that he will sit with you and participate to such extent as may suit you, but shall not participate in the final award unless a vacancy shall first have occurred. This instrument, mutually agreed upon as evidenced by the respective signa- tures of the parties, sets forth the scope of your inquiry and appraisal in determin- ing the amount of damages, if any, which in your judgment should be paid by the City to either or both Railway Companies due to the extension of 19th Street East from Avenue H. I. In arriving at the amount of dai,iages, if any, you may consider not only the reasonable value of the property actually acquired by the City for highway right- of-way purposes, but any other damages resulting from such extension which you'find to be reasonably compensable. II. You shall hold meetings at such time or times and'at such places as you may determine, provided wiit'ten notice shall be given each party of such time and place not less than three (3) days, excluding date of notice, prior to such meeting. Notice shall be considered given to the City when delivered to the office of the City Manager, and to the Railway Companies when delivered to the office of the General Agent of the Fort Worth and Denver City Railway Company in Lubbock. Either party may waive writtenrntice. Any hearing may be postponed if requested by either party, at the election and convenience of the Committee, whose judgement shall befinal. You are authorized to receive evidence on any one or more occasions from either party, with or without the presence of repeesentatives of the other, but no award shall be made unless and until each party has had a full opportunity to present its evidence. Your Committee or the individual members may make such personal investi-at- ions as may seem necessary or desirable to enable you to render a fair and equitable award, provided that a written report and resume of findings of such investigations, whether made by the Comiiiittee or the individual members t iereof, is submitted to each party and oppotunity given to each party to offer evidence in explanation, support contradiction or modification. You may receive evidence from any source you may choose, provided that a copy of such evidence be submitted to each party and opportunity given each party to offer additional information, additional evidence in explanation; support, contra- diction or modification of it prior to final award. While you are not bound by the legal rules of evidence, you should exclude matters obviously unrelated which are time-consuming and becloud the issue; all evidence bearing upon the case should be freely submitted. The object of tl.is arbitration is to afford an easy, expeditious, and inexpensive method of settling this dispute. Hearings are not to be confined by the strict legal rules of evidence. Liberality of procedure is to be observed and such methods are to be followed as will be best calculated to elicit all the evidence pertaining to the case and at the same time meet the convenience of the Committee and of the City and Railway Companies. It is su;gested; but not required, that all oral testimony be under oath, and all written evidence be sworn to, when received by you. A written record shall be made of all hearings and either party may obtain a copy of it at his sole cost and expense. IV The Committee is authorized to employ for a reasonable fee.. any person, firm or corporation, whose skill, experience, knowledge, technical training or other qualifications, will assist the Committee in its deliberations and arriving at its award. 0 You shall employ a competent reporter or reporters to make a written record of all proceedin_;s, except it is not required that the deliberation of the Committee be reported. V. You may'require the parties -and their witnesses to attend the hearings and submit to examination and cross-examination relating to any and all matters pertinent in this arbitration, and the parties and their witnesses &ay be required by the Committee to produce and deposit with the Committee any and all instruments, documents, account books, letters, etc., evidences and thiiVs in their possession and control touching or concerning the matters'pertinent to this arbitration and award. Lis 0 The award shall be reduced to wittin; and signed by five (5) members of the Committee. Each party shall be furnished with a signed copy and each such copy shall constitute an original. The award shall be a certain sum of money, payable by the City of Lubbock to the Railway Compdnies,'jointly or severally, as in the judgment of the Committee shall be fair and equitable. VI I . If either party is dissatisfied with the award it shall request in writin^- witliin ten (10) days a reconsideration of the award, such request stating clearly the reasons for the reconsideration, and a copy shall be delivered to th other party. The Committee shall meet and make a new award or reject the request ;s it may determine. Only one request for reconsideration shall be accepted. The Committee is requested by both parties to exclude from its considera- tion all matters not disclosed by the hearing, investigations and appraisals herein provided for VIII.7 Any and all reasonable expenses incurrOd by the Committee shall be paid equally by the parties hereto and shall be paid within thirty (30) days after approval of the statement by the Chairman of the Committee. IX. It is recognized that the City Commission cannot legally bind itself to accept your award; however . it is mutually agreed by the parties, as evidenced by their signatures hereto, that the amount of damages suffered by the Railway Com- panies, or either of them, au determined by you will be conclusive evidence for all purposes of the loss and damage to the Railway Companies, -or either of them, CD by reason of the opening of 19th Street across their properties. Insamuch as the parties hereto have submitted this matter to you gentle- men as an arbitration Committee and agreed as best they can to abide your award, they mutually agree, as evidenced by their signatures hereto, not to institute or to carry on any litigation concerning, relating to or arising out of the issues Xubmitted to you for arbitration. X. When, in the judgment of the Committee, both parties have had a reasonable time to submit to the Comrriittee all pertinent evidence, argument, and other matters, the Committee may set a date beyond which further evidence will not be received, which final date for receiving evidence shall be not less than thirty (30) days from the date notice is given parties that such final date has been set. APPROVED: General Attorney FW&DSP Railway Company FW&DC Railway Company City Attorney FORT 1;1ORTH AND DENVER SOUTH PLMS RAIL IiAY COMPANY By: Its Vice President FORT WORTH AND DENVER CITY RAILWAY COMPANY By Its Vice President CITY OF LUBBOCK Signed: By: CLARENCE K. WHITESIDE, its Mayor HARRY MORRIS , L. E. DAYIS E. K. HUFSTEDLER LUCIAN TI-IOMAS No further business coming up for consideration, the Commission adjourned. Read and approved this the loth day of May 1951• ATTEST: � � Mayor �,