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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/19/1947RECESSED REGULAR MEETING. Lubbock, Texas June 19, 1947. The "ity Commission of the "ity of Lubbock, `texas, met at 2 F.M. in recessed regular session, recessed from `regular meeting of June 12, 1947, at the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor C.A. Bestwick, Commissioners W.B. Price , T. Ray Lickey, JF.H. Childress, John Spikes, City Attorney Vaughn E. Wilson, Lity 1`lanager Homer A. Hunter. Absent: City Secretary Lavenia Williams. Rev. A.J. Laing, pastor of the Church of the Nazarene, located at 14th Street and Avenue Q, appeared before the "ommission, asking permission to continue the use of the equipment recently installed to broadcast chimes. After a discussion the City Commis Sion requested the City Manager to work out some plan to grant this reque st . Motion by Uommissioner Childress, seconded by Commissioner Spikes, carried unanimously, Ordinance No. 819 was passed on first reading. ORDINANCE NO. 819 AN ORDINANCE AMENDING ORDINANCE NO. 661 AND TAKING LOTS 1,2,and 3, Block 10, RICHMOND 2ND ADDITION TO THE CITY OF LUB BOC4 OUT OF AN "E11 DISTRICT AND PLACING THEM IN AN "F" DISTRICT, AND TAKING LOTS 1, 2 AND 3, BLOCK 1, WHEELOCK ADDITIOi� TO THE CITY OF LUBBOCK F ROM AN "F" DISTRICT AND PLACING THEM IN A "J" DISTRICT. There was discussion of the recommendation of the City Planning Commission regarding the request of the First Baptist Church to abandon an alley in Block 72, Overton Addition, but no action was taken. Motion by Commissioner Spikes, seconded, carried, to approve the recommendation of the Recreation Department to allow the claim of Arnold Weed for loss of clothing at the municipal swimming pool, amounting to $20.59. Motion bl�, Gommissioner Dickey, seconded, carried, to cancel order of date February 13, 1947, for one of the Chevrolet panel trucks to be used by the Fire Department and purchase a G M C panel truck. This order being cancelled because it will be some time before the Chevrolet panel truck can be delivered and the GMC panel truck is available immediately. This G M C truck to be purchased for a consideration of $1, 599.50. Motion by Commissioner Price, seconded, carried, to deduct $$00.00 (Eight Hundred Dollars) from the sale price of an oil engine used at the City of Lubbock Generating Plant. The original sale price was $34,000.00. The reduction being made provided the City is not required to assemble new parts in the engine. Motion by Commissioner Sikes, seconded, carried, to approve the purchase of a mechanical post hole digger to be used by the Electrical Department. This purchase to be made from the Highway Trailer company for the price of Twenty Eight Hundred and No/100 ($2800.00) Dollars. Notion by Commissioner Childress, seconded, carried, the following resoluticri was passed: RESOLUTION WHEREAS, the building code provides that in proper cases the City Commission may authorize use of certain portions of parkways and underground diesel storage tanks upon proper request by those desiring to make such use of the parkways, together with the agreement that such users will immediately upon request of the City, remove such tanks as required by the pity, and such application having been made by the Texas, New Mexico and Oklahoma Motor Coaches with respect to the following described location, THEREFORE, BE IT RESOLVED BF' THE CITY CONiMISSION OF THE CITY OF LUBBOCK, TEXAS: THAT, the Texas, New Mexico and Oklahoma Motor Coaches, BE, And they are hereby authorized to place underground diesel storage within the parkway space (which includes sidewalk area) , along the West side of Avenue L, between 13th and 14th Street, abutting their shop building, PROVIDED, however, that all safety and other regulations shall be strictly conformed to and said company shdll forthwith remove the same upon due request by the ljovernding Body of the City of Lubbock. Passed and approved by unanimous vote of the City Commission this 19th day of June, 1947. C A Best wi ck Attest: Lavenia Ulliams MAYO R fi There was discussion of purchasing 513.77 acres of land from the Texas Land and Mortgage C oinpany, Inc . he Commission directed City Attorney Vaughn E. Wilson to contact Mr. E.L. Klett and Mr. Ben Brewer in regard to closing this transaction. Motion by -Commissioner Price, seconded, carried, to authorize the Mayor to sign a new lease with Dr. Fred Standefer and Frank Gray for lease of the City Sewage Farm under essentially the same terms as the present lease. New lease to be for a period of ten years. This lease is authorimd provided the Lessors agree to furnish labor and the Lessee to .furnish material for rebuilding the portions of the boundary fences that need rebuilding. The fence to be of 4 or 5 wire barbedwire. Motion by Commissioner Childress, seconded, carried, to approve and authorize paving of Unit No. 685, being 28th Street f rom the West property line of Washin-ton Avenue to the East property line of Adams Avenue. Motion by Commissioner Uhildress, seconded, carried, the following Resolution was passed; RESOLUTION WHEREAS, the City of Lubbock has, through its City Manager and Aight-of-Way Agent, W.M. Plemons, attempted to agree with kir. & Ivirs. M.L. Gilbert on the value of their property being all of Lot 6, Block 1, Parkview Addition to the City of Lubbock, Texas, the said property being needed for highway and street purposes; and, WHEREAS, said owners have refused to accept the offer made by the `'ity Commission as aforesaid; and, WHEREAS, the City and Mr. and Mrs. 'ilbert have failed to agree on the value of said tract of land; and. WHEREAS, the said lot to -wit: Lot 6, Block 1, Parkview Addition to the "ity of Lubbock, Texas, being needed for highway and street purposes and the owners and the "ity having failed to agree on the value of said tract of land, THEREFORE, BE IT RESOLVED By THE CITY CG4MISSION OF THE CITY OF LUBBOCK, TEXAS: That, the lity Attorney, BE, and he is hereby authorized to file and �h prosecute to the final conclusion, cond emnat ion proceedings, and acquire the fee simple title to all of said lot. The foregoing resolution was duly passed by unanimous vote of the C it y Commission the 19th day of June, 1947. C A Bestwick Mayor ATTEST: Lavenia Williams City Secretary Bids as follows were received for constructing a tenhis court in Wagner Park Total Price Elmer Terry - $1,532.16 Elmffm Calhoun - 1,477.44 Motion by Commissioner Lickey, seconded, carried, that the bid of Llmer Calhoun be accepted, it being the lowest and best bid. Bids as follows were received for furnishing 10,000 gallons of lubricating oil for the power plant: The Texas Company - .330 per gallon Ursa P-40 'i Gulf Oil `'ompany - .450 per gallon Parvis "All Cities Service Company - DC-6 .320 per gallon Motion by Commissioner "hildress, seconded, carried, that the bid of the Texas Company be accepted for this purchase, because of the satisfactory performance of the engines with this type of lubricant. Bids as follows were received for 5000 feet of 5116" and 2000 feet of 3/811 galvanized guy 'wire for the Electric Derartment : Total .trice Graybar Electric Company - $245.29 G. E. Jones Electric Comr;any - 268.01 Southwestern Electric Company - 274.66 Nunn Electric Company - 207.46 Motion by Commissioner Childress, seconded, carried, to accept the bid of the Graybar Electric Company, in as much as they can deliver the material within two weeks and other bidders cannot deliver until the third or fourth quarter of 1947. 17otion by Commissioner Childress, seconded, carried, that the following Building Code requirements be waived insofar as they may apply to temporary buildings to be erected by Lubbock Independent School District to provide cafeteria space at Sanders, Durree, Guadalupe and Dunbar schools in Lubbock: Solid cone-rete foundation will not be required and buildings : Lay be set on concrete piers or concrete blocks. Rigid conduit for electrical wiring will not be required but Electrical Wiring will be installed in a safe condition so that no fire hazard will be created . Plumbing may be installed so long as it is safe and it will not be required that all plumbing be re -loved and reinstalled in buildings. A condition of the waiver of these requirements is th4t none of the buildings shall ever be used for living or sleeping quarters, and the;7 shall be removed as soon as rerr.anent buildings are erected. There was a discussion of purchasing property owned by J. E. Simpson, being the North 40 feet of Lot 20, Block 1, Farkview Addition for a consideration of ;"'550 .00 . After consideration it was decided that the land was not needed by the City and the proposal of TQr. Simpson was not accepted. There was discussion of purchasing property owned by Joe Telford located in the Northeast section of the City required for Avenue "A" right-of- way, but no action was taken. Notion by Commissioner Childress, seconded, carried, to accent the following 1=posal of J. h. Hedges for purchase of Lots 6,7,8,9 and 10, Block 22, Original Town, for location of the municipal gara,,e. June 10, 1947 To the City Commission Lubbock, Texas The undersigned are the sole owners of the following described tracts of land, to -writ: Lot 6, 7, 8, 9, and 10, Block 22, Original Townsite to the City of Lubbock, Lubbock County, Texas. V"e propose and offer to convey by warranty deed to the City of Lubbock the following described rart of the above described tracts of land, said part being described as follows, to -grit: All of the above lots. We agree to deliver to City a complete abstract showing merchant- able title in the undersigned and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, and payment or tender of Payment to us by the Cite, the sum For the additional consideration to be paid by thE: City of Lubbock in the sum $3,e00.00, we do hereby agree that Tire will forthwith remove all fences, buildings, structures and other obstructions as may be found upon said property to be conveyed, said consideration to be paid to the persons entitled thereto when such ob-tructions have been moved, which said amount is the agreed total da.laaes sustained and/or to be sustained by the undersigned and all other persons having an interest in the above described tracts of land. The above paragraph is subject to rulings of, the 0. F. A. and Civil Courts in removing the tenents. This proposal is submitted subject to due accertance by the govern- ing body of the City of Lubbock. Yours truly, (Signed) J. _A^_Home s__�_______ Accepted by the Governing Body of the City of Lubbock, this 19th day of June, 1947. C. A. Bestwick Mayor ATTEST: Lavenia Williams ------------------------ City Secretary SEAL Motion by Commissioner Childress, seconded, carried, to accept the following proposal of J. A. Hodges for right-of-way across Lot 27, Block 30, Helm Sub -division of the Roberts & TIc'Yrorter' Addition, this -right- of-way required for Avenue 110,11 Northwest. June 3, 1947 To the City Commission Lubbock, Texas The undersigned are the sole owners of the followine- described tracts of land, to -wit: Lot 27, Block 30, Helm Subdivision of Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas. We propose and offer to convey by warranty deed to the City of Lubbock the following described part of the above described tracts of land, said part being described as follows, to -wit: 1988.4 Square feet off the West end of above lot. We agree to deliver to City a complete abstract showing merchan- table title in the undersigned and to duly execute and cbliver to the City general warranty deed upon accertance of title by the City, and payment or tender of payment to us by the City, the sum .;`300.82. For the additional consideration to be naid by the City of Lubbock in the sum •vNone, we do hereby agree that we will forthwith remove all fences, buildings, structures and other obstructions as may be found upon said property to be conveyed, said consideration to be paid to the persons entitled thereto when such obstructions have been moved, which said amount is the appreed total damages sustained and/or to be sustained by the undersigned and all other persons having_ an interest in the above described tracts of land. The undersigned agrees to furnish abstract of title certified to day by an acceptable abstract company for rurposes of examination of title by the City of Lubbock. City shall have reasonable ti-­e in which to examine title and said Abstract shall be returned to the undersigned. This proposal is submitted subject to due accertance by the govern- ing body of the City of Lubbock. Yours truly, (Signed) J. A. Hodges________ Accepted by the Governing Bidy of the City of Lubbock, this lyth day of June, 1947. ATTEST: Lavenia-7Vlliaras --------I--------------- City Secretary SEAL C. Bestwick ------------------------ I.Ia y or 0 Motion by Commissioner Childress, seconded, carried, to accept the following proposal of V�IV5kHMd for right-of-way across Lots 22 and 23, Helm Sub -division,/ off oberts & McWhorter Addition, right-of-way required for Avenue ""i" Northwest. June 17, 1947 To the City Commission Lubbock, Texas The undersigned are the sole owners of the f olloviing described tracts of land, to -wit: Lot 22 and 23, Helm Sub -division of Block 30, Roberts & Mc?llhorter Addition to the City of Lubbock, Lubbock County, Texas. We propose and offer to convey by warranty deed to the City of Lubbock the following described part of the above described tracts of land, said cart being described as follows, to-t.,it: 2371.4? Square feet off the Northeast corners of the above two lots. We agree to deliver to City a complete abstract shewing merchant- able title in the undersigned and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, and payment or tender of payment to us by the City, the sum "365.92. For the additional consideration to be paid by the City of Lubbock in the sum � NO , we do hereby agree that we will forthwith remove all fences, bui dings, structures and other obstructions as may be found upon said property to be conveyed, said consideration to be paid to the persons entitled thereto when such obstructions have been moved, which said amount is the agreed total damages sustained and/or to be sus- tained by the undersigned and all other persons having an interest in the above described tracts of land. The City of Lubbock to -ay all cost of bringing Abstract up to date and Abstract to be returned to the undersigned after title has been examined and apr-roved. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, (Signed) «'. J. Hood ------------------- Accepted by the Governing Body of the City of Lubbock, this 19th day of June, 1947. ATTEST: Lavenia Williams ------------------------- City Secretary SEAL C. A. TRest,.vick ------------------------ Mayor Motion by Commissioner Childress, seconded, carried, to accept the following proposal of James 17. 14arkham foi- right-of-way across Lots 1 and 2, Block 68, Roberts & McWhorter ,tddition, right-of-way required for Avenue '' ,„ Northwest. June 12, 1947 11r. V. T.T. Plemons, Right-of='day Agent City of Lubbock Lubbock, Texas I appreciate your letter of May 2"1 which was forwarded to me from my old address in Austin. After considering the matter from many standpoints, I believe vour offer of ., 410.56 for the highway right-of-way across Lots 1 and 2, Block 38 of Roberts and P.TcWhorter addition is somewhat less than a fair market value for the space and compensation for the danage done the remaining footage by the awkward way the ri.nht-of-way cuts diagonally across the lots. You will note that one lot is rendered practically useless. Figuring in this compensation, together with the added expense of furnishing the city with abstracts and deed, I feel that 0500 would be a fairer Price. I will appreciate your conveying this offer to the City Commission. In the light of these facts, I trust the Commission will reconsider. Very truly yours, (Signed) Jaires '.'!. Iiarkham ---------Markha---------------- Jar_ies l+'�i. I��arkham Accerted by the Governing Body of the City of Lubbocl�, this 19th day of June, 1947. C. A. Bestwick Mayor ATTEST: Lavenia WilliaLis ------------------------ City Secretary SEAL Motion by Commissioner Spikes, seconded, carried, to accept the follow- ing proposal of M. W.7 :IcCarty, a�-ent for J. F. Baggett, owner of the East 50 feet of Lots 16, 17 and 18, Easley Sub -division, Block 31, Roberts & Mc�7dhorter Addition, for right-of-way required for Avenue "q11 Northeast. June 12, 1j47 To the City Commission Lubbock, Texas The undersigned are the sole owners of the following described tracts of land to -wit: East 50 feet of lots 16, 17, and 18 of Easley sub -division of Block 31, Roberts and McT"Ihorter Addition to the City of Lubbock, Lubbock County, Texas. We propose and offer to convey by warranty deed to the City of Lubbock the Following described part of the above describes tracts of l&nd, said part being described as follows, to -wit: Approximately 1370.40 Square Feet off the lest ends of _ the above Described lots, being 20.25 feet from the Northwest corner of the above described tract to the new property line and 2.59 feet from the Southeast cor- ner to the new property line. We agree to deliver to City a complete abstract showing merchant- abel title in the undersigned and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, and payment or tender of payment to us by the City, the sum "'210.77. For the additional consideration to be paid by the City of Lubbock in the sum 'D None. we do hereby agree that we will forthwith remove all fences, buildings, structures and other obstructions as may be found upon said property to be conveyed, said consideration to be paid to the persons entitled thereto when such obstructions have been moved., which said amount is the a7reed total damages sustained and/or to be sustained by the undersized and all other persons having an interest in the above described tracts of land. No improvements are involved. Seller agrees to furnish Abstract for purposes of examination of Title. Abstract to be returned to yeller. City to pay all cost of bringing Abstract up to date. This proposal is sub.mi '-�ted subject to due acceptance by the Povern- ing body fo the City of Lubbock. Yours truly, (signed) M. 17. T.IcCarty--_ ------- - -- ----- _ 14IcCart,y, Agent for J. F. Ba&Rett, Owner. Accepted by the Governing Body of the City of Lubbock this 19th day of June, 1947. ATTEST: C . A. Bestwick ----------------------- Mayor Lavenia ':`,'illiams City Secretary — — Lotion by Commissioner Spikes, seconded, carried, to accept the fol- lowing proposal of Mrs. Dana L. lerdue for the purchase of the 7,Vest 78 feet of Lot 22 Garland Sub -division of Block 2, Roberts & '14cVlhorter Addition, for right-of-way required for avenue "" Northeast. June 16, 1947 To the City Commission Lubbock, Texas The undersigned are the sole owners of the following, described tracts of land, to -wit: Lot 22 of Garland Sub -division of Block 2, Roberts & 1:cWhorter Addition. We propose and offer to convey by warranty deed to the City of Lubbock the following described Tart of the above described tracts of land, said part being; described as follows, to -wit: West 78 feet of above lot. T7e agree to deliver to City a complete abstract showing merchant- able title in the undersigned and to d my execute and deliver to the City general warranty deed upon acceptance of title by the City, and payment or tender of payment to us by the City, the sum �4`.?1.45. For the additional consideration to be paid by the City of Lubbock in the sum �708.55, we do hereby agree that we will forth■,with remove all fences, buildinvs, structures and other obstructions as nav be found upon said property to be conve7ed, said consideration to be -aid to the persons entitled thereto when such obstructions have been moved, which said mount is the an -reed total damages sustained and/or to be sustained by the undersigned and all other persons having an interest in the above described tracts of land. City to day cost of bringing Abstract up to date. ,abstract to be returned to owner. This proiosal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, (Signed) _T:IrsDana_L__Lg1Jua----- Accepted by the Governing Body of the City of Lubbock, this 19th day of June, 1947. C. A. p,estvrick -------------------------- Mayor ATTEST: Laven_ia :Villiams City Secretary SEAL 1-Totion by Commissioner Spikes, seconded, carried, to accent the follow- ing proposal of Douglas Rurns, Independent Executor, Estate of F. T,I. Burns, Deceased, for the purchase of Lot 17, Block 2, Garland Sub- division of Roberts &- T':cl','horter Addition, for right-of-way required for Avenue "q" Northeast. STATE OF TEXAS I Z KNOW ALL I1N BY THESE -PRESENTS: COUNTY OF LU=BOCK I .Agreement of Seller Subject_to_'eceptance by the_CitZ_ofL _ubbock That I, Douglas Burns, Independent Executor, Estate of F. T.I. Burns, Deceased, here called Seller, and the City of Lubbock, here called City, have this day made the following agree lent to -wit: (1) Seller owns in fee simple the following described real estate situated in Lubbock County, Texas, to -wit: Lot 17, Block 2, Garland Subdivision of Roberts & TIc"shorter :addition to the City of Lubbock, Lubbock County, Texas. and in consideration of the premises Seller hereby sells and agrees to convey to the City of Lubbock, the above described property for the cash consideration V800.00 to be paid by City to Seller unon Seller's full compliance with the following conditions: (2) Seller will immediately deliver to City a complete abstract of title certified to this date by an acceptable abstract company, and to date thereafter required by City, showing 7ood and merchantable title to said property in the Seller. (3) The City shell have a reasonable time to examine said abstract which shall shove such title in Seller free and clear of any and all incum- brances, or to be made so by Seller at Seller's expense within a reason- able time. Seller will permit City to have said abstract examined by its attorney and ul-on demand by City the Seller will make, execute and cbliver to City a good and sufficient deed conveying the aforesaid property to the City of Lubbock with full covenants of general warranty. (4) If title to said property is disclosed by the completed abstract is not shown to be good and valid as aforesaid, then City shall procure and submit to Seller a statement in writing of the objections made to said abstract within a reasona'-)le time and Seller hereby obligates himself ton -ether with his heirs to remove and clear all such objections at the earliest practicable time at Seller's cost and exrense. (5) Should Seller, his heirs or administrators fail or rein to keep and perform the obligations of this agreement, then, and in that event, the City may at its option, do all things necessary or incidental to securing Seller's full compliance with this agreement and any and all costs and expenses of every nature necessary or incidental thereto shall be at the expense of Seller and City is hereby expressly authorized to incur such expenses and deduct the total amount thereof from the agreed purchase price and pay the remainder due thereon to the persons entitled thereto. (6) Seller agrees that this instrument may be recorded and covenants, with due diligence, to Lerform all acts and do all things necessary or incidental to a full performance of the conditions and obligations of this agreement subject to acceptance by the City of Lubbock. This 9th day of June, 1947. (Signed) _Douglas Burns IndeEendent_Executor,_Estate of_F__I?__Bur_ns,._De ceLZLd.___ Seller CITY OF LITRBOCu AT' -"EST : l C__:i . Be s twi c k_—______ f -I,ia,gor Lavenia 1%Ti1118ms City Secretary SEAL Accerted June 19, 1947. STATE OF TEXAS COUNTY OF MITCHELL Before me, Thos. R. Smith, a Notary F ublic in and for said County and St-:te on this day personally appeared Douglas Burns, known to me (or proved to me on the oath of ____) to be the person whose name is subscribed to the foregoing instrument_,_and acknowledged to me that he executed the sane foi the p unrposcs and consideration there- in exnressed.and in the capadity therein stated.' Given 'under my hand and seal of office, this 9th day of June, 1947. (Signed) Thos. R. Smith_ __ ___ NH'ary Iublic, I'itchell SEAL County, Texas I. -lotion by Commissioner Die'-ey, seconded, carried, to accept the following proposal of T. J. Vallas, for the purchase of a portion of Section 79, Block A, Lubbock County, Texas, for right-of-way required for Avenue "A", 6th St reet North. June 17, 1947 To the City Commission Lubbock, Texas The undersigned are the sole owners of the following described tracts of land, to -wit: A portion of Section 79, Block i, Lubbock County, Texas. We propose and offer to convey by warranty deed to the City of Lubbock the following described part of the Bove described tracts of land, said part being described as follows, to -wit: See Exhibit "A" for lands being conveyed to the Citv of Lubbocu as shown by Riaht-of=Vav flap of the City "engineering Department and as STAYED on the ground. agree to deliver to City a complete abstract showing merchantable title in the undersigned and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, and payment or tender of payment to us by the City, the sum $1400.00. For the additional consideration to be paid by the City of Lubbock in the sum Trone, we do hereby agree that we will forthwith remove all fences, buif=nTs, structures and other obstructions as stay be found uron said property to be conveyed, said consideration to be raid to the ,)ersons entitled thereto when such obstructions have been moved, which said amount is the agreed total damages sustained and/or to be sustained by the undersigned and all other persons having an interest in the above described tracts of land. Undersigned ar�rees to furnish Abstract for rurposes of examination of Title, Abstract to be returned to undersigned when Title is approved by the City Attorney. This proposal is submitted subject to due acceptance by the aovern- in,; body of the City of Lubbock. Yours truly, (Sinned) --- T.L_J__VallaB___--- Accented by the Governing Body of the City of Lubbock, this 19th day of June, 1947. C. A Restwick ------------------ 'a,yor ATTEST: Lavenia 'Villiams City Secretary SEAL Motion by Commissioner Dicr-.ey, seconded, carried, to accent the follow- ing proposal of F. H. Willis, for the lurchase of Lots 10 and 11, Block 16, Orig.inal Town and for the removal of the improvements therefrom, for right -of -way - eiuired for Avenue ".,-" and 4th Street. June 9, 1947 To the City Comnission Lubbock, Texas The undersigned are the sole owners of the following described tracts of land, to -wit: Lots 10 and 11, Block 16, Orininal Townsite. We propose and offer to convey by warranty deed to the City of Lubbock the following described part of the above described tracts of land, said cart beinp, described as follows, to -wit: All of above lots We agree to deliver to City a complete abstract showing merchantable title in the undersigned and to duly execute and deliver to the City 7eneral warranty deed upon acceptance of title by the City, and r.ayment or tender of payment to us by the City, the sum ,`)975.00. For the additional consideration to be paid by the City of Lubbock in the sum ., 650.00 , we do hereby agree that we will forthwith remove all fences, buildings, structures and other obstructions as riay be found upon said property to be conveyed, said consideration to be paid to the persons entitled thereto when such obstructions have been moved, Which said amount is the agreed total damages sustained and/or to be sustained by the undersigned and all other persons having, an interest in the above described tracts of land. Undersigned to furnish abstract, City to pav cost of bringing Abstract ux to date. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. (Signed) Yours truly, Frank H. 'Hillis Accepted by the Governing Body of the City of Lubbock, this 19th day of June, 1947. C. A. Bestwick Mayor ATTEST: Lavenia �Jilliams City Secretary SE L Motion b , Commissioner Dickey, seconded, carried, to accept the follow- ing proposal of Mrs. S. I,% McDole, for the purchase of Lot 22, Block 13, Original Town and for the removal of the improvements therefrom, for right-of-way required for Avenue "All 4th Street right-of-way. June 14, 1947 To the City Commission Lubbock, Texas The undersigned are the sole owners of the following described tracts of land, to -wit: Lot 22, Block 13, Original Town of Lubbock, Lubbock County, Texas. '11e propose and offer to convey by warranty deed to the City of Lubbock the following described -art of the above described, tracts of land, slid fart being described as follows, to -wit: All of the above lot. We agree to deliver to City a complete abstract showing; merchant- <able title in the undersigned and to duly execute and deliver to the City general warranty deed upon acceptance of title by the City, and � �I,?�/r; payment or tender of payment to us by the City, the sum ti'487.50. ` For the additional consideration to be paid by the City of Lubbock in the sum of $861.25, we do hereby agree that we will forthwith re- move all fences, buildinc-s, structures and other obstructions as may be fou�id upon said Froperty to be conveyed, said consideration to be paid to the persons entitled thereto when such obstructions have been moved, which said amount is the agreed total damages sustained and/or to be sustained by the undersigned and all other Terosns having an interest in the above described tr°acts of land. The City of Lubbock to ray all exxenses for bringing Abstract u-n to date. This proposal is submitted subject to due acce; tance by the govern- ing body of the City of Lubbock. Yours truly, ( Signed) McDole____ Accepted by the Governing Body of the City of Lubbock, this 19th day of June, 1947. C . A. Bestwick ATTEST: Lavenia Williams City Secretary Seal J !J Notion by Commissioner Spikes, seconded, carried to accept the pro- posal: of the Butler Lumber Corlrany, for the pUraha,�;@ by the City of Lot 13, 14, 15 and 16, Garland Sub -division of Block 2, Roberts & 1.101horter Addition, for right-of-way required for Avenue �', ", 3rd to 4th Street. STATE OF TEXAS Z Z KNOW ALL `EN BY TTI E'SE i RLSE'TTS : COUNTY OF LUBBOCK X Agreement of Seller Subject_ to_Accer-tance_bv the Cit�7 of Lubbock ----------------------- --- y--------------------- That George 'I. Bi.itler and wife _________ here called Celler, and the City of Lubbock, here called City, have this day made the following agreement to -wit: (1) Seller owns in fee simple the following; described real estate situated in Lubbock County, Texas, to -wit: Lots 13, 141 15, and 16, Block 2, Garland Sub -division of Roberts & TIc"Thorter Addition to the City of Lubbock, Lubbock County, Texas. (SEE ATTACHED NOTES FOR 9TEICIAL AGREETENTS) and in consideration of the premises Seller hereby sells and agrees to convey to the City of Lubbock, the above described -property for the cash consideraation w41,500.00 to be raid by the City to Seller upon Seller's full core; liance with the following; conditions: (2) Seller will immediately deliver to City a complete abstract of title certified to this date by an acceptable abstract conipan.y, and to date thereafter required by City, showing good and merchantable title to said property in the Seller. (3) The City shall have a reasonable time to examine said abstract which shall show such title in Seller free and clear of any and all incumbrances, or to be made so by Seller at Seller's expense within a reasonable tine. Seller will permit City to have said abstract ex- amined by its attorney and upon demand by City the Seller will make, execute and deliver to City a good and sufficient deed conveying the aforesaid property to the City of Lubbock with full covenants of general warranty. (4) If title to said property is disclosed b•- the completed ab- stract is not shown to be good and valid as aforesaid, then City shall procure and submit to Seller a statement in writing of the objections made to said abstract within a reasonable time and Seller hereby obligates b.imself-.together with his heirs to remove and clear all such objections at the earliest rracticable time at Seller's cost and exl,ense. (5) Should Seller, his heirs or administrators fail or refuse to keep and perform the obligations of this agreement, then, and in that event, the City may at its option, do all things necessary or incidental to securing Seller's full compliance with this agreement and any ald all costs and expenses of every nature necessary or incidental thereto shall be at the expense of Seller and City is hereby expressly authorized to incur such expenses and deduct the total amount thereof from the agreed purchase price and rav the remainder due thereon to the persons entitled thereto. (6) Seller agrees that this instr,iment may be recorded and covenants, with due diligence to r.erform all acts and do all things necessary or incidental to a full rerforraance of the conditions and obligations of this agreement subject to acce; to nce by the City of Lubbock. This 21 day of Hay, 1947. (Signed) --- GeoW._Butler -- Seller ATTEST: CITY OF LUBBOCK Lavenia Willia::s _ City Secretary 3Y C. A. Bestwick SE AL � � Mayor------------------ � Accerted June 19th, 1947 No further business coming up for consideration, the City Commission recessed to meet June 20, 1947, at 3 o'clock P.M. Read and approved this the 26th day of June , 1947. ATTEST: __ ity Secretary.