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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/22/1948REGULAR MEETING. Lubbock, Texas April 22, 1948. The City Commission of the City of Lubbock, Texas, met -at 1 P.M. in regular session at the regular meeting place in the City Hall, -t-he follov.,ing members thereof being present, to -wit: Mayor W H Rodgers, Commissioners V1 B Price, E. K. Hufstedler, Jr., John Sikes, Clarence K. Whiteside, City attorney Vaughn E. Wilson, City Manager M. R. Smith, Jr., City Secretary Lavenia Williams. Absent: None. The Minutes of regular meeting of April 8, and Recessed regular meeting of April 9, 1948, were read, and upon motion by Commissioner Price, seconded by Commissioner Spikes, carried unanimously, they were approved. The Minutes of Accounts Allowed from ,Tarrant No. C-5630 to Warrant No. C-5969„ both inclusive, were read, and upon motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, they were approved. Bids as follows were read on approximately 135,000 Sq. Yds. of sealcoat and 591000 Sq. Yds. Asphalt surfacing for Streets. Bids being in response to advertisement for bids authorized by City Commission March 29, 1948, and of record at Page 82-84, Minute Book 8. J. R. Fanning 1712 Texas $2250.00 General Cont. Co. Ft. Worth, Texas 5% Kerr & Middleton $2500.00 L. A. Purtell $3500.00 Texas Bitulithic Dallas, `Texas 5% :UANTITY DESCRIPTION UNIT TOTAL 1350039 Seal Coat 0.07 9,452.73 59,511 Quadruple Asphalt 0.57 33,921.27 Surface Treatment (Including finishing exist- ing base.) 590511 Hot Mix Asphaltic ---- --------- Concrete (including finishing existing base.) 59,511 Quadruple Asphalt 0.51 30,350.61 Surface Treatment (on Finish- ed base.) 59,511 Hot Mix Asphaltic Concrete (on flrf'ished base.) ----- ---------- 13,000 OA-230 Asphalt 0.15 150.00 0.145 199580.66 0.90 539599.90 (Quantities & Description as above) _____ ----- --------- 0.22 0.084 11,343.28 0.645 38,384.59 Q.59 35,111.49 0.16 0.073 9,857.85 0.60 359706.60 0.52 309945.72 0.14 0.13 170555.07 0.67 39,872.37 0.58 34,51638 0.12 Motion by Commissioner Spikes, seconded by Commissioner Price, carried unanimously, that the contract be awarded to J. R. Fanning and that the Mayor be hereby authorized to enter into contract for this work. Bids were also requested on approximately 80 (eighty) blocks of street paving to be opened and considered on this date, and no bids were received on this project. Motion by Commissioner Whiteside, seconded by Commissioner Hufatedler, carried unanimously, the following Resolution was passed. RESOLUTION BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: THAT, whereas Marlin R. Smith, Jr. was employed as City Manager shortly before the three new members of the City Commission were elected _and qualified; that such members, together with the two hold -over members of the City Commission, desire to go on record giving Mr. Smith a unanimous vote of confidence in connection with his employment as City Manager. Passed and approved by unanimous vote of the City Commission this the 22nd day of April, 1948. W. H. Rodgers_ Mayor ATTEST: Lavenia Williams Cit- y Secretary (Seal) Motion by Commissioner Spikes, seconded by Commissioner Whiteside, carried unanimously, Ordinance No. 868 passed second and final reading. ORDINANCE NO. 868 AN ORDINANCE GRANTING TO TH.E PECOS AND NORTHERN TENS RAILWAY COMFANY, A CORPORATION, AND ITS LESSEE, THE PANHANDLE AND SANTA FE RAILWAY COM/1PANY, A CORPORAT7 AND THEIR SUCCESSORS AND ASSIGNS, HERE CALLED RAILROADS, THE RIGHT, POWER AND.PRI- VILEGE OF LOCATING, BUILDING, ERECTING, CONSTRUCTING AND PROPERLY MAINTAINING A RAILROAD INDUSTRY TRACK ACROSS, AND TO INTERSECT, THE ALLEY RUNNING NORTH AND SOUTH THROUGH BLOCK 10, MERRILLS AD'7ITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AT A POINT APPROXIMATELY TWO HUNDRED FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID BLOCK TEN, AFORESAID, AND, OF LOCATING BUILDING, ERECTING, CONSTRUCTING AND PRO- PERLY MAINTAINING A RAILROAD INDUSTRY TRACK ACROSS, AND TO INTERSECT AVENUE E, EN- TERING SAID AVENUE E ON THE WEST OF SAID AVENUE, AT A POINT APPROXIMATELY ONE IMN- DRED NINETY-THREE FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID BLOCK 10, AFORESAID AND CONTINUING ACROSS SAID AVENUE E IN A NORTHEASTERLY DIRECTION: TO OPERATE EN- GINES, CARS AND TRAINS THEREON, AND OVER SAID TRACK; AND LOCATING, BUILDING, ERECT- ING, CONSTRUCTING AND PROPERLY MAINTAINING A RAILROAD INDUSTRY TURNOUT TRACK ACROSS AND TO INTERSECT AVENUE E, AFORESAID, THIS INDUSTRY TURNOUT TRACK TO TIE INTO AND TO CONNECT 141ITH THE ABOVE DESCRIBED TRACK THAT CROSSES AVENUE E, AND TO -EXTEND ACROSS AVENUE E IN AN EASTWARD DIRECTION ACROSS AVENUE E, AND SERVING THE.LUTHER WAREHOUSE AND STORAGE COMPANY, AND TO OPERATE ENGINES, CARS AND TRAINS THEREON AND OVER SAID TRACK; REQUIRING SAID RAILROADS, THEIR SUCCESSORS, AND ASSIGNS BY ACCEPTANCE HEREOF, TO CONSTRUCT, MAINTAIN AND OPERATE SAID TRACKS AFORESAID, TO- GETHER WITH NECESSARY APPLIANCES INCIDENT THERETO, SO AS TO CONFORM TO GRADE OF SAID ALLEY AND AVENTJE TO BE ESTABLISHED BY THE CITY ENGINEER, AND IN SUCH MANNER AS TO INTERFERE AS LITTLE AS POSSIBLE WITH USE AND ENJOYMENT, INGRESS AND EGRESS OF ABUTTING PREMISES BY OWNERS AND OTHER LAWFUL OCCUPANTS THEREOF, AND TO FAY COSTS OF PAVING SPACE OCCUPIED BY THE SAID TRACKS, IF SAID ALLEY OR AVENUE SHOUDL BE PAV- ED, AND VILL OPERATE SAID TRACKS AND OTHER FACILITIES IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND ORDINANCES AND RESOLUTIONS OF THE CITY OF LUBBOCK IN SUCH CASES MADE AND PROVIDED; PROVIDING THAT THE CITY OF LUBBOCK SHALL NOT BE LIAB TO ANY PERSON FOR D:LI&GES DONE OR PROPERTY TAKEN ON ACCOUNT OF THIS GRANT AND THAT THE GRANTEE HEREOF SHALL REIMBURSE THE CITY OF LUBBOCK AND SAVE IT HARMLESS FROM ALL CLAIMS ARISING ON ACCOUNT OF SUCH GRANT. Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, Ordinance No. 869 passed second and final reading. ORDINANCE NO. __869 AN ORDINANCE REPEALING ORDINANCES NO. 834 AND 8509 OF THE CITY OF LUBBOCK, TEXAS WHEREAS, the Grantees in Ordinance No. 834,vas through error written in said ordinance to be South Plains and Santa Fe Railway Company, a corporation and its lessee the Panhandle and Santa Fe Railway Company, a corporation, when same should have been and was intended to be a grant of such privileges to The Pecos and Norther ON, An Texas Railway Company, a corporation and its lessee The Panhandle and Sata Fe Railway Company, a corporation and its successors and assigns, and, WHEREAS, The Grantees in Ordinance No. 850, was through error written in said ordinance No. 850, same being an ordinance amending ordinance No. 8349 was through error written in said ordinance to be The Pecos and North Texas Railway Company, a corporation, its successors and assigns, when same should have been and was intended to be a grant of such privileges to The Pecos and Northern Texas Railway Company and its lessee The Panhandle and Santa Fe Railway Company, a corporation, and its successors and assigns, and; WHEREAS, by reason of the error in the names of the Grantees in the above Ordinances No. 834 and 850, the intended Grantees, to -wit, The Pecos and Northern Texas Railway Company, a corporation and its lessee The Panhandle and Santa Fe Railway Company, a corporation and its successors and assigns, have and did refuse to accept said ordinances and the provisions thereof, and, WHEREAS, by reason of the errors in the Grantees names in the above and fore- going ordinances and for the further reason that the intended Grantees, to -wit, The Pecos and Northern Texas Railway Company, a corporation and its lessee The Panhandle and Santa Fe Railway Company, a corporation, and its successors and assigns, having refused to accept said ordinance aforesaid, and the pro- visions thereof, it is deemed necessary by the. City Commission that said ordinances be repealed; THEREFORE, BE IT ORDAINED BY THE CITY COMIGIISSION OF THE CITY OF LUBBOCK: THAT, Ordinances No. 834 and 850, Be, and are hereby repealed. AND IT IS SO ORDERED. Passed and approved first reading by unanimous vote of the City Commission this 9 _day ofApril1948. Passed and approved second reading by unanimous vote of the City Commission this 22 __day ofw_April____, 1948. `V. H. Rodgers____ Mayor ATTEST: Lavenia Williams Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, Ordinance no. 871 passed first reading. ORDINANCE NO. 871 AN ORDINANCE A14ENDING ORDINANCE NO. 5649 BY ADDING SECTION 23 (p), SO AS TO -PROVIDE "R THE INSTALLATION, OPERATION AND MAINTENANCE OF MECHANICAL MV ICES 'M RMM•mTt -PAR= nT A TWM= ( to) M-MM N&TM 1P 7.ONE ; PRO- VIDING FOR THE AFPLICATION OF ALL PROVISIONS -OF ORDINANCE NO. 564, TO SAID PARKING METER ZONE; FIXING PENALTIES FOR VIOLATION OF THE IROVISIONS OF THIS ORDINANCE AND REPEALING THE PROVISIONS OF ANY ORDINANCE REGULATING THE TIME LIMIT OF PARKING ON THE WEST SIDE OF TEXAS AVENUE BETWEEN BROADWAY AND THE ALLEY ABUTTING THE CITIZENS NATIONAL BANK BUILDING ON THE SOUTH. Motion by Commissioner Price, seconded by Commissioner Spikes, carried unanimously, to authorize renewal of appointment of Dr. 1. W. Rollo as City Health Officer, for two (2) year period from Sept. 19, 1947 to Sept. 19, 1949, 1gotion by Commissioner Spikes, seconded by Commissioner Whiteside, carried unanimously, to authorize increase in salary of $15.00 each, of Mr. & Mrs. I E Banks, caretakers of the Old Folks Home, effective April 1, 1948. This salary being paid t hru the City -County Welfare Assn. The County Commissioners Court having authorized such increase in their meeting of March 22, 1948. Motion by Commissioner Whiteside, seconded by Commissioner Spikes, carried unanimously, to authorize two -car loading zone at 1211 Main Street, for Brooks McKenzie Wholesale Dry Goods. This to be only a -temporary grant until the Masonic Building, which is now under construction, is completed. Motion by Commissioner Price, seconded by Commissioner -Spikes, carried unanimously, the following. Resolution was passed. RESOLUTION BE IT KNOWN the on this the 22 day of April 1948, at a regular meeting of the City Commission of the City of Lubbock, Texas, there came on to be considered the matter of the execution of a license between the said city of Lubbock, Texas, and Panhandle and Santa Fe Railway Company relating to power line crossings over Railway Company's track at Mile Post 2 plus 2352.4 feet, and Mile Post 3 plus 2882.4 feet, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that W H Rodgers, Mayor, be authorized and empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. This being power Line License Agreement with the Panhandle & Santa Fe. Ry. Company for power line crossing for water welftine, West line of Survey 5, Block "A", and the West Line of Survey S, Block "A", Lubbock County, Texas. (Power Line crossing Santa Fe tracks on old Idalm Highway, East of Purina Mills and being power line to new Northeast well field area) Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, the following Resolution was passed. RESOLUTION RESOLUTION PASSED BY THE CITY COIQJISSION OF THE CITY OF LUBBOCK ON THE 22ND DAY OF APRIL, 1948. WHEREAS, the Citizens National Bank of Lubbock, Texas, has agreed to continue as depository and to receipt properly, properly keep and ae mnt for City funds and to secure the same with collateral as made and $rovided under the laws of the State of Texas, and permit the City to dispose of fiche collateral on default; providing f contingency of there being enacted a st�te law requiring a depository to interesti declaring an emergency on account of inability to secure a bid properly secure the funds; ' FORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TE S: THAT, the offer of the Citizens National Bank of Lubbock, Texas, to receive and a000unt for all funds of the City, said Bank to accept nogolable items subject to collection through the regular channels; to pay all lawfully issued demands on said funds, within the credit of the City on deposit, to keep the funds separate and to render statements as often as required, and to deposit wi the City lawfully issued security admissable under the laws of the State of Texas with the right of the City to require at all times such security to be equal in market value to the funds on deposit with said Bank; and the further right of the City to dispose of said collateral security to recover itself for any unpaid and unearned demands on it, be and the same are hereby accepted. That the foregoing agreement of a deposit and security shall be effective from this date for a period and ending the 27th day of April, 1950. Provided should there be enacted during the life of this resolution a law requiring payment of interest on daily balances the City shall receive the minimum rate during the remainder of the term. Passed and approved this the 22nd day of April, 1948. ..Rodgers Mayor ATTEST: Lavenia Williams City Secretary Motion by Commissioner Price, seconded by Commissioner Spikes, carried unanimously, the following Resolution was passed. RESOLUTION BE IT RESOLVED BY THE CITY C011MISSION OF THE CITY OF LUBBOCK: THAT, when contracts relating to individual paving units have been submitted to and approved by the City Attorney as to form, and no Homestead question is involved on property not covered by a contract, said unit shall be passed directly to the Engineeripg Department for paving at the earliest practicable time. Passed by unanimous vote of the City Commission this the 22nd Day of April, 1948. W H Rodgers__________ �`--Mayor^ TTEST : Lavenia Williams City Secretary There was discussion of suit brought against the City by Jno. Frances Brown 1 and others. Letter was read from Burks and McNeil, Attorneys for Mr. Brown, offering settlement in the case in the amount of $2,000.00. The offer was rejected. Motion by Commissioner Spikes, seconded by Commissioner Hufstedler-, carried unanimously, to reject request for sttiop sigh at North 3rd Street.& Aftms Avenue. This in accordance with recommendation of the Police Dept. 14Qtiou by Commissioner Sikes, seconded by Commissioner Hufstedler, carried unanimously, to reject request for Parking Zone at 2222 Avenue H, this in accordance with recommendation of the Police Dept. Bids as follows were read on Two winches, one for the Electric and one for the Water -Department. Hobbs Manufacturing Company - 2-M-9-18 B Braden Winches - $574.40 Commercial Truck Co., Ltd., - 2-Model 23 Tulsa Winches - 564.97 Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried unanimously, that the bid of Commercial Truck Oo. be accepted for purchase of these winches. Motion by Commissioner Spikes, seconded by Commissioner Hufstedler, carried unanimously, to authorize placing of eight (8) foot corner curb return at 32nd Street and Avenue "H", Earl Ince property. The following Resolution being Passed. RESOLUTION L WHEREAS, on March 29, 1948, the City Commission, by resolution, determined that a corner curb return be placed at the Southwest corner of the intersection of Avenue "H" and 32nd Street, the same being needed for stop signs and other utility purposes, and adequate therefor; THEREFORE, BE IT RESOLVED BY THE CITY COIVISSION OF THE CITY OF LUBBOCK: THAT, the City Commission here now deems that a corner curb return at such Southwest corner of the intersection and laid as follows is adequate: The curb return shall begin at the intersection of the South curb line of 32nd Street with the West Property line of Avenue "h" and extend East and Southeast a distance not exceeding eight (81) feet. The City Engineer is directed to comply with the foregoing provision when the Judge of the 99th District Court in Cause No. 15551, styled Earl Ince, Jr., et al, vs. City of Lubbock, has disolved the temporary restraining order therein pending. Passed and approved by unamious vote of the City Commission this 22nd day of April, 1948. W H Rodgers Mayor ATTEST: Lavenia Williams City Secretary There was discussion of curb removal and angle parking on 19th Street, from Vetdt Avenue to College Avenue, and the City Manager was authorized to make recommendation to the City Commission in this regard by ordinance. Motion by Commissioner Hufstedler, seconded by Commissioner Spikes, carried unanimously, to appoint W. C. Wood and Raymnd Burford as members of the Board of City Development to fill the unexpired term of S. L. Forrest, deceased, and E. K. Hufstedler, Jr., resigned. Said terms to expire January 15, 1952. Motion by Commissioner Hufstedler, seconded bN7 Commissioner Price, carried unanimously, to appoint R. L. Stewart as member of the Water Resources Board, to fill the unexpired term of S. L. Forrest, deceased. Said term t� expire Sept. 23, 1950. Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried (See formal unanimously, to appoint W. B. (Dub) Rushing�as a member of the Housing Appointment" Authority of the City of Lubbock, to fill the unexpired term of Sam of record at Rosenthal, deceased. Said term ending Dec. 27, 1948. page 108 th's minute book There was discussion regarding interpretation of Section 4401 of the Building Code relative to temporary use of streets during construction of buildings, and the City Manager was instructed to present amendment to the building code ordinance for passage by the City Commission in order to clarify this section of the building code ordinance. Vernice Ford, member of the Recreation Council, appeared before the City Commission requesting that the City Commission authorize purchase, by the Recreation Dept., of a 16 M M Movie Projector with Microphone and _Record_. PlaTeralso requested that every effort be made to o pro; erly I/ chlorinate the municipal swimming pool water the coming summer season. Motion by Commissioner Spikes, seconded by Commissioner Price, carried unanimously, to authorize purchase of the 16 M. M. Movie Projector with Microphone and Record Player, for use by the Recreation Department; purchase to be made from Sound Phote Equipment Company for a abnsideration of $541.53. One other bid having been received from R. & R Parts and Supply Company, in the amount of $589.65. The matter of chlorination of the Municipal Swimming Pool was discussed and taken under advisement. Motion by COMMisSiaiier Spikes, seconded by Commissioner Hufstedler, carried unanimously, to accept the following proposal of Victor M. Voegeli in connection with securing right of way for Avenue '"A", 6th Strreet Northb the Mayor being hereby authorized to execute deed to the property to be sold to Mr. Voegeli as set out in the proposal. THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: Agreement of Seller SubJect_to Acceptance by the City of Lubbock That Victor M. Voegeli , here called Seller., anal the City of Lubbock, here called City have this day k- e the following agreement, to -wit: (1) Seller owns in fee simple the following described real estate situated in Lubbock County, Texas, to -wit: All of Lot 15, Block 1, Parkview Addition to the City of Lubbock, and agrees to convey to the City of Lubbock that part described as follows: r Beginning at a point in the North property line of Lot 15, aforesaid; said point being a distance of 23.10 feet West of the Northeast corner of Lot 15, afore Thence East a distance of 2310 feet to the Northeast corner of Lot 15, aforesaid; Thence South along the East property line afLot 15, aforesaid, to a point; said point being a distance of 38.18 feet South of the Northeast corner of Lot 15, aforesaid; Thence Northwesterly along the West Right -of -Way property line of proem ed Avenue A 6th Street North, a distance of 44.62 feet to the point of beginning a total of 440.98 square feet. and in consideration of the premises Seller hereby sells and agrees to convey to the city of Lubbock, the above described property for the cast `consideration of $1.00 & other consideration to be paid by City to Seller upon Seller's full compliance with the following conditions: (2) Seller will immediately deliver, for examination, to City a complete abstract of title certified to this date by an acceptable abstract company, 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 time. Seller will permit City to have said abstract examined 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 by the completed abstract is not shown to be good and valid as aforesaid, then City shall procure an submit to Seller a statement in writing of the objections made to said abstract within a reasonable time and Seller hereby obligates himself together with Hs heirs to remove and clear all such objections at the earliest practicable time at Seller's cost and expense. (5) Should Seller, his heirs or administrators fail or refuse to keep and perform the obligations of thisagreement, then, and in that event, the City may at its option, do all things necessary or incidental to securin 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 entitle thereto. (6) Seller agrees that this instrument may be recorded and covenants, wih due diligence, to perform all acts anddo 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. The above and foregoing proposal is made subject to the Cit;7 of Lubbock, a Home Rule Municipal Corporation conveying to the said Seller, aforesaid the following described property, to -wit: That portion of Lot 16, Block 1, Parkview Addition to the City of Lubbock, Lubbock County, Texas, described as follows: Beginning at a point in the West property line of Lot 16, aforesaid, said point being a distance of 38.18 feet South of the Northwest corner of said Lot 16; Thence South along the West property line of Lot 16, aforesaid to the Southwest corner of said Lot 16, a distance of 81.82 feet; Thence East along the South property line of said Lot 16 to the Southeast corner of said Lot 16, a distance of 49.5 feet; Thence Northwesterly along the West Right -of -Way line of Avenue A 6th Street North a distance of 95.62 feet to the point of beginning, a total of 2025 square feet. For and in conside3at ion of $1.00 & other considerations and in full and final settlement of all damages incurred or to be incurred by reason of the construc- tion of a Highway along, over, across and in the property conveyed by Seller to said City of Lubbock and in full and final settlement incurred and to be incurred to the abutting property of said Seller to said Highway, aforesaid. d; _.6. It is further understood that under Seller conveying a general Warranty Deed the first above described property to the said City of Lubbock the said City of Lubbock will convey to seller the second above described property to the Seller for the above consideration. This 9th day of Alril, 1948. ATTEST: Laveaia Williams -"CTty ecreeTary wVictor _M__V_e.G_li _ _7 e l le r'_^rT CITY OF LUBBOCK BY W H RODGERS Mayor Accepted April 22. 1948 Motion by Commissioner Price, seconded by Commissioner Hufstedler, carried unanimously, to authorize the City Right-of-way Agent, Mr. Dvoracek,_ to offer B. B. Baron the sum of $6,000.000 for 15t (fifteen Ft.) strip off of Lots 15 and 16 in Block 125, Original Town of Lubbock. This being in order to clear right-of-way for Avenue "A", Broadway North. Mr. Baron to bear all the expense of moving any improvements off property. The matter of drilling additional water wells in the Northwest area to be connected into the 3rd Street and College Avenue reservoir and pump station was discussed and it was the unanimous opinion of the City Commission that every effort should be made to increase the supply of water into this station at the earliest date possible. Motion by Commissioner Spikes, seconded by Commissioner Hufstedler, carried unanimously, t9 accept the following proposal of Victor M. Voegeli for purchase of a part of Lot 6, Block, 1, Parkview Addition, Lubbock, Texas, consideration "47.94., and the Mayor is hereby authorized to execute deed. April 9, 1948 To the Gity Commission Lubbock, Texas The undersigned wishes to purchase from the City of Lubbock the following described property: That portion of Lot 6, Block 1, Parkview Addition to the. City of Lubbock, Lubbock County, Texas now owned by the City and not needed for the Avenue "A" - 6th Street North Right -of - Way and described by metes and bounds as follows: Beginning at the Southwest corner of Lot 61, aforesaid; Thence East a distance of 17.03 feet; Thence North 310 101 West along the West Right -of -Way line of Avenue "All a distance of approximately 32.91 feet; Thence South along the West property line of Lot 6, afore- said a distance of 28.15 feet to the place of beginning, containing approximately 239.70 square feet for which the undersigned agrees to pay the sum of $47.94. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours very truly, Victor M. Voegeli__ BE IT RESOLVED BY THE CITY COrJIlVIISSION OF THE CITY OF LUBBOCK, that the foregoing proposal BE, and it is hereby accepted April 22,_1948. W H Rodgers Mayor ATTEST: Lavenia Williams Uity Secretary Motion by Commissioner Price, seconded by Commissioner Spikes, carried unanimously, to accept the following proposal of Joe Telford, for securing right of way for Avenue "A", Broadway, north. Consideration being $23,500.00. F April 27, 1948 To the City Commission Lubbock, Texas The undersigned are the sole owners of the following described tracts of land, to -wit: App. 184- acres out of Survey 79, Block A, 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: All that ; art of the above lying East of the West R-A-W_line of the new Ave. A 6th Street north Highway, consisting of App. 10.72 acres. We 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 22 500.000. For the additional consideration to be paid by the City of Lubbock in the sum 11,�000.00, we do hereby agree that we will forthwith remove all fences, %IULgI!mgsf structures and other obstructions as may be found upon said property to be conveyed, said consideration to be paid to the persons entitled thereto Urneil 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. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, Joe Telford Accepted by the Governing Body of the City of Lubbock, this 22 day of April _1948. W H Rod er Mayor i ATTEST: Lavenia Williams CITY ne6rgrg?7, Motion by Commissioner Spikes, seconded by Commissioner Hufstedler, carried unanimously, to accept the following proposal of M. D. Scott for secdring right-of-way for Avenue "A", 6th Street North. THE STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: Agreement of Seller Subject to Acceptance by the City of_Lubbock That, M. D. Scott and wife Anna L. Scott __L here called Seller, and the City of Luu-bbock hand- ere caed 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: All of Lot 3, Block 23, Parkview Addition to the City of Lubbock, and agrees to cc)nvey t the City of Lubbock that part described as follows: Beginning at the Northeastcornerof said Lot 3; Thence jouth along the East line of said Lot 3 20.04 feet for the Southeast corner of this tract; Thence North 310 50' West 23.55 feet to the North property line of said Lot 3 for the Northwest corner ,of this tract; Thence East along the North line CC said Lot 3 12.37 feet to the p'.ace of beginning a total of 123.95 square feet. and in consideration of the premises Seller hereby sells and agrees to convey to the City of Lubbock the above described property for iie cash consideration of .$5.00 to be paid by the City to Seller upon Seller's full compliance with the following complete abstract of title certified to this dte by an acceAable abstract company, and to date thereafter required by City, shoN ing good and merchantable title t,-, said roperty in the Seller. (3) The City shall have a reasonable time tr) examine said abstract which shay show such title in Seller free and clew of 7ny and all incumbrances, or to be made so by Seller at Seller's expense within a reasonable time. Seller will permit City to have said abstract examined by its attorney and upon demand by City the Seller will make, execute and deliver to City a good and sufficient deed conveying the aforesaid property to the City of Lubbock with full covenants of general warranty. f� Ili M (4) If title to said Froperty C$s 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 v-riting of the objections made to said abstract within a reasonable time and Seller hereby obligates himself together with his heirs to remove and clear all such objections at the earliest-racticable time at Seller's cost and expense. (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 and all cost and expenses of every nature necessary or incidental thereto shall be at the expense of Seller ant City Js 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 entitle thereto. (6) Seller agrees that this instrument may be recorded and covenants, with due diligence, to perform 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. The above and foregoing proposal is made subject to the City of Lubbock, a Home Rule Municipal Corporation conveying to the said Seller, afore- said the following described property, to -wit: That portion of Lot 2, Block 2, Parkview Addition to the City of Lubbock, Lubbock County, Texas described by metes and bounds as follows: Beginning at the Southwest corner of said Lot 2; Thence East along the South line of said Lot 2 35.77 feet for the Southeast corner of this tract; Thence North 310 50' West 68.10 feet to the West pro- perty line of said Lot 2 for the Northwest corner of this tract; Thence South along the West line of said Lot 2 57.96 feet to the Southwest corner of said Lot 2, and the place of beginning a total of 1036.61 square feet. For and in consideration of_15.00 , and in full and final settlement of all damages incurred or to be incurred by reason of the construction of a Highway along, over, across and in the property conveyed by Seller to said City of Lubbock and in full and final settlement incurred and to be incurred to the abutting property of said Seller to said Highway, aforesaid. It is further understood that upon Seller ,conveying by general Warranty Deed the first above described property to the said City of Lubbock the said City of Lubbock will convey to Seller the second above described property to theSeller for the above consideration. This 17 day of April , 1948. ATTEST: Lavenia Williams_ City Secretary M. D. Scott �Anna L. Scott_ Seller CITY OF LUBBOCK BY: W H Rodgers Mayor Accepted April 22,__, 1948. Motion by Commissioner trice, seconded by Commissioner Hufstedler, carried unanimously, to accept the following rroposal of B. B. .Baron for securing right of way for Avenue "A". April 28, 1948 To the City Commission Lubbock, 'Texas The undersigned are the sole owners of the following described tracts of land, to -wit: All of Lots 15 and 16, Block 125, Original gown of Lubbock, Lubbock County, Texas We propose and offer to convev 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: East 15 feet of Lots 15 and 16, Block 1251, Original Town of Lubbock, Lubbock County, Texas. We 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 payc�ent or tender of payment to us by the city, the sum �4000.00 . For the additional consideration to be paid by the City of Lubbock in the sum §2000.00 , we do hereby agree that we will forthwith remove all fences, buildings, structures and other obstructions as may be found upon said pro- perty 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. This proposal is submitted subject to due acceptance by the governing body of the city of Lubbock. tours truly, B. B. Baron By R. D. Holmes Accepted by the Governing Body of the City of Lubbock, this 22 day of April , 1948. W H Rodgers _ Mayor ATTEST: Lavenia Williams City Secretary Motion by Commissioner Price, seconded b; Commissioner Hufstedler, carried mously, the following Resolution was passed: APPOINTMENT OF COMMISSIONERS OF THE HOUSING AUTHORITY CITY OF LUBBOCK BY THE MAYOR OF THE CITY OF LUBBOCK. unani- OF THE Pursuant to the Provisions of Section 5 of the Housing Authorities Law of the State of Texas, approved on the 3rd day of November, 1937, and by virtue of my office as btayor of the City of Lubbock, Texas: I hereby appoint the person hereinafter named to serve as commissioner of the Housing Authority of the City of Li4bock, Texas, and to serve for the number of years appearing after the name, respectively, from this date. W.B. ( Dub) hushing - unexpired term of Sam Rosenthal, Deceased. Term to expire Dec. 27, 1948. �fi witness whereof, I hereunto signed my name as Mayor of the City of Lubbock, Texas, to be attested by the City Secretary and attached hereto this April 22, 1948.;, ATTEST: Lavenia Williams City Secretary _ W H Rodgers Mayor `J n �J IJ No further business coming up for consideration, the City Commission recessed to meet April 29, 1948, at 1:30 P.M. Read and approved tfiis the ATTEST: City Se retary . 13 d ay of May , 1948.