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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/14/1950REGULAR. MEETING Lubbock, Texas 'December 14, 1950 The City Commission of the City of Lubbock, Texas, met at 1:30 P'.M. in regular session at the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Pro-tem Harry liorris, Lucian Thomas, E. K. Hufstedler, L. E. Davis, City Attorney Vaughn E. Wilson, City Manager Steve Matthews, City Secretary Lavenia Lowe. Absent: Mayor Clarence K. Whiteside. Commissioner Harry Morris acted as Mayor Pro-tem in absence of Mayor Whiteside. Motion by Commissioner Hufstedler, seconded by Commissioner Davis, that Ordinance No. 1042 be passed on second and final reading. This motion carried by the following vote: Commissioners Hufstedler, Davis and Thomas and Mayor Pro-tem Harry Mol-ris voting YEA None voting NAY ORDINATCE NO. 1042 S AN ORDINANCE CLOSING AND ABANDONING A PORTION OF COLLEGE AVENUE LYING WEST OF AND ABUTTING LOT 12 BLOCK 2 OF THE CROUCH SUBDIVISION OF ROMUS AND MCWHORTER ADDITION MORE PARTICULARLY DFSCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER. OF LOT 12, BLOCK 2 OF THE CROUCH SUBDIVISIOU OF THE ROBERTS AND MCWHORTER ADDITION TO THE CITY 17 LUBBOCK, LUBBOCK COUNTY,, TEXAS; THENCE WEST 22.99 FEET; THENCE, NORTHEAST A DISTANCE OF 127.E7 FEET TO A POINT IN A PROJECTION OF THE NORTH LINE OF SAID BLOCK 2, SAID POINT BEING' 13.14 FEET WEST, OF THE NOUTHWEST CORNER, OF SAID LOT 12, BLOCK 2 OF THE CROUCH SUBDIVISION; THENCE EAST 13.14 FEET TO THE NORTHEESY CORNER OF THE SAID LOT 12;'THENCE, SOUTH 127.5 FEET ALONG THE WEST PRQPERTY LINg OF THE SAID LOT 12 TO THE PLACE OF BEGINNING; AND DIRECT- ING THE TAX ASSESSOR AND COLLECTOR TO DESIGNATE TI-M SAID TRACT OF, LAND BY AN OUT LOT NUM- BER FOR TAXATION PURPOSES. Motion was made by Commissioner Hufstedler, seconded by Commissioner Davis; that Southwestern Norcam, Dallas, Texas, be employed at a price of $110,00 per day to clean sanitary sewers as designated by the City Engineering Department. They to furni* all needed equipment and a superintendent for this work. The Mayor being hereby authorized to enter into contract. This motion carried by the following vote: Mayor Pro-tem Larry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA. None voting NAy Motion iwas made by Commissioner Hufstedler, seconded by Commissioner Davis, to authorize transfer of $1500.00 from Account 35 A-4 (Salaries) and $1,000.00 from Account 35-G-1 (Gra- tuities) to Account 35-D-4 (Maintenance of Sewer Lines). This motion carried by the follow- ing vote: Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA. None voting; NAY. Claim was read from Delbert Peveytoe, of 923 32nd Street, in the amount of $25,20, being the estimated value of scrap lumber, which was xempved by the City garbage collector from the alley back of Mr. Peveytoe's property. The Garbage truck driver, Mr. C. E. Martin, stating that the lumber was in short pieces, broken warped, worm eaten, rottep and in general, unservicable, and that it had been stacked in the alley for several months, con- stituting a rat harbor. After discussion, motion was made by Commissioner Hufstedler.,- that the claim be disallowed. This motion died for want of a second. Motion was then made by Commissioner Davis, seconded by Commissioner Thomas, to pay Mr. Peveytoe Ten ($10.00) D611ars as full settlement farthis claim. This motion carried by the following vote: Mayor Pro-tem Harry Morris, Commissioners Davis and Thomas voting YEA. Commissioner Hufstedler, voting -NAY. Request was received from T. A. Hulin that the area between 42nd and 50th Street and between Elgin and Flint Avenues, be annexed into the City Limits. The areas being about 650 feet wide by about ono -half mile long. Mr. Hulin stating that he woujd be willing to donate the water rights and three (3) water well sites, if the area is annexed into the City Limits in the m ar future. There was no action taken in this regard. There was discussioncf establishing a policy with reference to removal of curb and angle parking on City Streets between the curb line and the street right-of-way line, and it was unanimously agreed that this matter be referred to the Citizens' Traffic Commission for consideration and reopmmendation. No curbs to be knocked out or left down for the purpose of angle parking or for any other purpose except for ingress and egress to private property until the Citizens' Traffic Com- mission has had an opportunity to review this problem and make recommendations. Request was received from Dr. Day for head -in parking on 34th Street at Avenue V. It was unanimously agreed that this request be referred to the Citizens' Traffic Commission for consideration and recommendation. There was discussion of greater width pavement and more lanes of traffic being necessary to properly handle traffic and prevent congestion at major intersections, and motion was made by Commissioner Davis, seconded by Commissioner Thomas, that the following Policy be adopted: On the Highway Dispersal System and on other major thoroughfares, every effort be made to acquire extra width right-of-way at the major inter- sections, to provide room for wider pavement and morelanes. This motion carried by the following vote: Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis andThomas voting Yea. None voting Nay. The State Highway Department having agreed to the above plan, and state they will construct the wider pavement if the City is able to acquire the right-of-way. The extra width, in no case, to be more than 15 feet, being 7 1/2 feet on each side of the street or avenue. Motion by Commissioner Hufstedler, seconded by Commissioner Thomas, to approv� construction of islands at the following locatio��sA$ Jt fide of College Avenue, at an estimated cost of1529.32. Such islands o e use y pe es rians in crossing the street. Curbs to be constructed around the radius of the islands: North side of g th St. - Cosden filing station South side Sth Street - Parking lot North side of 9th Street - Lowrimore Service Station South side of loth Street - Tower Cafe North side of Main Street - Magnolia Service Station South side of Main Street - Tech Drug North side of Broadway - Mark Halsey Drug Notth side of 13th Street - Tech Theatre South side of 13th Street - Brown Shoe Shop North side of 14th Street - Co-op Drug Store South side of 16th Street - Texaco Filling Station This motion carried by the following vote: Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA. None voting NAY. Motion by Commissioner Davis, seconded by Commissioner Hufstedler, to approve general plan " for widening 19th Street at the intersection of College Avenue and 19th Street, at an estimated cost of $3,800.00. This motion carried by the following vote: Mayor Pro-tem Harry Morris, Commissioners Hufstedler, Davis and Thomas voting YEA. None voting NAY. Bids as follows were read on construction of office building for the Park aryl Recreation Departments. Building to be located just west of the old Country Club House at 407 East Broadway. Base Bid Completion time - (Days) W. B. Abbott,,Jr. $15,925.00 100 T. J. Davis 14,890.00 64 Hester Construction Co. 16,444.00 150 No'blitt & Noblitt 16,979.00 130 These bids were taken under consideration. Motion by Commissioner Thomas, seconded by Commissioner Hufstedler, ttight-of-way accept proposal of Clyde Tatum of Economy Mills in connection with the City securing for Avenue A. The cation carried by the following vote: Mayor Pro -tern Harry P:orris, Commissioners Hufstedler, Davis and Thomas voting Y,EA. None voting NAY. The proposal follows: To the City Commission 11-30-50 Lubbock, Texas The undersigned, being the owners of the property herein described hereby make the following proposal and offer tb- the City of Lubbock with respect to Right -of -Way required for Avenue A Underpass, said property being 90 x 40 foot warehouse located corner Avenue A and 15th St. for the amount of $5,768.00. This building to be turned over to the City of Lubbock August 1, 1951. The present dwners to get salvage. This building is now full of milo which has been sold for delivery April, May, June and July 1951 buyers option. We fzrther propose that should this milo have to be moved before August 1, 1951 the City ofLubbock to pay the Economy Mills 3¢ per cwt per month for any portion left in the warehouse plus 5¢ per hundred pound same to pay charges for moving to other storage from date of moving until August 1, 1951. This being the regular storage charges for grain and for which the buyers of this grain are now paying. There is now 1,463,000 lbs. of Milo in this building and at 30 per cwt per month the revenue is now $438.90 per month. This Proposal �,s submitted subject t4 due acceptance by the boverning_body of the City of Lubbock. Yours truly, ECONOMY MILLS IS/ Clyde G. Tatum- Partner Manager BE IT RESOLVED BY THE CITY CON111ISSION OF THE CITY OF LUBBOCK, ZHAT the foregoing proposal BE, and it is hereby accepted December 14, 1950. EARRY_Yi0RB1-�;- Mayor Pra�j_tem ATTEST: LAVENIA LOWE City Secretary Motion was made by Commissioner Davis, seconded by Commissioner Thomas, to accept proposal of Gladys Blackman to sell the City the west 721- Ft. of Lot 1, Block 206, Original Town of Lubbock, for a consideration of Eighty Five (85.00) Dollars. This motion carried by the following vote: Mayor Pro-tem Harry Morris, Commissioners Hufstedler, Davis and Thomas voting YEA. None voting NAY. The proposal follows: To the City Commission November 291 1950 Lubbock, Texas The undersigned, being the owners of the property herein described hereby made the following proposal and offer to the City of Lubbock with respect to right-of-way required for Avenue A, said�roperty being Lot 1, Block 206, Original Town and that portion required by the City of Lubbock being described as follows: West seven and one-half (W-721-1) feet of above lot. To duly execute and deliver th 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 $85.00, and we will deliver to the City of Lubbock a base abstract, together with all supplements therein, down to the present date, and said abstract to show good and merchantable title in the undersigned, free from any and all incumbrances. Abstract and Supplement will be returned to Owner. This proposal is submitted subject to due acceptance by the governing body of -the City of Lubbock. Yours truly, 181 Gladys Blaclanan BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, that the foregoing proposal BE, and it is hereby accepted December 14, 1950. k;41LF�. -PdMRI Mayor Pro te:'i, ATTEST: LAVENIA LOWE City Secretary - * _ * _ A _ * - * - * _ * - * - * - Motion was made by Commissioner Hufstedler, seconded by Commissioner Thomas, to accept proposal of Mt. Gilliand Baptist Church to sell the City the East 72- Feet of Lots 15, 162 17 and 18, Block 205, Original Town of Lubbock, for the sum of $1100.00. The. motion carried by the following voter • Mayor pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA. None voting I;AY. The Porposal follows: To the City Commission Lubbock, Texas December 9, 1950 The undersigned, being the owners of the property herein described hereby make the following proposal and offer to the City of Lubbock with respect to right-of-way required for Avenue A, said property being Lots No. 15, 16, 17 and 18 Block No. 205 Original Town and that portion required by the City of Lubbock being described as follows: East 72'- Feet of Above Lots. 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 $11,100.00, and we will deliver to the City of Lubbock a base abstract, together with all supplements therein, down to the present date, and said abstract to show good and merchantable title in the undersigned, free from any and all incubberances. This proposal is submitted'subject to due acceptance by the governing body of the City of` Lubbock.' Yours truly, /S/ MT. GILLAND BAPTIST CHURCH /S/ S. W. HICKS BE IT RESOLVED BY THE CITY CO MSSION OF THE CITY OF LUBBOCK, that the foregoing proposal BE, and it is herebe apcept6d December 14, 1950. ATTEST: HARRY MORRIS ,Mayor -Pro tern fr� i Motion was made by Commissioner Davis, seconded by Commissioner Hufstedler, that the following proposal of J. B. Mason be accepted for acquiring a part of the Avenue "A" right-of-way. This motion carried by the following vote: Mayor Pro -tern Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA. None voting Nay The Proposal follows: To the City Commission Lubbock, Texas December 11, 1950 . The undersigned, being the owners of the property herein described hereby make the following goposal and offer to the City of Lubbock with respect to, right-of-way acquired for Avenue "A" said property being Lot No. 19, Block No, 205, Original Town And that portion required by the City of Lubbock being described as follows: East '9! feet of above lot. To dUy 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 $500.00, and we will deliver to the City of Lubbock a base abstract, together with all supplements therein, down to the present date, and said abstract to show good and merchantable title in the undersigned, free from any and all incumberances. This Ixoposal is submitted subject to due acceptance by the governing body of the (-'ity of Lubbock. Yours truly, /SI J . B . r 1ASON BE IT RESOLVED BY THE CITY COIDIISSION OF THE CITY OF LUBBOCK, that the foregoing proposal BE, and it is hereby accepted December 14, 1950. ATTESTS LAVEPTIA MTE City Secretary HARRY MORRIS Mayor Pro -Tern Motion was made by Commissioner Hufstedler, seconded by Commissioner Thomas, that the following proposal of George Bennett be accepted for acquiring a part of the Avenue "A" right-of-way. This motion carried by the following vote: Mayor Pro -tern Harry Morris, Commissioners Hufstedler, Davis and Thomas voting YEA. None voting NAY. , The Proposal follows: To the City Commission Lubbock, Texas November 29, 1950 The undersigned, being the owners of the property herein described hereby make the following proposal and offer to the City of Lubbock with respect to the right of way required for Avenue "A"g, said property being Lot 20, Block 205, Original Town Addition to the City of Lubbock, Lubbock County, Texas. And that portion required by the City of Lubbock being described as follows: The East seven and one-half (E-72'-') feet. 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 $415.00, and we will deliver to the City of Lubbock/Sase abstract, to- gether with all supplements therein, down to the present date, gnd said abstract to show good amd merchantable title in the undersigned,free from any and all incumberances. This proposal is submitted su�oject to due acceptance by the governing body of the City of Lubbock. Yours truly, /S/ GEORGE BENNETT BE IT RESOLVED BY THE CITY COM12SSION OF THE CITY OF LUBBOCK, that the foregoing proposal BE, and it is hereby accepted December 14, 1950. HARRY MORRIS Mayor Pro -tern ATTEST: LAVENIA LOWE City Secretary Motion by Commissioner Thomas, seconded by Commissioner Davis, that proposal of George Bennett, as follows, be accepted forlxrchase of a portion of the Avenue A right-of-way. Thisimtion carried by the following vote: Mayor Pro -tern Harry Morris, Commissioners Davis, Hufstedler and Thomas, voting YEA. None voting NAY. The Proposal follows: To the City Commission Lubbock, Texas November. 29, 1950 The undersigned, being the owners of the property herein described hereby make th.4 following proposal and .offer to the City of Lubbock with respect to right-of-way required for Avenue A, said property being Lot 14, Block 205, Original Town, to the City of Lubbock, Lubbock County, Texas and that portion required by the City of Lubbock being described as follows:The East seven and one-half E-71:-' eet. 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 benefiis to my property and the sum of $167.50, and w4 will deliver to the City of Lubbock a base abstract, together with all supplements the-•ein, down to the present date, and said abstract to show good and merchantable title in the undersigned, free from any and all incumberances. This proposal .is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, /SI GEORGE BENNETT '-E IT RESOLVED BY THE CITY C0124ISSVN OF THE CITY OF LUBBOCK, that the foregoing proposal Be, and it is hereby accepted December 14, 1950. HARRY MORRIS M*or Pro Tem. ATTEST: LAVENIA LOWE City Secretary Motion was made by Commissioner Thomas, seconded by Commissioner Hufstedler, that the following proposal of J. L. Hinsley be accepted for acquiring a part of the Avenue "A" right-of-way. This motion carried by the following vote: ..ayor Pro-tem Harry Morris, Commissioners Hufstedler, Davis & Thomas voting YEA. None voting NAY. The proposal follows: To the City Commission Lubbock, Texas December 6, 1950 j The undersigned,being the owners of the property herein described hereby make the following proposal and offer to the City of Lubbock with respect to right-of-way required for West 19th Street, said property being: Lot 18, Blk. 1, Wiley Puckett Addition, City of Lubbock, Lubbock County, Texas. Recorded in V-ol. 127, Page 114, Lubbock County Deed Records, Part of Lot that is to be used for the widening of 19th street. And that portion required by the City of Lubbock being described as follows: BEGINNING at the Northeast corner of Lot 18, Block 1 of the Wiley Puckett Addition to the City of Lubbock, Lubbock County, Texas, for the point of beginning of this tract: Thence South 46.95 feet to a point on the West property line of Avenue E; Thence in a Northwesterly direction a distance of 147.5 feet more or less to a point in the East line of the alley between lots 18 and 1 of Block 1 of the Wiley Puckett Addition; Thence Northeasterly along the east property line of the alley between Lots 18 and 1, a distance of 39 feet more or less to the North Property Line of said Lot 18; Thence East a distance of 127 feet more or less to the point of beginning. 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 $2,670.00, and move all buildings fr oAilot free of cost to the City of Lubbock This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, 181 J. L. HINEEZY BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUPBOCK, that the foregoing proposal BE, and it is hereby accepted December 14, 1950. HARRY MORRIS Mayor Pro-Tem ATTEST: LAVENIA LOWE City Secretary Motion by Commissioner Davis, seconded by Commissioner Hufstedler, that the proposal of L. C. Cooper, to sell the City part of Lot 1, Block 1, Wiley Puckett Addition, for the sum of $1300.00, be accepted. This motion harried by the following vote: MAYOR Pro-Tem. Harry Morris, Commissioners Hufstedler, Davis and Thomas voting YEA.. None Voting NAY. I The proposal follows: To the City Commission Lubbock, Texas December 18, 1950 The undersigned, being the owners of the property herein described property hereby slake the following proposal and offer to the City of Lubbock with respect to Right-of-way required for East 19th Street, said property being Lot 1, Block 1, Wiley-Puclptt Addition, City of Lubbock, Lubbock County, Texas. And that portion required by the City of Lubbock being described as follows: Beginning at the North West Corner of Lot 1, Block 1, Wiley - Puckett Addition; Thence South 19.19 feet; Thence Southeasterly to a point in the East property line of Lot 1, Block 1, Wiley -Puckett Addition, said point being 31.08 feet South t- of the North East corner of Lot 1, Block 1, Wiley -Puckett Addition; Thence North 31.08 feet to the Northeast corner of said lot; Thence 125 feet West to the place of beginning. 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 $1300.00, and we will deliver to -the City of Lubbock a base abstract, together with all supplements therein, down to the present date, and said abstract to show good and mer- chantable title in the undersigned, free fra# any and all incumberances. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, /5/ LESTER C. COOPER 'RE IT RESO=, D'BY THE CITY C0141ISSION OF TIE CITY OF LUBBOCK, that the foregoing proposal BE, and it islereby accepted. HARRY MORRIS Mayor - Pr4b Tem AT` 7ZT : LAVEIIA LOWE City Secretary Motion by Commissioner Thomas, seconded by Commissioner Davis, that the following proposal of Alberta Briggs be accepted for purchase of a portion of the Avenue "A" right-of-way. Tgms motion carried by the following vote: Mayor Pro -tern $airy Morris and Commissioners Hufstedler, Thomas & Davis voting YFA. Prone voting'NAY. Proposal follows; 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 City of Lubbock with respect to right-of-way required for Avenue A, said property being Lot Rio. 11, Block No 205 Original Town. And that portion required by the City of Lubbock being described as follows: East 721- Feet Of above lot. 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 250.00, and we will deliver to the City of Lubbock a base abstract, together with all supplements therein, down to the present date, and said abstract to show good and merchantable title inthe undersigned, free from any and all incumberances. Abstract will be returned to owner. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly., /SI ALBERTA BRIGGS BE IT RESOLVED BY THE CITY COrRIISSION OF THE CITY OF-LUBBOCK, that the foregoing proposal BE, and it is hereby accepted December 14, 1950. HARRY MORRIS Mayor Pro tern ATTEST: LAVED; IA LOWE City Secretary Motion was made by Commissioner Hufstedler, seconded icy Commissioner Thomas, that the following proposal of Roaa Day and husband C. 11. Day, be accepted for purchase of a portion of the 19th Street right-of-way. This motion carried by the following vote: Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA. None voting NAY. The proposal follows: To the City Commission Lubbock, Texas December 11, 1950 The undersigned, being the owners of the property herein described hereby make the following proposal and offer to the City of Lubbock with respect. to Right -of -Way required for East 19th Street, said property being Beginning at the Southwest corner of Lot 12, Blk. 233, Original Town; Thence South 73 feet to a point in the North Section Line of Section 7, Block A; thence East along the Northuection'line of Sec. 7, Blk. A, 125 feet; Thence North 73 feet to the Southeast corner of Lot 12, Blk. 233, Original Town; Thence West 125 feet to the place of beginning. And 'that portion required by the City of Lubbock being described as follows: All the above property. 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 $7500.00 and we will deliver to the City of Lubbock a base abstract, together with all supplements therein, down to the present date, and said abstract to show good and merchantable title in the undersigned, free from any and all inmumberances. This proposal is submitted subject to due acce Caned by the governing body of the City of Lubbock. Yours truly, /S/ C. M. DAY Witness: Al O'Brien /8, (X) ROSA DAY. BE IT RESOLVED BY TIM CITY CONIISSION OF THE CITY OF LUBBOCK, that the foregoing proposal BE, and it is hereby accepted December 14, 1950. HARRY MORRIS Mayor Pro tem ATTEST: LAVENIA LOWE City Secretary There was discussion of purchasing certain property owned by Murphy E. Murdock and wife Alma Murdock, said property being located on the North side of 19th Street and needed for 19th Street right-of-way. The appraised value of the land being $1,519.00, and value of buildings being $2,057.00. Total appraised value being $3,576.00. Mr. Murdock having refused to accept $3,576.00, and requests the City pay him $5,000.00. After considering the above facts, motion was made by Commissioner Hufstedler, seconded by Commissioner Thomas, that this property, owned by Mr. Murdock, and described by field notes set out helow, be condemned. This motion carried by the following vote: Mayor Pro-tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA. None voting NAY. The field notes of the land to be condemned, being as follows: Beginning at th2 South East 1 corner of Lot 13, Block 234 Original Town Addition to the City of Lubbock,,Lubbock County, Texas: Thence South thirty feet for the beginning of this tract; Thence West 125 feet; Thence South f6urty-three feet to the North section line of Section 7, Block B; Thence Last along the North Section line of Section 7, Block B, a distance of 125 feet: Thence North fourty- three -feet to the place of beginning. Motion by Commissioner Hufstedler, seconded by Coftnissioner Thomas, the following resolution was passed: RESOLUTION WHEREAS, The City Commission heretofore authorized an offer to be made to Ella Lewis, on or about the loth day of August, 1950, and condemnation was thereafter authorized follow- ing non -acceptance of the offelr, in which the property needed for highway purposes was erron- eously described, and, WHEREAS, the description has been corrected, and the following described property is needed for the widening, extending, opening, constructing and improving 19th Street between Texas Avenue and Avenue A. the need for which was determined by Ordinance No. 1029, THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the right-of-way agent be aid he is hereby authorized to offer Ella Lewis jointly with all other persons havin4 an interest in the following described property, the sum of Four Thousand Six Hundred and No/100 Dollars ($4600.00), for a merchantable title to said property situated within the City of Lubbock, Lubbock County, Texas, and being described by metes and bounds as follows, to -wit: BEGINNING at a point in the North section'line of Section Seven (7), Block B, City of Lubbock, Lubbock County, Texas, said point being directly South of the Southwest corner of Lot Twelve (12), Block 237, Original Town, Lubbock County, Texas: THENCE East along the North section line of Section Seven (7), Block B a distance of 91 feet; THENCE North 150 49' East a distance of 61.6 feet; THENCE South S7a 30t West a distance of 112 feet to the East right-of-way line of Avenue B; THENCE South 15.22 feet to the PLACE OF BEGINNING. On motion of Commissioner Hufstedler, seconded by Commissioner Thomas, the fore- going Resolution was unanitously passed by the following vote of all commissioners present. Those voting "Aye": Commissioners Hufstedler, Thomas, Davis, and Mayor pro tem- Commissioner Morris, this 14th day of December, 1950 HARRY MORRIS ATTEST: Mayor Pro tem LAVENIA LOWE City Secretary To the City Commission December 13, 1950 Lubbock, Texas The undersigned, being the owners of the property herein described hereby make the following proposal and offer to the City of Lubbock with respect to right-of-way required for Avenue A. baid property being Lot No. 12, Block 205, Original Town, and that portion required by the City of Lubbock being described as follows: East 74 Feet of above Lot. To duly execute and deliver jro 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 $1,185.00, and we will deliver to the City of Lubbock a base abstract, together with all supplements therein, down to the present date, and said abstract to show good and merchantable title in the undersigned, free from any and all incumberances. Abstract will be returned to owner. This proposal is submitted subject to due acceptance by the governing body of the City of Lubbock. Yours truly, S/ C. C. and Adell Cruse S/ CLUMELL STILT BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, that the foregoing proposal BE, and it is hereby accepted. HARRY MORRIS Mayor Pro tem ATTEST: LAVEI i IA LOWE City Secretary After consideration of the above proposal of C. C. and Adell Cruse and Claxdell Stinnett and the fact that the appraised value for this right-of-way being $520.00, motion was mace by Commissioner Hufstedler, seconded by Commissioner Thomas, that the proposal be rejected and that the property be condemned. This motion carried by the following vote: Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YM. None voting NAY. Motion was made by Commissioner Hufstedler, seconded by commissioner Thomas, to authorize Ordinance to be drafted for presentation to the City Commission for passage regulating ambulance calls for street accidents. This motion carried by the following vote: Mayor Pro tem Harry Morris, and commissioners Hufstedler, Davis & Thomas voting YEA. None voting NAY. Motion by Commissioner Hufstedler, seconded by Commissioner Davis, to approve 996 page 1950 Tax Roll in the following amounts; the motion carried by the following vote: Mayor Pro tem Harry Morris, and Commissioners Thomas, Davis and Hufstedler voting YEA None voting NAY. Personal property Real Property Total valuations Valuations $24,2851150.00 81,562,050,00 1052847,200.00 Total Tax $11,587,709.96 Motion by Commissioner Thomas, seconded by Commissioner Davis, that the following Resolution be passed. This motion carried by the following vote: Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis and Thomas voting YEA. None voting NAY. RESOLUTION WHEREAS, by Ordinance No. 1029, the City Commission determined the need for extending, opening, w-idening, constructing and improving 19th Street between Texas Avenue and Avenue A. which includes within the right- f way and building lines therein established the vcoperty hereinafter described, to which property the Fort Worth & Denver South Plains Railway Company claims title, ownership or as interest of some nature, and the City Commission desires to obtain an easement over the tract of land hereinafter described by purchase, THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the Fort 'Worth & Denver South Plains Railway Company and all other persons having an interest in said property be jointly offered the sum of Seven Thousand, Five Hundred Sixty and No/lOO Dollars for an easement for highway purposes over the following described property located in the City of Lubbock, Lubbock County, Texas, and being described by metes and bounds as follows, to -wit: / BEGINNING at the intersection of the East property line of Avenue G and the North Section line of Section Seven (7), Block ttB". THENCE North 70.4 feet along the East property line of Avenue G to a point; THENCE East 270 feet more or less to the West property -line of Avenue F; TIM,,CE South along the West property line of Avenue F to a•point which is 18.5 feet South of the North line of Section Seven (7), Block "B" Thence in a westerly direction to a point on the East propetty line of Avenue G. which point is 19.6 feet South of the North line of Section Seven (7), Block B; THENCE North along the East property line of Avenue G A distance of 19.6 feet to the POINT OF BEGIN11 ING. The following officer of the City of Lubbock is hereby authorized and directed to make said offer, namely, City Manager Steve Matthews. On motion of Commissioner Thomas, seconded by Commissioner Davis, the foregoing Resolution was unanimously passed by the following vote: "Aye": Mayor Pro tem Harry Morris and Commissioners Hufstedler, Davis and Thomas ttnay" : None ATTEST; FIARRY PMI IS LAVENIA LWE 01t.y Secretary Mayor Pro tem Motion by Commissioner Hufstedler, seconded by Commissioner Davis, that the following Resolution be passed. This rmtion carried by the following vote: MAYOR Pro tem Harry Morris, and Commissioners Hufstedler, Davis and Thomas voting YEA None voting NAY. RESOLUTION WHEREAS, by Ordinance No. 1029, the City Commission determined the neid for extending, opening, widening, constructing and improving 19th Street between Texas Avenuo and Avenue A, which includes within the right-of-way and building lines therein established the property hereinafter described, to which property the Fort Worth & Denver South Plains Railway Company claims title, ownership or an interest of some nature, and the City Commission desires to obtain an easement over the tract of land hereinafter described by purchase, THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the Fort Worth & Denver South Plains Railway Company and all other persons having an interest in said property be jointly offered the stun of One Thousand Two Hundred Fourty and N0/100 Dollars (61240.00) for an easement for highway purposes over the folloua ng described property located in the City of Lubbock, Lubbock County, Texas, and being described by metes and bounds -as follows, to -wit: oFq;;KJJG at the point of intersection of the North line of Section 7, Block "B", and the st property line/ , CE South 19.32 feet to a point in the West property line of Avenue G; THENCE in a northwesterly direction 125.01 feet to a point in the West boundary line of Lot 48 of the Hart Addition to the City of Lubbock, which point is 18.71 feet South of the North line of Section Seven (7), Block "B"; THENCE North 18.71 feet along the West boundary line of said Lot 48 to a point in the North line of Section Seven (7), Block "B"; THEAICE East along said section line 125 feet to the place of beginning, and being substantially the North 19.32 feet of Lot 48 of the Hart Addition to the City of Lubbock, Lubbock County, Texas. The following officer of the City of Lubbock is hereby authorized 'arid directed to make said offer, namely, City Manager, Steve Matthews. On motion of Commissioner Hufstedler, seconded by Commissioner Davis, the foregoing Resolution was unanimously passed by the following vote: "Aye": Mayor pro tem Harry Morris, and Commissioners Hufstedler, Davis and Thomas "Iday" : None .ATTEST: HARRY i iORRIS LAVENIA LOWE City Secretary Ylayor Pro tem 77'.H. E. Goodwin, Land and Tax Commissioner of Ft. Worth & Denver South Plains Railway Company appeared before the City Commission and asked that the following letter appear in the City Commission records: Hon. City Commission Lubbock, Texas Gentlemen: Lubbock, Texas December 14, 1950 Before final decision is reached by your honorable body, I would Ake to make a few remarks, in addition to those made yesterday, for your serious consideration and benefit of the record. As you know, the proposition to open 19th Street across our property came up about three years ago. We opposed it then. We oppose it now. Our opposition is based maikly on two principles. A hi -speed and heavily traveled hiway across the throat of our operations will create, beyond any doubt, an extremely dangerous condition that will result in the loss of lives and destruction of property. We sincerely believe the City is not justified in creating this hazard, thereby shifting the liability to the Railroad Co. Secondly, this proposed hiway will seriously impair our ability properly to serve the shipping industry which is so vital to the continued growth and development of Lubbock. In a spirit of co-operation, however, we have offered to vacate our nth Street facilities, provided the City would provide us with property of equal value at some other desirable location. Such a site appears available along 34th Street and Avenue A. The offer was made to former City Manager Smith early in 1948, again by our Vice -President, Mr. Armstrong, to this Commission early this year, and the offer was reduced to writing and presented to this Commission by me last November 16th. At no time during all these negotiations.was there any indication b¢twhat an agreement could be reached on this basis. To learn now that the City intends to confiscate our property thru condemnation comes as a surprise, but, I can assure you, not unanticipated. In such a proceeding we can offer the expert testimony of skilled and experienced and disinterested Railroad operating men as to the damgge that will ensue to the Railroad Co., by reason of this hi-speed.thorofare. A similar case, as has been explained to Mr. Matthews, and, I believe, Mr. Wilson, arose in Denver, Colorado, and after goin- to the Courts was settled in the very same manner as we have proposed to the City of Lubbock. I still hope that upon sober and unbiased consideration, the City will accept, in principal, our proposal. If, however, the decision is for condemnation, may I suggest this will be no easy undertaking, such as indicated by the City Manager in our discussion yesterday. As a tax paying public utility undertaking to serve the Lubbock area to the very best of its ability, and cooperate with the City Commission in such endeavor, it is regretted exceedingly that repeated efforts heretofore made by the Railroad for the purpose of amicably working out the controversy have come to naught and resulted in the decision upon the part of the City to settle the matter in court instead of out of court. The Railroad wishes to renew its statement, and have it clearly understood, that all negot- iations, as well as statements and figures, heretofore made or submitted, were made purely upon the basis of c6mpr&aise, and tendered only in the spirit of compromise, and not as admissions of the nature, extent, or amount of the value of the property to be taken or of the damage that will be suffered by the Railroad if the City resorts to condemnation proceedings. Hence, to avoid any misunderstanding, the City respectfully is notified that all such former negotiations, statements,and figures are withdrawn. HEG:OH Yours very truly, /SI H. E. GOODWIN H. E. Goodwin, Land & Tax Commissioner, Fort Worth & Denver South Plains Ry. Co. Motion by Commissioner Thomas, seconded by Commissioner Davis, that the following letter, of date November 14, 1950, from the Fort Worth and Denver South Plains Railway Company, be made a part of the Minutes of the City Commission on this date. This motion carried by the following vote: Mayor Pro tern Harry 11orris and Commissioners Hufstedler, Davis and Thomas voting YEA None voting Nay. The letter follows: Fort Worth, Texas, November 14, 1950. Res Exchange of F.W. & D. C. Ry. Co. Depot Sit and Facilities TO THE HONORABLE MAYOR AND CITY.COMMISSIONERS OF THE CITY OF LUBBOCK LUBBOCK, TEXAS Gentlemen: In reply to your repeated legal demand and threat, respectfully made by the City of Lubbock and the State of Texas upon tre Fort Worth and Denver South Plains Railway Co. that the City acquires the Company's 19th Street depot site and facilities, located upon Block 232 in the Original Town of Lubbock, together with a tract 90 feet wide ivneoiately adjacent thereto on the South side, between Avenues F and G, plus a strip of land approx- imately 19.32 feet by 125 feet off of the North side of Lot 48, Hart Addition to the Town of Lubbock, Texas, for the purpose of extending 19th Street in said City, and open- ing a public highway upon said land, and also in compliance with the request of the City of Lubbock that said Company make a written tentative proposal of compromise whereby the City of Lubbock may acquire said property for such purpose, said Company begs leave to make the following tentative compromise proposal: (1) While it is intended that this written proposal, executed by said Company, shall be accepted in writi,ngby the City of Lubbock, it nevertheless is understood that the same shall not he final or conclusive as a contract, but merely a compromise offer for the purpose of starting negotiations and furnishing a working basis therefor. (;k) While the Ccogpany recognizes that the City of Lubbock, in conjunction With the State of Texas, is demanding said property for purpose of a public thoroughfare, and is threaten- ing to resort to condemnation proceedings for purpose of acquiring such property, if nec- essary, the Company does not recognize or admit that the City or the State has such power or right, or that such necessity exists. Bfut, for purpose of compromise, and in a whole- hearted spirit of undertaking to cooperate with the City of Lubbock and the State of Texas in expanding all public facilities in a rapidly growing area, the Company advises that it is readyland willing to try to compromise the controversy bjr exchanging said 19th Street depot site and facilities for a different depot site and facilities of equal value, offered by the City of Lubbock, being certain tracts of land in Lubbock County, Texas, located between the F.W. & D. S. P, right-of-way and 34th Street, and Avenues A, B. and C. in the City' of Lubbock,,all of such property being more specifically shown on the plat contained in appraisal report dated October 2, 1950, and prepared for said Company by Glenn Hess and K. T. Thomas, a copy of which heretofore has been delivered to the City of Lubbock and which is hereby referred to and made a part hereof, together with certain other parcels, to be designated by the Company, provided it reasonably appears that tuch 34th'Street Depot site -and other parcels may be acquired by said Company at a total cost acceptable to the Company and not exceeding the net sales price of the 19th Street depot site and facilities first described above. (3) It is agreed that all cost and expense incurred in the acquisition of the 34th Street depot site and other parcels be borne by the City of Lubbock, and not by said Company. (/+) It is agreed that the City of Lubbock shall furnish,•or cause to be furnished, to said company, good and merchantable title, with abstract of title certified to date by a competent and reputable abstracter, showing such good and merchantable title, with all taxes paid to date of exhhange, including possession of premises, without cost or expense to the Company. (5) In all efforts on the part of the Company to acquire said 34th.Street depot site and other parcels., whether by condemnation or otherwim, the City of Lubbock shall cooperate in every reasonable way to keep down the cost of the property as well as the proceedings, in the interest of all concerned. (6) The City of Lubbock will re -zone said 34th Street depot site and other parcels for industV i 1 and commercial uses.. (7) The City will furnish, install, and place in operatm6n, at its cost and expense, a water system and sewage disposal service, reasonably connected with said new site. (8) The City agrees to emp7�y L. Wesley Read as its agent in undertaking to procure the 34th Street site, and bear all expense incident thereto, including said agent's commission. (9) The Company likewise will convey to the City of Lubbock good and merchantable title to said 19th Street site and furnish complete abstract of title to date showing that the Company has good and merchantable title with all taxes paid to date the deal is closed. However, it is understood that the Company does not own or claim to own fee simple title to Lots 8 and 12, in Block 232, aforesaid, but will convey,to the City by appropriate instrument such right,title, and interest as it does have in and to said lots. Taxes, insurance, and rents, if any, shall be pro rated as of the date of closing. (10) Efforts will be made to close this agreement within six,mgnths from date of written acceptance. (11) The Company agrees that the City, upon written acceptance hereof, may proceed with the widening and paving operations necessary to the opening of said Highways 62 and 82, prodded such operati6ns shall not interfere unreasonably with the use of said 19th Street depot and facilitaties while occupied by the Company, moreover, that said highways shall not be opened between Avenues F and G until the Company is able to move upon and occupy necessary depot and trackage facilities on the 34th Street site. (12) It is also understood that the Company retains.all its right, title, and interest to trackage and trackage easements and franchises in north and south alleys between Avenue F and G, and G and H, and upon andecross said Block 232 and adjoining streets. Yours very truly, FORT WORTH AIM DEFVER SOUTH PLAINS 13AILWAY COMPANY No further business coming up for consideration the City Commission recessed,to meet at 10:00 A.I:. December 15th. Read and Approved this 28t'h ATTEST: 44l,/ ity Secretar day of December ., 1950. i Mayor Pr Tem