HomeMy WebLinkAboutResolution - 072447B - COL To Reimburse County Of Lubbock For Right Of Way Expenditures - 07/24/1947BMUL DT ICN
WffiiEAS, certain right-of-way is required for the general traffic dispersal
system, and affects the lands described in Ordinance No. 519 of the City of Lubbock
which Ordinance excluded the described territory from the Corporate Limits of the
City, and,
viHEREAS, it is contended by County Officials that said ordinance is invalid and
by reason of such invalidity the County should not be required to secure and pay for
the necessary right -of -;gay, and,
liiii& LEAS, the Attorney General of Texas, in Opinion #V-214, June 11, 1947, has
held that the ordinance is voidable only, is presumed to be valid, and such territory
is not a part of the City of Lubbock and the County is legally under obligation to
purchase the right-of-way in such territory if such right-of-way is required, unless
If such ordinance is set aside by direct court action, and,
rHEAEAS0 in the public interest it is deemed necessary at the earliest practica-
ble time that said right-of-way be secured and the County Officials have requested
the City of Luobock to enter into the following agreement as a condition upon which
Luobock County will secure such right-of-way and the governing body of the Cit
Lubbock considers immediate action imperative, TfffiWOnE,
BE IT itLSOLVtiED BY TkE CITY COA�IISSION OF THE CITY OF LM 3OCK:
THAT, conditioned upon the Commissioners Court of Lubbock County securing the
right-of-way required relating to the area described in Ordinance No. 519 of the
City of Lubbock and further conditioned upon a suit being forthwith brought as a
direct attack upon Ordinance No. 519, to which action the City of Lubbock shall be
a party, and securing a final judgment establishing the invalidity of said Ordinance
No. 519, the Governing Body of the City of Lubbock hereby agrees to abide by such
final court action and reimburse the County of Lubbock for such right-of-way expendi-
tures in the event it shall be determined thereby that the duty and responsibility
for securing such right -of =way was with the City of Lubbock by reason of the invali-
dity of said ordinance.
It is strictly understood that by reason of this resolution the City of Lubbock
does not waive any right to support the validity of said ordinance, it hereby express
ly reaffirms its insistence that said ordinance is in all things valid, and that
the lands described therein are not within the Corporate Limits of the City of
Lubbock.
The City Attorney is hereby directed and fully authorized to defend the validity
of said ordinance in any action brought affecting the same.
Passed and approved by unanimous vote of the City Commission this the 24th day
of July, 1947.
MT* ,
City Secr t a r y
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