HomeMy WebLinkAboutResolution - 060955B - Condemnation Proceedings_Legal Action - Lots 8 & 9, Block 16, Original Town Add - 06_09_1955 i
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RESOLUTION
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO ACQUIRE BY CONDEMNATION PROCEEDINGS, FEE SIMPLE TITLE TO
LOTS 8 AND 90 BLOCK 16 OF THE ORIGINAL TOWN OF LUBBOCK; FURTHER;
AUTHORIZING THE CITY ATTORNEY TO FILE APPROPRIATE PLEADINGS �I
lkno TO RECOVER $10, 000. 00 PAID TO'FRONLA S. JOI-INSTON ON OR ABOUT
eertifie MARCH 17, 1954, AND TO TAKE ANY OTHER ACTION IN CONNECTION
conies THEREWITH THAT MAY BE CONSIDERED NECESSARY AND PROPER..
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mr.71ilqor WHEREAS, the City Commission of the -City of Lubbock has determined
clt•T and found it is necessary to'acquire fee simple title to Lots 8 and 9 in Block
Attorney i 160 in the Original Town of Lubbock for park purposes; and, j
June 13,
1.955 WHEREAS, in order to acquire the fee simple title to said land, it is nec-
essary to condemn said lands for park purposes and to bring action on behalf
of the City; and, j
WHEREAS, the City has heretofore, on march 17, 1954, negotiated and
ij paid to Fronia S. Johnston the sum of $10,000. 00 based on her representation
I that V.he had title to Lots 8 and 9 in Block 16, Original Town of Lubbock, and
that she would vacate and deliver said described land to the City of Lubbock
upon payment thereof; and,
jI WHEREAS, it has been found and determined by the City Commission that (I
the said Fronia S. Johnston did not in truth and in tact have title to Lots 8 and
9, except such title as she may have acquired by a spurious conveyance, and
j that she knew that her title was based on such conveyance, and has further
failed and refused to deliver up the possession of said premises, and still
j fails and refuses to do so; and,
WHEREAS, action has heretofore been brought by the City of Lubbock
to acquire the possession of such premises as hereinabove described, and
I kaith action is now pending in the 99th District Court of Lubbock County,
Texas, in Cause No. 23871, City of Lubbock vs. Fronia S. Johnston; NOW, j
THEREFORE,
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BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
j SECTION 1. That Lots 8 and 9 in Block 16 of the Original Town of Lubbock,
Lubbock County, Texas, all of which is deemed to be necessary for park par-
poses, be acquired by condemnation proceedings, and the City Attorney shall
BE, and he is hereby authorized and directed to acquire by condemnation pro-
ceedings the fee simple title to said land heretofore described for park purposes'
AND BE IT FURTHER RESOLVED:
SECTION Z. THAT the City Attorney BE, and he is hereby authorized and
directed to file any and all necessary pleadings and to take any other necessary
legal action to recover the $10,000. 00 heretofore paid to Fronia S. Johnston by
j the City of Lubbock on March 17, 1954, and to take any other a.ction,or cause
li to be done anything in his judgment which he may consider proper with respect
to such recovery and in connection with Cause No. 23871, entitled City of
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IOWA
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Lubbock vs. Fronia S. Johnston, now pending in the 99th District Court of
Lubbock County, Texas.
!� On motion of Commissioner Forrest seconded
by Commissioner Thomas , the foregoing Resolution
was approved and passed on this theme ay of yJe 1955,
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by the following vote:
Commissioners voting "YEAn: Forrest, Thomas and Lennis Baker, Mayor Pro-ti' m
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Commissioners voting "MAY": None
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MUR -'G_ . F yor
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ATTEST:
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venia Lowe, City Secretary-Treasurer
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