[Abilene Board of Commissioners Minutes: 1931-1938] Page: 28
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28
The following Resolution was read before the Board:
SETTLEMENT OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH S. S.
INJURIES TO STUBBS FOR FULL SETTLEMENT OF ALL CLAIMS AGAINST THE CITY OF ABILENE,
REX GRANVILLE TEXAS ARISING OUT OF THE INJURIES TO HIS SON REX GRANVILLE STUBBS
STUBBS. ON ACCOUNT OF BEING RUN OVER BY A CIrlY WAGON OPERATED BY A CITY
EMPLOYEE.
Whereas, S. S. Stubbs for himself and as next friend for his minor
son, Rex Granville Stubbs, has proposed that if the City will pay him $
$250.00 that he will release all possible liability as to the city arising
out of the injuries to his said son by being run over by a city wagon
operated by a city employee: and
Whereas, this seems to be a fair and reasonable request on the part
of said Stubbs and it seems most feasible to the City that such a contract
should be entered into by and between the City and said Stubbs:
Therefore,
BE IT RESOLVED BYTHE BOARD OF COMMISSIONERS OF THE CITY OF ABIDEN^
TEXAS, THAT The Mayor be ana he is hereby authorized to execute a contract
with the said S. S. Stubbs.
Passed and approved this the 4th day of September 1931.
Lee R. York, MAYOR
ATTEST: Alice Allen, CITY SECRETARY.
Approved as to form before passage: H. L. DeBusk, CORPORATION COUNSEL.
VOUCHER AUTHOR. Commissioner Sammons made a motion, duly seconded and carried, that
S .S .STUBBS . the above resolution be adopted and that the City Secretary be authorized
to issue a voucher for $250.00 in favor of S. S. Stubbs. All Commissioners
voted "Aye”.
The Following resolution was read before the Board:
RESOLUTION AUTHORIZ-RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DEED FROM THE CITY OF
ING CITY ATTORBILENE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO TENDER SAID DEED IN THE
TO TENDER . SUIT OF HENRY SAYLES VS. CITY OF ABILENE, TOGETHER WITH ABSTRACTS TO THE
DEED TO COURTLANDS THEREIN CONVEYED.
IN SUIT OF HENRY
SAYLES VS. CITY WHEREAS, on the 6th day of November 1920 The City of Abilene, Texas
OF ABILENE and Henry Sayles, Jr., entered into a contract of sale whereby the City
agreed to convey certain lands described in the daed hereto attached and made
a part of this resolution; and
Whereas, the description of the lands conveyed is based upon a de-
cision of the Supreme Court reported in 295 S. W. 598, styled City of
Abilene vs. Henry Sayles, Jr.; and
Whereas, said description in the deed is based upon the City Engi-
neer’s survey in compliance with the requirements set forth in the said
opinion by the Supreme Court of Texas and purports to convey and does con-
vey all the lands in certain surveys in Taylor Co., Texas one hundred feet
above the highwater mark of Lake Abilene at its proposed maximum capacity
and parallel to said high water mark, said survey being made upon a pro-
posed maximum capacity of a 15,000,000,000 feet maximum capacity, which
the Supreme Court held was in the minds of the parties' when the contract
was made: and
Whereas, the said city repudiated said contract and Henry Sayles, Jr,
instituted suit for specific performance and eventually prevailed in said
suit in a case before the Supreme Court of Texas as above set forth; and
Whereas, the said Sayles has never appeared satisfied with such dis-
position of the case and has not settled with the City, although he has had
constant use of the lands and premises without cost and without having paid
anything to the City therefor over a period of about ten years; and
Whereas, the City is now and has been ready for several years to
close the trade and make the conveyance according to the terms of the con-
tract, and said Sayles for some reason or another seems inclined to let the
matter drag.
Now, Therefore, Be It Resolved by the Board of Commissioners of The
City of Abilene, Texas that the Mayor be and he is hereby authorized to ex-
ecute a deed to Henry Sayles, Jr., and that the City Attorney is aut orized
and directed to prosecute to final settlement the suit now pending in dis-
trict court and he is directed to tender into court the deed and abstracts
of title to the respective tracts conveyed therein.
Passed and approved this the 4th day of September 1931.
Lee. R, York,______ _______
Mayor of Abilene, Texas.
Attest: Alice Allen City Secretary.
Approved as to form before passage: H. L. DeBusk, Corporation Counsel.
528-0208-04
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Abilene (Tex.). [Abilene Board of Commissioners Minutes: 1931-1938], book, 1931-07-03/1938-01-31; Abilene, Texas. (https://texashistory.unt.edu/ark:/67531/metapth996978/m1/88/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Public Library.