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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/10/1942RECESSED REGULAR MEETING. Lubbock, Texas, April 10, 1942 The City Commission of the City of Lubbock, Texas, met at 1:30 P.M. in Recessed Regular Session, Recessed from Regular Meeting of March 129 1942, at the Regular Meeting Place in the City Hall, the following members thereof being present, to wit: Mayor C E Slaton Commissioners W B Price, VI G McMillan, Hub Jones, Garland Newsom, 6ity Attorney Lurwood H. Bradley, City Manager W.H. Rodgers and City Secretary Lavenia Williams. Absent: Commissioner W.B. Price. The Minutes of Recessed Regular Meetings of March 27th and April 8th, 1942, were read and upon motion by Commissioner McMillan, seconded by Commissioner Newsom, they were unanimously approved. Motion by Commissioner Jones, seconded by Commissioner Newsom, carried unanimously, Ordinance No. 685 passed second reading. Ordinance No. 685 ORDINANCE CLOSING HEARING AND LEVYING ASSESSTdIENTS FOR A PART OF THE COST OF IMPROVING A PORTION OF WASHINGTON AVENUE AND SUNDRY OTHER STREETS, AVENUES AND ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND PROVIDING FOR TIC COLLECTION OF SUCH ASSESSI TENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF. Motion by Commissioner Newsom, seconded by Commissioner Jones, carried unanimously, Ordinance No. 686 passed first reading. ORDINANCE NO. 686 WHEREAS, the City of Lubbock is the oimer in fee of a certain tract of land located and situated in the Northeast corner of the Northeast One- fourth of the Southwest One-fourth of Section 13, Block B. in Lubbock County, Texas, said tract of land described by metes and bounds as follows: - (Taking Phillips Addition into the City Limits) - Motion by Commissioner Jones, seconded by Commissioner McMillan, the following Resolution carried unanimously. BE IT REMEMBERED that at a meeting of the City Commission of the City of Lubbock, held or/April 10th, 1942, a quorum being present, among other business transacted, the following resolution was duly passed: WHEREAS on August 19th, 1941, the City of Lubbock, as lessor, leased to N.6. Walter and W. Earl Smith, as lessees, a body of land situated in Lubbock County, Texas, consisting of 886.18 acres of land; and at the same time said lease was executed an escrow agreement was made and entered into by the lessor and lessees, under the terms of which the lessees placed in 5scrow in the Citizens National Bank of Lubbock, Texas, the sum of $4350.00, to be held by the Citizens National Bank until the lessees had completed a well to a depth of 5500 feet on some part of the land described in the oil and gas lease; and, WHEREAS, thereafter, the lessees, N.C. Walter and W. Earl Smith, made and entered into a contract with Sam G. Dunn and Claude Keeton, who agreed, bound and obligated themselves to drill an oi�and gas well on a tract of land adjoining the lands described in the oil and gas lease executed by the City of Lubbock to said Walter and Smith; and City of Lubbock having agreed to the change of the location of said well as per the terms of a contract made between the City of Lubbgbk on February 12th, 1942, and Sam G. 1�unn and Claude Keeton, and, WHEREAS, it is provided in said contract that if the said Sam G. vunn and Claude Keeton, drilled said oil and gas well to a depth of 5500 feet on the location mentioned in said contract of February 12th 1942, and completed said well to a depth of 5500 feet that then and in that event the City of Lubbock agreed, subject to the approval of NC. Walter and W. Earl Smith, that said $4350.00 held in escrow by the Citizens Walter Bank was to be paid to the said Sam G. Dunn and Claude Keeton; and, WHEREAS, the said Sam G. Dunn and Claude Keeton have complied s, id well called for in the contract of February 2nd, 1942, to a depth oVb500 feet; NOW, THEREFORE BE IT RESOLVED that the Citizens National Bank of Lubbock, Texas, the escrow agent, designated in the escrow agreement, made and entered into on the 19th day of August, 1941, between the City of Lubbock as lessor and N.C. Walter and W. Earl Smith, as lessees, be and it is hereby authorized in so far as the City of Lubbock is concerned and subject to the consent of the said Walter and Smith to pay said sum of $4350.00 to the said Sam G. Dunn and Claude Keeton. C E Slaton Mayor of the i y of Lubbock, Texas. Attest: LavejUa Wil-liams City Secretary. Motion -1--y Commissioner Jones, seconded by Commissioner Newsom, carried unanimously, to designate loading zone at 812 Texas Avenue - Peel 14dat Company. Motion by `ommissioner McMillan, seconded by Commissioner Newsom, carried unanimously, to pay damage claim in amount of $44.69, Paul Lawrence, account of barrel falling from City truck and rolling in front of Mr. Lawrence's automobile on Plainview Highway. There was discussion of building office building for Electric and Water Department at corner of 5th Street and Avenue J, and it was unanimously agreed to build this building, putting it in the 1942-1943 City Budget. Approximate total cost $5,000.00. All material being on hand exept approximately $1,000.25. Motion by UommissionLr Jones, seconded by Commissioner McMillan, carried unanimously, to authorize Mayor C.E. Slaton to execute the following agreement. STATE OF TEXAS X COUNTY OF LUBBOCK X This agreement is made this 10th day of April, 194 2, by and between The City of Lubbock, his/their executors, administrators, heirs, specessors or assigns, hereinafter referred to as the Party of the First Part, and the State of Texas, State Highway Department, acting through its State Highway Engineer, hereinafter referred to as the Party of the Second Part. Whereas, the Party of the Second Part contemplates the utilization of acceptable Flexible Base Material ftt r6ad building purposes on State Highway No. 87, extending from Abernathy to Hale Center in Hale County, and Whereas, preliminary investigations have indicated that acceptable material of this nature is available from lands hereinafter described , owned/controlled by the Party of the First Part, and Whereas, the Party of the First Part desires to sell any or all of this acceptable material: Witnesseth• The Party of the First Part for, and in consideration, of one dollar (01.00) and other valuable considerations, receipt of which is hereby acknowledged, does hereby agree to hold for the exclusive use of the Tarty of the Second Part, its agent or Contractor, all Flexible Base material occurring on said lands, hereinafter described, and to sell any or all of this material that may prove acceptable to the Party o; the Second Part at the unit royalty price of three cents (40.03) per cubic yard. The Party of the First Part hereby further agrees to indemnify and save harmless the Fatty of the Second Part from any and all damage, or loss, that may develop from existing mortgages or liens on the lands hereinafter described. The Party of the Second Part --grees to pay for all accepted material at the unit r®yalty rate designated above by the Party of the First Part. Only one royalty payment will be made for each project involved. This/these royalty payment (s) will be made at such time as the/each project is finaled. No royalty payment will be made for strippings of quarry or other unsuitable material, whether at quarry or delivered on the road. It is mutually agreed that payment ^ill be made only for acceptable material, measured loose measurement in vehicles as delivered at points on the road designated by the duly authorized representative of the Party of the 6econd Part. It is fathered mutually agreed and understood that the agents of Contractors Xor the Party of the Second Part are to have free ingress to and egrdss from said lands, hereinafter described, for the purpose of excavating and removing said material. All fences, gates and other existing improvements on the saiYlands, hereinafter described, after removal of all material desired by the Party of the Second Part, shall be placed in a condition comparable in repair to their former state by the Party of the Second Fart, its agent or Contractor. All equipment placed on said lands by the Party of the Second Part, its agent or Contractor, to assist in the removal of said material, shall be removed by the Party of the Second Tart, its agent or Contractor, up-:n the abandonment of the quarry. It is further mutually agreed and understood that should the r'arty of the First Part at any time consider the maintenance of watchmen of the erection of additional fences, cattle guards, etc., necessary to safe- guard his/their land, improvements, live stock, etc., against possible damage or loss during quarry operations, all arrangements and costs incident thereto shall be the entire responsibility of the Tarty of the First Part. Any such safeguards considered necess-Iry by the -Party of the Second Part shall be the entire responsibility of the Party of the Second Part. This agreement shall expire One (1) year (s) from the date of execution unless the Party of the Second Part, its agent or �'ontractor, is acutally engaged in removing said material, in which event it shall remain in effect until all such material desired by the Party of the Second Part has been removed and the conditions hereinbefore stated have been fulfilled. Location and description o:Aands hereinbefore mentioned (Give such information as is necessary to establish the location and limits of the source of material in a manner satisfactory and understandable to both parties): Material to be taken from the pit known as the City Lake Pit, located approximately 2 miles northwest of the northwest city limit of Lubbock, on the Shallowater road. IN WITNESS 111MREOF, the Parties concerned hereto have set their hands the date herein named. C E Slaton Party of the irst Part Witness: Lavenia Williams State of Texas art of the Second 7a-r-f— Approved: D C Green State Highway Engineer. Recommended for Approval: F C Stanlev Resident Lngineer. S C McCarty District Engineer J S Judson Engineer Road Design There was discussion of purchasing Fire Truck and the City Manager, W.H. Rodgers, was instructed to take this up with War Production Board to see if can get priority to purchase Fire Truck, also Garbage Truck. Motion by Commissioner McMillan, seconded by Commissioner Jones, carried unanimously, Mayor C E Slaton was authorized to sign letters written to Colonel Lyle Rosenberg, as follows: April 10, 1942 Colonel Lyle Rosenberg U.S. District Engineer Albuquerque, New Mexico Dear Colonel Rosenberg: Answering your wire of April 6, requesting that the pity of Lubbock acquire additional land for the proposed second Army airfield to the lands formerly obligated by the City of Lubbock to the Government, we wish to ad,rise as follows: Your request has been considered by the City Commission, the Board of Dir- ectors of the Lubbock Chamber of Commerce and other interested and represen- tative citizens, and a cursory investigation made as to the price and avail- ability of the lands described in your wire. It is our judgment that the lands requested would cost well over $100,000 because of their locatioryand the improvements thereon. Some seven or eight different owners would have to be dealt with and it is likely that some of the tracts under consideration would have to be taken by condemnation proceedings to obtain anyt)1ing like a reasonable price thereon. The entire situation was Oxplained to your representatives, Major Cox and Messrs. Lovitt and Welch, in a conference with a committee especially appointed for this purpose yesterday afternoon, after which your representa- tives were convinced that the idea of obtaining land to the south of the present Municipal Airport6hould be abandoned and the necessary land north of ie port obtained. The section of land north of the port is in sod with ie excepthn of two residences thereon. s are advised this morning by Iv1r. Lovitt that if the Air Corps will approve Le location of the ordnance facility within the east V of the ne-sw and 7-se runway that a maximum of approximately 200 additional acres to the north .11 provide all the land necessary-- and if the Air Corps will not approve ie location of the ordnance facilityat this point that by acquirirr a total approximately 320 acres out of the section to the north of the airport that this will be adequate. Taking it for granted that your request for additional land will be either for approximately 200 acres or a maximur, of approximately 320 acres to the north of the airport, we wish to assure you that we will obtain this land and include it in the previous lease executed by us, provided the voters of Lubbock will approve a bond issue in a sufficient sum to purchase all the land we will be required to furnish the Government for this second Army airfield. In explanation of this condition, we wish to advise as follows: Prior to February 5, an Army board seeking a site for this second school visited Lubbock and asked would the City of Lubbock be agreeable to leasing the present airport, consisting of 640 acres with the improvements thereon and 300 additional acres of land to the east of the present airport for a building area, to the Government. This board was assured that Lubbock would enthusiastically lease this land to the Government as a means of helping win the war. On or about February 4, an official board came to Lubbock, looked over the airport and the land to the east thereof, and asked us to execute a lease for the land last above described and an additional 160 acres adjacent or near thereto for an ordnance facility. We found that we would have to buy the entire section of 640 acres to the east of the airport as the owner would not sell a part thereof, and we therefore obtained a 90 da option on that date from the owner for the purchase of this 640 acres at 75 per acre. On February 5, we executed a lease to the Government for the present airport and for 480 acres out of the section to the east of the airport ---the west one-half of this section, or 320 acres, to beused for the building area, and the northeast one-fourth, or 160 acres, to be used for the ordnance facility. We were assured that the present airport was entirely adequate and that the above described 480 acres of/land was all the additional land the Government needed in addition to the airport for the second school. Of course, the lease we executed provided that we would furnish the necessary tracts of land for radio range and transmitter stations. Under the law, the City of Lubbock is permitted to issue up to $50,600 of warrants each year without a vote of the prople. We therefore planned to issue warrants for the purchase of this additional section of land at a a-st of $48,000 and for the purchase of radio range and transmitter sites, which would be virtually our maximum limit. To obtain the additional land now requested and as above described will cost approximately another $25,000. The only way we can obtain these additional funds is to submit a bond issue to a vote ce the p..ople, which will take some 30 to 45 days, This we are ready and willing to do, provided that we can be assured that the air school is to be built regardless of whether the bond issue carries or not. We make this condition in connection with our offer for the reason that before such a bond issue can be voted, that is on or before May 6, we must exercise our option on the section ofland to the east of the airport, and we would not want to proceed with the purchase of that land unless we were assured of the construction of the air school. You, of course, understand that we cannot guarantee that the voters of Lubbock would vote favorably for.the bond issue, but we give you ever assurance that the City Commission, the Directors of the Chamber of ommerce and our committees vitally concerned in this matter will make every effort to have said bond issue carried and further assure you that it is our belief that it will carry. However, it must be definitely understood that we cannot guarantee it carrying. Of course, it goes without saying that the southeast one-fourth of the section east of the airport, consisting of 160 acres, will be included in the lease previously executed, as we have already made our plans to finance the purchase of this whole section of land and the addition of this one-fourth section will not cause us any additional outlay or necessitate the raising of additional money over and above our legal warrant issue. We are very, very much embarrassed over this situation and the fact that we cannot provide this additional land immediately and without delay and without there being some doubt of our final ability to deliver same because of the necessity of a bond issue. However, we want you to know that we have acted in good faith all the way through these negotiations just as has everyone else. We do not want to be blamed in any shape, manner or form for the situation --- we do want to help the war effort in every way possible - we do want this second school--- ancve will render every cooperation and make every effort to meet your wishes in the matt,--.r as speedily as possible. May we be advised at your earliest convenience as to what you want us to do? I Respectfully submitted with the approval of the City Commission. i C. E. Slaton, Mayor,City of Lubbock April 10, 1942. Colonel Lyle Rosenberg U.S. District Engineer Albuquerque, New Mexico Dear Colonel Rosenberg: Supplemental to our othe3Aetter of April 10, herewith attached, we wish to advise you that we have made arrangements to provide a maximum of approxiately 328 acres as shown on plat given us today by your Mr. Carl lovitt, without the necessity of a bond issue as set out in our other letter. We ask that you advise us at the earliest possible moment as to your requirements-- we, of course, preferring to purchase and furnish the approximately 200 acres as shown on the plat above mentioned, if same is acceptable to the `'ir Corps-- and furthermore, we want to exercise our option on the section of land to the east of the airport before said option expires. Immediately on your advices as to the amount of land required -- not exceeding approximately 328 acres --- rind the completion of lease contracts with the Government, we will proceed to secure said lan d. Respectfully submitted with the approval of the City Commission. C E S lat on. gayor City of Lubbock Motion by Commissioner Jones, seconded by commissioner Newsom, carried unanimously, that City pay expense of Mayor C E Slaton to Dallas to accept Texas Safety Association award for pity of Lubbock, April 13, 1942. Notion by Commissioner McMillan, seconded by Commissi 3ner Newsom, carried unanimously, to designate "no -parking" on Avenue R between Main and Broadway, for one car width on either side of Mrs. Bacon's and Mrs. Ivey's driveway. There was discussion of opening 23rd Street, between Avenue G and Avenue F. and the City Manager was instructed to contact Mr. Stroup, sent, Ft. W. & D.C. Ry. Company, in this connection, in an effort to get the street opened. No further business coming up for consideration, the City Commission adjourned. Read and approved this the 23rd day of April , 1942. Mayor At t r City ec etary.