HomeMy WebLinkAboutMinutes - City Council - Regular - 4/30/1954RECESSED REGULAR MEETING Lubbock, Texas
April 30, 1954
The City Commission of the City of Lubbock, met at 4:00 P.M. in Recessed Regular Session,
recessed from Regular Meeting of April 22, 1954, at the regular meeting place in the City
Hall, the following members thereof being present, to -wit:
Mayor Murrell R. Tripp, Commissioners Hurley Carpenter and S. S. Forrest, City Manager
Steve Matthews, Acting City Attorney W. L. Somers, City Secretary -Treasurer Lavenia Lowe.
Absent: Commissioner Lennis Baker and Lucian Thomas.
54--12: 67-1052 This meeting was called for purpose of giving consideration to the proposal of the Lubbock
Bus Company regarding insurance coverage on city buses, Albert Fortenberry of the Lubbock
Bus Company and Waggoner Carr, Attorney for the Lubbock Bus Company were present in the
meeting.
The following proposal was received from the Lubbock Bus Company:
April 9, 1954
Mr. Lynn Andrews
Director of Public Safety
_ City of Lubbock
Lubbock, Texas
Dear Mr. Andrews:
In regard to the insurance coverage of Lubbock Bus Company which we have been discussing,
I wish to advise that the Department of Public Safety, Safety Responsibility Division,
State of Texas has acted upon the application of this company for a self insurance certiS-
cate. This application has been approved and we have received insurance certificate
No. 55 effective April 6,. 1954.
We have at the present time a request for a quotation from Lloyd's of London for a rate
on excess insurance beginning at $10,000.00 per accident and an upper limit of $210,000.00.
I would like to request an amendment to our franchise that will, allow us to operate as a
self insured company. Our existing insurance policy expires May 11, 1954, therefore I
would like to have your answer on this at your earliest convenience.
JAF/mh
Yours very truly,
LUBBOCK BUS COMPANY
/s/ J. A. Fortenberry, Jr.
J. A. Fortenberry, Jr.
Vice President
Motion was made by Commissioner Carpenter, seconded by Commissioner Forrest, motion
carried, Mayor Tripp and Commissioners Carpenter, and Forrest voting Yea, none voting Nay,
Ordinance No. 1554 was authorized publishedo and passed on first reading.
ORDINANCE NO. 155L
AN ORDINANCE AMENDING SECTION 9 OF ORDINANCE NO. 654 ENTITLED, "AN ORDINANCE TO BE
ENTITLED AN ORDINANCE GRANTING TO J. ti. FORTENBERRY AND RAY FARMER A FRANCHISE OVER THE
STREEr4 ALLEYS AND PUBLIC THOROUGHFARES OF THE, CITY OF LUBBOCK, TEXAS, FCROPERATI.NG BUSSES;
PROVIDING FOR A COMPENSATION AND FIXING CHARGE FOR SAME; PROVIDING FOR EFFICIENCY OF SEH_
VICE AND REASONABLE RATES; PROVIDING FOR FORFEITURE OF SAID FRANCHISE AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING FOR ACCEPT-
ANCE OF THIS ORDINANCE WITHIN THIRTY DAYS FROM THE DATE OF FINAL PASSAGE;," SO AS TO PWVIDE
aND PERYdT THE FRANCHISE HOLDER TO MAINTAIN A SELF-INSURANCE PROGRAM BY THE ESTABLISHIvMT
OF A RESERVE FUND IN A MINIMUM AMOUNT OF $10,000 FOR THE PAYMENT OF ALL LIABILITY AND PRO-
PERTY DAMAGE CLAIMS; REQUIRING EXCESS INSURANCE COVERAGE FOR LIABILITY AND PROPERTY DAMAGE
CLAIMS OF $10,000 TO $lOO,000; PROVIDING FOR AUTOMATIC TERiiINATION AND CANCELLATION OF
FRANCHISE AT OPTION OF CITY COMMISSION ON FAILURE TO MEET THE REQUIWJENTS OF THIS ORDI-
idANCE; RATIFYING AND CONFII*iING THE FRANCHISE GRANTED BY ORDINANCE NO. 654 AS AMENDED;
PROVIDING FOR PUBLICATION AND THE EFFECTIVE DATE OF THIS ORDINANCE.
,54-12-607-LQSI Motion by Commissioner Forrest, seconded by Commissioner Carpenter, motion carried, Mayor
Tripp and Commissioners Carpenter and Forrest voting Yea, none voting Nay, to accept the
following proposal of Stauffer Chemical Company for Easement for water main to West Lubbock
County.
April 30, 1954
To the Mayor & Board of City Commissioners
Lubbock, Texas
Gentlemen:
Further in reference to our letters of April 13th., and 16th., 1954 following the exchange
of conversation between our Mr. Bert Woolridge and Messrs. Holmes and Scott, City of Lubbock
Planning Engineers, we have revised and submit the following Proposal:
1. Our Company will sell the City of Lubbock the 25 foot easement they request, for the
consideration of $1.00 for the location of their water lines.
2. We request the City of Lubbock to give us an easement -on this 25 foot Right -of -Way
for the passage and crossing of our trucks, personnel and equipment.
3. The City of Lubbock to assume all maintenance costs on their water lines on this Right -
of Way.
4. Further, our Company at thiskime requests permission from the City of Lubbock to have
access to the water facilities available from the City owned Water Pump No. 37, located
near the South corner of our tract, and on the South side of the main line of the
SAnta Fe Railroad.
It would be our intention to use the facilities provided by the aforementioned pump for the
purpose of fire protection for our plant, and fire protection only. The possibility of
fire in our plant is very remote, but insurance provisions require access to an adequate
water supply and pump No. 37 will fist that catagory. At the time of plant erection we plan
to install a jet type water system (211 pump) of sufficient capacity to provide for our
water needs for sanitary purposes there being no other need for water ccnsumption for our
plant operation. Obviously, thi;�rould be insufficient capacity when applied to fire fight-
ing. It is our purpose to correlate the use of pump No. 37 with an enclosed reservoir,
that we would erect with pressure for fire fighting maintained from this reservoir by a
booster pump installed by ourselves. Our only demand on pump No. 37 would be to replenish
the water that would have been used from the reservoir when combating a fire.
The City of Lubbock to be held harmless, if fcr any reason they are unable to furnish us
with water for firefighting purposes from well No. 37. These reasons include insufficient
water in well, failure of electric power, breakage of pump or motor and any other reasons
that might cause an insufficient supply of water.
Should at any time the City of Lubbock decide to abandon Well No. 37, we would like to have
the privilege of taking over the same or of obtaining permit for same at no cost of Stauffer
Chemical Co. so that we may drill at our own expense, at that time a well for fire fighting
protection.
Should. the City of Lubbock desire to drill a new well to replace well No. 37, and not be
desirous of using the same locating, we would entertain the idea of negotiating with the
City of Lubbock in granting them the privilege of drilling the new well on the Stauffer
Chemical Co. tract under the same terms as previously mentioned.
In the event City of Lubbock Well No. 37 was lost completely, Stauffer Chemical Co. would
expect. the City of Lubbock to make a constant and conscientious effort to serve our plant
with adequate water for fire protection needs from City of Lubbock Booster Station, or from
another City of Lubbock Well located near our plant.
6. The City of Lubbock to assume all costs and provide a 6 inch/IlRee, with control valve
or valves, from City of Lubbock pump No. 37, to north boundary line of 25 foot easement.
The City of Lubbock to furnish and install this above mentioned pipe line at no cost
to Stauffer Chemical Co.
We shall. appreciate your early favorable consideration to this revised proposal.
EGH:bdw
WEST LUBBOCK COUNTY WATER SUPPLY LINE
PERMANENT WATER PIPE LINE EAS&ENT
THE STATE OF TEXAS 0
0 KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUB30CK Q
Yours very truly,
STAUFFER CH& ICAL CO.
/s/ E. G. Holmes
E. G. Holmes, Sales Manager
Agricultural Chemical
Division
Southern Region
THAT the STAUFFER CHEMICAL COMPANY, a Corporation, of the County of New York, State of
New York, for and in consideration of the sum of One and N0/100 ($l.•00) Dollars, to it cash
in hand paid by the CITY OF LUBBOCK and other valuable consideration, the receipt of which
is hereby acknowledged and confessed, have this day GRANTED, SOLD and CONVEYED and by these
presents does GRANTj. SELL and CONVEY unto the CITY OF LUBBOCK, a Home Rule Municipal Corpora-
tion of Lubbock County, Texas, a permanent and perpetual easement which includes the right
to construct, reconstruct and perpetually maintain large water lines together with appurten-
ances including valves in, on, under and across all that property lying and being situated in
Lubbock County, Texas, being further described as follows, to -wit. -
Beginning at the point, of intersection of the north ROW line of Panhandle
and Santa Fe Railway Co. (Clovis Branch) with the. East line of Section 14,
Block A, Lubbock County, Texas;
Thence in a northwesterly direction along said north ROW line, a distance
of 976.4 feet to a point;
Thence east, a distance of 45.88 ft. to a point, said point being 75 ft.
from and perpendicular to centerline railroad track;
Thence in a southeasterly direction 75 ft. from and parallel to centerline
railroad tracks, a distance of 921.64 ft. to a point in the east line of
Section 14, Block A;
Thence south along the east line of Section 14, Block A, a distance of
29.81 ft. to the point of beginning.
Containing .54 acres, more or less.
That for and in such same consideration, STAUFFER CHEMICAL COMPANY, a Corporation,
of the County of New York, State of New York, has further GRANTED, SOIdu and CONVEYED and
by these presents does GRANT, SELL and CONVEY unto the CITY OF LUBBOCK a temporary work-
ing easement as hereinafter described which such temporary working easement is to be used
only during construction of water lines in the hereinabove described permanent easement and
such temporary working easement shall automatically in all things expire and ipso facto
revert to the STAUFFER CHEMICAL COMPANY, a Corporation, its successors and assigns, without
further writing on January 31, 1955, such temporary working easement lying and being situat-
ed in Lubbock County, Texas, and being further described as follows, to -wit:
Starting at the intersection of the north ROW line of Panhandle and Santa Fe
Railway Co. (Clovis Branch) with the east line of Section 14, Block A, Lubbock
County, Texas;
Thence north along the east line of Section 14, Block A. a distance of 29.81
ft. to a point,,said point being 75 ft. from and perpendicular to centerline
of railroad tracks, and said point being the point of beginning;
Thence in a northwesterly direction, 75 ft. from and parallel to centerline of
railroad tracks, a distance of 921.641to a point;
Thence east, a distance of 45.88 ft. to a point, said point being 100 ft. from
and perpendicular to centerline of railroad tracks;
Thence in a southeasterly direction, a distance of 866.96 ft. to a point, said
point being in the east line of Section 14, Block A;
Thence south along the east line of Section 14, Block A, a distance of 29.81
ft. to the point of beginning.
Containing .51 acres, more or less.
It is understood and agreed that STAUFFER CHEMICAL COMPANY, a Corporation, the grantor
herein, reserves unto itself over and across the permanent easement herein described, the
right to cross, in an approximate north -south direction, such easement with all types of
personnel, equipment, trucks, utility lines and railroad trackage and further, all con-
struction, reconstruction, maintenance or repair of such water lines shall be at the cost
and expense of the CITY OF LUBBOCK.
It is further understood and agreed that the CITY OF LUBBOCK., its successors, assigns,
agents, workmen and legal representatives shil have full use and enjoyment of the perpetual
easement herein conveyed and shall have the right to enter upon the same at any and all times
and seasons for any purposes whatsoever; and further, the CITY OF LUBBOCK owned water pump
No. 37 is to be made available for the furnishing of water to STAUFFER CHEMICAL COP,PANY for
fire protection purposes only, the water from such pump to be placed in an enclosed reservoir
on the property of the STAUFFER CHEMICAL COiAPANY for the purpose of using a booster pump
and pressure system furnished and installed by STAUFFER CHEM.IC" COMPANY to adequately combat
the possibility of fire to the premises of STAUFFER CHEMICAL COMPANY and the only water to
be used from said water pump No. 37 would be to replenish the water that may be used from
the reservoir while combating fire provided however, STAUFFER CHEMICAL COMPANY, a Corporation
does hereby agree and covenant and bind its successors and assigns to indemnify and hold
harmless, the CITY OF LUBBOCK from any liability, damages or claims which may result from
there being insufficient water for fire fighting purposes from such well such as, but not
limited to, insufficient water in the well, failure of electric power, breakage of pump or
motor and any other reasons that might cause an insufficient supply of water; provided, further,
that should the CITY OF LUBBOCK.. for any reason and within its discretion, determine to aband-
on well No. 37, the STAUFFER CHEMICAL COMPANY, shall have first option for a reasonable time
to purchase the well abandoned, at a reasonable cost to be determined between the parties;
provided, further, that should the CITY OF LUBBOCK, in its discretion, determine to drill
a new well to replace well No. 37 in another location, then further negotiations between the
parties hereto will be made to determine the advisability, feasance and consideration in-
volved in granting to the CITY OF LUBBOCK the privileges of drilling such new well on
property owned by the STAUFFER CHEMICAL COidANY under the terms to be agreed upon between
the parties; and provided further, that in the event the CITY OF LUBBOCK water well No. 37
is ever lost completely, the CITY OF LUBBOCK shall make a constant and conscientious effort
to serve the premises of STAUFFER CHEMICAL COMPANY with adequate water for fire protection
needs from the CITY OF LUBBOCK Booster Station or from another CITY CF LUBBOCK well located
near such premises but the CITY OF LUBBOCK shall never be held liable in damages of any kind
or nature for its failure to so provide such water; and provided further, the CITY OF LUBBOCK
shall pay all cost and provide a six inch (611) pipe line with control valves from the CITY
OF LUBBOCK pump No. 37 to the North boundary -line of the twenty-five foot (25') permanent
easement herein conveyed, all of such line to be furnished and installed by the CITY OF
LUBBOCK, at no cost and expense to STAUFFER CHEMICAL COMPANY.
TO HAVE AND TO HOLD the above described premises together - with all and singular, the
rights and appurtenances thereto in anywise belonging unto the said CITY OF LUBBOCK, its
successors and assigns forever and the. STAUFFER CHEMICAL COMPANY a Corporation, does hereby
bind its successors and assigns to warrant and forever defend, all and singular, the said
premises unto the CITY OF LUBBOCK, its succedsors and assigns against every person whomso-
ever lawfully claiming or to claim the same or any part thereof.
frig d WIJNESS the hand of STAUFFER CHEMiICAL COMPANY, a Corporation, acting by and through
J / its officers heretofore duly authorized on this, the -�4 day of hl , 1954.
u ba�K Co STAUFFER CHEMICAL COMPANY
By.- A i R u ?- 2-e y,
PRESIDENT
ATTEST;
ECRETARY
THE STATE OF NEW YORK
COUNTY OF NEW YORK
BEFORE MEN the undersigned authority, a Notary Public in and for New York County, New
York, on this day personally appeared a , President of STAUFFER
CHEXdCAL COMPANY, a Corporation known to me to bWtfre person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same as the act and
deed of STAUFFER CHEMICAL COMPANY, a Corporation, for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
(SEAL)
day of , A. D., 1954.
-A/ 21 e_ � s ; Q
Notary Public, New York
County, New York.
No further business coming up for consideration, the City Commission recessed to meet
May 3, 1954, at 10:00 A.M.
Read and approved, this the 24th day of Jane , 1954.
r
l-
venia Lowe, City Secretary -Treasurer