Loading...
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