HomeMy WebLinkAboutMinutes - City Council - Regular - 5/31/1949RECESSED REGULAR METING
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Lubbock, Texas
May 31, 1949
The City Commission of the City of Lubbock, Texas, met at 2:00 P.I'. in
recessed regular session, recessed from regular meeting of May 26, 1949;
at the regular meeting place in the City H:n11, the following' members thereof
being present, to -wit:
Malror W.N. Rodgers, Commissioners !%T.B. Price, E. K. Fufstedler, Jr., Clarence
K. Whiteside, John Spikes, City Attorngy Vaughn E. Wilson, City Manager Steve
Matthews, City Secretary Lavenia Lowe.
Absent: None
This bein-. the date Get to receive bids on paving, Resolution providing for
the improvements being of record in Yinute Book 8, Page 480; and, Resolution
adopting Plans and Specifications and Directing Advertipement for bids - under
GWO 512 - being of record at Pafre 495, Minute Book 8, whereupon, motion was
made by Commissioner Hufstedler, seconded by Corvissioner Whiteside, carried
unanimously, the followin7 bids be opened and read-
Item Description No. of Holland Page Ker tj�� Middleton L.A.Purtell Upi
u ' n b . oC rxc
Unit Total Unit Total Unit Total
Price Price Price
1 Subgrade Preparation 111,426.92 91 10,585.56 ll� 12.1256-96' 10¢ �11,142.69.
S.Y. . . "''' f i ll
2
Concrete- Burb & Gut-
57, 3F7.43 '
1.17r4
b7,143.2` -
1.24
7J�,,100.41
1.20
b13, Sbl�.
ter, or 30tt separate.
L.F.
'
'
Gutter
Pavement,,, including
V 52740-36.7
, � 707.
2
07.0 1 .78
T 74,�77.•
uncrushed caliche base,
S.Y.
1781
i
etc.
Pavement, uncrus e
, 7
0, . 4 -
- - -
- -
lt.
caliche base & Hot Mix
S.Y.
o 3
Asphalt
OA-2 0 Asphalt to b
10M
.14
140.00
0 100.00 .12
120.
.added or deducted.from
Gal.
`
Items Nos. 3 & 4.
_
TOTAL, Items 1, 2, & r,
;716.71
j_ 2,02 4. M,
TOTAL, Ttems 1,77717 5
-
1
9.822.19
Oct.
15, 749
Octo. 15, 1949—
After discussion of bids received, motion was made by Commissioner Spikes,
seconded by Commissioner Price, carried unanimously, that the contract for
this navina, bP -.--ded to Holland -Page of Austin, Texas, theirs being; con-
sidered the lowest and best bids and the Mayor is hereby authorized tb enter cont
Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried
unanimously, the following Resolution was nassed.
RESOLUTION
BE IT RESOLVED BY THE CITY CM 1IS S 1' ON OF TH"-, CITY OF LUBBOCK, TF.X �S
TFgT Mayor W. H. Rodgers be and he is hereby authorized :Znd directed to
execute the Instrument of Transfer on the Lubbock MunJ_cipal Airn_ort dated
May 16, 1949, and,
BE IT FURTHER RESOLVED:
THAT the City of Lubbock will be bound by the terms, reservations, res-
trictions and conditions imposed by the aforesaid Instn.zmer.t of Transfer.
On motion of Commissioner Hufstedler, seconded b1T Commissioner Price,
the foregoing Resolution was unanimously passed by an affirmative vote of
the City Commission of the City of Lubbock, Texas this 31st day of May, 1949.
ATTEST:
Lavenia Lowe
City Secretary
W.H. Rods-ers
Mayor
ct.
INSTRUP-MNT OF TRANSFER
THIS AGREEMENT, made this 16th day of May, 1949, between the United
States of America acting by and through the War Assets Administrator under
and pursuant to Reorganization Plan One of 1947 (12 F.R. 4534) and the powers
and authority contained in the provisions of the Surplus Property Act of
1944, as amended, and applicable rules, regulations, and orders, Party of
the First Part and the City of Lubbock, Texas, a body politic, under the laws
of th e State of Texas, Part-7 of the Second Part.
WITNFS`FTN: That the said Party of the First Part for and in consideration
of the assumption by the Party of the Second Part of all the obligations and its
taking subject to certain reservations, restrictions, and conditions its cove-
nant to abide by and acreement to certain other reservati or.s; restrictions,
conditions, and exceptions as hereinafter set ;out, all its rlo-ht, title and
interest in and to the followinrr described property situated in the Counter of
Lubbock, State of Texas, upon land commonly known as South Plains Army Air
Field and described in Instrument of Transfer between the United States of
America and theCity of Lubbock dated January 4, 1949, and recorded in Volume
383 at page 144 of the Deed Records of Lubbock County, Texas, reference being
hereto made to said Instrument of Transfer the same as if fully set out herein,
'to -wit
BUILDING NOS. DESCRIPTION
T-1700 G-te Hous e
T-1701 Sentry Box
T-3339 Nurses Qu.arters & mess
together with all building installations or appurtenances to the buildings
herein transferred.
Said property transferred hereby was duly declared surplus and was assigned
to the War Assets Administration for disposal, acting pursuant to the provisions
of the above -mentioned Act, as amended, Executive Order 9689, and applicable
rules, regulations, and orders.
By the acceptance of this Agreement or any rights hereunder, the said Party
of the Second Part for itself, its successors and assirgns, agrees that the trans-
fer of the property transferred bT this Instrument is accepted, subject to the
following restrictions set forth in subparjmrpha (1) and (2) of'this paragraph
which shall run with the land, imposed pursuant to the authority of Article 4,
Section 3, Clause 2 of the Constitution of the United States of America, the
Surplus Properti.- Act of 1944, as amended, Reorganiza.t$pn Plan One of 1947 (12 F.R.
4534) and applicable rules, regulations and orders.
(1) That extent -as provided in subparagraph (6) of the next succeeding
unnumbered paragraph the building and installations transferred by this InstnT-
ment shall be used for public airport property for the use and benefit of the
public on reasonable terms and without unjust discriminatio#�and without grant
or exercise, any exclusive right for use of the building and irct.allations within
the meaning of the term ►►exclusivetl right as used in subparagraph (4) of the
next succeeding' paramraph.
(2) That except as provided in subparagraph (6) of the next succeeding
parasTraph the buildin7 and installation- transferred by this Ir.stniment shall
be maintained for the use and benefit of the public at all times in good and
serviceable condition, provided, however, thet such maintenance shall be re-
quired as to such building' and installations only during the remainder of their
estimated life as determined by the Civil Aeronautics Administrator or his Succes-
sor.
By the acceptance of this Instrument of Transfer or any rights hereunder
said Party of the Second Part for itself, its successors and assi7ns also assumes
the obligations of, covenants to abide by and agrees to, and this transfer is made
subject to the following reservations and restrictions set forth in naragraphs
(1) to (6) inclusive, of ti,is para-raph which shall run with the land, i^nnnsed
pursuant to the authority of Article 4, Section 3, Clause 2 of the .Constitution
of the United States of America, the Surplus Property Act of 1944, as amended,
Reor-anization Plan One of 1947 (12 F.R. 4534) and applicable niles, regulations,
and orders;
(1) That insofar as it is within its powers, the Party of the Second Part
shall adequately clear and protect the aerial aprroaches to the airport by re-
moving, lowering, relocating, marking, or i.ig'hting or otherwise mitigating exis-
ting airport hazards and by preventing' the establishment or creation of future
airport hazards.
(2) That the United States of America (hereinafter sometimes refer,ed to
as the "Government") through any of its employees or agents shall at all times
have the right to make nonexclusive use of the landing' area of the airport at
which any of the property transferred by this instrument is located or used,
without charge: Provided, however, that such use may be limited as may be de-
termined at any time by the Civil Aeronautics Administrator or his successor to
be necessary to prevent undue interference with use by other authorized aircraft:
Provided, further, that the Government shall be obligated to pay for damapes
caused by such use, or if its use of the landing area is .substantial, to contribute
a reasonable share of the cost of maintaining and operating the landing area,
commensurate with the use made by it.
(3) That during any national emermency declared by the President of
the United States of .America or the Congress thereof, the Government shall
have the right to make exclusive or nonexclusive use and have exclusive
or nonexclusive control and nossession,without charge, of the airport at
which any of the property transferred by this instrument is located or used,
or of such portion thereof as it may desire; provided, however, that the
Government shall be responsible for the entire cost of maintaining such part
of the airport as it may use exclusively, or over which it may have exclusive
possession or control, durinm the period of such use, possession, or control,
and shall be obligated to contribute a reasonable share, commensurate with
the use *rode by it, of the cost of maintenance of such property as it may use
nonexclusively or over which it may have nonexclusive control an d possession;
Provided, further, that the Government shall pay a fair rental for its use,
control, or possession, exclusively or nonexclusively of any improvements to
the airport made without United States aid.
(4) That no exclusive right for the use of the airport at which the
property transferred by this instrument is located shall be vested (directly or
indirectly) in any person or persons to the exclusion of oth-rs in the same
class, the term 11exclusive rigbtlt beinm defined to mean-
(1) Any exclusive right to use the airport for conducting
any particular aeronautical activity requiring operation
of aircraft;
(2) Any exclusive right to en -age in the sale of supplying
of aircraft, aircraft accessories, equipment, or supplies
(excluding the sale of Fasoline and oil), or aircraft
services necessar- for the operation of aircraft (including
the maintenance and repair of aircraft, aircraft engines,
propellers, and appliances.)
(5) That, except as provided in subparagraph (6) of this paragraph, the
property transferred hereby may be successively transferred only with the pro-
viso that anir such subsequent transferee assumes all the obligations imposed
upon the Part,-,- of the Second Part by the provisions of this instrument.
(6) That no property transferred by this instrument shall be used, leased,
sold, salvaged, or disposed of by the Party of the Second Part for other than
airport purposes without the written consent of the Civil Aeronautics Adminis-
trator, which shall be granted only if said Administrator determines that the
property can be used, leased, sold, salvaged, or disposed of for other than
airport purposes without materially and adversely affecting the development,
improvement, operation, or maintenance of the airport at V'ich such property
is locat-d; Provided, th-t no structures disposed of hereunder shall be used
as an industrial plant, factory, or similar facility within the meanin- of
Section 23 of -the -Surplus Property Act of 1944, as amended, unless the Party
of the Second Part shall pay to the United Slates such sum as the War Assets
Administrator or his successor in function shall determ-'Ire to be a fair con-
sideration for the removal of the restrictior imposed by this proviso.
By acceptance of this instrument or anv rights hereunder, the Party of
the Second Part further agrees with the Party of the First Part as follows:
(1) That in the event that any of the aforesaid terms, conditions, re-
servations, or restrictions is not met, observed, or complied with by the Party
of the Second Part or by any subsequent transferee, whether caused by the legal
inability of said Party of the Second Part or subsequent transferee to perform
any of the obligations herein set out, or otherwise, the title, rig'�t of possess-
ion and all other ri-hts transferred by this instrument to the Party of the Second
Part, or any portion thereof, shall at the. option of the Party of the First Part
revert to the Party of the First Part sixty (60) da-rs followir.7 the d-ate upon
which demand to this effect is made in writing by the Civil Aeronautics Adminis-
trator or his successor in function, unless within said sixty- (60) days, such
default or violation shall have been cured and all such terms, conditions, re-
servations, and restrictions shall have b^en met, observed or complied with,
in which event said reversion sh-ll not occur and title, right of possession.
and all other rights transferred hereby, except such, if any, as shall have pre-
viously revert-d, shall remain vested in the Party of the Second Part, its trans-
ferees, successors and assigns.
(2) That if the construction as covenants of anv of the foregoing reser-
vations and restrictions recited herein as covenants or the application of the
same as covenants in any particular instance is held invalid, the particular
reservations or restrictions in ouestion sha llbe construed instead merely as
conditions upon the breach of which the Government may exercise its option to
cause the title, ri,7ht of possession and all other rights transferred to the
Party of the Second Part, or any portion thereof, to revert to it, and the
application of such reservations or restrictions as covenants in any other in-
stance and the construction of the remainder of such reservations and restric-
tions as covenants shall not be affected thereby.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed as of the day and year first above vrritten.
Approved as to form and substance UNITED STATES OF ANTFRICA
John M. MontEppep_+ Acting by and through
Attorney War Assets Administrator
By Karl E. Wallace
Rig f. WALLACE
Regional. Director, Region
War Assets Administration
WITNES`=ES :
Varine Sanders
Janie M. Garrison
WITNESSES:
ATTEST:
.01 IV
lG 1
city C er
CITY OF LUBBOCK, TEXAS
By W. H. Rodgers
Mayor
Motion by Commissioner Hufstedler, seconded by Commissioner Price, carried
unanimously, the following Resolution was passed:
RESOLUTION
BE IT RESOLVED BY THE' CITY COI&IISSION OF TFT,' CITY OF LUBBOCK, TEXAS:
THAT Mayor W.H. RodgerF be and he is hereb,r authorized and directed to
execute Correction to the Instrument of Transfer on the Lubbock Municipal
Airport dated I -Jay 16, 1949.
BE IT FURTHER RESOLVED:
THAT the City of Lubbock will be bound by the terms, reservations, res-
trictions and conditions imposed by the aforesaid Correction to Instrument of
Transfer.
On motion of Commissioner Hufstedler, seconded by Commissioner Price, the
forep-oing Resolution was unanimously passed by an affirmative vote of the Cit v
Commission of the City of Lubbock, Texas, this 31st day of May, 1949.
ATTEST:
Lavenia Lowe
City Secretary
W. H. Rodzers
Mayor
CORR"'CTION TO IYSTRUMRF 7 OF TRANSFER
TF?IS AGREEMENT made and enterod into this 16th day of May, 1949, by and
between the United States of America actine by and through the !,,,'ar Assets
Administrator under and pursuant to Reorganization Plan One of 1947 (12 F.R.
4534) and the rowers end authority contained in the provisions of the Surplus
Propertir Act of 191i4, as amended, and apLlicable rules, regulations, and orders,
Party of the First Part, and the CitjT of Lubbock, Texas, a body politic, under
the laws of the State of Texas, Party of t7-e Second Part, WITNESSETH:
TH".T, ;IHF.REAS, on the 4th day of January, 1949, Party of the First Part
did bargain, sell, grant, and convey, but without warranty express or implied,
unto Party of the Second Part certain real and personal property as described
in said Instrument of Transfer, reference being hereto made to said Instrument
the same as if fully set out herein, s^id Instrument of Transfer being recorded
In Volume 383 at page 144 of the Deed Records of Lubbock County, Texas, and
WHEREAS, through mutual error and mistake of the parties hereto there was
included in said Instrument of Transfer certain personal property, and
WH4F7,AS, it is the desire of said parties hereto to correct and amend said
Instrument of Transfer to exclude the items of personal property inadvprtertlir
included in said Instrument
NOW, THE'RFFORE, for the considerations as expressed in said Instrument of
Transfer dated January 4, loro between the same part;-- hereto, said Instrument
of Transfer is hereby amended and corrected to exclude the following. described
personal property:
Declaration No. PPM-Clin-122, Pale 41, Line 5
1 Job Lot as follows: `Hamper, Air, Penumatic, Mfg. Beland Tool Co., 2 ea.
SIN 12'�38-12362, Model 13DR; 1 ea. Hammer, Air, Concrete, Breaker, Mfe.
Cleveland Model H10 SIN Iu X 9032; 17 ea. Roc', Drills 24", 1 ea. Chuck for
Tamper; 100 ea. Bits, Diamond Point Bits for Air Hammer._
Declaration No. PPM-Clin-122 Page i7., Line ?
1 Compressor, Air 4 3/16 x 2 1/8 x 2 1/2112 Mfg. Curtis, Serial No. 9569-
22610, 2 stake, Powered b1 Carl.y , , 4 Cy6le, Belt driven,
Serial 101227, Model B, Mounted on 4 wheel mark, 2 Roi-m Trailer, Serial
No. A43-10813, complete with Safety Guard, Sherman S46.
the same as if said above described personal property were not included in
said original Instrument of Transfer. All other provisions of said Instrument
of Transfer to remain in full force a-d effect.
IN WITNESS WH}�:REOF the parties herr-to have caused this Instrument to
be executed in their names and on their behalf as of the day and year first
above written.
Annroved as to form and substance
John. M_ n:cnt.gomorr
Attorney -
WITNESSES:
Varine Sanders
Janie M. Garrison
ATTEST:
Lavenia Lowe.
Zty Secretary
UNITED STATES OF AMERICA
Acting by and through
WO Assets Administrator
By_ Karl E. Wallace
KARL E. WALLACE
Regional Director
Region 7
War Assets Administration
CITY OF LUBBOCK, TEXAS
By W. 144 _ Rod7ers
Mayor
Motion by Commissioner Hufstedler, seconded by Commissioner Spikes, carried.
unanimously, the fol:!owinp- Resolution was passed:
RESOLUTION
BE IT RESOLVED BY THE CITY COnSISSI ON OF THE CITY OF LUBBOCK:
That the Mayor be and he is hereby authorized to execute for the City of
Lubbock an acceptance of a release of an oil and -as lease, said lease hereto-
fore existing as recorded in the Oil and Ga- Lease Records of Lu bboc� County,
Texas in Volume 9, Page 250, ori7inal_ly executed by the Texas Land and Mort -age
Company, Limited to the Texas and Pacific Coal and Oil Company and the Seaboard
Oil Company of Delaware and covering the North three hundred twenty (N 320)
acres of Survey No. 41, Block A, Abstract No. 59.
Passed and annroved by unanimoiz vote of the City Commission this 31st
day of May, 1949.
W. H. Rodrpers
Mayor
ATTEST:
Lavenia Lowe
City Secretary
Bids were read on purchase of traitor -for use in the Park Department, but no
action was taken.
No further business coming up for consideration, the City Commission
recessed to meet June 2, 1949, at 4 P.M.
Read and approved this th- 9th qy of June, 1949,
ATTF"T:
City S cretary.