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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/31/1949RECESSED REGULAR METING . 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.