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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/10/1950RECESSED REGULAR MEETING Lubbock, Texas June 10, 1950 The City Commission of the City of Lubbock, Texas, met at 11 otclock A.M. in recessed regular session, recessed from regular meeting of June $, 1950, at the regular meeting place in the City Hall, the following members thereof being present, to -wit: Mayor Clarence K. Whiteside, Commissioners Harr Morris E.K. Hu L. E. Davis, Lucian Thomas, City ATtorney Vaughn E. Wilson, CityfManager� Steve Matthews. Absent: City Secretary Lavenia Lowe. e Bids having been reqd on rehabilitation of Runways (re-pavi ry, Municipal Airport, on June 8, 1950) being GWO No. 515, being recordLubbock Page 319, Minute Book 9, and this date (June 10, 1950), having been set for awarding of Contract, motion was made by Commissioner Morris, seconded by Commissio0ner Davis, carried unanimously, that contract be awarded to : z 4 Strain and Brown, Inc., San Angelo Texas, and Kerr & Middleton, of Lubbock, Texas, on their ,mint bid of nautics Administration. V09,6$0.96, subject to approval of Civil Aero- Motion by Commissioner Hufstedler, seconded by Commissioner Davis, carried unanimously, to authorize the City Auditor, P. L. Cochran, to hold checks in payment of accounts, when firms owe the City delinquent personal or real pro- perty tax, until such time as said delinquent taxes has been paid. Motion by Commissioner Morris, seconded by Commissioner Davis, carried unani- mously, the following Resolution was passed: RESOLUTION WHEREAS, a conditional conveyance of the real pproperty comprising; Reese Air Force Base, such conveyance executed July 5, 1949, recorded in Vol. 407, Page 343, Deed Records of Lubbock County, Texas, was made by the City of Lubbock to the United States Government, and, WHEREAS, the City Commission of the City of Lubbock has been informed, through United States Government agencies that the Base has been made a permanent military installation and the Government will make permanent improvements at the Base, including permanent housing under the Wherry Housing Act, when the City conveys the land comprising the Base, tad thout the condition stated in said con- veyance, and, WHEREAS, the City Commis>ion of the City of Lubbock, acting in the public interest c_)nsistent with the provisions of Article 1269J, Section 7, Revised Civil Statutes of Texas, desire to execute the conveyance, but reserving to the City of Lubbock all Oil and Gas minerals and every right pertaining to the Cityts ownership of the Oil and Gas minerals in the land comprising the Base, THEREFORE; BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK) TEXAS: 1. THAT, in consideration of the premises and for the considerations and privileges above set out, the Governing Body of the City of Lubbock, Texas, pro- poses to convey the land comprisin Reese Air Force Base (as described in the conditional deed recorded in Vol. , Page 343, Deed Records, Lubbock County, Texas) to the United States of America, reserving all Oil and Gas minerals and every right, privilege and appurtenaAce pertaining thereto, and to the City of Lubbock's ownership of such Oil and Gas minerals in the land comprising Reese Air Force Base, provided that it is agreed between the City of Lubbock and the United States of America in such conveyance that should the reserved Oil and Gas minerals ever be lawfully construed or determined to be "fissionable material It or ttsource material,'? as t'�_ose terms are defined in the Atomic Ener y Act of 1946) the City of Lubbock and its assigns shall receive just compensation therIfor as their interest may appear. On motion of Commissioner Morris, seconded by Commissioner Davis, the fore- going Resolution was unanimously passed by an affirmative vote of the City Commission this loth day of June, 1950. Clarence K. Whiteside Clarence X. Whit-es0e, Mayor ATTEST: Harvey Austin ActingCity-Secretary Motion by Commissioner Morris, seconded by Commissioner Davis, carried unani- mously, the following Resolution was passed: RESOLUTION WHEREAS, the City of Lubbock, Texas, pursuant to resolution duly passed on the 5th day of July, 1949, conveyed to the United States of America in con- nection with Reese Air Force Base, Lubbock County, Texas, among other property, a radio transmitter site containing ten flo) acres and being described as follows: A parcel of land described as beginning at the Northwest corner of the Southwest Quarter (SW�) of Section Two (2) Block D6; thence East 660 feet; thence South 660 feet; thence West 660 feet; thence North 660D feet to the place of beginning; all located in the County of Lubbock, State of Texas; and WHEREAS, the instrument of conveyance vontained the provision, "That in the event the United States of America ceased to use said lands for the purpose of a military airfield or other military purposes, then and in that event, the land shall immediately revert to the City of Lubbock, Texas; It and WHEREAS, an applic tion has been made by the State of Texas for an easement for right-of-way forty 1401) feet in width along the West boundary line of said above described tract, and -the UNited States of America is willing to grant said easement• but because of the reverter clause in the instrument of conveyance above mentioned, it is deemed advisable that the City of Lubbock, TExas, execute a consent to the granting of such easement. NOVI THEREFORE, BE IT RESOLVED by the City Commission of the City of Lubbock, Texas, that Clarence K. Whiteside, Mayor of the City of Lubbock TExas, be and he is hereby authorized and directed to execute a content on behalf of the City of Lubbock, Texas, to the granting of a right -of --ray easement by the United States of America to the State of Texas, for a forty (40') foot strip of land along the West side of the above described property. On motion of Commissioner Morris, seconded by Commissioner Davis, the fore- going Resolution, with a copy of the proposed easement for right-of-way attached, was unanimously passed by the City Commission of the City of Lubbock, Texas, on tthis 10th day of June, 1950. ATTEST: _ Harvey Austin Acting City Secretary (SEAL) Olarence K. Whiteside Clare ce I. Whiteside, Mayor CONSENT TO GRANTING OR RIGHT-OF-WAY EASEMENT Pursuant to the authority and direction of the City Commission of the City of Lubbock, Texas, consent is hereby given to the United States of America to grant an easement for right-of-way to the State of Texas for a forty (+0' ) foot strip of land lying along the West side of the property described as follows: A parcel of land described as beginning at the Northwest corner of the Southwest Quarter (SW�) of Section Two (2), Block D69 thence East 660 feet thence South 660 feet, thence West 660 feet, thence NORth 6�0 feet to the place oT beginning; all lo- cated in the County of Lubbock, State of Texas. DATED this loth day of June, 1950. Clarence K. Whiteside Clarence K. WJXesidej Mayor ATTEST: Harvez-Austin Acting City Secretary (S--AL) DEPARTMENT OF THE AIR FORCE EASEMENT FOR ROAD OR STREET ON RADIO TRANSMITTER AREA REESE AIR FORCE BASE, TEXAS . THE SECRETARY OF THE AIR FORCE, under and by virtue of the authority vested in him by Section 7 of the Act of Congress approve 24 July 1946 (60 Stat. 643; 43 U.S.C. 931b), and the.Act of Congress approved 26 July 1947 (61 Stat. 502; 5 U.S.C. 626), having determined that the ranting of this easement will not be incompatible with the Government interest, hereby grants to the STATE OF TEXAS, hereinafter designated as the grantee, an easera nt for a right of way for a road or street over, across, in, and upon lands under the control of the Secretary of the Air Force described as follows: A forty foot (40t) strip of land located in Lubbock County, Texas described as follows, to -wit: Beginning at the Northwest corner of the Southwest Quarter (SW�) of Section Two (2), Block D6, Lubbock County, Texas; Thence along said section lime South 660 feet; Thence East 40 feet in said sec- tion; Thence North 660t in said section; Thence West 40 feet t•o the Northwest corner of the Southwest Quarter (SW�) of said Section Two (2), Block D6, to the point of beginning, as shown on Exhibit "A", attached hereto and made a part hereof. THIS EASEM�;NT is granted subject to the following provisions and conditions: 1. That the construction, use, andmaintenance of said road or street, including.culverts and other drainage facilities, shall be performed with,,ut cost or expense to the United States, under the general supervision and subject to the approval of the officer having immediate jurisdiction over said premises. 2. That the grantee shall at all times maintain said road or street in good condition and shall promptly make all repairs thereto needed to preserve a smooth -surface highway. 3. That qny property of the United States damaged or destroyed by the grantee incident -�o the use and occupation of the said premises shall be promptly repaired or replaced by the grantee to the satisfaction of the said officer, or in lieu of such repair or replacement the grantee shall, if so required by said officer pay to the United States money in an amount sufficient to compensate for the loss sus- tained by the United States by reason of damages to or destruction of Government property. 4. That the use and occupation of said lands of the United States for the purposes authorized by this instrument shall be subject to such rules and regu- lations as the said officer may prescribedfrom time to time in order to properly protect the interests of the United States. 5. That the United STAtes shall in no case be liable for any damages or injuries to the said road or -street which may be caused by or result from any operations undertaken by the Government, and no claim or right to compensation shall accrue from such damages or injuries, except as otherwise provided in condition 10 hereof. 6. That the {united States reserves the right to na ke such connections be- tween the road or street herein authorized and roads and streets on said lands as the Chief of Engineers may from time to time consider necessary, and also re- serves to itself rights of way for all purposes across, over, and7or under the right of way hereby granted; provided, however, that such rights shall be used in a manner that will not create unnecessary interference with the use and enjoy- ment by the grantee of said right of way for highway purposes. 7. That it is to be understood that this instrument is effective only insofar as the rights of the United States in the property over which the said road or street is to be extended and concerned, and that the grantee shall obtain such permission as may be necessary on account of any other existing rights. 8. That all or any part of such right of way herein granted may be annulled and forfeited by the Secretary of the Air Force for failure to comply with any or all of the terms or conditions of this grant, or for nonuse for a period of two consecutive years or abandonment of rights granted herein. 9. That it is understood that the provisionsoof Conditions Nos. 1 and 52 supra, shall not abrogate or interfere with any agreements or commitments made or entered into between the grantee and any other agency of the United States with regard to financial aid to the grantee in connection with the construction., maintenance, or repair of the road or street described herein. 10. That all uranium, thorium, and all other materials determined pursuant to section 5 (b) (1) of the Atomic Energy Act of 1946 (60 Stat. 761) to be pecu- liarly essential to the production of fissionable material, contained, in whatever concentration, in deposits in the lands covered by this instrument are hereby re- served for the use of the United States, to ;ether with the right of the United States through its authorized agents or represnetatives at any time to enter upon the land and prospect for, mine, and remove the same, making just compensation a for any damage or injury occasioned thereby. However, such land may be used, and any rights otherwise acquired by this dispostion may be exercised, as if no reservation of such materials had been made; except that, when such use re- sults in the extraction of any such material from the land in quantities which may not be transferred or delivered without a license under the Atomic Energy Act of 1946, as it now exists or may hereafter be amended, such material shall be the property of the United States Atomic Energy Commission, and the Corunission may require delivery of such material to it by any possessor thereof after such material has been separated as such from the area in which it was zontained. If the Commission requires the delivery of such material to itv.it shall pay to the person mining or extracting the same, or to such other person as the Commission determines to be entitled tYB reto, such sums, including profits, as the Commission deems fair and reasonable for the discovery, mining, development, production, extrac and other services performed with respect to such material prior to such delivery, j but such payment shall not include any amount on account of the value of such ma- terial before removal from its place of deposit in nature. If the Commission does not require delivery of such material to it, the reservation hereby made shall be of'J no further force or effect. 11. That the cost of relocating the existing fence shall be borne by the grantee. 12. That the grantee shall not construct or cause to be constructed, any facility which will in any way hinder, impair, endanger or obstruct the operation of equipment installed or to be installed on the tract of land belonging to the United States, as described in Exhibit ItArr attached hereto. 13. That in the event the ggrantee herein abandons the project for which this easement, is granted, title wiff revert to thq United States and cost of re- storation_ shall be borne by the grantee. 14. That the grantee shall not -sublet any of the rigghts herein granted to any other -agency, political subdivision or private indi4dual without the consent of the United States first having been sought and approved; and that the use of the land above described for any other purpose than is hereft tranted shall render this easement null and void. IN WITNESS WHEREOF I, the Assistant Secretary of the Air Force, have hereunto set my hand and affixed the seal of the Department of -the Air Force, this loth day of June, 1950. Clarence K. Whiteside -mayor ENG FORM 547-Alt Motion by Commissioner Hufstedler, seconded by Commissioner Morris, carried unanimously, Ordinance No. 999 was passed. ORDINANCE NO. 999 AN ORDINANCE APPOINTING HARVEY AUSTIN ACTING CITY SECRETARY -TREASURER DURING THE ABSENCE OF LAVENIA LOWE, AND PROVIDING THAT THE ACTING SECRETARY - TREASURER QUALIFY IN ALL RESPECTS, AS REQUIRED BY LAW, FCR THE SECRETARY - TREASURER. No further business coming up for consideration, the City Commission adjourned. Read and approved this the 13th day of July , 1950. ATTEST: Mayor M City Secretary ,ion, l