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,
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