Las Vegas City Commission Minutes, January 7, 1947 to October 26, 1949, lvc000006-161

143 RESOLUTION No. 104 On motion of Commissioner Whipple, duly seconded by Commissioner Clark RE: SEWER WAR PUBLIC carried unanimously the following resolution was adopted and order made: WORKS PROJECT #Nev. 26-116-F RESOLUTION #104 WHEREAS, the Government of the United States of America, during the recent war time emergency, constructed, acquired and established Sewer War Public Works facilities identified as Project No. Nev. 26-116-F and consisting generally of a disposal plant, pipes, pipelines, accessories and facilities for the conveyance of sewage, together with certain lands or interests in lands, in or near the City of Las Vegas, Clark County , Nevada, and WHEREAS, the Government of the United States of America, by instrument in writing dated July 1, 1946, leased the aforesaid Project to the City of Las Vegas, Nevada, and by provision in said instrument granted to said City the option, during the original term of said lease, or any renewal thereof, to purchase all of the Government's right, title and interest in and to the leased property for the agreed and stipulated consideration of the principal sum of Three Hundred twenty thousand Dollars ($320,000.00), less the amount of all rental payments made under said lease, plus interest computed at the rate of three per cent (3%) per annum on the principal sum or balances thereof, and WHEREAS, the City of Las Vegas is now considering the acquisition of all of the Government's right, title and interest in and to the aforesaid Project, by and through its exercise of the option aforesaid, and WHEREAS, a technical engineering investigation now discloses that the sewer works of said Project have depreciated a far greater rate than that anticipated at the time of the execution of the option agreement aforesaid and assumed as the basis for the fixation of a fair valuation of said Project to be paid by the City of Las Vegas upon the exercise of its option to purchase the same and WHEREAS, in the light of the facts, revealed by said investigation, that deterioration in said sewer works is progressing at a spiraling rate, resulting in an excessively increased flow of infiltrated ground waters, necessitating the additional fixed cost of treating the same, and that the utility life of said works is consequently considerably shorter than that contemplated at the time of the execution of said option agreement, obviously requiring an earlier retirement and replacement of said works, it now appears that the valuation of said Project as reflected in the consideration expressed in the option agreement for the purchase of said Project by the City of Las Vegas failed to take into account circumstances subsequently developing and unforeseen at the time of said agreement which would have materially effected a reduced and more accurate and equitable valuation, and WHEREAS, it was the intention of the parties at that time to express a consideration which reflected a reasonably accurate, fair and equitable valuation of said Project, now, therefore, be it RESOLVED by the Board of Commissioners of the City of Las Vegas, in regular session this 29th day of September, 1947, that it respectfully urge and request the Government of the United States of America, through its duly constituted agencies, to re-open and re-consider the question of the valuation for the Project aforesaid, and join with the City of Las Vegas in an examination of all the facts and circumstances now known or available having any bearing upOn a determination of a more accurate, fair and equitable consideration to be paid by said City upon the exercise of its option to purchase said Project. E. W. CRAGIN Mayor ATTEST: HELEN SCOTT REED City Clerk (SEAL) SWIMMING POOL BATH- Commissioner Baskin moved that the claim of the N. P. Van Valkenburg HOUSE CLAIM N. P. Company contractors on the swimming pool bath houses in the sum of VAN VALKENBURG CO. $10,858.00 be approved and the mayor and City clerk authorized to sign the warrant when satisfactory to the Controller and City Manager. Motion seconded by Commissioner Clark and carried by the following vote: Commissioners Baskin, Clark, Whipple and His Honor voting aye; noes, none. Absent: Commissioner Moore. WOODLAWN PARK TRACT Commissioner Whipple moved that the city accept easement across the SEWER EASMENT rear of Lots 1-9 incl, Lots 18-23 incl, Lots 10-7 incl. in Block 2 of Woodlawn Park Tract for sewer extension when satisfactory to the Legal Department. Motion seconded by Commissioner Clark.and carried by the following vote: Commissioners Baskin, Clark, Whipple and His Honor voting aye; noes, none. Absent: Commissioner Moore.