TED STATES OF AMERICA OCT15'40 PUBLIC BUILDING AND GROUNDS-No. 12 THURSDAY, SEPTEMBER 19, 1940 HOUSE OF REPRESENTATIVES, COMMITTEE ON PUBLIC BUILDINGS AND GROUNDS, Washington, D. C. The committee met at 10:30 a. m., Hon. Fritz G. Lanham (chairman) presiding. The CHAIRMAN. The committee will come to order. We have met for the consideration of H. R. 9989, a bill introduced by Representative Davis, of Tennessee. The bill will be incorporated in the record at this point, and also the report on the bill submitted by the Veterans' Administration through Gen. Frank T. Hines, Administrator. (The committee had under consideration H. R. 9989, which is as follows:) [H. R. 9989, 76th Cong., 3d sess.] A BILL Authorizing the Administrator of Veterans' Affairs to transfer certain land to the city of Memphis, Tennessee, for street-widening purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of Veterans' Affairs is authorized and directed to transfer by quitclaim deed to the city of Memphis, Tennessee, for street-widening purposes, a strip of land along the western boundary of the Veterans' Administration facility in such city, described as follows: Part of the homestead lot and the north part of lot 50 of the Barnett Graham subdivision, beginning at the point in the south property line of Lamar Avenue, ten feet east of the east property line of Dudley Street, running thence south and parallel to the proposed new center line of Dudley Street, as widened, a distance of six hundred and twenty-two and one-tenth feet; thence continuing southwardly a distance of one hundred and fifty-one and one-tenth feet to a point, which said point is seven and two-tenths feet east of the old east property line of Dudley Street; thence west a distance of seven and two-tenths feet to a point in the old east property line of Dudley Street; thence north with the old east property line of Dudley Street, a distance of seven hundred and seventy-three and one-tenth feet to a point in the south property line of Lamar Avenue; thence east with the south property line of Lamar Avenue a distance of ten feet to the point of beginning, containing an area of approximately eight thousand three hundred and fifty-three square feet, and being all of that property lying within the described limits twenty-eight and five-tenths feet east of the new center line of Dudley Street. SEC. 2. Such grant shall be conditioned upon the agreement by the city of Memphis to set back and restore as nearly as possible to their original condition the fence and gate bordering such land, at no expense to the United States. If such land shall ever cease to be used for street purposes, title thereto shall revert to the United States. (The report heretofore referred to of the Veterans' Administration is as follows:) Hon. FRITZ G. LANHAM, SEPTEMBER 10, 1940. Chairman, Committee on Public Buildings and Grounds, House of Representatives, Washington, D. C. MY DEAR MR. LANHAM: This is with further reference to your letter of June 5, 1940, requesting a report on H. R. 9989, Seventy-sixth Congress, a bill authorizing ZION 0819797 1 the Administrator of Veterans' Affairs to transfer certain land to the city of Memphis, Tenn., for street-widening purposes, which provides as follows: "That the Administrator of Veterans' Affairs is authorized and directed to transfer by quitclaim deed to the city of Memphis, Tenn., for street-widening purposes, a strip of land along the western boundary of the Veterans' Administration facility in such city, described as follows: "Part of the homestead lot and the north part of lot 50 of the Barnett Graham subdivision, beginning at the point in the south property line of Lamar Avenue, ten feet east of the east property line of Dudley Street, running thence south and parallel to the proposed new center line of Dudley Street, as widened, a distance of six hundred and twenty-two and one-tenth feet; thence continuing southwardly a distance of one hundred and fifty-one and one-tenth feet to a point, which said point is seven and two-tenths feet east of the old east property line of Dudley Street; thence west a distance of seven and two-tenths feet to a point in the old east property line of Dudley Street; thence north with the old east property line of Dudley Street, a distance of seven hundred and seventy-three and one tenth feet to a point in the south property line of Lamar Avenue; thence east with the south property line of Lamar Avenue a distance of ten feet to the point of beginning, containing an area of approximately eight thousand three hundred and fifty-three square feet, and being all of that property lying within the described limits twenty-eight and five-tenths feet east of the new centerline of Dudley Street. "SEC. 2. Such grant shall be conditioned upon the agreement by the city of Memphis to set back and restore as nearly as possible to their original condition the fence and gate bordering such land, at no expense to the United States. If such land shall ever cease to be used for street purposes, title thereto shall revert to the United States." The bill would authorize the transfer by quitclaim deed to the city of Memphis Tenn., for the purpose of widening Dudley Street, a strip of land approximately 773 feet long and 10 feet wide at one end and 710 feet wide at the other end, said strip of land being located along the western boundary of the Veterans' Administration facility, Memphis, Tenn. The right-of-way agent of the city of Memphis has furnished a blue print of the plan of widening Dudley Street from Lamar Boulevard to Sledge Avenue, a photostat copy of which is enclosed. This street-widening project is a part of a rather comprehensive plan of improvement of the southwestern part of the city in the immediate vicinity of the Veterans' Administration facility. It will be noted that the greater portion of the property to be acquired for this project is on the east side of Dudley Street. On the west side, however, a number of pieces of property have been acquired by the city. In this connection it is believed proper to take into consideration the fact that the city has a project in contemplation for the widening of Lamar Boulevard on the north side of the Veterans' Administration facility. However, the additional land acquired for that project is to be taken entirely on the side opposite the facility reservation. If the city of Memphis is to be given this property, it will mean that approximately 20 pieces of evergreen and other shrubbery will have to be moved and in addition 5 trees, 3 of which may be transplanted successfully. The possible loss of any trees is considered a serious matter particularly in view of the fact that during the past few years a number of fine trees on this reservation have been destroyed by storm. It is our purpose to protect the remaining trees in every way possible. The street-widening project, with which we are here concerned, will no doubt tend to improve the neighborhood in which the facility is located. Further, it is our policy to cooperate with local governments to the fullest extent compatible with the interest of the Federal Government. The Veterans' Administration would, therefore, offer no objection to the enactment of the proposed measure provided that in line 4, page 1, of the bill the words "transfer by quitclaim deed” are eliminated and the words "grant an easement" are inserted in lieu thereof. Further, that section 2 of the bill be amended to read as follows: "SEC. 2. Such grant shall be conditioned upon the approval by the proper authorities of the city of Memphis of an agreement to (a) construct a concrete wall with stone coping along the facility limits on Dudley Street in accordance with specifications to be furnished by the Administrator of Veterans' Affairs so as to provide a wall identical with the one now existing along the Lamar Boulevard, (b) move the existing chain link fence and gates, and place the fence on top of the wall, (c) move and replant such trees and shrubs as have to be removed from their present location, replace such trees as will not stand moving and replace any such trees and shrubs that do not survive, and (d) restore all areas within the reservation affected by this work as nearly as possible to their original condition including any necessary sodding; all without expense to the United States. The easement authorized by this act shall contain the express reservation that should the land cease to be used for street-widening purposes then all right, title, and interest therein shall immediately revert to and revest in the United States." Advice has been received from the Bureau of the Budget, that there would be no objection by that office to the presentation of this report to your committee. Very truly yours, FRANK T. HINES, Administrator. The CHAIRMAN. We have with us this morning Representative Davis, whom we shall be pleased to hear with reference to this measure. You are familiar with the two amendments which have been suggested by the Veterans' Administration? STATEMENT OF HON. CLIFFORD DAVIS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TENNESSEE Mr. DAVIS. Yes, Mr. Chairman. And both of those amendments are entirely satisfactory to the city of Memphis. We are very proud of the veterans' facility of Memphis. It is a very imposing building, located on the corner of Lamar and Dudley Streets. It so happens that Dudley Street is very narrow, and the city has an extensive construction series of projects in that section of the city. It is intended to widen Dudley Street at the Veterans' Hospital, which will improve the appearance of the property and will also add to the safety and convenience of the facility. The CHAIRMAN. How wide will the street be after this improvement is made? Mr. DAVIS. I think that street will be about 44 or 46 feet wide. And it is necessary, under the terms of this bill, to acquire that portion, and, as I say, it is entirely satisfactory that it be changed to an easement instead of an out-and-out deed, because we understand the circumstances. The CHAIRMAN. And you understand that the improvement suggested will also be made? Mr. DAVIS. Yes. The CHAIRMAN. With reference to the restoration of the property, moving the trees and replacing certain trees. Mr. DAVIS. Oh, yes. In other words, it is important enough to the city of Memphis so that they are willing to stand all that expense without it costing the Government anything. They will put the fence back, undertake to plant or replant the trees, remove the shrubbery and replace it, and under the terms of this amendment restore the property as closely to its present condition as possible. The CHAIRMAN. This is a street of rather heavy traffic? Mr. DAVIS. Yes. And then, Mr. Chairman, there is an entrance to a cemetery some three or four blocks to the south. And this cemetery naturally increases the flow of traffic along Dudley Street. The CHAIRMAN. And the traffic is considerable to the hospital facility, I assume. Mr. DAVIS. Yes. In other words, it is important to the city of Memphis, and we are very anxious to get this bill passed at this session of Congress, if the committee reports it favorably, so the work will not be delayed. The CHAIRMAN. There is no expense to the Government involved? Mr. DAVIS. Not one penny. The CHAIRMAN. It is merely a matter of improving the civic attractiveness and the facility of traffic and without any injury being done to the Veterans' facility? Mr. DAVIS. That is correct. The CHAIRMAN. That is all. The CHAIRMAN. We will now hear from Col. George E. Ijams. STATEMENT OF COL. GEORGE E. IJAMS, ASSISTANT ADMINISTRATOR, VETERANS' ADMINISTRATION Colonel IJAMS. Mr. Chairman, my name is George E. Ijams, Assistant Administrator, Veterans' Administration. This is a bill entitled "H. R. 9989," introduced by Mr. Davis. The city of Memphis is desirous of widening Dudley Street, I think it is, and securing 10 feet from the land now owned by the Veterans' Administration, on which we operate our hospital in Memphis. The CHAIRMAN. Ten feet; and how long? Colonel IJAMS. Ten feet. And it is 700-it is in this letter of September 10-773 feet long, 10 feet and 7.2 feet wide at the other end. We are entirely agreeable to that, because it is for civic betterment in the city of Memphis. We have suggested to the committee, Mr. Chairman, only two changes in the bill as written. The first is that in lieu of the language to transfer by quitclaim deed that The CHAIRMAN (interposing). That is on page 1 in line 4? Colonel IJAMS. Yes, sir. We suggest that that language be changed to "is authorized that we would grant an easement." The CHAIRMAN. "It is authorized and directed to grant an easement to the city of Memphis, Tennessee"? Colonel IJAMS. That is correct, sir. The only other change in the bill is with regard to section 2 on line 19. The CHAIRMAN. Page 2? Colonel IJAMS. Page 2, section 2, of the bill. We have suggested a change in the language there. We have suggested that this be amended to read as follows: Such grant shall be conditioned upon the approval of the proper authorities of the city of Memphis of an agreement to (a) construct a concrete wall with stone coping along the facility limits on Dudley Street in accordance with specifications to be furnished by the Administrator of Veterans' Affairs so as to provide a wall identical with the one now existing along the Lamar Boulevard The CHAIRMAN (interposing). Just a minute. For the convenience of the reporter, that is exactly as set out in this report? Colonel IJAMS. Yes, sir; set out in the letter. The CHAIRMAN. Then he can incorporate it in your testimony. The CHAIRMAN. Then to strike out section 2 and insert this in lieu of it? Colonel IJAMS. That is correct, sir, in our letter of September 10. The only difference there, Mr. Chairman, is that we are suggesting a wall identical with the one around the rest of the property. |