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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/27/1923Aug. 27$h. The City Commission met in regular session with the following present: Mayor, Percy Spencer, Commissioners, W. S. Posey, H. G. Love and J. 0. Jones, R. A. Sowder, City Attorney and M. S. Ruby, City Mgr. ! It was moved by unanimous vote that Secretary write the Janes Con- tracting Co. and Major Jno. Yj Hawley that there would be no other estimatespaid after Sept. 1st. un-tli all savings on ,iiatoria.l and freight were figured and a copy filed in office of Secretary. It was moved b:T unanimous vote of Commission that the City extend water lines to the 'i,Nrd School being built on ilk. 110 Overton .sdditi.on. Mr. Ruby was �_-iven a ithority to buy t ro !,.aster meters for Lne Water Department, also, drill new yell at light plant. Se retury was ordered to notify Lubbock Com Tess that the ; wo ;ld be required to install master meter on v°.ater mains running to their building within ninety days from this date. Mr. Sovider was instructed to pre,- ire trasr, ha,taling ordinance. Mr. Ruby was instructod. to 7,roceed t:i Lip the bui.li ink of wall -,round filtering bed at disposal 1 lant . Mr. Ruby was given authority to buy two new viu=,ons for Street Dep a-rtment It was moved by unanimous vote th �t ?-r. Ruby have the roof of the light plant re'r�a,ired. It was moved by unanimous vote that NIr. Ruby buy two oil tanks for the fuel oil at the li:~ht Lnt. It was moved by unamimous vote thiat Yr. Myrick oc allUwea to connect to the water mains And extend the line south of 19th. Street on Ave. N. Thep being no further business the meetin--r adjourned. J t % , or, City of Lu bock. a y e Aug 23 r . City Commission met in regular session with the following present: Mayor, Percy Spencer, Commissinners, W. S. Posey, H. G. .Love, and J. 0. Jones, R. A. Sowder, City Attorney and M. S. Ruby, City Mgr Thi'd"'being the day set for Board of Equalization, complaints were hear and disposed of in the usual way. r The llowing Ordinance was read and passed by unanimous vote by City Commission. 14J ORDINANCE N 230. The Mayor offered for consideration and passage by the City Commission Ordinance No. 230, entitled "AN ORIrIN.a4CE AUTHORIZING THE ISSU_114CE OF WIRRA14TS UNDER CONTRACT OF D iTE 110VE11BER 3rd . 1922 BETWEEN THE CITY OF LUBBOCK TEXAS AND THE JANES CONTRACTING COMPANY, CONTRACTOR, IN PAYMENT FOR ADDITIONAL It-iTERIAL A1ID LABOR, INCLUDING ROCI: EXCAVATION, IN THE CONSTRUCTION OF CERTAIN WATERWORKS AND SEWER EXTEIISIONS IN AND FOR aAIDCITY: LEVYI14G THE NECESSARY TAX TO PAY THE INTEREST iRD PROVIDE A SINKING FUND TO RETIRE S_�ID WARRA14TS AT MATURITY: AND DECLARING AN EMERGENCY." Moved by Commissioner Posey, seconded by Commissioner Joned, w au the ordinance be read in full. Mdtion carried, and the ordinance was read in full by the City Secretary. Moved by Commissioner Love, seconded by Commissioner Love, seconded by Commissioner Poser th-ht the ordinance pass its first reading,; YEAS: Commissioners Posey, Jones, Love and Wolffarth. NAYS: None. Motion carried. Moved by Commissioner Wolffarth, seconded by Commissioner Jones, that • the rules be suspended and the ordinance be placed on its second reading by caption: YEAS: Commissioners Posey, Jones, Love and Wolffarth. NAYS: None. Motion Carried. Vioved by Commissioner Love, seconder by Commissioner Jones, that the or- dinance be placed on its third and final reading by caption; YEAS: Commissioners Posey, Jones, Love and Wolffarth NL1YS : Done. Motion carried. Moved by Commissioner Posey, seconded by Commissioner Love, that the ordinance by finally passed: YEAS: Commissioners i'osey, Jones ,ZOve -and Wolffarth. • UAYa : None Motion carried. The Mayor then declared the ordinance finally adopted. ORDINANCE 230. All OkDIIIAII(,E iUTHORIZIITG THE ISSU,NCE OF WARRANTS UIIDER COIITRaCT OP Da TE NOVE11PER 3rd . , 1922 , BETIVIEEN THE CITY ')F i,UBBOCK, TEXAS, _,ND ''HE JANES CJVTRACT* ING C O1IF A11Y, CoNTR:iC "OR , IN PaYMENT FOR ALI.I TI ONAL MATERIAL :AND LABOR, INCLUDING ROCY EXCAVATION, IN THE' CONSTRUCTION OF CERT ,III WAT ERVIORKS AND SEWER EXTEIISI ONS III aND FOR SAID CITY: LEVYING THE I?ECESA SARY TAX TO eAY THE INTEREST AIID PROVIDE A STITKINC FUND TO RETII,E S.�ID V' &RR ,14TS aT MaTURI TY: aRD DE- CLtiRING Slid EMi!EGENCY. WHEREAS, the Citl7of Lubbock, Texas, through its M-ayor and City Secretary, has heretofore, namely on the 3rd. day od November, 1922, entered into a contract with Janes Contractin^ ComTany, Contractor, for the con- struction of certain waterworks and sewer extensions in and for said City, in accordance with plans and specifications heretofore adopted by said City and on file in the office of the `pity Secretary, which contract is herel y referred to and made a part hereof; and, WHERF,AS, by ordinance duly and legally adopted on the llth. day of December, 1922, by the City Commission of said City, said contract was ratified approved, confirmed and adopted as the act and contract of said City; and, WHEREAS, under the terms of said contract additional work, agreed upon b- y both parties, shall be paid for at the unit prices stipulated in said con- tract by legally issued warrants of s:id City, said warrants to bear six per cent, interest and to mature serially; and, WHEREAS? the approximate cost of the material and labor necessar-r to complete additional worl; agreed upon, including extra rock excav-ition, amounts to the sum of Thirty Five Thousand Dollars ($35,000.00) . NOW, THEREFORE, BE IT ORDAIIZEP _QY THE CITY Om' LU79BOCK, TEXAS 1. That, in accordance with the terms of said contract, warrants of s i d City, to be calie a "CITY OF LUBBOCK YLITERWORKS & SEVIER EX- TENSION VIARRUITS , SERIES 2 of 1923" , shall be issued in the sum of Thirty Five Thousand Dollars ($35,000.00). 2. Said warrants shall be numbered from one (1) to thirty five (35) inclusive, and shall be in the denomination of One Thousand Dollars (11,000.) each, aggregating the sum of Tbirty Five Thousand Dolli rs ($35,000.00) . 3. They shall be doted the day of Sept. 1923, and shall become due and ra yable as follows; WARRANT NUM'9EIiS . M ITURI TY D .TES AMOUNTS 1 & 2 Feb. 12th 1926 2 000.00t. 39 4 & 5, If ?I. 1927, 3 000.0% 6 & 7 " it1928 , 2:000.00V 89 " IT1929, 1,000.0o/ / 9 & 10, " 1930, 2,00000 11, IT 1931, 19000:00 12 & 13, It if 1932, 29000.0 14, " 19339 190000 15 & 16, " 1934, 2,000:00 179 " 19359 19000.0 18 & 199 " 19369 29000.00 20, 1937,IT .11000.00 21 & 22 " 1938, 2,000.00 231, IT 19399 1,000.00 24 & 259 it IT 1940, 29000.00 269 11j419 19000.00 27 & 28, IT 19429 21,000.00 299 " 1946 , 19000.0 30 & 319 1 IT 19449 29000.00 329 It " 19459. 19000.00 33 & 349 IT IT 1946, 2,000.00 35, 1947, 19000.00. 4, Said warrants shall be-; r interest from date until paid at the rate of six per centum (6%) per annum, payable Feb. 1st., 1924, and semi-annually thereafter on the 1st. day of Aug. and the lst. day of Feb. of each year. Past due interest shall bear interest at the rate of six per centum (6%) per annum from maturity until paid. Said interest is a part of the contract ,rice agreed to for the construction of said additional work and shall be evidenced by coupons attached to each of s .i.d warrants. At the time of delivery of s tid warrants, or any of them, to s-Lid Contractor, said Contractor shall pay to the City Treasurer the full amount of interest which has accrued on said warrants from the date of same to date of such delivery, which date shall be evidenced by date of registration of said warrants by the City Treasurer, as hereinafter rrovided, 5. Principal and interest of said warrants shall be payable at the Con- tinental & Commercial National Bank, Chicago, Illinois, uxon presentation and surrender of proper warrant or coupons. Said warrants shall provide that in the even of default in the payment of principal or interest, and the s tme is placed in the hands of an 8.ttorney for collection, or if collected by sui u, or by legal proceed- ings of any kind, an additional amount of ten per centum (10%) of the principal and interest then due, shall be added as attorney's fees. 6. Said warrants shall be signed by the Mayor, countersigned by the City Secretary and registere, by the City Treasurer, and the seal of the City shhll be impressed upon each of said warrants. Fac simile signatures of the Mayor and City Secretary may be lithographed upon the interest coupons. No. 7. The form of warrant shall be substantially as follows; UPI TED S T ,-TES OF AMERI C_I S T LTE OF TEXAS COUNTY `F LUBBOCK CITY 9F LUBBOCK WATERWORKS & SEWER EXTENSION 11ARR.UTT, SERIES 2 OF 1923. �,1,000.00 THIS IS TO CERTIFY that the City of Lubbock, a municipal corporation in the County of Lubbock, and State of Texas, under and by virtue of a valid and subsist- ing contract, is justly indebted to Janes Con�ra.cting Company, Contractor, its assigns or bearer, in the principal sum of ONE THOUSAND DOL--JARS 143 in lawful money of the United States of America, together with interest thereon, from date hereof until paid, at the rate of six per centum (6.,) per a.nnum; interest payable Feb. lst., 1924 and semi-annually thereafter on the 1st d-i.v of Aug. and the lst. da.,-r of Feb. of each year; past due interest shall bear interest at the rate of six per centum (60) per annum from maturity until paid; both principal a.nci interest payable at the Continental & Commercial National Bank, Chicago, Illinois, upon presentation :and surrender of warrant or prof er coupon; and the Citr Treasurer of said City is hereby authorized, ordered and directed to pay to the s.id Janes Contracting Comrany C�.t.�wc cur, its assigns or bearer, ,t the said bank, the said sum of One Thousand Dollars (d�1,000.00, on the lst. day of Feb. 19 , the date of maturity of this warrant, in full settlement of the indebtedness- ereby evidenced from the"Special Waterworks & Sewer Extension Warrant Fund, Series 2 of 192311, of said City, levied, assessed and created for that purxose/ IT IS HERESY especially agreed that if this warrant, or any interest coupon hereto attached, is not paid at maturit-r, and the same is placed in the hands of an attorne-j for collection after maturity thereof, or suit is filed thereon, or collection made b7 legal proceedin.-s of any kind, an additional amount of ten per centum (10-o) of the principal and interest then due, ahall be added as attorne-Ps fees. THIS is one of a series of thirty five (35) warrants, numbered consecutively from .)ne (1) to thirty five (35) inclusive, in the denomination of One Thousand Dollars ($1,000.00) each, aggregiring the sum of Thirty Five Thousand Dollars (t35,000.00), issue for the purpose of evidencing the in- debtedness of the City of iiubbock to the said Janes Contracting Company, its assigns or bearer, for additional work in the construction of waterworks and sel er extensions in and for said City, in accordance with contract between said City and s-.id Contractor, under and by virtue of the Constitution and laws of the State of Texas, and the Citv Charter of the City of Lubbock Tc;xae, and in pursuance of Ordinance No. 230 adppted by the City Commission of said City on the 23 day of August, 1923, and recorded in Book 3, page 141, et seq., of the Minutes of said City Commi sion. THE DATE of this warrant, in conformity with the ordinance above mentioned, is S'6ft.lst. 1923; and it is hereby certified and recite that all acts, conditions and things required to be done precedent to and in the issuance of this warrant have been I:roperly done and performed and have happened in re- 3-ular and due time, forzi and manner as required by law, :and ta-t the total in- debtedness o ' skid City, i-.zcludi i - this warrant, does not exceed any c..,xt- stitutional or statutory limitation. III, TESTIM011Y THEREOF, the City Commission of the Cite of Lubbock, Texas, has caused the seal of said City to be hereto affixed and this warrant to be signed by the Mayor and countersigned by the City Secretary, as of the date last above written. Mayor, i -, of Lubbock, Texas. COUNTERSIGNED: City Secretary, City o Lubboc, Tess. REGISTERED, this day of City Trdasurer, City of Lubbock, Texas. The form of interest coupon shall be substantially as follows: No. .30.00 ON THE 1st. DAY OF 1. , the City of Lubbock, Texas, will pay y, to Janes Contracting omjanContraor, its assigns or bearer, at the Continental & Commercial National Bank, C icago, Illinois, the sum of Tn.L.Luy Dollar. j gpwu.uu) , being six months' in�erest due that day on City Of Lubbock Waterworks & Sewer Exrension Warrant, Series 2 of 1923, No. , dated Sept. 1st., 1923. to which this coupon is attached and is a par ereof. Mayor. City Secretary. The following a-signment shall be printed on the book of each of said warrants; A.SS I G14METT T. This is to certify that Janes Contracting Company has received the within principal Waterworks & Sewer Extension Warrant, and the interest coupons thereto annexed, from the City of Lubbock, Texas, and for value received, hereby transfers, assigns, sells and delivers, without recourse, to W. Aq Myrick, :a.l L right, title and interest it has in and to the same, and also the proportionate part of said contract (rice -and the debt due it, with .interest thereon, by said City, which is rerresented by the amount called for by this principal warrant and the annexed coupons; and said W. A. Myrick is hereby subrogated to all claims, liens, right, or title, whether in law or in equity, which are or may be secured t? said Janes Contracting Company in said contract and it hereby authorizes him to collect the same and give full receipt and acquittance thereof in its name. JANES COIJTR tCTING COMPaRY, By I, hereby assign, sell and deliver, without recourse, to bearer all right, title -and interest I have in -,and to the above mentioned warrant and annexed coupons. 8. Said warrants shall be executed and delivered to said Contractor on estimates of material furnished and labor performed by said Contractor and accepted by said City, prior to the date of such estimates. Said estimates shall be duly audited and after inspection and accertance of said material and labor by the City commission, the amount o•f said estimates shall be allowed and warrants herein authorized exec-dted and delivered to s•:tid Janes Contracting Company for the full amount of s.:id estimates. 9. IT IS FURTHER ORDAINED that a fund be and the same is hereby made and created and shall be set aside and designated as " SPECIAL WkTERWORKS & SMYER EXTENSIONd 4,iRRAITT FUND SExIES P. OF 1923", which fund when collected shall be used to 1)ay the interest and provide the necessary sinking fund to pay said warrants at maturity, and for no other purpose; i ha.t to create said fund for the xurpose Of Taying the interest on said warrants %fid Providing sufficient sinking fund to s-ay then: at maturity, a. tax of and at the rate of seven cents (7) on the 100.00 valuation of all taxable rroverty in s iid City shall be annually levied, assessed a.nd collecte , -and said tax is here now levied for the current year, and so much thereof as shall be necessary for each succeeding year while said warrant or an_, of them are outsta.ne ink; and unpaid, and the s-.me shall be anrually assessed a*,d collecte: and applied to the purpose named. 10. The fact that the City of Lubbock is in urgent need 6f the wq.terworks and sewer extensions herein contemplated, creates an emergency and an imperative public necessiV7 that the rules requiring ordinances to be 'read at more than one meeting of the City Commission be suspended, and it is so ordained,•nd this or- dinance shall t-ike effect and be in force from and after its passage and approval. PASSED? this the 23 day of lugust, 1923. AI i ROVED, this the 23 day of Aug;ies, 1923. P. Spencer Mayor, City of Lubbock, Texas. Attest, J. R. Germany City Secretary, City of y Lubbock, Texas. City Seal. THE ST iTE OF "ERAS 0 COUI;TLY Or' LUBBOCK ) I, J. i,. Germa.n7, Cit[ Secretary of the Cite of Lubbock, Texas, do hereby eortif- th-t the foregoin. is a true, -Cull :end correct col.y of the 11inutes of the Ci'_ 7 Commission of the City of Lubbock, Texas, showing the passu ,e of the ordinance therein mentioned, as the same appears of record in Book pa�:e et seq/., of the N'inutes of said City Commission. FII 'IT SS T„Y �? :N11 :ITJD Si; �L Oi, 0F. 'ICE iT-IS the da T o f 1923. City Secreta.r-7, City of Lubbock, Texas t City Seal X The following Ordinance was read and passed by unanimous vote by City Commission. G On this de, me on for hearing, the certificate of the results of the election held within this city on August 30, 1923, to determine if Section 1, of the Article 7, of the charter of this City, be amended and appearing from f such certificate and. a canvass of the returns of such election, that there were 249 votes cast in favor of the amendment of such section of said article, and 23 votes against the amendment of such section of said article. It is, therefore, found that such election resulted in favor of said section and article, being amended as -authorized in said election, and. that, same shall hereafter read, as follows: "Section 1 Said Cit:,r shhll, in addition, be authorized to levy and col; ect such taxes as may be required for the payment of interest and creation of sinking fund on any bonded indebtedness existing or crested by s_id City under authority of law and this Charter, provided that the total of all taxes, levied in -any one year, shall not exceed two and one half (2 1-2) per cent of the taxable value of the property, sub?ect to taxation, in acid city." And the City Secretary shall ca :se to be recorded in his office the notices of such election, the proof of mailing, notices to the voters, and the returns of said election as required by law, an�� shall cause a certified copy of such section as amended, to be filed with the Secretary of State. Ordinance 3;)� Ordinance requiring all persons haulin. , trash, waste, refuse, junk and other similar discarded substances from the City of Lubbock for pay to, before eng-aging in said business, procure -license therefor, :and executing bond ixin conditions of s:id bond, providin,° penalties for violation; replacing all ordinance.. and Tarts of ordinances in confl= ct herewith, and decla.rin= an em- ergencv, account of lack of pros er -regulation. Be' it ordained b�T the City Commission ( Council ) of the City o Lubr oc,. , Texas. Section 1. Do pert5un shall haul any trash, waste, Junk, refise, or dis- carded substances from the Cit.-7 of Lubbock: for pay, except, such persons whicn have previously aecured from the City a err_:it to engage in such business, and executer a bond payable to the city in the sum of $p100. )0, with two or more sureties to , e approved b;r she City Secretary, conditioner that such person will transport the sar.te in a sanitary manner from the place of its origin to the dump grounds, or place prolricled, by the city, and deposit same at a nla(fe, :and in the manner designated by the City Health Officer, and that such 1 erson will not injure any of the prorerty of the city. Such aprlicant shall pay an annual license fee in the suo of .2.50. Section E. That such ? erson scia,ll report to the City Secretary, in writing, on the first day of each month. showing the number of lords -,nd parts of loads of such substance he has hauled to the dum-:=rounds, -and the days he hauled same, and such person shall place on the vehicle, used in such business, a number correspondin;: to his permit number, and shall not remove the same. Section 3. Any person, violating any provision of this ordinance, upon conviction, shall be vanished by a fine of not less than $5.00 nor more than �,50.00 and a second conviction under the ordinance sh-11 revoke his permit Section 4. All ordinances, and parts of ordinances, in conflict herewith are exT ressly re7 ealed. Section 5. The fact that the dump- *rounds of the city are inaiacriminately used, and used without system or regulation, endangering the property of the city, creates an emergency and public necessity that the rule of charter reauiring an or- dinance to be read at two several meotings be, and the same is, hereby suspended, and this ordinance shall be passed at the meeting of its introduction, and effective, as provided by law. Passed and approved this August 23, 19b3. Attest J. ii. Germany, City Secretary, City of Lubbock, Texas. There being no further bu ness lim Read and approved thisti'day Attest: J. n. Germany, x City Bre etary, Lubbock, le- as . Percy bpeiiut�.L Mayor, City of Lub oc,Texas* the meeting adjourned. of 192#4 � �2 y ' t ,r of Lubb c , as .