HomeMy WebLinkAboutMinutes - City Council - Regular - 12/10/1931REGULAR lEETII'G.
Lubbocl~, Texas, December 10, 1931.
The City; Commission of the City of Lubbock, Texas, met at
1:30 P.T. in Regular Session at the Reollar DIeeting Place
in the City Hall, the following members thereof being present,
to -wit:
Mayor J.J. Clements, Uommissionors Ono. L. Roach, J.F. Bacon,
Geo. E. Denson, D.!�..Leaverton, City Attorney h.L. klett,
City T:'anager U .H. Rodgers and Gi ty Secretary J .L. Holt.
Absent: None.
The Minutes of Recessed Regular Meeting of T overaber 19tb.,
Recessed Regular T:;eeting of November 27th, Recessed Ree;tllar
T,I_eting of November 30th and Recessed Ree-:lar _..eeting -,,f
December 1, 1931, were read and upon motion by Yr. poach,
seconded by "r. F-aeon, they were unanimously ap•,roved.
'the Minutes of accounts allowed from ', arrant No. 6616 to
,'lar--•ant No. 6724, both inclusive, vicre read and upon _notion by
f r. Leaverton, seconded by 1.:x. Bacon, they i--iere unanimously
approved and ordered signed b,, the Mayor and City.. secretary.
TvTotion by - r. Leaverton, seconded bsr Mr. racon, carried
unanimously, it was ordered to appropriate 1'-'5, 000.00 to the Park
Board to be included in the 1932 Tludget.
lJotion by I.ir. Leaverton, seconded by Ix. Bacon, carried
unanimously, City lvlanaEer .H. Rodgers was instructed to purchase
4,000 pounds Number Six Copper :ire from the Nehring Electrical
Company for the Electric Department at $12.50 per hundred, F.O.D.
Lubbock.
Motion by 14X. Leaverton, seconded by .x. Roach, carried unanimously,
city I-danager t11 .19. Rodgers was instructed to purchase 3001 of 12"
and 500' of 2 " Tire 1_ose from fort Vlorth 1F;ell 1!-?achinery & Supply
Company, 22" 0 $109.30 per C and 12" @ ,147.41 per C, F.O.B.
Lubbock, Tex:-s.
RESOLUTI0171 CONFIRiTING PURCHASE NORDBERG ENCINE.
Y.Loved by Leaverton, seconded by Bacon, unanimously carried:
That contract of purchase and sale made and entered into
between the Nordberg Manufacturing Uompany and the
G'ity of Lubbock, by J.J. dements, TTayor, dated December
21 1931, covering one (1) 1390 B.H.P. Yordberg Diesel
Engine and equipment for consider9tion of $52,864.00, as
more fully shown by written contract on file, heretofore
authorized by action of the City Commission in acceptance
of the bid and proposal of Nordberg Manufacturing Company,
after due notice, be and the same are hereby ratified and
confirmed. 'i'he aforesaid written contract on file has the
specifications attached thereto. The written part of the
contract reads as follows:
PROPOSAL FROM
NORDBERG MANUFACTURING COT PANY
No. 31154
Milwaukee, �fisconsin, U.S.A., December 2, 1931.
City of Lubbock
(Hereinafter called the Purchaser)
LUBBOCK, TEXAS
Nordberg Manufacturing Co. (hereinafter called the Company)
proposes to furnish the Purchaser, F.O.B. Cars, Lubbock, Texas,
within four or five months from dote of approval of this contract,
at the Company's office at T41ilwaukee, '-►is., and receipt of all
information necessary for the vork to proceed uithout interruption,
unless delayed 'y strikes, fires, accidents, or manufacturing
contingencies beyond the reasonable control of the Company, the
hereinafter described machinery, such machinery to be in strict
conformity to the specifications of the Company (attached to
this proposal and forming part hereof) , to -wit:
BID C
ONE (1) - 1390 B.H.P. Nordberg Vertical, two-cycle, Diesel-ingine
generating unit capable of delivering 960 true kilowatts
and arranged for direct connection to
ONE (1) - 1250 KVA, 1000 KW, 3 phase, 60 cycle, 2300 volt, alter-
nating current generator with direct connected exciter
(no exciter is furnished and $1176 is deducted from
bid pricef of General Electric Co. manufacture.
Shipping weight of this bid is 220,000 lbs.
The following auxiliary equipment will be furnished:
1 - Exhaust silencer
1 - it el oil day tank and fuel oil filter
Reed air filters
Found at i cn bolts
71renche s and tools
Spare parts as listed.
Standard equipment with
-1 - Dup3 ex lubric_=:ting oil
1 - Lubricating oil cooler
Shaft is to be extended
belt driven exciter if
Bid C includes:
strainer
to receive pulley for "V"
they ever want one.
The Purchaser will furi.ish all foundations according to the
Compaany's plans and such sub -foundations (for which the Uompany
neither furnishes plans nor assumes responsibility) as the
conditions require. the Purchaser will furi.ish all labor,
approved appliances, and material necessary for the prompt erection
of the machinery, without expense to the company.
1'he Purchaser shall employ the services of an .Erecting ^ngineer,
whom the Oompany will recommend, to superintend the erection,
starting and adjusting of the machinery and shall pay A15.00 per
day and regular overtime rates for his services, plus all traveling
and hotel expenses, including sleeping -car fare, meals enroute,
excess baggage, and other transportation charges on tools and
materials, fro:: the time he leaves the Company's works until
his return.
The Purchaser shall notify the Company when ready for the
Erecting Engineer, and the Purchaser agrees to pay .t15.00 per
day, plus expenses, for every day which he is delayed by waiting
for labor, material, or imperfectly constructed work not furnish-
ed by the Company.
The Purchaser shall provide and maintain adequate liability
and Workmen's Compensation Insurance covering all Tien who
may be assisting in the erection of this machinery, as well
as fire insurance for the machinery herein described against
loss or damage by fire from the time the same is delivered to
the Purchaser, in an amount at least equal to the unpaid
purchase price thereof. The policies for such insurance
shall be made payable to the Company and held by it as
collateral security. The Purchaser shall be liable for all
loss resulting from fire in case of failure to provide such
i nsu rant e .
It is understood and agreed that the Company retains,and
it is hereb`, recognized by the Purchaser, a mechanic's,
bui�der's and imaterialman's lien on said machinery and all
parts thereof, until the purchase price thereof as hereinafter
recited shall be fully paid according to its terms, tenure
and effect, and an express lien upon, and the superior title
to,, said machinery is and shall be retained and held by the
Company and is hereby recognized by the Purchaser until said
purchase price shall be fully paid. It is understood that
the said machinery is for erection and use in what is known
as City of Lubbock Electric Light and Power situated on
Block 7 at Corner of live J & 5th St. Original town of Lubbock,
Texas.
The Company shall, under no circumstances, be liable for
any consequential or contingent damages or for any delay
caused by fire, strike, civil or military authority, or by
insurrection or riot, or by any other cause beyond the Company"s
control.
The Company agrees to repair or replace at the Company's
option, without charge f.o.b. its works, any part of the
machinery and accessories of Company's own manufacture,
furnished under this contract, which proves defective within
one year after date of original shipment, if such defect in
material, workmanship, or design existed when such machinery
was shipped, provided the Purchaser notifies the Company of
such alleged defect immediately in writing, returning; to the
Company, transportation prepaid, the part claimed to be
defective, and inspection by the Company establishes the claim.
The Company will make no allowance for repairs or alterations
made by Purchaser or others than Company, unless made with
the written consent of the Com?.-a ny.
The Company will, at its own expense, defend any suits that
may be instituted by any one against the Purchaser for
alleged infringement of any patent relating to the machinery
manufactured by the Company under this proposal, ;provided
such alleged infringement shall consist of the use of said
machinery, or Darts thereof, in the Purchaser's busine s,-kor
any of the purposes for which the same was sold, and provided
the Purchaser shall have made all payments then due upon this
contract, and shall give to the Company immediate notice in
writing of the institution of any such suit, and transmit
to the Qo:-.pany, immediately upon receipt, all processes and
papers served upon the Purchaser, and permit the Company,
through its Counsel, either in the name of the Purchaser
or in the na—ne of the Company, to defend the same and give
all needed information, assistance, and authority to enable the
Company to do so; and in case of a final award of damages in
such suit, the Company will pay such award but it will not
be responsible for any compromise made aithort its written
consent, or shall it be bound to defend any suit or to pay
any damages when the same shall arise by reason of the use of
parts not furnished by the Company under this proposal.
In case of any delay in the shipment, erection, or starting
of the machinery herein specified, or any part of the same,
caused directly or indirectly by the act of the Pirchaser,
and not through anyfault of the Company, such delays shall not
in anywise affect or postpone the paynents herein agreed to
be made by the Purchaser, or any of them, and in case of any
delay in shipment, the machinery and the various parts thereof,
shall be held at Purchaser's risk, and the Purchaser shall pay
for storage of the same at the rate of ten cents per square foot
per month.
The foregoing proposal is subject to the approval of an
executive officer of the Company and is not binding upon the
Company until so approved, nor in any event unless accepted by
the Purchaser within from date of its
submission, after which it is subject to change or withdrawal
without notice. This proposal as it exists at the date of
approval b-- the Company shall after such ap�)roval become and
shall be deemed at law to be an agreement between the Com_�any
and the Purchaser, and all previous communications between
them, either verbal or written, shall thereupon be, and be
deemed to be, abrogated and withdrawn and this proposal when
duly sided, accepted and approved shall thereupon constitute
and become in all respects the sole agr event between the parties
hereto, and no modification thereof shall be binding upon the
parties her::to or either of them, unless such modification shall
be in writing duly executed by the iurchaser and approved bi: an
executive officer of the Company.
The price to be paid by urchaser is Fifty Two Thousand
Light Hundred sixty Four and no%100 Dollars for said property
delivered f.o.b. Lubbock, Texas.
The aforesaid purchase price for said property shall be
paid out of the nu=t profits of the City*s Electric Light and
Power Plant witrdn two ye I.rs from date of installation and ac-
ceptance, in twenty four equal monthly installments, and to be
evidenced by twenty four notes dated and executed by Purchaser
30 days after delivery of machinery at Lubbock, Texas, payable
to order of Company at Milwaukee, :iisconsin, as follows:
T:^:enty four notes, each note being for $2,202.66, all parable
on or before one (1) to twenty four months after date thereof
respectively, with interest, there -on from date thereof at rate
of 5 per cent per annum, interest on' each note being payable at
maturity thereof.
It is hereby agreed that the holder of this Contract or of
said Notes shall never have the right to demand payment of this
obligation out of any funds raised or to be raised by taxation.
Invoices shall be rendered by the Company from time to time
for material which it is prepared to ship and payment shall be
made by the i'urchaser in accordance with the above terms, such
payments to be made as stated above.
NORDBE RG A-kNUF1ACTURING CO.
By Geo. 7. Mattison
Sales Engineer (SEAL)
This proposal is hereby accepted This proposal approved at
and agreed to this 2nd day of Milwaukee, Wisconsin this
December, 1931 8th day of December, 1931.
City of Lubbock, NORDB -,RG 1!riANi?F�1CTT.1RIi?G CO.
J.J. Clements
Mayor
ATTEST:
J.L. Holt
(SEAL)
E.C. Ba erlein
Vice--'res !dent
Geo. Lowe
Secretary.
Motion by lair. Leaverton, seconded by TIr. iioach, carried unanimous-
ly, it was agreed to donate 4�25.00 per month to the National
Guard and try to get the County to go fifty fifty.
No further business coming up for eonsiderr:tion, upon motion by
Air. Roach, seconded by 1_'.Fr. 'Bacon, carried unanimously, the City
Commission Recessed to meet December 17, 1931, at 3:30 P.M.
bead and approved this %^t� day off _, r .D. 1931.
It.AYOR
ATTES T :
City t eretaryo