HomeMy WebLinkAboutMinutes - City Council - Regular - 12/10/1936a
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REGULAR MEETING.
Lubbock, Texas, Dec. 10, 1936.
The City �'ommission of the City of Lubbock, Texas, met at 1:30 P.M.
in Regular Session at the Regular Meeting Place in the City Hall,
the following members thereof being present, to -wit:
Mayor Ross Edwards, Commissioners W G McMillan, W.B. Price, J.A.
Fortenberry, A J Richardson, City Attorney Durwood H Bradley, City
Manager tit H Rodgers and City Secretary Lavenia Williams.
Ab sent : None.
The Minutes of Regular Meeting of Nov. 24th, 1936, were read and upon
motion by Commissioner IllcMillan, ssconded by Conuaissioner -'rice,
they were unanimously approved.
Motion by Commissioner Price, seconded by Connissioner Fortenberry,
carried unanimously, it was ordered that City Tax for 1930 on Lot
12, Block 40, Original Town, in the amount of $7.75, be charged off.
r,
TIE' STATE OF TE'
COUNTY OF LUBB OC h
CITY OF LUBBOCK
The City Commission of the City of Lubbock, Texas,
convened in regular meeting in the Uity Hall on this the loth day
of December, 1936, with the following members present, to -gait:
Ross Edwards,
J A Fortenberry;
11 G McMillan ;
A J Richardson ;
17 B price, ;
tit H Rodgers,
Lavenia Williams, -
Durwood H Bradley,
,dth the following members absent, to -wit:
Mayo r
Commissioners
City Manager,
City Secretary,
City Attorney,
None.
constituting a quorum at which time the following among
other business was transacted, to -wit:
Commissioner W B Price introduced a propo3ed
ordinance. The ordinance was read by the City Secretary, �'om%issioner
W B Price made a motion that the charter provision prohibiting
the passage of an ordinance on the day introduced be suspended. Com-
missioner J A Fortenberry seconded the notion. The motion was
carried by the unanimous vote of the Cormission, to -wit:
AYES: Mayor Edwards and Corulissioners 14olIillan,
Price, rortenberry and Richardson.
NOES: None.
The Mayor announced that the rule had been suspended.
Commissioner Fortenberry r:ade a motion that the
ordinance be passed finally. The motion was seconded by Uonnissioner
Price. The motion carrying with it the passage of the ordinance
prevailed by the following vote:
AYES; Mayor Edwards and Commissioners McMillan,
Price, Fortenberry and Richardson.
NOES: None.
The ordinance as passed is as follows:
AN ORDIN_ANCE
r .•
AUTHORIZING THE ISSUANCE OF CITY OF LUBBOCK
LIGHT PLANT REFUNDING REVENUE V&RRANTS IN THE
AMOUNT OF $70,177.14, BEARING 4% INTEREST, IN
LIEU OF A LIKE AMOUNT OF LIGHT AND ?OWER PLANT
REVENUE NOTES, AUTHO RI ZING THE EXCHANGE OF SAID
REFUNDING WARRANTS FOR SAID ORIGINAL NOTES,
RATIFYING THE ACTION HERETOFORE TAKEN BY THE CITY
C0121ISSION IN AUTHORIZING SAID ORIGINAL NOTES AMID
PLEDGING THE REVENUES OF SAID ELECTRIC LIGHT AMID
POVM SYSTE1,1 TO TIM P_kY11ENT OF TIC+' PRINCIPAL AI,TD
INTEREST OF SAID REFUNDING UARRANTS AND DECLARING
AN M IERGENCY .
ti�tiLki�AS, heretofore on May 29, 1935, the City Com-
mission of ttre City of Lubbock adopted a resolution authorizing
the publication of notice to oidders for the purchase of a cer-
tain engine and equipment to oe used in connection �,ith tr�e
municipal electric light and pourer plant of said City which
resolution and tiie minutes po taining thereto are duly r•-corded
in the minutes of tree City Uommision in Book 5 at page 112; and
1r�tiEhlJAb, pursuant to said resolution said notice to
bidders N,as duly published in accordance with law; and
W,ihRtIy, pursuant to said notice the City Commission
did on June 14, 1935 receive aids for said engine and equipment,
the bidders being:
Cooper-Besson, Bush-Selcer, Nordberg Mfg. Company, Fairbanks
Morse Company, Fulton Iron Wor.cs and A. k. Locicett.
arid
Wdl!.hEAS, after receiving said bids and after hearing
a discussion of said bids by the representatives of said bidders
the Commission recessed its meeting until tine following day,
to -wit, June 15, 1935, all of winch is reflected in the minutes
of said meeting duly recorued in Book 5, at pates 114-115; and
�r�iultre,b, oil June 15, 1935, the City Com_iission having
convened pursuant to tine action taxen on the previous day did
accept the bid of the ivordberg Manufacturing Company of Nlil-
waukee, Wisconsin for said engine and equipment and at said meet-
ing did authorize tine Mayor to mane a contract ivith said Company
pursuant to said bid, all of which is reflected in the minutes
of the City Commission in Boox 5 at page 115; and
tidil�Iti•,hb, pursuant to the authority conferred in said
meeting the Mayor executed a contract ti,itn said Company in words
and figures as follows:
"Milwaukee, Wisconsin, U.S.A.
June 11, 1935
CITY OF 1,UBBOCK
(Hereinafter called tire. Purchaser)
LUBBOCK, `l't kh.S..
14ordberg Lanufacturing Company (hereinafter called the
Company) proposed to furnish the Purchaser F. 0. B. Cars, Lubbock,
Texas, within 90 days from date of approval of t,lis contract, at
the Company's office at Milwaukee, Wisconsin, and receipt of all
information necessary for tine ivor1c to proceed without interruption,
unless delayed uti strikes, fires, accidents, or manufacturing
contingencies beyond the reasonable control of the Company, the
hereinaf tei, described machinery, such machinery to be in strict
conformity �vith the specifications of the Company (attached to
this proposal and forming part hereof),, to -wit:
1 - 166531P Vertical, Crosshead, Type T. A. 178 Gas Engine
direct connected to
1 - 1250 K. W. 2300 volt, 60 Cycle, 3 Phase, General Electric
used Generator.
Tile purchaser mill furnish all foundations according
to the Company's plans and such sub -foundation (for which the
Company neither furnishes pans nor assurles responsibility) as
the conditions require. The Purchaser will furnish all labor,
approved appliances, and i-iatevial necessary for tl,e prompt
erection of the machinery, without expense to the Company.
Tile Co:rr,)any agrees to furnish erecting engineer �oith-
out charge to purchaser to supervise installation in accordance
r"ith this contract.
ON
CF3
The Purchaser shall notify the Company when ready for
the hrecting Engineer, and the Purchaser agrees to pay 415.00 per
day, plus expenLes, for every dar which lie is delayed by waiting
for labor, material, ov imperfectly constructed work not furnished
by the Company.
The Purchaser shall provide and maintain_ adequate
liability and Wor-cwen's Compensation Insurance covering all men
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 froia the time the same is delivered to the Purchaser,
in ail amount at least equal to the unpaid purchase price thereof.
The policies for such insurance shall be made payable to the
Company and field b�, it as collateral security. `the Purchaser
shall be liable for all -Loss resulting from fine in case of failure
to provide such insurance.
It is understood a -id agreed that the Company retains,
and it is hereby recognized by the Purchaser, a mechanic's and
rnaterialcnari's lien or. baid machinery and all parts thereof, until
the purchase price thereof and hereinafter recited shall be fully
paid according to its terms, tenure and effect, and an express
lien upon, aria the superior title to, said machinery is and shall
oe retained and held b;,, 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 i,hat is iziown as City of Lubbock Electric Light & Power,
situated on BlocK 7 at Corner of Ave. J & 5th St., Original Town
of Lubbocx, Texas.
The Company shall, under no circumstances, be liable
for any consequential or contingent damages or for any delay
caused by fire, stride, civil or military authority, or by in-
surrection or riot, or by any other cause beyond the Company's
control.
The Company agrees to repair or- replace at the Com-
pany's option, without charge, f. o. b. its, works, any part of
the machinery and accessories of Company's own manufacture, fur-
nished under this contract, %hich proves defective within one
year after date of original shipment, if such defect in material,
woritmanship, or design existed when such machinery was shipped,
provided the Purchaser notifies the Company of such alleged
defect itarnediately in writing, returning to the Company, trans-
portation prepaid, tl.e part claimed to be defective, and inspec-
tion by the Company establishes the claim. The Company v�ill make
no allowance for repairs or alterations made by Purchaser or
others than Company, unless made with tie written consent of the
Company.
The Company will, at its own expense, defend any suits
that may oe instituted by any one against the Purchaser for alleged
ii,fringernent of any patent relating to the machinery manufactured
by the Company uncier this proposal, provided such alleged infringe-
ment shall consist of the use of said machinery, or parts thereof,
in the Purchaser's business for any of the purposes for which the
same was sold, and provided the Purchaser shall have made all pay-
ments then due upon this contract, and shall give to the Company
immediate notice in writing of all the institution of any such
suit, and transmit to the Company, 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 tie name of the Company, to defend the same and give all
needed information, assistance, and authority to enable the Com-
pany 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 ari-kT compromise made tiwithout 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 start-
ing of the machinery herein specified, or any part of the same,
caused directly or indirectly by the act of the Purchaser, and riot
through any fault of tine Company, such delays shall not in anywise
affect or postpone tiie payments herein agreed to be made by the Pur-
chaser, or any of them, and in case of any delay in shipment, the
machinery and the various parts thereof, stiall be held at ftrch-aser'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 Uom-
pany until so approved, nor in any event unless accepted by the
Purchaser within thirty (30) days 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 by the Company shall
after such approval oecome and shall be deemed at law to be an
agreement between the Company and the Purchaser, and all previous
communications between them, either verbal or written, shall there-
upon be, and be deemed to oe, abrogated and withdrawn, and this
proposal then duly signed, accepted and approved shall thereupon
constitute and become in all readects the sole agreement between
the parties hereto, and no modification thereof shall be binding
upon the parties hereto or either of them, unless such modifi-
cation shall be in writing duly executed by the Purchaser and ap-
proved by an executive officer of the Company. PR10B: F. 0. B.
Lubbock, Texas:
Seventy three thousand Two Hundred Twenty Eight Dollars (073,228.00)
and Fairbanxs morse Type Y, 300 A.2. Lngine ivumber 576955.
Ail payments shall oe made for each unit of machinery
separately in New York, ohicago or Milwaukee hxchange, free of
expense to tale Company for collection charges as follows:
Twenty-four (24) equal consecutive monthly installments
of 43,Obi.18 each, evidenced by twenty-four (24) notes,
nearing 4% interest, anu dated from the date of complete
installation and acceptance. City shall have; the right
to pay all or any part of said indebtedness before ma-
turity. If the purchaser pays cash the above price is
subject to e% discount.
invoices shall rye rendered by the Company from time to
time for material which it is prepared to ship and payment shall
be made by the Purchaser in accordance with the above terms, such
payments to date from date of such invoice.
NJRD3ERG I AtUFhC`l'UY,1NG, COMPRINY
BY Chas. B. Trimble
gales Representative.
This proposal is hereby accepted
and agreed to this 17th day of June, 1935,
City of Lubbock
By Ross Edwards
Mayor
This proposal approved at Milwaukee, Wisconsin.
this 2bth day of June,1935
ii0hDr3LhG iiiAii JF.->UhiiiG CO1s11?AvY
E. G. Bayerlim
Vice President.
A TT,6 :
W. 0. Stevens,
City Secretary."
WtIER,AS, said contract was executed and delivered in
such manner that the holder of the obligations issued thereunder
shall never have the right to demand their payment out of funds
raised by taxation.
; and
VvAEREAS, said Nordberg Manufacturing Company thereafter
complied :.ith all of its obligations under said contract; and
WHAREAS, on October 22, 1936, at a meeting of the City
Commission the engine and equipment having been duly installed
and having passed the operating tests were approved and accented
by the City Commission and the Mayor at that time was authorized
to execute notes in payment of same as more fully provided in said
contract, all of which is shown and reflected in the minutes of
the said meeting duly of record in Book 5, pages 258-259 of the
minutes of the City Commission; and
AH,REAS, pursuant to said order of the City Commission
supra, the Mayor did for and in behalf of the City execute and
deliver to said Nordberg Manufacturing Company "City of Lubbock,
Texas, Light Plant Revenue Notes," dated October 22, 1936, ag-
gregating 473,226.00, consisting in twenty-four notes, numbered
One (1) to Twenty Four (24), both inclusive, all bearing Four (4%)
per cent interest, Note to. 1 aeing in the denomination of 43,050.86
and payable three days after date and Note No. 2 to 64, both inclusive,
o `73
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all being of the denomination of �3051.18, Note No. 2 maturing
one month after date and llotes Nos. 3 to 24, both inclusive,
maturing in their numerical order, ]vote 14o. 3 naturing two
months after date and one additional note maturing each month
thereafter, the last note being No. 24 ma-turing twenty, three months
after date with the option reserved in the City to pay all or any
part of said indebtedness without notice, principal and interest
-- being payable to the order of 14ordberg Eianufacturing Uompany,
Milwaukee, Wisconsin; and
WH.6hr,AS, luote 14o. 1 for 4,3,050.86 which matured on
October 25, 1936 together with interest thereon haS been paid; and
4thhl,, :,, all of said Notes Nos. 2 to 24, both inclusive,
aggregating 470,177.14 have been purchased by First National Bank,
Lubbock, Texas; and
1VAh cr,AS, it is considered to be to the best interest
of the City that said indebtedness be refunded in such mariner
that with tiie exception of one of said warrants the denominations
mill be uniform; and
�iAj�RLAS, the holder of said original notes has con-
sented to accept from the City the Refunding Revenue Warrants as
authorized heroin;
BL I`1' ORDAlt�LD BY ` Ah CITY OF LUBBOCK:
1. Tilat the Revenue warrants of said City to be
called 'City of Lubbock Light Plant Refunding Revenue 1arrants,
Leries 1936," be issued under and oy virtue of the Constitution
and laivs of the State of Texas and the charter of said City in the
amount of Seventy Thousand One hundred Seventy Seven and 14/100
(070,177.14) Dollars, fo.', the purpose of refunding, cancelling
and in lieu of City of Lubbock, Texas, Light Plant Revenue Notes,
dated October 22, 1936, hereinabove more fully described.
Said Refunding Revenue Warrants shall be numbered from
One (1) to Seventy (70), both inclusive, of the denomination of
One Thousand (41,000.00) Dollars each, except Warrant ho. 1 for One
Thousand One Hundred Seventy 6even and 14/100 (41177.14) Dollars.
2. They shall be dated October 22, 1936, and shall
become due and payable serially, as follows:
WARRAW26
1406.
MATURITY
DATES
AMOUldrLL
1
to
3,
both
incl.,
November
22,
1936
43177.14
4
to
6,
it
If
December
22,
1936
3000.00
7
to
9,
"
it
January 22,
1937
3000.00
10
to
12,
If
it
February
22,
1937
3000.00
13
to
15,
If
If
f4arch
22,
1937
3000.00
16
to
18,
"
it
April
22,
1937
3000.00
19
to
21,
"
It
PrIay
22,
1937
3000.00
22
to
24,
"
"
June
22,
1937
3000.00
25
to
27,
"
"
July
22,
1937
3000.00
28
to
30,
August
22,
1937
3000.00
31
to
33,
"
"
6eptember22,
1937
3000.00
34
to
36,
"
"
October
22,
1937
3000.00
37
to
39,
November
22,
1937
3000.00
40
to
42,
"
"
December
22,
1937
3000.00
43
to
45,
"
"
January 22,
1938
3000.00
46
to
48,
"
"
February
22,
1938
3000.00
49
to
51,
"
"
March
22,
1938
3000.00
52
to
54,
"
"
April
22,
1938
3000.00
55
to
57,
"
"
May
22,
1938
3000.00
58
to
60,
"
"
June
22,
1938
3000.00
ail
to
63,
If
"
July
22,
1938
3000.00
64
to
66,
If
If
August
22,
1938
3000.00
67
to
70,
"
if
6eptember22,
1938
4000.00
That
the
City Commission
officially
determine that
the maturities
set forth as nearly
a uniform burden throughout the
term
of said
issue
as
the financial
condition of
the City will
permit.
3. That said revenue warrants shall bear interest at
the rate of 4f per annum, the interest on each revenue warrant be-
ing payable on the date fixed for the maturity of said warrant.
�74
4. That the City reserves the right to redeem any one
or more of said warrants at any time prior to maturity without notice
by paying the principal and accrued interest calculated to said
date of payment.
5. That each of said refunding revenue warrants shall
contain this clause:
"The holder hereof shall never have the right to
demand payment of this obligation out of any
funds raised or to be raised by taxation."
6. That eacii of said rvarrants shall be signed by the
Mayor and shall be countersigned by the City Secretary and the
corporate seal of the City of Lubbock shall be impressed on each of
them.
7. That tale interest to be paid on each of said war-
rants shall oe evidenced by a stipulation contained in the face of
the instrument itself and shall not be. evidenced by attached
coupons.
8. The form of said revenue refunding warrants snall
be substantially as follows:
No.
UNITED 67HTL6 OF AMI,RICA
STATI' , OF ThXAS
CUUIiTY OF LUBBOUK
CI`l'Y OF LUBBOUK LIGZ2 PLANT R.LFUI4DING RhVHIVUB WARRANT
SLRIhb 1936
For value received the City of Lubbock, in the County
of Lubbock, in the State of Texas, hereby acknowledges itself in-
debted to and promises to pay to bearer the sum of
DOLLARS
in lawful money of the United States of America on the 22nd day
of , 19 J. with interest thereon from date at the rate of
4% per annum, said interest being; payable on the date fixed for the
maturity of this warrant, upon presentation and surrender of tI_is
warrant, no interest coupons being attached hereto; both principal
and interest beinL payable at First National Bank, Lubbock, Texas,
and the City of LubbocK is iiereby held and firraly bound to apply
the pledged and appropriated revenues to the prompt payment of
principal and interest of tiLis v�arrant at its maturity.
`file Uity reserves the right to pay this warrant at any
time prior to its maturity date by paying the principal thereof
and interest thereon calculated to the date of such payment.
Notice of intention to call this v:arrant prior to maturity shall
be given in writing to the First National Bank, Lubbock, Texas,
on or before the date so fixed for redemption.
In event the sum of money evidenced by this warrant
shall not be paid at maturity the same sliall thereafter bear interest
at the rate of 6jo per annum until fully paid and in the event of
such default and it becomes necessary for the holder to place this
warrant in the hands of an attorney for collection the City obli-
gates itself and promises to pay to the holder hereof an additional
ten (10%) per cent as attorney's fees.
Tiiis warrant is one of a series of warrants of like
tenor and effect, except as to denomination and as to maturities,
numbered from One (1) to Seventy (70), both inclusive, in the de-
nomination of one Thousand ($1,000.00) Dollars each, except Number
One (1) for one Thousand one Hundred Seventy Seven and 14/100
(41177.14) Dollars, aggregating Seventy Thousand One Hundred seventy
Seven and 14/100 ($70,177.14) Dollars, issued by the City of Lubbock
for the purpose of refunding Seventy `thousand One Hundred Seventy
beven and 14/100 (4�70,177.14) Dollars of Uity of Lubbociti Light Plant
Revenue notes lixewise datea oil October 22, 1936, being numbered
Two (2) to `1'vwerfty Four (24), Uoth inclusive, of the denomination of
Three `thousand Fifty One and 18/100 (03,051.18) Dollars, originally
issued for the pur,)ose of evidencing tree Uity's obligation to pay
for an engine and certain equipment furnished for the electric
light and power plant of said City in accordance with the Con-
stitution and laves of the State of Texas and pursuant to an ordin-
ance passed by the City Corcuaission duly recorded in the minute book
of said City Coi.imission.
27 5
m
Tne date of this v.arrant in conformity with the or-
ainance above mentioned is October 22, 1936.
The principal and interest of this warrant and of
tiie series of vvhich it is a part are ratably secured by an ex-
clusive first pledge of the net revenues of the electric light
and power system of saiu City as authorized in the ordinance
authorizing the issuance of this warrant.
r.ehi.s warrant and the series of which it is a part
constitute special obligations of said City and the holder hereof
shall never Have the right to demand payment of this obligation
out of any funds raised or to be raised bar taxation.
RiZ IT Iz) iir!,F�P,13Y GLh`1 i1e!1.D AliD RhG!T.P D that all acts,
conditions and thingb required to be done precedent to and in the
issuance of this warrant and the series of which it is a part and
in the issuance of the notes refunded hereby have been properly
done, have happeneu anu have been performect in regular and due
time form anU mariner as required uy the Constitution and laws of
the State ofTexas, the Charter of said City and the ordinance
hereinabove mentioned and that this series of revenue warrants
does not exceed any constitutional, statutory or charter limita-
tions and tiiat provision has been rude for the payment of prin-
cipal and interest of this warrant and the series of which it is
a part by irrevocably- pledging the revenues of said electric
light and power system of said City of Lubbock.
In addition to all other rights the ho-� der of this
warrant and the holder or holders of all refunding revenue vrar-
rants of which this is one shall have all of the rights and shall
be entitled to all of the rights and remedies which were available
to the holder or holders of the original revenue note: refunded
hereby.
IN T11STII,A0NY 4d1ILREOF the Gity Commission of. the
City of Lubbock, Texas, has caused the seal of said City to be
hereto i-,ipressed anu this warrant to be signed by the Mayor of
said City, countersigned by the City Secretary.and registered
by the City Treasurer as of October 22, 1936.
Mayor, City of Lubbock, Texas.
C OU14 T.t:,h.jI Glir.D :
City Secretary, Lubbocic, Texas
h.6GI S TLF,hD :
City Treasurer, Lubbock, Texas
9. On the filing surface of said warrants there
shall be printed substantially the following:
"The interest borne by the within warrant is not
evidenced by coupons, the obligation to pay interest
ueing contained in the face of the warrant itself,
both principal and interest being payable upon the
surrender of said warrant at its maturity or on
tiie date fixed for its redemption if called prior
to maturity."
10. The Mayor is hereby directed to execute each
of said warrants anu tree City Secretary is hereby directed to
countersign each of said vrarrants . lifter said revenue warrants
shall have; been executed tiiey shall be delivered by the Mayor
to the City Treasurer who shall hold them until their actual de-
livery to the holder of said original notes. The Treasurer is
directed to accept from the holder of said original notes the
Seventy Triousand One Hundred aeverity Seven and 14/100 (�70,177.14)
Dollars of original notes and to deliver to said holder said re-
funding revenue warrants as authorized herein in the amount of
Seventy Tnousand One Hundred Seventy Seven and 14/100 (470,177.14)
Dollars. Concurrently with the exchange of said securities the
Treasurer shall execute a certificate and deliver it to said
holders showing the completion of said exchange and shoeing the
cancellation of said original notes. Said holder shall likewise
give to the Treasurer a certificate shoving the surrender of said
original notes and the acceptance in lieu thereof of said refund-
ing revenue warrants.
11. Tile various liens given and tiie various pledges
of revenues ,Wade heretofore by tiie City to assure the proaapt pay-
ment of the principal and interest of said original notes are here-
by ratified and confirmed and czade applicable to assure the prompt
payment of the principal and Lriterebt of said refunding warrants.
More specifically the City hereby pledges a suf-
ficient amount of t.Lie revenues from the operation of its electric
light and power system to pay the principal and interest of said
Refunding Revenue Vvarrants as and when they mature. The income
of said light and power system is hereby encumbered under the pro-
visions of Article 1113 Revised Civil 6tatutes of 1925 and amend-
ments thereto to assure the prompt oayrnent of the principal and
interest of said Refunding Revenue Varrants. All of said income
necessary for the purpose after the payment of the expenses of
operation and maintenance, including salaries, labor, material,
interest, repairs anu etiteiisions necessary to render efficient
service is hereby pledged for the purpose and said warrantss shall
constitute a first lien anu charge against such income after first
taxing care of said expenses vwhich under statute are supported by
a superior lien.
12. It siiall be tiie duty of tiie officials of the
City charged i�ith such functions under thc: charter and under ap-
plicable ordinances of the City each month to draw a warrant on
the `Treasurer of tiie City anu to deliver said warrant to First
iJational Hank, Lubuocx, Texas, for the purpose of paying the re-
funding revenue warrant vviilch matures during that month. The
City warrant issued for such purpose siiall be delivered to said
banx on oi, by the 15th day of said month.
13. A special fund is hereby created designated
"City of Lubboci{ Light Plant Refunding Revenue Aarrant Fund" and
there si.all be placed in said fund each month so long as said
refunding revenue warrants or any of them are outstLanding and un-
paid, in the amount of Three 'Thousand Five Hundred (:G3500.00)
Dollars per month. Tile warrants to pay the principal and interest
on said Refunding kevenue Viarrarkts shall be drawn against said
fund and the balance in said fund shall bu carried as a reserve
to insure against future delinquencies in payment of principal
and interest. Vvhen all of said Refunding revenue 'warrant- and
interest thereon shall have been paid Lice balance in said fund
shall then revert to the regular accounts of said system.
Txie refunding Revenue warrants authorized bar this
ordinance shall constitute such obligations of tiie City of Lubbock
and are issued under the provisions of Krticles 1111 to 1118 of
the Revised Civil Statutes of 1925 as amended, and under such
circumstances that eacii of said warrants shall contain this quo-
tation "the holder hereof shall never have the ripjit to denand
payment of this ouligation out of any funds raised or to be raised
by taxation."
14. The mayor, City :secretary, City Manager and
City Treasurer are hereby directed to do any and all things neces-
sary or convenient to carry out the purposes of this ordinance.
lb. The fact that this ordinance i:: considered
necessary for tiie usual daily operation of a municipal department
of the City Government creates an emergency and constitutes this an
emergency measure requiring a suspension of the charter provision
which prohibits the final passage of an ordinance on tiie date in-
troduced and it is so ordained.
r'A66LD AliD APPROVED this the 10 day of December, 1936.
Ross Edwards
Mayor, City of. Lubbock, Texas
Lavenla �villiams AP2hOVLD Ab TO FOR11.
City Secretary, City of
�,ubbocn, Texas
City Attorney.
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Contract with West Texas Gas Company for Fuel at `'ity Power
Plant was discussed and City Manager 11 H no dgers was authorized to
sign contract for one year.
Motion by Commissioner McMillan, seconded by commissioner Price,
carried unanimously, bond of E.N. Eagan in the amount of 42,000.00
was approved, and ordered filed.
City Manager W 11 lodgers was authorized to place stop sign on
intersection College Avenue and 19th street, stop sign to be
placed on College Avenue on 6outh side of 19th Jtreet.
Llotion by Commissioner 11ct:illan, seconded by Commissioner trice,
the follarring Resolution carried unanimously.
TEAS it appears that acting under a given order of the
City ommission made September 6, 1935, Minute Book 5, Page 142,
Mollie D. Abernathy and her husband, the Texas Land and Mortgage
Company and W H nodgers, as City Manager of this City made an
agreement on October 15, 1935 whereby Warrants Numbers 23, 24 and 25,
the first two being each for ,$1,000.00 and the last for $945.00,
were to be held in escrow by this City which assured sEme to guarantee
against the attachment lien of R.E. Stevenson, as Receiver; and
')Vf=AS, said three Warrants were issued by this City and are
now held to abide the litigation between said Receiver and
Mollie v. Abernathy, and will continue to be so held; and
VJHEREAS, it 4ppears that this Commission never entered an order
ratifying said �'ontract .
THEREFORE, BE IT IMOVRT that this "ity does hereby fully ratify
and confirm said contract and admits holding said three Warrants
to abide the final result of said litigation.
Ross ydwards
layor
Attest:
Lavenia Williams
ity secretary.
The matter of the City buying approximately 770 acres of land from
Geo. Doles across F.W. & D.C. Ry. south east of present 'ity Farm,
at approximate cost of $28,000.00, was discussed, and the Commission
decided to go look at this property.
The matter of all-night parking on paved streets was discussed and the
City Manager and City Attorney rmm instructed to draw ordinance and
present to the Commission in this connection.
L.C. Ellis and 1; H taSeador appeared before the Commission in
regard to widening of Main Street between Avenue P and Q. The
matter was discussed and ';ity LSanager W H Rodgers was instructed
to get up estimate and present to the Commission.
No further business coming up for consideration, the City Commission
Recessed to meet December 22, 1936, at 1:30 P.11.
Read and approved this ZZ day
Attest:
'City Secretary.
of e e Y77 be;- A.D. 1936.
ayo r