HomeMy WebLinkAboutMinutes - City Council - Regular - 12/26/1940REGUL.K '_-12-1,_23TIL�G.
Lubbock, Texas, Dec. 26, 1940.
'the City Commission of the City of Lubbock, Texas, met at 1:30 P.L.in :zest?lar bession at the Re ::lar L:eeting Place in the Uity Hall,
the following members thereof being present, to -wit:
Lay or C.E. Slaton, Coririission rs W.G. I.icI:illan, Orland Newsom, � .3.
Price, Hub Jones, City Atto-ney Durwood h. Lradley, City Eanag,r ".H.
Rodgers and City Secretary Lavenia Williams.
Absent: Connissioner W.G. T.:cMillan and City -attorney Durwood h. Lradley.
The Einutes of Vular I::eeting of December 12, 1940, were read and upon
motion by Commissioner Jones, seconded by Corxmissioner Klewsarni, tzey
were unanimously approved.
Lotion by Commissioner Write, seconded by Caimissionar Jones, the following
Resolution carried unanimously. y
THE STATE ATE OF TEUS
COUrafY OF LUBBOCK j
CITY OF 1,UBBOCK p
0�- T'11LS the 26th day* of December, 1940, the City Commission of the
"ity of Lubbock, Texas, conv ned in Regular Session, at the regular neeting
Place thereof in the "ity Hall, with the following members thereof, to -wit:
C.E. Slaton, I:layor
',1.B. Price Connission. r
Garland Newson "
Hub Jones it
present, and the following absent: I.:el.'illan, constituting a quorum,
when, among other proceedings had, were the following:
Co=riissio.:er Price introduced a resolution and order and
moved its adoption. the motion was seconded by Cormiissioner Jones,
the 11otion,carrying with it the adoption of the resolution
and order, prevailed b,j the following vote:
AYES: T.iayor Slaton and Commissioners
Trice, Newsom, and Jones.
NOES: None .
The R ESOLUTIOII AND ORDER is as follows:
ELECTION RESOLUTION A- M ORDER
"RESOLUTIU AND O'LDER by the City Cor.-fission of the City
of-ubbock, Texas, calling an election on the
question of the issuance of bonds for the purpose
of constructing irniprovements and extensions to the
?,1ATEFCJOR1:S SY3TEI' and the =1,,CTRIC LIGiT PL.ld!T, of
said City, and the levying of taxes in payment thereof."
'TMT77 S, it is considered to be to the best interest of the
City that the bonds of the said City be issued for the purpose
hereinafter stated, and that there is a necessity for the issuance
of said bonds, therefore,
BEH IT RESOLVED AND ORDERED BY THE CITir CO7,]1IS3IO�, OF
TarE CITY OF LULLOCI1, TEXAS:
I.
l:hat an election be held in said "ity on the 14th
da-7 of January, 1941, vinici date is not less than fifteen (15)
nor more than thirty (30) days, from the date of the adoption
of this resolution and order, and at which election the following
pros�,ositions shall be submitted to the qualified electors who
oven taxable property in saad City, and who have duly rendered
the same for taxation:
P �:CrOSITIO_I i'.Li.IB.,�'1
"SHALL the City Commission of the City of Lubbock, Texas,
be authorized to issue bonds of said City, in the principal sum
of SEVEN= -FIVE j.0bSA11D DOLLkRS (:"75 , 000. 00) , maturing serially
within five (5) years fr m their dale, bearing; interest at a rate
not exceeding TEMEE rEt� CELTU1.1 (3�0) per annum, payable ser.,i-
annually, and to levy a tax on all taxable property in said
City sufficient to pay interest on said bonds and provide a
sinking fund,7Tith which to pay the principal at maturity, for
the purpose of constructing improvements and extensions to the
Iaterwoaks System of said "ity, as authorized b,,, the Constitution
and laws o- the State of Texas`?"
PRO OSI iION IZ7,73ER 2
"S-_4LL the City Coission of the City of Lubbock, Texas,
be authorized to issue bonds of said City, in the principal si'm
of OITE HUNDRED SEVE ,M'-FIVE THOUSAND DOLL" RS (4'175 , 000. 00) ,
Iaturing serially within five (5) years from their date, bearing
interest at a rate not exceeding THREE PEIR CEIJMI. (3 0) per annum,
payable semi-annually, and to levy a tax on all taxable property
in said City sufficient to ?ay interest on said bonds and provide
a sinking f,_tnd :fith which to pay the principal at maturit,,,, for
the purt)ose of constructing improvements and .extensions to the
Electric Light Plant of said 6ity, as authorized by the Con-
stitution and Jaivs of the Dtate of texas?"
II.
hat said election shall be held at the City hall
in the City of Lubbock, Texas, and the following named pe?:'sons
are hereb; appointed officers of the election, to -wit:
R. j3ush a-Ath, Presidin- Judge
'::.E. Ballew, Asst. Judge
R.A. Holland, Clerk
1'zat said election shall be held under the provisions
of and in accordance -with the laves �;ove�°nin- the issuance
of nunici'pal bonds in cities, as provided in the Uene °al Laws of
the Mate of Texas, and only resident, qualified taxpaying voters,
who oran taxable --iroperty in the . Pity and �-iho have duly rendered
the sane for taxation, shall be qualified to vote.
IV.
All voters who favor the proposition to issue the
;475, 000.00 bonds, for the purpose of constructi-�g improvements and
extensions to the :Iaterworks System of said "ity, shall have written
or printed upon their ballots, the words:
"FOR Tiff ISSUAITCE OF 3O-1 D5
All THE LEVTI: G OF i TAX Il`: �.°.Yi. E T THEREOF."
And, those opposed to issuing; the-„75,000.00 bonds,
for the purpose of constructing improvements and extensions to the
J- terworks System of said City, shall have written or printed upon
their ballots, the words:
RAGAINST Ti !SSUANCF, OF 7.1.11.T'5—l''JORKS II:=rROVF'i:I;11T
BCi, DS _AIM ` - L,EVYIY G OF A TIX II? ILI'VREOF . "
All voters who favor the proposition to issue the
$175,000.00 bonds, for the purpose of constructing improvements
and extensions to the .electric night llant of said City, shall
have written or printed upon their ballots, the words:
"FOR THE ISSUANCE OF ELECTRIC LIGHT FLINT II.:PROVL1-1-77
BOO DS AT -ID Trail LEVYI-;G OF A TAX Iiv PAYLEINT Tr 3120F.:'
And, those opposed to issuing the W175 , 060. 00 bonds, for the
purpose of constructing improvements and extensions to the
Electric Light Plant of said City, shall have written or printed
upon their ballots, the :cords:
11ACftIH--crj TIIE ISSUftI?CE OF ELECTRIC LIGIIT it AI T
II`:;1'ROVET--,1ENT BONDS AI4I) THE LEVYLTG OF A TAX IN P_^YI:INT
THE I- + OF. ""
V.
That a copy of this resolution and order, signed by the
P._ayor of said "ity and attested by the City Secretary,
shall serve as proper notice of said election.
VI.
That said notice of said election shall be given ,b:,r
posting and publication of a copy of this resolution and order,
at the top of thich shall appear the words, "-;OTIGE C7 ELECTICII
FOR TEE ISSUI CE OF BUUDS." Said notice shall be posted in each
of the election precincts of the 007 of Lubbock, and at the City
Hall, not less than fourteen (14) days prior to the date on which
said election is to be held, and be published on the sane day in
each of two successive weeks, in Lubbock Morning Avalanche,
a newspaper of general circulation in the City of Lubbock, Texas,
the first of said publications to be made not less than fourteen
(14) days prior to the date sct for said election.
2ASSED ADD APPRCVLD, this the 26th day of December, 1940.
C.E. 31aton
Wor, AN of
Lubbock, Texas.
ATTEST:
Laven! a '�Jilliams
City Secretary
City of Lubbock, Texas
(City Seal)
Lotion by Commissioner Price, seconded by `ommissionar Jones, carried
unanimously, to re_','und dater and Electric Department Deposit to State
Highway Department. i
There was discussion of closing alley in clock 114, Original 'own, I
Church of 6hrist property, but no action taken.
i
Lotion b r Commissioner Jones, seconded by Commissioner price, carried
unanimously, to place Stop "Qn at intersection of 18th "treet and Avenue
A on 18th Street.
There was discussion of request from "igney-Ferguson Company that parking
meters be installed at their now location, Corner 14th "treet and Texas
Avenue, and it was unanimously wgreed that the City Attorney be instructed
to draw amendment to the parking meter ordinance to pormit these meters to
be installed.
There was discussion of building electric po4er line .mast through City
property from new Disposal Plant, to serve three consumers, and it was
unanimously- agreed to not build this line.
I=oti n by Commissioner Price, seconded by Commissioner Newsom, carried
unanimously, to authorize the Lkyor and City Secretary to execute contract
with Fort 10orth and Denver "ity Aailway Company, covering two telephone
wires on City's electric line poles crossing railway conpany track at
L:P-L-357-60. This being line to new Sewage Lisposal Plant.
There was discussion of approving the contract pith :Pest Texas Gas Company
for gas used b , the City of Lubbock, and upon motion by Commissioner Jones,
seconded by Commissioner Zewsam, it was unanimously agreed to approve the
contract and authorize Ha, -or ola_ton to execute same, provided the hinimum
Cubic Feet of gas used during each yearly period be changed to read
250,000,000 instead of 280,000,000.
STATE OF TEXTS
COUNTY OF LUBBOCK
21 IS _�GREET,.'IdT LADE and entered into this the 28th day of
December, A.D. 1940, by and between ,TEST TEXAS GAS CO]KPAIT, a
corporation, hereinafter called "Seller," and CITY OF LUBBOCK, a municipality,
hereinafter called "Purchaser";
;dI iNESSETH:
I
1. Purcha.s r agrees to purchase and receive from the Seller, and
Seller agrees to sell and deliver to Purchaser at various locations in the
City of Lubbock, Lubbock lounty, Texas, for three consecutive yearly periods,!
as hereinafter defined, natural gas for fuel at its municipal buildings within
the City of Lubbock and for the operation of gas engines at purchaser's muni-
cipal power plant, but not less, in any event, than minimum of two hundred
fifty million (250,000,000) cubic feet of gas during eech yearly period;
provided, howover, that the "ell=; shall never be required to extend its lines
a greeter distance than one hundred fifty (150) feet to reach any point of
deliv-zy designated under the terms of this contract.
2. 2urchaser agrees to nay for the gas so delivered at the rate of
eleven (11) cents per thousand cubic feet, such gas to be measured by the
Seller's rezular metering devices placed on 1urchaser's premises to meet the
Seller's convenience.
3. 1he rate hereinabove stated is made upon the express agreement
of Purchaser to take and pay for the minimum amount of gas hereinabove stated:
If iurchaser, during a yearly period, purchases less than the minimum quantit-
of gas herei= above stated, Purchaser shall be required to pay for an
additional volume of gas, Nhich added to the amount delivered, will equal
the minimum volume agreed upon; provided however, that if, as hereinafter
provided, the Seller shall interrupt service to the Purchaser, then and in such
event the Purchaser shall b- entitled to deduct from the said minimum of two
hundred fifty million (250,000,000) cubic feet, one three -hundred -sixty-fifth;
(1/365th) of the t"o hundred fifty million (250,000,000) cubic feet for each
day on which said service shall have been so interrupted by the Seller. Juchl
additional payment, if due from inrchaser to Seller as above provided, shall
be made within fifteen (15) days after the end of each yearly period.
4. It is agreed and understood that the price hereinabove provided
shall be increased b; the amount of any increase in the present, and the
amount of any new, severance and/or gross production and/or gross receipts
and/or excise taxes of any nature whatsoever that might hereafter be levied
and/or assessed by any governmental authority having jurisdiction in the
premises, and tahi.c'-1 are applicable to the gas sold hereunder and paid by
Seller. Rulin`:s of the authorities in charge of the administration of any
law or ordinance increasing or creating any such tax that such tax applies to
the gas sold hereunder shall be final and binding upin the Purchaser. Provid
ed, however, that this section shall not apply to any excise or other taxes
I
t:rhich are assessed against and pain directly by the Purchaser.
the tern "cubic foot," as used
5. It is agreed and understood that
I �
i 1
herein applied to volumes of gas delivered hereunder, shall mean a cubic foot
of n-tural gas at a base pressure of four (4) to eight (8) ounces per square
inch above an average atmospheric pressure of thirteen and one -tenth (13.1)
pounds per square inch, and at a base temperature of sixty (60) degrees
Fahrenheit. It is further agreed and understood that, for the purpose of
neasuriment, the gas sold 'hereunder is assumed to obey Boyle's Law and that
the average atmospheric pressure is assumed ti be thirteen anc]lone-tenth
(13.1) pounds per square inch, and that the flowing temperature of the gas is
assumed to be sixty (60) degrees Fahrenheit, no matter at what atmospheric
pressure and at what temperature the gas may have been delivered. i'-ll
deliveries of natural Zas hereunder which are made at pressures in excess
of eight (8) ounces above atmospheric pressure shall be reduced by calculation
to volumes at that basis, no natter at what pressure the gas may have been
delivered, and the rate for payment specified herein is understood to apply
to volumes so determined.
6. oeller shall render to Purchaser, on or before the tenth (loth)
day of each month, a statement of the amount of n•-tural gas delivered to
lurchaser durinC the calendar month it - ediately preceding and of the amount of
payment or payments then due from rurchaser to Seller therefor. lurchaser
agrees to pay Seller at its office in Lubbock, Texas, on or before the twen-
tieth (2,Oth) day of each month for natural p delivered during the preceding
month according to the gas measurements and computations and at the price
hereinabove provided and billet on said monthly statement. Should Purchaser
fail to pay, any amount due and such failure to pay continues for thirty (30)
days, then the Seller clay suspend deliveries of natural gas, but the exercise
of such right shall be in addition to any and all other remedies available
to the Seller. Overdue accounts shall bear the legal rate of interest from
date due until paid.
7. It is agreed and understood that in the event of the destruction
of the municipal buildings or power plant b, fire, riot, insurrection, act of
God, or other causes beyond the control of lurchaser, or in the event of the
sale of the property or busi�7ess conducted therein, rurchaser clay at Purchaser's
option, and upon thirty (30) days written notice, cancel this contract upon
the payment for all gas delivered prior thereto and ,Aiithout regard to the
riinimur_ requireiment provision.
81 The lurchaser is acnuainted wit-_ the great variation fror: ti- e
to ti ie of the pressure of the gas in the li-es of the -eller and lurchaser
assumes all risks to-'urchaser's ope_nations growing out of the sane. It is
agreed and understood that the supply,, and deliver, of gas from ►teller's lines
as contemplated b , Viis contract is not within the objects or purposes of
Seller in constructing, m-.intaining and operating said lines, but is r._erely
incidental to the construction, maintenance and operation of such lines to
furnish domestic and commercial service in cities and towns con[zected to its
system. It is agreed and understood, therefore, that the Seller is not obli-
gated to make deliveries of gas -to .purchaser at pressures in excess of t'.iose
existing; from time to t i .e in its lines at point of delivery hereunder, and
Seller reserves the right, :vit.-out notice, except as hereinafter provided, tc
cut off or reduce the sup Dl;,r of gas under t'zis contract at any time or from
time to tide for any of the following causes: Acts of Uod, the elements,
strikes, lock -outs, fires, accidents, breakage or repairs of pipe lines or
machinery, diminution or depletion of gas supply, requirements of consumers
on the :.seller's Gener^.1 Service and Regular Industrial Service hates, or other
causes or contingencies beyond the control of and occurring without negligence
on the part of the Seller. l"le Seller shall be the sole and exclusive judge
as to t-ie necessity or desirability of cutt-ng off or reducing the su'=_ ly of
gas hereunder fr'm tine to ti=.1 , anc, the exercise Df this right shall not be
the basis for clai-is for damages sustained by either party when due to any
of the above causes. If an interruption in or curtailrient of deliveries to
Purchas,_�r shall become necessary or advisable for dny of the reasons above
stated, the Seller shall at once notify Purchaser b�, telephone or telegraph
of the nature, extent and probable duration of such interruption or curtail-
ment. 'lhe Seller shall res'_�le deliveries and rurchaser shall receive gas
when such causes or contingencies shall cease to be operative and, to the
extent possible, the Seller s'iall --ive -L irchaser advance notice as to the
ti7_e when it is expected deliveries will be resumed. Nothing herein con-
tained shall, or shall be construed,to, obligate or require the -3eller to
enlarge, extend or otherwise add to its pipe line facilities or other pro-
perties in order to supply the re _uire: ents of rurchaser hereunder. the
notices hereinabove provided for shall be Given b_., Seller to=urchaser at
Lubbock, Texas.
9. As between the parties hereto, the yeller s•-all be in control
and possession of the natural as deliverable '_:ereunder and responsible for
any dama�es or injuries caused thereby until the same shall have been deliver
ed to the `rurchaser at the point of delivery, after which delivery the Pur-
chaser s, -11 be deemed to be in exclusive control and possession thereof an(
responsible for •-n;,r such damaFes or injuries.
10. -' .i s contract is for a period of t1 ree -ears, cor::rienci nF, on
December 1, 1940, and ending on 14ovember 30, 1943; however, this contract
shall be subject to any and all lawful orders r:ade by any legally constitut(
tribunal of the State of '1'e.:as or of the '.T_ 1.ted estates having authority to
deal �°pith the subject -matter hereof. Wherever the term "yearly period" is
referred to herein, it shall be deezied to apply to the period fr_,r_ Deceriiber
1st in any year to and including i-ovenber 30th in the following year.
11. This contract is assignable and is subject to all of the provisions
of the n)plicable franchise, if an;r, under -711ich the oeller operates,
and is subject to the rules and :ZeCi;_lat i ons of the Seller so far as s:;.r-,-e do
not conflict •!it-. t:.i.s contract, a copy, of �.?ich Rules sand R-(,i,latio^s is
t1
attached hereto.
ID 1FS1IT.:O1?Y- ',1� ROOF, :I ASS our '_lands this the d,-<<. and year f ij?st
above written.
Sri -,-rn rya
(Jizned) By R F 1_inche;r---------
Attest: Its Fire President
_L.�T. _e 11
;".ssi.start "ecretary.
(Seal)
CITY OF LT nBOCK
(Signed) By _ C Slaton _
I t ss 1,ea- or
�ttc St :
Lavenia '.7illiurls
City Clerk��—� —
Seal.
?.lotion by Comission�r trice, seco�tded b-r 1Jo_1mission�'r Jones., Carried
unanimousl„r, to plac - stop siCen at Lain street and ='venue L in order
to stoy-) traffic eater ing L.-ai n Street from Avenue L, from the south.
iTo further business cominC up for consideration, the Oity poi -mission
recessed to meet January 4, 1941, at 3 O'clock P.-
Lead and alp, roved t- is the 9th dEt'r o, January 1941.
—
1t t t
city Secrotar�r.-------
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