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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/3/1941RECESSED RyGUL.'.R Iy.LETIT" G. Lubbock, Texas, Feb. 3, 1941. The City Commission of the City of Lubbock, Texas, met at 5 P.Y. in Recessed Regular Session, Recessed frog, kegul r meeting of January 231 1941, at the Regular TJMaeting Place in the City Hall, the follow- ing members thereof being present, to -wit: 1.iayor C E Slaton, Commissioners yd B Price, d G Mcl,iillan, Hub Jones, Garland Newsom, City Attorney Durwood H Bradley, City I:ianager 'd H Rodgers and City Secretary Lavenia ;dilliams. Absent: None. Motion by Commissioner Price, seconded by Corlmissioner Jones, Ordinance No. 658 was unanimously passed. ORDITrANCE 110. 658 TIC STATE OF TEXAS 1 COUNTY OF LUBBOCK CITY OF LUBBOCK Q The City Commission ,of the City of Lubbock, Texas, convened in Recessed meeting in the Oity Hall on this the 3rd day of February, 1941, with the following members present, to -wit: C.E. Slaton, Mayor, W.B. Price, W.G. McMillan, Hub Jones, and Garland Newsom, Commissioners, Lavenia 'Williams City Secretary, with the following meml-ers absent, to -wit: None, constituting a quorum, at which time the .following business was transacted, to -wit: Cormiissioner Price called attention to the fact at the meeting of the City Commmission held on Jan. 30th, 1941, there was introduced an ordinance identified by the following caption: AN ORDINANCE 658 DIRECTIN THE MAKING OF A CONTRACT BE77 EN THE CITY OF LUBBOCK, TEXAS, AND NORDBERG Kk UFACTUREgG COIT.UTY FOR TI-M PURCHASE OF CERTAIN ELECTRICAL E,-ZUIPT,.iMT !AND T�CHINERY; PRESCRIBING THE FORT,i OF SUCH COIURACT; AND i.,1 MM AN APPROPRIATIOTa FOR THE PAY1,LNT THEREOF. and thereupon made a motion that said ordinance be passed. The motion was seconded by �ommission-r Jones. The motion prevailed by the following vote: AYES: Commissioners Price, Jones, I,.cl,:illan and Neilisom. NOES: None. The Yayor announced that the ordinance had been passed. The ordinance is as follows: All ORD IN j C E # 658 DIRECTING THE L'_A. TG OF A CONTRACT BETs'JEEN THE CITY OF LUBBOCK, TEXAS AND NORDBERG I1USTUFACTURING COTvIPANY FOR TtE PURMASE OF CERTAII� ELECTRICAL E.)UIPMEIVT AND T, ACHINERY; PRESCRIBING THE FCRi,i OF SUCH CONTRACT; AND T .KING AN APPROPRIATION FOR THE 2AYMENT THEREOF. 'V'EIEREAS, for reasons stated in the preamble of the form of contract hereinafter prescribed, the contract between the City of Lubbock, Texas and Nordberg Manufacturing "oripany should be re -executed. BE IT ORDAINED BY THE CITY COT3:ISSICI� OF THE CITY OF LUBBOCK, TEXAS: 1. That a contract be entered into between the City of Lubbock, Texas, and Nordberg Manufacturing Company in substantially the following form: Tr-E STATE OF TEXAS COUNTY OF LUBB OC K This contract entered into between the City of Lubbock, Texas, hereinafter called "Purchaser" and Nordberg Manufacturing Company, herein- after called "Company." r'lITNESSETH ,rHEREAS, the Purchaser published notice to bidders for certain electrical machinery and equipment, hereinafter described, which notice was given in all things in accordance with the charter of the purchaser and the general laws of the estate of Texas; and ,=REAS, on Dec.12.1940,the City Commission of the -ity of Lubbock convened and considered the bids so filed, and found and declared that IA_)rdberg 1--anufacturing Uompany was the lowest responsible bidder on the type of construction, equipment and machinery selected; and ;'JHEREAS, pursuant thereto, on Lec. 17, 1940, a contract between the Purchaser and the Company was entered into; and '.511MEAS, said contract was made prior to the holding of an election for the issuance of �175,000.00 of bonds to provide funds for the purchase of such equipment and said contract contained the following provisions: "Should this election fail to receive the required majority of legal votes, and should the Purchaser be unable to sell said bonds, and no other means of making the above payments is visible, then this proposal shall be considered void. The Company will credit to the account of the Purchaser one and one quarter (14%) interest per annum on any payments made in advance of the above stated schedule." 1HEREAS, on January 14, 1941,4said bond election was held and resulted favorably to the issuance of said 4175,000 of bonds and notice is now being published for the sale of said bonds on the most advantageous bid t�, be filed, and the Oity has assurances from certain bond houses that said bonds can be sold on terms satisfactory to the City; and :E-ERE_A.S, the proceeds from the sale of said bonds, together with other funds now on Band which may be applied to that purpose, are sufficient to pay the consideration provided in said contract; and �iTvRE.4S, said contract should be re -executed so as to eliminate the provision above quoted: IT IS THEREFORE AGREED BE74EEi1 THE CITY AND THE CCE ATv1' AS FOLLOWS: The Company agrees to furnish the Purchaser and to ship from Milwaukee, +isconsift, within eleven months from the date of this contract, and receipt of all information necessary for the work to proceed without interruption, unless delayed by strikes, fires, accidents, or manufacturing contingencies, beyond the reasonable control of the Company, the hereinafter described machinery, such machinery to be in strict conformity with the specifications of the Company (attached to t«is proposal and forming part hereof), to -wit: One (1) Nordberg Type TSG-218, 3200 BHP, 225 RH1-,, cross -head piston, mechanical injection, convertible gas Diesel Engine arranged for direct connection to One (1) 2250 hW l .8 PF, 3 phase, 60 cycle, 2400 volt, 500 C. ; alternating current, flywheel type generator, equipped with motor operated rheostat and temperature indicating equipment. General Electric Colnpany. One (1) 30 KJ, 1150 RPM, 125 volt, shunt 1aQund multi-V-belt driven exciter. General Electric company. The Company will furnish any standard make of generator and exciter which may be selected by the rurchaser subject to the G ompany's approval with respect to design, capacity, and efficiency. accessory equipment, spare parts, auxiliary equipment, and tools will be furnished as listed on Pages 7, 8, 8a, 9 and 9a. The Company shall furnish without additional cost to the Purchaser, the services of a competent erecting engineer to supervise the erection and starting of the machinery, and to instruct the Purchaser's operating personnel for a period of seven calendar days after machinery is erected and ready for commercial operation. The -Purchaser shall pay 9`15.00 per eight -hour working day and regular overtime rates of the `'ompany, plus all living and miscellaneous expenses, for erecting engineer services in excess of the above stated period unless otherwise specified herein. The Purchaser shall notify the Company when ready for actual erection to begin. Erection shall be continuous and without delay, and if erecting engineer is delayed by any cause for which the Uompany is not responsible, the rurchaser shall pay the ompany for his services in the sum of 415.00 per eight -hour working day, plus all living and miscellaneous expenses for the period of such delay. If any delay is such that work must be suspended and resumed later, the Purchaser shall pay the Company for all additional time, railroad fares, and expenses of Company's erecting engineer in leaving and returning to _iurchaser's plant. Actuate unskilled labo3/for unloading, moving, and erection of machinery, under the supervision of erecting engineer, also pipe fitters, electricians, welders, or such other skilled labor as may, in the 6ompany's judgment, be required, shall be furnished by the Purchaser at Purchaser's expense. The Purchaser shall furnish the necessary tackle and other facilities for moving and lifting of the heavy parts, and necessary bracing or rein- forcing of floors, and such other approved appliances and material necessary for the prompt erection of the machinery. The Purchaser shall unload the equipment from cars and transport it to the foundations. The rurchaser shall properly place principal parts on the foundations and place other parts nearby. All openings in buildings for passa&e of machinery and apparatus necessary for the erection and operation of said equipment shall be provided bj the Purchaser at his expense, and any such openings as are of a temporary character shall be closed at the expense of the Purchaser. The Purchaser shall arrange for all necessary right-of-ways, qnd shall procure such permits as may be required from the transportation from cars and installation of machinery and appurtenances. The Purchaser shall furnish all fuel, lubricating oil, water, electric current, etc., required for the operation of the machinery and equipment after erection and during the prelimihary operation thereof, together with regular operating personnel under the supervision of the Company's erecting engineer. The rurchaser agrees to pay all local taxes assessed upon the machinery and shall provide and maintain adequate liability and indemnity insurance covering all men in their employ, who may be assisting in the erection of this machinery. The rurchaser shall provide and maintain adequate fire, water, and tornado insurance for the machinery herein described against loss or damage from the time 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 as its interests may appear. Any insurance received by the company under such policies shall be applied by it in reduction of the purchase price, Failure to provide insurance shall not relieve the Purchaser from his obligation under t:-is Agreement. A suitable place shall be provided by the Purchaser where the machinery,tools, and equipment can be locked up for protection against theft, and the elements, and, if deemed necessary by the Company's erecting engineer, a watchman shall be provided by the rurchaser at the Purchaser's expense. The rurchaser shall furnish suitable building, or buildings, for permanently housing the equipment, and shall give the company's erecting force free access to same. The rurchaser shall furnish all foundations according to the Ca-pany's plans, and such sub -foundations ( for which the Company neither furni she s plans nor assumes responsibility) as the conditions require. When transportation is included in this contract, it is based on the lowest prevailing rates and transportation facilities at the time the contract is executed. In the event of any changes in rates or trarsportati.on facilities at the time of shipment, the contract price shall be modified ac- cordingly. It is understood and agreed that the Company retains, and it is II hereby recognized by the purchaser, a mechanic's, builder's, and materialman's lien on said machinery anc_ all parts thereof, until the purchase price 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 lurchaser until said purchase price shall be fully paid. It is under- stood that the said machinery is for erection and use in what is known as City of Lubbock Electric Light and Po:r;er Coripany Situated on Block 7, Avenue "JO and Fifth Street, original town of Lubbock, Texas. "'he Company shall, under no circumstances, be liable for any consequen- tial or contingent damages or for any delay caused by fire, strike, civil or military authority, or by insurrection or riot, nor shall the Company be liable for any cause beyond its control. The Company guarantees, for a period of one year after date of shipment, any and all machinery, equipment, auxiliaries, accessories, and attachments, if listed in the following specifications, and if manufactured by the Company, to be free from defects in material and workmanship. The Company agrees that in case any such machinery, equipment, auxiliaries, accessories, and attachments, or any part thereof, be returned to the Company, at its option, with transportation charges prepaid, within twelve months from date of shipment, and provided the Company has been notified in writing of the alleged defect within ten days after its discover I- by lurchaser, and if the Company's examination shall disclose to its satisfaction that said machinery, equipment, or any part thereof has been defective in the work- manship or material, the Company will deliver to Purchaser without charge, f.o.b. Lubbock, Texas, parts of first-class workmanship and material in ex- change for any such parts so found to be defective, and the obligation of the Company under this guarantee is limited to such exchange without charge. This warranty is in lieu of all other warranties expressed or implied relating to defective materials and workmanship, and of all other obligations or lia- bilities of the Company in connection therewith. Any and all machinery, equip dent, auxiliaries, accessories, and attachments, if listed in the following specifications, but which are not manufactured by the Company, are sold only under the particular manufacturer's regular warranty, copy of which will be supplied upon request. The �;ompany assumes no responsibility for any equipment, auxiliaries, accessories, and attachments specified by the Purchaser which are not manufactured b:r the Company. _his guarantee does not apply to any machinery or equipment or part thereof which shall have been repaired or altered b, others than the Company, in any way so as, in the Company's judgment, to affect the same, nor which has been subject to negligence, accident, or other than normal use and service. Ae Uompany rese5ves the right to make any change in the design of any or all machinery or equipment without obligation to make such changes in machiner; or equipment previously sold. 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 `%ompany under this proposal, provided such alleged infringement shall consist of the use of said machinery, or parts thereof, in the t'urchaser's business for any of the purposes for which the same was sold, and provided the lurchaser 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 Company, immediately upon receipt, all processes and paperea served upon the lurchaser, and permit the Company, through its Counsel, either in the name of the Purchaser or in the name of the Cor.pany, to defend the same and give all needed information, assistance, anc. 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 without its written consent, or shall it be bound to defend any suit or o pay any damages when the same shall arise by reason of the use of parts not furnished by the Company under t :is 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 in- directly by the act of the -L'urchaser, and not through any fault of the Company such delays shall not in anywise affect or postpone the payments herein agreed to be made by the Purchaser, or any of them, and in case of any de- lay in shipment, the machinery and the vari eus parts thereof, shall be held at=urchaser's risk, and the lurchaser shall pay for storage of the same at the rate of ten cents per square foot per month. If the .lurchaser defaults in any payment vhen due, then all pa-,rments of the Purchase price and all notes or renewals thereof will immediate y becone due and payable on demand and any attorney fees incurred shall be borne b. , the lurchaser. The foregoing proposal is subject to the approval of an executive officer of the Company at the home office at I.--ilwaukee, Yiisconsin, and is not binding upon the Company until so approved, nor in any event unless accepted by the rurcha ser within thirty (30) days from date of its submission, after which it is subject to change or ,,oithdrawal without notice. This proposal as it exists at the date of approval b,r the Company shall after such approval become and sha '_1 be deemed at law to be an agreement between the Company and the iurchaser, 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 signed, accepted and approved shall thereupon constitute and become in all respects the sole agreement between the parties hereto, and no modification thereof shall be binding up:n the parties hereto or either of them, unless such modification shall be in writing, duly exe- cuted b;- the Purchaser and approved by an executive officer of the Company. PRICE: f.o.b. Lubbock, `texas. One Hundred Ninety Thousand One Hundred Dollars (�190,100.00). All payments shall be made for each unit of machinery separately in New Work, Chicago, or Idilwaukee Exchange, free of expense to the Company for collection charges as follows: 70% Cash payable when ready for shipment. 20% Cash payable sixty (60) days from date when rea,.y to ship. 10% Cash payable when machinery is successfully operating, but not to exceed ninety (90) days from date when ready to ship. Any I..'anufacturers' Tax, Use Tax, or Sales Tax of any nature whatsoever, applicable to this contract must be added to the prices and terms herein contained. Executed this the 3rd day of February, 1941. Attest: Lavenia 'dilliams r Uity Secretary.' (Seal) CITY OF LUD BOCK , T } XASS_ By C E ala t on Mayor I10RDBER G T-:kNUFAC TU RII: G COP,--iANY -- ____Ag e nt .. —- 2. ,2he IiIayor is her,. by directed to execute said contract, and the "i ty Secretary is directed.to attest the same and to affix the corporate seal of the City of Lubbock thereto. 3. For the purpose of paying said contract, thero'is hereby appropriated the money to be received from the sale of the City of Lubbock "onds authorized in the amount of 4175,000.00 at an election held in the City of Lubbock on January 14, 1941, and in addition thereto, there is hereby appropriated from the fi.;nds available for the purpose a sufficient amount to pay the remaining amount of said contract. PASSED AND ArrROVED tnis the 3rd day of February, 1941. C E Slaton .��. ,,Iayor, ity of _^ Lubbock, Texas Attest: Lavenia Williams City Secretary, Uity of Lubbock, Texas. TMotion by Commission :r Jones, seconded by Commissioner Newsom, carried unanimously, Ordinance No.657 passed second and final reading. ORDINAME NO. 657 AN ORDINANCE AP::.E MING ORDIIiAiNCE NO. 453. No further business coming; up for consideration, the City Commission adjourned. Zead and approved this the lath day of Feb., __ _, 1941. w. NL4YOR JOINT RESOLUTION B ,r THE COUNTY C OIZ,'ISKON AND CITY COI.I=SION OF THE COUNTY AIL CITY OF LUBBOCK, TEMS: III Session at the County Court House, Feb. 10, 1941. • SJHEREAS, the various civic organization of the City of Lubock, and County of Lubbock have petitioned the Board of County Commissioners of Lubbock County and the Bo-rd of City Commissioners of the City of Lubbock, to erect and maintain a public free library; AIv'D 11HEREAS, the County o Lu: bock does not have available funds to erect an adequate public library at tiis time, and whereas, the City of Lubbock is deplete of funds because of its participation in the National Defense Pro -ram, in that it is at this tide assisting in the financing of a project to inproT e the municipal airport to the extent that it will be a unit in the National Defense irogram; and WHEREAS, Section 701 of the Compiled Statutes of the State of `texas 1905, provides: *That the bonds of the County or any incorporated city or town, shall never be issued for any purpose unless a proposition for the issuance of such bonds shall hive been first submitted to the qualified voters, who are property tax payers of such County, city or town"; and ';VHEREAS, Section 6670 of the revised Civil Statutes o-P the estate of Texas, 1925, authorize the Commissioners' Court to estab-ish, maintain and operate a County Free library, and whereas, Section 6693, of the revised Civil Statutes of the ''tate of Texas, 1925, provides, that the County Commissioners' Court can establish and contract for a County free library; and .HEREAS, it is the opinion of the two Commissions that in establishing a Coun Uy , free library which woL:1d be adequate for the needs of the public at this ti*-ie, it would necessitate the expenditure of a large sum of money. 1TIEREFORE, be it resolved: '2hat the Trio Commissioners' Courts petition and request the various civic organizations to circularize a petition to the qualified tax paying voters of Lubbock County to call an election to vote upon such bond issue; A ;D BE IT FA URTHER RESOLVED: That the two said Cor--mAssions pledge their immediate action upon