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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/13/1947REGULAR MEETING Lubbock, Texas November 13, 1947 The City Commission of the City of Lubbock, Texas, met at 4:30 P.M. in regular session at the regular meeting place in the City Hall, the fol- lowing members thereof beinff present, to -wit: Mayor C. A. Bestwick, Commissioners J. Ray Dickey, F. H. Childress, John Spikes, City Manager Homer L. Hunter, City Attorney Vaughn E. ""ilson, City Secretary Lavenia Williams. Absent: Commissioner t. B. Price. STATE OF TEXAS Y Z COUNTY OF LUBBOCK X CITY OF LUBBOCK X BE IT REMEMBERED that on this the 13th day of November, A. D. 1947, the City Commission of the City of Lubbock, Texas, convened in Regular Session, at the regular meeting place thereof in the City Hall Building in the City of Lubbock, Texas, with the following members present, viz: Honorable C. A. Bestwick, Mayor and Presiding Officer J.Rayl)icke y, Commis si one JohnSpikes, Commissioner F.H. Childress, Commissioner LaveniaWilliams City Secretary with Commissioner W. B. Price absent, constituting a Quorum under Section 15, Article IX, Chapter I, of the Charter of the City of Lubbock, where upon the following among other business was transacted: Commissioner J. Ray Dickey, presented for the consideration of the Commission, an ordinance which was read in full by the City "Secretary. Commissioner J. Ray Dickey made a motion that the rule requiring ordinances to be read at more than one meeting of the City Commission be suspended for the reasons stated in the emergency clause. The motion was seconded by Commissioner F. H. Childress and prevailed by the following vote: AYES: J. Ray Dickey, Commissioner; F. H. Childress, Commissioner; John Spikes, Commissioner; and Mayor Commissioner C. A. Bestwick. NOES: None. Commissioner J. Ray Dickey moved that the Ordinance be finally passed and such motion was seconded by Commissioner -John Spikes and prevailed by the following vote: AYES: Commissioners J. Ray Dickey, F. H. Childress, John Spikes and Mayor Commisssioner C. A. Bestwick. NOES: None. Such ordinance is as follows: THE STATE OF TEXAS X X COUNTY OF LUBBOCK Y NOTICE OF BOND ELECTION CITY OF LUBBOCK TO THE RESIDENT QUALIFIED VOT-,RS OF THE CITY OF LUBBOCK, WHO U0 TAXABLE PROPERTY 'iy'ITHIN SAID CITY AND WHO HAVE DULY RENDERED THE SAME FOR T. XATION ; Take notice than an election will be held in the City of Lubbock, Texas on the 2nd day of December, 1947, on the various proposition, and at the place more particularly set forth in the Election Ordinance and Order adopted by the City Commission on the 13th day of November, 1947, which election Ordin- ance and Order is substantially as follows: 0 I Ll Fl� ORDINANCE NUMBER 835 AN ORDINANCE AND ORDER OF THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS, DETERMINING THE NECESSITY FOR IMPROVING, ENLARGING, EXTENDING AND REPAIRING THE CITY'S ELECTRIC LIGHT SYSTEM, THE WATER SYSTEM AND THE SEiZR SYSTEM AND FINANCING THE S1M THROUGH THE ISSUANCE OF REVENUE BONDS OF THE CITY OF LUBBOCK TO BE SECURED SOLELY BY FLEDGING THE REVENUES OF THE CITY'S ELECTRIC LIGHT SYSTEM; DETERMINING THE NECESSITY FOR CALLING A SPECIAL ELECTION AND SUBIVTITTING TO_ THE PROPERTY TAX PAYING VOTERS OF SAID CITY 19HO OWN TAXABLE PROPERTY WITHIN SAID CITY AND WHO HAVE DULY RENDERED THE SAME FOR TAXATION, PROPOSITIONS RELATING TO THE ISSUANCE OF NEGOTIABLE INTEREST BEARING REVENUE BONDS OF SAID CITY TO FINANCE SUCH IMPROVE:,ANTS, EXTENSIONS, ENLARGEMENTS AND REPAIRS; PROVIDING FOR AN ELECTION UI'ON THE QUESTION OF AUTHORIZING THE CITY COMMISSION TO ISSUE SUCH REVENUE BONDS IN AN AGGREGATE SUM OF FOUR MILLION NINE HUNDRED TWENTY FOUR THOUSAND (.�4,924,000) DOLLARS, FOR SUCH PURPOSES, TO BE KNOWN AS "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT SYSTEM REVENUE BONDS"; PRESCRIBING THE PLACE AND TIME OF $QLDING SAID ELEC- TION, THE QUALIFICATION OF VOTERS, THE PURPOSES OF THE VARIOUS REVENUE BONDS, THE AMOUNTS THEREOF, THE INTEREST RATE THEREON; PROVIDING PAYMENT SOLELY OUT OF THE REVENUES FROM THE CITY'S ELECTRIC LIGHT SYSTEM AND AUTHORIZING ENCUMBRANCE= OF SAID REVENUES FOR SUCH PURPOSES; PRESCRIBI:-G THE :ATURITY OF SAID REVENUE BONDS, THE MANNER OF HOLDING SUCH ELECTION AND DECLtLRING AID EMERGENCY. V1HEREAS, the City Commission of the City of Lubbock affirmatively finds that it is advisable and to the best interest of said City that certain improvements, enlargements, additions and extensions be made to the Electric Light System and Waterworks System and Sanitary Sewer System, all in accor- dance with the recommendations, plans and estimates which have heretofore been presented to and considered by this Commission, and, '1HEREAS, it is deemed advisable and necessary that the negotiable in- terest bearing revenue bonds of said City should be issued for the purpose of financing the cost of such improvements, additions, extensions and enlarge- ments and that it is necessary and expedient that a special election be held within and for said City of Lubbock for the purpose of submitting to the legally qualified resident property tax -paying voters of said City, who own property subject to taxation therein and who have duly rendered the same for texation, the various propositions to determine whether or not such revenue bonds should be authorized for said purposes, provided such obligation shall never be a debt of the City of Lubbock, but solely a charge upon the income of the Electric Light System and the holder of such obligations shall never have the right to demand payment thereof out of any funds raised or to be raised by taxation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 1. That a special election be held within and throughout the boundaries of the City of Lubbock, Texas, on the First Tuesday in December, 1947, the same being the 2nd day of December, 1947, such date being not less than fifteen days nor more than thirty days from the date of this order and ordin- ance, at which time there shall be submitted to the resident qualified pro- perty tax -paying voters of Lubbock, Texas, who own property subject to tax- ation within said City and who have duly rendered the same for taxation, the following specific propositions: PROPOSITION NUMBER I "SHALL the City Commission of the City of Lubbock, Texas, be auth- orized to issue the revenue bonds of s&id City in the principal sum of Two Million One Hundred Eighty Five Thousand ($2,185,000) Dollars, maturing serially or otherwise, with ten (10) year Option to call, over a period of years not to exceed 20 years from the date thereof, bearing in- terest at the maximum rate of Three and 3/4 PER CENTUM�(3-3/4%) per annum, for the purpose of constructing improvements, enlargements, extensions and repairs to the City's Electric Light System, aB authorized by the General Laws of the State of Texas, particularly Article 1111 et seq., Revised Civil Statutes of 1925, as amended, said bonds to be special obligations of the City of Lubbock, Texas, payable as to both principal and interest solely from the revenues of the City's Electric Light System, and shall the City Commission be authorized to encumber the revenues of the City's Electric Light System for the purpose of securing the payment of principal of and interest on said bands, said encumbrance of said revenues to be an exclusive first lien on and ,ledge of said revenues after deduction of the reasonable expenses of operating and maintaining said Electric Light System, as said expenses are defined by statute" PROPOSITION NU1,MhR II "SHALL the City Commission of the City of Lubbock, Texas, be autho- rized to issue the revenue bonds of said City in the principal sum of Two Million Three Thousand ($ 2,313,000) Dollars, maturing serially or other- wise, with ten (10) year option to call, over a period of years not to ex- ceed 20 years from the date thereof bearing interest at the maximum rate of Three and 3/4 PER CENTUM {3-3/4%/ per annum, for the purpose of improving, enlarging and extending and constructing improvements, enlargements, ex- tensions and repairs to the City's Waterworks System, as authorized by the General Laws of the State of Texas, particularly Article 1111 et seq., Revised Civil Statutes of 1925, as amended, said bonds to be special obliga- tions of the City of Lubbock, Texas, payable as to both principal and in- terest solely from the revenues of the City's Electric Light System, and shall the City Commission be authorized to encumber the revenues of the City's Electric Light System for the purpose of securing the payment of principal of and interest on said bonds, said encumbrance of said revenues to be an exclusive first lien on and pledge of said revenues after deduction of the reasonable expenses of operating and maintaining said Electric Light System, as said expenses are defined by statute?" PROPOSITION NUMBER III "SHALL the City Commission of the City of Lubbock, Texas, be authorized to issue the revenue bonds of said City in the principal sum of Four Hundred Twenty Six Thousand ($426,000) Dollars, maturing serially or otherwise, with ten (10) year option to call, over a period of years not to exceed 20 years from the date thereof, bearing interest at the maximum rate of Three and 3/4 PER CENTUM (3-3/4%) per annum, for the purpose of constructing im- provements, enlargements, extensions and repairs to the City's Sanitary Sewer System, as authorized by the General Laws of the State of Texas, particularly Article 1111 et seq., Revised Civil Statutes of 1925, as amended, said bonds to be special obligations of the City of Lubbock, Texas, payable as to both principal and interest solely from the revenues of the City's Electric Light System, and shall the City Commission be authorized to encumber the re- venues of the City's Electric Light System for the purpose of securing the payment of principal of and interest on said bonds, said encumbrance of said revenues to be an exclusive first lien on and pledge of said revenues after deduction of the reasonable expenses of operating and maintaining said Electric Light System, as said expenses are defined by statute?" II. Said Election shall be held under the provisions of and in strict conformity with the Constitution and Laws of the State of Texas, including Chapter I, Title 22, Revised Civil Statutes of the State of Texas, and, the provisions of the Charter of the City of Lubbock, and all acts amenda- tory, complementary and supplemental thereto. All persons who are legally qualified resident property tax -paying voters of the City of Lubbock, Texas, who own property in said City subject to taxation and who have duly rendered the same for taxation, shall be en- titled to vote at said election. The ballots for said election shall have written or printed thereupon the following, to -wit: PROPOSITION NUM3hR I FOR THE ISSUANCE OF the revenue bonds of said City in the rincipal sum of Two Million One Hundred Eighty Five Thousand ($2,185,00J Dollars, maturing serially or otherwise, with ten (10) year option to call, over a period of years not to exceed 20 years from the date thereof, bearing in- terest at the maximum rate of Three and 3/4 PER CENTUIJ (3r3/4%) per annum, for the purpose of constructing improvements, enlargements, extensions and repairs to the City's Electric Light System, as authorized by the General Laws of the State of Texas, particularly Article 1111 et seq., Revised Civil Statutes of 1925, as amended, said bonds to be special obligations of the City of Lubbock, Texas, payable as to both principal and interest solely from the revenues of the City's Electric Light System, and authoriz- ing the City Commission to encumber the revenues of the City's Electric Light System for the purpose of securing the payment of principal of and interest on said bonds, said encumbrance of said revenues to be an exclusive first lien on and pledge of said revenues after deduction of the reasonable expenses of operating and maintaining said Electric Light System, as said expenses are defined by statute. J AGAINST THE ISSUANCE of the revenue bonds of said City in the principal sum of Two Million One Hundred Eighty Five Thousand (�`2,185,000) Dollars, maturing serially or otherwise, with ten (10) year option to call, over a period of years not to exceed 20 years from the date thereof, bearing in- terest at the maximum rate of Three and 3/4 PER CENTUM (3-3/4%)per annum, for the purpose of constructing improvements, enlargements, extensions and repairs to the City's Electric Light System, as authorized by the General Laws of the State of Texas, particularly Article 1111 et seq., Revised Civil Statutes of 1925, as amended, said bonds to be special obligations of the City of Lubbock, Texas, payable as to both principal and interest solely from the revenues of the City's Electric Light System, and authorizing the City Commission to encumber the revenues of the City's Electric Light System for the purpose of securing the payment of principal of and interest on said bonds, said encumbrance of said revenues to be an exclusive first lien on and pledge of said revenues after deduction of the reasonable expenses of operating and maintaining said Electric Light System, as said expenses are defined by statute. PROPOSITION NUMBER II FOR THE ISSUANCE of the revenue bonds of said City in the principal sum of Two Million ThrO-e Huhdred Thirteen Tiousand(„:2,313,000) Dollars, maturing serially or other wise, with ten (10) year option to call, over a period of years not to exceed 20 years from the date thereof, bearing interest at the maximum rate of Three and 3/4 PER CENTUM (3-3j4%) per annum, for the purpose of improving, enlarging and extending and constructing improvements, enlargements, extensions and repairs to the City's Waterworks System, as authorized by the General Laws of the State of Texas, particularly Article 1111 et seq., Revised Civil Statutes of 1925, as amended, said bonds to be special obligations of the City of Lubbock, Texas, payable as to both principal and interest solely from the revenues of the City's Electric Light System, and authorizing the City Commission to encumber the revenues of the City's Electric Light System for the purpose of securing the payment of principal of and interest on said bonds, said encumbrance of said revenues to be an exclusive first lien on and pladge of said revenues after deduction of the reasonable expenses of operating and maintaining said Electric Light System, as said expenses are defined by statute. AGAINST THE ISSUANCE of the revenue bonds of said City in the principal sum of Two IUlillion Three Hundred Thirteen Thousand ($2,313,000) Dollars, maturing serially or otherwise, with ten (10) yQar option to call, over a period of years not to exceed 20 years from the date thereof, bearing in- terest at the maximum rate of Three and 3/4 PER CENTUM (3-3/4%) per annum, for the purpose of improving, enlarging and extending and constructing im- provements, enlargements, extensions and repairs to the City's Waterworks System, as authorized by the General Laws of the State of Texas, particularly Article 1111 et seq., Revised Civil Statutes of 1925, as amended, said bonds to be special obligations of the City of Lubbock, Texas, payable as to both principal and interest solely from the revenues of the City's Elec- tric Light System, and authorizing the City Commission to encumber the re- venues of the City's Electric Light System for the purpose of securing the payment of principal of and interest on said bonds, said encumbrance of said revenues to be an exclusive first lien on and pledge of said revenues after deduction of the reasonable expenses of operating and maintaining,said Electric Light System, as said expenses are defined by statute. PROPOSITION NUMBLR III FOR THE ISSUANCE of the revenue bonds of said City in the principal sum of Four Hundred Twenty Six Thousand ($426,000) Dollars, maturing serially or otherwise, with ten (10) year option to call, over a period of years not to exceed 20 years from the date thereof, bearing interest at the maximum rate of Three and 3/4 PER CENTUM (3-3/40%) per annum, for the purpose of construct- ing improvements, enlargements, extensions and repairs to the City Sanitary Sewer System, as authorized by the General Laws of the State of Texas, parti- cularly Article 1111 et seq., Revised Civil Statutes of 1925, as amended, said bonds to be special obligations of the City of Lubbock, Texas, payable as to both principal and interest solely from the revenues of the City's Electric.' -Light System, and authorizing the City Commission to encumber the revenues of the City's Electric Light System for the purpose of securing the payment of principal of and interest on said bonds, said encumbrance of said revenues to be an exclusive first lien on and pledge of said revenues after deduction of the reasonable expenses of operating and maintaining said Electric Light System, as said expenses are defined by statute. AGAINST THE ISSUANCE of the revenue bonds of said City in the principal sum of Four Hundred Twenty Six Thousand ($426,000) Dollars, maturing serially or otherwise, with ten (10) year option to call, over a period of years not to exceed 20 years from the date thereof, bearing interest at the maximum rate of Three and 3/4 PER CENTUM (3-3/41o) per annum, for the purpose of con- structing improvements, enlargements, extensions and repairs to the City's Sanitary Sewer System, as authorized by the General Laws of the State of Texas, particularly Article 1111 et seq., Revised Civil Statutes of 1925, as amended, said bonds to be specie -obligations of the City of Lubbock, Texas payable as to both principal and interest solely from the revenues of the City's Electric Light System, and authorizing the City Commission to encumber the revenues 6f the City's Electric Light System for the purpose of securing the payment of principal of and interest on said bonds, said encumbrance of said revenues to be an exclusive first lien on and pledge of said revenues after deduction of the reasonable expenses of operating and maintaining said Electric Light System as said expenses are defined by statute. As to each of the foregoing propositions, each voter shall mark out with black ink or pencil one of the expressions, thus leaving the other as indicating his vote on the proposition. III -A THAT all revenue bonds of the three series hereinabove mentioned are to be ratably secured in such manner that no one bond shall have priority of lien over any other bond, it being the intention hereof to provide for the creation of an indebtedness against the City's Electric Light System Revenues for the purposes hereinabove stated, and which bonds, if approved by the qualified voters voting at the election herein and hereby ordered, are to be issued as one series, to be known as "CITY OF LUB17.00K, TEXAS, ELECTRIC LIGHT SYSTEM REVENUE BONDS", aggregating the principal sum of Four Million Nine Hundred Twenty Four Thousand Dollars ($4,924,000). IV. That said Election shall be held at the Central Fire Station Building, at the corner of loth Street and Avenue J, in the City of Lubbock, Texas, and the presiding Judge and Clerks of said Election shall be as follows, viz: Glen Hess, R. Bush Smith, J. L. Murfee, Knox T. Thomas, 17. E . Ballew, Presiding Judge Clerk Clerk Clerk Clerk V. That notice of said election shall be given by posting a substantial copy of this Ordinance at the City Hall Building and at two other public places in the City of Lubbock and such notice shall also be published on the same day in each of two successive weeks in a newspaper of general circula- tion published within the City of Lubbock, the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. The Mayor and City Secretary shall cause such notices to be prepared and posted and published and shall make due returns thereof to this City Commission. VI. Immediately after said election has been held, the officers holding the same shall make returns of the result thereof to the City Secretary of the City of Lubbock, for canvassing by the City Commission and shall return the ballot boxes to the City Secretary for safekeeping. The manner of holding such election and canvassing and making returns thereof shall be governed by the general election laws of the State of Texas, when not in conflict with the provisions of the hereinabove mentioned statutes, and the City Commission will furnish the necessary ballots and other election supplies requisite for said election. VII. The fact that it is affirmatively found by the City Commission of the City of Lubbock, that there is urgent need to proceed with the matter of iqi., proving, enlarging, making additions to, and extending the Electric Light System of the City of Lubbock, and in connection therewith the imperative need of improving, enlarging, extending and making additions to the Water System, including the source of sup.zly and the Sewer System, in order to make the same more convenient and adequate to meet demands made by the public at large and preserve and protect the health and welfare of the citizens of Lubbock, creates an emergency and public necessity, demanding that the rule requiring the read- ing of this Ordinance on more than one day before final passage be suspended, and such rule is hereby suspended and it is ordained that this Ordinance shall take effect and be in force immediately upon its passage and adoption. AND IT IS SO ORDLRED. PASSED, APrROVED AND ADOPTED THIS THE 13TH day of November, 1947. ATTEST: Lavenia Williams City Secretary, City of Lubbock, Texas C. A. Bestwick Mayor, City of Lubbock, Texas ,a ( SEAL) No further business coming up for consideration, the �;Ay Commission adjourned. Read and approved this the 25 day of November _ �, 1947- RECESSED REGULAR MEETING il/ %�, _6 - i• Lubbock, Texas November 14, 1947 The City Commission of the City of Lubbock, Texas, met at 10 A.M. in recessed regular session, recessed from regular meeting of November 13, 1947, at the regular meeting place in the City Hall, the following members thereof being present, to -wit. - Mayor C. A. Bestwick, Commissioners W. B. Price, J. Ray Dickey, F. H. Childress, John Spikes, City Manager Homer A. Hunter, Assistant City Attorney Syrian E. Marbut and City Secretary Lavenia Williams. Absent: None. The minutes of regular meeting of October 23, 1947, were read, and upon motion by Commissioner Childress, seconded.by Commissioner Price, carried unanimously, they were approved. Motion by Commissioner Price, seconded by Commissioner Childress, carried unanimously, Ordinance No. 830 passed second and final reading. ORDINANCE NO. �830 AN ORDINANCE GRANTING TO THE FORT WORTH & DENVER SOUTH PLAINS RAILWAY COIMF'ANY, ITS ASSIGNEES, SUCCESSORS, AND LESEES, TEL RIGHT, IOVVER AND PRIVILEGE OF LOCATING, BUILDING, ERECTING, CONSTRUCTING AND PROPERLY MAINTAINING, TWO RAILROAD INDUSTRY TRACKS, AND TO OPERATE ENGINES, CARS AND TRAINS THEREON, UPON, ALONG AND ACROSS THE NORTH AND SOUTH ALLEY BETI�IIEEN AVENUES E AND F IN BLOCKS 11, 12 AND 13, IN THE MERRILL ADDITION TO THE TOVM OF LUBBOCK. TEXAS, TO A POINT IN THE SOUTH LINE OF BLOCK 10, IN SAID MERRILL ADDITION. Motion by Commissioner Dickey, seconded by Commissioner Childress, carried unanimously, Ordinance No. 833 passed second and final reading. ORDINANCE NO. 833 AN ORDINANCE IROHIBITING THE CASTING, THROWING OR FIRING OF FIREWORKS; PROHIBITING THE POSSESSION WITH INTENT TO GIVE AWAY, THE SALE OR OFFERING FOR SALE OF ANY COIJIBUSTIBLE FIREWORKS OF ANY KIND WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK; EXEMPTING WHOLESALERS FROM THE PROVISIONS OF THE ORDINANCE WHERE SALES ARE 110E TO MERCHANTS OUTSIDE THE CITY LIMITS, OR TO SALES BY WHOLESALERS FOR PRIVATE OR PUBLIC DEMONSTRATIONS; EXE19PT- ING RAILROAD TRACK TORPEDOES WHEN USED AS SIGNALLING DEVICES, FLASHLIGHT COMPOSITION USED BY PHOTOGRAPI3.ERS OR DEALERS IN PHOTOGRAPHIC SUPPLIES; PROVIDING FOR PUBLIC AND PRIVATE DISPLAY OF FIREWORKS UNDER POLICE SUPER- VISION, PROVIDING FOR PERMITS, INSPECTIONS; PROVIDING FOR THE REMOVAL OF ALL STOCKS OF FIREWORKS EXPOSED FOR SALE OR HELD IN STOCK; AND PROVIDING A PENALTY.