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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/19/1963411 S EP 19 1963 63-22-411-1116 September 19, 1963 Lubbock, Texas RECESSED REGULAR MEETING: The City Commission of the City of Lubbock, Texas, met in recessed regular session recessed from Regular Meeting of September 12, 1963, the following members thereof being present, to -wit: Mayor Jack F. Strong and Commissioners I.I. E. Alderson, 11. C. O'Mara, Rolan Simpson, and Marvin McLarty, Jr., City Attorney Fred 0. Seater, Jr., City Manager TT±l:iam .;. Pit..ti-ck, Jr., Assistant City Manager Fritz Lanham, City Secretary -Treasurer Lavenia Lowe. Absent: None. RESOLUTION CANVASSING RETURNS AND DECLARING RESULT OF ELECTION THE STATE OF TEXAS CITY OF LUBBOCK COUNTY OF L UBLOCK ON THIS, the 19th day of September, 1963, the City Commission of t'te City o. �sUU.�cc, Texas, coavanod in Special-- session, at the regular meeting place thereof in the City _:all, there bel.ig _oyes' It -Ii _.� at�e_zdat�ce ti:.e fv .?oai-.i� membc = JACK F. STRONG MAYOR W. E. ALDERSON ) ROLAN SIMPSON ) COMMISSIONERS W. C. O'MARA ) MARVIN McIARTY, JR.) and MRS. LAVENIA LOWE CITY SECRETARY also being present; and with the following absent: None, constituting a quorum; at which time the following, among other business, was transacted, to -fait: Commissionar Alderson i.ntroduce� a resolution canvassing reL:uras and de-lari_.g :"a s't of a bond clecti.on held in the City of Lubbock, Texas, on September 17, 1963. The resolution was read in full. Thereupon Commissioner Alderson moved that the C'Zarter rule prohibiting the passage of resolutions on the day on which iatroducad, Fialass declared an emergency measure, be suspended for the reasons stated in the emergency clause. The motion was seconde' by Commissioner O'Mara and carried by the following vote: YEAS: Mayor Strong and Commissioners Al& rson, Simpson, O'Mara and McLarty. NAYS: None. Commissioner McLarty then moved t'iat the resolution be finally passed as a.:i imn ,atcy measure to take effect immediately from and after its passage. The motion was seconded by Commissioner O'Mara and carried by the following vote: YEAS: Mayor Strong and Commissioners Alderson, Simpson, O'Mara and McLarty. NAYS: None. The RESOLUTION is as follows: WHEREAS, under and by virtue of a resolution and order duly passed by the City CommLss-or, oc Lna City ,' Lubbock, Texas, on the 22nd day of August, 1963, an election was held in said City on the 17th day of September, 1963, on seven propositions for the issuance of the bonds of said City of Lubbock in the amounts and for the purposes Vnich are hereinafter set forth; and WHEREAS, on this the 19th day of September, 1963, same being a Special session of thc. City i� Commission, there came on to be considered the returns of said election; and :T'rERTL.5, upon consideration of the returns of said election, it appears that the sa me was in �^ all respects legally held, after due notice had been given, and that said returns were duly and legally made and properly reflect the results of said election on all propositions submitted; and -PIEREAS, it further appears from said returns that there were cast at said election votes on the propositions for the issuance of bonds as follows: (a) 4,953 votes on the proposition for the issuance of $2,500,000 General Obligation Waterworks System Bonds, of which number 4,089 votes were cast "FOR THE ISSUANCE OF $2,500,000 WATERWORKS SYSTEM BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; and 864 votes were cast "AGAINST THE ISSUANCE OF $2,500,000 WATERWORKS SYSTEM BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; (b) 4,956 votes on the proposition for the issuance of $970,000 General Obligation Sanitary Sewer System Bonds, of which number 4,088 votes were cast "FOR THE ISSUANCE OF $970,000 SANITARY SEWER SYSTEM BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; and 868 votes were cast "AGAINST THE ISSUANCE OF $970,000 SANITARY SEWER SYSTEM BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; (c) 4,947 votes on the proposition for the issuance of $1,200,000 General Obligation Street Improvement Bonds, of which number 3,959 votes were cast "FOR THE ISSUANCE OF $1,200,000 STREET IMPROVEMENT BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; and 988 votes were cast "AGAINST THE ISSUANCE OF $1,200,000 STREET DIPROMII NT BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; (d) 4,955 votes on the proposition for the issuance of $1,750,000 General Obligation Storm Sewer and Drainage Bonds, of which number 4,022 votes were cast "FOR THE ISSUANCE OF $1,750,000 412 SEp 19 1963 STORM SEWER AND DRAINAGE "AGAINST THE ISSUANCE OF THEREOF"; BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; and 933 votes were cast $1,750,000 STORM SEWER AND DRAINAGE BONDS AND THE LEVY OF A TAX IN PAYMENT (e) 4,943 votes on the proposition for the issuance of $998,000 General Obligation Airport Bonds, of which number 3,914 votes were cast "FOR THE ISSUANCE OF $998,000 AIRPORT BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; and 1,029 votes were cast "AGAINST THE ISSUANCE OF $998,000 AIRPORT BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; (f) 4,958 votes on the proposition for the issuance of $750,000 General. Obligation ParIc Bonds, of which number 3,669 votes were cast "FOR THE ISSUANCE OF $750,000 PARK BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; and 1,289 votes were cast "AGAINST THE ISSUANCE OF $750,000 PARK BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF"; (g) 4,943 votes on the proposition for the issuance of $7,500,000 Revenue Electric Light System Bonds, of which number 3,447 votes were cast "FOR THE ISSUANCE OF $7,500,000 REVENUE BONDS FOR ELECTRIC LIGHT SYSTEM IMPROVEMENTS AND EXTENSIONS AND PLEDGING THE REVENUES OF SAID SYSTEM TO THE PAYMENT THEREOF"; and 1,496 votes were cast "AGAINST THE ISSUANCE OF $7,500,000 REVENUE BONDS FOR ELECTRIC LIGHT SYSTE-H IMPROVEMENTS AND EXTENSIONS AND PLEDGING THE REVENUES OF SAID SYSTEM TO THE PAYMENT THEREOF"; therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1: That the aforesaid election was duly and legally called and notice thereof given in accordance with the laws of the State of Texas and the resolution and order calling said election; that said election was held in strict conformity with the Constitution and laws of the State of Texas, and the returns thereof have been properly made to the officials of the City entitled to receive same; that only resident qualified property taxpaying electors of the said City of Lubbock, Texas, who owned property therein subject to taxation, and who have duly rendered the same for taxation, were permitted to vote at said election; and, further, that said election properly represents the desires of those qualified to vote as aforesaid. SECTION 2: That the proposition to issue the $2,500,000 general obligation bonds for the purpose of making permanent public improvements, to -wit: constructing improvements and extensions to the City's Waterworks System, was sustained by a majority of the qualified electors of said City, voting at said election, who own taxable property in said City, and who had duly rendered the same for taxation, and that the City Commission of said City is authorized to issue said bonds and to levy and have assessed and collected taxes for the payment of the principal of and interest on said bonds in the time and manner prescribed by law. SECTION 3: That the proposition to issue the $970,000 general obligation bonds for the purpose of making permanent public improvements, to -wit: constructing improvements and extensions to the City's Sanitary Sewer System, including the acquisition of necessary rights -of -way, was sustained by a majority of the qualified electors of said City, voting at said election, who own taxable property in said City, and who had duly rendered the same for taxation, and that the City Commission of said City is authorized to issue said bonds and to levy and have assessed and collected taxes for the payment of the principal of and interest on said bonds in the time and manner prescribed by law. SECTION 4: That the proposition to issue the $1,200,000 general obligation bonds for the purpose of making permanent public improvements, to -wit: constructing street improvements for said City, including acquisition of rights -of -way, was sustained by a majority of the qualified electors of said City, voting at said election, who own taxable property in said City, and who had duly rendered the same for: taxation, and that the City Commission of said City is authorized to issue said bonds and to levy and have assessed and collected taxes for the payment of the principal of and interest on said bonds in the time and manner prescribed by law. SECTION 5: That the proposition to issue the $1,750,000 general obligation bonds for the purpose of making permanent public improvements, to -wit: constructing, enlarging, extending and installing storm sewers, drains, and gutters, and other improvements incidental thereto in and for said City, including the acquisition of land for drainage purposes, was sustained by a majority of the qualified electors of said City, voting at said election, who own taxable property in said City, and who had duly rendered the same for taxation, and that the City Commission of said City is authorized to issue said bonds and to levy and have assessed and collected taxes for the payment of the principal of and interest on said bonds in the time and manner prescribed by law. SECTION 6: That the proposition to issue the $998,000 general obligation bonds for the purposes of making permanent public improvements, to -wit: acquiring and constructing improvements for the City's airport and airport facilities, was sustained by a majority of the qualified electors of said City, voting at said election, who own taxable property in said City, and who had duly rendered the same for taxation, and that the City Commission of said City is authorized to issue said bonds and to levy and have assessed and collected taxes for the payment of the principal of and interest on said bonds in the time and manner prescribed by law. SECTION 7: That the proposition to issue the $750,000 general obligation bonds for the purpose of making permanent public improvements, to -wit: purchasing and/or improving lands for public parks in and for said City, was sustained by a majority of the qualified electors of said City, voting at said election, who own taxable property in said City, and who had duly rendered the same for taxation, and that the City Commission of said City is authorized to issue said bonds and to levy and have assessed and collected taxes for the payment of the principal of and interest on said bonds in the time and manner prescribed by law. SECTION 8: That the proposition to issue the $7,500,000 revenue bonds for the purpose of constructing improvements and extensions to the City's Electric Light System and including the purchase of necessary sites therefor, was sustained by a majority of the qualified electors of said City, voting at said election, who own taxable property in said City, and who had duly rendered the same for taxation, and that the City Commission of said City is authorized to issue said bonds and to provide for the payment of principal of and interest on said bonds in the time and manner prescribed by law. SECTION 9: That the public importance of this measure and the fact that it is to the best interest of the Citv of Lubbock to construct the imnrnuAmPntn bprainahnup nPr nnr. at tha aarlipat 4 S EP 19 1963 citizens of said City, constitute and create an emergency and an urgent public necessity requiring that this resolution be passed and take effect as an emergency measure, and that this resolution is accordingly passed as an emergency measure and shall take effect and be in force immediately from and after its passage, and it is so resolved. PASSED AND APPROVED, this the 19th day of September, 1963. A May r, City of Lubbock, Texas ATTEST: City Secretary, City of Lubbock, Texas (City Seal) 63-22-413-1117 Motion by Commissioner McLarty, seconded by Commissioner Alderson, motion carried, Mayor Strong and Commissioners Alderson, O'Mara, Simpson, and McLarty voting Yea, none voting Nay, that the following Resolution be passed. '4 RESOLUTION AUTHORIZING ISSUANCE OF NOTICE OF REDEMPTION WITH RESPECT TO "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT SYSTEM REVENUE BONDS", SERIES 1948 and SERIES 1951 THE STATE OF -TEXAS CITY OF LUBBOCK COUNTY OF LUBBOCK ON THIS, the 19th day of September, 1963, the City Commission of the City of Lubbock, Texas, convened in special session at the regular meeting place thereof in the City Hall, there being present and in attendance the following members, to -wit: JACK F. STRONG MAYOR W.E. ALDERSON ) ROLAN SIMPSON ) COMMISSIONERS W. C. O'MARA } MARVIN McLARTY, JR.) AND MRS. LAVENIA LOWE, CITY SECRETARY also being present; and with the following absent: None, constituting a quorum; at which time the following, among other business, was transacted: Commissioner McLarty introduced a resolution which was read in full. Thereupon, Commissioner McLarty moved that the Charter rule prohibiting the passage of resolutions on the day on which intro- duced, unless declared an emergency measure, be suspended for the reasons set forth and defined in the preamble thereto. The motion was seconded by Commissioner Alderson and carried by/tbe following vote: YEAS: Mayor Stm ng and Commissioners Alderson, Simpson, O'Mara and McLarty. NAYS: None. Commissioner McLarty then moved that the resolution be finally passed as an emergency measure to take effect immediately from and after its passage. The motion was seconded by Commissioner Alderson and carried by the following vote: YEAS: Mayor Strong and Commissioners Alderson, Simpson, O'Mara and McLarty. NAYS: None The Mayor then announced final passage and immediate effect of the resolution as an emergency measure. The RESOLUTION is as follows: "A RESOLUTION fixing the dates for the redemption of outstanding electric light system revenue bonds of the City of Lubbock, Texas; directing the giving of notice of redemption and prescribing the form thereof; and declaring an emergency." WHEREAS, the City of Lubbock, Texas, has heretofore authorized the issuance of two series of bonds which are now optional for payment prior to maturity on any interest payment date upon the giving of thirty (30) days' notice; and WHEREAS, this City Commission deems it advisable and appropriate to call such bonds in accordance with their respective terms;and WHEREAS, the City Commission has FOUND and hereby DECLARES that there is an urgent public necessity for such bonds to be called on their next interest payment date and that, therefore, this resolution constitutes an emergency measure for the immediate preservation of the public peace, property, health, safety, good government, order and security of the City and its inhabitants; therefore BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1: That the dates stipulated in the "NOTICE OF BOND REDEMPTION", as contained herein and made a part of this resolution, are hereby fixed for redeeming the bonds as described in - said Notice. 41 SEF 19 INS SECTION 2: That the City Secretary of said City is hereby authorized and directed to issue notice in writing to the paying agent banks named in each of the ordinances authorizing the issuance of the two series of bonds, to -wit: the FIRST NATIONAL BANK IN DALLAS, Dallas, Texas, and the AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Chicago, Illinois, to the effect that said bonds have been called for redemption, which notice shall be mailed or delivered so as to be received by said banks a full thirty (30) days prior to the dates set for the redemption of such bonds; and the City Secretary is further authorized and directed to have such notice published once in a newspaper of general circulation in the State of Texas, such published notice to appear at least thirty (30) days prior to the respective redemption dates herein provided. SECTION 3: That the bonds described in said Notice of Redemption shall be presented for redemption at the First National Bank in Dallas, or the American National Bank and Trust Company of Chicago, as designated in said notice, and said bonds shall not bear interest after the date provided for their respective redemption. SECTION 4: That the Notice of Redemption, describing the two series of bonds to be redeemed, shall be issued by the City Secretary and shall be substantially in the following form: NOTICE OF BOND REDEMPTION THE STATE OF TEXAS CITY OF LUBBOCK COUNTY OF LUBBOCK TO THE FIRST NATIONAL BANK IN DALLAS DALLAS TEXAS THE AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO CHICAGO,_ILLINOIS, AND TO ALL OTHER INTERESTED PARTIES: NOTICE IS HEREBY GIVEN that the City of Lubbock, Texas, through its City Commission, and by resolution duly passed on the 19th day of September, 1963, has called in for redemption, all of the outstanding bonds of the following described issues: $850,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT SYSTEM REVENUE BONDS, SERIES 1949", dated May 1, 1949, bearing interest at the rate of 2-1/2%4 per annum, numbered 1451 through 2300, maturing serially on May 1 in each of the years 1964 through 1969. THE DATE FIXED FOR REDEMPTION IS NOVEMBER 1, 1963, at the First National Bank in Dallas, Dallas, Texas; and $356,000 "CITY OF LUBBOCK, TEXAS ELECTRIC LIGHT SYSTEM REVENUE BONDS, SERIES 1951", dated January 1, 1951, bearing interest at the rate of 2-1/4% per annum, numbered 419 through 774, maturing serially on January 1 in each of the years 1964 through 1971. THE DATE FIXED FOR REDEMPTION IS JANUARY 1, 1964, at the American National Bank and Trust Company of Chicago, Chicago, Illinois. NOTICE IS FURTHER GIVEN that in the event said bonds, or any of thetA, as hereinabove described, are not presented for redemption at the designated bank on or before said redemption dates, they shall cease to bear interest from and after said respective dates. THIS NOTICE is issued and given pursuant to the option of redemption reserved to the City of Lubbock in the proceedings authorizing the issuance of said outstanding bonds and in accordance with the recitals and provisions of each of said bonds. WITNESS MY OFFICIAL SIGNATURE at Lubbock, Texas, this the 19th day of September, 1963. 1sLayenia Lowe City Secretary, City of Lubbock, Texas SECTION 5: The proof of the issuance of such notice shall be made by the City Secretary by a certificate to that effect, which certificate shall be recorded in the Minutes of the City Commission. SECTION 6: The public importance of this measure and the fact that it is to the best interest of the City of Lubbock that such bonds be called on their next interest payment date for the immediate preservation of the public peace, property, health and safety of the citizens of said City, constitute and create an urgent public necessity requiring that this resolution be passed and take effect as an emergency measure, and that this resolution is accordingly passed as an emergency measure and shall take effect and be in force immediately from and after its passage, and it is so resolved. PASSED AND APPROVED AND ADOPTED this the 19th day of Sep ATTEST: r 1 City Secretary, City of Lubbock, Texas (City Seal) CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS CITY OF LUBBOCK COUNTY OF LUBBOCK .963. Mayor, Ci y of Lubbock, Texas I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of a resolution authorizing issuance of Notice of Redemption with respect to City of Lubbock, Texas, Electric Light System Revenue Bonds, Series 1948 and Series 1951 (and Minutes of its adoption) passed by the City Commission on the 19th day of September, 1963, at a special session of said City Commission, which resolution is of record in Book 22 of the Minutes of said City Commission. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City this the 19th day of September. 1963. (City Seal) NO FURTHER BUSINESS COMING UP FOR WNSIDERATION, THE CITY 10:00 O'CLOCK A.M. SEPTEMBER 20, 1963. ATTEST: jAe J. Lave a Lowe, CjXy Secretary -Treasurer READ AND APPROVED THIS THE 10th DAY OF ATTEST: ilwv-enialowe, City S cretary-Treasurer 415 SEP 19 1983 City Secretary, City of L bbock, Text ION RECESSED TO MEET AT