HomeMy WebLinkAboutResolution - 122331 - Confirming Purchase Of Nordberg Engine For Power Generation - 12/23/1931»►1
No further business corning up for consideration, upon
motion by Iur. Bacon, seconded by lfr. Roach, carried unanimously,
the City Commission adjourned.
Read and approved this �_ day of , 1931.
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=c r.
ATTEST:
ity Secretary.
REGULAR MEETING.
Lubbock, Temas, December 10, 1931.
The City Commission of the City of Lubbock, Texas, met at
1 1:30 P.I:I. in Regular Session at the Regular Ifeeting Place
in the City Hall, the following members th:.reof being present,
to -wit:
Mayor J.J. Clements, Uommissioners Jno. L. Roach, J.F. Bacon, j
Geo. E. Benson, D.N..Leaverton, City Attorney E.L. Klett,
City Manager W.H. Rodgers and Uity Secretary J.L. Holt.
Absent: None.
The Minutes of Recessed Regular Meeting of November 19th,
Recessed Regular I,7eeting of November 27th, Recessed Regular
I.ieeting of November 30th and Recessed Regilar 1,ieeting of
December 1, 1931, were read and upon motion by Mr. Roach,
seconded by I"r. B=acon, they were unanimously approved.
'J'he Minutes of accounts allowed from '.'larrant No. 6616 to
Jar -ant No. 6724, both inclusive, were read and upon motion by
ed by Mir. Bacon the were unanimously.
Mr. Leaverton, second ,� , Y � i
approved and ordered signed b- the Mayor and City Secretary.
Motion by lir. Leaverton, seconded by Mr. Bacon, carried
unanimously, it was ordered to appropriate x;5,000.00 to the Park
Board to be included in the 1932 Budget.
Motion by P;r. Leaverton, seconded by Ir. Bacon, carried
unanimously, City Manager ,..H. Rodgers was instructed to purchase
4,000 pounds Number Six Copper wire from the Nehring Electrical
Company for the Electric Department at $12.50 per hundred, F.O.B.
Lubbock.
Motion by i -:r. Leaverton, seconded by :.x'. Roach, carried unanimously,
Oity Manager w.H. Rodgers was instructed to purchase 300' of 12"
and 5001 of 22" Fire Hose from tort YJorth Well Machinery L Supply
Company, 22" 0 $109.30 per C and 12" B'$ 47.41 per C, F.O.B.
Lubbock, Texts.
RESOLUTION CONFIRMING PURCHASE NORDBERG ENGINE.
Moved by Leaverton, seconded by Bacon, unanimously carried:
That contract of purchase and sale made and entered into
between the Nordberg Manufacturing company and the
City of Lubbock, by J.J. elements, Mayor, dated December
2, 1931, covering one (1) 1390 B.H.P. T.'ordberg Diesel
Engine and equipment for consideration of 152,864.00, as
more fully shown by written contract on file, heretofore
authorized by action of the City Commission in acceptance
of the bid and proposal of Nordberg Manufacturing Company,
after due notice, be and the same are hereby ratified and
confirmed. i'he aforesaid written contract on file has the
specifications attached thereto. The written part of the
contract reads as follows:
PROPOSAL FROM
NORDBERG MANUFACTURING COMPANY
No. 31154
Milwaukee, Viisconsin, U.S.A., December 2, 1931.
City of Lubbock
(Hereinafter called the Purchaser)
LUBBOCK, TEXAS
Nordberg Manufacturing Co. (hr%reinafter called the Company)
proposes to furnish the .Purchaser, F.O.B. Cars, Lubbock, Texas,
within four or five months from date of approval of this contract,
at the Company's office at P,lilwaukee, 'ais., and receipt of all
information necessary for the ,.ork to proceed without interruption,
unless delayed 'Ly strikes, fires, accidents, or manufacturing
contingencies beyond the reasonable control of the Company, the
hereinafter described machinery, such machinery to be in strict
conformity to the specifications of the'Company (attached to
this proposal and forming part hereof), to -crit: '
BID C
ONE (1) - 1390 B.H.P. Nordberg Vertical, two-cycle, Diesel :engine
generating unit capable of delivering 960 true kilowatts
and arranged for direct connection to
OIM (1) - 1250 KVA, 1000 KW, 3 phase, 60 cycle, 2300 volt, alter-
nating current generator with direct connected exciter
(no exciter is furnished and X1146 is deducted from
bid pricey; of General Electric Co. manufacture.
whipping weight of this bid is 220,000 lbs.
The following auxiliary equipment will be furnished:
1 - Exhaust silencer
1 - i+uel oil day tank and fuel oil filter
Reed air filters
Foundation bolts
',trenches and tools
Spare parts as listed.
Standard equipment with Bid C includes:
1 - Duplex lubricating oil strainer
1 - Lubricating oil cooler
Shaft is to be extended to receive pulley for "V"
belt driven exciter if they ever want one.
The Purchaser will furi:ish all foundations according to the
Company's plans and such sub-foundaticns (for which the Company
neither furnishes plans nor assumes responsibility) as the
conditions require. -rhe Purchaser will furnish all labor,
approved appliances, and material necessary for the prompt erection
of the machinery, without expense to the (Company.
The Purchaser shall employ the services of an Erecting Fngineer,
whom the Company will recommend, to superintend the erection,
starting and adjusting bf the machinery and shall pay X15.00 per
day and regular overtime rates for his services, plus all traveling
and hotel expenses, including sleeping -car fare, meals enroute,
excess baggage, and other transportation charges on tools and
materials, from the time he leaves the Company's works until
his return.
The Purchaser shall notify the Company when ready for the
Erecting Engineer, and the Purchaser agrees to pay jl5.00 per
day, plus expenses, for every day which he is delayed by waiting
for labor, material, or imperfectly constructed work not furnish-
ed by the Company. I
The Purchaser shall provide and maintain adequate liability
and workmen'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 from the time the 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 and held by it as
collateral security. The Purchaser shall be liable for all
loss resulting from fire in case of failure to provide such
insurance.
It is understood and agreed that the Company retains, and
it is hereb17 recognized by the Purchaser, a mechanic's,
builder's and inaterialman's lien on said machinery and all
parts thereof, until the purchase price thereof 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 Purchaser until said
purchase price shall be fully paid. It is understood that
the said machinery is for erection and use in what is known
as City of Lubbock Electric Light and Power situated on
Block 7 at Corner of Ave J & 5th St. Original town of Lubbock,
' Texas.
The Company shall, under no circumstances, be liable for
any consequential or contingent damages or for any delay
caused by fire, strike, civil or military authority, or by
insurrection or riot, or by any other cause beyond the Company's
control.
The Company agrees to repair or replace at the Company's
option, without charge f.o.b. its works, any part of the
machinery and accessories of Company's own manufacture,
furnished under this contract, which proves defective within
one year after date of original shipment, if such defect in
material, workmanship, or design existed when such machinery
was shipped, provided the Purchaser notifies the Company of
such alleged defect immediately in writing, returning to the
Company, transportation prepaid, the part claimed to be
defective, and inspection by the Company establishes the claim.
The Company will make no allowance for repairs or alterations
made by Purchaser or others than Company, unless made With
the written consent of the Company.
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 Company under this proposal, provided
such alleged infringement shall consist of the use of said
machinery, or Darts thereof, in the Purchaser's businese or
any of the purposes for which the same was sold, and provided
the Purchaser 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 Qor;pany, 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 the name of the Company, to defend the same and give
all needed information, assistance, and 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 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 starting
of the machinery herein specified, or any part of the same,
caused directly or indirectly by the act of the Purchaser,
and not through anyfhult 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
delay in shipment, the machinery and the various parts thereof,
shall be held at Purchaser's risk, and the Purchaser shall pay
F,
55-4
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
Company until so approved, nor in any event unless accepted by
the Purchaser within 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 b- the Company shall after such approval become and
shall be deemed at lav' to be an agreement between the Company
and the Purchaser, 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 upon the
parties hereto or either of them, unless such modification shall
be in writing duly executed by the Purchaser and approved by an
executive officer of the Company.
The price to be paid by 2urchaser is Fifty Two Thousand
.Eight Hundred Sixty Four and no/100 Dollars for said property
delivered f.o.b. Lubbock, Texas.
The aforesaid purchase price for said property shall be
paid out of the net profits of the City's Electric Light and
Power Plant within two years from date of installation and ac-
ceptance, in twenty four equal monthly installments, and to be
evidenced by twenty four notes dated and executed by Purchaser
30 days after delivery of machinery at Lubbock, Texas, payable
to order of Company at Milwaukee, U sconsin, as follows:
Twenty four notes, each note being for x;2,202.66, all payable
on or before one (1) to twenty four months after date thereof
respectively, with interest, thereon from date thereof at rate
of 5 per cent per annum, interest on each note being payable at
maturity thereof.
It is hereby agreed that the holder of this Contract or of
said Notes shall never have the right to demand payment of this
obligation out of any funds raised or to be raised by taxation.
Invoices shall be rendered by the Company from time to time
for material which it is prepared to ship and payment shall be
made by the r'urchaser in accordance with the above terms, such
payments to be made as stated above. —
NORDBERG 1: OUFACTURING CO.
By Geo. W. Mattison
Sales Engineer (SEAL)
This proposal is hereby accepted This proposal approved at
and agreed to this 2nd day of Milwaukee, '.isconsin this
December, 1931 8th day of December, 1931.
City of Lubbock,
J.J. Clements
Mayor
ATTEST:
J.L. Holt
(SEAL)
NORDBnRG MANU F.kCa1R IPTG CO.
E.C. Da erlein
Vice- resident
Geo. W. Lowe
Secre ary.
Motion by Mr. Leaverton, seconded by Mr. Roach, carried unanimous-
ly, it was agreed to donate !:'25.00 per month to the National
Guard and try to get the County to go fifty fifty.
No further business coming up for consideration, upon motion by
I.Sr. Roach, seconded by I.'r. nacon, carried unanimously, the City
Commission Recessed to meet December 17, 1931, at 3:30 P.M.
Read and approved this %^t�_ day ofd , L•.D. 1931.
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ATTEST:
City retary.
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