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HomeMy WebLinkAboutOrdinance - 4205-1963 - Amending Ordinance No. 4204.. 10-10-IQU~ (Ordinance # 4205) MINU'l'BS PERTAINING TO PASSlGE OF AN ORDINANCE AMBRDING ORDIHAHCB NO. 4204 AUTHORIZING THE ISSUANCE OF $1,666,000 "CI'r Y OF LUBB>CK~ TEXAS~ BIBCTRIC LIGHT AND POWER SYSTEM REVENUE REIPUNDING :OONDS, SERIES 1963" THE STATE OF TEXAS I CI'fi OF LUBBOCK COUNTY OF LUBBOCK ON THIS, the lOth day of October, 1963, the City Commission of the City of Lubbock, Texas, convened in regular 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 W. E. ALDERSON ROtAN SIMPSON w. c. o•MA.RA MARVIN MciAR'l'Y, JR. MRS. IA VENIA LOWB l and MAYOR COMMISSIONERS City Secretary also being present; and with the following absent: __ N_o_ne __________ _ ----------------------' constituting a quorum; at which time the following, among other business, was transacted, to-wit: CQmmissioner Alderson <. introduced the following ----------------------~ ordinance: Ordinance No. 4205 "AN ORDINANCE amending Ordinance No. 4204 passed and adopted by the City Commission of the City of Lubbock, October 3, 1963, relating to the authoriza- tion and issuance of $1,666,000 1City of Lubbock, Texas, Electric Light and Power System Revenue Refunding Bonds, Series 19631 , 110 as to clarify the methods of providing and administering funds provided for the payment of such bonds, including additional parity bonds1 enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergency." The ordinance was read in full and thereupon Commissioner Alderson moved that the charter rule prohibiting the ---------------- passage of ordinances on the day on which introduced, unless declared an emergency measure, be suspended for the reasons set forth and defined in the preamble thereto. The motion was seconded by GoDDissioner O'Mara and carried by the following vote: _______ _. YBlS: Mayor Strong and Commissioners Alderson, Simpson, 0 1 Mara. and McLarty. NAYS: None. Commiasioner _____ A_l_d_e_rs_o_n _____ then moved that the ordinance be finally passed as an emergency measure to take effect immediately trom and after ita passage. The motion was seconded by Commissioner _____ o_'_Ma_r_a _____ _.and carried by the following vote: YEAS: Mayor Strong and Commissioners Alderson, Simpson, O'Mara and McLarty. NAYS: None. The Mayor then announced the final passage .and immediate etfect of the ordinance as an emergency measure. MINUTES APPROVED, this tbe lOth day of October, 1963. ATTES'r: cityecre ary~ LubbOck, texas (City Seal) ORDINANCE NO. 4205 ------- "AN ORDINANCE amending Ordinance No. 4204 passed and adopted by the City Commission of the City ot Lubbock, October 3, 1963, relating to the authoriza- tion and issuance or $1,666,000 'City ot Lubbock, Texas, Electric Light-.and Power System Revenue Refunding Bonds,_Series 1963', seas to clarify the methods of providing and administering funds provided tor the payment of such bonds, including additional parity bonds, enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergency." WHEREAS1 the City Commission of the City of Lubbock, Texas, deems it necessary and advisable and in the City•s best interest to amend Ordinance No. 4204 passed and adopted October 3, 1963 relating to the authorization and issuance of $1~666,000 "City of Lubbock, Texas, Ele~tr1c Light and Power System Revenue Refunding Bonds, Series 1963", dated October 15, 1963, so as to provide certain clarifying changes in the methods for providing and administering funds for said bonds and additional bonds hereafter issued on a parity therewith; and WHEREAS# the City Commission has found and hereby declares that there is an urgent public necessity that it proceed with the issuance of such revenue refunding bonds for the purp ose of providing funds with which to discharge# redeem, retund and cancel the outstanding indebtedness of the City's Electric Light and Power System hereinabove referred to at the earliest possible date and that therefore this Ordinance constitute~ an emergency measure tor the immediate preservation of the public peace, property, health, safetyJ good government, order and security of the City and its inhabitants; therefore BE IT ORDAIBED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: /~ . .- SECTION 1: That sub-paragraph (2) of Section 14 or the aforementioned Ordinance No. 4204 be and same is hereby amended so as to hereafter read and provide as follows: 11 (2) To the 1Special Electric Light and Power System Revenue Bond Retirement and Reserve FUnd' (hereinafter referred to as the 'Bond Fund') hereby created for the bonds herein authorized and such additional parity bonds as may hereafter be issued under the provisions of Section 21 hereof. Said Bond Fund shall be used for no purpose other than for the payment, redemption and retirement of such bonds and the interest thereon in accordance with the terms and provisions of the ordinances authorizing their issuance. All funds received from the purchasers of such bonds as accrued interest thereon shall be placed in the :Bond Fund. The City covenants and agrees to provide the Bond FUnd with all amounts required to pay as due each of the principal and interest installments pertaining to all bonds and additional parity bonds and that in addition thereto said Bond Fund shall contain a Reserve Portion in the sum of not less than THREE HUNDRED SIXTY TBOUSA.ND . DOLLARS ($360,000). This sum, being now on deposit to the credit of the underlying bonds, is hereby appropriated to the purpose of constituting the Reserve Portion of the Bond Fund and the proper City Officials are hereby authorized and directed to take all steps necess•ry or convenient to transfer said amount for such purpose to the Bond Fund immediately upon sale and delivery of the bonds herein authorized. Said Reserve Portion shall be made available for and seasonably employed in meeting the requirements of the Bond Fund if need be, and if any amount thereof is so employed said Reserve Portion shall be supplemented out of the first System funds available therefor to such extent as w111 1 as rapidly as possible, fully restore same to the sum of at least $3601 000. The ordinances of the City Commission \ authorizing any series of additional parity bonds shall make due provision for eupplementing1 if necessary1 the Reserve Portion of the Bond Fund so that same shall be accumulated and maintained in an amount equal to not less than the average annual principal and interest requirements of all series of bonds then to be secured by a first lien on and pledge of the net revenues of the System and which will be outstanding upon the issuance of any series of additional parity bonds." SECTION 2: That sub-paragraph (e) of Section 21 of the aforementioned Ordinance No. 4204 be and same is hereby amended so as to hereafter read and provide as follows: "{e) As hereinabove provided the Reserve Portion of the Eond Fund shall be accumulated and supplemented as necessary to maintain it in a sum which shall be not less than the average annual principal and interest requirementa bf all bonds secured by a first lien on and pledge of the net revenues of the System which will be outstanding upon the issuance of any series of additional parity bonds. Accordingly each ordinance authorizing the issuance of any series of additional parity bonds shall provide for any required increase in said Reserve Portion and if supplementation is necessary to meet all conditions of said Reserve Fund said ordinances shall make provision that same be supplemented by the required amounts in equal monthly installments over a period of not to exceed sixty {60) calendar months from the dating of such additional parity bonds." SECTION 3: That except as amended as aforesaid said Ordinance No. 4204 passed and enacted by the City Commission of the City of Lubbock1 Texas~ October 31 1963 is hereby in all things ratified and confirmed. SECTION 4: The public importance of this measure and the fact that it is to the best interest of the City of Lubbock to authorize~ issue and provide the bonds to which this amending ordinance relates so as to pay off~ redeem, discharge and cancel the underlying indebtedness at the earliest possible date for the immediate preservation of the public peace, property, health and safety of the citizens of said City, constitute and create an emergency and an urgent public necessity requiring that this ordinance be passed to take effect as an emergency measure and that this ordinance is accordingly passed as an emergency measure and shall take effect and be in force immediately from and after its passage, aad IT IS SO ORDliNED. PASSED AND APPROVED# this the lOth day of October, 8 Ci+cretart.Jtf of Lubbock,Texas (City Seal)