HomeMy WebLinkAboutResolution - 1530 - Notice Of Intent To Adopt Concurrent Ordinance - Create Municipal Power Agency - 11_17_1983•
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RESOLUTION S30 CI-ry SFr�RFTARY-TREASURER
A RESOLUTION by the City Council of the City of
Lubbock, Texas, approving and authorizing
the giving of Notice of Intention to Adopt
a Concurrent Ordinance for the creation of a
Municipal Power Agency.
WHEREAS, this City Council hereby finds and determines
that notice of its intention to adopt a concurrent ordinance
for the creation of a Municipal Power Agency should be given
in the time, form and manner provided by law; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1: That the Mayor is hereby authorized and
directed to cause notice to be published of this Council's
intention to meet on the 8th day of December , 1983, to
pass an ordinance and take such action as will be necessary
to adopt a concurrent ordinance for the creation of a
Municipal Power Agency, a copy of such notice being attached
hereto as Exhibit A. the form and content of which is hereby
approved.
SECTION 2: That such notice shall be published once a
week for two consecutive weeks in a newspaper having general
circulation in the City of Lubbock, Texas, the date of the
first publication to be at least fourteen (14) days prior to
the date set for the passage of the concurrent ordinance.
PASSED AND APPROVED, this the 17th day of November, 1983 .
ATTEST:
ity Secretary, Ci bbock,
Texas
Ma r, city of ubbock,
Texas
City Seal
tXHIBIT A"
' w
NOTICE OF INTENTION TO ADOPT A CONCURRENT ORDINANCE
NOTICE IS HEREBY GIVEN that the governing body of the
City of Lubbock, Texas, proposes to meet in session at its
regular meeting place in the Council Chambers of the City
Hall located at 916 Texas -Avenue , Lubbock, Texas, at
9:30 O'clock A M. on the 8th day of December, 1983, at
which time and on -such date, such governing body proposes to
pass and finally adopt a concurrent ordinance, so as to .
provide for the creation of a Municipal Power Agency under
the provisions of Article 1435a and Article 1435b, Revised
Civil Statutes of Texas, 1925, as amended. It is proposed
that the said Agency shall be composed of the territory
within the corporate limits of the Cities of Floydada,
Crosbyton, Brownfield, Lubbock, Tulia and Plains, or within
the boundaries of two or more of such public entities who so
adopt a concurrent ordinance.
THIS NOTICE is issued and given at the direction of the
governing body of the City of Lubbock, Texas, this, 17th day
of November , 1983.
M r, City of bbock,
Texas
v j6i.
w r rrr RR TARy-TRE"'SURER
�r
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF LUBB-OCK - §
§
CITY OF LUBBOCK §
I, the undersigned, City Secretary of the City of
Lubbock, Texas, DO HEREBY CERTIFY as follows:
1. That on the 17th day of November , 1983,
the City Council of -the City of Lubbock, Texas, convened in
regular sessiorr at its.regular meeting place at City
Hall in the City of Lubbock, Texas; the duly constituted
members of the Council being as follows:
Z%=X)05=1EXWX MI X
ALAN HENRY § MAYOR
M. J. ADERTON §
E. JACK BROWN § COUNCIL MEMBERS
JOAN BAKER §
and all of said persons were present at said meeting, except
the following: None absent Among
other business considered at said meeting, the attached
resolution entitled: RESOLUTION 1530
"A RESOLUTION by the City Council of the City of
Lubbock, Texas, approving and authorizing the
giving of Notice of Intention to Adopt a Con-
current Ordinance for the creation of a Municipal
Power Agency."
was introduced and submitted to the Council for passage and
adoption. After presentation and due consideration of the
resolution, a motion was made by Councilwoman Joan Baker
that the resolution be finally passed and adopted. The
motion was seconded by Councilman Jack Brown and carried by
the following vote:
4 voted "For" 0 voted "Against" 0 abstained
all as shown in the official Minutes of the Council for the
meeting held on the aforesaid date.
2. That the attached resolution is a true and correct
copy of the original on file in the official records of the
City; the duly qualified and acting members of the City
Council of said City on the date of the aforesaid meeting
are those persons shown above and, according to the records
of my office, each member of the City Council was given
actual notice of the time, place and purpose of the meeting
and had actual notice that the matter would be considered;
and that said meeting, and deliberation of the aforesaid
public business, was open to the public and written notice
of saill meeting, including the subject of the entitled
resolution, was posted and given in advance thereof in
compliance with the provisions of Article 6252-17, Section
3A, V.A.T.C.S.
IN WITNESS WHEREOF, I have hereunto signed my name
officially and affixed the seal of the City of Lubbock,
Texas, this the 17th day of November , 1983.
City Secretary, City i6f
Lubbock, Texas
(City Seal)
ir�v c,G� f`F-Tn,rt•`j _;?c;1C!.��2,F,�i
NOTICE OF MEETING
NOTICE IS HEREBY GIVEN that the governing body
of
CITY
OF LUBBOCK;
TEXAS
will meet at
9:30
o'clock
A• M. on the 17th day of
November
, 19 83, at its regular meeting place at
City Hall_ in the City of
Lubbock , Texas, for the purpose of considering
RESOLUTION 1530
A RESOLUTION by the City Council of the City of
Lubbock, Texas, approving and authorizing the
giving of Notice of Intention to Adopt a Con-
current Ordinance for the creation of a Municipal
Power Agency.
It is urgent public necessity that the matters be
considered at an early date in order that the required improvements
may be obtained at an early date so as to further the public
welfare of the inhabitants of the aforesaid governmental unit.
aministr 1ve �f
w
MEMORANDUM
Article 6252-17, V.A.T.C.S. requires that written. notice must be given o3
the date, hour, place and subject of each meeting held by the governing
body of a governmental entity. Such. written notice must be posted
"for at least 72 hours preceding, the* day of the meeting, except that
in case of an emergency or urgent public necessity, which shall be
expressed in the notice, it shall be sufficient if notice is posted
two hours before the meeting is convened." In cases of emergency meeting
special notice by telephone or telegraph must also be given in advance
of the meeting to any news media which has previously filed a request
for such special notice at the headquarters of the governmental body
and consented to pay any and all expenses incurred by the governmental
body in -providing such._special notice.
Places of Posting:
CITY -- The City Hall on the bulletin board
COUNTY -- The Courthouse on the.bulletin board
SCHOOL DISTRICT -- on a bulletin board in its central
administrative office and, in addition, shall give
notice by telephone to any news media requesting such notice
and consenting to pay any and all expenses incurred in
providing special notice.
WATER DISTRICT, OTHER DISTRICT, OR OTHER POLITICAL SUBDIVISION
(a) covering all or part of 'four or more counties -
administrative office and delivered to the Secretary
of State for posting in the State Capitol; and also
delivered to the County Clerk of the county in which
the administrative office of the district or other
political subdivision is located for posting on the
bulletin board in the county courthouse.
(b) all others -- at its administrative office and
delivered to the County Clerk of the county or
counties in which located for posting on the
bulletin board in county courthouse.
STATE GOVERNMENTAL BODIES -- notice to be delivered to the
Secretary for posting in the Capitol Building.
The Attorney General takes the position that a meeting held without
the posting of the required notice is a nullity. A recent Court of
Civil Appeals decision supports this position. Where notice is to be
posted by the County Clerk or the Secretary of State, he will assume
that it was done upon certification that the notice was timely delivered.
Enclosed is a form of notice.
DUMAS, HUGUENIN, BOOTHMAN & MORROW
�a m
CITY QF--* l_hJBBQCK
762-6411
CITY SECRETARY -TREASURER P.O. Box 2000
LUBBOCK. TEXAS 79457
November 25, 1983
Mr. Elbert M. Morrow
Dumas, Huguenin, Boothman S Morrow
2001 Bryan Tower - Suite 1400
Dallas, Texas 75201
RE: West Texas Municipal Power Agency
Returned herewith to you are the following documents:
NOTICE OF MEETING with attached Memorandum (1 copy)
CERTIFICATE OF CITY SECRETARY (4 copies)
RESOLUTION 1530 0 copy)
PUBLISHER'S AFFIDAVIT (4 copies)
To my knowledge, this completes this phase of this transaction.
I presume we will receive the -additional documents (ordinance)
before the December-8 meeting.
EVELYN GAFFGA, CMC
City Secretary
Enclosures
P.-S. Please be advised that Mayor McAlister died June.25, 1983•
All documentation needs to reflect Mayor Alan Henry, Councilman
E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan
Baker, and (this fellow will be elected December 6,
1983, and December 8 will be his first me a ting.
cc: Ms. Joan Baker
Robert Massengale, ACM
DUMAs, HUGUENIN, BOOTHMAN & MORROW
2001 BRYAN TOWER, SUITE 1400
DALLAS, TEXAS 75201
TELEPHONE 1214) 969-0969
FULBRIGHT 6 JAWORSKI OFFICES
BANK OF THE SOUTHWEST BUILDING 2200 INTERFIRST PLAZA
HOUSTON,TEXAS 77002 300 CONVENT STREET
TELEPHONE 1713) 651-5151 SAN ANTONIO, TEXAS 78205
TELEX 76-2829 TELEPHONE L5121224-5575
IISO CONNECTICUT AVE..N.W.
2001 BRYAN TOWER
WASHINGTON, D.C.20036
SUITE 1400
2200 INTERFIRST PLAZA
TELEPHONE(202) 452-6600
OALLAS,TEXAS 75201
300 CONVENT STREET
TELEX 89-2602
TELEPHONE 12141969-1969
SAN ANTONIO, TEXAS 78205
AMERICAN BANK TOWER, SUITE 1740
2 ST.JANES'S PLACE
TELEPHONE (5121 224-5622
221 WEST SIXTH STREET
LONDON, SWIA INP
AUSTIN, TEXAS 78701
TELEPHONE 101)629-1207
TELEPHONE 15121474-5201
TELEX 28310
November 7, 1983
Honorable Bill McAlister�.+�''`
Mayor, City of Lubbock
P. O. Box 2000
Lubbock, Texas 79457
Re: West Texas Municipal Power Agency
Dear Mayor McAlister:
Enclosed herewith are the following proceedings relating
to the passage and adoption of the resolution authorizing
the Notice of Intention to pass the concurrent ordinance to
create a Municipal Power Agency, to wit:
1. Two copies of a Notice of Meeting to be posted in
accordance with the attached Memorandum.
2. Two copies of Waiver of Notice and Consent to
Special Meeting to be executed only if there is an absentee
at the special meeting of the City Council and only by the
member of the Council absent from such special meeting. If
all members are present at said meeting or if the resolution
is passed at a regular meeting, the enclosed Waivers need
not be executed and may be discarded. If execution is
required, please return both copies to us.
3. Four copies of the Certificate of City Secretary
relating to the Resolution authorizing the notice of intention.
After completion and execution, all four copies are to be
returned to us.
Honorable Bill McAlister
Page 2
November 7, 1983
4. rtwo copies of the Resolution authorizing the notice
of intention. After completion and execution, one copy is
for the files of the City and one copy is to be returned to
use
5. One copy of the Notice of Intention to Adopt a
Concurrent Ordinance to be completed and furnished to the
newspaper.
6. Five copies of the Affidavit of Publication to be
executed by an official of the newspaper after publication
of the Notice. All copies are to be completed and executed
including a copy of the notice, as it actually appeared in
the newspaper, being attached to each affidavit. One copy
is retained for the files of the City and four copies are to
be returned to us.
If you have any questions, please advise.
very truly yours,
4-�-
Elbert M. Morrow
EMM:bg
Enclosures
cc: Mr. Joe W. Smith
Mr. R. Michael Simmons
WAIVER OF NOTICE AND CONSENT
TO SPECIAL MEETING
That, in relation to a special meeting of the City
Council of the City of Lubbock , Texas,.held on -
the day of , 1983 , THE UNDER-
SIGNED MEMBER(S) OF THE COUNCIL, who was (or were) absent
therefrom, CERTIFY, REPRESENT AND ACKNOWLEDGE that due
notice of said meeting and the business to be transacted was
received in advance' -thereof, and the undersigned HEREBY
WAIVE any objection to the holding of said special meeting
and the transaction of all business at said meeting incident
and related to
A RESOLUTION by the City Council of the City of
Lubbock, Texas, approving and authorizing the
giving of Notice of Intention to Adopt a Con-
current Ordinance for the creation of a Municipal
Power Agency,
EXECUTED AND DATED, the day of
19 83 -
Councilmember
Councilmember
WAIVER OF NOTICE AND CONSENT
TO SPECIAL MEETING
That, in relation to a special meeting of the City
Council of the City of Lubbock , Texas,.held on
the day of , 1983 , THE UNDER-
SIGNED MEMBER(S) OF THE COUNCIL, who was (or were) absent
therefrom, CERTIFY, REPRESENT AND ACKNOWLEDGE that due
notice of said meeting and the business to be transacted was
received in advance -thereof, and the undersigned HEREBY
WAIVE any objection to the holding of said special meeting
and the transaction of all business at said meeting incident
and related to
A RESOLUTION by the City Council of the City of
Lubbock, Texas, approving and authorizing the
giving of Notice of Intention to Adopt a Con-
current Ordinance for the creation of a Municipal
Power Agency.
EXECUTED AND DATED, the day of ,
19 8-
Councilmember
Councilmember
THE STATE OF TEXAS�ac►�ttl1TAV
}
� COUNTY OF�I,tt"3 l)CK
f16TfC OF ►NT�NTf*r4
�p ,A
+:
Before me
a Notary Publl in and for Lubbock C
CRtHt V�tRL=fiflhRDtNA91�E
►IOTtCE tS HERESY GIVEFI that
y
personally appeared
eel - of t``
. kla governing body of the City of
'Lubbock, texas, proposes to meet
a-
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, E?
in session et, Its regular meeting
'Olace,ln me Council Chambers of
10
being by me duly sworn did depose and say that said newspaper has been publish
:the City Hall W-Mad at916 Texas
Avenve, Lubbock, Texas, at 9:30
e
than fifty-two weeks pr or to the first insertion of this ,/
I a'tldck AN, on ,the M day at
:Dotember,1v83,atwhich time and
:�.��Q�7�Z- No.
�'d�--A� at L bhock County, Tex
>an such mate, such govKning body
��e�.dPeses ro �s and tinaliy adoP,
�t-
ed copy of the &4J' 7*1 �
is a true copy of the original and wa
^.a concurrent -ordinance, so,. as 10
ororldetorthe creatunofaMunic.
k
Avalanche -Journal on the following dates:
iiiifMs
�J�IleAr2A i'�.� �Q,��
iDtlPowerAgenc1435aa Meorov.
of Arfide'iri.Sa and Article
'1e?Sb,
_
jo
r j /
Revised Civil Statutes of
;�. Tfftnas, 19Z, as amended, it is pro -
Posed that thetald Agencv-shall be.
__.
�dOn+pgsed the territory within'
th cdrpMal9 limits of the Cities of
P7dgdada,. Crgsbvton,. Brownfield,
'Lubbock, Tulla and Plains.,& wiftv.
" fAeboundaries of two or lhore of
'1Such public entities who so adopt a
,coniturrenfordlnance.,
WS'NOTICE is -Issued and Civen
at IN, direction -of the governing
LUBBOCK AVALANCHE-JOU NAL th°osInhdayofNoemb"er,19113."as'
Southwestern Newspapers Corporation ;Mn>for.citvorwabxk.Taxes
Subscribed and sworn to before me this. r day of 19�
D �I,
FORAI58-10 q j N0 � �, ]OR3
Gill T
"�XitllllT A"
THE STATE OF TEXAS
NOii€EOFINTENTION
COUNTY OF LUBBOCK
T It
Tt?AooPRD
f;.pNCURRIENT fJRf7tNANGE
Before me Bonnie McKee
a Notary Public in and for Lubbock,
the�f oovennoboEdyyofthe�y
ay
personally appeared 'Twi 18 Aufi 1 1 9
Ace -aunt unt' Manare r .
of
of
o Lubbock, Texas, proposes to
meet In session at its regular meet.
:)a -
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, i'
ing place in the Council Chambers
oitheCity hall located at9}6Tex'
ho
being by me duly sworn did depose and say that said newspaper has been publist..
'as Avenue, Lubbock,. Texas, at 9:30
o'clock A.M. an theathdayofDO,
re
• j C — A
than fifty-two weeks prior to the first insertion of this —Lean 1 N ` i
camber i9tt3, at which time rnd on -.
`uch Cate,. Such OoN4min9 NOV
e_
ward-¢rb0.72 No. Rn?R33
at Lubbock County, Tel"
.proposes concur�M ao�dilLlcealso asDto
nt_
ed copy of the N O t i C fP
,
is a true copy of the original and ��
loallbrOPoIde ter the creation r a e prov-
IpalPavarAgencvunderrheprov
,y k
Avalan hTee-Journal on the following dates:
De Cembe r 29, i983.
isions of Article 1I35a find Article
1415b, Revised Civil lotules of
L�
u'
'texas,1"S, as amended. It is pro.,
(.L�
posedlhet the said Agency shall be
composed of. the territory within
V
the corpoiate Ilmifd of the eitles of
i
: Flovdada. Crosbytoh, Brownfield,
Lubbock, Tulia and Plahis, Or with-
in the boundaries of two or more of
who so a
-such Public enfities adopt
concurFentordinance. :.
1t
A C C c u n t Manage(
`
THIS NOTICE Is issued and elver
-of the direction _ of the g6vgrnin9 -
body, of the City of Lubbock, Texas,this
.
LUBBOCK AVALANCHE -JOURNAL
I
Mayor City of Lubbock,Texas
Mayor, City of ubbock#ai<as
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 212#4 day of DeCembe r
9
�' . ',: 6t?A1Hi� Y41gE�'e�idi'AIM p1111�C �
. _ ; tN NID IAA tilt STp� Oi TOCI�
W SON E1mn mv.4c. sm
FORM 58-10
S
e
S
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS §
§
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, on this
personally appeared Twits A011 ! , who a
being by me duly sworn, deposes and says that (s)he
Account Haneger of the Lubbock Avalanche-J
is a newspaper published and having general circula
the City of Lubbock;, -,..Texas, and that a true and cor
of the "NOTICE OF INTENTION TO ADOPT A CONCURRENT 0
hereto attached was published in said paper on the
dates:
NOTd 40F (InAC to TtaM
CDNCtIRRCN Ta7RDfNANCI
NOTICE IS NEREBV GIVEN that
the governing body of the City of
Wbbock, Texas, Proposes to meet
in Session at Its regular meeting
:'late In the Council Chambers of
: the City Hall located at, 016 Texas
,Avenue, Lubbock, Texas, at 9:311
.o'clock A.M. on the ith day of
D"ember, 191t3, at which time and
,On Such date. -Such governing body
prOPoses PC Pass and finally adopt
'a' Concurrent, ordinance, sous to
Provide Jor the creation of a Munia
I041Power Agency Under the prey
isldFs of article 1435a and .Article'.
14
35b, Revised Civil Stafufe5 of
TprasY925, as amended. It is pro.
posed that the said Agency shall be
'composed of the territory within
the corporate limits of the Cities of
f
floydada, Crosbylom Brownfield,
'Lubbock, Tuna and Plains, or with.
%In the boundarles of two or more of
ts:Ch public entities who a0 adopt a.
cnourrentordinance.
TNt$ NOTICE Js Issued and given
,cif the tlifectlon of the .governing
;body Pf the City of Lubbock, Texas,
iahis 1 flh day of November, 1963.
,i,Miyor, City of Lubbock, Texas
RDINANCE'
following
November 23 1983; and
1983;
the date of the first publication of said notice being at
least fourteen (14) days prior to the date stated therein
for the passage of the concurrent ordinance.
e/
ACCOU"T INARABER
SWORN TO AND SUBSCRIBED BEFORE ME, this the 23rd
day of November , 1983.
G
Notary Public in and for
the State of Texas
My Commission Expires:
isli®l1�4
(Notary Seal)
NOV 1 1QR
My swi ARY
fir:;,c it
--� CITY OF=' L—UBBOCK
762-6411
CITY SECRETARY -TREASURER P.O, Box 2000
LUBBOCK, TEXAS 79457
December 5, 1983
Ms. Janice Slemmons
Dumas, Huguenin, Boothman, & Morrow
2001 Bryan Tower - Suite 1400
Dallas, Texas 75201
RE: West Texas Municipal Power Agency
(Resolution 1530)
Enclosed herewith to you is the Publisher's Affidavit, which fulfills
the second publication requirement, pursuant to your phone call of
11/30/83.
I received the other documentation for 12/8/83, 12/15/83 and
post-12/27/83 in today's mail, and will return the appropriate copies to
you following the December 15 meeting.
EVELYN GAFFGA, CMC
City Secretary
Enclosure