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HomeMy WebLinkAboutOrdinance - 217-1922 - Contract With Janes Contracting For Construction Of Waterworks. Sewer - 12/11/1922v \._..I ~o be passed by Cit1 Commission, signed by Mayor. signed and sealed by City Secretary. and recorded in Minutes of City Commission. ( l 0 ITY HALL Cit of Lu~ock, ~exas. -~ • 1922. The City Commission ot the City of Lubbock, ~exas, was convened in reguler ses'i2(n 1n the Cit;v Ball, in the Cit;v of Lub- bock, Texas, on the _j/_ day of ti"A: , 192~ Present,- Mayor er~7 p er,comm ss1onere --~!?'f $1J~ V ana" • • erme.ny, y eore a y,-w en e o owing procee ngs, among others, were had, to-wit: The Mayor offered for consideration and passage by the Cit;y Commission Ordinance No. ~hE· entitled, nAN ORDnUNCE RATIFYING AND CONFIRYDIG OOB'.J.'RA TWEEN THE CITY OF LUBBOCK, TEXAS, AND TRE JANES CONTRACTING COMPANY, CONTRACTOR, FOR THE CONSTRUCTION OP CERTAIN WATERWORKS AND SEWER EXTENSIONS IN AND FOR SA .ID CITY: PROVIDinG FOR THE ISSUANCE 0!' SIX PER CEB~. ( 6%) mTEREST BEARIBG WARRANTS m PAYMENT THEREFOR: LEVYIBG THE NECES- SARY TAX TO PAY THE INTEREST AND PROVIDE A ~ IBXING FUND TO RET IRE SAID WARRANTS AT MATURITY: AND DECLARING AN EMERGENCY." Moved b;v Oommtsaioner ~ , seconded b;v Commis- sioner Q,"i'ffr • that the orctlnanoee read 1n i'ull. Motion oarriedlfin e ord inanoe was read in :tull by the Secretary. /?!.loved b;v CoiDIDieaioner r . seconded b;v Commie- stoner r~ ' that the ord ncepsse its first reading: YEAS: ~ ~ Q' ;tJrr-<- IAYS: Bone. Motion carried. oved by Commies loner ~ , seconded by Comm1s- s1oner , that the ru~~pended and the ordinance be place on e second reading by caption: ....0 YEAS: /'~. ~I /-..~ NA ~: Bone. Motion carried. ~;y Oommisaioner ~ sioner -~ • that the or no final re ng by caption: YEAS: fl~-~ I .NAYS: Bone. Motion carried. • seconded placed on its f~ by Commie- third and f\ ~7 CoDID1Ba1oner ~ , seconded b;v Commie- stoner ~~ , that the ordinan ce be finally passed: fr YEAS : ~· ~ 1'-~ 'Motion carried. adopted. BAYS: lone. The Mayor then declared the ordinance finally The ord l.nance followw: 0 :L ORDINABOE 110. 't::L2 AB ORDIIANCE NATIFYDG ABD colli'nmmG OOBTRAO'l' !ETWEEI !BE C ITT Ol LUBBOOX, !EnS, AliD 1'BE JABES COI!RAOTIIG COJIPAIY, OOITBAOTOB, POR THE COISTIWCTIOB 07 CERTA Ill WA!l'ERWORXS AND SEWER EX'fUJSIOBS DT ADD POR SAID CITY: PROVIDIIG POR THE ISSUAII:E OJ' SIX PER CElT. ( 6~) IliTEREST BEARIIG WARRANTS II PAY!LdT ~HEREli'OR: LEVYDG THE IECESSARY TAX ~0 PAY THE IITEREST AND PRO- VIDE A SIBXIBG J'lJID TO RET mE SAID WARRAITS AT MATURITY: AliD DEOLARIBG AB EJlERGEIOY. WHEREAS, the City of Lubbock, Tezae, through its Jlayor and Oity Secretary, bas heretofore, namely on the 3rd day of November, 1922, entered into a contract wlth Janes Contracting Oo~anr, Contractor, tor the construction of certain waterworks and sewer e%tens1one in and for said Citr, in aooordanoe with plane and speo1f1oatioas heretofore adopted by said Cit7 and on .tlle in the off1oe of the City Secretary .. which oontraot is hereto referred to and made a part hereof; and. ' WHEBEAS, aaid contract bas been read and tully under- stood: lOW, TBEREPORE, BE r.r ORDA IBED BY THE 0 ITY Ol!' LUBBOCK • TEXAS: 1. fbat said oontrao~ between said 01 ty ot Lubb(X)k, Texas. and said Janes Contracting Company having been signed and executed for and in behalf of said Cit~ by its Maror and attested b~ ita Oitt Seoretary, the same is hereby ratified• approved. con- firmed and adopted as the act and contract ot eaid City, and the same shall have eft eo t a coo r41ng to 1 ts tenor and purport, and shall be entered upon the Minutes of this Commission. 2. That said sum of tl95,000.00, provided for in said. oontraot as the oontra.ot prioe for the construction of said water- works and sewer extensions. 1~ herebf made and declared to be the lawful debt of said 01~ of Lubbook. Texas, t l45,000.00 of wh1oh is to be paid in oash, the balanoe in legally issued war- rants of said City. u v 3. !bat, 1n aooordanoe with said contract, warrant• of said City, to be oalled "CITY OJ llJBBOOX WATERWORIB lo SEIER EXTENSIOI WABBABTB, SERIES 1928", shall be i•emed 1n the sua of J1ft7 !houaan4 Dollars C$60,000.00). -'• Said warrants ahall be numbered fJ,'oa one Cl) to fifW (50) , iao lu.st'Ye, and aha n be 1D the 4enoJt1Da tlon of One !houaand Dollars (tl,OOO.OO) eaoh, agsregating the aum of J'ifty !houaand l>ol- lars Ct&o,ooo.oo). ·6. !he7 aha 11 be dated the lOth da7 of lanuar7, 1923, and shall beooae due and pa,a ble as follows: WABRAI'! IUKBEBS. IIATURI!Y. DATES. AKOUI'lS. 1 • s, .ta.nuary lOth, 1928, f2,000.00 3, • ' 5, " " 1989, s,.ooo. 00 6 • '· " " 1930, 2,000.00 a, 9 & 10, " " 1931, 8,000.00 11 At 12, l( " n 198.2, 2,ooo.oo 13, 14 8e 15, " " 1938, 3,000.00 16 • lf, " ,, 19~. 2,000.00 18, 19 & 20, " " 1935, z,ooo.oo 21 • 22. .. " 19!6, 2,000.00 23, 24 • 25, tf " 1937, 3,000.00 26. 27, • "' 1938, 2,000.00 28, 29 • 30, " ,. 1939, 3,000.00 81 " 32, " " 1940. 2,000.00 33, 34 • 35. " " 1941, 3.ooo.oo 36 & 3'7. " " 1942. 2,000.00 38, 39 • 40, " " 1943, 3.ooo.oo 41 • 42. " n 1944, 2,000.00 43. 44 • 45. " ,, 19l6, 3,000.00 46 & "". " " 1946, 2,000. 00 48, 49 • 50, " " 194.'1, 3,000.00 6. Said warrants a hall bear interest from tate until paid at the rate of six per oentum C 6~) per annum, paJ&ble lanuary lOth, 1924, and sem1-annua117 thereafter on th~ lOth da~ of J'ul7 u4 the lOth da7 of Jarmar7 af each year. Past due interest shall bear 1llterest at the rate of six pe%" centua ( 6.) per annum from •tur1t7 untU pt.1c1. Said interest 18 a part of the oon- traot pr1oe agreed to for tbe const~ction of 8&14 waterworks and sewer extensions, aDd shell be ertdenoed by ooupons attached to eaoh of aaid •rranta. At the ttme of delivery of sa14 warrants, or aQJ of them, to said Oontrae~or, it shall pa7 to the City !reaeurer the full amount of interest which has aocrued on said 0 0 warranta from the date of same ~o the date of such delivery, whieh date shall be evidenced by date of registration of said warrants b7 the City freaaurer, as hereiuafter pro•14ed. 7. Principal and interest of said warrants shall be pay able at the Continental & commercial Bat1onal Bat1onal Bank, Chi- • oago, tl1ino1a, upon presentation an4 surrender of proper war~nt or coupons. Sa14 warrants sb$11 provide that in the eTent of default 1n the pa1JDent of principal or interest, and the same is placed 1D the hands ot an attorney for collection, or if collected by suit, or b7 legal prooeedibga of BOT kind, an additional amolUlt of ten per centum (10~) of the prinoipal an4 interest then due, shall be added as attorneJ1 B fees, 8, Said warrSDta shall be signed b7 the ltayor, 0011llter- sign$d by the City SeoretarJ and registered b7 the 01~ treasurer, and the seal of the 01 ty shall be impressed upon eaoh of said •r- rabta, Jf'ao aimlle signatures of the Jlayor and Oity Seoretar7 m&J be 11thographe4 upon 'the interest coupons. 9. The form of warr&llt shall be substantially as :tol- lows: Bo. __ tm I'lED STATES OJ AliEBIOA 5 TATE Ol !EXAS COUIH 07 LUlU3001: Q Ift Ol .WBBOCX WATERWORXS a: SEW~ EX!EBS IOI WA.RRAIT, SERIES 1925, f l,OOO.OO THIS IS !0 CERTIFY that the City o:t Lubboo:t. a munici- pal corporation in the Count7 of Lubbock, aDl State o:t !exas, under and b7 virtue o:t a valid and subsisting contract, is justly indebted to Janes Ooatractins Compan7, Contractor, ita aaaigns or bearer, in the principal sum of OlE !ROUSABD DOLLARS in lawful money of the United Statea ot America, toge"ther with in- terest thereon,. from date hereof until pald, at the rate of six per \ centum ( 6~) per anDWD; in·tereEtt paJ&ble January lOth, 1924, aDd semi- ~ \ I \ \ ' \ \ 0 aDDuall7 '*hereafter 011 the lOth dar of Jul1 aal the lOth cta1 of Jan• aq of each 7ear; past due interest sha U bear interest at the rate of six per centum (6~) per ammm b'om •turlty until paid; both principal and interest :p&J&ble at the OontiJleatal • Commerolal Is- tiona 1 Itau, Ohiaago, nlilloia, upon prewenta t1on and surrender of warrant or proper coupon; aDd the City 'heasurer ot sa14 Ci v ia hereb;r authorised. ordered and directed to pq to the aa1d J'anee Contracting CompaDJ. Contractor, ita aaalgna or bearer, at the said ba~. the said sum of One !houean4 Dollars (tl.ooo.oo). on the lOth day of Ja11Uar7, 19 ___ , the date of maturity of thla wan-ant, 1A fUll settleaent of the 1D4ebtetness herebJ eT1denoe4, from the "Special waterworks & Sewer ~xtension Warrant lUnd, Sertea 1923", of aa14 Clt7, len-led, aaaesaet a tid created for tla t JJvpose. lT IS BBRDY aspeciaU;r agreed that 1f thia nrrut, or &Q 1ntereBt eoupon hereto attached, 1e not Jl&id at •tur1t7, an4 the same ls placed ln the banda of an attorney for oolleo~1oa after maturl~T thereof, or suit is filed thereon. or oolleot1on made b7 lepl proceed1nga of &llf' k1Dd, an a44it1o.aal a1110unt of ten per oentum (1~) pn the pJrino 1pal and lnterest then due, shall 'be added ae attor.aay'e fees. THIS W.ARRAI!' is one of a series of fifty r 50) warrants, numbered ooaaeoutively from oae (1) to flft7 (50), 1nolus1~e, in the denomination of Oae thousand Dollars (fl,OOO.OO) each, aggre- gating the sum of Plft7 Thouaand Dollars (f60,ooo.on), issued for the purpose of eT14eno1ns the 1n4ebtedneae of tbe Ott7 of Lubbock to the aa1d Janes Ooatraoting Coapany, its aeelgas or bearer, for the oonetruot.S.on of waterworks aDd sewer extensions in and 1'or aald 01t~, 1D. aoool:'Clanoe with oon~raot between eald Oit7 and said OoD- traotor, u4er al14 b7 Tir~ue of the Constitution ancl lan of the State of ~exas, and the City Charter of the Cit7 of Lubbock, Texas, aa4 ill pvaua.110e Of O.r41aan .. lo, #!-_• a4opte4 b7 the cat7 Oom- aias~on of sa14. Cit7 on the //; da7 of ~-, 1922, . . aild ~eoorded in Book ~ , page j/0 et ae q. , of the Kinu tee , I of said City Commission. THE DiTE of this warrant, in conformity with the ordi- e unoe above mentioned, 1a January lOth, 1923; and it ia hereby certified and reoited that all aots, conditions and · things required to be done preoedertt to an4 in the issuance of this warrant, have been properl7 done and performsd and have happened, in regular and due time, form and DIBIUler as required by law. ant that the total indebtedness of said City, including this warrant, does not exoeed an7 oonstitutional or atatutor.v limitation. II 'fESTDIONt WHEREOF. the City Oommieeion of the City of Lubbook, texas, haa oaused the seal o~ said City to be hereto and affixed and thls warrant to be signed by the Mayor/ countersigned by the Cit7 Seoretary, ae of the date last above written. COUlTERS IGBED : ciiy Secretary, City of Lubbook:, texas. l&yor, city of tibbook, texas. REGISTERED. this ---day of ----1923. City Treasurer, City of tubbOik, Texas. !he form of interest coupon shall be substantially as follows: No. t3o.oo OJ TBE lOTH DAY OF _____ .. 19 ___ , the Cit7 ot Lubbock, Texas, will ~ay to Janes Contracting Company, Oontraotor, its assigns or bearer, at the Continental & Commercial Rational Bank. Chicago. Ill inois, the sum of Thirty Dollars f t 30.00), being eix months' interest due that day on CITY OlJ' LUBBOCK WATERWOIK ~ • SEWER EXTENSIOll WARRA.IT , SERIES 1923, NO. ___ , dated January lOth, 1923, to whioh this ooupon is attached and is a part thereof. -n~------------Jla yor. C lt7 Seo retary. "'" I ,__,, Ordinance No. 117. AN ORDr l'TANCE RATIFYING AND CO:NFIRMING COlTTRACT BETWEEN THE CITY OF LlJEBOCK, 'l'EXAS, A1iD THE JANES COHTRACTING CO:i£PANY, CD lTTR \.CTOR, :fOR THE CONSTRUCTION OF CERTAIN WATER'NORKS AND SEWER EXTENSIONS n:r llJ.ID FOR SAID CITY: PROVIDING FOR THE ISSU~~CE OF SIX PER CENT. (6%) INT.ER~ST 'RE :\PING \~'ARRANTS IN PAYUE HT THEREFOR: LEVYING THE NECESSARY TAX TO PAY THE HITEREST AliD PROVIDE A SINKING FUliD TO RETIP.TI S.AJ D WARHANTS AT 'MATURITY: A1"D DECLARING AN EMZRGENCY. WHEREAS, the City of Lubbock, Texas, through its Ma.ror and Secretary, h ~s heretofore, namely on the 3rd day of Novemb e r, 1922, entered into a contract Y.ri th JA,nes Contr~cting Company, Contractor, for the cons true tum of certain water-.vorks and sewer extensions in and for said City, in accordance with plans and specifications here tofore adopted by said C i ty qnd on file in the office of the City Secret ~ry, wLich contract is hereto referred to and made ~ part hereof; and, WHEREAS, said oo ntract has been read ".nd fully understood: NON, THEREFORE, BE IT ORDAINED 13v THE CITY OF LUBBOCK, TEXAS: 1. 1'hat said contract between said City of Lubbock, Texas, and said Janes Contracting Company havin~ been signed and executed for and in behalf of said City by its Mayor and attested by its City Secretary, the same is hereby ratified, approved , confirmed and adopted as,the act and contract of sa.id City, and the same shall have effect according to its tenor and pu~ort, and shall be entered upon the Minut s of this 6 om.-ni s si on. 2. That said sum of $195,000.00," provided for in said contract as the t::ontr:.::.ct price for the construction of said waterworks and s·ewer extension, is hereby made and decl~red to be the lawful debt of S3id City of Lubbock, Texas, $145,000.00 of which is to be paid in cash, the balance in legally issued warrants of said City. 3. That, in accordance with said contract~ wa rr1 nts of s· id City, to be called "CITY OF LT.JBBOCK WATERWORKS & SE''ffiR E:XTENSIO~; WARRANTS, SERIES 1923", shall be issued in the sum of ]'ifty Thousand Dollars (~50,000.00). 4. Said warrants shall be nu.mbered from one (1} to fifty (50), inclusive r.ttld sh[!.ll be in the denomination of One Thousand Dollars ($1,000.00) ~~ch, aggregating the sum of Fifty Thousand Dollars (~50,000.00). 5. 'l'hey shall be dated the lOth day of ~anuary, 1923, ·md shall bee ore due and pay'~.ble as follo·ws t WARRJI.NT 1'1JMI3ERS MATURITY DATE AMOUNTS 1 & 2, .January lOth, 1928 $2,000.00 3,4 & 5, " It 1929 3,000.00 6 & 7, It-" 1930 2,000.00 8,9, t!r 10, " tt 1931 3,000.00 11 8r 12, " tt 1932 2,000.00 13,14 & 15, , .. " 1933 3,000.00 16 !} l"l, IJ " 1934 2,000.00 18, 19, Pt 20, tt If 1935 3,000.00 21 & 22, It It 1936 2,000.00 23, ?4 & 25, It II 1937 3, ooo. 00 26 ~.,. 27, It n 1938 2,000.00 ?A, ?9 t!r 30, " " 1939 3:-ooo. 00 31 & 32-, It rt 1940 2,000.00 33, 34 & 35, It II 1941 3,. 000.00 36 &-37, It n 1942 2,000.00 38, 39 /f. 40, tt II 1943 3,00 0.00 41 & 42' rr n 1944 2,000.00 43, 44 & 45, II tl 1945 3,000.00 46 & 47' " rr 1946 2~000.00 48, 1:9 & 50, II a 1947 3,000.00 6. Said warrants shall b ea r i n terest from d a te until paid at the r1te of six per centum (6%} per ann~~, payable Janua ry lOth, 1924, ~nd semi- ..,nnually thereafter on the lOth d a y of .July and the lOth d a y of .Janua ry of e ..,,ch ye "~r• Pas t due inte r es t s h a l l be~1 r i n t e r es t .., t t he r··t e o f six Ord. # 'Trf-Pg. 2. ( l per centum (6%) per annum from maturity until paid. Said interest is a part of the contra~t price agreed to for the construction of s q id W'J.terworks r.tnd se"ll'er e x tensions, and shall be evidenced by coupons attached to each of said warrants. At the time of delivery of said warr::1-nts, or any of them, to said contractor, it shall pay to the \,;i ty 'l'r easur e r the full amount of interest 'Nhich has accrued on said warrants fram the d a te of the same to the d ~t e of such delive ry, ·rvhich d 1.te shall be evide nced by the dn t e of r e gistra tion o f said warrants by the l!ity Treasurer, as q e reinaft e r provided. 7. Principal and interest.of said warrants shall be payable at the Continental & Cormnercial National Bank, Chicago, Illinois, upon presen- t'ltion and surrender of proper warrant qr coupons. Said warrants shall provide that in the event of default in the payment of principal or interest, and the same is placed in the hands of an attorney for collec- tion, or if collected by suit, or by legal proceedings of any kind, an addition~l amount of ten per centum (10%) of the principal and interest then due, shall be added· as at torney•s fees. 8. Said warrants shall be signed by the M~r, countersigned by the City Secretary and registered by the City Treasurer, and the seal of ill@ City shall be impressed upon each of said warrants. Facsimilie s1gnatures of the Mayor and City Secret~ry may be lithographed upon the interest coupons. 9. The form of ·,;varrant shall be substantially as follows: No. ---UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK WATERWORKS & SF.W'ER EXT.3NSION WARRANT, SERIES 1923. 1~1t000.00 'l'HIS IS TO CERTIFY that the l:i ty of Lubbock, a municipal corporation in the County of Lubbock, and StB.te of 'l'exas, under 9-nd by virtue of a valid a nd subsisting contra ct, is justly indebted to J~nes Contra cting Company, Contra ctor, its as signs or bearer, in the principal sum of 0}ill THOUSAND DOLLARS in lawful money of the United States of America, together with interest thereon, from date hereof until paid, ·at the rate of six per centum (6%) per annum; interest payable .January lOth, 1924, and semi-anntnlly ther~ after on the lOth day of .July and the lOth day of .J1\nuqry of each yea.r, pe.st due interest shall bear interest at the rste of six per centum (6%) per annum from maturity until paid; both principal and interest payable at the Continental & Co~aercial Na tional Bar.k, C~iccgo, Illinois, upon presentation ~nd surrender of 1!fa.rrant or proper coupon; ·nd the City Treasurer of ~aid City is ~ereby aut h orized a nd ~rected to pay to the said .Janes Contracting Company, Contra c'tor, its assigns or bA!'l -rer, at the said bar.'k', the said sum of One 'l'hous a nd Doll .~u s (:$1,000.00), on the 19th da y o f .January, 19 the date of maturity of this warra nt, in full settlement of the indebtedness hereby evidenced, fr om the "Sp e cia.l Wat e rworks &· Se,Ne r Extension Warrant Fund, Ser.i.es 1 92 3 ~, o f s~d Ci ty, l ev ied, a s sedsed and created for that purpose. IT I S HER EBY especially agreed tha t if this warrant, or intPrest here- to a tt3 ched, is not paid at maturity, a nd the same is placed in the hands o f an a ttorney for collect i on a ft e r maturity thereof, or suit is filed thereon, or colle c tion made by legal proceedings of any kind, an additional a.-rnoun t of t e n per c e nttua (10%) on the principal 1-nd interest then due, shall be a dded a s a ttorney's f~es. 1'HIS W.A..tm ANT is one of a s e ries o f fifty {50) warrants, nu:nbered con- se cu~ive ly from o ne (1) to fifty (50), i nclusive, in the denomination of One Thousand Dol13.rs (d~l,OOO. 00) each, agg reg1.ting the sum of ]'ifty Thous~nd Dollars (~59,000.00), issued for the purpose of evidencing the indebtedness of the City of Lubbock to the said Janes Contr~cting Company, its assigns or bearer, for the cons true ti on o f wa terworks a nd s ewe r · extensions in and for said City, in accorda nc e ~i th con t r ~c t b e t v een said City and said Contre.ctor, under a nd by virtue of the c·onsti tution and la ~s of the Sta te of texa s, a nd the City Ch a rte r of the City of Ord. U 11? -Pg. 3. Lubbock, fexAs, and in pursuance of Ordinance No. 11?, adopted by the City C ommi s sion of said City on the 11th day of December, 1922, ~nd recorded in Book 3, page 110, et seq., of the Minutes of said City Comm i ssion. THE D"...'!'~ of this warrant, in conformity with the ordinance above rn ~ntioned, is January lOth, 1923; and it is hereby certified ~nd recit- ed th~t all acts, conditions and things required to be done precedent to and in the issuance of this warrant, have due time, form and manner ~s rA nuired by law, and that the total indebtedness of said City, including this warrant, does not exceed any constitutional or st .::~tutoy lil'li t"'.. ti on. I.N TESTDJ:O.NY WHEREOF, the City Commission of the City of Lubbock~ 'l'exe.s, has caused the se8.1 of said City to be hereto <=tffixed a.nd this ·rarrl=)nt to be signed by the ]!ayor, countersigned by the City S ecr e t 8.ry, as of the d~te last above written. COUNTERSIGNED: ~R. Gorm.~_n~~~-=~---­ City Secretary, City of Lubbock, Texas. Percy Spencer Mayor, vity of Lubbock, Texas. REGISTERED, this 1923. day o f City ~reasurer, Uity of Lubbock, Texas. 'l'he form of the interest coupon shall be substantially as follot.•.r s: :NO. ON THE lOth DAY OF ' 19 $30.00 the City of Lubbock, Texas, will pay to the Janes Contracting Company, Contractor, its assigns or bearer, at the Continental & Cow.mercial National Bank, Chicago, Illinois, the sum of Ihirty Dollars ($30.00) being six months r interest due th-,.t day on CITY OF LUBEOCIC WATERo··r.rms ,~ SEVIER EXTE1TSIOI:r WARRANT, SERIES 1923, No. , dated J'anul=).ry lOt!l, 1923, to which this coupon is attached and is a part therP of. J".R. Germany City Secret ~ry. T"'le folloning assignment shall be printed said ''larrnnts: ASSIGNMJ!:NT. Pe r cy Spencer Mayor. on the back of e~ch of 'l'HIS IS '1'0 CERTIFY that .Je.nes Contracting Company has received the -·i thin princip'">.l Wateruorks &: Se,·rer Extension Warrant q nd the interest coupons thereto annexed, from the City of Lubbock, Texas, and, for value received, hereby transfers, assigns, sells, and delivers, without recourse, to beerer, all right, title and interest it has in and to the s 'l me, .gnd ~lso the proportionate part of se.id contract price qnd the debt due it, ·•ith intere s t the r e on, by s"tid City, which is represented b·r the amount C "~lle d f or by this principa l warrant "tnd the a!!PeYe<'l coup ons; 'l.nd said b ea r e r is hereby subrogt.ted ·to all claims, liens, right or title, ··1hether in law or in equity which are may be secured to said J'anes l,;ontracting Company in said contract and it hereby authorizes the befctrer hereof to collect the sa.me ~md give :full receipt and acquit- t~nce th e reof i n its n~e. JA}Tfl:S COlTTRAC"Til.G COIIPA::'-1Y, COI\TRACTOR, BY ------------·----------- .. l ., --\ Ord. # 117 -Pg.4, I L __ ... 10. Said warrants shall be executed and delivered to said Contractor on estimates of matE-rial furnished and labor performed by said Contractor 3-nd a ccepted by said City, prior to the date of such e stir.aa tes. S 1i d c.sti mates shall be duly audited ~nd after inspection 2nd acce;-tance of said material rod labor by the City Commission, the amount of said ;stimates shall be allowed find warrants herein autbo~iz ed and delivered to s·-1id Janes Contr,cting Company for the full amount af s"id estim::t te G. 11. IT IS ]'UR1'HER ORDAINED that a fund be and the same is· h"'·reby m· .de a'f1c cr-:q ted snd shall be set aside and designated as "'SPEC I \L ""'.\TER'J'ORKS & SE1tTER EYTENSION WARRANT F U.ND , SERIES 1923 ", 'Nbich fund h ~ collected shall be use d to p a y the interest an d provide t he n cessl':J.ry sinking fund to pay sall.d warrants. at maturity, ::> nd for no o tber purpose; tlm t to create said fund f o r the purpose of PEl¥ ing the interest on said warrants ~-nd providing sufficient sinkine fund to pC~.y them at maturity , a tax of and at the rate of ten cents (10} on the $100 '?-.lw~.tior of a.J.l taxable property in Bl3id City sh • 11 be annu lly levied, assessed ~nd collected, and said tax is here now levied for the current ye~r, Rnd so much thereof as shall be necess ry for ePch svcceeding ye~n while aaid warrants , or any of tlj.em aze outstanding nd unr aid, and the same shall be annually assessea and collected qnd eppli- ed to the _urpose named . 12. IT IS FURTHER ORDAI~~ that in addition to the advalorem tax levied to pay the interest and principal of said ~.rarrants , all of the revenue, or so much thereof as shall be necessary, derived from the oper~tion of the watervwrks and sevver systems, shall be and the same is ~1ereby irrevocably pledged to create a sufficient fund to pay the interest and pr incip~,l of said. warrants <:<.t their respective maturity dAtes. 13. The fact that the City of Lubbock is in urgent need of the w~ter- 'o rks ?r ~ s·emer extensions herein contemplated, creates an emergency ~nd an imper ~t ive public necessity that the rules requiring ordinances to be read a.t more than one meeting of the City Commission be suspended, ~vd it io so ordained, and this ordinance sh~l take effect and be in force from and after its passage and approval. PASSED, this the 11th day of December, 1922 APPROVED, this the 11th day of lkcembe-r, 1922. ATTEST: J.R. Germany "City ..,..Secret ary "i ty r,f Lub1 ~ock, TeX'l.S. Percy Spencer Mayor, City of Lubbock, Te:A.as. '·