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HomeMy WebLinkAboutOrdinance - 310-1925 - Authorizing The Issuance Of Warrants In Payment Therof. - 07/06/1925, -·, -~·--------------------~ ~------~~ ORDINANCE NO. 310 AN ORDINANCE RATIFYING AND CONFIRMING CONTRACT ENTERED INTO BY AND BETWEEN THE CITY OF LUBBOCK, TEXAS, AND FAIRBANKS, MORSE & CO., CONTRACTOR, FOR THE FURNISHING OF AN ADDITIONAL UNIT FOR THE ELECTRIC LIGHT PLANT IN AND FOR SAID CITY, AUTHORIZING THE ISSUANCE OF WARRANTS IN PAYMENT THEREOF; LEVYING THE NECESSARY TAX TO PAY THE INTEREST AND PROVIDE A SINKING FUND TO RETIRE SAID WARRANTS AT MATURITY; AND DECLARING AN EMERGENCY. WHEREAS, the City Commission of the City of Lubbock, Texas, bas therefore determined the necessity for the installation of an additional unit for the electric light plant in and for said City, and, in accordance with the provisions of Section 27, Article IX, of the Special Charter of said City, caused to be published in the Lubbock Avalanche an advertisement calling for bids for the furnishing of said unit; and, WHEREAS, the City Commission received and canvassed bids and found that the bid of Fairbanks, Morse & Co. was the best bid received, and in consequence thereof entered into a contract with said Fairbanks, Morse & Co. on the 4th day of June, 1925, which contract is hereto attached and made a part hereof; and, WHEREAS, said contract bas been by this Commission duly considered and understood: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LUBBOCK, TEXAS : 1. That said contract be and the same is hereby ratified, approved, confirmed and adopted as the act and contract of said City, and the same shall be recorded upon the Minutes of this Commission, and said sum of $29,880.00 is hereby made and declared to be the lawful debt of said City of Lubbock, Texas. 2. That, in accordance with said contract, warrants of the City of Lubbock to be called "CITY OF LUBBOCK ELECTRIC LIGHT PLANT WARRAN'l'S, SERIES 1925", be issued in the sum of Twenty Nine Thousand Eight Hundred liJhty Dollars ($29,880.00) evidencing the contract price to be padi Fairbanks, Morse & Co,, Contractor by said City for the furnishing of said unit in accordance with said contract. 3. That said warrants shall be numbered from one (1) to thirty (30) inclusive and shall be in denomination of One Th ousand Dollars ($1,000.00) each, except Warrant No. 1 shall be for Eight Hundred Eighty Dollars ($880.00), aggregating the sum of Twenty Nine Thousand Eight Hundred Eighty Dollars ($29,880.00). 4. That they shall be dated July 15th, 1925, and shall become due and payable serially as follows: . WARRANT NOS. 1 2 3 & 4 5 & 6 7 & 8 9 & 10 11 & 12 13 & 14 15 & 16 17 & 18 19 & 20 21 & 22 23 & 24 MATURITY DATES. July 15, 1930 II 15thl931 II 15thl932 II 15th 1933 II 15th 1934 II 15th 1935 II 15th 1936 II 15th 1937 II 15th 1938 If 15th 1939 II 15th 1940 " 15th 1941 " 15th 1942 AMOUNTS. $ 880.00 1, 000.00 2,000.00 2,600.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 2,000.00 25 & 26 27 & 28 29 & 30 II 15th 1943 II 15th 1944 II 15th 1945 2,000.00 2,000.00 2,000.00 5. That said warrants shall bear interest from date until paid at the rate of six per centum (6~} per annum, payable semi-annually on the 15th day of January and the 15th day of July of each year, which interest is a part of the contract price agreed to and shall be evidenced by coupons attached to each of said warrants. Past due interest shall bear interest at the rate of six per centum (6~) per annum from maturity until paid. 6. Principal and interest of said warrants shall be payable in lawful money of the United States of America upon presentation and surrender of Warrants or proper coupons at the Continental & Commercial National Bank, Chicago, Illinois. Said warrants shall provide that in the event of default in thepayment of principal or interest, and the same is placed in the hands of an attorney for collection or if collected by suit, or by legal proce edings of any kind, and additional amount of ten per centum (10%) on the principal and interest then due shall be added as Attorney's fees. 7. Said warrants may be redeemed by the City on the 15th day of July, 1926, by payment of principal and accrued interest, or they may be redeemed by the City on the 15th day of July, 1930, by payment of principal and accrued interest and in addition thereto one per centum (1%) of the principal sum. and in case they are notcalled for redemption on either of the above dates, the options shall bot be effective except as above stated. In the event said warrants are called for redemption on either of said dates, notice thereof shall be given by the City Secretary of said City to the holders either in wirting or by pu~lication in a well known financial chronicle published in the United States, at least thirty days prior to the date fixed for redemption, and if same are not presented for redemption. they shall cease to bear interest from and after the date so fixed for redemption. 8. Said Warrants shall be signed by the Mayor, countersigned, by the City Secretary and registered by the City Treasurer, and the seal of the City shall be impressed upon each of said warrants. Facsimile signatures of the Mayor and City Secretary may be lithographed upon the interest coupons. 9. The form of warrant shall be substantially as follows: No. $ 1,000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK ELECTRIC LIGHT PLANT WARRANT SERIES 1925. THIS IS TO CERTIFY that the City of Lubbock, a municipal corporation in the County of Lubbock~ and State of Texas, under and by virtue of a valid and subsisting contract, is justly indebted,to Faitbanks, Morse & Co., Contractor, its assigns or bearer, in the principal sum of ($1,000.00) in lawful money of the United States of America, with interest thereon from date hereof until paid, at the rate of six per centum (6t) per angum, interest payable semi-annually on the 15th day of January and the 15th day of July of each year; past due interest shall bear interest at the rate of six per centum (6~) per annum from naturity until paid; oth principal and interest payable at the Continental & Commercial National Bank, ' I 0 l ===============·=·~~ Chtcago, Illinois, upon presentation and surrender of warrant or proper coupon: and the City Treasurer of said City is hereby authorized, ordered and directed to pay to the said Fairbanks, Morse & Co., Contractor, its assigns or bearer, at the I• said bank, the sum of One Thousand Dollars ($1,000.00) on the 15th day of July, 19 ___ , the date of maturity of this warrant, in full settlement of the indebtedness hereby evidenced, from the "Special Electric Light Plant Warrant fund, Series 1925", of said City, levied, assessed and created for that purpose. THE CITY OF LUBBOCK reserves the option of redeeming this warrant on the 15th day of July, 126, by paying principal and accrued interest, and if not redeemed on that date then it reserves the further option of redemption on the 15th day of July, 1930, by paying principal and accrued interest and in addition thereto a permium of one per cent (I$) of the principal sum, and if not redeemed on either of said dates the options shall not be effective except as above stated, and in case same shall be called for re.demption on either of said dates notice thereof shall be given the holder either in writing or by publication in a well-known financial chronicle published in the United Stated at least thirty days prior to the date fixed for redemption, and same shall cease to bear interest, from and after the date so fixed for redemption. , IT IS HEREBY especially a greed that if this warrant, or any interest coupon hereto attached, is not paid atmaturity, and the same is placed in the hand s of an attorney for collection after maturity thereof, or suit is filed thereon, or collection made by legal ,proceedings of any kind, an additional amount of ten per centum (10%) on the principal and interest then due shall be added as attorney's fees. THIS WARRANT is one of a series of thirty warrants, numbered consecutiv 1) from one (1) to thirty (30), inclusive, in denomination o€ One Thousand Dollars ($1,000.00) each, except Warrant No. 1 is for Eight Hundred EightyDollars ($880.00) issu~d for the purpose of evidencing the indebtedness of the City of Lubbock to the said Fairbanks, Morse & Co., its assigns or bearer, for the furnishing of an additional unit for the electric light plant in and for said City, in accordance wit contract between said City and Contractor, under and by virtue of the Constitution and laws of the State of Texas, and in pursuance of an ordinance duly and legally adopted by the City Commission of said City and recorded in the Minutes of said Commission. THE DATE of this warrant, in conformity with the ordinance above mentioned, is July 15th, 1925; and it is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this warrant have been properly done and performed and have happened in regular and due t~e, form and manner as required by law, and that the.total indebtedness of said City, including this warrant and the series of which it is a part, does not exceed any constitutional or statutory limitation. IN TESTIMONY WHEREOF, the City Commission of the City of Lubbock, Texas, has caused the seal of said City to be hereto affixed and this warrant to be signed by the Mayor and counteraigned by the City Secretary, as of the date last above written, COUNTERSIGNED: J_. R. Germany. City Secretary, City of Lubbock, Texas. Mayor, City of Lubbock, Texas. REGISTERED, this the ___ day of -------, 1925. C6t y Treasurer, City of T.nhhn,.tr ,.,...,...,..,., c c No. ____ _ The form of interest coupon shall be substantially as follows: $30.00 ON THE 15TH DAY OF , 19 ___ , the City of Lubbock, Texas, will pay to Fatibanks. Morse & Co., Contractor, its assigns or bearer, at the Continental & Commercial National Bank, Chicago, Ill., the sum of Thirty Dollars, ($30.00) being six months' interest on CITY OF LUBBOCK ELICTRIC LIGHT PLANT WARRANT, SERIES 1925, No. dated July 15th, 1925, to which this coupon is attached and is a part thereof. J, R. Germany City Secretary MAyor The following assignments shall be prtnted on the back of each of said warrants: ASSIGNMENT. ~ THIS IS TO CERTIFY That Fairbanks, Morse & Co. has received the within principal Electric Light Plant Warrant, and the interest coupons thereto annexed. from the City of Lubbock, Texas, and, for value received, hereby transfers, assigns sells and delivers without recourse, to W.A. Myrick, all right, title and interest it bas in and to the same, and alee the proportionate part of said contract price and the debt due it, with interest thereon, by said City, which is represented by the amount called for by this principal warrant and the annexed coupons; and said W. A. Myrick is hereby subrogated to all claims, liens, right or title whether in law or in equity, which are or may be secured to said Fairbanks, Morse & Co., in saidcontract, and it hereby authorizes him to collect the same and give full receipt and acquittance thereof in~s name. FAIRBANKS, MORSE & CO., Contractor By--------~----~~ I hereby assign, sell and deliver, without recou~ee, to bearer all right title and interest I have in and to the above mentioned warrant and annexed coupons. 10. Said warrants shall be executed and delivered to said Contractor on estimate to be allowed by the City Commission when said machinery has been delivered in said City of Lubbock and accepted by the City Commission. 11. IT IS FURtHER ORDAINED that a fund be and the same is hereby made and created and shall be set aside and designated as "SPECIAL ELECTRIC LIGHT PLANT WARRANT FUND, SERIES 1925", which fund when collected shall be used to pay the interest and provide the necessary sinking fund to pay said warrants at maturity, and for no other purpose; that to create said fund for the purpose of paying the interest on sa d warrants and providing sufficient sinking fund to pay them at maturity, a tax of and at the rate of three cents (3¢) on the $100.00 valuation of all taxable property in said City shall be annually levied, assessed and collected, and said tax is here now levied for the current year, and so much thereof as shall be necessary for each succeeding year while said warrants, or any of them, are outstanding and unpaid and the same shall be annually ass.essed and collected and applied to the purpose named. 12. IT IS FURTHER ORDAINED that in addition to the ad valorem tax levied to pay the interest on said warrants and to provide a sinking fund to redeem them at maturity, the revenue derived from the operation of the elec tric light plant of the City of Lubbock, Texas, or so much thereof as shall be necessary, is hereby irrevocably pledged to pay the interest and principal of said warrants at their respective maturities. . . c 0 J 13. The fact that the City of Lubbock ia in urgent need of electric light extension on account of the rapid growth of the City, creates an emergency and an imperative public necessity that the rule requiring ordinances to be read at more than one ~eeting of the City Commission be suspended, and it is so ordained, and this ordinance shall take effect and be in force from and after its passage and approval. ATTEST: PASSED, TIIS THE 6th day of July, 1925. APPROVED, THIS THE 6th day of July, 1925, J. R. GERMANY CITY SECRETARY City of Lubbock, Texas. F. R. Friend MAYOR, City of Lubbock, Texas.