HomeMy WebLinkAboutOrdinance - 630-1939 - Issuance Of City Of Lubbock Light Plant Revenue Warrants - 10/24/1939ORDII~A.NCE NO . {p J 0
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AUI'HORIZING THE ISSUANCE OF CITY OF LUBBOCK LIGHT
PLANT REVENUE 1vARR.t\NTS IN THE Ali!OUNT OF $1? 5, 000.00,
_j BE..A.RING 3% INTEREST, PLEDGJNG THE R~VENUES OF SAID
ELECTRIC LIGHT AND PO';VER SYSTEM TO THE PAYLENT OF
'IRE P:.TI\fCIPAL AND INTEREST OF SAl D ··NARRM~ , _'JfD
DECIARTI;G AN EiviERGENCY.
•
"dHEREAS, heretofore on June 6, 1939, the City Oormission of the
City of Lubbock adopted a resolution authorizing the publication of
notice to bidders for the purchase of a certain engine and equipment to
be used in connection with the ounicipal electric light and power plo.nt
of s~id Cit,y which resolution and the ninutes pertaining thereto are
duly recorded in the minutes of the Citlf Conmission in Book 5, at pa~
609; and
~N.HEREAS, pursuant to said resolution said notice to bidders was
duly published in accordance with law; and
'IJHEREAS, pursuant to said notice the City Conmission did on
June 2?, 1939, receive bids for said engine and equipment, the bidders
being:
and
Nordberg Manufacturtng Company, Milwaukee, Wisconsin
Busch-Sulzer Brothers Diesel Engine Company, St. Louis, Mo.
General Hachinery Corp orat·ion, H81!1il ton, Ohio;
\'THERE.AS, after receiving said bids and after hearing a discussion
of said bids by the representatives of se.id bidders the CommissiiDli'l did
accept the bid of the Nordberg l•Llanufacturing Company of Hilwaukee,
Wisconsin for said engine and equipment and at said meeting did authorize
the Mayor to make a contract with said Company pursuant to said bid,
all of which is reflected in the Minutes of the Ci~ Commission on page
613, Minute Book 5; and
WBERE.4..S, pursuant to tbe authority conferred in said meeting the
Mayor executed a contract with said Company in words and figures as
follows:
Proposal No. MIL-39-34
Milwaukee, •/isconsin, U.S.A., June twenty,1~9.
CITY OF LUBBOCK
(Hereinafter called the Purchaser)
LUBB-OCK, TEX.W
Nordberg W~ufacturing Co. (hereinafter called the Company} proposes
to furnish the Purchaser, f .o. b. Cars, Milwaukee, 'His., within ---Four
(4) Months --- - -from date of approval of this contract, at the
Company's office at Milwaukee, ·,/is., and receipt of all information
necessary for the work to proce~d without interruption, unless delayed~
strikes, fires, accidents, or manufacturing contingencies beyond the
reasonable control of the Company, the hereinafter described machinery,
such machinery to be in strict conformity with tfl.e specifice. tions of
the Coi!lpany (attached to this proposal and forming ·pe.rt hereof), to-wit:
...
J
ONE (1} Nordberg ~pe TSG 2ia, 3200 B.H.P., 225 R.P.M.
Crosshead Piston Constructed, lfuchanical Injection
Convertible Gas Diesel Engine arranged for
direct connection to
One (1) 2250.K.U., .8 power factor, 3 phase, eO cycle,
2400 volt, 50° c., alternating current flywheel
type generator, equipped with motor-operated
rheostat and temperature indicating equipment.
One (1) -30 K.1.v., 1150 R.P.I111., shunt wound, multi-V-belt
driven exciter.
The Company will furnish any standard make of generator and
exciter which rray be selected by the Purchaser subject to the
Company's approval with respect to design, capacity, and effioien·oy.
Accessory equipment, spare parts, and auxilia~r equipment
will be furnished as listed on Pages?, 8, 9, and 9a.
If the Purchaser will fm-nish gas at 40 to eO lbs. pres·sure, {50
lbs. being preferable), to and, will operate this engine as a mechanical
in·jection engine wmn operating on fll:el oil, a deduction of ~5,800.00
will be made, making a term p:rice of ~1?9 ,eOO.OO and a :c:ash price of
$1?5,018.00.
It is understood and agreed that the .City's Sp ... cifications are
incorporated in this proposal as though copied in full herein, and it
is the intent of this proposal that the City•s Specifications be
construed to be an integral part of this proposal ••
The Company shall furnish, without additional cost to the Purchaser,
the services of a ca:npe tent erecting engineer to supervise the erection
and starting of the machinery, and to instruct the Purchaser's operating
personnel for a period of seven calendar days after m~chiner,r is
erected and ready for commercial operation. The Purchaser shall pay ::n5. 00 per eight-hour vmrking Clay and regular overtime rates of the
Conpany, plus all living and miscellaneous expenses, for e~ecting
eneineer services in excess of the t=~bove stated period, unless other-
wise specified herein.
The Purchaser shall notify the Company "Jhen ready for actual
erection to begin. Erection shall be continuous and without delay,
and if erecting engineer is delayed b: any cause for ''Vhich the Company
is not responsible, the Purchaser shall pay the Companj' for his services
in the sum of ~15.00 per eight-hour working day, plus all livinc anc
miscellaneous expenses for the period of such delay. If any delay is
such that work must be suspended and ·re sur11ed l a ter, the Purchaser shall
pay the Company for all additional time, railroad fares, and expenses
of Company's erecting engineer in leaving and returning to Purchaser's
plant .
Adequate unskilledJabor for unloading, moving, and erection of
machinery, under the supervision of erecting e~ineer, also pipe
fitters J. electricians, welders, or such other skilled labor as l'lay,
in the ~Jompany' s judgment, be required, shall be furnished by the
Purchaser at Purchaser's expense.
The Purchaser shall furnish ~~e necessary tackle and other
facilities for moving and lifting of the heavy parts, and necessary
bracing or reinforcing of floors, ani such other approved appliances
and material necessary for the prompt erection of the machinery.
The Purchaser shall unload the equipment fran cars and trs.nsport
it to the foundations. The Purchaser shall properly place principal
parts on the foundations and place other parts nearby. All openings
in buildings for passage of machinery and apparatus necessary for the
erection and OJ?eration of said equipment shall be provided b~r the
Purchaser at h~s expense, and any such openings as are of a tempo~ary
character shall be closed at the expense of the Purchaser. The
Purchaser shall e..r range for all necessa ry r i~ht-of-ways, and shall
procure such permits as may be re q uired for the transportation from
cars and installation of machinery and appurtenances.
· J The Purchaser shall furnish all fuel, lubricating oil, water,
electric current, etc., required for the operation of the machinery
and equipment after erection and during the preliminary operation
thereof, together with regular operating personnel under the super-
vision of the Company's erecting engineer.
The Purchaser agrees to pay all local taxes assessed upon the
machinery and shall provide and maintain adequate liability and
Indemnity Insurance covering all men in their employ, 'vho may be
assisting in the erection of this machinery. ~he ~urchaser shall
provide and maintain adequate fire, vw.ter, and tornado insurance for
the machinery herein described against loss or damage 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 as its interests may appear.
Any insurance received by the Company under such policies shall be
applied by it in reduction of the purchase price. Failure to provide
insurance shall not relieve the Purchaser from his obligation under
this agreement.
A suitable place shall be provided by the Purchaser where the
machinery, tools, and equipment can be locked up for protection ~gainst
theft, and the elements, and, if de:emed necessary by the Company s
erecting engineer, a watchman shall be provi dad by the .t'urchaser at
the Purchaser's expense. Tbe Purchaser shall furnish suitatile
building, or buildings, for permanently housing the equipment,
and shall give the Company's erecting force free access to same.
The Purchaser shall furnish all foundations according to the
C0 mpany's plans, and such sub-foundations (for which the Company
neither furnishes plans nor assumes responsibliity) as the
conditions require •.
When transportation is included in this contract, it is based on the
lowest prevailing ra.tes and transportation facilities at the time the
contract is executed. In the event of any changes in rates or
transportation facilities at the time of shipment, the contract price
shall be modified accordingly.
It is understood and agreed that the Company retains, and it is
hereby recognized by the Purchaser, a mechanic's builder's, and
naterialman 's lien on said machinery and all parts thereof, until the
purchase price 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 p~id. It is understood th~t the said
machinery is for erection and use in wha. t is known as City ot
Lubbock Electric Light and Power C0 mpany Situated on Block?,
Avenue ttJ", and Fifth Street, Original 'l'o1..vn of Lubbock, Texas.
The Company shall, under no circurostances., be liable for any
consequential or contingent damages or far any delay caused b~r
fire, strike, civil or military authority, or by insurrection or
riot, nor shall the Company be liable for any cause beyond its control.
The Company guarantees, for a period of one year after date of
shipment, any and all machinery, equipnent, auxiliaries, accessories,
and attachments, if listed in the following specifications, and if
manufactured by the Company, to be free from defects in naterial and
vKJrkmanship. 'Ihe Com pany agrees that in case any such machinery,
·equipment, auxiliaries, accessories, and atta chments, or any part
thereof, be returned to the Company, at its option, v1ith transportation
charges prepaid, within twelve months from date of shipment, and pro-
vided the Company has been notified in writing of the alleged defect
within ten days after its discovery by Purc~ser, and if the Company's
examination shall disclose to its satisfaction that said machinery,
J
..
equipment, or any part there of has been defective in the ·worlcrc.anshis> or
maternal:, the Company will deliver to Purchaser without charge, F.O.B.
Company's Works, parts of first-class worlcrnanship and material in exchange
for any such parts so found to be defective, and the obligation of the
Company under. this guarantee is limited to such exchange without cbe.rge.
This warranty is in lieu of all other warranties expressed or implied
relating to defective me-.terials a n d vvorlanahship, and of all other
obligations or liabilities of the Company in connection there,•Jith. Any
and all machinery, equipment, auxiliaries, accessories, and attachments,
if listed in the following specificati o ns, but which are not manufa ctured
by the Company, are sold only under the p~rticular man u facturer's
regular warranty, copy of '-Nh i ch wi 11 be supplied upon request. 'l'he
Company assumes no responsibility for any equipment, auxiliaries, access-
ories, and attachments specified by the Purchaser which are n o t manu-
factured by the Company. This guarantee does not apply to any nachi nery
or equipment or part thereof which shall h a ve been repnired or .J.ltered
by others tban tbe Company, in any v'fay so as, in the Compan~,.'s judgnent,
to affect the same, nor which has been subject to negligence, accident,
or other than normal use and service. 'l'he Company reserves the right to
make any change in the design of any or all machinery or equipment
without obligation to make such changes in mach inery or equip111ent previ-
ously sold.
The Company will, at its own eXl)ense, defend a ny suits that :may be
instituted by any one against the Purchaser fo.r alleged infringenent of
any patent relating to the oa chinery manufactured by the Company
under this proposal, provided such alleged infringement shall consist o~
the use of said machinery, or parts thereof, in t he Purchaser's ·
business for any of the purposes for which the sai!le was sold, and
provided the Purchaser '3hall have made all pa yments then due u p on this
contract, and shall give to the Company inrJed.iate n o tice in v.1rit ing of
the institution of anJr such suit, e.nd transr;1i t to the Co.o pany,
imnedi.:ltely upon receipt, all processes and papers served upon the
Purchaser, and permit the Company, through its Cmnsel, either
in the name of the Purchaser or in the name of the C0 mpany, to defend
the same an~ give all needed information, ass~ance, and authority
to enable the Company to do so; and in case of a final e.1.vard of
damages in such suit, the Company will pay such award but it will
not be responsible for any compromise made vli thout i t.s l.'.JTi tten 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 sp ecified, or any part of the same, caused directly
or indirectly b~· the act of the Purchas e r, and not through any fault
of the Company, such delays ·shall not in anywise affect or postpone
the payments herein agreed to' be made b~r the lurchaser, 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 for storage of the same at the rate of ten cents per square
foot per month. If the Purchaser defaults in any payment when due,
then all payl!l.ents of the purchase price and all notes or renewals
thereof will immediately become due qnd payable on demand and any
attorney fees incurred shall be borne by the Purchaser.
The foregoing proposal is subject to the approval of an executive
officer of t..'i.e Company at the home office at liUlwaukee, ~lisconsin,
and is not binding upon the Company until so approved, nor in any
event unless accepted by the Purchaser within ---'.l.hirty Days--
fran date of its submission, after which it is subject to change or
withdrawal without notice. 'I'his proposal as it exists at the date of
approval by the Company shall after such approval become and shall be
deemed at law to be an agreement betv1een the Company and the Purchaser,
and all previous communications between then, either verbal or written,
shall tbereupon be, am be deemed to be, abrog:1.ted 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 e.nd no modification thereof shall be binding upon the
parties hereto' or eitber of them, unless such modification shall be in
-----~
..
writing , duly executed by the Purchaser and approved ~r an executive
officer of the Company.
PRICE: f.o.b. Lubbock, Texas,
ONE ffiJNDRED SEVENTY FIVE THOUSAND AHD N0/100 Dollars (~175,000.00)
All payments shall be nade for each unit of machinery separately
in New York, Chicago, or ltlilwaukee Exchange, free of expense to the
Company for collection charges as follows:
Fifty Thousand Dollars (~50,000.00) cash when engine is ready
for shipment from the factory.
Balance u~on completion of erection and acceptance, but not to
exceed sixty (60) days after shipment of equipment fron the factory.
Any Manufacturer~' or Sales Tax of an~r natum-e whatsoever, appli-
cable to this contract must be added to the prices and terms herein
contained.
NORDBERG 17tililJFACTURirG COMPANY
By Chas. B. Trimble
This Proposal is hereb~T accepted and agreed to
this 27th day of June, 1939.
CITY OF LUBBOCK
By ----~C __ E_S~l~a ~t~o~n~~--Y.ayo r--
Attest: Lavenia Williams
~ity Secretary .
'l'b.is proposal approved at Lilwaukee ,
Wisconsin, this 5th day of JulJ', 1939.
-NORDBERG MANUF ... \CTORDi G CO.
E C Bayerlein
V1ce-EreSident:----~-
WHEREAS, said contract was executed and delivered in suCh manner
that the holder of the obligations isseed thereunder ahall never have the
right to demand their pa)'lllent out of funds raised o.r to be raised b7
taxation; ·
and,
WHEREAS~ said NOrdberi Manufacturing Company has complied with that
part of tbe contract wherein it agreed to build said engine described in
said contract and the same is now ready tor shipment and under the terms
of said contract the said Nordberg Manufacturing Company is entitled to
receive paJment at this time of the sum of tso,ooo.oo as made and provided
in said contract.
WHEREAS, said engine has been built and is now ready to be shipped
to the City of Lubbock;
and,
THAT on october , 1939, at a meeting of the City Commission
of the City or Lubbock, the engine and equipnent having been built
as provided in said Contract, and is now read7 for shipnent, the
Mayor of the City or Lubbock was at that ttme authorized to execute
Revenue Warrants in pa~ent ot same as more f'ully provided in said
Contractt all ot which is shown and reflected in the Minutes of said
meeting au1y reflected in Book 6, Page ot the City Commission;
and
The City Treasurer is hereby authorized to pay Nordberj Manufacturing
Company the sum of $50,000.00 and the balance due Nordberg Manufacturing
Company~ under the terms of said Contract, to be paid when the engine has
been tully completed, installed and accepted by the City of Lubbock,
but the time for the payment of said balance to be paid not to exceed
sixty ( 60) days after shipnent of the equipment from th~ ttactory.
THRREFORE, BE IT ORDAINED BY THE CITY OF LUBBOCK, TEXAS:
1. That the Revenue Warrants of said City to be called "City ot
Lubbock Ligbt P~ant Revenue Warrants~ Series 1939" be issued under and
by virtue of the Constitution and laws of the State of Texas and the
charter of said City in the amount ot One Hundred Sevent7 Five Thousand
Dollars (fl,s,ooo.oo), said Revenue Warrants shall be numbered trom One
(l) to One Hundred Seventr Five (175), both inclusive, of the denomination
of One Thousand (tlOOO.OO) Dollars eaCh. .
2. They shall be dated November 1, 1939, a.nd shall become due
and payable serially, as follows:
1
5
9
13
17
21
26
31
36
41
46
51
56
61
66
71
76
81
86
91
96
101
106
111
116
121
126
131
136
141
146
151
156
161
166
171
to 4,
to 8,
to 12,
to 16,
to 20,
to 25,
to 30 I
to 35,
to 40,
to 45,
to 50,
to 55'
to 60,
to 65,
to 70,
to 75,
to 80,
to 85,
to 90,
to 95,
to 100,
to 105 1
to 110,
to 115,
to 120'
to 125,
to 130,
to 135,
to 140,
to 145,
to 150,
to 155,
to 160,
to 165,
to 1?0,
to 175,
both Incl.
If ~t
" ,
It
II
n
If
" tt
" II
" " " II
tl
11
" "
' If
" II
II
tl
II
tf
If
If
It
11
II
II
" "
" "
" II
" " " II
" II
" " ,,
II ,,
II
"
" " n
It
·II
" " II
" II
II
II
II
" " " "
1:..\TURITY D_'...TES
Dec. 1,
Jan. 1,
Feb. 1,
Mar. 1,
Apri 1 1,
~:ay, 1,
June 1,
July 1,
Aug. 1,
Sept. 1,
Oct. 1,
Nov. 1,
Dec. 1,
Jan. 1 1
Feb. 1,
r:Iar. 1,
.\pril 1,
~.fay 1,
June 1,
Ju_ly 1,
Aug. 1,
Sept. 1,
Oct. 1,
Nov. 1,
De c. 1,
Jan. h
Feb. 1,
Larch 1,
April 1,
May 1,
June, 1,
July 1,
Aug ,. 1,
Sept. 1,
Oct. 1,
Nov. 1,
1939
1940
1940
1940
1940
1940
1940
1940
1-940
1940
1940
1940
1940
1941
1941
1941-
1941
1941
1941
1941
1941
1-94·1
1941
1941.
194<1-
1942
1942
1942
1942
1942
1942
1942
1?42
1~42
19 __ 42
1~~
P..MOUNTS
J4,000.00
4,000.00
4,000.00
4,000.00
4, ooo. 00
15,000.00
5, ooo. 00
5,000.00
·5, ooo.oo
5, 000.00 ....
5,000.0Q
5, 000.00
5,000.00
5,000.00
~5• OOO.OQ
f:5 ,'000. O<t' "~, ooo.oo
5,000.00
5,000.00
5,000.00
5, ooo.oo_
5,000.00
5,000.00
a,ooo.o~. \.J?, ooo.ow
5 ,000.0.Q_
5,000 .00
·§,000.00
li' 000.00
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
!?, oo,o. 00
That the City Commission officially determines that the maturities
set forth as nearly a uniform burden throughout the term of said issue
as the financial condition of the City ·will permit.
3. Tb.at said revenue warrants shall bear interest at the rate
of 3% per annum, the interest on each revenue warrant being payable
on the date fixed for the maturity of s·:l id v~arrant.
4. T.ha t the City reserves the right to redeen any one of
or r:J.o r e of said warrants 9.t any time prior to mat urit~r "Jithout notice
by paying the principal and accrued interest calculated to said date
of p3.yment.
5 . Th"~t each of said revenue warrants shall contain this clause:
"The holder b.ereof shall never h eve the rig:.."'lt to demand pa.ynent
of this obligation out of any funds raised or to be raised by
taxation ."
6 . 'Iha t each of said warrants shall be signed by the :fi.ayor and
shall be countersigned by the City Secretary and the corporate seal
of the City of Lubbock shall be impressed on each of them .
7 . 1hat the interest to be paid on each of said warrants shall
be evidenced by a stipulation contained in the face of the ins~unent
itself and shall not be evidenced by attached coupons .
8 . 'Ihe form of said revenue warrants shall be substantially as
follows :
..
"ANID I".r IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required to be done precedent to and in the issuance of this
warrant and the series of which it is a ~.rt have been properly done,
have happened and have been performed in the regular and due time forn
and Manner as required by the Constitution and Laws of the ~tate of
Texas, and the Uharter of said Uity, and that this series of revenue
warrants does not exceed any constitutional, statutory or charter
limitations ud that provision has been made for the payment of principal
and interest of this warrant and tre series of which it is a part by
irrevocably pledging the revenues of said electric light and power
system of said City of Lubbock, Texas,
IN TEsriMONY •. l:HEREOF THE City Commission of the City of lubbock ,
Texas, has caused the seal of said City to be hereto impressed and
this warrant to be signed by the I.Iayor of said City, countersigned
by-the City Secretary and registered by the City Treasurer as of
November 1, 1939.
COUNTERSIGNED:
City S ecretary:-tubbock ,
Texas .
---L ayor: "City of Lubbock , ~xas:--
RJ:G ISTERED:
9. On the filing surface of said warrants t11ere shall be
printed substantially the fo1lowi ng:
"The interest borne by the ,_-vi thin warrant is not evidenced
by coup_ons, the obligation to pay interest being contained
in the face of the .,.,arrant itself , both p;rincipal and interest
being payable upon the surrender of said warrant at its
maturity or on the date fixed for its redemption if called
prior to maturity."
10 . The ~~yor is hereby directed to execute each of said
warrants and the City Secretary is hereby directed to countersign
each of said warrants.
11. More specifically the City hereby pledges a sufficient
amoont of the revenues from the ope rat ion of its electric light and
pow·er system to pay the principal and interest of said Revenue ·.tarrants
as and when they mature. The income of said light and power s~rstem is
hereby encumbered under the provisions of Article 1113 Revised Civil
Statutes of 1925 and amendments thereto to assure the prompt paynent
of the principal and interest of S8.id Revenue i"Varrants. All of said
income necessary for the purpose after the payment of the expenses of
operation and maintenance, including salaries , labor , I!laterial ,
interest, repairs and extensions necessary to render efficient service
is hereby pledged for the purpose and said warrants shall constitute
a first lien and charge against such income after first taking care
of said expenses which under ste.tute are supported by a superior lien .
12. It shall be the du~ of the officials of the vity charged
with such functions under the charter and under applicable ordinances
of the City each month to draw a warrant on the Treasurer of the City
and to deliver said warrant to First National Bank, Lubbock, Texas, .
for the purpose of paying the revenue 'Narrant which matures during that
month. The City warrant issued for such purpose shall be delivered to
said bank on or by the lOth day of' said month.
13. A special fund is hereby created designated "City of Lubbock
Light Plant Revenue Warrant ]\lnd" and there shall be placed in said
fund each month so long as said revenue warrants or any ot them
are outstanding and unpaid a sum of money to equo.l the amount shown
in Paragraph 2 under the heo.ding .,maturity dates".
The warrants to pay tbe prl nci pal and interest on said Revenue
Warrants shall be drawn against said fund and the balance in said
fund shall be carried as reserve to insure against future delinquencies
in payrnen t or principal and interest. When all of said Revenue warrants
and interest thereon shall have been paid the balance in said fund
shall then revert to the regular accounts or said system.
The Revenue Warrants authorized by this ordinance shall constitute
sue h obligations of the City of Lubbock and are issued under the
provisions of Articles 1111 to 1118 of the Revised Civil Statutes
of 1925 as amended, and under such circumstances that each of said
warrants shall contain this quotation "the holder hereof shall never
have the right to demand payment of this obligation out of any funds
raised or to be raised by taxatioo."
14. The Mayor, City Secretary, City IfJS.nager and City Treasurer
are hereby directed to do any and all things necessary or convenient
to carry out the purposes of this ordinance.
15. The fact that this ordinance is considered necessary
for the usual daily operation of a municipal de~rtment of the Vi ty
Government creates an emergency and constitutes this an emergency
measure requiring a suspension of the charter provision which
prohibits the final p~ssage of an ordinance on the date introduced
and it is so ordained.
PASSED Al\ID APPROVED this the ~ day of ----~-o~~~r _____ , 1939.
Approved as to form
'
ORDINANCE NO. 631.
t0-2U>-\ 93..9
AN ORDDULNCE IEVYIOO A TAX UPON ALL ffi.OPFRTY SUBJECT TO TAXATION
WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE SUPPORT OF 1HE CITY
FOR THE YEAR 1939, APPORTIONING SAID LEVY .AMONG THE VARIOUS FUNDS
AND ri'EMS FOR VffiiCH REVENUE MOm' BE RAISED, LEVYmG AN OCCUPATION
TAX UPON ALL OCCUR.TIOW TAXABLE AND FIXING THE TIME IN WHICH SAID
TAXES BE PAID, ASSESSmG mNALTY AND INTEREST P'CE THE NON PAlMENl'
OF SOOH TAXES WITHIN ·THE TIME SET, AND DECLARING AN :D4ERGENCY.
BE IT ORDAINED BY '1HE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1: There shall be levied am assessed upon all property
subject to taxation within the City of Lubbock, Texas, for the year
1939, the sum of $1.05 per $100.00 valuation thereof, and the same
shall be applied to the various funds in the following manner.
Interest and Sinking Fund
Board ot Ci -cy Development ]Und
General Fund
$.72~
$.05¢
$.28¢
SECTION 2. All advalorem taxes shall be paid betore the first day
ot February, 1940, and taxes not paid by that date shall have to
said taxes added the sum or 10% penalty and bear interest from said
date at 6~ and thereafter such tees and costs shall be added as
provided tor State and County Taxes.
SECTION 3. There is levied upon all occupations taxable one-halt
(1/2) the sum clla.rged by the State or Texas tor pursuing such
occupation.
SECTICN 4. The tact that the time tor the payment of 1939 taxes as
provided by law 118.s passed and City Taxes are mw due , and the further
tact that tbe tax rate tor the City of Lubbock has not been fixed for
the year 1939, and the further fact that many citizens and property
owners are now ready to pe.y their taxes, rut are unable to do so
because of the failure of the CitY Commission to set said tax rate
at an earlier date, and the turther tact that the City of Lubbock
is in need at funds with whioh to carry on 1 ts municipal government,
creates an emergency and an imperative public necessity, which facts
mke it imperative that this ordinance be passed as an emergency
neasure, and the provisions of tbe City Charter pmhibi ting the
passage of an Ordinance on the day it is introduced, is hereby
waived, and this Ordinance shall take effect :f'rom and after the
date of its passage, and it is so ordered.
Passed and approved this tbe 26th
A.D. 1939.
ot October '