HomeMy WebLinkAboutOrdinance - 636-1939 - Making Appropriation For Payment Of $95,000 And Interest - 12/28/1939\
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THB STJ.'l'E O:J' TEXAS
COtiNTY O"F LUBBOCK:
CITY OF LUBBOCK
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12 -2g-l ~ 3~
The City CCIIIIID1ssion of the City of' Lubbook, Te:xa.s, convene«
in --~Rr.:;;e.;;)so~~:Y...,*a,;;:o;;.r __ ••. unc in the C1t7 Hall on this the 28" day ot December,
1939, with the :tollol'liDg member• present, to-wit:
o. B. Slaton,
~· G. Mcl41llen,
;r. A. :ronenberry,
w. B. Pricet
Hab :Tones,
Miss I.avenis Williams,
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Oity Secretary-,
with the f'ollowt.Dg 1181Dbe:rs absent, to-wit: None, constituting a quo~
at which time tbe following businesa was transacted, to .. wtt:
CoDIIlissioner McMillan 1ntroduoed a proposed ordil18D.ce. The
ordinance was %9ad by the City Secretary-. Co.amiss1oner Kc1/lilla.n Dtade a
motion that the charter pmT1aian prab.ibiti:ng the passage of an ordi.D.ance on
the day introduced be suspended. OammissionerFortenberry seconded the
1110tion. 'lhe :motion was carried by the unanimous vote of the Coaliasion, to-wit:
.AY.IS: lfa10r Slaton and Commissioners lllc141ll.an, Fortenberry,
Price and Jones.
NOES: l!l'one,
'l'he Jlfayor announced that the rule had been suspended.
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Commissioner McM1llan made a motion that the ordinance be
\puaed t1nall7. The mo.tton ~waa seconded by eomm.taaioner FortenbenT• i'he
motion ca:rry1ng w1.th it the .pas,!':8e of the ordinance prevailed by the following
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~~---. . AlES: l!a'yor Slaton and Co.D'IIIliasioners JJICM1lle• Fortenberry,
Pnoe and J"oua. ~. r ..
NOES: None.
The ordinance as passed is as foUowa:
lUKING .IPPBOPRI&TION !QR PAlMJNT 0'1 f95t 000.00
Mm IN'J.'Dl1lS'r 'fBPRQN TO NOBl'JBli:BG JIIANU!"ACl'ORING
C(IIPAJtY IN P.Ali.T PA.DJD:rr 0"1 PURCHASE PRICE OF
Cll:BTAIN ELE.CmiO LIGHT PUNT JQU'IPMJI)l'l'; DIRECTING
ISStt&NOZ OF CDrltlCA.TES TO SAID C<IIIPANY TO IVI•
mBCE SU'CS: OBLIG&TIONS; PROVIDING THAT S.I.ID OOMP.INY
MAY '.rAD m AND POSSIIJSION" o:r SllJ) EellJIB!llrii' UNDIR
C!Rl&m ClacroMS'J.'jNCIS; DIXJUBING !.HIS TO CONS'f~O'r:t
AN JKI!:RGEN'CY IXPllmiTUB.'I .ANl) THIS ORDDUNCX '1'0 B1l
AN~ TO TRI ORIGINAL B'ODGft; IQICLARING mA1'
TB1 FINDINGS all) BBOilfALS OONDIND IN THIS OllDI-
NANCJ, Tim ~ B:G.Tm' .IND THE CDT!P'!OA.'l!lfB HDIBY
.llJ'l!IOBIZED .lRB THI FINDINQS JND BICIT.&LS OF TR!
OrrY OCIDIIISSION 01' ~ OITY .&1m A.lUC MAJB FOR TRI
INJ'OBMlTIW OF SAID OO:MPANY; AND DlCOL.&RING .IN
l!J4ERGl!NCY •
WHS:R'D$, pursuant 1;o notice to b1d4ers, a oantn.ot ns eD!tred
into between the City ot Lubbock, 'rene and Nordberg l/Iuutaoturing Company
ot Jlilnukee, \ft.sconsin dated December 6, 1939, whereb,., 1n oonsiderat1on
ot the sum ot tl"15,018.oo, said Jtordberg llanutacturing Company agreed to sell
to the City ot Lubbock the following equipment tor the City ot Lubbock electrict
light plant:
J and
1 Natural Gas-Burning Diesel Engine Generat1ng
unit, minimum H.P. 2, 'TOOt maximum R.P • 3, 200
with direct connected generator ot suitable
aize to have with necessary auxiliaries.
certain that the fUnds on hand, together with the unappropriated revenues
whiCh would be collected. and received by the ei ty would be suttic1ent to pay
said 117.5,018.00 in tull and therefore,at the ttme ot making the contract
aforesaid, directed the issuance ot 150,ooo.oo ot ~tme Warrants dated December
1, 1959 and maturing $5, ooo.oo on the first of each month tram. March 1, 1941
to December 1, 1941, Qoth inclusive, to be delivered to said Nordberg Menutae-
turing Company as a part ot the purchase price ot said equipment; and
11fiERUS, pursuant to an appropriation duly made ani. to authorJ.za ..
tion heretofore made b,. the City Gommiasion, the sum ot $30,018.00 has been
paid in cash to said Nordberg Kanut.actur1ng ~mpany so that the sum ot t95,ooo.oo
1s still due aeid company; and
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~_s, the City o~ Lubbock has, under its immediate control,
certain tunda not otherwise appropriated, which it may use for the payment
or said $95,000.00, being in the form ot cash on hand, uncollected taxes,
utility revenues, reserves and amounts Edvanced to other tunde from surplus
which heretofore had been accumulated in funds of the city's utilities, and
revenues anticipated from the city's utilities in excess or amounts needed
for operating expense and debt service; and
WHEREAS, the City Commission has found and determined that it
would be to the best interest of the City of Lubbock to pay said $95,000.00
in monthly installments as hereinafter provided in order to make certain that
such payments will be made on time even though some of the revenues above
mentioned might not be collected by the city on time and during the current
year; and
WHEaEAS, an appropriation of an amount of money sufficient to
pay said $95,000.00 and interest thereon should be made at this time and for
convenience, of the city and of the compeny, certificates should be issued
as hereinafter provided for the purpose ot evidencing said $95,000.00 obliga-
tion and interest;
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK,
TEXAS:
Section 1. There is hereby directed to be issued certificates
to be called "City ot Lubbock Electric Light Plant Certificates, Series 1939~
in the amount of $95,000.00, said certificates to be issued and delivered
to Nordberg Manufacturing Company for the purpose of evidencing that amount
o~ money due said comjany as a part of the purchase price ot equipment herein-
above described which was sold by said company to the City of Lubbock.
Section 2. Said certificates shall be numbered from One (1)
to Fourteen (14), both inclusive, certificates numbered One (1), Two (2), Three
(3), Four (4), Ten (10), Eleven (11), Twelve (12), Thirteen (13) and Fourteen
(14) shell be ot the denomination of Five Thousand ($5,000) Dollars each, and
certificates Five (5), Six (6), Seven (7), Eight (8) and Nine (9) sball be ot
the denomination ot Ten Thousand ($10,000) Dollars each, aggregating Ninety
Five Thousand ($95,000.00) Dollars. They shall be dated December 1, 1939
and shell bear inter est e.t the rate of three (3%} per cent per e.nn1im
payable on the maturity data ot each certificate. which interest is a part
of the contract price. agreed to be paid tor said equipment. Principal and
interest ot said warrants shall be payable at the office ot the City Treasurer,
Lubbock, Texas, and said carti~icatea shall be due aerially aa ft)Uon:
No. 1
No. 2
No. 3
No. 4
No. ~
No. 6
No. "'
No.8
No.9
No.lO
No.ll
No.12
No.l3
No.l4
DUE DA.TIS
J'anueey 2, 1940
February 1, 1940
March 1, 1940
April 1, 1940
llay 1, 1940
J'une l, 1940
J'uly l, 1940
August 1, 1940
September 1,1940
October 1,1940
November 1, 1940
DecEmLber 1, 1940
Janua,y 1, 1941
February 1, 1941
.DDUNTS
t s,ooo.oo -
s,ooo.oo
s,ooo.oo
5.ooo,oo
10.-000.00
10,000.00
10,000.00
10,000.00
10,000.00
5,000.00
5,000.00
5,ooo.oo
5,000.00
,·$, ooo. oo__
$95,00 0.00
Section 3, S&id certificates shall be signed. by the Mayor,
countersigned by the City Secretary, and registered by the City Treasurer and
the seal ot said city ahall be tmpresaed upon each of them.
Section 4, S&id cert1f1catesshall be in substentiall:y the
following to.ml
S'UTE or Tli:XlS
OOUNTY OF LUBBOCK
CITY OF LUBBOCK
BI.'SCTRI C LIGHT PLAN'1' CIRTIFICEBS
SmiBS 1939
1'hia is to certify that on _________ _.
1940 there will
be due to Nordberg Me.nutacturing Company, the aUIIl of ----------
----------------~----~--~(·----~--------~
________________ OOLUUm
with interest thereon trom dat$ hereot at the rate ot Thr&e ( ~) per oen t
per annum, aaid principal and interest being payable out of a fund appropriated
by u ordinance passed. by the City Coaniasion ot said City on Deceaber 2 ·~1939.
This is one of a series of cetificates of like tenor and
effect except as to the maturities. issued by the City of Lubbock, Texas to
Nordberg Manufacturing Company for the purpose of evidencing e part of the
purchase price of certain electric light plant equipment sold by said
Nordberg Manufacturing Company to said City of Lubbock by a contract dated .,
December 6, 1939, said certificates being numbered One {1) to Fourteen
(14), both inclusive, of the denomination of Five Thousand {$5,000) Dollars
each except certificates Num~ers Five (5), Six (6), Seven (7), Eight (8}
and Nine (9). which ere of the denomination of Ten Thousand ($10, 000)
Dollars each, aggregating Ninety Five Thousand {$8~,000.00) Dollars.
IT IS HEREBY CERTIFIED AND RECITED that the contreet above
mentioned is a valid contract, and that the funds appropriated as aforesaid
are sufficient to PJY the amount evidenced by this series of certificates
and interest thereon and that the obligation evidenced by this series of
certificates is a valid and binding obligation to said Nordberg Manufacturing
Company.
GIVEN UNDER our official hands and the corporate seal of the
City of Lubbock, this the 1st day ot December, 1939.
COUNTERSIGNED:
City Seeretary, City of Lubbock,
Texas
Mayor, City ot Lubbock, Texas.
REGISTERED a~ of December 1, 1939.
City Treasurer, City of Lubbock, Texas
Section 5. There is hereby appropriated out ot funds on
hand and anticipated revenues not heretofore otherwise appropriated, en
amount sufficient to pay the certificates herein directed to be issued
end the interest thereon. This appropriation is made out of fUnds on
hand and enticipated r evenues including, but not limited to, the funds e ~
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and revenues mentioned in the preamble ot tb1a ordinance. The tunds so appro-
priated, when collected, shall be deposited 1n a special fund which 1s
hereby created end is designated •otty ot l:.ubbook, TeXaS &lectric Light Plant
Certificates, Series 1939 Fund•.
Section 6. In the event of non-payment of any certifioate
and interest thereon herein authorized within sixty (60) c1ays after it is due,
the Nordberg Manufacturing COmpany mar. at its option, resoin4 the sale of
said equipoent to the City of Lubbock and title to said equipment shall there-
upon -vest in said Nordberg Menutaotu.ring COmpany, and they shall be entUled
to take immediate possession thereof and <to r81110ve the same. In the event
these certificates or any of them or the indebtedness or any part thereof,
evidenced by tbeae certificates shall be held by a COurt to be invalid, then
title to said equipment shall, at the option of said Nordberg Manufacturing
Company, Test in said company and they shall be entitled to f.m!lediate possession
ot the same and to ramoTe such equipment from possession of the city. Provided,
however, that in no event shall said Nordberg Manutaoturing Company bave the
right to title or possession of said equipment unless and until said company
or
shall have paid in fUll/purchased and cancelled all of the Gity of Lubbook
Electric Light Plant Improvement Wanants, Series 1939, dated Decembe~, 1939
which are outst8l'ld$.ng• at the time it exercises its option to take title of
posesasion ot said equipment.
Seot1on 7 • 1'.1! IS .HICREBY FOUND, DEOL.&RE.D AND DETJBMINED,
that the necessity for the expencliture herein provided constitutes a graft
public neceaai ty to meet unusual and unforeseen condi tiona which could DOt
b,. reasonable cl1ligent thought 8l'ld attention be inclu.ded in the original
buclget ot the city now in etteot and that this expenditure is authorized as
en amendment to said original bu-dget. .&. copy of this resolution shall be tiled
with the City Secretary and attached to said or1gil1al budget. and a copy of
this ordinance shall be t1leA in the otd.oe ot the County Clerk of Lubbock
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SectiOD. a. That the findings and recitals contained 1n this
ordinance, the preamble hereof, and the oertifica.tea herein authori~d, are
the findings and recitals of the Gity eom.dssion of the City of LubboCk,
and e.re made tor the intomation of aaid ]fordberg Manufacturing CODlpallJ'•
section 9. The tact that this ordinance is considered neces-
se.r;y tor the usual claily operation of a :mu:nicipa.l ctepartment of the City
goTer.nment oreatea an emergency and constitute• this an amersency. measure
requiring a suspension of the City Charter provision 11hich prohibita the
final nssage of an ordinance on the aate introduced and it is so ordainel.
daJ of December, 1939.
J.Tifl!lST:
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