HomeMy WebLinkAboutOrdinance - 864-1948 - Amending Section 11 Of Ordinance 859 - 09/15/1948~-
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ORDINANCE
NO. 864
AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE
NUMBER 859 BY INCREASING THE TAX LEVY FOR 1948
TO $ .015 ON EACH ONE HUNDRED DOLLARS OF ASSESSED
VALUATION OF PROPERTY IN SAID CITY FOR THE PURPOSE
OF PROVIDING A SINKING FUND FOR PAYMENT OF THE
PRINCIPAL OF AND INTEREST ON $911 000.00 n CITY
OF LUBBOCK,TEXAS, PARK BONn$1 $ERIES 1948, DATED
JIARCH 1 1 1948.
THE STATE OF TEXAS. J
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COUNTY OF LUBBOCK. J
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QITY OF LUBBOCK. J
BE IT REMEMBERED that on this the 15th ~ o:f March, 1948, the
City Commission of the City of Lubbock 1 Texas 1 convened in called session at the
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regular meeting place thereof in the City Hall, with 'the following members
thereof, to-:wit:
C. A. BESTWICK, Ma;yor 1 presiding
J. RAY DICKEY 1 Commissioner
F. H. CHILDRESS 1 Commissioner
W. B. PRICE, Commissioner
JOHN SPIK::m, Commissioner
LA VENIA WILLIAMS, Secreta.r,y
present, and with no one absent 1 constituting the entire City Commission, when,
among other·proceedings bad, were the :following:
Commissioner J.Ray Dickey presented :for the consideration of the City
Commission an ordinance amending Section 11 o:f Ordinance 859 enacted on Februar.r
26th1 1948 and recorded in volume 8 at page 53 1 et.seq.,o:f the minutes o:f the
City Commission o:f the City o:f Lubbock 1 Texas.
The ord;i.nance was read in tull by" the Secretar;.y •
Thereupon Commissioner w.B.Price moved that the rule requiring that
no ordinance shall be passed on the day on which it. is introduced be suspended,
and that in view of the emergenc.y set forth and defined in the preamble to the
proposed ordinance, that the same be declared an emergency measure. This motion
was dulY seconded b.1 Commissioner F.H.Childress. The motion carried b.r the folloring
vote:
AYES: Commissione~s Dickey, Childress, Price 1 Spikes and Mayor Bestwick.
NOES~ None
Thereupon~ Commissioner w.B.Price moved that the ordinance as
read in tull by' the City Secretary be finally passed and adopted by the City
Commission. This motion was seconded by Commissioner F.H.Childress, and, the
. motion, carr,ying with it the final passage and adoption of the ordinance, was
1 unanimously carried by the following vote:
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AYES: ColiDDissioners Dickey,Childress,Price,Spikes and Mayor Bestwick.
HOES: None.
Thereupon, the Mayor announced that the ordinance has been finally
passed and adopted by unanimous vote of the Commission, in accordance with the
requirements of Sections 151 ]6 and 17 of Article IX, of the Lubbock Charter; and
the V~or thereupon signed and approved the ordinance in the presence of the Com-
mission.
The ordinance is as follows:
"AN ORDINANCE by the City Commission of the City of Lubbock,Texas,
amending Section 11 of ordinance Number 859 enacted Februar:r
261 1948~ and recorded in volume 8 at page 53 ,et.seq. of the
minutes of the City Commission by providing that the tax lev;y
for the year of 1948 for purpose of paying the principal of and
interest on $9l~ooo.oo, City of Lubbock,Texas,Park Bonds,Series
1948~ dated March 1, 1948, shall be in the sum of $ .o15 upon
each One Hundred Dollars of Assessed Valuation of property within
daud City for taxation; enacting provisions incident and relating
to the subject and purpose of this ordinance; and declaring an
emergency.u
Whereas, under and by virtue of an ordinance duly passed and adopted
by the City Commission of the City of Lubbock,Tesas, on Februar,y 26th,1948 and
numbered 8.59 and recorded in volume 8 at page 53 of the minutes o£ said City
Commission, the bonds of said City in the amount of $91,000.00 designated as
City of Lubbock,Texas, Park Bonds, Series 1948, dated March 1, 1948 were authorized
and issued; and in such ordinance in section 11 thereof it was provided that a
tax lev.r of one and three-tenths cents ( 1 • .3¢) on each one hundred dollars' 'Val-
uation of all taxable property in the City of Lubbock,Te:ms, was to be made for
the year of 1948 for p~ent of the principal and interest matUring on said issue
of bonds during the year 1949; and
Whereas, it now appears that through inadvertence and oversight such
tax levy was not sufficient inasmuch as the bond issue has maturing during 1949,
the following:
Interest
Principal
Interest
due 3-l-1949
due .3-1-1949
due 9-1-1949
Total
$2,842.50
t3~ooo.oo
$12372.50
$7,21.5.00
while a 1 • .3¢ tax lev.r based upon the 1947 tax assessment rolls with a valuation of
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$54,604,645.00, based upon 90% colle~tion of taxes would only produce $6,)68.74; and
Whereas, it now appears that such tax lev,y should have been 1.5¢ upon each
$100.00 of assessed valuation inasmuch as such levy would have produceq upon a tax
assess~ent roll of $54,6o4,645.oo at 90% collection the total tax income of
17 ,371.6) which exceeds the $7,215 .oo so maturing during 1949; and
Whereas, it is to the best interest of the City that the authorized
purchase of sites tor parks, and the erection and construction of improvements
to the parks of the City of Lubbo~k, including raising, grading,filling, terracing,
landscape gardening, erection of buildings, establishing walks and paving driveways
around, in and through said parks, playgrounds and other public grounds, as well as
installing, constructing,repairing and improving swimming pools, wading pools and
other facilities for the recreation of the children and citizens of said City of
Lubbock be ~ccomplished at the earliest possible date, thereb.y creating this an
emergen~ measure for the immediate preservation of the public peace,property1
health and safety, as well as a more effecient administration and operation of
the Park Department of the municipal government; therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
Section 1 : That Section 11 of ordinance Number 859 enacted on Februar;y
26th,l948 and recorded in volume 8 at page 53, et.seq. of the minutes of the City
Commission of the City of Lubbock, be and the same is hereby amended to hereafter
read as follows:
n Section ll:BE IT FURTHER ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LUBBOCK:
That to ~ the interest on said bonds and create a sinking tund
sufficient to redeem them at maturity, a tax of One and five-tenths cents { 1.5¢)
($ .ol5) on each One Hundred Dollars• valuation of all taxable property in the
City of Lubbock,Te:x.a.s, or such an amount as may at all times be legally necessar;r
shall be annually levied on said property and annuallY assessed and collected, or
so much thereof as shall be necessar;y, or in addition thereto as may be required,
until said bonds, with interest thereon, have been fully paid; and the said tax of
One and five-tenths cents ( t .015) ( 1.5¢) is here. now levied tor the current year
ot 1948, and so much thereof as shall be necessar.y, or in addition thereto as ~
be required, is hereb.y levied for each succeeding year while said bonds, or any of
them, are outstand~g, and the same shall be annuall1 assessed and collected and
applied to the JY!ll'POSe named. rr
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Section 2: That this ordinance is amendatory, supplemental and
complementary to said Ordinance No. 859 and that other than as amended herein
such ordinance is hereby in all respects ratified, confirmed and validated.
Section 3 :AND BE IT FURTHER ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LUBBOCK:
The fact that it is to the best interest of the City that the authorized
purchase of sites for parks, and the erection and construction of improvements
to the parks of the City of Lubbock, including raising,grading,tilling,terracing,
landscape gardening, erecting buildings, establishing walks and paving driveways
around,in and through said parks,playgrounds and other public grounds, as well as
installing, constructing,repairing and improving swimming pools,eding pools and
other facilities for the recreation of the children and citizens of the city of
Lubbock, be accompalisbed at the earliest possible date, creates this an emergen~
measure for the immediate preservation of the public peace,property,health and
safety, as well as a more effecient administration and operation of the Park
Department of the municipal government, demanding that the Charter provisions to the
effect that no ordinance shall be passed on the day on which it shall be intro-
duced, be suspended, and this ordinance is hereby declared an emergency measure
by unanimous vote of the City Commission, and the same shall take e!'fect from and
after its passage, and it is so ordained.
PASS]l), this the 15 day of March, 1948.
APPROVED, this the 15 day of March, 1948.
ilaior,~,Texas.
Attest:
(CORPORATE SEAL OF CITY OF LUBBOCK.)
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CERTIFICATE OF THE CITY SECRETARY
THE STATE OF TEXAS.
COUNTY OF LUBBOCK.
CITY OF LUBBOOK •
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I, Laveni.a Williams, City Secretary of the City of Lubbock,Texas,
DO HEREBY CERTIFY that the foregibing is a true and correct copy of an ordinance
amending Section 11 of Ordinance Number 859 by providing that the tax levy for
the year of 1948 for the payment of principal and interest,on $91,000.00 City of
Lubbock,Texas, Park Bonds, Series 1948, dated Ma.rch 1st, 1948, maturing during
the year of 1949 shall be in the amount of 1.5¢ on each one hundred dollars• of
assessed valuation of property instead of 1.3¢ as levied in such ordinance 859
originally, as such ordinance -was enacted on the a:5 day of~ • 1948 and
that the minutes pertaining to its adoption are shown herein. I certif.y further
that such ordinance has been properlY enrolled,placed in the office of the City
Secretary and approved by the Mayor, having been recorded in Book __ e __ at page
l!>"\ et.seq. of the minutes of said Commission.
IN WITNESS WHEREOF, I have hereunto signed by name officially and affixed
the seal of the City of Lubbock, this the 15 day of Jlarch, 1948.
(CORPORUE SEAL OF THE CITY OF LUBBOCK)
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CERTIFICATE OF THE CITY SECRETARY OF LUBBocK
THE STATE OF TEXAS. I
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COUNTY OF LUBBOCK. I
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CITY OF LU:B30CK. I
I., Lavenia Williams., City Secretary of the City of Lubbock,Texa.s 1
do hereb,y certif.Y:
That since the enactment of ordinances Numbers 8.56 to 860,inclusive
respectively authorizing the following issues of bonds:
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l.S129,000.oo City of Lubbock 1 Texas, Street Lighting Bonds,
Series 1948, dated March 1, 1948.
2.t7.5,ooo.oo City of Lubbock,Texas, City Hall Building Bonds,
Series 1948., dated March l, 1948 •
.3.$l5o,ooo.oo City of Lubbock,Texa.s, Municipal Airport Improvement
Bonds, Series 1948, dated March 1, 1948.
4.S911 000.00 City of Lubbock;Texas, Park Bonds, Series 1948 1 dated
March 1, 1948 •
.5.$1,8.5o,ooo.oo City of Lubbock,Texas, Electric Light System Revenue
Bonds, Series 1948, dated March 1st, 1948.
no referendum petition bas been filed with respect to the above mentioned bond
ordinances. And no petition of ~ kind has been filed either in ~ off.ioe or in
the office of any official of the City of Lubbock questioning the authority of the
City Commission of Lubbock to enact the ordinances herei~bove mentioned or to lev,r,
assesss and collect the taxes for servicing of such bonds.
Witness ley hand officially and the seal of the City of Lubbock 1 Texas,
on this the 15th ~ of March, 1948.
~~~ City Secretary
C o Lu , e:x:a.s «:::
(CORPORATE SEAL OF CITY )