HomeMy WebLinkAboutOrdinance - 9083-1987 - Amending An Ordinance Previosly Adopted Municipal Power Agency. - 06/11/1987ORDINANCE NO. 9083
F rst Reading
J ne 11, 1987
A enda Item #24
Se and Reading
Ju 25, 1987
Ag nda Item #5
AN ORDINANCE BY THE GOVERNING BODY OF THE CITY OF
LUBBOCK, TEXAS, AMENDING AN ORDINANCE P EVIOUSLY
ADOPTED, TO RE-CREATE A MUNICIPAL POWER AGE CY UNDER
THE PROVISIONS OF SECTIONS 4a AND 4b OF ARTIClE 1435a,
REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED;
ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE
SUBJECT AND PURPOSE OF THIS ORDINANCE; AND . ROVIDING
AN EFFECTIVE DATE.
WHEREAS, under the provisions of Sections 4a and 4b of
Article 1435a, Revised Civil Statutes of Tex s, 1925, as
amended, two or more qualifying public entities are empowered
to create a joint powers agency ( to be known a a Municipa 1
Power Agency) as a separate municipal corporation, a political
subdivision of the State and a body politic and orporate with
the powers provided in Sections 4a and 4b of A!rticle 1435a,
Revised Civil Statutes of Texas (the "Act"), ad such other
laws as are or may be applicable to a municipal power agency;.
and
WHEREAS, the incorporated municipalities of Texas
known as the City of Floydada, the City of Crosbyton, the City
of Brownfield, the City of Lubbock and the City of Tulia, each
a subdivision of the State of Texas, are each a "ublic entity"
within the meaning of that term as defined in Sec~ion 2 of the
Act; and I
WHEREAS, in the month of December, 1983, lthe governing
bodies of each· of the aforesaid cities passed nd adopted a
concurrent ordinance providing for the creation o a Municipal
Power Agency as provided in the Act, with the proposed agency
to be composed of the territory within the corpor~te limits of
the Cities of Floydada, Crosbyton, Brownfield, L' bbock, Tulia
and Plains, or within the boundaries of two or more of such
public entities who so adopt such concurrent ordin nee; and
WHEREAS, in the month of March, 1986, he governing
bodies of each of the aforesaid cities passed and adopted a
concurrent ordinance to amend the ordinance creating such
Municipal Power Agency to delete refe·rence to the City of
Plains; and
WHEREAS, after the original creation of sch Municipal
Power Agency in December of 1983, the City of C osbyton sold
its electric light and power system and no lon er sells or
distributes electric energy to the public; and
WHEREAS, it is the desire of this gover ing body to
re-create such Municipal Power Agency and in so do'ng to delete
,I,
I the City of Crosbyton as a participating public entity therein,
now, therefore,
i
BE IT ORDAINED BY THE CITY COUNCIL OFI, THE CITY OF
LUBBOCK, TEXAS, THAT:
SECTION 1: The recitals contained in! the preamble
hereof are found to be true and are adopted as fi~dings of fact
by this governing body.
• I SECTION 2: The concurrent ord1nanoe heretofore
finally approved by the City Counci 1 of the City jof Lubbock in
December of 1983, which created the West Texas Municipal Power
Agency, and as amended by such City Council in March of 1986,
is hereby amended so the second paragraph of the preamble of
such ordinance and Sect ions 2 and 3 of such Ordinance be and
read as follows: · 1
"WHEREAS, the incorporated munici pa 1 i!t ies of
Texas known as the City of Floydada, :city of
Brownfield, City of Lubbock and City of Tulia!are each
an agency or subdivision of the State of Texas so that
each is a 'public entity' within the meaning: of that
term as defined in Section 2, Article! 1435a,
V.A.T.C.S.; and" I
l "SECTION 2: This governing body, in co~j unction
with the governing bodies of the public !entities
mentioned in the preamble hereof and the City of
Crosbyton, do by this concurrent ordinance hereby
amend and supplement the concurrent ordinance
previously adopted and amended and provide I for the
re-creation of a Municipal Power Agency, I without
taxing power, and such Agency:
(a)
(b)
1
shall
Power
• I • • be known as the "West Texas Mun1c1pa 1
Agency"; and I
l
shall have boundaries which include
territory within the corporate limits of
Cities of Floydada, Brownfield, Lubbock
Tulia; and ·
the
the
and
I • (c) shall be governed by a Board of Directors
consisting of eight (8) persons, wro shall
serve by places.
SECTION 3: The initial term of office. of each
director and the governing body of the p rticular
public entity who may appoint such director I to fill
each place shall be as follows:
-2-
l 4 111 b
l
t
•
Initial Al . . ppo1nt1ng
Place Number Term Public Entit::t
I
1 One Year City bf Brownfield
2 Two Years City bf Brownfield
3 One Year City of Floydada
4 Two Years City ¢>f Floydada
5 One Year City of Lubbock
6 Two Years City bf Lubbock
7 One Year City Of Tulia
8 Two Years City of Tulia
The initial term of office for the directors
appointed by the governing body of this Citylshall be
calculated from the date of passage of the i Original
Ordinance. Successors in office (for each place)
shall be appointed by the governing body of the public
entity appointing the initial director for such place
for a term of two yea rs. Vacancies in off icei in each
place shall be filled for the unexpired term by the
governing body of the public entity which otiginally
filled such position." ·
I 1 • SECTION 3: This Ordinance shall become Jffect1ve from
and after its passage and IT IS SO ORDAINED.
PASSED AND APPROVED on first reading this the 11th day
of June, 1987. I
PASSED AND APPROVED on second and final reading this
the 25th .day of June, 1987.
ayor, City of Lubbock, Texas
ATTEST: /J 1
~< .. c~~ ~ietary
(CITY SEAL)
-3-I 4 7 8 b
IR ! -QO<i{3
fl
NOTICE OF MEETING
NOTICE is hereby given that the City Council of th City of
Lubbock, Texas, will meet at 8:30 o'clock A.M. on the 25th day of
June, 1987, at the Lubbock Memorial Civic Center, Exhi it Hall,
1501 6th Street, in the City of Lubbock, Texas, and du ing such
meeting will consider all matters incident and related to the
passage and adoption of: 1
,1
1. An Ordinance by the Governing sddy of the
City of Lubbock, Texas, amending an !Ordinance
previously adopted, to re-create a ~unicipal
power agency under the provisions o~ Sections
4a and 4b of Article 1435a, Revi$ed Civil
Statutes of Texas, 1925, as amended;! enacting
other provisions incident and related to the
subject and purpose of this Ordin~nce; and
providing an effective date. ;
I 2. A Resolution by the City Councn of the
City of Lubbock, Texas, relating to the
execution of a Power Sales Contract by and
between the City of Lubbock and W~st Texas
Municipal Power Agency, authoriting the
execution and delivery of such Conltract for
and on behalf of the City of . Lubbock,
appointing or reappointing indivi:duals to
serve on the Board of Directors i of such
Agency as representatives of thej City of
Lubbock a roviding an effective date.
,,.,.-.. ---------···---..
..:. ··,: ~
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
§
§
§
§
§
I, the undersigned, City Secretary of the City of
Lubbock, Texas, DO HEREBY CERTIFY as follows:
1. That on the 11th day of June, 1ha1, the City
Council of the City of Lubbock, Texas, convened in regular
session at its regular meeting place in the City Hall of said
City; the duly constituted members of the Council being as
follows:
B.C. MC MINN
GARY PHILLIPS
GEORGE CARPENTER
JOAN BAKER
MAGGIE TREJO
T.J. PATTERSON
)
)
)
)
)
MAYOR
COUNClLMEMBrRS
! a 11 of said persons were present at said meet i(1g, except the
Among other
at said meeting, the attached ordinance
following: ---=----------,---business considered
entitled:
AN ORDINANCE BY THE GOVERNING BODY OF i THE CITY OF
LUBBOCK, TEXAS, AMENDING AN ORDINANQE PREVIOUSLY
ADOPTED, TO RE-CREATE A MUNICIPAL POWER AGENCY UNDER THE
PROVISIONS OF SECTIONS 4a AND 4b OF ARTICLE 1435a,
REVISED CIVIL STATUTES OF TEXAS, 1925,i AS AMENDED;
ENACTING OTHER PROVISIONS INCIDENT AND RtLATED TO THE
SUBJECT AND PURPOSE OF THIS ORDINANCE; ANO PROVIDING AN
EFFECTIVE DATE.
was introduced and submitted to the Counci 1 fot passage and
adoption. After presentation and due consideration of the
ordinance, and upon a motion made by T.J. Patterson and
seconded by Gary Phillips the ordinance was d1.py passed and
adopted by the Council on first reading by the following vote:
z voted "For• I) voted "Against" -+•bstained
all as shown in the official Minutes of the Council for the
meeting held on the aforesaid date.
• ·,
2. That the attached ordinance is a triue and correct
copy of the original on file in the official e1jecords of the
City; the duly qualified and acting members of the City
Council of the City on the date of the aforesai!d meeting are
those perons shown above and, according to the i records of my
office, advance notice of the time, place and purpose of the
meeting was given to each member of the Council;! and that said
meeting, including the subject of the entitled ~rdinance, was
posted and given in advance thereof in compliance with the
provisions of Article 6252-17, Section 3A, V.A.T.Q.S.
IN WITNESS WHEREOF, I have
officially and affixed the seal of
day of June , 19 8 7 .
(City Seal)
22030
-2-
hereunto signed my
said City, this the
name
25th
Texas
FULBRIGHT & JAWORSKI
VIA FEDERAL EXPRESS
Ms. Ranette Boyd
City Secretary
1625 13th Street
Lubbock, Texas 79457
June 3, 1987
Re: West Texas Municipal Power Agency
Dear Ranette:
2001 Bryan 14 . r, Suite 140Q Houston
Dallas, TIIXIIS 75201 Washington. D.C.
Austin
Telephone: 2141969-fJ022 San Antonio
Dal/11s
London
Zurich
We have revised the proceedings forwar~ed with our
letter of June 3rd. The Ordinance has been revised to show
"providing an effective date" rather than as Ian emergency
measure and shows passage on two readings (June 11th and June
25th). The caption of the Resolution has been revised to show
"providing an effective date" and is to be passed on June
25th. Please discord the Notice of Meeting, Ordinance,
Certificate regarding the Ordinance, Resolution and Certificate
regarding the Resolution included in our previous package The
enclosures and their distribution are outlined as follows:
1. Notices of Meeting for posting in a6cordance with
attached Memorandum.
2. Six copies of an Ordinance authorizing the
re-creation of the West Texas Municipal Power ~gency. When
executed, one copy is to be retained for the City •is records and
five copies are to be returned to us. i'
3. Five copies of Certificate of C ty Secretary
relating to the adoption on first reading f the above
described Ordinance. When completed and execute , all copies
a re to be returned to us . I
Ms. Ranette Boyd
Page 2
June 4, 1987
relating
described
are to be
4. Five copies
to the adoption
Ordinance. When
returned to us.
of Certificate of City
on second reading of
completed and executed1
,
Secretary
the above
all copies
5. Six copies of a Resolution authorizing the
execution of a Power Sales Contract and appointing a director
to serve on the Board of the Agency. When executed, one copy
is to be retained for the City's records and five copies are to
be returned to us. 1
6. Five copies of Certificate of City Secretary
relating to the adoption of the above described Resolution.
When completed and executed, all copies are to b~ returned to
us. i I
Please retain the copies of the Power S$les Contract
forwarded with our letter of June 3rd and they are! to be signed
on June 25th after passage of the Resolution. 1
Should you have any questions, please advise.
Very truly yours,
~ Elbert M. Morrow
EMM/js
Encl.
cc: Mr. Joe Smith· w/enclosures
Mr. Robert Massengale w/enclosures
Ms. Joan Baker
2223D
THE STATE OF TEXAS
COUNTY OF LUBBOCK
R-153
Before me Diana Whitehead a Notarv Public in and for Lubbock c~• untv. Texas on this dav
personally appeared Twila Aufil I, Account· ManaE!er oft e S~uthwestern Newsp~-
pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. E ening and Sunday. who
being by me duly sworn did depose and say that said newspaper has been publish d continuously for more
than fifty-two weeks prior to the first insertion of this. LeE!a I Notice I
______________ No. 757209 1 at Lubbock County. Tex 1s and the attached print-
ed cop~• of the I eE!a I Nati ce is a true copy of the original and was printed in the Lubbock
Avalanrhe-.Journal on the f(lllo~in_g dates7• u Y 1, 8, 1987 135 word&@ .82 -$110. o
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this ___§_!_h day of __ J,;;,._;;;u,_,;,1-'-Y ___ , 19~
FOR~I 58-10
.bt'o..--e.. w~
DIANA WHITEHEAD
NOTARY PUBU_C (n/and For State of Texat
My Comm1ss1on.~pires 9-26-90
f ,----------------------------OROINANCI -~
AN ORDINANCE CANCEL•
LING AUTHORITY ANO AP•
PROVAL FOR A TRAFFIC SIG•
NAL AT UNO STREEt AND
KNOXVILLE AVENUE A~D AU•
THORIZING THE REMOV,i\L OF SAID TRAFFIC SIGNAi.LANO
AUTHORIZING A TRAFFIC SIG•
NAL AT 82ND.STREET1 ANO MEMPHIS AVENUE, AN~ PRO,
VIDING FOR PUBLICATION.
I I
I; ORO I NANCE #90821
AN OROiNANCE CA,CEL•
I L'ING AUTHORITY ANO AP•
PROVAL FOR ·A TRAFFIC SIG•
NAL AT 12ND $TREET At.ID AL•
BANY AVENUE AND AUT!:jORIZ•
ING '.THE REMOVAL OFi SA:ID
TRAFFIC SIGNAL AS AN iPER· . ATIVE TRAFFIC SIGNAL, ' t . • •
OROINANC::E #~
, . ,I
AN ORDIIIIANCE BV: THE
'GOVERNING 800Y 0'l THE
' CITY OF LUBBOCK, To:;XAS,
AMENDING AN ORDINANCE
PREVIOUSLY ADOPTED, TO
RE-CREATE A MUNICH'AL
', ·POWER AGENCY UNDER THE
P!!OVISIONS OF SECTliS ,a
: ANO ,b OF ARTICLE 1'35 ; RE·
VISED CIVIL STATUT S OF
TEXAS, 1925, AS.AM. ENDE~·-EN• ACTING OTHER PROVI IONS INCIDENT ANO RELAT OTO
THE SUBJECT ANO PUii OSE
OF THIS OIU:HNANCE; ANO
, t:.r:.IDING A~_EFF&C rve
11-153 .
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