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HomeMy WebLinkAboutOrdinance - 8519-1983 - Gov. Body Of Lubbock City, Related To Creation Of Municipal Power Agency. - 12/08/1983-P.e.e. <Z, 19<6 3 1)t t. i 5,di'r4~~F.TAPV-TREASURER ORDINANCE NO. 8519 AN ORDINANCE BY THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, RELATING TO THE CREATION OF A MUNICIPAL POWER AGENCY UNDER THE PROVISIONS OF SECTIONS 4a AND 4b OF ARTICLE 1435a, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED; CREATING SUCH AGENCY; DEFINING ITS BOUNDARIES; MAKING PROVISION FOR A BOARD OF DIRECTORS AND THEIR METHOD OF SELECTION; PRESCRIBING A NAME FOR SUCH AGENCY; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE. WHEREAS, under the provisions of Sections 4a and 4b of Article 1435a, Revised Civil Statutes of Texas, 1925, as amended, two or more qualifying public entities are empowered to create a joint powers agency (to be known as a Municipal Power Agency) as a separate municipal corporation, a political ·subdivision of the State and a body politic and corporate with the powers provided in Sections 4a and 4b of Article 1435a, Article 1435b, Revised .Civil Statutes of Texas, and 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, City of Crosbyton, City of Brownfield, City of Lubbock, City of Tulia, and the City of Plains 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, of Article 1435a, V.A.T.C.S.; and WHEREAS, each of the aforesaid public entities is an incorporated city, has the authority to engage in the generation, distribution and sale of electric energy for sale to the public (by virtue of the provisions of Title 28, Revised Civil Statutes of Texas, 1925, as amended), and is engaged in the distribution and sale of electric energy to the public which is provided with a major portion of its power through or from the interstate electric system; and WHEREAS, this governing body has heretofore caused notice of its intention to adopt this ordinance (to provide for the creation of a Municipal Power Agency) to be published once a week for two consecutive weeks, the date of the first publication being at least fourteen (14) days prior to the date set for the passage of this concurrent ordinance; and ' . WHEREAS, prior to this date (the date established in this aforesaid notice as the date for the passage of this ordinance), no petition signed by 10% of the qualified electors of this City has been submitted to any official of this City requesting that a referendum election be called on the question of whether this ordinance should be passed and adopted; and WHEREAS, it is now proper for this governing body to proceed with the passage of this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: The recitals contained in the preamble hereof are found to be true and are adopted as findings of fact by this governing body. SECTION 2: ~at this governing body, in conjunction with the governing body of the remaining public entities mentioned in the preamble hereof, do by this concurrent ordinance hereby establish and create a Municipal Power Agency, without taxing power, and such Agency: (a) shall be known as the "West Texas Municipal Power Agency;" and (b) shall have boundaries which include the territory within the corporate limits of the Cities of Floydada, Crosbyton, Brownfield, Lubbock, Tulia and Plains, and (c) shall be governed by a Board of Directors consisting of twelve (12) persons, who shall serve by places. SECTION 3: The initial term of office of each Director and the governing body of the particular public entity who may appoint such director to fill each place, shall be as follows: Initial Appointing Place Number Term Public Entity 1 One year City of Brownfield 2 Two years City of Brownfield 3 One year City of Crosbyton 4 Two years City of Crosbyton 5 One year City of Floydada ·6 Two years City of Floydada . -~ • , ... 7 -One year City of Lubbock 8 Two years City of Lubbock 9 One year City of Plains 10 Two years City of Plains 11 One year City of Tulia 12 Two years City of Tulia The initial term of office for the directors appointed by the governing body of this City shall be calculated from the date of the passage of this 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 years. Vacancies in office in each place shall be filled for the unexpired term by the governing body of the public entity which originally filled such position. PASSED AND APPROVED.on first reading this the 8th day of December, 1983. PASSED AND APPROVED on second and final reading, this the 15th day of December, 1983. Mayor, , Texas ATTEST: .{µ-u,-u~~ City Secretary APPROVED AS TO FORM: (City Seal} 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 8th day of December, 1983 , the City Council of the City of Lubbock , Texas , convened in Regul ar _ _;::__ _____ _ session at its regul ar meeting place in t he City Hal l of said Ci ty ; the dul y constituted members o f fhe Council being as foll ows: ALAN HENRY M. Jo ADERTON E . JACK BROWN JOAN BAKER GEORGE W. CARPENTER MAYOR COUNCILMEMBERS and all of said persons were present at said meeting, except the following : None absen·t Arnong other business considered at said meeting, the attached ordinance entitled: "ORDINANCE NO . 8519 AN ORDINANCE BY THE GOVERNING BODY OF THE CITY OF LUBBOCK , TEXAS, RELATING TO THE CREATION OF A MUNICIPAL POWER AGENCY UNDER THE PROVI SIONS OF SECTIONS ·4a AND 4b OF ARTICLE 1435a, REVISED cr'VIL STATUTES OF TEXAS , 1925 , AS AMENDED ; CREATING SUCH AGENCY ; DEFINING ITS BOUN DARIES; MJl.KING PROVISION FOR A BOARD OF DIRECTORS A:~D THEIR M:C:THOD OF SELECTION ; PRESCRIBING A l,.~J,:E FOR SUCH AGENCY; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINJl.NCE." was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the ordinance, a motion was made by Counc i lwoman Baker that the ordinance be finall y passed on first reading. The motion was seconded by Counci Iman Carpenter and carried by the following vote: S voted "For " --~ O voted "Against" ---0 abstained -. all as shown in the official Minutes of the Council for the meeting held on the aforesaid date.· 2. That on the 15th day of December, 1983, 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: ALAN HENRY M. J. ADERTON E; JACK BROWN JOAN BAKER GEORGE W. CARPENTER ) ) ) ) MAYOR COUNCILMEMBERS and all of said persons were present at said meeting, except . the following: None absent • Among other business considered at said meeting, the attached ordinance entitled: 11 ORDINANCE NO. 8519 AN ORDINANCE BY THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, RELATING TO THE CREATION OF A MUNICIPAL POWER AGENCY UNDER THE PROVISIONS OF SECTIONS 4a AND 4b OF ARTICLE 1435a, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED; CREATING SUCH AGENCY; DEFINING ITS BOUNDARIES; MAKING PROVISION FOR A BOARD OF DIRECTORS AND THEIR METHOD OF SELECTION; PRESCRIBING A NAME FOR SUCH AGENCY; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE." was introduced and submitted to th~ Council for passage and adoption. After presentation and due consideration of the ordinance, a motion was made by Counci )man E. Jack Brown that the ordinance be finally passed and adopted on second reading. The motion was seconded by Counci )woman Joan Baker and carried by the following vote: 5 voted "For" ---voted "Against" ---0 0 abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. 3. That the attached ordinance is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City -2- Council of said City on. the date of.the aforesaid meeting are those persons shown above and, according to the records of my office, each member of the City Council was given actual notice of the time, place and purpose of the meeting and had actual notice that the matter would be considered; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the entitled ordinance, was posted and given in advance thereof in com- pliance with the provisions of Article 6252-17, Section 3A, V.A.T.C.S. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of the City of Lubbock, Texas, this the 15th day of December, 1983~ ~ Lubbock, Texas (City Seal) -3-