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
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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)
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