HomeMy WebLinkAboutOrdinance - 8871-1985 - Ordinance Granting To South Plains Electric Cooperative, Inc. - 12/12/1985I .. !
JPB:js
First Reading
December 12. 1985 Agenda Item #38
Second Reading
February 13, 1986
Agenda Item #7
ORDINANCE NO. 8871
AN ORDINANCE GRANTING TO SOUTH PLAINS ELECTRIC COOPERATIVE, INC. THE
RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF LUBBOCK,
TEXAS, AN ELECTRICAL LIGHTING AND POWER BUSINESS AND TO ENTER UPON, ERECT,
CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON,
WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND All OF THE PRESENT AND FUTURE
PUBLIC ROADS, HIGHWAYS, STREETS, LANES, AND ALLEYS OF THE CITY OF LUBBOCK,
LYING WITHIN AREAS NOW OR HEREAFTER CERTIFICATED TO ITS SERVICE BY THE
PUBLIC UTILITY COMMISSION OF TEXAS, A SYSTEM OF POLES, POLE LINES, TOWERS,
DISTRIBUTION LINES, TRANSMISSION LINES, WIRES, GUYS, CABLES, CONDUITS,
TRANSFORMERS, AND OTHER DISTRIBUTION AND TRANSMISSION INSTRUMENTALITIES,
FACILITIES AND APPURTENANCES NECESSARY OR PROPER FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH THE
CITY OF LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HE~~AFTER BE
EXTENDED, AND GRANTING SOUTH PLAINS ELECTRIC COOPERATIVE, INC., ITS
SUCCESSORS AND ASSIGNS, THE AUTHORITY TO USE SUCH fOR THE PURPOSE OF
TRANSMISSION, DISTRIBUTION, DELIVERY AND SALE OF ELECTRICITY TO THE CITY,
AND TO THE INHABITANTS OF THE CITY, DR ANY OTHER PERSON OR PERSONS, FIRMS
OR CORPORATIONS, WITHIN ITS CERTifiCATED AREA OR WITHOUT THE CITY LIMITS OF
LUBBOCK, FOR USE BY SUCH PURCHASER DR PURCHASERS, FOR LIGHT, POWER, COOLING
AND HEAT DR fOR EITHER DR All OF SAID PURPOSES, OR fOR ANY OTHER PURPOSE OR
PURPOSES FOR WHICH ELECTRICITY MAY BE USED; PROVIDING THAT THIS fRANCHISE
SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPON AND
EXTENDING FROM THE EFfECTIVE DATE OF THIS ORDINANCE AfTER FINAL PASSAGE
HEREOF; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING OR LOWERING BY COMPANY
OF ITS WIRES AND OTHER APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND
CONDITION OF, THE OPENING OF PAVEMENTS AND SIDEWALKS BY COMPANY; RETAINING
ALL RIGHTS OF CITY TO REGULATE THE LOCATION Of COMPANY'S FACILITIES IN,
UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER PUBLIC PLACES Of
CITY, AS WELL AS TO REQUIRE THE RELOCATION OF SAME; PROVIDING FOR EFFICIENT
ELECTRICAL SERVICE AND THE MAINTAINING OF COMPANY'S FACILITIES; PROVIDING
fOR THE USE BY CITY FOR THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF
COMPANY; PROVIDING COMPENSATION, AND METHOD OF PAYMENT Of SUCH, TO THE CITY
fOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY;
PROVIDING fOR THE MAINTAINING Of RECORDS BY COMPANY WITH RIGHT Of INSPEC-
TION BY CITY RESERVING TO CITY All POWERS OF REGULATION; PROHIBITING
ASSIGNMENT EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES; GIVING CITY'S
CONSENT TO THE CUTTING AND TRIMMING BY COMPANY OF CONFLICTING TREES; PRO-
VIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS FRANCHISE SHALL NOT BE
EXCLUSIVE; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF
FRANCHISE; PROVIDING fOR THE PUBLICATION Of THIS FRANCHISE ORDINANCE AND
ITS ACCEPTANCE BY COMPANY.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY Of LUBBOCK:
WHEREAS, South Plains Electric Cooperative, Inc. has requested that
the City Council of the City of lubbock, Texas, issue it an electrical
lighting and power franchise at this time, and it appearing to this Council
that the issuance of such franchise is expedient and wise, and will be of
benefit to both the Company and the City of Lubbock; NOW THEREfORE:
.I
I I
BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY Of LUBBOCK, TEXAS:
SECTION 1. THAT subject to the terms, conditions, and provisions of
this Ordinance, the City of Lubbock, Texas, hereinafter referred to as
"City", does hereby grant unto South Plains Electric Cooperative, Inc., a
cooperative corporation incorporated under the laws of the State of Texas,
having a permit to do business in the State of Texas, hereinafter referred
to as "Company", it successors and assigns, the right, privilege and
franchise to conduct within so much of the boundaries of the City of
Lubbock, as such boundaries now exist or may hereafter be extended, and to
which it is certificated to serve by the Public Utility Commission of
Texas, an electrical lighting and power business and to enter upon, erect,
construct, maintain, extend, repair, replace, and remove in, under, upon,
within, over, above, across and along any and all of the present and future
public roads, highways, streets, lanes, alleys and other public rights-of-
way of the City now or hereafter owned or controlled by the City, system of
poles, pole lines, towers, distribution lines, transmission lines, under-
ground and above ground linea, wires, guys, cables, conduits, transformers,
and other distribution and transmission instrumentalities, facilities and
appurtenances necessary, proper or reasonably needed For the transmission
and distribution of electricity into, in, within, from, across and through
the City as now existing or as the said City limits may hereafter be
extended, to the extent City is authorized to grant such right; and
Company, its successors and assigns, are authorized to use said poles,
linea, towers, wires, guys, conduits, transformers, and other distribution
and transmission instrumentalities, facilities and appurtenances for the
transmission, distribution, delivery and sale of electricity to the City
and to the inhabitants of the City or any other person or persons, firms or
corporations within its certificated area, For use by such purchaser or
purchasers for light, power, cooling and heat, or for either or all of said
purposes, or for any other purpose or purposes, whether same or different
from those herein specified for which electricity may be used or for any
other purpose or use which is or may become normal or customary in the
industry in Texas. Provided however, it will not be a violation of the
provisions of this Section 1 if company is requested by City of Lubbock,
Texas, and so desires to provide electrical service to a facility within
the certificated area of Lubbock Power & Light and not within the
certificated area of the Company.
SECTION 2. THAT the franchise rights, privileges and powers herein
granted shall be in force and effect thirty (30) days from the last
publication of this Ordinance provided Company has accepted same as set
forth in Section 20 hereof, and once accepted by Company this franchise
shall continue in effect for a term of twenty (20) years From the date of
last publication aforementioned.
SECTION 3. THAT Company, on written reasonable request of any
responsible person, firm, corporation or governmental authority, shall
relocate, raise or lower its wires, where located on, in, or over the
streets, alleys and other public ways of City, temporarily to permit
construction work in the vicinity thereof, or to permit the moving of
houses or other bulky structures. The expense of such temporary reloca-
tion, raising or lowering of such wires shall be paid by the benefited
-2 -
party or parties, and the Company may require the payment in advance, being
without obligation to remove, raise or lower its wires until such payment
shall be made; provided, however, that no such payment shall be required of
the City except as provided in Section 4. The Company shall be given not
less than seventy-two (72) hours prior written notice to arrange for such
temporary wire changes.
SECTION 4. THAT within the streets or other public rights-of-way of
the City, the location and route of all poles, stubs, guys, anchors, lines,
conduits, underground duct lines, manholes, and cables placed and construct-
ed and to be placed and constructed by Company in the construction and
maintenance of its electrical lighting and power system in, within,
through, or under the streets, alleys, or other public rights-of-way of the
City shall be subject to reasonable and proper regulation, control and
direction of the City, or of the City official to whom such duties have
been or may be delegated; all poles, guys or anchors erected by the Company
shall be eo set that they will not cause diversion of surface waters in any
gutter or drain so as to cause damage to adjoining property, and so that
the same will interfere as little as practicable with the ordinary travel
on the streets, sidewalks and other public rights-of-way of the City; the
regulation and control herein reserved shall include, but not by way of
limitation, the right of the City to require Company, at Company's expense,
to relocate its poles, lines or conduits so as to permit the following
activities undertaken by the City here on its behalf:
a. The widening or straightening of any street or alley located
within the City.
b. The closing, opening or relocation of any street or alley within
the City.
c. The location or relocation of any water or sewer lines within the
City.
d. The changing of grade of any street, alley, curb or sidewalk
within the City.
e. The construction and maintenance of parks and other public
improvements owned by the City of lubbock located with the City.
In all cases where the Company is required to relocate, change the route of
or the position of its poles, lines or conduits, the City shall give at
least thirty (30) days advance written notice to the Company specifying the
new location, route, or position of the poles, lines, or conduits involved;
provided, however, Company shall be entitled to be paid for ita cost and
expenses of any relocation, raising or lowering of its wires, required by
the City, pursuant to this Section or Section 3, only if such expenses or
costs are reimbursable or payable to the Company or the City by the State
of Texas, the United States or any governmental agency or subdivision of
either, whether directly or indirectly; but nothing herein shall impose
any obligation on the City to pay such costs and expenses except to the
extent it actually receives funds from the United States, State of Texas,
or any governmental agency or subdivision of either, for the reimbursement
-3 -
or payment of same. The provisions of this Section shall not apply to
improvements made by the Company on private easements purchased by Company
and recorded prior to any dedication of any street, alley or public way.
In this latter event Company shall be reimbursed its costs and expenses of
relocating facilities.
SECTION 5. THAT if it becomes necessary in furnishing electricity as
contemplated under this franchise, the City grants to the Company the right
and privilege to take up pavements and sidewalks, if any, in and upon said
streets, alleys and highways in said City for the purpose of making such
excavation and installation as may be necessary; provided, however, that
Company shall not take up or excavate any pavement at any time without
first securing the written permission of the City Manager or his designated
representative, which permission will not be unreasonably withheld; and
provided further, that all excavations and installations so made shall be
performed in such manner as will cause the least reasonable inconvenience
to the public, and Company shall promptly restore or cause to be restored
to as good condition as before working thereon all such pavements, side-
walks, streets, alleys or highways excavated by it to the reasonable
satisfaction of the City Manager or his designated representative.
SECTION 6. THAT if any of the facilities installed by Company
hereunder shall be in any respect damaged or injured by the City or any of
its officers, agents, representatives, or employees, in connection with the
performance of any work or repairs that may be done upon the streets,
avenues, alleys and other public places of the City of Lubbock, but not
including work or repair for or related to the City owned power system,
Company shall not be entitled to prosecute or maintain a claim against the
City of Lubbock for any such damage or injury so sustained by it, except
where such damages are the result of willful acts or active negligence (sa
opposed to passive negligence) of the officers, agents, representatives or
employees of City, and said right is hereby waived; provided, however, this
Section shall not apply where such property is damaged or injured as a
proximate result of installing, maintaining or removing City's equipment
upon or from Company's poles, or in or from Company's ductlines, as
provided in Section 10 hereof.
SECTION 7. THAT the City, by the granting of this franchise, does not
surrender or to any extent lose, waive, imperil or lessen the lawful powers
and rights now or hereinafter vested in the City under the Constitution and
Statutes of the State of Texas and under the Charter of the City to
regulate the rates for services of Company; and Company, by its acceptance
of this franchise, and subject to the provisions of the Public Utility
Regulatory Act of Texas, agrees that all such lawful regulatory power and
rights as the same may be from time,to time vested in the City shall be in
full force and effect and subject to the exercise thereof by the City at
any time and from time to time.
Notwithstanding anything contained in this Ordinance to the contrary,
all work done in connection with the construction, repair, maintenance and
operation of all facilities of Company is subject to the continuing police
power of the City; and the Company shall comply with all present and future
laws, ordinances and regulations, except such as conflict with any provi-
- 4 -
sian hereof lawfully surrendering the City's authority, or rules or regula-
tions of the Public Utility Commission of Texas. Company's construction
of facilities shall meet or exceed the construction standards of the Rural
Electrification Administration of the Department of Agriculture, Washington,
D.C.
SECTION 8. THAT it shall be the Company's obligation hereunder to
furnish efficient electrical service to the public at its rate schedule;
said service to meet standards of the industry for the area. Company shall
serve every eligible consumer in the franchise area that requests service,
subject to lawful policies, tariffs and rules of Company regarding cost,
amount of usage, customer deposits, return on investment, access and other
reasonable factors. The Company shall not discriminate against any person,
corporation, firm, or association in the charge for such electrical current
or in the services rendered under like circumstances. The Company shall
not directly or indirectly grant any discount or rebate, or give things of
value to circumvent the rate schedule; provided this shall not be construed
as a limitation of the Company's refunding capital furnished by the cooper-
ative's patrons. In order to meet competition, nothing herein shall pre-
vent Company from doing anything which is lawfully done or allowed to be
done by the City owned power system.
SECTION 9. THAT nothing contained in this Ordinance shall be con-
strued as conferring upon Company any exclusive rights or privileges of any
nature whatsoever.
SECTION 10. THAT in addition to the consideration set forth elsewhere
in this Ordinance, the Company shall hereafter hold itself ready to furnish
free of charge, subject to the use of the City, such pole space as may be
reasonably required from time to time for the installation of City owned
street light equipment, traffic, police and fire alarm system conductors,
and alarm or other necessary signal boxes; provided that such space used by
the City does not exceed the capacity of one cross-arm space on any one
pole, and provided that such space is available on existing poles and has
been requested three (3) days in advance in writing by the City Manager or
his designated representative prior to installation of Company facilities
hereunder placed within any street, alley or public way. The specific
location of the street light equipment, and police and fire alarm conduc-
tors and boxes on Company's poles shall be determined by the Company, but
shall be a location consistent with public safety requirements, and will be
allotted at the time specific applications for space are received from the
City. Where a main underground ductline is hereafter constructed or
installed between manholes by Company, the Company shall, as a part of
same, provide free space for the installation by City of ita traffic,
police or fire alarm cables, on request in writing by City Manager or his
designated representative prior to construction, one top duct having one
capped off entry channel and one capped off exit channel between each two
manholes, such entry and exit channels leaving the duct bank enclosure
outside of, but near to, such manholes, and no cable or other equipment of
City shell enter Company's manholes. Company shall, prior to each addition
by it to any duct now existing or hereafter constructed, notify the City
Manager or his designated representative of City of the nature and location
of such intended addition; further, Company shall, along with its applies-
-5 -
..
tion for a permit to open a street for the purpose of laying a new duct,
provide the City Manager and the City Engineer's Office each with a set of
plans showing the type, number, and location in the street, of the ducts to
be constructed. City, prior to the original installation by it of its
equipment in any such top duct, shall notify Company three (J) days in
advance of the time and place it intends to make such entry and installa-
tion. All cables installed by the City in Company ducts shall be of the
nonmetallic, sheathy type to prevent corrosive or electrolytic action
between the City and Company owned cables, All City owned conductors and
cables, whether on poles or in ductlines, shall be constructed, maintained
and operated in such manner as to not interfere with or create a hazard in
the operation of the Company's electrical transmission and distribution
system. Further, all City owned traffic, police and fire alarm conductors,
and alarm boxes, and any City circuits on Company poles, and all cables
installed by City in ducts constructed by Company, shall be installed in
strict compliance with the applicable provisions of the National Electrical
Safety Code and other applicable federal, state and local codes.
Provided further, that no part or portion of this Section shall ever
be construed as requiring the Company to make any additional expenditure
over and above its normal and ordinary coat, and if the City's requirements
hereunder cause an additional cost or expense in enlarging, removing,
adding to or otherwise changing Company's facilities, City shall reimburse
Company for the full amount of such coats. The Company shall not in any
case be liable for damages or claims of damages to any person or persons
arising from or growing out of the attachment of City's equipment, or
arising from or growing out of the construction, operation or maintenance
of such City facilities. The City further agrees to indemnify and hold the
Company harmless from any and all damages or claims for damages by reason
of the construction, maintenance or operation of the City's facilities as
set forth in this Section.
SECTION 11. THAT as compensation and rental for the use of the
streets, alleys and public ways of City in the conduct of its business
under this franchise, Company shall pay City each year of the life of this
franchise a sum of money equal to two percent (2r.) of the annual gross
receipts of Company from its electric lighting and power sales for con-
sumption within the corporate limits of the City. Said payments shall be
due and payable monthly; the first payment to be due and payable on the
15th day of the month following the effective date of this franchise and on
the 15th day of each month thereafter for the remaining life of this
franchise, and each payment shall be computed upon receipts by Company
during the preceding calendar month. For the purposes of this Section
only, the effective date of this franchise (for computation of gross
receipts payments), shall be January 1, 1986 1 at 12:01 o'clock A.M. Said
monthly payments above provided shall be exclusive of and in addition to ad
valorem taxes. Any and all such payments made by Company pursuant to this
Section shall be credited on any amount imposed, levied or assessed against
Company by the City of Lubbock, pursuant to ordinance or otherwise, at any
time as a charge (whether designated as rental, tax or otherwise) for the
use by Company or City's streets, alleys and public ways. The term "gross
receipts" as herein used, shall include all receipts from sales of electric
-6 -
lighting and power as mentioned above, except any such sales to the City
owned power system.
SECTION 12. THAT Company shall on the 1st day of rebruary of each
year of the life of this franchise, starting rebruary 1, 1987, file or
cause to be filed, a statement, certified by a duly qualified officer of
Company, showing the gross receipts of the Company within the City of
lubbock (as defined above) during the twelve (12) months ending on the }1st
day of December immediately preceding. ror the purpose of determining the
amount of the gross receipts of the Company at all times during the
continuance of the rights herein granted, Company shall keep in its office
at the disposal of and open to inspection by any auditor authorized and
appointed by City at all reasonable times, books of accounts and other
records showing a full, true, complete and accurate account of the gross
receipts of Company from its electric lighting and power sales for consump-
tion within the corporate limit~ of the City.
SECTION 1J. THAT the Company shall indemnify and save the City
harmless from all claims, demands or causes of action brought against the
City occasioned by or arising out of the construction, reconstruction,
maintenance, or repair of Company's electrical lighting and power system,
or in any way growing out of the granting of this franchise either directly
or indirectly; provided, however, that the provisions of this Section shall
not be applicable to any claims, damages, actions or causes of actions
proximately resulting from the use by City, its officers, agents, represen-
tatives or employees, of Company's poles and ductlines for the installation,
maintenance or removal of City's equipment, as provided in Section 10, or
for which the City is otherwise liable as provided herein.
SECTION 14. THAT in granting this franchise it is understood that the
lawful power vested by law in the City to require all persons or corporations
to discharge the duties and undertaking for the performance of which this
franchise was made, is reserved; this grant ia made subject to all the
rights, powers and authorities either of regulation or otherwise reserved
to the City by its Charter or by the general laws of the State.
SECTION 15. THAT the rights, franchises and privileges hereby granted
shall not be transferred or assigned by the Company except with the consent
of the City Council of the City of Lubbock expressed by Ordinance passed by
said City Council which consent shall not be unreasonably withheld;
provided, however, the Company may mortgage or pledge its rights hereunder
for security or obligations owing by the Company; and provided further,
that a transfer could be made in a merger, consolidation or reorganization
proceeding to which the Company is a party or to a subsidiary corporation
or affiliate corporation of the Company or wherein the Company sells ita
entire physical assets.
In the event of contemplated transfer of this franchise, under the
terms of this Section permitting transfer without consent of City Council,
the Company shall notify the City of Lubbock of the contemplated transfer
by written notice delivered to the City Secretary not less than sixty (60)
days prior to accomplishment of any merger, consolidation or reorganiza-
-7 -
tion proceeding or transfer of ita entire physical assets; and will provide
the City Council an opportunity to confer with the proposed transferee
concerning proper acceptance of the terms of this franchise.
Prior to exercising any rights hereunder, any purchaser or transferee
of Company shall file with the City Manager a written acceptance of this
franchise setting forth an agreement to be bound by all terms and provisions
1 hereof.
SECTION 16. THAT to the extent that the City has authority to do so,
it gives to Company, during the life of this franchise, the right, license,
privilege and permission to trim trees upon and overhanging the streets,
alleys, sidewalks and public places of City, so as to prevent the branches
of such trees from coming in contact with the wires or other equipment of
Company. Company agrees that it will fully protect end indemnify City from
any and all claims, demands, actions, causes of actions, damages and
expenses arising because of such trimming by Company under the provisions
of this Section.
SECTION 17. THAT the franchise rights and privileges hereinabove
granted to Company, its successors and assigns are and shall be at all
times, during the term and life of this franchise, contingent upon the
faithful end punctual performance of and compliance with all acts, re-
quirements and provisions of this Ordinance, and any amendment hereof, by
the Company, its officers, agents and employees on its part to be perform-
ed, complied with and abided by, and if at any time Company shall refuse or
fail to keep, perform, comply with and abide by all and singular the acts,
requirements and provisions of this Ordinance, or any amendment, within
sixty (60) days from receipt of written notice from the City Manager acting
by Order of the City Council setting forth in detail the facts constituting
default of the Company and what is required to cure such default; and upon
continued failure of Company to keep, perform, comply with and abide by
such acts, requirements and provisions of this Ordinance or any amendment
or failure to cure the default set forth in such written notice, the City
Council may terminate, at its option, this franchise and all privileges and
rights herein granted to said Company. The notice herein mentioned shall
be sufficient, if given to the Manager of Company in charge of its main
office in the City of Lubbock.
SECTION 18. THAT the City shall have power at any time to require
Company to remove and abate at its own expense any installation or struc-
ture that is dangerous to life or property, and in case the Company, after
reasonable notice, fails or refuses to act, the City shall have the power
using reasonable means and methods to remove or abate the same at expense
of the Company, all without compensation or liability for damages to the
Company.
SECTION 19. THAT if any provision, section, subsection, sentence,
clause or phrase of this Ordinance is, for any reason, held to be un-
constitutional, void or invalid (or for any reason unenforceable}, the
validity of the remaining portions of this Ordinance shall not be affected
thereby, it being the intent of the City in adopting this Ordinance that no
portion thereof or provision or regulation contained herein shall become
-8 -
.. . .
inoperative or fail by reason of any unconstitutionality or invalidity of
any other portion, provision, or regulation, and to this end, all provi-
sions of this Ordinance are declared to be severable,
SECTION 20. THAT Company shall, within thirty (30) days from the date
of the final passage of this Ordinance by the City Council of the City of
Lubbock, file with the City Secretary of Lubbock, a written statement
signed in its name and behalf by an officer of the Company duly authorized
by its Board of Directors in the following form:
"The Honorable Mayor and the City Council of the City of Lubbock:
South Plains Electric Cooperative, Inc., for itself, its succes-
sors and assigns, hereby accepts the attached Ordinance finally passed
by the City Council of Lubbock, the day of
19 ____ , and agrees to be bound by al~ts terms·~a~nd~p~r~o~v~i~s7i~on~s~.-----
SOUTH PLAINS ELECTRIC COOPERATIVE, INC.
BY: ~c~af~f~i~c-e-r~)------------------------
Dated the _____ day of--------------' 19 __ ."
The full text of this Ordinance shall, after finally proposed to be
passed by the City Council of the City of Lubbock, be published once each
week for three (J) consecutive weeks in a newspaper of general circulation
published in the City of Lubbock, and the expense of such publication shall
be borne by Company. Upon said publication being completed and the
acceptance of this Ordinance by Company as herein provided, this Ordinance
shall take effect thirty (30) days after its last publication, except as
may be hereinabove otherwise provided.
-Passed by City Council on
. <·Passed.by City Council on
AND IT IS SO ORDERED.
first reading this 12th day of December ,
second reading this 13th day of February ,
d~
-9-
1985 •
1986.
Ded . JV a. , 1) ~ 7 t
•' I
O(Zd. rJD
..
~ ,--
THE STATE OF TEXAS
COUNTY OF LUBBOCK Before me DorothY R u 6 6 4 I I a Notary Public in and for Lubbock County. Texas on this day
personally appeared Twi 1 a Aufi II, ACEIHIM MIAI!U~er of the Southwestern Newspa-
pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to thP first insertion ol this .!t.:...:e!:..:f!.::.a:u.I~N~o~t!...!1~c~e __________ _
-------,.--.,.-:::-...,-,:---No. 722539 at Lubbock County. Texas and the attached print·
ed copy of the Lef!a I Notice is a true copy of the original and was printed in the Lubbock
Avalanche-.Journalonthefollowingdates: JanuarY 19th• 26tht&; FebruarY 2nd• 1986
]ltX11''@ $20.35 per inch-x 3 days= $4•700.85