HomeMy WebLinkAboutResolution - 1554 - Appointments - WTMPA - 2 Members, Board Of Directors - 01/12/1984RESOLUTION 1554 - 1/12/84
1AQ A RESOLUTION by the governing body of the City of ,�� r.r
Lubbock, Texas-rel-ating-to the appointment of
Directors to the Board of Directors of the West
Texas Municipal Power Agency.
WHEREAS, the West Texas Municipal Power Agency has been
heretofore established and created by concurrent ordinances
adopted by the Cities of Brownfield, Crosbyton, Floydada,
Lubbock, Plains and Tulia; and
WHEREAS,`it is provided in such concurrent ordinance
that each of the aforesaid.public.entities is.to appoint two
(2) persons to serve on the Board of Directors of said
Agency; and
WHEREAS,,: - It is now appropriate for.this governing body
to make its appointments to the Board of Directors.of the
West Texas Municipal Power Agency; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCY,,
TEXAS:
Section 1: That the .following appointments' are hereby,
made, to become effective immediately, to the Board of
Directors of the West.Texas Municipal Power Agency for the
term of office herein designated:
Board of Directors Term Expires
Councilwoman Joan Baker 12-8-84
Leona Maxwell
12-8-85
Section 2: That this resolution shall be effective
from and after the date of its passage.
PASSED AND ADOPTED, this 12th day of January ,
198 4
Mayo , City of Lu o k, Texas
ATTEST:
C ty Secretary, City f bbock, Texas
(City Seal)
THE STATE OF TEXAS
COUNTY OF LUBBOCK
DIRECTOR'S OATH
S
S
I� JOAN BAKER , DO SOLEMNLY SWEAR
(AFFIRM) that I will faithfully execute the duties of the
office of Director of the WEST TEXAS MUNICIPAL POWER AGENCY,
and will to the best of my ability preserve, protect and
defend the Constitution and laws of the United States and of
this State; and I FURTHER SOLEMNLY SWEAR (AFFIRM) that I
have not directly nor indirectly paid, offered or promised
-to pay, contributed nor promised any public office or employ-
ment as a reward to secure my appointment; and that I will
not be directly or indirectly interested in any contract
with or claim against the said WEST TEXAS MUNICIPAL POWER
AGENCY except such warrants as may issued to me as fees
of office. So help me God.
OAN BAKER, Councilwoman
SWORN TO and subscribed before me, the undersigned
authority, this the 12th day of January ,
-19 84 .
(Notary Seal)
G L
14otary Public in and for
State of Texas
My Commission xpires:
X30
e_50-dy'
DIRECTOR'S OATH
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Leona Maxwell DO SOLEMNLY SWEAR
(AFFIRM) that I will faithfully execute the duties of the
office of Director of the WEST TEXAS MUNICIPAL POWER AGENCY,
and will to the best of my ability preserve, protect and
defend -the Constitution and laws of the United States and of
this State; and I FURTHER SOLEMNLY SWEAR (AFFIRM) that I
havenot directly nor indirectly paid, offered or promised -
to pay, contributed nor promised any public office or employ-
ment as a reward to secure my appointment; and that I will
'not be directly or indirectly interested in any contract.
with or claim against the said WEST TEXAS MUNICIPAL POWER
AGENCY except such warrants as may be issued to me as fees
of office. So hel:p.me God.
A
LEON"AXWELL, Asst. '1)-Vr., Elec. Utilities
SWORN TO and subscribed before me, the undersigned
authority, this the day of
Notal/ Public in and foF the
State of Texas
My Commission Expires:
(Notary 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 l2th day of January , MR); the City
Council of the City of Lubbock, Texas, conve-ned in Regular
session at its regular meeting place at City Hall in the
City of Lubbock, Texas; the duly constituted members of the
Council being as follows:
ALAN HENRY MAYOR
M. J. ADERTON §
E. JACK BROWN § COUNCILMEMBERS
JOAN BAKER §
.GEORGE W. CARPENTER §
and all of said persons were present at said meeting, except
the following: None absent
Among other business considered at said meeting, the attached
resolution entitled:
RESOLUTION NO. 1554
"A RESOLUTION by the governing body of the
City of Lubbock, Texas, relating to
the appointrient of Directors to the
Board of Directors of the West Texas
Municipal Power Agency."
.-:-= intrcduced and submitted to the Council for passage and
ad::ptio::. Ater presentation and due consideration of the
resolutie.^., a motion uas made by Councilwoman Joan Baker
that the resolution be finally passed and adopted. The
motion was seconded by Councilman George W. and carried by
the following vote: Carpenter
5 voted "For" 0 voted "Against" p abstained
all as shown in the official Minutes of the Council for the
meeting held on the aforesaid date.
2. That the attached resolution 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
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
resolution 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 12th day of January 198 4
City Sec etar , Ci
Lubbock, Texas
(City Seal)
i
AL
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W Timm KH IMM KO!N ' - -
amc. _
CITY�OFF LUBBOCK
CITY SECRETARY -TREASURER
.Mr. Elbert M. Morrow
Dumas, Huguenin, Boothman & Morrow
2001 Bryan Tower, Suite 1400
Dallas, Texas 75201
RE: WEST TEXAS MUNICIPAL POWER AGENCY
Dear Mr. Morrow:
762-6411
P. O. Box 2000
LUBBOCK. TEXAS 79457
January 17, 1984
Returned herewith to you are the -following documents related to the
above matter:
RESOLUTION #1554 - Appointment of Directors to
(2 copies) Board of Directors
CERTIFICATE OF CITY SECRETARY (4 copies)
DIRECTOR'S OATH (Joan Baker) - (2 copies)
DIRECTOR'S OATH (Leona Maxwell) - (2 copies)
1 believe this is in accordance with your instructions of December. 1.
If I need to do anything further, please let me know.
EVELYN GAFFGA, CMC
City Secretary
cc: Joe W. Smith, P. 0. Box 2754, Abilene (79604)
t
r ;
DUMAS, HUGUENIN, BOOTHMAN & MORROW
2001 BRYAN TOWER, SUITE 1400
DALLAS,TEXAS 75201
1
TELEPHONE 1214) 969-0969
2200 INTERFIRST PLAZA
300 CONVENT STREET
SAN ANTONIO, TEXAS 76205
TELEPHONE (512) 224-5622
ELBERT M. MORROW
PARTNER
December 1, 1983
Ms. Evelyn Gaffga
City Secretary
P. O. Box 2000
Lubbock, Texas 79457
FULBRIGHT & JAWORSKI OFFICES
DANK OF THE SOUTHWEST BUILDING
2200 INTERFIRST PLAZA
HOUSTON, TEXAS 77002
300 CONVENT STREET
TELEPHONE (713) 651-5151
SAN ANTONIO, TEXAS 78205
TELEX 76-2829
TELEPHONE 15121224-5575
1150 CONNECTICUT AVE.,N.W.
2001 BRYAN TOWER
WASHINGTON, O.C.20036
SUITE 1400
TELEPHONE (2021 452-6800
DALLAS,TEXAS 75201
TELEX 89-2602
TELEPHONE (214) 969-1969
AMERICAN SANK TOWER, SUITE 1740
2 ST. JAMESS PLACE
221 WEST SIXTH STREET
LONDON, SWIA INP
AUSTIN, TEXAS 76701
TELEPHONE 1011629.1207
TELEPHONE 15121474-5201
TELEX 28310
Re: West Texas Municipal Power Agency
Dear Ms. Gaffga:
Enclosed herewith are proceedings relating to the
=ures
fors for the West Texas Municipal Power
encings are not to be passed until after
Decemclude:
1. Notice of Meeting to be posted in accordance with
the attached Memorandum.
2. Four copies of Waiver of Special Meeting to be used
in the event the Resolution is passed at a special meeting
without all members of the Council present. In that event,
all copies are to be signed by the absent party and returned
to us.
3. Four copies of the Certificate of City Secretary to be
completed and returned to us.
4. Three copies of Resolution appointing directors.
When passed and executed, one copy is for the records of the
City and two copies are to be returned to us.
T
Ms. Evelyn Gaffga
Page 2
December 1,1983
5. Six copies of Director's Oath. Three copies are to
be executed by each appointee. Return two executed Oaths
for each appointee, and the remaining copy is to be retained
by the individual.
Should you have any questions, please advise.
Very truly yours,
EMM:bg
Enclosures
cc: Mr. Joe W. Smith (w/enclosures)
Mr. R. Michael Simmons (w/enclosures)
Mr. Robert Massengale
Mr. John Ross
U
NOTICE OF MEETING
NOTICE IS HEREBY GIVEN that the governing body
of Citv of Lubbock. Texas
will meet at o'clock M. on the day of
19 , at its regular meeting place at
the City Hall in the City of
Lubbock Texas, for the purpose of considering
all matters incident and relating to the appointment of two
persons to serve on the Board of Directors of the West Texas
Municipal Power Agency, including the passage and adoption of
a resolution — appointing such persons.
It i.s. urgent public necessity that the matters be
considered at an early date in order that the required improvements
may be obtained at ah -early date so as to further the public
welfare of the inhabitants of the aforesaid governmental unit.
inistrative Officer
MEMORANDUM
Article 6252-17, V.A.T.C.S. requires that written notice must be given of
the date, hour, place and subject of each.meeting held by the governing
body of a governmental entity. Such.written notice must be posted
"for at least 72 hours preceding 'the day of 'the' meeting, except that
in case of an emergency or urgent public necessity, which shall be
expressed in the notice, it shall be sufficient if notice is posted
two hours before the meeting is convened." in cases of emergency meetings,
special notice by telephone or telegraph must also be given in advance
of the meeting to any news media which has previously filed a request
for such special notice at the headquarters of the governmental body
and consented to pay any and all expenses incurred by the governmental
body in providing such special notice.
Places of Posting:
CITY -- The City Hall on the bulletin board
COUNTY -- The Courthouse on the bulletin board
SCHOOL DISTRICT -- on a bulletin board in its central
administrative office and, in addition, shall give
notice by telephone to any news media requesting such notice
and consenting to pay any and all expenses incurred in
providing special notice.
WATER DISTRICT, OTHER DISTRICT, OR OTHER POLITICAL 'SUBDIVI'SION
a covering 11 or part of our or more counties-
administrative office and delivered to the Secretary
of State for posting in the State Capitol; and also
delivered to the County Clerk of the county in which
the administrative office of the district or other
political subdivision is located for posting on the
bulletin board in the county courthouse.
(b) all others -- at its administrative office and
delivered to the County Clerk of the county or
counties in which located for posting on the
bulletin board in county courthouse.
STATE GOVERNMENTAL BODIES -- notice to be delivered to the
Secretary for posting in the Capitol Building.
The Attorney General takes the position that a meeting held without
the posting of the required notice is a nullity. A recent Court of
Civil Appeals decision supports this position. Where notice is to be
posted by the County Clerk or the Secretary of State, he will assume
that it was done upon certification that the notice was timely delivered.
Enclosed is a form of notice.
DUMAS, HUGUENIN, BOOTHMAN & MORROW
WAIVER OF NOTICE AND CONSENT
TO SPECIAL MEETING
That, in relation to a special meeting of the City
Council of the City of Lubbock , Texas, held on
the day of , 19 , THE UNDER-
SIGNED MEMBER(S) OF THE COUNCIL, who was (or were) absent
therefrom, CERTIFY, REPRESENT AND ACKNOWLEDGE that due
notice of said meeting and the business to be transacted was
received in advaiice-:thereof, and the undersigned HEREBY
WAIVE any objection to the holding of said special meeting
and the transaction of all business at said meeting incident
and related to the appointment of two persons to serve
on the the Board of Directors of the West Texas Municipal
Power Agency, including the passage and adoption of a resolution
appointing such persons.
EXECUTED AND DATED, the day of
19
Councilmember
Councilmember
WAIVER OF NOTICE AND CONSENT
TO SPECIAL MEETING
That, in relation to a special meeting of the City
Council of the City of Lubbock , Texas, held on
the day of , 19 , THE UNDER-
SIGNED MEMBER(S) OF THE COUNCIL, who was (or were) absent
therefrom, CERTIFY, REPRESENT AND ACKNOWLEDGE that due
notice of said meeting and the business to be transacted was
received in advah6&. thereof, and the undersigned HEREBY
WAIVE any objection to the holding of said special meeting
and the transaction of all business at said meeting incident
and related to the appointment of two persons to serve
on the the Board of Directors of the West Texas Municipal
Power Agency, including the passage and adoption of a resolution
appointing'such persons.
EXECUTED AND DATED, the day of
19
Councilmember
Councilmember
WAIVER OF NOTICE AND CONSENT
TO SPECIAL MEETING
That, in relation to a special meeting of the City
Council of the City of Lubbock , Texas, held on
the day of , 19 , THE UNDER-
SIGNED MEMBER(S) OF THE COUNCIL, who was (or were) absent
therefrom, CERTIFY, REPRESENT AND ACKNOWLEDGE that due
notice of said meeting and the business to be transacted was
received in advarice-:thereof, and the undersigned HEREBY
WAIVE any objection to the holding of said special meeting
and the transaction of all business at said meeting incident
and related to the appointment of two persons to serve
on the the Board of Directors of the West Texas Municipal
Power Agency, including the passage and adoption of a resolution
appointing such persons.
EXECUTED AND DATED, the day of ,
19
Councilmember
Councilmember
A
WAIVER OF NOTICE AND CONSENT
TO SPECIAL MEETING
That, in relation to a special meeting of the City
Council of the City of Lubbock -,,Texas, held on
the day of , 19 , THE UNDER-
SIGNED MEMBER(S) OF THE COUNCIL, who was (or were) absent
therefrom, CERTIFY, REPRESENT AND ACKNOWLEDGE that due
notice of said meeting and the business to be transacted was
received in advaiic&:thereof, and the undersigned HEREBY
WAIVE any objection to the holding of said special meeting
and the transaction of all business at said meeting incident
and related to the appointment of two persons to serve
on the the Board of Directors of the West Texas Municipal
Power Agency, including the passage and adoption of a resolution
appointing such persons.
EXECUTED AND DATED, the day of
c
J
Councilmember
Councilmember
NOTICE OF MEETING
NOTICE Is hereby given that the Board of Directors of the
WEST TEXAS MUNICIPAL POWER AGENCY will convene at 3:00 o'clock
P.M. on Tuesday, January 24, 1984, at the City Hall in Lubbock, Texas,
to consider the following items:
I. Organization of the Board of Directors and election
of officers.
2. Adoption of Rules and Regulations.
3• Consideration of employment of Financial Advisors
and Bond Attorneys.
4. Selection of a depository bank.
5. Establishment of a regular meeting place and regular
meeting date.
6. Adoption of a seal for the Agency.
7. Discussion of preliminary plans of the Agency.
(Seal)
I HEREBY CERTIFY that the above
NOTICE OF MEETING was posted
on the bulletin board at City Hall
on January 19, 1984 at 5:00 P.M.
EVELYN GAPIFGA, CMC
City Secretary
DUMAS, HUGUENIN, BOOTHMAN & MORROW
2001 BRYAN TOWER, SUITE 1400
DALLAS, TEXAS 75201
TELEPHONE 1214) 969-0969
2200 INTERFIRST PLAZA
300 CONVENT STREET
SAN ANTONIO, TEXAS 78205
TELEPHONE (512) 224-5622
ELBERT M. MORROW
PARTNER
January 11, ,19 8 4 .
Ms. Evelyn Gaffga
City Secretary
P. O. Box 2000
Lubbock, Texas 79457
Re: West Texas Municipal Power Agency
Dear Ms. Gaffga:
FULBRIGHT & JAWORSKI OFFICES
BANK OF THE SOUTHWEST BUILDING
2200 INTERFFIRST PLAZA
HOUSTON, TEXAS 77002
300 CONVENT STREET
TELEPHONE 1713) 651-5151
SAN ANTONIO, TEXAS 78205
TELEX 76-2829
TELEPHONE (512) 224-5575
1150 CONNECTICUT AVE.,N.W.
2001 BRYAN TOWER
WASHINGTON, D.0 20036
SUITE 1400
TELEPHONE 12021452-6800
DALLAS,TEXAS 75201
TELEX 69-2602
TELEPHONE (214) 969-1969
AMERICAN BANK TOWER, SUITE 1740
2 ST. JAMESS PLACE
221 WEST SIXTH STREET
LONDON,SWIA INP
AUSTIN,TEXAS 78701
TELEPHONE 1011629-1207
TELEPHONE 15121474-5201
TELEX 28310
Enclosed please find Notice of Meeting for the referenced
Agency to be held at 300 P.M. on January 24, 1984, to be
posted in accordance with the attached Memorandum./ G
If you have any questions, please advise.
EMM:bg
Enclosures
Very truly yours,
lu
NOTICE OF MEETING
NOTICE IS HEREBY GIVEN that the Board of Directors of the
WEST TEXAS MUNICIPAL POWER AGENCY will convene at 3:00 o'clock P.M.
on Tuesday, January 24, 1984, at the City Hall in Lubbock, Texas,
for the following purposes:
1. Organization of the Board of Directors and election
of officers
il
2. Adoption of Rules and Regulations
3. Consideration of employment of Financial Advisors and
Bond Attorneys
4. Selection of a depository bank
5.
6.
t7. Discussion of preliminary plans of the Agency
any other business that may come before such meeting.
Establishment of a regular meeting place and regular
meeting date
Adoption of a seal for the Agency
'City Secretary tl
, 1 r
MEMORANDUM
Article 6252-17, V.A.T.C.S. requires that written notice must be given of
the date, hour, place and subject of each meeting held by the governing
body of a governmental entity. Such. written notice must be posted
"for at least 72 hours preceding, 'the day'of,the meeting, except that
in case of an emergency or urgent public necessity, which shall be
expressed in the notice, it shall be sufficient if notice is posted
two hours before the meeting is convened." In cases of emergency meetings,
special notice by telephone or telegraph must also be given in advance
of the meeting to any news media which has previously filed a request
for such special notice at the headquarters of the governmental body
and consented to pay any and all expenses incurred by the governmental
body in providing such special notice.
Places of Posting:
CITY -- The City Hall on the bulletin board
COUNTY -- The Courthouse on the bulletin board
SCHOOL DISTRICT -- on a bulletin board in its central
administrative office and, in addition, shall give
notice by telephone to any news media requesting such notice
and consenting to pay any and all.expenses incurred in
providing special notice.
WATER DISTRICT, OTHER DISTRICT, OR OTHER POLITICAL SUBDIVISION
(a) covering all or part of four or more counties -
administrative office and delivered to the Secretary
of State for posting in the State Capitol; and also
delivered to the County Clerk of the county in which
the administrative office of the district or other
political subdivision is located for posting on the
bulletin board in the county courthouse.
(b) all others -- at its administrative office and
delivered to the County Clerk of the county or
counties in which located for posting on the
bulletin board in county courthouse.
STATE GOVERNMENTAL BODIES -- notice to be delivered to the
Secretary for posting in the Capitol Building.
The Attorney General takes the position that a meeting held without
the posting of the required notice is a nullity. A recent Court of
Civil Appeals decision supports this position. Where notice is to be
posted by the County Clerk or the Secretary of State, he will assume
that it was done upon certification that the notice was timely delivered.
Enclosed is a form of notice.
DUMAS, HUGUENIN, BOOTHMAN & MORROW