Ordinance No. 1,290ORDINANCE NO. 1290
ORDINANCE APPROVING CLAIM AND AUTHORIZING
DELIVERY OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS
CITY OF BAYTOWN
WHEREAS, the City Council of the CITY OF BAYTOWN, TEXAS, by ordinance
adopted September 28, 1972, found that it was advisable for said City to issue
its Certificates of Obligation for the purpose of evidencing the indebtedness
of said City for all or any part of the cost of constructing public works for
said City, to -wit: constucting, furnishing, and equipping a police building
for the City; and
WHEREAS, said City Council has heretofore given due and proper notice
to bidders of the time, place, when and where a contract for construction of
said public works would be let; and
WHEREAS, the said City Council awarded a contract to SOUTHERN STEEL
COMPANY of San Antonio, Texas ("Contractor "), for said construction in the
amount of $64,000.00 as the lowest and best bid for such construction; and
WHEREAS, said Contractor, as shown on its Claim Number 1, attached
hereto as Exhibit "A" and hereby made a part hereof as if fully written herein,
has submitted said claim for furnishing and installing jail equipment in the
construction of a Municipal Facility for Baytown (Police Building), Job No.
71 -511, according to the plans and specifications set forth by the City En-
gineer; and
WHEREAS, the City of Baytown has received the full benefits of such
construction represented by said claim to the full extent thereof and to the
full extent of the Certificates of Obligation hereinafter authorized to be
delivered; and no person, corporation or trust estate has given notice in
writing or otherwise to said City, or to any official thereof, of any liens
for any materials, apparatus, fixtures, machinery or labor furnished to said
Contractor as provided by Chapter 17, Acts of the Legislature of Texas, 1925
(Article 5472 -a, Vernon's Texas Civil Statutes), or any other provision of
law; and
WHEREAS, the City of Baytown does not hold a claim of any kind or
character which might be properly charged or interposed as an offset or
counterclaim to the payment of the aforesaid claim; and
WHEREAS, the City Council of the City of Baytown wishes to approve
said claim and authorize the payment thereof by the issuance and delivery of
certain of said Certificates of Obligation, all as shown on said Exhibit "A"
and as hereinafter set out:
Claimant
Southern Steel Company
THAT:
Amount
$5,000.00
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
Section 1: The matters and facts contained in the preamble of this or-
dinance are hereby found and declared to be true and correct.
Section 2: The claim described in the preamble of this ordinance and
fully set forth in Exhibit "A" mentioned in said preamble shall be, and the same
is hereby, approved and allowed, and the City of Baytown, Texas, hereby acknow-
ledges receipt of the full benefits represented by said claim to the full extent
thereof and to the full extent of the Certificates of Obligation herein authorized
to be delivered.
Section 3: There is now due and owing to Southern Steel Company of San
Antonio, Texas, the sum of $5,400.00.
Section 4: There shall be delivered to said Southern Steel Company
Certificates Nos. 1 to 5, both inclusive, aggregating $5,000, of the CITY OF
BAYTOWN, TEXAS, POLICE BUILDING CERTIFICATES OF OBLIGATION, SERIES 1972, and the
sum of $400.00 shall be carried forward to the next delivery of said certificates.
Section 5: The Mayor and City Clerk and all other officials of the City
are hereby authorized and directed to deliver the said Certificates described in
the preceding paragraph and to do any and all things necessary or convenient to
carry out the terms of this ordinance.
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PASSED AND APPROVED this 26th day of October, 1972.
Mayor I
CITY OF BAYTOWN, TEXAS
ATTEST:
City Clerk
CITY OF BAYTOWN, TEXAS
Deputy City Clerk
CITY OF BAYTOWN, TEXAS
(SEAL)
APPROVED:
City AttorMeyr
CITY OF BAYTOWN, TEXAS
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k
EXHIBIT "A"
CLAIM NO. 1
SOUTHERN STEEL COMPANY of San Antonio, Texas (the "Contractor"),
hereby renders its Claim No. 1 against the City of Baytown, Texas, as
per contract dated May 23, 1972, in the amount of $64,000.00, between
said City and said Contractor for the installation of jail equipment
in a police building in process of being constructed, Furnished and
equipped as a public facility for said City:
1. Carry -over from previous claim . . . . . . . . . . . . $ -0-
2. Amount of this claim . . . . . . . . . . . . . . . . . 6, 000.00
3. Less hold -back (10% of line 2) . . . . . . . . . . . . 600.00
4. Net (line 2 less line 3) due on this claim . . . . . . 5,400.00
5. Total (line 1 plus line 4) now due . . . . . . . . . . 5,400.00
6. Amount to be paid now to Contractor (to the
nearest $1,000 under the amount shown in line 5) 5,000.00
7. Carry -over (line 5 less line 6) to next claim. 400.00
The amount shown in line 2 above represents our claim against the
City of Baytown, Texas, for furnishing all labor, materials, supplies,
machinery, equipment, insurance, tools and superintendence under and
in conformity with the plans, specifications, terms and conditions of
the contract mentioned above.
Dated this ?. day of October, 1972.
-SOUTHERN STEEL'COMP Y
ATXTS T .
By
Vice President
Secretary (Title)
(Title)
(SEAL) #
Total of previous payments, if any, under said contract $ -0-
All labor, materials, supplies, machinery, equipment, insurance,
tools and superintendence represented by the claim shown on line 2
above are in full accordance with the plans, specifications, terms and
conditions of the above mentioned contract, and said claim is hereby
in all things approved for payment by the City of Baytown.
DAVIS & BURGE, Arc itects & Planners
Baytowj, , e as