Ordinance No. 1,349ORDINANCE NO. 1349
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: constructing, 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 2, 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 con-
struction of a Municipal Facility for Baytown (Police Building), Job No. 71 -511,
according to the plans and specifications set forth by the City Engineer; and
WHEREAS, the City of Baytown has received the full benefits of such con-
struction 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 other-
wise 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:
THAT:
Claimant
Southern Steel Company
Amount
$45,000.00
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 ordinance
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 acknowledges
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 $45,000.00.
Section 4: There shall be delivered to said Southern Steel Company Certificate
Nos. 6 to 56 both inclusive, aggregating $45,000, of the CITY OF BAYTOWN, TEXAS,
POLICE BUILDING CERTIFICATES OF OBLIGATION, SERIES 1972.
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.
IPA
PASSED AND APPROVED this 25th day of January , 1973.
ATTEST:
City Clerk
CITY OF BAYTOWN, TEXAS
APPROVED:
C� ty Atto Yin ey
CITY OF BAYTOWN, TEXAS
Mayor
CITY OF BAYTOWN, TEXAS
CIS
EXHIBIT "A"
ri ATM n1n 7
SOUTHERN STEEL COMPANY of San Antonio, Texas (the "Contractor "), hereby
renders its Claim No. 2 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 . . . . . . . . . . . . .
. . . . $ 400.00
2.
Amount of this claim . .
. . . . . . . . . . . . . . . .
. . . . 49,556.00
3.
Less hold -back (10% of line
2) . . . . . . . . . . . . .
. . . . 4,956.00
4.
Net (line 2 less line 3)
due on this claim . . . . . . .
. . . . 44,600.00
5.
Total (line l plus line
4) now due . . . . . . . . . . .
. . . . 45,000.00
6.
Amount to be paid now to
Contractor (to the
nearest $1,000 under the
amount shown in line 5) . . . . .
. . . . 45,000.00
7.
Carry -over (line 5 less
line 6 to next claim. . . . . . .
. . . . -0-
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, speci-
fications, terms and conditions of the contract mentioned above.
Dated this ,, day of January, 1973.
SOUTHERN STEEL COMPANY
By .
lice President
(SEAL)
tle
Total of previous payments, if any, under said contract. $ 5,000.00
All labor, materials, supplies, machinery, equipment, insurance, tools and
superintendence represented by the claim shown on line 2 above are in full ac-
cordance with the plans, specifications, terms and conditions of the above men-
tioned contract, and said claim is hereby in all things approved for payment by
the City of Baytown.
DAVIS & RGE, Architects & Planners
Baytow
Al