Ordinance No. 1,371ORDINANCE NO. 1371
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 Certifi-
cates 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 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 3 attached hereto
as Exhibit "A" and hereby made a part hereof as if fully written herein, has sub-
mitted 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 Engineer; and
WHEREAS, the City of Baytown has received the full benefits of such construc-
tion 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
Amount
Southern Steel Company $7,000.00
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, THAT:
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 $7,000.00.
Section 4: There shall be delivered to said Southern Steel Company Certifi-
cates Nos. 51 to 57, both inclusive, aggregating $7,000.00 to 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.
PASSED AND APPROVED this 22nd day of February, 1973.
Mayor
CITY OF BAYTOWN, TEXAS
ATTEST:
EDNA OLIVER
City Clerk, City of Baytown, Texas
By 2J
Deputy City Clerk
CITY OF BAYTOWN, TEXAS
APPROVED:
NEEL RICHARDSON
City Attorney, City of Baytown, Texas
B r
As i ant City orney
CI OE BAYTOWN, TEXAS
-3-
N ATM mn 'i
SOUTHERN STEEL COMPANY of San Antonio, Texas (the "Contractor "), hereby
renders its Claim No. 3 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 ............. ............................... 7,777.00
3. Less hold -back (10% of line 2) ... ............................... 777.00
4. Net (line 2 less line 3) due on this claim ...................... 7,000.00
5. Total (line 1 plus line 4) now due .............................. 7,000.00
6. Amount to be paid now to Contractor (to the
nearest $1,000 under the amount shown in line 5) ................ 7,000.00
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, specifications, terms and conditions of the contract mentioned above.
Dated this 19th day of February, 1973.
SOUTHERN STEEL COMPANY
Assistant SecretaKy
Title
(SEAL)
Total of previous payments, if any, under said contract .............. $50,000.00
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, Architects & Planners
Bavtowt, texas J