Ordinance No. 1,448ORDINANCE NO.1448
ORDINANCE APPROVINGAND ACCEPTING THE INSTALLATION OF JAIL EQUIPMENT
AT THE BAYTOWN POLICE AND COURTS BUILDING BY SOUTHERN STEEL COMPANY
OF SAN ANTONIO,FINDING AND DETERMING THAT ALL IMPROVEMENTS HAVE BEEN
COMPLETED PURSUANT TO THE TERMS OF THE CONTRACT WITH SOUTHERN STEEL,
APPROVING THE FINAL CLAIM,AND AUTHORIZING DELIVERY OF CERTIFICATES
OF OBLIGATION
WHEREAS,the City Council of the City of Baytown,Texas,by ordinance
adopted September 28,1973,found that it was advisable for saidCity to issue
its Certificates of Obligation for the purpose of evidencing the indebtedness
of said City for all or any partof the cost ofconstructingpublic works 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
ofSan 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 4 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 Engineer;and
WHEREAS,the City Engineer,in the manner provided by the terms of the
said contract and the plans and specifications thereof,has approved and accepted
said work and improvements and has heretofore issued his Certificate of Final
Acceptance,and has certified same to said City Council and recommended that it
accept and receive said work and improvements as constructed and completed by
the said SOUTHERN STEEL COMPANY of San Antonio,Texas;and
WHEREAS,there remains unpaid and owing to the said contractor the sum
of Seven Thousand and No/100 ($7,000.00)Dollars,the sum of Fifty-Seven Thousand
and No/100 ($57,000.00)heretofore having been advanced to the contractor through
Claims Nos.1 through 3 in partial payments under the provisions of said contract;
and
WHEREAS,the Cityof 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 Bay town does not hold a claim of any kind
or character whiih 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 final payment to SOUTHERN STEEL COMPANY of
San Antonio 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,
TEXAS:
Section 1:The matters and facts contained in the preambleof 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 acknowledged receipt of the full beneftts represented by said claim
to the full extentthereof 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
Certificates 58 to 64,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
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0
the City are hereby authorized and directed to deliver the said Certificates
described in the presceding paragraph and to do any and all things necessary
or convenient to carry out the terms of this ordinance.
PASSED AND APPROVED this 9th day of August ,1973.
Mayor
CITY OF BAYTOWN,TEXAS
ATTEST:
r1
City Clerk
CITY OF BAYTOWN,TEXAS
APPROVED:
BAYTOWN,TEXAS
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CLAIM NO.4 (FINAL CLAIM)
SOUTHERN STEEL COMPANY of San Antonio,Texas (the "Contractor"),hereby
renders its Fourth and Final Claim against the Cityof Baytown,Texas,as per
contract datedMay 23,1973,in the amount of $64,000.00,between said City
and said Contractor for the installation of jail equipment in a policebuilding
in process of being constructed,furnished and equipped as a public facility
for said City:
1.Carry-over frompreviousclaim S -0-
2.Amount ofthis claim 7,000.00
3.Net due on this claim 7,000.00
4.Total nowdue 7,000.00
5.Carry-over -0-
The amount shown in line 2 above represents ourclaim against the City
of Baytown,Texas,for furnishing all labor,materials,supplies,machinery,
equipment,insurance,tools and superintendence under and in conformity with
theplans,specifications,terms and conditions of the contract mentioned above.
April
Dated this is day of-Mareh-j 1973.
SOUTHERN STEELCOMPANY
Vice-President
(Title)
ATTEST:
Asst.Secretary
(Title)
(SEAL)
Total of previouspayments,if any,undersaid contract $57,000.00
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 andconditions of the above
mentioned contract,and saidclaim is hereby in all thing approved for payment
by the City of Baytown.
JJAV-tS^/BURGE,Architects &Planners/Baytow)\Texas
(Title)