Ordinance No. 1,612ORDINANCE NO.1612
AN ORDINANCE FINDING AND DETERMINING THAT ALL ENGINEERING AND AR
CHITECTUAL SERVICES RELATED TO THE BAYTOWN POLICE AND COURTS BUILDING
HAVE BEEN PERFORMED PURSUANT TO THE TERMS OF THE CONTRACT WITH BAYTOWN
ENGINEERING COMPANY,INC.,APPROVING THE CLAIM FORSUCH SERVICES,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 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
the City,to-wit:Baytown Police and Courts Building;and
WHEREAS,the engineering and architectual services for said Police and
Courts Building were performed byBusch,Hutchison &Associates,Inc.(formerly
Baytown Engineering Company,Inc.)pursuant to a contract with Baytown Engineering
Company,Inc.executed June 11,1970 for all construction improvements in the
1970-75 Capital Improvements Program;and
WHEREAS,charges for engineering and architectual services represent
a portion of the costs of constructing the said Baytown Police and Courts Building;
and
WHEREAS,Busch,Hutchison &Associates,Inc.as shown on its Claim attached
hereto as Exhibit "A"and hereby made a part hereof as if fully written herein,
has submitted said claim for engineering and architectual fees in the construction
of a Municipal Facility for Baytown (Police Building),Job No.71-511;and
WHEREAS,said engineering and architectual services have been performed
in the manner provided by the terms of the aforementioned contract for engineering
and architectual services;and
WHEREAS,there is presently unpaid and owing to the said Engineer the
sum of Thirty-Four Thousand Three Hundred Sixty-Eight and 71/100 ($34,368.71)
Dollars;and
WHEREAS,the City of Baytown has received the full benefits of such en
gineering and architectual services represented by said claim to the full extent
thereof and to the full extentof 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 Engineer 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 Cityof Baytown does not hold a claim of any kindor char
acter which might be properly charged or interposed asan offset or counter
claim 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 Busch,Hutchison &Associates,Inc.
by the issuance and delivery of said Certificates of Obligation,all as shown
on said Exhibit "A"and as hereinafter set out:
CLAIMANT AMOUNT
Busch,Hutchison &Associates,Inc.$34,368.71
THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1:The matters and facts contained in the preamble of this ordinance
are hereby foundand declared to be true and correct.
Section 2:The claim described in the preamble of this ordinance and
fully set forth in Exibit "A"mentioned in said preamble shall be,andthe
same is hereby,approved and allowed,and the City of Baytown,Texas,hereby
acknowledged 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 tobe delivered.
Section 3:There is now due and owing to Busch,Hutchison &Associates,
Inc.,Baytown,Texas,the sum of $34,368.71.
Section 4:There shall be delivered to said Busch,Hutchison &Associates,
Inc.Certificates 65 to 98,both inclusive,aggregating $34,000.00 to the CITY
OF BAYTOWN,TEXAS,POLICE BUILDING CERTIFICATES OF OBLIGATION,SERIES 1972.
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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 all things necessary or convenient
to carry out the terms ofthis ordinance.
PASSED AND APPROVED this 14th dayof June 1974.
Mayor
CITY OF BAYTOWN,TEXAS
ATTEST:
City Clerk
CITY OF BAYTOWN,TEXAS
APPROVED:
City Attorney^
CITY OF BAYTOWN,TEXAS
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CLAIM
Busch,Hutchison &Associates,Inc.(the "Engineer"),hereby renders its
Claim against the Cityof Baytown,Texas,as per contract dated June 11,1970,in
the amount of $34,368.71 between said Cityand said Engineer for engineering and
architectual services in the 1970-75 Capital Improvements Program,including the
Police and Courts Building.
1.Amount ofthis claim $34,368.71
2.Netdue on this claim 34,368.71
3.Total nowdue 34,368.71
4.Carry-over -0-
The amount shown in Line 1 above represents our claim against the City of
Baytown,Texas,for furnishing engineering and architectual services in conformity
with the terms and conditions of the contract mentioned above.
Dated this /?-5k day of ^La^yUL 1974.
(1/
BUSCH,HUTCHISON &ASSOCIATES,INC.
ATTEST:
^
(Title)/5
Total of previous payments,if any,under said contract -0-
All services represented by the claim shown on Line 1 above are in full ac
cordance with the terms and conditions of the above mentioned contract,and said
claim is hereby in all things approved for payment by the City of Baytown.
CITY OF BAYTOWN
City ManageryManage
(Title)