Ordinance No. 2,245Cover Sheet to Ordinance No. 2245
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THE STATE OF TEXAS §
COUNTIES OF HARRIS AND CHAMBERS §
CITY OF BAYTOWN §
The City Council of the City of Baytown, Texas, convened
in regular meeting, open to the public, on the 9th day of
June, 1977, at the City Hall, and the roll was called of the
duly constituted officers and members of the City Council and
the City Clerk of the City, to -wit:
Tom Gentry
Jody Lander
Ted Kloesel
Emmett Hutto
E. C. Kimmons , Jr.
Allen Cannon
Mary. ; E. Wilbanks
Eileen P. Hall
Mayor
Mayor Pro Tem.
Councilman
Councilman
Councilman
Councilman
Councilwoman
City Clerk
and all of said persons were present, except the following ab-
sentees: nary E_ Xiihanks. Allen Cannon, and Eileen P. Hall ,
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said meeting: a written ordi-
nance entitled:
ORDINANCE APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Ordinance ") was duly introduced for the consideration of
the City Council and reviewed in full. It was then duly moved
and seconded that the Ordinance be passed; and, after due dis-
cussion, the motion, carrying with it the passage of the Ordi-
nance, prevailed and carried by the following vote:
AYES: All members of the City Council shown
present above voted "Aye ".
NOES: None.
The Mayor thereupon announced that the Ordinance had been duly
and lawfully adopted. The Ordinance thus adopted follows:
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ORDINANCE NO. 2245
ORDINANCE APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE 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
(the "City "), by ordinance adopted August 28, 1975, found that
it was advisable for the City to purchase two fully equipped
fire trucks and that certificates of obligation be issued by
the City for all or any part of the cost of same; and
WHEREAS, the City Council gave due and proper notice to
bidders of the time and place when and where a contract, or
contracts, for the purchase, or purchases, of such fire trucks
would be let and due and proper notice of its intention to
issue such certificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract
to WARD LAFRANCE TRUCK CORPORATION, Elmira Heights, New York
(the "Contractor ") in the amount of $71,192.00, as the lowest
and best bid for the purchase of a pumper fire truck and the
Contractor at the time of the receipt of such bid by the City
elected to assign such certificates in payment for all or any
part of the cost thereof in accordance with arrangements made
by the City Council; and
WHEREAS, the Contractor, as shown on a true copy of its
Claim No. 1, attached hereto as Exhibit "A" and made a part
hereof as if fully written herein, has submitted said claim for
furnishing such pumper fire truck; and
WHEREAS, the City has received the full benefits of such
contract represented by said claim to the full extent thereof
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and to the full extent of the certificates of obligation here-
inafter authorized to be delivered; and no person, corporation
or trust estate has given notice in writing or otherwise to the
City, or to any official thereof, of any liens for any materials,
apparatus, fixtures, machinery or labor furnished to the Con-
tractor 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 does not hold a claim of any kind or char-
acter which might be properly charged or interposed as an offset
or counterclaim to the payment of the aforesaid claim; and
WHEREAS, a portion of said claim has been assigned to
Citizens National Bank & Trust Co., Baytown, Texas, without dis-
count, and said bank is now the legal owner and holder thereof;
and
WHEREAS, the City Council of the City wishes to approve
said claim and authorize the payment thereof by the issuance
and delivery of certain of said certificates of obligation, and
by the payment of cash, all as shown on said Exhibit "A" and as
hereinafter set out;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS 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 hereby acknowledges receipt of the full benefits
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represented by said claim to the full extent thereof and to the
full extent of the certificates of obligation herein authorized
to be delivered and the cash herein authorized to be paid; and
the City hereby recognizes and approves the transfer and assign-
ment of a portion of said claim and account to Citizens National
Bank & Trust Co., Baytown, Texas, as herein set out.
Section 3. There is now due and owing to said bank the
sum of $71,000.00 and to the Contractor the sum of $192.00.
Section 4. The certificates of obligation herein autho-
rized to be delivered shall bear interest at the rate of 5 -1 /204
per annum from the date of initial delivery shown on the face
of each such certificate.
Section 5. There shall be executed and delivered to said
bank Certificates Nos. 1 through 71, both inclusive, aggregating
$71,000, of the CITY OF BAYTOWN, TEXAS, FIRE EQUIPMENT CERTIFI-
CATES OF OBLIGATION, SERIES 1975, dated October 1, 1975, and
the sum of $192.00 shall be paid by the City, in cash, to the
Contractor.
Section 6. The Mayor, City Clerk, City Treasurer, and
other appropriate City officials, are hereby authorized and
directed to deliver said Certificates above mentioned 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 June, 1977.
ATTEST:
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City. Clerk
_CITY'OF BAYTOWN, TEXAS
(SEAL)
Mayor
CITY OF BAYTOWN, TEXAS
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EXHIBIT "A"
Claim No. 1
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Dated: June 9, 1977
of Ward LaFrance Truck Corporation (the "Contractor "), against
the City of Baytown, Texas (the "City "), as per contract in
the amount of $71,192.00, between the City and the Contractor:
1. Pumper fire truck delivered . . . . . . . . . $71,192.00
2. Less previous payments. . . . . . . . . . . . $ -0-
3. Payment currently due . . . . . . . . . . . . $71,192.00
4. Amount to be paid Contractor by issuance
of Certificates of Obligation . . . . . . . . $71,000.00
5. Amount to be paid in cash by City
to Contractor . . . . . . . . . . . . . . . . $ 192.00
The amount shown in line 3 above represents our claim
against the City of Baytown, Texas, for delivering one pumper
fire truck under and in conformity with the terms and condi-
tions of the contract described above; and $71,000.00 of such
claim has been and is hereby assigned in full, without discount,
to Citizens National Bank & Trust Co., Baytown, Texas.
ATTEST:
WARD LAFRANCE TRUCK CORPORATION
By
(Authorized Representative)
(Title)
(Title)
(SEAL)
----------------------------------------------------------- - - - - --
The pumper fire truck represented by the claim shown in
line 3 above is in full accordance with the terms and conditions
of the contract described above, and such claim is hereby in
all things approved for payment by the City.
Fritz Lanham, City Manager
City of Baytown, Texas