HomeMy WebLinkAboutO-1927-219
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Ordinance confirming contract between. .i';~~~~{
Ci ty of Laporte and Tibbetts Construc-. ...,<.;...~.
tion Company, and authorizing issuance ,:
of street Paving Warrants, Series of'
1927.
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THE STATE .UF TEXAS.
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C\JUNTY O!t' HARRiS.
C :CTY OF LA PO R'l'E.
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On this' the lOth day of Oc to ber, 1927, the City Coun-', :,' J'
cil of the ,City of Laporte convened in regular' s~.~sion at the regular meet;.. ":,.":~
in,g place th~reof in the City Hall, there being present and in attendance. ,"::,,;:.:"
~.. ,th~ following mElilbers, to -wi t:
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Frank Reynolds,
Frank Bake r,
Charles Norris,
Mayor, and
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Tom DeWal t,
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George Brick, '.,.......
'!i e,,~~ Aldermen, 'arid
E~ P. S~ van, C1 t; secre'~~~i. . '
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Alderman ~~'u\cl.'_ ,JNVJVo1..
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ordinance aDd moved its adoption:
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introduced the following ~-"
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. AN O,RDINANCE BY 'lifE CI~ GOUNCIL .OF mE CJ. TY'
al LAPORTE APPROVING, RATI~~lNG AND CONFirtM-
ING CONTRAC'l' HERE'rOlt'uRE EN1ERED INTU BY THE .~
MAYUH A~D C1TY SECHE'l'ARY OF LAPOR 'l~, TEXAS_'
WITH THE TIBBETTS CONSTRUCTION""COMPANY Fat THE
PAVING OFA PUHTIUN OF MAIN S'l'RE'E'l' 1N THE CITY
OF LAPOR'l'E; "AU'rHOR1ZING THE ISSUANCE (F STREE~I
PAVING WARRAN'l.'S IN '!HE AMUUNT (Ii' $4162.22,
BEA'HING 6 PEH CENT IN1'EHEST Tu 'l'RE TIBBETTS , .'
CONSTRUCTION COMPANY, OR BEAHEH, IN ,PAYMENT OF ' '.
'. 'lIHE CI'l'Y I S .PURTIUN' OF THE CON~TRUCT ruN OF SUCR.,. ....:. .' , .' ,..;.:" .',
, . ',,; STREET IMPROVEMENTS, PHESClUBI.NG FURM 'OF WAR-..; " .' " .;' :',:
..' ,I'" j,;:HANTAND INTEREST cuupon; AND':LEVYING'A CON-' .. ...,' '.', .;
" 'TINUr-NG DiREC'l' "ANNUAL TAX, ON ALL 'TAXABLE pw- .', , ".:,'
PER TYvlIN SAID. CITY Tu PAY 'mEPRINCIPAL AND D-, . . :~, :.: ',;
.. , 'I'EREST OF SAID WARRANTS; AND DECLARING AN EMEH-' ~, ':'\ :'..,
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'S:~;'~~te, acting fnr =e::a::h:: :;Y::i~:i::~y~::r:::~~;:r::::t:ii~.t~
,~~ :C'C;~ tract 'wi th the Tibbetts construct~'~~' ~~mp~~Y:':f9~r~~~:' pav~~g'~f-:,~:I~~~}~:1~p;?
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.r '.:Str~l:et.in- the said: City::o{Laporte frqm:' the,:' West sfde of Fourth-:,Str~t?~:~'.~CP':','\'.I{/';
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:,', the ,~W,es~ sid~: ~t,.J3roa:dwaY';S.~.r:~~.~.~~in...~a~,9:.~' Ci.~y,', ~ ~s~~nce af four'b~o~clt~:.l;;tt:;:,
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I such paving to be of concrete and of the same character and kind as that
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bt~ing laid by the County of Harris along said Street, and to eX,tend the
lElOgth of said four blocks and for 20 feet on each s.ide of the pavement
sel betb.:g laid by . the County, and to cover int ersections, and to have on
eSlch margin of the street a cement curb, the cost of such paving being the
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sum of $~, of which amount the persons owning property
atu tting on'~ said street have contracted with and agreed to pay said Con-
strue tion Company the sum of ~, \ 0,1101 \ . ~~ , and which amount has been
placed in escrow wa~h the First National Bank of Laporte, Texas, to be
paid to such Construction Company, upon the completion of such improvements;.
the balan.ce of suc~"consideration, to-wit, the sum of $ '" \ eo 1-, ')-1,.
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a~i being the City's portion of the cost of such improvements, to be pai4.
by the City of Laporte by the issuance and,delivery to said Construction
Company of interest bearing time warrants, as is in said contract provided;
anci,
Whereas, the City Council of-the City of Laporte"in
itu discretion, deems it expedient and necessary that said warrants should
be issued in payment of the City's portion of the indebtedness for such im-
prc'vements, as aforesai.d; and
Whereas, the said Contract,' now before the said City
Council, has been fully read and considered, the same being in words and '
figures as follows, to-wit:
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'rHE S 'I' A 'l'E 0 l" ~rEXA s .
COUNTY 01" Hi\RRI S.
This contract and agreement n~de and entered into this the
lOth day of October, by and between the City of Laporte, acting herein by
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and through its Mayor and City ~ecretary, and the Tibbetts Construction
Comp~ny, a partnership composed of W. W. Butler, O. A. Tibbetts and H. B.
.Ashburn, acting herein by and through its proper officer, R. B. Butler,
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I.
For and in consideration of the sum of $14,904.05 to be paid
j, t, as is hereinafter provided, the Tibbetts Construction Company hereby
elgrees to pave the, Main Street of the City of Laporte from the West side
c'f F'ourth street, to the 'v'Jest side of' Broadway Street in said City, a
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di stance of four blocks, in two s trips of pa vemen t 20 feet in width, run-.
nin.g the length of said four blocks on each side of the 20 foot strip of
pa.vement being laid in the center of said Street by the County of Harris,
and to install a t the margin of said Street, and upon each side thereof,
c.sment curbs'. 'l'he pavement to be constructed of concrete of similar qual-
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,ity, grade and thiclmess as the 20 foot strip of pavement being laid by
said Cons truction Company on said street for the County of Harris, and to
bt~ 60 feet wide between the curbs, when finished, with circular returns
a1; all cross streets paved back to the property line. '1'he curbs to be
built monolithic with the pavement. Said paving to be done in strict ac-
cord with the plans prepared by the Engineering Department of the Co?nty
of Harris, and this day signed by the parties hereto, and in strict accord
with the specifications under and by virtue of which the Laporte Road is
the plans Rnd specifications here mentioned being herenow referred to and
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being paved by the Tibbetts Construction Company for the County of Harris;
made a part of this contract for all purposes.
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The paving above Dlentioned, as well as the curbs in connection
thElrewith, shall be laid along said Main Street of the Ci ty of Laporte, for
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thEI length above provided, wi th the exception tha t the same shall nQt be
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la:l,d before the following described lots' fronting on said street, to-wit: <<
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Lot Number. Block :Numbel' . Frontage on Main .::>treet.
4 39 24 feet
5 39 24 1/
6 39 25 1/
13 57 25 II
14 57 25 II
13 59 24 II
14 59 24 II
15 59 24 II
18 59 24 II
19 59 24 II
The street in front of each lot hereinabove mentioned, for the
entire frontage of said lot on said street, to be left unimproved with
the exception,of the 20 foot strip of paving being laid in the center of
Main street by the County of Harris.
III.
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The improvements hereinabove provided for shall be begun,by
the Tibb~tts Construction Company on or before the 15th day of October;
1927, and shall be completed within 30 working days from such date.
IV.
Of the consideration above mentioned the sum of $10,741.83
is to be paid by the owners of the property abutting upon Main .::>treet in
the city of Laporte within the portion thereof to be improved, as afore-
said, and such amount has been by such owners placed in escrow with the
First National Bank of Laporte, Texas, to be held by such Bank until the
completion of such improvements in aecordance wi th this contract, and
the' acceptance thereof by the County Engineer of the County of' Harris,
when such amount shall be paid over to the Tibbetts Construction Company
by said Bank.
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'fhe balance of said consideration, to-wit, the sum of '
$4162.22, and representing the City I S portion of the co st of such improve-1
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ments, shall be paid by the City of Laporte by the legally issued warrants 1
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of said City, and the said City of LaPorte agrees to issue such warrants
i to the said Tibbetts Construction Company in part pa~nent for said improve~
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ments, and the said Tibbetts Construction Company agrees to accept the
same as such payment.
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VI.
It is agreed that said warrants shall be issued. in the total
sum of $4162.22, being eight in numbel", dl1ted Octobel" lOth, 1927, the
first seven being for the sum of ~ij500.00 each and the eighth beine; for
the sum of ~~662.22, all bearing interest at six (6) per cent per annum
from their date until paid, interest payable semi-8nnually, and. being
d.ue and payable annually to the 'fibbetts Construction Company, or bearer,
in their numerical order, the first of such warrants being due and pay-
able on the lOth day of Oc tober, 1928, and one each of such Ii/arran ts be-
coming due and payable on the same day of each succeeding year thereafter.
The interest at the rate above specified to be evidenced by coupons attach-
ed to said warrants. :.:>aid warrants and the interest coupons attached
thereto being due and payable nt the FOJ:,t VJol..th National Bank, in F'ort
.Worth, 'rexas, the issuance of said warrants to be authorized by an ordi-
nance passed by the City Council of the City of Laporte.
It is further agreed that the warrants above mentioned shall
be delivel'ed hy the City of Laporte to the 'ribhetts Const:r'uction Company,
under resolution passed by the City Council of the City of Laporte
authorizing such delivery, upon the completion of the improvements above
mentioned, in accordance with the terms of this contract, and in accor-
dance with the plans and. specifications agreed upon herein, and when such
improvements have been accepted by the County Engineer of the County of
Herri s .
Executed in triplicate on this the day and year first above
written.
G I'1'Y OF LAPOH'rE, 'l'EXl\3.
Attest: (Signed) E. p. Sullivan,
By (Signed) Frank Reynolds,
City secretary.
Mayor.
rrIBBErr'r~ CONSTRUC'.eIuN COi~lPAN.y,
By:
R. B. Butler,
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~uperintenden t.
rrhis is to aclmow1edge the receipt of the sum of $10,741.83,
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paid to the Pirs t ,National Bank of Laporte, Texas, by prope rty owners'
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olNning 10 t::.; abutti nE:) thn t po l.tion of MElin ~)tl~eE:lt :tn the ci ty of La pOl'te
upon which the j.mpT'ovements con te1l1plated by th.e foregoing eontract
are to be placed, such 81110unt to be held by such Hank until the comple-
tion of the iF;pl'ovements in accordance wi th the foregoing contract, when
the same is to be paj.cl to the 'l'ibbett.s Construction Company.
1-\11cl the said I,'irst J~C1tion~:il eank of Laporte, '.l'ex1.-1s, llS such
Elscrow l'.I[';ent, F.lgreEls, binds <.Il1d obligates itself thflt it villI, upon the
comple tion of the illlpl'ovemen t s upon H:dn ~.itl'eet in th0 city or L~'po)"te,
j.n accordance wi th the 1'0 regoing contract, snd plans nnc1 speclfi cations
the1:'ein mentioned, and upon the acceptance and approval of such ~-:IOl:,k by
the Cou.n ty Engineer of' Harris County, 'l'exf.:i s, pay over to the '1'1h hetts
Construction Company, the sum of $10,741.83 in cash.
},IH~J'J.' j\!J\'1'luiH,L H;d'fK OL"' LI-IPUI\'J.'E.
littest: (Signed) l~. N. j';IcKay,
By: ( .:iigned) G. K. CL,.\ HK,
Cashie J'.
P:r'esident.
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'l'm~H},1'<mJ:;, }1};: 1'1' L)HD.i~.llmD BY 'l'tH': 01 'l'Y UUUMJiL Ul.' 'l'RE Cl',l'Y
OF L"d.:O ri'l']!;:
l. '1'h::1t the con'tl'f:let hereinbofore set out, ;'l(3t>"Jf~en the City
of' Lapor' te, and tho '.l'i bbett3 COl1.~truc tion Company, ha '.J:i.ne, bee n s if';nec1 ::ll1d
eyecutec1 faT' and on behalf of ~laid G:tt.y by its j,if1Y01", attested by its City
,3ecJ'etf.lry, and signed by the 'l~ihhetts Uol1.8truction Gomr.>any, a partnGJ'ship
compos'ed of ~j. '.J. .L--utlEH', o. '.1. 1'j.bhetts and H. B. IIsl1burn, act:i.ng by Dnd
tr.rough It. 13. 13utle:l;', therounto duly outhor:i.zcd, and ha lling th is day been
fully read and unci e:N1 too d, he nnr1 the snme is hereby ra tin, ed, confi rllled
and adopted 9S the !:lct, deed [.mo. contr':\ct of the said Ci.ty of Lflpol"'te,
'l'eXlls, and the S.911le shall have effect ac~orc1ing to i ts tr~nor and purpoJ't,
and shAll be entered upon the minutes of tl:d.:.~ City Coo ncil as a hindine;
contract between f;:aic City and the 'l'ibhetts Con[~truction Compl.my.
2. 'l1Jlat the said sum of ;,i;4162.22 evidenced by the WEl!'Nlnts
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hereby au thor-i zed as prov:lded f01' in said Gon trDc t, (;I S u par't of l.;he contr'nc t
price for the illlprovement;s contempluted thereby, and beine; the Uit:y's por-
tion of' the cost of said l.mprovelllentsj is hereby made and declared to be
the lawful debt of' the said City of Laporte, 'l'exas.
3. That in accordance wit~ said contract, wynrnnts of tho city
. of Laporte, to be called "Ci ty of LapoJ:.te .:3treet Paving Flar'rants, .:;eries
of 192711 be issued in the sum of :J4162.22, p:'lYDble to the '.I.'ibbetts Con-
S tJ:'U ction Company, OJ:' bearer, ropre sen ting D. part of the contract pri ce for
the paving of' Main ~;treet :In accordance wi th tho contrD.ct afoJ:'esaid, and
beinG the Ci t:,,r I S portion. of the cas t of such impr'ovement.
4. '1'ha t said warrants s1.1[;I.11 be numbered consecu ti vely f:r'Om. 1 to
8, inclusi ve, the f'i rat seven of which shall be in the denomiw;I tion of
:ff;500.00 eacb, and the ej.ghth heine; for the sum of ;:~662.22, AggregHting the
SU"tJ at' :!~4162. 22.
5. 'I'h8t sairlwLU'l""ant:':1 sball be d!-lted the lOth day of October',
1927, and shall matUJ:'e fJeriC:111y i.n annunl 1.n~tallments according to the t'ol-
lo'rdng schedule:
;'1AHHl-INT NUl':iI3ER. 1H~IOU N'l'. 1M\. 'r U let: 'l'Y .
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No. 1. ::i;500.00 Oc tober lOth, 1928.
No. 2. 500.00 October lOth, 1929.
No . 3. 500.00 Oc tober' lOth, 1930.
No. 4. 500.00 Oc to ber 101;h, 1931.
No. 5. 500.00 October lOth, 1932.
No. 6. 500.00 Oc tobcr lOth, 1933. V
Ho. 7. 500.00 October lOth, 1934.
No. 8. 662.22 October 10th, 1935.
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6. That said warrants shall bear interest from date
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until pa id at the ra'ce of 6 ~er cent per annum, ,interest payable semi-annually:
on the lOth day of October and the lOth day of April of each year. Said
in terest is part of the contract price agreed to for the construction of
sai1 street improvements, and shall be evidenced by proper coupons attached
to each of said warrants. Past due interest shall bear interest at the rate
of S per cent per annum from maturity until paid.
7. That each of said warrants shall be signed by the
MaYI)r, countersigned by the Ci ty Secretary, Hegistered by the Ci ty Treasurer,
and shall provide the purpose for which they al'e issued, the place where
payable, and the seal of the oi ty of Laporte shall be impressed upon each
of ::laid warrants.
8. That the principal and interest of said warrants
shall be payable in lawful money of the United states of America at the
..1l'\\/n~ ~L.J. Bank, j 1!"1.~~~ , ~CV;), upon presentation and sur-
render of proper warrant 01"' interest coupons.
9. That the interest coupons attached to each of said
warI'ants shall bear the facsimile si gnatures of the Mayor and the Oi ty Se-
cretary, and shall have the same effect as if such coupons had been signed
by said officials in person.
10. That said warrants shall express upon their face
the purpose for which they are issued; that they are issued in strict con-
formity with the Constitution and Laws of the State of Texas, and in pur.-
suancs of this ordinance; that each of said warrants shall provide and sti-
pulate that in event of default in the payment of principal or interest,
and the same is placed in the hands of an attorney for collection, or if
collected by suit, or by legal proceedings of any kind, ,an additional amount
of ten per cent of the principal and interest then due shall be paid as
attorney's fees, and the form of each of said warrants shall be substantially
as follows:
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UNITED S'l'A'l'ES OF 1\MER1CA
S'l'1\ 'l'E 0 F 'l'EXAS
COUNTY OF' HARRIS
CITY OF LAPORTE S'llREE',P PAVING WARRAN'r, SEHIES OF 1927.
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The Oity of Laporte, a municipal corporation, duly
inc:>rpora ted under the laws of the State of 'l'exas, for value recei ved, is
justly indebted and hereby promises to pay to the' Tibbetts Oonstructi9P
Oompo.ny, or bearer, on the 10th day of October, l'~_, at the '-3~ ,Q.jJt5\J..Jv..
~...x'V\SV' tJ. Bank, ~ tj ~ .10~ ~ .ra'!:::t.1V3 , the. sum of
T1r . ) Dollars n lawful money of the 'Uni ted States of America, wi th
interest thereon from date hereof at the rate of 6 per cent per annum pay-
able semi-annually on the lOth day of uctober and the 10th day of April in
eac::l year; and the Oity 'rreasurer of the City of Laporte is hereby author-
ized and directed to pay to the 'ribbetts Oonstruction Oompany, or bearer,
said principal sum, together with interest thereon evidenced by coupons
attached hereto, principal and interest payable at the Bank above named upon
presentation and surrender of warrant or proper coupons.
In event this warrant, or any of the interest coupons
attached hereto, shall not be paid at matu.rity, they shall thereafter bear
interest at the rate of 6 per cent per annum until fully paid, and in the
event of such default and claim therefor is placed in the hands of an attor-
ney f01' collection or suit instituted on this warrant or any annexed cou-
pons, the Oity of Laporte obligates itself to pay an additional ten per
cent as attorney.s fees.
This warrant is one of a series of eight warrants
numbered consecutively from 1 to 8, inclusive, the first seven being for
the sum of $500.00, and number 8 being for the sum of :jj;662.22, aggl"egating
$4162.22, issued for the purpose of evidencing the indebtedness of the City
of Laporte to the said fibbetts Construction Company, or bearer, for fur-
nishing all materials, labor and machinery for improving a portion of the
Main Street in said City, under and by virtue of the Constitution and Laws
of the State of '.l'exas, and pursuant to an ordinance duly and legally passed
by the City Council of said City on the 10th day of October, 1927, which
ordinance is recorded in Book , Pages , et seq., of the Minutes
of said Council.
'rhe date of this warrant in conformi ty with the ordinance
above referred to is October lOth, 1927.
And it is hereby certified, recited and represented,
that all acts, conditions and things necessary to be done and precedent to
and in the issuing of these warrants in order to make them legal, valid
and binding obligations of said City, have been done, happened and performed
in regular and due form, as required by law; that the faith, credit and re-
sources of said City are hereby irrevocably pledged for the prompt payment
of the principal and. interest thereof at ma turi ty. 'l'hat no li~Tli tation of
indebtedness or taxation, either statutory or constitutional, has been ex-
ceeded in issuing these warrants, and tha t sufficient and proper provision
for the levy and collection of taxes has been made which, when collected
shall be, appropriated exclusively to the pa~vment of this warrant, and of
the series of which it is a part, and to the payment of the interest cou-
pons hereto att~ched, as the same shall become due.
In witness whereof the City of Laporte, Texas, by its
City Council, has caused .its corporate seal to be affixed hereto, and this
warrant to be signed by its Mayor, countersinged by its City Secretary and
Registered by its City 1reasurer, and the interest coupons hereto attached
to be executed by the lithographed facsilnile signatures of the said offi-
cials as of the date last above written.
Mayor, City of Laporte, Texas.
\/,
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11. That the interest coupons attached to said war-
rants shall be substantially as follows:
"No.
~j;
On the 10th day of ,19, the City of Laporte,
a :~unicipal corporation, duly incorporated under the-Iaws of the State 'of
'l'e:x:as, for value received, will l1e ,justly indebted to the 'fibbetts Con-
'struction Company, Contractor, or bearer, in the sum of
($ . ) Dollars, by virtue of a contract made by said City with said con-
tractor; and the City Treasurer of said City is hereby authorized, ordered
and directed to pay said contractor or hearer on said date, out of and from
the lISpecial StrE{et .Paving Warrant Func;i, .::leries c;lJ 1927" of said City, at
thl9 ~1.:'OlJ riJ1.A ~'~..Q Bank, cO: "'':'"J:C'.oV''JM.~, said amount in law-
ful money of the United States of c\merica; the same being six months in-
tei:,es t due said contractor or bearer on "Ci ty of Laporte Street Pav.ing War-
rant, Series of 1927" No. , dated October 10th, 1927, to which this
coupon is attached and is a part thereof.
Mayor, City of Laporte, 'l'exas.
Countersi gned:
Ci 'cy Secretary, Ci ty of Laporte, '!'exas. IT
12. Tha t on the bacle of each of said warrants there
shall be printed the following:
"For value received, the Tibbetts Construction Company
hej:,eby transfers, sells and delivers the within warrant, together with in-
'te:raest coupons attached to bearer, wi thout recourse, and the bearer hereof
is hereby subrogated to all claims, liens, rights and interest, whether at
or in equity, which are, or may be secured to it by said warrant, and the
contract by authority of which same was issued, and the bearer hereof is
authorized to collect the same Bnd to gi ve full l'eceipt and acquittance
thorefor.
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IrlBBE'l'TS CON81'1-<UC'I'lUN CUMP1~NY,
By
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13. When the warrants hereby authorized to be issued
ha"e been properq executed, they shall be delivered to the said 'l'iblletts
Construction Company under a resolution passed by the City Council author-
iztng such deli very, a.fter th e completion of the pa ving on Main street in
tho city of Laporte, in aCcordance with the plans and specificl3.tions there-
fOl', and the acceptance of such paving by the County Engineer of Harris
COl;mty, Texas, such acceptance to be evidenced by instrumont in writing
filed with the City Council of Laporte, 'l'exas.
14. Be it further ordained. by the City Council of the
Ci 1;y of Laporte, Ii/exes: 'fhat a special fund to be designated "Special street
Pa~'ing Warrant Fund, Series of'192711 shall be set aside out of the Consti-
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tutlon131 tax fund of said. City, which special fund shall be used ex-
clusively for the payment of the interest on said warrants and the
principal thereof at maturity.
15. 'I'hat to Crel:lte said fund to pay the interest
on said warrants and provide the necessary sinking fund to pay the
principal thereof at maturity, a tax of and at the rate of eleven (11)
cents on each One Hundred Dollars valuation of taxable property- in
the c1 ty of Laporte shall lJe annually levied and alUluallJr assesf:led and
collected, and said tnx is herenow levied for the current year 192'7,
and so much thereof as shall be necessary for each succeeding year
while said warrants or any of them are outstanding, and the same shall
be annually taxed and collected and applied to the purposes named.
l6. 'fue fact that the IDibbetts Construction
Company is now engaged in the pavi ng of a 20 foot strip in the center
of Main street in the city of Laporte, for the County of Harris, and
that it has all of its equipment on the ground and can proceed at
once with the paving of the balance of said street for the city of
Laporte and the property owners therein, and because of such fact such.
paving can be procured by the city and such property owners at an
unusually reasonable figul"e, but in order to avail themsel vas of the
benefitaofthe situation al"'rangements for such paving UlUst be made at
once and without delay, crea tes an emergenc~r and impcra ti ve public
necessi ty requiring that the Consti tutional rule that ordinances shall
be read on three several days be suspended, and said rule is therefore
hereby suspended., and this ordinan ce shall take effect and be in force
from and after its passage, and it is so ordained.
lhe above ordinance having been read in full, the
motion of Alderman ~~ ~ for its passage was d.uly
seconded by Alderman~^~ ~~. 1hereupon ine Mayor put the
motion to :a vote of the members of the C1 ty Council, and the motion
carried by the following vote: ~y-~ , ~I\.~
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~ '\CMA M @... ~ en. !\-Cl.N'-
and 'none 'voting "N~I
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, vo ting II Aye"
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'J.1he .Mayor dec1aped the motion carried and the
ordinance duly passed and adopted.
Passed and appl"'oved on this the 10th day of Oc-
tober, A. D., 1927.
/,'
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Mayor, 01 ty of a orte, 'fexes.
Attest: I #
~p~~
~~etary, 0 ty of ,apor;e, 'l'exas.
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Ordinance confirming contract between
City ot Laporte and Tibbetts Construc-
tion Company, and authorizing issuance
of street Paving Warrants, Series of
1927.
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'l~IE STA TE U1" TEXAS.
,.;
CIJUNTY OF HARRl S.
CITY OF LAPOR'l'E.
On this the lOth day of Octo~er, 1927, the City Coun-
. .
c:1.l of the City of Laporte convened in regular'sef!sion at the regular meet-
ing place thereot in the City Hall, there being present and in attendance
e.. t1:~e following members, to -wi t :
Frank Reynolds,
Frank Bake r,
Charles Norris,
Mayor, and
,
Tom ,DeWalt,
George Brick,
"
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E. P. Bull van,
Alderman 0t" J.S\ c\ 0
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ordinance and moved its adoption:
Aldermen, '-a~d
City Secretary.
, 0.. I , "".
~ introduced the following
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,
ANO.RDINANCE BY ':IRE CrTY 00UNCIL OF 'IRE CJ. TY
<F LAPORTE APPROVING, RATIlt'Y1NG AND CONF.LHM-
ING CON TRAC 'l' HERErOlt'uRE EN'I'ERED INTO BY THE
.M~YOH AND C1T:i SECkETARY OF LAPUR 11];, TEXAS,
WITH-,..Tt.IETIBBETT"S CONSTHUCTION COMPANY pm THE
PAVING"UF.A POHTION OF MAIN S'l'REE'll .LN THE CITY
OF LAPOR'.J!E~-' A~pruR1Z.L NG ,mE IS SUAN CE <F STREET
~AVING WARRANTS'-IN~ mE AMOUNT <F $4162.22;
'BEAR.LNG Er PElt CENT' IiPPEH"EST Tu 'liHE '.UBBETTS
COlllSTRUCTION COMPANY, OH BEAHEit, .LN PAYMENT OF
'l'HE CI'1ry'S poR'rluN OF THE CONSTRUCTluN OF SUCH.
i. STREET IMPROVEMENTS, P HESCHIBING :B'UHM OF WAR-
.. ltAN'l' AND lNTEREST CUUPON; AND LEVYING A CON-
TINUING D1REC'f ANNUAL TAX ,ON ALL TAXABLE PW-
PER'Iiy'IN SAID' CITY TO PAy'.'mE PRINC.LPAL AND:rN-
'rEREST 0 F SAID WARRANTS; AND "DECLARIN G AN EMEtt-
. GENCY 1'-"
. ~'" . .
,
'-'=~-~,~--~ "1==---':Wliereas',-'-th-e~......and-.ci-t.~LSe.c.r...e.tary, ot the c1 ty of
'~a:?o'rte. acting for and on beh'alf of said City, have heretofore entered into
"
......H..' a c~on tract with the Tibbetts Construction Company for the paving of Main
St:reet'in the said City of Lapprte from' the, West sfde of Fourth street to
, I.
th'El '~e,E}.t-flcte-::Q~~~~,!~;,:~t~~~'l1~, ~id~~i ~!,' a d1 stance ot four blocks,.
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.,"') lauch paving to ,be of c:ncrete and of the same character and kind as that
~oeing laid by the County of Harris along said Str~et, and to ex~end the
, '
length of said four blocks and for '20 feet on each s.ide of the pavement
so betng laid by ,the C~unty, and to cover int ersections ~ 'and to have on
each margin of the street. a yement curb, the cost of such paving bei,ng the
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sum of $ I,\.f, l\ 0 tJ ,; , of whi ch amount the persons owning property
abu tting on said street have contracted with' and agreed to pay said Con-
struc tion Company the sum of $. \ o. '\ L4 \ . % ~, and which amount has been
placed in escrcow wJl.:bh the First National Bank of Laporte, Texas, to be
paid to such construction Company, upon the completion of such improvements;
_" the balance of such consideration, to-wit, the sum of $ '" \ <0;'. ')0 ').,
,
and being the Cityis portion of the cost of such improvements, to be paid
by the City of Laport~ by the issuance and delivery to. said Construction
.company of iriterest bearing time warrants, as is in said contract provided;
and,
WherE;!as, the Ci ty Counc il of the City of Laporte., in
. .
its discretion! deems' it expedient and necessary that said warrants should
b" issued in payment o.f the City's portion of the indebtedness for such im-
provements, as aforesaid; and
-
Whereas, the said Contract, now before the said City
Council, has been fully read and considered, the same being in words and
figures as ro~lows, to-wit:
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THE STA'l'E 01" 'fE)lAS.
COUNTY 01" HARRIS.
Th~s contract and agreement made and entered into this the
lOth day of October, by and between the City of Laporte, acting herein by
.
and through its Mayor an<;l C.i ty t>ecretary, and the 'I'ibbetts Construction
Comp~ny, a partnership composed of W. W. Butler, O. A. Tibbetts and H. B.
Ashburn, acting herein by and through its proper officer, R. B. Butler,
I,.j I'IINESBE'fH:
I.
For and in consideration of the sum of $14,904.05 to be paid
it, as is hereinafter provided, the Tibbetts Construction Company hereby
,ity, grade and thickness as the 20 foot strip of pavement being laid by
said Construction Company on said street for the County of Harris, and to
. _ bc~ 60 feet wid~ between the curbs, when finished, wi th circular returns
at all cross streets 'paved back to the property line. The curbs to be
~
built monolithic with the pavement. Said paving to be done in strict ac-
,cord with the plans prepared by the Engineering Department of the C~unty
of Harris, Bn~ this day signed by the parties hereto, and in strict accord
.with the spe~~!ications under and by virtUe of which the Laporte Road is
". -....-- -.---
being paved by, the Tibbetts'Construction Company for the County of Harris;
,
the plans ~nd specifications here mentioned being herenow referred to and
made a part of this contract for all purposes.
II.
-~'Tne---pay.!ng above'mentioned, a s well as the curbs in connection
'.~...--....-
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the:t'ewi th, shall be laid along 'said Main Street of the Ci ty of Laporte, for
the length above provide~, with the exception that the same shall not be
laid before the following described lots fronting on said street, to-wit:
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Lot Number.
Block Number. Frontage on !v!ain .::>treet.
39 24 feet
39 24 II
39 25 II
57 25 It
57 25 tI
59 24 II
59 24 II
59 24 II
59 24 11
59 24 II
4
5
6
13
14
13
14
15
18
19
The street in front of each lot hereinabove mentioned, for the
entire frontage of sald lo't on said street, to be left unimproved with
e the exception of the 20 foot strip of paving being laid in the center of
Main street by.the County of Harris.
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III.
The improvements hereinabove provided for shall be begun by
the Tibbetts Construction Company on or before the 15th day of OctOber,
1927, and shall be completed within 30 working days from such date.
IV.
Of the consideration above mentioned the sum of ~10,741.83
is to be paid by the owners of the property abutting upon Main dtreet in
the City of Laporte within the portion thereof to be improved, as afore-
said, and such amount has been by such owners placed in escrow with the
First National Bank of Laporte, Texas, to be held by such Bank until the
completion of such improvements in aecordance wi th this contra.ct, and
the accepta~ce thereof by the County Engineer of the County of Harris,
when such amount shall be paid over to the Tibbetts Construction Company
by said Bank.
v.
The balance of said co~sideration, to-wit, the sum of
.-~ '
$4162.22, ~~~~&eRti~,he~~j~yls portion of the cost of such improve-
ments, shall be paid ~by the City of Lapo~te by the legally issued warrants
of said City, and the said City of LaPorte agrees to issue suCh warrants
to the said Tibbetts ,.Const,ruction Company in part payment fo r said imp:rovc
ments, and the said Tibbetts Construction Company agrees to accept the
same as such payment.
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VI.
It is agreed that said warrants shall be issued in the total
sum of $4162.22, being eight in number, dated October lOth, 1927, the
first seven being for the sum of $500.00 each and the eighth being for
the sum of $662.22, all bearing interest at six (6) per cent per annum
. .
from their date until paid, interest payable semi-annually, and being
due and payable annually to, the Tibbetts Construc tion Company, or bearer,
in their numerical Qrder, the first of such warrants being due and pay-
able on the lOth day of October, 1928, and one each of such warrants be-
coming due and payable on the same day of each succeeding year thereafter.
The interest at the rate above specified to be evidenced by coupons attach-
ed to said warrants. Said warrants and the interest coupons attached
thereto being due and, payable at the Fort Worth National Bank, in Fort
Vlorth,' Texas,' the issuance..of said warrants to be authorized by an ordi-
nance passed by the City Council of the City of Laporte.
It. is fur:ther agreed that the warrants above mentioned shall
be delivered by the City of Laporte to the Tibbetts Construction Company,
under resolution passed by the City Council of the City of Laporte
authorizing such delivery, upon the completion of the improvements above
mentioned, in 'accordance with the terms of this contract, and in accor-
~: dance with the .plans and specifications agreed upon herein, and when such
i.mprovements have been accepted by the County Engineer of the County of
Harris.
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'-.
Executed in triplic~~e on this the day and year first above
vrri tten.
Attest: (Signed) 'E. p. Sullivan,
CITY OF LAPOHTE, 'l'EXAS.
By (Signed) Frank Reynolds,
~-- Gi-t..y _ S:ecr~ tarr.
i~ayor .
TIBBETT~ CONSTRUCTIUN CO MPAMY,
By: R. B. Butler,
,,--'-.
/....e....' Superintendent.
This is to acknowledge the receipt of the sum of $10,741.83,
paid to the First .National Bank of Laporte, Texas, by property owners
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owning lots abutting that portion of Main Street in the city of Laporte
upon which the improvement~ contemplated by the foregping contract
Slre to be .placed, such amount to be held by such Bank until the comple-
tion of the improvements in accordance wi th the foregoing contract, when
the same is to be paid to the Tibbetts' Con.struction Company.
.And the said First National Banlr of Laporte, Texas, as such
escrow agent, agrees, ',binds and obliga tes itself that i t vd~l,; upon the
completion of the improvements upon Main Street in the city of Laporte,
, '
in accordance with the foregoing contract, and plans and specifications
therein mentioned, and upon the acceptance and approval of such work by
the County Engineer of Harris County, Texas, pay over to the Tibbetts
Construction ,Company, ,the sum of $10,741.83 in cash.
Attest: (Signed) A.' N. McKay,
FIRST NATIUNAL BANK. OF LAPORTE.
By: (Signed) C. K. CLARK,
Cashier.
President.
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I'f ONDAl NED BY 'I'HE CI TY COUll/CIL OIe' i'HE CITY
'w OP LAPORTE:
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1. : That the contract hereinbefore set out, between the City
of Laporte, and the Tibbetts Construction Company, having been si~ned and
executed for and on behalf of said City by its Mayor, attested by its City
Secretary, and signed. by the Tibbetts Construction Company, a partnership
composed of IN.W. Bltler, 0.. A. Tibbetts and H. B. Ashburn, acting by and
through R. B. Butler, thereunto duly authorized, and having this day been
.fully read and understood, be and the same is hereby ratified, confirmed
and adopted a~ the act, deed and contract of the said City of Laporte,
.rexas, and the same shl:fll have effect according to its tenor and purport,
and shall be entered upon the minutes of this City Cooncil as a binding
l:}ontract between said qity and the Tibbetts Construction Company.
...
2. .That the' said sum of $4162.22 evidenced by the warrants
llereby authorized as provided for in said contract, as a part of the contract
pric.e for the improvenlents. contemplated thereby, and being the City's por-
1~ion of the cost of said improvements; is hereby made and declared to be
the lawful debt of the said City of Laporte, Texas.
:,1
3. That in :accordance wit.h said contract, warrants of the city
(If Laporte, to :be .call;~d "C:ir~y of Laporte Street ?aving \"Jarrants, Series
elf 1927" be issued in the sum of $4162.22, payable to the 'l'i bbetts Con-
-
E:truction Company, or bearer, representing a part of the contract price for
the paving of Main street in accordance w:l,th the contract aforesaid, and
being the Cityfs portion of the cost of such improvement.
4. That said warrants shall be numbered consecutively from 1 to
H, inclusive, the first...sev~p of which shall be in the denomination of
~~500.00 each, and the eighth being for the sum of :fI;662.22, aggregat.ing the
wum of $4162.2.2'.
. .... .'"
5. ,The t said warran ts shall be dated the lOth day of October,
,',
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:.927, and shall matuI'e 's'erially in animal installments according to the fol-
:Lowing schedule:
10' .
. WARRANT NUWiBER'~' . ~ _ ~:.J I. .. . AMOUNT. i~1A TUHI TY .
-
No. 1. ~500.00' Oc tob er lOth, 1928.
no. 2. 500.00 October 10th, 1929.
no. 3. 500.00 October lOth, 1930.
no. 4. 500.00 October lOth, 1931.
No. 5. 500.00 October lOth, 1932.
No. 6. 500.00 Oc tober lOth, 1933.
Uo. 7. 500.00 October 10th, 1934.
No. 8. 662.22 October 10th~ 1935.
................_..:..--'-~_-..!....>-""_..-'!..-- .. ~ .~ -
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6. That said warrants shall bear interest from date
until paid at the rate of S'per cent ~er annum, interest payable semi-annually
em the 10th day. of October and the lOth day of April of each year. &aid
lnterest is part of the contract price agreed to for the construction of
~Ia:ld street improvements, and shall be evidenced by proper coupons attached
1;0 each of said war.rants. Past due interest shall bear interest at the rate
elf 6 per cent per annum from maturity until paid.
7. That each of said warrants shall be signed QY the
Ma~ror, countersigned by, the City Secretary, Registered by the City Treasurer,
and shall provide the ,purpose for which they are issued, the place where
.~ ~ayable, and the seal of the city of Laporte shall be impressed upon each
of said warrants.
8'. That the principal and interest of said warrants
shall be payable in lawful money'of the United States of America at the
~~'~\fn~ ~LJ Bank, J\1~.~~, ~~ I upon presentation and sur-
render of proper warrant or ~nterest coupons.
9'. That. the interestcoupons'--attached to each of said
.
warrants shall bear the :facsimile signatures of the Mayor and the City Se-
cretary, and shall have the same effect as if such coupons had been signed
b.Y' said officials in person.
10. That said warrants shall express upon their face
the purpose for 'which they are issued; that they are issued in strict 'con-
formi ty wi th the Consti tution and Laws of the State of Texas, and in pur.-
. ."
Sllance of this ordinance; that each of said warrants shall provide and sti-
plllate that in event ot ,default in the payment of principal or interest,
and the same is placed in the handsot an attorney for col~ection, or if
ce~llected by suit, or by legal proceedings of any kind, an additional amount
oj~ 'lien per cent of the principal and interes~ then due shall be paid as
----'-:-- "-.. .. ,.' ._~~..:. ----...-..,-~---"-- ---
attorney's fees,' and the: form of 'each of said warrants shall be substantially
a~1 follows:
. u:No.
"
$
UNITED STATES OF AMERICA
SlrA TE 0 F 'fEXAS, ~
COUNTY OF HARRIS
CITY OF LAPORTE STREET PAVING WARRANT, SERIES OF 1927.
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The City of Laporte, a municipal corporation, duly
:lncorporated under the laws of the State of Texas, for, value recei ved, is
,justly indebted and hereby promises to pay to the' Tibbetts Constructi9P
Gompa.ny, or bearer, on the lOth day of October, 19_, at the ~~ ,Q.i)6\M..
St\~.J- Bank, ~ "X'~~ I~ , the, sum of
,;J - -. ) Dollars n lawful money of the United States of America, with
:Lnterest thereon from date hereof at the' rate of 6 per cent per annum pay~
uble semi-annua,lly on'the lOth day of October and the 10th day of Apr~l in
f~ach year; and, the City Treasurer of the City of Laporte is hereby author-
:Lzed and directed to pay to the Tllbbetts Construction Company, or bearer,
:laid principal 'sum, together; wi th interest thereon evidenced by coupons
uttached hereto it 'principal and interest payable at the Bank above named upon
presentation and surrender of warrant' or proper coupons.
,In, event this warrant,' or any of the interest coupons
~lttached hereto, shall not be paid at maturity, they shall thereafter bear
lnterest at the rate of,6 per cent per annum until fUlly paid, and in the
'E,vent of such default and claim therefor is placed in the hands of an attor-
ney for collect.ion or suit insti,tuted on this warrant or any annexed cou-
pOllS, the City of Laporte 'obligates itself to pay an additional ten per
c:ent as attorney's fees.
This-warrant is one of a series of eight warrants
Ilumbered consecutively from 1 to 8, inclusive, the first seven being for
t;he sum of $500.00, and' number 8 being for the sum of $662.22, aggregating
~i4162.22, issued for the purp'ose of evidencing the indebtedness of the City
alf Laporte to the said Tibbetts Construction Company, or bearer, for fur-
nishing all materials, labor and machinery for improving a portion 'of the
Main Street in said City, under and by virtue of the Constitution and Laws
e,f the State of 'llexas, and pursuant to an ordinance duly and legally passed
'by the City Council of said City on the 10th day of October, 1927, which
c.rdinance is recorded ,in Bool( , Pages ,et: seq., of' the Minutes
elf said 90uncil,. -
The date of this warrant in conformity with the ordinance
above referred to is October lOth,' 1927.
And it ~s hereby certified, recited and represented,
that all acts, conditions and things necessary to be done and precedent to
and in the issuing of t~ese warrants in order to make them legal, valid
and binding obligations"of said City, have been done, happened and performed
in regular and due form, as required by law; that the faith, credit and re-
sources of said City are hereby irrevocably pledged for the prompt payment
of the principal and interest thereof at maturity. ~at no limitation of
indebtedness or taxation, either statutory or constitutional, has been ex-
ceeded in issuing these warrants, and that sufficient and proper provision
'for the levy , and. collection of taxes llas been made which, when collected
shall be appropriated exclusively to the payment of this warrant, and of
the series of which it is a part, and to the payment of the interest cou-
pons hereto attached, as the same shall become due.
In witness whereof the City of Laporte, Texas, by its
Ci ty Council, has caused its 'corporate seal to .be affixed hereto, and this
warrant to be signed by its Mayor, countersinged by its City Secretary and
Registered by its City Treasurer, and the interest coupons hereto attached
to be execute~ by the ~ithographed facsimile signatures of the said offi-
c:L al ~ as. 0 f th;"'d-a't e,....J.~s~t~a.Q.o.v:e_ ~r!_1!ten.
CIJuntersigned: ,
Mayor, City of Laporte, Texas.
. C:lty Secretary, City of Laporte, Texas.
Rf3gi stered:
C:[ty Treasurer,;'.City of LaPorte, Texas.
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ll~ ,That the interest coupons attached to said war-
rants shall be ~ubstantially as follows:
"No ~
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On the lOth day of ,. 19 , the City of Laporte,
a municipal corporation, duly incorporated under the-Iaws of the State 'of
Texas, for value received"will be justly indebted to the Tibbetts Con-
'str'Uction Company, Contractor,' or bearer, -in the sum of
($ . ) Dollars, by virtue of a contract made by said City with said con-
tractor; and the City Treasurer of said City is hereby authorized, ordered
and directed to pay said contractor or bearer on said date, out of and from
t,he n~pecial St~~, et .Paving Warrant 'Fun9.~ Series QJ 1927" of said City, at
the ~OlJ ~A ~~. Bank~ cCt ~~.ocn..AM.,'\.e..y, said amount in law-
:f'lll money of the ,n, teSt~tes of America; the same being six months in-
terest due said contractor' or bearer on "Ci ty of Laporte Street Pav,ing War-
rant, Series of 19271i No. , dated October lOth, 1927, to whi ch this
cc:>upon is attached and is a part thereof.
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Mayor, City of Laporte,' 'rexas.
C()unt e rsi gned :
C:l ty Secretary,' Ci ty of Laporte, Texas. n
12. That on the back of each of said warrants there
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shall be printed the following:
"For value received, the Tibbetts Construction Company
hE>>reby transfers, sells and delivers the within warrant, together with in-
torest coupons attached to bearer, without recourse, and 'the bearer hereof
if. hereby subrogated to all claims, liens, rights and interest, whether at law
0]" :In equity, which are,> or may be seoured to it by said warrant, and the
, contract by authority of which same was issued, and the bearer hereof is
authorized to collect the same l;ind to give full receipt and acquittance
the refo r.
T1BBE~TS CONSTRUCT1UN COMPANY,
By
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l3.- When the warrants hereby authorized to be issued
hsve been properq exec~ted, t~ey shall be delivered to the said Tibbetts
Cons:truction Company unq.er a resolution passed by the City Council author-
izing such del'1ve'r~_,.__aft~r the completion of the paving on :Main Street in
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the city of Laporte, in. accordanc"e with"the- plans and specifications there-
for, and the acceptance of such paving by the County Engineer of Harris
County, Texas, such acceptance'to be ev-idenc;ed by instrument in writing
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~ filed with the City Counoil; of Laporte, Texas.
l4. Be it further ordained by the City Council of the
Ci ty' of Laporte" 'J.1exas: That a special fund to be designated "Special S'treet
Paving Warrant FUnd, Series of 192711 shall be set aside out of the Consti-
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tutional tax fund of said City, which special fund'shall be used ex-
clusively for the paYment of the interest on said warrants and the
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principal thereof ,l:it maturity'.
15. That to create said fund to pay the interest
on said warrants apd provide the necessary sinking fund to pay the
principal thereof at maturity, a tax of and at the rate of eleven ell)
cents on each One Hundre'd Dollars valuation of taxable property in
the city of Laporte shall be annually levied and annually assessed and
collected, and said tax is herenow levied for the current year 1927,
and so much thereof as shall be necessary for each succeeding year
while said warrants or any of them are outstanding, and the same shall
be annuallY taxed and collected and applied to the purposes named.
l6.' The fact that, the 1Bi1bbetts Construction
Company is' now engaged in the pavi ng of a 20 foot strip in the center
of Main street in the city of Laporte, for the Cou~ty of HarriS, and
that it has all of It~ equipment on the ground and can proceed at
once with the pavirig of the, balance of said street for the city of
Laporte arid the property owners therein, and because of such fact such
paving can be procured by the city and such property owners at an
unusually reasonable figure, but in order to avail themselves of the
benefi1130f1:;he situation arrangements for such paving must be made at
~ once and without delay, creates an emergency and imperative publiC
necessity requiring that the Constitutional rule that ordinances shall
be read on. three several days be suspended, and said rule is therefore
hereby suspended, and this ordinance shall take effect and be in force
from and after its passage, and it is ao ordained.
The above ordinance having been read in full, the
motion of Alderman ~~~. for its passage was duly
seconded by Alderman ^s.I\.~ ~~ . '!hereupon the Mayor put the
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motion to ~ vote of the members of the City Council, and the motion
carried by.the fol19wing vote: ~y-~ , ~A~
~~ , "~ ,CVIL \,U~ , (UM.~ ~
~ l\~M.@... ~ cn~ ~, , , voting "Ayefl
and none 'voting IiN~r.
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The Mayor declared the motion carried and the
ordinance duly passed and adopted.
Passed and approved on this the lOth day of Oc-
tober, A. D., 1927.
A<VV1i~
' C'j}.Jt -
Mayor, C ty of a orte, Texas.
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Texas.
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