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OITY OF LA F~:HTE :'>lir,-:3~{ n.::rnOV3I.IEHT
W'ARRANTS", S~;HIBS OF 1943, 0;15,000
M, aoS-
ORDINANCE PROVIDING FUn CONSTRUCTION
Oi? S:J:UBR Il';il?ROV.:iL1lNI' a hNlJ l':!.tU\.IUG
PR01JiS 1m; ~U:i ?AYl'.';EUl' 'i.'L.i:!:H~l'lJR
T.:-~ ."'l'ATB OF TEXAS f
CO:"'lliTY OF RARIUS ~
JITY OF L..I\ PORTE '/
On this ;Ii? day of ~, 1943, the Oity Oouncil of
the City of La Porte, in Harr~Texas. oonvened in ~v
session at the Clty Hall in said Olty with all il1embers thereof
presen t, viz:
FRJ:D R. RUFF,
Mayor
J. N. JOb1~SOi.:',
J. J. ROARK,
.,
;;. li. lCl&l1DSn J
rl :fAmid
7l/.-&~
ANNIE OUUSTENSON J
Aldermen
~City Secretary
There oame on to be considered the fila tter of constructlng
improvements to the sewer system in the City of La Porte and pro-
Vidin~ for payment therefor, and after due consideration, Alderman
~~introduoed an ordinanoe entitled:
t~ rtAN ORDINANOE
OF THE C IT'! COUNCIL OF T"M GI TY OF LA PORTE, TEXAS.
IfiAKnTG 'PROVIS ION FOR TEE CONSTRUCTION OF S~~liER
n,IPROV,allENTS IN ,sAID CITY; PROVI!;ING FOR Ti:3 ISSu.hrCE
OF $15..000..00 SEt;TBR IMPROVE:.i3NT 4;%' WARIW\TTS, S:2RIES
OF 1943. OF SAID CITY, IN PAY1.~NT.~I3REFOR; PROVIDING
FOR TH.ill L~"'VY AND COLL.ci:CTION OF TAXBS 01\' AL L TAYuillL~
P:10PERTY IN SAID CITY SUFFICIEN'l' TO PAY T}~ INT2n~ST
Ol'l SUCH tfARHANTS Al'.cT]) THE PRINC IPAL 'lliBl1EO!t' AT l,;.ATUR-
ITY; RESERVING THE RIGHT TO MAKE PAYl\'1El\"T IN WliOLE
OR IN PART OF SUCl.. Il>IDEBTEDN'~SS OUT OF m:ms F"rtOl,i
OTHER I4\WflIL SOURCES; AND DECLARING 11N ia,~zr{G~NCYtt.
The Ordinanoe was ~e~ in full by the Ci ty Secretary, and
;ll~>' "~S moved by Alderman /7~ and seoonded by Alderman
~~n./J1'>V that the Ordinance be passed on its tirst reading,
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/7 which mo tion ,JVas unanimously carried, Aldermen JOlIN'SOH, ROARK,
Kl!:il!lJiiR. ,~l-;ri , and ~~ voting AYE; and no one
vot ing HO.
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It was moved by Alderman ~~~~ and seconded by
Alderman ~ that t~' ;;;::~~g ordinances tD be
passed at IJOre than one meeting be suspended and that the ordi-
nanoe be plaoed un its second and final readings, Wllich motion was
unanimously oarried, Aldermen JOIJ~SON, ROARl\., ~~lm.MR, ~~
and ~ votill8 AYE; end 110 one voting NO.
Tho 2?Q1~ance was read a second time and it was moved by
Alderman ~ and seconded by Alderman /'f~ that
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the ordinance be passed on its seoond reading, ~hich motion was
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unanimously oarried, Aldermen Jo:tJ~sor~, HOb.Rl:~, j,;:j3I:IDER,
and~ voting AYE; end no one voting IW.
The ordinance was read a third time, and
Alderman ~~ and seconded by
the ordinance be passed on its third and fin
uloved by
that
reading, which
mot ion lVas unanJ.L.lously carried, Alderulen JOru~SON, :aGhRJ..~, j,:;BHB2l it,
~. and ~ voting AYE; and no one voting NO.
Tl-SREUPOU the Hayor declared the ordinance finally passed.
The ordinance is as follows:
'tAN ORDINA:mE
OF THE CITY OCUNCIL OF ~~E 0ITY OF LA PORTE, ~~XA~,
L:.hKIl:G PRGVISION FOR 1m CJNS'i'RUC~ION OF S:3\T~H Ir."i-
Prt0VE~,iENtr;:) n~ ShID OI TY; PRuVli)IKG FOR TJG I;;,,5U..:mE
O~' ~15, 000.00 SEWER DllPROV'K...1:.:W1.' 4~ WARHAN rrs, SEHI33
uF 1943, OF SAID OITY', IN FAY~.&l:~T.Ti....,:alliRJR; PR:..JTlDING
:t'OR s:'IiE liEV'! .t~lID COLWC'i'Ha 0l'i' 'rAX:.2:~ Ol~ i.LL rl'AX.l-illL~
PROPERTY IH SAID C ITY ::JUl<~,IJ: CUNT IJX;I Pl1.Y ri'lIB IET,~llliST
ON SUCH 'l;iARR1~'JTS ium rrJ:~~ FRIKJIFAL Tl...ElBOF rlT L;~TUR-
ITY; RESERVINtT '.:HE HIGill TO !,J\.:~ PilYbEN'l' Ii~ ~lliOili
OR IN PART 0F SUCH IHJJEBT...!JDl:ESd CUT U:t" FUliIDS li'a(;,~.:
OT;iER LA1FUL SC; URC33; .him DECL1ill.I NG &': :&6RG:.::I'T JY" .
IT APPEARS AFFIl{i,!Ar.rI"f!~LY to the City Oounc i1 th at on or
about the 22nd day of Maroh , 1943, the City Council cons idered
and determined that it is necessary and to the best interest of the
Jity of La Porte and to its citizens and taxpay~rs that iL~rove-
raents should be constructed to the sewer system in said City, and
that it is advisable and. to the best interest 01' sc,id Oity to
make prevision for paying the expense thereof by the issuance of
interest be~rin,g time warrants, and directed tile. IVlayor tc :::ause
notice to be published to that etfect.
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IT 7JHTl::.h:a .A:;?~S .h?:rIn;.~~'.n:VELY that in conforr~i tJ' ":i th
such notioe to be publishod in tile
publ ished in
a newspaper of tieneral circulation
Porte which notice was published at
least tTIO weeks before April 19, 1943, the return date as set out
in such notice, a copy of which notice is as follows, to wit:
NOTICE TO 3I~ERS
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Sealed bids in triplicate, addressed to Fred R. Hu:r.'1'. I.:ayor,
will be received by the Mayor and the City Council, at the Oity
Hall in La Porte, Texas, until 8:00 P. I~~. central war t1me. April 19,
1943, for furnishing all labor, materials, tools and equipment nece-
ssary to construct and install certain improvements and additions
to the sewer system of the City of La Porte, ,consisting princi9ally
of the following items:- (1) Install complete approximately 2650
lineal feet of 81t asbestus-cement pipe pressure sewage line from
No.2 lift station to the treatloont plant; and (2) Install a sewate
pump and make certain piping and other changes at No. 2 lift station;
at which time and place the proposals will be publicly opened and
read aloud. Any bids recei ved after tbe time stated "ii 11 be r.eturned
unopened.
Atten tion is called to the fact that there must be oaid
on the project not less than the pervailing rates of wages in the
vicinity, \:hicll h;;.ve been determined by the City Council as the
follow 1ng:-
Classi fication
Rate' per diem Rate per nour
Overtime rate
'per hour
Carpenter
Electrician
Laborer, unskilled
Pipe Fitter
Pipe Layer, semi-skilled
Bulldozer operator
Trenching machine
operator
Truck driver
~11.00
13.00
4.00
12.00
6.00
10.00
12.00
4.80
~1.375
1. 625
.50
1.50
.75
1.25
1.50
.60
~2.0625
2.4375
.75
.2.25
1.125
1.875
2.25
.90
Copies of the plans, specifications, and other contract
documents are on file and may be obtained from the of rice of the
City ~ecretary, City hall, La Porte, Texas. Bidders must include
certified cbeckon a Texas baru< or an acceotable Bid Bond in the
amount of 5% of the bid, to be forfeited for failure to comply with
the statutory requirements with respect to en tering into contraot
and giving bond. Bids must conform to the specifications and ,':ill
not be returned. The Oity Council reserves the right to reject any
or all bids and ,to waive informalities. The City Council further
reserves the right to acoept or reject any i1teI.J. or items of any
bid, unless such bid is qualified by spec1fic limitation.
Partial payments w ill be made
Bnvelopes containing bids must be sealed, marked, and
addressed as follows:
Bid for City of La Port Sewer Improverrents
To be opened April 19, 1943, 8:00 P. I\~. (c. W. T.)
It is the intention of the 01 ty Counc il to make paYl..ent
for the hereinbefore described improvements and tbe contracts
therefor by the issuance of time warrants in the maximum amount
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of not exceeding ~18.000.00, bearing interest at the rate ot 4~
per annum, with maximum maturity date not later than 1961.
FRED R. RUFF
Mayor, C 1 t Y of La Por te, 'l'exas
~JD IT ~URTE~H APP~ill1S that on the 19th day of April, 1943,
the date provlded in said notice for recelving bids. this City
Council did receive and consider bids for the construct1on of a
portion of such sewer improvements in said City, and did award
contract to Brown & Root for furnishing all labor and equipment
and materials thereunto necessary and constructing certain sewer
improve~nts in said Oity according to plans and specifications
prepared therefor by C. L.. Kelly, Engineer. for the estimated
price of ~10,732.50, on wlit 9rice bUS1S.
In addition to.the foregoing, the City Council reserves tne
right and declares intention to purcnase materials and eqUipment
V/ (!..
and ~ake contracts not exceeding ~2,OOO.OO in anyone such con-
tract. and to employ labor for work to be done and paid for by the
day as such work progresses, and to employ the necessary professional
services in connection with such sewer improve~ents, without sub-
mission to competitive bids, and to pay therefor viith a portion
ot the hereinafter described time warrants.
IT FURT}~R APPEARS and this City Oouncil affirmatively so
finds and declares that no protest or other objection has been
filed with or presented to the City Secretary or the Mayor or this
OityCouncil by ten per cent in number of the qualified voter~ of
said City whose names appear on the last approved tax rolls as
property taxpayers, or by anjother nUJnber of the qualified vot ers
of said City, requesting a referendum vote or otherwise protesting
or objecting to the issuance of interest pearing time warrants in
payaent tor such sewer improvements.
T~~R~FORE. BE IT ORDAINED BY T~~ CITY CUID{CIL OF ~~~~ GI~Y
OF L.;' PO::tT3. Till)~;'S:
1.
That the Oity Council of the City of La Porte does hereby
rat ify the hereinbefore men tioned declaration of intention to make
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sewer improver:lents in the City of La Porte and to rmke pc;.Yi;lent
therefor by the issuance of interest bear ing ti ;j.e warrants, and
does hereby ratify the hereinbe1'o re loe ntioned not 1c e ";;hich has
been published w1th reference thereto; and does hereby ratify the
hereinbei'orl;:) describeci contruct Wl tl1 brown and Root for furnish-
ing all lllaterials and e\.....uifllllent and labor ther~unto nece$sary and
constructlng a portion of such improvements, and does hereby ratify
and reaffirm that it is the intention ot this City Council to 111ake
payment for the pur chase of ma ter.ials and equip.u1ent and the employ-
ment of labor and services thereunto necessary, ar~ for the employ-
ulen t of labor to be paid for by t;le da~' as such vltrk j,)rogresses, and
construct addit~onal improvements to said sewer system and to make
payment therefor by the issuance of a portion of the hereinafter
described ti~e warrants.
II.
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T:a.at to mate payment for the hereinbefore described con-
tract and for the purchase of materials and equipment and the
employment of labor thereunto necessary, and such contracts as may
be made therefor, and ent.;ineering services and such other services
as may be thereunto necessary, ~arrants of said City to be called
HCITY OF L.:'~ :?vrl:r~ ~&.{,~R Ij,:;'PRc..VBI:i.d~r~1 '':rlH~<';~HT;:;, S~HI~~ (;}' 1~'43ft, be
issued in the amount of ~15,000.JO, payable to bearer, evidencing
the indebtedness of said City for such sewer improvements.
III.
Such warrants shall be delivered to and accepted by the
respective claimants or their assigns in full paYlnent of indebted-
ness due such claimants by the City of La Porte for such contracts
and the purchase of materials and e~uipment and the employment of
labor and contra,cts therefoI' and for engineering services and legal
services and such other serVlces &6 may be rendered in the oon-
struction of such sewer improveillent~ in the City of La Porte after
claims therefor shall have been audited and approved and allowed
by the City Oouncil of said City~
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IV.
It is recognized that some of these claims will.be in odd
amounts and that it would be inconvenient to make these warrants in
such denominations as to permit payment to each claimant separately;
and accordingly it is contemplated that at least some of tlID claims
to be paid by these warrants ~ill be assigned to one or more per-
sons or companies or to a bank by the respective claimants, so that
payment can be made by the issuance of these warrants and at the
same time keep tile warrants 1n even 'nil,OOO.OO denomination. In
s~ch event, it is contemplated at least a swr~ry of such facts
will be stated in the respective follow-up orders approving the claims
and authorizing delivery of the warrants in payment therefor.
v.
Such warrants shall be dated May 10, 1943, and shall bear
interest at the rate of 4156 per annum, payable May 10, 1944 and
\/ semi-annually there:.lfter on l\fovember 10 and May 10 each year. They
shall be numbered consecutively from 1 to 15 inclusive, in denomi-
nation of ~l,OuO.OO each agBregating ~il5,000.00, and shall be made
to liB ture as follows, to-wi t:
~jm,U3ERS
MATURI TY DATES
AMOUNTS
1 - -May 10, 1944 - - - - - - ~l,OOO
2 - - - - - - '- - - -May 10, 1945 - - - - fl,OOO
3 - - - - - -1\':a y 10, 1946 - - - - - - ~1,000
4 - - - - - -May 10, 1947 - - - - ~l,OOO
5 - - - - - - - -May 10, 1948 - - . - - - - - :jpl,OOO
6 . - - - - - - - - -May 10, 1949 - - - - - - ~pl,OOO
7 - - - - x,lay 10, 1950 'lil,OOO
8 - - - - - - - - - -~'.~ay 10, 1951 ~l,OOO
9 - - - - - - - - - -Uay 10, 1952 - - - - - - ~il ,000
10- - - - - - - - - -May 10, 1953 - - - - il,OOO
11- - - - - - - -May 10, 1954 - - - - - - - - ,1,000
12- - - - .' - - -May 10, 1955 i1.000
13 - - - -- - - - - - - -May 10, 1956 - - - - - - ~l,OOO
14- - - . - - - - - - - -May 10, 1957 - - - - - - ~ 1,000
15- - - - - - - - - - - -!jiay 10, 1958 - - - - ~l,OOO
~15,000
The oi~y shall reserve the right to call these warrants
ei ther tor ::redemption or for refunding at any time on or after ten
years from their date. This optional provision shall apply only to
such of these warrants as are made to mature more than ten years
from their date.
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VI.
They shall be payable in lawful money of the United States
of' America upon presentation and surrender of warrant or proper
coupon at the First National Bank of La Porte,Texas.
Such warrants shall be signed by the l.;iayor, countersi.ened
by the City Secretary, and registered by the City Treasurer, and
the seal of said City shall be impressed upon each of them.. Tba
coupons attached to such warrants may be executed by the facsimile
signatures of' the Mayor and City Secretary.
VII.
Such warrants shall contain recitals and be substantially
in the followin6 form:
NO.
;;;1,000.00
UNITE:0 S'rA'rE~ OF ALillRICA
STATE OF TEXAS
v
CITY OF LA PORTE
OITY OF LA PORT;:!: SE,[.t5R It1PROVE:i.I8NT
VrARHANT, SERIES OF 1943
THE CITY OF LA PORT~, a municipal corporatiun, in Harris
County, Texas, duly incorporated under the general laws of the
State of Texas, for value received, ac~o~ledges itself indebted
and hereby promises. to pay to bearer, OIl the lOth day of 1.'1a oi, 19_,
the SUlll of
ONE TfiOUSAgn DOLLARS
in lawful money of the United States of Ar~rica, with interest
thereon from date hereof, at the rate ot 4~ per annum, payable
May 10, 1944 and semi-annually thereafter on November 10 and I\Iay 10
each year, which interest is. evidenced by coupons a ttac.i.led hereto.
?rinc~pal and interest are payable at The First National Bank of
La Porte, in La Porte, Texas, upon presentation and surrender of
warrant or proper coupons, and the City Treasurer is authorized,
ordered and uirected to pay to bearer the saia principal sum and
interest &S the same respectively mature. In the event the swn
or sums of money evidenced by this uarrant and/or the annexed
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coupons IDlall not be paid at ~aturitYt the ~ane shall thereafter
bear interest at the rate of 4~ per annum until 9aid.
T~1e City of ~a rorte reserves the riGht to call tlus warrant
ei ther for redemption or i'or refunding at any t iiae on or after ten
years fro~n its date, by paying par and accrued interest t and in the
event this v.arrant shall be called for payo.ent before maturity,
notice thereof shall be given in wri ting to the First Ne.tional Bank
of Ll:i.porte, at La Porte, Texas, at least thirty days before the
date fixed for its payu19nt, and, after such notice shall have been
given, if this warrant is not presented for ~)aYlI:ent, it 8hl;...11 cease
to bear interest from and after the date so fixed for it~ payment.
T~~IS '}AHHAKT is one of a series of fiteen ';7arrantl:;i of like
date ar~ tenor, except as to maturity, nwubered consecutively from
1 to 15 inclusive, in the denomination of Jl,OOO each, aggregating
.;15,000, issued for the purpose of evllAiencing the indebtedness of
se.id Ci ty for the construction of sewsxl inlpravements and pursuan t
to Wl orcdnance passed by the Oi ty Council of sa id City, which
ordinance is of record ill the i.:inutes of said COWlC 11.
Tne date of this warrant in conformity with the ordinance
above f~le n tioned is May 10, 1943.
A1~D IT IS HEREBY CERTIFIJD JUJn REOITED that all acts, con-
ditions and things required to be done' precedent to and in the
issuance of this warrant and ot this series of warrants, have been
properly done, have ~appened and been performed in reeular and due
time, form and manner, as required by law; and that the total in-
debtedness of said City, including this warrant and the entire
series of which it is one, does not exceed any constitutional or
statutory limitation, and that a sufficient tax to pay the principal
and interest of this warrant and the entire series of whic~ this is
one, has been levied tor said purpose and will continue to be
annually levied, assessed and collected while said warrants or any
of them are outstanding.
IN' TES'fI~'.im\fY .i.r.L3~OF, the City Council of tile City of'
La Porte DaS caused the seal of sa~d City to be affixed hereto and
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this warran t to be signed by the I,Layor and countersigned by the
City Secretary and the interest coupons hereto attache~ to be
executed by the facsimile signatures of the Bayor and the Oi ty
Secretary as of the lOth day of h~ay, 1943, and registered by the
Ci ty Treasurer.
~ayor, City of La Porte, Texas
00uNTER5IGl\BD:
City Secretary
RL!:G IS TERED th is
day 0 f
, 1943.
C1 ty Treasurer
VIII.
The form of interest coupon attached to each of sa id war-
V ran ts shall be substant ially as follows:
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ON ~{E 10TH DAY OF
, 19
The City of La Porte, Texas, will pay to bearer at the First National
Bank of La Porte, in La Porte, Texas, the sum of
DOLLARS
being
months' lnterest due that date on Oity of La Porte
Sewer Improvement ',:;arrant, Series of 1943, dated j,lay 10, 1943, No.
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Ci ty Seoretary
Mayor
IX.
Such warrants shall be executed and delivered as herein-
before provideq., in payment of claims for the purchase of f;.;aterials
and equipment and employment of labor and services in the construc-
tion of suoh s~wer im~rovements, only upon such claius being approved
by the City Oouncil, and upon further orders of this City Council.
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BE IT ~URTH$R ORDAllfED that to pay the interest on said
~arrants and create a sinking fund with which to pay the principal
as lt I~tures, a tax at a rate sufficient for said purpose is hereby
levied against all taxable property in said City for the year 1943
and for each succeeding year whole said warrants or any ot them
are outstanding;
And to pay the interest on said war~ants and to create a
sinking fund with which to pay the principal at maturity, such
tax of and at the rate of
,I$" cents on each one hurrlred dol-
lars valuation of taxable property in said City is hereby levied
v
for the year 1943, and the same, or so wuch thereof as ffi~ be
necessary, and as much more as may be necessary, is hereby levied
for each succeeding year while said warrants or any of them are
outstanding;
And there sball be c~lculatcd each year while mlY of said
warrants are outstanding and unpaid what rate of tax is necessary
to }rovi ae current interest and the required amount of the princi-
pal for such year, and a tax at such rate on each one hundred riol-
lars valuation of taxable ~operty in said City within the limits
permitted by the Constitution and Laws of Texas, shall be levied,
assessed and collected during each of said years, and said tax of
and at the rate so found to be necessary for each of such years is
hereby levied, and is ordered to be levied, assessed and collected
for such 9urpose.
XI.
BE IT FURTHER ORDAINED tl:Rt the City of La Porte reserves
the right to pay all or a portion of such warrants, interest and/or
principal, out of fUnds to be derived from other lawful sources,
and if and when such payment shall be made or adequately provided
for in whole or in part t then and in that event the hereinbefore
r.uentioned tax sllall be tilereby supex'seded and to tilat extent such
tax neea not be levied, assessed and collected for tne year and/or
years ana. to the extent for which such provisJ.on is Hlade for p~'-
ment out of funci.s froi~ other lawful sources.
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XII.
Tile fact tllat the sewer improvehlents ileI'ein pJ:'oviCi.ed for
are badly needeCi. and ti1.e further fact that thG Oi ty is rea~~' to
procee6. ti:erewl t~l lli thout Cia lay constitutes an emerGency and an
iI1lperatlve public necessity that the rule requiring ord1nanccls to
be passed at more than one ~~eting be suspended, and such rule is
hereby sUB;tended, and that tll~ :.rdinance tai;:e effect ar.ld ;Je in
force from and after its ~assaeo, an6 it is so ordained.
1"'AL3.d;D l:;':D Afr-Ru'r~JJ this /0 day of ' , H343.
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