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HomeMy WebLinkAboutO-1953-457 ;- /._...~- , ....-. '. "..-~-, . ,.. ,,,,.-........ '~e .--..... :- ...... . ~ . - ORDINANCE NO. 457 WARRANT ORDINANCE THE STATE OF TEXAS I COUNTY OF HARRIS J The City Commission of the City of La Porte, Texas, met in session at the City Hall within said City re~ular on the 18th , day of ' DEnEMBER , 195 ~ , with the following members present, to-wit: M. D. Burgin Mayor Commissioner . Robert A. White L. R. Rigby J. E. Muldoon Commissioner City Clerk when the following business was transacted: The Mayor introduced an ordinance which was read in full. Commissioner Robert A. White moved that it be adopted as read. The motion was seconded by Commissioner L. R. Rigby and carried by the following vote: AYES: Mayor Burgin, Com- missioners White and Rigby. NOES: None. The ordinance thus adopted follows: 'I- AN ORDINANCE AUTHORIZING THE ISSUANCE OF $21,000.00 S'iRBET IMPROVEMENT'ltME WARRANTS, SERIES 1953" OF Tlm CITY OF LA POR'm" TEXAS; PRESCRIBING THE TERMS AND CONDITIONS' UPON WHICH SAID WARRANTS SHALL BE ISSUED; _ LEVYING TAXES TO PROVIDE PAYMENT THEREOF , ~ WHEREAS" it iS2cessary to make certain improvements in certain streets in the City which are in bad need of repairs; and WHEREAS, pursuant to notice given in the manner and time prescribed by law, the Cityof La Porte, Texas" received sealed ... ..-. bids on the 30th day of November" 1953" for furnishing all neces- sary materials, machinery, equipment, mperintendence and labor for , II !I . . . . .....-----....., '. .~-.... . ......--" . ~e e e making certain improvements to certain streets in the City of La Porte, Texas, to-wit: l. Street improvements, generally consisting of the shaping ad compaction of existing base material, the addition of base material as requiredj and the application of a two course inverted penetration asphalt wearing surface on approximately five miles of existing streetsj 2. Or in the alternative, street improvements, generally consisting of the shaping and compaction of existing base material, the addition of base material as re- quired; and the application of a two course in- verted penetration asphalt wearing surface on approximately five miles of existing streets, except those materials listed in the specifica- tions to be supplied by the City, and the bids received were referred to the City Engineer for tabulation and recommendationj and WHEREAS# the lowest and best bid, as recommended by the City Engineer, and as determined by this City Commission, was that of Balco, Incorporated, Pasadena, Texas, at a bid price of $19,085.00, for furnishing all necessary materials, machinery, equipment, superintendence and labor for making certain improve- ments to certain streets in the City of La Porte, Texas, to-wit: street improvements, generally consisting of the shaping and compaction of existing base material, the addition of base material as required; and the application of a two course inverted penetration asphalt wearing surface on approximately five miles of existing streets; and WHEREAS, it is necessary and desirable that the City enter into a contract in substantially the form attached as Exhibit A and made a part hereof as if fully written herein with A. B. Moore -- " Engineering Co., Consulting Eng.ineers, Pasadena# Texas, in he amount of $500.00 for the 'necessary consulting engineering expenses in,.c.~,z:mectlon with such improvements, and such contract does not and shall not include payment for any engineering services rendered by said engineers prior to the adoption of this ordinance; and ./.--.......... . .-- . f' - -- e . - I e e WHEREAS" it is necessary and desirable that the City enter into a contract in substantially the form attached hereto as Exhibit B and made a part hereof as if fully written herein with Vinson, Elkins" Weems & Searls, Attorneys, Houston, Texas" in 1he amount of $415.00 for the necessary legal expenses in connection with such improvements" and such contract does not and shall not include payment for any legal services rendered by said attorneys prior to the adoption of this ordinance; and WHEREAS" it ~s necessary and desirable that the City enter into a contract in substantially the form attached as Bxhibit C ~d' made a part hereo~ as if fully written herein with Southern Inspection~Service, Inc., Houston" Texas, in the amount of $1,000.00 for the necessary engineering testing and inspection services in connection with such improvements; and WHEREAS" it is desirable and necessary to issue the time warrants of said City to evidence the City's indebtedness for the cost of said improvements and to pay said necessary engineering, legal and professional expenses in connection with such improve- ments" all as provided in the Notice to Bidders; and WHEREAS" no petition of any kind whatsoever has been filed with any officer or agent of the City requesting a referendum on the question of issuing bonds for the purpose of paying forsuch improvements and no request for an election has been received, and no protest to the issuance of said time warrants has been p~esented" and it is" affirmatively tound and declared that this City Com- mission is now authorized to proceed with the construction ot said improvements and theissuance of said time warra~ts; Therefore BE IT ORDAINED by the City Commission of the Cityot La Porte, Texas: Section 1: That Balco Incorporated, Pas~na, Texas" is hereby declared to be the lowest and best bidder on the construction and ,i if , ...--~, .' ......._-......... :e .,._...... - ~-'- I) ., .1 . . completion of the improvements described in the preamble of this ordinance and the contract for such construction is hereby awarded to said Company, and the Mayor and City Clerk are hereby authorized to execute such contract for and on behalf of the City. Section 2: That A. B. Moore Engineering Co., Consulting Engineers are hereby awarded the engineering contract described in the preamble to this ordinance, and Vinson, Elkins, Weems & searls, Attorneys, Houston, Texas, are hereby awarded the legal contract described in the preamble of this ordinance, and Southern Inspection Service, Inc.) Houston, Texas, is hereby awarded the contract for the necessary engineering testing and inspection services in connection with said improvements, and the Mayor and City Clerk are hereby authorized ,to execute all such contracts for and on behalf of the City. Section 3: That for the purpose of evidencing the indebtedness of the City of La Porte for furnishing all necessary material, machinery, equipment, superintendence, and labor for making certain improvements to certain streets in the Ci W of La Porte, Texas, to-wit: street improvements, generally consisting of the shaping and compaction of existing base material, the addition of base material as required; and the application of a two course inverted penetration asphalt wearing surface on approximately five miles of existing streets, includtg all engineering and other professional expenses n~cessary and pertinent to said work, there shall be issued the time warrants of said City in the prinCipal sum of Twenty-One Thousand Dollars ($21,000.00), to be known as "CITY OF LA. PORTE .. . " . STREET IMPROVEMENT TIME WARRANTS" SERIES 1953", under and in strict conformity with the Con5titution and laws of the state of Texas, .. ......... particularly Chapter 163, Acts of the 42nd Legislature of Texas, Regular Session, 1931, as amended, and the Charter of said City. Section 4: That said warrants shall be dated December 15, 1953, - shall bear interest at the rate of 4-1/2% per annum, interest II :1 Ii . . ~ t'" t'. ~ .." .& I :,....' .,I{I' .," "j;.' r. .. ~....;.r#f.'" --. .. ~ . , . . ./ I. , , 'I' I I~ _...~.~ .. ' I ~ .... V~ '"'.....-~~... ... I," ..~ _ 18- S3 ) ,,-...- " ' r e payable December 15, 1954 and semi-annually thereafter on June 15th and December 15th of each year until paid. Said warrants shall be numbered consecutively from 1 to 42, both inclusive, shall be in the denomination of Five Hundred Dollars ($500.00) each, ag- gregating Twenty-One Thousand Dollars ($21,000.00), and shall mature on December 15th in each of the years and in the amounts shown on the following schedule, to-wit: Warrants Nos. Maturity Amount 1 - 4 Deoember 15, 1955 $2,000.00 - .--..., 5 - 10 II 15, 1956 ' 3,000.00 .' 11 - 18 11 15, 1957 4,000.00 19 - 26 II 15, 1958 4,000.00 27 - 34 II 15, 1959 4,000.00 35 - 42 II 15, 1960 4,000.00 Seotion 5: Said warrants shall be payable both as to principal and interest in lawful money of the United States of America at The First National Bank, La Porte, Texas. Said warrants shall be signed by the Mayor and oountersigned by the City Clerk and the seal of said City shall be impressed upon eaoh of them. Section 6: That said warrants shall be in substantially the fol- ~ ----...... ..:.. ;~~a, ~-" lowing form: NO. $500.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF' HARRIS CITY' OF LA PORTE STREET IMPROVEMENT TIME WARRANT, SERIES 1953 The City of La Porte, in the County of Harris, State of Texas, for value received, acknowledges itself indebted to and promises to pay to bearer the sum of "-.-,:::-,,, i. '-.; FIVE HUNDRED DOLLARS ($500.00~, in lawful money of the United States or America, on the 15th day of December, 19 , with interest thereon at the iiiiii ,.,.-- -. , ., ,1- . -....;~. -- e ...... ---I. . . .1 . -' rate of 4-1/2% per annum, interest payable December l5~ 1954 and semi-annually thereafter on June 15th and December 15th of each year until paid. Both principal and interest on this warrant are payable to the bearer at The First National Bank, La Porte, Texas~ and for the prompt payment of this warrant at maturity and interest thereon as it becomes due~ the full faith~ credit and resources of said City are hereby irrevocably pledged. This warrant is one of a series of twenty-one (21) serial warrants of like tenor and effect~ except as to number and maturity~ dated December l5~ 1953~ numbered from 1 to 42~ both inclusive~ in the denomination of Five Hundred Dollars ($500.00) . - . each~ aggregating Twenty One Thousand Dollars ($2l~000.OO) and is issued for the purpose of evidencing the indebtedness of the City of La Porte for furnishing all necessary materials, maChinery, equipment~ super1ntendence~ and labor ~or making certain improve- ments to certain streets in the City of La Porte, Texas, including all engineering and other professional expenses necessary and pertinent to said work, the benefits of which are hereby acknowledg d i to have been received by said City under and in strict conformity with the Constitution and laws of the state of Texas, including Chapter l63~ Acts of the 42nd Legislature of Texas~ Regular Session~ ., 1931~ as amended, the City Charter of said City~ and pursuant to an ordinance adopted by the City Commission of said City which is of record in the minutes of said City Commission. The date of this warrant~ in conformity with the ordinance above mentioned~ is December 15, 1953. . It is hereby certified~ recited and represented that the issuance of this warrant and the series of which it is a part is duly authorized by law; that all acts~ conditions and things required to be done precedent to and in the issuance of this series of warrants have been properly done and performed and have happened II II . . e, e _._~~ e ,-- e, . I r e e in regular and due time~ form and manner~ as required by law; that due provision has been made for the levying and collecting annually by taxation an amount sufficient to pay the interest on these warrants as it falls due and to provide a sinking fund for the final redemption of said warrants at maturity; that the issue of warrants, of which this is one~ together with all other indebtednes . of said City is within every debt and other limit prescribed by the Constitution and laws of the state of Texas. IN WITNESS WHEREOF, the City of La Porte~ Texas, acting , - , by and through the City Commission of said City, has caused the seal of said City to be affixed hereto and this warrant to be signed by the Mayor and countersigned by the City Clerk, as of the 15th dayof December, 1953. Texas Countersigned: City Clerk, City of La Porte, Texas /--......, . ......~, '. '- . . and tor the purpose of providing a fund for the payment of principal andinterest on said warrants as they respectively be- come due and payable~ there is hereby levied tor each ot the years while said warrants or any part ot the principal thereof or tnteres thereon remain outstanding and unpaid~ a continuing direct annual ad valorem tax upon all taxable property within said City sufficien therefor (due allowance being made for delinquencies and costs of collection), and said taxes, when collected~ shall be applied to the payment of principal and interest on said warrants, and to no other purpose. Section 8: None of the warrants hereinabove authorized shall be delivered to the contractor or person entitled to receive the same until further authorized by this City ~ommlsslon. PASSED and APPROVED this 18th day of DIDEMBER , 1953. y;P!4 4. '. Mayor, i y of La. ~exas Porte, Texas .."~ ~- (SEAL) , J ........, /! ;?/ ." --.... e . .,j ,";- ..: ......... , "! ~"". '. -...... ,~. - .' ,~-" . /---...... e .~ ---... . e ,.- .......... . e . EXHIBIT A THE STATE OF TEXAS I COUNTY OF HARRIS I THIS AGREEMENT entered into December ) ff f:t, 1953, and ~ executed in duplicate originals by and between the CITY OF LA PORTE, TEXAS, being hereinafter called "City", acting by and , . . through its duly,authorized Mayor and City Clerk, and A. B. MOORE ENGINEERING CO., .Pasadena, Texas, hereinafter called "Consulting Engineer", . WITNESSETH: ----------- In connection withthe street improvements for said City referred to in the Notice to Bidders and Notice of Intention to Issue Time Warrants authorized by Ordinance ot the City Commission of the City of La Porte, Texas, adopted November 11, 1953, to which Notice reference is hereby made for all particulars, Consulting Engineer agrees to ~ish general supervision of said construction of said improvements, including line and grade surveys, and preparation of estimates for contractor's payments in accordance with the procedure as outlined by the Texas Society of Professional Engineers in "Schedule of Minimum Engineering Fees and Salaries", payable . . in accordan~ with the contractor's estimates as approved by the City, and the City agrees to pay Consulting Engineer there- for, in cash, or, at the option of the City in its legally issued time warrants, a fee of 2-1/2% of the net costs of said construction; prOVided however, that in no event shall the amount to be paid to Consulting Engineer under the terms of this agreement exceed the sum of $500.00. ,..----... -'" ~. . . ....---....., e .- .---~.... . ..---. .' ...~. ... . . The Consulting Engineer is to carry liability and Workmen's Compensation insurance with sufficient limits to protect the City while the work is being performed and to furnish the City with a certificate of insurance prior to the time the work begins. This agreement does not and shall not include any engineering services rendered by Engineers for City prior to the date hereof. CITY OF LA PORTE, TEXAS By.~{d~1 Mayor " ATTEST: ~ ;!: . . , /- CIV.~ (SEAL) "1" A. B. MOORE ENGINEERING CO. BY. . a4~ er . ." e . /~, '- ~. EXHIBIT B THE STATE OF TEXAS COUNTY OF HARRIS I I THIS AGREEMENT entered into December 11ft, 1953, . and executed in duplicate originals by and between the CITY OF LA. PORTE" TEXAS, being hereinafter referred to as "City", acting by and through its duly authorized Mayor and City Clerk, and VINSON" ELKINS" WEEMS & SEARLS, Attorneys of Houston" Texas, being hereinafter called "Attorneys", .----.,. Wl!N!~~!!H.!. .. In connection withthe street improvements referred to in the Notice to Bidders and Notice~ Intention to Issue . Time Warrants authorized by ordinance of the City Commission of the City of La Porte, Texas, adopted November II, 1953, to which Notice reference is hereby made for all particulars, Attorneys agree to prepare all necessary resolutions, ordinances and other instruments necessary to the issuance of said City's $21,,000.00 Street Improvement Time Warrants, Series 1953, and the City agrees to cooperate in passing and adopting all such resolutions, ordinances and other instruments and further agrees to pay attorneys the am of $415.00 in cash, or, at the option of the City, in its legally issued time warrants. This agreement does not and shall not include payment for any legal services rendered prior to the date hereof. .-.--.. CITY OF LA. PORTE" .-. /J ,,1. "j /... 1'-"' I By' ' .....: j ,.' '.. " Mayor ", ~~ "-' .~ ~ : ~ ..:"," "'" :~. .' .,. (SEA;t )-;.. :/~( ~-, - e t.1P'''. ::~ON~IB ~ Partner ..........---.........., : ;;.. .., I.~;,~ "l . ,. . e .~--.., . EXHIBIT C THE STATE OF TEXAS COUNTY OF HARRIS I I THIS AGREEMENT entered into December / It~, 1953, , - , ' and executed in duplicate originals by and between the CITY OF LA PORTE, TEXAS, being hereinafter referred to as "City", -: ... , ' . acting by and through its duly authorized Mayor and City Clerk, and Southern Inspection Service, Inc., Testing and Inspection Engineers, Houston, I~xas, being hereinafter called ItEngineers", ."",'--~-- .. WITNESSETH: ----------- . ' In connection with the street improvements referred to in the Notice to Bidders and Notice of Intention to Issue Time Warrants authorized by ordinance of the City Commission of the City of La Porte, Texas, adopted November 11, 1953, to which Notice reference is hereby made for all particulars, Engineers agree to furnish the following engineering testing and inspection services, to-wit: the making of density tests (one per each two hundred lineal feet) at the rate of $6.00 per test, and the making of analyses of asphalt at the rate tt of $35.00 per sample (all required field and laboratory equipment in conection therewith to be furnished by Engineers at the job site), and City agrees to pay Engineers for such engineering services at such prices hereinabove set forth in cash, or, at the option of the City, in its 'legally issued time warrants; prOVided, however, that in no event shall the amount to be paid Engineers uner the terms of this agreement exceed the sum of $1,000.,00. .......- " e ,. "7 a: r - .... '-;: . . '~" e This agreement doesnot and shall not include any engineering services rendered by Engineers for City prior to the date hereof. ,CITY OF IA PORTE# TEXAS By: ~, gZ-L~l-~~' , Mayor --Y IT" ,.7. ~ ., _ "" ,}' .:, City Cle~ .- -., ',: ;........"l (SEAL)" _ !;,;f' .", \ , " .: ~ ; .'. -' ~ ~ ~ . .... ';. - !...... ;. ~-~ <, SOll'rllEllN INSPECTION SER~C' ~ ~.f)&~ i President ATTEST: ~f2?J/(j>,.~4./ ' ecretary , ~ /. ;; ~. (SEAL) :-; ,,. , ~. .~~ ;- .;:.... .t ..---- '." . , ~."'" ..----.. -~.