HomeMy WebLinkAboutO-1962-653
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ORDINANCE I~O. 653
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AN ORDINANCE APPROVING CLAIMj AUTHORIZING DELIVERY OF
TIME WARRANTS AND AVAILABLE FUNDS TO PAY SUCH CLAIMj
AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, the City Commission of the City of La Porte,
Texas, adopted an ordinance on the 19th day of January, 1962,
awarding a contract to Couch Construction Company, Houston,
Texas, for the construction of certain extensions and improve-
ments to the sanitary sewer system of said City, and authorizing
the issuance of $50,000 CITY OF LA PORTE SEWER SYSTEM TIME
WARRANTS, SERIES 1962, dated January 15, 1962, in payment of the
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cost of such extensions and improvements, said warrants bearing
interest at the rate of 6% per annum, and maturing serially in
their numerical order as follows: $10,000 on July 15th in each
of the years 1965 to 1969, both inclusivej and
WHEREAS, said contract has now been satisfactorily and
entirely completed according to its terms, and the contractor has
submitted his claim in the contract price, to-wit: $41,624.00j
and
WHEREAS, the City Commission affirmatively finds and de-
4IJ clares that said contract has been duly and satisfactorily per-
formed in every respect, and that the City of La Porte has re-
ceived the full benefits arising therefromj and
WHEREAS, said claim has been assigned, without discount,
to Moroney, Beissner & Co., Inc., Houston, Texas, and said Com-
pany is now the legal owner and holder of said claimj and
WHEREAS, the City of La Porte, Texas, has received the
full benefits of the improvements, extensions, materials, equip-
ment, services, and considerations represented by said claim to
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the full extent of said claim, and to the full extent of the time
warrants and current funds of the City hereafter in this ordinance
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ORDIN~JCE NO. 653
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authorized to be delivered, and no person, corporation, or trust
estate has given notice in writing or otherwise to said City, or
to any official thereof, of any liens for any material, apparatus,
fixtures, machinery, or labor furnished to said claimant or in
connection with said claim, as provided by Chapter 17, Acts of
1925 (Article 5372-a, Vernon's Texas Civil Statutes), or any
other lawj and, further, the City of La Porte does not hold a
claim of any character which might be properly charged or inter-
posed as an offset or counterclaim to the payment of the afore-
said claimj Therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LA PORTE,:
Section 1: That the claim of Couch Construction Com-
,., pany in the amount of $41,624.00, which claim is more particu-
larly described in the preamble to this ordinance, be and the
same is hereby approved, and the City of La Porte, Texas, hereby
acknowledges receipt of the full benefits represented by said
claim to the full extent thereof and to the full extent of the
time warrants authorized hereafter in this ordinance, along with
current available funds of the City, to be delivered in payment
thereof, and hereby finds and declares that the contract repre-
sented by said Claim has been entirely and satisfactorily com-
pleted in accordance with the terms thereof, and that the City
of La Porte has received the full benefits under said contractj
and the City hereby"recognazes and approves the transfer and,
assignment of said claim to Moroney, Beissner & Co., Inc. Houston,
Texas, and recognizes and acknowledges and affirmatively finds
and declares that said Moroney, Beissner & Co., Inc., is now the
legal owner and holder of said claim.
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ORDINANCE NO. 653
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. Section 2: That it is hereby affirmatively found and
declared that the City of La Porte, Texas, has received the full
benefits of the improvements, materials, equipment, services,
and considerations of said claim and of the contract under which
said claim has been submitted.
Section 3: That in payment of said claim, there shall
be delivered and paid to Moroney, Beissner & Co., Inc., Houston, ~exas
the sum of $624.00 current available funds ,of "'the: City on 'hand
for that purpose; and that for the purpose of evidencing the in-
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debtedness of said City for the remainder of said claim, there
shall be executed and delivered to said Moroney, Beissner & Co.,
Inc., Warrants Nos. 1 to 41, both inclusive, aggregating $41,000.00,
of the CITY OF LA PORTE SEWER SYSTEM TIME WARRANTS, SERIES 1962,
dated January 15, 1962.
Section 4: That the warrant purpose now having been en-
tirely satisfied, Warrants Nos. 42 to 50, both inclusive, of said
Time Warrants shall never be executed or issued, and said Warrants
Nos. 42 to 50, both inclusive, shall be destroyed by the City
Clerk.
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Section 5: That this ordinance shall be effective upon
and after its adoption, AND IT IS SO ORDAINED.
16th
PASSED AND APPROVED this ~day of JUly, 1962.
?lj' If.
City Clerk
1n/h~J
. . !,~, ~:!...nn. City C~erk of Lhe City of La Porle, Te:..as, her..:!.}
f""- :'y :~n all r(lquirt'm;'ll'!1 of the Ci'y Char or 01 :he Ci y Ilf
, j.~I',:-: )v\\'~ b('('n compl:,!d with in I,he promulga'ion anG/or
, . J;'llC;: of this Ordinanc(\ (No.__....&:r~....__m..m...') as follows:
Hending (s) .).'!~n'rn.l.~...I..f!.,~ ...1!.kr.:..!?:.li.tg.lf.!."(~;r~.)..
(ht) ,..H,.
Publication (s) .~kr.nl?€.~ll.{'1~~)' .(f/.f:.~...&i.~.lI.!.~-f2~d)--
Provisions of Ordinance eHective ......J.!!...~nt:.....!l~.Jn?#...y.--... .
~' i (Date)
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Signed:
Clovis D. Mann
City Clerk
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(SEAL)
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