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HomeMy WebLinkAboutO-1965-724 .' . '. ~ ., . . ORDINANCE NO. !l.d..1j I AN ORDINANCE ESTABLISHING A POLICY OF THE CITY OF LA PORTE TO PROHIBIT EXPENDITURES BY THE CITY FOR GOODS OR SERVICES FROM ANY PERSON" FIRM" OR CORPORATION OWING ANY DELINQUENT INDEBTEDNESS TO THE CITY OF LA PORTE; ,DEFINING TERMS; ESTABLISHING REGULATIONS CONCERNING BID PROPOSAL FORMS AND ASSIGNMENTS OF PROCEEDS OF CONTRACTS Br SUCH DEBTORS TO THE CITY; 'ESTABLISHING REGULATIONS FOR OFFICERS AND EMPLOYEES OF THE CITY; AND CONTAINING A REPEALING AND SAVING CLAUSE. WHEREAS" the City of La Porte" in the operation of its municipal facilities" must make expenditures for various goods and services; and WHEREAS" it has come to the attention of the City Commission of the City of La Porte that" from time to time" various persons, firms, or corporations which may seek to pro- vide such goods and services to the City of La Porte, may them- selves have delinquent indebtednesses owing to the City of La Porte; and WHEREAS" it is deemed by the City Commission of the City of La porte not to be in the best interest of the City of La Porte, that the City make expenditures for goods or services, from any person" firm, or corporation owing any delinquent indebtedness to the City of La Porte; NOW, THE~FORE" BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The City COnimission of the City of La Porte hereby determines and declares that it Shall hereafter be the policy of the City of La Porte, not to make any expenditure of any kind for goods or se~vices" for the City" from any person, firm, or corporation, owing any delinquent indebtedness to the City of La Porte. For the purposes of this ordinance" the term "goods or services" shall be, construed to mean goods, wares, merchandise, and services of every kind and nature which the City of La Porte may from time 'to time contract to be performed. .' '-..... . . -2- .' For the purposes of this ordinance, the term "delinquent indebtedness" shall mean any indebtedness due and owing to the City of La Porte, including, but not limited to, ad valorem taxes on real and person~l property, which property is in fact owned by and is legally subject to taxation, by any person, firm, or corporation, covered by the terms of this ordinance, whether or not the same may have been properly rendered to the Tax Assessor-Collector of the City of La Porte by any said person, firm, or corporationj said term shall also inclUde, but not be limited to, charges for penalties, interest, and costs on any such ad valorem taxesj charges for water, sewer, garbage, and . other services rendered or goods furnished by the City of La Porte, to any person, firm, or corporationj and any other manner of indebtedness to tne City of La Porte, now existing or which may hereafter be created, by any person, firm, or corporation. No such indebtedness shall be considered "delinquent" under the terms of this ordinance, until the time for its current . payment under the various ordinances of the City of La Porte, or the Statutes of the State of Texas, shall have expired, without payment in full having been made. Section 2. The City Clerk of the City of La Porte is hereby directed to cause all bid proposal forms which may here- after be used by the City of 'La Porte, to be amended, so as to include a written certification by any person, firm, or corpora- ...,-r tion, submitting a bid to the City of La Porte, for the furnishing of any manner of goods or services, to the effect that said person, firm or corporation ,owes no indebtedness to the City of La Porte, at the time of submitting said proposal, which indebtedness is delinquent, or, if such person, firm, or corporation is unable to make such certification, then, and in that event, such person, firm, or corporation may, at his or its option, in order to qualify as a bidder, include in said proposal a tender to assign ~ to the City of La Porte from the proceeds of any such contract, ,;'.- e .'. -e., . . -3- should he or it be the successful bidderJ an amount at least as great as the total sum of such delinquent indebtednessJ or the total proceeds of Such contract, whichever is the lesser amount. Section 3. No officer of employee of the City of La Porte shall contract for the, purchase of any goods or services for the City of La PorteJ from any personJ firmJ or corporationJ which said officer or employee of the City of La PorteJ knows or reasonably believesJ to owe any delinquent indebtedness to the City of La Porte. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Saving clause. If any section, paragraphJ clauseJ or sentence shall be declared void and uninforceable or unconstitutionalJ i~ is hereby declared to be the intention of the City Commission of the City of La Porte that the remainder of such Ordinance shall remain in full force and effect. Section 6. This ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the #~ day of t?~~~ J 1965. ATTEST: Cit;~k stil1~~ :~orte J Texas i __..J