HomeMy WebLinkAbout1947-0108 - Ordinance - 11/19/1947ORDINANCE NO. 108
AN ORDINANCE RATIFYING AND CONFIRMING CONTRACT FOR THE CONSTRUCTION OF A COMBINED
CITY OFFICE AND WAREHOUSE FOR SAID CITY, AUTHORIZING THE ISSUANCE OF WARRANTS IN
THE AGGREGATE AMOUNT OF $20,978.60 IN PAYMENT OF THE CONTRACT PRICE, LEVYING A TAX
TO PAY THE INTEREST ON SAID WARRANTS AND THE PRINCIPAL THEREOF AT MATURITY; AND
DECLARING AN EMERGENCY.
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WHEREAS, the City Counoil has heretofore determined the advisability and
necessity of constructing a combined city office and warehouse for the City of
College Station, and that such work be financed by the issuance of interest bearing
time warrants, payable from an ad valorem tax upon all taxable property in said
City; and
WHREAS, in compliance with the provisions of Chapter 163, Acts of the
Regular Session of the Forty-second Legislature, 1931, notice to bidders, which
notice contained notice of the intention of the City Council to authorize the issuance
of warrants in payment of the contract price, was published in a newspaper of
general circulation published in the City of College Station, Texas, for the time
and in the manner prescribed by law; and
WHEREAS, on the 12th day of November, 1947, the City Council of the City of
College Station received and canvassed bids for said improvements; and
WHEREAS, the City Council hereby affirmatively finds and declares that no
petition has been filed with the City Council to submit to a referendum vote the
question as to the issuance of bonds for such purpose; and
WHEREAS, it has been determined that the bid of C. L. Andrew's was the lowest
and best bid received for the construction of a combined city office and warehouse
for said City; and
WHEREAS, the City Council does here and now award the contract for said
work to C. L. Andrews, and does ratify and approve the following contract:
State of Texas
County of Brazos
THIS AGREEMENT, made and entered into this 13th day of November A. D. 1947,
by and between the City of College Station, Texas of the County of Brazos and State
of Texas, acting through Ernest Langford, Mayor thereunto duly authorized so to do,
Party of the First Part, hereinafter termed OWNER, and C. L. Andrews, Contractor
of the City of Bryan, Texas, County of Brazos and State of Texas, Party of the
Second Part, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the Party of the First Part
(OWNER), and under the conditions expressed in the bond bearing even date herewith,
the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party
of the First Part (OWNER) to commence and complete the construction of certain
improvements described as follows: construction of City office and warehouse in
accordance with these plans and specifications for a contract price of twenty
thousand nine hundred seventy-eight and 60/100 dollars, and all extra work in
connection therewith, under the terms as stated in the General Conditions of the
Agreement; and at his (or their) own proper cost and expense to furnish all the
materials, supplies, machinery, equipment, tools, superintendence, labor, insurance,
and other accessories and services necessary to complete the said construction,
in accordance with the conditions and prices stated in the Proposal attached hereto,
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and in accordance with all the General Conditions of the Agreement, and in accordance
with the Plans, which includes all maps, plats, blue prints and other drawings and
printed or written explanatory matter thereof, and the Specifications therefor, as
prepared by Francis A. Vaughn herein entitled the ENGINEER, each of which has been
identified by the endorsement of the CONTRACTOR and the ENGINEER thereon, together
with the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and
the Construction Bond hereto attached; all of which are made a part hereof and
collectively evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten (10) days after the
date written notice to do so shall have been given to him, and to substantially
complete same within 40 working days after the date of the written notice to
commence work.
The OWNER agrees to pay the CONTRACTOR in interest bearing time warrants
for the performance of the contract in accordance with the Proposal submitted
therefor, subject to additions and deductions, as provided in the General Conditions
of the Agreement, and to make payments on account thereof as provided therein.
IN WITNESS THEREOF, The parties to these presents have executed this Agreement
in the year and day first above written.
S/ Ernest Langford
Mayor, City of College Station,
Texas
Party of the First Part (Owner)
S/ C. L. Andrews, Contractor
Party of the Second Part (Contractor)
THEREFORE, BE IT ORDAINED BY TI -IE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
Section 1. That said contract herein set out, entered into by and between
the City of College Station, Texas, and C. L. Andrews, on the 13th day of November,
1947, be, and the same is hereby in all things ratified and confirmed as the act
and contract of the City of College Station, Texas, and the contract price therein
agreed upon is hereby declared to be the lawful debt of said City.
Section 2. That to evidence said indebtedness there shall be issued, under
and by virtue of the Constitution and Laws of the State of Texas, CITY OF COLLEGE
STATION PUBLIC BUILDING WARRANTS, in the sum of Twenty -Thousand Nine Hundred and
Seventy-eight and 60/100 ($20,978.60) Dollars.
Section 3. That said warrants shall be dated November 15, 1947, and shall
be numbered consecutively from 1 to 28, inclusive, in the denomination of Seven
Hundred and Fifty ($750.00) Dollars each, except Tarrant No. 1 in the denomination
of Seven Hundred and Twenty-eight and 60/100 ($728.60) Dollars, and shall become
due and payable as follows:
0 021 58
WARRANT NUMBERS MATURITY DATES AMOUNTS
1 May 15, 1948 $728.60
2 November 15, 1948 750.00
3 May 15, 1949 750.00
4 November 15, 1949 750.00
5 May 15, 1950 750.00
6 November 15, 1950 750.00
7 May 15, 1951 750.00
8 November 15, 1951 750.00
9 May 15, 1952 750.00
10 November 15, 1952 750.00
11 May 15, 1953 750.00
12 November 15, 1953 750.00
13 May 15, 1954 750.00
14 November 15, 1954 750.00
15 May 15, 1955 750.00
16 November 15, 1955 750.00
17 May 15, 1956 750.00
18 November 15, 1956 750.00
19 May 15, 1957 750.00
20 November 15, 1957 750.00
21 May 15, 1958 750.00
22 November 15, 1958 750.00
23 May 15, 1959 750.00
24 November 15, 1959 750.00
25 May 15, 1960 750.00
26 November 15, 1960 750.00
27 May 15, 1961 750.00
28 November 15, 1961 750.00
Section 4. Said warrants shall bear interest at the rate of three (3%) per
cent per annum from date, interest payable on May 15, 1948 and semi-annually
thereafter on November 15 and May 15 in each year; both principal and interest of
said warrants shall be payable at the College Station State Bank, College Station,
Texas, upon presentation and surrender of warrant or proper coupon.
Section 5. The form of said warrants shall be substantially as follows:
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No.
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF BRAZOS
CITY OF COLLEGE STATION PUBLIC BUILDING WARRANT
THIS IS TO CERTIFY that the City of College Station, a municipal corporation,
in the County of Brazos, State of Texas, under and by virtue of a valid and sub-
sisting contract, is justly indebted to C. L. Andrews, his assigns or bearer, in
the principal sum of
Dollars
($ ), in lawful money of the United States of America, together with
interest thereon from date hereof at the rate of three (3%) per cent per annum,
payable May 15, 1948 and semiannually thereafter on November 15th and May 15th in
each year; both principal and interest payable upon presentation and surrender of
warrant or proper coupon, at the College Station State Bank, College Station,
Texas, and the City Treasurer is hereby authorized, ordered and directed to pay
to said C. L. Andrews, his assigns or bearer, the said sum of
($ ) Dollars, on the 15th day of , 19 the date of
maTarity of this warrant, in full_ settlement of the indebtedness h reby evidenced,
out of and from the special "Public Building Warrants Fund," of said City levied,
assessed and created for that purpose.
This warrant is ono of a series of 28 warrants, numbered consecutively from
1 to 28, inclusive, in denomination of Seven Hundred and Fifty ($750.00) Dollars
each, except Warrant No. 1 for Seven Hundred and Twenty-eight and 60 100 ($728.60)
Dollars, aggregating Twenty Thousand Nine Hundred and Seventy-eight and 60/100
($20,978.60) Dollars, issued for the purpose of evidencing the indebtedness of the
City of College Station for the contract price for the construction of a combined
city office and warehouse for said City, in accordanoe with contract between said
City and C. L. Andrews, Contractor, under and by virtue of the Constitution and
laws of the State of Texas, and in pursuance of an ordinance passed by the City
Council of the City of College Station, which ordinance is of record in the Iulinutes
of said City Council.
The date of this warrant, in conformity with said ordinance, is the 15th
day of November, 1947.
AND IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required to be done precedent to and in the issuance of this warrant, have been
properly done, have happened and been performed, in regular and due time, form
and manner, as required by law, and that the total indebtedness of said City,
including this warrant, does not exceed any constitutional or statutory limitation.
IN TESTIMONY WHEREOF, the City of College Station, Texas, has caused the
seal of said City to be affixed hereto, and this warrant to be signed by its Mayor,
countersigned by its City Secretary, and registered by its City Treasurer, as of
the date last above written.
COUNTERSIGNED:
REGISTERED:
Zayor, a y of ollege S ation, 'razz
—
City Secretary, City of College Station,
Texas.
City Treasurer, City of College Stair.
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Texas. 00
The form of interest coupon shall be substantially as follows:
No.
ON THE 15TH DAY OF
19 ,
THE CITY OF COLLEGE STATION, TEXAS, will be justly indebted to C. L. Andrews, his
assigns or bearer, in the sum of ($ ) Dollars, and the City
Treasurer is hereby authorized, ordered and directed to pay to said C. L. Andrews,
his assigns or bearer, on said date, at the College Station State Bank, College
Station, Texas, out of and from the special "Public Building Warrants Fund," of
said City, said amount, the same being six months' interest on CITY OF COLLEGE
STATION PUBLIC BUILDING WARRANT NO. , dated November 15, 1947, to which this
coupon is attached and is a part the -MT.
Mayor
oftSecretary
Section 6. The following assignment many be printed on the back of each of
said warrants:
ASSIGNDEENT
FOR VALUE RECEIVED, C. L. Andrews, Contractor, hereby transfers, sells and
delivers the within warrant to bearer without recourse, and the bearer hereof is
hereby subrogated to all claims, liens, rights and title, both at law and in
equity, which are or may be secured to said C. L. Andrews by said warrant and the
contract by authority of which the same was issued, and the bearer hereof is
authorized to oolleot the same and to give full receipt and acquittance therefor.
CONTRACTOR
Section 7. Said warrants shall be signed by the Mayor, countersigned by the
City Secretary and registered by the City Treasurer, and the oorporate seal of
said Citr shall be affixed to each of said warrants. The coupons attached to said
warrants may be executed by the facsimile signatures of the Mayor and City Secretary.
Section 8. Said warrants shall be delivered to said Contractor on estimates
as the work progresses, which estimates shall be duly audited and allowed prior to
the delivery of said warrants in payment of same; said C. L. Andrews to accept said
warrants in full satisfaction of the indebtedness due as shown by such estimates.
Section 9. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION that a special fund, to be designated "PUBLIC BUILDING WARRANTS FUND," be
and the same is hereby made, created and set aside, which shall be used to pay the
interest on said warrants and the principal thereof at maturity, and for no other
purpose.
That to create said fund to pay the interest on said warrants and create a
sinking fund sufficient to pay the principal thereof as the same becomes due, there
is hereby levied for the year 1948, and for each succeeding year thereafter while
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said warrants, or any of them, aro outstanding, a tax of and at the rate of eleven
Cents, or so much thereof, or such greater rate as may be necessary, on each $100
valuation of taxable property in the City of College Station, and said tax shall
be annually assessed and collected and applied to the purposes named.
Section 10. That the sum of $1,043.60 be, and the same is hereby appropriated
and set aside out of any available funds to pay the principal and interest on said
warrants which wi11 become due and payable on May 15, 1948.
Section 11. The fact that the City of College Station is badly in need of
the improvements herein contemplated, and such improvements are necessary to the
general welfare of said City and of its citizens, creates an emergency and an
imperative public necessity that the rule requiring ordinances to be read at more
than one meeting of the City Council be suspended, and that this ordinance be
passed as, and take effect as, an emergency measure, and shall be in full force
and effect immediately from and after its passage.
PASSED AND ADOPTED THIS 19th day of November, 1947.
ATTEST:
Mayor, City of ollege Stexas.
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