HomeMy WebLinkAboutOrdinance No. 246 . �° '� • .
NO.
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AN ORDILVA,NCE A.PPROVING CLAIM AND A.UTHORIZING DELIVERY
OF CERTIFICATES OF OBLIGATION
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THE STATE OF TEXAS �
COUNTY OF GA.LVESTON �
CITY OF FRIENDSWOOD �
WHEREA.S, the City Council of the CITY OF FRIENDSWOOD,
TEXA.S (the "City"), by ordinance adopted July 7, 1975, found it was
advisable for the City to issue its Certificates of Obli.gation for the
purpose of evidencing the indebtedness of the City for all or any part
of the purchase price of machinery for the City, to-wit: a ditching
machine to be used by the City for constructi.ng, improving, and mai.n-
taining its drai.nage facilities and other public facilities; and
WHEREAS, the City Council has heretofore given due and proper
notice to bidders of the tixne and place when and where such bids would
be opened and a contract for the purchase of such machinery would be
let; and
WHERE.A�S, the City Council awarded a contract to CASE POWER
A,ND EQUIPMENT COMPA,NY of Houston, Texas (the "Contractor"), for
said machinery in the amount of $52, 154.00 as the lowest and best bid
for such machinery; and
WHEREA.S, the Contractor, as shown by its cla9m, which, with
an assignment by the Contractor and approval by the City Manager, is
attached hereto as E�zibit "A." and hereby made a part hereof as i.f
fully written herein, has submitted said claim for the purchase price
of such machinery; and
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WHEREA.S, the City has received such machinery represented
by said claim to the full extent thereof and to the full extent of the Certi-
ficates of Obligation hereinafter authorized to be delivered; and
WHER.EAS, the City does not hold a claim of any kind or character
which might be properly charged or interposed as an offset or counterclaim
to the payment of the aforesaid claim; and
WHEREAS, the City Council of the City wishes to approve said
claim and authorize the payment thereof by the issuance and delivery of
sa.id Certificates of Obligation in the principal amount of $52,000 and by
the payxnent of $154 in cash from the general funds of the City, all as shown
on said Exhibit "A"; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDS-
WOOD, STATE OF TEXAS:
Section 1. The matters and facts contained in the preamble of
this ordi.nance are hereby found and declaxed to be true and correct.
Section 2. The claim described in the preamble of this ordinance
and fully set forth in Exhibit "A" mentioned in the preamble shall be, and
the same is hereby, approved and allowed, and the City hereby aclinowledges
receipt of the machinery represented by said claixn to the full extent thereof
and to the full extent of the Certi.ficates of Obligation herein authorized to
be delivered and the cash herei.n authorized to be paid.
Section 3. There is now due and owing to the Contractor the sum
of $52, 154. 00.
Section 4. There shall be delivered to the Contractor, Case Power
and Equipment Company, Certificates of Oboigation numbers 1 through 11.
Section 5. The sum of $154 sha11 be paid to the Contractor i.n cash
from the general funds of the City.
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Section 6. The Mayor and City Secretary and all other officials
of the City are hereby authorized and directed to deliver the said Certifi-
cates and cash described in the preceding paragraph and to do any and all
things necessary or convenient to carry out the terms of this ordinance.
PA,SSED AND APPROVED this 7th day of July, 1975.
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M ayor
A.TTEST:
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-,� �'.�z�E-�-,
City Secretary
A,PPROVED A,S TO FORM:
City A.ttorney
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