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Ord. 0105 1964-12-21ORDINANCE AUTHORIZING CHANGE ORDER NO. THE STATE OF TEXAS COUNTY OF BRAZORIA ws-I Special 7�#a-19, ,.3/ IC; The City Council of Pearland, Texas, convened in 21st session at the City Hall in the City of Pearland, Texas, on the day of December, 19 64 , with the following members present, to -wit: John G. Kegley Mayor Teedtem Gene Sanders Alderman S. A. Shukanes Alderman Tom Alexander Alderman Victor Nolen Alderman I W. A. McClellan City Secretary and the following members absent, to -wit: ,.� d e . ���� , when the following business was transacted: Alderman y��2�u,c. introduced an ordinance, and made a motion that such ordinance be adopted. The motion for adoption was seconded by Alder- man (24,44„./6.1.-----" . The motion, carrying with it the adoption of the ordinance, prevailed by the following vote: AYES: Alderman Sanders, Shukanes, Alexander, And Nolen NOES: None The Mayor forermAeurthereupon announced that the ordinance had been duly adopted. The ordinance thus adopted follows: 1 b5- ORDINANCE AUTHORIZING CHANGE ORDER NO. W8 1 WHEREAS, on the 18th day of June, 1964, the City Council of the City of Pearland Texas, adopted an ordinance authorizing the issuance of $110,000 City of Pearland Waterworks System Time Warrants, Series 1964, for the purpose of evidencing the indebtedness of the City of Pearland, Texas, for all or any part of the cost of constructing permanent improvements, addi- tions and extensions to the City of Pearland, Texas, Waterworks System, in- cluding personal and professional services to be rendered in connection there- with and other incidental expenses in connection therewith; and WHEREAS, after giving notice as required by law, the City Council received bids on the 18th day of June, 1964, for furnishing all materials, supplies, labor, machinery, equipment, tools and superintendence for the con- struction of permanent waterworks system improvements for said City, and on the 18th day of June, 1964, adopted an ordinance accepting the bids,as follows: 1) For construction of water well - Layne- Texas Company, Inc., Houston, Texas; 2) For construction of the water storage tank - Chicago Bridge and Iron Company, Houston, Texas; 3) For construction of water treatment plant - George C. Cox, Inc., Houston, Texas; 4) For construction of the water distribution system - Mora Con- struction Company, Friendswood, Texas; and awarding the contracts for the construction of said improvements, additions and extensions to said Contractors, and said City and said Contractors there- after entered into said Contracts on June 18, 1964; and WHEREAS, the performance of said contracts has been commenced, and the City's Engineer has recommended that certain changes be made in the work covered by said contracts, which changes will result in and be a benefit to the City, and that a change order, as hereinafter set forth, be issued, and the Contractor has agreed to the same; and WHEREAS, it is provided in Section 2a of Article 2368a, Vernon's Texas Civil Statutes, as amended, that in the event it becomes necessary to make changes in the plans or specifications after the performance of a con- tract has been commenced, or if it becomes necessary to decrease or increase the quantity of work to be performed or materials, equipment or supplies to be furnished, the City Council shall be authorized to approve such change orders effecting such changes; and WHEREAS, it is provided in said Section 2a that the total contract price shall not be increased thereby unless due provision has been made to provide for the payment of such added cost; and WHEREAS, due provision has been and is hereby made to pay for such added cost by the authorization of $110,000 of said Series 1964 Time Warrants which are more than sufficient to pay the original contract price and such added cost; and WHEREAS, the City Council hereby affirmatively finds and declares that the changes hereafter set forth in this order are necessary to be made; Therefore BE IT ORDERED, ADJUDGED AND DECREED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1: That the Change Order hereinafter numbered and mentioned is hereby in all things authorized and approved, and the Mayor and City Secre- tary are hereby authorized and directed to execute said Change Order and to do any and all things necessary and/or convenient to carry out the terms of this order. Section 2: That Change Order No. to the contract, Mors Construction CitaSpay dated June 18, 1964, of , is hereby authorized to be issued in substantially the following form, to -wit: CHANGE ORDER NO. WS-1 (late) FROM: City Council of the City of Pearland, Texas T0: Mora Construction C:nmpmy SUBJECT: Contract dated June 18, 1964 Your contract with the City of Pearland, Texas, dated June 18, 1964, is hereby changed as follows: Increase in Description Contract Price 1) 27' 10" A. C. Pipe @ 3. 57 $ 96. 39 2) 133' 8" A. C. Pipe @ 2.47 328.51 3) 4- 8x8x6 Tee @ 73.27 293.08 4) 1 Fire Hydrant @ 192.50 192.50 5) 6" F. H. Leads 49' @3. 00 $147. 00 $1, 057. 48 Less: Decrease 1-8" Tapped plug 15.52 Contract price as thus increased: Contract, dated June 18, 1964 Net increase under this Change Order Total Contract Price ATTEST: CITY By or $21, 802. 02 1,041.96 $22, 843. 98 TEXAS ACCEPTED, this the 2lst day of December , 19 64 Mora Con tion Co. ATTEST: Secretary (CORPORATE SEAL) APPROVED, this the day of 19 Engineer PASSED AND APPROVED, this the 21st ATTEST: S reta`Yfyy (SEAL) THE STATE OF TEXAS COUNTY OF BRAZORIA § day of December , 19 64 I, the undersigned, City Secretary of the City of Pearland, Texas, do hereby certify that the attached and foregoing is a true and correct copy of an ordinance adopted at a meeting held on the 21st day of December , 19 64 together with an excerpt from the minutes of said meeting showing the adoption thereof, as the same appears in the official minutes of said City on file in my office. WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY, this the 21st day of December , 19 64. (SEAT,) City Secretary, City of Pearland, Texas AN ORli/NANC2 AUTHORIZING THEIS8UANO2 O1 $800,000 WATERWORKS AND SANITARY SEWER SYSTEM IMPROVEMENT BONDS,.SERIES 1964; PRESCRIBING THE TERMS AND PROVISIONS THEREOF; LEVYING TAXES TO PAY THE 'INTEREST ON AND PRINCIPAL OF SUCH BONDS; AWARDING :THE SALE THEREOF; CONTAINING OTHER 'PROVISIONS "RELATING TO THE SUBJECT; AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION THE STATE "OF TEXAS . § COUNTY OF BRAZORIA The City Council of the. City of'Pearland, Texas, convened in special session at the regular meeting place within said City on the 3rd day of December, 1964, with the. following members present, to -wit: - John G. Kegley ,:.Mayor Thomas P. Alexander Alderman Victor A. Nolen Alderman Steve A. Shukanes Alderman Gene E..Sanders Alderman Jack Harrison City Attorney W. A. McClellan Secretary and Tax Assessor -Collector and the following members absent, to-wit:00; a0L when.the.following business was transacted: The Mayor introduced an ordinance which.was read in•full. Alderman j,) r,: ,.,made a motion that the ordinance be adopted as read. Aldermani 0.)t<y�� seconded the motion for adoption of the ordinance. The motion, carrying with it the adoption of the ordinance, prevailed by the following vote: AYES: Mayor Kegley, The Mayor.thetieupon announced that the motion had been duly and lawfully;carried.and that the ordinance had been duly.and lawfully adopted. The ordinance thus adopted follows: AN -ORDINANCE AUTHORIZING THE ISSUANCE OF $800,000,WATERWORKS AND SANITARY SEWER SYSTEM IMPROVEMENT'BONDS,.SERIES 1964; •PRESCRIBING THE TERMS AND PROVISIONS THEREOF; LEVYING TAXES TO PAY THE INTEREST `ON.AND PRINCIPAL OF SUCH BONDS; AWARDING THE SALE THEREOF; CONTAINING.OTHER PROVI-. SIONS RELATING TO THE SUBJECT; AND PROVID- •ING THAT THIS ORDINANCE SHALL.BE EFFECTIVE UPON AND AFTER ITS ADOPTION • :WHEREAS, at an election held in and throughout the City of Pearland.on July 11,.1964, more than a majority of the duly qualified resident electors of said City who owned taxable property within said City and who had duly rendered the same for taxation, voting at said election, voted in favor of the issuance of the bonds of said City in the principal amount of (a) $1,000,000 for the purpose of constructing permanent improvements, enlargements andextensions to the sanitary sewer system of said City, and (b) $500,000 for the purpose of constructing permanent improve- ments, enlargements,and extensions to the waterworks system of said City, and (c) $100,000.for public building purposes, to -wit: the construction and equipping:of a city hall, fire station, and police station building in and for said. City; and WHEREAS, said election was called and notice thereof was given and said election was held under and in strict conformity with law, and the City Council of said City has heretofore officially canvassed the returns of said election and has determined and WHEREAS, this City. Council nova deems it advisable to issue, sell.and deliver (a) $150,000 of the $500,000.waterworks system tax bonds and (b) $650,000 of the said $1,000,OOO.sanitary. .sewer system bonds authorized at said election of July.11, 1964, leaving the remaining $350,000. waterworks system tax bonds and .the remaining $350,000 sanitary sewer system tax bonds authorized at said.election of July-11, 1964, to be issued, sold and delivered at a .later date; Therefore BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1: AMOUNT, NAME, PURPOSE AND AUTHORIZATION .OF BONDS: That the serial coupon tax bonds of the City of Pearland, Texas, be issued in the principal sum of $800,000, to be known and designated as "CITY OF PEARLAND,-TEXAS, WATERWORKS AND SANITARY SEWER SYSTEM IMPROVEMENT BONDS, SERIES 1964", for the purpose of constructing permanent improvements, enlargements, and extensions to the waterworks and sanitary sewer systems of the City, under and by virtue of the Constitution and laws of the.State of Texas, particularly Chapters 1 and 7 of Title 22,.Revised Civil Statutes of. Texas, 1925, as amended, and pursuant to an election held in and throughout said City on July 11, 1964, at which election more than a majority of the duly qualified resident electors of said City who owned taxable property within said ,City and who had duly rendered the same for • taxation, voting at said election, voted in favor of the issuance of said bonds. Section.2: 2.01 - DATE, BOND NUMBERS, DENOMINATION AND MATURITIES: That said bonds shall be dated December 1,.1964, shall be numbered consecu- tively from.1 to 160, both inclusive, shall be in the denomination of $5,000 each, and shall become due and payableserially.in their numerical order on June 1st in each of the years 1971 to 1994, both inclusive, in the respective amounts .shown in the fol- lowing schedule, to -wit: Bonds Nos. Year of Amount (both incl.) Maturity Maturing 1 - 3 1971 $15,000 4 - 7 1972 20,000 8 - l0 1973 . 15,000 11 - 13 1974 15,000 14 - 16 1975 .15,000 17 - 20 . 1976 20,000 21 - 24 1977 20,000 25 - 28 1978 20,000 29 - 32 1979 20,000 33 - 4o 198o 40,000 41 - 47 1981 .35,000 48 - 54 1982 35,000 55 - 61 1983 .35,000 62 - 69 1984 , 40,000 7o - 75 1985 30,000 76- 81 1986 . . 30,000 82.- 88 1987 •35,000 89 - 97 1988 45,000 98 : - 107 1989 50,000 108.- 117. 1990 50,000 118 - 127 1991 . 50,000 128 - 138 1992 55,000 139 - 149 1993 55,000 15o - 160 1994 55,000 2.02 - OPTION OF PRIOR REDEMPTION: The, City;.expressly reserves the right to redeem Bonds Nos. 70 to 160, both inclusive. (being those bonds maturing in each of the years.1985 to 1994, both inclusive), of this issue, in whole or in part on June 1,.1984, Si. or holders thereof a sum equal to the principal amount of the bonds called for redemption plus unpaid accrued interest.thereon to the date fixed for redemption. If the City elects to redeem all or any part of said bonds on any. such redemption date, notice of the exercise of the .option .to redeem shall be given in writing to the bank at which'said bonds are payable, and said notice shall be published one (1) time in a financial Journal or publication of general circulation in the United States of America, which notice shall be mailed to said bank and published in said journal or publication at least thirty (30) days prior to the date fixed for redemption. Whensaid bonds, in whole or in part, have been called for redemption in the manner prescribed and due provision has been made to pay the principal of the bonds called for redemption and unpaid accrued interest thereon to the date fixed for redemption, the right of the owners or holders to collect interest which would otherwise accrue after the redemption date on the bonds called for redemption shall terminate on the date fixedfor redemption. -.Section 30- 3.01 - INTEREST RATES AND INTEREST PAYMENT DATES: That said bonds shall bear interest per annum at the following rates, respectively, • to -wit: - .Bonds Nos. Bonds Nos. .Bonds Nos. .Bonds Nos. to 110 , both to (A , both ton , both to ' r , both inclusive, inclusive, inclusive, inclusive, and AdR interest payable June 1,.1965, and semi-annually thereafter on December 1st and. June. 1st in each year until the principal sum is paid. 3.02 - MEDIUM AND PLACE OF. PAYMENT: That both .principal of and ' .interest on said bonds shall be payable, without exchange or collection charges to the owners or holders of said bonds and/or the interest coupons appurtenant thereto, at the First City National Bank of Houston, .Houston,.Texas,•in any coin or currency which, on the respective dates of payment of such principal and interest, is legal tender for the payment of'debts due' the United States of America. The principalof such bonds shall be payable only upon presentation and surrender of said bonds as they respectively.become due, and interest falling due on and prior to the respective maturity dates of the bonds shall be payable only upon presentation and surrender of the interest coupons attached to said bonds as such coupons severally become due. .Section 4: EXECUTION OF BONDS AND INTEREST COUPONS: That each of said bonds shall be signed by the Mayor and countersigned by the City Secre- tary, by their printed,. engraved, lithographed or stamped facsimile signatures, and the facsimile of the corporate seal of said City shall be printed, engraved, lithographed or stamped upon each of said .bonds. The interest coupons attached .to said bonds shall also be executed by the printed, engraved, lithographed or stamped facsimile signatures of said Mayor and City Secretary. Said have the same effect as if each of said bonds had been signed manually. and in person by each of such .officers, and said facsimile seal on the bonds shall .have .the same effect as if the official seal of said City had been manually impressed upon each of said bonds.. The registration certificate of the :Comptroller of Public Accounts of the State of Texas, which certificate is to be printed on the back of each of said bonds as set forth hereafter in•Section.7 of this ordinance, shall be manuallysubscribed, and the official seal of said Comptroller shall be manually impressed thereon. .Section .5: FORM OF BONDS: That said bonds shall be in substantially the following form: NO... $5,000 UNITED STATES OF AMERICA- STATE OF TEXAS COUNTY OF BRAZORIA CITY OF PEARLAND,.TEXAS,.WATERWORKS AND SANITARY .SEWER SYSTEM .IMPROVEMENT BOND, . SERIES 1964 THE CITY OF PEARLAND, in the County of Brazoria, in the State of Texas, FOR VALUE.RECEIVED, acknowledges itself indebted to and hereby PROMISES TO PAY TO BEARER ON THE.FIRST DAY OF JUNE, 19 ,.the sum.of FIVE THOUSAND DOLLARS ($5,000), with interest thereon.from.the date hereof at the rate of' %.(NOTE.TO.PRINTER: For interest rates, see Section ..3.01 of bond.brdinance) per annum, interest payable June 1,.1965, .year until.the principal sum. is paid. Both principal of'and interest on this bond shall be payable in any coin or currency which on the respective dates of payment of such principal and interestds legal tender for the payment of debts due.the United States of America, at the First City National.Bank of Houston, Houston,.Texas,.without exchange or collection charges to the owner or,holder. The principal hereof -shall be payable only upon presentation and surrender of this b.ond,,and interest hereon failing due on and prior to the maturity of this bond shall be payable only upon presentation and surrender of the interest coupons hereto attached as such coupons severally become due'. .THE DATE OF THIS BOND, in conformity with the ordinance hereinafter mentioned, is DECEMBER 1, 1964. THIS BOND IS ONE OF A SERIES OF 160 SERIAL BONDS of like date and tenor,.. except,as to serial number, interest rate, maturity, and option of prior redemption, being numbered con- secutively from 1 to,160, both inclusive, in the denomination of $5,000 each, aggregating $800,000..($150,000 being a portion and the first installment of $500,000 waterworks system .bonds and $650,000 being a portion and the first installment of $1,000,000 sanitary sewer system bonds, all voted at an election held in said City on July ll, 1964), and, together with the other bonds of said series, is issued for the purpose of constructing permanent -improvements, enlargements, and extensions to the waterworks and sanitary sewer systems of the City, under and in strict conformity with the Constitution and laws of the State of Texas;' of Texas, 1925,-as amended, and by authority of a vote of the duly qualified resident electors of said City who owned taxable property within said City and who had duly rendered the same for taxation, and pursuant to an ordinance duly passed and adopted by the City Council of said City, which ordinance is duly recorded in the official minutes of said City Council. THE CITY. EXPRESSLY -RESERVES THE RIGHT TO REDEEM BONDS NOS. 70 to 160, both inclusive (being those bonds maturing in each of the years 1985 to 1994, both inclusive), of this issue, in whole or in part on June 1,.1984, and on any interest payment date thereafter by paying to the owners or holders thereof a sum equal to the principal amount of the bonds called for redemption plus unpaid accrued interest thereon to the date fixed for redemption. -If the.City elects to redeem all or any part of said bonds on any such redemption date, notice of the exercise of the option to redeem shall be given in writing to the bank ' at which said bonds are payable, and said notice shall be pub- lished one (1) time in a financial journal or publication of general circulation in the United'States of America, which notice shall be mailed to saidbank and published in said journal or publication at least thirty (30) days prior to the date fixed for redemption. When said bonds, in whole or in part, have been called for redemption in the manner prescribed and due provision has been made to pay the principal of the bonds called for redemption and unpaid accrued interest thereon to the date fixed for redemption, the right of the owners or holders to shall terminate on the date fixed . for redemption.. IT'IS HEREBY CERTIFIED,. RECITED AND REPRESENTED -that all acts, conditions and things necessary to be done precedent to and in.the issuance of this bond and the other bonds of the series of bonds of which.this is one, in order -to render the same legal, valid and binding obligations of said City,.have been done, have happened, and have been performed in regular , and due time, form and manner as required by law; that due provision has been made for the payment of the principal of and interest on this bond _and the other bonds of the series of which this bond is one, by the levy of a direct annual ad valorem tax upon all taxable property within said City, sufficient for said purposes; and that the entire issue of bonds of which this one is a part, together -with all other indebtedness of said City does not exceed any. Constitutional or statutory limitation. .IN TESTIMONYWHEREOF, the City -Council of the City of Pearland, Texas, has caused the facsimile of the corporate seal of said City to be printed, engraved, lithographed or stamped hereon, this bond to be signed by the Mayor of said -City and .countersigned.by the City Secretary, by their printed, engraved, lithographed or stamped facsimile signatures, and the interest coupons hereto annexed also to be executed by the facsimile signatures of said Mayor and City Secretary, all as of the 1st day of December, 1964. Mayer, City of Pea 1 COUNTERSIGNED: Section 6: FORM OF INTEREST COUPONS: That the interest coupons to be attached to said bonds shall be in substantially the following form: NO. ON THE 1ST DAY OF , 19 , * THE CITY OF PEARLAND, in the County of Brazoria, State of Texas, PROMISES TO PAY TO BEARER, without exchange or collection charges, at the First City National Bank of Houston, Houston, Texas, the sum of , in any coin or currency which on such date is legal tender for the payment of debts due the United States of America, being. interest due that date on City of Pearland, Texas, Waterworks and Sanitary Sewer System Improvement Bond, Series 1964, bearing the number hereinafter specified, dated December 1, 1964. Bond No. Mayor] City of Pear and 4-!i7-2&.4;f01/ City Secretary *(Coupons maturing after June 1, 1984, shall contain the following additional clause: unless the bond to which this coupon appertains has been called for previous redemption and due provision made to redeem same,) Section 7: REGISTRATION OF BONDS BY COMPTROLLER AND FORM OF REGISTRATION CERTIFICATE: That each of said bonds shall be registered by the by law, and the registration certificate of said Comptroller of Public Accounts shall be printed on the back of each of said bonds, shall be manually executed, and shall be in sub-' stantially the following form: OFFICE OF THE COMPTROLLER REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State' of Texas to the effect that this bond has been examined by him as required by law, that he f inds,that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation upon the City of Pearland, Texas; and said bond has this day been registered by me. WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas, Comptroller of Public Accounts of the State of Texas Section 8: INTEREST AND SINKING FUND - TAX LEVY: That there is hereby created a special fund to be called "City of Pearland, Texas, Waterworks and Sanitary Sewer System Improvement Bonds, Series 1964, Interest and Sinking Fund", and all taxes levied, assessed and collected for and on account of said bonds authorized by this ordinance shall, as collected, be deposited into said Fund. That while said bonds or any•part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby'levied and there, manner, and at the same time other City taxes are levied, assessed and collected, in and for each year, beginning with the current year, a continuing direct annual ad valorem tax upon all taxable property within said City at a rate each year sufficient to pay the current interest on said bonds and to create and provide a sinking fund of not less than 2% of the principal amount of said bonds then outstanding or not less than the amount required to pay the principal payable out of said tax, whichever is greater, full allowance being made for. delinquencies and costs of collection, and said. taxes, when collected, shall be applied to the payment of the interest on and principal of said bonds, and to no other purpose. Section 9: APPROVAL AND REGISTRATION. OF BONDS BY STATE OFFICERS: That it shall be the duty of the Mayor to submit the record of said bonds, and the bonds, to the Attorney General of the State of Texas, for examination and approval, and thereafter to have such bonds registered by the Comptroller of Public Accounts of the State of Texas. Section 10: SALE OF BONDS: That the sale of bonds to3..,n.�p.,?fl,.�� J^:7-.2) at a price equal to the principal amount of said bonds plus accrued interest thereon from the date hereof to the date of actual' delivery, plus a cash premium of $ , subject to the unqualified approving opinion, as to the legality of such Elkins, Weems &.Searls, Tiouston, Texas, market attorneys, is hereby authorized, approved, ratified.and confirmed. When said bonds have been approved by said Attorney General and -register-ed-by said Comptroller of Public Accounts, they shall be delivered to the named, purchaser upon receipt of the full purchase price. Section 11: DUTIES OF CITY. OFFICERS: That the Mayor; the City Secretary, and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary or convenient to carry out the provisions of this ordinance. Section 12: EFFECTIVE DATE OF ORDINANCE: That this ordinance shall become effective and be in full force upon and after its adoption, and it is so ordained. PASSED AND APPROVED this 3rd day of December, 1964. Mayor/ ;City of Pearland ATTEST: City Secretary, City. of Pearland, Texas (SEAL)