Ord. 0093 1964-07-02y3
AN ORDINANCE AUTHORIZING AND APPROVING CON-
TRACTS (�
.FOR PERSONAL AND PROFESSIONAL SERVICES i
OF FINANCIAL ADVISORS AND ATTORNEYS AT LAW TO
BE RENDERED IN CONNECTION WITH THE CONSTRUCTION
OF PERMANENT WATERWORKS IMPROVEMENTS FOR. THE
CITY OF PEARLAND, TEXAS.
‘-`f-
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
The City Council of the City of Pearland, Texas, convened in
ti session at the City Hall within said City on the
day of July, 1964, with the following members present, to -wit:
E. To Gibbons
So A. Shukanes
Gene Sanders
John Kegley
T m Alcxand,,r
Vio4er Nat n
W. A. McClellan
Mayor
Alderman
Alderman
Alderman
A14 rman
Aldcr. mars
City Secretary
and the following member(s) absent, to--witEXA oER. V, ThR Nei S4/
when the following business was transacted:
The Mayor introduced an ordinance which was read in full.
Alderman
adopted as read.
-ey
made a motion that the ordinance be
�s
Alderman �c�-ems S,4he,, seconded the motion for
adoption of the ordinance. The motion, carrying with it the adoption
of the ordinance, prevailed by the following vote:
AYES: Aldermen Shukanes, Sanders, Kegley, Alexander
and Nolen, and Mayor Gibbons.
NOES: None
The Mayor thereuponannounced that the motion had duly and
lawfully carried, and that the ordinance had been duly and lawfully
adopted. The ordinance thus adopted follows:
AN ORDINANCE AUTHORIZING AND APPROVING CON-
TRACTS FOR PERSONAL AND PROFESSIONAL SERVICES
OF FINANCIAL ADVISORS AND ATTORNEYS AT LAW TO
BE RENDERED IN CONNECTION WITH THE CONSTRUCTION
OF PERMANENT WATERWORKS IMPROVEMENTS FOR THE
CITY OF PEARLAND, TEXAS,
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, dated June 15, 1964., numbered consecutively from 1 to 110,
both inclusive, in the denomination of 51,000 each, bearing interest at
the rate of five (5%) per cent per annum and maturing serially on
June 15th in each of the years 1985 to 1994, both inclusive, for the
purpose of evidencing the indebtedness of said City for all or any part
of the cost of constructing permanent improvements, additions and ex-
tensions to the City of Pearland, Texas, Waterworks System, including
personal and professional services to be rendered in connection therewith
and other incidental expenses in connection therewith; and
WHEREAS, in order to accomplish said construction, the City
Council of the City of Pearland has found and hereby affirmatively
finds, that it is necessary to secure certain personal and professional
services and to award contracts therefor, the same being included in the
warrant purpose;
WHEREAS, this City Council has contacted Eddleman, Pollok &
Fosdick, Inc°, Houston, Texas, and has asked that firm to submit an
offer to perform all fiscal services in connection with the accomplish-
ment of the warrant purpose in the issuance and delivery of said time
warrants; and
WHEREAS, this Court has contacted Vinson, Elkins, Weems &
Searls, Attorneys -at -Law, Houston, Texas, and has asked that firm to
submit an offer to perform. all legal services in connection with the
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accomplishment of the warrant purpose and the issuance and delivery
of said time warrants; and
WHEREAS, said Eddleman, Pollok & Fosdick, Inc., and Vinson,
Elkins, Weems & Searls have, respectively, submitted proposals to the
City Council and have offered to perform such respective services,
which proposals are hereafter set forth in this ordinance; and
WHEREAS, the City Council wishes to accept the respective
proposals submitted by said Eddleman, Pollok & Fosdick, Inc., and
Vinson, Elkins, Weems & Searls and to award contracts therefor for said
respective firms; therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1,
That it is hereby found that it is necessary to employ
Eddleman, Pollok & Fosdick, Inc., Houston, Texas, and to award a contract
to said firm for the performance of fiscal and financial services in
connection with the accomplishment of the purpose of the
110,000 City
of Pearland Waterworks System Time Warrants, Series 1964, dated June 15,
1964, and with the issuance of said warrants as set forth in the proposal
of said Eddleman, Pollok & Fosdick, Inc., dated June 30, 1964, which pro-
posal hereafter appears as the first proposal in Section 3 of this
ordinance.
Section 2,
That it is hereby found that it is necessary to employ
Vinson, Elkins, Weems & Searls, Attorneys -at -Law, Houston, Texas, and
to award a contract to said firm for the performance of legal services
in connection with the accomplishment of the purpose of the $110,000
City of Pearland Waterworks System Time Warrants, Series 1964, dated
June 15, 1964, and with the issuance of said warrants as set forth in
the proposal of said Vinson, Elkins, Weems & Searls, dated June 30,
1964, which proposal hereafter appears as the second proposal in
Section 3 of this ordinance.
Section 3,
That the Mayor and the City Secretary of the City of Pearland,
Texas, are hereby authorized and directed, for and on behalf of the
City Council of said City and said City, to execute the acceptance
notations of the following proposals submitted respectively by Eddleman,
Pollok & Fosdick, Inc. and Vinson, Elkins, Weems & Searls, which pro-
posals with the executed acceptance notations will constitute the
contracts between the City and said respective firms:
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June 30, 1964
Honorable Mayor and City Council
City of Pearland, Texas
Pearland, Texas
Gentlemen:
0n June 18, 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, dated June 15, 1964, numbered consecutively
from 1 to 110, both inclusive, in the denomination of $1,000 each, bearing inter-
est at the rate of five (5%) per cent per annum, interest payable June 15, 1965,
and annually thereafter on June 15th in each year until the principal sum is paid,
and maturing serially on June 15th in each of the years 1985 to 1994, both inclusive,
for the purpose of constructing permanent improvements, additions, and extensions to
the City of Pearland, Texas, Waterworks System, including personal and professional
services to be rendered in connection therewith and other incidental expenses in
connection therewith.
You have asked us what we would charge for rendering all professional legal
services in connection with the preparation of all ordinances, resolutions, certi-
ficates, and other instruments relating to the issuance of such time warrants.
We will perform such legal services for the sum of $1,200.00, plus $150.00
for each delivery of such time warrants over one. We agree to accept payment for
our services hereunder by the issuance and delivery to us of the proper amount of
such time warrants or by the payment to us in current funds of the City, either or
both. We further agree that no such payment need be made to us until such time as
the warrant purpose is fully satisfied or immediately thereafter.
The foregoing fees do not include our services for such things as litigation,
the examination of abstracts, etc. If the City desires that we render additional
legal services, however, we shall be glad to do so upon terms mutually agreeable
to the City and to ourselves.
The City agrees to reimburse us for actual out of pocket expenses, such as
travel expense, telephone and telegraph, and items required and paid for by us on
behalf of the City. All of our expenses shall be reasonable and subject to approval
by the City Council.
Respectfully submitted,
VINSON, FT='iF , WEEMS & SEARLS
APPROVED AND ACCEPTED this 2 day of July, 1964.
Mayor, City of Pearland, Texas
ATTEST:
City Sec etary, City of Pearland, Texas
1 SEAL,)
Section 4.
That said contracts are hereby awarded, respectively, to
Eddleman, Pollok & Fosdick, Inc., Houston, Texas, and Vinson, Elkins,
Weems & Searls, Houston, Texas, and said contracts are in all things
authorized, approved, and confirmed.
PASSED AND APPROVED this 2 day of July, 1964.
ATTEST:
City S cretary, City of
Pearland, Texas
(SEAL)
Mayor, City of Pearland, Texas
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_NOTICE OF SPECIAL ELECTION
TO THE DULY QUALIFIED RESIDENT ELECTORS OF THE CITY OF PEARL,AND,
TEXAS, AND TO ALL OTHER.INTERESTED PERSONS:
NOTICE, IS HEREBY GIVEN•that a special election will be held
in and -throughout -the City of'Pearland, Texas, on the l9th day of
September, 196)4,•pursuant to and in keeping with the following resolution
adopted by the City Council of said City, to -wit:
A RESOLUTION CALLING A SPECIAL ELECTION IN AND
THROUGHOUT'THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF FILLING THE VACANCY IN THE OFFICE OF
MAYOR OF SAID CITY; PROVIDING'AND FIXING DETAILS
RELATING THERETO; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT
WHEREAS, a vacancy. 'in the office of Mayor of the City of
Pearland, Texas, exists because of the resignation from such office
by the Hon. E. T. Gi.bbons.;, and
WHEREAS, pursuant to the laws of the State of Texas, the
City Council of the City of Pearland must call a special election
to be held in and throughout the City of Pearland for the purpose
of electing a person to fill the vacancyin such office for the
unexpired term of the said E. T. Gibbons; and
WHEREAS, the City Council wishes to proceed with the order-
ing of said election; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
Section 1.
That an election shall be held in and throughout the City
of Pearland, Texas, on the 19th day of September, 1964, at which
election the duly qualified resident electors of said City shall
elect a person to fill the vacancy in the office of Mayor of the
City of Pearland, Texas.
Section 2.
That any person qualified to hold such office of Mayor
under the Constitution and laws of the_State_of_Texas__may__-haveh_is„__
name appear on the ballot at such special election as a candidate
for the office of Mayor by filing his application with the City
Section 3.
That the entire City of Pearland, Texas,is hereby estab-
lished as one election precinct, and the City Hall within said City
is hereby designated as the polling place for said election. The
following named persons are hereby appointed officers to conduct
said election:
Presiding Judge
Alternate. Presiding Judge
Clerk
Clerk
Clerk
.Section 4.
That said election shall be held -in accordance with the
Constitution and laws of the State of Texas, -and all duly qualified
resident electors of said City of Pearland, Texas, .shall be entitled
to vote.
Section 5,
That it is hereby determined by the City Council of the
City of Pearland, Texas, that, except for absentee voting, voting.
in said election shall be bythe use of voting: machines. The bal-
lots of said election shall conform to the requirements of the
Election Code of the State of Texas, Chapter 492, Acts of the 52nd
Legislature of Texas,. Regular Session, 1951, as amended.
` A sentee'voting in said "election shall be—b -the use
paper ballots. Such absentee voting shall be conducted by the City
Secretary, Mr.. W. A. McClellan, at the office of the City Secretary
from 8:00 a.m. to 5:00 p.m., on each day for absentee voting which
is not a Saturday,•a Sunday, or an official State holiday.
Section 6.
That notice of said election shall be given by posting a
copyof a notice containing a substantial copy of this resolution
at the City Hall and at two other public places within said City
not less than twenty (20) days prior to the date upon which said
election is to be held.
Section 7.
That this.resolution shall be in full force and -effect -from
and after its adoption.
PASSED AND APPROVED, this 12th day of August, 1964.
./s/ John Kegley
Mayor.Pro-Tem, City. of Pearland,
Texas
ATTEST:
./s/ .W.. A. .McClellan
City Secretary
A RESOLUTION CALLING.A SPECIAL ELECTION IN:AND
THROUGHOUT THE CITY OF PEARLAND, TEXAS, FOR -THE
PURPOSE OF FILLING THE VACANCY IN'THE OFFICE OF
MAYOR OF SAID CITY; PROVIDING AND FIXING DETAILS
RELATING THERETO; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT AP, �v
THE STATE .OF TEXAS §
COUNTY OF BRAZORIA
The City Council of the City of Pearland, Texas, convened
in regular session at the City Hall within said City on the 12th
day of August, 1964,.with the following members present, to -wit:
John Kegley Mayor Pro-Tem and Alderman
S. A. Shukanes Alderman
Gene Sanders Alderman
Tom Alexander Alderman
Victor Nolen Alderman
W. A. McClellan City Secretary
and the following member(s) absent, to -wit:
when the following business was transacted:
The Mayor.Pro-Tem introduced a -resolution which was read in
full. Alderman made a motion that the resolution be
adopted as read. .Alderma �� onded the motion for
adoption of the resolution. The motion,. carrying with it the -adop-
tion of the resolution, prevailed by the following vote:
AYES:.- Aldermen Shukanes, Sanders, Alexander
and Nolen,.and Mayor Pro-Tem Kegley
NOES: None.
The Mayor Pro-Tem thereupon announced that the motion had
duly and lawfully carried, and that the resolution had been duly
1 e
THE -STATE OF TEXAS §
COUNTY OF BRAZORIA §
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 a NOTICE OF SPECIAL ELECTION, including
a true and correct copy of the resolution calling said election,
which resolution was adopted by. the City Council of said City at a
meeting held on the 12th day of August, 1964,.together with an
excerpt fromthe minutes of said meeting showing the adoption of
said resolution, as same appears of record in the official minutes
of said City Council on file in my office.
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this
12th day of August,.1964.
City Secretary, City. of Pearland,
Texas