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Ordinance 1962-07 A0 62- 7 ORDINANCE AUTHORIZING AWARDING OF CONTRACT TO ENGINEERS AND ISSUING WARRANTS IN PAYMENT THEREOF CITY OF COUNTY OF WYLIE COLLIN I THE STATE OF TEXAS ON THIS, the 1St day of May, 1962, the City Council of the City of Wylie, Texas, convened in ~e.c-(cS.t- session, at the regular meeting place thereof, with the following members present, to-wit: ROY HALL Ro D. ONSTOTT JACK PARKER JACK BOSTIC CARL D. WARD J. R. STORY MA YO R I ALDERMEN and with the following absent :10'0 ~. .. , constituting a quorum; and among other proceedings had, were the follOwing: The Mayor introduced a proposed ordinance. The ordinance was read in full. Alderman Bo..;:.-r I C-. made a motion that any rule re- quiring ordinances to be read at more than one meeting be sus- pended. The motion was seconded by Alderman carried by the following vote: b tJ...s 1 'tl ',""r and AYES: Aldermen Onstott, Parker, Bostic, Ward and story NOES: None. Alderman ~o-.s.-\ iC- made a motion that the ordinance - _.... --,~- be passed finally. The motion was seconded by Alderman Of.J..s 1 ell and carried by the following vote: AYES: Aldermen Onstott, Parker, Bostic, Ward and sto ry NOES: None The Mayor announced that the ordinance had been finally passed and adopted. The ORDINANCE is as follows: lIAN ORDINANCE by the City Council of the City of Wylie, Texas, authorizing the awarding of Contract to Engineers and issuing warrants in payment thereof; and declaring an emergency. WHEREAS, the City of Wylie is the owner of its Sanitary Sewer System and Water Distribution System; and WHEREAS, the City Council of the City of ~vylie, Texas affirmatively finds and determines that it is necessary to act ~mmediately in the construction of improvements and extensions to the Waterworks and Sanitary Sewer System of said City for the preservation and protection of public property and the lives and health of citizens of said City; and WHEREAS, it now appears necessary and proper that the City immediately retain professional services of consulting engineers to prepare plans and specifications for such improvements and extensions and to supervise the construction of same; and WHEREAS, this City Council finds and determines that the City has no unappropriated funds on hand to pay consulting engineers' fees and that it will be necessary to make provision for the issuance and delivery of interest bearing time warrants, payable to the engineers employed, in order to comply with the Constitution of the State of Texas which requires that provision be made for the payment of contractural obligations when same is incurred; and WHEREAS, this City finds that under the provisions of Article 2368a, V.A.T.C.S., it is not necessary to advertise for professinal services, to-wit: the employment of consulting engineers, and also no notice is required, due to the existing emergency and the urgent necessity, to issue time warrants in payment of said services; and WHEREAS, in consequence of the foregoing finding and existing emergency, it is determined and adjudged that a contract to prepare plans and specifications for the construction of improvements and extensions to the Waterworks and Sanitary Sewer System of said City, and for the supervision of the con- struction of such improvements and extensions should be awarded to FORREST & COTTON, INC., and HENNINGSON, DURHAM & RICHARDSON, INC., Consulting Engineers, and work should be immediately commenced and continuously prosecated until said plans and specifications shall be completed and the construction of said improvements and extensions shall also be completed; and WHEREAS, it is further determined and adjudged that due provision has been maae by this City Council to finance the cost for such plans and specifications and supervision by the delivery of time warrants of said City to said FORREST & COTTON, INC., and HENNINGSON, DURHAM & RICHARDSON, INC., Consulting Engineers, in accordance with the provisions of this ordinance; and WHEREAS, the City and the aforesaid Consulting Engineers have entered into agreements whereby the Engineers will accept delivery of time warrants of said City in payment of their fees therefor; and, accordingly the City and said Consulting Engineers have entered into the following agreements: THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That all recitals, findings and declarations contained in the preamble of this ordinance are hereby found as a fact and made a part of this ordinance and a part of the judgment of the City Councilo SECTION 2: That the aforementioned contracts for the preparation of plans and specifications and supervision of the construction of improvements ad extensions to the Waterworks and Sanitary Sewer System of the City of Wylie, Texas, are hereby expressly ratified, confirmed and adopted as binding and valid contracts of said City. SECTION 3: That it is affirmatively found by this City Council that all prerequisites for the making of valid, binding and subsisting contracts and for issuing valid time war- rants have been complied with and are in accordance with the pro- visions of the Constitution and laws of the State of Texas, including Section 5 of Article 2368a, V.A.T.C.S. SECTION 4: That under and by virtue of the Constitution and laws of the State of Texas, the warrants of the City of Wylie, Texas, to be known as "CITY OF WYLIE, TEXAS, WATERWORKS AND SEWER SYSTEM IMPROVEMENT WARRANTS If be and same are hereby issued in the principal sum of $7,225, dated May 1, 1962; said warrants shall be numbered consecutively from One (1) to Seven (7), both inclusive, shall be in denominations shown below, and shall mature, without right of prior redemption, in accordance with the following schedule: WARRANT NUMBERS (All Inclusive) DENOMINA TION MA TURITY DATE AMOUNT 1 $1225 May 1, 1963 $1225 2 and 3 $1000 May 1, 1964 2,000 4 and 5 $1,000 May 1, 1965 2,000 6 and 7 $1,000 May 1, 1966 2,000 SECTION 5: That said warrants shall bear interest from date to maturity at the rate of FOUR AND ONE-HALF PER CENTUM (4-1/2%) per annum, payable on May 1, 1963, and semi-annually thereafter on November 1 and May 1 in each year. SECTION 6: That both principal and interest of said warrants shall be payable in lawful money of the United States of America~ without exchange or collection charges to the owner or holder, upon presentation of the warrants at the FIRST STATE BANK, Wylie, Texas. SECTION 7: That said warrants shall be signed by the Mayor of the City of Wylie, attested and countersigned by the City Secretary, and registered by the City Treasurer, and the seal of the City of Wylie, Texas shall be impressed thereon, and in registering said warrants the City Treasurer shall write on the face of same the date of registration and shall sign his name officially thereto. SECTION 8: That the form of said warrants shall be substartially as follows: