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HomeMy WebLinkAbout1964-09-14 - Special City CouncilStephenville, Texas September 14, 1961x.. The City Council met in called meeting on this date withMayor Cook presiding and the. following Councilmen present: Hubert Darby, Mrs. Fred McCleskey, E. Lee Orbison, Chas. Riggins, Roy Swain, Bill Christian, W. H. Stem and Mrs. Doyle White. City Attorney Chandler was present for the meeting. Mayor Cook appointed the following as a committee to look into the possibility of opening the Cordelia Graves School as a community center as soon as funds are Smailable: Carl Phillips, Chairman, Elwood Phillips, Melvin Plummer, Josephine Smith and B. Bentley. Also Councilman Orbison, Chairman, Councilwoman White, Coun- cilman Stem and Rufus F. Higgs Sr. Councilman Orbison,_reporting for the Committee, stated that they recommend the proposal of R. C. Bills and B. F. Stafford be .acce plats for dedication be filed at the City Hall. pted as soon as the proper Councilman Christian reported the Cemetery Committee recommends the cemetery lots purchased by Mrs. Crump be charged out at $75.00 per lot, or that she be given the money back if the price is not agreeable. It was moved by Councilman Swain, seconded by Councilman Christian, to accept the above recommendation of the Cemetery Committee and that Mrs. Crump be notified of this action. Motion carried unanimously. Upon motion and second, the Council stood adjourned. ATTEIZM LQt��e-cretary. Mayor. 6 IJ THE STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE On this the 1st day of September,' 1964,' the City Council of the City of Stephenville, Texas, convened in Regular Meeting, at the regular meeting place, with the following members present, to -wit: W. E. Cook, Mayor, Bill Christian, Charles Riggins, Hubert Darby, Mrs. Fred McClesky,: Aldermen, Lee Orbison, Roy Swain, Jr., Mrs. Doyle White, W. H.,Stem, Rex H. Cates, City Secretary, and with the following „'absent: None , constituting a quorum, at which time the following proceedings were had, to -wit: Alderman orbison introduced an ordinance and moved that it be passed. The motion was seconded by Alderman Darby The motion carrying with it the passage of. the ordinance .prevailed by the following vote: AYES': All Aldermen present voted "Aye ". NOES: None. The ordinance as passed is as follows: AN ORDINANCE REPEALING AND RESCINDING ANY CONTRACTS AND AGREEMENTS ENTERED INTO BY THE CITY OF STEPHENVILLE PURSUANT TO ADVERTISEMENT FOR BIDS. WHEREAS, in accordance with a resolution adopted by the City Council of the City of Stephenville, Texas, on the 7th day of July, 1964, a notice to bidders was published in the Stephenville.Daily Empire on July 10, 1964 and July 17, 1964, said notice being in substantially the following form: ADVERTISEMENT FOR BIDS ealed proposals addressed to the Mayor and Councilmen of the City of Stephenville, Texas, will be received at the office of Kr. Rex Cates, City Secretary, until 5:00 o'clock, P.M. on July 28 .1964 for furnishing and installing water ys.tem improvements as follows: CONTRACT "A" - WELL FIELD SUPPLY LINE $ 8,000.00 Bid Bond CONTRACT "B" - TEST HOLES AND WATER SUPPLY WELLS $ 3,000.00 Bid Bond CONTRACT "C" - WELL PUMPS $ 1,000.00 Bid Bond Bidders must submit with their bids a Cashiers or Certified Check ayable to or endorsed, without recourse, to the City of Stephenville,, exas, or a Proposal,Bond in the same amount, from a reliable Surety ompany, as a guarantee that Bidder will enter into a contract and xecute bond and guarantee forms provided within five (5) days after . otice of award of contract to him. Bids without check or proposal and will not be considered. n accordance with Chapter 93, Acts of the 56th Legislature, which ecame effective April 27, 1959, the successful Bidder will be re- quired to furnish not only a performance bond in the amount of the contract, ,but also a payment bond in tae amount of -the contract, for the protection of all claimants supplying labor and materials as defined in said law. The bonds must be executed by an approved urety Company holding a permit from the State of Texas to act as urety and acceptable according to the latest list of companies .olding certificates of authority from the Secretary of the Treasury f the United States, or other Surety or Sureties acceptable to the, wner. ll unit prices must be stated in both script and figures. The wner reserves the right to reject any or all bids and to waive ormalities. In case of ambiguity or lack of clearness in stat- ing the price in the bids, the Owner reserves the right to c.on- ider the most advantageous construction thereof, or to reject he bid. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. I j j i Bidders are expected to inspect the site of the work and to in- form themselves regarding local conditions and conditions under which the work is to be done. Not less than the prevailing rate of per diem wages for work of similar character in the City of Stephenville, and County of Erath, and not less than the general prevailing rate of per diem wages for legal holidays, Saturdays, Sundays, and overtime work a shall be paid to all laborers, workmen and mechanics employed in.said City and County on the above project. The City Council of the City of Stephenville, has ascertained j and here specifies such general prevailing rate of per diem j3 wages in said City and County to be as follows: Prevailing Per Diem Mechanic, Workman Prevailing Wage Based on Eight or Type of Laborer Hourly Rate Hour Working Day Working Foreman $ 1.50 12.00 Machine Operators Backfiller 1.25 10.00 Bulldozer 1.50 12.00 Crane, Shovel, Dragline 1.75 14.00 Concrete Mixers 1.25 10.00 Trenching Machine 1;50 12.00 Tractor (Pneu'.- Tired) 1.25 10.00 j Tractor and Scraper 1.50 12.00 . Tractor (Crawler) 1.25 10.00 Hoist 1.50 12.00 Cement Finisher (Trowel) 1.25 10.00 Electrician 1.75 14.00 { Mechanic 1.25 10.00 Iron Worker- Reinforcing 1.25 10.00 Carpenter -Form Builder 1.25 '10.00 Welder 1.50 12.00 Powder Man 1.25 10.00 i i' i� I� j 9� i l Mechanic, Workman Prevailing Prevailing Per Diem Wage Based on Eight or Type of Laborer Hourly Rate Hour Working Day Manhole Builder $ 1.25 $ 10.00 Pipe Layer 1.25. , 10.00 Joint Worker.. 1.25 10.00 Pneumatic Tool Operator 1.25 10.00 Oiler 1.25 10.00 Truck Driver 1.25 10.00 Kettleman 1.25 10.00 Batterboard Setter 1.25 10.00 Shorer 1.25 10.00 Mortar Mixer 1.25 10.00 Fine Grader 1.25 10.00 Laborer 1.25 10.00 Water Well Driller 2.50 20.00 Water Well Driller's Helper 1.75 14.00 Straight time for Sundays, legal Holidays and overtime work. Instructions to Bidders, Proposal Forms, Specifications, Plans and Contract Documents may be examined at the office of Mr. Rex Cates, City.Secretary, City Hall, Stephenville, Texas, and may be obtained at the office of Homer A. Hunter Associates, Con- sulting Engineers, 5630 Yale Boulevard, Dallas, Texas 75206, upon deposit of $25.00 as a guarantee of the safejreturn of the plans and specifications. Deposit will be returned provided: (1) The Bidder return the plans and specifications within 72 hours after the bid date;: OR i �! (2) The Nan- Bidder return the plans and specifications in r. - -- good condition.72 hours prior to bid date, . OR (3) If the above is not complied with, the entire $25.00 deposit will be forfeited and no refund made. Suppliers may obtain Specifications and Plans at the address stated above upon deposit of Fifteen ($15..00) Dollars which sum is non - refundable. �I It is the intention of the City Council to issue the time war- rants of the City of Stephenville for payment of a part or all ji of the contract to be made pursuant to this notice, and to pay part or all of the Engineer's fees and inspection and testing j fees. The maximum amount of time warrant indebtedness to be incurred for said purposes shall be $ 310,000 , the maximum rate of interest such time warrants are to bear is 4.75% per annum, and the maximum maturity date thereof shall be -Ij 1982 The City has obtained a commitment from an invest ment company for the purchase of said warrants from the Contrac- tor, so that said warrants shall be delivered to the Contractor on approved estimates and the Contractor will immediately del - iver said warrants 'to said investment company and receive in j cash the par value therefor. i 4 I CITY C: STEPHENVIL12. TEXAS i Y W. E. Cook Mayor ATTEST: j' Rex Cates, City Secretary I t i �I i j 1 i 1 and WHEREAS, bids were received at the time and place specified in the above described notice to bidders and action thereon deferred; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,`TEXAS: 1. Any action heretofore taken by the City Council or any of its officers with regard to the acceptance of bids or signing of contracts pursuant to the above described notice to bidders is hereby repealed and rescinded. PASSED AND APPROVED this the 1st day.of $eptember, 1964.. p Mayor A City Secretary i THE STATE OF TEXAS COUNTY OF ERATH - CITY OF STEPHENV,ILLE I, the undersigned, City Secretary of the City of Stephenville, Texas, do hereby certify that the above and fore- going is a true, full and correct copy of an ordinance passed by the City Council of said City (and of the minutes pertaining thereto) on the 1st day of September, 1964„ repealing and rescinding any contracts and agreements entered into by the. City of Stephenville pursuant to Advertisement for Bids, which ordinance is of record in the minutes of said City Council. EXECUTED UNDER MY HAND and the seal of said City, this the ist day of 'September, 1964. Cit ecretary, City of Stephenville, t Texas (SEAL) 9 THE STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE We, the undersigned, Mayor and City Secretary of the City of Stephenville, Texas, do hereby certify: 1. That this certificate is in reference to City of Stephenville Waterworks Improvement Warrants, Series 1964, $310,000; 2. That the City of Stephenville, Texas, has heretofore been incorporated under the general laws of the State of Texas, and that the provisions of Title 28, Revised Civil Statutes of 1925, have been duly adopted and are made applicable to said City; and that the City of Stephenville is now operating under the provisions of Title 28, Revised Civil Statutes of 1925, having a population at this time of approximately 7,500 inhabitants; 3. That the names of the City Officials and the members of the City Council of the City of Stephenville, Texas, are as follows: W. E. Cook, Mayor, Bill Christian, Charles'Riggins, Hubert Darby, Mrs. Fred.McClesky, Aldermen, Lee Orbison, Roy Swain, Jr., Mrs. Doyle White, W. H. Stem, Rex H. Cates, City Secretary and Treasurer, Joe H. Kelly, Tax Assessor- Collector; 4. That no litigation of any nature has been filed or is now pending to restrain or enjoin the issuance or delivery of said Warrants, or the Coupons appertaining thereto, or which would affect the provision made for their payment or security, or in any manner questioning the validity of said Warrants or Coupons or the- proceedings or authority pertaining to the issuance of said Warrants and Coupons, and that so far as we know and believe, no such litigation is threatened. 5. That neither the corporate existence nor boundaries nor the title of present officers to their respective offices is being contested and that no authority or proceedings for the issuance of said Warrants and Coupons have been repealed, revok- ed or rescinded. EXECUTED this the 1st day of September, 1964. CIAL� L i y Secretary Mayor (SEAL) THE STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE Oci this the 1st day of September 1964, the City Council of the City of Stephenville, Texas, convened in Regular Meeting, at the regular meeting place, with the following members present, to -wit: W. E Cook, Mayor, Bill Christian, Charles Riggins, Hubert Darby, Mrs. Fred McClesky, Aldermen, Lee Orbison, Roy Swain, Jr., Mrs. Doyle White, W. H. Stem, Rex H. Cates, City Secretary, and with the following absent: none , constituting a quorum of the City Council, at which time the following proceedings were had: Alderman Darby introduced an ordinance and moved that it be passed. The motion was seconded by Alderman orbison The motion carrying with it the passage of the ordinance prevailed by the following vote: AYES: All Aldermen present voted "Aye ". NOES: None. .The ordinance is as follows: AN ORDINANCE ACCEPTING BIDS FOR THE CONSTRUCTION OF WATERWORKS IMPROVEMENTS; AWARDING A CONTRACT PURSUANT THERETO; AUTHORIZING THE ISSUANCE OF THREE HUNDRED TEN THOUSAND ($310,000) DOLLARS OF CITY OF STEPHENVILLE WATERWORKS IMPROVEMENT WARRANTS, SERIES 1964; LEVYING A TAX TO PAY THE PRINCIPAL AND INTEREST THEREOF; PROVIDING FOR THE METHOD OF THE EXECUTION, ISSUANCE AND DELIVERY THEREOF; AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, heretofore, the City Council of the City of Stephenville, Texas, determined the necessity for the construction of Waterworks Improvements and directed the City Secretary to publish notice to bidders for such work, which notice has been published in a newspaper of general circulation within the City;. and WHEREAS, the Mayor has pursuant to the provisions of Chapter 163, Acts of the Regular Session of the Forty Second Legislature, given notice to bidders, which notice is in words and figures as follows: ADVERTISEMENT FOR BIDS Sealed proposals addressed to the Mayor and Councilmen of the City of Stephenville, Texas, will be received at the office of Mr. Rex Cates, City Secretary, until 5:00 P. M. o'clock, on July 28, 1964, for furnishing and installing water system improvements as follows: CONTRACT "A" — WELL FIELD SUPPLY LINE $ 8,000.00 Bid Bond CONTRACT "B" TEST HOLES AND WATER SUPPLY WELLS CONTRACT "C" - WELL PUMPS $ 3,000.00 Bid Bond $ 1,000.00 Bid Bond.I Bidders must submit with their bids a Cashiers or Certified Check payable to or endorsed, without recourse, to the City of Stephen- ville, Texas, or a Proposal Bond in the same amount, from a reliable Surety Company, as a guarantee that Bidder will enter into a contract and execute bond and guarantee forms provided within five (5) days after notice of award of contract to him. Bids without check or proposal bond will not be considered. In accordance with Chapter 93', Acts of the 56th Legislature, whi became effect April 27, 1959, the successful Bidder will be re- quired to furnish not only a performance bond in the amount of the contract, but also a payment bond in the amount of the con - tract, for the protection of all claimants supplying labor and materials as defined in said law. The bonds must be executed by an approved Surety Company holding a permit from the State of Texas to act as Surety and acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States, - or other Surety or Sureties acceptable to the Owner. All unit prices must be stated in both script and figures. The Owner reserves the right to reject any or all bids and to waive formalities. In case of ambiguity or lack of clearness in stating the price in the bids, the Owner reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable or unbalanced unit prices will be consider ed sufficient cause for rejection of any bid or bids. Bidders are expected to inspect the site of the work and to in- form themselves regarding local conditions and conditions under which the work is to be done. Not less than the prevailing rate of per diem wages for work of similar character in the City of Stephenville, and County of Erath, and not less than the general prevailing rate of per diem wages for legal holidays, Saturdays, Sundays, and overtime work shall be paid to all laborers, workmen and mechanics employed in said City and County on the`abobe project. The City Council of the City of Stephenville has ascertained and here specifies such general prevailing rate of per diem wages in said City and County to be as follows: Prevailing Per Diem Mechanic, Workman Prevailing Wage Based on Eight or Type of Laborer Hourly Rate Hour Working Day Working Foreman $ 1.50 $ 12.00 Machine Operators 0 Backfiller 1.25 10.00 Bulldozer 1.50 12.00 Crane, Shovel, Dragline 1.75 14.00 Concrete Mixers 1.25 10.00 Trenching Machine 1.50 12.00 Tractor (Pneu.- Tired) 1.25 10.00 Tractor and Scraper 1.50 12.00 Tractor (Crawler) 1.25 10.00 Hoist 1.50 12.00 Cement Finisher (Trowel) 1.25 10.00 Electrician, 1.75 14.00 Mechanic 1.25 10.00 Iron Worker - Reinforcing 1.25 10.00 Carpenter -Form Builder 1.25 10.00 Welder 1.50 12.00 Powder Man 1.25 10.00 Manhole Builder 1.25 10.00 Pipe Layer 1.25 10.00 Joint Worker 1.25 10.00 Pneumatic Tool Operator 1.25 10.00 Oiler 1.25 10.00 Truck Driver 1.25 10.00 Kettleman 1.25 10.00 Batterboard Setter 1.25 10.00 Shorer 1.25 10.00 Mortar Mixer 1.25 10.00 Fine Grader 1.25 10.00 Laborer 1.25 10.00 Water Well Driller 2.50 20.00 Water Well Driller's Helper 1.75 14.00 Straight time for Sundays, legal Holidays and overtime work. 0 Instructions to Bidders, Proposal Forms, Specifications, Plans and Contract Documents may be examined at the office of Mr. Rex Cates, City Secretary, City Hall, Stephenville, Texas, and may be obtained at the office of Homer A. Hunter Associates, Con- sulting Engineers, 5630 Yale Boulevard, Dallas, Texas 75206, upon deposit of $25.00 as.a guarantee of the safe return of the plans and specifications. Deposit will be returned provided: (1) The Bidder return the plans and specifications within 72 hours after the bid date; OR (2) The Non - Bidder return the plans and specifications in good condition 72 hours prior to bid date; OR (3) If the above is not complied with, the entire $25.00 deposit will be forfeited and no refund made. Suppliers may obtain Specifications and Plans at the address stated above upon deposit of Fifteen ($15.00) Dollars which sum is non - refundable. It is the intention of the City Council to issue the time warrants of the City of Stephenville for payment of a part or all of the contract to be made pursuant to this notice, and to pay part or all of the Engineer's fees and inspection and testing fees. The maximum amount of time warrant indebtedness to be incurred for said purposes shall be $310,000, the maximum rate of interest such time warrants are to bear is 4.75% per annum, and the maximum maturity date thereof shall be 1982. The City.has obtained a commitment from an investment company for the pur- chase of said warrants from the Contractor, so that said warrants shall be delivered to the Contractor on approved estimates and the Contractor will immediately deliver said warrants to said investment company and receive in cash the par value therefor. CITY OF STEPHENVILLE, TEXAS BY W. E. Cook, Mayor /s/ ATTEST: Rex Cates, City Secretary /s/ WHEREAS, said notice was published in the "Stephenville Daily Empire ", a newspaper published within the City of Stephen- ville, Texas, in its issues of July 10, 1964 and July 17, 1964; and WHEREAS, no Petition was filed by the property taxpay- ing voters of the City asking for a referendum on the question of issuing bonds; and WHEREAS, on July 28, 1964, the day set in said notice, the City Council of the City of Stephenville, Texas, opened and read the bids filed pursuant to said notice; and WHEREAS, after opening said bids, the City Council of the City of Stephenville, Texas, found that the bid of Texas Water Wells, Inc., was the successful bid,for Contract "B" and that said bidder filed the lowest and best bid and "is the lowest responsible bidder; and WHEREAS, said Warrants should now be issued; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: 1. That the bid of Texas Water Wells, Inc., be and the same is hereby accepted by the City of Stephenville, Texas. 2. That a contract be executed between this City and the successful bidder in substantially the following form: THE STATE OF TEXAS COUNTY OF THIS AGREEMENT, made and entered into this day of , A. D. 19 by and between The City of Stephenville of the County of Erath and State of Texas, act- ing through Mr. W. E. Cook, Mayor, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Texas Water Wells, Inc., 951 McCarty Drive of the City of Houston , County of Harris 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: Contract "B" - Test Holes and Water Supply Wells 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 mater- ials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the condi- tions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by Homer A. Hunter Associates, Consulting Engineers, 5630 Yale Boulevard Dallas Texas herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR" written Proposal, the General Conditions of the Agreement, and the Performance and Payment Bonds 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 the same within . 150 calendar days after the date of the written notice to commence work, subject to such extensions of time as are provid- ed by the General and Special Conditions. THE OWNER agrees to pay the CONTRACTOR in lawfully issued Time Warrants the price or prices shown in the proposal, which forms a part of this contract, such payments to-be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. City of Stephenville Party of the First Part (OWNER) By: W. E. Cook, Mayor ATTEST: Texas Water Wells, Inc. Party of the Second Part (CONTRACTOR), By: ATTEST: Rex Cates, City Secretary 3. That in accordance with said contract, Warrants of the City of Stephenville, Texas; to be called "City of Stephenville Waterworks Improvement Warrants, Series 1964 ", be issued in the amount of Three Hundred Ten.Thousand ($310,000.00) Dollars, payable to bearer, evidencing the indebtedness due said Contractors by the City of Stephenville, Texas, under and by virtue of said contract. 4. That said Warrants shall be numbered One'(1) to Three Hundred Ten (310), both inclusive, shall be of the denomination of One Thousand ($1,000.00) Dollars each, shall be dated i September 1, 1964, and shall become due and payable serially according to the following schedule: WARRANTS NUMBERS MATURITY DATES AMOUNTS 1 to 201 both Incl., September 1, 1971 $ 20,000 21 to 40, " 11 September 1, 1972 20,000 41 to 60, " " September 1, 1973 20,000 61 to 80, " " September 1, 1975 20,000 81 to 105, " " September 1, 1976 25,000 106 to 130, " " September 1, 1977 25,000 131 to 155, " " September 1, 1978 25,000 156 to 205, " September 1, 1979 50,000 206 to 255, " September 1, 1980 50,000 256 to 310, " " September 1, 1981 55,000 5. Said Warrants shall bear interest at the rate of 4 -3/4% per annum, evidenced by coupons payable September 1, 1965, and semi - annually thereafter on March 1 and September 1 of each year. 6. That the principal of and interest on said Warrants shall be payable at the - Stephenville State Bank, Stephenville, Texas, without exchange or collection charges to the owner or holder thereof. 7. Said Warrants shall be signed by the Mayor and counter- signed by the City Secretary, and the seal of the City shall be impressed upon each of them. The facsimile signatures of the Mayor and City Secretary may be lithographed or printed on the coupons attached to each of said Warrants. 8. The Warrants shall be in substantially the following form: NO. UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE WATERWORKS IMPROVEMENT WARRANT SERIES 1964 $ 1,000.000 The City of Stephenville, in the County of Erath, State of Texas, for value received, is justly indebted, and promises to pay to bearer, on the 1st day of September, 19 ,the principal sum. ONE THOUSAND DOLLARS in lawful money of the United States of America, together with interest thereon from date hereof until paid, at the rate of 4 -3/4% per annum, evidenced by coupons payable September 1, 1965, and semi - annually thereafter on March 1 and September 1 of each year, and the full faith and credit of the said City is hereby irrevocably pledged to the prompt payment of this Warrant and the annexed coupons, and the City Treasurer is authorized, ordered and directed to pay to bearer the principal sum together with interest thereon, evidenced by coupons attached hereto, principal and interest payable at the ,Stephenville state Bank, Stephenville, Texas, without exchange or collection charges to the owner or holder hereof, upon presenta- tion and surrender of warrant or proper coupon. This Warrant is one of a series of Three, Hundred Ten (310) Warrants, numbered consecutively from One (1) to Three Hundred Ten (310), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating the.sum of Three Hundred Ten Thousand ($310,000.00) Dollars, issued for the purpose of evidencing the indebtedness of said City of Stephenville, Texas, for the furnishing and installing of water system improvements, under and by virtue of the Constitution and laws of the State of Texas, including the provisions of Chapter 163, Acts of the Regular Session of the Forty Second Legislature, and pursuant to an Ordinance passed by the City Council of the City of Stephenville, Texas, which Ordinance is duly of record in the minutes of said City Council of the City of Stephenville, Texas. The date of this Warrant in conformity with the Ordinance above mentioned is September 1, 1964. AND IT IS HEREBY CERTIFIED AND RECITED that all acts, condi- tions and things required to be done precedent to and in the issuance of this Warrant and the series of which it is a part, have been properly done, have happened and been performed in regular and due time, form and manner as required by law; that the City of Stephenville has received full value for this Warrant; that the total indebtedness of said City, including this Warrant, does not exceed any constitutional or statutory limitations; that a sufficient tax to pay the principal of and interest on this Warrant and the entire series of which this is one has been levied for said purpose and will continue to be annually levied, assessed and collected, while 'said Warrants or any of them are outstanding. IN WITNESS WHEREOF, the City of Stephenville, Texas, has., caused its corporate seal to be affixed hereto and this Warrant to be signed by the Mayor and countersigned by the City Secretary, and the interest coupons hereto attached to be executed by the lithographed or printed facsimile signatures of the Mayor and City Secretary as of the 1st day of September /r, 1964! Mayor, City of Stephenville, Texas. COUNTERSIGNED: City Secretary, City of Stephenville, Texas. 9. The form of interest coupon shall be substantially,as follows: NO. ON THE 1ST DAY.OF ' 19 The City Treasurer of the City of Stephenville, Texas, Will pay to bearer at the Stephenville State Bank, Stephenville, Texas, without exchange or collection charges to the owner or holder hereof, the sum of ($ ) Dollars, in lawful money of the United States of America, being months interest due on "City of Stephenville Waterworks Improve- ment Warrant, Series 1964 ", dated September 1, .1964, to which this coupon is attached, and is a part thereof No. , City Secretary. Mayor. 10. The form of the endorsement on the reverse side of each of said Warrants shall be substantially as follows: ENDORSEMENT THIS IS TO CERTIFY That Contractor, received the within warrant and coupons annexed thereto from the officials of the City of Stephenville, and for value received, hereby transfers, sells, and delivers said warrant and interest coupons attached to bearer without recourse, and the said bearer is hereby subrogated to all claims, rights and title held by the undersigned by virtue of said warrants, the contract for which they were issued, or the work done by the undersigned for said City and the bearer is authorized to collect same and to give full acquittance therefor. BY 11. That a special fund to be designated "City of Stephen- ville Waterworks Improvement Warrants, Series 1964 Fund ",. is hereby created and the proceeds from all taxes collected for and on account of this series of warrants shall be credited to said fund for the purpose of paying the interest as it accrues and to provide a sinking fund for the purpose of paying each installment of principal as it becomes due, and said fund shall be used for no other purpose. For each year while any of said warrants or interest thereon are unpaid, there shall be computed and ascertained, at the time other taxes are levied, the rate of tax based on the latest approved rolls of said City as will be requisite and sufficient to make, raise and produce in each of said years a fund to pay the interest as it accrues and to pay the principal as it matures, or to provide at least two (2 %) per cent of the principal as a sinking fund, whichever is greater; full allowance being made for delinquencies and costs of collec- tion. A tax at the rate as hereinabove determined is ordered to be levied and is hereby levied against all of the taxable property in said City for the current year and for each year hereafter while said warrants or any of them are outstanding and unpaid, the said tax each year shall be assessed and collect- ed and placed in the Fund hereby created and the Treasurer shall honor warrants against said Fund for the purpose of paying the interest on and principal of said Warrants and for no other I, purpose. 12. After said Warrants shall have been executed as here inabove provided, they shall be held in the custody of the City Secretary to be delivered only at such times and in such amounts as hereafter directed by the City Council of the City of Stephenville,, Texas. PASSED AND APPROVED this the 1st d y of September, 1964. Mayor, City of Stephenville, Texas. ATTEST: Cites cry, City of Stephenville, Texas. THE STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE I, the undersigned, City Secretary of the City of Stephenville, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Stephenville, Texas, (and of the minutes pertaining thereto) accepting bids for the construction of waterworks.improvements; awarding a con- tract pursuant thereto; authorizing the issuance of $310,000 of City of Stephenville Waterworks Improvement Warrants, Series i 1964; levying a tax to pay the principal and interest thereof; providing for the method of the execution, issuance and delivery thereof; and ordaining other matters relating to the subject, and that the same is duly of record in the minutes of said City Council of the City of Stephenville, Texas. EXECUTED UNDER MY HAND and seal of said City, this the lst- day of September 1964. Cif e retary, City of Stephenville, Texas. (SEAL) PERFORMANCE BOND STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: That Texas Water Wells, Inc., of the City of Houston, County of Harris and State of Texas, as principal, and Trinity Universal Insurance Company, authorized under the laws.of the State of Texas to.act as surety on bonds for principals, are held and firmly bound unto City of Stephenville, Texas (Owner), in the penal sum of Seventy Four Thousand Thirty Three and No /100 Dollars ($74,033.00) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, admin- istrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certai written contract with the Owner, dated the I1L day.pf Mk , 1964,E o,)- to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said.Prindipal shall faithfully perform said Contract. and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal.to.be observed and performed, and according to the true intent and meaning of said Contract and the,Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed.pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 195.9,.and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive. . notice of any such change;:extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder., IN WITNESS WHEREOF, the said Principal and.Surety have signed.and sealed this instrument this 5 day of Sept MB , 1964. Texas Water Wells, Inc. _Trinity Universal Insurance Company Principal Surety Title FE 1vEZ, JR. Q . o,_.a Titlesv---- --------- ----- -- -- Address Address The name and address of the Resident Agent of Surety is: moo. 03260 —Cent iffad -11 -51 TRINITY UNIVERSAL ... a e. e C e a e Y e ♦ e esn.. rt.e. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TRINITY UNIVERSAL INSURANCE COMPANY, a Texas Corporation, in pursuance of authority granted by that certain resolution adopted at a regular meeting of its Board of Directors, held at the office of the Company, in the City of Dallas, Texas, on the twenty -third day of January, 1937 and of which the following is a true, full and complete copy: "Resolved, That the President,. any Vice - President, or any Secretary of this Company be and they are hereby authorized and empowered to make, execute and deliver in behalf of the Company unto such person r persons residing within the United States of America, as they may select, its Power of Attorney con- stituting and appointing each such person its Attorney-in-Fact, with full power and authority to make, execute and deliver, for it, in its name and in its behalf, as surety, any particular bond or undertaking that may be required in the specified territory, under such limitations and restrictions, both s to nature f such bonds or undertakings and as to limits of liability to be undertaken by the Company, az said officers may deem proper, the nature of such bonds or undertakings and the limits of liability to which such powers of attorney may be restricted, to be in each instance specified in such Power of Attorney." amended at a regular meeting of its Board of Directors held at the office of the Company, in the City of Dallas, Texas, on the seventeenth day of October, 1962; and of which the following is a true, full and complete copy: RESOLVED, That any and all Attorneys -in -Fact and officers of the Company, including Assistant Secretaries, whether or not the Secretary is absent, be and are hereby authorized and empowered to certify or verify copies of the By -Laws of the Company as well as any resolution of the Directors, having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of the Company or of Attorneys. in -Fact RESOLVED, That the signature of any of the persons described in the foregoing resolution may be facsimile signatures as fixed or reproduced by any form of typing, printing, stamping or other reproduction of the names of the persons hereinabove authorized. does hereby nominate, constitute and appoint: F XIX JDMNEZ, JR. ® MUSJTON9 TFiiiAs.7 its true and lawful Attorney. in -Fact, to make, execute, seal and deliver for and on its behalf, as surety in The United States of America: Any and all bonds$ undertakings, reinsurance agreementss obligations of co- suretyship,, consents of suretys recognizances, contracts of indemnity and other writings obligatory in the mature thereofs which are or may be alloweds required or permitted by laws statutes rule, regulations contract or otherwise. And the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the said Company at its office in Dallas, Texas, in their own proper persons. STATE OF TEXAS COUNTY OF ERATH THIS AGREEMENT, made and entered into this 1st day of September A. D., 1964 , by and between The City of Stephenville of the County of Erath,and State of Texas, acting through Mr. W. E. Cook, Mayor, thereunto duly authorized so to do; Party of the First Part, hereinafter termed OWNER, and Texas Water Wells, Inc., 951 McCarty Drive, of the City of Houston, County of Harris 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: Contract "B" - Test Holes and Water Supply Wells 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, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by Homer A. Hunter Associates, Consulting Engineers, 5630 Yale Boulevard, Dallas, Texas, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, to- gether with the CONTRACTOR'S written Proposal, the General Condi- tions of the Agreement, and the Performance and Payment Bonds 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 the same within 150 calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. THE OWNER agrees to pay the CONTRACTOR in lawfully issued time warrants the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written.. City of Stephenville Texas Water Wells, Inc. Party of the First Part Party of the Second Part (OWNER) (CONTRACTOR) By: By: lf�/-, W. E. Cook, Mayor PRssio�a� ATTEST: ATTEST: Rex tes , City Secretary KNOW ALL MEN BY THESE PRESENTS: That Texas Water Wells, Inc., of the City of Houston, County of Harris, and State of Texas, as principal, and Trinity Universal Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound 'unto City of Stephenville, Texas (Owner), in the penal sum of Seventy Four Thousand Thirty Three and No /100 Dollars ($74,033.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, adminis- trators, executors, successors and assigns, jointly.and severally, by these'.presents: WHEREAS, the Principal has entered into a cer ain written contract with the Owner, dated the �??1�day of � , 1964gzjK to which contract is hereby referred to and made a part hereof as fully and.to the same extent as if copied at length herein. NOW,. THEREFORE, THE CONDITION OF THIS OBLIGATION IS. SUCH, that if the said Principal shall pay all claimants supplying labor and material.'to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of - .Texas as amended.by the acts of the 56th Legislature, Regular Session, 1959, ,and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN.WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19Li Texas Water Wells, Inc. Trinay Universal Insurance Company By_ ld C_ b%a.,xc,o y�- By , n FEL MENEZ, � 1 Title tfz�u x Title BY Address Address The name and address of the Resident Agent of Surety is:. %�D, i3v r $007 ✓a % %a� %! SIGNATURE IDENTIFICATION AND NON- LITIGATION CERTIFICATE THE STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE WE HEREBY CERTIFY that we did officially sign the $310,000 of City of Stephenville Waterworks Improvement Warrants, Series 1964, dated September 1, 1964, maturing on September l in each of the years 1971 through 1973 and 1975 through 1981, bearing 4 -3/4% interest evidenced by cou- pons attached thereto, said Warrants being numbered 1 through 310, of the denomination of $1,000.00 each; WE DO FURTHER CERTIFY that at the time we signed said Warrants,.and at the time of executing this certificate, we were the duly chosen, qualified and acting officers indicated therein and authorized to execute the same. WE FURTHER CERTIFY that no litigation of any nature is now pending or threatened restraining or enjoining the issu- ance and delivery of said Warrants, or the levy and collection of taxes to pay the interest and principal, or in any manner questioning the proceedings or authority by which same is made, or affecting said Warrants. WE FURTHER CERTIFY that neither the corporate existence nor boundaries, nor the title of present officers to their respective offices is being contested, and that no authority or proceedings for the issuance of said Warrants have been repealed, revoked or rescinded. WE FURTHER CERTIFY that we are acquainted with the offi- cial seal of said City and that an impression of said official seal is affixed to each of said Warrants and that a correct impression of the same also appears upon this certificate. That the facsimile signatures of the Mayor and City, Secretary appearing upon the coupons attached to said Warrants are hereby adopted as their own signatures. EXECUTED AND DELIVERED at Stephenville, Texas, this the 1st day of September (Official Seal here) 1964. Mayor, City of Stephenville, Texas. CQ Cit ec etary, City of Stephenville, Texas. I DO HEREBY CERTIFY that the signatures of the officers subscribed above are true and genuine. Cashier. THE STEPHENVILLE STATE BANK xM_rt STEPHENVILLE. TEXAS 88.357 Bank. (Bank Seal here) DATED at Stephenville, Texas, this them/ day of 1964. GENERAL CERTIFICATE THE STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE We, the undersigned, hereby officially certify that we are the Mayor and City Secretary of the City of Stephenville, Texas, and we further certify as follows: (a) That attached hereto, and marked "Exhibit A ", which shall be a part hereof for all purposes, is a true, full, and correct schedule and statement of the aforesaid proposed warrants, and of the total presently outstanding bond, warrant, or other indebtedness of said City. (b) That the currently effective ad valorem Tax Rolls of said City are those for the year 1964, being the most recent- ly approved Tax Rolls of said City; that the City Council of said City has caused the taxable property in said City to be assessed as required by law; that the Board of Equalization of said City has equalized and approved the valuation of taxable property in said City for said year; that the Tax Assessor of said City has duly verified the aforesaid Tax Rolls, and said .Board of Equali- zation has finally approved the same; that the valuation of taxable property in said City for said year, according to the aforesaid Tax Rolls, as delivered to the City Secretary of said City, and finally approved and recorded by the City Council of said City, is $ 8,184,010.00 SIGNED AND SEALED this the 1st day of 'September, 1964. City Secretary. Mayor. (SEAL) EXHIBIT "A" Waterworks Improvement Warrants, Series 1964, dated 9/1/64, to be outstanding in the principal amount of $310,000, bearing interest, and maturing as set forth in the Ordinance authorizing said Warrants. Airport Bonds, Series 1958, dated 6/1/58, now outstanding in the amount of $25,000, bearing interest, and maturing in the amounts on June 1 of the years, as follows: 3 -1/2 %: 1OM -74; 15M -75. Refunding Bonds, Series 1960, dated 4/1/60, now outstanding in the amount of $75,000, bearing interest, and maturing in the amounts on April 1 of the years, as follows: 4 -3/4 %: IOM -74; 5M -75; 20M- 76/78. Sewer System Improvement and Extension Bonds, Series 1955, dated 11/1/55, now outstanding in the amount of $150,000, bearing interest, and maturing in the amounts on November 1 of the years, as follows: 2 -3/4 %: 15M- 65/68; 3 %: 15M- 69 -70; 20M- 71/73. Refunding Bonds, Series 1961, dated 4/1/61, now outstanding in the amount of $120,000, bearing interest, and maturing in the amounts on April 1 of the years, as follows: 3 -1/2 %; 20M- 65/70.