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Home My WebLink About73 0828 min~,~NlfFES CI~ COUNCIL SPECIAL MEETING August 28, 1973 The City CoUncil of the City of Plainview met in a special sessi6n at 12:20 p.m. i~n t2ae ~yor's Office of the City Hall with Mayor John Stoneham presiding and the following Aldermen present: Keltz Garrison, Medlin Carpenter-~ Neal Williams, Richard Cross, and Jack Oswald. Also present were Marshall Pharr-City ~nnager, Joe Sharp-City Attorney, M. L. Rea-City Clerk, Norman Huggi~m-Director of Finance, and Larry Martin- Administrative Assistant. Invocation was given by Neal Williams. It was moved by A!dermmn Carpenter, seconded by Alderman William, to adopt a"resolution providing for Certificates of Obligation to be issued for the purchase of refuse equipment consisting of four (4) dompmasters from PAK-bDR Mmnufacturing Company. Motion carried mnanimously. It was moved by Alderman Garrison, seconded by Alderman Cross, to adopt a resolution approving an application to. the Criminal Justice Council for continuation of education incentive for law enforcement officers. ~btion carried unanimously. It was moved by Alderm~n Garrison, seconded by Alderman Cross, to authorize an application to be made to the Federal Reserve Bank of. Dallas providing for depositop/ pledge coverage of sec~rities. Motion carried ~animous ly. Discussion was held on the workmen's compensation portion of the . en~loyee i~5sur~ce policy. It was moved by A!denr~an Carpenter, seconded by Ald~rmm~ Garrison, to adjourn. Motion carried unanLmously. Meeting adjourned at 1:30 p.m. RITEST: M. L. RP~A, City Cier~ Mayor ' MIkrUTES PERTAINING TO PASSAGE AND ADOPTION OF A RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF "CITY OF PLAt~nTIEW, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 197 THE STATE OF TEXAS COUNTY OF HALE CITY OF PLAIbBfIEW ON THIS, the 28th day of August, t9~73, the City Council'of the City of P!ainview, Texas, convened in special session at the regular meeting place thereof in the City Hall, the meeting being open to the public and notice of said meeting, givihg the date, place and subject thereof, having been posted as prescribed by Article 6252~17, Section 3A, V.A.T.C.S., with the following members present and in attendance, to wit: JOHN D. STONEHAM ~YOR MEDLIN CARPENTER ) J RIC A CROSS ) KELTZ GARRISON ) ALDERMEN JACK OSWALD ) NEAL W !LLIAMS ) and with the following absent: None, constituting a quorum; and among other proceedings had were the following: The Mayor introduced the following resolution: "A RESOLUTION by the City Council of the City of Plainview, Texas, authorizing execution and de- livery of "CITY OF PLAINVIEW, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1973," for the purpose of paying contractual obligation of certain refuse collection equipment." The resolution was read in full. Thereupon, Alderman_ca~rppn_t~r moved its adoption, and the motion was. seconded by Alder- man Wi.13~ The motion carrying with it the adoption of the resolution prevailed by the following vote: AYES: Alderman C~rpenter, Cross, Garrison, Oswald and Williams~ NOES: None. The Mayor announced that the resolution had been passed and adopted. MINUTES APPROVED, This 28th day of August, 1973. ATTEST: ? or, Cityjof Plainview, Tex~s y City of Plainview, Texas (City Seal) A RESOLUTION by the City Council of the City of Plainview, Texas~ authorizing execution and'delivery of "CITY OF PLAtNVIEW~ TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1973," for the purpose of paying contractual obligations of the City incurred for the acquisition of certain refuse loading equipment. Wt{EREAS, by ordinance duly passed and adopted on the _6th_ day of August, 1973, this City Council authorized the issuance of $75,000.00 in principal amount of obligations known as "CITY OF PLAI~tVIE%~, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1973," dated April 1, 1973, and such certificates were authorized to be issued for the purpose of paying contractual obligations of the City in- curred for the acquisition of certain refuse ~oading equipment, the total principal amount of certificatms to be delivered for such purpose was not to exceed $75,000.00; and WHEREAS~ Certificates numbered Sixty Five (65) through Seventy- Nine (79) of said series have been set aside for issuance to PAK- MORMA~NUFACTURING COMPANY in payment of refuse loading equipment and it is proper to provide for the payment of the amount due the contractor by the delivery of $75,000.00 in principal amount of certificates and $4,316.00 (or so much thereof as may be necessary to pay the balance due on the contract) in cash out of funds legally available for that purpose; and ~TEREAS, the contract provides that the contractor, PAIi-MOR bLA~NUFACTURING COMPANY will be paid or delivered certificates in pay- ment as the said equipment is delivered; and WHEREAS, there has been delivered to the City of Plainview the following items of equipment: (i) (One) Pak-Mor 25 Cubic Yard Front Loader Model FLS Serial No. FL425773196-MLAE (2) (one) (3) (one) Pak-Mor 25 Cubic Yard Front Loader Model FLS Serial No. FL425573193-~AE Pak-Mor 28 Cubic Yard Handi-Lift Model Serial No. 872442673209 }IL 419W-AE (4) (One) Pak-Mor 28 Cubic Yard Handi-Lift Model Serial No. 872442673210-P0%-420 AWE including auxiliary engine. IN CONSIDERATION OF THE DELIVERY of said equipment and in considera- tion of its acceptance by the City of Plainview; and %~EREAS, the contrac-t between the City of Ptainview and. PAK-MOR ~tA_Nq/FACTURING CO~iPANY for the purchase of the items of equipment above described, provides that same are to be paid for when they have been delivered and accepted by the City of Ptainview; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TRE CITY OF PLAIN~Tt~W: SECTION 1: That the Mayor and Ci~ty Secretary of the City of Plainview, Texas, are. hereby authorized and directed to deliver $30,000.00 in principal ~a~-~ount of the certificates of obli- gation known as "CITY OF PLAI~IEW, TEXAS, CERTI~FiCATES OF OBLI- GATION, SERIES 1973," to PAK-MOR MANUFACTURING COI~PANY, a corpora- tion, and that the amount of $_6.2IL_0~ to be paid in cash. Immediately prior to the delivery of such certificates, the City Treasurer shall register the same as obligations of the City, and shall complete the registration ledger appearing on each of the certificates in the manner prescribed by the ordinance author- izing their issuance. SECTION 2: That the certificates herein authorized to be ex- ecuted and delivered are hereby found to be valid, subsisting and binding obligations of the City of Plainview, Texas, and it is hereby specifically and affirmatively adjudged and declared that the City of Plainview has received full value and consideration therefor and for the full amounn thereof, and that all things re- quired by law to be done in the issuance'and delivery of said cer- tificates and cash payment have happened and been performed in due time~ form and manner as required by law. This ascertainment is expressly made for the use, benefit and protection of the initial holder and any succeeding owner or holder of said certificates, the Attorney General of the State of Texas~ and any other attorney who shall pass upon the legality and validity of said certificates, and the same shall be binding upon said City of Plainview, Texas, the City Council of said City, and their successors in office, until said certificates with interest thereon have been fully paid and discharged. SECTION 3: The appropriate officials of the City shall carry out the provisions of this resolution by causing the aforesaid cer- tificates to be executed, sealed, registered as obligations of the City, and registered in the name of the initial holder thereof, and all actions of said City officials in so doing shall be prima facie evidence that their official acts have been completed in all res- pects in the proper manner to give validity to the certificates and cause the same to create a good, sufficient and valid obli- gation against the City of Ptainview, Texas. SEC.TION 4: The said certificates of obligation being in denominations of $5~000.00~ it is found and determined that it will be necessary for the amount due PAK-MOR MANUFACTURING COP~ANY fall- ing within an amount of less than $5,000.00 be paid in cash. The City of Plainview having said amount available for said~ 62L0~- °urp°s0e ~ therefore~ ordered that such amount being in the sum of be paid in cash, and the same is hereby appropriated f'or t~at purpose. SECTION 5: This resolution shall take effect and be in~'force immediately from and after its passage. PASSED A~rD APPROVED, this the 28th day of August, 1973. 7 ATTEST: I~ L. R.~,- C~ty L~lerk, City of Plainview, Texas (City Seal) THE STATE OF TEXAS COUNTY OF HALE ASSiGbRRENT CERTIFICATE THIS IS TO CERTIF~f that PAKrMORMANUFACTLrRING COFfPANY'~'a cor- poration of San Antonio, Texas, has this day sold, transferred and delivered to City National Bank, Plainview, Texas~ those certain registered City certificates of obligation issued to PAK-MOR >~YUFACTURING COMPANY, a corporat~ion, by the City Council of the City of Plainview, Texas, said certificates heretofore having been issued for the purpose of paying contrac'tual obligations · of the City incurred for the acquisition of certain refuse loading equipment, as set out in the contract executed by and be- tween PAK'MOR ~iANUFACTURING COMPANY, a corporation, 'and the City of' Plainview, dated January 10, 1973, the certificates being described as follows: $ 30,000.00 "CITY OF PLAI~VIEW, TEXAS ~F~S OF' OBLIGATION, SERIES 1973," Dated April 1, 1973, numbered 6__~j through 70 , maturing April 1, 1978. THIS IS TO CERTIFY FURTHER that said Pak-Mor Manufacturing.. Company, a corporation, has received the above described cer~tificates from the proper officials of said City in due course, and that said Pak-Mor Manufacturing Company, a corporation, has received from City National Bank, Plainview, Texas, full value and consideration and payment for said certificates. Texas~ this the EXECUTED at Plainvie~ ' day of September- - , 1973. A _ 0 MANU ACTHRrN C0 A ~ SWO~N TO ~D SUBSCRIBED BEFO~ ~, this the__ ~gh day of ~eD~ber , A. ~. ~973. ' .~ Hale County, Notmry Publ~c, Texas (Notary Seal) 107 THE STATE OF TEXAS COUNTY OF HALE AS S tGN~LENT CERTIFICATE THIS IS TO CERTIFY that PAK-MOR MA2'IUFACTURING C0~PA~NY, a cor- poration of San Antonio, Texas, has this day sold, transferred and delivered to City National Bank, Piainview, Texas, those cernain registered City certificates of obligation issued to PAK-MOR MA~MUFACTURING COFfPA~f, a corporation, by the City Council of the City of Plainview, Texas, said certificates heretofore having been issued for the purpose of paying contractual obligations of the City incurred for the acquisition of certain refuse loading equipment, as set out in the contracn executed by and be- tween PAK-MOR MA~NUFACTURING CO~PANY, a corporation, and the City of Plainview, dated January 10, 1973, the certificates being described as follows: $ 30,000.00 "CITY OF PLAINVIEW, TEXAS ~-~F~S OF OBLIGATION, SERIES 1973," Dated April 1, 1973, numbered 65 through 70 , maturing April 1, 1978. THiS IS TO CERTIFY FURTHER that said Pak-Mor Manufacturing Company, a corporation, has received the above described certificates from the proper officials of said City in due course, and that said Pak-Mor Manufacturing Company, a corporation, has received from City National Bank, Plainview, Texas, full value and consideration and payment for said certificates. EXECUTED at Plainview day of S~p~b~ -~ 1973. , Texas, this-the ~6~h PAK-MOR MAN-OFACTURING C0~ANY Se~/e~s~°m~ TO ~D S~BSCRIBEDA D. 1973.BEFORE MZ, this the ~h day of . Notary Public, ~_HaJ~e __County, Texas (Notary Seal) CASH RECEIPT THE STATE OF TEXAS COUNTY OF HALE MA~\~ACTURINGCOM~ANY, a corporation, of San Antonio, Texas, DO HEREBY CERTIFY that I have received payment Of $620.00 in cash as partial payment ~of contract dated January 10, 1973, with the City of Plainview, Texas, and in accordance with re- solution of the City of Plainview, Texas, relating to and making provision for payment due pAK-MOR MAN-LTFACTURING COFfPANY, a cor- poration, for certain refuse loading equipment, and in connection with the "City of Plainview, Texas, Certificates of Obligation, Series 1973," dated April 1, 1973. TO CERTIFY WI{iCH, witness my hand this the ~J~ _ day of , 1973. PAK-MOR MANUFACTURING CO 7MPANY, a corporation, / ! Control ler~/ SWORN TO AND SUBSCRIBED BEFORE ME, this the_~ day of Seal) A. D. 1973. Notary Public, Hale County, Texas