SECTION 53.88. Transcripts of Proceedings: Certificates in Exchange for Services or Property


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  • Regarding certificates delivered in exchange for service, or property, the following rules will apply to transcripts of proceedings.

    (1) Executed claims and accounts pursuant to section 4 of Article 2368a.1, must be furnished, along with proper documentation of the chain of possession of same, whenever same are funded or exchanged.

    (2) A resolution, ordinance, or order directing publication of notice to bidders must be submitted.

    (3) An ordinance or order awarding contracts to the lowest responsible bidder, stating the contract amount, naming the contractor, and authorizing execution of the contracts must be submitted.

    (4) Executed copies of contracts and payment and performance bonds with supporting power of attorney for each bond, for each contractor, must be submitted.

    (5) Each change order must be documented by executed change order and ordinance or order authorizing same, setting out amount of increase or decrease, authorization to execute change order, and method of payment for increases.

    (6) An appropriation certificate is required for all amounts to be paid with current funds pursuant to original contract or change order.

    (7) Each resolution, ordinance, or order directing delivery of certificates must set out the number of the claim or estimate being paid, the amount owing pursuant to claim or estimate, the amount and specific numbers of certificates to be delivered, the excess, if any, to be carried over or paid with current funds, and supported by executed claim or estimate duly approved by engineer for issuer.

    (8) Each delivery of certificates must document the receipt of same and any current funds used in payment of a claim or estimate, as well as all subsequent assignments of certificates.

    (9) Each delivery of certificates must be supported by an executed signature identification and no-litigation certificate.

Source Note: The provisions of this §53.88 adopted to be effective January 1, 1976.