Ord. 0104 1964-12-21l%s-E a. ��- •,�/
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A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING
PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF
PEARLAND, TO-WIT: A WATER WELL, WATER STORAGE
TANK, WATER TREATMENT PLANT, AND WATER
DISTRIBUTION SYSTEM; APPROVING CLAIMS FOR
PROFESSIONAL AND PERSONAL SERVICES RENDERED IN
CONNECTION THEREWITH; AUTHORIZING THE DELIVERY
OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIMS;
CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT; AND PROVIDING THAT THIS ORDINANCE SHALL
BE EFFECTIVE UPON AND AFTER ITS ADOPTION. �/
/� "
THE STATE OF TEXAS
COUNTY OF BRAZORIA
�
.
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The City Council of the City of Pearland, Texas, convened
in special session at the regular meeting place within said
City on the 21st day of December, 1g64 with the following
members present, to-wit:
John G. Kegley
Thomas F. Alexander
Victor A. Nolen
Steve A. Shukanes
Gene E. Sanders
Mayor
Alderman
Alderman
Alderman
Alderman
• • - ! ._ :inr.�:
and the following member(s) absent, to-wit;
, when the following business was
transacted:
The Mayor introduced a resolution which was read in full.
�` ,,
Alderman V� ,��„�. mad a motion that the resolution
be adopted as read. Alderma seconded the
motion for adoption of the resolution. The motion, carrying
with it the adoption oF the resolution, prevailed by the
following votes AYES: Mayor Kegley, Aldermen Alexander,
Nolen, Shukanes, Sanders and .
NOESe None.
The Mayor thereupon announced that the motion had been
duly and lawfu.11y carried and that the resolution had been duly
and lawfully adopted.
The resolution thus adopted follows:
A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING
PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF
PEARLAND, TO-WIT: A WATER WELL, WATER STORAGE
TANK, WATER TREATMENT PLANT, AND WATER
DISTIRUBITION SYSTEM; APPROVING CLAIMS FOR
PROFESSIONAL AND PERSONAL SERVICES RENDERED IN
CONNECTION THEREWITH9 AUTHORIZING THE DELIVERY
OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIMS;
CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT; AND PROVIDING THAT THIS ORDINANCE SHALL
BE EFFECTIVE UPON AND AFTER ITS ADOPTION.
WHEREAS, the City Council of the City of Pearland, Texas,
adopted resolution on the 18th day of June, Zg64 authorizin�
$110,000 City of Pearland Waterworks System Time Warrants,
Series �964 dated June 15 Zg64 for the purpose of evidencing
the indebtedness of said City for all or any part of the cost
of constructing permanent improvements, additions, and
extensions to said City's waterworks system, ineluding personal
and professional services and other incidental expenses to be
rendered in connection therewith, and awarded contracts for
the construction of such permanent improvements; and
WHEREAS, claims for furnishing labor, materials, supplies,
machinery, equipment, tools and superintendence for construet-
ing the permanent improvements shown on said claims have been
submitted, as follows:
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(A) for construction of the water well, the
claim of Lane, Texas, Company, Inc., Houston, Texas, in
the amount of $21,350.00;
(B) for construetion of the water storage tank,
the elaim of Chicago Bridge and Iron Company, Houston,
Texas, in the amount of $21,075.00;
(C) for construction of the water treatment plant,
the claim of George C. Cox, Incorporated, Houston, Texas,
in the amount of $2g,912.50;
(D) for construction of the water distribution
system, the claim of Mora Construction Company,
Fr•iendswood, Texas, in the amount of $22,843.98; and
WHEREAS, claims for professional and personal services
rendered in connection with such permanent improvements have
been submitted, as follows:
(E) for performing all engineering services, the
claim of Walsh and McLaren, professional engineers,
Angleton, Texas, in the amount of $7,138.61;
(F) for performing all fiscal services, the claim
of Eddleman, Pollok & Fosdick, Inc., Houston, Texas, in
the amount of $2,070.40;
(G) for performing legal services, the claim of
Vinson, Elkins, Weems & Searls, Houston, Texas, in the
amount of $1,200.00; and
WHEREAS, all of the claims mentioned above are attached
hereto as Exhibits A through G, respectively, and are made a
part hereof as if fully written herein; and
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WHEREAS, said claims A through D, respectively, have
been approved by Walsh and McLaren, the engineers for the
City of Pearland, and this City Council hereby affirmatively
finds that the City of Pearland has actually received the full
benefits arising from said claims and to the full extent of
the time warrants which are hereinafter authorized to be
delivered to evidence the indebtedness of the City on said
claims A through D; and
WHEREAS, said claims E throug� G for professional and
personal services are hereby affirmatively found by this City
Council to be valid claims to the full extent of the time
warrants which are hereinafter authorized to be delivered to
evidence the indebtedness of the City on said claims; and
WHEREAS, no person, firm, corporation, or trust estate
has given notice in writing, or otherwise, to said City, or to
any official thereof, of any liens for any material,
appurtenances, fixtures, machinery, or labor furnished to
said contractors, as provided by Chapter 17, Acts of the 39th
Legislature (Artiele 5472a, V.A.T.S.), or any other law; and,
further, the City of Pearland does not hold a claim of any
kind or character which might be properly charged or inter-
posed as an offset or counterclaim to the payment of said
claims; and
WHEREAS, it was provided in said resolution adopted on
the 18th day of June, 1964 that payment for said contracts
and said claims should be made by the issuance of the time
warrants hereinabove mentioned; and
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WHEREAS, said claims have been assigned, without discount,
to Eddleman, Pollok & Fosdick, Inc., Houston, Texas, and the
City wishes to recognize the validity of such assignments; and
, WHEREAS, the City Council also wishes to approve said
claims and to authorize the payment thereof by the issuance
and delivery of certain of said time warrants mentioned above
in the aggregate amount of $105,000, leaving the additional
$5go.4g to be paid by said City in cash; Therefore,
� BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section l:
That the statements and recitations contained in the
preamble to this resolution are hereby affirmatively found to
be true and correct.
Section 2:
That said claims mentioned in the preamble of this reso-
lution, and fully set forth in Exhibits A, B, C, D, E, F and G,
respectively, as mentioned in said preamble shall be, and the
same are hereby approved and allowed, and the City of Pearland
hereby acknowledgeS receipt of the full benefits represented
by said claims to the full extent thereof and to the full
extent of the City's time warrants to be delivered as herein-
after provided, and the City hereby recognizes and approves
the transfers and assignmentw of said claims and accounts, as
shown in said Exhibits, to Eddleman, Pollok & Fosdick, Inc.,
Houston, Texas.
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Section 3:
That it is hereby affirmatively found and de.clared that
the City of Pearland has received full benefit of the labor,
materials, supplies, machinery, equipment, tools and superin-
tendence of said claims and accounts, as shown in said Fxhibits
A through D, respectively, to the full extent thereof, and to
the full amount of the time warrants authorized hereinafter
in this resolution to be delivered.
Section 4:
That it is hereby affirmatively found and declared that
the City of Pearland is now justly indebted to the claimants
as shown in said Exhibits E through G, respeetively, for
personal and professional services, to the full extent thereof,
and to the full amount of the time warrants authorized herein-
after in this resolution to be delivered.
Section 5:
That said claims, as shown in said Exhibits A through G,
respectively, have been assigned, without discount, to
Eddleman, Po31ok & Fosdick, Inc., Houston, Texas, and there
is now due and owing to the said Eddleman, Pollok & Fosdick,
Inc., the amount of $105 ,5go.4g.
Section 6:
That there shall be executed and delivered to said
Eddleman, Pollok & Fosdick, Inc., warrants numbers 1 to 105,
both inclusive, aggregating $105,000, in the denomination of
$1,000 each, of the City of Pearland Waterworks System Time
Warrants, Series 1964 dated June 15 1g64 and the sum of
�C�
$59�.�9 shall be paid to the said Eddleman, Pollok & Fosdick,
Inc. forthwith in cash out of current available funds of the
City presently on hand for that purpose.
Section 7:
That the Mayor, City Secretary and City Treasurer are
hereby authorized and directed to execute and deliver said
warrants above mentioned, and to make the cash disbursement
and payment above mentioned, and to do any and all other things
necessary or convenient to carry out the terms of this
resolution.
Section 8:
That the warrant purpose now having been entirely
satisfied, warrants numbers 106 to 110, both inclusive,
aggregating $5,000, of said City of Pearland Waterworks System
Time Warrants, Series 1g64, shall never be executed or issued,
and said warrants shall be destroyed by the City Secretary.
Section g:
That this resolution shall take effect from and after
its passage.
PASSED AND APPROVED this 21st day of December, 1964
ATTESTe
.�� , ���,�
City Secretary, City of
Pear_larld, Texas.
(SEAL)
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