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R78-50 12-18-78kewr87 No. 69'7f -50 THE STATE -OF TEXAS. § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 18th day of December, 1978, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary of the City, to -wit: Tom Reid Dennis Frauenberger Harry Farley Fran Coppinger Morris S. Wilson Carlton McComb Dorothy L. Cook Mayor Councilman Councilman Councilman Councilman Councilman City Secretary and all of said persons were present, except the following ab- sentees: thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written resolu- tion entitled: RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: NOES: None. All members of the City Council shown present above voted "Aye". The Mayor thereupon announced that the Resolution had been duly and lawfully adopted. The Resolution thus adopted follows: RESOLUTION NO. R78-50 RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), by resolution adopted February 27, 1978, found that it, was necessary and desirable for the City to construct and equip public works for the City, to -wit: swimming pools and appurtenances, and that certificates of obligation should be issued by the City for all or any part of the cost of same; and WHEREAS, the City Council gave due and proper noticeto bidders of the time and place when and where a contract, or contracts, for such construction and equipment would be let and due and proper notice of its intention to issue such cer- tificates of obligation; and WHEREAS, the City Council thereafter awarded a contract to P. G. BELL COMPANY, Houston, Texas (the "Contractor") in the amount.of $453,873.00, as the lowest and best bid for the furnishing of such construction and equipment and the Con- tractor at the time of the receipt of such bid elected to assign such certificates in payment for all or any part of the cost of the contract in accordance with the arrangements made by the City Council; and WHEREAS, the Contractor, as shown on n true copy of its Claim No. 6, attached hereto as Exhibit "A" and made a part hereof as if fully written herein, has submitted said claim pursuant to said contract; and WHEREAS, the City has received the full benefits of such contract represented by said claim to the full extent thereof and to the full extent of the certificates of obligation here- inafter authorized to be delivered; and no person, corporation or trust estate has given notice in writing or otherwise to the City, or -to any official thereof, of any liens for any materials', apparatus, fixtures, machinery or labor furnished to the Con- tractor as provided by Chapter 17, Acts of the Legislature of Texas, 1925 (Article 5472-a, Vernon's Texas Civil Statutes), or any other provision of law; and WHEREAS, the City does not hold a claim of any kind or character which might be properly charged or interposed as an offset or counterclaim to the payment of the aforesaid claim; and WHEREAS, said claim has been assigned to Pearland State Bank, Pearland, Texas, without discount, and said bank is now the legal owner and holder thereof; and WHEREAS, the City Council of the City wishes to approve said claim and authorize the payment thereof by the issuance and delivery of certain of said certificates of obligation, all as shown on said Exhibit "A" and as hereinafter set out: CLAIMANT P. G. Bell Company AMOUNT TO BE PAID BY ISSUANCE AMOUNT TO BE OF CERTIFICATES PAID IN CASH OF OBLIGATION BY CITY $15,000.00 $61,602.10 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: Section 1. _The matters and facts contained in the preamble of this resolution are hereby found and declared to be true and correct. • Section 2. The claim described in the preamble of this resolution and fully set forth in Exhibit "A" mentioned in said preamble shall be, and the same is hereby, approved and allowed, and the City hereby acknowledges receipt of the full benefits represented by said claim to the full extent thereof and to the full extent of the certificates of obligation herein authorized to be delivered; and the City hereby recognizes and approves the -2- transfer and assignment of said claim and -account to-Pearland State Bank, Pearland, Texas. Section 3. There is now due and owing to said bank the sum of $15,000.00 and to the Contractor the sum of $61,602.10. Section 4. There shall be executed and delivered to said bank Certificates Nos. 56 through 58, aggregating $15,000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978, dated May 1, 1978, and the sum of $61,602.10 shall be paid in cash by City out of available funds to the Contractor. Section 5. The Mayor, City Secretary, City Treasurer, and .other appropriate City officials, are hereby authorized and directed to deliver said Certificates above mentioned and to do any and all things necessary or convenient to carry out the terms of this resolution. PASSED AND APPROVED this 18th day of December, 1978. ATTEST: CityCity Secre CITY OF P (SEAL) ND, TEXAS Mayor CITY OF PEARLAND, TEXAS -3 • (MI) • , e EXHIBIT "A" Claim No. 6 Dated: December 18, 1978 of-P. G. Bell-Copay the "Contractor") , against the City of Pearland, Texas (the "City") , as per contract in the amount of $453, 873. 00, between the City and the Contractor: 1. Total completed to date $390, 669 .00 2. Less 10% retainage. . . . . . . . . . . . . $ 39, 066 .90 3 . Less previous payments $275, 000 .00 4. Current payment due $ 76, 602 .10 5. Amount to be paid Contractor by issuance of Certificates of Obligation $ 15, 000 . 00 6. Amount to be paid by City $ 61, 602 .10 The amount shown in line 4 above represents our claim against the City of Pearland, Texas, for performance under and • in conformity with the terms and conditions of the contract described •above; and $15, 000. 00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas . P. G : L COMPANY - By t orize/Rep esentative) - - sg3:11,)---- f (Title) All materials and supplies represented by the claim shown in line 4 above are in full accordance with the terms and con- ditions or the contract described above, and such claim is hereby in all things approved for payment by the City. MALCOLM A. COLLINS, ENGINEER BY 2914„&„4„, DELIVERY CERTIFICATE THE STATE OF TEXAS X COUNTIES OF BRAZORIA AND HARRIS X • We, the undersigned, officers of the City Council of the City of Pearland, Texas, certify that on the fir, day of December, 1978, we delivered to Pearland State Bank, Pearland, Texas , the following: CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES 1978, dated May 1, 1978 , numbered consecutively from 56 through 58, both inclusive, in the denomination of. $5,000 each, aggregating $15, 000, bearing interest at the rate of 5. 00% per annum, and maturing serially in their numerical order on February 1 as follows : $15, 000 1988 We further certify that, to our knowledge, there is no litigation in any court, either pending or threatened, seeking to restrain or en- join the issuance of said certificates , the levy of taxes for the pay- ment thereof, or attacking the validity of said certificates or the proceedings relating thereto, or the authority of the, City to issue the same or questioning or contesting the title of .the present officers of said City to their respective offices. We further certify that none of the proceedings authorizing the issuance and delivery of said cer- tificates have been repealed or rescinded; and no referendum petition has been filed with respect thereto. WITNESS our hands and the official seal of said C ' ty as of the date shown above. City Treasurer Mayor (CITY SEAL) City Secretary • The foregoing signatures of the Mayor, City ecretary and City Treasurer of the City of Pearland, Texas , are hereby certified to be genuine. A AND STATE BANK Pearland, exas /)QMA3 (Signature of fficer) (BANK SEAL) ' (Title of Officer) We hereby acknowledge receipt of the certificates described above, which certificates constitute full payment of our claim against said City in the amount of $15, 000 , said claim having been assigned to us, without discount, by P. G. Bell Company. PE D STATE BANK P arl d, Tex s .1b1K f B �-( ignature of Officer) f'‘ n 4R (s^ ^ le:' APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 PAGE ONE OF PAGES PROJECT: Swimming Pool, Pool Building & Appurtenances ARCHITECT: Coenco, Inc. , Consulting Engineers • (name, address) Independence Park • • Pearland, Texas • ARCHITECT'S PROJECT NO: . TO (Owner) The City of Pearland CONTRACTOR: P. G. Bell Co. Pearland, Texas ' • • • CONTRACT FOR: Construction of Swimming Pool, Pool Building • ' and Appurtenances APPLICATION DATE: 5 December 1978 APPLICATION NO: 6 ' cATTN: Mr. Malcolm Collins PERIOD FROM: • 1 November 1978 TO 30 November, 1978 • CHANGE ORDER SUMMARY Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet,AIA Document G702A, is attached. Change Orders approved ADDITIONS $ DEDUCTIONS S in previous months by The present status of the account for this Contract is as follows: Owner— TOTAL ORIGINAL CONTRACT SUM S' • 453,873.00 Subsequent Change Orders Number Approved 0.00 (date) Net change by Change Orders $ • • ' • CONTRACT SUM TO DATE $ 453,873.00 TOTAL COMPLETED & STORED TO DATE $ 390,669.00 • - (Column G on G702A) 9 TOTALS RETAINAGE /0 % '$ 3K,066.90 Net change by Change Orders $ or as noted in Column I on G702A • • TOTAL EARNED LESS RETAINAGE • $ • 351,602. 10 CState of: Texas • County of: Harris • The undersigned Contractor certifies that the Work covered by this'Appli- LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 278,330;40 cation for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by him for Work for which• 73,271. 70 previous Certificates for Payment were issued and payments received from CURRENT PAYMENT DUE $ the Owner, and that the current payment shown herein is now due. Contractor: P. C. Bell Co. Subscribed and savor jtt to before me�thiiss. 5th day of December , 19 78 • Notary Public:G/, - `11.41,/lC/ My Commission expires: arch 2 79 ' By: Date: 5 December 1978 • • • n•acco dance with the Contract and this Application (or Payment the Contractor is entitled to payment in the amount shown above. ' • ❑ OWNER . ENG12: �f E��® gyp— ❑ ARCHITECT 0 CONTRACTOR (1) By: •• ❑x Mr. Jim Gross (1) • , P. , ® Engineer (2.) This Certificate is not negotiable. It is payable only to the payee named herein and its issuance, payment and acceptance are without prejudice to any rights of the Owner or Contractor under their Contract. AIA DOCUMENT G702 • APPLICATION AND CERTIFICATE FOR PAYMENT • MARCH 1971 EDITION • AIA® . f3-1971 • THE AMERICAN !\STITUIL OF ARCHITECTS. 1735 NEW YORK AVE.. N.W. WASHINGTON.D. C.20006 41 • BILLING ESTIMATE DATE_ 11/3_9/78 . - / P. G. BELL CO. t 1 ; CO. 01 JOB-0356 PEARLAND POOL C ITEM ** DESCRIPTION OF WORK ** SCHEDULED ‘,. ;:= WORK COMPLETED *O TOTAL COMP ' ( i NO VALVE PREVIOUS CURRENT TO DATE COMPL TO FINISH i 0100 POOL 2239650 _ 1999 048 139 419 2129467 95.00 119183 tt ; k 1 0200 DECKS & WALKS 229 515 229 515 229 515 100.00 _ ___ u^' _ . 0300 FENCING 69 900 69900 69900 100.00 , . -------------- ,. , , 0400 POOL 73LDG 164,908 -349 103 569 068 1409171 85.00 249 737 4 (, 0500 PARKING 359900 39 590 5 9 026B 9_616_24.00 It t JO? TOTALS 4539 873 3099 256 819413 3909 669 86.10 639 204 ( ' 4 ( 4 _ --------- L I t 1 # 4- -, t. . __ _. ___-_-_-_- it 4_ t , ( 1 C - , 1 CERTIFICATE FOR RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § We, the undersigned officers of the CITY OF PEARLAND, TEXAS (the "City") , do hereby certify as follows : 1. That we are the duly chosen, qualified and acting offi- cers of the City for the offices shown below our signatures and that as such we are familiar with the facts herein certified. 2 . That there is attached to and follows this certificate an excerpt of proceedings from the minutes of a meeting of the City Council of the City (the "City Council") which is a true, full and complete excerpt of all proceedings from the minutes of the City Council pertaining to the adoption of the resolution de- scribed therein; and that the persons named in such excerpt as the officers and members of the City Council or as officers of the City are the duly chosen, qualified and acting officers and members as indicated therein. 3 . That a true and complete copy of the resolution (the "Resolution") , as adopted at the meeting described in such excerpt from the minutes , is attached to and follows such excerpt. 4 . That the Resolution has been duly and lawfully adopted by the City Council and that the Mayor of the City has approved, and hereby approves, the Resolution; that the Mayor and the City Secretary of the City have duly signed and attested the Resolution and each, respectively, hereby declares that the signing of this certificate shall also constitute the signing of the Resolution for all purposes; and that the Resolution, as signed, has been duly recorded in the minutes of the City Council for such meeting. 5 . That each of the officers and members of the City Council was duly and sufficiently notified officially and per- sonally, in advance, of the date, hour, place and subject of such meeting of the City Council, and that the Resolution would be introduced and considered for passage at such meeting, and each of such officers and members consented, in advance, to the holding of such meeting to consider and act upon such subject. 6 . That written ' notice of the meeting of the City Council described in the excerpt from the minutes was posted in the form and manner required by law; and that such meeting was open to the public as required by law at all times during which the Resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Article 6252-17, Vernon' s Texas Civil Statutes, as amended. SIGNED AND SEALED this 18th day of December, 1 City beta y Mayor (SEAL) • THE STATE- OF TEXAS. § • COUNTIES OF BRAZORIA AND HARRIS § CITY OF • PEARLAND § The City Council of the City of Pearland, Texas , convened in regular meeting, open to the public, on the 18th day of December, 1978, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary of the City, to-wit: Tom Reid Mayor Dennis Frauenberger Councilman Harry Farley Councilman Fran Coppinger Councilman Morris S . Wilson Councilman Carlton McComb Councilman Dorothy L. Cook . . City Secretary and all of said persons were present, except the following ab- sentees : '2 47 1 thus constituting a quorum. Whereupon, among other business , the following was transacted at said meeting: a written resolu- tion entitled: • RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES : All members of the City Council shown present above voted "Aye" . NOES : None. The Mayor thereupon announced that the Resolution had been duly and lawfully adopted. The Resolution thus adopted follows : RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION • THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City") , by resolution adopted February 27, 1978, found that it was necessary and desirable for the City to construct and equip public works for the City, to-wit:. swimming pools and appurtenances , and that certificates of obligation should be issued by the City for all or any part of the cost of same; and • WHEREAS, the City Council gave due and proper notice to bidders of the time and place when and where a contract, or contracts, for such construction and equipment would be let and due and proper notice of its intention to issue such cer- tificates of. obligation; and WHEREAS, the City Council thereafter awarded a contract to P. G. BELL COMPANY, Houston, Texas. (the . "Contractor") in the amount of $453 , 873 .00, as the lowest and best bid for the furnishing of such construction and equipment and the Con- tractor at the time of the receipt of such bid elected to assign such certificates in payment for all or any part of the cost of the contract in accordance _with .the. arrangements made _ by the City Council; and WHEREAS, the Contractor, as shown on a true copy of its Claim No. 6 , attached hereto as Exhibit "A" and made a part hereof as if' fully written herein, has submitted said claim pursuant to said contract; and WHEREAS, the City has received the full benefits of such contract represented by said claim to the full extent thereof or trust estate has given notice in writing or otherwise to the . City, or-to any official thereof, of any liens for any materials, apparatus, fixtures, machinery or labor furnished to the Con- tractor as provided by Chapter 17, Acts of the Legislature of. •Texas, 1925 (Article 5472-a, Vernon's Texas Civil Statutes) , or any other provision of law; and WHEREAS, the City does . not hold a claim of any kind or character which might. be properly charged or interposed as an offset or counterclaim to the payment of the aforesaid claim;.. and WHEREAS, said claim has been assigned' to Pearland State • Bank,. Pearland, Texas, without discount, and said bank is now the legal owner and holder .thereof; and WHEREAS, the City Council of . the City wishes to approve said claim and authorize the payment thereof by. the issuance and delivery of certain of -said certificates of Obligation, . all as shown on said Exhibit "A" and as hereinafter set out: AMOUNT TO BE PAID BY ISSUANCE AMOUNT TO BE OF CERTIFICATES PAID IN CASH • CLAIMANT OF OBLIGATION BY CITY P. G. Bell .Company $15, 000 . 00 $61,602 .10 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: Section 1. . The matters and facts contained in the preamble of this resolution are hereby found and declared to be true and • correct. Section 2. The claim- described in 'the preamble of this resolution and fully set forth in Exhibit "A" mentioned in said preamble shall be, and the same is hereby, approved and allowed, and the City hereby acknowledges receipt of the full benefits represented by said claim to the full extent thereof and to the ` - -. - .. r.!.,.cac8waupx.t:o .. -...:. .rx>nwypaAxas.ii;. ..- -•,,�sae �,---1 • H. • 1 transfer and assignment of said claim and account to Pearland State Bank, Pearland, Texas.. Section 3 . There is now due and owing to, said bank the sum of $15, 000. 00 and to the Contractor the sum of $61, 602 . 10 . Section 4. There shall be. executed and delivered to said bank Certificates Nos. 56 through 58 , aggregating $15,000 , of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978, dated May 1, 1978, and the sum of $61, 602 .10 shall be paid in cash by City out of available funds to the Contractor. Section 5. The Mayor, .City Secretary, City Treasurer, and other appropriate City officials, are hereby authorized and directed to deliver said Certificates above mentioned and to do any and all things necessary or convenient to carry out the terms of this resolution. PASSED AND APPROVED this 18th day of December, 1978 . /s/ Tom Reid . ATTEST: Mayor . CITY OF PEARLAND, TEXAS /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS. (SEAL) • • • EXHIBIT "A" Claim No. 6 Dated: December 18, 1978 of P. G. Bell Company (the "Contractor") , against the City of Pearland, Texas (the "City".) , as per contract in the amount of $453, 873. 00, between the City and the Contractor: 1. . Total completed to date $390, 669 .00 2. Less 10% retainage $ 39,066.90 3. Less previous payments _ $275,000.00 4. Current payment due . $ 76, 602 .10 5. Amount to be paid Contractor by issuance of Certificates of Obligation $ 15, 000. 00 6. Amount to be paid by City .. . . $ 61, 602 .10 The amount shown in line 4 above represents our claim against. the City of Pearland, Texas, for performance under and in conformity withthe terms and conditions of the contract described above, and $1.5, 000. 00 of such claim has been and is ' hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas: P. G. BELL COMPANY By (Authorized Representative) (SEAL), (Title) All materials and supplies represented by the claim shown in line 4 above are in full accordance with the, terms and con- ditions of the contract described above, and such claim is hereby in all things approved for payment by the City. MALCOLM A. COLLINS, ENGINEER By yr Tdipj • ,..I6 ) NOTICE OF MEETING • • THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § NOTICE is hereby given of a meeting of the City Council of the CITY OF PEARLAND, Brazoria and Harris Counties , Texas (the 'City") , to be held on the 18th day of December, 1978, at 7:30 p.m. in the: City Hall • Pearland, Texas for the purpose of adopting a resolution approving claim and authorizing issuance of.-Certificates of ' Obligation, Series 1978, and for the purpose of conducting, considering and acting upon such other business as shall come before the meeting. The need of the City for such financing creates an emer- gency and an urgent public necessity for the holding of the meeting and for the adoption of such resolution at the meeting. WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this 4 day of December, '1978 . /s/ Dorothy L. Cook City Secretary • CITY OF PEARLAND, TEXAS (SEAL) • , ,--4) • , . • • • • • CERTIFICATE OF POSTING OF NOTICE OF MEETING THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § • • CITY OF PEARLAND • • § . I, the undersigned officer of the CITY OF PEARLAND, Brazoria and Harris Counties , Texas (the "City.") , do hereby execute this certificate for the benefit of all persons in- terested in the posting of. notice of a meeting of the City Council of the City as required by the Open Meetings Act . (Article 6252-17, Vernon's Texas Civil Statutes , as amended) and the. validity of all actions and proceedings taken at such meeting and I do hereby certify as follows : 1. I am the duly chosen, qualified and acting officer of the City for -the office shown beneath my signature, and in such capacity I am familiar with the matters contained in this certificate. • 2 . The attached and foregoing is a true and correct • . copy of the Notice of Meeting which was posted by me at 9; 3,, o ' clock 4 .m. on the is-- day of - , 1978 , in a place readily -accessible to the general public at all . times , to-wit: , in the City Hall of the City. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this `5- day of , 42 . , 1978. • • City Secretary • CITY. OF PEARND, TEXAS • (SEAL)