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R78-48 11-13-78THE 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 13th day of November, 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 /prresee�nt, except the following ab- sentees: a/__.�.,,.,��„�A,/ Pe e8 -„1i , thus constituting a quorum. Whereupon, among the following was transacted at said meeting: tion entitled: other business, a written resolu- 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 NO. 1478-48 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 Councilthereafter 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. 5, 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 City, or to any official thereof, apparatus, fixtures, machinery or tractor as provided by Chapter 17 in writing or otherwise to the of any liens for any materials, labor furnished to the Con- , 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 AMOUNT TO BE PAID NOW CARRIED FORWARD $45,000.00 $3,330.40 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- n ss 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 $45,000.00 and to the Contractor the sum of $3,330.40. Section 4. There shall be executed and delivered to said bank Certificates Nos. 47 through 55, aggregating $45,000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978, dated May 1, 1978, and the sum of $3,330.40 shall be carried forward to the next delivery of such Certificates 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 13th day of November, 1978. ATTEST: City Secre CITY OF P (SEAL) y RLAND, TEXAS Mayor CITY OF PEARLAND, TEXAS -3- Afth.1 EXHIBIT "A" Claim No. 5 Dated: November 13 , 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 $309 , 256 . 00 2 . Less 1Oo retainage $ 30 , 925 . 60 3 . Less previous payments $230 , 000 . 00 4 . Current payment due' $ .48 , 330 . 40 5 . Amount to be paid Contractor by issuance of Certificates of Obligation $ 45 , 000 . 00 6 . Carry-over to next claim $ 3 , 330 . 40 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 de- scribed above; and $45 , 000 . 00 of such claim has been and is hereby assigned in full, without discount, to Pearland State • Bank, Pearland, Texas. P . G. BE L COMPAN _ - B .� uthorized Representative) - (.o'EAL-j- , (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 elit4 __ - --• — -- -—-- - _ ., _ .....,c.0% • 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 /6 day of November, 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 47 through 55, both inclusive, in the denomination. of $5, 000 each, aggregating $45, 000 , bearing interest at the rate of 5. 00% per annum, and maturing serially in their numerical order on February 1 as follows: $45, 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 . as of the date shown above. �i` City Tre.surer ✓ Mayor • (CITY SEAL) City Secretary ?-4' The foregoing signatures of the Mayor, City Secretary and City Treasurer of the City of Pearland, Texas , are hereby certified to be genuine. . P ND STATE BANK P ar nd, Tex s \ k`j* Signature of Officer) (BANK -SEAL) t \k' ;. (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 $45, 000 , said claim having been assigned to us, without discount, by P. G. Bell Company. • PEA;_.5 A 8 D STATE BANK P rl..\ , Texa A • K.:1) TELEPHONE (713) 485-2411 POST OFFICE BOX 1157 PEARLAND, TEXAS 77581 November 16, 1978 P.G. Bell P. O. Box 2651 Houston, Texas 77001 Attention: Mr. Jim Gross . Dear Mr. Gross: Enclosed is check no. 124408 in the amount of $45,000.00 for payment of Claim No. 5 assigned to Pearland State Bank, Pearland, Texas. Very truly yours, c� �~a Dorothy L. Co City Secreta lkb Enclosure • , , Y 4 CASHIEI 'S- CHECI . ,.'- e - City of_ .Pearland G.0. PEARLAND �.* , BANK r4 Mi.vg P PL^�"�Q t' • - i,PEARLAND, TEXAS Nov.. 16 1978 :'REMITTER, - DATE _ - $ 000.00 P PAY EARLANDIST E. �I .5 � - � . _ . .. BAN r ., t a AUTHORIZED SIGNATURE • ii1L244 0a u' ' �L13 Ion 2357I% o6.10 •64211' _.- • (121 • • • 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 13th day of November, 1978 ,' at 7 : 30 p.m. in the : City Hall • Pearland, Texas for the purpose of adopting a resolution approving change order and claim and authorizing issuance of Certificates of Obligation, Series 1978A, and for the purpose of conducting, considering and acting upon such other business as shall come befdre 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 /12 day of November , 1978 . /s/ Dorothy L. Cook • City Secretary CITY OF PEARLAND , TEXAS (SEAL) row, • • • • • • • • • ee 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 l/, o ' clock i9-.m. on the ✓v day of ,0,--) 4) , 1978 , In a place readily accessible too 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 ,a day of , 1978 . • 67-7 • ( �-amity Secreta CITY OF PEAR ND , TEXAS • '(SEAL) -_ - • 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 officers 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 13th day of November, 9 8 . • • 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 13th day of November, 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 : 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 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. 5 , 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 l or trust estate has given notice in writing or otherwise to the City, or to any official thereof, of any liens for any materials ,j 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 AMOUNT TO BE CLAIMANT PAID NOW CARRIED FORWARD P . G. Bell Company $45, 000 . 00 $3 , 330 . 40 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 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 $45, 000. 00 and to the Contractor the sum of $3, 330 . 40 . Section 4 . There shall be executed and delivered to said bank Certificates Nos. 47 through 55, aggregating $45, 000 , of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978, dated May 1, 1978 , and the sum of $3 , 330 . 40 shall be carried forward to the next delivery of such Certificates 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 13th day of November, 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. 5 Dated: November 13 , 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 $309 ,256 .00 2 . Less 10o retainage $ 30 , 925 . 60 3 . Less previous payments $230 ,000 . 00 4. Current payment due $ 48, 330 . 40 5 . Amount to be paid Contractor by issuance of Certificates of Obligation $ 45 , 000 .00 6 . Carry-over to next claim $ 3, 330 . 40 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 de- scribed above; and $45 , 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 ( I ' APPLICATION AND CERTIFICATE FOR ' PAYMENT AIA DOCUMENT G702 PAGE (.)NE OF PAGES P,RO)ECT: Swimming Pool, Pool Building & Appurtenances ARCHITECT: Coenco, Inc. , Consulting Engineers (name, address). Independence Park v Pearland, Texas ARCHITECT'S PROJECT NO: . TO (Owner) The City of Pearland . CONTRACTOR: P. C. Bell Co. ' Pearland, Texas • CONTRACT FOR: Construction of Swimming Pool, Pool Building and Appurtenances • • APPLICATION DATE: 2 November 1.978 APPLICATION NO: 5 . ATTN:• Mr—Malcolm Collins PERIOD FROM: l October, 1978 TO 31 October, 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 $ in previous months by The present status of the account for this Contract is as follows: Owner— TOTAL • 453,873.00 ORIGINAL CONTRACT SUM $ Subsequent Change Orders - Number Approved 0.00 (date) Net change by Change Orders 5 CONTRACT SUM TO DATE $ 453 873.00 TOTAL COMPLETED & STORED TO DATE $ 309,256.00 (Column G on G702A) TOTALS • RETAINAGE 10% $ 30,925.60 Net change by Change Orders $ or•as noted in Column I on G702A , TOTAL EARNED LESS RETAINAGE $ 278,330.40 State of: Texas County of: Harris • ) The iindersigned Contractor certifie's that the Work covered by this Appli- LESS PREVIOUS CERTIFICATES FOR PAYMENT S • 234,319.50 cation for Payment has been completed in accordance with the Contract Documents, that.all amounts have been paid by him for Work for which • previous Certificates for Payment were issued and payments received from • : CURRENT PAYMENT DUE $ 44,010.90 the Owner, and that the current payment shown herein is now due. Contractor: P. G. Bell Co. Subscribed and savor to before me thi 2nd • day ofNovember 19 78 . �n Notary Public: i/A.,.�V. /, My Commission expires: March 2, 19 By: ..� / ate: 2 November, 1978 (((/// accordance with the Contract and this Application for'Payment the Contractor is entitled to payment in the amount shown above. ❑ OWNER • -4.6c-6iteet•' ENGINEER.. ❑ ARCHITECT' © CONTRACTOR (1) By: C-O EA/C-0 MC ❑x Mr. Jim Gross (1) • E 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 • MAC . e: 1971 • THE AMERICAN INSTITUTE OF ARCHITECTS:1735 NEW YORK AVE.,'N.W.,WASHINGTON,D. C.20006 ' -.- --- -- ___ . --1 T.*'.. . . _-- .. , • . . -- •, •• ..-:-... .. ...- - .- . 1 /'-r---- .q, 1 . , ii.111...i_N_G E-S T.,1_11A__TE P. G. BELL CO. ., L M CO 0 1 jrir-k-0356 PPAPLAND POOL c--•:;i1.1CO. _ . ___ . ITEM 4:"1-•' OE SCR,1CPT ION iii- WORK 4:* .. . SCHEDULED' ,. :1* WOP,.K. C.C.:MPLETE0 •'';:'..T_DT.AL., CORP . ; . 9-ALANC8 . . . _ VALVE PR E V ItiLi S C. )R.RE•i\41 .. TO. DATE ' i)L TO P.f6ii S)--'I ) • . .• -COM. ... _ .• • . l 00 PDL - 22 3v 6,50 i_'?9 vOlti3 19-9,04-9 t'l .00 2fts 602 f ) k.)..2_0 Ct_ __D_E Cica t- t,,'A L'r''.,S 22 v 5.1 5 ' i:,,a_t 15 2?.q..,5 1 F 100.00 . . ., . . . .0 0300 FE.PsiC.. ING 6/900 : • • e.,,#900 } 1 . i 04 00 POOL BLDG 164v 908 57 t 7 1'7 2o 1 386 i2.141 1 03 51.00 ,) 1 •lk - , (y50Q _ PARK_Ii'SG .”•900 3 v 590 3, 590 10.00 32, 31,j ,Al• . . . . . • ' .. , . t . I ) J0,3 TOTALS 14531873 2601355 48,901 .3094256 t8. /0 144vb17. I .,e .1i• 1-• _____ 1 . i • 0 1 • ,---, , --- • .„ . . ) F . - - - ___ • — -- -- - . ;.. 1 )• t _ • 0 J ) - • . . . . . ) . ..-. . ..) ) • . . ... . . . . 1 -k io ! • . .a I , . . 1