R78-42 10-09-78;a r1- /2_'.
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 9th day of
October, 1978, at the City Hall, and the roll was called of
the duly constituted officers and members of the City Council
and the Assistant City Secretary of the City, to -wit:
Tom Reid
Dennis Frauenberger
Harry Farley
Fran Coppinger
Morris S. Wilson
Carlton McComb •
Loretta K. Bonin
and all of said persons were
sentees: None
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
Assistant City Secretary
present, except the following ab -
thus constituting a quorum.
the following was transacted
tion entitled:
Whereupon, among other business,
at said meeting: 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:
n
RESOLUTION NO. R78-42
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. 4, 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
fisk
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 hoid a claim of any kind or
character which might be properly charged or interposed as an
offset or counterclaim to the paymentof 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 $25,000.00 $4,319.50
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 $25,000.00 and to the Contractor the sum of $4,319.50.
Section 4. There shall be executed and delivered to said
bank Certificates Nos. 42 through 46, aggregating $25,000, of
the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
1978, dated May 1, 1978, and the sum of $4,319.50 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 9th day of October, 1978.
ATTEST:
(iU!o1.tiGi `l.
64?U4\
Assistant City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
Mayor
CITY OF PEARLAND, TEXAS
-3-
•
•
EXHIBIT "A"
•
Claim No. 4 Dated: October 9-, 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 $260 , 355 .00
2 . Less 10% retainage. . . . . . . . .. . . . .. 26 , 035 . 50
3. Less previous payments 205, 000 . 00
4 . Current payment due 29 , 319 . 50
5 . Amount to be paid Contractor by issuance
of Certificates of Obligation . . . . . . . . . 25, 000 . 00
6. Carry-over to next claim. . . . . . . . . . . 4, 319 . 50
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 $25, 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
Authorized Representative)
-csE-1126)
(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 O ,
• 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 /0 day of October, 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 42
through 46 , both inclusive, in the denomination of $5 ,000
each, aggregating $25 , 000, bearing interest at the rate of
. 5. 00% per annum, and maturing serially in their numerical
order on February 1 as follows :
$25,.000 1987
We further certify that, to our knowledge, there is no litigation
in any court, either pending or threatened, seeking to restrain or
enjoin the issuance of said certificates, the levy of taxes for the
payment 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 City as of the
date shown above.
moo. .2 G�Yyti16e2i
City Treasurer Mayor
(CITY SEAL)
Secretar
Y
The foregoing signatures of the Mayor, City Secretary and City
Treasurer of the City of Pearland, Texas , are hereby certified to be
genuine.
PEARLAND STATE BANK
Pear and, Texas
_ rt)ZNk,
(Signature of Officer)
(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 $25 , 000 , said claim having been assigned to us ,
without discount, by P. G. Bell Company.
PEARLAND STATE BANK
Pearland, Texas
BY . �J
• (Signature of Officer)
(BANK SEAL)
(Title of Officer)
•
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 9th day of October, 1978.
04-Q,ea s
Assistant City Secretary 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 9th day of
October, 1978, at the City Hall, and the roll was called of
the duly constituted officers and members of the City Council
and the Assistant 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
Loretta P. Bonin Assistant 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
and lawfully adopted. The Resolution thus adopted follows :
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS 5
COUNTIES . OF BRAZORIA AND HARRIS 5
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 . 4 , 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
(111
' 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 AMOUNT TO BE
CLAIMANT PAID NOW CARRIED FORWARD
P. G. Bell Company $25,000 . 00 $4 ,319 . 50
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-
I,
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 $25 , 000 .00 and to the Contractor the sum of $4, 319 ."50 .
Section 4. There shall be executed and delivered to said
bank Certificates Nos . 42 through 46 , aggregating $25, 000 , of
the CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES
1978, dated. May 1, 1978, and the sum of $4, 319 . 50 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 9th. day of October, 1978 .
/s/ Tom Reid
ATTEST:
Mayor
CITY OF PEARLAND , TEXAS '
/s/ Loretta R. Bonin
Assistant City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
-3-
EXHIBIT "A"
Claim No. 4 Dated: October 9 , 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 $260 , 355 . 00
2. Less 10a retainage 26,035 . 50
3 . Less previous payments 205, 000 . 00
4 . Current payment due 29 , 319 . 50
5 . Amount to be paid Contractor by issuance
of Certificates of Obligation 25, 000 . 00
6 . Carry-over to next claim 4 , 319 . 50
The amount shown in line 4 above represents our claim
1 against the City of Pearland, Texas , for performance under and
in conformity with the terms and conditions of the contract de-
scribed above; and $25, 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
4
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: 2 October, 19.78 APPLICATION NO: 4
•
•
ATTN: Mr. Malcolm Collins PERIOD FROM: 1 September, 1978 TO 30 September, 1978
( �-'l 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 . • ii 453,873.00
• Subsequent Change Orders ORIGINAL CONTRACT SUM $
Number Approved 0.00
(date) Net change by Change Orders $
• CONTRACT SUM TO DATE $ 453,873.00
TOTAL COMPLETED & STORED TO DATE $ 260,355.00
(Column G on G702A)
TOTALS RETAINAGE 10 • % $ 26,035 50
Net change by Change Orders $ or as noted in Column I on G702A
TOTAL EARNED LESS RETAINAGE $ 234,319.50 •
State of: • Texas County of: Harris •
The undersigned Contractor certifies that the Work covered by this Appli- LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 208,458.00
cation for Payment has been completed in accordance with the Contract
Documents, that all amounts have been paid by him for Work for which • 25,861.50
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. G. Bell Co. .Subscribed and swo to before me is 2nd .day of • October ,1978 •
Notary Public 44.44 e ,
My Commission.expires: arch Z, ,
By: Date: 2 October, 1978 «V// ,
accord nce with the Contract and this Application for Payment the Contractor is entitled to payment in the amount shown above. • ❑ OWNER
❑ ARCH!TECT-
\r tect: ENG/N6E/ C O F_ATCO) -r-NC , • D CONTRACTOR (1). '
BY: CZ.. ' ) 03 ❑xlil •:' Jim Gross (L)
•
, .
® tngiiieer (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 Coritractor'under th'cir Contract.
• AIA DOCUMENT G702 • APPLICATION AND CERTIFICATE FOR PAYMENT • MARCH 1971 EDITION • Aim) •
1971 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON,D. C.20006
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