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R78-39 09-25-78Y THE STATE OF TEXAS X COUNTIES OF BRAZORIA AND HARRIS X CITY OF PEARLAND X The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 25th day of September, 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 Councilwoman Morris S. Wilson Councilman Carlton McComb Councilman Dorothy L. Cook City Secretary and all of said persons were present, except the following absentees: Councilman Harry Farley , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written Resolution entitled: A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICES CONTRACT (COMPREHENSIVE DEVELOPMENT PLAN UPDATE) FOR THE CITY OF PEARLAND, TEXAS; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIM; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. (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. R78-39 A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICES CONTRACT (COMPREHENSIVE DEVELOPMENT PLAN UPDATE) FOR THE CITY OF PEARLAND, TEXAS; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIM; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. WHEREAS, the City Council of the City of Pearland, Texas, passed and approved Ordinance No. 376 on the 10th day of April, 1978 authorizing the issuance of City of Pearland Personal Services Contract (Comprehensive Development Plan Update) Time Warrants, Series 1978, in the principal sum of $21,000.00 for the purpose of evidencing the indebtedness of the said City for all or any part of the cost of Personal Services for updating the Comprehensive Development Plan of the City. WHEREAS, claim for the personal services has been submitted by Marmon, Mok, and Green, Inc. as follows: For professional services rendered, Planning services April 10, 1978 to July 10, 1978 Amount $7,000.00 WHEREAS, the claim of Marmon, Mok, and Green mentioned above is attached hereto as "Exhibit A" and made a part hereof as if fully written herein, and WHEREAS, the claim "Exhibit A" has been approved by the City Manager, William E. Wolff of the City of Pearland, Texas, and this City Council affirmatively finds that the City of Pearland has actually received the full benefit arising from said claim and the full extent of the Time Warrants which are hereinafter authorized to be delivered to evidence the indebtedness of .the City on such claim, 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 lien for any material, appurtenances, fixtures, machinery, or labor furnished by said Vendor as provided in Chapter 17, Acts of the 39th Legislature (Article 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 interposed as an offset or counterclaim to the payment of said claim, and WHEREAS, it was provided in said ordinance adopted on the 10th day of April, 1978, that payment for said contract of said claim should be made by issuance of Time Warrants hereinabove mentioned, and WHEREAS, the City Council wishes to approve said claim and to authorize the payment thereof by issuance and delivery of a Time Warrant mentioned above in the aggregate amount of $7,000.00. TEXAS: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, I. That the statements and recitations contained in the preamble of this Resolution are hereby affirmatively found to be true and correct. 'S II. That said claim mentioned in the preamble to this Resolution and set forth in "Exhibit A" in the amount of $7,000.00, shall be, and the same is hereby approved and allowed, and the City of Pearland hereby acknowledges receipt of the full benefits represented by said claim to the full extent of the City's Time Warrant to be delivered as hereinafter provided. That is is hereby affirmatively found and declared that the City of Pearland has received full benefit for merchandise of said claim and account, as shown on "Exhibit A", to the full extent thereof, and to the full amount of the Time Warrant authorized hereinafter in the resolution to be delivered. IV. That.there shall be executed and delivered to said Marmon, Mok, and Green, Inc., Warrant No. 1 in the denomination of $7,000.00 of the City of Pearland Personal Services Contract (Comprehensive Development Plan Update) Time Warrant, Series 1978. V. That this resolution shall take effect from and after its passage. PASSED AND APPROVED THIS ! ,j day of A. D., 1978. ATTEST: e rfr t t2s Mayor, City of Pearland City Secretary i r eL ' a MARMON, MOK & GREEN, INC. PLANNING CONSULTANTS • LANDSCAPE ARCHITECTS September 12, 1978 - Original Statement dated August 10, 1978 INVOICE # 936 (Duplicate) To: City of Pearland - P. O. Box 1157 Pearland, Texas 77581 Attention: Mrs. Thompson Re: Pearland Topic Update MM&G, Inc. Project No. 7815 From: Marmon, Mok & Green, Inc. 4140 Southwest Freeway, Suite 207 Houston, Texas 77027 FOR PROFESSIONAL SERVICES RENDERED Planning Services April 10, 1978 to July 10, 1978 Now Due $7000.00 Please Refer To Invoice Number With Payment • 4140 SOUTHWEST FREEWAY SUITE 207 • HOUSTON,TEXAS 77027 • (713) 623-4700 ' ' ^ �N�^ �- � �`� - ~ ' ` 1y � �� � - ` . � � � _- __ -__- - __--_� - -- __' _ _~-- - _ -_ '__ _-_.' ___ -_-__- __� -___^___'- - . ^ ' . . ' ' . . ` _-- ___ �- -__ __' -_ -_- _ _ ' -_' --_- __ -- _ -^___� -__ - --- _'-_-�-_ --�-_-' , . . . ` , . ' . , ' ' , ^ ASSIGNMENT WARRANT NO. r THE STATE OF TEXAS COUNTIES OF BRAZORIA $ HARRIS CITY OF PEARLAND Marmon, Mok, and Green, Inc. for and in consideration of the sum of - Seven Thousand and No/100 .($7,000.00) Dollars to it in hand paid by Mr. or Mrs. George V. Hastings of Pearland, Texas, the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto said Mr. or Mrs. George V. Hastings, their successors and assigns, the claim of Marmon, Mok, and Green, Inc. , in the sum of $7,000.00, against the City of Pearland, Texas, as partial payment of the amount of claim due said Marmon, Mok, and Green, Inc. under Invoice dated September 12, 1978, for Professional Services Rendered for updating the Comprehensive Development Plan of the City, together with the right of said Marmon, Mok, and Green, Inc. to a like amount of City of Pearland Personal Services Contract (Comprehensive Development Plan Update) Time Warrants, Series 1978, dated April 1, 1978. Executed at tM7 0i /v this day of &M. L , A. D. , 1978. MAGI N, AND GRE N, INC. By. m6 -1W - Title: 3 � Jam_ AT`?ESQ Secretary/Assistant