Loading...
R78-38 09-25-78THE 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 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 Dennis Frauenberger Harry Farley Fran Coppinger Morris S. Wilson Carlton McComb Dorothy L. Cook and all of said person were sentees: thus constituting a quorum. the following was transacted lution entitled: Mayor Councilman Councilman Councilman Councilman Councilman City Secretary present, except the following ab- hereupon, among other business, at said meeting: a written reso- 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: r J RESOLUTION NO. R78-38 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 June 14, 1976, found that it was necessary and desirable for the City to purchase materials and supplies for improving the roads, bridges and streets of the City, to -wit: (1) base material and fill; (2) hot -mix asphalt surfacing material; and (3) bridge construction materials and supplies, and that certificates of obligation 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 con- tracts, for the purchase of such materials and supplies would be let and due and proper notice of its intention to issue such certificates of obligation; and WHEREAS, the City Council thereafter awarded a contract to CHENNAULT MATERIALS, INC., Houston, Texas (the "Contractor") in the amount of $74,450.00, as the lowest and best bid for the furnishing of'the base material and fill and the Contractor at the time of the receipt of such bid elected to assign such cer- tificates 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 for furnishing such materials and supplies; 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: AMOUNT TO BE AMOUNT TO BE CLAIMANT PAID NOW CARRIED FORWARD Chennault Materials, Inc. $4,000.00 $956.20 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 -2- • full extent of the certificates of obligation herein. authorized to be delivered; and the City hereby recognizes and approves 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 $4,000.00 and to the Contractor the sum of $956.20. Section 4. There shall be executed and delivered to said bank Certificates Nos. 100 through 103, both inclusive, aggre- gating $4,000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976-A, dated July 1, 1976, and the sum of $956.20 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 25th day of September, 1978. ATTEST: 1/c2eyyfr Mayor CITY OF PEARLAND, TEXAS .ity Secreta CITY OF PEA (SEAL) ND, TEXAS -3- • J - � 1 . EXHIBIT "A" Claim No. 6 Dated: September 25 , 1978 of Chennault Materials , Inc. (the "Contractor") , against the City of Pearland, Texas (the "City") , as per contract in the amount of $74, 450 . 00, between the City and the Contractor: 1. Total completed to date $61 ,956. 20 2 . Less previous payments $57 , 000 . 00 3 . Current payment due $ a , 956 . 20 4 . Amount to be paid Contractor by issuance of Certificates of Obligation $ 4 , 000 . 00 5. Carry-over to next claim $ 956 . 20 The amount shown in line 3 above represents our claim against the City of Pearland, Texas, for furnishing materials and supplies under and in conformity with the terms and condi- tions of the contract described above; and $4 , 000 . 00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas . CHENNAULT MATERIALS , INC . (Authorized Representativ6) = (TIt16-1 All materials and supplies represented by the claim shown in line 3 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 , • 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 day of September, 1978 , we delivered to Pearland State Bank, Pearland, Texas , the following: CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES 1976-A, dated July 1, 1976, numbered consecutively from 100 through 103 , both inclusive, in the denomination of $1, 000 each, aggregating $4 , 000 , bearing interest at the rate of 6 . 25% per annum, and maturing serially in their numerical order on August 1 as follows : S $4 , 000 1989 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 Cit as of the date shown above. City Trea urer Mayor (CITY SEAL) f10—/�' / Ci y Secretary _I) - 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 Pearland, T xas ignature of fficer) (BANK, SEAL) Cashier (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 $4 , 000 , said claim having been assigned to us , without discount, by Chennault Materials, Inc. PEARLAND STATE BANK ' Pearl , Texas r By . ignature of 0 ficer) ' (TANK SEAL)' Cashier (Title of Officer) 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 25th day of September, 1978 , at 7: 30 p.m. in the : City Hall Pearland, Texas for the purpose of adopting a resolution approving claim and authorizing the issuance of Certificates of Obligation, Series 1976-A, 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 a� day of September, 1978 . /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) CERTIFICATE OF POSTING OF NOTICE OF MEETING • THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND 0 § 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 /e o ' clock , .m. on the day of ,.114?,f� , 1978 , in a place readily accessible to the eneral 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.. City Secretary CITY OF PEARLA D, TEXAS (SEAL) 4 • 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 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 25th day of September, *71 . )ZIkre,_ City S r) ar Mayor (SEAL) • THE STATE OF TEXAS 5 COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND 5 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 Councilman Morris S . Wilson Councilman Carlton McComb Councilman Dorothy L. Cook City Secretary and all of sad persons were present, exce t the following ab- sentees: thus constituter a quorum. Whereupon, among other business, the following was transacted at said meeting : a written reso- lution 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 June 14 , 1976 , found that it was necessary and desirable for the City to purchase materials and supplies for improving the roads , bridges and streets of the City, to-wit: (1) base material and fill; (2) hot-mix asphalt surfacing material; and (3) bridge construction materials and supplies , and that certificates of obligation 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 con- tracts, for the purchase of such materials and supplies would be let and due and proper notice of its intention to issue such certificates of obligation; and WHEREAS, the City Council thereafter awarded a contract to CHENNAULT MATERIALS , INC. , Houston, Texas (the "Contractor") in the amount of $74, 450 . 00 , as the lowest and best bid for the furnishing of the base material and fill and the Contractor at the time of the receipt of such bid elected to assign such cer- tificates 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 for furnishing such materials and supplies ; 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: AMOUNT TO BE AMOUNT TO BE CLAIMANT PAID NOW CARRIED FORWARD Chennault Materials , Inc. $4, 000 . 00 $956 . 20 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 -2- full extent of the certificates of obligation herein authorized to be delivered; and the City hereby recognizes and approves 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 $4, 000 . 00 and to the Contractor the sum of $956 . 20 . Section 4 . . There shall be executed and delivered to said bank Certificates Nos . 100 through 103 , both inclusive, aggre- gating $4, 000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976-A, dated July 1, 1976, and the sum of $956 . 20 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 25th day of September, 1978 . /s/ Tom Reid ATTEST: Mayor CITY OF PEARLAND, TEXAS /s/ _ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) . -3- N . EXHIBIT "A" Claim No. 6 Dated: September 25 , 1978 of Chennault Materials, Inc. (the "Contractor") , against the City of Pearland, Texas (the "City") , as per contract in the amount of $74 , 450 . 00, between the City and the Contractor: 1. Total completed to date $61 ,956 . 20 2 . Less previous payments $57 , 000 . 00 3 . Current payment due $ d , 956 . 20 4 . Amount to be paid Contractor by issuance of Certificates of Obligation $ 4 , 000 . 00 5. Carry-over to next claim $ 956 . 20 The amount shown in line 3 above represents our claim against the City of Pearland, Texas, for furnishing materials . and supplies under and in conformity with the terms and condi- tions of the contract described above; and $4 , 000 . 00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas . CHENNAULT MATERIALS , INC . By (Authorized Representative) (SEAL) (Title) All materials and supplies represented by the claim shown in line 3 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 idimaik,: •Itiv_alce - -A-, 11! , :--- _ • , , :,„ 1.,_ . '1 ' Chennault Material Inc.. No. . Date Sept-ember 18, 1978 • SoldTO City of Pearland , - . Shipped to Choate Rd. 1 1 IN • ' • , i•I . 1 III • ----------------- - - --- .....1 Your Order No. Our Order No. • ••• Salesman Date Shipped Shipped VIA . F.O.B. OLD-. .O.B. Terms I' .i Quantity Quantity , Ordered Shipped . Stock Number/Description Price Per Amount • •- . , L• 756 yds '.'i@ $ 5.95 per. yd. $ 4,498.20 . ' . . . , . , - • ! - --.... .'4,498.20 NonJones , ,ORM 44-001 3-PARr NT.ED IN U.SA ' arklanall / . . . . Invoice •••.