R78-35 08-28-78THE 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 28th day of
August, 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 persons were
sentees: /Ame6L
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
City Secretary
present, except the following ab -
thus constituting a quorum.
the following was transacted
lution entitled:
Whereupon, 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:
RESOLUTION NO. R78-35
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. 5, 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. $14,000.00 $458.00
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-
n
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 $14,000.00 and to the Contractor the sum of $458.00.
Section 4. There shall be executed and delivered to said
bank Certificates Nos. 86 through 99, both inclusive, aggre-
gating $14,000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 1976-A, dated July 1, 1976, and the sum
of $458.00 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 28th day of August, 1978.
ATTEST:
City Secret
CITY OF PEi A TEXAS
(SEAL)
Mayor
CITY OF PEARLAND, TEXAS
-3-
r
EXHIBIT "A"
Claim No . 5 Dated: August 28 , 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 $57 ,458 . 00
2. Less previous payments $43,000 . 00
3 . Current payment due $14 ,458 . 00
4 . Amount to be paid Contractor' by issuance
of Certificates of Obligation $14,000 . 00
5. Carry-over to next claim $ 458 . 00
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 $14 ,000 . 00 of such
claim has been and is hereby assigned in full, without discount ,
to Pearland State Bank, Pearland,1Texas .
CHENNAULT MATERIALS INC .
BY
' (A hori wed Representative)
-(ZEAV)
'✓ '� (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 111 joir_awt, Exr,ext... t,
Ir
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 28th day of August, 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 24th
day of August , 1978 .
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND , TEXAS
(SEAL)
/4116)
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
1:30 o ' clock on the 24th day of August , 1978 ,
in a place readily accessible to the general public at all
times, to-wit : Bulletin Board
, in the City Hall of the City .
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this
24th day of Auglist , 1978
City Secretar
CITY OF PEA AND, TEXAS
(SEAL)
(111.\ .
DELIVERY CERTIFICATE
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS ii
We, the undersigned, officers of the City Council of the City of
Pearland, Texas , certify that on the 27' day of August , 1978 , we de-
livered 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 86
through 99, both inclusive, in the denomination of $1, 000
each, aggregating $14,000 , bearing interest at the rate of
6 . 25% per annum, and maturing serially in their numerical
order on August 1 as follows :
$14 ,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 C ' as of the
date shown above .
a / I -441 Y ---- 367),--
City .Trea/ urer Mayor
4k.
(CITY- SEAL.) ,�_ ` i
- City' Secretary
The foregoing signatures of the Mayor,. City Se retary and City
Treasurer of the City of Pearland, Texas , are hereby certified to be
genuine .
PEARLAND STATE BANK
Pearla , Tex s
S ' ature of Officer)
(BANK SEAL) 01L res z cA(er
(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 $14,000, said claim having been assigned to us ,
without discount, by Chennault Materials , Inc .
PEARLAND STATE BANK ,
Pearland exas
By
- ( ig ture of Officer)
(BANK SEAL) (Ge,geS
(Title of Officer)
,�. ,.� Invoice
CHENNAULT MATERIALS CO. INC.
Box 728
Pearland, Texas 77581 No.
Date 8/21/78
Sold To City of Pearland Shipped to_Dixie Farm Rd.
a ..... - a
a a _
Your Order No. Our Order No. SalesmanJW �
Date Shipped I Shipped VIA F.O.B. ^!Terms
Quantity Quantity
Ordered Shipped Stock Number/Description Price Per Amount
2 324 Yards crushed concrete 5 95 yd $13,827 80
_ _-- L_ _�._
i -----d—
! _ s_ TOTAL ��� $13,827_ 80
z" i
_______ili__.-
....__)„._, _
, /427 ,,... _...„..,....„.
., ._, ,,,z-,.,, .L _,
IfdiisonJonee
l)GRAVLIME
• FORM 44-01S.a PART O P] �'�
Orrofomaa Invoice
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 28th day of August , 1978
City S tary Mayor
(SEAL)