R78-23 07-17-78•
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas, convened
in special meeting, open to the public, on the 17th day of
July, J978, at the City Hall, and the roll was called of the
duly constituted officers and members of the City Council ar:d
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 present, except the following ab-
sentees: Councilman Dennis Frauenberger
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said meeting: a written resclu-
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 NO. R78-23
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 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 Contractor
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. 1, 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 he 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
P. G. Bell Company
$5,000.00 $1,684.30
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 $5,000.00 and to the Contractor the sum of $1,684.30.
Section 4. There shall be executed and delivered to said
bank Certificate No. 1, aggregating $5,000, of the CITY OF
PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978,
dated May 1, 1978, and the sum of $1,684.30 shall be carried
forward to the next delivery of such Certificates to the Con-
tractor.
Section 5. The Mayor, City Secretary, City Treasurer,
and other appropriate City officials, are hereby authorized and
directed to deliver said Certificate above mentioned,and to do
any and all things necessary or convenient to carry out the
terms of this resolution.
PASSED AND APPROVED this 17th day of July 1978.
ATTEST:
Mayor
CITY OF PEARLAND, TEXAS
D
City-Secretar
CITY OF -PEAR » ND, TEXAS
(SEAL)
_ _
EXHIBIT "A"
Claim No . 1 Dated : July 17, 19'. 3
of P. G . Bell Company (the "Contractor" ) , against the City of
Pearlana, Texas (the "City") , as per contract in the aiaount
o $453, 873 . 00 , between the. City and the Contractor :
1. Total completed to date $7 , 427 . 00
2 . Less previous payments None
3 : Le. s 10% retainage 742 . 70
4 . Current payment due 6 ,584 :30
5 . Amount to be paid Contractor by issuance
of Certificates of Obligation E , 000 . 00
6 . Carry-over to next claim 1,684 . 30
The amount shown in line 4 above represents our claim-
aga.tnst the City of Pearland, Texas , for performance under and
in conf=ity with the terms and conditions of the contract
de -crihed above : and $r, 000 . 00 of such claim gas been and. is
hereby assigned in full, wthoat discount , to Pearland State
Bank, Pearland, Texas .
P . G . BELL COMPANY
41
(Authoriz , Representative )
(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
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• APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G7'02 PAGE ONE OF
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: July 3, 1978 APPLICATION NO: 1
•
•
' ATTN: Mr. Malcolm Collins • PERIOD FROM: •June. 1, 1978 TO June 30, 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 $ • The present status of the account for this Contract is as follows:
in previous months by .
. Owner— • •
TOTAL •
ORIGINAL CONTRACT SUM 'S 453,873. 00
• Subsequent Change Orders - • .
Number Approved 0.00
- (date) Net change by Change. Orders $
. CONTRACT SUM TO DATE . $ 453,873.00
• TOTAL COMPLETED & STORED TO DATE $$ 7,427.00 .
•
(Column G on G702A)
TOTALS ` . . RETAINAGE 10 • % $• 742. 70
Net change by Change Orders $ or as noted in Column I on G702A
•
• TOTAL EARNED LESS RETAINAGE $ 6,684.30
State.of: Texas _ . County of: Harris
The undersigned Contractor certifies that the Work covered by this Appli- LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 0.00
cation for Payment has been completed in accordance with the Contract-
Documents, that all amounts have been paid by him for Work for which 6,684.30
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 swor to before me this 3rd day of July 19 78
. •• Notary Public: 4:
�� yy�
By: �, Date July 3, 1978 My Commissio' expires: Marc 2, 1979 —�
In accordance with the Contract and this Application for Payment the Contractor is entitled to payment in the amount shown above. ." ❑ OWNER.
Architect: C O E—/V "C✓®) x-, ,L' . ❑ ARCHITECT
�AfG IV�E'� 0 CONTRACTOR (1)
By: � O. Mr. Jim Gross (1)
US] Engineer (2)
This Certificate is not negotiable. It is payable only to t-ie 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 • MA® •
5, 1971 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N,W.,WASHINGTON, D.C.20006 0
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 17th day of July, 1978 , at
7 : 30 p .m. in the :
City Hall
Pearland, Texas
for• the purpose of adopting a resolution approving claim and
authorizing issuance of Certificates of Obligation, Series 1978,
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 r7
day of July, 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 §
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 6.252-17, 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
`/:gp o ' clock a .m. on the 11 day of , 1978 ,
in a- place readily accessib e to the .general pu lic t all
times, to-wit : ..!23 35 �. y. P r,..,c,e.
4 , in the City' Hall of the City .
WITNESS MY AN AND THE OFFICIAL SEAL OF THE CITY, this
( p7 . day of , 1978 .
--------fr4:;'-t-Vt.'A.P(--Aie
- . .
'-City Secretary /7
CITY OF _PEARLAND, 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 17th day of July, 1978
�-- \ I ,/ . `l, __ . ',�
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in special meeting, open to the public , on the 17thday of
July, 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, exce-ot the following ab-
sentees : ��9�f,14k A��P✓44120 sec
thus constituting a quorum. Whereupon, amo g 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 :
i
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 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 Contractor
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 . 1, 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
i
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 $5, 000 . 00 $1 ,684 . 30
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 $5, 000 . 00 and to the Contractor the sum of $1, 684 . 30 .
Section 4 . There shall be executed and delivered to said
bank Certificate No: 1, aggregating $5,000 ,. of the CITY OF
PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978,
dated May 1, 19,78, and the sum of $1, 684 . 30 shall be carried
forward to the next delivery of such Certificates to the Con-
tractor.
Section 5 . The Mayor, City Secretary , City Treasurer,
and other appropriate City officials , are hereby authorized and
directed to deliver said Certificate above mentioned and to do
any and all things necessary or convenient to carry out the.
terms of this resolution.
PASSED AND APPROVED this 17th day of July, 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 . 1 Dated : July 17, 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 $7 , 427 . 00
2 . Less previous payments None
3 . Less 10% retainage 742 . 70
4 . Current payment due 6,684 . 30
5 . Amount to be paid Contractor by issuance
of Certificates of Obligation 5, 000 . 00
6 . Carry-over to next claim 1,684 . 30
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
described above; and , $5, 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