R77-27 08-22-77RESOLUTION NO. 877,27
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 ofsuch 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. 2, 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. $3,000.00 $121.20
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.
-2-
Section 2. The claim described in the preamble of this
resolution and fully set forth in Exhibit
nAn
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
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 $3,000.00 and to the Contractor the sum of $121.20.
Section 4. There shall be executed and delivered to said
bank Certificates Nos. 67 through 69, both inclusive, aggre-
gating $3,000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 1976-A, dated July 1, 1976, and the sum
of $121.20 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 22nd day of August, 1977.
ATTEST:
due(4,,>e4pil,-
Mayor
CITY OF PEARLAND, TEXAS
City Secret
CITY OF PEI LAND, TEXAS
(SEAL)
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t \•
-DELIVERY CERTIFICATE
•
THE STATE OF TEXAS 0 •
COUNTIES OF BRAZORIA AND HARRIS 0
We, the undersigned, officers of the City Council of the City of Pearland, Texas,
certify that on the day of August, 1977, 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 67 through 69, both inclusive,
in the denomination of $1,000 each, aggregating $3,000, bearing interest
at the rate of 6.25% per annum, and maturing serially in their numerical
order •on August 1 as follows: '
$3,000 1988
•
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 cer-
tificates, the levy of taxes for the payment thereof, or attacking the validity of
i
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 proceed-
ings authorizing the issuance and delivery of said certificates 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.
,44 roo
.City Treat er Mayor
(CITY. SEAL) _ __ � �•
City Secretary
The •for.egoing signatures of the Mayor, City Secretary and City Treasurer oftthe
City;.ofPearland, Texas, are hereby certified to be genuine.
PEARLAND STATE BANK
Pearland, Te
Signat e of Officer)
(BANK SEAL) .-
(Title of Officer)
We hereby acknowledge receipt of the certificates described above, which certifi-
cates constitute full payment •of our claim against said City in the 'amount of $3,000, .
said claim having been assigned to us, without discount, by Chennault Materials, Inc.
PEARLAND STATE BANK
• Pearland, Tex
By
(Signat of Officer)
(BANK SEAL)
(Title of Officer)
• .
„,.
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1 1
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EXHIBIT "A"
Claim No. 2 Dated: August 22, 1977
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\ $30 ,015 . 00
2. Less previous payments $24 ,000 . 00
3 . Current payment due $ 3 ,121. 20
4 . Amount to be paid Contractor by issuance -
of Certificates of Obligation $ 3 ,000 . 00
5 . Carry-over to next claim $ 121 . 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 $3 , 000 . 00 of such
claim has been and is hereby assigned in full, without discount ,
to Pearland State Bank, Pearland, Texas .
- INVOICE T
Che u1t-h1aterials � r',<
Box 72 _ NOA.
l+°
it
Pearland, Texas 775$1> DATE
` YOUR
ORDER NO.r City of Pearland. „__ _ ___
. SOLD TO . , - SHIPPED TO
.v.3
4; P a Box 1157 -,s h„ �. - ._. .- . .: . - . y
Pearland, Texas.,.,_.77581. ... . .. - , - .. N- K , , . _
OUR ORDER NO. SALESMAN - TERMS - F.O.B. DATE SHIPPED SHIPPED VIA +.::
;f; QUANTITY QUANTITY & STOCK NUMBER/DESCRIPTION UNIT PRICE UNIT AMOUNT ,
Is ORDERED SHIPPED
' 1 ,734 yds dirt ., — . . _4... _ _ . 1 80 $3,121 . 20
(Wlaingt Street)
,'
FORM 9S-322:-.DUP. 99.322 TRIP. 98-342 QUAD. ,,r�,
' A'BOORUM O-PEASE^PRODUCT / '
} ,' DUPLICATE
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