R77-05 02-14-77RESOLUTION NO. R77-5
A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT
PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS, TO -WIT:
THE CONSTRUCTING OF PERMANENT STREET IMPROVEMENTS WITHIN
CERTAIN AREAS OF THE CITY IN WHICH PROPERTY OWNERS ON ANY
STREET HAVE AGREED TO PARTICIPATE WITH THE CITY IN THE COST
OF SAID IMPROVEMENTS AS EXPRESSED IN THE CITY OF PEARLAND'S
STREET PARTICIPATION PAVING POLICY RESOLUTION NO. 71-26,
AND AMENDED UNDER RESOLUTION NUMBER 73-5; APPROVING CLAIMS
FOR MATERIALS IN CONNECTION THEREWITH; AUTHORIZING THE
DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIMS;
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. 290 on the 12th day of August, 1974, authorizing the
issuance of the City of Pearland Street Improvement Time Warrants, Series 1974,
in the principal sum of $60,000.00 for the purpose of evidencing the indebted-
ness of the said City for all or any part of the cost of constructing permanent
street improvements within certain areas of the City where property owners have
agreed to participate with the City in the cost of said improvements as expressed
in the City of Pearland Street Paving Policy Resolution No. 71-26, and amended
under Resolution No. 73-5.
WHEREAS, claim for furnishing materials and hauling have been submitted
by Chennault Materials, Inc. for the following named street in the City of
Pearland, Texas, to -wit:
Alice Street - From the easterly right-of-way line of Main Street
(Highway 35) along the center line of Alice Street easterly ap-
proximately 500 feet to a point.
WHEREAS, the claim of Chennault Materials, Inc. 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 Assistant City
Manager, James 0. DeShazer, 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
to said contractor, 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 inter-
posed as an offset or counterclaim to the payment of said claim, and
WHEREAS, it was provided in said ordinance adopted on the 12th day of
August, 1974, that payment for said contracts of said claims should be made by
the 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 said Time Warrants mentioned
above in the aggregate amount of $ 2,000.00
to be paid by the City by check, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
That the statements and recitations contained in the preamble of this
Resolution are hereby affirmatively found to be true and correct.
leaving the additional $ 582.30
II.
That said claim mentioned in the preamble to this Resolution and set
forth in "Exhibit A" in the amount of $ 2,582.30 , 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 Warrants to be delivered as hereinafter provided.
III.
That it is hereby affirmatively found and declared that the City of
Pearland has received full benefit for materials and hauling of said claim and
account, as shown on "Exhibit A", to the full extent thereof, and to the full
amount of the Time Warrants authorized hereinafter in the resolution to be
delivered.
IV.
That there shall be executed and delivered to said Chennault Materials,
Inc., Warrant Nos. 53 and 54 in the denomination of $1,000.00 each, of the
City of Pearland Street Improvement Time Warrants, Series 1974, and the sum of
$ 582.30 shall be paid to said Chennault Materials, Inc. by check from the City
of Pearland.
V.
That the Mayor and City Secretary are hereby authorized and directed
to execute and deliver said Warrants above mentioned, and to do any and all other
things necessary and convenient to carry out the terms of this resolution.
VI.
That this resolution shall take effect from and after its passage.
PASSED AND APPROVED this
A. D., 1977.
ATTEST:
day of
Mayor, City of Pearland, Texas
gtcszy
City Secretary
CHENNAULT MATERIALS NO.
P. 0. BOX 728 DATE 2-9-77
PEARLAND, TEXAS 77581
YOUR
ORDER NO.
SOLD TO City of Pearland, SHIPPED TO
P. 0. Box 1157
Pearland. Texas_ 1T81
OUR ORDER NO. SALESMAN TERMS F.O.B. DATE SHIPPED SHIPPED VIA
QUANTITY QUANTITY ORDERED SHIPPED STOCK NUMBER/DESCRIPTION UNIT PRICE UNIT AMOUN
434 yards Crushed Rock 5 95 2584 30
Alice Street
EXHIBIT "A"
-7//7/77 .
°;;00Rgziire
FORM 98-322 DUP. 98-332 TRIP. 98-342 QUAD. Oak -1
A BOORUM 8 PEASE PRODUCT ORIGINAL
AmIN
ASSIGNMENT
WARRANT NO. 53
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
Chennault Materials, Inc. for and in consideration of the sum of One Thousand
and No/100 Dollars ($1,000.00) to it in hand paid by Berry Miller, Sr.
of Pearland, Texas, the receipt of which is hereby acknowledged, does hereby sell,
convey, and assign unto said Berry Miller, Sr. , his
successors and assigns, the claim of Chennault Materials , in the sum of
$1,000.00, against the City of Pearland, Texas, as partial payment of the amount
of claim due said Chennault Materials under Invoice dated February 9, 1977
for materials furnished in connection with construction of permanent street
improvements in the City of Pearland, Texas, together with the right of said
Chennault Materials to a like amount of City of Pearland Street Improvement
Time Warrants Series 1974, dated August 15, 1974.
Executed at Pearland, Texas, this 14 day of February
A. D. , 1977.
CHENNAULT MATERIALS, INC.
By:
Owner
IOW AM b.
ASSIGNMENT
WARRANT NO. 54
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
Chennault Materials, INc.for and in consideration of the sum of One Thousand
and No/100 Dollars ($1,000.00) to it in hand paid by Berry Miller, Sr.
of Pearland, Texas, the receipt of which is hereby acknowledged, does hereby sell,
convey, and assign unto said Berry Miller, Sr.
his successors and assigns, the claim of Chennault Materials , in the sum of
$1,000.00, against the City of Pearland, Texas, as partial payment of the amount
of claim due said Chennault Materials under Invoice dated February 9, 1977
for materials furnished in connection with construction of permanent street
improvements in the City of Pearland, Texas, together with the right of said
Chennault Materials to a like amount of City of Pearland Street Improvement
Time Warrants Series 1974, dated August 15, 1974.
Executed at Pearl.and, Texas, this 14 day of February
A. D. , 1977.
CHENNAULT MATERISLS, INC.
By: , �--{--
Owner
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ASHIER'S CHECK i " , - „ ,
PEARLAN D - c�!i BANK ''
9 Ck. 3err�r Miller PEARLAND, TEXAS Feb 7 1Q63 4•�•o.,•o. •a.-
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T.er; rant cewt. _ :,_ATE DEPARTMENT OF RIG J;,.- Y:.
Asp PUBLIC TRANSPORTA • •t` J A N 2 4 1977
BRAZORIA
— -- -- - -CountyMINUTE
0 , s` page 1 _ lnf 1 .
District No. 12 ` g'T ;? nr.its-iV�
BF AS, in BRAZOR.IA COUNTY, the City of Pearland has requested assistance in reconstl
tion on Farm to Market Road 518 from Washington Avenue to Hatfield Road, a distance o1
approximately 1.1 miles; and
WHEREAS, Farm to Market Road 518 is included in the Urban System; and
WHEREAS, it is the desire of the State Department of Highways and Public Transportatiq
to assist the City of Pearland in such work;
NCR, Tthau 1 E, the Engineer-Director is directed to tender the following proposal to ae
City of Pearland:
Provided the City will maintain that portion of the work which is its responsibility
accordance with present maintenance agreement and agree to regulate traffic and preve
encroachment on the right of way, all in accordance with governing policies and regul '
tions of the Department, the Department will, subject to the availability of Federal- d
Urban System funds and the eligibility of the proposed work for financing with said f ds7
1. Prepare construction plans and specifications.
2. Provide for widening Grading, Structures and Surfacing at an estimated cost of
$464,000 as authorized in the 1977-1978 Urban System Program.
3. maintain that portion of the work which is its responsibility in accordance wil
present maintenance- agreement.
Upon acceptance of the provisions of this Order by the appropriate officials of the ell y
of Pearland, the Engineer-Director is directed to enter into any necessary agreements'
with the City covering the details of the proposed irnprover*ents, to proceed with the $ -
gineering development of the project and after the City has fulfilled its responsibii ies,
to proceed with construction in the most feasible and economical manner.
This Order shall become operative upon acceptance by the City of Pearland and if not
cepted within 90 days of the date hereof, the action herein contained shall be autoriaa -
cally rant led.
Submitted by: Examined and recommended by:
(Title) Apeto` A.sSia:ant,S' tf-IliO'wa-YEtsgi`f r
Program ng vee iatei#ifimt
faz:utr-Ducciut
Approved: 72165
Commissioner Minute Number___—__
— — ----------.__----Commissioner Date Passed JAN 20 77