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R76-25 11-08-76THE 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 8th day of November, 1976, 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: Carlton McComb Tom Reid Cecil W. Griffin Harry Farley Terry Gray Benny J. Frank Dorothy L. Cook and all of said persons were sentees: none Mayor Councilman and Mayor Pro Tem 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 APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITYOF 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, place,'when and where a contract 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 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 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 Underwood, Neuhaus &.Co., Incorporated, Houston,`Texas, without discount, and said. company 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, leaving a carry-over to the next delivery of said certificates, 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. $24,204.60 $204.60 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 transfer and assignment of said claim and account to Underwood, Neuhaus & Co:, Incorporated, Houston, Texas. Section -.3. There is now due and owing to said company the sum of $24,204.60. Section 4. There shall be executed and delivered to said company Certificates Nos. 1 through 24, both inclusive, ,aggre- gating $24,000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976-A, dated July 1, 1976, and the sum of $204.60 shall be carried forward to the next delivery of said 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 8th day of November, 1976. ATTEST: Mayor CITY OF PEARLAND, TEXAS .)Pic an,L, City Secretly CITY OF PE LAND, TEXAS (SEAL) EXHIBIT "A" Claim No . 1 Dated : November 8, 1976 of Chennault Materials, Inc . ("Contractor" ) , against the City of. Pearland, Texas, as per contract in the amount of $74, 450 . 00, between said City and said Contractor: 1. Total completed to date (to nearest one dollar) $26, 894 . 00 2 . Less 10% retainage $ 2, 689 . 40 3 . Total earned less retainage $24 , 204 . 60 4 . Less previous payments $ -0- 5 . Current payment due $.24 , 204 . 60 6 . Current amount to be paid Contractor (to nearest $1, 000 under amount shown in 5) $24 , 000 . 00 7 . Carry-over to next claim $ 204 . 60 The amount shown in 6 represents our claim against the City of Pearland, Texas , for furnishing all materials and supplies under and in conformity with the plans, specifications, terms and conditions of the above mentioned contract , and our claim in the amount shown in 6 has been and is hereby assigned in full, without discount , to Underwood, Neuhaus & Co . , Incorporated . CONTRACTOR By e- (Authorized Representative) .-( , AL) (Title ) All materials and supplies represented by the claim shown opposite 6 are in full accordance with the plans, specifications, terms and conditions of the captioned contract., and such claim is hereby in all things approved for payment by said City . MALCOLM A . COLLINS, ENGINEER By l All 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 I 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 i 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 . 44 . ' 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 8th day of November, 1976 . &(-1\-- (e"---7" C1-L-� • (-26--- ; G /(/mac` City Se retary Mayor (SEAL) (`mbb' • THE 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 8th day of November, 1976, 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 : Carlton McComb Mayor Tom Reid Councilman and Mayor Pro Tem Cecil W. Griffin Councilman Harry Farley Councilman Terry Gray Councilman Benny J . Frank Councilman Dorothy L. Cook City Secretary and all of said persons were present , except the following ab- sentees : , thus constituting 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 : f .�j 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, place, when and where a contract 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 certificates in payment for all or any part of the cost of the contract in accordance with the arrangements madeby 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 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 Underwood., Neuhaus & Co . , Incorporated, Houston, Texas, without discount, and said company 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, leaving a carry-over to the next delivery. of said certificates, 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 . $24 , 204 . 60 $204 . 60 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: Section 1 . The matter's and facts contained in the preamble of this resolution are hereby found and declared to betrue and correct . -2- • 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 transfer and assignment of said claim and account to Underwood, Neuhaus & Co . , Incorporated, Houston, Texas . Section 3 . •There is now due and owing to said company the sum of $24, 204 . 60 . Section 4 . There. shall be executed and delivered to said company Certificates Nos . 1 through 24 , both inclusive, aggre- gating $24, 000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976-A, dated July 1, 1976, and the sum of $204. 60 shall be carried forward to the next delivery of said 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 8th day. of November, 1976 . /s/ Carlton McComb ATTEST: -i Mayor CITY OF PEARLAND, TEXAS /s/ Dorothy L. 'Cook ' City Secretary CITY OF PEARLAND, TEXAS (SEAL) -3- EXHIBIT "A" Claim No : 1 Dated : November 8, 1976 of Chennault Materials, Inc . ( "Contractor" ) , against the City of Pearland, Texas, as per contract in the amount of $74 , 450 . 00, : between said City and said Contractor: . 1 . Total completed to date (to nearest one dollar) $26, 894 . 00 2 . Less 10% retainage $ 2 , 689 . 40 3 . Total earned less retainage $24 , 204 . 60 4 . Less previous payments 5 . Current payment due $24 , 204 . 60 6 . Current amount to be paid Contractor (to nearest $1, 000 under amount shown in 5) $24 , 000 . 00 7 . Carry-over to next claim $ 204 . 60 The amount shown in 6 'represents our claim against the City of Pearland, Texas , for furnishing all materials and supplies under and in conformity with the plans, specifications, terms and conditions of the above mentioned contract , and our claim in the amount shown in 6 has been and is hereby assigned in full, without discount , to Underwood, Neuhaus & Co . , Incorporated . CONTRACTOR (Authoriz Representative) (Title ) • All materials and supplies represented by the claim shown opposite 6 are in full accordance with the plans , specifications , terms and conditions of the captioned contract , and such claim is hereby in all things approved for payment by said City . MALCOLM A . COLLINS, ENGINEER By / ' �, • 4‘1Z--\1-1311.ZAhL) TELEPHONE (713) 485-2411 • POST OFFICE BOX 1157 November 9,1976 PEARLAND, TEXAS 77581 • • RECEIVED FROM THE CITY OF PEARLAND THE FOLLOWING CERTIFICATES OF OBLIGATION SERIES 1976-A:- 1 T4 CERTIFICATES NO. .1 THROUGH 24, BOTH INCLU ;IVE,;cy.,IN THE AMOUNT OF: $1,000:.EACH CERTIFICATE. PEARLAND STATE BANK • By: Title !( € • o a. • INVOICE No. 53845 CHENNAULT MATERIALS P.:.0 BOX 728 P.EARLAND1 TEXAS .77,581 DATE Nov• 4, 1976 I—City of Pearland SP O o Pearland, Texas 77581 P 2nd Park Rd. T T O I O J TERMS: CUSTOMERS ORDER NO. STORE NO. DEPT.NO. WEIGHT SHIPPED VIA • Net QUANTITY UNIT DESCRIPTION PRICE AMOUNT TOTAL ORDERED SHIPPED . _ - _ 5-7 6 pis - a�:u� v d /2o C ( 9 zo_,) IN-87 ORIGINAL INVOICE ., •,.._.. .-- . . .•• .. ..•,._. . . .. . . . , • - . . • • , . . . . .. . - . . • •• . . _ , . '. . . - ._ ,"-i'••%,..: ‘:‘, !._, •.„A ti- --.Is" .--,- • --.. -', •.•. . ^ .. . . . .. . . .. .. - ..• ..-'''' •• , , :• • . . ... . . . . . .. _ . . _ • . ,• ' . . .. _ . . . .. . .. .. .... . • . . . ... _ .. . . . .. - , ., . . _. ,. . . ._ •.,__ • ,.. • . .. - . .. . •. . . f'.:7;-....,-. -''--• ' • • •' ,.. , . . „....• •- , . _ - . . 4' , • s' .. .. _ ,,../ - . . ' . -- '411111101 . _ till" r 1I:L,: - IWOICt No. 53845 6HENNAULT MATERIAL . P. :O. BOX 728 - BEAMANDI TEXAS 77,581 • - • - • DATE Nov. 1976 . I; re3.ty of Pearl a.nd • -I I- ,. 'I' D. eth an-d,. Texas 775�5`i . P 2nd Park Pd., T T i' _I L - - it • TERMS: CUSTOMERS ORDER NO. STORE NO. DEPT.NO. WEIGHT SHIPPED VIA '; Net ;,- - QUANTITY , UNIT' DESCRIPTION PRICE AMOUNT- TOTAL - A__ ___ORDERED SHIPPED _ • , � yes C R u s Ne-J -R o -I( .. G{- `T-5h 6d `� at z, IN-87 ...