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R76-05 02-23-76RESOLUTION NO. R76- 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 NO. 73-5; APPROVING CLAIMS FOR MATERIALS IN CONNECTION THEREWITH; AUTHORIZING THE DELIVERY OF. TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIMS; CONTAINING OTHER. PROVISIONS RE- LATING 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 indebtedness 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 part- icipate 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 for the following named street in the City of Pearland, to -wit: WHEATRIDGE DRIVE - From the Northeast right-of-way line of Meadowville Northeasterly, thence southeasterly along the center line of Wheatridge Drive approximately 950 feet. WHEREAS, the claim of Chennault Materials 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 William E. Wolff, City Manager 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 mlterial, appurtenances, fixtures, machinery, or labor furnished to said contractor, as provided in Chapter 17, Acts of the 39th Legislature (Article 5472a V. A. T. 5.), 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 interposed as an off- set 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 $3,000.00, leaving the additional $638.60 to be paid by the City by check, there- fore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. That the statements and recitations contained in the pre- amble of this Resolution are hereby affirmatively found to be true and correct. Section II. That said claim mentioned in the preamble to this Resolution and set forth in "Exhibit A" in the amount of $3,638.60, shall be, and the same is hereby approved and allowed, and the City of Pearland here- by acknowledges receipt of the full benefits represented by said claim to the full extent of the City's Time Warrants to be delivered as here- inafter provided. 4 Section 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 here- inafter in this resolution to be delivered. Section IV. That there shall be executed and delivered to said Chennault Materials, Warrant Nos. 35, 36, and 37 in the denomination of $1,000.00 each, of the City of Pearland Street Improvement Time Warrants, Series 1974, and the sum of $638.60 shall be paid to said Chennault Materials by check from the City of Pearland. Section 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. Section VI. That this Resolution shall take effect from and after its passage. PASSED AND APPROVED this 23 day of A. D. 1976. ATTEST: 44, 9 igt Mayor, City of Pearland, Texas ic< City Secreta J - 5y_ . INVOICE 4Po/5 72 No. I , ,‘.". DATE l I YOUR ORDER NO. I SOLD TO ® , / SHIPPED TO 6/1� G� . ,r,„,..tet, X gi : ' OUR ORDER NO. SALESMAN TERMS F.O.B. DATE SHIPPED SHIPPED VIA QUANTITY QUANTITY ORDERED SHIPPED � ��STOCK NUMBER DESCRIPTION UNIT PRICE UNIT OUNT tic( 6 �,e '1i�1 6 ,� Cr ,��, �® I EXHIBIT A _� (i \\ r "2/76247 C '.,,Ltee 6 S'1' I GrayilucI FORM 44-411 3-PARTS ORIGINAL WILSON JONES COMPANY•©1861•PRINTED IN V.S.A. 774 • (AN, - ri, • • • ASSIGNMENT • • WARRANT NO. 36 THE STATE OF TEXAS COUNTY OF BRAZORIA • Chennault Materials for and in consideration of the sum of One Thousand and No/100 Dollars ($1,000.00) to it in hand paid by Mr. or Mrs. George V. Hastings', of Pearland, Texas, the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto said Mr. or Mrs. George V. Hastings, of Pearland, Texas, their 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 12, 1976, for materials furnished in connection with construction of permanent street im- . provements 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 25 day of Februar" , 1976. ' CHENNAULT MATERIALS • By: (--15. Owner • ' s • • ASSIGNMENT • WARRANT NO. 35 THE STATE OF TEXAS COUNTY OF BRAZORIA Chennault Materials for and in consideration of the sum of One Thousand • and No/100 Dollars ($1,000.00) to it in hand paid by Mr. or Mrs.. George V. Hastings, of Pearland, Texas, the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto said Mr. or Mrs. George V. Hastings, of Pearland, Texas, their 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 12, 1976, • for materials furnished in connection with construction of permanent street in- provements 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 25 ' day of Fel�r_ua--ry 1976. • CHENNAULT MATERIALS By y472�✓l7/ _ Owner • • s r • • • /' • • • • ASSIGNMENT WARRANT NO. 37 THE STATE OF TEXAS • • COUNTY OF BRAZORIA Chennault Materials for and in consideration of the sum of One Thousand and No/100 Dollars ($1,000.00) to it in hand paid by Mr. or Mrs. George V. Hastings, of Pearland, Texas, the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto said Mr. or Mrs. George V. Hastings, of Pearland, Texas, their 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 12, 1976,• • for materials furnished in connection with construction of permanent street im- provements 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 25 day of February 1976. • CHENNAULT MATERIALS //TY) Owner • • • • • •