R74-17 09-09-74RESOLUTION NO, -74-17
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 EX-
PRESSED 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 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 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 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 for the following named
street in the City of Pearland, to -wit:
East Circle Drive - From the Southwest right-of-way
line of East Broadway (F. M, 518) Southwesterly to the
Northeast right-of-way line of Shadybend Drive, being
approximately 2,268.6'.
WHEREAS, the claim of the 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
i
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 interposed as an offset or counter-
claim 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 here”
inabove mentioned; and
WHEREAS, the City Council wishes to approve said claim
and to authorize the payment thereof by issuance and delivery o$
said Time Warrants mentioned above in the aggregate amount of
$8,000.00 , leaving the additional $385.30 to be paid by the City
by check, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS;
Section I,
That the statements and recitations contained in the
preamble 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 $8,385.30,
shall be, and the same is hereby approved and allowed, and the City
of Pearland hereby acknowledges receipt of the full benefits re-
presented by said claim to the full extent of the City's Time
Warrants to be delivered as hereinafter provided.
Section III.
That it is hereby affirmatively found And declared that
the City of Pearland has received full benefit of 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 this resolution to be delivered.
Section IV,
That there shall be executed and delivered to said
Chennault Materials, Warrants Nos. 4, 5, 6, 7, 8, 9, 10, and 11 in the
denomination- of $1,000.00 each, of the City of Pearland Street
Improvement Time Warrants, Series 1974, and the sum of $385,30
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
it passage.
PASSED AND APPROVED this 7- day of
A. D. 1974,
Mayor, City of
tv
'earland, Texaas
' INVOICE No. 14042
CHENNAULT MATERIALS
BOX 728
PEARLAND, TEXAS 77581
DATE 8/22/74
P -1 P -1
S CITY OF PEARLAND S
° "I East Circle Drive
D P
T BOX 1157 T
o °
LPEARLAND, TEXAS 77581 LI L
TERMS: CUSTOMERS ORDER NO. STORE NO. DEPT.NO. WEIGHT SHIPPED VIA
QUANTITY UNIT AMOUNT TOTAL
DESCRIPTION PRICE
ORDERED SHIPPED
1694 1694 Yards of Rock 3 . 50 5 ,929. 00
I, Hauling 1 . 45 2 ,456. 30
-..,-.-..--
Total . . 8f,385 . 30
I
EXHIBIT "A"
l
",;;t7 ,-------
IN-87
ORIGINAL INVOICE
-(4111
,ASSIGNMENT
WARRANT NO. 4 (JP
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 r Pearland ,Texas , the receipt of
which is hereby acknowledged, does hereby sell, convey, and assign unto
.;..Mr.e ..or...Mr.s.. .... .... .
said`'George V. Hastin's r Pearlana , Taxac ► Texas, its
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:August
22,. 1974, 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 "10 day of— September" ' r.
1974,
CHENNAULT MATERIALS
By.�'% 1?G�
Owner
)`
,ASSIGNMENT
WARRANT NO. 5 (T)
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.
PPnrgP V_ Haatinga ► FaarlanA ,Texas , the receipt of
which is hereby acknowledged, does hereby sell, convey, and assign unto
said recrge v Hastings\ , Pearland , .Texan, its
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. August
22f 1974, 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 /40 day of /6 r
1974,
CHENNAULT -MATERIALS'
Owner
• /6.1";
,ASSIGNMENT
WARRANT NO. h (j)
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 p Pearland ,Texas , the receipt of
which is hereby acknowledged, does hereby sell, convey, and assign unto
•Air. .or..Mr.s., .... . .... . . . .. .... .... .... .... .... .... .... ....
said\ George. V. Hastings` . Pearland , Texas, its
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. August
22f. 1974, 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 / day of f �% ' f
1974,
CHENNAULT .MATERIALS' '
Owner .
(41111'\
,ASSIGNMENT
WARRANT NO. 7
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.
no -gp V. Hagtingq Pearland ,Texas , the receipt of
which is hereby acknowledged, does hereby sell, convey, and assign unto
saidNs Geoacre V. Hastings` Pearland, , Texas, its
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 August
22f 1974, 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, //.2 day of f •
1974,
CHENNAULT MATERIALS
BY4eA'7W.7"
Owner •
y
,ASSIGNMENT
WARRANT NO. 8
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 r PPArland ,Texas , the receipt of
which is hereby acknowledged, does hereby sell, convey, and assign unto
said-. Geo¢tge V. Hastings �. rland , Texas, its
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 August
22f 1974, 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 a this/� day of.' ' ' ' i!'. '• 'J n
1974,
CHENNAULT MATERIALS -
By.;�L�G G-->A
Owner
,ASSIGNMENT
WARRANT NO. 9
6)
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
Ga7rvi_s W_ FQnwi ck , Pearland ,Texas , the receipt of
which is hereby acknowledged, does hereby sell, convey, and assign unto
said,'Garvis W. Fenwich. . `' . ' • , Pearlane , Texas, its
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:August
22,. 1974, 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_ , 1974.
.
Executed at .Pearland, Texas, this /' day of ' yz
1974,.
CHENNAULT .MATERIALS'
BY; / ` L �1 . �'i
Owner
)
,ASSIGNMENT
WARRANT NO. __Da
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
Garvis W. Fenwick , Pearland ,Texas , the receipt of
which is hereby acknowledged, does hereby sell, convey, and assign unto
saidN'Garvis W. Fenwick , Pearland , Texas, its
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 August
22f. 1974, 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 10 day of September` ` -
19745
CHENNAULT MATERIALS
BY; ,/lih//
Owner
ASSIGNMENT
WARRANT NO.
11
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
,Texas , the receipt of
Gdivis w, tenwicx Pearland
which is hereby acknowledged, does hereby sell, convey, and assign unto
sa3d� . , Texas, its
Cw� 3 nt��.w. 'c�vdl3 dlllt
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 August
22f. 1974, 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, Series1974, dated August 15, 1974.
Executed at Pearland, Texas, this on day o L ` ``•" f -
®ptc'n...cr
1974,.
CHENNAULT MATERIALS
By; ,
Owner