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R74-15 08-12-74RESOLUTION NO. 74-15 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 N0. 71-26, AND AMENDED UNDER RESOLUTION NO. 73-5; APPROVING CLAIMS FOR MATERIALS IN CON.- NECTION 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. 225 on the 27th day of December, 1971, authorizing the issuance of the City of Pearland Street Improvement Time Warrants, Series 1972, in the principal sum of $50,000.00, and on the 12th day of August, 1974, passed Ordinance No. 290 authorizing the issuance of City of Pearland Street Improvement Time Warrants, Series 1974, in the principal Sii,of $60,000.00, both 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 City of Pearland Street Paving Policy Resolution No. 71-26, and amended under Resolution No. 73,-5. WHEREAS, claims for furnishing materials and hauling have been submitted by Chennault Materials for the following named street in the City of Pearland, to -wit: NANCY STREET - From the North right-of-way line of Knapp Road, Northerly to the South right-of-way line of Robinson Drive, approximately 1,275 feet. WHEREAS, the claims 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 claims 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 by 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 ordinances adopted on the 27th day of December, 1971 and the 12th day of August, 1974 respectively, 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 of said Time Warrants mentioned above in the aggregate amount of $5,000.00, leaving the additional $128.20 to be paid by the City by check, therefore TEXAS: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, Section T, 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 $5,128,20, 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 is 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. 49 and 50 in the denomination of $1,000.00 each, of the City of Pearland Street Improvement Time Warrants, Series 1972, and Warrants Nos. 1, 2 and 3 i the denomination of $1,000.00 each, of City of Pearland Street Improvement Time Warrants, Series 1974, and the sum of $128.20 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 442 day of� A. D. 1974. ATTEST: City Secretar 04#21:0a, —)ncq6)7vit Mayor • , ;:;•-•0 tr.,/ — . --._ 1 _ INVOICE ,...iik : :' • re,21 7:2 0 ' No. 1 4 2 0 3 ,.,.,..,Eid, 7 7,5 Y f . -'- i.i , ..., , - I DATE I 1 ':E5 sr I- H 21. i 0 T 0 L L _I ,..._ TERMS: CUSTOMERS ORDER NO. STORE NO. DEPT.NO. WEIGHT SHIPPED VIA ! \_, QUANTITY ORDERED SHIPPED DESCRIPTION UNIT J AMOUNT -TOTAL ... PRICE i . 144? 71 ..,.-- ,2,,, ....„, 1- '5- i. • •<, - ,f,.7',1 - <-2'' _._. • -- =•,,-....--..."."'''''----- • C....- 4,=.3.Zr ., •-•,,,..C.,.. • , , . ,., ., -.4' ,.- , / , ( ....• . A _ EXHIBIT A"' ..2:. /..",-----) / ( ;,',::,.:•::;,-:, IN-87 s,„,........„................. ' 1 , ORIGINAL INVOICE • I . . ASSIGNMENT WARRANT NO. 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 Berry Miller Pearland ,Texas , the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto said&'Berry Miller 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 July 12,. 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 '1 5 day of august `' r 1974,. CHENMA JLT MATERIALS Owner ASSIGNMENT WARRANT NO. 2 TIIE STATE OF TEXAS 1' COUNTY OF BRAZORIA Chennault Materials for and in consideration of the sum One Thousand and No/100 Dollars ($1,000.00) to it in hand paid by., ' Berry Miller . , ,Texas , the receipt bf Pearland which is hereby acknowledged, does hereby sell, convey, and assign unto said, Berry Miller \ , Pearland � Texas, its successors and assigns, the claim of Chennault Materials, iii'the sum of $1,000.00, against the City of Pearland, Texas, as partia\ payment of the amount of claim due said Chennault Materials under Invoice ,' a d�July' 12,. 1974, for materials furnished in connection with construction of permanent i A street improvements in the City of Pearland, Texas, together with. the right of said Chennault Materials to a like amount of City of .Pe\gland Street Improvement Time Warrants, Series 1974, dated August I5, iI974. Executed at.Pearland,..Texas, this- 15 of daygaugust ~ •\ 1974 CHENNAULT MATERIALS By`93*i075, (-? • Owner H (11111h\ ASSIGNMENT \ \ WARRANT NO. 3 \ \ 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 Perry MtHee , Pearland ,Texas the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto , saidN' Berry MillPr Pearland Texas, its successors and assigns, the claim of Chennault Materials, in the sum of $1 G00.00, against the City of Pearland, Texas, as partial payment of the , amount of claim due said Chennault Materials under Invoice , dated July A t 12, 1974, for materials furnished in connection with constrction of permanent street improvements in the City of Pearland, Texas, togethei 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- /5 day of' ' -auglist I 1974, 1 CHENNAULT MATERIALS: Owner , , ASSIGNMENT WARRANT NO. 50 i TIC STATE OF TEXAS COUNTY OF B AZORIA - 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 : . Berry Miller , Pearland ,Texas , the receipt of . which is hereby acknowledged, does hereby sell, convey, and assign unto said.. merry Mid r , 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 July 12, 1974, for materials furnished in connection with. construction of perr-mrent. street improvements in the City of Pearland, Texas, together ,rith the right of said Chernault. Materials to a like amount of City of.Pearland Street. Improvement Time Warrants, Series 1972, dated. January 1, 1972,. 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