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
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Mayor
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TERMS: CUSTOMERS ORDER NO. STORE NO. DEPT.NO. WEIGHT SHIPPED VIA
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ORIGINAL INVOICE
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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
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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
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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
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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,
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CHENNAULT MATERIALS:
Owner
, ,
ASSIGNMENT
WARRANT NO. 50
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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,.
Executed at Pearland, Texas, this 15 day of. august `•
19749
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