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R74-05 03-11-74RESOLUTION NO. 74-5 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 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, 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, for the purpose of evidencing the indebtedness of 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 streets in the City of Pearland, to -wit: ROBINSON DRIVE - from the east right-of^way line of Union Valley Drive easterly and southeasterly to the north right-of-way line of Glastonbury Drive, approximately 2,100 feet. Cunningham Drive - from the north right-of-way line of Pear Street, northerly along the center line of Cunningham Drive, approximately 647.41 ft, to the South right-of-way line of Cherry Street. Lethbridge Drive - and a portion of Meadowville Drive from the east right-of-way line of Union Valley Drive easterly along the center line of Lethbridge Drive and northwesterly along a portion of Meadowvill Drive to the southeast right-of-way line of Wheatridge Drive, a total distance of 1,319 feet. WHEREAS, the claims of the Chennault Materials mentioned above are attached hereto as Exhibit "A" (Robinson Drive); Exhibit "A-1" (Cunningham Drive); Exhibit "A-2" (Lethbridge Drive and a portion of Meadowville Drive), and made a part hereof as if fully written herein, and WHEREAS, the claims Exhibit "A", Exhibit "A-1", and Exhibit "A-2" have been approved by William E. Wolff, City Manager of the City of Pearland, and this City Council affirmatively finds that the City of Pearland has actually received the full benefits arising from said claims and the full extent of the Time Warrants which are hereinafter authorized to be delivered to etidence the indebtedness of the City on such Claims; 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 claims; and WHEREAS, it was provided in said ordinance adopted on the 27th day of December, 1971, that payment for said contracts and said claims should be made by the issuance of Time Warrants hereinabove mentioned; and WHEREAS, the City Council wishes to approve said claims and to authorize the payment thereof by issuance and delivery of said Time Warrants mentioned above in the aggregate amount of $5,000.00, leaving the additional $187,90 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 the Resolution are hereby affirmatively found to be true and correct, Section n . That said claims mentioned in the preamble to this Resolution and set forth in Exhibit "A"' in the amount of $2,841,30 Exhibit "A-1" in the amount of $385,40, and Exhibit "A-'2" in the amount of $1,960.20, Total $5,187,90, as mentioned in said preamble shall be, and the same are hereby approved and allowed, and the City of Pearland hereby acknowledges receipt of the full benefits represented by said claims to the full extent of the City's Time Warrants to be delivered as hereinafter provided, Section That it is hereby affirmatively found and declared that the City of Pearland has received full benefit of materials of said claims and account, as shown on Exhibit "A", Exhibit "A-1", and Exhibit "A-2", 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. 44, 45, 46, 47 and 48 in the denomination of $1,000.00 each, of the City of Pearland Street Improvement Time Warrants, Series 1972, and the sum of $187,90 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 /V - day o£'--.%1r�. ;14',.-1-2::442/ , A. D. 1974. Mayor, City of Pearland, Texas ATTEST1 INVOICE CHENNAULT MATERIALA, P. O. BOX 728 PEARLAND, TEXAS .77581 NO. • DATE 3.5.74 EXHIBIT "A-1" YOUR • ORDER NO. SOLD TO • City of Pearland - SHIPPED TO Box 1157 • Pearland, Texas CUNNINGHAM DRIVE • OUR ORDER NO. SALESMAN • TERMS F.O.B. DATE SHIPPED SHIPPED'VIA QUANTITY Y SHIPPED STOCK NUMBER/DESCRIPTION UNIT PRICE UNIT AMOUNT ORDERED SHIPPED 84 yds Rock @ $3'.25 yd. 273 00 • Ha uling @ 1,35 yd. • • _ - • 113 40 TOTAL 386 40 IGroyLo•1 FORM 44-411 3-PARTS WILSON JONES COMPANY•©1961 a PRINTED IN U.S.A. ORIGINAL - - • , INVOICE - . • CHENNAULT MATERIAL 0. BOX,728 REARLAN%IEXAS .7/5811 NO. DATE 3r,5..-74 YOUR • ORDER NO. • • •• SOLD- TO .City of Pearland SHIPPED TO • Box 115.7. • iiEWBNREEEDgirft •Pearland,- Texas • • . • OUR ORDER NO. SALESMAN TERMS F.O.B. DATE SHIPPED SHIPPED'VIA. QuANTITY QUANTITY ORDERED SHIPPED STOCK NUMBER/DESCRIPTION UNIT PRICE UNIT •AMOUNT • • • - LETHBRIDGE DRIVE • 310 yds Rock @ $3.50 per yd • 1,092 0.0 • HAuling @ 1,45 per yd 452 40. „.. • • 'MEADOWVILLE 84 yds - Rock @ $3.50 per yd • 29A DO • Hauling @ 1,45 • •'1-21- 80 • EXHIBIT . - TgrAL, . A A 1 960 20. . . Gray11.01 FORM 44-411 3-,!.ARTs • WILSON,JONES COMPANY•©1961.PRINTED IN U.S.A. . • ORIGINAL 67a • • ASSIGNMENT WARRANT NO. A5 THE STATE OF TEXAS M COUNTY OF BRAZORIA j jChennault Materials for and in consideration of the sum of One Thousand and No/100 Dollars ($1,000.00) to it in hand paid by Mrs. Josie Heflin ,,, r Pear],ana _ __._ ,Texas , .the receipt of _ INVOICE CHENNAULTMATERIAL,' P. O. BOX 728 NO. :PEARLAND, TEXAS 77581 DATE 3-5-74 YOUR - ORDER NO. SOLD TO City of Pearland SHIPPED TO Box 1157 ROBINSON DRIVE• Pearlandq Texas 77581 • I OUR ORDER NO. SALESMAN I TERMS F.O.B. DATE SHIPPED SHIPPED VIA 1 ' UNIT PRICE UNIT AMOUNT QUANTITY QUAN7I7Y STOCK NUMBER/DESCRIPTION ORDERED SHIPPED I ' - 2,009 00 I , 574 Rock @ $3.50 yd, I' Hauling @ 1.45 per yd. 832 30 2,841 30 TOTAL i II iI1 EXHIBIT "A" j i H (1;21/. e -,,,,0".'`‘' , F _ WILSON JONES COMPANY•©'1961•PRINTED IN U.S.A. � III �GmyUnol FORM 44-411 3-PARTSORIGINAL e'72 r, - - .mmmmmomMOMMe (11111 1142141) ASSIGNMENT WARRANT NO. Q4 THE STATE OF TEXAS COUNTY OF BRAZORIA Chennault Materials for and in consideration of the sum of One Thousand and No/l00 Dollars ($1,000.00) to it in hand paid by MrG_ Josig, Heflin d' ' Pearland ,Texas , the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto said"'` Mra .Tnsi a upfl i n ' 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 Invoices dated March 5, 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 1972, dated January 1, 1972, Executed at Pearland, Texas r. this • i a day of march ' e. 1974, CHENNAULT .MATERIALS' B Owner ASSIGNMENT WARRANT NO. 46 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 Mrs. Josie Heflin ,- , Pearland ,Texas , the receipt of which is hereby acknowledged, does hereby sell,• convey, and assign unto sa,idN Mrs. •Josie Heflin\ r Pearland , Texasr. its successors and assigns, the claim of Chennault Materials, in the sum of $1,000.00, against theCity of Pearland, Texas, as partial payment of the amount of claim due said Chennault Materials under Invoices dated March 5e 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. 1972, dated January 1, 1972, Executed at Pearland, Texas, this 19 day of March ' .. \\ ` n 1974, CHENNAULT MATERIALS By- Owner ASSIGNMENT - WARRANT NO. 47 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. • Texas , the receipt of Ccorgc V. Hactingc '" ' Pear_ianc? which is hereby acknowledged, does hereby sell, convey, and assign unto Mr:- or Mrs.. .. . .... .. .. .... . saIdN George V. Hastings r Pe rtand 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 Invoices: dated 'March 5, 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 1972, dated January 1, 1972, Executed at .Pearland, Texas, this, , day of mare-.r .. 1974,. CHENNAULT -MATERIALS' By;. Owner ASSIGNMENT - WARRANT NO. 48 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 fib & Mrs. ,Texas , the receipt of George U. Hastings ► - Pearland which is hereby acknowledged, does hereby sell, - convey, and assign unto •:• Mr. or Mrs: . .. .... said- George V. Hastings r PPar1ana - , 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 Invoices dated March. 1 5, 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 1972, dated January 1, 1972, Executed at.Pearland, .Texas, this- ]q day of Aar,-.h r. . 1974, • CHENNAULT MATERIALS By; Owner