R73-16 11-26-73RESOLUTION NO. 73-16
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 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:
FRANCES DRIVE - from the north right! -of way line of F, M,
518 (West Broadway), approximately 1,043 feet northerly
along the center line of Frances Drive to the south right
of -way line of Cherry Street.
HALBERT DRIVE - from the north right pf-way line of F, M,
518 (West Broadway), approximately 1,248,25 feet northerly
along the center line of Halbert Drive to the -south right-
of -way line of Cherry Street.
ROBINSON DRIVE - from the east right-of-way line of Union
Valley Drive easterly and southerly to the north right-ofc
way line of Glastonbury Drive, approximately 2,100 feet,
WHEREAS, the claims of the Chennault Materials mentioned above
are attached hereto as Exhibit "A" (Frances Drive); Exhibit "A-1"
(Halbert Drive); Exhibit "A-2" (Robinson 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 the full extent of the Time
Warrants which are hereinafter authorized to be delivered to
evidence 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
sprovided 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 payments 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 here-
inabove 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 $2,000.00;
leaving the additional $162.00 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 II.
That said claims mentioned in the preamble to this Resolution
and set forth in Exhibit "A" in the amount of $837,20, Exhibit
"A-1" in the amount of $874.00, and Exhibit "A-2" in the amount of
$450.80, Total $2162.00, 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 reps
resented by said claims 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 of said
claims and accounts, as shown in 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, 42 and 43 in the denomination of $1,000.0OO
each, of the City of Pearland Street Improvement Time Warrants
Series, 1972, dated January 1, 1972, and the sum of $162.00
shall be paid to said Chennault Materials by check from the City
of Pearland.
Seoti=Yi 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 -26 day of o �;,�P2a A„ D,
1973.
»c te»f V
Mayor, City of Pearland, Texas
City Secreta
e
0
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 the full extent of the Time
Warrants which are hereinafter authorized to be delivered to
evidence 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
fixtures
provided
5472a V.
Pearland
might be
claim to
thereof; of any lien for any material, appurtenancesr
, machinery, or labor furnished to said contractor, as
by Chapter 17, Acts of the 39th Legislature (Article
A. T. S.), or any other law; and further, the City of
does not hold a claim of any kind or character which_
properly charged or interposed as an offset or counter -
the payments 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 here
inabove 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 $2,000.00r
leaving the additional $162.00 to be paid by the City by check;
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section
That the statements and recitations contained in the preamble
of the Resolution are hereby affirmatively found to be true and
correct.
Section II.
That said claims mentioned in the preamble to this Resolution
°P,Prr'Ir\1111 " T IVIL.ATFRIA1 4S,
_ > INVOICE
P B C< 7
EXHIBIT "A"
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DATE
No,. 14162
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TERMS:
CUSTOMERS ORDER NO.
STORE NO.
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SHIPPED
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IN - 87
ORIGINAL INVOICE
CHEF NAULT MATERIALS
P. 0. BOX 728
PEARLAND, `S 77F3
INVOICE
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DATE
No.. 14165
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TERMS:
CUSTOMERS ORDER NO.
STORE NO. '
DEPT. NO.
WEIGHT
SHIPPED VIA
QUANTITY
DESCRIPTION -
UNIT
PRICE
AMOUNT
TOTAL
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ORIGINAL INVOICE
CHENNAULT MATERIAJ S
P. ft BOX `728
PEARL.AND., TEXAS 77581
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City of Pearland
P. 0. Box 157
Pearland, Texas 77581
INVOACE>,.
EXHIBIT
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No.;: 14176
DATE 11-7-73
P
Robinson Drive
TERMS:
CUSTOMERS ORDER NO.
STORE NO.
DEPT. NO.
WEIGHT
SHIPPED VIA
QUANTITY
DESCRIPTION
UNIT
PRICE
AMOUNT
TOTAL
ORDERED
SHIPPED
c'
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Jy
98 Yds.
Rock @ 3.25 Per Yd.
Hauling Chg._ @ 1.35 Per Yd.
THANKS
318.50
132.30
450.80
IN - 87
ORIGINAL INVOICE
ASSIGNMENT
WARRANT NO. 40
STATE OF 1:;XIS
COUNTY . Or BPAZOP.IA
Chennault Material & Equipment Company, for and in consideration of the
sum of $1,000.00, to it in hand paid by Community State Bank,
Houston, Texas , the receipt of which is hereby acknowledged,
does hereby sell, convey, and assign unto said Community State Bank
Houston, Texas , it successors and assigns, the claim of
Chennault Material & Equipment Company, in the sum— of $1,000.00, against
the City of Pearland, Texas, as partial payment of the amount of claim due said
Chennault Material & Equipment Company under Invoice dated June 25, 1973 ,
for materials furnished in connection with the construction of permanent street
improvements in the City of Pearland, Texas, together with the right of said
Chennault Material & Equipment Company to a like amount of City of Pearland
Street Improvement Time Warrants, Series 1972, dated January 1, 1972.
1974.
Executed at Pearland, Texas, this 9 day of \
CHENNAULT MATERIAL & EQUIPMENT COMPANY
ASSIGNMENT
WARRANT NO.
STATE OF ' XAS
• COUNTY OF BRAZORIA
41
Chennault Material & Equipment Company for and in consideration of the
sum of $1,000.00, to it in hand paid by Community State Bank,
Houston, Texas , the receipt of which is hereby acknowledged,
does hereby sell, convey, and assign unto said Community State Bank
Houston, Texas , it successors and, assigns, the claim of
Chennault Material & Equipment Company, in the sum of $1,000.00,against
the City of Pearland, Texas, as partial payment of the amount of claim due said
Chennault Material & Equipment Company under Invoice dated June 25, 1973 ,
for materials furnished in connection with the construction of permanent street
improvements in the City of Pearland, Texas, together with the right of said
Chennault Material & Equipment Company to a like amount of City of Pearland
Street Improvement Time Warrants, Series 1972, dated January 1, 1972.
1974.
Executed at Pearland, Texas, this 7 day of January
CHENNAULT MATERI& EQUIPMENT COMPANY
Owner