R73-15 07-09-73RESOLUTION NO. 73-15
A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING
PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF
PEARLAND, TEXAS TO WIT: THE CONSTRUCTING OF PER-_
MANENT 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, passed and approved
Ordinance No. 225 on the 27th day of December, 1971, authorizing the issuance
of 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 have been submitted by Chennault
Material & Equipment Company for the following named streets in the City of
Pearland, to -wit:
WEST CIRCLE DRIVE - From the Southwest right-of-way line of
E. Broadway (F. M. 518) Southwesterly to the'Northeast right-
of-way line of Shadybend Drive being approximately 2150 feet.
WHEREAS, the claims of the Chennault Material & Equipment Company
mentioned above is attached hereto as Exhibit "A", and made a part hereof as if
fully written herein, and
WHEREAS, said claim Exhibit "A" has boon 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 frau said
claim 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, 6r 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 counterclaim 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, there has accrued a balance due the Chennault Material & Equipment
Carpany from Resolution No 73-12 of $296.50, and
WHEREAS, the City Council wishes to approve said claim and to authorize
the payment thereof by issuance and delivery of certain said Time Warrants mentioned
above in the aggregate amount of $2,000.00, which includes the accrued balance
referred to above, leaving the additional $87.50 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 claim mentioned in the preamble to this resolution, and set
forth in Exhibit "A" in the amount of $1791.00, as mentioned in said preamble shall
be, and the same is hereby approved and allowed, and the City of Pearlard hereby
acknowledges receipt of the full benefits represented by said claim to the full
extent of the City's Time Warrant to be delivered as hereinafter provided. That
$296.50 accrued frau Exhibits approved in previous resolutions No. 73-12 mentioned
in the preamble is hereby added to the amount to be paid evidenced by Pchi.bit "A".
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", to the full extent thereof, and to the full amount of the
Time Warrant authorized hereinafter in this resloution to be delivered.
Section IV:
That there shall be executed and delivered to said Chennault Material
& Equipment Company, Warrants Nos. 40 and 41 in the denomination of $1,000.00 each,
of the City of Pearland Street Improvement Time Warrants, Series 1972, dated January 1,
1972, and the sum of $87.50 shall be paid to said Chennault Material & Equipment
Company by check frau the City of Pearland.
Section V:
That the Mayor and City Secretary are hereby authorized and directed
to execute and deliver said warrant 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 frau and after its passage.
PASSED AND APPROVED this
ATTEST:
7' day of
A. D., 1973.
���
Mayor, City of Pearland, Texas
1 e'" :0"/. ,._,,..„7 .-.i,
14121
DATE 6,, '-"' : 570
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TERMS: CUSTOMERS ORDER NO. STORE NO. DEPT.NO. WEIGHT SHIPPED VIA
QUANTITY UNIT
DESCRIPTION PRICE AMOUNT TOTAL
ORDERED SHIPPED ,1,
-39
,---0 A,..:7-4, $1/p/oc,
EXHIBIT "A"
RESOLl1TkN NO. 73-15
3 .&e -2--/,,iK.' -,47 .2:-,li
IN-87
ORIGINAL INVOICE
• ASSIGNMENT
WARRANT NO. 7,2
•
STATE OF TEXAS
COUNTY OF BRAZORIA
Chennault Materials for and in consideration of the sume 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 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 October .'5, 1973, October 10,
1973., and November 7, 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 Materials to a like amount of
City of Pearland Street Improvement Time Warrants, Series 1972, dated
January 1, 1972.
Executed at Pearland, Texas, this 7 day of
1974.
'CHENNAULT MATERIALS
ASSIGNMENT
WARRANT NO.
• STATE OF TEXAS •
COUNTY OF ERAZORIA
Chennault Materials for and in consideration of the sume 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 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 October 5, 1973, October 10,
1973, and November 7, 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 Materials to a like amount of
City of Pearland Street Improvement Time Warrants, Series 1972, dated
January 1, 1972.
Executed at Pearland, Texas, this (7 day of
61
G2r
1974.
CHENNAULT MATERIALS