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R73-12 05-14-73RESOLUTION NO. 73-12 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, 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: 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. Trelawney Drive - from the East right-of-way line of Union Valley Drive, Easterly and Northeasterly along the centerline of Trelawney Drive; to the Southwesterly right-of-way line of Meadowville Drive, a distance of approximately 932.55 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 #01 frelN WHEREAS, said claims shown on Exhibit "A" 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 evidence the indebtedness of the City of said 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 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 the Time Warrants hereinabove mentioned; and WHEREAS, the.rCity-Council wishes to approve said claims and to authorize the payment thereof by issuance and delivery of certain said Time Warrants mentioned above in the aggregate amount of $4,000.00 and the balance of $296.50 to be paid on sub- mission of future invoices; therefore, TEXAS: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, Section I: That the statements and recitations contained in the preamble 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", as mentioned in said preamble shall be, and the same is hereby approved and allowed, and the City of Pearland hereby acknowledges receipt of the full benefits represented by said claim to the full extent thereof and 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 said 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 Material & Equipment Company, Warrants Numbers 36 to 39, both inclusive, aggregating $4,000.00 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 $296.50 shall be paid to the Chennault Material & Equipment Company upon submission of future invoices. 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 or convenient to carry out the terms of this resolution. Section VI: That this resolution shall take effect from and after its passage and approval. PASSED AND APPROVED THIS jr/ DAY OF 1973. Mayor, City of Pearland, Texas ATTEST: City Secretary, - INVOICE No. 14067 CHENNAULT MATERIAL & EQUIPMENT COMPANY Box 728 Pearland, Texas 77581 May 10, 1973 DATE o City of Pearland Box 157 Pearland, Texas Q O L_ L TERMS: CUSTOMERS ORDER NO. STORE NO. DEPT.NO. WEIGHT SHIPPED VIA QUANTITY UNIT, ,DESCRIPTION PRICE AMOUNT TOTAL ORDERED SHIPPED FRANCES STREET • 478 yards of Rock 3.25 yd $1 ,553.50 TRELAWNEY DRIVE 844 Yards of Rock 3.25 Yd 2,743.00 Total $4,296.50 EXHIBIT "A" (N-87 ORIGINAL INVOICE ASSIGNMENT . WARRANT NUMBER 36 STATE OF TEXAS COUNTY OF BRAZORIA Chennault Material & Equipment Company, for and in consideration of the sum of '$ 1, 000. 00 , to it in hand paid by MrG ,Tos;P Heflin . Pen.r1.anr'. , Texas, the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto said. Mrs. Josie Heflin its successors and assigns, the claim of the Chennault Material & Equipment Company, in the sum of $ 1,000. 00 , against the City of Pearland, Texas, as partial payment of the amount of the claim due said Chennault Material & Equipment Company, under Invoice dated May 10, 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, Texas , Street Improvement Time Warrants, Series . 1972 , dated January 1, 1972 . Executed at Pearland, Tex. , this / .; day of A. D. 1972. , CHENNAULT MATERIAL & EQUIPMENT COMPANY By= ���.f2--ez» Owner ASSIGNMENT WARRANT NUMBER 37 STATE OF TEXAS COUNTY OF BRAZORIA • Chennault Material & Equipment Company, for and in consideration of the sum of $ 1,000. 00 , to it in hand paid bYMr Josie Heflin, Ptarland , Texas, the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto said ` Mrs. Josie Heflin , its successors and assigns, the claim of the Chennault Material & Equipment Company, in the sum of $ 1,000. 00 , against the City of Pearland, Texas, as partial payment of the amount of the claim due said Chennault Material • & Equipment Company, under Invoice dated May •10 , 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, Texas, Street Improvement Time Warrants, Series 1972 , dated January 1, 1972 . Executed atPearland, Texas , this / day of 40 /1/4.40(...44 • A. D. 1972 . CHENNAULT MATERIAL & EQUIPMENT COMPANY ,-7e/12 By 013 Owner • (111114 ASSIGNMENT WARRANT NUMBER ; STATE OF TEXAS COUNTY OF BRAZORIA Chennault Material & Equipment Company, for and in consideration of the sum of $- 1,000. 00 , to it in hand paid by Pearland State Bank \ , Pearland , Texas, the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto said Pearland State Bank , its successors and assigns, the claim of the Chennault Material & Equipment Company, in the sum. of '$ 1,000. 00 • , against the City of Pearland, Texas, as partial payment of the amount of the claim due said Chennault Material & Equipment Company, under Invoice dated May 10 , 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, Texas, Street Improvement Time Warrants, Series, 1972 , dated January 1, 1972 . Executed at Pearland, Texas , this. ,C day of ) -01,. A. D. 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY BY= QG=n,1-77 (° Owner ASSIGNMENT WARRANT NUMBER 39 STATE OF TEXAS COUNTY OF BRAZORIA Chennault Material & Equipment Company, for and in consideration of the sum of .$'. 1,000. 00 , to it in hand paid by pearl anri State Bank Pei?rland . . . . . . . . . , Texas, the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto said Pearland State Bank , its successors and assigns, the claim of the Chennault Material & Equipment Company, in the sum of $ 1,000. 00 , against the City of Pearland, Texas , as partial payment of the amount of the claim due said Chennault Material & Equipment Company, under Invoice dated May 10, 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, Texas , Street Improvement Time Warrants, Series 1972, dated January 1, 1972 . Executed at pearland. Texas , this IC day of ,A4;./ A. D. 1972 . CHENNAULT MATERIAL & EQIJIPMENT COMPANY By t��� Owner nr,ZVI_,`t1JU1V , '; ' - • '''...:— `...: q 1 r WHREZi5, the hereinafter named has unselfishly contributed time, talents 'and energies to'serve the people of the ci• ty of Pearland; and , t d r f t WHgRE13,5; such contribution has become a part of the foundation upon which this city, stands; and . 1 j WHgRE , the members .: ofthe >.t Council y �_ pity of Pearland, Brazoria and Harris Counties, state of-texas deem it fitting-and proper,to recognize the ser'" vice and contribution of E. A. : WASEK COUINCT`LMAN - . .APRI'L, 1966 TO APRIL, 1973 MAYOR PRO TEMPORE APRIL, 1970 TO APRTL, 1971= NOW.THEREFOR , he it resolved and signatures hereunto affixed attest and bear witness that the hereunder--signed and the people of this city, do gratefully acknowledge that service and contribution: - Passed.on this `: -:.9tdi day of APRI L , A. 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