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R72-18 11-06-72RESOLUTION NO. 72-18 A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS, TO -WIT: ADDITION OF A 5,000 BARREL GALVANIZED GROUND STORAGE WATER TANK; APPROVING CLAIMS FOR PROFESSIONAL AND PERSONAL SERVICES RENDERED 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. 226 on the 27th day of December, 1971, authorizing the issuance of City of Pearland Waterworks System Time Warrants, Series 1972 in the principal sum of $25,000.00, for the purpose of evidencing the indebtedness of said City for all or any part of the cost of constructing per- manent improvements, additions, and extensions to said City's waterworks system, including personal and professional services and other incidental expenses to be rendered in connection therewith, and awarded contracts for the construction, repair and modification of such permanent improvements; and WHEREAS, claim for furnishing labor, materials, supplies, machinery, equipment, tools and superintendence for constructing the permanent improvements shown on said claim has been submitted, as follows: (1) Rheem Superior 5000 BBL galvanized bolted type ground storage tank - Invoice Total $13,508.00 WHEREAS, the claim of Rheem Superior mentioned above is attached hereto as Exhibit "A", and made a part hereof as if fully written herein; and WHEREAS, said claim Exhibit 11A" has been fully approved by William E. Wolff, City Manager for the City of Pearland, and this City Council hereby affirmatively finds that the City of Pearland has actually received the full benefits arising from said claim and to the full extent of the Time Warrants which are hereinafter authorized to be delivered to evidence the indebtedness of the City on said Claim, and 1. 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 liens 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 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 City Council wishes to approve said claim and to authorize the payment thereof by the issuance and delivery of certain said Time Warrants mentioned above in the amount of $13,000.00, plus a check in the amount of $508.00 from the City of Pearland, 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 of this Resolution are hereby affirmatively found to be true and correct. Section II. That said claim mentioned in the preamble of this Resolution, and fully 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 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 tobe delivered as herein- after provided. Section III. That it is hereby affirmatively found and declared that 2. the City of Pearland has received full benefit of labor, materials, supplies, machinery, equipment, tools and superintendence of said claim and account, 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 Rheem Superior, Warrants 12 through 24, both inclusive, aggregating $13,000.00, in the denomination of $1,000.00 each, of the City of Pearland Waterworks System Time Warrants, Series 1972, and the sum of $508.00 shall be paid to said Rheem Superior by check from 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 or 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 day of A. D. 1972. ATTEST: �i &Aft:4,u `-7a Smad Mayor, City of Pearland, Texas City Secretary/ City of Pearland, Texas 3. FORM OR-212-18 - -'' (ith'` EXHIBIT ` "A" ! � ee RHEEM SUPERIOR DIVISION OF RHEEM MANUFACTURING COMPANY TEXAS GULF PLANT P. O. BOX 14228 HOUSTON, TEXAS 77021 (713) 485-2771 How Shipped Invoice No. HOU-4226 Date Shipped From • Date Sept. 30, 1972 Prepaid Collect Branch Houston F. 0. B. Sales Order No. DT-1594 Shipped To Customer's No. Lease 7 Field City of Pearland County or Parish SOLD P. 0. Box 157 Ordered By TO Pearland, Texas 77581 ., I I � �! �. '� A Ls) NET 30 Days from date of invoice. ALL INVOICES PAYABLE AT TERMS: 8% Interest charged after due date. HOUSTON, TEXAS QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 Rheen Superior 5000 BBL galvanized bolted type ground $13,508.00 storage tank 1 . 37' 8 5/8" Dia. x 24' 1 1/2" high 2. 10 gauge throughout 3. 24 x 48 Ft. cleanout 4. Inside ladder 5. Outside ladder 6. 2041 centerdome 7. 8", screened vent 8. 61,1 overflow 9. 2. - 8" lfanges 10. 1 - 0,1 Inlet flange 11 . 24 x 24. deck hatch We guarani¢@ our goods to the extent that new material will be supplied for any article prpving �efective when used for the purpose for which if is manufactured An detach in workmanship or material will be repaired al our expense,but under no circumstances will we be responsible forloss d oil. Goods covered bylhis invoice were not produced under less than the minimum conditions required under the wage-andhour-low. ©L (1114) ASSIGNMENT r WARRANT NO. 12 STATE OF TEXAS COUNTY OF BRAZORIA RHEEM SUPERIOR, 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 RHEEM SUPERIOR in the sum of $1 , 000 . 00, against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30 , 1972 , for • materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements to the City of Pearland, Texas , Waterwork ' s System, together with the right of the said RHEEM SUPERIOR to a like amount of City of • Pearland, Texas , WATERWORKS SYSTEM TIME WARRANTS , SERIES 1972 , dated January 1 , 1972 . Executed at Pearland, Texas this day of iPeoV -r- 1972 . RHEEM SUPERIOR By: �Q�C Title : Vice President Attest: tir Plant Chief Accountant . (.1111 ASSIGNMENT WARRANT NO. 13 STATE OF TEXAS COUNTY OF BRAZORIA RHEEM SUPERIOR, for and in consideration of the sum of $1 , 000. 00 , to it in hand paid by PParl_and State Bank , Poarland State Rank , Texas , the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said pgarlanrl State Bank , its successors and assigns , the claim of RHEEM SUPERIOR in the sum of $1 , 000 . 00, against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30 , 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements to the City of Pearland, Texas , Waterwork ' s System, together with the right of the said RHEEM SUPERIOR -to a like amount of City of • Pearland, Texas , WATERWORKS SYSTEM TIME WARRANTS , SERIES 1972 , dated January .1, 1972 . Executed atPearland, Texas , this co7 day of. V/ , 1972 . RHEEM SUPERIOR By; ✓ ,. Title : Vice President Attest : Er age-Or4"14-- Plant Chief Accountant ASSIGNMENT WARRANT NO. l4 STATE OF TEXAS COUNTY OF BRAZORIA RHEEM SUPERIOR, for and in consideration of the sum of $1 , 000. 00 , to it in hand paid by pearland State Bank I -. Pearland , Texas , the receipt of which is hereby acknowledged, does hereby sell , convey , and assign unto said Pearland, Texas , its successors and assigns , the ' claim of RHEEM SUPERIOR in the sum of $1 , 000 . 00, against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30 , 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements to the City of Pearland, Texas , Waterwork ' s System, together with the right of the said RHEEM SUPERIOR to a like amount of. City of Pearland, Texas , WATERWORKS SYSTEM TIME WARRANTS , SERIES 1972 , dated January 1, 1972 . Executed atPearland, Texas , this 57e day of N , 1972 . RHEEM SUPERIOR By: C- Title : Vice President Attest: e Plant Chief Accountant r ASSIGNMENT • WARRANT NO. 15 STATE OF TEXAS COUNTY OF BRAZORIA RHEEM SUPERIOR, for and in consideration of the sum of $1 , 000. 00, to it in hand paid by T,1ryri r u,,«k;ns r Box 50 , Pearland , Texas , the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Lloyd C. Hawkins , his successors and assigns , the claim of RHEEM SUPERIOR in the sum of $1 ,000 . 00, against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30 , 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements • _ to the City of Pearland, Texas , Waterwork ' s System, together with the right of the said RHEEM SUPERIOR to a like amount of City of • Pearland, Texas , WATERWORKS SYSTEM TIME WAR'RANTS , SERIES 1972 , - dated January 1, 1972 . : Executed atPearland, Texas , this 9 ' day of 441/er ' - 1972 . • RHEEM SUPERIOR BY: ;7-"Y!111°!X). 4_,....,ef Title : Vice President. Attest: • ,f . , Plant Chief Accountant (4114) ASSIGNMENT WARRANT NO. 16 STATE OF TEXAS COUNTY OF BRAZORIA RHEEM SUPERIOR, for and in consideration of the sum of $1 , 000. 00 , to it in hand paid by _Lloyd C. Hawkins , Box 50, Pearland , Texas , the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Lloyd C. Hawkins , his successors and assigns , the claim of RHEEM SUPERIOR in the sum of $1 , 000 . 00 , against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30 , 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements to the City, of Pearland, Texas , Waterwork ' s System, together with the right of the said RHEEM SUPERIOR to a like amount of City of . Pearland, Texas , WATERWORKS SYSTEM TIME WAR'RANTS ,. SERLES 1972 , dated January 1, 1972 . Executed at Pearland, Texasthis 57 day of /1/®P/ . I 1972 . RHEEM SUPERIOR --D-----YFiCk 6-------Le--e Title : Vice President Attest: . C. ��Plant Chief Accountant • (41111) ASSIGNMENT WARRANT NO. 17 • STATE OF TEXAS COUNTY OF BRAZORIA RHEEM 'SUPERIOR, for and in consideration of the sum of $1 , 000. 00 , to it in hand paid by Lloyd C. Hawkins Box 50, Pearland , Texas , the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Lloyd C. Hawkins , his successors and assigns , the claim of RHEEM SUPERIOR in the sum of $1 , 000 . 00 , against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30 , 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements to the City of Pearland, Texas , Waterworks System, together with the right of the said RHEEM SUPERIOR to a like amount of City of Pearland, Texas , WATERWORKS SYSTEM TIME WARRANTS , SERLES 1972 , dated January 1, 1972 . Executed at Pearland, Texa; this day of ,V96' e 1972 . RHEEM SSUPPEERIOR B Y:„ D , ,ef � - Title : Vice President Attest: _ - C._ t9"271/1/4.€ Plant Chief Accountant • . • ASSIGNMENT • WARRANT NO. 18 • STATE OF TEXAS COUNTY OF BRAZORIA • RHEEM SUPERIOR, for and in consideration of the sum of $1 , 000. 00 , to it in hand paid by Lloyd C. Hawkins Box 50, Pearl'and Texas , the receipt of which is • hereby acknowledged, does hereby sell , convey, and assign unto said , his successors and assigns , the claim of RHEEM SUPERIOR in the sum of $1 , 000 . 00, against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due • Rheem Superior under Invoice dated September 30 , 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements • to the City of Pearland, Texas , Waterwork ' s System, together with the right of the said RHEEMSUPERIOR to a like amount of City of ' Pearland, Texas , WATERWORKS SYSTEM TIME WAR'RANTS , SERIES 1972 , • dated January 1 , 1972 . Executed at Pearland, Texas this ' day of /yaif; 1972. • RHEEM SUPERIOR B y: DU ' Title : Vice President Attest: L9 Plant Chief Accountant • ASSIGNMENT i WARRANT NO. 19 STATE OF TEXAS COUNTY OF BRAZORIA RHEEM SUPERIOR, for and in consideration of the sum of $1 , 000. 00, to it in hand paid by Lloyd C. Hawkins I Box 50, Pearland , Texas , the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Lloyd C. Hawkins , his successors and assigns , the . claim of RHEEM SUPERIOR in the sum of $1 ,000 . 00, against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30 , 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements to the City of Pearland, Texas , Waterwork ' s System, together with the right of the said RHEEM SUPERIOR to a like amount of City of • Pearland, Texas , WATERWORKS SYSTEM TIME WARRANTS ,. SERIES 1972 , dated January 1, 1972 . Executed atPearland, Texas , this day of `/R", 1972 . RHEEM SUPERIOR B y:Z�;JCL Title : Vice President Attteest : /� .... _ _ __, E, Plant Chief Accountant ASSIGNMENT ° WARRANT NO. 20 i STATE OF TEXAS \ COUNTY OF BRAZORIA RHEEM 'SUPERIOR, for and in consideration of the sum of $1 , 000. 00 , to it in hand paid by Lloyd C. Hawkins , L :) a Box 50 , Pearland Texas , the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Lloyd C. Hawkins , his successors and assigns , the claim of RHEEM SUPERIOR in the sum of $1 , 000 . 00 , against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30 , 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements to the City of Pearland, Texas , Waterwork ' s System, together with the right of the said RHEEM SUPERIOR to a like amount of City of • Pearland, Texas , WATERWORKS SYSTEM TIME WARRANTS ,, SERLES 1972 , dated January 1 , 1972 . Executed at Pearland, Texa9 this 57 day of /va/ ' r 1972 . RHEEM SUPERIOR By.✓ f,7 Title : Vice President • • Attest :__ _ _ __ _ ..& . esi ,...--,,,e__ - -- s • , ____ Plant Chief Accountant . . .. . .. . . .. ,. • ASSIGNMENT ° WARRANT NO.n 2] STATE OF TEXAS COUNTY OF BRAZORIA RHEEM SUPERIOR, for and in consideration of the sum of $1, 000. 00 , to it in hand paid by Lloyd C. Hawkins Box 50, Pearland , Texas , the receipt of which is hereby acknowledged, does hereby sell , convey , and assign unto said Lloyd C. Hawkins , his successors and assigns , the claim of RHEEM SUPERIOR in the sum of $1 ,000. 00 , against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30, 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements to the City of Pearland, Texas , Waterwork ' s System, together with the right of the said RHEEM SUPERIOR to a like amount of City of • Pearland, Texas , WATERWORKS SYSTEM TIME WARRANTS , SERLES 1972 , dated January 1, 1972 . Executed at Pearland, Texas this 9 day of U4 1972 . RHEEM SUPERIOR By: Title : Vice President Attest : ay.-dyne Plant Chief Accountant (41114) ASSIGNMENT WARRANT NO. 22 STATE OF TEXAS COUNTY OF BRAZORIA • RHEEM SUPERIOR, for and in consideration of the sum of _ $1, 000. 00 , to it in hand paid by Lloyd C. Hawkins Box 50 . Pearland , Texas , the receipt of which is hereby acknowledged, does hereby sell , convey , and assign unto said Lloyd C. Hawkins , his successors and assigns , the claim of RHEEM SUPERIOR in the sum of $1 , 000. 00, against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30 , 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements to the City of Pearland, Texas , Waterworks System, together with the right of the said RHEEM SUPERIOR to a like amount of City of . Pearland, Texas , WATERWORKS SYSTEM TIME WARRANTS ,. SERIfES 1972 , dated January 1 , 1972 . Executed atPearland, Texas , this 57 day of /Vf'Y , 1972 . RHEEM SUPERIOR B y: ;'' .`I ' K31' tEL-c_le_f Title : Vice President' Attest: e_ ', ' . Plant Chief Accountant h ASSIGNMENT • WARRANT NO. 23 STATE OF TEXAS ' COUNTY OF BRAZORIA RHEEM SUPERIOR, for and in consideration of the sum of $1 , 000. 00, to it in hand paid by Lloyd C. Hawkins Box 50 Pearland , Texas , the receipt of which is hereby acknowledged, does hereby sell , convey , and assign unto said Lloyd C. Hawkins , his successors and assigns , the claim of RHEEM SUPERIOR in the sum of $1 , 000 . 00 , against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30 , 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements to the City of Pearland, Texas , Waterwork ' s System, together with the right of the said RHEEM SUPERIOR to a like amount of City of • Pearland, Texas , WATERWORKS SYSTEM TIME WARRANTS , SERLES 1972 , dated January 1, 1972 . ' Executed at Pearland, Texas this 9 day of Afar. ' 1972 . RHEEM SUPERIOR By: t i, ti Title : Vice President Attest : Plant Chief Accour,, _ rkt ASSIGNMENT " WARRANT NO. 24 STATE OF TEXAS COUNTY OF BRAZORIA RHEEM SUPERIOR, for and in consideration of the sum of $1, 000 . 00 , to it in hand paid by Lloyd C. Hawkins Box 50 , Pearland , Texas , the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Lloyd C . Hawkins , his successors and assigns , the claim of RHEEM SUPERIOR in the sum of $1 ,000 . 00 , against the CITY OF PEARLAND, TEXAS , as partial payment of the amount of claim due Rheem Superior under Invoice dated September 30 , 1972 , for materials furnished and labor performed in connection with the construction, repair and modification of permanent improvements to the City of Pearland, Texas , Waterwork ' s System, together with the right of the said RHEEM SUPERIOR to a like amount of City of Pearland, Texas , WATERWORKS SYSTEM TIME WARRANTS , SERIES 1972 , dated January 1, 1972 . Executed at Pearland, Texas this 9_day of NOY/ 1972 . RHEEM SUPERIOR B y: r t e_e_it Title : Vice President Attest : • Plant Chief Accountant