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R72-17 09-25-72RESOLUTION NO. 72-17 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 COST OF SAID IMPROVEMENTS AS EXPRESSED IN THE CITY OF PEARLAND'S STREET PARTICIPATION POLICY RESOLUTION NO. 71-26: 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 City of Pearland Street Improvement Time Warrants, Series 1972 in the principal sum of $50,000.00, for the purpose of evidencing the in- debtedness of said City for all of any part of the permanent street improvements within certain areas owners have agreed to participate with the City in as expressed in City WHEREAS, claims Material & Equipment Pearland, to -wit: • cost of constructing of the City where property cost of said improvements of Pearland Street Paving Policy, Resolution No. 71-26. for furnishing materials have been submitted by Chennault Company for the following named streets in the City of LONGHERRIDGE DRIVE - from the Southeast Right -of -Way line of Shadycrest Drive along the center line of Longherridge Drive, Southeasterly and Southwesterly 3,525.23 feet to the Northeasterly Right -of -Way line of Marys Creek Lane East. MARYS CREEK LANE EAST - from the Southeast Right -of -Way line of Longherridge Drive, extended approximately 298.33 feet northwest along the center line of Marys Creek Lane East to the Westerly property line of Lot 2, Block 8 extended. WHEREAS, the claim of the Chennault Material & Equipment Company mentioned above is attached hereto as Exhibit "C", and made a part hereof as if fully written herein, and WHEREAS, said claim Exhibit "G" has 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 claim and the the full extent of the Time Warrants which are herein- after authorized to be delivered to evidence the indebtedness of the City on said 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, 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, there has accrued a balance due the Chennault Material & Equipment Company from Resolution No. 72-14 of $437.00, and WHEREAS, the City Council wishes to approve said claim and to authorize the payment thereof by issuance and delivery of certain said Time Warrant mentioned above in the aggregate amount of $1,000.00, which includes the accrued balance referred to above, leaving the additional $57.75 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 "C" in the amount of $620.75, 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 of the City's Time Warrant to be delivered as hereinafter provided. That $437.00 accrued from Exhibits approved in previous resolutions No. 72-14 mentioned in the preamble is hereby added to the amount to be paid evidenced by Exhibit "C". 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 "C", to the full extent thereof, and to the full amount of the Time Warrant authorized hereinafter in this resolution to be delivered. Section IV. That there shall be executed and delivered to said Chennault Material & Equipment Company, Warrant No. 35 in the denomination of $1,000.00, of the City of Pearland Street Improvement Time Warrants, Series 1972, dated January 1, 1972, and the sum of $57.75 shall be paid to said Chennault Material & Equipment Company 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 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 from and after its passage. PASSED AND APPROVED this ,2 S day of 1972. ATTEST: , A. D. City Secretary Mayor, City of Pearland, Texas INVOICE 't`.., EXHIBIT "C" - Chennault Material & Equipment Company NO. - Pearland, Texas DATE YOUR ORDER NO. SOLD TO o City of Pearland SHIPPED TO Box 157 Pearland, Texas Longherridge Drive 0 OUR ORDER NO. SALESMAN TERMS F.O.B. DATE SHIPPED SHIPPED VIA QUANTITY QUANTITY STOCK NUMBER/DESCRIPTION UNIT PRICE UNIT AMOUNT ORDERED SHIPPED 191 yards of crushed rock @ 3.25 per yard $ 620.75 "3 //ff _— sU 4��iLrt� / I GrayLnal FORM 44-411 3-PARTS WILSON JONES COMPANY°©1961•PRINTED IN U.S.A. ORIGINAL 970 ASSIGNMENT WARRANT NO. 35 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 ; George V. Hastings Pearland -, Texas, the' receipt •o•f which is hereby acknowledged, does hereby sell , convey, and assign unto said George V. Hastings , its successors and assigns, the claim of the Chennault Material &Equipment Company, 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, as reflected by Resolution No. 72- 17 dated September, 25, 1972,:7: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 , this day of . , 9 . -.1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY By:. ug A. i y -� - ., f � . ! y�' ry �,, .d' 1 s F. 5 P' , K F. E r,. '� x