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R72-15 08-28-72RESOLUTION NO. 72-15 A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS TO - WIT: REPAIR AND MODIFICATION TO CITY WATER WELL NO. 2, NO. 3, AND NO. 4; 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 in- debtedness of said City for all or any part of the cost of constructing permanent 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, claims for furnishing labor, materials, supplies, machinery, equipment, tools and superintendence for constructing the permanent improvements shown on said claims have been submitted, as follows: 1. For repairs and modifications to City Water Wells No. 2, No. 3 and No. 4 the claims of Katy Drilling, Inc., Katy, Texas in the amount of $5,450.76. WHEREAS, the claims of Katy Drilling, Inc. mentioned above is attached hereto as Exhibit "B", and made a part hereof as if fully written herein; and WHEREAS, said claim Exhibit "B" has been 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 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 contractors, 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 City Council wishes to approve said claim and to authorize the payment thereof by the issuance and delivery of certain of said Time Warrants mentioned above in the amount of $5,000.00, plus a check in the amount of $450.76 which includes the balance of $159.60 due from Exhibit "A" Resolution No. 72-6; 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 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 "B", 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 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 labor, materials, supplies, machinery, equipment, tools and superintendence of said claims and accounts, as shown in said Exhibit "B, 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 Katy Drilling, Inc., Warrant Numbers 7 to 11, both inclusive, aggregating $5,000.00, in the denomination of $1,000.00 each, of the City of Pearland Waterworks System Time Warrants, Series 1972, dated January 1, 1972, and the sum of $450.76 shall be paid to said Katy Drilling, Inc. by check. Section V: That the Mayor and the 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 „,p day of 1972. ATTEST: t�cretary City of Pearland //texas , A. D. &pi i/iaLL Mayor, City of Pearland, Texas Pam`- '-__ i,1', INVOICE - 4166-4I67-4I6E ®, INVOICE NO. Iit § >" KATYDRILLING' I NC CORRECTED - I■ KII'TI) GROUND WATER SPECIALISTS • DEEP WATER WELLS AND TURBINE PUMPS • 24 HR. SERVICE & REPAIR DRI LUNG P. O. BOX 278/KATY, TEXAS 77450 INCO''1PORATED KATY PHONE 713/852-4357 HOUSTON PHONE 713/492-2108 TO: City of Pearland - City Hall P. 0. Box 157 Pearland, Texas 77581 INVOICE DATE: CUSTOMER ORDER NO. JOB NO. August 25, 1972 For Repairs and Modification to Water Wells No. 2, 3 and 4. WELL NO. PUMP NO. ITEM LABOR MATERIALS TOTAL 2 42267 A $ 1 ,000.00 $ 222.00 $ 1 ,222.00 B 50.00 350.00 400.00 C 50.00 720.00 770.00 D 420.00 - 0 - 420.00 SUB TOTAL NO. 2 $ 1 ,520.00 $ 1 ,292.00 $ 2,812.00 3 48734L A $ 1 ,000.00 $ 232.00 $ 1 ,232.00 B 50.00 350.00 400.00 C 50.00 720.00 770.00 D - 1 ,630.00 1 ,630.00 E 230.00 400.00 630.00 F 420.00 - 0 - 420.00 SUB TOTAL NO. 3 $ 1 ,750.00 $ 3,332.00 $ 5,082.00 4 5I866L A $ 800.00 $ 1 ,346.76 $ 2, 146.76 B 50.00 640.00 690.00 C 25.00 75.00 100.00 D 620.00 - 0 - 620.00 SUB TOTAL NO. 4 $ 1 ,495.00 $ 2,061 .76 $ 3,556.76 Total Amount Earned $11 ,450.76 Less Paid To Date 6,000.00 TOTAL DUE THIS INVOICE $ 5,450.76 Ik EXHIBIT " B " Resolution No. 72-15 This amount is due and payable at our office in Katy, Harris County, Texas TERMS: All accounts are due upon receipt of invoice and considered to be past due after 10 days. Interest of 11/2% per month or 18% per annum will be charged on all invoices pastdue. 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Executed at , this day of 1972. KATY DRILLING, INC. (Seal ) By: Attest: Title: Secretary I ' • • ASSIGNMENT • WARRANT NO. 8 • • STATE OF TEXAS ) COUNTY OF BRAZORIA ) Katy Drilling, Inc. , for and in consideration of the sum of $ 1 ,900.00 , to it in hand paid by Community Bank • Houston , Texas, the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Community Bank its successors and assigns, the claim of Katy Drilling, Inc, •in the sum of $ 1 ,000.00 , against .the City of Pearland, Texas, as partial payment of the amount of claim due Katy Drilling, Inc. , under Invoice dated • August 25, 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 Katy Drilling, Inc. to a like amount of City of Pearland, Texas, Waterworks System Time Warrants, Series 1972, dated January 1 , 1972. • Executed at , this day of 1972. KATY DRILLING, INC. • (Seal ) By: • Atte.t: Title: Secretary ASSIGNMENT WARRANT NO. g ' STATE OF TEXAS ) • COUNTY OF BRAZORIA ) Katy Drilling, Inc. , for and in consideration of the sum of $ 1 ,000.00 , to it in hand paid by Community Bank Houston , Texas, the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Community Bank its successors and assigns, the claim of Katy Drilling, Inc, •in the sum of $ 1 ,000.00 , against the City of Pearland, Texas, as partial payment of the amount of claim due Katy Drilling, Inc. , under Invoice dated August 25, 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 Katy Drilling, Inc. to a like amount of City of Pearland, Texas, Waterworks System Time Warrants, Series 1972, dated January 1 , 1972. Executed at , this day of 1972. KATY DRILLING, INC. (Seal ) By: Attest: Title: y� :.Y�ary ASSIGNMENT WARRANT NO. in . STATE OF TEXAS ) COUNTY OF BRAZORIA ) Katy Drilling, Inc. , for and in consideration of the sum of $ 1 ,000.00 , to it in hand paid by Community BAnk Houston , Texas, the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Community BAnk its successors and assigns, the claim of Katy Drilling, Inc, •in the sum of $ 1 ,000.00 , against the City of Pearland, Texas, as partial payment of the amount of claim due Katy Drilling, Inc. , under Invoice dated August 25, 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 Katy Drilling, Inc. to a like amount of City of Pearland, Texas, Waterworks System Time Warrants, Series 1972, dated January 1 , 1972. Executed at , this day of 1972. KATY DRILLING, INC. (Seal ) By: Attest: Title: Secretary • ASSIGNMENT . WARRANT NO. 11 STATE OF TEXAS ) COUNTY OF BRAZORIA ) Katy Drilling, Inc. , for and in consideration of the sum of $ 1 ,000.00 , to it in hand paid by community Rank Houston , Texas, the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Community Rank. its successors and assigns, the claim of Katy Drilling, Inc, •in the sum of $1 ,000.00 , against the City of Pearland, Texas, as partial payment of the amount of claim due Katy Drilling, Inc. , under Invoice dated August 25, 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 Katy Drilling, Inc. to a like amount of City of Pearland, Texas, Waterworks System Time Warrants, Series 1972, dated January 1 , 1972. Executed at , this day of 1972. KATY DRILLING INC. (Seal ) By: Attest: Title: Sec ',.tart'