R72-14 08-28-72RESOLUTION NO. 72-14
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 60% OF THE
PROPERTY OWNERS ON ANY STREET, OR 600 FOOT PORTION THEREOF,
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 or any part of the cost of constructing
permanent street improvements within certain areas of the City in which
60% of the property owners on any street, or 600 foot portion thereof, 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.
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:
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 "B", and made a part hereof as if fully
written herein, and
WHEREAS, said claim Exhibit "8" 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 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, orotherwise to said City, or to any official thereof; of any
lien for any materials, 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 Chennault Material & Equipment
Company from Exhibit "A" - Resolution No. 72-9 of $12_50; from Exhibit "B" -
Resolution No. 72-10 of $314.50; from Exhibit "C" - Resolution No. 72-11
of $361.25; from Exhibit "A" = Resolution No. 72-12 of $200.00, making a
total of $888.25, 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 $7,000.00, which includes the
accrued balance referred to above, leaving the additional $437.00 to be paid
by said City on submission of future invoices by Chennault Material & Equipment
Company; 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 "B" in the amount of $6,548.75, 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 Warrants to be delivered as hereinafter provided.
That $451.25 of the $888.25 accrued from Exhibits approved in previous resolutions
mentioned in the preamble is hereby added to the amount to be paid evidenced by
Exhibit "B".
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 "B", to the full extent thereof, and to the full amount of 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 28 to 34`, both inclusive, aggregating
$7,000.00 in 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
$437.00 shall be paid to said Chennault Material & Equipment Company upon
submission of future estimates.
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 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 .„-z9 day of
1972.
ATTEST:
/
a / _J•....
City Secretary/
, A. D.
Mayor, City of Pearland, Texas
WJ1VOJCE
Ask .4014
Chennault, Material` - Equipment Company
Pearland, Texas NO.
DATE 8/24/72
YOUR
EXHIBIT " B" ORDER NO.
SOLD TO City of Pearland SNIPPED TO
Pearland, Texas Longherridge Drive
s
OUR ORDER NO. SALESMAN TERMS F.O.B. DATE SHIPPED SHIPPED VIA
QUANTITY QUANTITY STOCK NUMBER/DESCRIPTION UNIT PRICE UNIT AMOUNT
ORDERED SHIPPED
2015 yards of Crushed Rock (0 3.25 per yard 6548 75
7././;
[GlnyllnJ FORM 44-411 3-PARTS LYILSON JONES COMPANY 19G1.PRINTED IN V.S.A.
.
ORIGINAL 871
ASSIGNMENT
WARRANT NO. 11
STATE OF TEXAS )
COUNTY OF BRAZORIA ) .
Chennault Material &Equipment Company, for and in consideration of
the sum of $ 15noo_on , to it in. hand paid by Pearland State Bank ,
Pelsrland_ , 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 August 24, 1972, 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 29 day of August
1972.
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By:
1
. L )
ASSIGNMENT
WARRANT NO. 34
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 August 24, 1972, 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 29 day of August
1972.
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By:
•
,1
ASSIGNMENT
WARRANT NO. 32
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 August 24, 1972, 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 29 day of August • ,
1972.
•
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By:
•
. i
9 L
•
ASSIGNMENT
WARRANT NO. 33
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 August 24, 1972, 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 p ,rl a vi r�r�s , this 2a day of AuglIst, ,
1972.
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By:
ASSIGNMENT
WARRANT NO. 30
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 August 24, 1972, 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 29 day of August ,
1972.
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By:
ASSIGNMENT
WARRANT NO.
STATE OF TEXAS )
COUNTY OF BRAZORIA )
Chennault Material & Equipment Company, for and in consideration of
the sum of $ 1 ,nnn,0n , to it in. hand paid by Pearland Statc Dank '
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,nn , against the City of Pearland, Texas,
as partial payment of the amount of the claim due said Chennault Material
& Equipment Company, under Invoice dated August 24, 1972, 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 29 day of August _
1972.
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By:
. y c s
L
ASSIGNMENT
WARRANT NO. 28
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 August 24, 1972, 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 29 day of August
1972.
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By: