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R72-12 07-24-72RESOLUTION NO. 72-12 A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS, TO WIT: THE CONSTRUCTION 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 "A", and made a part hereof as if fully written herein, and WHEREAS, said claim Exhibit "A" 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 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 might be properly charged or interposed as payment of said claims; and WHEREAS, it was provided in said day of of any kind or character which an offset or counterclaim to the ordinance adopted on December, 1971, that payment for said contracts and said should be made by the issuance of the time warrants hereinabove and the 27th claims mentioned; 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 aggregate amount of $ 5,000.00 leaving the additional $200.00 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 this resolution are hereby affirmatively found to be true and correct. Section II: That said claim mentioned in the preamble to this resolution, and full 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 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 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 23 to 27, both inclusive, aggregating $5,000.00 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 $200.00 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 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 1972. ATTEST: City Secretary Mayor, City of Pearland, Texas ONV®GcE • CHENNAULT MATERIAL & EQUIPMENT COMPANY NO. P. 0. BOX 728 PEARLAND, TEXAS DATE 7/21/72 YOUR ORDER NO. EXHIBIT "A" SOLD TO City of Pearland SHIPPED TO Pearland, Texas Longherridge Drive • OUR ORDER NO. SALESMAN TERMS F.O.B. DATE SHIPPED SHIPPED VIA II QUANTITY QUANTITY STOCK NUMBER DESCRIPTION UNIT PRICE UNIT AMOUNT ORDERED SHIPPED 1600 yard of Crushed Rock @ 3.25 per yd 5200.00 1 • LGr yu.el FORM 44-411 3-PARTS WILOON JONES COMPANY•©1061.PRINTED IN U.D.A. ORIGINAL 871 ASSIGNMENT • WARRANT NO. 27 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 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 July 21 , 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 the City of Pearland Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. 1 Executed at Pearland, Texas , this 27 day of 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY By: ASSIGNMENT WARRANT NO. 26 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 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 July 21 , 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 the City of Pearland Street Improvement Time Warrants , Series 1972, dated January 1 , 1972. Executed at Pearland, Texas , this 1 7 day of 1972. CHENNAULT MATERIAL& EQUIPMENT COMPANY By: • • ASSIGNMENT . • WARRANT NO. 25 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 Chennault Material & 'Equipment • Company, in the sum of $ 1 ,000.00 , against the City of Pearland, Texas, I' as partial payment of the amount of the claim due said Chennault Material & Equipment Company under Invoice dated July 21 , 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 the City of Pearland Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. Executed at Pearland, Texas , this „� 7 day of 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY By: ASSIGNMENT WARRANT NO. 24 • 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 Rank Pearland, Texas , the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Pearland State RArlk its successors and assigns, the claim of 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 July 21 , 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 the City of Pearland. Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. Executed at Pearland., Texas , thi.s ,._,2;7 day of': 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY By: • • • ASSIGNMENT • WARRANT NO. . . ;23 , • 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 Chennault-Material & 'Equipment Company, in the sum of $ 1 ,000.01 , against the City of Pearland, Texas, as partial payment of the amount of the -claim due said 'Chennault Material & Equipment Company-under Invoice dated July 21 , 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 the City of Pearland Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. • Executed at -, Pearland, Texas this ,_,77 day of • , . 1972. • CHENNAULT MATERIAL & EQUIPMENT COMPANY By: • •