R72-11 07-24-72RESOLUTION NO. 72-11
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 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:
SHADYCREST DRIVE, beginning at the Southerly Right -of -Way Line
of F. M. 518 along the center line of Shadycrest Drive a distance
of 2,397.86 feet Southerly to the Northerly Right -of -Way of
Shadybend Drive.
THENCE from the Southerly Right -of -Way Line of Shadybend Drive
Southerly along the center line of Shadycrest Drive a distance
of 1,024.44 feet to the Northerly Right -of -Way Line of Marys
Creek Lane East.
THENCE from the Southerly Right -of -Way of Marys Creek West
Southerly along the center line of Shadycrest Drive a distance
of 875.42 feet to the Southerly property line extended of Lotc3,
Block 2 of Shadycrest Subdivision:
SHADYBEND DRIVE, from the Westerly Right -of -Way Line of Longherridge
Drive, Westerly along the center line of Shadybend Drive a distance
of 839.41 feet to a point in the Westerly line of Lot 7, Block 9,
of Shadycrest Subdivision extended.
MARYS CREEK LANE EAST, from the Westerly Right -of -Way line of
Shadycrest Drive extended, Easterly along the center line of
Marys Creek Lane East a distance of 605.11 feet to the Easterly
Right -of -Way Line of Longherridge Drive extended. This line also
being the Westerly Line of Lot 2, Block 8 of Shadycrest Subdivision.
MARYS CREEK LANE WEST, from the Westerly Right -of -Way Line of
Longherridge Drive, Westerly along the center line of Marys Creek
Lane West a distance of 805.58 feet to a point in the extension
of the Westerly Lot Line of Lot 1, Block 7 of Shadycrest Subdivision.
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 C" 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
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, 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 $=7,000.00, leaving the additional
$361.25 to be paid by said City on submission of future invoices by Chennault
Material and 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 fully
set forth in Exhibit C, 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 there-
of and to the full extent of the City's Time Warrants to be delivered as here-
inafter 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 "C", 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 16 to 22, both inclusive, aggregating
$7,000.00 in denominations of $1,000.00 each, of the City of Pearland Street
Improvement Time Warrants, Series 1972, dated January 1, 1972, and the sum of
$361.25 shall be paid to said Chennault Material & Equipment Company upon sub-
mission 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
Attest:
day of O _ 1 , 1972.
(%/eJs?12(H:Lt
City Secretary -
Mayor, City of Pearland, Texas
INVOICE
Ate'
CHENNAULT MATERIAL & EQLIJMENT COMPANY
NO.
P. 0. BOX 728
PEARLAND, TEXAS 77581 DATE 7/21/72
YOUR
ORDER NO.
EXHIBIT "C"
SOW TO ® City of Pearland SHIPPED TO
Pearland, Texas Shadycrest Drive
OUR ORDER NO. SALESMAN TERMS F.O.B. DATE SHIPPED SHIPPED VIA.
QUANTITY QUANTITY STOCK NUMBER DESCRIPTION UNIT PRICE UNIT ORDERM SHIPPED AMOUNT 2265 yards of Crushed Rock @ 3.25 per yd 7361 .25
•
I Gravp..] FORM 44-417 3-PARTS WILSON JONEs COMPANY°Q 1961•PRINTED IN U.S.A.
ORIGINAL 871
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ASSIGNMENT •
WARRANT NO. 1C
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 $l ,n,on_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 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 a pa,�l:,nri Tt- G , thi.s c2 7 day of 5 :2,..,e7
1972.
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By:
r '
ASSIGNMENT
WARRANT NO. 17
STATE OF TEXAS )
II
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
li 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 o2, , day of'.
1972.
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By:
s
1 .
ASSIGNMENT
•
WARRANT NO. 18
' 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
1 Pearland, Texas , the receipt of which. is hereby acknowledged,
j .
does hereby sell , convey, and assign unto said Pearland State Bank
1 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 alike amount of the City of Pearland
Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. .
Executed at - Pearland, Texas , this ,2 2 day of --5 - ,
1972. .
.
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By: .
. i
1
ASSIGNMENT 0
WARRANT NO. 20
•
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 , thi.s day of ,
1972. = =
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By:
i a
ASSIGNMENT
WARRANT NO. 21
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,
partial
as 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 7 day
1972.
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By:
( .
ASSIGNMENT
•
WARRANT NO. 19
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 a ? day of
1972.
CHENNAULT MATERIAL& EQUIPMENT COMPANY
By:
r
•
ASSIGNMENT
WARRANT NO. 22
STATE OF TEXAS )
COUNTY OF BRAZORIA )
Chennault Material & Equipment Company for and in consideration of
the sum of $ 1 nnnnp , to it in hand paid by Pearland Statp Rank
PParland, Texas , the receipt of which is hereby acknowledged,
•
does hereby sell , convey, and assign unto said Pearland tit ngrik
its successors and assigns, the claim of Chennault Material & 'Equipment
Company, in the sum of $ l ,nnn,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 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 e2 7 day of ,
1972.
CHENNAULT MATERIAL & EQUIPMENT COMPANY
By: