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R72-10 06-26-72
RESOLUTION NO. 72-10 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- bdness of said City for allior 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 Lot 3, 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. r WHEREAS, the claim of 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 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 indebted- ness 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 $9,000.00, leaving the additional $314.50 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 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 hereby 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 materials of said claims and accounts, as shown in Exhibit 8, 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 7 to 15, both inclusive, aggregating $9,000.00 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 $314.50 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 g4„; day of 1972. ATTEST: l44 Or l� City Secretary, ty of Pearland, Texas eCtignJ c -MG 064 Mayor, City of Pearland, Texas - )eN"--) : _..\ ., - . i C,iN 1 ` C-o , , y iNV®ICE 1 -G, it C\-- A 0 I ! c_h DATE ;; EXHIBIT " B " ORDER NO. ;j SOLD TO • A \ C-'Coi )(N. �1C� t l_� 0 � SHIPPED TO • S i' ' OUR ORDER NO. SALESMAN TERMS F.O.B. DATE SHIPPED SHIPPED VIA !I I QUANTITY Y QUANTITY STOCK-NUMEER/DESCRIPTION UNIT PRICE UNIT AMOUNT � ORDERED SHIPPED o, &S SA C'.,c- \ - ) --":27"..6 e":7-77,;,-9,,..1 .- I Gr.yliaoI FORM 44-411 3-PARTS WILSON JONES coMPANY•V 7961•PRINTED IN U.S A. TRIPLICATE ;041.1 871 1 • -�Nva»cE I` _ (. Ox 1 Mg?...." NO. 1 t (- - '_I � eav, o. j ) e- DATE YOUR R. EXHIBIT "B" ORDER NO. is t: 1 } SOLD TO • t, Q ` Ue C�.l )0.....oc SHIPPED TO • ilk � k. • fl OUR ORDER NO. SALESMAN TERMS F.O.B. DATE SHIPPED SHIPPED VIA (:' QUANTITY QUANTITY STOCK NUMBER DESCRIPTION - UNIT PRICE UNIT AMOUNT ORDERED O tA SHIPPED 1 8. . L. t 1 QC o C.-krl A73 c. ,(- \"N U ,0 1 r2 • 'Groglincl FORM 44-411 3-PARTS WILSON JONES COMPANY•©1361 a PRINTED IN U.S.A. el", DUPLICATE 41111k, 871 monsul=MIsesim....- _ s, /1 ....010006.4' INVOLICE •. 67_, _. r/2 ,,. , (.'" ( • ' •- :,. - - -‘',. . ( .)-A,Ie----f, NO. , , - •-•-• '" - i 1r- . ---' / . . . , i • g 1 er Ir.,- /7,1 DATE Lo - / ...-/ - j,/,-, i EXHIBIT 1 TB I! YOUR ORDER NO. ...„ , „ 1 ) .,, c SOD TO ' l',. --i---- J. I -, -- 1 SHIPPED TO .. . ' ' 1 .,:_-c..-,_.' .i.-7 k_.---1 rt-- ...t.,..-.- OUR ORDER NO. SALESMAN --- TERMS F.O.D. DATE SH1prEo 1 .5)..11.??y,2_yi .. „..,,,,,.„,.„,,,,,,,,„,,,,,,, „41..... __. --- -1W----- ..,--- -'-----.1..--, G'JANTITY i QUANTITY SOCK NUMBE:'./DESC:RIF 110N ' i UT-FRICE UNIti ''.,1q.,AOUNT Li ORDERED SHIPPED . ---- , I , - ----i- -- ' _.1 i., ' 17 \../ i 1/."..-•-:-..-.' .- - -L--- , ., p" i . e ? / .. . i (1::.) 7 ::------- ii _.-L. __,.-i .) ‘....,.____... • V 1 ' 1 . , •i K. j1 '-) ..-.....' ,... ".; / 4 , _ 11 •,-.7". -1,-- C.- '1 ", 1-,• 1 , t 1,GraYLi2i -..:;Fil'ai .14-411 2-PARTS V.ILSOti JONI:5 COMPANY.©1961°FEINT:=0 1:,:U.S.A. TRIPLICATE 'ow 'mar 871 • • • • - • .2, 1 - "11111b, . -.wit 1?._1•.* - 0:- - ,:, ' ''' ;•-•■•••\ . J--e' 11----"' -\\::Z.-&—)...<42_,L, ---1.1--1•, c____ :±..,, 4 . ,>"-• ... ., _.. NO. --\ • • . • DATE Zo - /-/-5-- 7.., , . _ _. ... YOUR - _ ORDER NO. . , • . 1 _ SOLD TO • r., . ) SHIPPED TO • c\I , U.---1 • i1 OUR ORDER NO. SALESMAN TERMS F.O.B. . DATE SHIPPED SHIPPED'VIA i I QUANTITY QUANTITY ORDERED SHIPPED STOCK NUMBER/DESCRIPTION UNIT PRICE UNIT AMOUNT ::- 1 i•2 7-1 2 / Cii.,,,n,..,,,,,,,,,...,.../...y__— ,..4,,,,,..„......,...- .,, ......4.'_..:1 Ge...41, il 3 ,.,2 ,f)--- i„,....) .„...,. ,L, ' ,.. i - 1 ..„..4,,, ) • :i P i 1-- , \ . . ce _ I, LA(--- ‘,..). - 4,_.......44....., ,.., „, !,1 1GrayLin•I FORM 44-411 3-PARTS WILSON JONES COMPANY•©1861•PFUNTCD IN U.S.A. 41111k, DUPLICATE 871 111 i' • ASSIGNMENT WARRANT NO. 8 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 dank 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 claim due said Chennault Material & Equipment Company under Invoices dated June 8, 1972 and June 15, 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 to a like amount of City of Pearland Street Improvement Time Warrants , Series 1972, dated January 1 , 1972. Executed at Pearland, Texas , this 22 day of June 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY By: ASSIGNMENT WARRANT NO. 7 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 dank 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 claim due said, Chennault Material & Equipment Company under Invoices dated June 8, 1972 and June 15, 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 to a like amount of City of Pearland Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. Executed at Pearland, Texas , this 28 day of June 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY By: ASSIGNMENT WARRANT NO. 9 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 claim due said Chennault Material & Equipment Company under Invoices dated June 8, 1972 and June 15, 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 to a like amount of City of Pearland Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. Executed at Pearland, Texas , this day of 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY By: • , . ASSIGNMENT WARRANT NO. 10 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, B does hereby sell , convey, and assign unto said Pearland State ank 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 claim due said Chennault Material & Equipment Company under Invoices dated June 8, 1972 and June 15, 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 to a like amount of City of Pearland Street Improvement Time Warrants, Series 1972, dated January .1 , 1972. Executed at Pearland, Texas , this day of 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY By: • ASSIGNMENT WARRANT NO. •11 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 Sank 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 claim due said Chennault Material & Equipment Company under Invoices dated June 8, 1972 and June 15, 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 to a like amount of City of Pearland Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. Executed at Pearland, Texas , this day of 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY By: ASSIGNMENT • WARRANT NO. 12 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 Sank 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 claim due said Chennault Material & Equipment Company under Invoices dated June 8, 1972 and June 15, 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 to a like amount of City of Pearland Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. Executed at Pearland, Texas , this day of 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY By: • • ASSIGNMENT WARRANT NO. 1/ 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 Mrs. Josie Heflin Pearland, Texas , the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Mrs. Josie Heflin 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 claim due said Chennault Material & Equipment Company under Invoices dated June 8, 1972 and June 15, 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 to a like amount of City of Pearland Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. Executed at. Pearland, Texas , this 28 day ofJune 1972. •CHENNAULT MATERIAL &. EQUIPMENT_ COMPANY By: ASSIGNMENT WARRANT NO. 14 STATE OF TEXAS ) . COUNTY OF BRAZORIA ) Chennault Material & Equipment Company for and in consideration I of the sum .of $ 1 ,000.00 , to it in hand paid by Mrs. Josie Heflin • Pearland, Texas , the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Mrs. Josie Heflin , 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 claim due said Chennault Material & Equipment Company under Invoices dated June. 8, 1972 and June 15, 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 to a like amount of City of Pearland Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. • Executed at Pearland, Texas , this 28 day of June 1972. • .CHENNAULT MATERIAL & EQUIPMENT COMPANY : - By: . . -- — — ASSIGNMENT • WARRANT NO. 15 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 Mrs. Josie Heflin Pearland, Texas , the receipt of which is hereby acknowledged, does hereby sell , convey, and assign unto said Mrs . Josie Heflin 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 claim due said Chennault Material & Equipment Company under Invoices dated June. 8, 1972 and June 15, 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 to a like amount of City of Pearland Street Improvement Time Warrants, Series 1972, dated January .1 , 1972. Executed at Pearland, Texas , this 28 day of June , 1972. • CHENNAULT MATERIAL & EQUIPMENT. COMPANY ,.. By: