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R72-09 05-30-72RESOLUTION NO. 72-9 r1 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: 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 Street, 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 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 6f 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 inter- posed 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 $6,000.00, leaving the additional $12.50 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 of this resolution, and fully 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 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 said 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 1 to 6, both inclusive, aggregating $6,000.00 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 $12.50 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 (.50 day of ATTEST:- City Secretary City of Pearland, Texas , 1972. Mayor, City of Pearland, Texas iw II N Va. C}LET NAUI.T T TEk1..jCO. --� P.O BOX 728 NO. PE.ARIAND TEXAS DATE', 5/25/72 EXHIBIT "A"% YOUR t'e ORDER NO. • SOLD TO • SHIPPED TO CITY OF P 4RIAND • • • OUR ORDER NO. SALESMAN TERMS F.O.B. DATE SHIPPED SHIPPED'VIA QUANTITY QUANTITY STOCK NUMBER/DESCRIPTION UNIT PRICE UNIT AMOUNT ' ORDERED SHIPPED 1063 - YD. CRUSHED ROCK @ $3.25 PR. YD. _ $3,454.75 THANK YOU NORMAN { IENNAUET 1 GmYLI.e)FORM 44-411 9-PARTS WILSON JONES COMPANY•01961•PRINTED IN U.S.A. /404 DUPLICATE 871 - • - -INVOICE , I ; CIIENNAULT MATER.1. CO. P.O BOX 728 = NO. • PEARLA.ND TEXAS 11 DATE 5/25/72 YOUR ORDER NO. • • •I SOLD TO SHIPPED TO CITY OF PEARLA.14D • • OUR ORDER NO. SALESMAN I TERMS F.O.B. DATE SHIPPED SHIPPED VIA QUANTITY QUANTITY STOCK NUMBER/DESCRIPTION UNIT PRICE UNIT AMOUNT ORDERED SHIFPED 1063 YD. CRUSRE:0 ROCK @ $3.25 PR. .YD. $3,454.75 • THANK YOU 11ORMAN CaRicRiAULT iGrayliDe I FORM 44-411 3-PARTS WILSON JONES COMPANY•o= 196I•PRINTED IN U.S.A. TRIPLICATE Ants, 871 ill , . , INVOICE CHEIVA OLT i•14 TEP.,' ''•:. CO --• : C. '• ' , .:: 9. BOX 728 - P FA R LA ND TEXAS _ NO. 4,--- . I I DATF 5/1 8/72 EXHIBIT "A" - - YOUR 1 I ORDER NO. SOLD TO • - SHIPPED TO CITY OF PEARLAND i - PrRLANT; TLXAS • I _ 1 — OUR ORDER NO. SALESMAN TERMS F O.B. I DATE SHIPPED i SHIPPED VIA I I \ QUANTITY QUANTITY ORDERED SHIFFED STOCK NCN/BLR/DESCRIPTION UNIT PRICE UNIT AMOUNT ' 7 P7 YARDS OF $72,13STD ar CTI.• ,:-:I $,°:,.2.5 L,I;. YD, $2.557.75 1 Iv;.,,11-'fl 7 c-u :;(.1+RT:,',!Y: 1;11:::,IN_%17,-;_i I GrnyLi I FORM 44-411 3-PARTS LVILSC N JONES COMPANY•©1961.PRINTED IN U S A. Alik web, 970 DUPLICATE - 4tA44 _ 00. � �' ,�"-.-- T '. - • ...tea* / .% } INVOICE CUMULI' "118466) •• P.D. BOX 723 PEARL TEXAS NO. DATE 5/18/72 • • YOUR _ ORDER NO. ,• SOLD TO • SHIPPED TO CITY_ OF PEARL.M • PE.A.R.T.AND TEXAS - • `I. OUR ORDER NO. SALESMAN TERMS F.O.B. DATE SHIPPED SHIPPED"VIA • QUANTITY QUANTITY STOCK NUMBER/DESCRIPTION UNIT PRICE UNIT - AMOUNT ORDERED SHIPPED 787 YAR_tS OF CRUSHED ROCK 4;3..25 W. YD. $2,557.75 TEM YOU NORMAN CHEITNAULT • iGiayL196) FORM 44-411 3-PARTS WILSON JONES COMPANY.©1961•PRINTED IN U.S.A. tdilk TRIPLICATE 970 ASSIGNMENT WARRANT NO. / 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 May 25, 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, Texas, Street Improvement Time Warrants , Series 1972, dated January 1 , 1972. EXECUTED at Pearland, Texas , this 1 day of - June 1972. CHENNAULT MATERIAL & EQ P ENT COMPANY By ASSIGNMENT WARRANT NO. 2 STATE OF TEXAS ) COUNTY OF BRAZORIA ) V 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 May 25, 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, Texas, Street Improvement Time . Warrants, Series 1972, dated January 1 , 1972. EXECUTED at Pearland, Texas , this 1 day of - June , 1972. CHENNAULT MATERIAL & EQU PMENT COMPANY By:'9,1ac%�*IZ ASSIGNMENT WARRANT NO.3 ----------- 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 May 25, 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, Texas , Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. EXECUTED atPearland, Texas , this 1 day of - June 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY NN ASSIGNMENT WARRANT NO. 4 STATE OF TEXAS ) COUNTY OF BRAZORIA ) Chennault Material & Equipment Company, for and in consideration of the sum of $ ' ,n0m0 , 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 May 25, 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, Texas, Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. EXECUTED at Pearland, Texas , this 1 day of - June 1972. CHENNAULT MATERIAL & EQUIPMENT COMPANY ASSIGNMENT WARRANT NO. 5 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 May 25, 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, Texas, Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. EXECUTED at Pearland, Texas , this 1 day of - dune 1972. CHENNAULT MATERIAL & EQU ENT COMPANY B y Wff. f. •- lllll ASSIGNMENT WARRANT NO-. 6 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 May 25, 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, Texas, Street Improvement Time Warrants, Series 1972, dated January 1 , 1972. EXECUTED at Pearland, Texas , this 1 day of - June 1972. CHENNAULT MATERIAL & EQUIP NT COMPANY By` ����� e /-' `M, No _~_______ ' ^c000mr Reg. No. Clerk rnRmeno ' . l ` Z � 7 --- -_ ' l� )2 13�__ 15 Ycur Accounl Staled-jo Dote— If Error Is Found Return cit Once. --- -moo 4o wn;ay punoj si Jong}I —a;oa o}pa}o}s}uno»y mod, St EL Zl It Ol '-.-- -------'-'- 6 (,\&/ II/ 6 L 9 S • ffi 1,.,,)---il-� ; ter"_,• Z �� - irain000v J �I'aID oN .691 K2-' "('''v%'lam‹-) 'flN / .--' r 119a.