R72-06 04-10-72RESOLUTION NO. 72-6
A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT
PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS, TO -
WIT: REPAIR AND MODIFICATION TO CITY WATER WELLS NO. 2,
NO. 3, AND NO. 4; APPROVING CLAIMS FOR PROFESSIONAL AND
PERSONAL SERVICES RENDERED 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. 226 on the 27th day of December, 1971, authorizing the
issuance of City of Pearland Waterworks System Time Warrants, Series 1972
in the principal sum of $25,000.00, for the purpose of evidencing the in-
debtedness of said City for all or any part of the cost of constructing
permanent improvements, additions, and extensions to said City's waterworks
system, including personal and professional services and other incidental
expenses to be rendered in connection therewith, and awarded contracts for
the construction, repair and modification of such permanent improvements;
and
WHEREAS, claims for furnishing labor, materials, supplies, machinery,
equipment, tools and superintendence for constructing the permanent improvements
shown on said claims have been submitted, as follows:
1. For repairs and modifications to city water wells No. 2 and No. 3,
the claims of Katy Drilling, Inc., Katy, Texas in the
amount of $6,159.60.
WHEREAS, the claim of Katy Drilling, Inc. 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 material, appurtenances, fixtures, machinery, or labor furnished to
n
said contractors, 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 of said time warrants
mentioned above in the aggregate amount of $6,000.00, leaving the additional
$159.60 to be paid by said City on submission of future invoices by Katy
Drilling, Inc.; 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 or labor, materials, supplies, machinery,
equipment, tools and superintendence 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 Katy Drilling, Inc.,
warrant numbers 1 to 6, both inclusive, aggregating $6,000.00, in the
denomination of $1,000.00 each, of the City of Pearland Waterworks System Time
Warrants, Series 1972, dated January 1, 1972, and the sum of $159.60 shall be
paid to said Katy Drilling, Inc. upon submission of future estimates and final
invoice.
Section V:
That the Mayor and the 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 /p day of
ATTEST:
City Secretary, Ay of
Pearland, Texas
, 1972.
Mayor, City of Pearland, Texas
' �� INVOICE ,�"r� INVOICE NO. 4166-4167
r KATY DRILLING, INC
14 ' TIJ GROUND WATER SPECIALISTS m DEEP WATER WELLS AND TURBINE PUMPS o 24 HR. SERVICE & REPAIR
D R I L L I IV G P. O. BOX 278/KATY, TEXAS 77450
INCO PDRATED KATY PHONE 713/852-4357
HOUSTON PHONE 713/492.210B
To: City of Pearland
City Hall
iii #liiii P. 0. Box 157
Pearland, Texas 77581
INVOICE DATE: CUSTOMER ORDER NO. - JOB NO.,
March 31 , 1972
For Repairs and Modification to Water Wells No. 2, 3 and 4.
Well No. Pump No. Item Labor Materials Total
2 42267 _ A $1 ,000.00 $ 222.00 $1 ,222.00
B 50.00 350.00 400.00
C 50.00 720.00 770.00
D 420.00 - 0 - 420.00
TOTAL EARNED $1 ,520.00 $1 ,292:00 $2,812.00
- 3 48734L A $1 ,000.00 $ 232.00 __ $1 ,232.00____ __ __
B 50.00 350.00 400.00_
C 50.00 720.00 770.00
D - 1 ,630.00 1 ,630.00
E - - -
F - - -
$4,032.00
TOTAL WELL 2 and 3 $6,844.00
Less IO% Retainage 684.40
TOTAL NET DUE $6, 159.60
Less Invoice of 3/13/72 —_ 2,530.80___
NET DUE THIS INVOICE $3,628.80
Ik
EXHIBIT "A"
TERMS: All accounts are due upon receipt of invoice and considered to be past due after 10 days. Interest of 11/2% per month
or 18% per annum will be charged on all invoices pastdue.
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ASSIGNMENT
WARRANT NO.
•
STATE OF TEXAS )
COUNTY OF BRAZORIA )
a I
Katy Drilling, Inc. , for and in consideration of the sum
of $
to it in hand paid by f
1 ,000.00 PEARI ii) STATE 5," 1;:
, the receipt of which is hereby acknowledged,
PEARLAND, TEXAS
does hereby sell , convey, and assign unto said
PEI I'Lni;2i f:MTE
its successors -and assigns, the claim of Katy Drilling, Inc. , in the sum
of $ , against the City of Pearland, Texas, as partial
1 ,000.00
payment of the amount of the claim due said Katy Drilling, Inc. , under
Invoice dated March 31 , 1972, for materials furnished and labor performed
in connection with the construction, repair and modification of permanent
improvements to the City of Pearland, Texas, Waterworks System, together
with the right of said Katy Drilling, Inc. to a like amount of the City
• of Pearland, Texas, Waterworks System Time Warrants, Series 1972, dated
January 1 , 1972.
EXECUTED at , this day of
1972.
KATY DRILLING, INC.
(Seal )
By:
Attest:
Secretary
ASSIGNMENT
WARRANT NO.
•
STATE OF TEXAS )
COUNTY OF BRAZORIA )
' Katy Drilling, Inc. , for and in consideration of the sum
of $ 1 ,nr,n nn , to it in hand paid by PEAM_AND ST,",TE 3AT:
PFAPI 1Nn TFY , the receipt of which is hereby acknowledged,
does hereby sell , convey, and assign unto said Dr.r of fi,'! cTrTE 'n.Am ;
its successors and assigns, the claim of Katy Drilling, Inc. , in the sum
of $ 1 nnn nn , against the City of Pearland, Texas, as partial
payment of the amount of the claim due said Katy Drilling, Inc. , under
Invoice dated March 31 , 1972, for materials furnished and labor performed
in connection with the construction, repair and modification of ,permanent
improvements to the City of Pearland, Texas, Waterworks System, together
with the right of said Katy Drilling, Inc. -to a like amount of the City
of Pearland, Texas, Waterworks System Time Warrants, Series 1972, dated
January 1 , 1972.
EXECUTED at , this day of
1972.
KATY DRILLING, INC.
(Seal ) By:
Attest:
Secretary
•
ASSIGNMENT
WARRANT NO. 3
' STATE OF TEXAS )
COUNTY OF BRAZORIA )
•
Katy Drilling, Inc. , for and in consideration of the sum
of $ 1 nnn nn , to it in hand paid by pEn,.L ar.!P cT'TF PANK
the receipt of which is hereby PE/'.FLl�.�'!�, TFc , P acknowledged,
does hereby sell , convey, and assign unto said vFAai tt,an cTn,TF PrOV , •
its successors and assigns, the claim of Katy Drilling, Inc. , in the sum
of $ 1 nnn nn , against the City of Pearland, Texas, as partial
payment of the amount of the claim due said Katy Drilling, Inc. , under
Invoice dated March 31 , 1972, for materials furnished and labor performed
in connection with the construction, repair and modification of permanent
improvements to the City of Pearland, Texas, Waterworks System, together
with the right of said Katy Drilling, Inc. -to a like amount of the City
of Pearland, Texas, Waterworks System Time Warrants, Series 1972, dated
• January 1 , 1972. •
EXECUTED at , this day of
1972.
KATY DRILLING, INC.
(Sea;-) By:
•
Attes
Secretary
ASSIGNMENT
WARRANT NO.
STATE OF TEXAS )
COUNTY OF BRAZORIA )
' Katy Drilling, Inc. , for and in consideration of the sum
of $ 1 ,000.0D , 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 RANK
its successors and assigns, the claim of Katy Drilling, Inc. , in the sum
of $ 1 .0nn.0 ; , against the City of Pearland, Texas, as partial
payment of the amount of the claim due said Katy Drilling, Inc. , under
Invoice dated March 31 , 1972, for materials furnished and labor performed
in connection with the construction, repair and modification of permanent
improvements to the City of Pearland, Texas, Waterworks System, together
with the right of said Katy Drilling, Inc. -to a like amount of the City
of Pearland, Texas, Waterworks System Time Warrants, Series 1972, dated
January 1 , 1972.
EXECUTED at , this day of
1972.
KATY DRILLING, INC.
(Seal '; By:
Attest.
Secretary
•
ASSIGNMENT
WARRANT NO. 5
STATE OF TEXAS )
COUNTY OF BRAZORIA )
' Katy Drilling, Inc. , for and in consideration of the sum
of $ 1 ,000.00 , to it in hand paid by JOSIF F. HEFLIN
Pearland. Texas , the receipt of which is hereby acknowledged,
does hereby sell , convey, and assign unto said JOSTF F. HFF!.TN
its successors and assigns, the claim of Katy Drilling, Inc. , in the sum
of $ 1 ,000.00 , against the City .of Pearland, Texas, as partial
payment of the amount of the claim due said Katy Drilling, Inc. , under
Invoice dated March 31 , 1972, for materials furnished and labor performed
in connection with the construction, repair and modification of permanent
improvements to the City of Pearland, Texas, Waterworks System, together
with the right of said Katy Drilling, Inc. -to a like amount of the City
of Pearland, Texas, Waterworks System Time Warrants, Series 1972, dated
January 1 , 1972.
EXECUTED at , this day of
1972.
KATY DRILLING, INC.
(Seal : By:
Attest:
•
Secretary
,
ASSIGNMENT
WARRANT NO. 6
•
STATE OF TEXAS )
COUNTY OF BRAZORIA )
' Katy Drilling, Inc. , for and in consideration of the sum
- of $i _nnn_nn , to it in hand paid by JOSIE F. HEFLIN
. PPari and . TPxa s , the receipt of which is hereby acknowledged,
does hereby sell , convey, and assign unto said JOSIE F. HEFLIN 9
•
its successors and assigns, the claim of Katy Drilling, Inc. , in the sum
of $1 ,000.00 , against the City of Pearland, Texas, as partial
payment of the amount of the claim due said Katy Drilling, Inc. , under-
• Invoice dated March 31 , 1972, for materials furnished and labor performed
in connection with the construction, repair.and modification- of :permanent
improvements to the City of Pearland, Texas, Waterworks System, together
with the right of said Katy Drilling, Inc.:to a like amount of the City
of Pearland, Texas, Waterworks System Time Warrants, Series 1972, dated
January 1 , 1972. .
EXECUTED at , this' day of
1972.
KATY DRILLING, INC.
(Seal ) By:
• Attest:
Secretary •