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R79-30 11-13-7940, At n eTh RESOLUTION NO. R79-30 A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICES CONTRACT (COMPREHENSIVE DEVELOPMENT PLAN UPDATE) FOR THE CITY OF PEARLAND, TEXAS; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIM; 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. 376 on the 10th day of April, 1978, authorizing the issuance of City of Pearland Personal Services Contract (Comprehensive Development Plan Update) Time Warrants, Series 1978, in the principal sum of $21,000.00 for the purpose of evidencing the indebtedness of the said City for all or any part of the cost of Personal Services for updating the Compre- hensive Development Plan for the City. WHEREAS, claim for the Personal Services has been sub- mitted by Marmon, Mok, and Green, Inc. as follows: For professional services rendered, Topic Update December 10, 1978 to October 19, 1979 (FINAL) $7,000.00 WHEREAS, the claim of Marmon, Mok, and Green mentioned above is attached hereto as "Exhibit A" and made a part hereof as if fully written herein. WHEREAS, the claim "Exhibit A" has been approved by the City Manager, William E. Wolff, of the City of Pearland, Texas, and this City Council affirmatively finds that the City of Pearland has actually received the full benefit arising from said claim and the full extent of the Time Warrants which are hereinafter author- ized to be delivered to evidence the indebtedness of the City on such claim. 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 lien for any material, appurtenances, fix- tures, machinery, or labor furnished by said Vendor as provided in 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 claim. WHEREAS, it was provided in said ordinance adopted on the 10th day of April, 1978, that payment for said contract of said claim and to authorize the payment thereof by issuance and delivery of a Time Warrant mentioned above in the aggregate amount of $7,000.00. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: n That the statements and recitations contained in the preamble of this Resolution are hereby affirmatively found to be true and correct. II. That said claim mentioned in the preamble to this Resolution and set forth in "Exhibit A" in the amount of $7,000.00, 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 Warrant to be delivered as hereinafter provided. IIL. That it is hereby affirmatively found and declared that the City of Pearland has received full benefit for merchandise of said claim and account, as shown on "Exhibit A", to the full extent thereof, and to the full amount of the Time Warrant author- ized hereinafter in the Resolution to be delivered. IV. That there shall be executed and delivered to said Marmon, Mok, and Green, Inc., Warrant No. 3 in the denomination of $7,000.00 of the City of Pearland Personal Services Contract (Comprehensive Development Plan Update) Time Warrants, Series 1978. V. That this Resolution shall take effect from and after its passage. PASSED AND APPROVED this /3_ day of ,.-P..Zst.„-- A. D., 1979. Mayor, City of Pearland, Texas ATTEST: City Secretar MARMON, MOK & GREEN, INC. PLANNING CONSULTANTS • LANDSCAPE ARCHITECTS TO: FROM: EXHIBIT "A" INVOICE # 990 City of Pearland P. O .Box 1157 Pearland, Texas 77581 Marmon, Mok & Green, Inc. 4140 Southwest Freeway, Suite 207 Houston, Texas 77027 RE: Pearland Topic Update MM&G, Inc. Project # 7815 DATE: October 19, 1979 FOR PROFESSIONAL SERVICES RENDERED Contract Fee $21,000,00 Payments Received $14,000.00 Now Due Upon Completion of Topic Report $ 7,000.00 0©31(3111 OCT 291979 CITY OF PEARLAND EXHIBIT "A" Please Refer To Invoice Number With Payment 4190 SOUTHWEST FREEWAY SUITE 207 • HOUSTON, TEXAS 77027 • (713) 623-4700 November 15, 1979 Marmon, Mok & Green, Inc. 4140 Southwest Freeway, Suite 207 Houston, Texas 77027 Attention: Mr. Green Dear Mr. Green: Attached is Time Warrant No. 3 in the amount of $7,000.00 for payment under your contract with the City of Pearland. If it is your desire that the City sell this Warrant for you, please execute the Assignment form and return it to me. Mr. George Hastings has agreed to purchase this Warrant. Thank you very much. dlc enc. Yours very truly, Dorothy L. Cook City Secretary ASSIGNMENT WARRANT NO. 3 THE STATE OF TEXAS COUNTIES OF BRAZORIA HARRIS CITY OF PEARLAND Marmon, Mok, and Green, Inc. for and in consideration of the sum of Seven Thousand and No/100 ($7,000.00) Dollars to it in hand paid by Mr. or Mrs. George V. Hastings of Pearland, Texas, the receipt of which is hereby acknowledged, does hereby sell, convey, and assign unto said Mr. or Mrs. George V. Hastings, their successors and assigns, the claim of Marmon, Mok, and Green, Inc., in the sum of $7,000.00, against the City of Pearland, Texas, as partial payment of the amount of claim due said Marmon, Mok, and Green, Inc. under Invoice dated October 19, 1979, for Pro- fessional Services Rendered for updating the Comprehensive Development Plan of the City, together with the right of said Marmon, Mok, and Green, Inc. to a like amount of City of Pearland Personal Services Contract (Comprehensive Development Plan Update) Time Warrants, Series 1978, dated April 1, 1978. 1(0 Executed at 14014"raly-TIF.445, this day of tiainkite ATTEST: , A. D. 1979. , AND GRpEN, INC. 1 Title: Secretary/Assistant