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R79-11 5-14-79THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 14th day of May, 1979, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary of the City, to -wit: Tom Reid Dennis Frauenberger Harry Farley Fran Coppinger Morris S. Wilson Carlton McComb Dorothy L. Cook and all of said persons were sentees: fyjyy�e/ thus constituting a quorum. the following was transacted tion entitled: Mayor Councilman Councilman Councilman Councilman Councilman City Secretary present, except the following ab - Whereupon, among other business, at said meeting: a written resolu- RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". NOES: None. The Mayor thereupon announced that the Resolution had been duly and lawfully adopted. The Resolution thus adopted follows: RESOLUTION NO. R79-11 RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION' THE STATE OF TEXAS $ COUNTIES OF BRAZORIA AND HARRIS 5 CITY OF PEARLAND § WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), by resolution adopted February 27, 1978, found that it was necessary and desirable for the City to construct and equip public works for the City, to -wit: a municipal equipment maintenance and storage building, sometimes called a "City Service Center", and that certificates of obligation should be issued by the City for all or any part of the cost of same; and WHEREAS, the City Council gave due and proper notice to bidders of the time and place when and where a contract, or contracts, for such construction and equipment would be let and due and proper notice of its intention to issue such cer- tificates of obligation; and WHEREAS, the City Council thereafter awarded a contract to S & S CONTRACTING CO., Houston, Texas (the "Contractor") in the amount of $157,018.96 (the original amount of $149,200.00 having been previously increased by Change Orders Nos. 1 and 2 and having now been increased by Change Order No. 3, a true copy of which is attached hereto as Exhibit "A" and made a. part hereof for all purposes), as the lowest and best bid for the furnishing of such construction and equipment and the Contractor at the time of the receipt of such bid elected to assign such certificates in payment for all or any part of the cost of the contract in accordance with the arrangements made by the City Council; and WHEREAS, the Contractor, as shown on a true copy of its Claim No. 6, attached hereto as Exhibit "B" and made a part hereof as if fully written herein, has submitted said claim pursuant to said contract; and WHEREAS, the City has received the full benefits of such contract represented by said claim to the full extent thereof and to the full extent of the certificates of obligation here- inafter authorized to be delivered; and no person, corporation or trust estate has given notice in writing or otherwise to the City, or to any official thereof, of any liens for any materials, apparatus, fixtures, machinery or labor furnished to the Con- tractor as provided by Chapter 17, Acts of the Legislature of Texas, 1925 (Article 5472-a, Vernon's Texas Civil Statutes), or any other provision of law; and WHEREAS, the City 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 the aforesaid claim; and WHEREAS, said claim has been assigned to Pearland State Bank, Pearland, Texas, without discount, and said bank is now the legal owner and holder thereof; and WHEREAS, the City Council of the City wishes to approve said claim and authorize the payment thereof by the issuance and delivery of certain of said certificates of obligation, all as shown on said Exhibit "B" and as hereinafter set out: AMOUNT TO BE PAID BY ISSUANCE AMOUNT TO BE OF CERTIFICATES PAID IN CASH CLAIMANT OF OBLIGATION' BY CITY S & S Contracting Co. $35,000.00 $2,018.96 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: Section 1. The matters and facts contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. Change Order No. 3 relating to the contract of the City with S & S Contracting Co., and mentioned in the preamble of this resolution as Exhibit"A" hereof, is hereby approved, adopted and ratified. • Section 3. The claim described in the preamble of this resolution and fully set forth in Exhibit "B" mentioned in said preamble shall be, and the same is hereby, approved and allowed, and the City hereby acknowledges receipt of the'full benefits represented by said claim to the full extent thereof and to the full extent of the certificates of obligation herein authorized to be delivered; and the City hereby recognizes and approves the transfer and assignment of said claim and account to Pearland State Bank, Pearland, Texas. Section 4. There is now due and owing to said bank the sum of $35,000.00 and to the Contractor the sum of $2,018.96. Section 5. There shall be executed and delivered to said bank Certificates Nos. 25 through 31, aggregating $35,000.00, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, and the sum of $2,018.96 shall be paid in cash by City out of available funds to the Contractor. Section 6. The Mayor, City Secretary, City Treasurer, and other appropriate City officials, are hereby authorized and directed to deliver said Certificates above mentioned and to do any and all things necessary or convenient to carry out the terms of this resolution. PASSED AND APPROVED this 14th day of May 979. ATTEST: Gyi2 Mayor CITY OF PEARLAND, TEXAS City Secretar CITY OF PEA (SEAL) ND, TEXAS V Ji•ilr:ER AIA DOCUMENT G701 EXHIBIT "A" OWNER Ei ARCHITECT 0 CONTRACTOR FIELD ❑ OTHER PROJECT: City of Pearland (name, address) City Service Center Addition Pearland, Texas TO (Contractor) S & S Contracting Co. 2315 Southwest Freeway, #102 Houston, Texas 77098 L CHANGE ORDER NUMBER: Three ARCHITECT'S PROJECT NO: Construction at various metal buildings CONTRACT FOR: J CONTRACT DATE: July 10, 1978 You are directed to make the following changes in this Contract: Construct 126' X 20' concrete parking slab on east side of garage building consisting of 4" thick concrete with 6" X 6" — 6/6 ga.. WWM. The original Contract Sum was Net change by previous Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be (increased) Cdt! eRtiaX;(tili )iffg'e:dXbY The Date of Completion as of the date of this Change Order therefore is ARCHITECT Address BY DATE S & S Contracting Co. CONTRACTOR //102 23.5 Southwest Frwy.. - Address Houston, Texas 77098 BY DA[E VW/VI $ 149,200.00 $ 4,618.96 $ 153,818.96 •$ 3,200.00 $ 157,018.96 C' WNER E 9 Ad res; ( ) Days. Pearl.nd Texas AIA DOCUMENT 001 • CHANGE ORDER • APRIL 1970. EDITION • AIA'& • 0 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 ONE PAGE Claim No. 6 of S & S Contracting Co. of Pearland, Texas (the of $157,018.96, between 1. EXHIBIT "B" Dated: May 14, 1979 (the "Contractor"), against the City "City"), as per contract in the amount the City and the Contractor: 1157,018.96 Total completed to date 2. Less retainage $ -0- 3. Less previous payments $120,000.00 4. Current payment due $ 37,018.96 5. Amount to be paid Contractor by issuance $ 35,000.00 of Certificates of Obligation . . . . . . . 6. Amount to be paid by City $ 2,018.96 The amount shown in line 4 above represents our claim against the City of Pearland, Texas, for performance under and in conformity with the terms and conditions of the contract de- scribed above; and $35,000.00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas. (SEAL) S & S CONTRACTIN By resentative) (Title) All materials and supplies represented by the claim shown in line 4 above are in full accordance with the terms and con- ditions of the contract described above, and such claim is hereby in all things approved for payment by the City. CITY OF PEARLAND, TEXAS By 4 General Buildin= Inspector DELIVERY CERTIFICATE THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS x x We, the undersigned, officers of the City Council of the City of Pearland, Texas, certify that on the 17 day of May, 1979, we de- livered to Pearland State Bank, Pearland, Texas, the following: CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, numbered consecutively from 25 through 31, both inclusive, in the denomination of $5,000 each, aggregating $35,000, bearing interest at the rate of 5.00% per annum to June 1, 1979, and on June 1, 1979 and thereafter at the rate of 6.00% per annum, and maturing serially in their numerical order on February 1 as follows: $ 5,000 25,000 5,000 1985 1986 1987 We further certify that, to our knowledge, there is no litigation in any court, either pending or threatened, seeking to restrain or enjoin the issuance of said certificates, the levy of taxes for the payment thereof, or attacking the validity of said certificates or the proceedings relating thereto, or the authority of the City to issue the same or questioning or contesting the title of the present officers of said City to their respective offices. We further certify that none of the proceedings authorizing the issuance and delivery of said cer- tificates have been repealed or rescinded; and no referendum petition has been filed with respect thereto. WITNESS our hands and the official seal of said C' y as of the date shown above. City Treas (CITY SEAL) ty Secretary The foregoing signatures of the Mayor, City Secretary and City Treasurer of the City of Pearland, Texas, are hereby certified to be genuine. (BANK SEAL)" PEARLAND STATE BANK ignature of Officer (Title of Officer) Pearland, Texas We hereby acknowledge receipt of the certificates described above, which certificates constitute full payment of our claim against said City in the amount of $35,000, said claim having been assigned to us, without discount, by S & S Contracting Co. PEARLAND STATE BANK Pearland, Texas By (BANK SEAL) -- ignature of Officer) (Title of 0 CERTIFICATE FOR RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § We, the undersigned officers of the CITY OF PEARLAND, TEXAS (the "City"), do hereby certify as follows: 1. That we are the duly chosen, qualified and acting offi- cers of the City for the offices shown below our signatures and that as such we are familiar with the facts herein certified.• 2. That there is attached to and follows this certificate an excerpt of proceedings from the minutes of a meeting of the City Council of the City (the "City Council") which is a true, full and complete excerpt of all proceedings from the minutes of the City Council pertaining to the adoption of the resolution de- scribed therein; and that the persons named in such excerpt as the officers and members of the City Council or as officers of the City are the duly chosen, qualified and acting officers and members as indicated therein. 3. That a true and complete copy of the resolution (the "Resolution"), as adopted at the meeting described in such excerpt from the minutes, is attached to and follows such excerpt. 4. That the Resolution has been duly and lawfully adopted by the City Council and that the Mayor of the City has approved, and hereby approves, the Resolution; that the Mayor and the City Secretary of the City have duly signed and attested the Resolution and each, respectively, hereby declares that the signing of this certificate shall also constitute the signing of the Resolution for all purposes; and that the Resolution, as signed, has been duly recorded in the minutes of the City Council for such meeting. 5. That each of the officers and members of the City Council was duly and sufficiently notified officially and per- sonally, in advance, of the date, hour, place and subject of such meeting of the City Council, and that the Resolution would be introduced and considered for passage at such meeting, and each of such officers and members consented, in advance, to the holding of such meeting to consider and act upon such subject. 6. That written notice of the meeting of the City Council described in the excerpt from the minutes was posted in the form and manner required by law; and that such meeting was open to the public as required by law at all times during which the Resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Article 6252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED this 14th day of May, 1979. City ere ary c):eLL" (SEAL) Mayor THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 14th day of May, 1979, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary of the City, to -wit: Tom Reid Dennis Frauenberger Harry Farley Fran Coppinger Morris S. Wilson Carlton McComb Dorothy L. Cook and all of said persons were Mayor Councilman Councilman Councilman Councilman Councilman City Secretary present, except the following ab- sentees: thus constituting a quorum.. -Whereupon, among other business, the following was transacted at said meeting: a written resolu- tion entitled: RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". NOES: None. The Mayor thereupon announced that the Resolution had been duly and lawfully adopted. The Resolution thus adopted follows: RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), by resolution adopted February 27, 1978, found that it was necessary and desirable for the City to Construct and equip public works for the City, to -wit: a municipal equipment maintenance and storage building, sometimes called a "City Service.Center", and that certificates of obligation should be issued by the City for all or any part of the cost of same; and WHEREAS, the City Council gave due and proper notice to bidders of the time and place when and where a contract, or contracts, for such construction and equipment would be let and due and proper notice of its intention to issue such cer- tificates of obligation; and WHEREAS, the City Council thereafter awarded a contract to S & S CONTRACTING CO., Houston, Texas (the "Contractor") in the amount of $157,018.96 (the original amount of $149,200.00 having been previously increased by Change Orders Nos. 1 and 2 and having now been increased by Change Order No. 3, a true copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes), as the lowest and best bid for the furnishing of such construction and equipment and the Contractor at the time of the receipt of such bid elected to assign such certificates in payment for all or any part of the cost of the contract in accordance with the arrangements made by the City Council; and WHEREAS, the Contractor, as shown on a true copy of its Claim No. 6, attached hereto as Exhibit "B" and made a part hereof as if fully written herein, has submitted said claim pursuant to said contract; and WHEREAS, the City has received the full benefits of such contract represented by said claim to the full extent thereof and to the full extent of the certificates of obligation here- inafter authorized to be delivered; and no person, corporation or trust estate has given notice in writing or otherwise to the City, or to any official thereof, of any liens for any materials, apparatus, fixtures, machinery or labor furnished to the Con- tractor as provided by Chapter 17, Acts of the Legislature of Texas, 1925 (Article 5472-a, Vernon's Texas Civil Statutes), or any other provision of law; and WHEREAS., the City 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 the aforesaid claim; and WHEREAS, said claim has been assigned to Pearland State Bank, Pearland, Texas, without discount, and said bank is now the legal owner and holder thereof; and WHEREAS, the City Council of the City wishes to approve said claim and authorize the payment thereof by the issuance and delivery of certain of said certificates of obligation, all as shown on said Exhibit "B" and as hereinafter set out: CLAIMANT AMOUNT TO BE PAID BY ISSUANCE AMOUNT TO BE OF CERTIFICATES PAID IN CASH OF OBLIGATION BY CITY S & S Contracting Co. $35,000.00 $2,018.96 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: Section 1. The matters and facts contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. Change Order No. 3 relating to the contract of the City with S & S Contracting Co., and mentioned in the preamble of this resolution as Exhibit "A" hereof, is hereby approved, adopted and ratified. -2- Section 3. The claim described in the preamble of this resolution and fully set forth in Exhibit "B" mentioned in said preamble shall be, and the same is hereby, approved and allowed, and the City hereby. acknowledges receipt of the full benefits represented by said claim to the full extent thereof and to the full extent of the certificates of obligation herein authorized to be delivered; and the City hereby recognizes and approves the transfer and assignment of said claim and account to Pearland State Bank, Pearland, Texas. Section 4. There is now due and owing to said bank the sum of $35,000.00 and to the Contractor the sum of $2,018.96. Section 5. There shall be executed and delivered to said bank Certificates Nos. 25 through 31, aggregating $35,000.00, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, and the sum of $2,018.96 shall be paid in cash by City out of available funds to the Contractor. Section 6. The Mayor, City Secretary, City Treasurer, and other appropriate City officials, are hereby authorized and directed to deliver said Certificates above mentioned and to do any and all things necessary or convenient to carry out the terms of this resolution. PASSED AND APPROVED this 14th day of May, 1979. ATTEST: /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) /s/ Tom Reid Mayor CITY OF PEARLAND, TEXAS -3- CHANCE. ANCE`. ORDER AMA DOCUMENT G701 EXHIBIT -"A" OWNER ❑ ARCHITECT ❑ CONTRACTOR FIELD ❑ OTHER PROJECT: (name, address) City of Pearland City Service Center Addition Pearland, Texas TO (Contractor) ARCHITECT'S PROJECT NO: S & S Contracting Co. 2315 Southwest Freeway, 11102 Houston, Texas 77095 L CHANGE ORDER NUMBER: Three CONTRACT FOR: Construction at various metal. buildings CONTRACT DATE: July 10, 1978 You are directed to make the following changes in this Contract: Construct 126' X 20' concrete parking slab on east side of garage building consisting of 4" thick concrete with 6" X 6" —.6/6 ga.. WWM. The original Contract Sum was $ Net change by previous Change Orders $ The Contract Sum prior to this Change Order was $ The Contract Sum will be (increased) (decreased) (unchanged). by this Change Order. $ The new Contract Sum including this Change Order will he $ The Contract Time will be (increased) Cdg;frexaxtgtic)„trtge4Xby The Date of Completion as of the date of this Change Order therefore is ARCHITECT Address BY DATE S & S Contracting Co. CONTRACTOR 2315 Southwest Frwy.. //102 Address Houston, Texas 77098 Ci. 149,200.00 4,618.96 153,818.96 3,200.00 157,018.96 ( ) Days. Pearl.nd Texas BY ,DATE 5/1G�7 f Address P•. BY DATE -3- 253 "1 7 AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1970 EDITION • AIA® • 0 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 ONE PAGE EXHIBIT "B" Claim No. 6 Dated: May 14, 1979 of S &.S Contracting Co. (the "Contractor"), against the City of Pearland, Texas (the "City"), as per contract in the amount of $157,018.96, between the City and the Contractor: 1. Total completed to date $157,018.96 2. Less retainage $ -0- 3. Less previous payments $120,000.00 4. Current payment due $ 37,018.96 5. Amount to be paid Contractor by issuance of Certificates of Obligation . . . . . $ 35,000.00 6. Amount to be paid by City $ 2,018.96 The amount shown in line 4 above represents our claim against the City of Pearland, Texas, for performance under and in conformity with the terms and conditions of the contract de- scribed above; and $35,000.00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas. (SEAL) S & S CONTRACTING CO. By (Authorized Representative) (Title) All materials and supplies represented by the claim shown in line 4 above are in full accordance with the terms and con- ditions of the contract described above, and such claim is hereby in all things approved for payment by the City. CITY OF PEARLAND, TEXAS By General Building Inspector NOTICE OF MEETING THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND § § NOTICE is hereby given of a meeting of the Cit? Council of the CITY OF PEARLAND, Brazoria and Harris Counties, Texas (the "City"), to be held on the 14th day of May, 1979, at 7:30 p.m. in the: City Hall Pearland, Texas for the purpose of adopting a resolution approving change order and claim and authorizing issuance of Certificates of Obligation, Series 1978-A, and for the purpose of conducting, considering and acting upon such other business as shall come before the meeting. The need of the City for such financing creates an emer- gency and an urgent public necessity for the holding of the meeting and for the adoption of such resolution at the meeting. WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this / day of May, 1979. /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) CERTIFICATE OF POSTING OF NOTICE OF MEETING THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § I, the undersigned officer of the CITY OF PEARLAND, Brazoria and Harris Counties, Texas (the "City"), do hereby execute this certificate for the benefit of all persons in- terested in the posting of notice of a meeting of the City Council of the City as required by the Open Meetings Act (Article 6252-17, Vernon's Texas Civil Statutes, as amended) and the validity of all actions and proceedings taken at such meeting and I do hereby certify as follows: 1. I am the duly chosen, qualified and acting officer of the City for the officeshown beneath my signature, and in such capacity I am familiar with the matters contained in this certificate. 2. The attached and foregoing is a true copyQof the Notice of Meeting �w/hich was pos l:� ® o'clock 4.m. on the �7 day of an a place readily acces ibl to the •eneral times, to -wit: ij i ./f , in e City Hall and correct by me at , 1979, c at all the City. WITNESS MND AND THE OFFICIAL SEAL OF THE CITY, l day of &(i/, 1979. City Secretar CITY OF PEA (SEAL) this rr St, ND, TEXAS WHEREAS, the hereinafter named has unselfishly contributed time, talents and energies to serve the people of the city of Pearland; and WHEREAS, such contribution has become a part of the foundation upon which this City stands; and WHEREms, the members of the city council of the gity of pearland, Brazoria and Harris Counties, State of Texas deem it fitting and proper to recognize the ser' .marry . ,OEartcy Councilman April:, ;1973 - April , 1979 Mayor Pro Tem _Apri l ,1977 - April, 1979 vice and contribution of bear witness that the hereunder signed and the people of this pity, do gratefully acknowledge that service and contribution. Passed oh this