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R79-06 1-22-79THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS X CITY OF PEARLAND The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 22nd day of January, 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 Mayor Dennis Frauenberger Councilman Harry Farley Councilman Fran Coppinger Councilwoman Morris S. Wilson Councilman Carlton McComb Councilman Dorothy L. Cook City Secretary X and all of said persons were present, except the following absentees: thus constituting a Councilman Harry Farley quorum. Whereupon, among other business, the following was transacted at said meeting: a written resolution entitled: RESOLUTION APPROVING 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. R79-6 RESOLUTION APPROVING 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 No. R78-37 adopted September 11, 1978, found that it was necessary and desirable for the City to furnish materials and supplies for improving the roads, bridges, and streets of the City, to -wit: (1) hot mix asphalt surfacing; and (2) double penetration asphalt surfacing, 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 place when and where a contract, or supplies would be let and due and proper notice of its intention to issue such certificates of obligation; and WHEREAS, the City Council thereafter awarded a contract to Brown & Root, Inc., Houston, Texas (the "Contractor") in the amount of $12,088.75, as the lowest and best bid for the furnishing of double penetration asphalt, THD Item 22, 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. 1, attached hereto as Exhibit "A" 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 hereinafter 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 Contractor 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, 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 certian of said certificates of obligation, all as shown on said Exhibit "A" and as hereinafter and proper notice to bidders of the time contracts, for furnishing materials and set out: AMOUNT TO BE PAID IN CASH CLAIMANT PAID NOW BY CITY Brown & Root, Inc. $8,000.00 $337.25 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. The claim described in the preamble of this resolution and fully set forth in Exhibit "A" 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 3. There is now due and owing to said bank the -sum of $8,000.00 and to the Contractor the sum of $337.25. Section 4. There shall be executed and delivered to said bank Certificates Nos. 1 through 8, aggregating $8,000.00 of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978B, dated November 1, 1978, and the sum of $337.25 shall be paid in cash by the City out of available funds to the Contractor. Section 5. 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 day of MAYOR, CITY OF PEARLAND, TEXAS ATTEST: CITY SECRETARY, ITY OF PEARLAND, TEXAS (SEAL) esIN 13/44,, EXHIBIT "A" Claim No. 1 Dated: of Brown f, Root, Inc. (the "Contractor"), against the City of Pearland, Texas (the "City"), as per contract in the amount of $12,088.75, between the City and the Contractor: 1. Total completed to date $8 337 25 2. Current payment due 8 337 25 3. Amount to be paid Contractor by issuance of g, 000.00 Certificates of Obligation 4. Amount to be paid by City 337.25 The amount shown in line 2 above represents our claim against the City of Pearland, Texas, for performance under and in conformity with the terms and conditions of the contract described above; and $8,000.00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas. BROWN $ ROOT, INC. By izedGntative) 0. M. BAKKEN, VICE PRESIDENT (Title) All materials and supplies represented by the claim shown in line 2 above are in full accordance with the terms and conditions of the contract described above, and such claim is hereby in all things approved for payment by the City. CITY OF PEARLAND, TEXAS By 'maL (j PAair DELIVERY CERTIFICATE THE STATE OF TEXAS X COUNTIES OF BRAZORIA AND HARRIS X We, the undersigned, officers of the City Council of the City of Pearland, Texas, certify that on the 31 day of Jan. 1979, we delivered to Pearland State Bank, Pearland, Texas, the following: CITY'OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-B, dated November 1, 1978, numbered consecutively from 1 through 8, both inclusive, in the denomination of $1,000.00 each, aggregating $8,000.00, bearing interest at the rate of 6.25% per annum, and maturing serially in their numerical order on December 1, 1979 as follows: 1-8 1979 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 City of the date shown above. 1 V City Treasurer (CITY SEAL) c )600-C-- ^ Mayor The foregoing signatures of the Mayor, City Secretary, and City Treasurer of the City of Pearland, Texas, are hereby certified to be genuine. PEARLAND STATE BANK Pearland, Texas (BANK SEAL) ignature of Officer) C (Title of Officer) We hereby acknowledge receipt of the certificates described above, which certificates constitute full payment of our claim against said City in the amount of $8,000.00, said claim having been assigned to us, without discount, by Brown $ Root, Inc. (BANK SEAL) PEARLAND STATE BANK Pear an Texas By (Signature of Officer) (Title of Officer)