2006-08-14 CITY COUNCIL REGULAR MEETING AGENDA
AMENDED AGENDA
AMENDED EXECUTIVE SESSION ITEM NO.2
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON AUGUST 14, 2006, AT 7:30 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
I. CALL TO ORDER
II. INVOCATION AND PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1. Recognition of the Employee of the Quarter, Ronnie Jones,
Park and Recreation Crew Leader.
IV. COUNCIL ACTIVITY REPORTS
V. CITY MANAGER'S REPORT
VI. CITIZENS
VII. DOCKETED PUBLIC HEARING: None
VIII. CONSENT AGENDA:
ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE
CONSIDERED TO BE ROUTINE AND REQUIRE LITTLE OR NO
DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE
ENACTED/APPROVED BY ONE MOTION UNLESS A
COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN
WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED BY SEPARATE ACTION (IX. MATTERS
REMOVED FROM CONSENT AGENDA). APPROVAL OF THE
CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION-
1. Minutes of the July 17, 2006, Joint Public Hearing held at
6:30 p.m.
2. Minutes of the July 24, 2006, Regular Meeting held at 7:30
p.m.
3. Minutes of the July 31, 2006, Special Meeting held at 7:30
p.m.
4. Minutes of the August 2, 2006, Special Meeting held at
5:30 p.m.
5. Minutes of the August 7, 2006, Special Meeting held at
6:30 p.m.
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B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE
MAYOR PRO-TEM TETENS' ABSENCE FROM THE JULY 24,
2006, REGULAR COUNCIL MEETING. City Council.
C. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1287 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE FOR THE CONSTRUCTION OF ROAD, UTILITY AND
DRAINAGE IMPROVEMENTS ON CERTAIN REAL
PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY
OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY
TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY
DONATION, PURCHASE, OR BY THE EXERCISE OF THE
POWER OF EMINENT DOMAIN; AND DECLARING AN
EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL
IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
D. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1288 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE FOR THE CONSTRUCTION OF ROAD, UTILITY AND
DRAINAGE IMPROVEMENTS AND A WATER AND SEWER
EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED
HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS
DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY,
LOCATED WITHIN THE CITY, BY DONATION, PURCHASE,
OR BY THE EXERCISE OF THE POWER OF EMINENT
DOMAIN; AND DECLARING AN EMERGENCY AS THE
CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1289 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
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TITLE FOR THE CONSTRUCTION OF ROAD, UTILITY AND
DRAINAGE IMPROVEMENTS ON CERTAIN REAL
PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY
OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY
TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY
DONATION, PURCHASE, OR BY THE EXERCISE OF THE
POWER OF EMINENT DOMAIN; AND DECLARING AN
EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL
IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Oarrin Coker, City
Attorney.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-19 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING
MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY, LOCATION BEING 1.26 ACRES
OF LAND, BEING LOTS 1A, 1E, 10, AND 1E1, ABSTRACT
239, H. T. & B.R.R. COMPANY SURVEY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF WALNUT STREET, AND
APPROXIMATELY 400 FEET EAST OF MCLEAN ROAD),
(ZONE CHANGE APPLICATION NO. 2006-28Z), FROM
SINGLE FAMILY RESIDENTIAL - 2 DISTRICT (R-2) TO
TOWNHOUSE RESIDENTIAL DISTRICT (TH), AT THE
REQUEST OF RICHARD GONZALEZ, APPLICANT FOR
RMMA INVESTMENTS, OWNER, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City
Manager.
2. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-15 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING
MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY, LOCATION BEING 11.6443
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ACRES OF LAND, BEING OUT OF LOT 38 AND 39, ALLlSON-
RICHEY GULF COAST HOME COMPANY SUBDIVISION,
PART OF SUBURBAN GARDENS, SECTION 85, AS
RECORDED IN VOLUME 2, PAGE 107, BRAZORIA COUNTY
PLAT RECORDS, H. T. & B.R.R. COMPANY SURVEY,
ABSTRACT 304, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF
MILLER RANCH ROAD (COUNTY ROAD 93), AND
APPROXIMATELY 1,000 FEET NORTH OF FM 518
(BROADWAY STREET)), (ZONE CHANGE APPLICATION NO.
2006-23Z), FROM SINGLE FAMILY RESIDENTIAL - 1
DISTRICT (R-1) TO PLANNED DEVELOPMENT DISTRICT
(PD), AT THE REQUEST OF OSBORNE DEVELOPMENT,
APPLICANT FOR TRINITY LEASING, LTD., OWNER,
PROVIDING FOR AN AMENDMENT OF THE ZONING
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan,
Assistant City Manager.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-16 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING
MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY, LOCATION BEING 0.34 ACRE
TRACT OF LAND LOCATED IN THE W.D.C HALL SURVEY,
ABSTRACT 70, WITH SAID TRACT BEING PART OF THAT
13.838 ACRE TRACT DESCRIBED IN THE FINAL
JUDGEMENT OF CAUSE NO. 23,835G, CITY OF PEARLAND
VS 313 ACRES PEARLAND JOINT VENTURE, ET AL, AS
RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO.
98040264, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED APPROXIMATELY 500 FEET
WEST OF LIBERTY DRIVE, AND APPROXIMATELY 300
FEET SOUTH OF FM 518 (BROADWAY STREET)), (ZONE
CHANGE APPLICATION NO. 2006-26Z), FROM SINGLE
FAMILY RESIDENTIAL - 4 DISTRICT (R-4) TO GENERAL
COMMERCIAL DISTRICT (GC), AT THE REQUEST OF AL
OSBORN (OSBORN AND VANE ARCHITECTS), APPLICANT
FOR DONYA, LLC, OWNER, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City
Manager.
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4. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-17 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING
MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY, LOCATION BEING 4.540
ACRES, BEING OUT OF TRACT 29, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 304, AS RECORDED IN VOLUME 976,
PAGE 486, OF THE DEED RECORDS OF BRAZORIA
COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST
SIDE OF WOOTEN ROAD, AND APPROXIMATELY 1,100
FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE
CHANGE APPLICATION NO. 2006-27Z), FROM SINGLE
FAMILY RESIDENTIAL - 3 DISTRICT (R-3) TO OFFICE AND
PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF
GEORGE MUTHALAL Y, APPLICANT FOR MORITZ V.
CRAVEN, OWNER, PROVIDING FOR AN AMENDMENT OF
THE ZONING DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Nick Finan, Assistant City Manager.
5. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-18 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING
MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY, LOCATION BEING 1.995
ACRES OF LAND SITUATED IN THE H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 304, BEING A PORTION OF
LOT 39 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY SUBURBAN GARDENS SUBDIVISION, SECTION
85, AS SHOWN ON MAP OR PLAT AS RECORDED UNDER
VOLUME 2, PAGE 107, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, ALSO BEING ALL OF THAT CERTAIN
CALLED 2.00 ACRE TRACT OF LAND AS DESCRIBED IN
DEED AND RECORDED UNDER FILE NO. 921017114 OF
THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF
BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE WEST SIDE OF MILLER RANCH ROAD (COUNTY ROAD
93), AND APPROXI MA TEL Y 800 FEET NORTH OF FM 518
(BROADWAY STREET)), (ZONE CHANGE APPLICATION NO.
Page 5 of 9 - 8/14/2006
2006-29Z), FROM SINGLE FAMILY RESIDENTIAL - 1
DISTRICT (R-1) TO OFFICE AND PROFESSIONAL DISTRICT
(OP), AT THE REQUEST 0 MONTY HUDSON, APPLICANT
FOR JASVANT C. PATEL, OWNER, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City
Manager.
6. CONSIDERATION AND POSSIBLE ACTION - MOTION TO
REMOVE FROM THE TABLE, FIRST READING OF
ORDINANCE NO. 1283. Mr. Darrin Coker, City Attorney.
6A. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1283 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 18 OF 28.6730 ACRES
OF LAND. Mr. Darrin Coker, City Attorney
7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-126 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH
GRAND VALLEY HOMES, INC. AND SOUTHWOOD
ESTATED, INC. Mr. Bill Eisen, City Manager.
8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-121 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, UPDATING AND
APPROVING THE CITY'S GUIDELINES AND CRITERIA FOR
GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE
CREATED IN THE CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS, FOR PURPOSES OF BRINGING IT INTO
COMPLIANCE WITH CURRENT STATE LAWS; CLARIFYING
THE DURATION OF TAX ABATEMENT AGREEMENTS AND
THE AMOUNT OF TAXES THAT MAY BE ABATED;
CHANGING THE MINIMUM CAPITAL INVESTMENT
REQUIRED; AND CHANGING THE NOTICE REQUIREMENTS
FOR HOLDING PUBLIC HEARINGS FOR TAX ABATEMENT;
HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND
A SEVERABILITY CLAUSE. Mr. Darrin Coker, City Attorney.
9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-119 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE
AGENDAS OF SEPTEMBER 5, 2006 AND SEPTEMBER 11,
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2006, CITY COUNCIL MEETINGS CONSIDERATION OF THE
PROPOSED FISCAL YEAR 2006-2007 TAX RATE AND
SETTING THE PUBLIC HEARINGS ON THE TAX RATE.
Mr. Bill Eisen, City Manager.
1 O. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-120 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE
AGENDAS OF SEPTEMBER 5, 2006 AND SEPTEMBER 11,
2006, CITY COUNCIL MEETINGS CONSIDERATION OF THE
PROPOSED FISCAL YEAR 2006-2007 BUDGET AND
SETTING THE PUBLIC HEARING ON THE BUDGET.
Mr. Bill Eisen, City Manager.
11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-118 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE
EXTENSION OF BAILEY DRIVE BETWEEN STATE HIGHWAY
35 AND VETERANS DRIVE. Mr. Bill Eisen, City Manager.
12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-117 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
CONTRACT WITH CARTER AND BURGESS, INC. FOR
CONSTRUCTION MANAGEMENT ASSOCIATED WITH THE
BAILEY DRIVE EXTENSION PROJECT (BETWEEN SH35
AND VETERANS DRIVE. Mr. Bill Eisen, City Manager.
13. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-116 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
ENGINEERING CONTRACT WITH LJA ENGINEERING AND
SURVEYING FOR DESIGN, BID AND CONSTRUCTION
PHASE SERVICES ASSOCIATED WITH THE BARRY ROSE
EXTENSION PROJECT. Mr. Bill Eisen, City Manager.
14. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-122 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO
VARIOUS CONTRACTS FOR PRELIMINARY ENGINEERING
SERVICES ASSOCIATED WITH THE ANTICIPATED 2007
BOND ELECTION AND DESIGN MANAGEMENT SERVICES
ASSOCIATED WITH A NEW PUBLIC SAFETY BUILDING.
Mr. Bill Eisen, City Manager.
Page 7 of 9 - 8/14/2006
15. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-123 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING THE
REGULAR MEETING TIMES AND DATES FOR SEPTEMBER
2006 TO ENSURE COMPLIANCE WITH STATUTORY
BUDGETARY TIMELlNES. Mr. Darrin Coker, City Attorney.
16. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-125 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, DEDUCTING
UNCOLLECTIBLE UTILITY ACCOUNTS FROM THE CITY'S
FINANCIAL STATEMENT. Mr. Bill Eisen, City Manager.
17. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-124 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE
REIMBURSEMENT OF COSTS ASSOCIATED WITH THE
CONSTRUCTION OF CERTAIN ROAD IMPROVEMENTS.
Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS.
Mr. Darrin Coker, City Attorney.
2. SECTION 551.087 - CONSULTATION WITH CITY
ATTORNEY REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City
Manager.
NEW BUSINESS (CONTINUED):
18. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL
UTILITY DISTRICTS. City Council.
19. CONSIDERATION AND POSSIBLE ACTION - REGARDING
ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council.
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XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Y ounq Lorfinq at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made.
I, Sonia Blair, Deputy City Secretary of the City of Pearland, Texas, do hereby certify that the
foregoing agenda was posted in a place convenient to the general public at City Hall on the 11 th
day of August 2006, at 5:30 p.m.
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Sonia Blair
Deputy City Secretary
Agenda removed \5 day of August 2006.
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