R2017-111 2017-05-22RESOLUTION NO. R2017-1.11
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or .his designee to enter into a Bond
Counsel Services. Agreement with Andrews Kurth, for the period
beginning May 24, 2017 through May 23, 2024.
BE IT'RESOLVED, BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
.Section 1. That certain contract by and between the City of Pearland and
Andrews Kurth, a copy of which is attached hereto as Exhibit "A„ and made a part hereof
for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute,
and the City Secretary to attest a contract with Andrews Kurth.
PASSED, APPROVED and ADOPTED this the OW day of ! ,
A.D., 2017.
r
i
TZYM FZEID
MAYOR
ATTEST:
YOUNG LORFIN , TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
ANDREWS
KU RTH
May 22, 2017
Honorable Mayor and City Council Members
City of Pearland, Texas
3 519 Liberty Dr. -
Pearland, Texas 77581
Re: Bond Counsel Services
Dear Mayor and City Council Members:
Resolution No. 2017-111
Exhibit A
600 Travis, Suite 4200
Houston, Texas 77002
+1.713.220.4200 Phone
+1.713.220.4285 Fax
andrewskurth.corn
Rick Witte
+1,713.220.3944 Phone
kkwitte @andrewskurth. cam
We are pleased to submit to .you a proposed agreement for Andrews Kurth Kenyon LLP,
Houston, Texas ("AK") .to serve, as Bond Counsel with respect to certificates of obligation, bonds.
and other debt obligations that the City of Pearland, Texas (the "City") intends to issue. (Such
-bonds, notes and -obligations are collectively referred to in this letter as the "Obligations"). When
approved by you, this letter will become effective and will evidence an agreement between the
City and Andrews Kurth Kenyon LLP, Houston, Texas.
As Bond Counsel, AK would prepare all required legal proceedings and would perform
certain other necessary legal work in connection with the City's authorization, issuance and sale of
each series :of the Obligations. Our services as Bond Counsel would include the following basic
services (the "Basic Services"), which we would carry out directly or in concert with officials and
staff of the City:
(1) Assistance, in consultation with. City officials and staff and the City's financial
advisor, in the evaluation of legal matters related to financing innovations and opportunities that
may arise from time to time;
(2) Consultation with City officials ' and staff to review information to be included .in
the offering documents, for each series of Obligations, but only to the extent that such information
describes such series, the security therefor, their federal income tax status and our opinion;
(3) Preparation -of the ordinances_ or resolutions authorizing issuance of each series of
the Obligations and all other instruments which comprise the transcript of legal proceedings
pertaining to the authorization, issuance and sale of each.such series;
ANDREWS KORTH KENYON LLP
Austin Beijing Dallas Dubai Houston London New York Research Triangle Park Silicon Valley The Woodlands Washington, DC
HOU:3736623.4
May 22, 2017
Page 2
(4) Attendance at meetings, to the extent required or requested by the City's executive
staff or the City's financial advisor, to discuss the sizing; timing or sale of each series of the
Obligations;
(5) Preparation and submission of transcripts of legal proceedings pertaining to the
issuance.of each series of the Obligations to the Attorney General to obtain an approving opinion;
(6) Prior to and in connection with the closing of .each series of the Obligations, advise
appropriate. officials of the City as to compliance with the arbitrage requirements of the Internal
Revenue Code of 1986 as they affect the Obligations; including yield restrictions. and rebate
requirements;
(7) At closing, render a legal opinion to the effect that the Obligations have been duly
authorized in accordance with the Constitution and laws of the State, that the Obligations
constitute valid and legally binding obligations of the City secured, by the revenues or funds
pledged to their payment in the ordinance authorizing the issuance of the Obligations -(subject to
the exercise of judicial discretion in accordance with general principles of equity, and to the valid
exercise of the sovereign powers of the State and the constitutional powers of the. United States of .
America, and to bankruptcy, insolvency, reorganization, moratorium and other similar "laws in.
effect from time to time relating to' or affecting creditors' rights), and (ii) that, subject to certain
restrictions, interest on Obligations .(issued as tax-exempt obligations) is excludable from the gross
income of .the owners thereof for federal income tax purposes under then existing law; provided -
that, after the'closing, we do not'undertake (unless specifically engaged'by the City to do so as an
additional service) to provide continuing advice concerning any actions necessary to assure that
interest_ paid :on the Obligations will continue -to be excludable from gross income for federal
income tax purposes;
(8)` Attendance at the sale, .signing, closing and all other meetings and conferences as
deemed necessary by the City;
(9) Preparation of Federal Income.Tax Form 8038-G; and
(10) . Any other service necessary to ' the planning,, authorization, issuance, sale and
delivery of the Obligations, as may be appropriate.
In addition to the foregoing Basic. Services, as Bond.Counsel; AK is prepared to undertake
the following additional services (the."Additional Services"), as directed by the City:
(1) Preparation of necessary ordinances, resolutions, .notices, submissions and other
legal documents necessary to call and conduct.. an. election to authorize the issuance of Obligations,
if necessary;
_
(2) Disclosure work or similar services (other than. the - limited review of certain
sections of the offering documents for the Obligations as described in paragraph (2). under bond
counsel Basic Services above) to assist the City in the preparation of such offering, documents; on
such basis and to such extent as directed by the City;
HOU:37366DA
May 22, 2017
Page 3
(3) In the case of a series of Obligations, or a portion thereof, that is.issued to refund
prior bonds or other obligations of the City, advise the City as to federal income tax and other
issues unique to refunding transactions;
- (4) In the case of a series of Obligations or a portion thereof, that is issued, sold and
delivered to the Texas Water Development Board ("TWDB"), the preparation and assistance in the
preparation of materials related to. application to the TWDB for various funding mechanisms
provided by and available from the TWDB and, if applicable, negotiation and consultation with the
TWDB regarding the structure and terms for a series of Obligations to be purchased by the
TWDB;
(5) Attendance at rating agency presentations, investor meetings or other presentations
relating to the marketing of the Obligations and consultation with City officials, staff and advisors
and the City's financial advisor to develop such presentations;
(6) Preparation of the "Blue Sky" surveys or securities registration services;
(7) Any other special services not ordinarily required in connection with the issuance of
obligations of the nature of the Obligations, including services rendered in connection with special
federal income tax issues,,unusual issues arising in connection with the City's financial reports or
audits, any documentation or related services for credit or liquidity facilities or enhancements or
other special structuring techniques or devices to be employed in connection with the issuance of
any series of the Obligations; and
(8) After the closing of any series of the Obligations and upon specific request of the
City, providing assistance to the City concerning questions and issues that may arise prior to the
maturity of the Obligations.
For purposes of the foregoing calculations, proceeds includes the principal amount of the
Obligations and any premium thereon. The fees described above shall be paid from the proceeds
of the sale of the Obligations or from other funds, as the City deems appropriate.
The fee for any Additional Services provided by AK will be determined on an hourly rate
basis, applying rates then charged by AK for the same or similar services performed by attorneys
and paralegals of similar. experience for other clients. The total fee for Additional Services prior to
.and in connection with the closing of any series. of Obligations will not exceed the fee charged for
basic services for such series.
HOU:3736623A
May 22, 2017
Page 4
Payment of all fees for services as Bond Counsel will be made after the issuance and
delivery of the series of the Obligations in connection with. which such services are performed and
within 30 days after receipt by the City of an approved invoice -therefor., AK will be reimbursed
for its reasonable and actual out-of-pocket expenses, such as the cost of reproduction of,
documents, out-of-town travel, long-distance telephone, telecopy and similar expenses, deliveries,
filing fees and all items paid for by AK on behalf of the City, incurred in 'connection with the
performance of any services hereunder. All of such expenses will be reasonable, and.on an issue -
by -issue basis AK will agree to a maximum amount of $2,500 for such expenses (exclusive of
Attorney General fees, for which the City would be responsible).
The City acknowledges that it is aware that -AK represents many other governmental
entities, companies and individuals. It is possible that during the time. that we are representing
you, some, of our present or future clients will have disputes or transactions with you:, You agree
that we may continue to represent or may undertake in the future to represent existing or new
clients in any matter that is not substantially related to our work for you even if the interests of
such clients in those other matters are directly adverse., We agree, however, that your prospective
consent to conflicting representation contained in the preceding sentence shall not apply in any
instance where, as a result of our representation of you, we have obtained proprietary or other
confidential information of a nonpublic nature, that, if known to such other client, could be used in
any other such other matter by such client to your material disadvantage.
Nothing, herein shall be construed as creating any personal liability on the part .of any
officer of the City, and this agreement may be terminated by the City .by giving 30 days' written
notice to AK.
If this proposed agreement for the services of AK as Bond Counsel is satisfactory, please
evidence your acceptance and approval,by executing three copies in the space provided below.
Very truly yours, ,
Rick A. Witte
Partner
AGREED TO and ACCEPTED
Mayor, City of Pearland
ATTEST: "
City ecretary; City f Pearland
HOU:3736623.4
MINUTES OF "A REGULAR. MEETINGOF THE CITY COUNCIL OF THE CITY OF
PEARLAND,. TEXAS, HELD ON MONDAY; MAY 22 2017 AT 6:30 P.M., IN THE
...COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE- PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:32 p.m. with the following present:
Mayor - Tom Reid
Mayor Pro -Tem Gary Moore
Councilmember Tony Carbone
Councilmember Derrick Reed
Councilmember Keith Ordeneaux
Councilmember J. David Little
Councilmember Trent Perez
City Manager Clay Pearson
Deputy ty Attorney Lawrence Provins
City Secretary Young Lorfing
Others in -.attendance: Matt Buchanan President of Economic Development Corporation;
Trent Epperson Assistant City -Manager; Michelle Graham Director of Human :Resource;
J montar ae ,McBride, -City -'Planner;- John McCarter Budget Officer; ChrisOrle-a Director
of Parks and ";Recreation; Cynthia Pearson Director of Finance; Kim. Sinistore Executive .
Director of the ConventionNisitors Bureau- Rober:''Upton City Engineer;Sparkle
Anderson .Communications Director;` Andrea Brinkley 'Assistant Director of Public
Works; Joel Hardy Interim Management Assistant; Jennifer- Huhn Court Administrator;
Bob Pearce- Purchasing Officer; Johnny;.Spires Assistant Police Chief.
The invocation was given by Councilmember Carbone and the Pledge of"Allegiance
was led by Assistant Police Chief Johnny Spires.
ROLL CALL: Mayor Reid, Mayor Pro Tem Moore, Councilmembers . Carbone, Reed,
Ordeneaux, Little and ;Perez:
°CITIZEN COMMENTS:
L.C, (Max) Krchnak,. 3420 Shadycrest Drive, addressed Council stating_ his -concerns
regarding his chainsaw in .his neighbor's yard, a bucket filled with" cement on the City's
easement, being arrested and spending the :night in jail. He further stated hi
is concerns
re ardin
9 g a garage sale.
Mayor Reid asked .the. candidates running for Office in attendance to .stand and
introduce themselves.
Vlloody.Owens running for Council Position_No. 7.
istated his, uning
frreeecto_ foMayor Rer the office of Mayor.
Page 1 of 10 —.5/2212017
CONSENT` AGENDA:
A.
Minutes of the April 17, 2017 Joint Public Hearing. Meeting held at 6.30
Minutes. of. the. April 24, 2017 Regular Meeting held at 6:30 p.m .
B.
Consideration and Possible. Action - Excuse, the -_ Absence of .
Councilmember Greg 'Hill from the Regular Council Meeting held on
May 8, 2017...
C.
Consideration .and Possible Action.- Resolution. No. 112017-104 - A .
_
Resolution of the City Council of the City of Pearland, Texas
reappointing directors to the Board of Directors of the Lower Kirby
Pearland Management District.
z
D.
Consideration and Possible Action - Resolution No.. -R2017-;61 05 .- A
Resolution of the 'City Council of the City -of Pearland, Texas
reappointing .. directors,. to the Board_ of : Directo_rs of the Pearland
Municipal. Management District No. 1:
E-.
Conside'ratiomand Possible Action - Resolution No. R2017=106 = A
Resolution of the City. Council of .:the City of Pearland, Texas
reappointing directors to the Board of Directors. of the . Pearland
Municipal Management District'No- 2:
F.
Consideration..and. Possible Action - Resolution. No. R2017-97 - A
Resolution . of the City Council. of the_ City of Pearland, :Texas,
authorizing ,a construction materials testing contract "with Geoscience
Engineering & Testing, Inc.; in the amount not to exceed $ .58,4.15.00,
for the Linwood/Orange Street Construction Project.;
G.
J Consideration and Possible Action �- Resolution No. R2017-96 = A.
Resolution': of the :: City . Council of, the City of Pearland; .Texas;
authorizing the City Manager or his designee to enter into an amended
contract with.MWH/Stant6c, in the additional amount of $89,495:00,. for
professional, services associated with the performance of Preliminary
Engineering Services for the Expansion .of the Barry Rose. Wastewater
Treatment Plant,
Page.2 of 10 - 5/22/2017
.H. Consideration- and Possible Action = Resolution No. R2017-9$ -A
Resolution of the City Council of the City of Pearland, Texas;
authorizing a construction management contract with AG/CM Inc,.., in the
amount not to exceed $229,570.00, for the Linwood, East Orange, And
Old Alvin Roadway and ,Drainage Improvements Construction Project.
I.
Consideration --and Possible, Action = Resolution No. R2017412 - A
Resolution of -the City Council of the City of Pearland, Texas,
authorizing the -City Manager or .his designee to. enter into Master
Services Agreement, Task. No. 1, with Arcadis U. S., Inc., in. an amount
of $115138.0.00, for .construction management services associated with
-the Tom: Reid Library.
J. Consideration and Possible Action --'Second and FinalReading of
Ordinance No. CUP -17-00004 - An ordinance..of the City Council of -the
City of Pearland, Texas, approving a;Conditional Use Permit (CUP) to
.:allow -for a liquor/package store in the General .Business(GB)
zoning district, Being 2:832 acres of land out of Lot 110 and Lot F of .
the subdivision of Alexander, Crain; Harris & Brooks, Section 1,
Abstract . Number 147, City of ,Pearland, Brazoria County, Texas, also
being Ghat certain called East 2.840 acres ,of 6.6 acres of land described
"in deed ,and_ recorded in the Official Public Records :of Real Property of
p . nY
Brazoria County, Texas, under County Clerk's File, Number 921027 2671
said 1832 acres of land. (Located -at- 3320 E; Broadway Street,
Pearland, TX.) Conditional Use Permit Application No CUP 17-00004; .
within the General ..Business, (GB) zoning district, .at the request„ of
Richard. B. Greenawalt'for Limmrick Spirits, LLC., applicant, on behalf of
Pearland-SC, LTD., owner, containing. a savings clause, .a severability
clause, and, an effective date'and Other, provisions related to the subject.
Ki Consideration. and Possible Action —.Second, and Final Reading of
Ordinance No. CUP 17-00005 - An ordinance of the City Council of'the
City of Pearland? Texas, approving a'Conditional Use Permit (CUP) -to
allow- for 'a liquorlpackage store in. the General Bu6ineSS (GB)
zoning district, Being all of Tract 2. of Pearland Plaza, an addition to
the - City of �Pea�land, Texas, according to the file plat recorded in
Volume 16, Page 35 and 36, of the Map Records of Brazoria :County. .
(Located at :3291 E. Broadway Street;, Pearland, TX.) Conditional Use
Permit Application No CUP 1.7-00005, within the General Business (GB)
zoning. district, at the request of.Michele Kreft, .applicant, on behalf of
Dairy=Bell LP,:owner, containing a savings:clause,:,. severability clause,
,and an effective .date and other provisions related to the subject.
Page 3 of 10 —.;5122/2017
L.
M.
Consideration and Possible Action - Resolution,' -No. R2017A02 - A
Resolution of the City Council of the City Of Pearland, Texas, authorizing
the City Manager or his designee to enter .. into a Member
Intergovernmental Cooperative Purchasing. Agreement with National
Purchasing Partners (NPP) and, authorizing the purchase of tires as
needed at fixed unit pricing as reflected herein; with an estimated annual
expenditure amount .of $186,500._00 for the period of June 1, 2017 through
March .31, 2018.
Consideration and Possible Action Resolution No. R2017-99 - A
Resolution of the City Council of the City of Pearland, Texas, .authorizing
the City Manager or, his designee to renew a contract for audit services
with. Whitley Penn in the amount of $79,600.00, for :the period of June 12,
2017 through June 11, 2018.
Councilmember Carbone made the motion, seconded by Councilmember Reed, to
adopt Consent Agenda Items A through M as presented on the Consent Agenda.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Little, and Perez.
voting ``No" None.
Motion Passed 6 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS:
Council Action Resolution No. 112017=111 — A Resolution of the`City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee. to enter into a .
Bond Counsel Services .Agreement with Andrews Kurth, for the period beginning May
24, 2017 through May 23, 2024.
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to approve
the Resolution No. 2017=111:
City Manager Clay Pearson reported Council is being asked for approval to enter into a
Bond Counsel Services Agreement with Andrews Kurth.
Councilmember Reed:stated hit concerns regarding the seven (7) year agreement with
the law firm. I
Discussion -ensued between Councilmember Carbone and Andrews Kurth
Representative Tonya Fisher regarding the seven (7) year agreement and..cost analysis.
Page 4 of 10 — 5%22/2017
Voting "Aye" Councilmembers Moore, Ordeneaux, Little, Perez, and Carbone.
Voting %o" Councilmember Reed.
Motion Passed 5 to I.
Council Action — Resolution No. 82017-109 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into a
Financial Advisory Services Agreement with BOK Financial Securities, Inc., for the
period beginning May 244 2017 through May 23, 2024.
Mayor Pro -Tem Moore made the motion, seconded by Councilmember Carbone to
approve the Resolution No. 2017-109.
City Manager Clay Pearson reported Council is being asked for approval to enter into a
Financial Advisory -Services Agreement with BOK Financial Securities, Inc.
Discussion ensued between Councilmember Carbone .and BOK Managing Director
John Robuck regarding the cost analysis.
Discussion :ensued between Councilmember Reed and City Manager Clay Pearson
regarding the difference between the low bid and the incumbent.
Councilmember Ordeneaux stated when he looks at the bids it is not just the
percentage they will charge the City, it is also when they have done their homework
regarding the City.
Councilmember Little' stated he is not .that concerned with the seven (7) year contract
when the City 'is able to give a 30 day notice anytime to get out of the contract.
Voting "Aye" Councilmembers Moore, Ordeneaux, Little, Perez, and Carbone.
Voting "No" Councilmember Reed.
Motion Passed 5 to 1.
Council Action Resolution No._ 82017-92 — A Resolution of the City Council of the
City of Pearland, Texas, approving Windstorm Insurance through AmRisc Carriers in
the amount of $531;87.7.00 for the period of May 26, 2017 to May 26, 2018 with a rate_
guarantee for the period of May 2018-2019.
Councilmember Ordeneaux made the motion, seconded by Mayor Pro -Tem Moore to
approve the Resolution No. 2017-92.
Page 5 of 10 — 5/22/2017
City Manager Clay Pearson reported this item was presented at the last Council
meeting and Council. requested more information. Due to the escalating cost and limits
allowed per building, the City lowered their limits. Thereafter, AmRisc entered the
market -and lowered the cost by multi -layering the risk among 'several carriers. Their
strategy provided competitive rates to public entities which afforded the City the ability
to increase total insurable values by adding existing and newly constructed property to
windstorm schedule.
Discussion ensued between Councilmember Carbone and Deputy City Attorney
Lawrence Provins regarding the 2 year term policy and the City may cancel during the
first year with no penalty to the City.
Voting "Aye" Councilmembers Ordeneaux, Little, Perez, Carbone, Reed, and Moore.
Voting "No" None.
Motion Passed 6 to 0.
Council Action -- Resolution No. R2017-101 —A Resolution of the City Council of the
City of Pearland, Texas, awarding a construction services contract for the
,Linwood/Orange Street Construction Project to SER Construction Partners, LLC, in the
amount of $5,792,595.50.
Councilmember Little made the motion, seconded by Councilmember Ordeneaux to
approve the Resolution No. 2017-101.
Raquel Boujourne, 8951 Ruthby Drive, Suite 12, addressed Council asking them to
table. the vote for the Linwood/Orange Street Construction Project and stated her
concerns regarding. her company, A Status Construction being rejected during the bid
process.
Arturo Fernandez, -8951 Ruthby Street, Suite 12, addressed Council stating he works for
A Status Construction with 13 years' experience. He stated his disappointment and his
experience regarding the bid process.
Diego Monroy, 8951 Ruthby Street, Suite 1.2, addressed Council stating he works for
ASA Daily Company which provides engineering and construction services to cities and
counties all over the state. He stated his concerns regarding the disqualification of A
Status Construction for this project.
Felipe Boujourne, 8951 :Ruthby Street, Suite 12, addressed Council. stating his concerns
regarding the bid process for the Linwood/Orange Street Construction Project.
Elaine Garcia, 8951 Ruthby Street, Suite. 12, addressed Council .stating her concerns
regarding the bid process and how she was made to feel as a woman attending the bid
opening. She asked Council to table this item and make, it right.
Page 6 of 10 — 5/22/2017
Assistant City Manager Trent Epperson gave an overview of the Linwood/Orange Street
Construction Project and the bid process.
Councilmember Perez stated he has no cause for concern to believe. that gender,
and/or ethnicity had anything to do with A Status Construction's performance. He further
stated the City has three Project :Managers attending the Council meeting that are all
three females and all three a minority. We. do not judge people's ability in Pearland
based on their ethnicity. That is not how the City does business. He stated his concerns
regarding a lot of low value in the bid that does not make sense and causes questions.
Councilmember Reed stated he would feel more comfortable to table this item to the
next regular meeting. He further stated since Deputy City Attorney Lawrence Provins
attended the bid opening he would like a write up in memo form of the bid opening prior
to voting on this item.
Councilmember Reed made the motion to. table this item to the next Regular Council
meeting.
There was no second to the motion.
Discussion ensued between Mayor Pro -Tem Moore and Deputy City Attorney Lawrence
Provins regarding a sign in sheet at the bid opening.
Councilmember Ordeneaux stated he is supporting Staffs recommendation because
Staff chose a company. the City has history with and he has faith there will not. be any
problems.
Councilmember Little stated after hearing everything he is comfortable with Staff s
recommendation.
Mayor Pro -Tem Moore invited A Status Construction to come -back regarding other
projects with the City. That way the City can get to know A Status Construction and your.
work.
Councilmember Perez.stated he would love for A Status Construction to come back and
have an opportunity working with the City.
Councilmember Carbone stated he never received one call regarding the work SER
Construction did at Regency Park and there could. have been a lot to go wrong. That
alone tells him that Staff has made a good recommendation. He further stated he would
like to receive a write up of the actions at the bid opening, because there were some
things that were said tonight that he would hope did not happen.
Page 7 of 10 — 5/22/2017
Councilmember Reid stated he agrees he would. like to receive a write up. Everyone
that attended and all staff that attended. All the phone calls the City made regarding the
references. He further stated he would like to know what the City's range is where price
beats out the incumbents regarding choosing a bid for a project, because it is not
percentage.
Councilmember.Ordeneaux stated the answer that was given is percentage and the.two
percentages of the example given were very similar.
Councilmember Perez stated it is the lowest qualified bidder. Council is seeing that Staff
does not feel comfortable that the low bidder is qualified for the job so they go to the
next lowest qualified bidder.
DeputyCity_Attorney Lawrence Provins stated as Councilmember Perez pointed out this
contract has been awarded to the lowest responsible qualified bidder. He. further stated
Staff _did not feel the. lowest bidder, qualified because of the problems with references
that did .not appear to be in size and scope and other bid differences that were
highlighted in the bidding materials. Staffs recommendation had nothing to do with their
familiarity with SER Construction. In this case it is the lowest responsible qualified
bidder.
Voting "Aye" Councilmembers Little, Perez, Carbone, Moore, and Ordeneaux.
Voting "No" Councilmember Reed.
Motion Passed 5 to -1.
Council Action — Resolution No. 82017-100 — A Resolution of the City Council of the
City of Pearland, Texas, renewing a unit price service contract for printing and mailing
the City's utility bills, with Peregrine Services, Inc., in the estimated annual expenditure
amount of $333,461.for the period of July 1, 2017 through June 30, 2018.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem Moore to
approve the Resolution No. 2017-100.
City Manager Clay. Pearson reported in order to provide timely and accurate utility
billings to City residents, the City retains the services of a 31d party printing contractor,
Peregrine Services, Inc., in the estimated annual expenditure amount of 4333,461 for
the period of July 1, 2017 through June 30, 2018.
Voting"Aye" Councilmembers Perez, Carbone, Reed., Moore, Ordeneaux, and Little.
Voting "No" None..
Motion Passed 6 to 0..
Page 8 of 10 — 5/22/2017
Council Action - Resolution No. R2017-113 — A Resolution of the City Council of the
City of Pearland, Texas, approving recommendations of the Property Tax Resale
Committee of Brazoria County for the property located at 1818 Roy Road, A0234 H T &
B R R TRACT 49-50.
Councilmember Carbone made the motion, seconded by .Mayor Pro -Tem Moore to
approve the Resolution No. 2017-1.13.
City Manager Clay Pearson reported Council is being asked to approve the
recommendations .of the Property Tax Resale Committee of Brazoria County for the
property located at 1818 Roy Road, A0234 H T & B R R TRACT 49-50.
Discussion ensued between Councilmember Perez and Assistant City Manager Trent
Epperson regarding if the property will be able to be used for something other than what
is already there:
Deputy City Attorney Lawrence Provins stated if the person purposing to purchase this
piece of property wants to do anything other than what is currently on that property they
would have to comply with the .Unified Development Code (UDC). The UDC requires it
to be a private road built to City standards otherwise they will have to keep what is there_
and not make improvements.
Voting "Aye" Councilmembers Carbone, Reed, Moore, Ordeneaux, Little, and Perez
Voting "No" None.
Motion Passed 6 to 0.
Council Action — Resolution;,No.tR2017-86 — A Resolution of the City Council of the
City of Pearland, Texas, authorizing the City Manager or his designee to enter into a -
Development Agreement with First Capital Partners, LLC, ("Developer") reciting the
responsibilities of the City and Developer associated with the development of a
residential community (Massey Oaks).
Councilmember Reed made the motion, seconded by Mayor Pro -Tem Moore to approve
the Resolution No. 20i7-86.
City Manager Clay Pearson reported as Council is aware, this proposed development
agreement between .the City and First Capital Partners (Developer) outlines the roles
and responsibilities of the parties with respect to the offsite infrastructure for the
development of the Massey Oaks Planned Development (PD) residential community.
.Page 9 of 10 — 5/22/2017
Voting "Aye" Councilmembers Reed, Moore, Perez, and Carbone.
Voting "No" None.
Motion Passed 4 to 2, with Councilmember Ordeneaux abstaining and Councilmember
Little absent from the. Chambers.
MAYORICOUNCIL ISSUES FOR FUTURE -CITY COUNCIL AGENDAS: None.
ADJOURNMENT
Meeting was adjourned at 8:00 p.m.
Minutes approved as submitted and/or corrected this the 26th day of June, A.D., 2017.
Tom Reid
Mayor
ATTEST.
Page 10 of 10 — 5/22/2017
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