1987-07-27 CITY COUNCIL REGULAR MEETING MINUTES141
MINUTES OF A REGULAR MEETING OF TBE CITY COUNCIL OF TIE CITY OF PEARLAND, TEXAS, HELD
ON JULY 27, 1987, AT 7:30 P. M. IN THE CITY HALd., 3519 LIBERTY DRIVE, PEARL.AND, TEXAS
The meeting was called to order with the following present:
Mayor Tom Reid
Councilmember Charles Mack
Councilmember Dennis Frauenberger
Councilmember James Bost
Councilmember Stella Roberts
City Manager Ronald J. Wicker
City Attorney Luke L. Daniel
City Secretary Kay Krouse
Absent from the meeting: Councilmember/Mayor Pro Tem Richard Tetens.
INVOCATION AND PIm(E OF ALLEGIANCE
The invocation was given by Councilmember James Bost. The Pledge of Allegiance was
led by Councilmember Charles Mack.
Mayor Reid advised that the American and Texas flags in the Council Chambers had
recently been cleaned, compliments of Garners Cleaners.
APPROVAL OF MINUTES
It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the
Minutes of the Regular meeting of July 13, 1987, be approved as submitted.
Motion passed 4 to 0.
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that the
Minutes of the Joint Public Hearings held on July 20, 1987, be approved as submitted.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT - None
Councilmember Roberts reported the planning for the activities of the Dedication and
Open House for the new City Hall on August 8 is underway; some of the invitations
have been mailed and everyone is invited to attend.
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City Attorney Luke Daniel reported the agenda is full of new ordinances which are in
response to new enabling legislation passed by the 70th Legislature.
r^ 1. Don Capps, 2702 Longwood. Mr. Capps stated he would like to request Council
grant him a variance from the 100' setback line from a pipeline easement. He plans
to build an addition onto his house and this addition would encroach 25' into the
100' setback. Mr. Capps advised Council he was aware of the item on the agenda
tonight under New Business whereby the Council would consider, on first reading, an
ordinance requiring a waiver be signed for persons wishing to build across or near
pipelines. Mr. Capps stated he would be agreeable to signing such a waiver.
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City Attorney Luke Daniel advised that if Council was agreeable tonight to approving
the ordinance requiring a waiver from persons wishing to build across or near
pipelines, and if they were so inclined, perhaps Mr. Capps could comply ahead of time
in order to go on with his building project. It was suggested Council pass this item
until later in the meeting in order to hear Luther Cunningham who had requested to
speak on the same subject.
CITIZENS (Continued)
2. Luther Cunningham, 2416 S. Washington. Mr. Cunningham stated he had made a
similar request for a variance on his property in Mimosa Acres in the past, and since
that time has read a news article concerning a U. S. Supreme Court decision which
ruled that just compensation should be made to a landowner whose property is "taken"
by a City through land regulations such that the landowner is denied use of his
property. Mr. Cunningham stated he would like Council to revoke the ordinance
requiring the 100' setback and, in addition, further stated he does not wish to sign
a waiver, putting the liability on him.
NEW BUSINESS (Continued)
01RD--JV1,1r.0T NO. 224-1C, ORDD*ICE REQUIR]M WAIVER FROM PEEMM BLTIIDDG AMM OR NEAR
PIPELINES
City Attorney Luke Daniel explained Ordinance No. 224-1C comes into play when a
person applies for a building permit on property having a pipeline crossing it.
Ordinance No. 421-3 deals with developers subdividing lots in a proposed subdivision
that are crossed by or come within one hundred feet of a pipeline easement.
In a discussion between Council and City Attorney Daniel, Mr. Daniel explained the
waiver signed by persons and developers would be recorded in the appropriate plat or
deed records and will serve to notify the builders or buyers that there could be a
problem with property having pipeline crossings.
City Manager Ron Wicker commented that after the Brookside pipeline disaster, he
served on a committee appointed by Council to look after the health and welfare of
the citizens of Pearland by recommending rules and guidelines in relation to pipeline
easements. He stated he believes it is very important that we maintain these regula-
tions and keep the ordinances that are currently in effect. By using the waiver, we
will at least be making everyone aware that we are concerned about citizen safety.
Ordinance No. 224-1C read in caption by Councilmember Frauenberger. (First Reading)
It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that
Ordinance No. 224-1C be passed and approved on the first of two readings. Said
Ordinance No. 224-1C reads in caption as follows:
ORDINANCE NO. 224-1C
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING SECTION 7-17 OF THE CITY CODE OF ORDINANCES BY ADDING A
NEW SUBSECTION (c) THERETO, REQUIRING A WAIVER AND HOLD HARMLESS
AGREEMENT TO BE EXECUTED BY PERSONS WISHING TO BUILD WITHIN 100
FEET OF AN EXISTING PIPELINE OR PIPELINE EASEMENT; HAVING A
SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Roberts, Bost, Frauenberger, and Mack.
Voting "No" - None.
Motion passed 4 to 0.
In response to Mayor Reid's request, City Attorney Luke Daniel read the following
waiver statement that is included in Ordinance No. 224-1C:
'I, applicant , do hereby state on my oath, that I fully realize
that I am applying for a permit from the City of Pearland to build
within 100 feet of an existing oil or gas pipeline or pipeline
easement; that I am fully aware of the dangers inherent in building
near such pipeline or pipeline easement, including but not limited to
explosion and release of noxious, toxic and flammable substances; and
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further, that I do hereby RELEASE and agree to forever HOLD HARMLESS
the City of Pearland, Texas, its officers, successors and assigns from
all liability in any way arising from the building, use, or habitation
of the structure described in the said permit.'
COUNCIL DECISION ON REQUEST BY DON CAPPS (Continued)
It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that
since Council has granted variances of 75 feet in the past and because of the essence
of time, that Mr. Capps be granted his request for a variance of building a permanent
structure within 75 feet of the pipeline easement.
In Council discussion, Councilmember Bost proposed an amendment to the motion whereby
the variance request be granted subject to Mr. Capps signing the waiver agreement as
set forth in Ordinance No. 224-1C. The maker of the motion, Councilmember
Frauenberger, and the seconder, Councilmember Mack, agreed to this amendment.
Amended motion passed 4 to 0.
ORDINANCE NO. 421-3, ORDINANCE FOX)IRING WAIVER FROM DEVELOPERS WISHING TO SUBDIVIDE
LOTS ACROSS OR NEAR PIPELINES
Ordinance No. 421-3 read in caption by Councilmember Mack. (First Reading)
It was moved by Councilmember Mack, seconded by Councilmember Bost, that Ordinance
No. 421-3 be passed and approved on the first of two readings. Said Ordinance No.
421-3 reads in caption as follows:
ORDINANCE NO. 421-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING SECTION 27-4 (D) (5) AND ADDING A NEW SECTION 27-4 (D)
(6) TO THE CITY CODE OF ORDINANCES, REQUIRING A WAIVER AND HOLD
HARMLESS AGREEMENT TO BE EXECUTED BY A DEVELOPER IN CASES WHERE
LOTS COME WITHIN 100 FEET OF AN EXISTING PIPELINE OR PIPELINE
EASEMENT; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AMID AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Mack, Frauenberger, Bost, and Roberts.
Voting "No" - None.
Motion passed 4 to 0.
DOCKETED PUBLIC HEARINGS: None
Ul�'Il�IISHED BUSINESS: None
NEW BUSINESS (Continued)
COUNCIL DECISION ON APPLICATION NO. 8, REQUEST BY AUDREY S. JOHNSTON, ATP FOR FRANK
AND DONNA WADDLE, OWNEFS, FOR AMENDMENT TO LAND USE AND URBAN DEVELOPMENT ORDINANCE
FROM CLASSIFICATION CSL BUSINESS TO COPPERCIAL
Mayor Reid read into the records the following letter from Planning and Zoning Chair-
man Leroy Savoie:
July 22, 1987
The Honorable Mayor and City Council
City Hall
Pearland, Texas 77581
Councilmembers:
At the Special Meeting of July 20, 1987, the Planning and Zoning Commission
considered a request by Audrey S. Johnston, agent for Frank and Donna Waddle, owners,
for an amendment to the Land Use and Urban Development Ordinance of Pearland, from
classification GB, General Business to C, Commercial on 4004 Jasmine. Al Lentz made
a motion to recommend to City Council approval of the request for an amendment to the
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Land Use and Urban Development Ordinance. James Garner seconded the motion. Motion
passed 4-0, with Mary Starr absent from the council chamber during discussion.
The Planning and Zoning Commission is presenting this for Council's consideration.
Sincerely,
/s/ Leroy Savoie
Chairman, Planning and Zoning Commission
LS/EB/dl
It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that the
City Attorney be instructed to prepare the necessary amendment to the Land Use and
Urban Development Ordinance on Application No. 8, to permit the usage from General
Business to Commercial.
Motion passed 4 to 0.
SUBMISSION OF CITY MANAGER'S BMGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987
It was moved by Councilmember Mack, seconded by Councilmember Bost, that the City
Manager's Proposed Budget for the Fiscal Year beginning October 1, 1987, be received
into the records of the City.
Motion passed 4 to 0.
CALL OF PUBLIC fFJUU G ON BUDGET
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that a Public
Hearing on the proposed Budget be set for Thursday, August 6, 1987, at 7:30 P. M. in
the City Council Chambers.
Motion passed 4 to 0.
BID NO. B87-7, MATERIALS FOR F. M. 518 WATER I
Council reviewed the following bids:
TOTAL LUMP SUM BID
VENDOR ON VARIOUS ITEMS NET TOTAL W/DISCOUNT
INDUSTRIAL INT'L INC. $ 105,117.43 N/A
ROHAN 112,427.48 $ 110,741.07
UTILITY SUPPLY 114,773.80 N/A
AQUA UTILITY SUPPLY 108,950.64 N/A
MUNICIPAL PIPE & FAB 111,716.80 N/A
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Bid No.
B87-7, Materials for F. M. 518 Water Line be awarded to Industrial International,
Inc., in the amount of $105,117.43 and payment made from the appropriate funds.
Motion passed 4 to 0.
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BID NO. 887-9, CONSTIMMON OF OUTFALL 1WFDVEMENTS FOR F. M. 518
Council reviewed the following bid:
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MERCER CONSTRUCTION COMPANY $ 50,860.00 596
Director of Public Works Bill Thomasset advised Council that the one bid was a good
one. Mercer is a strong contractor and their bid was 149/6 under the Engineer's
Estimate of the cost.of the project.
It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that Bid
No. B87-9 be awarded to Mercer Construction Company for construction of outfall
improvements for F. M. 518, in the amount of $50,860.00 and payment be made from the
appropriate funds.
Motion passed 4 to 0.
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City Attorney Luke Daniel explained this ordinance is an annual amendment to update
service credits for city employees under the Texas Municipal Retirement System.
Ordinance No. 538 read in caption by Councilmember Bost. (First Reading)
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Ordinance
No. 538 be passed and approved on the first of two readings. Said Ordinance No. 538
reads in caption as follows:
�--. ORDINANCE NO. 538
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS
MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM
FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY
ARE IN THE EMPLOYMENT OF THE CITY OF PEARLAND; PROVIDING FOR INCREASED
PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF
DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR
SUCH ACTIONS.
Voting "Aye" - Councilmembers Roberts, Bost, Frauenberger, and Mack.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 539, ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN TEXAS
M IMCIPAL 10r - SYSTEM, GRANM G ADDITIONAL RIGHTS, CREDITS AND BENEFITS
City Manager Ron Wicker explained this ordinance allows some of the older City
employees, previously not covered, to opt into the retirement system; and it now
allows for employees with 25 years service in T.M.R.S. to retire at any age.
Ordinance No. 539 read in caption by Councilmember Roberts. (First Reading)
It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance
No. 539 be passed and approved on the first of two readings. Said Ordinance No. 539
reads in caption as follows:
ORDINANCE NO. 539
AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS
MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS,
CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 62.105, 64.202(f),
64.204, 64.405, 64.406 AND 64.410 OF TITLE 110B, REVISED CIVIL
STATUTES OF TEXAS, 1925, AS AMENDED BY THE 70TH LEGISLATURE; AND
PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE.
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Voting "Aye" - Councilmembers Mack, Frauenberger, Bost, and Roberts.
Voting "No" - None.
Motion passed 4 to 0.
City Attorney Luke Daniel had some preparatory comments regarding the next five
agenda items. State law provides for cities to enact certain penalties for the
criminal violation of its code of ordinances and the 70th Legislature raised the
maximum fines for certain violations. The next five ordinances reflect these
changes.
FINANCE NO. 499-1, ORDINANCE AMENDING SECTION 1-11 OF THE CITY CODE OF ORDINANCES,
TO PROVIDE FOR A GENERAL PENALTY NOT TO EXCEED $500.00 FOR VIOLATIONS OF THE CODE
WHERE A PENALTY IS NOT SPECIFIED, AND A PENALTY NOT TO EXCEED $2,000.00 FOR VIOLATION
OF CERTAIN CHAPTERS.
Ordinance No. 499-1 read in caption by Councilmember Mack. (First Reading)
It was moved by Councilmember Mack, seconded by Councilmember Frauenberger, that
Ordinance No. 499-1 be passed and approved on the first of two readings. Said
Ordinance No. 499-1 reads in caption as follows:
ORDINANCE NO. 499-1
AN ORDINANCE AMENDING SECTION 1-11 OF THE CODE OF ORDINANCES OF THE
CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A GENERAL PENALTY NOT TO
EXCEED $500.00 FOR VIOLATIONS OF THE CODE WHERE A PENALTY IS NOT
SPECIFIED, AND A PENALTY NOT TO EXCEED $2,000.00 FOR VIOLATION OF
ANY OF THE PROVISIONS OF CHAPTER 6 (ANIMALS AND FOWL), 10 (FIRE
PREVENTION AND PROTECTION), 11 (FOOD AND FOOD HANDLERS), AND 16
(MASSAGE ESTABLISHMENTS) OF THE CITY CODE OF ORDINANCES FOR WHICH
NO SPECIFIC PENALTY IS PROVIDED; HAVING A SAVINGS CLAUSE; HAVING A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
Voting "Aye" - Councilmembers Mack, Frauenberger, Bost, and Roberts.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 441-2, ORDINANCE AMENDING SECTION 10-116(b) OF CITY CODE OF ORDINANCES
TO PROVIDE FOR A $25.00 TO $2,000.00 PENALTY FOR PARKING IN FIRE LANE
Ordinance No. 441-2 read in caption by Councilmember Frauenberger. (First Reading)
It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that
Ordinance No. 441-2 be passed and approved on the first of two readings. Said
Ordinance No. 441-2 reads in caption as follows:
ORDINANCE NO. 441-2
AN ORDINANCE AMENDING SECTION 10-116(b) OF THE CODE OF ORDINANCES
OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $25.00 TO
$2,000.00 PENALTY FOR VIOLATION OF ARTICLE VI OF CHAPTER 10 OF
THE CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
Voting "Aye" - Councilmembers Roberts, Bost, Frauenberger, and Mack.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 181-3, ORDINANCE AMENDING SECTION 12-6 OF CITY CODE OF ORDINANCES TO
PROVIDE FOR A $25.00 TO $2,000.00 PENALTY FOR VIOLATION OF CHAPTER 11 (GARBAGE AND
TRASH)
Ordinance No. 181-3 read in caption by Councilmember Bost. (First Reading)
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Ordinance
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No. 181-3 be passed and approved on the first of two readings. Said Ordinance No.
181-3 reads in caption as follows:
ORDINANCE NO. 181-3
AN ORDINANCE AMENDING SECTION 12-6 OF THE CODE OF ORDINANCES OF THE
CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $25.00 TO $2,000.00
PENALTY FOR VIOLATION OF CHAPTER 12 OF THE CODE OF ORDINANCES;
HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Mack, Frauenberger, Bost, and Roberts.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 528-1, ORDINANCE AMENDING SECTION 6-23 OF CITY CODE OF ORDINANCES TO
PROVIDE FOR A $1.00 TO $2,000.00 PENALTY FOR VIOLATION OF CHAPTER 6 (ANIMALS AND
FOWL)
Ordinance No. 528-1 read in caption by Councilrrember Roberts. (First Reading)
It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance
No. 528-1 be passed and approved on the first of two readings. Said Ordinance No.
528-1 reads in caption as follows:
ORDINANCE NO. 528-1
AN ORDINANCE AMENDING SECTION 6-23 OF THE CODE OF ORDINANCES OF
THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $1.00 TO
$2,000.00 PENALTY FOR VIOLATION OF CHAPTER 6 OF THE CODE.OF
ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" Councilmembers Roberts, Bost, Frauenberger, and Mack.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE ND. 443-1, ORDINANCE AMENDING SECTION 30-84 OF CITY CODE OF ORDINANCES TO
PROVIDE FOR A $100.00 TO $2,000.00 PENALTY FOR VIOLATION OF CHAPTER 30 (UTII_TTIES)
Ordinance No. 443-1 read in caption by Councilmember Mack. (First Reading)
It was moved by Councilmember Mack, seconded by Councilmember Frauenberger, that
Ordinance No. 443-1 be passed and approved on the first of two readings. Said
Ordinance No. 443-1 reads in caption as follows:
AN ORDINANCE AMENDING SECTION 30-84 OF THE CODE OF ORDINANCES OF
THE CITY OF. PEARLAND, TEXAS, TO PROVIDE FOR A $100.00 TO
$2,000.00 PENALTY FOR VIOLATION OF CHAPTER 30 OF THE CODE OF
ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Mack, Frauenberger, Bost, and Roberts.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 540, ORDINANCE AUTHORIZING COLLECTING A $10.00 EXPENSE FROM PERSONS
REQUESTING TO TAKE A STATE APPROVED DRIVING SAFETY COURSE IN A MUNICIPAL COURT
PROCE®IlVG
Ordinance No. 540 read in caption by Councilmember Frauenberger. (First Reading)
It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that
Ordinance No. 540 be passed and approved on the first of two readings. Said
Ordinance No. 540 reads in caption as follows:
ORDINANCE NO. 540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE MUNICIPAL JUDGE TO ASSESS A $10.00 SPECIAL
EXPENSE UPON A REQUEST TO TAKE A DRIVING SAFETY COURSE, PURSUANT
TO ARTICLE 6701d, SEC. 143A, V.A.C.S; PROVIDING FOR COLLECTION
AND DEPOSIT OF SAME; HAVING A SAVINGS CLAUSE; HAVING A REPEALER
CLAUSE; PROVIDING FOR PUBLICATION AND HAVING AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Roberts, Bost, Frauenberger, and Mack.
Voting "No" - None.
Motion passed 4 to 0.
RESOLUTION NO. R87-18, RESOLUTION CONCERflIM INSTAU.MON OF TRAFFIC CONTROL DEVICES
IN CITY (STOP SIGNS - INDEPMDENCE PARK ROAD, T IM TY DRIVE, INDUSTRIAL DRIVE)
City Attorney Luke Daniel explained that this Resolution requests Council
ratification of three stop signs installed in the City at the following locations:
One stop sign facing Northbound traffic exiting Independence Park at the Independence
Park Road intersection with John Lizer Road and Liberty Drive; one stop sign facing
southbound traffic on Liberty Drive at the Liberty Drive intersection with John Lizer
Road and the Independence Park Road, thus making the intersection a three-way stop;
and one stop sign facing eastbound traffic on Industrial Drive at the intersection of
Industrial Drive with Old Alvin Road.
Resolution No. R87-18 read in its entirety by City Attorney Luke Daniel.
It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that
Resolution No. R87-18 be passed and approved on the first and only reading. Said
Resolution No. R87-18 reads in caption as follows:
•4K• •
A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC
CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME.
Voting "Aye" - Councilmembers Mack, Frauenberger, Bost, and Roberts.
Voting "No" - None.
Motion passed 4 to 0.
APPROVAL OF INVOICES
1. It was moved by Councilmember Frauenberger, seconded by Councilmember Mack,
that Invoice No. 6141, J.R.M. Construction Co, Inc., for installation of
gasoline dispensing card system, in the amount of $17,696.50, be approved and
payment made from the appropriate funds.
In response to a question from Council, City Manager Ron Wicker advised that the
equipment has been installed and is working adequately on a manual basis. As soon as
the new computer system is installed in the Police Department, there is an interface
which will be tied into the computer so that we can keep daily logs on fuel usage.
Chief Riemenschneider described the card system used in the gasoline dispensing.
Motion passed 4 to 0.
2. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost,
that Estimate No. 1, C & S Asphalt Sealing Co, Inc., for 1987 Street Main-
tenance Program, Project 87-6, in the amount of $40,057.21, be approved and
payment made from the appropriate fund.
Motion passed 4 to 0.
It was moved by Councilmember Mack, seconded by Councilmember Bost, that City Staff
be authorized to bid disposable refuse bags and the money be taken from the appropri-
ate funds.
Motion passed 4 to 0.
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It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that
Staff be authorized to prepare the necessary papers to bid the Bank Depository
Contract.
Motion passed 4 to 0.
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MEETING RECESSED TO EXECUTIVE SESSION AT 9:16 P.M. UNDER TEXAS REVISED CIVIL
STATUTES, ARTICIE 6252-17, SECTION 2
Mayor Reid read the following items:
- SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: MECA v. B. M.
Jamison et ux.
- SUBSECTION (f) ACQUISITION OF REAL PROPERTY - (1) Additional Right -of -Way for
Drainage Outfall on F. M. 518, and (2) Exchange and/or Purchase of Real
Property to Provide Fill Dirt for Final Cover of Landfill.
- SUBSECTION (g) PERSONNEL - (1) Discussion of Appointment of Member to Building
Code Board of Adjustments and Appeals; and (2) Discussion of Appointment of
Member to Gas and Plumbing Code Board of Adjustments and Appeals.
MEETING RETURNED TO OPEN SESSION AT 10:02 P. M.
Mayor Reid stated that the items discussed in Executive Session were those read in
open session tonight and signed a certification to that effect.
NEW BUSINESS (Continued)
It was moved by Councilmember Mack, seconded by Councilmember Bost, that the City
Manager be authorized to exchange real property for the purchase of property to pro-
vide dirt for final cover of the landfill.
Motion passed 4 to 0.
The meeting adjourned at 10:05 P. M.
Minutes approved and/or corrected this ly day of delL , A. D.,
1987.
Mayor
ATTEST:
,- City Sitretary