1987-11-23 CITY COUNCIL REGULAR MEETING MINUTESI In
MINI= OF A 1M)L IR MEETI w: -OF TBE CITY COLMIL OF THE CITY OF PEARLAm, TEXAS, HELD
ON NOVEMBER 23, 1987, AT 7:30 P.M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilmember/Mayor Pro Tem Richard Tetens
Councilmember Stella Roberts
Councilmember James Bost
Councilmember Dennis Frauenberger
Member of the Council Vacant
Position No. 5
City Manager Ronald J. Wicker
Assistant City Manager Donald Birkner
City Attorney Luke L. Daniel
Police Chief Bob Riemenschneider
Public Works Director Bill Thomasset
City Secretary Kay Krouse
The invocation was given by Councilmember James Bost. The Pledge of Allegiance was
led by Councilmember Dennis Frauenberger.
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It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the
Minutes of the Regular Meeting of November 9, 1987, be approved as presented.
Motion passed 3 to 0. Councilmember Bost abstained.
It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the
Minutes of the Special Meeting of November 16, 1987, be approved as submitted.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT: None
City Manager Ron Wicker reported the contractor on the John Lizer Road project will
likely be putting pavement on the road this next week and hopefully the road will be
ready for use in a week or so.
CITIZENS: None
1-1A 1.4 N WD1 1 YJ . 1 !� • a
AWARD OF BID NO_ B87-14, CAB & CHASSIS FOR A HMM PICKER TRUCK
Council reviewed the following bids:
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BAYOU CITY 88 FORD/F800 $26,019.00 45-60 DAYS FACTORY ORDER TERMS/NET 10 DAYS
FORD TRUCK
ALTERNATE 88 FORD/F800 25,889.00 7-10 DAYS OUT OF STOCK TERMS/NET 10 DAYS
ALVIN 88 INTERNA- 25,500.00 120-150 DAYS
EQUIPMENT TIONAL/1954
ALTERNATE NO BID
Public Works Director Bill Thomasset advised that Staff is recommending award to
second low bidder on the basis of time of delivery. The second low bidder can
deliver within 7-10 days; the low bidder can deliver within 120-150 days. We did
specify that time would be a consideration in this bid. Maintenance cost on the
current equipment would exceed the difference between the bids.
It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council
accept the Alternate No. 1, from Bayou City Ford Truck Sales for a 1988 Ford/F800
truck at a cost of $25,889.00 with delivery of 7-10 days and paid for out of the
appropriate funds.
Motion passed 4 to 0.
RESOLUTION NO. R87-30, RESOLUTION APPOINTING THE CITY MANAGER AS AGENT FOR CITY
COIWIL TO DIRECT LEGAL SERVICES TO BE PERFORMED BY THE CITY ATTORNEY AND TO DIRECT
SERVICES TO BE PERFORMED BY TBE NUNICIPAL COURT JUDGE
Mayor Reid explained that under our Charter requirements, the Council is responsible
for three employees, i.e.,, the city manager, the city attorney and the municipal
judge. Most other cities having the same type of government have their city manager,
as part of his administrative responsibilities, direct legal services to be performed
by the city attorney and to direct services to be performed by the municipal judge.
Mayor Reid stated he feels that our city's needs will be better served by approval of
this Resolution appointing the City Manager as agent for the Council.
In Council discussion it was recommended that, in the Resolution, the seventh
paragraph from the top, last line, the following be inserted after Municipal Court
Judge: "as part of his administrative responsibilities," and in the second to last
paragraph, insert "The" in place of "This" at beginning of sentence.
Resolution No. R87-30 read in its entirety by Councilmember Bost.
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that
Resolution No. R87-30 be passed and approved on the first and only reading. Said
Resolution No. R87-30 reads as follows:
RESOLUTION NO. 887-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPOINTING THE CITY MANAGER AS AGENT FOR CITY COUNCIL TO DIRECT
LEGAL SERVICES TO BE PERFORMED BY THE CITY ATTORNEY AND TO
DIRECT SERVICES TO BE PERFORMED BY THE MUNICIPAL COURT JUDGE.
WHEREAS, Section 4.01 of the Home Rule Charter of the City of Pearland,
Texas, gives the City Council the authority and duty to appoint the City
Manager to serve as the adminstrative and executive officer of the city; and
WHEREAS, Section 4.06 of the Home Rule Charter of the City of Pearland,
Texas, gives the City Council the authority and duty to appoint the Judge of
the Municipal Court; and
WHEREAS, Section 4.07 of the Home Rule Charter of the City of Pearland,
Texas, gives the City Council the authority and the duty to appoint the City
Attorney; and
200
WHEREAS, the members of the City Council are not full time employees of
the City of Pearland and do not administer the day-to-day affairs of the city;
and
WHEREAS, there is a necessity in the day-to-day administration of the
affairs of the city for the city attorney and the municipal court judge to be
advised of the services necessary by them respectively;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Pearland, Texas:
That the City Council hereby appoints the City Manager as Agent for the
City Council to direct legal services to be performed by the City Attorney and
to direct services to be performed by the Municipal Court Judge, as part of
his administrative responsibilities;
The City Manager, however, shall. not have the right to appoint nor
discharge the City Attorney or the Municipal Court Judge nor to set any of the
compensation which is to be paid by the City of Pearland, Texas to the City
Attorney or the Municipal Court Judge.
PASSED AND APPROVED on this 23rd day of November, A. D., 1987.
ATTEST:
/s/ Kay Krouse
City Secretary
APPROVED AS TO FORM:
/s/ Tom Reid
Mayor
/s/ Luke L. Daniel
City Attorney
Voting "Aye" - Councilmembers Roberts, Bost, Tetens, and Frauenberger.
Voting "No" - None.
Motion passed 4 to 0.
AUTHORIZATION FOR STAFF TO BID A PXVEC''T TO INSITUFORM A 343' SECTION OF SEWER MAIN
ON OLD ALVIN ROAD BETWEEN WAINOT AND VWSOR AT AN ESTIMATED COST OF $33,000.00
City Manager Ron Wicker explained that another portion of sewer line has been
determined to be falling away in quicksand and we have found that the most effective
means of repairing this type of project is through a process called insituform.
Several companies are now doing insituform for repairing lines. It is a very good
process, Mr. Wicker stated, and one we have found to be very successful in three
other projects in the City.
It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the
Staff be authorized to bid a project to insituform a 343' section of sewer main on
Old Alvin Road between Walnut and Windsor at an estimated cost of $33,000.00.
Motion passed 4 to 0.
APPROVAL OF INVOICES
(a) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that
Invoice No. 37485, Industrial International, Inc., for materials for F.M. 518
Waterline Relocation, in the amount of $10,809.47, be approved and payment made
from the appropriate fund.
Motion passed 4 to 0.
(b) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that
Estimate No. 1, Reliable Painting Contractors, Inc., for Cleaning, Surface
Preparation and Painting Water Storage Tank on F.M. 518, in the amount of
201
$18,204.30, be approved and payment made from the appropriate fund.
Motion passed 4 to 0.
(c) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that
Estimate No. 2, C & S Asphalt Sealing Co., Inc., for 1987 Street Maintenance
Program Phase 2, John Lizer Road, in the amount of $98,431.67, be approved and
payment made from the appropriate fund.
City Manager Ron Wicker explained that by Change Order, under this same con-
tract, Dee, a portion of San Antonio, and McDonald streets have been paved.
Motion passed 4 to 0.
Meeting adjourned at 8:00 P. M.
Minutes approved as submitted and/or corrected this day ofyr�
A. D., 1987.
w
Mayor
ATTEST:
City SE66retary