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1988-03-14 CITY COUNCIL REGULAR MEETING MINUTES9.4.5 MINUTES OF A H7(XJiAR MERME OF THE CITY COUNCIL OF THE CITY OF PEARLAM, TEXAS, HEia ON MARCH 14, 1988, 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 Councilmember Councilmember Councilmember City Manager City Attorney Assistant City Manager Public Works Director City Secretary William Wolff Dennis Frauenberger James Bost Stella Roberts Ronald J. Wicker Luke L. Daniel Donald Birkner William Thomasset Kay Krouse IlWOC101ON AND P.Lm(E OF AT T37f,TA11Y`F' The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by City Secretary Kay Krouse. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the Minutes of the Regular Meeting of February 22, 1988 be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Minutes of the Special Meeting of March 7, 1988 be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid informed that City Secretary Kay Krouse is the current President of the Salt Grass Chapter of the Texas Municipal Clerks Association and commended her for her fine service to the City and to the regional organization. COUNCIL ACTIVITY REPORT Councilmember Bost introduced from the audience Mr. Don Angle, a former resident of Pearland who is currently visiting our City. DEPA117NEWAL EEPORTS - None 1. Rev. B. V. Barnett, 5208 Camden Lane. Rev. Barnett spoke to Council about his feelings concerning the proposed Sign Ordinance. He also explained he is the minister of the Pearland Tabernacle Church and recently had his old off premise church sign removed from the triangle of land where Walnut and FM 518 come together. A new sign was placed across the street underneath a Pulte Homes sign. Shortly after the sign was erected, Rev. Barnett said he was contacted by the City Inspector who informed him the sign would have to be taken down because it was in violation of the moratorium on off -premise signs. He was contacted several days later by the inspector and told that the sign could remain at this time. Rev. Barnett requested Council take into consideration provisions for off - premise church signs in the new proposed sign ordinance. 246 2. Frances Jamison, FM 518. Mrs. Jamison questioned what it would take to drill an oil and gas well in the City of Pearland. City Manager Ron Wicker informed that first the property where the drilling would occur would have to be zoned properly which is M-2, Heavy Industrial District and then, all requirements would have to be met as outlined in Chapter 21 of the Code of Ordinances, Oil and Gas, before a permit for drilling would be issued. MOTION TO REMOVE FROM TABLE COUNCIL APPROVAL OF INVOICE NO. 87-18, INFORMATION CONKRUCATION CORPORATION It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Council remove Invoice No. 87-18 from the table so it can be discussed. Motion passed 5 to 0. COUNCIL APPROVAL OF INVOICE NO. 87-18, INFORMATION COMMUNICATION CORPORATION, COMPUTER. SOFTWARE FOR POLICE DEPARDff2U, IN THE RgXW OF $28,000.00 City Manager Ron Wicker explained that this invoice was before Council some time back and at that time it was determined there were some items which were incomplete and the invoice was not ready to be paid. We now have the Police Department and Municipal Court computer software operational and. recommend payment of this invoice. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Council approve payment of Invoice No. 87-18, Information Communication Corporation, for computer software for the Police Department, in the amount of $28,000.00 and payment be made from the appropriate funds. Motion passed 5 to 0. ORDINAL= NO. 509-A, ORDINANCE AME MU G THE ZMW G ORDINANCE OF THE CITY OF PEARLAND, BY ADDING SIGN REGULATIONS, AND PROVIDING A PENALTY FOR VIOLATION In a lengthy discussion concerning the proposed sign ordinance, Council made the following changes/additions to the text: On page 13 of the Ordinance, under Special Provisions, at the end of the sentence, delete the words "in area" and insert "per sign face." On page 13, under Special Provisions, add a second paragraph to read: "Churches, colleges, government-owned buildings and institutional educational uses shall be allowed one off -premise sign, for directional purposes, not to exceed 32 square feet per face." In Section 7, add a second sentence to read: "The moratorium on off -premise signs, heretofore passed by Ordinance of the City Council, is in all things repealed at the effective date of this Ordinance." Ordinance No. 509-A was read in caption by Councilmember Roberts. (First Reading) It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Ordinance No. 509-A, with the recommended changes, be approved on the first of two readings. Said Ordinance No. 509-A reads in caption as follows: 101, 440MV,ki AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE ZONING ORDINANCE OF THE CITY OF PEARLAND BY AMEND- ING SECTION 3 THEREOF TO ADD AND DELETE CERTAIN DEFINITIONS; BY ADDING A NEW SECTION 22, SIGN REGULATIONS; BY DELETING CERTAIN USES FROM TABLE III OF APPENDIX 'A'; AND BY ADDING A NEW TABLE VII THERETO; REQUIRING PERMITS; RESTRICTING SIZE, LOCATION, SPACING AND TYPE OF SIGNS GENERALLY AND BY ZONING DISTRICT; FURTHER REGULATING PORTABLE SIGNS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR ABATEMENT OF UNSAFE SIGNS; REQUIRING REGISTRATION; PROVIDING FOR APPLICATION OF PROVISIONS TO THE EXTRA- TERRITORIAL JURISDICTION OF THE CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. 247 Voting "Aye" - Councilmembers Roberts, Bost, Tetens, Frauenberger and Wolff. Voting "No" - None. Motion passed 5 to 0. Mayor Reid appointed Councilmembers Roberts and Wolff to serve on a committee to work with City Staff and Planning and Zoning members to review the provisions for off - premise signs within the City. Mayor Reid requested that Councilmember Roberts chair this committee. ORDDW= NO. 548, ORDINANCE AU3iINIZIIVC' THE ISSUANCE OF $250,000 CITY OF PF:AARUM, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988; AND DECLARING AN EMERGENCY EXISTS RELATING TO THE IMMEDIATE OF THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE, BECAUSE THE PROCEEDS FROM THE SALE OF THE CERTIFICATES ARE REQUIRED AS SOON AS POSSIBLE FOR THE CONSTRUCTION OF THE FINAL LANDFILL COVER City Manager Ron Wicker stated he met with Frank Ildebrando, Underwood Neuhaus, to discuss the possible sale of the Certificates of Obligation with all three of the local banks. At this time, these local banks are not interested in purchasing the certificates. Frank Ildebrando informed that the Notice of Intent to issue Certificates of Obligation has been published for two consecutive weeks. The notice indicated that this evening we would go forward and pass an ordinance issuing Certificates of Obligation. Mr. Ildebrando stated that Underwood Neuhaus has purchased these Certificates from the City at a rate of 6.4% which he feels is a fair market rate. The sale will be complete if Council agrees tonight to pass the Ordinance. Ordinance No. 548 was read in caption by Councilmember Bost. (First and Only Reading) It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that Ordinance No. 548 be approved on the first and only reading as an emergency ordinance. Said Ordinance No. 548 reads in caption as follows: 0"•4r N N ORDINANCE AUTHORIZING THE ISSUANCE OF $250,000 CITY OF PEARLAND, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988; AND DECLARING THAT AN EMERGENCY EXISTS RELATING TO THE IMMEDIATE PRE- SERVATION OF THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE, BECAUSE THE PROCEEDS FROM THE SALE OF THE CERTIFICATES ARE REQUIRED AS SOON AS POSSIBLE FOR THE CONSTRUCTION OF THE FINAL LANDFILL COVER. Voting "Aye" - Councilmembers Wolff, Frauenberger, Tetens, Bost and Roberts. Voting "No" - None. Motion passed 5 to 0. CERTIFICATE AND ENTIRE ORDINANCE AS APPROVED ON FIRST AND ONLY READING AS AN EMERGENCY ORDINANCE ARE AS FOLLOWS: THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS We, the undersigned officers of the City Council of the CITY OF PEARLAND, TEXAS, hereby certify as follows: 1. That the City Council of the CITY OF PEARLAND, TEXAS, convened in regular session on March 14, 1988, at the regular meeting place thereof, within the City and the roll was called of the duly constituted officers and members of the City Council, to wit: Tom Reid Stella Roberts Richard F. Tetens James E. Bost Dennis Frauenberger William E. Wolff Kay Krouse Mayor Councilmember Councilmember Councilmember Councilmember Councilmember City Secretary and all of said persons were present, except the following absentee(s): none , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF $250,000 CITY OF PEARLAND, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988 was duly introduced for the consideration of the City Council and read in full. It was then duly moved and seconded that said ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of the ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. A true, full and correct copy of the aforesaid ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that the ordinance has been duly recorded in the City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of said meeting pertaining to the adoption of the ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and purpose of the aforesaid meeting, and that the ordinance would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Vernon's Texas Civil Statutes, Article 6252-17, as amended. SIGNED AND SEALED this 14th day of March, 1988. /s/ Kay Krouse City Secretary ( SEAL ) /s/ Tom Reid Mayor ORDINANCE AUTHORIZING THE ISSUANCE OF $250,000 CITY OF PEARLAM, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988; AND DECLARING THAT AN EMERGENCY EXISTS RELATING TO THE IMMEDIATE PRE- SERVATION OF THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE, BECAUSE THE PROCEEDS FROM THE SALE OF THE CERTIFICATES ARE REQUIRED AS SOON AS POSSIBLE FOR THE CONSTRUCTION OF THE FINAL LANDFILL COVER. THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS, (the "City"), authorized the publication of a notice of intention to issue certificates of obliga- tion to the effect that the City Council would meet on March 14, 1988, to adopt an MAN ordinance and take such other action as may be deemed necessary to authorize the issuance of certificates of obligation payable from City ad valorem taxes and certain revenues of the waterworks system of the City, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of construction of public works including a final landfill cover; purchasing materials, supplies, equipment, machinery; and the cost of professional services incurred in connection therewith; and WHEREAS, such notice was published at the times and in the manner required by the Constitution and laws of the State of Texas and of the United States of America, respectively, particularly Sections 271.041-271.063, Texas Local Government Code, as amended; and WHEREAS, no petition or other request has been filed with or presented to any official of the City requesting that any of the proceedings authorizing such certificates of obligation be submitted to a referendum or other election; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: 1. Definitions. Throughout this ordinance the following terms and expressions as used herein shall have the meanings set forth below: The term "Certificates" or "Series 1988 Certificates" shall mean the Series 1988 Certificates of Obligation authorized in this Ordinance, unless the context clearly indicates otherwise. The term "City" shall mean the City of Pearland, Texas. The term "Interest and Sinking Fund" shall mean the interest and sinking fund established by the City pursuant to Section 18 of this Ordinance. The term "Interest Payment Date", when used in connection with any Certi- ficate, shall mean September 1, 1988, and each March 1 and September 1 thereafter unti 1 maturity. The term "Ordinance" as used herein and in the Certificates shall mean this ordinance authorizing the Certificates. The term "Owner" shall mean any person who shall be the registered owner of any outstanding Certificates. The term "Paying Agent" shall mean the Registrar. The term "Record Date" shall mean, for any Interest Payment Date, the 15th calendar day of the month next preceding such Interest Payment Date. The term "Register" shall mean the books of registration kept by the Registrar in which are maintained the names and addresses of and the principal amounts registered to each Owner. The term "Registrar" shall mean MTrust Corp., National Association, Hous- ton, Texas, and its successors in that capacity. 2. Authorization. The Certificates shall be issued in Hilly registered form, without coupons, in the total authorized aggregate amount of Two Hundred Fifty Thousand Dollars ($250,000) for the purpose of evidencing the indebtedness of the City for all or any part of the cost of construction of public works including a final landfill cover; purchasing materials, supplies, equipment, machinery; and the cost of professional services incurred in connection therewith. 3. Designation, Date, and Interest Payment Dates. The Certificates shall be designated as the "CITY OF PEARLAND, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 198811, and shall be dated April 1, 1988. The Certificates shall bear interest from the later of April 1, 1988, or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the basis of a 360 -day year of twelve 30 -day months, interest payable on September 1, 1988, and semiannually thereafter on March 1 and September 1 of each year until maturity. 4. Initial Certificates; Numbers and Denominations. The Certificates shall be issued bearing the numbers, in the principal amounts, and bearing interest at the rates set forth in the following schedule, and may be transferred and 250 exchanged as set out in this Ordinance. The Certificates shal l mature on March 1 in each of the years and in the amounts set out in such schedule. Certificates delivered on transfer of or in exchange for other Certificates shall be numbered in order of their authentication by the Registrar, shall be in the denomination of $5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Certificate or Certificates in lieu of which they are delivered. Certificate Number Year Principal Amount Interest Rate R- 1 1989 $50,000 6.4% R- 2 1990 50,000 6.4 R- 3 1991 50,000 6.4 R- 4 1992 50,000 6.4 R- 5 1993 50,000 6.4 5. Execution of Certificates; Seal. The Certificates shal l be signed by the Mayor of the City and countersigned by the City Secretary of the City, by their manual, lithographed, or facsimile signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Certificates shall have the same effect as if each of the Certificates had been signed manually and in person by each of said officers, and such facsimile seal on the Certificates shall have the same effect as if the official seal of the City had been manually impressed upon each of the Certificates. If any officer of the City whose manual or facsimile signature shall appear on the Certificates shall cease to be such officer before the authentication of such Certificates or before the delivery of such Certificates, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. 6. Approval by Attorney General; Registration by Comptroller. The Cer- tificates to be initially issued shall be delivered to the Attorney General of Texas for approval and shall be registered by the Comptroller of Public Accounts of the State of Texas. The manually executed registration certificate of the Comptroller of Public Accounts substantially in the form provided in Section 15 of this Ordinance shall be attached or affixed to the Certificates to be initially issued. 7. Authentication. Except for the Certificates to be initially issued, which need not be authenticated by the Registrar, only Certificates which bear thereon a certificate of authentication, substantially in the form provided in Section 15 of this Ordinance, manually executed by an authorized representative of the Registrar, shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Certificates so authenticated were delivered by the Registrar hereunder. 8. Payment of Principal and Interest. The Registrar is hereby appointed as the paying agent for the Certificates. The principal of the Certificates shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender, as they become due and payable, at the principal corporate trust office of the Registrar. The interest on each Certificate shall be payable by check payable on the Interest Payment Date, mailed by the Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register or, at the request of an Owner, and at the Owner's risk and expense, in such other manner as may be acceptable to the Owner and the Registrar. Any accrued interest payable at maturity shall be paid upon presentation and surrender of the Certificates to which such interest appertains. If the date for payment of the principal of or interest on any Certificate is a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or a day on which banking institutions are authorized by law or executive order to close, and payment on such date shall have the same force and effect as if made on the original date payment was due. 9. Successor Registrars. The City covenants that at all times while any Certificates are outstanding it will provide a bank, trust company, financial institution or other entity duly qualified and duly authorized to act as Registrar for the Certificates. The City reserves the right to change the Registrar on not CONTINUED FROM VOLUME FIFTEEN less than 60 days written notice to the Registrar, so long as any such notice is effective not less than 60 days prior to the next succeeding principal or interest payment date on the Certificates. Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the Register or copies thereof to the new Registrar, and the new Registrar shall notify each Owner, by United States mail, first .class postage prepaid, of such change and of the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. 10. Special Record Date. If interest on any Certificate is not paid on .._ any Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new record date for the payment of such interest, to be known as a Special Record Date. The Registrar shall establish a Special Record Date when funds to make such interest payment are received from or on behalf of the City. Such Special Record Date shall be fifteen (15) days prior to the date fixed for payment of such past due interest, and notice of the date of payment and the Special Record Date shall be sent by United States mail, first class, postage prepaid, not later than five (5) days prior to the Special Record Date, to each affected Owner of record as of the close of business on the day prior to the mailing of such notice. 11. Ownership; Unclaimed Principal and Interest. The City, the Registrar and any other person may treat the person in whose name any Certificate is registered as the absolute Owner of such Certificate for the purpose of making payment of principal or interest on such Certificate, and for all other purposes, whether or not such Certificate is overdue, and neither the City nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Certificate in accordance with this Section 11 shall be valid and effectual and shall discharge the liability of the City and the Registrar upon such Certificate to the extent of the sums paid. Amounts held by the Paying Agent and/or Registrar which represent princi- pal of :and interest on the Certificates remaining unclaimed by the Owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Paying Agent and/or Registrar in accordance with the provisions of Title 6 of the Texas Property Code, as amended, to the extent that such provisions are applicable to such amounts. 12. Registration, Transfer, and Exchange. So long as any Certificates remain outstanding, the Registrar shall keep the Register at its principal corporate trust office and, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Certificates in accordance with -the terms of this Ordinance. Each Certificate shall be transferable only upon the presentation and surrender thereof at the principal corporate trust office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Certificate for transfer, the Registrar shall authenticate and deliver in exchange therefor, within three (3) business days after such presentation, a new Certificate or Certificates, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Certificate or Certificates so presented. All Certificates shall be exchangeable upon presentation and surrender thereof at the principal corporate trust office of the Registrar for a Certificate or Certificates of the same maturity and interest rate and in any authorized denomination, in an aggregate principal amount equal to the unpaid principal amount of the Certificate or Certificates presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Certificates in accord- ance with the provisions of this Section 12. Each Certificate delivered in accord- ance with this Section 12 shall be entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such Certificate is delivered. The City or the Registrar may require the Owner of any Certificate to pay a sum -sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Certificate. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the City. 13. Mutilated, Lost, or Stolen Certificates. Upon the presentation and surrender to the Registrar of a mutilated Certificate, the Registrar shall authenticate and deliver in exchange therefor a replacement Certificate of like 2 maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding. If any Certificate is lost, apparently destroyed, or wrongfully taken, the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Certificate has been acquired by a bona fide purchaser, shall execute and the Registrar shall authenticate and deliver a replacement Certificate of like amount, bearing a number not contemporaneously outstanding. The City or the Registrar may require the Owner of a mutilated Certificate to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses of the Registrar. The City or the Registrar may require the Owner of a lost, apparently destroyed or wrongfully taken Certificate, before any replacement Certificate is issued to: (1) furnish to the City and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Certificate; (2) furnish such security or indemnity as may be required by the Registrar and the City to save them harmless; (3) pay all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4) meet any other reasonable requirements of the City and the Registrar. If, after the delivery of such replacement Certificate, a bona fide purchaser of the original Certificate in lieu of which such replacement Certificate was issued presents for payment such original Certificate, the City and the Registrar shall be entitled to recover such replacement Certificate from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Certificate has become or is about to become due and payable, the City in its discretion may, instead of issuing a replacement Certificate, authorize the Registrar to pay such Certificate. Each replacement Certificate delivered in accordance with this Section 13 shall be entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such replacement Certificate is delivered. 14. Cancellation of Certificates. All Certificates paid in accordance with this Ordinance, and all Certificates in lieu of which exchange Certificates or replacement Certificates are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding such payment. The Registrar shall furnish the City with appropriate certificates of destruction of such Certificates. 15. Forms. The form of the Certificates, including the form of the Registrar's Authentication Certificate, the form of Assignment, and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas which shall be attached or affixed to the Certificates initially issued be, respectively, substantially as follows, with any such additions, deletions and varia- tions as may be necessary or desirable and not prohibited by this Ordinance: (Face of Certificate) UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND, TEXAS Combination Tax and Revenue Certificate of Obligation, Series 1988 DENOMINATION REGISTERED 3 INTEREST RATE: REGISTERED OWNER: PRINCIPAL AMOUNT: MATURITY DATE: ISSUE DATE: April 1, 1988 CUSIP: THE CITY OF PEARLAND, TEXAS (the "City"), promises to pay to the Registered Owner identified above, or registered assigns, on the date specified above, upon presentation and surrender of this certificate at the principal corporate trust office of MTrust Corp, National Association, Houston, Texas (the "Registrar"), the principal amount identified above, payable in any coin or currency of the United States of America which on the date of payment of such principal is legal tender for the payment of debts due the United States of America, and to pay interest thereon at the rate shown above, calculated on the basis of a 360 -day year of twelve 30 -day months, from the later of April 1, 1988, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this Certificate is payable by check on September 1, 1988, and semiannually thereafter on each March 1 and September 1, mailed to the registered owner as shown on the books of registration kept by the Registrar as of the 15th calendar date of the month next preceding each interest payment date or, at the request and at the risk and expense of the registered owner, in such other manner as may be acceptable to the registered owner and the Registrar. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS CERTIFICATE SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL HAVE THE SAME FORCE AMID EFFECT AS IF SET FORTH AT THIS PLACE. IN WITNESS WHEREOF, this Certificate has been signed with the manual or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Secretary of the City, and the official seal of the City has been duly impressed, or placed in facsimile, on this Certificate. (AUTHENTICATION CERTIFICATE) (SEAL) CITY OF PEARLAND, TEXAS Mayor City Secretary (Back Panel of Certificate) THIS CERTIFICATE is one of a duly authorized issue of Certificates of Obligation, aggregating $250,000 (the 'Certificates"), issued in accordance with the Constitution and laws of the State of Texas, particularly Sections 271.041-271.063, Texas Local Government Code, as amended, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of construction of public works including a final landfill cover; purchasing materials, supplies, equipment, machinery; and the cost of professional services incurred in connection therewith, pursuant to an ordinance duly adopted by the City Council of the City (the "Ordinance"), which Ordinance is of record in the official minutes of the City Council. THIS CERTIFICATE is transferable only upon presentation and surrender at the principal corporate trust office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his authorized representative, subject to the terms and conditions of the Ordinance. r THE CERTIFICATES are exchangeable at the principal corporate trust office of the Registrar for Certificates in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Ordinance. THIS CERTIFICATE shall not be valid or obligatory for any purpose or be entitled to any benefit under the Ordinance unless this Certificate either (i) is registered by the Comptroller of Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii) is authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. THE REGISTERED OWNER of this Certificate, by acceptance hereof, acknowledges and agrees to be bound by all the terms and conditions of the Ordinance. AV THE CITY has covenanted in the Ordinance that it will at all times provide a legally qualified registrar for the Certificates and will cause notice of any change of registrar to be mailed to each registered owner. IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, to exist and to be done precedent to or in the issuance and delivery of this Certificate have been performed, exist and have been done in accordance with. law; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied, within the limits prescribed by law, against all taxable property in the City. IT IS FURTHER certified, recited and represented that the revenues to be derived from the operation of the waterworks system of the City, after the payment of all operation and maintenance expenses thereof (the "Net Revenues"), are pledged to the payment of the principal of and interest on this Certificate and the series of Certificates of which it is a part to the extent that taxes may ever be insufficient or unavailable for said purpose; provided, however, that such pledge of Net Revenues is and shall be junior and subordinate in all respects to the pledge of such Net Revenues to the payment of any obligation of the City, whether authorized heretofore or hereafter, which the City designates as having a pledge senior to the pledge of such Net Revenues to the payment of this Certificate and the series of Certificates of which it is a part, and the City also reserves the right to issue, for any lawful purpose at any time, in one or more installments, bonds, certificates of obligation and other obligations of any kind payable in whole or in part from the Net Revenues of the waterworks system, secured by a pledge of the Net Revenues of the waterworks system that may be prior and superior in right to, on a parity with, or junior and subordinate to the pledge of Net Revenues securing this Certificate and the series of Certificates of which it is a part. Form of Registration Certificate of Comptroller of Public Accounts COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this certificate has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this certificate has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this xxxxxxxxxx Comptroller of Public Accounts (SEAL) of the State of Texas - Form of Registrar's Authentication Certificate AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has been de 1 ivered pursuant to the Ordinance described in the text of this Certificate, in exchange for or in rep 1 acement of a Cer- tificate, Certificates or a portion of a Certificate or Certificates of a Series which was originally approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. MTrust Corp, National Association, Houston, Texas B Authorized Signature Date of Authentication A Form of Assignment ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto Please print or type name, address, and zip code of Transferee Please insert Social Security or Taxpayer Identification Number of Transferee the within certificate and all rights thereunder, and hereby irrevocably constitutes r..-. and appoints ---- attorney to transfer said certificates on the books kept for registration thereof, with full power of substitution in the premises. DATED Signature Guaranteed: Registered Owner NOTICE: The signature above must correspond to the name of the registered owner as shown on the face of this certificate in every particular, without NOTICE: Signature must be any alteration, enlargement or change whatsoever. guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. 16. Legal Opinion; Cusip. The approving opinion of Vinson & Elkins, Houston, Texas, and CUSIP Numbers may be printed on the Certificates, but errors or omissions in the printing of such opinion or such numbers shall have no effect on the validity of the Certificates. 17. Interest - and -- Sinking Fund; Tax Levy. The proceeds from all taxes levied, assessed and collected for and on account of the Certificates authorized by r- this Ordinance shall be deposited, as collected, in a special fund to be designated "City of Pearland, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1988, Interest and Sinking Fund". While the Certificates or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby levied and there shall be annually levied, assessed and collected in due time, form and manner within the limits prescribed by law, and at the same time other City taxes are levied, assessed and collected, in each year, beginning with the current year, a continuing direct annual ad valorem tax upon all taxable property in said City sufficient to pay the current interest on said Certificates as the same becomes due, and to provide and maintain a sinking fund adequate to pay the principal of the Certificates as such principal matures but never less than two percent (2.0) of the original principal amount of the Certificates each year, full allowance being made for delinquencies and costs of collection, and said taxes when collected shall be applied to the payment of the interest on and principal of said Certificates and to no other purpose. In addition, interest accrued from the date of the Certificates until their delivery, and premium, if any, is to be deposited in such fund. To pay the interest coming due on the Bonds on September 1, 1988, there is hereby appropriated from current funds, which are hereby certified to be on hand and available for such purposes, an amount sufficient to pay such interest, and such amount shall be used for no other purpose. 18. Pledge of Revenues. The revenues to be derived from the operation of the waterworks system of the City, after the payment of all operation and maintenance expenses thereof (the "Net Revenues"), are hereby pledged to the payment of the principal of and interest on the Certificates as the same come due, to the extent that the taxes mentioned in Section 17 of this Ordinance may ever be insufficient or unavailable for said purpose; provided, however, that such pledge of such Net Revenues is and shall be junior and subordinate in all respects to the pledge of the Net Revenues to the payment of any obligation of the City, whether authorized hereto- fore or hereafter, which the City designates as having a pledge senior to the pledge of the Net Revenues to the payment of the Certificates, and the City also reserves the right to issue, for any lawful purpose at any time, in one or more installments, bonds, certificates of obligation and other obligations of any kind payable in whole or in part from the Net Revenues of the waterworks system, secured by a pledge of the Net Revenues of the waterworks system that may be prior and superior in right to, on a parity with, or junior and subordinate to the pledge of Net Revenues securing this series of Certificates. j 19. Further Proceedings. After the Certificates to be initially issued shall have been executed, it shall be the duty of the Mayor of the City to deliver the Certificates to be initially issued and all pertinent records and proceedings to the Attorney General of Texas, for examination and approval. After the Certificates to be initially issued shall have been approved by the Attorney General, they shall be delivered to the Comptroller of Public Accounts of the State of Texas for registration. Upon registration of the Certificates to be initially issued, the Comptroller of Public Accounts (or a deputy lawfully designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be affixed or attached to the Certificates to be initially issued, and the seal of said Comptroller shall be impressed, or placed in facsimile, thereon. 20. Sale. The sale of the Certificates to Underwood, Neuhaus & Co., Inc. (the "Purchaser" , at the price of $250,000 plus accrued interest on the Certificates to date of delivery, is hereby authorized, approved, ratified and confirmed, and the City Council hereby finds and determines that such price is the best reasonably obtainable by the City for the Certificates issued in accordance with this Ordinance. 21. Books -and Records. So long as any of the Certificates are outstanding the City covenants and agrees that it will keep proper books of record and account in which ful 1, true and correct entries wi 11 be made of al 1 deal ings, activities and transactions relating to the Certificates and the funds created pursuant to this Ordinance, and all books, documents and vouchers relating thereto shall at all reasonable times be made available for inspection upon request of any Owner. 22. Tax Exemption. The City covenants that it shall make such use of the proceeds of the Certificates, regulate investments of proceeds thereof and take such other and further actions as may be required by Sections 103 and 141-150 of the Internal Revenue Code of 1986 (the "Code") and all applicable temporary, proposed and final regulations and procedures promulgated thereunder or promulgated under the Internal Revenue Code of 1954, to the extent applicable to the Code ("Regulations"), necessary to assure that interest on the Certificates is excludable from gross income for federal income tax purposes. Without limiting the generality of the foregoing covenant, the City hereby covenants as follows: (a) The City will not use, nor permit to be used, more than 10 percent of the net proceeds of the Certificates in the trade or business of any person (other than use as a member of the general public) other than a governmental unit ("pri- vate -use proceeds"). For purposes of this Section, the term "net proceeds" means the proceeds derived from the sale of the Certificates, plus interest, earnings thereon, less any amounts deposited in a reasonably required reserve or replacement fund, the term "person" includes any individual, corporation, partnership, unincorporated association or any other entity capable of carrying on a trade or business; and the term "trade or business" means, with respect to any natural person, any activity regularly carried on for profit and, with respect to persons other than natural persons, means any activity other than an activity carried on by a governmental unit; (b) The City will not use, nor permit to be used, more than 5 percent of the net proceeds of the Certificates in the trade or business of any person other than a governmental unit if such use is unrelated to the governmental purpose of the Certificates. Further, the amount of private -use pro- ceeds of the Certificates ("excess private -use proceeds") will not exceed the proceeds of the Certificates expended for the governmental purpose of the Certificates to which such excess private -use proceeds relate; (c) Principal and interest on the Certificates will be paid solely out of ad valorem taxes received by the City and Net Revenues of the City's waterworks system. Further, no person using more than 10 percent of the net proceeds of the Certificates in a trade of business, other than a govern- mental unit, shall make payments (other than as a member of the general public), directly or indirectly, accounting for more than 10 percent of such principal and interest; (d) The City will not use, or permit to be used, an amount exceeding the lesser of (i) $5,000,000 or (ii) 5 percent of the net proceeds of the Certificates to finance loans to persons other than governmental units, directly or indirect- ly; (e) Based upon all facts and estimates now Down or reasonably expected to be in existence on the date the Certificates are delivered, the City reasonably expects that the proceeds of the Certificates will not be used in a manner that would cause the Certificates or any portion r— thereof to be an "arbitrage bond" within the meaning of Section 148 of the Code; (f) The City will monitor the yield on the investment of the proceeds of the Certificates and moneys pledged to the repayment of the Certificates and will restrict the yield on such investments to the extent required by the Code or the Regulations. Without limiting the generality of the fore- going, the City will take appropriate steps to restrict the yield on all proceeds of the Certificates on hand on a date that is three years from the date of delivery of the Certif- icates to a yield which is- not materially higher than the yield on the Certificates (in both cases calculated in accordance with the Code and Regulations); (g) The City will not cause the Certificates to be treated as "federally guaranteed" obligations for purposes of Section 149(b) of the Code (as may modified in any appli- cable rules, rulings, policies, procedures, regulations or other official statements promulgated or proposed by the Department of the Treasury or the Internal Revenue Service with respect to "federally guaranteed" obligations described in Section 149(b) of the Code); and (h) The City will take all necessary steps to comply with the requirement that "excess arbitrage profits" earned on the investment of the "gross proceeds" of the Certificates (within the meaning of Section 148(f)(6)(B) of the Code), if any, be rebated to the federal government. Specifically, the City will (i) maintain records regarding the investment of the gross proceeds of the Certificates as may be required to calculate such "excess arbitrage profits" separately from records of amounts on deposit in the funds and accounts of the City allocable to other certificate issues of the City or moneys which do not represent gross proceeds of any certificate of the City, (ii) calculate, not less often than annually, the amount of "excess arbitrage profits," if any, earned from the investment of the gross proceeds of the Certificates and (iii) pay, not less often than every fifth anniversary date of the delivery of the Certificates, all amounts required to be rebated to the federal government. Further, the City will not indirectly pay any amount other- wise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Certificates that might result in a "prohibited payment" within the meaning of Temp. Treas. Reg. 1.103-15AT. (i) The City will timely file a statement with the federal P.—W government setting forth the information required pursuant to Section 149(e) of the Code. All officers, employees and agents of the City are authorized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the City regarding the foregoing as of the date the Certificates are delivered. In complying with the foregoing covenants, the City may rely from time to time upon an opinion issued by nationally -recognized bond counsel to the effect that any action by the City in reliance upon any interpretation of the Code or Regulations contained in such opinion will not cause interest on the Certificates to be includable in gross income for federal income tax purposes under existing law. 23. Qualified -- Tax -Exempt Obligations. The City hereby designates the 0 Certificates as "qualified tax-exempt obligations" as that term is used in Section 265(b) of the Code. It is hereby found, determined and represented that the City and all entities subordinate to the City have not issued tax-exempt obligations (excluding obligations which are "private activity bonds" within the meaning of Section 141 of the Code other than a "qualified 501(c)(3) bond" within the meaning of Section 145 of the Code) during calendar year 1988 with an aggregate principal amount of more than $10,000,000, including the Certificates, and that the aggregate amount of tax-exempt obligations (excluding obligations which are "private activity bonds" within the meaning of Section 141 of the Code other than a "qualified 501 (c)(3) bond" within the meaning of Section 145 of the Code), including the Certificates, reasonably anticipated to be issued by the City and all entities subordinate to the City during calendar year 1988 will not exceed $10,000,000. 24. Rebate Exception. It is hereby found and determined by the City Council of the City that the City will use at least 95% of the net proceeds of the Certificates for local government activities of the City (including governmental units the jurisdiction of which is entirely within the jurisdiction of the City) and reasonably expects that the aggregate amount of all tax --exempt obligations (other than "private activity bonds" within the meaning of Section 141 of the Code) during calendar year 1988 will not exceed $5,000,000. Accordingly, the City expects to qualify for an exception to the requirements of Section 148(f) of the Code relating to the required rebate to the United States. If the City does not qualify for such exception, the City has covenanted in this Ordinance that it will take all necessary steps to comply with the requirement that "rebatable arbitrage earnings" on the investment of the "gross proceeds" of the Certificates within the meaning of Section 148(f) of the Code, if any, be rebated to the federal government. 25. Emergency; Open Meeting. It is hereby officially found and determined that an emergency exists relating to the immediate preservation of the public peace, health, safety and welfare, because of the proceeds from the sale of the Certificates are required as soon as possible for necessary and urgently needed improvements; that such emergency requires the adoption of this Ordinance and the holding of the meeting, or meetings, at which this Ordinance is adopted at the time or times and place held; the meeting, or meetings, at which this Ordinance was adopted was or were open to the public, and public notice of the time, place and purpose of said meeting, or meetings, was given, all as required by Vernon's Ann. Tex. Civ. Stat. Article 6252-17, as amended; and that such notice or notices as given are hereby authorized, approved, adopted and ratified. 26. Effective Date. This Ordinance shall be in force and effect from and after its final passage, and it is so ordered. 27. Registrar. The form of agreement setting forth the duties of the Registrar is hereby approved, and the appropriate officials of the City are hereby authorized to execute such agreement for and on behalf of the City. PASSED and APPROVED on first and only required reading as an emergency ordinance pursuant to Section 3.10 of the City Charter on this 14th day of March, 1988. ATTEST: City Secretary • ;�� 31U i7:iu City Attorney Mayor a RE90LVTIDfii IND. R88--10, A RE901 ON CITY MANAGER TO SUBMIT COMPUTER AIM DISPATCH GRANT APPLICATION THROUGH HOUSTON-GALVESTON AREA COUNCIL TO THE CRIMINAL JUSTICE DIVISION City, Manager Ron Wicker explained that the actual application for this Handing has already been submitted to H -GAC and passage of this Resolution would authorize the City Manager to submit a computer aided dispatch grant application through H --GAC to the Criminal Justice Division. This grant would provide computer equipment in police vehicles. Mr. Wicker said he was not optimistic about receiving the grant; but he felt it is important to keep this going so that when funds are available, we will be first in line. Resolution No. R88-10 was read in its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Resolution No. R88-10 be passed on the first and only reading. Said Resolution No. R88-10 reads in caption as follows: 11 EEn11 ION AD. 888-10 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT COMPUTER AIDED DISPATCH GRANT APPLICATION THROUGH HOUSTON-GALVESTON AREA COUNCIL TO THE CRIMINAL JUSTICE DMSION. Voting "Aye" - Councilmembers Roberts, Bost, Tetens, Frauenberger and Wolff. Voting "No" - None. Motion passed 5 to 0. AWARD OR REWWON OF BID NO. B88-5, SURFACE PWARATIONt CIEAKM, RESURFACING, AND WATER TREATMENT NP OF PARK SVR4C[ 1G POOL AND WADING POOL Council reviewed the following bids: COMPANY LUMP SUM BID BID BOND WATTS POOL COMPANY $36,770.00 YES QUALITY POOL SERVICES 28,644.00 NO Assistant City Manager Don Birkner explained that this is the second time we have gone out for bids on this project. The first time we did not receive any bids. We then rebid with less restrictions on the bonding requirements. We received two bids, with only one meeting the requirements. We would recommend, Mr. Birkner said, award of bid to Watts Pool Company in the amount of $35,230.00 which would not include the resurfacing of the children's wading pool. This amount is $5,230.00 more than we have budgeted but we believe we can find funds in other areas of the Parks Department's budget to Hand this project. In Council discussion with Staff, it was brought out that the condition of the large pool was such that the resurfacing needed to be done this year and it was pointed out that we didn't receive more bids because most of the pool companies told us our bonding requirements were too stringent. City Manager Wicker said he felt that the bid bond, insurance and one-year maintenance bond were all important requirements to have. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Bid No. B88-5 be awarded to Watts Pool Company in the amount of $36,770.00, which included the children's pool, and payment be made from the appropriate funds. In answer to question by Council, City Manager Wicker stated be believed the Parks Department's budget could be re -adjusted for the difference in the amount. Motion passed 5 to 0. i so APPROVAL OF INVOICE NO. 1, BERNARD JOHNSON INCORPORATED, FOR PEARLAND FACILITIES PLAN, IN THE AM()UNT OF $13,110.00 It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice No. 1 from Bernard Johnson Incorporated for the Pearland Facilities Plan in the amount of $13,110.00 be approved and payment made from the appropriate funds. Motion passed 4 to 1. Councilmember Wolff voted against. APPOINTMENT OF ALTERNATE BOARD MEMBERS TO ZONING BOARD OF ADJUSTMENT Mayor Reid advised that this item would be passed until after Executive Session. AUTHORIZATION FOR MAYOR TO EXECUTE AN INTERLOCAL ACS WITH BRAZORIA COUNTY FUR THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND/OR REPAIR OF CERTAIN STREETS LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY City Manager Wicker informed that Commissioner Billy Joe Plaster's precinct crews have begun work on resurfacing some streets within our City. Hopefully, when completed, about five to six miles of roads in our City will be resurfaced. All the City has to do is provide the hot mix material and the County will do the work. City Attorney Luke Daniel advised that Council had previously adopted by Minute Order the basis of this interlocal agreement and action tonight would authorize the Mayor to sign the agreement. It was moved by Councilmember Frauenberger, seconded by Councilmember Wolff, that the Mayor be authorized to execute an interlocal agreement with Brazoria County for the construction, improvement, maintenance, and/or repair of certain streets located within the corporate limits of the City of Pearland. Motion passed 5 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 9:14 P.M., UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Reid read, from the posted agenda, the topics to be discussed in Executive Session. MEETING RETURNED TO OPEN SESSION AT 10:26 P.M. Mayor Reid read the following items which were discussed in Executive Session and signed a certification to that effect: UNDER SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: The City Attorney briefed Council on MECA v. B. M. Jamison et ux. UNDER SUBSECTION (g) PERSONNEL - (1) There was a discussion amongst the Council on replacement of board member on M.U.D. 16 to fill vacancy created by resignation of William Wolff; (2) Council discussed appointment of alternates to Zoning Board of Adjustment; (3) Discussion with Staff concerning City Department Head, and (4) The Council discussed amongst themselves a Council Appointee. NEW BUSINESS (CONTINUED) APPOINTMENT OF ALTERNATE BOARD MEMBERS TO ZONING BOARD OF ADJUSTMENT It was moved by Councilmember Roberts, seconded by Councilmember Frauenberger, that James Sudela, 2426 Parkview, be appointed as an alternate board member to the Zoning Board of Adjustment. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Bertram Balzer, 2215 Willow, be appointed as an alternate board member to the Zoning Board of Adjustment. Motion passed 5 to 0. The meeting adjourned at 10:31 P.M. Minutes approved as submitted and/or corrected this q9 day of A. D., 1988. ATTEST: xt 7' City Sdbretary r— 11