1986-03-10 CITY COUNCIL REGULAR MEETING MINUTES909
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON MARCH 10, 1986, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND,
TEXAS
The meeting was called to order with the following present:
Mayor Tom Reid
Councilman/Mayor Pro Tem James Bost
Councilman Terry Gray
Councilman Dennis Frauenberger
Councilman Richard Tetens
Councilman Al Lentz
City Manager Ronald J. Wicker
City Attorney Luke. L. Daniel
City Secretary Kay Krouse
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilman/Mayor Pro Tem James Bost. The Pledge of
Allegiance was led by Councilman Dennis Frauenberger.
SEALED BIDS FOR THE PURCHASE OF $4,500,000 CITY OF PEARLAND PUBLIC IMPROVEMENT BONDS,
SERIES 1986
Bids opened and tabulated as follows:
UNDERWRITERS NAME TOTAL INTEREST COST AVERAGE INTEREST RATE
INTERFIRST BANK OF DALLAS $ 3,961,162.50 7.2815
REPUBLIC BANK OF DALLAS 3,784,881.25 6.9575
CONTINENTAL BANK OF CHICAGO 3,834,020.83 7.0475
COWEN & COMPANY OF HOUSTON 3,788,152.09 6.9635
UNDERWOOD, NEUHAUS & COMPANY 3,822,321.87 7.0263
SHEARSON/LEHMAN BROS, INC. OF DALLAS 3,771.442.72 6.9327
PRUDENTIAL BACHE SECURITIES, INC. 3,858,776.04 7.0933
RAUSCHER PIERCE REFSNES, INC. 3,874,350.00 7.1219
It was moved by Councilman Lentz, seconded by Councilman Bost, that the bids be
officially received into the records of the City and that these bids be referred to
Frank Ildebrando, Fiscal Agent, for tabulation and recommendation later in the
meeting.
Motion passed 5 to 0.
209
APPROVAL OF MINUTES
It was moved by Councilman Bost, seconded by Councilman Tetens, that the Minutes of
the Regular Meeting of February 24, 1986, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT: None
COUNCIL ACTIVITY REPORT: None
DEPARTMENTAL REPORTS: None
CHANGE IN THE ORDER OF BUSINESS:
NEW BUSINESS:
BID NO. B86-7, RESCUE VEHICLE
Council reviewed the following bids:
VENDOR MAKE PRICE DELIVERY DATE
EASTERN RESCUE VEHICLE SERVICE EASTERN RESCUE EC1702 $109,868.00 80-100 DAYS
RIGGS FIRST LINE EQUIPMENT RIGGS 118,423.00 60-90 DAYS
City Manager Ron Wicker explained that this item had been rebid and this time -we
received two bids. He, as well as the Fire Department, would recommend award to the
low bidder, Eastern Rescue Vehicle Service.
It was moved by Councilman Bost, seconded by Councilman Frauenberger, that Bid No.
B86-7, Heavy Duty Rescue Vehicle, be awarded to Eastern Rescue Vehicle Service, in
the amount of $109,868.00 with delivery date within 100 working days.
Motion passed 5 to 0.
AUTHORIZATION FOR MAYOR TO EXECUTE LEASE PURCHASE AGREEMENT WITH PEARLAND STATE BANK
FOR FIRE TRUCK
It was moved by Councilman Gray, seconded by Councilman Lentz, that the Mayor be
authorized to execute a Lease Purchase Agreement with Pearland State Bank for Fire
Truck.
Motion passed 5 to 0.
CITIZENS
1. Terry Paris, P. O. Box 708, Friendswood. Mr. Paris appeared before Council
with a request that they reconsider the General Business zoning along Dixie Farm
Road. He owns property on C. R. 127, off Dixie Farm, and has been making plans to
build his residence there. He suggested that Council consider having .the GB zoning
just 500 feet deep instead of the 1,000 feet as shown on the proposed map.
i" NEW BUSINESS (Continued)
FISCAL AGENT'S RECOMMENDATION ON AWARD OF BID FOR SALE OF $4,500,000 PUBLIC
IMPROVEMENT BONDS, SERIES 1986
Mr. Frank Ildebrando of Underwood, Neuhaus & Company, Inc. recommended the City award
the bid for the sale of $4,500,000 in Public Improvement Bonds to Shearson/Lehman
Brothers, Inc., who have met all the bid requirements, with the Net Effective
Interest Rate of 6.932799%.
It was moved by Councilman Bost, seconded by Councilman Tetens, that the City award
the bid for sale of $4,500,000 Public Improvement Bonds, Series 1986, to
Shearson/Lehman Brothers, Inc., with Net Interest Cost of $3,771,442.72 and Net
210
Effective Interest Rate of 6.9327%.
Motion passed 5 to 0.
ORDINANCE NO. 510, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $4,500,000 PUBLIC
IMPROVEMENT BONDS, SERIES 1986 AND DECLARING AN EMERGENCY.
Ordinance No. 510 read in caption by City Attorney Luke Daniel. (First and Only
Reading)
It was moved by Councilman Gray, seconded by Councilman Frauenberger, that Ordinance
No. 510 be passed and approved on the first and only reading.
Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman
Frauenberger, and Councilman Gray.
Voting "No" - None.
Motion passed 5 to 0.
Certificate and Ordinance No. 510, as adopted, reads as follows:
CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS X
COUNTIES OF BRAZORIA AND HARRIS X
CITY OF PEARLAND X
We, the undersigned officers of the CITY OF PEARLAND, TEXAS (the "City"), hereby
certify as follows:
1. The City Council of the City convened in regular meeting on the 10th day of
March, 1986, 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 and the City
Secretary, to -wit:
Tom Reid Mayor
James E. Bost Mayor Pro Tem
D.ennis M. Frauenberger Councilman
Terry Gray Councilman
Alfred E. Lentz Councilman
Richard F. Tetens Councilman
Kay Krouse City Secretary
and all of said persons were present, except the following absentees: _
, thus constituting a quorum. Whereupon,
business, the following was transacted at said meeting: a written
among other
ORDINANCE AUTHORIZING THE ISSUANCE OF $4,500,000 CITY OF
PEARLAND, TEXAS, PUBLIC IMPROVEMENT BONDS, SERIES 1986; AND
DECLARING THAT A SPECIFIC AND IMMEDIATE PUBLIC EMERGENCY EXISTS
IN THAT PROCEEDS OF SALE OF SUCH BONDS ARE REQUIRED AS SOON AS
POSSIBLE TO ACCOMPLISH THE BOND PURPOSES FOR PROTECTION OF
LIFE, HEALTH, PROPERTY AND THE PUBLIC PEACE WITHIN THE CITY
(the "Ordinance") was duly introduced for the consideration of the City Council and
read in full. It was then duly moved and seconded that .the 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 the City Council shown present above
voted "Aye".
NAYS: None.
2. That a true, full and correct copy of the 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 member's of the City Council as
211
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 subject 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 such 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
Article 6252-17, as amended.
SIGNED AND SEALED this 10th day of March, 1986.
/S/ Kay Krouse
City Secretary
(SEAL)
/s/ Tom Reid
Mayor
ORDINANCE NO. 510
ORDINANCE AUTHORIZING THE ISSUANCE OF $4,500,000
CITY OF PEARLAND, TEXAS, PUBLIC IMPROVEMENT BONDS,
SERIES 1986; AND DECLARING THAT A SPECIFIC AND
IMMEDIATE PUBLIC EMERGENCY EXISTS IN THAT PROCEEDS OF
SALE OF SUCH BONDS ARE REQUIRED AS SOON AS POSSIBLE TO
ACCOMPLISH THE BOND PURPOSES FOR PROTECTION OF LIFE,
HEALTH, PROPERTY AND THE PUBLIC PEACE WITHIN THE CITY
THE STATE OF TEXAS X
COUNTIES OF BRAZORIA AND HARRIS X
CITY OF PEARLAND X
WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an
election held in the City on the 15th day of September, 1984; and
WHEREAS, the City Council of the City has and does hereby determine that bonds
in the amount of $4,500,000, as a portion and the second installment of the
$13,500,000 bonds voted at said election, should now be issued and delivered in order
to accomplish the purposes for which they were voted, $5,000,000 bonds of said voted
authorization having been heretofore issued, sold, and delivered, and the City
reserving the right to issue the remainder of the bonds authorized at such election
at a later time; Now, Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
ARTICLE I
DEFINITIONS AND INTERPRETATIONS
Section 1.1: Definitions. Throughout this ordinance the following terms and
expressions as used herein shall have the meanings set forth below:
The term"Bond" or "Bonds" shall mean any bond or all bonds, as the case may be,
of the Public Improvements Bonds, Series 1986, authorized in this Ordinance, unless
the context clearly indicates otherwise.
The term "City" shall mean the City of Pearland, Texas.
The term "Construction Fund" shall mean the construction fund established by the
City pursuant to Article VI of this Ordinance.
The term "Interest and Sinking Fund" shall mean the interest and sinking fund
established by the.City pursuant to Section 5.1 of this Ordinance.
The term "Interest Payment Date", when used in connection with any Bond, shall
mean September 1, 1986, and each March 1 and September 1 thereafter until maturity or
earlier redemption, of such Bond.
The term "Ordinance" as used herein and in the Bonds shall mean this ordinance
authorizing the Bonds.
The term "Owner" shall mean any person who shall be the registered owner of any
91 r)
outstanding Bonds.
The term "Paying Agent" shall mean the Registrar.
The term "Record Date" shall mean, for any Interest Payment Date, the 15th
calendar date 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 the First City National Bank of Houston,
Houston, Texas, and its successors in that capacity.
Section 1.2: Interpretations. All definitions of terms used herein and all
pronouns used in this Ordinance shall be deemed to apply equally to singular and
plural and to all genders. The titles and headings of the articles and sections of
this Ordinance have been inserted for convenience of reference only and are not to be
considered a part hereof and shall not in any way modify or restrict any of the terms
or provisions hereof. This Ordinance and all the terms and provisions hereof shall
be liberally construed to effectuate the purposes set forth herein.
ARTICLE II
TERMS OF THE BONDS
Section 2.1: Purpose and Amount. The Bonds shall be issued in fully registered
form, without coupons, in the total authorized aggregate amount of Four Million Five
Hundred Thousand Dollars ($4,500,000) for the purpose of providing $500,000 FOR THE
CONSTRUCTION AND IMPROVEMENT OF THE ROADS, BRIDGES, AND STREETS OF THE CITY,
$2,000,000 FOR CONSTRUCTING IMPROVEMENTS AND EXTENSIONS TO THE SANITARY SEWER SYSTEM
OF THE CITY, AND $2,000,000 FOR CONSTRUCTING AND PERMANENTLY EQUIPPING A NEW CITY
HALL BUILDING FOR THE CITY.
Section 2.2: Designation, Date, and Interest. The Bonds shall be designated as
the "CITY OF PEARLAND, TEXAS, PUBLIC IMPROVEMENT BONDS, SERIES 1986", and shall be
dated April 1, 1986. The Bonds shall bear interest from the later of April 1, 1986,
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, 1986, and semiannually thereafter on March 1 and
September 1 of each year until maturity or prior redemption.
Section 2.3: Numbers, Denomination, Interest Rates and Maturities. The Bonds
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
exchanged as set out in this Ordinance. The Bonds shall mature, subject to prior
redemption in accordance with this Ordinance, on March 1 in each of the years and in
the amounts set out in such schedule. Bonds delivered in transfer of or in exchange
for other Bonds 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 Bond or Bonds in
lieu of which they are delivered.
Bond
Principal
Interest
Number
Year
Amount
Rate
R- 1
1987
$ 50,000
8.50%
R- 2
1988
50,000
8.50%
R- 3
1989
75,000
8.50%
R- 4
1990
75,000
8.50%
R- 5
1991
100,000
8.50%
R- 6
1992
125,000
8.50%
R- 7
1993
125,000
8.50%
R- 8
1994
150,000
8.50%
R- 9
1995
175,000
8.50%
R-10
1996
300,000
8.50%
R-11
1997
425,000
6.50%
R-12
1998
450,000
6.60%
R-13
1999
450,000
6.60%
R-14
2000
475,000
6.70%
R-15
2001
475,000
6.75%
R-16
2002
500,000
6.80%
R-17
2003
500,000
6.50%
213
Section 2.4: Execution of Bonds. The Bonds shall 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 Bonds
shall have the same effect as if each of the Bonds had been signed manually and in
person by each of said officers, and such facsimile seal on the Bonds shall have the
same effect as if the official seal of the City had been manually impressed upon each
of the Bonds. If any officer of the City whose manual or facsimile signature shall
appear on the Bonds shall cease to be such officer before the authentication of such
Bonds or before the delivery of such Bonds, such manual or facsimile signature shall
nevertheless be valid and sufficient for all purposes as if such officer had remained
in such office.
Section 2.5: Authentication. Only such Bonds as shall bear thereon either (i)
the manually executed registration certificate of the Comptroller of Public Accounts
of Texas substantially in the form provided in Section 4.2 of this Ordinance or (ii)
a certificate of authentication, substantially in the form provided in Section 4.3 of
this Ordinance, manually executed by an authorized officer 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 Bond so authenticated was delivered by the Registrar hereunder.
Section 2.6: Medium and Place of Payment. The Registrar is hereby appointed as
the Paying Agent for the Bonds. The principal of the Bonds 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, whether at maturity or by prior redemption, at the principal
corporate trust office of the Registrar. The interest on each Bond shall be payable
by check or draft 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.
Section 2.7: Ownership. The City, the Registrar and any other person may treat
the person in whose name any Bond is registered as the absolute owner of such Bond
for the purpose of making and receiving payment of the principal thereof and for the
further purpose of making and receiving payment of the interest thereon, and for all
other purposes, whether or not such Bond 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 Bond in accordance with this Section
2.7 shall be valid and effectual and shall discharge the liability of the City and
the Registrar upon such Bond to the extent of the sums paid.
Section 2.8: Registration, Transfer and Exchange. So long as any Bonds remain
outstanding, the Registrar shall keep the Register at its principal corporate trust
office in which, subject to such reasonable regulations as it may prescribe, the
Registrar shall provide for the registration and transfer of Bonds in accordance with
the terms of this Ordinance.
Each Bond 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 Bond for transfer, the Registrar shall authenticate and deliver
in exchange therefor, within 72 hours after such presentation, a new Bond or Bonds,
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 Bond or Bonds so presented.
All Bonds shall be exchangeable upon presentation and surrender thereof at the
principal corporate trust office of the Registrar for a Bond or Bonds 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 Bond or Bonds presented
for exchange. The Registrar shall be and is hereby authorized to authenticate and
deliver exchange Bonds in accordance with the provisions of this Section 2.8. Each
Bond delivered in accordance with this Section 2.8 shall be entitled to the benefits
and security of this Ordinance to the same extent as the Bond or Bonds in lieu of
which such Bond is delivered.
The City or the Registrar may require the Owner of any Bond 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 Bond. Any fee or charge of the
Registrar for such transfer or exchange shall be paid by the City.
214
The Registrar shall not be required to. transfer or exchange any Bond during a
period beginning at the opening of business fifteen (15) calendar days prior to the
first mailing of a notice of redemption of Bonds and ending at the close of business
on the day of such mailing.
Section 2.9: Cancellation. All Bonds paid or redeemed in accordance with this
Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are
authenticated and delivered in accordance herewith, shall be cancelled.and destroyed
upon the making of proper records regarding such payment or redemption. The
Registrar shall furnish the City with appropriate certificates of destruction of such
Bonds.
Section 2.10: Replacement Bonds. Upon the presentation and surrender to the
Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in
exchange therefor a replacement Bond of like maturity, interest rate and principal
amount, bearing a number not contemporaneously outstanding. The City or the
Registrar may require the Owner of such Bond to pay a sum sufficient to cover any tax
or other governmental charge that may be imposed in connection therewith and any
other expenses connected therewith, including the fees and expenses of the Registrar.
If any Bond 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 of
knowledge that such Bond has been acquired by a bona fide purchaser, shall execute
and the Registrar shall authenticate and deliver a replacement Bond of like maturity,
interest rate and principal amount, bearing a number not contemporaneously outstand-
ing, provided that the Owner thereof shall have:
(a) furnished to the City and the Registrar satisfactory evidence of the
ownership of and the circumstances of.the loss, destruction or theft of such
Bond;
(b) furnished such security or indemnity as may be required by the
Registrar and the City to save them harmless;
(c) paid 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
(d) met any other reasonable requirements of the City and the Registrar.
If, after the delivery of such replacement Bond, a bona fide purchaser of the
original Bond in lieu of.which such replacement Bond was issued presents for payment
such original Bond, the City and the Registrar shall be entitled to recover such
replacement Bond 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 Bond has
become or is about to become due and payable, the City in its discretion may, instead
of issuing a replacement Bond, authorize the Registrar to pay such Bond.
Each replacement Bond delivered in accordance with this Section 2.10 shall be
entitled to the benefits and security of this Ordinance to the same extent as the
Bond or Bonds in lieu of which such replacement Bond is delivered.
ARTICLE III
OPTION OF PRIOR REDEMPTION
Section 3.1: Optional Redemption. The City reserves the right, at its option,
to redeem prior to maturity the Bonds maturing on or after March 1, 1998, in whole or
from time to time in part, on March 1, 1997, or on any Interest Payment Date
thereafter at par plus accrued interest on the Bonds called for redemption to the
date fixed for redemption. If less than all of the Bonds are redeemed within a
stated maturity at any time, the Bonds to be redeemed shall be selected by the City.
Section 3.2: Partial Redemption. Principal amounts may be redeemed only in
integral multiples of $5,000. If a Bond subject to redemption is in a denomination
larger than $5,000, a portion of such Bond may be redeemed, but only in integral
multiples of $5,000. Upon surrender of any Bond for redemption in part, the
Registrar, in accordance with Section 2.8 hereof, shall authenticate and deliver in
exchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate
215
principal amount equal to the unredeemed portion of the Bond so surrendered.
Section 3.3: Notice of Redemption. Notice of any redemption identifying the
Bonds to be redeemed in whole or in part shall be given by the Registrar at least
thirty days prior to the date fixed for redemption by (i) sending written notice by
certified mail to the Owner of each Bond to be redeemed in whole or in part at the
address shown on the Register and (ii) publication one time in a financial journal or
publication published in the City of New York, New York, or in the City of Austin,
Texas. Such notices shall state the redemption date, the amount of accrued interest
payable on the redemption date, the place at which Bonds are to be surrendered for
payment and, if less than all Bonds outstanding are to be redeemed, the numbers of
the Bonds or portions thereof to be redeemed. Any notice given as provided in this
Section 3.3 shall be conclusively presumed to have been duly given, whether or not
the Owner receives such notice. By the date fixed for redemption, due provision
shall be made with the Registrar for payment of the redemption price of the Bonds or
portions thereof to be redeemed, plus accrued interest to the date fixed for
redemption. When Bonds have been called for redemption in whole or in part and due
provision has been made to redeem same as herein provided, the Bonds or portions
thereof so redeemed shall no longer be regarded as outstanding except for the purpose
of receiving payment solely from the funds so provided for redemption, and the rights
of the Owners to collect interest which would otherwise accrue after the redemption
date on any Bond or portion thereof called for redemption shall terminate on the date
fixed for redemption.
ARTICLE IV
FORM OF BONDS AND CERTIFICATES
Section 4.1: Form of Bonds. The Bonds shall be in substantially the following
form, with such additions, deletions and variations as may be necessary or desirable
and permitted by this Ordinance:
NUMBER
R -
REGISTERED
INTEREST RATE:
REGISTERED OWNER:
PRINCIPAL AMOUNT:
(Face of Bond)
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND, TEXAS
PUBLIC IMPROVEMENT BOND, SERIES 1986
MATURITY DATE: ISSUE DATE:
APRIL 1, 1986
DENOMINATION
REGISTERED
CUSIP NO.
DOLLARS
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 presenta-
tion and surrender of this bond at the principal corporate trust office of the FIRST
CITY NATIONAL BANK OF HOUSTON, 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, 1986, or the most recent interest payment date to which interest
has been paid or duly provided for. Interest on this bond is payable by check or
draft payable on September 1, 1986 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.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE
REVERSE HEREOF, WHICH PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH
AT THIS PLACE.
IN WITNESS WHEREOF, this bond has been signed with the manual or facsimile
21..6.
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 bond.
(AUTHENTICATION CERTIFICATE) (SEAL) CITY OF PEARLAND, TEXAS
Mayor
City Secretary
(Back Panel of Bond)
THIS BOND is one of a duly authorized issue of Bonds, aggregating $4,500,000
(the "Bonds"), issued for the purpose of providing $500,000 FOR THE CONSTRUCTION AND
IMPROVEMENT OF THE ROADS, BRIDGES, AND STREETS OF THE CITY, $2,000,000 FOR.CONSTRUCT-
ING IMPROVEMENTS AND EXTENSIONS TO THE SANITARY SEWER SYSTEM OF THE CITY, AND
$2,000,000 FOR CONSTRUCTING AND PERMANENTLY EQUIPPING A NEW CITY HALL BUILDING FOR
THE CITY, and pursuant to an ordinance adopted by the City Council on March 10, 1986
(the "Ordinance").
THE CITY RESERVES THE RIGHT, at its option, to redeem the.Bonds maturing on or
after March 1, 1998, prior to their scheduled maturities, in whole or from time to
time in part, in integral multiples of $5,000, on March 1, 1997, or on any interest
payment date thereafter at par plus accrued interest on the principal amounts called
for redemption to the date fixed for redemption. Reference is made to the Ordinance
for complete details concerning the manner of redeeming the Bonds.
NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior to the
date fixed for redemption by certified mail, addressed to the registered owners of
each Bond to be redeemed in whole or in part at the address shown on the books of the
registration kept by the Registrar and by publication once in a financial journal or
publication published in the City of New York, New York, or in the City of Austin,
Texas. When Bonds or portions thereof have been called for redemption, and due
provision has been made to redeem the same, the principal amounts so redeemed shall
be payable solely from the funds provided for redemption, and interest which would
otherwise accrue on the amounts called for redemption shall terminate on the date
fixed for redemption.
THIS BOND 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.
THE BONDS ARE EXCHANGEABLE at the principal corporate trust office of the
Registrar for Bonds in the principal amount of $5,000 or any integral multiple
thereof, subject to the terms and conditions of the Ordinance.
THE REGISTRAR SHALL NOT BE REQUIRED to transfer or exchange any Bond during a
period beginning at the opening of business fifteen (15) calendar days prior to the
first mailing of a notice of redemption of Bonds and ending at the close of business
on the day of such mailing.
THIS BOND SHALL NOT BE valid or obligatory for any purpose or be entitled to any
benefit under the Ordinance unless this Bond either (i) is registered by the
Comptroller of Public Accounts of the State of Texas by registration certificate
endorsed hereon or (ii) is authenticated by the Registrar by due execution of the
authentication certificate endorsed hereon.
IT IS HEREBY CERTIFIED, RECITED AND COVENANTED that this Bond 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 Bond 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 Bond, as such interest comes due and such principal
matures, have been levied and ordered to be levied against all taxable property in
the City within the limits prescribed by the Constitution and laws of the State of
Texas, and have been pledged irrevocably for such payment.
Section 4.2: Registration of Bonds by State Comptroller. Bonds No. R-1 through
R-17 shall be registered by the Comptroller of Public Accounts of the State of Texas,
as provided by law. The registration certificate of the Comptroller of Public
217
Accounts shall be printed on Bonds R-1 through R-17 and shall be substantially the
following form:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I HEREBY CERTIFY that this bond has been examined, certified as to validity, and
approved by the Attorney General of the State of Texas, and that this bond has been
registered by the Comptroller of Public Accounts of the State of Texas.
WITNESS MY SIGNATURE AND SEAL this
xxxxxxxxx
Comptroller of Public Accounts
(SEAL) of the State of Texas
Section 4.3: Form of Authentication Certificate. The following form of
authentication certificate shall be printed on the face of each of the Bonds:
Registration Date:
AUTHENTICATION CERTIFICATE
This bond is one of the bonds
described in and delivered
pursuant to the within -mentioned
Ordinance.
FIRST CITY NATIONAL BANK OF HOUSTON
Houston, Texas
By
Authorized Officer
Section 4.4: Form of Assignment. The following form of assignment shall be
printed on the back of each of the Bonds:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto
(print or typewrite name, address, and zip code of transferee):
(Social Security or other identifying
number: ) the within bond and all rights thereunder, and
hereby irrevocably constitutes and appoints
attorney to transfer said bond on the books kept for registration thereof, with full
power of substitution in the premises.
DATED:
Signature Guaranteed:
Registered Owner
NOTICE: The signature on this
assignment must correspond with
the name of the registered
owner as it appears on the face
of the within bond in every
particular.
Section 4.5: Opinion and CUSIP Numbers. The approving opinion of Vinson &
Elkins, Houston, Texas, and CUSIP Numbers may be printed on the Bonds, but errors or
omissions in the printing of such opinion or such numbers shall have no effect on the
validity of the Bonds.
ARTICLE V
SECURITY AND SOURCE OF PAYMENT FOR BONDS
Section 5.1: Interest and Sinking Fund. The proceeds from all taxes levied,
assessed and collected for and on account of the Bonds authorized by this Ordinance
shall be deposited, as collected, in a special fund to be designated "City of
Pearland, Texas, Public Improvement Bonds, Series 1986, Interest and Sinking Fund".
While said Bonds 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,• 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 Bonds as the same becomes due,
and to provide and maintain a sinking fund adequate to pay the principal of the Bonds
as such principal matures but never less than two per cent (2%) of the original
principal amount of the Bonds 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 Bonds and to no other purpose. In
addition, interest accrued from the date of the Bonds until their delivery, and
premium if any, is to be deposited in such fund.
Section 5.2: Investment of Interest and Sinking Fund. Money in the Interest
and Sinking Fund may, at the option of the City, be invested in time deposits or
certificates of deposit secured in the manner required by law for public funds, or be
invested in direct obligations of, or obligations the principal of and interest on
which are unconditionally guaranteed by, the United States of America, in obligations
of any agencies or instrumentalities of the United States of America, or as otherwise
permitted by state law; provided that all such deposits and investments shall be made
in such manner (which may include repurchase agreements for such investments with any
national bank) that money required to be expended from the Interest and Sinking Fund
will be available at the proper time or times. All such investments shall be valued
in terms of current market value no less frequently than the last business day of the
City's Fiscal Year, except that any direct obligations of the United States of
America - State and Local Government Series shall be continuously valued at their par
value or principal face amount. Any obligation in which money is so invested shall
be kept and held in an official depository of the City, except as hereinafter
provided. For purposes of maximizing investment returns, money in such Interest and
Sinking Fund may be invested, together with money in the Construction Fund or with
other money of the City, in common investments of the kind described above, or in a
common pool of such investments which shall be kept and held at an official
depository of the City, which shall not be deemed to be or constitute a commingling
of such money or Funds provided that safekeeping receipts or certificates of partici-
pation clearly evidencing the investment or investment pool in which such money is
invested and the share thereof purchased with such money or owned by such Fund are
held by or on behalf of each such Fund. If necessary, such investments shall be
promptly sold to prevent any default. All interest and income derived from such
deposits and investments of the Interest and Sinking Fund shall be credited to the
Interest and Sinking Fund. So long as any Bonds remain outstanding, all uninvested
moneys on deposit in, or credited to, the Interest and Sinking Fund shall be secured
by the pledge of security, as provided by law for cities in the State of Texas.
ARTICLE VI
CONSTRUCTION FUND
Section 6.1: Construction Fund. There is hereby created and established a
special fund of the City, to be known as the "City of Pearland, Texas, Public
Improvement Bonds, Series 1986, Construction Fund", which shall be maintained as a
separate account on the books of the City. Money on deposit in the Construction Fund
shall be used only for the purposes set forth in Section 2.1 of this Ordinance,
except that interest and income derived from deposit and investment of moneys in the
Construction Fund may be utilized as provided below in Section 6.2 hereof.
Section 6.2: Investment of Money in Construction Fund. Money on deposit in the
Construction Fund may, at the option of the City, be invested as permitted by Texas
law; provided that all such deposits and investments shall be made in such manner
(which may include repurchase agreements for such investments with any national bank)
that the money required to be expended from the Construction Fund will be available
at the proper time or times. All such investments shall be valued in terms of
current market value no less frequently than the last business day of the City's
Fiscal Year, except that any direct obligations of the United States of America --
State and Local Government Series shall be continuously valued at their par value or
principal face amount. Any obligation in which money is so invested shall be kept
and held in an official depository of the City, except as hereinafter provided. For
purposes of maximizing investment returns, money in the Construction Fund may be
invested, together with money in the Interest and Sinking Fund or with other money of
the City, in common investments of the_ kind described above, or in a. common pool of
such investments which shall be kept and held at an official depository of the City,
which shall not be deemed to be or constitute a commingling of such money or Funds
,provided that safekeeping receipts or certificates of participation clearly evidenc-
ing the investment or investment pool in which such money is invested and the share
thereof purchased with such money or owned by the Construction Fund are held by or on
behalf of the Construction Fund. All interest and income derived from such deposits
and investments shall remain in the Construction Fund, except that (a) to the extent
219
required by law, such interest and income may be applied to make such payments to the
United States of America as shall be required to assure that interest on the Bonds is
exempt from federal income taxation, and (b) in the discretion of the City, such
interest and income may be utilized to pay principal of and interest on the Bonds.
ARTICLE VII
PROVISIONS CONCERNING SALE AND
DISPOSITION OF PROCEEDS OF BONDS
Section 7.1: Sale of Bonds. The sale of the Bonds to
(herein referred to as the "Purchaser") at
the price of par and accrued interest thereon to date of delivery, plus a cash
premium of $ , is hereby authorized, approved, ratified and confirmed,
subject to the unqualified approving opinion as to the legality of the Bonds of the
Attorney General of the State of Texas, and of Vinson & Elkins, Houston, Texas, bond
counsel.
Section 7.2: Approval, Registration and Delivery. After the Bonds to be
initially issued shall have been executed, it shall be the duty of the Mayor of the
City to deliver the Bonds to be initially issued and all pertinent records and
proceedings to the Attorney General of Texas, for examination and approval by the
Attorney General. After the Bonds 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 Bonds 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 printed and endorsed on the Bonds to
be initially issued, and the seal of said Comptroller shall be impressed, or placed
in facsimile, thereon.
Section 7.3: No Arbitrage. The City specifically covenants that, unless it
receives an opinion of nationally recognized bond counsel to the effect that failure
to do so will not cause interest on the Bonds to become subject to federal income
taxation, the City will comply with the provisions of H.R. 3838, adopted by the
House of Representatives of the Congress of the United States of America on December
17, 1985, including, without limitation, compliance with the provisions of H.R. 3838
regarding the timing of the expenditure of the proceeds of the Bonds,_the use of such
proceeds and the facilities financed with such proceeds, the restriction of
investment yields, the filing of information with the Internal Revenue Service, and
the rebate of arbitrage profit to the United States. 'Further, the_ City certifies
that based upon all facts and estimates now known or reasonably expected to be in
existence on the date the Bonds initially issued are delivered and paid. for, the City
reasonably expects that the proceeds of the Bonds will not be used in a manner that
would cause the Bonds or any portion of the Bonds to be an "arbitrage bond" under
Section 103(c) (2) of the Internal Revenue Code of 1954, as amended, and the regula-
tions prescribed thereunder. Furthermore, 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 as of the date the Bonds
initially issued are delivered and paid for. In particular, all or any officers of
the City are authorized to certify for the City the facts and circumstances and
reasonable expectations of the City on the date the Bonds initially issued are
delivered and paid for regarding the amount and use of the proceeds of the Bonds.
Moreover, the City covenants that it shall make such use of the proceeds of the
Bonds, regulate investments of proceeds of the Bonds and take such other and further
actions as may be required so that the Bonds shall not be "arbitrage bonds" under
Section 103(c) (2) of the Internal Revenue Code of 1954, as amended, and the
regulations prescribed from time to time thereunder.
ARTICLE VIII
MISCELLANEOUS
Section 8.1: Official Statement. The City ratifies and confirms. its prior
approval of the form and content of the Official Statement prepared for initial
offering and sale of the Bonds and hereby approves the form and content of any
addenda, supplement, or amendment thereto. The use of such official Statement in the
reoffering of the Bonds by the Purchaser is hereby approved and authorized. The
proper officials of the City are hereby authorized to execute and deliver a
certificate pertaining to such Official Statement as prescribed therein, dated as of
the date of payment for and delivery of the Bonds.
Section 8.2: Provisions Concerning Registrar. (a) The Registrar, by
220
undertaking the performance of the duties of the Registrar and in consideration of
the payment of fees and/or deposits of money pursuant to this Ordinance and a Paying
Agent/Registrar Agreement, accepts and agrees to abide by the terms of this Ordinance
and such Agreement. The City hereby approves the Paying Agent/Registrar Agreement.
(b) The City reserves the right to replace the Registrar or its successor at
any time. If the Registrar is replaced by the City, the new Registrar shall accept
the previous Registrar's records and act in the same capacity as the previous
Registrar. Any successor Registrar shall be either a national or state banking
institution and a corporation organized and doing business under the laws of the
United States of America or any State authorized -under such laws to exercise trust
powers and subject to supervision or examination by Federal or State authority.
Section 8.3: Further Procedures. The Mayor, and the City Secretary and other
appropriate officials of the City are hereby authorized and directed to do any and
all things necessary and/or convenient to carry out the terms and purposes of this
Ordinance.
Section 8.4: Severability. If any Section, paragraph, clause or provision of
this Ordinance shall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such Section, paragraph, clause or provision shall
not affect any of the remaining provisions of this Ordinance.
Section 8.5: Declaration of Emergency; Open Meeting. It is hereby officially
found and determined that this Ordinance relates to an immediate public emergency
affecting life, health, property and the public peace, and that such emergency and
urgent public necessity exist, the specific emergency being that the proceeds from
the sale of the Bonds are required as soon as possible so that the City may proceed
without unnecessary delay to accomplish the purposes for which the Bonds were voted
in order to further protect life, health, property and the public peace within the
City; that such emergency and necessity require the adoption of this Ordinance and
the holding of the meeting at which this Ordinance is adopted at the time and place
held; the meeting at which this Ordinance was adopted was open to the public, and
public notice of the time, place and purpose of said meeting was given, all as
required by Vernon's Ann. Tex. Civ. St. Article 6252-17, as amended; and that such
notice as given is hereby authorized, approved, adopted and ratified.
Section 8.6: Effect of Ordinance. This Ordinance shall be in force and effect
from and after its passage, and it is so ordered.
Section 8.7: Repealer.- All orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are hereby repealed to the extent of such
inconsistency.
PASSED AND APPROVED this 10th day of March, 1986.
/s/ Tom Reid
Mayor
CITY OF PEARLAND, TEXAS
ATTEST:
/s/ Kay Krouse
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
CITIZENS: (Continued)
2. D. A. Miller, Jr., Pearland, representing Pearland Area Action Association,
read from a prepared text and distributed copies to all the Council. In his
presentation, Mr. Miller stated the Association had the following concerns: 1) That,
as proposed, Ordinance No. 509, when passed, would not guarantee public hearings with
regard to granting or denying landfills in Pearland or its extraterritorial jurisdic-
tion, and 2) that Ordinance No. 215 which prohibits landfills in Pearland may be
rescinded based upon someone's opinion and not a court ruling.
3. Bunny Williamson, Route 2, Box 2975, Pearland. Mrs. Williamson spoke about
the General Business zoning on Dixie Farm Road and also in support of Mr. Miller's
previous presentation.
4. Frank P. Corder, 16725 C. R. 127. Mr. Corder stated that he also owns
property on County Road 127, off Dixie Farm Road and he, too, would like to request
that Council reconsider zoning his property General Business.
DOCKETED PUBLIC HEARINGS: None
NEW BUSINESS: (Continued)
APPROVAL OF PARADE ROUTE FOR LITTLE LEAGUE OPENING DAY PARADE
Police Chief Glenn Stanford informed the Council he had received a request from Kathy
Moody for a Little League Opening Day Parade to be held on April 5, 1986. The parade
would begin at 9:00 A. M. at the First Baptist Church and proceed west along F.M. 518
one mile to Hatfield Road; then south on Hatfield to Fite Road; and west on Fite to
the ballpark.
Chief Stanford stated he would like to encourage the Council to deny the request
because it would tie up traffic on west F.M. 518 on an election day.
Mrs. Moody explained that this will be the 12th year for an Opening Day Parade and
each year the young people involved look forward to this event. This year, they
changed the parade route, hoping it would make the traffic flow easier. Several
officers of the Little League Association were present and spoke in favor of the
parade.
There was a general discussion between Council about the shutting down of traffic on
west F.M. 518 during this parade and about plans for alternate routes during this
time. It was also mentioned during this discussion that the drill teams involved
should be prepared to step out at any time if the parade is delayed.
It was moved by Councilman Frauenberger, seconded by Councilman Tetens, that the City
grant the Little League permission to have their parade from the Baptist Church
parking lot to Hatfield Road, along F.M. 518, on Saturday, April 5, 1986, beginning
at 9:00 A. M.
Motion passed 3 to 1. Councilman Bost voted against. Councilman Lentz abstained.
MAYOR REID RECESSED MEETING AT 8:30 P. M..
MAYOR REID RECONVENED MEETING AT 8:39 P. M.
UNFINISHED BUSINESS:
ORDINANCE NO. 509, LAND USE AND URBAN DEVELOPMENT ORDINANCE AND•APPROVAL OF OFFICIAL
ZONING MAP TO BE INCLUDED THEREIN
In a Council discussion it was proposed by Councilman Gray that Ordinance No. 215 be
reworked to regulate landfills within the City and to tie this ordinance into the
zoning ordinance. It was also mentioned that under Ordinance No. 509, landfills are
allowed in an industrial zone with a specific use permit. Mayor Reid read from an
opinion submitted by City Attorney Luke Daniel which stated that a public hearing is
required by state law prior to issuance of a Specific Use Permit. It was explained
that a Specific Use Permit is much more restrictive than other type zoning because it
spells out specifically what requirements must be met for the use of the land. It
was further brought out in the discussion that some areas on the zoning map may still
be doubtful and one of the duties of the Planning and Zoning Committee is to look at
the specific problems. It was announced by Councilman Lentz that there will be a
meeting of the Planning and Development Committee next Monday, March 17, at 7:30
P. M. at City Hall.
Ordinance No. 509 read in caption by Councilman Gray. (Second and Final Reading)
It was moved by Councilman Gray, seconded by Councilman Frauenberger, that Ordinance
No. 509 be passed and approved on the second and final reading. Said Ordinance No.
509 reads in caption as follows:
222
ORDINANCE NO. 509
AN ORDINANCE ESTABLISHING LAND USE REGULATIONS AND DIVIDING THE CITY -
OF PEARLAND INTO LAND USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE
PLAN, REGULATING THE USE OF LAND AND BUILDINGS, DESIGNATING OPEN
SPACES, LOT COVERAGE, OFF-STREET PARKING AND THE DENSITY OF URBAN
DEVELOPMENT,. PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND
AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1011a
OF THE REVISED CIVIL STATUTES OF TEXAS, PROVIDING A SAVINGS CLAUSE AND
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING AN
EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman
Tetens, and Councilman Lentz.
Voting "No" - None.
Motion passed 5 to 0.
NEW BUSINESS: (Continued)
APPROVAL OF AREA -WIDE PREVAILING LABOR WAGE RATES
City Manager Ron Wicker explained that Federal and State Law requires the City to
adopt a prevailing wage rate in our area to be used in our bidding documents for
construction -type projects. In the proposed prevailing labor wage rate schedule, we
have looked at, Mr. Wicker said, the hourly rates currently used by Houston and tried
to use the classifications that would apply to our particular projects.
It was moved by Councilman Frauenberger, seconded by Councilman Bost, that the City
Council adopt the area -wide rate schedule, as presented by the City Manager, as the
prevailing labor wage rate in the City of Pearland.
In a discussion that followed, it was brought out that these rates were the minimum
and as such, the Council was generally of the opinion that the rates were too high.
It was suggested that these rates should be at a level that would not preclude any
contractor, union or non-union, from bidding.
Councilman Frauenberger withdrew his motion- Councilman Bost withdrew his second.
It was moved by Councilman Frauenberger, seconded by Councilman Lentz, that the
approval of the area -wide prevailing labor wage rates be tabled until a future
meeting.
Motion passed 4 to 0. Councilman Gray absent from the Chamber at the time.
AUTHORIZATION TO BID PAINTING OF F.M. 518 WATER PLANT GROUND STORAGE TANK
City Manager Ron Wicker explained that the Woodcreek ground storage tank is in need
of repair, recoating,and repainting and as we have funds available from the 1982 bond
funds, he would recommend authorization to bid this project.
It was moved by Councilman Frauenberger, seconded by Councilman Bost, that the City
Staff be authorized to make bid preparations for the F. M. 518 water plant storage
tank.repair and that payment be made from the appropriate funds.
Motion passed 4 to 0. Councilman Gray absent from the Chamber at the time.
RENAMING OF PEARLAND SITES ROAD TO VETERANS DRIVE
City Manager Ron Wicker explained that he had received requests from the Chief of
Police and the Police Officer's Association to change the name of Pearland Sites Road
to Veterans Drive from Walnut to the south city limits. Police Chief Glenn Stanford
reported he had contacted the managers of the few businesses along that section of
Pearland Sites Road and they told him they saw no problems with the name change. The
VFW Commander was contacted and he, too, was pleased with the proposed name change.
It was moved by Councilman Tetens, seconded by Councilman Bost, that the section of
Pearland Sites Road from Walnut Street to the south city limits be renamed Veterans
Drive.
Motion passed 4 to 0. Councilman Gray absent from the Chamber at the time.
223
APPOINTMENT OF THE FOLLOWING BOARDS:
(a) ONE MEMBER TO ELECTRICAL BOARD FOR TWO-YEAR TERM
Mayor Reid reported that the Personnel committee met and recommended
appointment of the incumbent Chris Brooks.
It was moved by Councilman Tetens, seconded by Councilman Lentz, that Chris
.Brooks be reappointed to the Electrical Board for a two-year term.
Motion passed 4 to 0. Councilman Gray absent from the Chamber at the time.
(b) TWO MEMBERS TO LIBRARY BOARD FOR THREE-YEAR TERM
Mayor Reid reported that the recommended candidate, Nancy Sallee, has
.agreed to serve another term on the Board. The other candidate contacted
stated he would not be able to serve.
It was moved by Councilman Bost, seconded by Councilman Tetens, that Nancy
Sallee be reappointed to the Library Board for a three-year term.
Motion passed 4 to 0. Councilman Gray absent from the Chamber at the time.
PROPOSAL FROM EARL LAIRSON AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO EXAMINE THE
FINANCIAL STATEMENTS OF THE VARIOUS FUNDS FOR THE YEAR ENDING SEPTEMBER 30, 1986
It was moved by Councilman Lentz, seconded by Councilman Bost, that the City again
xetain Earl Lairson and Company for our annual audit with the fee not to exceed
$14,000 plus cash expenses and the Mayor be authorized to sign the contract.
Motion passed 4 to 0. Councilman.Gray absent from the Chamber at the time.
AUTHORIZATION FOR FILMi COMPANY TO FILM SCENE, USING EXPLOSIVES, AT PEARLAND AIRPORT
City Manager Ron Wicker explained that the film company, Columbia Pictures, would
like to film one or more scenes in a possible series called "Houston Knights." They
plan to film this sometime next week if they get permission. They want to blow up a
car and have a. simulated gun battle, using blanks. This all would be under the
direct supervision of our Fire Marshal and involvement of the Pearland Volunteer Fire
Department. There is a. copy in the agenda packet of a $1,000,000 Certificate of
Insurance.. The scenes will be shot at the old Pearland Airport.
It was moved by Councilman Bost, seconded by Councilman Tetens, that the City grant
authorization to the film company to film scenes using explosives at the Pearland
Airport, with them posting a $1,000,000 Certificate of Insurance, as stated.
Motion passed 4 to 0. Councilman Gray absent from the Chamber at the time.
AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH WALSH ENGINEERING, INC., FOR
ENGINEERING SERVICES ON INTERSECTION IMPROVEMENTS ON F. M. 518 WIDENING PROJECT
Mayor Reid remarked that this item is being passed to a future agenda as recommended
by the City Manager.
STREET MAINTENANCE PROGRAM FOR 1986
The following is a list of streets, in priority order, recommended by Director of
Public Works, Bill Thomasset, for rehabilitation in 1986:
1. Westfield Road
From Dixie Farm Road to City Limits
2. Yost Road
From F. M. 518 to Sleepy Hollow Drive
3. West Orange Street
From R.R. Tracks West to Mykawa Road
4. West Orange Street
West of Mykawa Intersection through Woody Road Intersection
5. Magnolia Road
From West of R.R. Tracks to Pearland Sites Road
224
6. Pearland Sites Road
From North of Mary's Creek Bridge to Walnut Street
Total Estimated Cost: $225,255.00
It was moved by Councilman Lentz, seconded by Councilman Bost, that the City Staff be
authorized to ask for bids on the 1986 Street Rehabilitation Program.
Motion passed 4 to 0. Councilman Gray absent from the Chamber at the time.
CONFIRMATION OF CURRENT MEMBERS OF THE PLANNING AND ZONING COMMISSION AND THE ZONING
BOARD OF ADJUSTMENTS UNDER ORDINANCE NO. 509
It was moved by Councilman Lentz, seconded by Councilman Bost, that the persons now `—
serving on the Planning and zoning Commission and the zoning Board of Adjustments be
reaffirmed under Ordinance No. 509 for the remaining period of their terms.
Motion passed 4 to 0. Councilman Gray absent from the Chamber at the time.
APPROVAL OF THE FOLLOWING INVOICES
(a) It was moved by Councilman Tetens, seconded by Councilman Bost, that
invoice dated February 20, 1986, Christopher Di Stefano and Associates,
Inc., for architect's supervision on construction of Public Safety
Building, in the amount of $2,414.78 be approved and payment made from the
appropriate funds.
Motion passed 4 to 0. Councilman Gray absent from the Chamber at the time.
(b) It was moved by Councilman Tetens, seconded by Councilman Lentz, that
-Contractor's Application for Payment No. 7, LEBCO Constructors, Inc., for
construction of Public Safety Building, in the amount of $172,484.00 be
approved and payment made from the appropriate funds.
Motion passed 4 to 0. Councilman Gray absent from the Chamber at the time.
(c) It was moved by Councilman Tetens, seconded by Councilman Lentz, that
invoice dated February 28, 1986, Walsh Engineering, Inc., for services
rendered in the survey, design and construction of drainage outfall
improvements associated with widening of F. M. 518, in the amount of
$4,137.69 be approved and payment made from the appropriate funds.
Motion passed 4 to 0. Councilman Gray absent from the Chamber at the time.
OTHER BUSINESS
City Attorney Luke Daniel reported that in the case of Ford vs.Pearland Wrecker, we
moved for dismissal in that case and anticipate hearing from the Court in about a
month. This has been on the books for about five years, Mr. Daniel said.
Mayor Reid announced there would be no Executive Session for this evening.
The meeting adjourned at 9:50 P. M.
Minutes approved as submitted and/or correcte
I , A. D., 1986.
ATTEST:
City Secretary
d this dayof
Mayor