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1986-04-07 CITY COUNCIL SPECIAL MEETING MINUTES232 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 7, 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 Councilmember/Mayor Pro Tem James Bost Councilmember Councilmember Councilmember Councilmember Councilmember Elect Councilmember Elect City Manager City Attorney City Secretary PURPOSE OF THE MEETING: Terry Gray Dennis Frauenberger Richard Tetens Al Lentz Stella Roberts Charles Mack Ronald J. Wicker Luke L. Daniel Kay Krouse CANVASS OF ELECTIONS HELD ON APRIL 5, 1986, CITY OFFICERS' AND SPECIAL: RESOLUTION NO. R86-12, A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF CITY OFFICERS' AND SPECIAL ELECTIONS Resolution No. R86-12 read in full by Councilmember Bost and Councilmember Tetens. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Resolution No. R86-12 be passed and approved on the first and only reading. Said Resolution No. R86-12 reads as follows: RESOLUTION NO. R86-12 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OFFICERS' AND SPECIAL ELECTIONS HELD IN THE CITY OF PEARLAND, TEXAS, ON APRIL 5, 1986. WHEREAS, there were held in the City of Pearland, Texas, on the 5th day of April, 1986, Regular and Special Municipal Elections at which the filling of the offices of Member of the Council Position Number One and Member of the Council Position Number Five were submitted to a vote of the duly qualified resident electors of said City, and at which Four (4) proposed amendments to the Home Rule Charter of the City of Pearland, Texas, were submitted to a vote of the duly qualified resident electors of said City. WHEREAS, at this Special Meeting of the City Council of the City of Pearland, on April 7, 1986, after date of said election, being the first meeting of the City Council to be held since said election at which returns of said elections could be considered and final results declared. NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. That the elections described were duly called and notice thereof given in accordance with law; that said elections were held in the manner required by law; that due returns of said elections have been made by the proper officers; and it appearing from said returns, duly and legally made, that there were cast at such elections 1047 valid and legal votes; and that said elections resulted in the following vote totals: FOR MEMBER OF THE COUNCIL POSITION NUMBER ONE NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED STELLA ROBERTS 659 BENNY FRANK 361 r— FOR MEMBER OF THE COUNCIL POSITION NUMBER FIVE NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED CHARLES MACK 712 PROPOSED CHARTER AMENDMENTS AMENDMENT NO. 1 ADDITION OF SUBSECTION (d) TO SECTION 4.01 FOR 567 AGAINST 418 AMENDMENT NO. 2 DELETION OF SENTENCE SEVEN (7) FROM PARAGRAPH (1) OF SECTION 4.09 FOR 639 AGAINST 334 . AMENDMENT NO. 3 DELETION OF LAST SENTENCE FROM PARAGRAPH TWO (2) OF SECTION 4.09 FOR 630 AGAINST • 336 AMENDMENT OF SECTION 4.11 AMENDMENT NO. 4 FOR 595 AGAINST 369 Section II. 233 That the City Council of the City of Pearland, Texas, hereby officially and affirmatively declares that the results as shown above are the real and true results of the election held on April 5, 1986, within the City of Pearland, Texas, that the candidate elected for Member of the Council Position Number One is declared to be Stella Roberts, and that the candidate elected for Member of the Council Position Number Five is declared to be Charles Mack, and said above parties are hereby declared duly elected to said respective offices, subject to taking of their oaths and filing bond as provided by the laws of the State of Texas. Section III. The City Council of the City of Pearland, Texas, hereby officially and affirmatively declares the adoption of the following Amendments to the Home Rule Charter of the City of Pearland, as a result of said election, and that the following Articles so adopted and/or amended shall hereafter read as follows: ARTICLE 4, SECTION 4.01 CITY MANAGER (d) Assistant City Manager The City Manager, with the approval of the City Council, may appoint an Assistant City Manager who shall be the administrator of all Departments which are directly answerable to the City Manager, with the exception of those Departments administered by the Director of Public Works. Such Assistant City Manager shall have all of the powers and duties of the City Manager in the event of the absence or �- disability of the City Manager. ARTICLE 4, SECTION 4.09 VOLUNTEER FIRE DEPARTMENT The City Council may establish and maintain a Volunteer Fire Department and may procure fire engines and other apparatus for the extinguishment of fires, for salvage and rescue operations and provide engine houses and funds for maintenance and operation and shall authorize the forming of fire fighting companies as required. The companies so organized, the Chief and such assistants as may be provided for, shall constitute the Fire Department. The Department may elect its own members and officers. The officers shall be chosen as said Department may determine. All officers so elected shall be commissioned by the Mayor. Said Department may adopt their own constitution and by-laws not inconsistent with this Charter or the City ordinances. Said Department shall take the care and management of the engines and other implements and apparatus provided and used for fighting fires and for salvage and rescue operations. The City Council shall enter into an agreement with members of the Volunteer Fire Department for the protection of the City from fire on such conditions as to financial assistance and the observance of such regulations as the City Council shall prescribe. ARTICLE 4, SECTION 4.11 DEPARTMENT OF PUBLIC SAFETY The City Council may appoint a Safety Department which shall be an advisory coordinating committee in the matter of Public Safety. Such committee will then consist of an odd number of members, who shall be either employees of, or shall reside in the City of Pearland. .Section IV. It is further found and determined that in accordance with the Order of this governing body the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient to the public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the date of this meeting. A copy of the return of said posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. PASSED, APPROVED AND ADOPTED this the 7th day of April, A. D., 1986. /s/ Tom Reid Mayor ATTEST: /s/ Kay Krouse City Secretary APPROVED AS TO FORM: /s/ Luke Daniel 16.2423 --Notice of Special or Regular Meeting of Governing Body of City or Town and Returns Cia 3 (2975) ® Hart Graphics, Austin, Texas HAR NOTICE OF MEETING OF T'I� ' GOVERNING BODY OF P 1i CITY OF PEARLAND, TEXAS (Name of City or Town) i J! Notice is hereby given that a Special meeting of the governing body of the above P (Special or Regular) j Aril 119 86 , at 7:30 P. named City or Town will be held on the 7th day of 1� Fi in the City Hall at 2335 N. Texas Avenue, Pearland i' i Texas, at which time the following subjects will be discussed, to -wit: _ (SEE AGENDA ATTACHED) J AGENDA - SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON APRIL 7, 1986, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. I CALL TO ORDER II. PURPOSE OF THE MEETING: 1. CANVASS OF ELECTIONS HELD ON APRIL 5, 1986, CITY OFFICERS' AND SPECIAL. (a) RESOLUTION NO. R86-12, A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF CITY OFFICERS' AND SPECIAL ELECTIONS. (b) CERTIFICATE OF ELECTION TO NEWLY ELECTED OFFICIALS. (c) MAYOR TO ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS. 2. RESOLUTION NO. R86-13, A RESOLUTION OF THANKS TO COUNCILMAN TERRY GRAY FOR UNSELFISH CONTRIBUTION OF HIS TIME AND TALENT IN HIS TERMS ON THE COUNCIL. y 3. RESOLUTION NO. R86-14, A RESOLUTION OF THANKS TO COUNCILMAN AL LENTZ FOR r UNSELFISH CONTRIBUTION OF HIS TIME AND TALENT IN HIS TERMS ON THE COUNCIL. 4. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF CITY MANAGER'S APPOINT- MENT OF JANET EASTBURN AS DIRECTOR OF FINANCE AND CITY TREASURER. 5. -CONSIDERATION AND POSSIBLE ACTION - EXTENDING THE BID OPENING DATE ON NEW CITY HALL. 6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R86-15, A RESOLUTION SUSPENDING HOUSTON LIGHTING AND POWER COMPANY RATES IN THE CITY OF PEARLAND FOR A PERIOD OF 90 DAYS 7. CONSIDERATION AND POSSIBLE ACTION - ORDINANCE NO. 512, ORDINANCE EXTEND- ING THE MORATORIUM ON OFF -PREMISE AND BILLBOARD SIGNS FOR AN ADDITIONAL 60 DAYS AND DECLARING AN EMERGENCY. III. ADJOURN IMMEDIATELY FOLLOWING ADJOURNMENT OF SPECIAL MEETING THERE WILL BE A WORKSHOP MEETING WITH DR. PRENTICE CONCERNING THE PEARLAND E.M.S. 235 Voting "Aye" - Councilmember Lentz, Councilmember Tetens, Councilmember Bost, Councilmember Frauenberger, and Councilmember Gray. Voting "No" - None. Motion passed 5 to 0. Mayor Reid administered the Oath of Office to Stella Roberts and Charles Mack. Mayor Reid issued Certificates of Election to Stella Roberts, Position Number One and Charles Mack, Position Number Five. RESOLUTION NO. R86-13, A RESOLUTION OF THANKS TO COUNCILNEMBER TERRY GRAY FOR UNSELFISH CONTRIBUTION OF HIS TIME AND TALENT IN HIS TERMS OF OFFICE ON THE COUNCIL Resolution No. R86-13 was read in full by Mayor Reid. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Resolution No. R86-13 be passed and approved on the first and only reading. Said Resolution No. R86-13 being a Resolution of Thanks for the service and contribution to the City of Councilmember Terry Gray. Voting "Aye" - Councilmember Mack, Councilmember Frauenberger, Councilmember Bost, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. Mayor Reid presented the Resolution and a plaque from the City Council to Terry Gray. City Manager Ron Wicker presented to Mr. Gray his Council portrait which was taken several years ago. RESOLUTION NO. R86-14, A RESOLUTION OF THANKS TO COUNCILMENBER AL LENTZ FOR UNSELFISH CONTRIBUTION OF HIS TINE AND TALENT IN HIS TERMS ON THE COUNCIL Resolution No. R86-14 read in full by Mayor Reid. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Resolution No. R86-14 be passed and approved on the first and only reading. Said Resolution No. R86-14 being a Resolution of Thanks for the service and contribution to the City of Councilmember Lentz. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Bost, Councilmember Frauenberger, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. Mayor Reid presented the Resolution and a plaque from the City Council to Al Lentz. City Manager Ron Wicker presented to Al Lentz his Council portrait which was taken several years ago. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF JANET EASTBURN AS DIRECTOR OF FINANCE AND CITY TREASURER It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that the City Manager's appointment of Janet Eastburn as Director of Finance and City Treasurer be ratified by the City Council. Motion passed 5 to 0. Mayor Reid administered the Oath of Office to Janet Eastburn. EXTENDING THE BID OPENING DATE ON NEW CITY HALL City Manager Ron Wicker explained that we are presently experiencing a delay in being able to close on the $4.5 million bond issue. We heard today that this sale is not going to close until the 15th of April. We had originally planned to open bids on the 9th of April and award the bids on April 14. Because the law does not allow us to issue a contract when we don't have the money in hand, Mr. Wicker recommended we postpone the opening of the bids for two weeks. 236 It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the bid opening date on construction of the new City Hall be extended to April 23, 1986. Motion passed 5 to 0. RESOLUTION NO. R86-15, A RESOLUTION SUSPENDING HOUSTON LIGHTING AND POWER COMPANY RATES IN THE CITY OF PEARLAND FOR A PERIOD OF 90 DAYS Resolution No. R86-15 read in full by City Attorney Luke Daniel. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Resolution No. R86-15 be passed and approved on the first and only reading. Said Resolution No. R86-15 reads in caption as follows: RESOLUTION NO. R86-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS SUSPENDING RATES OF HOUSTON LIGHTING AND POWER COMPANY- FOR NINETY DAYS WITHIN THE CITY OF PEARLAND. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Bost, Councilmember Frauenberger, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 512, ORDINANCE EXTENDING THE MORATORIUM ON OFF -PREMISE AND BILLBOARD .SIGNS FOR AN ADDITIONAL 60 DAYS AND DECLARING AN EMERGENCY Ordinance No. 512 read in caption by Councilmember Bost. (First and Only Reading) It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Ordinance No. 512 be passed and approved on the first and only reading. Said Ordinance No. 512 reads in caption as follows: ORDINANCE NO. 512 AN ORDINANCE.EXTENDING THE MORATORIUM ON BILLBOARDS AND OFF -PREMISE SIGNS ESTABLISHED BY ORDINANCE NO. 506 FOR A PERIOD OF SIXTY DAYS; DECLARING AN EMERGENCY PURSUANT TO SECTION 3.10 OF THE -CHARTER OF THE CITY OF PEARLAND, TEXAS AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilmember Mack, Councilmember Frauenberger, Councilmember Bost, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. ADJOURN The meeting adjourned at 8:16 P. M. Minutes approved as submitted and/or corrected this L-\ / y day of A. D., 1986. ATTEST: tar City y yor