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1982-04-05 CITY COUNCIL SPECIAL MEETING MINUTESM MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 5, 1982, 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 Al Lentz Councilman Harry Farley Councilman/Councilman Elect Charles R. Mack Councilman Carlton McComb Councilman Terry Gray Councilman Elect Dennis M. Frauenberger City Manager Ronald J. Wicker City Attorney Bobby J. Williams City Secretary Dorothy L. Cook PURPOSE OF THE MEETING: 1. Authorize City Manager to Make Preparation for Calling of a Bond Election. 2. Canvass of Elections Held on April 3, 1982, City Officers', Charter Amendments and Civil Service for Policemen. 3. Amendments to the Electrical and Fire Zone Ordinance. AUTHORIZE CITY MANAGER TO MAKE PREPARATION FOR CALLING OF BOND ELECTION: City Manager Wicker reported that information for calling the Bond Election has been completed and suggested that the date of May 15, 1982 be selected as the date to hold this election. It was moved by Councilman Lentz, seconded by Councilman Gray that the City Manager be authorized to proceed with the calling of a Bond Election on May 15, 1982 with this item to be placed on the agenda of April 12, 1982. Motion passed 5 to 0. RESIGNATION OF DENNIS FRAUENBERGER: Mayor Reid read the following letter received from Councilman Elect Dennis Frauenberger: April 5, 1982 City of Parland P. 0. Box 1157 Pearland, TX 77581 Honorable Mayor and City Council: With both regret and pleasure I tender this resignation from the Planning & Zoning Com- mission effective April 5, 1982. I am pleased that the Council chose to have my service in this capacity. I am also pleased that this resignation has been made as a result of having been chosen by the citizens as their representative on City Council. Thank you, /S/ D. M. Frauenberger Dennis M. Frauenberger DMF/jll FM CANVASS OF ELECTION: Mayor Reid read into the records the Ballot & Seal Certificate mailed to him by the officials holding the April 3, 1982 election indicating that 1420 voted in the election on Saturday with an additional 36 ballots being cast absentee for a total of 1456 ballots. City Attorney Williams verified the return of the unused ballots. Resolution No. R82-16 was read in full by Councilman McComb and Councilman Gray. It was moved by Councilman McComb, seconded by Councilman Gray that the following Resolution be passed and approved on first and only reading. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Farley, and Councilman Gray, and Councilman McComb. Voting "No": None Motion passed 5 to 0. Said Resolution No. R82-16 reads as follows: RESOLUTION NO. R82-16 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON APRIL 3, 1982. On this the 5th day of April, 1982, the City Council of the City of Pearland, Texas, convened in Special Session open to the public at the regular meeting place there- of with the following members present, to -wit: Tom Reid Al Lentz Charles R. Mack Harry Farley Carlton McComb Terry Gray Dorothy L. Cook Mayor Council Position One Council Position Two Council Position Three Council Position Four Council Position Five City Secretary/Clerk and the following absent: None, constituting a quorum, and among other proceedings had were the following: Councilman McComb introduced a resolution and order and moved its adoption. The motion was seconded by Councilman Gray, and the motion carried with the adoption of the resolution and order prevailed by the following vote, AYES: Councilman Lentz, Councilman Mack, Councilman Farley, Councilman McComb, and Councilman Gray. NAYS: None. The resolution is as follows: WHEREAS, there was held in the City of Pearland, Texas, on the 3rd day of April, 1982, a Regular and Two Special Municipal Elections were held at which the filling of the offices of Member of the Council Position Number Two (2) and Member of the Council Position Number Four (4) were submitted to a vote of the duly qualified resident electors of said City, and at which Five (5) 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, and at which the proposed adoption of the Policemen's Civil Service Act was submitted to a vote of the duly qualified resident electors of said City; and WHEREAS, at this Special Meeting of the City Council of the City of Pear - land, on April 5, 1982, after date of said election, being the first meeting of the City Council to be held since said election at which returns of said election could be considered and final results declared. NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF FEARLAND, TEXAS: 13 Section I. That the election described was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; and it appearing from said returns, duly and legally made, that there were cast at such election 1,456 valid and legal votes; and that said election resulted in the following vote totals: FOR MEMBER OF THE COUNCIL POSITION NUMBER TWO ,�. NAME OF CANDIDATE TOM MATLOCK CHARLES MACK TOTAL NUMBER OF VOTES RECEIVED FOR MEMBER OF THE COUNCIL POSITION NUMBER FOUR 373 952 DENNIS FRAUENBERGER 897 FRED DAVIS 477 PROPOSED CHARTER AMENDMENTS AMENDMENT OF ARTICLE 3, SECTION 3.07 (P) FOR 963 AGAINST 213 AMENDMENT OF ARTICLE 3, SECTION 3.10 FOR 922 AGAINST 237 AMENDMENT OF ARTICLE 4, SECTION 4.02 (a) FOR 730 AGAINST 539 AMENDMENT OF ARTICLE 4, SECTION 4.05 FOR 891 AGAINST 342 AMENDMENT OF ARTICLE 8, SECTION 8.17 FOR 1148 AGAINST 98 PROPOSED ADOPTION OF THE TOTAL NUMBER OF POLICEMEN'S CIVIL SERVICE ACT VOTES RECEIVED FOR 659 AGAINST 649 Section II. 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 3, 3982, within the City of Pearland, Texas, that the candidate elected for Member of the Council Position Number Two is declared to be Charles Mack, and that the candidate elected for Member of the Council Position Number Four is declared to be Dennis Frauenberger, 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. WE 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 follow- ing Articles so adopted shall hereafter read as follows: ARTICLE 3, SECTION 3.07, SUBSECTION (p) POWERS OF THE CITY COUNCIL: (p) All powers of this Charter shall be vested in the City Council. The Council shall conduct all business in official meetings held and called pursuant to the provisions of the Charter and applicable laws of the State of Texas. No individual member of the City Council shall have any power to act, investigate, make appointments or inquire into the conduct of any office, department or agency of the City without the specific authorization of the City Council in an official meeting. FIRST PARAGRAPH ARTICLE 3, SECTION 3.10 PROCEDURE FOR PASSING ORDINANCES: Every ordinance shall be introduced in written or printed form and, upon passage, shall take effect at the time indicated therein, provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten days from its publication in the official city newspaper of the City of Pearland. The City Secretary shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions, thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper of the City of Pearland at least once within ten (10) days after the passage of said ordinance. He shall note on every ordinance the caption of which is hereby required to be published and on the record thereof, the fact that same has been published as required by this Charter and date of such p ubli cation,which shall be prima facie evidence of the legal publication and promul- gation of such ordinance, provided that the provisions of this section shall not apply to the correction, amendment, revisions and modification of the ordinances of the City for publication in book or pamphlet form. Except as otherwise provided by this Charter, it shall be necessary to the validity of any ordinance that it shall be read and con- sidered at two regular sessions of the City Council. The requirement of consideration and favorable action on an ordinance at two regular sessions of the City Council shall not apply, and only one reading .at one regular or special meeting shall be required, for the final passage and approval of an ordinance relating to an immediate public emergency affecting life, health, property or the public peace. In the event an ordinance is adopted as an emergency measure, a declaration of the specific emergency shall be expressed in the caption and body of such ordinance, and such ordinance shall not be adopted without the affirmative vote of at least three-fourths of all members of the City Council. ARTICLE 4, SECTION 4.02, SUBSECTION (a) DEPARTMENT OF POLICE: (a) Chief of Police. The Chief of Police shall be the chief administrative officer of the department of police. He shall with the approval of the City Manager, appoint and remove the employees of said department and shall perform such duties as may be required of him by the City Manager. The Chief of Police shall be appointed by the City Manager, with the approval of the City Council, for an indefinite term. The Chief of Police shall be responsible to the City Manager for the administration of his department and the carrying out of the directives of the City Manager. He may be re- moved from office by the City Manager with the approval of the City Council. ARTICLE 4, SECTION 4.05 DEPARTMENT OF FINANCE: There shall be established and maintained a department of finance to admin- ister the financial affairs of the City. The City Manager, with the approval of the City Council shall appoint a competent person as the Director of Finance and such assistants as the City Manager and City Council shall deem advisable. The Director of Finance shall be the official City Treasurer, and shall perform the duties delegated to him by the City Manager and those which may be imposed upon him by the laws of the State of Texas. ARTICLE 8, SECTION 8.17 PURCHASE PROCEDURE: All purchases made and contracts executed by the City shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be binding upon the City unless and until the City Manager certifies that there is to the credit of such office, depart- ment or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment, or contractual services for which the con- tract or order is issued. All purchases made and contracts executed by the City shall be made in accordance with the requirements of this Charter and all applicable require- ments of the Constitution and Statutes of the State of Texas. All contracts for pur- chases or expenditures must be expressly approved in advance by the Council, except that the Council may by ordinance confer upon the City Manager, general authority to contract for expenditures without further approval of the Council for all budgeted items the cost of which do not exceed the constitutional and statutory requirements for competitive bidding. Section IV. The City Council hereby affirmatively adopts Policemen's Civil Service within the City of Pearland, Texas, pursuant to applicable provisions of Article 1269 M, Vernon Annotated Civil Statutes, as amended, and officially declares that such Act shall be effective within 30 days after the beginning of the next proceeding fiscal year•of the City. It is further declared that the adoption of Civil Service, pursuant to Article 1269 M, Vernon Annotated Civil Statutes, as amended, shall apply only to the City of Pearland Police Department and to no other departments of the City of Pear - land. Section V. 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, ADOPTED AND APPROVED this the 5th day of April, A. D., 1982. By: ATTEST: /S/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS IS/ Tom Reid Mayor Mayor Reid issued Certificates of Election to Councilman Elect Mack and Councilman Elect r— Frauenberger. Mayor Reid administered the Oath of Office to Councilman Mack and Councilman Frauenberger. MEETING RECESSED AT 8:00 P. M. - RECONVENED AT 8:2.0 P. M. ADMENDME-NTS TO ELECTRICAL AND FIRE ZONE__ORDINANCE: Councilman Farley stated that about three years ago the Council enacted certain ordinances restrictive to apartments. These ordinances were passed in order to afford residents of apartments more fire protection from their neighbors. The previous code had set the fire walls by square feet or by areas and often put two or more residents in the same fire prone area. This ordinance now needs to be reviewed to provide those specific methods of which certain things can be done. For instance, it requires a two hour fire wall in some areas that must be penetrated by electrical and plumbing service. These are not specifically addressed in the ordinance; however, he has worked with the local builders and architects and passed out -some specifics to the Council: There is currently a sentence in the electrical code that states that the main service to the building be brought into the building in conduit form. The Fire Zone Ordinance states that when an apartment is built that it must have conduit in the branch service. The original intent of this was that when an apartment was built in a commercial zone it was to have conduits in the branch service and when it is built in a multi -family zone that the branch service not be in conduit. Councilman Farley asked that the staff " prepare necessary revisions to these ordinances for consideration at a later council meeting. It was moved by Councilman Farley, seconded by Councilman Lentz to provide an amendment to the electrical and fire zone ordinances to be more specific in certain areas as discussed in this meeting. Further, that the additional details proposed are those as presented at this meeting. Motion passed 5 to 0. City Manager Wicker advised that we actually have two ordinances that will be changed with this request. One is the electrical code which requires the conduit and the other is the Fire Zone Ordinance which requires the fire wall separation between apartments. He stated that we would need to appropriately amend the fire zone ordinance to take apartments out of the fire zone as long as they are being built in Multi Family District. ADJOURN: Meeting adjourned at 8:25 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1982. Mayor ATTEST: ZitySecretary