1982-04-12 CITY COUNCIL REGULAR MEETING MINUTES77,
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON APRIL 12, 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
Councilman/Mayor Pro Tem
Councilman
Councilman
Councilman
City Manager
City Secretary
Tom Reid
Al Lentz
Charles R. Mack
Dennis Frauenberger
Terry Gray
Ronald J. Wicker
Dorothy L. Cook
Absent from the meeting: Councilman Harry Farley and City Attorney Bobby Williams.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Councilman
Frauenberger.
APPROVAL OF MINUTES:
It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the
regular meeting held on March 22, 1982 be approved as submitted.
Motion passed 3 to 0. Councilman Frauenberger abstained.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported that City Attorney Bobby Williams' father died Friday and was
buried today. Mayor Reid expressed the condolence of the City to Mr. Williams.
COUNCIL ACTIVITY REPORTS:
Councilman Mack asked for a Workshop Meeting (joint between the Council and Planning
and Zoning Commission) on the proposed amendments to the Land Use Ordinance.
Mayor Reid called for a Special Meeting for the purpose of Certification of the bal-
lots to be used in the Bond Election at 7:30 P. M., April 19, 1982, with Joint Work-
shop to follow on the proposed amendments to the Land Use Ordinance.
DEPARTMENTAL REPORTS:
City Manager Wicker reported that today was the first day for the operation of our new
telephone system in the City Hall. He requested the news media to give the City some
coverage on this since the system is new and, for a short time, citizens might have
some difficulty getting calls transferred.
CITIZENS:
None
DOCKETED PUBLIC HEARINGS:
1. LAND USE CHANGE APPLICATION NO. 106, NORM KUBBINS, AGENT FOR STEVE REYBURN,
OWNER - Request for change in land use from Classification PD to M-1 (Indus-
trial District - Performance Standard Class A) on the following described
property to -wit:
A 4.121 acre tract of land out of and part of Lots 6 and 15
containing 29.2 acres each, out of the H. Masterson Subdivision
of Section 5, H.T.&B.RR Company Survey, Abstract 237, Brazoria
County, Texas.
PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE:
Norm Kubbins, Agent for Steve Reyburn, Owner.- Mr. Kubbins stated that the owner,
Steve Reyburn, thought that the property, when it was annexed, was Industrial Class
A M-1 for zoning purposes and, therefore, the property was marketed M-1; however,
when they had a buyer on the contract, it was checked further and found to be PD.
The prospective buyer of the property plans construction to minimize noise levels as
Well as they plan to have an area for trucks to turn around rather than using drive-
ways of citizens residing along Shank Road.
Gerald Tacket - Mr. Tacket advised that Intercontinental Marble planned to buy 16
acres; however, only 4.121 is in the City. He stated that at present it is a non-
conforming use and essentially the operation of the new firm would be comparable to
the present use.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE-
S. V. Ivy, 5201 Shank Road - Mr. Ivy wanted to know if the City planned to annex the
whole 16 acres so development of the property could be controlled. He stated that he
felt the noise level would be extremely high. Also, he made inquiry as to whether or
not the gates would be open 24 hours so the trucks could turn around on the site.
Jeannie Ivy, 5201 Shank Road - Spoke in opposition.
Wilma Pease, 5208 Shank Road - Spoke in opposition.
PLANNING & ZONING COMMISSION'S REPORT:
Mayor Reid read a report dated March 18, 1982, wherein the Planning & Zoning Commission
recommended that Application No. 106 be approved.
QUESTION AND ANSWER PERIOD:
In answer to the question about the noise level, Mr. Tacket advised that they planned
to use a concrete building with walls 14 inches thick. The saws used in the cutting
will be contained in a smaller area. A similar operation to this is the South Texas
Stone Company off the Katy Freeway in Houston. OSHA will also have to be complied
with. The hours of operation will be, at the beginning, one eight-hour shift with 15
employees.
COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY
ADJOURN
CHANGE IN ORDER OF BUSINESS
NEW BUSINESS:
COUNCIL DECISION ON APPLICATION NO. 106, NORM KUBBINS, AGENT FOR STEVE REYBURN:
MEETING RECESSED AT 8:15 P. M. - RECONVENED 8:20 P. M.
It was moved by Councilman Lentz, seconded by Councilman Gray that the City Attorney
be authorized to prepare the necessary Ordinance on Application No. 106, changing
the Zone Class from PD to M-1 subject to the following:
(a) The dedication of necessary right-of-way for Woody Road at such time
as it has been determined with a limit not to exceed 30 feet;
(b) A request for voluntary annexation of the remaining portion of the 16
acre tract.
Motion passed 4 to 0.
79
REQUEST BY ENTER, INC. FOR RATE INCREASE AND CALL OF PUBLIC HEARING:
Mr. Roy Baker of Entex, Inc. appeared before the City Council and stated that a letter
of intent to change rates in Pearland had been filed with the City of Pearland.
The effect of this new rate schedule would be to increase the Company's revenues by
approximately $41,336.40 per year.
It was moved by Councilman Frauenberger, seconded by Councilman Gray that the Public
Hearing on this request be set for April 26, 1982, at 7:30 P. M., under Docketed Public
Hearings of the regular agenda.
Motion passed 4 to 0.
CHANGE IN ORDER OF BUSINESS:
UNFINISHED BUSINESS:
APPLICATION FOR CHANGE IN LAND USE, NO. 105, ROY C. POWERS:.
It was moved by Councilman Lentz, seconded by Councilman Gray that the item tabled,
being consideration of Application No. 105, be removed from the table.
Motion passed 4'to 0.
Mr. Roy Powers appeared before the City Council and requested that Application 105 be
amended so that the East one-half of said 14 acre tract be rezoned to General Business
and the West one-half of 14 acre tract remain Commercial, as originally requested.
It was moved by Councilman Gray, seconded by Councilman Lentz that necessary Ordinance
be prepared on the amended Application No. 105, Roy C. Powers.
Motion passed 4 to 0.
NEW BUSINESS: (Continued)
AUTHORIZATION FOR CITY MANAGER TO CONDUCT AUCTION OF CITY SURPLUS PROPERTY:
City Manager Wicker advised that May ll, 1982 has been set as a tentative date for an
auction of City surplus property. This date was selected since Renee Bates, the
Auctioneer, will be conducting one for Houston Lighting & Power Company and they can
draw on the same clientele. A list of the equipment and articles will be furnished to
the Council. Alvin and Friendswood will likely have some items in this Auction also.
It was moved by Councilman Lentz, seconded by Councilman Mack.that the City Manager be
authorized to proceed with an Auction of City surplus property on May 11, 1982.
Motion passed 4 to 0.
REVIEW OF BIDS RECEIVED ON BIDS NO. B82-6, CLEANING, REPAIRING AND PAINTING OF TOWER
AND WATER STORAGE TANKS:
j Bids reviewed by the City Council as follows:
BIDDER:
ITEM NO. DESCRIPTION Water Tank Service
Company
1 Cleaning, painting, repairing 50,000
gallon elevated water tank. $11,580
2 Cleaning, painting of 500,000 gallon
ground storage tank. $26,450
Alternate Alternate proposal on interior and
on Item #2 exterior of 500,000 ground storage tank. $12,608
TOTAL (ITEMS #1 AND #2) $38,030
TOTAL (ITEM #1 AND ALTERNATE ON ITEM #2) $24,188
BIDDER:
ITEM NO. DESCRIPTION Service Enterprise
Corporation
1 Cleaning, painting, repairing 50,000
gallon elevated water tank. $11,720
2 Cleaning, painting of 500,000 gallon
ground storage tank. $38,450
Alternate Alternate proposal on interior and
on Item #2 exterior of 500,000 ground storage tank. N/A
TOTAL (ITEMS #1 AND #2) $50,170
TOTAL (ITEM #1 AND ALTERNATE ON ITEM #2) N/A
BIDDER:
ITEM NO. DESCRIPTION Watertower Paint and
Repair Co., Inc.
1 Cleaning, painting, repairing 50,000
gallon elevated water tank. $20,327
2 Cleaning, painting of 500,000 gallon
ground storage tank. $35,706
Alternate Alternate proposal on interior and
on Item #2 exterior of 500,000 ground storage tank. N/A
TOTAL (ITEMS #1 AND #2) $56,033
TOTAL (ITEM #1 AND ALTERNATE ON ITEM #2) N/A
G#r.Y Jackson, Purchasing Agent, recommended that the City Council award the bid on
the elevated storage tower and reject the bids on the ground storage tanks, since the
amount in our present budget would only cover the one item. The rejected item could
be bid at a later date when funds are available.
It was moved by Councilman Lentz, seconded by Councilman Mack that Bid No. B82-6 be
awarded to Water Tank Service Company, Inc. in the amount of $11,580.
Motion passed 4 to 0.
MEETING RECESSED AT 8:40 P. M. - RECONVENED AT 9:15 P. M.
Texas Open Meeting's Law, Section II, Subsection (g) Legal.
RESOLUTION NO. R82-17, A RESOLUTION AUTHORIZING A BOND ELECTION:
Resolution No. R82-17 read in full by Councilmen Lentz, Mack, Gray and Frauenberger.
It was moved by Councilman Mack, seconded by Councilman Frauenberger that Resolution
No. R82-17 be passed and approved on first and only reading.
The Certificate and Resolution No. R82-17 reads in full as follows:
CERTIFICATE FOR RESOLUTION
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 12th day of
April, 1982, 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
Dennis M Frauenberger
Charles Mack
Alfred E. Lentz
Harry Farley
Terry Gray
Dorothy L. Cook
Mayor
Council Member
Council Member
Council Member
Council Member
Council Member
City Secretary
and all of said persons were present, except the following absentees: Harry Farley,
thus constituting a quorum. Whereupon, among other business, the following was trans-
acted at said meeting: a written
RESOLUTION CALLING BOND ELECTION
(the "Resolution") was duly introduced for the consideration of the City Council and
read in full. It was then duly moved and seconded that the Resolution be adopted;
and, after due discussion, said motion, carrying with it the adoption of the Resolution
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 Resolution adopted at the meeting
described in the above and foregoing paragraph is attached to and follows this certifi-
cate`; that the Resolution 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 Resolution;
that the persons named in the above and foregoing paragraph are the duly chosen, quali-
fied 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 subject of the afore-
said said meeting, and that the Resolution would be introduced and considered for adop-
tion 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 12th day of April, .1982.
/S/ Dorothy L. Cook
City Secretary
(SEAL)
/S/ Tom Reid
Mayor
RESOLUTION NO. R82-17
RESOLUTION CALLING BOND ELECTION
THE STATE OF TEXAS X
COUNTIES OF BRAZORIA AND HARRIS X
CITY OF PEARLAND X
WHEREAS, the City Council deems it necessary to call the election hereinafter
described;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT:
Section 1. An election shall be held in the CITY OF PEARLAND on the 15th day of
May, 1982, in which all resident, qualified electors of the City shall be entitled to
vote; the polls shall be open for voting from 7:00 a.m. to 7:00 p.m. at the following
polling place and the following are hereby appointed officers to conduct the election
at said polling place:
Jack Farmer
Ruby Bozka
POLLING PLACE:
Pearland High School Building
2337 North Galveston Avenue
Pearland, Texas
ELECTION OFFICERS:
Maximum number of clerks: 6
Presiding Judge
Alternate Presiding Judge
The presiding judge shall appoint not less than two or more than the maximum
number of election clerks specified above to serve at the polling place under his
jurisdiction. Said presiding judge and one such clerk, to be designated by such
presiding judge, shall also serve as the special canvassing board for absentee voting.
Dorothy L. Cook is hereby appointed as the clerk and Kay Krouse, Barbara Lenamon
and Dorothy Thompson the assistant clerks for absentee voting, and the:
Office of the City Secretary
City Hall
2335 North Texas Avenue
Pearland, Texas 77581
is hereby designated as the place for absentee voting for said election. Said clerks
shall keep said office open for at least eight (8) hours, that is, from 8:00 a.m. to
5:00 p.m., on each day for absentee voting which is not a Saturday, a Sunday, or an
official State holiday; provided, however, except as authorized by Article 5.05,
Subdivisions 3d and 3e, Texas Election Code, said clerks shall not permit anyone to
vote absentee by personal appearance on any day which is not a regular working day
for the clerk's office, and under no circumstances shall they permit anyone to vote
absentee by personal appearance at any time when such office is not open to the public.
Section 2. At said election the following PROPOSITIONS shall be submitted in
accordance with law:
PROPOSITION 1
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO
ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCI-
PAL AMOUNT OF $1,500,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO
MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES
AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW
OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE
CITY COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID
BONDS SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF
EACH SUCH SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS AND EXTENSIONS
TO THE WATERWORKS SYSTEM OF THE CITY, WITH FIRST PRIORITY TO BE GIVEN TO ADDITIONAL
WATER STORAGE FACILITIES, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE
CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND
PROVIDE A SINKING FUND TO PAY .THE PRINCIPAL OF SAID BONDS AS IT MATURES?
PROPOSITION 2
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO
ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCI-
PAL AMOUNT OF $1,000,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO
MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES
AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW
OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE
CITY COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF
SAID BONDS SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE
OF EACH SUCH SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING.IMPROVEMENTS AND
EXTENSIONS TO THE SANITARY SEWER SYSTEM OF THE CITY, AND TO LEVY AN ANNUAL TAX ON
ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS
IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS
AS IT MATURES?
PROPOSITION 3
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO
ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL
AMOUNT OF $900,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE
SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND
BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR
HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY
COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS
SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SUCH
SERIES OR ISSUE, FOR THE PURPOSE -OF CONSTRUCTING AND EQUIPPING A NEW PUBLIC LIBRARY
BUILDING FOR THE CITY, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY
SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A
SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES?
PROPOSITION 4
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO
ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCI-
PAL AMOUNT OF $700,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE
SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND
BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUMINTERESTRATE NOW OR
HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY
COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS
SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SUCH
SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A PUBLIC BUILDING IN
AND FOR THE CITY TO BE USED AS A COMMUNITY COMPLEX FOR PUBLIC ASSEMBLIES, MEETINGS, OR
EXHIBITIONS, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICI-
ENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINK-
ING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES?
PROPOSITION 5
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO
ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCI-
PAL AMOUNT OF $1,000,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE
SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND
BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR
HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY
COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS
SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SUCH
SERIES OR ISSUE, FOR THE PURPOSE OF THE CONSTRUCTION AND IMPROVEMENT OF THE ROADS,
BRIDGES, AND STREETS OF THE CITY, AND TO.LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY
!—' WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO
CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES?
PROPOSITION 6
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO
ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCI-
PAL AMOUNT OF $1,000,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE
SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND
BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR
HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY
COUNCIL, PROVIDED THAT SUCH INTERST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS
SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH
SUCH SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING PERMANENT DRAINAGE IMPROVEMENTS
FOR THE CITY, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFI-
CIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A
SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES?
Section 3. An electronic voting system, as defined and described by Article 7.15,
Texas Election Code, shall be used for said election, and the following are hereby
appointed officers of said election to serve at the Central Counting Station, which
is hereby established at the Brazoria County Courthouse:
Manager of the Central
Counting Station: J. C. McNeill
Tabulation Supervisor: Hoyt Holcomb
Presiding Judge for the
Central Counting Station: Roy Simmons, Jr.
The Manager and Presiding Judge of the Central.Counting Station shall appoint not more
than one clerk to serve at the Central Counting Station. The official ballot cards and
ballot labels, respectively, for the election shall be prepared in accordance with the
Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the afore-
said PROPOSITIONS which shall be set forth on such ballot cards and ballot labels in
substantially the following form:
Al
OFFICIAL BALLOT
PROPOSITION 1
( ) FOR ) THE ISSUANCE OF $1,500,000
( ) AGAINST )---WATERWORKS SYSTEM (WATER STORAGE)
BONDS
PROPOSITION 2
( ) FOR ) THE ISSUANCE OF $1,000,000
( ) AGAINST )---SANITARY SEWER SYSTEM BONDS
PROPOSITION 3
( ) FOR ) THE ISSUANCE OF $900,000
( ) AGAINST )---LIBRARY BUILDING BONDS
PROPOSITION 4
( ) FOR ) THE ISSUANCE OF $700,000
( ) AGAINST )---COMMUNITY COMPLEX BUILDING BONDS
PROPOSITION 5
( ) FOR ) THE ISSUANCE OF $1,000,000
( ) AGAINST )---STREET IMPROVEMENT BONDS
PROPOSITION 6
( ) FOR ) THE ISSUANCE OF $1,000,000
( ) AGAINST )---DRAINAGE IMPROVEMENT BONDS
Section 4. Notice of such election shall be given by posting a substantial copy
of this resolution in English and in Spanish at three (3) public places within the
City and also at the City Hall not less than fifteen days prior to the date set for
the election, and by publication thereof in English and in Spanish on the same day
in each of two successive weeks in a newspaper of general circulation in the City,
the date of the first publication to be not less than fourteen days prior to the
date set for the election.
Section 5. Said election shall be held in accordance with the Texas Election Code,
except as modified by the Federal Voting Rights Act of 1965, as amended.
Section 6. This resolution was read once by the City Council and shall take effect
immediately.
Section 7. It is hereby officially found and determined that the need of the City
for such financing creates an emergency and an urgent public necessity for the holding,
at the scheduled time, of the meeting of the City Council at which this resolution is
adopted and for the adoption of this resolution; and the NOTICE OF MEETING relating to
said meeting and heretofore posted by the City Secretary, and the posting thereof,
are hereby authorized, approved, adopted, and ratified.
PASSED AND APPROVED this 12th day of April, 1982.
/S/ Tom Reid
ATTEST: Mayor
CITY OF PEARLAND, TEXAS
/S/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
Voting on Resolution No. R82-17 - "Aye": Councilman Frauenberger, Councilman Mack,
Councilman Lentz, and Councilman Gray.
"No": None
Motion passed 4 to 0. Councilman Farley absent.
CHANGE IN ORDER OF BUSINESS:
UNFINISHED BUSINESS: (Continued)
INVOICE FROM LOSCO BUILDING SYSTEMS, INC. FOR EMS BUILDING AND FIRE STATION
It was moved by Councilman Mack, seconded by Councilman Lentz that the invoice from
Losco Building Systems, Inc. in the amount of $19,665.25 be paid from the appropriate
funds.
Motion passed 4 to 0.
FINAL ESTIMATE FOR BROWN & ROOT, INC.:
City Manager Wicker advised that the invoice covers the loo retainage held by the City
on the Brown & Root road construction project and he recommended that this retainage
be released.
It was moved by Councilman Lentz, seconded by Councilman Gray that the final estimate
in the amount of $32,604.61 be paid to Brown & Root, Inc. and the budget adjusted
accordingly, if necessary.
Motion passed 4 to 0.
NEW BUSINESS (Continued):
APPOINTMENT OF CITY HEALTH OFFICER:
It was moved by Councilman Gray, seconded by Councilman Frauenberger that Dr. David R.
Armbruster be appointed as Health Officer for the City effective April 18, 1982.
Motion passed 4 to 0.
FIRST READING OF ORDINANCE NO. 246-78, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 104, JOE LOSSEN, AGENT FOR
JOHNNY L. WARFORD/WARFORD INVESTMENTS.
Ordinance No. 246-78 read .in caption by Councilman Lentz. (First Reading)
It was moved by Councilman Lentz, seconded by Councilman Mack that Ordinance No. 246-78
be passed and approved on first of two readings. Said Ordinance No. 246-7.8 reads in
caption as follows:
ORDINANCE NO. 246-78
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE-
VELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS;
PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP;
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Lentz, and Council-
man Mack.
r Voting "No": None
Motion passed 4 to 0.
AUTHORIZATION FOR INSTALLATION OF STOP SIGNS:
City Manager read the following recommendation:
CITY OF PEARLAND, TEXAS
DIRECTOR OF PLANNING AND TRANSPORTATION
INSTALLATION OF TRAFFIC CONTROL DEVICES
Pursuant to the authority conferred on me by the City Council of the City of
Pearland, Texas, as Director of Planning and Transportation, I have caused to be
installed and erected under my direction traffic control devices as follows:
STOP SIGNS
said aforedescribed devices located at the following locations in the City of Pearland,
Texas, to -wit:
1. S.B. on Misty Lane at Parkview
2. S.B. on Old Alvin Road at John Lizer
I have personally inspected said aforementioned traffic control devices.
Signed this 8th day of April, A. D., 1982.
/S/ Ronald J. Wicker
Ronald J. Wicker, City Manager/Director
of Planning and Transportation
Filed in the office of the City Secretary
this 8th day of April, A. D., 1982.
/S/ Dorothy L. Cook
City Secretary, City of Pearland, Texas
No. 40
It was moved by Councilman Gray, seconded by Councilman Frauenberger that the Stop
Signs,as described in City Manager Wicker's Report No. 40, be approved and ratified
by the City Council.
Motion passed 4 to 0.
AUTHORIZATION FOR CITY ATTORNEY TO PREPARE INDUSTRIAL WASTE ORDINANCE:
It was moved by Councilman Lentz, seconded by Councilman Mack that the City Attorney
be authorized to prepare an Industrial Waste Ordinance as recommended by the Committee
for consideration by the City Council.
Motion passed 4 to 0.
MEETING RECESSED AT 9:45 P. M. TO EXECUTIVE SESSION UNDER TEXAS OPEN MEETING'S LAW,
SECTION II, SUBSECTION (g) PERSONNEL:
RETURN TO OPEN SESSION AT 10:04 P. M.
ELECTION OF MAYOR PRO TEM:
It was moved by Councilman Mack, seconded by Councilman Frauenberger that Terry Gray
be elected as Mayor Pro Tem.
Motion passed 3 to 0. Councilman Gray abstained.
OTHER BUSINESS:
RECESSED AT 10:05 P. M. TO EXECUTIVE SESSION UNDER TEXAS OPEN MEETING'S LAW, SECTION
II, SUBSECTION (e) LEGAL AND (g) PERSONNEL.
RETURNED TO OPEN SESSION AT 11:00 P. M. - NO ACTION
ADJOURN:
Meeting adjourned 11:00 P. M.
Minutes approved as submitted and/or corrected this theay of
I A. D., 1982.
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Mayor
ATTEST:
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City Secretary
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