1982-05-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
MAY 24, 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
Council Position No. 3
City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Tom Reid
Terry Gray
Al Lentz (Entered 7:45 P. M.)
Charles R. Mack
Dennis Frauenberger
Vacant
Ronald J. Wicker
Bobby J. Williams
Dorothy L. Cook
The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Mr. Walt
Lackey, President of the Pearland Area Chamber of Commerce.
APPROVAL OF MINUTES:
It was moved by Councilman Frauenberger, seconded by Councilman Mack that the minutes
of the regular meeting held on May 10, 1982 be approved as submitted.
Motion passed 3 to 0. Councilman Lentz not present at this time.
It was moved by Councilman Mack, seconded by Councilman Frauenberger that the minutes
of the special meeting held on May 17, 1982 be approved as submitted.
Motion passed 3 to 0.
MAYOR'S ACTIVITY REPORT:
Mr. Walt Lackey, President of the Pearland Area Chamber of Commerce, presented a check
in the amount of $2,500.00 from the Chamber of Commerce for use in the building of a
pavilion at Independence Park. Mayor Reid accepted the donation on behalf of the City
and thanked the Chamber for the $2,500.00.
COUNCIL ACTIVITY REPORTS:
Councilman Gray reported that a meeting was held with Meca Cable TV and discussed with
them the installation of the cable in Pearland, and they informed us that they were
nearly'95%'complete.Councilman Gray reported that they also discussed the delay pen-
alties due the City. A meeting will be held sometime in June to further discuss the
penalties.
DEPARTMENTAL REPORTS:
None
CITIZENS:
None
DOCKETED PUBLIC HEARINGS:
None
UNFINISHED BUSINESS:
ORDINANCE NO. 440, AN ORDINANCE FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX
INC.:
Ordinance No. 440 read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Mack that Ordinance
No. 440 be passed and approved on second and final reading. Said Ordinance No. 440
reads in caption as follows:
ORDINANCE NO. 440
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FIXING
AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC.
FOR GAS AND GAS SERVICE TO RESIDENTIAL AND SMALL COM-
MERCIAL CUSTOMERS WITHIN THE CITY OF PEARLAND, TEXAS,
ESTABLISHING THE EFFECTIVE DATE; REPEALING ALL ORDI-
NANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVER-
ABILITY.
Voting "Aye": Councilman Frauenberger, Councilman Mack, Councilman Lentz, and Council-
man Gray.
Voting "No": None
Motion passed 4 to 0.
ORDINANCE NO. 246-79-,-AN-ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE
NORM KUBBINS, AGENT FOR STEVE REYBURN, APPLICATION NO. 106:
Ordinance No. 246-79 read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman Mack, seconded by Councilman Gray that Ordinance No.
246-79 be passed and approved on second and final reading contingent upon the
execution of an instrument deeding 20 feet of additional right-of-way on Woody Rd. `
Said Ordinance No. 246-79 reads in caption as follows:
ORDINANCE NO. 246-79
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS;
PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP;
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO-
VISIONS RELATING TO THE SUBJECT.
Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray and Councilman
Frauenberger.
Voting "No": None
Motion passed 4 to 0.
The metes and bounds description of the property involved in the right-of-way has been
furnished to the City by the applicant for the zone change and the proper instrument
will be prepared by the City Attorney for execution by the owner.
CHANGE IN ORDER OF BUSINESS
NEW BUSINESS:
RESOLUTION NO. R82-20, A RESOLUTION OF THE CITY OF PEARLAND DETERMINING CHARGES FOR
RECONNECTION AFTER DISCONNECTION OF UTILITY SERVICE FOR NONPAYMENT OF BILL:
A discussion was held with members of the staff regarding the cost to the City for
reconnection after disconnection of utility service and discussed the proposed
Resolution increasing the fee from $5.00 to $15.00. The City Manager suggested that
the staff attempt to get a cost based on a yearly survey of delinquent bills, and
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present to the City Council for review to ascertain whether or not the $15.00, as
set out in Resolution No. R82'-20, should be increased.
Resolution No. R82-20 was read in full by Councilman Mack.
It was moved by Councilman Mack, seconded by Councilman Lentz that Resolution No.
R82-20 be passed and approved on first and only reading. Said Resolution No. R82-20
reads in caption as follows:
RESOLUTION NO. R82-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING CHARGES FOR RECONNECTION AFTER DIS-
CONNECTION OF UTILITY SERVICE FOR NONPAYMENT OF BILL, AS
PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-42 OF THE
CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Voting "Aye": Councilman Frauenberger, Councilman Gray, Councilman Mack, and Council-
man Lentz.
Voting "No": None
Motion passed 4 to 0.
BID NO. B82-8, DRILLING OF WATER WELL NO. 7:
The City Council reviewed the following bids:
BIDDER
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Layne Texas Company $142,900.00
Alsay-Texas Corporation $164,980.00
Layne Western Company, Incorporated $169,477.00
City Manager Ron Wicker and Purchasing Agent Gary Jackson recommended that the bid be
awarded to Layne Texas Company as the lowest and best bidder.
It was moved by Councilman Lentz, seconded by Councilman Gray that Layne Texas Company
be awarded Bid No. B82-8 in the amount of $142,900.00 for drilling of Water Well No.
7 and that the Mayor be authorized to sign the contract.
Motion passed 4 to 0.
UNFINISHED BUSINESS: (CONTINUED)
ORDINANCE NO. 224-5, AN ORDINANCE AMENDING CHAPTER 7, OF THE CODE OF ORDINANCES RELATING
TO THE BUILDING CODE OF THE CITY OF PEARLAND:
Ordinance No. 224-5 read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Mack that Ordinance No.
224-5 be passed and approved on second and final reading. Said Ordinance No. 224-5
reads in caption as follows:
ORDINANCE NO. 224-5
AN ORDINANCE AMENDING CHAPTER 7, OF THE CODE OF THE CITY
OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC
SECTIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, and Councilman
Frauenberger.
Voting "No": None
Motion passed 4 to 0.
ORDINANCE NO. 246-80, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE
ROY POWERS, OWNER - APPLICATION NO. 105 (AMENDED):
This item to be considered at the next regular meeting.
NEW BUSINESS: (CONTINUED)
RESOLUTION NO. R82-21, A RESOLUTION PROVIDING. FOR THE APPROVAL OF AGREEMENT BETWEEN
THE STATE OF TEXAS AND THE CITY OF PEARLAND REGARDING INSTALLATION OF TRAFFIC SIGNAL
F.M. 518 AT MYKAWA ROAD:
Resolution No. R82-21 read in full by Councilman Lentz.
It was moved by Councilman Lentz, seconded by Councilman Frauenberger that Resolution
No. R82-21 be passed and approved on first and only reading. Said Resolution No.
R82-21 reads in caption as follows:
RESOLUTION NO. R82-21
A RESOLUTION PROVIDING FOR THE APPROVAL OF THE AGREEMENT
DATED MAY 24, 1982, BETWEEN THE STATE OF TEXAS AND THE
CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUCTION,
EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY
SIGNAL PROJECT AT THE LOCATION SHOWN ON EXHIBIT 1,
ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF
PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT;
AND DECLARING AN EMERGENCY.
Voting "Aye": Councilman Frauenberger, Councilman Gray, Councilman Mack and
Councilman Lentz.
Voting "No": None
Motion passed 4 to 0.
RESOLUTION NO. R82-22, A RESOLUTION AUTHORIZING MAYOR TO EXECUTE FINANCIAL ADVISORY
MMTRArT WTTR TTmnF.RwnnT) mFTTTTATTS F. (.nMPANY-
Resolution No. R82-22 read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Resolution
No. R82-22 be passed and approved on first and only reading with the same being
amended to show Exhibit "A" - Contract with Underwood Neuhaus & Company as attached.
Said Resolution No. R82-22 reads in caption as follows:
RESOLUTION NO. R82-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE
A FINANCIAL ADVISORY CONTRACT BY AND BETWEEN THE
CITY OF PEARLAND AND UNDERWOOD, NEUHAUS & COMPANY.
Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, and Councilman
Frauenberger.
Voting "No". None
Motion passed 4 to 0.
RESOLUTION NO. R82-23, A RESOLUTION SUSPENDING THE PROPOSED RATE INCREASE BY TEXAS -
NEW MEXICO POWER COMPANY FOR AN ADDITIONAL 30 DAYS:
Resolution No. R82-23 read in full by Councilman Gray.
It was moved by Councilman Gray, seconded by Councilman Frauenberger that Resolution
No. R82-23 be passed and approved on first and only reading. Said Resolution No.
R82-23 reads in caption as follows:
RESOLUTION NO. R82-23
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUSPENDING
FOR AN ADDITIONAL 30 DAYS THE RATE CHARGES HERETOFORE
FILED BY TEXAS NEW MEXICO POWER COMPANY AND PREVIOUSLY
SUSPENDED BY THE CITY COUNCIL FOR 120 DAYS BY RESOLUTION
NO. R82-1.
Voting "Aye": Councilman Frauenberger, Councilman Gray, Councilman Mack and
Councilman Lentz.
Voting "No": None
Motion passed 4 to 0.
ORDINANCE NO. 441, AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES BY
ADDING A NEW ARTICLE V TO BE ENTITLED "FIRE LANES":
Ordinance No. 441 read in caption by Mayor Reid. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 441
be passed and approved on first of two readings. Said Ordinance No. 441 reads in
caption as follows:
ORDINANCE NO. 441
AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF
ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY
ADDING THERETO A NEW ARTICLE V TO BE ENTITLED
"FIRE LANES"; PROVIDING AN EFFECTIVE DATE AND
CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, and Councilman
Frauenberger.
Voting "No": None
Motion passed 4 to 0.
LETTER FROM CITY OF HOUSTON REGARDING ANTICIPATED HOUSTON LIGHTING & POWER COMPANY'S
REQUEST FOR RATE INCREASE:
The letter from the City of Houston, proposing to take in the upcoming rate case for
all cities with original jurisdiction in the Houston Lighting & Power's system to act
together to evaluate the rate application, was discussed by the City Council. City
Manager Wicker stated that he felt that we needed to check and find out exactly what
they have in mind. We have joined other cities in the Texas Municipal League in the
past and have been very successful for the money we spent.
It was moved by Councilman Lentz, seconded by Councilman Gray that the Mayor be
authorized to write a letter to the City of Houston requesting additional information
on this proposal and/or staff visits to ascertain additional data on this proposal.
Motion passed 4 to 0.
AC2UISITION OF PROPERTY - MELVIN P... SMITH:
To be considered after Executive Session.
APPOINTMENTS:
To be considered after Executive Session.
OTHER BUSINESS:
RECESSED AT 8:45 P. M.
EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION II, SUBSECTION (f) PURCHASE,
EXCHANGE OR VALUE OF REAL PROPERTY AND SECTION II, SUBSECTION (g) PERSONNEL
RETURNED TO OPEN SESSION AT 9:04 P. M.
ACQUISITION OF PROPERTY - MELVIN P. SMITH:
It was moved by Councilman Frauenberger, seconded by Councilman Gray that the City
Manager be authorized to negotiate for the City of Pearland the purchase of right-
of-way and the 16 inch sewer line in the underdeveloped portion of Longwood Park
with the sum not to exceed $25,000.00, and to set building set back lines along Paul
Street at a minimum of 75 feet.
Motion passed 4 to 0.
RETURNED TO EXECUTIVE SESSION TO DISCUSS ITEM OF PERSONNEL
RETURNED TO OPEN SESSION AT 10:00 P. M. - NO ACTION
ADJOURN:
Meeting adjourned at 10:00 P. M.
lle��Minutes approved as submitted and/or corrected this the ay of
A. D., 1982.
v
Mayor
ATTEST:
City Secretary