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1982-06-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 28, 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 Charles R. Mack Al Lentz Dennis Frauenberger Vacant Ronald J. Wicker Bobby J. Williams (entered 7:45 P.M.) Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Mayor Pro Tem Gray. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the minutes of the regular meeting held on June 14, 1982 be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported on the trip to New York by he and members of the City Staff to "r meet with Moodys and Standard and Poors in an effort to maintain or improve our current bond rating. He advised that he felt that this trip was successful. Mayor Reid reported on the opening of a Hindu Temple located on McLean Road. COUNCIL ACTIVITY REPORTS: Councilman Mack requested a workshop on the amendments to the Zoning Ordinance on the 19th of July. This would be joint between the Planning & Zoning Commission and the Council. Councilman Lentz reported that the City has received 48 Qualification State- ments from Engineers interested in doing work on bond project. The staff has now started the process of selection. DEPARTMENTAL REPORTS: City Manager Wicker reported that we should know our bond rating by the end of this week. He also reported that a meeting was held on Saturday, June 26, 1982, with members of the Library Board, Councilman Frauenberger, and with the Architect. It looks like,- at about the time we have the money in hand, we will be ready to authorize work on the plans and specifications for the Library Building and Community Building. —� CITIZENS: Mr. G. E. Stourton - Mr. Stourton appeared before the City Council requesting that the City Council approve a design for a private street in a proposed subdivision that would be located in the extra territorial jurisdiction of the City. DOCKETED PUBLIC HEARINGS: None CHANGE IN ORDER OF BUSINESS NEW BUSINESS: DESIGN OF A PRIVATE STREET FOR A PROPOSED SUBDIVISION REQUEST BY G. E. STOURTON: After a discussion with Mr. Stourton regarding this request and the Subdivision Ordinance of the City, the following motion was made: It was moved by Councilman Gray, seconded by Councilman Frauenberger that the City not accept the design of a private street, as requested by Mr. Stourton, in the proposed subdivision located in the City of Pearland's extra territorial jurisdiction. Motion passed 4 to 0. PRESENTATION BY CLEAN PEARLAND COMMITTEE AND REQUEST FOR FUNDING: Gary Jackson reported that the Clean Pearland Committee is a non-profit organization affiliated with the National CleanCommunity System (CCS) and is composed of segments of the business community, schools, government, civic groups, churches, media, and individual private citizens. The basic goal of this organization is to develop and maintain an ongoing community -wide organization for the abatement of litter. Mr. Jackson also advised that the Clean Pearland Committee would like a contribution from the City to help cover the following items through September 30, 1982: 1) Printing 2) Advertising 3) Recycling Center 4) Waste -in-place program 5) Awards 6) Keep America Beautiful (KAB) film 7) Film and developing 8) Legal fees for formation 9) Miscellaneous After discussion regarding the amount of possible.fund.ng needed by this organization, the following motion was made: It was moved by Councilman Gray, seconded by Councilman Lentz that the City fund $5,000 to the Clean Pearland Committee with the funds to be available until September 30, 1982, and the budget adjusted accordingly. Motion passed 4 to 0. MEETING RECESSED 8:50 P. M. - RECONVENED AT 9:02 P. M. UNFINISHED BUSINESS: ORDINANCE NO. 246-80, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE ROY POWERS, APPLICATION NO. 105 (AMENDED): This item to be on a future agenda. NEW BUSINESS: (Continued) APPROVAL OF OFFICIAL NOTICE OF SALE - $6,100,000 PERMANENT IMPROVEMENT BONDS, SERIES 1982: It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the City - Council accept in the form, the Official Notice of Sale, Preliminary Official Statement, and Official Bid form, presented by Underwood -Neuhaus & Company, for the upcoming sale of $6,100,000 in Permanent Improvement Bonds. Motion passed 4 to 0. ORDINANCE NO. 442, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $6,100,000 PERMANENT IMPROVE- MENT BONDS, SERIES 1982: Ordinance No. 442 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Frauenberger that Ordinance No. 442 be passed and approved on first of two readings. Said Certificate and Ordinance No. 442, as passed and 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 28th day of June, 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 Terry Gray Dennis M. Frauenberger Charles Mack Alfred E. Lentz (Vacant) Dorothy L. Cook Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member City Secretary and all of said persons were present, except the following absentees: None, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF $6,100,000 PERMANENT IMPROVEMENT BONDS, SERIES 1982 (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. ORDINANCE NO. 442 ORDINANCE AUTHORIZING THE ISSUANCE OF $6,100,000 PERMANENT IMPROVEMENT BONDS, SERIES 1982 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 May, 1982; and WHEREAS, the City Council now deems it advisable to issue, sell, and deliver said bonds; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: Section 1. The City's negotiable, serial, coupon bonds to be designated CITY OF PEARLAND, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1982 (hereinafter called the "Bonds"), are hereby authorized to be issued and delivered in the aggregate principal amount of $6,100,000 for the following purposes: 117 (1) $1,500,000 for constructing improvements and extensions to the waterworks system of the City, with first priority to be given to additional water storage facilities; (2) $1,000,000 for constructing improvements and extensions to the sanitary sewer system of the City; (3) $900,000 for constructing and equipping a new public library building for the City; (4) $700,000 for constructing and equipping a public building in and for the City to be used as a community complex for public assemblies, meetings, or exhibitions; (5) $1,000,000 for the construction and improvement of the roads, bridges, and streets of the City; and (6) $1,000,000 for constructing permanent drainage improvements for the City. Section 2. The Bonds shall be dated July 1, 1982, shall be numbered consecutively from 1 through 1,220, shall be in the denomination of $5,000 each, and shall mature serially on March 1 of each of the years, and in the amounts, respectively, as set forth in the following schedule: YEAR AMOUNT YEAR AMOUNT 1984 $100,000 1991 $450,000 1985 150,000 1992 500,000 1986 175,000 1993 550,000 1987 225,000 1994 650,000 1988 300,000 1995 750,000 1989 350,000 1996 750,000 1990 400,000 1997 750,000 The Bonds may be redeemed prior to their scheduled maturities, at the option of the City, on the dates stated and in the manner provided in the FORM OF BOND set forth in this ordinance. Section 3. The Bonds shall bear interest at a rate or rates per annum which shall not exceed the maximum permitted by Article 717k-2, V.T.C.S., as amended; such interest rates shall be those proposed in the bid for the purchase of the Bonds which results in the lowest net interest cost to the City and such interest shall be evidenced by interest coupons which shall appertain to the Bonds and which shall be payable on the dates in- dicated in the FORM OF BOND set forth in this ordinance. Section 4. The Bonds, and the interest coupons appertaining thereto, shall be payable, shall have the characteristics, and shall be signed and executed (and the Bonds shall be sealed), all as provided and in the manner indicated in the FORM OF BOND set forth in this ordinance. Section 5. The form of the Bonds, including the form of registration certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of the Bonds, and the form of the aforesaid interest coupons which shall apper- tain and be attached initially to each of the Bonds, shall be, respectively, substantially as follows: FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT BOND SERIES 1982 ON MARCH 1, 19 , the CITY OF PEARLAND (the "City"), in the Counties of Brazoria and Harris, in the State of Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenced by interest coupons payable March 1, 1983, and semiannually thereafter on each September 1 and March 1 while this Bond is outstanding. The principal of this Bond and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America without exchange or collection charges to the bearer, upon presentation and surrender of this Bond or proper interest coupon at the PEARLAND STATE BANK, Pearland, Texas, or, at the option of the holder, at , , Texas, which banks shall be the paying agents for this series of Bonds, THIS BOND is one of a series of negotiable, serial, coupon bonds, dated July 1, 1982, numbered consecutively from 1 through 1,220, in the denomination of $5,000 each, - issued in the aggregate principal amount of $6,100,000 for the following purposes: (1) $1,500,000 for constructing improvements and extensions to the waterworks system of the City, with first priority to be given to additional water storage facilities; (2) $1,000,000 for constructing improvements and extensions to the sanitary sewer system of the City; (3) $900,000 for constructing and equipping a new public library building for the City; (4) $700,000 for constructing and equipping a public building in and for the City to be used as a community complex for public assemblies, meetings, or exhibitions; (5) $1,000,000 for the construction and improvement of the roads, bridges, and streets of the City; (6) $1,000,000 for constructing permanent drainage improvements for the City; in accordance with Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, as amended, and pursuant to an election held within the City on the 15th day of May, 1982. ON MARCH 1, 1991, OR ON ANY INTEREST PAYMENT DATE THEREAFTER, the outstanding Bonds of this series may be redeemed prior to their scheduled maturities, at the option of the City, IN WHOLE, OR IN PART IN INVERSE NUMERICAL ORDER, for the principal amount thereof and accrued interest thereon to the date fixed for any such redemption. At least thirty days prior to the date fixed for any such redemption, the City shall cause a written notice of such redemption to be mailed to the banks at which the Bonds are payable and published at least once in a financial publication published in the City of New York, New York, or in the City of Austin, Texas. By the date fixed for any such redemption, due provision shall be made with the paying agents for the payment of the required redemption price. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities; and they shall not be regarded as being outstanding except for the purpose of being paid by the paying agents with the funds so provided for such payment. IT IS HEREBY certified, recited, and convenanted that this Bond has been duly and validly voted, authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this Bond have been performed, existed, and 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 taxable property in the City and have been pledged for such payment within the limits prescribed by law. IN WITNESS WHEREOF, this Bond and the interest coupons appertaining hereto have been signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Secretary of the City, respectively, and the offi- cial seal of the City has been duly impressed, or placed in facsimile, on this Bond. COUNTERSIGNED: xxxxxxxxxx City Secretary CITY OF PEARLAND, TEXAS (SEAL) xxxxxxXXXx Mayor CITY OF PEARLAND, TEXAS FORM OF REGISTRATION CERTIFICATE: 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 ! xxxxxxxxxx (SEAL) Comptroller of Public Accounts of the State of Texas FORM OF INTEREST COUPON: NO. $ ON 1, 19 the CITY OF PEARLAND, in the Counties of Brazoria and Harris, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to maturity of the Bond to which this coupon appertains, upon presentation and surrender of this interest coupon, at the PEARLAND STATE BANK, Pearland, Texas, or, at the option of the holder, at ,, , Texas, said amount being interest due that day on the Bond bearing the number hereinafter designated of that issue of CITY OF PEARLAND, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1982, dated July 1, 1982. Bond No. xxxxxxxxxx xxxxxxxxxx City Secretary Mayor Section 6. A special fund or account, to be designated the "City of Pearland, Texas, Permanent Improvement Bonds, Series 1982, Interest and Sinking Fund" (hereinafter called the "Interest and Sinking Fund"), is hereby created and shall be established and maintained by the City at an official depository bank of the City. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest coupons appertaining thereto are outstanding and unpaid, the City Council of the City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest comes 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 2% of the original principal amount of the Bonds as a sinking fund each year; and said tax shall be based on the latest approved tax rolls of the City, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be levied, against all taxable property in the City for each year while any of the Bonds or interest coupons appertain- ing thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment within the limits prescribed by law. Section 7. Immediately following delivery of the Bonds to the purchaser thereof, the accrued interest and premium, if any, shall be deposited in the Interest and Sinking Fund. Section 8. The City certifies that based upon all facts and estimates now known or reasonably expected to be in existence on the date the Bonds are delivered and paid for, the City reasonably expects that the proceeds of the Bonds shall 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 regulations 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 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 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 regu- lations prescribed from time to time thereunder. Section 9. The Mayor of the City is hereby authorized to have control of the Bonds and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each Bond; and the seal of the Comptroller shall be impressed, or placed in facsimile, on each of the Bonds. Section 10. The Bonds are hereby sold and shall be delivered to that bidder, or bidders, submitting the bid which results in the lowest net interest cost to the City subject to a resolution hereafter to be adopted by the City Council, for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ , subject to the unqualified approving opinions, as to the legality of the Bonds, of the Attorney General of the State of Texas and of Vinson & Elkins, Houston, Texas, market attorneys. Section 11. The approving opinion of Vinson & Elkins, Houston, Texas, and Cusip Numbers may be printed on the back of each of the Bonds, but errors or omissions in such opinion, or errors in or omissions of such numbers, shall have no effect on the validity of the Bonds. Section 12. The Mayor and all other appropriate officers of the City are hereby authorized and directed to do any and all things necessary or convenient to carry out the provisions of this ordinance. Section 13. This ordinance shall take effect immediately upon its passage fol- lowing the second and final reading thereof. Section 14. The Official Notice of Sale, Official Statement and Official Bid Form relating to the Bonds and submitted to the City Council are found to be correct and are hereby approved. Section 15. 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 ordi- nance is adopted and for the adoption of this ordinance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, is hereby authorized, approved, adopted, and ratified. PASSED AND APPROVED this 28th day of June, 1982. ATTEST: /S/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) VOTING RECORD: /S/ Tom Reid Mayor CITY OF PEARLAND, TEXAS Voting "Aye": Councilman Frauenberger, Councilman Gray, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 4 to 0. 2� I CALL OF PUBLIC HEARING ON HOUSTON LIGHTING & POWER COMPANY'S REQUEST FOR RATE INCREASE: The Houston Lighting & Power Company submitted a letter dated June 16, 1982 along with rate filing package requesting a rate increase. It was moved by Councilman Gray, seconded by Councilman Lentz that a Public Hearing be called under Docketed Public Hearings of the regular agenda of July 12, 1982 on this requested increase by the Houston Lighting & Power Company. �-- Motion passed 4 to 0. RESOLUTION NO. R82-26, A RESOLUTION SUSPENDING THE PROPOSED IMPLEMENTATION BY HOUSTON LIGHTING &POWER COMPANY OF REVISED RATES TO BE CHARGED IN THE CITY OF PEARLAND: Resolution No. R82-26 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Mack that Resolution No. R82-26 be passed and approved on first and only reading. Said Resolution No. R82-26 reads in caption as follows: RESOLUTION NO. R82-26 A RESOLUTION SUSPENDING THE PROPOSED IMPLEMENTATION BY HOUSTON LIGHTING & POWER COMPANY OF REVISED RATES TO BE CHARGED IN THE CITY OF PEARLAND, TEXAS. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, and Councilman Frauenberger. Voting "No": None Motion passed 4 to 0. USE OF INDEPENDENCE PARK BY CHAMBER OF COMMERCE ON JULY 4, 1982, AND APPROVAL OF PUBLIC DISPLAY OF FIREWORKS AS OUTLINED IN LETTER DATED JUNE 18, 1982, FROM WALT LACKEY: It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the Chamber of Commerce be granted permission to use Independence Park for a July 4, 1982, celebration and that approval of public display of fireworks, as outlined in Mr. Lackey's letter of June 18, 1982, be granted. Motion passed 4 to 0. REVIEW AND APPROVAL OF PLANS AND AUTHORIZATION TO BID COVERED PAVILION IN INDEPENDENCE PARK: City Engineer Dick Qualtrough presented plans and specifications for the covered pavilion to be built in Independence Park. Mayor Reid recessed the meeting at 9:20 P. M. to permit the Council to review this submission by the Engineer. Meeting reconvened at 9:25 P. M. It was moved by Councilman Gray, seconded by Councilman Frauenberger that the City Manager be authorized to bid the pavilion for Independence Park as per plans and specification submitted by the City Engineer and reviewed by the City Council. Motion passed 4 to 0. ORDINANCE NO. 110D-5, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF PEAR - LAND: Ordinance No. 11OD-5 read in caption by Councilman Mack.'' It was moved by Councilman Mack, seconded by Councilman Frauenberger that Ordinance No. 11OD-5 be passed and approved on first of two readings. Said Ordinance No. 11OD-5 reads in caption as follows: ORDINANCE NO. 11OD-5 AN ORDINANCE AMENDING CHAPTER 9, OF THE CODE OF ORDINANCES 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 Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": Councilman Gray Motion passed 3 to 1. AUTHORIZATION FOR MAYOR TO APPROVE RIGHT-OF-WAY EASEMENT DEED FROM LONGWOOD RANCHETTES INC., ET AL: It was moved by Councilman Mack, seconded by Councilman Frauenberger that the Mayor be authorized to sign, as approved, the right-of-way easement deed from Longwood Ranchettes, Inc., et al, and ratify the payment made by the City Manager for this easement. Motion passed 4 to 0. ADJUSTMENT IN ANNUAL COMPENSATION FOR CITY MANAGER AND AUTHORIZATION FOR THE BUDGET TO BE AMENDED ACCORDINGLY: It was moved by Councilman Gray, seconded by Councilman Lentz that the annual compensation for the City Manager be increased to $40,000 and the budget be adjusted accordingly. Motion passed 4 to 0. OTHER BUSINESS: Meeting recessed at 9:45 P. M. to Executive Session under Texas Open Meeting's Law, Section II, Subsection (g), Personnel. Meeting reconvened at 10:46 P. M. - No action as a result of Executive Session. ADJOURN: Meeting adjourned 10:46 P. M. Minutes approved as submitted and/or corrected this the %o2- day of , A. D., 1982. Mayor ATTEST: Asst. City Se#retary