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1982-07-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 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 Council Position No. 3 City Manager City Attorney Assistant City Secretary Fiscal Agent INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Terry Gray Al Lentz Dennis Frauenberger Charles R. Mack Vacant Ronald J. Wicker Bobby Williams (entered at 7:34 P.M.) Kay Krouse Frank Ildebrando, Underwood, Neuhaus & Co. The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Mrs. Anna Lentz, President of the PTA Advisory Council. BID OPENING - SEALED BIDS OPENED FOR $6,100,000 PERMANENT IMPROVEMENT BONDS, SERIES 1982: ACCOUNT. MATURITIES i Cowen & Company/ 1984-1990 j Rowles Winston 1991 �- Division (Mgr.) 1992 A. G. Becker, Inc. 1993 Capital Bank 1994 Securities Corp. 1995 of Iowa/Chicago 1996-1997 Westcap Securities, Inc. Thompson McKinnon Securities In association with: Republicbank Dallas (Jt. Mgr.) The Fort Worth National Bank (Jt. Mgr.) Interfirst Bank Dallas Smith Barney, Harris Upham & Co., Inc. I Rauscher Pierce Refsnes, 1984-19.88 Inc. 1989 Merrill Lynch White Weld 1990-1992 Capital Markets Group 1993 Rotan Mosle, Incl 1994 In association with: 1995 Cullen Center Bank & 1996 Trust 1997 National Bank of Commerce of Dallas Allied Bank of Texas Pearland State Bank Underwood, Neuhaus & Co., Inc. Dean Witter Reynolds, Inc. Kidder Peabody & Co. Texas Commerce Bank INTEREST RATE 12.00% 10.60% 10.90% 11.15% 11.40% 11.75% 12.00% 12.50% 11.70% 11.00% 11.25% 11.50% 11.75% 12.00% 12.20% NET EFFECTIVE INTEREST INTEREST PREMIUM COST RATE -0- $7,248,116.66 11.6357% $376.50 $7,285,748.50 11.696185% Good Faith Deposit of $122,000.00 from First City National Bank of Austin acknowledged. The bids were received into the records of the City and referred to the Fiscal Agent for tabulation and recommendation. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the minutes of a regular meeting on June 28, 1982, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that he was very pleased with the Bond ratings the City received last week; the City obtained a rating from "A-" to "A" from Standard and Poor's and maintained its "A" rating from Moody's. He feels this speaks very highly of the City. Mayor Reid asked City Manager Ron Wicker to discuss the visit last week of Mr. Osmore with the FEMA Flood Insurance. City Manager Wicker stated that Mr. Osmore assured him that within three weeks new emergency flood plain maps would be available for our review, at which time anyone interested could come by to look at the maps. Mr. Osmore said after review it would take from nine to 11 months for final approval of these maps. At present, everyone pays the same rate under the emergency insurance plan, which entitles coverage up to $35,000. Under the new plan, if you are in Zone A, the primary flood area, you can pay a higher rate and get coverage up to $150,000. If you are in Zone B or C, the rate diminishes appropriately. Also, under this plan, if your lot is in the flood plain Zone A area and you built above that flood elevation, you could qualify for either the B zone or the C zone. City Manager Wicker stated that the staff would be working up a time schedule to present to the news media and to the Council so everyone would be informed as to when the public meeting will take place. - — Mayor Reid requested Councilman Gray, along with the Landfill Contract Committee, to investigate the potential problems of citizens and people outside the City Limits dumping waste at Landfill Site; with the possibility of establishing some guidelines along that line. COUNCIL ACTIVITY REPORTS: Councilman Lentz announced that there will be a meeting of the Engineering Qualification Review Committee, Saturday, July 17, at 9:30 A.M. Councilman Gray reported that on July 4, the Inner Tube Team brought the trophy home by winning the Annual July 4, Inner Tube Race. The team consisted of Ron Wicker, Terry Gray, Al Lentz and lifeguard Robert Cantu. DEPARTMENTAL REPORTS: City Manager Ron Wicker reported that last Friday he went to Austin to attend a Public Hearing on some previous Southwestern Bell rate cases before the Public Utility Com- mission. CITIZENS: Mr. Toby Lytle, President of Board of Trustees, Pearland Independent School District, gave a slide presentation on behalf of the School Board's request that the fencing requirements at the new Sam Jamison Middle School be waived. Ms. Eddie Marie Childers, Vice President of the Jamison Middle School PTA, read the following letter to the Council from Shirley Long, President of the Jamison Middle School PTA.: 2404 Creek Ridge Pearland, Texas 77581 July 7, 1982 Dear City Council, Please do not grant Pearland Independent School District's request that the District not be required to build and maintain a fence at the back of Jamison Middle School. As a parent of a student who will be attending Jamison and as a taxpayer in the school district, I want the fence built. As you are aware, we in PTA along with other members of the community are beginning a war against drugs and the spread of drugs among our young people in Pearland. I feel the lack of a fence will make access to Jamison's grounds easily available to undesirables. The lack of a fence will permit coming and going by the students to areas unsupervised and not visible to supervision. The lack of a fence can cause unnecessary friction between students and residents and residents and school personnel as students will most certainly transgress property if the way is open. Also, if this requirement for a fence is lifted at this point, more time and deliberation will be spent in the future when trouble occurs and the problem will be debatable as to whose responsibility it is to build the fence. Again, I ask that you deny the request to lift the requirement for a fence at Jamison Middle School. Yours truly, /s/ Shirley Long Shirley Long President Jamison Middle School PTA CHANGE IN ORDER OF BUSINESS NEW BUSINESS: PEARLAND INDEPENDENT SCHOOL DISTRICT'S SPECIFIC USE PERMIT - SAM JAMISON MIDDLE SCHOOL: After the question and answer period, it was moved by Councilman Gray, seconded by Council- man Lentz that the original motion calling for a six-foot fence for the Middle School stand as is. Motion passed 4 to 0. MEETING RECESSED AT 8:35 P. M. - RECONVENED AT 8:41 P. M. UNFINISHED BUSINESS: ORDINANCE NO. 442 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF $6,100,000 PERMANENT IMPROVEMENT BONDS: r__ OrdinanceNo. 442 was read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Mack that Ordinance No. 442 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 442 ORDINANCE AUTHORIZING THE ISSUANCE OF $6,100,000 PERMANENT IMPROVEMENT BONDS, SERIES 1982. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, and Councilman Frauenberger Voting "No": None Motion passed 4 to 0. A COPY OF THE MINUTE ORDER AND COMPLETE COPY OF ORDINANCE: NO. 442 APPENDED HERETO AND FORMS A PART OF THESE MINUTES. NEW BUSINESS: (Continued) RESOLUTION NO. R82-27, A RESOLUTION AUTHORIZING MAYOR TO EXECUTE AGREEMENT WITH HOWARD W. MAYS OF VINSON Si ELKINS FOR LEGAL SERVICE IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF $6,100,000 PERMANENT IMPROVEMENT BONDS.: Resolution No. R82-27 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that Resolution No. R82-27 be passed and approved on first and only reading. Said Resolution No. R82-27 reads in caption as follows: RESOLUTION NO. R82-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND HOWARD W. MAYS OF VINSON & ELKINS. Voting "Aye": Councilman Frauenberger, Councilman Gray, Councilman Mack and Council- man Lentz. Voting "No". None Motion passed 4 to 0. RECOMMENDATION BY FISCAL AGENT ON AWARD OF BID ON SALE OF PERMANENT IMPROVEMENT BONDS: Mr. Frank Ildebrando, Fiscal Agent for the City, recommended that the bid be awarded to: Cowen & Company/Rowles Winston Division (Mgr.), A. G. Becker, Inc., Capital Bank, Securitie Corp. of Iowa/Chicago, Westcap Securities, Inc., Thompson McKinnon Securities, in assocation with: Republicbank Dallas (Jt.Mgr.), The Fort Worth National Bank (Jt.Mgr.), Interfirst Bank Dallas, Smith Barney, Harris Upham & Co., Inc. RESOLUTION NO. R82-28, A RESOLUTION FIXING COUPON INTEREST RATES AND NAMING PURCHASER OF $6,100,000 PERMANENT IMPROVEMENT BONDS, SERIES, 1982: Resolution No. R82-28 read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Gray that Resolution No. R82-28 be passed and approved on first and only reading. Said Resolution No. R82-28 reads in caption as follows: RESOLUTION NO. R82-28 RESOLUTION FIXING COUPON INTEREST RATES AND NAMING PURCHASER OF $6,100,000 PERMANENT IMPROVEMENT BONDS, SERIES 1982. Voting "Aye"; Councilman Lentz, Councilman Mack, Councilman Gray, and Councilman Frauenberger. Voting "No": None Motion passed 4 to 0. A COPY OF THE MINUTE ORDER AND COMPLETE COPY OF RESOLUTION NO. R82-28 APPENDED HERETO AND FORMS A PART OF THESE MINUTES. CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § 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 July, 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: Dorothy L. Cook , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION FIXING COUPON INTEREST RATES AND NAMING PURCHASER OF $6,100,000 PERMANENT IMPROVEMENT BONDS, SERIES 1982 (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 fol- lowing 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 certificate; that the Resolution has been duly recorded in the City Council's minutes of said meeting; that the above and fore- going 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, qualified 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 aforesaid meeting, and that the Resolution would be introduced and considered for adoption 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 City S c to y (SEAL) of July, 1982. Mayor RESOLUTION FIXING COUPON INTEREST RATES AND NAMING PURCHASER OF $6,100,000 PERMANENT IMPROVEMENT BONDS, SERIES 1982 THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), has heretofore authorized the issuance of the City's $6,100,000 PERMANENT IMPROVEMENT BONDS, SERIES 1982 (the "Bonds"), by reading, considering and adopting on June 28, 1982, and again on July 12, 1982, respectively, an ordinance autho- rizing such issuance; and WHEREAS, the City Council deems it advisable to adopt a resolution fixing coupon interest rates and naming the purchaser or purchasers of the Bonds; THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT: -- Section 1. The matters and facts recited in the preamble of this resolution are hereby found to be true and correct. Section 2. The Bonds shall bear interest per annum at the following rates, respectively, to -wit: Bonds maturing 1984 through 1990, 12.00 % Bonds maturing 19 through 1991, 10.60 % Bonds maturing 19_ through 1992, 10.90 % Bonds maturing 19 through 1993, 11.15 % Bonds maturing 19_ through 1994, 11.40 % Bonds maturing 19_ through 1995, 11.75 % Bonds maturing 19_ through 1996, 12.00 % Bonds maturing 19_ through 1997, 12.00 % Bonds maturing 19_ through 19_, % Bonds maturing 19_ through 19_, % Section 3. The Bonds are hereby sold and shall be de - livered to Cowen & Company Ria Div., Republic Bank Dallas, The Fort Worth National Bank, Interfirst Bank - Dallas, Smith, Barney & Assocs. for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ 0 , 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 4. This resolution was read and considered once by the City Council and shall take effect immediately. Section 5. It is hereby officially found and determined that the need of the City for such financing creates an emer- gency 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 resolu- tion; 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 12th day of July, 1982. ATTEST: /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) /s/ Tom Reid Mayor CITY OF PEARLAND, TEXAS -2- DOCKETED PUBLIC HEARINGS: REQUEST BY HOUSTON LIGHTING & POWER COMPANY FOR RATE INCREASE: PURPOSE OF THE HEARING: Request by Houston Lighting & Power Company for rate increase filed with the City of Pearland on June 16, 1982. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST: I— Mr. Ed Grisham, District Manager of the Houston Lighting & Power Company - Mr. Grisham - explained his company's position in requesting an increase in rates for electrical service. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST: None QUESTION AND ANSWER PERIOD: The Council directed several questions to Mr. Grisham regarding this request. COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY. Mayor Reid recessed the public hearing until a future Council meeting. UNFINISHED BUSINESS: (Continued) ORDINANCE NO. 246-80, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE ROY POWERS, OWNER, APPLICATION NO. 105 (AMENDED): Ordinance No. 246-80 read in caption by Councilman Gray. (Second Reading) r— It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 246-80 be passed and approved on second and final reading. Said Ordinance No. 246-80 reads in caption as follows: ORDINANCE NO. 246-80 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 CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Frauenberger, Councilman Gray, Councilman Mack, and Council- man Lentz. Voting "No": None Motion passed 4 to 0. ORDINANCE NO. 110D-5, AN ORDINANCE AMENDING THE ELECTRICAL CODE OF THE CITY OF PEARLAND: Ordinance No. 11OD-5 read in caption by Councilman Frauenberger. (Second Reading) r` It was moved by Councilman Frauenberger, seconded by Councilman Mack that Ordinance No. 11OD-5 be passed and approved on second and final reading. 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 SPE- CIFIC SECTIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Mack, and Councilman Frauenberger. Voting "No": Councilman Gray. Motion passed 3 to 1. NEW BUSINESS: (Continued) APPROVAL OF RIGHT-OF-WAY EASEMENT FROM INTERNATIONAL MARBLE, INC.: It was moved by Councilman Lentz, seconded by Councilman Gray, for approval of right- of-way easement from International Marble, Inc. Motion passed 4 to 0. RESOLUTION NO. R82-29, A RESOLUTION AUTHORIZING THE CITY, IN CONJUNCTION WITH AND AS A MEMBER OF THE COALITION OF CITIES, TO INTERVENE IN HOUSTON LIGHTING & POWER COMPANY'S RATE CASE PENDING BEFORE THE TEXAS UTILITY COMMISSION: Resolution No. R82-29 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Mack that Resolution No. R82-29 be passed and approved on first and only reading. Said Resolution No. R82-29 reads in caption as follows: RESOLUTION NO. R82-29 A RESOLUTION AUTHORIZING THE CITY OF PEARLAND, TEXAS, THROUGH ITS CITY MANAGER, STAFF, AND CITY ATTORNEY, IN CONJUNCTION WITH AND AS A MEMBER OF THE COALITION OF CITIES WITH ORIGINAL JURIS- DICTION, TO INTERVENE IN THE HOUSTON LIGHTING AND POWER COMPANY RURAL RATE CASE PRESENTLY PENDING BEFORE THE TEXAS PUBLIC UTIL- ITY COMMISSION. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, and Councilman Frauenberger. Voting "No": None Motion passed 4 to 0. CERTIFICATION OF BALLOT NUMBERS TO BE USED IN AUGUST 14, 1982, SPECIAL ELECTION TO FILL VACANCY - POSITION NO. 3 OF THE CITY COUNCIL: It was moved by Councilman Gray, seconded by Councilman Lentz that the following ballot numbers be certified for use in the August 14, 1982 Special Election to fill vacancy in Position No. 3 of the City Council: Nos. 20501 Nos. 20626 Motion passed 4 to 0. FOR ABSENTEE VOTING through 20625 both inclusive FOR REGULAR VOTING through 22000 both inclusive AUTHORIZATION FOR RESOLUTION TO BE PREPARED INCREASING WATER AND SEWER TAP FEES: City Manager Wicker advised the Council that current tap fees are the same whether the tap is near side or far side of the street. The road boring necessary for far side taps have increased these tap fees. He is recommending, based on current expenses, tap fee of $275 for water, and $275 for sewer for standard residential taps. On water taps greater than 3/4" and sewer taps greater than the 4" residential tap, he recommends cost of meter plus cost of installation. It was moved by Councilman Gray, seconded by Councilman Lentz that the City Attorney be authorized to prepare a Resolution increasing water and sewer tap fees. Motion passed 4 to 0. City Attorney Bobby Williams was absent from the Council Chambers at this time. APPROVAL OF INVOICE FROM LOSCO BUILDERS IN THE AMOUNT OF $11,150.00: City Manager Wicker advised the Council that this is not the final payment but payment j for the additional 20' bay on the south end of the new EMS Building. It was moved by Councilman Mack, seconded by Councilman Gray that Invoice from Losco Builders be paid out of the remainder of last year's appropriation, which has a balance of $7,407.75, and that the remaining amount come out of the General Fund. Motion passed 4 to 0 City Attorney Bobby Williams was absent from the Council Chambers at this time. RELOCATION OF EMERGENCY SHUT-OFF VALVE BY SEMINOLE PIPELINE COMPANY: City Manager Ron Wicker advised that Seminole Pipeline has requested Council consider- ation of relocating within the City Limits their emergency shut-off valve. This location would be changed from the intersection of FM518 and Harkey Road to Fite Road and the southwest corner of the acreage owned by Mr. John Abbott, which was recently annexed. City Manager Wicker recommended approval of this request. It was moved by Councilman Gray, seconded by Councilman Lentz that permission be granted to Seminole Pipeline to relocate their emergency shut-off valve to the south- west corner of our City Limits. Motion passed 4 to 0. OTHER BUSINESS: Meeting recessed at 9:44 P. M. to Executive Session under -Texas Open Meeting's Law, Section II, Subsection (g) Personnel. Meeting reconvened at 10:50 P. M. - No action as a result of Executive Session. ADJOURN: Meeting adjourned at 10:50 P. M. Minutes approved as submitted and/or corrected this the Iday of 0, A. D., 1982. I Mayor ATTEST: ity Secretary