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1982-09-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 27, 1982, AT 7:30 P.M. IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney Asst. City Secretary Absent from the meeting: Mayor Tom Reid INVOCATION AND PLEDGE OF ALLEGIANCE: Terry Gray Al Lentz Charles R. Mack Dennis Frauenberger James E. Bost Ronald J. Wicker Bobby J. Williams (Arrived at 7:44 P.M.) Kay Krouse The invocation was given by Councilman James Bost. The Pledge of Allegiance was led by Councilman Charles Mack. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Mack that the minutes of the regular meeting held on September 13, 1982, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Pro Tem Gray announced that Mayor Tom Reid was attending a Regional Officers meeting of HGAC in Bryan, Texas this evening. Mayor Pro Tem Gray stated he felt that Pearland Founders' Day activities were very suc- cessful this weekend. In one of the events, the City of Friendswood returned the trophy to the City of Pearland for being the winner in this year's fourth of July Inner Tube Race. COUNCIL ACTIVITY REPORTS: Councilman Lentz announced that on Thursday, September 30, 1982, at 7:00 P.M., in the Church of Christ Annex, the Pearlanders Against Drugs will hold a peer group meeting. Mr. Jim Loughton from Texas State PTA will be the guest speaker. DEPARTMENTAL REPORTS: City Manager Ron Wicker reported on the City's involvement in preparation of Founders' Day. They will strive next year to have the electrical service ready for Founders' Day and then turn it over to the Chamber of Commerce for them to take over. There were many good comments about the covered pavilion and several requests for its use. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: ORDINANCE NO. 448, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1982 AND ENDING SEPTEMBER 30, 1983. Ordinance No. 448 read in caption by Councilman Lentz. (Second Reading) It was moved by Councilman Lentz, seconded by Councilman Bost that Ordinance No. 448 be passed and approved on second and final reading. Said Ordinance No. 448 reads in caption as follows: ORDINANCE NO. 448 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1982 AND ENDING SEPTEMBER 30, 1983. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 445, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGIN- NING OCTOBER 1, 1982 AND ENDING SEPTEMBER 30, 1983: ORDINANCE NO. 446, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR INTEREST AND SINKING FUND: City Manager Ron Wicker advised the Council that these two Ordinances needed to be added to a future agenda when the City obtains the information needed from the Central Appraisal District. The Council raisedsome questions about adopting the Budget for fiscal year 1982-1983. City Manager Wicker stated that the City cannot adopt a budget without know- ing what the effective tax rate is going to be and without having a certified tax roll.' The plan was to carry forward the budget proposed. The Council stated their desire to get legal advice from the City Attorney on guidelines for the City to operate without an approved budget. NEW BUSINESS: CREATION OF PEARLAND INDUSTRIAL DISTRICT: (a) Acceptance of Petitions by three (3) residents of City of Pearland. Mayor Pro Tem Gray read the following petition submitted by three registered voters in the City of Pearland: PETITION FOR CREATION OF PEARLAND INDUSTRIAL DEVELOPMENT CORPORATION We, the undersigned qualified electors of Pearland (the "Unit"), each of whom is at least eighteen years of age, hereby request the Mayor and City Council (the "Governing Body") of the Unit to authorize and approve by resolution, pur- suant to the Development Corporation Act of 1979, 1979 Tex. Gen. Laws, Chapter 700, Section 1, at 1675, the creation of the Pearland Industrial Development Corporation (the "Corporation") to act on behalf of the Unit in the promotion and development of commercial, industrial and manufacturing enterprises to promote and encourage employment and the public welfare. We further request that the Governing Body approve the attached Articles of Incorporation to be used in organizing the Corporation and the attached bylaws to be used in governing the internal affairs of the Corporation. IN WITNESS WHEREOF, we have hereunto set our hands this 14th day of September, 1982. Name Address /s/ Carrie Ann Mallernee 2117 Yupon Circle Pearland, Texas 77581 /s/ Mrs. Charles W. Reagan /s/ Glada M. Reagan /s/ Billye Louise Arcemant 2106 Washington Irving Pearland, Texas 77581 3414 Meadowville Pearland, Texas 77581 It was moved by Councilman Frauenberger, seconded by Councilman Bost, that the petition by the three registered voters in the City of Pearland be accepted by the City Council. Motion passed 5 to 0. Mayor Pro Tem Gray stated that Items (b)Approval of Articles of Incorporation; (c) Approval of Bylaws; and (d) Adoption of Resolution No. R82-34, a Resolution Creating a Development Corporation, would be passed until a future Council meeting. He appointed Councilman Frauenberger as Chairman of a Committee, with City Attorney Bobby Williams serving, and any other citizens that Councilman Frauenberger would like to select, to study the Articles of Incorporation, the Bylaws, and the Resolution. Also, to make some decisions regarding who should serve on the Board of Directors, the size of this Board, and what fees should be paid by the participants of this District. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: (Continued) ORDINANCE NO. 445, AND ORDINANCE NO. 446:(Continued) A motion was made by Councilman Lentz, seconded by Councilman Mack that the City Council call a Special Emergency Meeting on Wednesday, September 29, 1982, at 7:30 P. M., to establish guidelines for allowing the City to operate during the time it is without an approved budget. Motion passed 5 to 0. NEW BUSINESS: (Continued) REVIEW OF BIDS RECEIVED ON BID NO. B82-15, FACTORY COATED BOLTED STEEL TANKS FOR WATER STORAGE AT MAGNOLIA ROAD AND LIBERTY ROAD WELL SITES: Bids were reviewed by Council as follows: COMPANY LUMP SUM BID ALTERNATE COMPLETION DATE 5% BID SECURITY NO. 1 Trico Ind., Inc. $134,455.00 $167,778.00 45 Working Days after 5% Bid Bond Approval of Drawings Butler Mfg. Co. 169,267.00 203,564.00 155 Working Days 5% Bid Bond It was moved by Councilman Mack, seconded by Councilman Bost that Trico Industries, Inc. be awarded Bid No. B82-1.5, in the amount of $167,778.00, for Alternate No. 1, as the lowest and best bid, and that the Mayor be authorized to execute the Contract. Motion passed 5 to 0. APPROVAL OF ENGINEERING PROPOSALS: 1. R. Wayne Smith Consulting Engineers, Inc. Mr. Wayne Smith presented copies of his company's engineering proposal for drainage improvements in the City of Pearland. He also presented, for Council's review, an Exhibit indicating the problem areas as discussed at the May 3, 1981, Special Emergency Council Meeting. He stated that his company will review existing drainage facilities, recommend improvements, and prepare construction plans and specifications for these problem areas and any others selected by the City. After discussion by the Council, it was moved by Councilman Lentz, seconded by Councilman Mack that the City Attorney be authorized to prepare the necessary preliminary engineering contract, based on the proposal submitted by R. Wayne Smith Consulting Engineers, Inc., for the necessary drainage improvements, as outlined in this proposal, and that the Mayor be authorized to execute said contract. Motion passed 5 to 0. 2. H. Platt Thompson Engineering Company, Inc. Mr. Platt Thompson presented his company's engineering proposal for engineering services associated with the widening and paving of Magnolia -John Lizer Road from McLean Road to Liberty Drive. After Mr. Thompson outlined his proposal to the Council, it was moved by Councilman Lentz, seconded by Councilman Frauenberger that the City Attorney be authorized to pre- pare the necessary preliminary engineering contract, based on the proposal submitted by H. Platt Thompson Engineering Company Inc., for the Magnolia -John Lizer Road Paving Project, and that the Mayor be authorized to execute said contract. Motion passed 5 to 0. 3. Langford Engineering Inc. This item was passed since Mr. Langford was not available to present a proposal from his company. ADJUSTMENTS IN THE TAX ROLL: City Manager Wicker explained that this item was necessary to close out the 1981-1982 Fiscal Year. He informed the Council that the 1981-1982 tax collections were superb - 980. Recap Page as submitted by Tax Collector Barbara Lenamon: Adjusted -Revised Tax Dollars gained/lost - $ -5,317.96. It was moved by Councilman Bost, seconded by Councilman Lentz that the adjustments be made in the Tax Roll. Motion passed 5 to 0. ADJUSTMENTS IN THE 1981-1982 BUDGETS: It was moved by Councilman Lentz, seconded by Councilman Bost that the following adjust- ments be made to the 1981-82 Budgets: GENERAL FUND: WATER & SEWER: Estimated Income $3,918,722 Estimated Income $1,128,715 --1 Estimated Expenditures 3,733,106 Estimated Expenditures 1,189,929 Motion passed 5 to 0. $ 185,616 $ (61,214) ORDINANCE NO. 449, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D UPON CERTAIN STREETS: Ordinance No. 449 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Frauenberger that Ordinance No. 449 be passed and approved on first of two readings. Said Ordinance No. 449 reads in caption as follows: It ORDINANCE NO. 449 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISION OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGA- TION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200 FOR r-- THE VIOLATION OF THIS ORDINANCE. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Mack, Councilman Lentz, Councilman Gray. Voting "No": None Motion passed 5 to 0. ENGINEERING ESTIMATE NO. 2, BROWN & ROOT FOR 1982 STREET MAINTENANCE PROGRAM IN THE AMOUNT OF $99,024.93: It was moved by Councilman Bost, seconded by Councilman Lentz that Progress Estimate No. 2, in the amount of $99,024.93 to Brown & Root, Inc., for the 1982 Street Mainte- nance Program, be approved for payment out of the proper fund, contingent upon Brown & Root signing the Estimate. Motion passed 5 to 0. OTHER BUSINESS: Meeting recessed at 8:25 P. M. to Executive Session under Texas Open Meeting's Law, Section 2, Subsection (g) Personnel. Meeting reconvened to Open Session at 9:03 Pi -M. No action as a result of Executive Session. ADJOURN: Meeting adjourned at 9:03 P. M. Minutes approved as submitted and/or corrected this the f/ day of 4=ti 4. A. D., 1982. Mayor ATTEST: ty Secretary