2006-02-27 CITY COUNCIL MEETING AGENDA
AMENDED AGENDA
ADDED NEW BUSINESS ITEM NO. 15
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON FEBRUARY 27,2006, AT 7:30 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
I. CALL TO ORDER
II. INVOCATION AND PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
IV. COUNCIL ACTIVITY REPORTS
V. CITY MANAGER'S REPORT
VI. CITIZENS
VII. DOCKETED PUBLIC HEARING: None
VIII. CONSENT AGENDA:
ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE
CONSIDERED TO BE ROUTINE AND REQUIRE LITTLE OR NO
DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE
ENACTED/APPROVED BY ONE MOTION UNLESS A
COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN
WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED BY SEPARATE ACTION (IX. MATTERS
REMOVED FROM CONSENT AGENDA). APPROVAL OF THE
CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL
OF MINUTES:
1. Minutes of the February 13, 2006, Regular Council Meeting
held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF LAKES AT HIGHLAND GLEN SECTION 3.
Mr. Doug Kneupper, City Engineer.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-812 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Page 1 of 15 - 2/27/2006
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF
THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF
CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY, LOCATION BEING 2.21 ACRE TRACT OF LAND
LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY,
SECTION 81, ABSTRACT 300, BEING OUT OF THAT CALLED
173.49 ACRE TRACT CONVEYED TO LINGO SOUTHGATE,
LTD., A TEXAS LIMITED PARTNERSHIP, BY SPECIAL
WARRANTY DEED WITH VENDOR'S LEIN UNDER CLERK'S
FILE NUMBER 01-053025, OFFICIAL RECORDS OF
BRAZORIA COUNTY, TEXAS, AND FURTHER BEING OUT
OF THE ALLISON-RICHEY GULF COAST HOME COMPANY
SUBDIVISION RECORDED IN VOLUME 2, PAGE 98, MAP
RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE NORTHEAST CORNER OF COUNTY
ROAD 59 AND KIRBY DRIVE) (ZONE CHANGE
APPLICATION NO. 2006-04Z) FROM CLASSIFICATION
SINGLE FAMILY DWELLING DISTRICT (R-2) TO OFFICE
AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF
KYLE DUCKETT OF GEOSURV, LLC, APPLICANT FOR
TRACY GOZA OF LINGO SOUTHGATE, LTD., OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan,
Assistant City Manager.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-815 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF
THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF
CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY, LOCATION BEING 0.34 ACRE TRACT OF LAND
LOCATED IN THE W.D.C HALL SURVEY, ABSTRACT 70,
WITH SAID TRACT BEING PART OF THAT 13.838 ACRE
TRACT DESCRIBED IN THE FINAL JUDGEMENT OF CAUSE
NO. 23,835G, CITY OF PEARLAND VS 313 ACRES
PEARLAND JOINT VENTURE, ET AL, AS RECORDED
UNDER BRAZORIA COUNTY CLERK'S FILE NO. 98040264,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518
(BROADWAY STREET), AND WEST OF LIBERTY DRIVE)
Page 2 of 15 - 2/27/2006
(ZONE CHANGE APPLICATION NO. 2006-01Z) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-
4) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF
JAY JAVADI, APPLICANT FOR DONYA, LLC, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan,
Assistant City Manager.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-816 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF
THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF
CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY, LOCATION BEING 4.651 ACRES OF LAND,
BEING OUT OF LOTS 3 AND 4, SECTION 2, A.C. H. & B. RR
SURVEY, ABSTRACT 507, L. W. MURDOCK SUBDIVISION,
ACCORDING TO THE PLAT RECORDED IN VOLUME 29,
PAGE 174, DEED RECORDS, BRAZORIA COUNTY, TEXAS,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE WEST SIDE OF SH 35
(MAIN STREET), AND ON THE SOUTH SIDE OF MAGNOLIA
STREET) (ZONE CHANGE APPLICATION NO. 2006-02Z)
FROM CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M-
2) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF
CLAYTON DYKES, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City
Manager.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-817 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF
THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF
CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY, LOCATION BEING 9.5409 ACRE TRACT OF
LAND LOCATED IN THE H. T. & B.RR COMPANY SURVEY,
ABSTRACT 542, TRACT 43, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST
Page 3 of 15 - 2/27/2006
SIDE OF SH 35 (MAIN STREET), AND NORTH OF HALIK
ROAD) (ZONE CHANGE APPLICATION NO. 2006-07S)
FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO
COMMERCIAL DISTRICT, WITH A SPECIFIC USE PERMIT
FOR STORAGE AND MINI-WAREHOUSE (C(S)), AT THE
REQUEST OF MORRIE SHEETS OF U STOR, APPLICANT
FOR PALlVELA P. RAJU, SUCCESSOR TRUSTEE OF THE
SIKANDER HAYAT DURRANI TRUST AND THE OMAR
HAYAT DURRANI TRUST, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City
Manager.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-818 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF
THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF
CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY, LOCATION BEING 453 ACRES, MORE OR
LESS, OF LAND LOCATED IN THE H.T. & B.RR COMPANY
SURVEY, SECTION 84 (R.B. LYLE) ABSTRACT 538,
BRAZORIA COUNTY, TEXAS, AND ABSTRACT 767, FORT
BEND COUNTY TEXAS, AND THE A. B. LANGERMANN
SURVEY, ABSTRACT 555, FORT BEND COUNTY, TEXAS,
MORE PARTICULARLY BEING ALL OF THAT CERTAIN
CALLED 2.121 ACRE TRACT CONVEYED TO THE CITY OF
PEARLAND, TEXAS, BY INSTRUMENT OF RECORD UNDER
FILE NO. 2005008365, OFFICIAL RECORDS, BRAZORIA
COUNTY, TEXAS (B.C.O.R), ALL OF THE RESIDUE OF THAT
CERTAIN CALLED 160.048 ACRE TRACT CONVEYED TO
PEARLAND INVESTMENT LIMITED PARTNERSHIP BY
INSTRUMENT OF RECORD UNDER FILE NO. 03-044886
AND FILE NO. 2004059020, B.C. O. R, ALL OF THAT
CERTAIN CALLED 80.01 ACRE TRACT CONVEYED TO
RUSSELL T. RUDY AND RANDALL D. RUDY BY
INSTRUMENT OF RECORD UNDER FILE NO. 97-009257
,
B.C.O.R AND FILE NO. 97-08685, OFFICIAL RECORDS,
FORT BEND COUNTY, TEXAS (F.B.C.O.R), ALL OF THAT
CERTAIN CALLED 80 ACRE TRACT CONVEYED TO
HARLOW ROYALTIES, INC., BY AN INSTRUMENT OF
RECORD UNDER FILE NO. 95-039382, B.C.O.R AND FILE
NO. 95-70977, F.B.C.O.R AND ALL OF THAT CERTAIN
Page 4 of 15 - 2/27/2006
CALLED 132.5682 ACRE TRACT CONVEYED TO PEARLAND
132 DEVELOPMENT, LIMITED PARTNERSHIP BY AN
INSTRUMENT OF RECORD UNDER FILE NO. 2004148674,
OFFICIAL PUBLIC RECORDS, FORT BEND COUNTY, TEXAS
(F.B.C.O.P.R.); CITY OF PEARLAND, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF BROADWAY STREET,
AND ON THE EAST SIDE OF FM 521) (ZONE CHANGE
APPLICATION NO. 2006-06Z) FROM CLASSIFICATION
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E)
AND LIGHT INDUSTRIAL DISTRICT (M-1) TO PLANNED UNIT
DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF
KERRY R. GILBERT & ASSOCIATES, INC., APPLICANT FOR
PEARLAND INVESTMENTS, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City
Manager.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000T - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, REPEALING THE LAND USE AND
URBAN DEVELOPMENT ORDINANCE OF THE CITY
(ORDINANCE NO. 509 AND ANY AMENDMENTS
THEREAFTER); ADOPTING A UNIFIED DEVELOPMENT
CODE; PROVIDING GENERAL PROVISIONS, ZONING
REGULATIONS, SUBDIVISION REGULATIONS, SITE
DEVELOPMENT REGULATIONS AND DEFINITIONS;
PROVIDING A PENALTY FOR VIOLATION, HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City
Manager.
I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000M - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, REPEALING THE LAND USE AND
URBAN DEVELOPMENT ORDINANCE AND ZONING MAP OF
THE CITY (ORDINANCE NO. 509 AND ANY AMENDMENTS
THEREAFTER); ADOPTING A ZONING MAP; PROVIDING A
PENALTY FOR VIOLATION, HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Page 5 of 15 - 2/27/2006
J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 543-4 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 32, TAXICABS,
OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR
THE PURPOSE OF UPDATING INSURANCE
REQUIREMENTS; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION, CODIFICATION, AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-819 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF
THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF
CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY, LOCATION BEING 169.03 ACRES OF LAND
OUT OF A CALLED 154.0026 ACRE TRACT DESCRIBED IN
DEED TO PEYTON MARTIN, TRUSTEE, RECORDED UNDER
FILE NUMBER 91-000518 OF THE OFFICIAL RECORDS OF
BRAZORIA COUNTY, AND ALL OF A CALLED 2.30 ACRE
TRACT DESCRIBED IN DEED TO PEYTON MARTIN,
TRUSTEE, RECORDED UNDER FILE NUMBER 02-041088,
LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 300, SECTION 81, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE SOUTH SIDE OF BROADWAY STREET, AND ON THE
WEST SIDE OF COUNTY ROAD 566, AND ALSO WEST OF
STATE HIGHWAY 288) (ZONE CHANGE APPLICATION NO.
1249) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) AND GENERAL BUSINESS (GB) TO
PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE
REQUEST OF VERNON G. HENRY & ASSOCIATES, INC.,
APPLICANT FOR CBL & ASSOCIATES PROPERTIES, INC.,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan,
Assistant City Manager.
Page 6 of 15 - 2/27/2006
L. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-32 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPROVING AND
ADOPTING THE GOALS PROMULGATED DURING THE
CITY'S 2006 ANNUAL PLANNING WORKSHOP.
Mr. Bill Eisen, City Manager.
M. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1245 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
N. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1246 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
Page 7 of 15 - 2/27/2006
O. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1247 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
P. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1248 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
Q. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1249 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
ON CERTAIN REAL PROPERTY DESCRIBED HEREIN.
,
Page 8 of 15 - 2/27/2006
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
R. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1250 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
S. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1252 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
Page 9 of 15 - 2/27/2006
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
T. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1253 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
u. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1254 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
v. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1255 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
Page 10 of 15 - 2/27/2006
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
W. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1256 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - REMOVE
FROM TABLE CITY COUNCIL MEETING MINUTES AS
LISTED BELOW.
1A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL
OF MINUTES:
1. Minutes of the November 28, 2005, Regular Council
Meeting held at 7:30 p.m.
Page 11 of 15 - 2/27/2006
2. Minutes of the January 9, 2006, Regular Council Meeting
held at 7:30 p.m.
3. Minutes of the January 16, 2006, Joint Public Hearing
(Unified Development Code) held at 6:00 p.m.
4. Minutes of the January 16, 2006, Joint Public Hearing
(Zoning Map) held at 6:00 p.m.
5. Minutes of the January 16, 2006, Joint Public Hearings
held at 6:30 p.m.
6. Minutes of the January 23, 2006, Regular Council Meeting
held at 7:30 p.m.
7. Minutes of the January 30, 2006, Special Council Meeting
held at 7:00 p.m.
8. Minutes of the February 6, 2006, Special Council Meeting
held at 6:00 p.m.
2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-34 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A FUNDING
AGREEMENT WITH THE PEARLAND AREA CHAMBER OF
COMMERCE (MARKETING AND TOURISM MANAGEMENT).
Mr. Mike Hodge, Assistant City Manager.
3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-29 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE
CORRIGAN DRAINAGE PROJECT (PHASE III). Mr. Bill Eisen,
City Manager.
4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-28 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
ENGINEERING CONTRACT WITH ESPA CORP, INC. FOR
INSPECTION SERVICES ASSOCIATED WITH THE
CORRIGAN DRAINAGE PROJECT (PHASE III). Mr. Bill Eisen,
City Manager.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-30 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
FENCE CONSTRUCTION SERVICES ASSOCIATED WITH
THE BARRY ROSE PROJECT. Mr. Bill Eisen, City Manager.
Page 12 of 15 - 2/27/2006
6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO R2006-27 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
ENGINEERING CONTRACT WITH G C ENGINEERING,
INC. FOR DESIGN SERVICES ASSOCIATED WITH THE
ORANGE STREET PROJECT. Mr. Bill Eisen, City Manager.
7. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 509-820 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY,
LOCATION BEING 1.00 ACRE TRACT, TRACT 2A, H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 242, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY
STREET), AND WEST OF TRANQUILITY LAKE BOULEVARD)
(ZONE CHANGE APPLICATION NO. 2006-09Z) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SO) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE
REQUEST OF SUDERSHAN JAMBULAPATI, APPLICANT
FOR JOSEPH B. BENES AND JEWEL H. BENES, OWNERS,
PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan,
Assistant City Manager.
8. CONSIDERATION AND POSSIBLE ACTION - REGARDING A
COOPERATIVE EFFORT WITH PEARLAND INDEPENDENT
SCHOOL DISTRICT FOR STORAGE/OFFICE SPACE NEAR
THE GYMNASIUM AT THE PROPOSED BERRY MILLER JR
HIGH SCHOOL. Ms. Rhonda Cyrus, Parks & Recreation
Director.
9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-31 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INTERLOCAL AGREEMENT FOR COOPERATION IN THE
FUNDING OF THE COWARTS CREEK WATERSHED STUDY.
Mr. Mike Hodge, Assistant City Manager.
Page 13 of 15 - 2/27/2006
10. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1251 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ESTABLISHING A NO PARKING ZONE
WITHIN THE CORPORATE LIMITS OF THE CITY OF
PEARLAND UPON N. HATFIELD ROAD FROM HICKORY
SLOUGH TO 2009 N. HATFIELD ROAD; PROVIDING
A PENALTY FOR VIOLATION; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR
PUBLICATION, AND FOR CODIFICATION; AND DECLARING
AN EMERGENCY BECAUSE THE NEED TO ESTABLISH "NO
PARKING" ZONES INURES TO THE BENEFIT OF THE
TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Danny Cameron, Acting Public Works
Director.
11. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE HEALTH FAIR FUN RUN SPONSORED BY THE
ROTARY CLUB OF PEARLAND - PARADE ROUTE PERMIT.
Mr. Nick Finan, Assistant City Manager.
12. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1257 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ABANDONING A CERTAIN SIXTY FOOT (60') RIGHT OF WAY
RECORDED IN VOLUME 29, PAGE 43 OF THE DEED
RECORDS IN THE H.T. & B.R.R. CO. SURVEY, ABSTRACT
542, BRAZORIA COUNTY, TEXAS, WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA
COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
13. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1258 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN EXCHANGE OF LAND IN ACCORDANCE WITH
CHAPTER 272.001 OF THE LOCAL GOVERNMENT CODE;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE. Mr. Darrin Coker, City
Attorney.
Page 14 of 15 - 2/27/2006
14. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-33 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, URGING THE TEXAS
CONGRESSIONAL DELEGATION TO REQUEST AND
SUPPORT FUNDING FOR THE U.S. ARMY CORPS OF
ENGINEERS ("CORPS") GENERAL REEVALUATION
REPORT ON CLEAR CREEK FOR THE FISCAL YEAR 2006.
Mr. Mike Hodge, Assistant City Manager.
15. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE ENFORCEMENT OF THE SIGN ORDINANCE
CONCERNING SIGNS ERECTED SOLELY FOR AND
RELATING TO A PUBLIC ELECTION. Mr. Nick Finan,
Assistant City Manager.
OTHER BUSINESS: None.
XI. ADJOURNMENT
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arrangements can be made.
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