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1980-09-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 8, 1980, 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 Councilwoman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Charles R. Mack Al Lentz Fran Coppinger Carlton McComb Terry Gray Ronald J. Wicker Bobby J. Williams (Arrived at 7:40 P.M.) Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Postmaster Grady. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Mack that the minutes of the regular meeting held on August 25, 1980, be approved as submitted. Motion passed 5 to 0. MAYOR's ACTIVITY REPORT: Dr. DeKerlegand, President of the Pearland Chamber of Commerce introduced the officers of the Chamber of Commerce present at the meeting. He stated that the Chamber sponsored the 4th of July celebration for the first time this year and was successful. He thanked members of the Council and City Staff for their help in making this celebration a success. He outlined the activities planned for Founder's Day, September 20, 1980. He reported on the progress of the Depot Building leased from the City. Mayor Reid presented a proclamation to Dr. DeKerlegand for "Fourth Annual Founder's Day", September 20, 1980. Mayor Reid issued a Proclamation for "Support The Houston Oilers' Days", September 13 and 14, 1980. Mayor Reid announced that the Water Conservation Plan for the City is still effective. COUNCIL ACTIVITY REPORTS: None r"— DEPARTMENTAL REPORTS: City Manager Wicker presented his plan for use of garbage bags on an experimental basis with the St. Regis Paper Company furnishing the bags on a two month trial basis, in neighborhoods that would -represent about 400 homes. The trial period would start around October 1, 1980, in Heritage Green, Sherwood, Regency Park and Westminister Subdivisions. He advised that a tentative meeting was set up for September 28, 1980, for the citizens living in the trial area. Mr. Paul Pondish, Sanitation Superinten- dent spoke briefly to the City Council regarding this trial project. He advised that he felt the City would get a good understanding of how this type program works, and at no cost to the City or citizens. 3� 0 A time study will be conducted along with the bag system. CITIZENS: None CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: CHAMBER OF COMMERCE DECORATIONS: Councilman McComb, Chairman of the Committee,reported that he has worked on this project with Chamber of Commerce member Otto Schroeder. Councilman McComb re- ported that the Chamber purchased $2,613.00 worth of new decorations this year, which was paid out of funds the Chamber had planned to use to restore the depot building. The depot building is owned by the City and leased to the Chamber of Commerce. The Chamber will donate all of the balance of the Christmas decorations, valued at approximately $10,000, to the City, if the City will assume the $2,613.00 liability for the new decorations. It was moved by Councilman McComb, seconded by Councilman Lentz that the City pur- chase from the Chamber of Commerce, for a price of $2,613.00, all of the Christmas tree lights and decorations owned by the Chamber of Commerce, and that the City assume the responsibility of installation, maintenance and removal of these lights and decorations. This expenditure to be made out of the Council Contingency Fund. Motion passed 5 to 0. Councilman McComb advised that Mr. Mike Coppinger has volunteered to help install and remove the lights and decorations. Councilwoman Coppinger stated that the restoration of the depot building would bring — Pearland its first Historical Marker. CHANGE IN ORDER OF BUSINESS: DOCKETED PUBLIC HEARINGS: Docketed Public Hearing No. 1 - Land Use Change Application No. 84 Ruben G. Guerra, owner PU to General Business Request was made for an amendment to the Land Use and Urban Development Ordinance from Classification PU to GB on the following described property: 20.027 acres of land (called 19.68 acres) being all of Lot 3 of Walcotts Pearland Subdivision of a part of the D. M. H. Hunter a League, Abstract 76, containing 14.03 acres; Lot 42B of a Subdivision 1, H. T. & B. R. R. Co. Sur- vey, Abstract 2331 containing 0.98 acres, and Lot 57-A of a Subdivision of Section 1, H. T. & B. R. R. Co. Survey, Abstract 233, containing 5.007 acres (called 4.676 acres), Brazoria County, Texas. (Located at the end of Alice Street.) I. Persons wishing to speak for the proposed request: Mr. Ellis Barrera, Jr., 3702 W. Main, Houston, Texas, Attorney for Ruben G. Guerra stated that the reason for the request was so Mr. Guerra could obtain a permit from the City to build restrooms at this facility. The use of the facility is for political functions, and non-profit functions. The activities are located on the western quadran of the property. II. Persons wishing to speak against this proposed change: Mr. E. JeSkU, Jr., Route 1, Box 290A, Pearland, Texas, stated that he had a question as to how this rezoning would affect adjoining property, and whether or not the City has designated plans for this area. Mr. Jesku was advised that the City has a Comprehensive Development Plan and asked that he check with the City Manager for a review of this plan. III. Question and answer period: Mr. Barrera was asked what his client planned to do when the property was re- zoned. He stated that it was the intention of his client to continue the same type of functions on Saturday and Sunday, from 12:00 P. M. to 12:00 Midnight. He has no plans for additional buildings with the exception of three bathrooms. There are no plans for a dance hall or club. A discussion was held regarding the zoning of 20 acres to General Business when it is bordering on a new road. In answer to a question posed, Mr. Guerra, advised that the number of people involved in functions would be from 500 to 1,000, depending on the type of functions. Mr. Guerra stated that probably no more that 10 acres would be used for general business since he plans to use the other for his domestic animals. Complete tape of hearing on file in the office of the City Secretary. Public Hearing adjourned: 8:44 P. M. MAYOR RECESSED THE MEETING AT 8:45 P. M. - RECONVENED AT 8:50 P. M. CHANGE IN ORDER OF BUSINESS: COUNCIL DECISION ON APPLICATION NO. 84, RUBEN GUERRA - 20.027 ACRES - PU TO GB: City Attorney Williams advised that the use of the property for other than what is permitted under PU, or the existing use at the time the zoning ordinance was passed, is a violation of a scheduled use. He advised that the proper application in this particular situation, if Mr. Guerra is going the commercial recreation route classification, would be to reapply under Planned Approval. This would be an application under Entertainment and Recreational Uses (Amusement,, Commercial Outdoor -Indoor) of the zoning ordinance for P/A under the Planned Unit Classification. Mr. Barrera, Attorney for Mr. Guerra, stated that, at this time, the request for a zone change from PU to GB, Application 84, Ruben G. Guerra, owner, would be withdrawn. NEW BUSINESS: (Continued) REVIEW OF BIDS RECEIVED - BID NO. B80-8, WATER MAIN CONSTRUCTION FOR DIXIE FARM! ROAD AND WESTFIELD ROAD PROJECT: The following bids received were reviewed by the City Council: BIDDERS BASE BID ALTERNATE NO. 1 BID WORKING DAYS BID Estes Construction Co. $68,694.60 Ben Felts Utility Contractor 65,980.50 W. James Company, Inc. 95,621.00 Know & Briscoe Construction Co. 76,841.88 Money's Utility Construction, Inc. 91,050.73 David Wight Construction 67,076.60 $64,191.80 40 No Bid 30 No Bid 60 69,075.73 --- 67,485.44 45 64,000.00 45 City Engineer Malcolm Collins recommended that the bid be awarded to Ben Felts Utility Contracting Company as the lowest and best bid in the amount of $65,980.50. It was moved by Councilman Gray, seconded by Councilman McComb that Bid B80-8, Water Main Construction for Dixie Farm Road and Westfield Road be awarded to Ben Felts Utility Contracting Company for the base bid of $65,980.50 as the lowest and best bid. This expenditure to be paid out of the appropriate bond fund and the Mayor authorized to sign the contract. Motion passed 5 to 0. APPROVAL OF ENGINEERING ESTIMATES: It was moved by Councilman Lentz, seconded by Councilman Mack that Engineering Esti- mate No. 3, Galin Construction Company for Street Improvements on Old Alvin Road and a portion of Knapp Road in the amount of $14,789.25 and Engineering Estimate No. 6, Bellewood Construction Company, Inc. for Rehabilitation of the Sanitary Sewer System in the amount of $54,663.85 be approved for payment out of the appropriate bond funds. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: ORDINANCE NO. 415, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1980,AND ENDING SEPTEMBER 30, 1981: Ordinance No. 415 read in caption by Mayor Reid. (Second Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Gray that Ordinance No. 415 be passed and approved on second and final reading. Said Ordinance No. 415 reads in caption as follows: ORDINANCE NO. 415 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1980, AND ENDING SEPTEMBER 30, 1981. Voting "Aye" - Councilman Gray, Councilman McComb, Councilman Mack, Councilwoman Coppinger and Councilman Lentz. Voting "No " - None Motion passed 5 to 0. ORDINANCE NO. 416, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1980, AND ENDING SEPTEMBER 30, 1981: Ordinance No. 416 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Lentz, seconded by Councilwoman Coppinger that Ordinance No. 416 be passed and approved on second and final reading. Said Ordinance No. 416 reads in caption as follows: ORDINANCE NO. 416 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1980, AND ENDING SEPTEMBER 30, 1981. Voting "Aye" - Councilman Lentz, Councilwoman Coppinger, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No " - None Motion passed 5 to 0. ORDINANCE NO. 417, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICI- PAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR INTEREST AND SINK- ING FUND OF THE TAXABLE YEAR 1980, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE: Ordinance No. 417 read in caption by Councilman McComb with the following corrections: (Second Reading) Corrections: Under Section 1., Subsection (1) For the maintenance and support of the General Government (General Fund), the sum of $0.773 on each $100.00 Dollar valuation of property. Under Section 1., Subsection (2) For the Interest and Sinking Fund, the sum of $0.292 on each $100.00 Dollar valuation of property, to be apportioned as follows :.............. It was moved by Councilman McComb, seconded by Councilman Gray that Ordinance No. 417 be passed and approved on second and final reading as corrected. Said Ordinance No. 417 reads in caption as follows: ORDINANCE NO. 417 AN ORDINANCE.LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1980 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye Councilman Gray, Councilman McComb, Councilman Mack, Councilwoman Coppinger and Councilman Lentz. Voting "No "- None Motion passed 5 to 0. ORDINANCE NO. 418, AN ORDINANCE RESTRICTING PARKING ON EITHER SIDE OF MYKAWA ROAD FROM ORANGE STREET TO WEST BROADWAY (HWY 518): Ordinance No. 418 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 418 be passed and approved on second and final reading. Said Ordinance No. 418 reads in caption as follows: ORDINANCE NO. 418 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE RESTRICTION OF PARKING UPON CERTAIN STREETS AND HIGH- WAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS ;SET OUT IN THIS ORDINANCE; AND PROVID- ING A PENALTY OF A FINE NOT LESS THAN $5.00 AND NOT TO EX- CEED $25.00 FOR THE VIOLATION OF THIS ORDINANCE; AND PRO- VIDING AN EFFECTIVE DATE. Voting "Aye" -Councilman Lentz, Councilwoman Coppinger, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No "-None Motion passed 5 to 0. NEW BUSINESS: (CONTINUED) SELECTION OF MEMBERS (ONE EACH) TO SERVE ON BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1, AND BRAZORIA'COUNTY UTILITY DISTRICT NO. 2. (INITIAL BOARD): It was moved by Councilman Lentz, seconded by Councilman McComb that Mr. Fred Davis be appointed to serve as the Council appointment on Brazoria County Municipal Utility District No. 1 and Mr. Dennis Frauenberger be appointed to serve as Council appoint- ment on County Municipal Utility District No. 2. Motion passed 5 to 0. REQUEST FOR LIONS CLUB FOR SPECIAL PERMIT TO OPERATE TURKEY SHOOT ON NOVEMBER 1 & 2: Mayor Reid read a request from the Lions Club asking permission to hold a Turkey Shoot on the V.F.W. premises on November 1 and 2, 1980. It was moved by Councilman Gray, seconded by Councilman Lentz that the Pearland Lions Club be granted a permit to hold a Turkey Shoot on November 1st and 2nd, 1980, or any alternate rain -out date, at the V.F.W. Post No. 7109 located on Walnut Street, subject to liability insurance furnished to the City, and coordination of the traffic flow with the Chief of Police. Motion passed 5 to 0. RESOLUTION NO. R80-22, A RESOLUTION ENDORSING THE $1.00 PER CAPITA FROM STATE FUNDS FOR STATEWIDE LIBRARY DEVELOPMENT: Mayor Reid stated that Mrs. Bettye Alexander, Chairman of the Brazoria County Library Board, advised him that this Board has been working with Lt. Governor Hobby regard- ing this legislation. It is his desire that all communities with libraries speak `J in behalf of this request for additional funding. Resolution No. R80-22 read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman Gray that Resolution No. R80-22 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION R80-22 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENDORSING THE ONE DOLLAR PER CAPITA STATEWIDE FUNDING REQUEST OF THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION. Voting "Aye" - Councilman Gray, Councilman McComb, Councilwoman Coppinger and Council- man Lentz. Voting "No " - None Motion passed 4 to 0. Councilman Mack absent from Council Chambers at this time. RESOLUTION NO. R80-23, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH UNDERWOOD - NEUHAUS FOR HANDLING $325,000 CERTIFICATES OF OBLIGATION: City Manager Wicker recommended that the City Council approve the Contract with Underwood - Neuhaus and Company for the handling of the $325,000 in Certificates of Obligation. He stated that the cost to the City would be $6,250.00 under this contract. Resolution No. R80-23 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman McComb that Resolution No. R80-23 be passed and approved on first and only reading. Said Resolution No. R80-23 reads in caption as follows: RESOLUTION R80-23 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 AND COMPANY. Voting "Aye" - Councilman Gray, Councilman McComb, Councilman Mack, Councilwoman Coppinger and Councilman Lentz. Voting "No " - None Motion passed 5 to 0. ORDINANCE NO. 419, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $325,000 IN CERTIFICATES OF OBLIGATION FOR EXTENDING AND IMPROVING THE WATERWORKS SYSTEM OF THE CITY: Ordinance No. 419 read in caption by Mayor Reid. (First Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Lentz that Ordinance No. 419 be passed and approved on first of two readings. Said Ordinance No. 419 reads in caption as follows: ORDINANCE NO. 419 ORDINANCE AUTHORIZING ISSUANCE OF '$325,000 CITY OF PEARLAND, TEXAS, WATERWORKS SYSTEM CERTIFICATES OF OBLIGATION, SERIES 1980; AND CONTAINING OTHER PROVISIONS RELATING TO.THE`SUBJECT. Voting "Aye" —Councilman Lentz, Councilwoman Coppinger, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No " - None Motion passed 5 to 0. Certificate for Ordinance and complete text of ordinance reads as follows: CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND We, the undersigned officers of the CITY OF PEARLAND, TEXAS (the "City"), here- by certify as follows: 1. The City Council of the City convened in regular meeting on the 8th day of September, 1980, at its 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: TomReid Carlton McComb Charles Mack Alfred E. Lentz Fran Coppinger Terry Gray Dorothy L. Cook Mayor Council Member 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 ISSUANCE OF $325,000 CITY OF PEARLAND, TEXAS, WATERWORKS SYSTEM CERTIFICATES OF OBLIGATION, SERIES 1980; AND CON- TAINING OTHER PROVISIONS RELATING TO THE SUBJECT (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. �- 2. That a true, full and correct copy of the Ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certi- ficate; that the Ordinance has been duly recorded in the City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct ex- cerpt from the City Council's minutes of said meeting pertaining to the adoption of the Ordinance; 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 indi- cated 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 Ordinance 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. q� SIGNED AND SEALED this 8th day of September, 1980. City Secretary (SEAL) THE STATE OF TEXAS Mayor ORDINANCE 419 ORDINANCE AUTHORIZING ISSUANCE OF $325,000 CITY OF PEARLAND, TEXAS, WATERWORKS SYSTEM CERTIFICATES OF OBLIGATION, SERIES 1980; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS, (the "City"), authorized the publication of a notice of intention to issue certificates of obli- gation to the effect that the City Council will meet in the City Hall of the City on September 22, 1980, to adopt an ordinance authorizing the issuance of certifi- cates of obligation, payable from City ad valorem taxes and revenues of the water- works system of the City, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of extending and improving the waterworks system of the City, and the cost of professional services incurred in connection therewith; and WHEREAS, such notice was published at the times and in the manner required by the Constitutions and laws of the State of Texas and of the United States of America, respectively, particularly Article 2368a.1, Vernon's Texas Civil Statutes, as amended; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,THAT: Section 1. The facts and recitations contained in the preamble of this ordi- nance are hereby found and declared to be true and correct. Section 2. The City's negotiable certificates of obligation, to be designated CITY OF PEARLAND, TEXAS, WATERWORKS SYSTEM CERTIFICATES OF OBLIGATION, SERIES 1980 (hereinafter called the "Certificates"), are hereby authorized to be issued and deli- vered in the principal amount of $325,000 for the purpose of evidencing the indebt- edness of the City for all or any part of the cost of extending and improving the waterworks system of the City, and the cost of professional services incurred in connection therewith. Section 3. The Certificates shall be dated September 1, 1980, shall be num- bered consecutively from 1 through 65, shall be in two denominations of $5,000 each and shall mature serially on March 1 of each of the years, and in the amounts, re- spectively, set forth in the following schedule: YEAR AMOUNT 1983 $10,000.00 1984 40,000.00 1985 45,000.00 1986 50,000.00 1987 65,000.00 1988 60,000.00 1989 55,000.00 The Certificates 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 CERTIFI- CATE set forth in this ordinance. Section 4. The Certificates shall bear interest from their date to maturity or redemption at the rate of 6.50% per annum, evidenced by interest coupons which shall appertain to the Certificates and which shall be payable on the dates indi- cated in the FORM OF CERTIFICATE set forth in this ordinance. 87 Section 5. The Certificates, and the interest coupons appertaining thereto, shall be payable, shall have.the characteristics, and shall be signed and executed (and the Certificates shall be sealed), all as provided and in the manner indicated in the FORM OF CERTIFICATE set forth in this ordinance. Section 6. The form of the Certificates, 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 Certificates, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of the Certificates, shall be, respectively, substantially as follows: FORM OF CERTIFICATE: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND, TEXAS, WATERWORKS SYSTEM CERTIFICATE OF OBLIGATION SERIES 1980 ON MARCH 1, 19 , the CITY OF PEARLAND (the "City"), in the Counties of Bra- zoria 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 6.50% per annum, evidenced by interest coupons payable September 1, 1981, and semiannually there- after on each March 1 and September 1 while this Certificate is outstanding. The princiapl of this Certificate 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 Certi- ficate or proper interest coupon at the PEARLAND STATE BANK, Pearland, Texas, which shall be the paying agent for this series ,of Certificates. THIS CERTIFICATE is one of a series of negotiable, coupon certificates, dated September 1, 1980, numbered consecutively from l through 65, in the denomination of $5,000 each, aggregating $.325,000, issued in accordance with the Constitution and laws of the State of Texas,,,pArticularly,Article 2368a.1, Vernon's Texas Civil Statutes, as amended, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of extending and improving the waterworks system of the City, and the cost of professional services incurred in connection therewith, and pursuant to an ordinance (the "Ordinance") duly adopted by the City Council of the City, which Ordinance is of record in the official minutes of said City Council. ON MARCH 1, 1983, OR ON ANY INTEREST PAYMENT DATE THEREAFTER, the outstanding Certificates 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 bank at which the Certificates are payable and either (1) mailed to the bearer hereof, or (2) 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 re- demption,.due provision shall be made with the paying agent for the payment of the required redemption price. If such written notice of redemption is given and if due provision for such payment is made, all as provided above, the Certificates 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 agent with the funds so provided for such payment. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly 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 Certificate, have been performed, existed, and been done in accordance with law; that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City and have been pledged for.such payment within the limits prescribed by law; that this Certificate shall be a debt of the City within the mean- ing of Article XI, Sections 5 and 7 of the Constitution of Texas; and that, when de- livered, this Certificate shall be deemed and construed (i) to be a "Security" within the meaning of Chapter 8, Investment Securities, Uniform Commercial Code (Chapter 785, Acts of the 60th Legislature, Regular Session, 1967), and (ii) to be an obligation of the City within the meaning of Chapter 784, Acts of the 61st Legislature of Texas, Regular Session, 1969. IT IS FURTHER CERTIFIED, RECITED AND REPRESENTED that the revenues to be derived from the operation of the waterworks system of the City, after the payment of all operation and maintenance expenses of said system, are also pledged to the payment of the principal of and interest on this Certificate and the series of Certificates of which it is a part to the extent that said taxes levied and collected for same may ever be insufficient or unavailable for said purpose, the said pledge of re- venues being in all things junior and subordinate to the existing and any future pledge of and lien on said revenues for the payment of the interest on and principal of all waterworks and sanitary sewer system revenue bonds of the City, now outstand- ing or from time to time hereafter issued, all as set forth in the Ordinance. THE CITY HAS RESERVED THE RIGHT TO ISSUE ADDITIONAL PARITY CERTIFICATES, and said certificates may be payable from the same source, secured in the same manner and placed on a parity with this Certificate and the series of which it is a part, all as set forth in the Ordinance. IN WITNESS WHEREOF, this Certificate of Obligation 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, respec- tively, and the official seal of the City has been duly impressed, or placed in facsimile, on this Certificate. COUNTERSIGNED: xxxxxxxxxxxxxxxxxx City Secretary CITY OF PEARLAND, TEXAS (SEAL) Mayor CITY OF PEARLAND, TEXAS FOR OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate of Obligation has been examined, certi- fied as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate of Obligation has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal this (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 Certi- ficate to which this coupon appertains, upon presentation and surrender of this in- terest coupon, at the PEARLAND STATE BANK, Pearland, Texas, said amount being interest due that day on the Certificate of Obligation bearing the number hereinafter designa- ted of that issue of CITY OF PEARLAND, TEXAS, WATERWORKS SYSTEM CERTIFICATES OF OB- LIGATION, SERIES 1980, dated September 1, 1980. Certificate No. xxxxxxxxxxxxxxxxxxx City Secretary Mayor Section 7. A special fund or account, to be designated the "City of Pearland, Texas, Waterworks System Certificates of Obligation Interest and Sinking Fund" (here- inafter called the "Interest and Sinking Fund"), is hereby created and shall be es- tablished 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 Certificates and any additional certificates hereafter issued on a parity herewith. All ad valorem taxesleviedand collected for and on accountofthe Certi- ficates shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while: any of the Certificates or interest coupons appertain- ing 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 Certificates as such interest �..- comes due and to provide and maintain a sinking fund adequate to pay the principal of the.Certificates as such principal matures but never less than 2% of the original principal amount of the Certificates 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 pro- perty in the City for each year while any of the Certificates or interest coupons ap- pertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each year and deposited to the credit of the Interest and Sinking Fund. Said ad valorem taxes sufficientto provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment within the limits prescribed by law. Section 8. The revenues to be derived from the operation of the waterworks system of the City, after the payment of all operation and maintenance expenses of said system, are hereby pledged to the payment of the principal of and interest on the Certificates as the same come due to the extent that the taxes mentioned in Section 7 of this ordinance may ever be insufficient or unavailable for said purpose, provided that this pledge of said revenues is and shall be in all things junior and subordinate to the existing and any future pledge of and lien on said revenues for the payment of the interest on and principal of all waterworks and sanitary sewer system revenue bonds of the City now outstanding or from time to time hereafter issued. Section 9. Immediately following delivery of the Certificates to the purchaser thereof, the accrued interest and premium, if any, shall be deposited in the Interest and Sinking Fund. Section 10. The City expressly reserves the right to (a) issue additional parity certificates, which maybe payable from the same source, secured in the same manner and placed on a parity with the Certificates and (b) refund the Certificates in any manner provided bylaw. Section 11. The City certifies that based upon all facts and estimates now known or reasonably expected to be in existence on the date the Certificates are de- livered and paid for, the City reasonably expects that the proceeds of the Certificates will not be used in manner that would cause the Certificates or any portion of the Certificates to be an "arbitrage certificate" under Section 103(c)(2) of the Internal Revenue. Code of 1954, as amended, and the regulations prescribed thereunder. Further- more, 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 ex- pectations of the City as of the date the Certificates 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 Certificates are delivered and Paid for regarding the amount and use of the proceeds of the Certificates. Moreover, the City covenants that it shall make such use of the proceeds .of the Certificates, regulate investments of proceeds of the Certificates and take such other and further actions as may be required so that the Certificates shall not be "arbitrage certificates" under Section 103(c)(2) of the internal Revenue Code of 1954, as amended, and the regulations prescribed from time to time thereunder. Section 12. The Mayor of the City is hereby authorized to have control of the Certificates andallnecessary records and proceedings pertaining to the Certificates r— 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 registrationofthe Certificates, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comp- troller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each certificate, and the seal of the Comptroller shall be impresed, or placed in facsimile, on each of the Certificates. Section 13. The Certificates are hereby sold and shall be delivered to the PEARLAND STATE BANK, Pearland, Texas, for the par value thereof and accrued interest thereon to date of delivery, subject to the unqualified approving opinions, as to the legality of the Certificates, of the Attorney General of the State of Texas and of Vinson & Elkins, Houston, Texas, market attorneys; and its is hereby officially 9 (l found, determined, and declared that the Certificates are sold on the best terms and for the best price possible. Section 14. The approving opinion of Vinson & Elkins, Houston, Texas, may be printed on the back of each of the Certificates, but errors or omissions in such opinion shall have no effect on the validity of the Certificates. Section 15. The Mayor and all other appropriate officers of the City are here- by authorized and directed to do any and all things necessary or convenient to carry out the provisions of this ordinance. Section 16. This ordinance shall take effect immediately upon its passage following the second and final reading thereof. Section 17. 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 ordinance is adopted and for the adoption of this ordinance; and the NOTICE OF MEET- ING 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 8th day of September, 1980. ATTEST: City Secretary CITY OF PEARLAND, TEXAS (SEAL) Mayor CITY OF PEARLAND, TEXAS ORDINANCE NO. 246-63, AN ORDINANCE AMENDING THE LAND USE ORDINANCE AND LAND USE DISTRICT MAP, APPLICATION 82, LARRY LOESSIN - NS to MF - LOTS 1-4 and 45-48,BLOCK J, PEARLAND TOWNSITE: Ordinance No. 246-63 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Gray, seconded by Councilman Mack that Ordinance No. 246- 63 be passed and approved on first of two readings. Said Ordinance No. 246-63 reads in caption as follows: ORDINANCE NO. 246-63 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 Gray, Councilman McComb, Councilman Mack, Councilwoman Coppinger and Councilman Lentz. Voting "No " - None Motion passed 5 to 0. ORDINANCE NO. 246-64, AN ORDINANCE AMENDING THE LAND USE ORDINANCE AND LAND USE DISTRICT MAP, APPLICATION 83, ALVIN PAMPELL. (PU TO R-1 ON 0.983 ACRES IN THE W. D. C. HALL LEAGUE, ABSTRACT 70): Ordinance No. 246-64 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 246- 64 be passed and approved on first of two readings. Said Ordinance No. 246-64 reads in caption as follows: ORDINANCE NO. 246-64 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 Lentz, Councilwoman Coppinger, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No " - None Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO BID ADDITION TO .POLICE BUILDING, EXCAVATION OF SANI- TARY LANDFILL PIT, OPERATION OF SANITARY LANDFILL, DRAINAGE EQUIPMENT AND RECEIVE PRO- POSALS FOR OFFICIAL NEWSPAPER: It was moved by Councilman Gray, seconded by Councilman McComb that the City Manager be authorized to bid the following items: (a) Addition to Police Building; (b) Excavation of Sanitary Landfill Pit; (c) Operation of Landfill for one (1) year; (d) Drainage equipment; (e) Proposals from newspaper to serve as official paper for the City effective October 1, 1980. Motion passed 5 to 0. AMENDMENT TO LIBRARY ORDINANCE: This item to be on the next agenda. ADJUSTMENT IN THE 1979 TAX ROLL: The following adjustment was submitted by Tax Assessor Collector Jim DeShazer for Council consideration of adjustment to the 1979 Tax Roll: R E C A P P A G E ADJUSTMENTS TO 1979 TAX ROLL ASSESSED VALUE: Addition to Roll $ 995,747.00 Reduction to Roll ( -1,375,293.00) Adjusted -Revised Net Assessed Value ( - 379,546:00) TAX COMPUTATION: Addition to Roll $ .373.76 Reduction to Roll ( - 4,616.23) Adjusted -Revised Tax Dollors gained/lost ($- 4,242.47) ORDINANCE NO. 243-1, AN ORDINANCE PROVIDING FOR NOT LESS THAN $12,500 HOMESTEAD EXEMP- TION BASED ON APPRAISED VALUE - EFFECTIVE JANUARY 1, 1981: Tax Assessor -Collector Jim DeShazer advised that in 1979 and 1980 the City allowed $7,500 Homestead Exemption for persons 65 years and older. This $7,500 is based on the assessed value which is currently 60% of market value. In 1981 the Statutes man- date that all assessed values be increased to 100% market value. r�Z 6 j . Ordinance No. 243-1 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman McComb that Ordinance No. 243-1 be passed and approved on first of two readings. Said Ordinance No. 243-1 reads in caption as follows: ORDINANCE NO. 243-1 AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-6, ENTITLED HOMESTEAD EXEMPTION, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS THERETO; CONTAINING OTHER PROVISIONS RELATING TO SAID AMENDMENTS AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilman Gray, Councilman McComb, Councilman Mack, Councilwoman Coppinger and Councilman Lentz. Voting "No " - None Motion passed 5 to 0. RIGHT OF WAY FOR OLD ALVIN - JOHN LIZER INTERSECTION: This item to be considered after Executive Session. OTHER BUSINESS: 1. MAYOR RECESSED MEETING AT 10:15 P. M. FOR EXECUTIVE SESSION - TEXAS OPEN MEETINGS LAW, SECTION 2, SUBSECTION (f) PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. 2. RECONVENED TO OPEN SESSION AT 10:30 P. M. It was moved by Councilman McComb, seconded by Councilman Lentz that the City with- draw the condemnation proceedings against the Alexander Estate with respect to the Old Alvin - John Lizer Road Intersection, and the City Manager and City Attorney be authorized to negotiate the purchase of this right-of-way with the new owner of the property. Motion passes 5 to 0. ADJOURN: Meeting adjourned at 10:31 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1980. J Mayor ATTEST: City Secretary