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1980-09-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 22, 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 Tom Reid Councilman/Mayor Pro Tem Charles R. Mack Councilman Al Lentz Councilwoman Fran Coppinger Councilman Carlton McComb Councilman Terry Gray City Manager Ronald J. Wicker City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by City Attorney Bobby J. Williams. The Pledge of Allegiance was led by Councilwoman Coppinger. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Lentz that the minutes of the regular meeting held on September 8, 1980, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid issued a Proclamation for September 27, 1980, as "Pearland Hunting And Fishing Day" in Pearland. The proclamation was accepted by Mark Cook, a member of the Pearland Bass Casters bass club. Mayor Reid spoke about the success of the 4th Annual Founder's Day held on September 20, 1980, and recognized Mrs. Nell Fuller, parade chairman who was present at the meeting, for her efforts in assembling a parade for the occasion. Mayor Reid reported on a meeting held by County Judge Holbrook of Galveston County and County Judge Lindsey of Harris County on the possible establishment of a regional flood program. Mayor Reid announced that the voluntary Odd -Even Water Conservation Program would go into effect immediately, replacing the Mandatory Water Conservation Program we have been under since August. COUNCIL ACTIVITY REPORTS: Councilman Mack reported that Mayor Reid was elected as President of T. M. L. Region 14. Councilman Mack reported for the Subdivision Committee and advised that the Revised Exhibit "B" regarding construction of storm sewers 'is ready for Council review and asked that this item be placed on the next regular agenda. DEPARTMENTAL REPORTS: City Manager Ron Wicker reported that the striping of Mykawa Road from Orange Street to F. M. 518 is completed. CITIZENS: None DOCKETED PUBLIC HEARINGS: I. LAND USE CHANGE APPLICATION NO. 85 (AMENDED) - WAYNE MILLER, OWNER Classification MF to NS. Lots 25, 26 and 27, Block 31, Old Townsite, Pearland, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: A discussion was held regarding whether or not Mr. Miller amended his application from General Business to Neighborhood Service during the Public Hearing. City Manager Wicker advised that the Planning and Zoning Commission members were under the impression that an amendment to a more restrictive classification would not require an additional hearing and the action to recommend the zone change to the City Council was after the Planning and Zoning Commission Hearing had closed. PUBLIC HEARING ADJOURNED AT 8:25 P. M. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: DECISION ON APPLICATION NO. 85 (AMENDED), WAYNE MILLER - MF TO NS: A discussion was held on this item and City Attorney Bobby Williams advised that the Planning and Zoning Commission should be given some indicator as to the frontage zoning of Walnut Street. This would give the landowners along this street some indication of what future use the property could be. It is apparent that the trend, due to high traffic volume on this street, will either be neighborhood services or commercial development. It was moved by Councilman Mack, seconded by Councilman McComb that the City Attorney be directed to draw up the ordinance for Application 85 (amended) for consideration by the City Council. Motion passed 5 to 0. A suggestion was made that a letter be sent to the Planning and Zoning Commission regarding procedures for amendment of an application after a public hearing has been called. MEETING RECESSED 8:45 P. M. - RECONVENED 8:55 P. M.: CHANGE IN ORDER OF BUSINESS: CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § r._ 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 22nd day of September, 1980, at its regular meeting place thereof, within the City, and the -roll was -called of the duly constituted offi- cers and members of the City Council and the City Secretary, to -wit: Tom Reid Mayor Carlton McComb Council Member Charles Mack Council Member Alfred E. Lentz Council. Member Fran Coppinger Council Member Terry Gray Council Member Dorothy L. Cook City Secretary r2. and all of said persons were present, except the following absentees: ✓%? -_7y>-.? / , 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 CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT (the "Ordinance") was duly introduced for the consideration of the City Council, and for the second and final reading thereof, 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 for the second time, prevailed and carried by the following vote AYES: All members of the City Council shown present above voted "Aye".. , NAYS: None. .r 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 certificate; that the Ordinance 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 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 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 Ordinance.would be introduced and considered for adoption at said meetincx, 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 22nd day of Septemb r, 1980. �� ./�--moi--t. � • L--�--�� �� C �t ecretary Mayor (SEAL) 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 THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § 97 WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), authorized the publication of a notice of inten- tion to issue certificates of obligation 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 issu- ance of certificates of obligation, payable from City ad valorem taxes and revenues of the waterworks 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 water- works 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, J particularly Article 2368a.1, Vernon's Texas Civil Statutes, as amended; THEREFORE, BE IT ORDAINED.BY THE CITY COUNCIL OF THE CITY r" OF PEARLAND THAT: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be .true and correct. Section 2. The City's negotiable certificates of obliga- tion,-to bliga-tion, 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.delivered in the principal amount of $325,000 for the pur- pose of evidencing the indebtedness of the City for all or any part of the cost of extending and improving the waterworks r-- system of the City, and the cost of professional services in- curred in connection therewith. Section 3. The Certificates shall be dated September 1, .1980, shall be numbered consecutively from l through 65, shall be in the denomination of $5,000 each and shall mature serially on March 1 of each of the years, and in the amounts, respec- tively, set forth in the following schedule: 98 YEAR AMOUNT 1983 $10,000 1984 40,000 1985 45,000 1986 50,000 1987 65,000 1988 60,000 1989 55,000 The Certificates may be redeemed prior to their scheduled ma- turities, at the option of the City, on the dates stated and in the manner provided in the FORM OF CERTIFICATE 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 j 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. Section 5. The Certificates, and the interest coupons ap- pertaining thereto, shall be payable, shall have the character- istics, 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 inter- est coupons which shall appertain and be attached initially to each of the Certificates, shall be, respectively, substan- tially 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�1 the CITY OF PEARLAND (the "City"), in the Counties of Brazoria and Harris, in the State of Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS 99 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 thereafter on each March 1 and September 1 while this Certificate is outstanding. The principal of this Certificateand the interest coupons apper twining hereto shall be payable to bearer, in lawful money of r-- _ . _ the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this Certificate 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, aggre- gating $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 "Ordi- nance") 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 THEREAFTERi 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 publica- tion published in the City of New York, New York, or in the City of Austin, Texas. By the date fixed for any such redemption, due provision shall be made with the paying agent for the pay- ment 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 per- formed, 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 meaning of Article XI, Sections 5 and 7 of the Constitution of Texas; and that, when delivered, 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 main- tenance 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 revenues C being in all things junior and subordinate to the existing and any future pledge of and lien on said revenues for the payment 4 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, all as set forth in the Ordinance. THE CITY HAS RESERVED THE RIGHT TO ISSUE ADDITIONAL PARITY CERTIFICATES, and said certificates may 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, respectively, and the official seal of the City has been duly impressed, or placed in facsimile, on this Certificate. COUNTERSIGNED: xxxxxxxxxx Mayor xxxxxxxxxx CITY OF PEARLAND, TEXAS r" City Secretary CITY OF PEARLAND, TEXAS ( SEAL) FORM OF REGISTRATION CERTIFICATE COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. 1 I hereby certify that this Certificate of Obligation has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certifi- cate of Obligation has been registered by the Comptroller of Public. Accounts of the State of Texas. WITNESS my signature and seal this 1 xxxxxxxxxx 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 Certificate to which this coupon appertains, upon presentation.and surrender of this interest coupon, at the PEARLAND STATE BANK, Pearland, Texas, said amount being interest due that day on the Certificate of Obligation bearing the number hereinafter designated of that issue of CITY OF PEARLAND, TEXAS, WATERWORKS SYSTEM CERTIFICATES OF OBLIGATION, SERIES 1980, dated September 1, 1980. Certificate No. xxxxxxxxxx City Secretary xxxxxxxxxx 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" (hereinafter called the "Interest and Sinking Fund"), is hereby created and shall be established and maintained by the City at an official depository bank of the City. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City and shall be used only for paying the interest on and principal of the Certificates and any additional certificates hereafter issued on a parity herewith. All ad valorem taxes levied and collected for and on account of the Certificates shall be de- posited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Certificates or inter- est coupons appertaining thereto are outstanding and unpaid, the City Council of the City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required.to pay the interest on the Cer- tificates 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 20 of the original i !03 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 delinquen- cies and the cost of tax collection.. Said rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be levied, against all taxable property in the City for each year j while any of the Certificates or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the 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 r -- Certificates as the same come due to the extent that the taxes mentioned in Section 7 of this ordinance may ever be insuffi- cient or unavailable for said purpose, provided that this pledge of said revenues is and shall be in all things junior and sub- ordinate .to the existing and any future pledge of and lien on said revenues for the payment of the interest on and principal 1 of all waterworks and sanitary sewer system revenue bonds of the City now outstanding or from time to time hereafter issued. j Section 9. Immediately following delivery of the Certifi- cates to the purchaser thereof, the accrued interest and p�xemium, , I 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 may be 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 by law. 04 Section 11. The City certifies that based upon all facts and estimates now known or reasonably expected to be in exis- tence on the date the Certificates are delivered and paid for, the City reasonably expects that the proceeds of the Certifi- cates will not be used in a manner that would cause the Certifi- cates 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 there- under. Furthermore, all officers, employees and agents of the - City are authorized and directed to provide certifications of facts and estimates that are material to the reasonable expecta- tions 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 circum- stances 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 Certifi- cates 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 and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by ..the Attorney General of the State of Texas and their registra- tion by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each Certificate; and the seal of the Comptroller shall be impressed, or placed in facsimile, on each of the Certificates. Section 13. The Certificates are hereby sold and shall be delivered to the PEARLAND STATE DANK, 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 it is hereby officially 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 ori the back of each of the Cer- tificates,'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 hereby 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 emer- gency 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 MEETING relating to said meeting and hereto- I fore posted by the City Secretary, and the posting thereof, is hereby . authorized, approved, adopted and ratified. PASSED AND APPROVED this 22nd day of September, 1980. , - 1 %s/ Tom Reid ATTEST: Mayor CITY OF PEARLAND, TEXAS /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) A ORDINANCE NO. 246-63, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION 82 - LARRY LOESSIN, OWNER - NS TO MF: Ordinance No. 246-63 read in caption by Councilman Mack. (Second Reading) It was moved by Councilman Mack, seconded by Councilwoman Coppinger that Ordinance No. 246-63 be passed and approved on second and final reading. 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 AND URBAN DEVELOPMENT ORDINANCE - APPLICATION 83, ALVIN PAMPELL, OWNER - PU TO R-1: Ordinance No. 246-64 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance NO. 246-64 be passed and approved on second and final reading. 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 ORBAN 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, Council- man McComb and Councilman Gray. Voting "No ": None Motion passed 5 to 0. ORDINANCE NO. 243-1, AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-6, ENTITLED HOME- STEAD EXEMPTION OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS: Ordinance No. 243-1 read in caption by Mayor Reid. (Second Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Mack that Ordinance No. 243-1 be passed and approved on second and final reading. 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. 107 Voting "Aye": Councilman Lentz, Councilwoman Coppinger,.Councilman Mack, Councilman Councilman McComb and Councilman Gray. Voting "No ": None Motion passed 5 to 0. r NEW BUSINESS: (CONTINUED) ORDINANCE NO. 420, AN ORDINANCE REQUIRING THE HOUSTON LIGHTING AND POWER COMPANY TO FILE MODIFIED RATE SCHEDULES TO BE CHARGED IN THE CITY OF PEARLAND: Ordinance No. 420 read in caption by Mayor Reid. (First Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Gray that Ordinance No. 420 be passed and approved on first reading. Said Ordinance No. 420 reads in caption as follows: ORDINANCE NO. 420 AN ORDINANCE REQUIRING THE HOUSTON LIGHTING &`POWER COMPANY TO FILE MODIFIED RATE SCHEDULES TO BE CHARGED IN THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FIND- INGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CONFLICT HEREWITH. Voting "Aye" Councilman Lentz, Councilwoman Coppinger, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No ": None Motion passed 5 to 0. This ordinance provides that the Houston Lighting & Power Company file rate schedules to be effective within the City of Pearland indentical to those rate schedules filed with and approved by the Public Utility Commission of Texas pursuant to the Commission's Final Order in Docket No. 3320. The Public Hearing recessed earlier will be reconvened before the final reading of the ordinance. REPORTS FROM PLANNING & ZONING COMMISSION AND CALL OF PUBLIC HEARING ON APPLICATION NO. 86, RONALD HAUSMAN - PU TO PA; APPLICATION NO. 87, VICTOR STURM - R-2 TO OP; APPLICATION 88, JONES AND MIZE - NS TO GB: Mayor Reid read a report from the Planning & Zoning Commission dated September 18, 1980, on Application No. 86, Ronald Hausman, owner, as follows: September 18, 1980 HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Dear Members: On the evening of September 16, 1980, the Planning and Zoning Commission considered Application No. 86j Ronald Hausman, Owner, for an amendment to the Land Use and Urban Development Ordinance from classification PU and R-2 to PU and Plan Approval. A public hearing was held.before the Commission on September 2, 1980, and tabled at that time for further consideration. 0 Harry Farley moved that the Planning and Zoning Commission recommend to City Council to approve Application No. 86 contingent upon the following items: 1. A homeowner's association be established in the restrictive covenant. 2. Single family attached homes be built in conformance to the City of Pearland building ordinance pertaining to townhouses; and single family detached homes be built in conformance to the City of Pearland building ordinance pertaining to single family dwellings. 3. The plan of Willow Trails, dated 8-20-80 and revised 8-25-80 and 9-8-80, be accepted as the approved plan for this zone change. The motion was seconded by Bill Fascino. The motion passed with a vote of 4-2 with Mike Coppinger and Richard Tetens voting against. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Yours truly, Richard Tetens, Chairman Planning _& Zoning Commission Councilman Mack read a report from the Planning and Zoning Commission dated September 18, 1980, on Application No. 87, Victor Sturm, Owner, as follows: September 18, 1980 HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Dear Members: On the evening of September 16, 1980, the Planning and Zoning Commission held a public hearing on Application No. 87, Victor A. Sturm, Owner, for an amendment to the Land Use and Urban Development Ordinance from classification R-2 to Office and Professional. Mr. Sturm expressed his desire to make a zone change so he could have his law office on Ray Street; however, many of the residents who live on Ray Street in the Darlinda Addition appeared to express their opposition. These citizens were concerned about spot zoning and were afraid such a zone change would alter the character of the Dar- linda Addition. Following the hearing a motion was made by Mike Coppinger that the Planning and Zoning Commission recommend to City Council that Application No. 87 not be approved. The motion was seconded by Clyde Starns and passed by a vote of 6 to 0. The Planning and Zoning Commission now presents this recommendation to City Council for their consideration. Yours truly, Richard Tetens, Chairman Planning & Zoning Commission Mayor Reid read a report from the Planning & Zoning Commission dated September 18, 1980, on Application No. 88, Jones & Mize, Agents, for owner, Hardie R. Barr as follows: September 18, 1980 HONORABLE MAYOR AND CITY COUNCIL .� City Hall Pearland, Texas Dear Members: On the evening of September 16, 1980, the Planning & Zoning Commision held a Public Hearing on Application No. 88, Hardie R. Barr, Owner, for an amendment to the Land Use and Urban Development Ordinance from classification Neighborhood Service to. General Business. A motion was made by Harry Farley that the Planning and Zoning Commission recommend to City Council that Application No. 88 be approved contingent upon provision of adequate screening between the business property and the residential property on the Southern boundary, described as the "West" residence. The motion was seconded by Clyde Starns and passed by a vote of 6 to 0. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Yours truly, Richard Tetens, Chairman Planning & Zoning Commission It was moved by Councilman Mack, seconded by Councilman McComb that Public Hearings before the City Council be called under Docketed Public Hearings of the regular agenda on Applications No. 86, Ronald Hausman, No. 87, Victor Sturm, and No. 88, Jones & Mize. Motion passed 5 to 0. PRELIMINARY PLAT OF COUNTRYPLACE, SECTION II.: The preliminary plat of Countryplace, Section, II was brought before the City Council for consideration. The City Council discussed with Mr. Trent Marsh, representing the developers of Countryplace Section II the apparent changes being made on the pre- liminary plats from the overall concept that was reviewed by them originally. McHard Road, drainage easements and access easements were discussed at length with Mr. Marsh, go- after which the following motion was made: It was moved by Councilman Lentz, seconded by Councilman McComb that the preliminary plat of Countryplace Section II be approved subject to the following conditions: 1. That the entire unplatted portion of McHard Road be shown on the preli- minary plat. 2. That the access easement across Reserve H be shown on the preliminary plat, going to the commercial area. 3. Provide some means of paved access at the east end of the site. Motion passed 5 to 0. CALL OF PUBLIC HEARING BEFORE THE PLANNING & ZONING COMMISSION ON APPLICATION NO. 89, JACK ALEXANDER, OWNER. It was moved by Councilman Lentz, seconded by Councilman Gray that a Public Hearing before the Planning and Zoning Commission be called on Application No. 89, Jack Alexander for October 7, 1980, at 7:30 P. M. Motion passed 5 to 0. REVIEW OF PROPOSALS RECEIVED FOR OFFICIAL NEWSPAPER AND PASSAGE OF RESOLUTION DESIGNAT- ING OFFICIAL PAPER - R80-24: Only one proposal was received by the City to serve as the official paper effective October 1, 1980. This was from The Journal - Pearland Edition for a price of 7� per word. Resolution R80-24 was read by Councilman McComb. . 10 It was moved by Councilman McComb, seconded by Councilman Gray that Resolution R80-24 be passed and approved on first and only reading. Said Resolution No. R80-24 reads in caption as follows: RESOLUTION R80-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND THE JOURNAL. Voting "Aye": Councilman Lentz, Councilwoman Coppinger, Counclman Mack, Councilman McComb and Councilman Gray. Voting "No ": None Motion passed 5 to 0. ADJUSTMENT IN THE 1979-80 BUDGETS - GENERAL FUND, WATER AND SEWER; ALLOCATION OF BALANCE IN COUNCIL CONTENGENCY FUND: It was moved by Councilman McComb, seconded by Councilman Lentz that the following adjustments be made in the 1979-80 Budget: GENERAL FUND Estimated Income $3,031,542.00 Estimated Expense 3,031,542.00 WATER & SEWER Estimated Income 900,631.00 Estimated Expense 900,631.00 and the remaining balance in the Council Contingency Fund of $20,562.51 be allocated' to the City Service Center. Motion passed 5 to 0. RESOLUTION NO. R80-25, A RESOLUTION REQUESTING THE STATE DEPARTMENT OF HIGHWAYS & TRANSPORTATION TO FUND THE WIDENING OF F. M. 518 TO FOUR LANES FORM WESTMINISTER DRIVE EAST TO THE CITY LIMITS: Resolution R80-25 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Lentz that Resolution R80-25 be passed and approved on first and only reading. Said Resolution No. R80-25 reads in caption as follows: RESOLUTION R80-25 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTA- TION TO FUND THE WIDENING OF F. M. 518 TO FOUR LANES FROM WESTMINISTER DRIVE EAST TO CITY LIMITS AS SOON AS POSSIBLE. Voting "Aye": Councilman Lentz, Councilwoman Coppinger, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No ": None Motion passed 5 to 0. ENGINEERING ESTIMATE NO. 4, GALIN CORPORATION - STREET IMPROVEMENTS TO OLD ALVIN ROAD FROM ORANGE STREET TO KNAPP ROAD, INCLUDING A PORTION OF KNAPP ROAD: 0 It was moved by Councilman Lentz, seconded by Councilman Gray that Engineering Estimate No. 4, to the Galin Construction Company for Street Improvements on Old Alvin Road from Orange Street to Knapp Road, in the amount of $52,697.69 be approved for payment from the appropriate bond fund. Motion passed 5 to 0. ADJOURN: Meeting adjourned 10:45 P. M. Minutes approved as submitted and/or corrected this the /151� day of ��/-2p',L' , A. D., 1980. '=' - P, Mayor i ATTEST: City Secretary