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1981-07-13 CITY COUNCIL REGULAR MEETING MINUTES'? 4' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 13, 1981, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Al Lentz Charles R. Mack Harry Farley Carlton McComb Terry Gray Ronald J. Wicker Bobby J. Williams (arrived 7:45 P.M.) Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Mayor Pro Tem Lentz. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Mack that the minutes of the regular meeting held on June 22, 1981, be approved as submitted. Motion passed 3 to 0. Councilman Farley and Councilman McComb abstained. It was moved by Councilman McComb, seconded by Councilman Lentz that the minutes of a ?— special meeting held on July 6, 1981, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that a copy of the Resolution passed at the special meeting was mailed to the Governor, Lt. Governor, Speaker, Senator Brown and Representative DeLay. This Resolution requested that the City of Pearland and Brazoria County Drainage District #4 be excluded from any legislation that might come up in the special session on creation of the Clear Creek Drainage Authority. A copy of this Resolution was also sent to the Drainage District and others locally. COUNCIL ACTIVITY REPORTS: Councilman McComb reported on a conversation he had recently with Senator Bentsen on various problems in the area. DEPARTMENTAL REPORTS: City Manager Wicker reported that new fees need to be established since the amendments to the Subdivision Code. Mayor Reid asked Councilman Mack and Councilman Lentz to con- i sides this matter at the next meeting of the Subdivision Zoning Ordinance Revision Committee and to bring back a recommendation to the City Council. City Manager Wicker reported that the Preliminary Plat of Willow Trails Subdivision was approved by the Planning Commission in accordance with the new revisions in the Code. He advised that this was included in the packet so that any member of the Council that might have questions regarding this proposed subdivision would be in a position to discuss the matter. CITIZENS: None DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE REQUEST BY C. H. ALEXANDER ESTATE AND HELEN F. ALEXANDER ESTATE, APPLICATION 98, AMENDED; PROPERTY LOCATED IN THE T. J. GREEN SURVEY, ABSTRACT 198, PEARLAND, TEXAS - PLANNED UNIT TO THE FOLLOWING CLASSIFICATIONS: 7.3484 acres to General Business; 16.4625 acres to Multi -Family; 12.1869 acres to General Residential; 67.6337 acres to Single Family R-2; 14.8903 acres to General Business; 22.3553 acres to Office and Professional. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Tom Alexander - 3208 Knottingham - representing the C. H. & Helen F. Alexander Estate. Mr. Alexander advised that some of the property would be for immediate use and some would have to be farmed until buyers could be found. He advised that this was an effort to start a zoning process on approximately 2400 acres of land that lies within the City of Pearland zoning district. He stated that he felt this requested zoning falls well within the categories that the City has done in the past. This is an effort to move ahead with a portion of the Estate that lies within the City. Mr. Alexander advised that the major thoroughfare plan for this area was in accordance with the Major Street Plan of the City's planners, Marmon:, Mok & Green. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: -- None QUESTION AND ANSWER PERIOD: Councilman McComb stated that we need to start at the shopping center and enlarge that ditch on the west side of the property, and he felt that we could not wait until all of the land sells and put the demand on the new owner that plans the development. He asked Mr. Alexander if the City could work with the C. H. & Helen Alexander Estates to obtain the right-of-way to enlarge this ditch. Mr. Alexander advised that actually many years ago his father gave all of the existing right-of-way for the drainage in that area. He felt that in some areas the ditch was the ultimate size; however, the Estate antici- pated that with the acreage designated the giving of additional right-of-way would be required. Mr. Alexander stated that they have discussed this matter with the Drainage District and the Estate plans to cooperate with them in whatever manner it takes to widen this ditch. Mayor Reid read into the records a letter from the Planning & Zoning Commission dated June 4, 1981 wherein they recommended, on a vote of 6 to 0 with one abstention, to the City Council the approval of Application No. 98, as amended. HEARING ADJOURNED CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 98 (AMENDED), C. H. AND HELEN F. ALEXANDER ESTATE: It was moved by Councilman Lentz, seconded by Councilman Gray that the City Attorney be instructed to prepare the appropriate ordinance for consideration by the City Council, amending the Land Use & Urban Development Ordinance in accordance with Application No. 98 (Amended) - C. H. & Helen F. Alexander Estates. Motion passed 5 to 0. MEETING RECESSED 8:07 P. M. - RECONVENED 8:15 P. M. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: COUNCIL DECISION ON APPLICATION NO. 95, BERT AND FRANCES JAMISON, PLANNED UNIT TO MULTI FAMILY ON 15.4912 ACRE TRACT LOCATED IN TRACT 43, AND A PORTION OF TRACT 29 AND 30, ABSTRACT 111, PEARLAND,. BRAZORIA COUNTY, TEXAS: City Manager Wicker stated that he was instructed to contact an engineer and have him review the adequacy of the existing lift --station for the Meadowcreek Apartments. Mr. Wicker read into the records the following letter from John Garner of the Municipal Engineering Company; this letter being dated June 29, 1981: June 29, 1981 CITY OF PEARLAND ,_.. P. 0. Box 1157 Pearland, Texas 77581 Attention: Mr. Ron Wicker Dear Mr. Wicker, As per your request, we have investigated the Sanitary Sewer Lift Station at the Meadow Creek Apartments. There are three factors that affect the stations' capacity,, ie the wet well, the force main and the pump capacity. We understand that the force main consists of a 6" plastic pipe about 2000 ft. long, the wet well is a 48 inch diameter pipe with about six feet of storage depth and the existing pump is a three inch hydro-matic. The lift station serves 298 apartment units, an area that has received zoning approval as Willow Trails Subdivision that will have about 142 units and commercial taps that are equivalent to about 10 taps. We estimate the flow from these units to be 300 gallons per minute.•. A 6 inch force main can easily carry 300 gallons per minute. The existing three inch pump will handle about 365 gallons per minute, however, another pump should be added to the lift station as a back up. The capacity of the wet well is barely adequate and must be increased if additional service is to be provided. i It's been a pleasure serving you, let us know if we may be of any further service. Yours truly, /S/ John Garner John D. Garner JDG/gr Mr. Wicker stated that he discussed this item in more detail with Mr. Garner and he indicated that he could see the steps in upgrading the lift station as follows: Presently, the lift station, as it now exists, is adequate to serve the apartments. When the Willow Trails Subdivision comes into being, we will need to have the developer provide the additional pump. If any development is added above the commitment to Willow Trails Subdivision, then an additional larger wet well will have to be installed. It was moved by Councilman McComb, seconded by Councilman Gray that the City Attorney be instructed to prepare the appropriate ordinance for Council consideration on Application No. 95, Bert & Frances Jamison, PU to MF on 15.4912 acres located in Tract 43, and a portion of Tract 29 and 30, Abstract 111, Pearland, Brazoria County, Texas. Motion passed 3 to 2'. Councilman Farley and Councilman Mack opposed. NEW BUSINESS: REQUEST BY AMOCO PRODUCTION TO MAKE SEISMOGRAPHIC TESTS ALONG S.H. 35, RR TRACKS AND SACRAMENTO STREET: Mr. Rick Lamb, representing Amoco Products, appeared before the City Council and stated that his company is interested in making Seismographic Tests in Pearland. The proposal would be to use shoulders of the State Highways; however, since no shoulders exist in the old town, from Orange to Walnut, they would cross Safeway's parking lot, go down the alleyway to MacDonalds, then to Sacramento Street until the railroad tracks, cross over the railroad tracks and go all the way down to Walnut Street, then proceed back over to Highway 35 where the shoulder begins. The other line would come directly from Highway 518 through town. They have received permission from the State Department of Highways & Transportation to use the shoulders. It was moved by Councilman Lentz, seconded by Councilman Farley that the City permit Amoco Production to utilize Highway 518, Highway 35, and Sacramento Street for seismo- graphic testing. Amoco Productions will provide the City with the necessary certificates of insurance, which have been approved by the City Manager and the City Attorney, and a $10,000.00 Bond. Further that the hours of operation will be between 9:00 A.M. and 4:00 P.M. (daylight hours only), and that all traffic protection will be provided by the City of Pearland Police Department by off-duty police officials, and that the Amoco Production will pay accordingly with there being no cost to the City. Motion passed 5 to 0. ORDINANCE NO. 429, AN ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION IN THE AMOUNT OF $ 4 0 0, 0 0 0 FOR NEW WATER WELL: Frank Ildebrando of Underwood, Neuhaus & Company appeared before the City Council and stated that the Pearland State Bank has agreed to buy $150,000 in Certificates. Mr. Ildebrando also stated that he would have a revised Placement Agent's Contract reflect- ing the cost of marketing the $250,000 in Certificates by his firm. This item will be on the next regular agenda for consideration. Ordinance No. 429 read in caption by Mayor Reid (First Reading) It was moved by Councilman Lentz, seconded by Councilman McComb that Ordinance No. 429 be passed and approved on first of two readings. Said Ordinance No. 429 reads in caption as follows: � 7 ORDINANCE NO. 429 ORDINANCE AUTHORIZING ISSUANCE OF $400,000 CITY OF PEARLAND, TEXAS, WATERWORKS SYSTEM, CERTIFICATES OF OBLIGATION, SERIES 1981. Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb, and Councilman Gray. Voting "No": None li Motion passed 5 to 0. CERTIFICATE AND ENTIRE ORDINANCE AS APPROVED ON FIRST READING IS AS FOLLOWS: CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS X COUNTIES OF BRAZORIA AND HARRIS X CITY OF PEARLAND X 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 13th day of July, 1981, at the regular meeting place thereof, within the City, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary, to -wit: Tom Reid Mayor Carlton McComb Council Member Charles Mack Council Member Alfred E. Lentz Council Member Harry Farley Council Member Terry Gray Council Member Dorothy L. Cook 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 $400,000 CITY OF PEARLAND, TEXAS, CERTIFICATES. OF OBLIGATION, SERIES 1981 (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, pre- vailed 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 certifi- cate; ertificate; that the Ordinance has been duly recd rd e d:in the City Council's minutes of said meeting; that the above and foregoing 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 afore- said 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. SIGNED AND SEALED this 13th day of July, 1981. /S/ Dorothy L. Cook City Secretary (SEAL) /S/ Tom Reid Mayor ORDINANCE AUTHORIZING ISSUANCE OF $400,000 CITY OF PEARLAND, TEXAS, WATERWORKS SYSTEM CERTIFICATES OF OBLIGATION, SERIES 1981 THE STATE OF TEXAS X COUNTIES OF BRAZORIA AND HARRIS X CITY OF PEARLAND X WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), authorized the publication of a notice of intention to issue certificates of obligation to the effect that the City Council will meet in the City Hall of the City on July 13, 1981, to adopt an ordinance authorizing the issuance 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 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: Section 1. The facts and recitations contained in the preamble of this ordinance are herby 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 1981 (hereinafter called the "Certificates"), are hereby authorized to be issued and delivered in the principal amount of $400,000 for the purpose of evidencing the in- debtedness 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 con- nection therewith.. Section 3. The Certificates shall be dated June 1, 1981, shall be numbered consecutively from 1 through 80, 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, respectively, set forth in the following schedule: YEAR AMOUNT 1990 $100,000 1991 100,000 1992 100,000 1993 100,000 Section 4. The Certificates shall bear interest per annum at the following rates, respectively, to -wit: Certificates maturing 1990 9.250 Certificates maturing 1991 9.40% Certificates maturing 1992 9.75% Certificates maturing 1993 9.75% 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: NO. FORM OF CERTIFICATE: UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND, TEXAS, WATERWORKS SYSTEM CERTIFICATE OF OBLIGATION SERIES 1981 $5,000 ON MARCH 1, 19 , 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 and to pay interest thereon, from the date hereof, at the rate of o per annum, evidenced by interest coupons payable March 1, 1982, and semiannually thereafter on each September 1 and March 1 while this Certificate is outstanding. The principal 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 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 June 1, 1981, numbered consecutively from 1 through 80, in the denomination of $5,000 each, aggregating $400,000, 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 profes- sional 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. IT IS HEREBY certified, recited, and convenanted 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 orovide for the pay- ment 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 tax- able 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 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 in- sufficient or unavailable for said purpose, the said pledge of revenues being in all things junior and subordinance 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, 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 apper- taining hereto have been signed with the facsimile signature of the Mayor and counter- signed 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 City Secretary CITY OF PEARLAND, TEXAS (SEAL) FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. 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 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 fk FORM OF INTEREST COUPON: ON 1, 19—, 2 5 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, upon presentation and surrender of this interest coupon, at the PEARLAND STATE BANK, Pear - land, 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 1981, dated June 1, 1981. Certificate No. xxxxxxxxxx xxxxxxxxxx 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 estab- lished 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 _2er-eafter_. issued on a parity here- with. All ad valorem taxes levied and collected for an on account of the Certificates 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 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 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 property in the City for each year 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 Certificates as the same come due to the extent that the taxes mentioned in Section 7 of this ordi- nance 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; and provided, further, that this pledge of said revenues is and shall be in all things on a parity with the pledge of and lien on said revenues for the payment of the interest on and principal of the City's outstanding Waterworks System Certificates of Obligation, Series 1980, dated September 1, 1980. 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 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. 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 delivered and paid for, the City reasonably expects that the proceeds of the Certif- icates will not be used in a 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. 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 expectations 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 convenants 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 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 registration 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 for the par value thereof and accrued interest thereon to date of delivery, subject to the unqualified approving opinions, as to the legal- ity 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 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 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 follow- ing 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 MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, is hereby authorized, approved, adopted and ratified. PASSED AND APPROVED this 13th day of July, 1981. ATTEST: /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) /s/ Tom Reid Mayor CITY OF PEARLAND, TEXAS CALL OF PUBLIC HEARING ON REQUEST BY HOUSTON LIGHTING & POWER COMPANY FOR RATE INCREASE: It was moved by Councilman McComb, seconded by Councilman Lentz that a Public Hearing on the request by Houston Lighting & Power Company for a rate increase be held under Docketed Public Hearings of the regular agenda of July 27, 1981. Also, that the Resolution suspending the rates be included as an item under new business. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO ENTER THE CITY WITH THE TEXAS MUNICIPAL LEAGUE AND OTHER CITIES THROUGHOUT THE STATE TO TAKE COLLECTIVE ACTION AGAINST'THE PROPOSED RATE INCREASE BY SOUTHWESTERN BELL TELEPHONE COMPANY: City Manager Wicker requested that the City Council approve an expenditure of 3.5G per capita for the City to join with the Texas Municipal League and other municipal- ities in collective action against the proposed rate increase by Southwestern Bell Telephone Company now pending before the PUC. It was moved by Councilman Gray, seconded by Councilman Farley that the City Manager be authorized to join with the Texas Municipal League and other municipalities in collective action against the proposed rate increase by Southwestern Bell Telephone Company at a cost of 3.54 per capita. Motion passed 5 to 0. AUTHORIZATION FOR MAYOR TO WORK WITH COMMISSIONER PLASTER IN OBTAINING CASH ALLOTMENT FOR ROAD REBUILDING: It was moved by Councilman Gray, seconded by Councilman Lentz that the Mayor be authorized to work with County Commissioner Plaster in obtaining a cash allotment for road rebuilding in lieu of previous request for actual construction work by County. Motion passed 5 to 0. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO BID APPROXIMATELY 1100 FEET OF 60" REINFORCED CONCRETE PIPE TO BE INSTALLED ALONG THE NORTH'SIDE OF ORANGE: City Manager Wicker advised that this pipe would be placed in the ditch on the north side of Orange Street from Mykawa to Capitol Pipe Company to help alleviate drainage problems in the Willowcrest area. The Drainage District has agreed to install this pipe for the City. It was moved by Councilman McComb, seconded by Councilman Lentz that the City Manager be authorized to bid No. B81-13, as amended, 8'x60" reinforced Tongue and Groove Concrete pipe to conform to State Highway specifications ASTMC 76, Class III, with bid opening to be Noon, August 7, 1981. Motion passed 5 to 0. SANITARY LANDFILL AGREEMENT WITH MANVEL FOR USE OF PEARLAND'S LANDFILL: City Manager Wicker requested that the Mayor appoint a Committee to work with Manvel on a Landfill Contract. Manvel submitted a contract; however, the City Attorney felt that some revisions needed to be made. Mayor Reid appointed a Committee to handle this item consisting of Councilman Farley as Chairman, Councilman Gray as member, City Manager Wicker as member, and City Attorney Bobby Williams as member. ENGINEER'S MONTHLY ESTIMATE NO. 1, WATER MAIN CONSTRUCTION ON WOODY ROAD BY BEN FELTS: It was moved by Councilman Lentz, seconded by Councilman Gray that Engineering Esti- mate No. 1, Water Main Construction on Woody Road by Ben Felts Contracting Company, in the amount of $55,356.75, be approved for payment from the appropriate bond fund. Motion passed 5 to 0. ORDINANCE NO. 430, AN ORDINANCE COVERING REGULATED PROPERTY - PURCHASE AND SALE: Ordinance No. 430 read in caption by Councilman McComb. (First Reading) It was moved by Councilman McComb, seconded by Councilman Lentz that Ordinance No. 430 be passed and approved on first of two readings, as amended. Said Ordinance No. 430 reads in caption as follows: ORDINANCE NO. 430 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING THERETO A NEW ARTICLE IV TO BE ENTITLED "REGULATED PROPERTY -PURCHASE AND SALE"; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Farley, Councilman Lentz, Councilman McComb and Councilman Gray. Voting "No": Councilman Mack Motion passed 4 to 1. ORDINANCE NO. 246-72, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING ORDINANCE NO. 246 KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 97, WILLIAM W. AND KITTY HANER - PU TO OFFICE AND PROFESSIONAL: Ordinance No. 246-72 read in caption by Councilman Lentz. (First Reading) 1 It was moved by Councilman Lentz, seconded by Councilman Gray that Ordinance No. 246-72 be passed and approved on first of two readings. Said Ordinance No. 246-72 reads in caption as follows: ORDINANCE NO. 246-72 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE- VELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack and Councilman Farley. Voting "No": None Motion passed 5 to 0. APPROVAL OF TRAFFIC CONTROL DEVICES ON OLD ALVIN ROAD, KNAPP ROAD, ORANGE STREET AND BOBBY STREET, NUMBER 39: City Attorney Bobby Williams read the following report, No. 39, from the Director of Planning and Transportation regarding the installation of traffic control devices as follows: STOP SIGNS 1. N.B. on Old Alvin Road at Knapp Road 2. S.B. on Old Alvin Road at Orange Street 3. N.B. on Old Alvin Road at Orange Street i STOP SIGNS (Continued) 4. E.B. on Orange Street at Old Alvin Road 5. W.B. on Orange Street at Old Alvin Road 6. S.B. on Bobby Street at Knapp Road It was moved by Councilman Farley, seconded by Councilman Gray that Report No. 39 from the Director of Planning & Transportation concerning the installation of the following Traffic Control Devices be affirmed and ratified and the same be officially declared to be an official traffic device for the City of Pearland. STOP SIGNS 1. N.B. on Old Alvin Road at Knapp Road 2. S.B. on Old Alvin Road at Orange Street 3. N.B. on Old Alvin Road at Orange Street 4. E.B. on Orange Street at Old Alvin Road 5. W.B. on Orange Street at Old Alvin Road 6. S.B. on Bobby Street at Knapp Road Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Gray, seconded by Councilman Lentz that the absence of Councilman Farley and Councilman McComb from the meeting of June 22, 1981 be shown as excused absences. Motion passed 3 to 0. Councilman Farley and Councilman McComb abstained. RECESSED AT 9:20 P.M. EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION II, SUBSECTION (e) LEGAL, AND SECTION II, SUBSECTION (g) PERSONNEL RETURN TO OPEN SESSION AT 11:30 P. M. ADJOURN: Meeting adjourned at 11:31 P.M. Minutes approved as submitted and/or corrected this the 'J day of A.D. 1981. Mayor ATTEST: C Secretary