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1981-07-27 CITY COUNCIL REGULAR MEETING MINUTESnen :'J MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 27, 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 Terry Gray Carlton McComb Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Councilman Farley. The Pledge of Allegiance was led by Councilman McComb. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the regular meeting held on July 13, 1981, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that officials from Pearland, Friendswood, and Drainage District No. 4 met with Mr. Omer Poorman, District Engineer of the State Department of High- ways & Transportation, regarding the widening of Highway 518 from Westminister Drive in Pearland to Lottie Lane in Friendswood. Mr. Poorman is receptive to the widening of Highway 518; however, he wanted to make sure that the problem of drainage, as a result of reworking the bridge at the Marys Creek By -Pass, would not get the Highway Department into a political controversy. Mr. Poorman was advised that Friendswood City Council made the decision that drainage matters will be referred to the Clear Creek Drainage District. This means that the drainage decisions must be worked out between the Clear Creek Drainage District and the Brazoria County Drainage District No. 4. Commissioner Hunter advised that DD No. 4 has offered Clear Creek Drainage District to utilize DD No. 4 equipment to widen, according to an engineering plan, Marys Creek from Highway 518 to Highway 2351 and, possibly, on into Clear Creek. Mayor Reid advised that we found out today that the Harris County Flood Control District has at the present time started work on the Marys Creek entrance to Clear Creek located in Harris County. COUNCIL ACTIVITY REPORTS: Councilman Farley advised that a meeting has been scheduled with Manvel for the pur- pose of working on a proposed agreement for use of the Pearland Landfill by Manvel. Councilman McComb spoke about the need for overhead water storage, new library and civic center, and the need for a bond issue to finance capital improvements projects. City Manager Wicker advised that he has been doing some preliminary work on the needs that involve water and sewer, public buildings, road and drainage. He suggested a Council Workshop so that priorities might be developed. Mayor Reid advised that he would appoint a committee to work on this item within the.next three weeks. DEPARTMENTAL REPORTS: City Manager Wicker reported that Brown & Root has moved back into town and is working on Grand Blvd. and the east end of Plum. CITIZENS: Doug Williams, representing Pearland 518 Ltd., spoke before the City Council with a request that the City annex some 61 plus acres at Harkey and Highway 518 into the City of Pearland. This property is located on the southwest side of Harkey Road at Highway 518. A discussion was held with Mr. Williams, and he was advised that the City would have to annex some adjacent property to the present City limits before this property could be annexed. Mr. Williams stated that his company would extend sewer and water service to the area they wished annexed. A discussion was held by the City Council regarding the need for adequate service to the area immediately contiguous to the present city limits that would have to be annexed. City Attorney Williams stated that he felt a staff report on what is needed should be furnished the City Council. Mr. Doug Williams advised that an additional letter, with exhibits, indicating their proposal for water and sewer service to their proposed development would be furnished to the City. DOCKETED PUBLIC HEARINGS: HOUSTON LIGHTING & POWER COMPANY'S REQUEST FOR RATE INCREASE: PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST FOR A RATE INCREASE: Mr. Ed Grisham, Brazoria District Manager.for the Houston Lighting & Power Company, appeared before the City Council and advised that on July 6, 1981 his company filed a request for a rate increase with the City of Pearland. The amount of increase that they are requesting is $248,000,000 overall systemwide. This would be an average increase of 9-l/2% overall. It is approximately 16% in the residential class and 60 to 8% commercial. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED RATE INCREASE: Mrs. Pat Helfrick, 1101 Bobby, spoke against the proposed rate increase. Mr. Dave Trombitas, 3403 Trelawney, spoke against the proposed rate increase. QUESTION AND ANSWER PERIOD: Mr. Grisham was asked why the request was higher for residential than for commercial. He stated that the trend through the PUC is to have each class of customer pay in relation to how much it cost to serve that class of customer. Through the years, the residential customer has had a less rate of return than the commercial and industrial classifications. The rate of return on the $248,000,000 would be 17% from the present ceiling of 15.80. COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY. ADJOURN HEARING. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: RESOLUTION NO. R81-19, A RESOLUTION SUSPENDING RATE CHANGES HERETOFORE FILED BY THE HOUSTON LIGHTING & POWER COMPANY: Resolution No. R81-19 read by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Gray that Resolution No. R81-19 be passed and approved on first and only reading. Said Resolution No. R81-19 reads in caption as follows: RESOLUTION NO. R81-19 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUSPENDING RATE CHANGES HERETOFORE FILED BY HOUSTON LIGHTING AND !' POWER COMPANY; PURSUANT TO SECTION 43 (d) OF THE PUBLIC UTILITIES REGULATORY ACT, ARTICLE 1446c, TEXAS REVISED CIVIL STATUTES. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack and Councilman Farley. Voting "No": None Motion passed 5 to 0. UNFINISHED BUSINESS: ORDINANCE NO. 429, AN ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION IN THE AMOUNT OF $400,000 FOR NEW WATER WELL: Ordinance No. 429 read in caption by Mayor Reid.(Second Reading) It was moved by Councilman Gray, seconded by Councilman McComb that Ordinance No. 429 be passed and approved on second and final reading. Said Ordinance No. 429 reads in caption as follows: 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 Motion passed 5 to 0. CERTIFICATE AND ENTIRE ORDINANCE AS APPROVED ON SECOND AND FINAL 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 27th 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 Carlton McComb Charles Mack Alfred E. Lentz Harry Farley Terry Gray Dorothy L. Cook Mayor Council Member Council Member Council Member Council Member Council Member City Secretary `, 5 9 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; 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 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 27th day of July, 1981. /S/ Dorothy L. Cook /S/ Tom Reid City Secretary Mayor (SEAL) 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 260 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 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 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 9.400 Certificates maturing 1992 9.750 Certificates maturing 1993 9.750 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: ?61 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 1981 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 % per annum, evidenced by interest coupons payable March 1, 1982, and semiannually thereafter on each September 1 and March l 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 of 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 provide 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 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, 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 NO. FORM OF INTEREST COUPON: ON 1, 19 , S 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. City Secretary xxxxxxxxxx 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" (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 hereafter issued on a parity here- with. All ad valorem taxes levied and collected for and 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 Underwood, - Neuhaus & Company and Pearland State Bank 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 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 27th day of July, 1981. /s/ Tom Reid ATTEST: Mayor CITY OF PEARLAND, TEXAS /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) ORDINANCE NO. 430, AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES BY ADDING NEW ARTICLE ENTITLED "REGULATED PROPERTY" PURCHASE AND SALE: Ordinance No. 430 read in caption by Councilman McComb. (Second Reading) It was moved by Councilman McComb, seconded by Councilman Lentz that Ordinance No. 430 be passed and approved on second and final reading. 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 Gray, Councilman McComb, Councilman Lentz, Councilman Mack and Councilman Farley. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-72, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE NO. 246, APPLICATION NO. 97, WILLIAM W. & KITTY HANER - PU TO OFFICE AND PROFESSIONAL: Ordinance No. 246-72 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Farley, seconded by Councilman Gray that Ordinance No. 246-72 be passed and approved on second and final reading. 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 Farley, Councilman Mack, Councilman Lentz, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: (CONTINUED) CHARTER REVIEW COMMISSION'S REPORT: City Attorney Bobby Williams is now working on his report on the proposed amendment and this item will be on the next agenda. SUBMISSION OF PROPOSED OPERATING BUDGET AND REVENUE SHARING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981: City Manager Ron Wicker presented his proposed Operating Budget and Revenue Sharing Budget to the City Council and asked that a Public Hearing before the City Council be called on August 10, 1981. It was moved by Councilman Gray, seconded by Councilman Lentz that a Public Hearing be called, under Docketed Public Hearings of the regular agenda, on August 10, 1981 on the Operating Budget and the Revenue Sharing Budget. Motion passed 5 to 0. ORDINANCE NO. 246-73, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING'ORDINANCE NO. 246 KNOWN AS THE LAND USE AND URBAN DEVELOPMENT'ORDINANCE -� APPLICATION,NO: 98;'AS AMENDED, C. H. ALEXANDER'ESTATE'AND HELEN F. ALEXANDER ESTATE: Ordinance No. 247-73 read in caption by Councilman Lentz. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Mack that Ordinance No. 246-73 be passed and approved on first of two readings. Said Ordinance No. 246-73 reads in caption as follows: ORDINANCE NO. 246-73 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. Or� Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246=741 AN ORDINANCE OF THE CITY OF PEARLAND AMENDING ORDINANCE NO. 246 KNOWN AS'THE LAND USE AND URBAN DEVELOPMENT ORDINANCE-'APPLICATION'NO.'95; BERT AND �uarTr�c .-ranrtrrnrT. Ordinance No. 246-74 read in caption by Mayor Reid. (First Reading) It was moved by Councilman McComb, seconded by Councilman Gray that Ordinance No. 246-74 be passed and approved on first of two readings. Said Ordinance No. 246-74 reads in caption as follows: ORDINANCE NO. 246-74 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, and Councilman Mack. Voting "No": Councilman Farley Motion passed 4 to 1. REVIEW AND POSSIBLE AWARD OF BID NO. B81-12, CHAIN LINK FENCE FOR LIBERTY ROAD WATER WELL: Bid No. B81-12 reviewed as follows: VENDOR TOTAL DAYS Hurricane Fence $6,352.00 -- United Fence 6,306.00 15 days Houston Fence Company 4,952.58 21 days Commercial Fence Co., Inc. 5,528.00 5 calendar days Foster Fence Corp. 5,380.76 10.calendar days All Tex Fence 5,193.00 15 calendar days C & C Fence Company 5,344.00 10 calendar days City Manager Wicker read a memorandum from Dick Oualtrough, City Engineer, recommending that Houston Fence Company be awarded the bid in the amount of $4,952.58 as the lowest and best bid. It was moved by Councilman McComb, seconded by Councilman Lentz that Bid No. B81-12 be awarded to Houston Fence Company in the amount of $4,952.58 as the lowest and best bid. Motion passed 5 to 0. 267 RESOLUTION NO. R81-20, AN AMENDED RESOLUTION BY THE CITY COUNCIL REQUESTING THE STATE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION TO FUND THE WIDENING OF F. M. 518 TO FOUR LANES FROM WESTMINISTER DRIVE EAST TO LOTTIE LANE) IN FRIENDSWOOD. Resolution No. R81-20 read in full by Mayor Reid. It was moved by Councilman Gray, seconded by Councilman McComb that Resolution No. R81-20 be passed and approved on first and only reading. Said Resolution No. R81-20 reads in caption as follows: RESOLUTION NO. R81-20 AN AMENDED RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO FUND THE WIDENING OF F. M. 518 TO FOUR LANES FROM WESTMINISTER DRIVE EAST TO LOTTIE LANE IN FRIENDSWOOD AS SOON AS POSSIBLE. Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 5 to 0. RECEIVE REPORT OF PROPOSED CAPITAL IMPROVEMENT PROJECTS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION INTO THE RECORDS: The following report was submitted by the Planning & Zoning Commission: r— CITY OF PEARLAND PROPOSED CAPITAL IMPROVEMENTS 1981 - 82 1. Widen FM 518 to Friendswood. Also, consider the feasibility of a continuous left turn center lane. 2. Improve and extend John Lizer Road direct to FM 518 as according to the Comprehensive Plan. 3. Install two 500,000 gallon elevated storage tanks. 4. Continue to make corrections and structural improvements in our drainage systems as recommended in Malcolm Collin's report. 5. New Library 6. New City Hall 7. New Civic Center 8. Park Land Acquisition according to Comprehensive Plan. Consider a major park on r^ the west side of town. 9. Erection of a permanent grounds keeper cabin at the entrance of Independence Park to replace existing mobil home. 10. Development of master plan for the movement of non vehicular traffic (bike trails and sidewalks) in the City. It was moved by Councilman Gray, seconded by Councilman Lentz that the Report of Proposed Capital Improvement Projects, as submitted by the P & Z, be entered into the records of the City. Motion passed 5 to 0. RESOLUTION NO. R81-21, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT WITH UNDERWOOD NEUHAUS & COMPANY AS PLACEMENT AGENTS FOR $400,000 IN CERTIFICATES OF OBLI- GATION: Resolution No. R81-21 read in full by Mayor Reid. It was moved by Councilman Farley, seconded by Councilman McComb that Resolution No. R81-21 be passed and approved on first and only reading. Said Resolution No. R81-21 reads in caption as follows: RESOLUTION NO. R81-21 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 UNDERWOOD, NEUHAUS & CO. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack, and Councilman Farley. Voting "No": None Motion passed 5 to 0. APPROVAL OF FEE SCHEDULE FOR PLATS FILED IN ACCORDANCE WITH SUBDIVISION CODE: The Subdivision Committee submitted the following fees to be placed on file in the office of the City Secretary relating to Plat and Replats under the Subdivision Code: Proposed Schedule of Fees for Submittal of Subdivision Plats The proposed amendment was acted upon by the Subdivision Committee which met Monday, July 20, 1981. The proposed schedule of fees are as follows: 1) Preliminary Plat: $25.00 filing fee, plus $1.00 per lot, tract or building lot, plus $10.00 per acre for other uses. 2) Final Plat: $25.00 filing fee, plus $0.50 per lot, tract or building lot, plus $5.00 per acre for other uses. 3) Vacation of Subdivision: $25.00 filing fee, plus $15.00 per acre of vacated property. 4) Replat: $25.00 filing fee, plus $1.00 per lot, tract or building lot, plus $10.00 per acre for other uses. 5) General Overall Plans and Street Dedications: a) General overall plans: $25.00 filing fee when plan is submitted separately and not part of a preliminary or final plat. b) Street dedication plats: $25.00 filing fee, plus $15.00 per acre (gross area of street right-of-way being dedicated) or any fraction thereof. It was moved by Councilman Mack, seconded by Councilman Lentz that the Schedule of Fees ,as submitted by the Subdivision Committee, be approved to be effective immedi- ately. Motion passed 5 to 0. OTHER BUSINESS: Meeting recessed to Executive Session at 9:50 P. M. under the Texas Open Meeting's Law, Section II, Subsection (e) Legal, and Section II, Subsection (g) Personnel. i Returned to open session 10:30 P. M. No action as a result of Executive Session. ADJOURN: Meeting adjourned at 10:31 P. M. Minutes approved as submitted and/or corrected this the /O day of A. D., 1981. ATTEST: i - City Secretar I-,,, Mayor