1981-08-24 CITY COUNCIL REGULAR MEETING MINUTES7
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD QN
AUGUST 24, 1981, AT 7:30 P. M. IN THE CITY HALL, 2-3-35-N. TEXAS AVENUE,PEARLAND'TEXAS:'
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilman/Mayor Pro Tem Al Lentz
Councilman Harry Farley
Councilman Terry Gray
Councilman Charles R. Mack
Councilman Carlton McComb
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 Mayor Tom Reid. The Pledge of Allegiance was led by Councilman
Farley.
APPROVAL OF MINUTES:
It was moved by Councilman Lentz, seconded by Councilman Mack that the minutes of the regular
meeting held on August 10, 1981, be approved as submitted. Motion passed 4 to 0. Councilman
McComb abstained.
MAYOR'S ACTIVITY REPORT:
Mayor Reid urged all Councilmen to read the Senate Bill No. 28 creating new boundary
lines for Brazoria County Drainage District No. 4.
COUNCIL ACTIVITY REPORTS:
Councilman McComb reported that in reviewing the plat approved by the Planning Commission
of Southdown Section I he noted one foot reserves where the streets were stubbed out. He
stated that one of the things that U. S. Homes agreed to was an emergency exit out of the
subdivision. He requested that information from the files be furnished the Planning &
Zoning Commission on agreements made between the City and U. S. Homes so that they will
be apprised of any prior agreements before the Plat is approved.
City Manager Wicker stated that the Plat has been corrected to show - the one foot reserve
remaining on the east side, however, on the west side it has been removed to provide an
emergency exit road, which, when adjacent plat is filed, could be abandoned.
Councilman Lentz pointed out that dedications of the sewer -:.treatment site, water plant
site and access thereto were to be dedicated prior to approval of the final plat. The 140
foot drainage easement was shown on the preliminary plat as to be dedicated by separate
instrument.
City Manager Wicker advised that since the City Engineer and the City Attorney have not
as yet signed the Final Plat we still have control of the situation for any other corrections
deemed necessary.
DEPARTMENTAL REPORTS: NONE
CITIZENS: NONE
DOCKETED PUBLIC HEARINGS: NONE
UNFINISHED BUSINESS:
APPROVAL OF OFFICIAL STATEMENT FOR $400,000 CERTIFICATES OF OBLIGATION SALE:
The Official Statement for the sale of $400,000 Certificates of Obligation as prepared
by Underwood Neuhaus &Company, Fiscal Agents for the City was brought before the City
Council for approval.
It was moved by Councilman Mack, seconded by Councilman McComb that the Official
Statement for the sale of $400,000 in Certificates of Obligation as submitted by
the Fiscal Agents, Underwood Neuhaus & Company be approved. Motion passed 5 to 0.
i
MOTION TO REMOVE FROM TABLE ORDINANCE NO. 246-74, LAND USE CHANGE - BERT AND FRANCES
JAMISON, APPLICATION NO. 95:
It was moved by Councilman Lentz, seconded by Councilman Gray that Ordinance No. 246-74
previously tabled, be removed from the table and brought before the City Council for
consideration. Motion passed 5 to 0.
ORDINANCE NO. 246-74, LAND USE CHANGE BERT AND FRANCES JAMISON.- PU TO MF:
Ordinance No. 246-74 read in caption by Councilman McComb. (Second Reading)
It was moved by Councilman McComb, seconded by Councilman Lentz that Ordinance No.
246-74 be passed and approved on second and final reading. 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
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS;
PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT MAP;
PROVIDING FOR AN EFFECTIVE DATE AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
Voting "aye" — Councilman Gray, Councilman McComb, Councilman Lentz& Councilman Mack.
Voting "no" - Councilman Farley
Motionpassed4 to 1.
NEW BUSINESS:
ACCEPTANCE AND APPROVAL OF THE 1981 TAX ROLL AS CERTIFIED BY THE TAX ASSESSOR AND APPROVED
BY THE BOARD OF EQUALIZATION:
The following report was read into the records by Jim DeShazer, Tax Assessor -Collector
of the City of Pearland:
"STATE OF_TEXAS X
COUNTIES OF BRAZORIA & HARRIS X
CITY OF PEARLAND X
ASSESSED VALUES 1981
LAND
IMPROVEMENTS
PERSONAL PROPERTY
TOTAL TAX ROLL - 1981
$ 82,016,330
178,235,850
79,750,769
$340,002,949
I, James 0. DeShazer, Assessor for the City of Pearland, Texas, do solemnly swear
that the rolls to which this is attached contains a list of the real and mixed property
?.79
subject to taxation in the City of Pearland, Texas, for the Tax Year 1981, so far
as I have been able to ascertain the same. The assessed value set down in the total
column opposite its location is the true and correct valuation thereof as ascertained
by law, as I verily believe.
s/ James 0. DeShazer
James 0. DeShazer, C.T.A.
Tax Assessor -Collector
Sworn to before me this the 19thday of August, 1981.
s/ Dorothy S. Thompson
Notary Public, Brazoria County, Texas _
STATE OF TEXAS X
COUNTIES OF BRAZORIA & HARRIS X
CITY OF PEARLAND X
The Board of Equalization for 1981 having been called in session to approve
the final tax roll as prepared and presented by the Assessor, the following summary was
presented to them:
ASSESSED VALUE 1981
LAND
IMPROVEMENTS
$ 82,016,330
178,235,850
PERSONAL PROPERTY 79,750,769
TOTAL TAX ROLL $340,002,949
The above and foregoing have been found correct, the final roll as certified
by the Assessor was approved, along with the minutes of the Board of Equalization
for the City of Pearland, Texas, for the Year 1981.
s/
Ralph Wemhoff
Chairman
s/
Jim Campise
Member
s/
Frances Lobb
Member
S1
Teddy Triplett
Member
s/
Raymond Vial
Member
Dated this the 19th day of August, 1981."
It was moved by Councilman Gray, seconded by Councilman McComb that the 1981 Tax Roll
as presented by the Tax Assessor -Collector and Certified by the Board of Equalization
be approved. Motion passed 5 to 0.
ORDINANCE NO. 431, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR
THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982.
Ordinance No. 431 read in its entirety by Councilman Lentz. (First Reading)
It was moved by Councilman Lentz, seconded by Councilman Gray that Ordinance No. 431
be passed and approved on first of two readings. Said Ordinance No. 431 reads as
follows:
ORDINANCE NO. 431
AN APPROPRIATION ORDINANCE ADOPTING A REVENUE
SHARING BUDGET FOR THE ENTITLEMENT PERIOD
BEGINNING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30,
1982.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION 1. That the City Manager's proposed Revenue Sharing Budget be adopted
in compliance with the provisions of Article 8 of the Home Rule Charter of the City
of Pearland, Texas, which sets forth certain very specific requirements as to the
City of Pearland.
SECTION 2. That there is hereby appropriated the following sums to be expended
as outlined:
PUBLIC SAFETY $ 21,950
PUBLIC TRANSPORTATION 30,000
ENVIRONMENTAL PROTECTION 26,000
HUMAN RESOURCES 5,000
RECREATION 28,000
OTHER 17,000
TOTAL
$ 127,950
SECTION 3. That this ordinance shall become effective from and after its passage
on second and final reading.
PASSED AND APPROVED on FIRST READING this day of , A. D. 1981
Mayor, City of Pearland, Texas
ATTEST:
City Secretary
PASSED AND APPROVED on the SECOND READING on this day of ,
A. D. 1981.
Mayon, City of Pearland, Texas
ATTEST:
City Secretary
VOTING "aye"a- Councilmtann GGra� ,,,CouncilmanMM� Comb, Co�u��jc' loran Mack, Councilman Lentz &
A -T2-, AN 0AFPI P!%%TIOIP*INAi'�iG �,�CRMMPA BtbGiT'FOR THE FISCAL'YEAR
BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982:
Ordinance No. 432 read in its entirety by Councilman Gray. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 432
be passed and approved on first of two readings. Said Ordinance No. 432 reads as
follows:
ORDINANCE NO. 432
AN APPROPRIATION ORDINANCE ADOPTING A BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981
AND ENDING SEPTEMBER 30, 1982.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION 1. That the City Manager's proposed budget be adopted in compliance
with provisions of Article 8 of the Home Rule Charter of the City of Pearland, Texas,
which sets forth certain very specific requirements as to the City of Pearland.
SECTION 2. That there is hereby appropriated the sum of '$3,832,353.00 to the
General Fund for the payment of operating expenses and necessary capital outlay
for the City Government.
SECTION 3. That there is hereby appropriated, the sum of $576,453.00 to the
Interest and Sinking Fund for general debt service for the purpose of paying the
interest due on the General Obligation Bonds, Certificates of Obligation, and
Warrants of the City and principal for redeeming such Bonds, Certificates of
Obligation, and Warrants as they mature.
SECTION 4. That there is hereby appropriated the sum of $831,726.00 to the
t*Q`(1
L, ( ) 'z
Water and Sewer Utility Fund for operating expenses and necessary capital outlay
for the Water and Sewer Departments.
SECTION 5. That there is hereby appropriated the sum of $260,612.00 to the Water
and Sewer Utility Department Service for the purpose of paying principal and interest
on Water and Sewer Revenue Bonds and a Bond Reserve.
SECTION 6. That this ordinance shall become effective from and after its passage
on second and final reading.
PASSED AND APPROVED on the FIRST READING this day of
A. D. 1981.
Mayor, City of Pearland, Texas
ATTEST:
City Secretary
PASSED AND APPROVED on the SECOND READING on this day of
A. D. 1981.
Mayor, City of Pearland, Texas
ATTEST:
City Secretary
Voting "aye" - Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb
and Councilman Gray. Voting "no" - None Motion passed 5 to 0.
ORDINANCE NO. 433, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL
GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, c -114D .P,:.OVIDING FOR THE INTEREST AND SINKING
FUND FOR THE TAXABLE YEAR 1981:
Ordinance No. 433 read in its entirety by Councilman Farley. (First Reading)
It was moved by Councilman Farley, seconded by Councilman Mack that Ordinance No. 433
be passed and approved on first of two readings. Said Ordinance No. 433 reads as
follows:
ORDINANCE NO. 433
AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT
OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND,
TEXAS; AND PROVIDING FOR THE INTEREST AND SINKING
FUND FOR THE TAXABLE YEAR 1981 AND APPORTIONING EACH
LEVY FOR THE SPECIFIC PURPOSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION 1. That there is hereby levied and there shall be collected for the
use and support of the Municipal Government of the City of Pearland, Texas, and to
provide interest and sinking fund for the year Nineteen Hundred and Eighty-one
upon all property, real, personal, and mixed within the corporate limits of said
City subject to taxation, a tax of sixty-two cents on each One Hundred Dollar
($100) valuation of property, said tax being so levied and apportioned to the
specific purposes herein set forth:
(1) For the maintenance and support of the General Government (General Fund),
the sum of $ .443 on each $100.00 Dollar valuation of property, and
(2) For the Interest and Sinking Fund, the sum of $ .177 on each $100.00
valuation of property, to be apportioned as follows:
Series
Waterworks and Sewer System Imp. U/L Tax Bonds 1961
Water and Sewer System Improvement Bonds
1964
General Obligation Bonds Waterworks & Sewer System
Improvement Bonds
1966
General Obligation Bonds, Municipal Building Bonds,
Waterworks and Sanitary Sewer Bonds
1968
General Obligation Bonds, Sanitary Sewer, Park Land
Acquisition, Waterworks, and Solid Waste Disposal
Facility Bonds
1975
Certificates of. Obligation
1976
Certificates of Obligation
1976A
City of Pearland Pumper Fire Truck Time Warrants
1977
Certificates of Obligation (Pool)
1978
Certificates of Obligation (City Service Center)
1978A
Certificates of Obligation (Streets)
1978B
General Obligation Bonds
1978
Emergency Medical Services Time Warrants (Ambulance)
1979
Drainage Study Time Warrants
1979
Waterworks System Certificates of Obligation
1980
Waterworks System Certificates of Obligation
1981
SECTION 2. All monies collected under this ordinance for the specific items
therein named, be and the same are hereby appropriated and set apart for the specific
purpose indicated in each item and that the Assessor &,-Collector
of Taxes, the City
Treasurer, and the City Manager shall so keep these accounts as
to readily and
distinctly show the amount collected, the amounts expended, and
the amount on
hand at any time belonging to such funds. It is hereby made the duty of the Tax
Assessor and Collector of Taxes and every person collecting money for the City of
Pearland to deliver to the City Treasurer and the City Manager,
at the time of
depositing of any monies, a statement showing to what funds such deposit should be
made, and from what source received. All receipts for the City
not specifically
apportioned by this ordinance are hereby made payable to the General Fund of the
City.
SECTION 3. That this ordinance shall take effect and be in force from and
after its passage on second and final reading.
PASSED AND APPROVED ON FIRST READING THIS day of
, A. D. 1981.
Mayor, City of Pearland, Texas
ATTEST:
City Secretary
'— PASSED AND APPROVED ON SECOND AND FINAL READING THIS day of
A. D. 1981.
ATTEST: Mayor, City of Pearland, Texas
City Secretary
Voting "aye" - Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb
and Councilman Gray.
Voting "no" - None
Motion passed 5 to 0.
APPROVAL OF ESTIMATE FROM LAYNE TEXAS COMPANY FOR WATER WELL ON LIBERTY DRIVE IN THE
AMOUNT OF $15,390.00:
It was moved by Councilman Gray, seconded by Councilman McComb that invoice from
Layne Texas Company, Inc. in the amount of $15,390.00 for the water well on Liberty
Drive be approved. Motion passed 5 to 0.
AUTHORIZATION FOR PAYMENT FROM THE SEWER BOND FUND TO BEN FELTS CONTRACTING COMPANY
FOR EMERGENCY REPAIRS TO SEWER LINES:
City Manager Wicker advised the City Council that during the past month we had two
major emergency sewer problems arise. One being a sewer line in the alley on Highway
35 behind the Pearland Auto Supply and because of the quicksand level in the area,
this sewer line had become blocked and sewer service for the area east of Highway 35
and notth of Highway 518 became a real problem. To further compound the problem,
we had extensive cave-ins during our repair operation. Because of the lack of equipment
and expertise, we enlisted the services of Ben Felts Contracting Company to complete
the project. We had a similar problem on a sewer line at Washington and Highway 518
adjacent to the First Baptist Church. This line was especially critical in that it
drains the Old Townsite area bounded by Highway 518, Mykawa Road, Orange Street and
the railroad. It was necessary to enlist the aid of Ben Felts Contracting Company
in this project also. The total bill for the two projects amount to $55,925.43.
Mr. Wicker stated that both ,the City Attorney and the Bond Attorney advised that
payment could be made out of the Sewer Bond Fund Account on an emergency basis.
It was moved by Councilman McComb, seconded by Councilman Lentz that $55,925.43
be paid to Ben Felts Contracting Company for emergency sewer repairs and that this
money be paid out of the Sewer Bond Fund. Motion passed 4 to 0. Councilman Gray
absent from the Council Chambers at this time.
RESOLUTION NO. R81-22, AN AMENDED RESOLUTION REQUESTING THE STATE DEPARTMENT OF HIGHWAYS
AND TRANSPORTATION TO WIDEN HIGHWAY 518 FROM WESTMINISTER DRIVE IN PEARLAND TO LOTTIE
LANE IN FRTRNDswnnn ANn Tn TNCTxinR. TNRTAT.T.ATT()N CYP RRTTV;F. CTRTT(NrVT7TW
Resolution R81-22 read in full by Councilman McComb.
It was moved by Councilman McComb, seconded by Councilman Mack that Resolution No.
R81-22 be passed and approved on first and only reading, as amended. Said Resolution
No. R81-22 reads in caption as follows:
RESOLUTION R81-22
AN AMENDED RESOLUTION BY THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, REQUESTING THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANS-
PORTATION TO FUND THE WIDENING OF F. M. 518 -'
TO FOUR LANES FROM WESTMINISTER DRIVE EAST
TO LOTTIE LANE IN FRIENDSWOOD, WITH SAID FUNDING
TO INCLUDE INSTALLATION OF A BRIDGE STRUCTURE TO
RELIEVE THE DRAINAGE RESTRICTION AT THE MARY'S
CREEK BYPASS.
Voting "aye" - Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack
and Councilman Farley.
Voting "no" - None
Motion passed 5 to 0.
AUTHORIZATION FOR NECESSARY DOCUMENTS TO BE PREPARED ON WATER RATE AND GARBAGE RATE
INCREASES AND USE OF PAPER BAGS FOR RESIDENTIAL GARBAGE'CUSTOMERS:
It was moved by Councilman Gray, seconded by Councilman Lentz that the necessary
documents be prepared on the water and garbage rate increases, and that the Code
of Ordinances be amended to require paper bags for residential garbage service.
Motion passed 5 to 0.
LIBRARY BOARD APPOINTMENT:
The appointment of a member of the Library Board to fill the vacancy created by
the resignation of Ken Kesselus be placed on the next regular agenda.
OTHER BUSINESS:
It was moved by Councilman Farley, seconded by Councilman Lentz that the absence
of Councilman McComb from the regular meeting of August 10, 1981, be shown as excused
absence. Motion passed 4 t 0. Councilman McComb abstained.
Meeting recessed at 8:35 P. M. to Executive Session under the Texas Open Meetings
Law, Section 2, Subsection (e) Legal, and Section 2, Subsection (g) Personnel.
Reconvened to open session at 11:00 P. M.
No -action as a result of Executive Session.
ADJOURN:
Meeting adjourned at 11:01 P. M.
Minutes approved as submitted and/or corrected this the/,Z/ day of ,
A. D. 1981.
/yYC�
Mayor, City of Pearland
ATTEST
City Secretary