1978-09-25 CITY COUNCIL REGULAR MEETING MINUTESIR
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON SEPTEMBER 25, 1978, 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 Dennis Frauenberger
Councilwoman Fran Coppinger
Councilman Carlton McComb
Councilman Morris Wilson
City Manager William E. Wolff
City Attorney Bobby J. Williams
City Secretary Dorothy L. Cook
Absent from the meeting: Councilman Harry Farley.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by the Reverend Art Jones. The Pledge of Allegiance was
led by George Young.
MINUTES:
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the
minutes of the regular meeting held on September 11, 1978 be approved as submitted.
Motion passed 4 to 0.
It was moved by Councilwoman Coppinger, seconded by Councilman McComb that the
minutes of a public hearing held on September 19, 1978 be approved as submitted.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid advised that a communication dated September 24, 1978 had been placed
on the Council table for its perusal regarding the paving of Knapp Road.
Mayor Reid asked that Reverend Art Jones read a letter of commendation to Ron
Wicker and his secretary for the Founder's Day Preview Tennis Tournament.
CITIZENS:
A. Louis Lonzi of the Brazoria County Youth Council appeared before the City
Council to explain the objectives that the Council hopes to accomplish with the
families living in the greater Pearland area. Mr. Lonzi presented a letter from
Sterling M. Laird, Jr., Chief Juvenile Probation Officer of Brazoria County,
dated September 25, 1978, commending this organization for its help with a
number of runaways, truants, and children with family problems.
David Petty of Conoco, Inc. appeared before the City Council and advised that
Mr. Ray 0. Moran, Jr., would speak on behalf of Conoco, Inc. for the installation
of a 6" and 8" pipeline in the City of Pearland. Mr. Moran advised that the
Council had a copy of a letter dated September 1, 1978 from Conoco, Inc. asking
permission to build a pipeline through the southern part of Pearland crossing
two roads within the City, McDonald Road and Dixie Farm Road. Mr. Moran referred
to a letter dated September 21, 1978 wherein Conoco, Inc. advised that the
pipelines will be constructed as such a depth and will meet such material and
design specifications to allow future roads to be constructed over the pipelines
provided the roads are constructed at existing grade. In the event of any
substantial grade changes involved at the location of future road crossings,
Conoco, Inc. agreed to construct a reinforces concrete slab over the pipelines
at their expense.
16
City Manager Wolff advised that all property on which the lines will be laid, with
the exception of the two or three street crossings, is on easements obtained from
individual property owners.
Conoco, Inc. was asked to furnish a letter that on future roadway crossings of
these pipelines, the City Engineer would make the determination on whether or not
reinforced concrete slab should be placed over the lines.
Mayor Reid advised that this item would be placed on the agenda as soon as the
matter of future street crossings has been resolved.
DOCKETED PUBLIC HEARINGS:
1. REQUEST FOR LAND USE CHANGE - E. D. LeBouf - Planned Unit to
R-2. Application No. 59 (Amended) - 18.45 acres, more or less,
in the H.T. & B.RR.Co. Survey, Section 11, Abstract 239,
Brazoria County, Texas.
PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. John Garner, Engineer for
the proposed project, advised that he would be glad to answer any questions that
might be posed regarding the proposed development of the property.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: Mr. D. E. Shannon advised
that he was not speaking against the proposed land use change; however, he
wished to call the Council's attention to the drainage problems in this area.
QUESTION AND ANSWER PERIOD: Councilman McComb advised that Mr. LeBouf and Mr.
Garner have worked with the Drainage District to clear up any drainage problems
before the request for land use change was filed. City Manager Wolff advised
that the proposed development of this property was consistent with Development
Plan of the City.
Mayor Reid read a letter from the Planning and Zoning Commission dated August
18, 1978 wherein the Planning and Zoning Commission recommended that the
Council approve this request for land use change.
HEARING ADJOURNED AT 8:10 P.M.
2. REQUEST FOR LAND USE CHANGE - W.E.L. Hartman,et ux - Pre -Development
to R-2. Application No. 62 - 79.159 acres of land, more or less,
out fo the North z of the Southeast 4, Section 14, H.T. & B. RR.
Co. Survey, Brazoria County, Texas.
PERSONS WISHING TO SPEAK FOR THE PROPOSED LAND USE CHANGE: Mr. W.E.L. Hartman,
owner of the property.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED LAND USE CHANGE: None
QUESTION AND ANSWER PERIOD: Mayor Reid read a letter from the Planning and
Zoning Commission dated August 18, 1978 wherein they recommended that the request
be approved by the City Council.
HEARING ADJOURNED AT 8:15 P.M.
MEETING RECESSED AT 8:15 P.M. - RECONVENED AT 8:23 P.M.
UNFINISHED BUSINESS:
CABLE TELEVISION:
Councilman Wilson, Chairman of the Cable TV Committee, reported that he had
requested a financial statement and a list of cities served from both TV cable
vendors who appeared before the City Council at the last meeting. Only one had
responded to this request. Mr. C. L. Wilson, area representative for the Meca
Corporation furnished the information requested and was present at the meeting
to answer any questions posed by the City Council.
M
He advised that in the event his company received the franchise it would start
installation of the system within six months of the time his company received a
Certificate of Compliance from the F.C.C. Also, that no signed contract would be
required for the citizens desiring this service, only a monthly billing would be
made. Mr. Wilson advised that the Storer Corporation, by written document, would
guarantee the performance of The Meca Corporation.
This item will be returned to the agenda after the Council has had time to study all
aspects of this proposal. The Committee is to continue study on Cable TV for
Pearland.
NEW BUSINESS:
RECONSTRUCTION OF WALNUT STREET -
The City Council reviewed the Bid
opened at Noon on the date of this
VENDOR
BID NO. B78-15:
Tabulation of Bid No.
meeting. Bids were
BASE BID
B78-15 which had been
received as follows:
ALTERNATE NO. 1
Ashland -Warren, Inc.
$393,205.75
$305,885.75
Brown & Root, Inc.
263,501.75
219,861.75
Great Western Contracting, Inc.
264,507.25
241,597.25
Ike Hall, Inc.
339,233.00
315,787.00
Marathon Paving $ Utility
242,855.00
221,965.00
Constructors, Inc.
SKRLA, Inc.
385,990.00
386,540.00
City Engineer, Malcolm Collins, advised that the base bid was for the work we
really wanted to do if at all possible.
This would be
to grade the streets in
the proper manner, remove the base
material that is on
the street at.this time,
grade and dig out the excavation below
the proper grade
and then six inches of
lime treatment to the subgrade and
then return the existing
base, compact it,
add an additional four inches of limestone base on that, compact it, and then
put the one and one-half inch asphalt (hot mix) on it. He advised that he felt
this would give a better roadway, better drainage, and more proper design to the
street. The alternate bid would merely trim off a minimum of the street, lime
treat six inches of existing base and/or subgrade, add four inches of crushed
limestone and the add of one and one-half inch hot mix. He recommended that the
base bid be accepted if the Council felt that ki?y could afford the difference
in the cost. Mr. Collins advised that he could recommend the Marathon Paving
Company as a paving contractor.
City Manager Wolff advised that the street is heavily traveled and that we are
still enduring some of the results of a sewer truck line being placed in the
street, and it was his opinion that the base bid should be accepted, it at all
possible. The base bid was some $20,000.00 higher than the estimate.
It was moved by Councilman McComb, seconded by Councilman Wilson that the award
of the bid for reconstruction of Walnut Street Bid No. B78-15 be deferred until
the next regular meeting. Motion passed 4 to 0.
KNAPP ROAD - BOND PROJECT:
The City Engineer submitted proposed plans for improving Knapp Road from Mykawa
Road easterly to just beyond Glenda Street, and City Manager Wolff advised that
this was Phase 1 of Knapp Road. The Phase 2 involves the obtaining of additional
right-of-way and moving of a drainage ditch.
It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that the
1
City Manager be authorized to bid Phase 1 of the Knapp Road Project and that the
bids be closed at 12:00 Noon on October 23, 1978, opened at this time, tabulated
and referred to the City Council at the regular meeting to begin at 7:30 P.M. on
October 23, 1978. Motion passed 4 to 0.
COUNCIL DECISION ON APPLICATION NO. 50 (AMENDED) E.D. LE BOUF AND APPLICATION NO.
62. W.E.L. HARTMAN. ET UX - AMENDMENTS TO THE LAND USE ORDINANCE:
It was moved by Councilman McComb, seconded by Councilman Wilson that appropriate
ordinances be prepared on Application No. 59 (Amended) - E.D. LeBouf, and
Application No. 62 - W.E.L. Hartman, et ux, for consideration by the City Council
at the next regular meeting. Motion passed 4 to 0.
FINAL PLAT OF BRAZORIA COUNTY INDUSTRIAL PARK:
The final plat was brought before the City Council for final approval. It was
noted that the street proposed was less than the 24 feet previously agreed to by
the City Council. The plans indicated a 20 foot street with 14 foot total for
shoulders. City Planning and Transportation Director, Ron Wicker, advised the
City Council that the profile of this street was submitted at the last Planning
and Zoning Commission meeting, and the City Engineer has not had time to review
this plan. Mr. Collins advised that he did review a profile; however, he did
not review a cross-section. A discussion was held regarding the adequacy of a
20 foot street in an Industrial Park due to truck traffic.
Mayor Reid announced that this item would be delayed until the next regular
meeting, or a special meeting at a sooner date if the problem of the adequacy
of 20 foot street can be resolved.
ORDINANCE NO. 387, SCHOOL ZONE ORDINANCE:
Ordinance No. 387 was read in caption by Mayor Reid. (First Reading)
It was moved by Councilman McComb, seconded by Councilman Wilson that
Ordinance No. 387 be passed and approved on first of two readings. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 387
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED
FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S
TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR
PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF
PEARLAND, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY
OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE;
AND PROVIDING AN EFFECTIVE DATE.
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman
McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 4 to 0.
APPROVAL OF STOP SIGN INSTALLATIONS:
City Attorney Bobby Williams read the report of the Director of Planning and
Transportation on installation of stop signs at various locations throughout
the City.
It was moved by Councilman Wilson, seconded by Councilman McComb that the City
Council approve and ratify the report of the Director of Planning and Transportation
on installation of stop signs in the City and that the same be spread upon the
minutes of this meeting. Motion passed 4 to 0.
CITY OF PEARLAND, TEXAS
DIRECTOR OF PLANNING AND TRANSPORTATION
INSTALLATION OF TRAFFIC CONTROL DEVICES
IU
Pursuant to the authority conferred on
me by the
City
Council
of the City of
Pearland, Texas, as Director of Planning
and Transportation,
I have caused to
be installed and erected under my direction
traffic
control devices
as follows:
STOP SIGNS, said aforedescribed devices
located at
the
following
locations in
the City of Pearland, Texas, to -wit:
Stratford & Churchill
Installed
sign
&
post
N.B.
Cheryl & Orange
Installed
sign
&
post
S.B.
Woodcreek & Cripple Creek
Installed
sign
&
post
E.B.
Woodcreek & Crooked Creek
Installed
sign
E.B.
McLean & Fite
Installed
sign
&
post
E.B.
Jacquelyn $ Randall
Installed
sign
&
post
S.B.
John Lizer & Main
Installed
sign
&
post
W.B.
- Woodcreek & Lazy Creek
Installed
sign
&
post
E.B.
Westminister & Stratford
Installed
sign
&
post
E.B.
Westminister & Stratford
Installed
sign
&
post
W.B.
Woodcreek $ Meadowcreek
Installed
sign
&
post
E.B.
Neches River & Rockland
Installed
sign
&
post
W.B.
Woodcreek & Winding Creek
Installed
sign
E.B.
Country Club $ Wexford
Installed
sign
&
post
S.B.
Country Club & Wexford
Installed
sign
&
post
E.B.
Country Club $ Wexford
Installed
sign
&
post
N.B.
Windsor & Hampshire
Installed
sign
&
post
E.B.
Country Club & Green Tee
Installed
sign
&
post
N.B.,S.B.,E.B.,W.B.
Country Club & Golfcrest
Installed
sign
&
post
N.B.,S.B.,E.B.,W.B.
I have personally inspected said aforementioned traffic
control devices.
SIGNED this 22 day of September, A.
D., 1978.
/s/ Ronald J. Wicker
Director of Planning and Transportaion
City of Pearland,
Texas
Filed in the office of the City Secretary
this 22nd day of September, A. D., 1978.
/s/ Dorothy L. Cook
City Secretary, City of Pearland, Texas
No. 35
RESOLUTION NO. R78-38, A RESOLUTION APPROVING CLAIM AND AUTHORIZING CERTIFICATES
OF OBLIGATION SERIES 1976A-(CHENNAULT MATERIALS, INC. -MATERIALS FOR DIXIE FARM RD):
Resolution No. R78-38 was read in full by Councilwoman Coppinger.
It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that
Resolution No. R78-38 be passed and approved on first and only reading. Said
Resolution No. R78-38 reads as follows:
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas, convened in regular
meeting, open to the public, on the 25th day of September, 1978, at the City
Hall, and the roll was called of the duly constituted officers and members of
the City Council and the City Secretary of the City, to -wit:
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilwoman
Morris S. Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of said persons were present, except the following absentees: Councilman McComb and
Councilman Farley, thus constituting a quorum. Whereupon, among other business, the
following was transacted at said meeting: a written resolution entitled:
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Resolution") was duly introduced for the consideration of the City Council
and reviewed in full. It was then duly moved and seconded that the Resolution
20
be passed; and, after due discussion, the motion, carrying with it the passage
of the Resolution, prevailed and carried by the following vote:
AYES: All members of the City Council shown present above voted "Aye".
NOES: None.
The Mayor thereupon announced that the Resolution had been duly and lawfully
adopted. The Resolution thus adopted follows:
RESOLUTION NO. R78-38
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"),
by resolution adopted June 14, 1976, found that it was necessary and desirable
for the City to purchase materials and supplies for improving the roads, bridges
and streets of the City, to -wit: (1) base material and fill; (2) hot -mix asphalt
surfacing material; and (3) bridge construction materials and supplies, and that
certificates of obligation be issued by the City for all or any part of the cost
of same; and
WHEREAS, the City Council gave due and proper notice to bidders of the
time and place when and where a contract, or contracts, for the purchase of such
materials and supplies would be let and due and proper notice of its intention
to issue such certificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract to CHENNAULT
MATERIALS, INC., Houston, Texas (the "Contractor") in the amount of $74,450.00,
as the lowest and best bid for the furnishing of the base material and fill and
the Contractor at the time of the receipt of such bid elected to assign such
certificates in payment for all or any part of the cost of the contract in
accordance with the arrangements made by the City Council; and
WHEREAS, the Contractor, as shown on a true copy of its Claim No. 6,
attached hereto as Exhibit "A" and made a part hereof as if fully written herein,
has submitted said claim for furnishing such materials and supplies; and
WHEREAS, the City has received the full benefits of such contract
represented by said claim to the full extent thereof and to the full extent of
the certificates of obligation hereinafter authorized to be delivered; and no
person, corporation or trust estate has given notice in writing or otherwise
to the City, or to any official thereof, of any liens for any materials,
apparatus, fixtures, machinery or labor furnished to the Contractor as provided
by Chapter 17, Acts of the Legislature of Texas, 1925 (Article 5472-a, Vernon's
Texas Civil Statutes), or any other provision of law; and
WHEREAS, the City does not hold a claim of any kind or character
which might be properly charges or interposed as an offset or counterclaim to
the payment of the aforesaid claim; and
WHEREAS, said claim has been assigned to Pearland State Bank, Pearland,
Texas, without discount, and said bank is now the legal owner and holder thereof;
and
WHEREAS, the City Council of the City wishes to approve said claim and
authorize the payment thereof by the issuance and delivery of certain of said
certificates of obligation, all as shown on said Exhibit "A" and as hereinafter
cat mit
CLAIMANT
AMOUNT TO BE AMOUNT TO BE
PAID NOW CARRIED FORWARD
Chennault Materials, Inc. $4,000.00 $956.20
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, THAT: -_--
Section 1. The matters and facts contained in the preamble of this
resolution are hereby found and declared to be true and correct.
Section 2. The claim described in the preamble of this resolution and
fully set forth in Exhibit "A" mentioned in said preamble shall be, and the same
is hereby, approved and allowed, and the City hereby acknowledges receipt of the
full benefits represented by said claim to the full extent thereof and to the
full extent of the certificates of obligation herein authorized to be delivered;
and the City hereby recognizes and approves the transfer and assignment of said
claim and account to Pearland State Bank, Pearland, Texas.
Section 3. There if now due and owing to said bank the sum of
$4,000.00 and to the Contractor the sum of $956.20.
Section 4. There shall be executed and delivered to said bank Certificates
Nos. 100 through 103, both inclusive, aggregating $4,000.00 of the CITY OF PEARLAND,
TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976-A, dated July 1, 1976, and the sum
of $956.20 shall be carried forward to the next delivery of such Certificates to
the Contractor.
Section 5. The Mayor, City Secretary, City Treasurer, and other
appropriate City officials, are hereby authorized and directed to deliver said
Certificates above mentioned and to do any and all things necessary or convenient
to carry out the terms of this resolution.
PASSED AND APPROVED this 25th day of September, 1978.
ATTEST:
/s/Dorothy L. Cook
City Secretary, CITY OF PEARLAND, TEXAS
(SEAL)
/s/Tom Reid
Mayor, CITY OF PEARLAND, TEXAS
EXHIBIT "A"
Claim No. 6 Dated: September 25, 1978
of Chennault Materials, Inc. (the "Contractor"), against the City of Pearland,
Texas, (the "City"), as per contract in the amount of $74,450.00, between the
City and the Contractor:
1. Total completed to date . . . . . . . . . . . . . . . . . $61,956.20
2. Less previous payments . . . . . . . . . . . . . . . . . 57,000.00
3. Current payment due . . . . . . . . . . . . . . . . . . 4,956.20
4. Amount to be paid Contractor by issuance of
Certificates of Obligation . . . . . . . . . . . . . . 4,000.00
5. Carry-over to next claim . . . . . . . . . . . . . 956.20
The amount shown in line 3 above represents our claim against the City
of Pearland, Texas, for furnishing materials and supplies under and in conformity
with the terms and conditions of the contract described above; and $4,000.00
of such claim has been and is hereby assigned in full, without discount, to
Pearland State Bank, Pearland, Texas.
CHENNAULT MATERIALS, INC.
By: /s/Norman Chennault
(Authorized Representative)
President
(SEAL) (Title)
--------------------------------------------------------------------------------
All materials and supplies represented by the claim shown in line 3
above are in full accordance with the terms and conditions of the contract
described above, and such claim is hereby in all thing approved for payment by
the City.
MALCOLM A. COLLINS, ENGINEER
By: /s/Malcolm A. Collins, P.E.
Voting "Aye" - Councilman Wilson, Councilwoman Coppinger and Councilman Frauenberger.
Voting "Nay" - None Motion passed 3 to 0.
Councilman McComb absent from the Council Chambers at this time.
RESOLUTION NO. R78-39, A RESOLUTION APPROVING CLAIM AND AUTHORIZING TIME WARRANT
COMPREHENSIVE DEVELOPMENT PLAN UPDATE, SERIES 1978. (PERSONAL SERVICES CONTRACT -
MARMON, MOK $ GREEN, INC.):
Resolution No. R78-39 was read in full by Councilman McComb.
It was moved by Councilman McComb, seconded by Councilman Frauenberger that
Resolution No. R78-39 be passed and approved on first and only reading. Said
Resolution reads as follows:
THE STATE OF TEXAS X
COUNTIES OF BRAZORIA AND HARRIS X
CITY OF PEARLAND X
The City Council of the City of Pearland,. Texas, convened in regular
meeting, open to the public, on the 25th day of September, 1978 at the City Hall,
and the roll was called of the duly constituted officers and members of the City
Council and the City Secretary of the City, to -wit:
ZZ
Tom Reid
Dennis Frauenberger
Harry Farley
Fran Coppinger
Morris S. Wilson
Carlton McComb
Dorothy L. Cook
Mayor
Councilman
Councilman
Councilwoman
Councilman
Councilman
City Secretary
and all of said persons were present, except the following absentees: Councilman
Harry Farley, thus constituting a quorum. Whereupon, among other business, the
following was transacted at said meeting: a written Resolution entitled:
A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICES CONTRACT
(COMPREHENSIVE DEVELOPMENT PLAN UPDATE) FOR THE CITY OF
PEARLAND, TEXAS; AUTHORIZING THE DELIVERY OF TIME WARRANTS
FOR THE PAYMENT OF SUCH CLAIM; CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT AND PROVIDING THAT THIS RESOLUTION
SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION.
(the "Resolution") was duly introduced for the consideration of the City Council
and reviewed in full. It was then duly moved and seconded that the Resolution
be passed; and, after due discussion, the motion, carrying with it the passage
of the Resolution, prevailed and carried by the following vote:
AYES: All members of the City Council shown present above voted "Aye".
NOES: None.
The Mayor thereupon announced that the Resolution had been duly and lawfully
adopted. The Resolution thus adopted follows:
RESOLUTION NO. R78-39
A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICES CONTRACT
(COMPREHENSIVE DEVELOPMENT PLAN UPDATE) FOR THE CITY OF
PEARLAND, TEXAS; AUTHORIZING THE DELIVERY OF TIME WARRANTS
FOR THE PAYMENT OF SUCH CLAIM; CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT AND PROVIDING THAT THIS RESOLUTION
SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION.
WHEREAS, the City Council of the City of Pearland, Texas, passed and
approved Ordinance No. 376 on the 10th day of April, 1978, authorizing the
issuance of City of Pearland Personal Services Contract (Comprehensive Development
Plan Update) Time Warrants, Series 1978, in the principal sum of $21,000.00 for
the purpose of evidencing the indebtedness of the said City for all or any part
of the cost of Personal Services for updating the Comprehensive Development Plan
of the City.
WHEREAS, claim for the personal services has been submitted by Marmon,
Mok, and Green, Inc. as follows: For professional services rendered, Planning
services April 10, 1978 to July 10, 1978 Amount $7,000.00.
WHEREAS, the claim of Marmon, Mok, and Green mentioned above is attached
hereto as "Exhibit A" and made a part hereof as if fully written herein, and
WHEREAS, the claim of "Exhibit All has been approved by the City Manager,
William E. Wolff, of the City of Pearland, Texas, and this City Council affirmatively
finds that the City of Pearland has actually received the full benefit arising
from said claim and the full extent of the Time Warrants which are hereinafter
authorized to be delivered to evidence the indebtedness of the City on such
claim, and
WHEREAS, no person, firm, corporation or trust estate has given notice
in writing, or otherwise to said City, or to any official thereof of any lien for
any material, appurtenances, fixtures, machinery, or labor furnished by said
Vendor as provided in Chapter 17, Acts of the 39th Legislature (Article 5472a
V.A.T.S.), or any other law; and further, the City of Pearland does not hold a
claim of any kind or character which might be properly charged or interposed as
an offset or counterclaim to the payment of said claim, and
WHEREAS, it was provided in said ordinance adopted on the 10th day of
April, 1978, that payment for said contract of said claim should be made by
issuance of Time Warrants hereinabove mentioned, and
WHEREAS, the City Council wishes to approve said claim and to authorize
the payment thereof by issuance and delivery of a Time Warrant mentioned above
in the aggregate amount of $7,000.00.
TEXAS:
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
I.
That the statements and recitations contained in the preamble of this
Resolution are hereby affirmatively found to be true and correct.
II.
That :said claim mentioned in the preamble to this Resolution and set
forth in "Exhibit All in the amount of $7,000.00, shall be, and the same is hereby
approved and allowed, and the City of Pearland hereby acknowledges receipt of
the full benefits represented by said claim to the full extent of the City's
Time Warrant to be delivered as hereinafter provided.
r—
III.
That is is hereby affirmatively found and declared that the City of
Pearland has received full benefit for merchandise of said claim and account,
as shown on "Exhibit A", to the full extent thereof, and to the full amount of
the Time Warrant authorized hereinafter in the resolution to be delivered.
IV.
That there shall be executed and delivered to said Marmon, Mok, and
Green, Inc., Warrant No. 1 in the denomination of $7,000.00 of the City of
Pearland Personal Services Contract (Comprehensive Development Plan Update)
Time Warrant, Series 1978.
V.
That this resolution shall take effect from and after its passage.
PASSED AND APPROVED THIS 25 day of September, A. D., 1978.
ATTEST:
/s/Dorothy L. Cook
City Secretary
/s/Tom Reid
Mayor, City of Pearland
September 12, 1978 - Original Statement dated August 10, 1978
INVOICE #936 (Duplicate)
To: City of Pearland
P. 0. Box 1157
Pearland, Texas 77581
Attention: Mrs. Thompson
Re: Pearland Topic Update
MM&G, Inc. Project No. 7815
From: Marmon, Mok $ Green, Inc.
4140 Southwest Freeway, Suite 207
Houston, Texas 77027
FOR PROFESSIONAL SERVICES RENDERED
Planning Services April 10, 1978 to July 10, 1978
Now Due..............$7,000.00
Please Refer To Invoice Number with payment .................
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilwoman Coppinger, and
Councilman Frauenberger.
Voting "Nay" - None Motion passed 4 to 0.
CHANGE IN ORDER OF BUSINESS:
APPLICATION 63, RONALD B. JOHNSON REQUEST FOR CHANGE IN LAND USE:
It wasmoved by Councilman McComb, seconded by Councilwoman Coppinger that a
public hearing be called before the Planning and Zoning Commission on Application
No. 63, Ronald B. Johnson for October 17, 1978 at 7:30 P.M. Motion passed 4 to 0.
PROPOSED JUVENILE COUNSELING PROJECT:
It was moved by Councilman McComb, seconded by Councilman Wilson that a Grant
Application for the proposed Pearland Juvenile Counseling Project be approved
for submittal to the Houston Galveston Area Council. Motion passed 4 to 0.
CHANGE IN ORDER OF BUSINESS:
REVIEW OF PROPOSALS FROM NEWSPAPERS AND ADOPTION OF RESOLUTION NO. R78-40
DESIGNATING OFFICIAL NEWSPAPER FOR THE CITY OF PEARLAND:
The proposals were received as follows:
The Alvin Sun .05 per word; The News .08 per word; The Journal .07 per word.
It was moved by Councilman McComb, seconded by Councilwoman Coppinger that The
Journal be designated as the official newspaper for the City of Pearland. Motion
passed 4 to 0.
Resolution No. R78-40 was read in full by Councilman Wilson.
It was moved by Councilman Wilson, seconded by Councilman Frauenberger that
Resolution No. R78-40 be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
RESOLUTION NO. R78-40
A RESOLUTION OFFICIALLY DESIGNATING THE JOURNAL AS THE
OFFICIAL NEWS ORGAN OF THE CITY OF PEARLAND, TEXAS, AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilwoman Coppinger,
and Councilman Frauenberger.
Voting "Nay" - None
Motion passed 4 to 0.
APPROVAL OF PAYMENT FOR TRAFFIC SIGNALS FROM COUNCIL CONTINGENCY FUND:
It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that
$4,238.72 be paid out of the Council Contingency Fund for the installation of
traffic signals on Galveston Avenue at East Broadway and Country Club Drive
at East Broadway. Motion passed 4 to 0.
ADJUSTMENTS IN THE 1977-78 BUDGET:
It was moved by Councilman McComb, seconded by Councilman Wilson that the
following adjustments be made in the 1978 Budget:
GENERAL FUND: Estimated Income $2,125,982
Estimated Expense 2,071,616
WATER & SEWER: Estimated Income $ 641,390
Estimated Expense 532,033
and the remaining balance in the Council Contingency Fund be allocated to the
City Service Center. Motion passed 4 to 0.
ORDINANCE NO. 388, SPEED ZONE ON COUNTRY CLUB DRIVE:
Ordinance No. 388 was read in full by Mayor Reid. (First Reading)
It was moved by Councilman Wilson, seconded by Councilman Frauenberger that
Ordinance No. 388 be passed and approved on first of two readings. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 388
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE
6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF
AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN
STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS, AS SET
OUT IN THIS ORDINANCE; PROVIDING A PENALTY OF A FINE NOT
TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE;
AND PROVIDING AN EFFECTIVE DATE.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger.
Voting "Nay" - Councilwoman Coppinger. Motion passed 3 to 1.
a
OTHER BUSINESS:
MEETING RECESSED AT 10:15 P.M.
EXECUTIVE SESSION - TEXAS.OPEN MEETING'S LAW, SECTION 2, SUBSECTION (e) LEGAL
MEETING RECONVENED AT 10:40 P.M.
NO ACTION AS A RESULT OF EXECUTIVE SESSION.
ADJOURN:
The meeting adjourned at 10:41 P.M.
Mintues approved as submitted and/or corrected this day of�
A. D., 1978.
Mayor
ATTEST:
Assistant City Secretary