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1978-10-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 23, 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 Councilman/Mayor Pro Tem Councilman Councilwoman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Harry Farley Dennis Frauenberger Fran Coppinger Carlton McComb Morris S. Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Councilman Farley. The Pledge of Allegiance was led by the Pearland News reporter., Bruce Guynn. APPROVAL OF MINUTES: It was moved by Councilman Wilson, seconded by Councilman Farley that the minutes of the regular meeting held on October 9, 1978 be approved as corrected. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid proclaimed October 31, 1978 as "Greet and Treat Day" in Pearland. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: None UNFINISHED BUSINESS: CONOCO 6" AND 8" PIPELINES: A letter dated October 19, 1978 from Malcolm Collins, City Engineer, regarding his review of Conoco proposed pipeline system that will traverse through the City of Pearland, was read in its entirety by City Manager Wolff. The letter reads as follows: City of Pearland P. 0. Box 1157 Pearland, Texas 77581 Gentlemen: 1'19 October 1978 Our File: GH -670 Re: Conoco Pipelines 39 This letter is in response to your request for us to review the proposed Continental Oil Company Pipeline System which will traverse through the City of Pearland. We find that the proposed pipeline plans, specifications and attached crossings of roadways and creeks generally follow acceptable design standards. Therefor we offer no real objection to the proposed pipelines with the exception that we would recommend that Continental be required to add ditches and or storm sewers to their wording in the letter of September 21, 1978 involving substantial grade changes at the location at future road crossings. In other words it is our recommendation that the City require Continental to lower or place a reinforced concrete slab over the pipelines at Continental's expense if such is necessary to protect the lines at a future date when there may be grade changes or elevation changes of road crossings, ditches or storm sewers that might conflict with said pipelines. This has been discussed with the Continental representatives and they agreed verbally to same. We do feel that the plans, specifications and road crossing details presented to us for review should all be consistent with each other. The parts in question involve the pipe grade, weight per L.F. and wall thickness in the specifications and on the plans. In the specifications it makes note of an X65 pipe grade, a weight of 15.15 lbs. per L.F. for 6 inch and 25.80 lbs. per L.F. for 8 inch, and a wall thickness of 0.220 for 6 inch and 0.287 for 8 inches. On the plans it shows the pipelines change at a certain station to a pipe grade of X60, with a 6 inch wall thickness of 0.239 and an 8 inch wall thickness of 0.312, and a 6 inch weight of 16.29 lbs, per L.F. and an 8 inch weight of 27.74 lbs. per L.F. This should be clarified so that specifications correctly represent what is shown on the plans and are consistent with the plans. Likewise, the stationing on the plans does not agree in many cases with the small crossing detail. At the centerline of Marys Creek the plans show station 1231 + 12 and the crossing detail shows 1231 + 08. At F.M. 518 the center- line on the plans show 1291 + 31 and the station on the crossing section shows 1290 + 71. On Marys Creek crossing the plans show station 1296 + 30 and the section shows 1295 + 70. On the plans the crossing at McDonald Road shows station 1332 + 66 and the typical section shows 11 + 37. The crossing of Clear Creek is shown on the plans with the centerline of Clear Creek being at station 1352 + 22 and on the typical section of the crossing it shows this station as 17 + 04. We realize that these stations may change when the pipelines are built but we feel that it would be easier to review Plans & Specifications and typical sections if all were correlated and correctly represent the true picture. We would further request that when the pipelines are completed that Continental furnish the City with complete as -built drawings and specifications. As stated previously, we do feel that the Plans & Specifications as submitted are generally in compliance with good engineering and construction practices for this type of work and would recommend that the City accept same with the few requests as listed above. If there are any further questions please advise. Very truly yours, COENCO, INC. Consulting Engineers By: s/Malcolm A. Collins, P.E. City Engineer MAC/bbc cc: Continental Oil Co." A letter dated October 23, 1978 from Conoco regarding this matter was read in full by Councilwoman Coppinger. The letter reads as follows: "October 23, 1978 Mr. W. E. Wolff, City Manager P. 0. Box 1157 Pearland, Texas 77581 Dear Mr. Wolff: At the Pearland City Council meeting on October 9, 1978, it was requested that Continental Oil Company submit copies of their design for the proposed 6" and 8" pipeline through Pearland to Mr. M. A. Collins, City Engineer, for his review and comments. This was accomplished at a meeting with Mr. Collins on October 12, 1978. In response to this request, Mr. Collins replied by letter on October 19, 1978, recommending approval of the design based on acceptance by Conoco of several contingencies. This letter is to give Conoco's acceptance of the contingencies outlined in Mr. Collins' letter. Several points of clarifications were also mentioned by Mr. Collins in his letter. Listed below is additional information to explain these points. 1. The pipe grade to be used in the City of Pearland will be as defined in the letter to Mr. Collins by Conoco on October 12, 1978. This is 6-5/811, .220" wall, 5LX-65, 15.15#/ft. and 8-5/811, .287" wall, 5LX-65, 25.88#/ft. The size and weights indicated on the plan drawing are in error. 2. The stationing for road and water crossings indicated on the plan crossings are correct. The stationing on the plan drawings are not the same as those on the small crossing details due to different reference points utilized by the survey parties when the crossings were plotted. We hope that this information will be acceptable to the City and that a letter of permission will be issued to that construction may proceed. Sincerely, Joe Laskosky General Manager f s" It was moved by Councilman Farley, seconded by Councilman McComb that Conoco be granted permission to cross our right-of-way with the following stipulations; that they provide our City Attorney with one final letter here that states that the City requires Conoco, at Conoco's expense, to lower and case or replace, or place a reinforced concrete slab for the pipelines in question as required as a result of adding or repairing streets, ditches or storm sewers across these lines; and further, that Conoco furnish the City Secretary with a complete set of as -built drawings and specifications. Motion passed 5 to 0. ORDINANCE NO. 246-53, AN ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND - E. D. LE BOUF - APPLICATION 59 (AMENDED): Ordinance No. 246-53 was read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Wilson, seconded by Councilman McComb that Ordinance No. 246-53 be passed and approved on second and final reading. Said Ordinance reads in.caption as follows: ORDINANCE NO. 246-53 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Being 18.45 acres, more or less, a tract of land in the H.T.& B Section 11, Abstract 239, Pearl:and, Brazoria County, Texas, out of that certain 40 acre tract.-Zone:Change from PU to R-2. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None Motion passed 5 to 0. ORDINANCE NO. 246-54, AN ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND - W.E.L. HARTMAN, ET UX - APPLICATION 62: Ordinance No. 246-54 was read in caption by Mayor Reid. (Second Reading) It was moved by Councilwoman Coppinger, seconded -by Councilman Frauenberger that Ordinance No. 246-54 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-54 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT flap; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. A tract of land containing 79.159 acres, more or less, and being the North 2 of the Southeast 4, Section 14, H.T.& B. RR. Survey., Abstract 509, Pearland, Brazoria County, Texas. Zone Change from PD to R-2. r -- Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. AWARD OF BID FOR STREET IMPROVEMENTS: City Manager Wolff stated that at the last meeting bids were opened for repair of three streets. The bids covered hot -mix asphalt on Dixie Farm Road and penetration asphalt on Shadybend Drive and McDonald Street. Ashland -Warren Company is the low bidder on the hot -mix asphalt and Brown & Root, Inc. is the low bidder on the penetration asphalt. Mr. Wolff advised that he had discussed this matter with 42 Brown & Root, Inc., and they advised that they would accept the contract on the penetration asphalt, and since Ashland -Warren only submitted a bid on the hot -mix asphalt, he recommended that they be awarded the bid on this part of the project. The City Attorney advised that with the acquiescence of the two bidders, this bid could be split. It was moved by Councilman Frauenberger, seconded by Councilman Wilson that this bid, covering 11,750 square yards of Type D THD Specifications, Specification Item 340 hot -mix asphalt at $2.35,be awarded Ashland -Warren, Inc. and that the section of the bid for double penetration asphalt surfacing of approximately 12,725 square yards of Item 322 (Two Course Treatment) THD, be awarded to Brown & Root, Inc. as follows: (1) Two Course Treatment including prime oil $0.95 per square yard; and (2) Scarify and recompact base $0.40 per square yard, and that the Mayor be authorized to execute the contracts. Motion passed 5 to 0. NEW BUSINESS: BID NO. B78-16. KNAPP ROAD CONSTRUCTION: Bids were opened at 12:00 Noon on October 23, 1978 as follows: VENDOR F15 X DAYS Able Services, Inc. $ 168,079.00 90 Ashland -Warren, Inc. 243,673,05 100 Brown & Root, Inc. 167,709.98 100 Galin Corporation 180,437.50 120 Great Western Contracting, Inc. 178,215.00 60 Marathon Paving & Utility Constructors 226,336.40 120 Skrla, Inc. 226,112.00 90 City Manager Wolff read a letter dated October 23, 1978 from City Engineer Malcolm Collins advising he has examined the bids and recommended that Brown & Root, Inc. be awarded the bid as the lowest and best bid. It was moved by Councilman McComb, seconded by Councilman Farley that Bid No. B78-16, Knapp Road Project, be awarded to Brown & Root, Inc. in the amount of $167,709.98 and that the Mayor be authorized to sign the contract. Motion passed 5 to 0. SEWER LINES FOR COLONY PARK SUBDIVISION: Councilman Farley read a letter dated October 20, 1978 from Richard Tetens, Chair- man of the Planning and Zoning Commission, advising that the sewer lines were installed some years ago, and they do not meet present requirements. A letter from Malcolm Collins, City Engineer, dated September 1, 1978, outlining various descrepancies was read into the records by Councilman Farley. The Planning and Zoning Commission advised that they did not feel that they could accept the final plat without first having the City Council waive the minimum standards as outlined in the Subdivision Ordinance. Mr. Bill Walsh, representing Mr. Roy Powers the developer of the subdivision, advised that his firm has inspected the sewer lines that were installed approx- imately ten years ago. These lines are approximately 2,500 feet of clay pipe, a distance of 2 mile, as reflected on the plans. He advised that they were asking for a variance on the slope of the pipe. He also advised that there are several matters relevant to a sewer line functioning properly; one is the depth and type of soil the pipes are installed in; and another is the grade on the pipe and the type of pipe installed. 0 Mr. Walsh stated that in his professional opinion pipe made of clay that does have a grading problem would really be better than PVC pipe installed on grade. He advised that the system was pumped down and it all drains properly. City Manager Wolff advised that the plans for installation of utilities have been reviewed, and it was found that the lines are in compliance with the Subdivision Ordinance. At the time of installation of the sewer lines, the City did not have the inspection staff that it presently has and apparently, errors were made in the r— determination of the proper grade. Mr. Wolff stated that there is no salvage value in this line. Councilman McComb advised that the developer installed these lines before approval by the City and was stopped by the City on this project. Councilman Wilson stated that he felt that we had enough trouble with infiltration of old sewer lines in the City at this time. It was moved by Councilman Wilson, seconded by Councilman Frauenberger that the City deny this request. Motion failed 2 to 3. Councilman McComb, Councilwoman Coppinger, and Councilman Farley opposed. Under further discussion, Mr. Walsh stated that the primary problem with sewer lines is caused by either water getting in or out of the lines and that clay pipe has a 100 year guarantee. City Manager Wolff advised that if the Council agrees to accept this sewer system, it is anticipated that this water will be handled through a lift station. This lift station and wet well will be placed on one end of the line and then the discharge will be pumped to a gravity, system. The City could hold this situation by increasing the flow by cutting down the pumps for a period of time to allow the waste to accumulate in the manholes and then turn the pumps on. A discussion was held regarding a five year maintenance bond covering this system. MEETING RECESSED AT 8:30 P.M. - RECONVENED AT 8:45 P.M. It was moved by Councilman Farley, seconded by Councilman McComb that this item be passed until the Council has a chance to have additional conversation with the City Engineer, with the possibility of on-site inspection, and even an advanced hydro -test of the system as it exists. Motion passed 5 to 0. RESOLUTION NO. R78-44, A RESOLUTION APPROVING CLAIM AND AUTHORIZING CERTIFICATES OF OBLIGATION, SERIES 1978A: Resolution No. R78-44 was read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman McComb that Resolution No. R78-44 be passed and approved on first and only reading. Said Resolution 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 23rd day of October, 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: None, thus constituting a quorum. Whereupon, among other business, the following was 4 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 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 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 February 27, 1978, found that it was necessary and desirable for the City to construct and equip public works for the City, to -wit: a municipal equipment maintenance and storage building, sometimes called a "City Service Center", and that certificates of obligation should 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 such construction and equipment 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 S & S CONTRACTING CO., Houston, Texas (the "Contractor") in the amount of $149,200.00, as the lowest and best bid for the furnishing of such construction and equipment 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. 2, attached hereto as Exhibit "A" and made a part hereof as if fully written herein, has sub- mitted said claim pursuant to said contract; 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 charged 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 set out: AMOUNT TO BE AMOUNT TO BE CLAIMANT PAID NOW CARRIED FORWARD S & S Contracting Co. $35,000.00 $105.00 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 is now due and owing to said bank the sum of $35,000.00 and to the Contractor the sum of $105.00. Section 4. There shall be executed and delivered to said bank Certificates Nos. 9 through 15, aggregating $35,000.00, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, and the sum of $105.00 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 23rd day of October, 1978. ATTEST: S/Tom Reid Mayor CITY OF PEARLAND, TEXAS S/Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) EXHIBIT "A" r-- Claim No. 2 Dated: October 23, 1978 of S & S Contracting Co. (the "Contractor"), against the City of Pearland, Texas (the "City"), as per contract in the amount of $149,200.00, between the City and the Contractor: 1. Total completed to date . . . . . . . . . . . . . . . . . $83,450.00 2. Less 10% retainage . . . . . . . . . . . . . . . . . . . . $ 8,345.00 3. Less previous payments . . . . . . . . . . . . . . . . . . $40,000.00 4. Current payment due . . . . . . . . . . . . . . . . . . . . $35,105.00 5. Amount to be paid Contractor by issuance of Certificates of Obligation . . . . . . . . . . . . . . . $35,000.00 6. Carry-over to next claim . . . . . . . . . . . . . . . . . $ 105.00 The amount shown in line 4 above represents our claim against the City of Pearland, Texas, for performance under and in conformity with the terms and conditions of the contract described above; and $35,000.00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas. .-- S $ S CONTRACTING CO. By S/Neil E. Smith (Authorized Representative (SEAL) Project Manager (Title) Im All materials and supplies represented by the claim shown in line 4 above are in full accordance with the terms and conditions of the contract described above, and such claim is hereby in all things approved for payment by the City. CITY OF PEARLAND, TEXAS By S/Don M. Rives GENERAL BUILDING INSPECTOR Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley Councilman McComb:; and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. RESOLUTION NO. R78-45, A RESOLUTION APPROVING CLAIM AND AUTHORIZING CERTIFICATES OF OBLIGATION, SERIES 1976A: Resolution No. R78-45 was read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that Resolution No. R78-45 be passed and approved on first and only reading. Said Resolution 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 23rd day of October, 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: None, 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 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 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 ofobligation; 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. 7, 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 obligationhereinafter 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 charged 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 set out: AMOUNT TO BE AMOUNT TO BE CLAIMANT PAID NOW CARRIES FORWARD Chennault Materials, Inc. $8,000.00 $120.00 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 is now due and owing to said bank the sum of $8,000.00 and to the Contractor the sum of $120.00. Section 4. There shall be executed and delivered to said bank Certificates Nos. 104 through 111, both inclusive, aggregating $8,000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976-A, dated July 1, 1976, and the sum of $120.00 shall be carried forward to the next delivery of such Certificates to the Contractor. Section S. 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 23rd day of October, 1978. s/Tom Reid Mayor, CITY OF PEARLAND, TEXAS ATTEST: s/Dorothy L. Cook City Secretary, CITY OF PEARLAND, TEXAS (SEAL) EXHIBIT "A" Claim No. 7 Dated: October 23, 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 . . . . . . . . . . . . $69,120.00 2. Less previous payments . . . . . . . . . . . . $61,000.00 3. Current payment due . . . . . . . . . . . . . . .. . . $ 8,120.00 4. Amount to be paid Contractor by issuance of Certificates of Obligation . . . . . . . . . . . . .. . $ 8,000.00 5. Carry-over to next claim . . . . . . . . . . . . . . . $ 120.00 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 $8,000.00 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 (SEAL) (Authorized Representative) President (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 things approved for payment by the City. MALCOLM A. COLLINS, ENGINEER BY S/Malcolm A. Collins Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None Motion passed 5 to 0. ORDINANCE NO. 389, AN ORDINANCE AUTHORIZING ISSUANCE OF $43;000 CERTIFICATES OF OBLIGATION. SERIES 1978B Ordinance No. 389 was read in caption by Mayor Reid. (First Reading) It was moved by Councilman McComb, seconded by Councilman Farley that Ordinance No. 389 be passed and approved on the first of two readings. Said Ordinance reads as follows: THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND 9 The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 23rd day of October, 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: None, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordinance entitled: ORDINANCE AUTHORIZING ISSUANCE OF $43,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-B; RATIFYING CONTRACT OR CONTRACTS; AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT (the "Ordinance") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Ordinance be passed; and, after due discussion, the motion, carrying with it the passage of the Ordinance, 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 Ordinance had been duly and lawfully passed on first of two readings. The Ordinance thus passed follows: ORDINANCE NO. 389 ORDINANCE AUTHORIZING ISSUANCE OF $43,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-B; RATIFYING CONTRACT OR CONTRACTS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), authorized the publication of a notice to bidders to the effect that competitive bids would be received by the City Council on October 9, 1978, for furnishing materials and supplies for improving the roads, bridges and streets of the City, to -wit: (1) hot -mix asphalt surfacing; and (2) double penetration asphalt surfacing, and that the City intends to issue certificates of obligation for the purchase, or purchases, of such materials and supplies; 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; and WHEREAS, on the date specified in said notice the City Council caused the bids received to be opened and tabulated and the following have been determined to be the lowest and best bids: Amount Bidder Item of Bid Ashland -Warren Inc. 11,750 Sq. Yds, Type D THD $27,612.50 Specificatiosn 340 (HOT MIX) @$2.35 sq yd Brown & Root, Inc. 12,725 Sq. Yds, Two course surface treatment $0.95 sq yd; Scarify $ recompace $0.40 sy $12,088.75 and the City Council has heretofore, by motion, determined to accept such bids and agreed to enter into contracts for such materials and supplies, and WHEREAS, it is hereby found and determined that such bids in every respect meet the specifications mentioned in the notice to bidders; and WHEREAS, the said bidders elected at the time of the receipt by the City Council of such bids to assign such certificates without discount to PEARLAND STATE BANK, Pearland, Texas, with whom the City Council has made provision for such assignment; and WHEREAS, it is hereby found and determined that the City Council is authorized to proceed with the issuance of said certificates of obligation in accordance with the terms and provisions of this ordinance; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, THAT: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. Section 2. The City Council hereby approves, ratifies, and confirms in all respects the contracts mentioned in the preamble of this ordinance. Section 3. The City's negotiable certificates of obligation, to be de- signated CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-B (hereinafter called the "Certificates"), are hereby authorized to be issued and delivered in the principal amount of $43,000 for the purpose of evidencing the indebtedness of the City for all or any part of the cost of purchasing materials and supplies for improving the roads, bridges and streets of the City, to -wit: (1) Hot -mix asphalt surfacing; and (2) double penetration asphalt surfacing, in- cluding the cost of professional services in connection therewith, in strict con- formity with the Constitution and laws of the State of Texas, particularly Article 2368a.1, Vernon's Texas Civil Statutes, as amended. Section 4. The Certificates shall be dated November 1, 1978, shall be numbered consecutively from l through 43, shall be in the denomination of $1,000 each and shall mature serially on December 1 of each of the years, and in the amounts, respectively, set forth in the following schedule: Year Amount 1979 $11,000 1980 11,000 1981 11,000 1982 10,000 Section S. The Certificates shall bear interest from the date of initial delivery shown on the face of each Certificate at the rate of 6.25% per annum, interest payable on the dates indicated in the FORM OF CERTIFICATE set forth in this ordinance. Section 6. The Certificates shall be registrable both as to principal and interest, shall be payable, and 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 7. The form of Certificates, including the form of the Certificate of Registration, shall be, respectively, substantially as follows: FORM OF CERTIFICATE: N0. $1,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF BRAZORIA AND HARRIS CITY OF PEARLAND, TEXAS CERTIFICATE OF OBLIGATION SERIES 19788 ON DECEMBER 1, 19 the CITY OF PEARLAND (hereinafter called the "City"), in the Counties of Brazoria and Harris, in the State of Texas, promises to pay to bearer or, if this Certificate is registered, to the registered owner hereof, the principal amount of ONE THOUSAND DOLLARS and to pay interest thereon, FROM THE DATE OF INITIAL DELIVERY SHOWN ON THE FACE HEREOF, to bearer or, if this Certificate is registered, to the registered owner hereof, at the rate of 6.25% per annum, interest payable December 1, 1979, and annually thereafter on each December 1 while this Certificate is outstanding. Both the principal of and interest on this Certificate shall be payable, without exchange or collection charges to the owners or holders, upon presentation and, in the case of the principal when due, surrender of this -Certificate 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, registrable Certificates of Obligation, dated November 1, 1978, numbered from 1 through 43, in the denomination of $1,000 each, aggregating $43,000, issued in accordance with the Constitution and laws of the State of Texas, partic- ularly 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 purchasing materials and supplies for improving the roads, bridges and streets of the City, to -wit: (1) hot -mix asphalt surfacing; (2)=double penetration asphalt surfacing, including the cost of profes- sional services in connection therewith, and pursuant to an ordinance adopted by the City Council of the City on the 13th day of November, 1978. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this Certificate, have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the City, issued on the full faith and credit thereof; that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City and have been pledged irrevocably 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 a general obligation of the City within the meaning of Chapter 784, Acts of the 61st Legislature of Texas, Regular Session, 1969. THIS CERTIFICATE shall be transferable by delivery unless registered as to principal in the owner's name upon books of the City to be kept for that purpose at the office of the City Secretary of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of,this Certificate shall be valid unless made on said books at the request of the registered owner hereof, or his duly authorized agent, and similarly noted hereon; but this Certificate may be discharged from registration`by being in like manner transferred to bearer, whereupon transferability by delivery shall be restored; and this Certificate may again and from time to time be registered or made payable to bearer as before. s. . I IN WITNESS WHEREOF, this Certificate of Obligation has been signed by the Mayor of the City and countersigned by the City Secretary of theCity, and the official seal of the City has been duly impressed, or placed in facsimile, on this Certificate. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: Mayor COUNTERSIGNED: City of Pearland, Texas City Secretary City of Pearland, Texas (SEAL) CERTIFICATE OF REGISTRATION: IT IS HEREBY CERTIFIED that, at the request of the holder of the within Certificate, I have this day registered it as to principal in the name of such holder as indicated in the registration blank below, on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. If the last transfer recorded on the books of the Registrar and in the below registration blank shall be to bearer, the principal and interest of this Certificate shall be payable to bearer, and such Certificate shall be in all respects negotiable. Name of Registered Holder nate of SSi nature ff Citv Registration Se retary ?Registrar) Section 8. A special fund or account, to be designated the "City of Pearland, Texas, Certificates of Obligation, Series 1978-B, Interest and Sinking Fund" (hereinafter called the "Interest and Sinking Fund"), is hereby created and shall be established and maintained by the City at an official depository bank of the City. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City and shall be used only for paying the interest on and principal of the Certificates. 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 are outstanding and unpaid, the City Council of the City shall compute and as- certain 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 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 prin- cipal of the Certificates, as such interest comes due and such principal matures, are hereby pledge irrevocably for such payment within the limits prescribed by law. Section 9. Claims incurred for the purposes set forth in Section3 hereof may be funded and exchanged for a like total principal amount of Certificates, and any amount in excess of the principal amount of Certificates delivered at any one time may be paid in cash or carried forward to a subsequent exchange, or exchanges, of claims for Certificates. However, none of the Certificates author- ized by this ordinance shall be delivered except pursuant to a further ordinance, or ordinances, to be adopted by this City Council. Section 10. 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 11. This ordinance shall take effect immediately upon its passage on second reading. Section 12. 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, are hereby authorized, approved, adopted and ratified. PASSED AND APPROVED this 23 day of October 1978. S/Tom Reid Mayor CITY OF PEARLAND, TEXAS ATTEST: S/Dorothy L. Cook r— City Secretary CITY OF PEARLAND, TEXAS (SEAL) Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. MYKAWA ROAD RIGHT OF WAY: It was moved by Councilman Wilson, seconded by Councilman McComb that the City Attorney prepare necessary papers for the purchase of property for the extension of Mykawa Road from Donald A. Hathaway, et ux. Motion passed 5 to 0. APPLICATION NO. 631 RONALD B. JOHNSON: The Planning and Zoning Commission submitted a report to the City Council dated October 20, 1978 wherein they advised that they recommend the rejection of the request for a zone change from R-2 to NS. It was moved by Councilman McComb, seconded by Councilman Wilson that a public r-- hearing before the City Council be called on Application No. 63, Ronald B. Johnson, under Docketed Public Hearings of the regular agenda on November 13, 1978. Motion passed 5 to 0. APPLICATION NO. 64, SOUTH CORRIDOR TWO, LTD: It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that a Public Hearing be called before the Planning and Zoning Commission on Application No. 64 for 7:30 P.M., November 7, 1978. Motion passed 5 to 0. REVIEW OF TENNIS COURTS FOR INDEPENDENCE PARK: Plans and specifications to be reviewed by the Park, Recreation, and Beautification Board and then returned to the City Council. OTHER BUSINESS: EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (e) LEGAL. RECESSED AT 9:15 P.M. - RECONVENED AT 9:20 P.M. It was moved by Councilman Frauenberger, seconded by Councilman McComb that a special meeting be called by the City Council for November 2, 1978, at 7:00 P.M. for the purpose of reconvening the Public Hearing on the Houston Lighting $ Power Company's rate application and consideration and possible action on ordinance setting rates pursuant to application by Houston Lighting & Power Company. ADJOURN: The meeting adjourned at 9:25 P.M. Minutes approved as submitted and/or corrected this /� day of A. D. , 1978. ATTEST: City Secretary Mayor