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1978-11-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 13, 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 Harry Farley Councilman Dennis Frauenberger Councilwoman Fran Coppinger Councilman Morris S. Wilson City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent from the meeting: Councilman Carlton McComb INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Farley. The Pledge of Allegiance was led by Willis Barton, Post Commander of the Veterans of Foreign Wars. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that the minutes of the regular meeting held on October 23, 1978 be approved as submitted. Motion passed 4 to 0. It was moved by Councilman Farley, seconded by Councilman Wilson that the minutes of the special meeting and public hearing held on November 2, 1978 be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid issued a Proclamation designating the week of November 12, 1978 to November 18, 1978 as Vietnam Veterans' Week in Pearland. Commander Barton of the Veterans of Foreign Wars accepted the Proclamation. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: Mr. J. D. Austin, 3219 Patricia Lane, appeared before the City Council with a request for approval from the City Council to retain the rear 40 feet of Lot 2, W.D.C. Hall League, Abstract 70 for the purpose of back yard expansion. He advised that the larger part of Lot 2 had already been sold without having any knowledge to request approval of the City Council. This request to be considered later in the meeting under new business. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: r—, REQUEST BY PEARLAND VOLUNTEER FIRE DEPARTMENT FOR RADIOS: Mr. John Munsch, Assistant Fire Chief, appeared before the City Council with a request that the City Council act favorably on the request of the Department for temporary transfer of funds for the purchase of a pager system for all members of the Department. This project would cost between $10,000 and $13,000. He advised that the present system is installed in the firemen's homes. The pager system would enable the men to be alerted at any location 24 hours a day within the City of Pearland. This would be a temporary withdrawal from the City budget allocation to the Fire Department as an advance to them for something different than was actually requested in the budget. The replenishment of this loan would be made at the time of the Pearland Volunteer Fire Department's new~budget. It was moved by Councilman Farley, seconded by Councilman Wilson that this request be granted and that the $13,000 in funds be withdrawn from the Fire Department Budget and these funds be reallocated at the time of the new Fire Department Budget. Motion passed 4 to 0. CERTIFICATES OF APPRECIATION: Mayor Reid announced that at the time of the pipeline disaster near Brookside there was a tremendous response from the three supporting agencies in Pearland. These were the Pearland Emergency Services, Pearland Volunteer Fire Department, and Pearland Police Department. Mayor Reid stated that recognition of these Departments in the form of Certificates of Appreciation had been prepared to indicate the appreciation of the Council and the citizens of the City for a job well done. It was moved by Councilman Wilson, seconded by Councilman Frauenberger that Certificates of Appreciation be awarded to the Pearland Emergency Services, the Pearland Volunteer Fire Department, and the Pearland Police Department for services rendered in the pipeline disaster of October 24, 1978. Motion passed 4 to O. Accepting for the Departments were David Smith for Emergency Medical Services, John Munsch for the Pearland Fire Department, and Glenn Stanford, Chief of Police for the Police Department. Mayor Reid announced that it was the Council's intention to accumulate a roster of Departments in other area cities that had helped in this situation, and when the list is complete, similar certificates will be awarded to these Departments. These Certificates will be accompanied by a letter of thanks to the Mayor who would in turn hand these out to the respective departments. CHANGE IN ORDER OF BUSINESS: DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE - REQUEST BY RONALD & BEULAH JOHNSON - CLASSIFICATION R-1 TO NS. Being a portion of Lot 2 out of a partition of 5.5 acres as recorded in Volume 685, Page 660, Brazoria County Deed Records. (Application 63) City Attorney, Bobby Willjams, stated that he held a lengthy discussion with Mr. Austin regarding the deed restrictions on this property. (Mr. Austin being the previous owner of the property.) Mr. Williams stated that some years ago, Mr. T.D. Smith, owner of Lot 1, wanted to find out if his lot could be used for commercial purposes. Mr. Williams stated that he researched the problem at that time and found that this was a pre-city subdivision developed by Mr. McGlathery. It was not a platted subdivision; however, each lot designated was described by metes and bounds. At that time Mr. Smith brought his deed restrictions to the City Attorney for review. The deed restrictions were not described in a separate instrument, but was a covenant on each and every lot sold by Mr. McGlathery in this subdivision. The deed restrictions on Lot 1, as well as all other lots in this subdivision, state that no commercial buildings can be erected on any of the lots. The City Attorney researched to see whether or not a City could go behind deed restrictions, and it was found that no zoning change or zQning ordinance could affect prior deed restrictions that were in effect prior to the passage of the City's zoning ordinance. The property could be rezoned; however, a building permit could not be issued for anything other than that outlined in the deed restrictions. The City Attorney advised the City Council that there was no way the City could rezone this property and issue any kind of permit for a commercial establishment. The only way these restrictions could be lifted would be from the original grantor; however, in this case the original grantor is no longer alive, or if 100% of the property owners in this subdivision signed some type of recordable document releasing those particular lots from these covenants. He advised that in his opinion the attempt to fezone this property and hold a publicshearing would be futile since the City Council, according to law, could not grant the request. Mayor Reid asked Mr. Johnson if he wished to go through the entire public hearing, and Mr. Johnson stated that if it was a futile effort, he could see no need. Mayor Reid announced that Public Hearing No. 1 and Item No. 4 under "New Business" would be passed over at this~meeting. 2. STREET ASSESSMENT FOR GALVESTON AVENUE - From the South right-of-way line of Pear Street southerly along the centerline of Galveston Avenue to the North right-of- way line of Walnut Street, a distance of approximately 600 feet. A. Mayor Reid outlined the purpose of the hearing explaining that it was to consider the proposed street improvement assessment against abutting property 'owners for a portion of the cost of improvements. He advised that all persons owning property abutting this street had the right to be heard and any property owner, his agent or attorney, who did not agree with the decision of the City Council would have the right of appealing any decision made by the City and that the appeal must be-made to the Court of competent jurisdiction within a period of fifteen days from the time any assessment is levied. B. The City Secretary advised that all notices of the hearing had been duly mailed and published according to Section 9 of Article l105B of Vernon's Annotated Civil Statutes and that no railways were affected by this proposed street assessment. C. Malcolm Collins, P.E. City Engineer, and J. F. McDevitt gave testimony on behalf of the City. Mr. John Alexander, representing the Alexander Estate, questioned Mr. Collins concerning the quality of the pavement. D. Mr. John Alexander gave testimony for property owners. E. Close of property owners' testimony. F. Reading of Ordinances: (1.) Ordinance No. 390 was read in caption by Mayor Reid. (First Reading) It was moved by Councilman Farley, seconded by Councilwoman Coppinger that Ordinance No. 390 be passed and approved on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 390 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF GALVESTON AVENUE WITHIN THE CITY OF PEARLAND, TEXAS, FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENT OF VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS OF SAID PUBLIC STREET; DECLARING THE AMOUNT OF ASSESSMENT AGAINST THE SAID ABUTTING PROPERTIES, AND DECLARING AN EFFECTIVE DATE. Voting "Aye" Councilman Wilson, Councilman Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None. Motion passed 4 to 0. (2.) Ordinance No. 391 was read in caption by Mayor Reid. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Farley that Ordinance No. 391 be passed and approved on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 391 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON GALVESTON AVENUE. Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, and Councilman Wilson. Voting "Nay" - None. Motion passed 4 to 0. G. Hearing adjourned. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: REQUEST BY J. D. AUSTIN TO RETAIN THE REAR 40 FEET OF LOT 2, W.D.C. HALL LEAGUE, ABSTRACT 70: The request by J. D. Austin was considered by the City Council. Mr. Austin explained that he wished to retain the rear 40 feet of Lot 2 for the purpose of making his yard larger. The size of the remaining portion of Lot 2, now owned by Mr. Johnson, is still conforming to R-1 Classification. It was moved by Councilman Farley, seconded by Councilman Frauenberger that this exception be granted. Motion passed 3 to 1. Councilman Wilson opposed. A PARTIAL REPLAT OF LOTS 14 AND 15 OF THE W. ZYCHLINSKI SUBDIVISION: Ron Wicker, Director of Planning and Transportation, advised the City Council that he had been contacted by Tom Ellis with the consulting firm representing Safeway on this particular replat, and they asked that this item be passed tonight. They have additional information which they have to put on the plat to make it legal before it is actually submitted to us. They asked to be put on the agenda of the next council meeting after information is complete. Mr. Wolff advised that Mr. Tom Alexander wished to address the City Council regarding the lot division. Mr. Alexander advised that the Alexander Estate was selling the land and the buyer intended to sell a portion of it. The sale of the land was by metes and bounds description. Four owners are involved in selling two tracts of land. Mr. Alexander advised that as landowners and Safeway as buyers would like to know if the City Council will accept the plat. Mayor Reid asked that Councilwoman Coppinger read into the records a memorandum from Ron Wicker dated November 9, 1978, regarding the replatting of this property. Said memorandum reads as follows: "TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RON WICKER, DIRECTOR OF PLANNING AND TRANSPORTATION DATE: NOVEMBER 9, 1978 SUBJECT: REPLATTING OF A PORTION OF LOTS 14 AND 15 OF THE W. ZYCHLINSKI SUBDIVISION The Planning and Zoning Commission at its regular meeting on November 7, 1978, considered a replat of a portion of Lots 14 and 15 of the W. Zychlinski Subdivision of the H.T.& B.RR. Co. Survey, No. 2, Abstract 542, Brazoria County, Texas, containing 8.866 acres. This is being subdivided into Lots 1 and 2 of Safeway Addition No. 1. Attached herewith are comments from Malcolm Collins, our City Engineer, which outlines those areas he felt did not meet our minimum subdivision requirements. Mr. Collins was reviewing this replat using both the requirements for a preliminary and final plat as minimum. As this does not really involve the same process as a regular preliminary and final plat, some of the items were not complied with. Item Nos. 1, 2, 4, 5, 8, and 9 have been corrected on the original plat. Item Nos. 3, 6, and 7 have not been shown on the plat. Item No. 7 was discussed by the Planning and Zoning Commission. The Commission approved the replat allowing the waiver of the 20 foo~ alley as provided for in the subdivision ordinance, in lieu of the 16 foot utility easement along the westerly boundary of Lot 1. Proper side street paving and lotting areas will be reviewed at the time of submittal of plans for a building permit. At this time the Drainage Commission's signatures have not been obtained but will be taken care of at their regular Monday morning meeting prior to the Council's meeting. I also wanted to point out that the owner of this property has dedicated five additional feet of right of way on the north side of Orange Street to allow for an eventual 70 foot of right of way. This replat is in order and ready for Council consideration. Should you have any questionS, please let me know." It was moved by Councilman Wilson, seconded by Councilman Frauenberger that this item be passed until the next regular agenda of the City Council. Motion passed 4 to 0. Mayor Reid advised the Alexanders that from this discussion there had been no strong indication that the plat would not be accepted when all things necessary have been complied with. MEETING RECESSED AT 9:25 P.M. - RECONVENED AT 9:45 P.M. CHANGE IN ORDER OF BUSINESS: DOCKETED PUBLIC HEARINGS: 3. RECONVENING OF PUBLIC HEARING ON REQUEST BY HOUSTON LIGHTING & POWER COMPANY FOR RATE INCREASE. A. PERSONS WISHING TO SPEAK FOR THE PROPOSED INCREASE: Mr. Otto Schroeder, District Manager of the Houston Lighting & Power Company, advised that he would try and give answers to questions posed at the last public hearing. He advised that the H.L.I& P's expert witness testified aS: recommending !a 1,5.2% to 17..2% return on common equities. The H.L.&IP. requested a rate that would return 15.9%, and the increase that was recommended by the T.M.L. group would get a range of 13.6% to 14.3%. On the return of original cost was a 11.14% on gross plant and the T.M.L.'s 3.68% resulted in a 9.89% to a 10.16% on original cost. In answer to the question as to whether or not the H.L.& P. will be guided by what the P.U.C. allows on rural rates, Mr. Schroeder advised that he felt they would; however, it would mean his company would have to come back sooner for a rate increase. Mr. Schroeder advised that he felt the:ruling from the P.U.C. would be on November 16, 1978. The bonding date is November 19, 1978. B. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED INCREASE: None. C. QUESTION AND ANSWER PERIOD: Bobby Williams, City Attorney, advised that he had been in contact with our rate experts, the Counsel that is representing the cities in the rural rate case, and according to their investigation and according to the testimony at the Hearing, they have made a recommendation to the various cities for a range of increase, subject to approval by various city councils of $51,945,000.00 and that this increase be spread all across the classes. This would be a percentage of 3.7%. He recommended that the Council pass an ordinance on first reading allowing this 3.7% increase, and by the time we are prepared to read the ordinance on the second and finalreading, we will probably have the final rate ruling from the P.U.C. on the rural rate case. Mr. Williams asked that this Hearing be closed. Mayor Reid adjourned the Public Hearing. CHANGE IN ORDER OF BUSINESS: ORDINANCE NO. 392, AN ORDINANCE OF THE CITY OF PEARLAND PRESCRIBING AND APPROVING RATES TO BE CHARGED BY THE HOUSTON LIGHTING AND POWER COMPANY: Ordinance No. 392 was read in caption by Mayor Reid. (First Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that Ordinance No. S92 be passed and approved on first of two readings. Said Ordinance reads in caption as follows: ORDINANCE NO. 392 AN ORDINANCE OF THE CITY OF PEARLAND, BRAZORIA AND HARRIS COUNTIES, TEXAS, PRESCRIBING AND APPROVING RATES TO BE CHARGED BY HOUSTON LIGHTING & POWER COMPANY IN THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; A SEVERABILITY CHARGE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Wilson, Councilman Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None. Motion passed 4 to 0. BID NO. B78-17, POLICE PATROL UNITS (4): The City Council reviewed the bids opened at noon, November 10, 1978. opened were as follows: The bids VENDOR MAKE PRICE Frizzell Pontiac (4) 1979 Pontaic Catalinas $27,556.00 River Oaks Chrysler Plymouth (2) Bud Brown Ford, LTD. (4) Ertley'Ford, Clute (4) TRADE INS 1978 Plymouth 1978 Plymouth 1977 Dodge 1979 Chrysler Newports 13,291.26 None 1979 Ford LTD 2 28,394.88 None 1979 Ford LTD 2 26,386.00 $1,600.00 1,600.00 750.00 4,150.00 Mr. Glenn Stanford, Chief of Police, advised the City Council that Ertley Ford of Clute, Texas, was the low bidder; however, they did not meet one of the requirements in the specifications. They bid a 350 engine with a two barrell. carburator. This type of engine has overheating and carburator problems in high speed chases. Mr. Stanford highly recommended that Frizzell Pontiac be considered as they were the next best bid. They bid a 351 engine with a four barrel carburator. It was moved by Councilman Farley, seconded by Councilman Frauenberger that based upon the recommendation of the Chief of Police, Bid No. B78-17 be awarded to Frizzell Pontiac in the amount of $27,556.00 for four police patrol units less appropriate trade ins of $3,950.00. Motion passed 4 to 0. BID NO. B78-18, DETECTIVE CARS (3) AND FIRE MARSHAL CAR (1): The City Council reviewed the bids opened at noon, November 10, 1978. The bids opened were as follows: VENDOR MAKE PRICE TRADE INS Frizzell Pontiac (4) 1979 Pontiac 1974 DOdge $500.00 Catalinas $26,520.00 1974 Dodge 800.00 1976 Plymouth 500.00 River Oaks Chrysler Plymouth (2) 1979 Chrysler Newports 12,879.56 None Bud Brown Ford, LTD. (4) 1979 Ford LTD 2 26,253.00 None Ertley Ford, Clute (4) 1979 Ford LTD 2 23,804.00 900.00 Mr. Glenn Stanford, Chief of Police, advised the City Council that Ertley Ford of Clute, Texas, was the low bidder; however, the Ford engine has problems with overheating and recommended that Frizzell Pontiac be considered for this bid. It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that based upon the recommendation of the Chief of Police, Bid No. B78-18 be awarded to Frizzell P6ntiac in the amount of $26,520.00 for three detective cars and one fire marshall car less trade ins of $1,800.00. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: · · ORDINANCE NO. 389, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $43,000.00 CITY OF PEARLAND CERTIFICATES OF OBLIGATION, SERIES 1978B: Ordinance No. 389 was read in captionby Mayor Reid. (Second Reading) It was moved by Councilman Farley, seconded by Councilman Frauenberger that Ordinance No. 389 be passed and approved on second and final reading. Said Ordinance reads as follows: THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND I I I The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 13th day of November, 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 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 McComb , 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 CONTAINING 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: The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted. The'Ordinance thus adopted 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: Bidder Ashland-Warren, Inc. Brown & Root, Inc. Item 11,750 Sq. Yds, Type D THD Specifications 340 (HOT MIX) @$2.35 sq yd 12,725 Sq. Yds, Two course surface treat- Amount of Bid $ 27,612.50 ment $0.95sq yd; Scarify & recompact $0.40 sy$12,088.75 and the City Council has heretofore, by motion, determined to accept such bids and .agreed to enter into con.tracts 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 o~ 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 mentionedin the preamble of this ordinance. Section 3. The City's negotiable certificates of obligatiOn,'to be designated 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, including the cost of professional services in connection therewith, in strict conformity 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 l, 1978, shall be numbered consecutively from 1 through 43, shall be in the denominati'on 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 5. 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 fo. rm of Certificates, including the form of the Certificate of Registration, shall be, respectively, substantially as' follows: NO. FORM OF CERTIFICATE: UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF BRAZORIA AND HARRIS CITY OF PEARLAND, TEXAS CERTIFICATE OF OBLIGATION SERIES 1978B $1,000 ON DECEMBER l, 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 l, 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. IN WITNESS WHEREOF, this Certificate of Obligation has been'signedby the Mayor of the City and countersigned by the City Secretary of the City, 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: COUNTERSIGNED: Mayor 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 shal.1 be payable only't.o the registered holder named in the below registra- tion 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 Date of Reg. istration Signature of City Secretary. (Registrar).~ SectionS. 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 intereston 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 ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates as such interest comes due and to provide and maintain a sinking fund adequate to pay the principal of the Certificates as such principal matures but never less than 2% of the. original principal amount of the Certificates as a sinking fund each year; and said tax shall be based on the latest approved tax rolls of the City, with full allowance being made for tax delinquencies and the cost of tax collection.. Said rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be levied, against all taxable property in the City for each year while any of the Certificates are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment within the limits prescribed by law. Section 9. Claims incurred for the purposes set forth in Section 3 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 'sub- sequent exchange, or exchanges, of claims for Certificates~ Nowever, none of the Certificates authorized 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 ll. 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 ordi- nance; 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_~day of (~7~,1978. s/Tom Reid Mayor, CITY OF PEARLAND, TEXAS ATTEST: s/Dorothy L. Cook City Secretary, CITY OF PEARLAND, TEXAS (SEAL) PASSED AND APPROVED this 13 day of November, 1978. s/Tom Reid Mayor, CITY OF PEARLAND, TEXAS ATTEST: s/Dorothy L, Cook City Secretary, CITY OF PEARLAND, TEXAS (SEAL) Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, and Councilman Wilson. Voting "Nay" - None. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: RESOLUTION NO. R78-46, A RESOLUTION DESIGNATING REPRESENTATIVE TO HOUSTON-GALVESTON AREA COUNCIL GENERAL MEMBERSHIP BODY: Resolution No. R78-46 was read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman Frauenberger that Resolution No. R78-46 be passed and approved on first and only reading. Said resolution reads in caption as follows: RESOLUTION NO. R78-46 DESIGNATION OF REPRESENTATIVE HOUSTON-GALVESTON AREA COUNCIL GENERAL MEMBERSHIP BODY 1979. Voting "A e" - y Councilman Wilson, Councilman Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None. Motion passed 4 to 0. RESOLUTION NO. R78-47, A RESOLUTION APPROVING CLAIM AND AUTHORIZING ISSUANCE OF CERTIFICATES OF OBLIGATION, S & S CONTRACTING CO., (CITY SERVICE CENTER PROJECT): Resolution No. R78-47 was read in full by Councilman Wilson. It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that Resolution No. R78-47 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 13th day of November, 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 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 McComb, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written resolution entitled: RESOLUTION APPROVING CHANGE ORDER AND 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 ?0 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. R78-47 RESOLUTION APPROVING CHANGE ORDER AND 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 du'e and proper notice of its intention to issue such cer- tificates of obligation; and WHEREAS, the City Council thereafter awarded a contract to S & S CONTRACTING CO., Houston, Texas (the "Contractor") in the amount of $151,518.96 (the original amount of $149,200.00 having been increased to $151,518.96 by Change Order No. 1, a true copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes), 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. 3, attached hereto as ~xhibit "B" and made a part hereof as if fully written herein, has submitted 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 here- inafter authorized to be delivered; andno 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 Con- tractor as provided by Chapter 17, Acts of the Legislature of Texas~ 1925 (Article 5472-a, Vernon'sTexas 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 "B" and as hereinafter set out:' CLAImaNT S & S Contracting Co. AMOUNT TO BE PAID NOW $20,000.00 -AMOUNT TO' BE CARRIED FORWARD $2,110.00 THEREF.ORE, BE IT RESOLVED BY'THE CITY COUNCIL OFTHE 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. Change Order No. 1 relating to the contract of the City with S & S Contracting Co., and mentioned in the -2- preamble of this resolution as Exhibit "A" hereof· is hereby approved, adopted and ratified. Section 3. The claim described in the preamble of this resolution and fully set forth in Exhibit "B" 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 4. There is now due and owing to said bank the sum of $20·000.00 and to the Contractor the sum of $2·110.00. Section 5. There shall be executed and delivered to said bank Certificates Nos. 16 through 19, aggregating $20,000.00· of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION~ SERIES 1978-A, dated June 1, 1978· and the sum of $2,110.00 shall be carried forward to the next delivery of such Certificates to the Contractor. Section 6. 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. · ATTEST: Mayor CITY OF PEARLAND· TEXAS (SEAL) -3- EXHIBIT "A" , ORDER AIA DOCUIWENT G701 PROJECT: (name, address) TO (Contractor) F" ARCHITECT CONTRACTOR FIELD OTHER City of Pearland Ci%y Service Center Addition Pearland, Texas CHANGE ORDER NUMBER: one S & S Contracting Company 2315 Southwest Freeway Suite 102 LHouston, Texas 77098 _] You are directed to makethefollowing changesinthis Contract: ARCHITECT'S PROJECT NO: CONTRACT FOR: Construction of various Metal Buildings CONTRACT DATE: JUly 10, 1978 i 1.) 2.) Furnish and install Metal Siding on the north and east walls of the open bay area end of the 140' X 40' garage building. (Approx. 80" X 16'). LUMP SUM: .$1,800.00 Reimbursement for Crawler-Dozer Rent for City furnished Site Preparation LUMP SUM: -$ 518.96 Total Additions $2,318.96 The original Contract Sum was ................... · . . . $ 1~9,200.00 Net change by previous Change Orders ................... $ '0- The Contract Sum prior to this Change Order was ............... $ i~9,200.00 The Contract Sum will be (increased) (dec~e.~d) (u~,~l~'Bed) by this Change Order. . $ 2,318.96 The new Contract Sum including this Change Order will be ........... $ 151,518.96 The Contract Time will be (increased) (decreased) (unchanged) by ( The Date of Completion as of the date of this Change Order therefore is' ARCHITECT C~ T nt CO __2~35 So~thwest Fr'~/'. Address Address t tIouston, T~xas 77098 ~ / BY BY l/ ///~ I ! / F ) Days. ___City of Pear]and., Texas- OWNER Sn~te 102__P.O. Box 1157 Address Pearland, Texas DATE AIA DOCUMENT G701' CHANGE ORDER · APRIL 1970 EDITION · AIA® · © 1970 · Tile AM'ERICAN INSTITUTE OF ARCHITECTS, 1735 NEW ~ORK AVE., NW, WASHINGTON, D.C. 20006 ONE PAGE EXHIBIT "B" Claim No. 3 3. 4. 5. Dated: November 13, 1978 of S & S Contracting Co. (the "Contractor"), against the City of Pearland, Texas (the "City"), as per contract in the amount of $151,518.96, between the City and the Contractor: 1. Total completed to date .......... $107,900.00 Less 10% retainage ........... $ 10,790.00 Less previous payments ............ $ 75,000.00 Current payment due ............. $ 22,110.00 Amount to be paid Contractor by issuance of Certificates of Obligation ..... -. . . $ 20,000.00 6. Carry-over to next claim .......... $ 2,110.00 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 de- scribed above; and $20,000.00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas. S & S CONTRACTING CO. (Authorized Representative) (Title) All materials and supplies represented by the claim shown in line 4 above are in full accordance with the terms and con- ditions of the contract described above, and such claim is hereby in all things approved for payment by the City. CITY OF PEARLAND,. TEXAS General Building Inspector Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, and Councilman Wilson. Voting "Nay" - None. Motion passed 4 to 0. RESOLUTION NO. R78-48, A RESOLUTION APPROVING CLAIM AND AUTHORIZING ISSUANCE OF CERTIFICATES OF OBLIGATION, P.G. BELL CO. (SWIMMING POOL PROJECT): Resolution No. R78-48 was read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Wilson that Resolution No. R78-48 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 13th day of November, 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 Dennis Frauenberger Harry Farley Fran Coppinger Morris S. Wilson Carlton McComb Dorothy L. Cook Mayor Councilman Councilman Councilman Councilman Councilman City Secretary 'and all of said persons were present, except the following ab- sentees: ~_,~_~,~,/~/~'~-~.~-~ , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written resolu- tion 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 N0~ R78-48 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: swimming pools and appurtenances, 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 cer- tificates of obligation; and WHEREAS, the City Council thereafter awarded a contract to P. G. BELL COMPANY, Houston, Texas (the "Contractor") in the amount of $453,873.00, as the lowest and best bid for the. furnishing of such construction and equipment and the Con- tractor 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 contrac~ in accordance with the arrangements ma~e by the City Council; and WHEREAS, the Contractor, as shown on a true copy of its Claim No. 5, attached hereto as Exhibit "A"'and made a part hereof as if fully written herein, has submitted 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 here- inafter 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 fo~ any materials~ apparatus, fixtures, machinery or labor furnished to the Con- tractor 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: CLAIMANT P. G. Bell Company AMOUNT TO BE PAID NOW $45,000.00 AbIOUNT TO BE CARRIED FORWARD $3,330.40 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 $45,000.00 and to the Contractor the sum of $3,330.40. Section 4. There shall be executed and delivered to said bank Certificates Nos. 47through.55, aggregating $45,000, of the CITY OF PEARLAND, TEXAS,· CERTIFICATES OF OBLIGATION, SERIES 1978, dated May 1, 1978, and the sum of $3,330.40 shall be carried forward to the next delivery ofsuch 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 orconvenient to carry out the terms of this resolution. PASSED AND APPROVED this ATTEST: ND, TEXAS 13c~th~~N°~j978' Mayor CITY OF PEARLAND, TEXAS (SEAL) EXHIBIT "A" ', ii Claim No. 5 Dated: November 13, 1978 of P. G. Bell Company (the "Contractor"), against the City of Pearland, Texas (the "City"), as per contract in the amount of $453,873.00, between the City and the Contractor: 1. Total completed to date ........... $309,256.00 2. Less 10% retainage .............. $ 30,925.60 3. Less previous payments ............ $230,000.00 4. Current payment due ............. $ 48,330.40 Amount to be paid Contractor by issuance of Certificates of Obligation ........ $ 45,000.00 6. Carry-over to next claim ........... '$ 3,330.40 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 de- scribed above; and $45,000.00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas. · presentative) (Title) All materials and supplies represented by the claim shown in line 4 above are in full accordance with the terms and con- ditions of the contract described above,. and such claim is hereby in all things approved for .payment by the City. MALCOLM A. COLLINS, ENGINEER VetinE "Aye" - Councilman Wilson, Councilman Farley, CouncilwOman CoppinSer, and Councilman FrauenberSer. Vetins "Nay" - None. Motion passed 4 to 0. REVIEW OF PLUS ~D SPECIFICATIONS OF WASTEWATER TREATMENT FACILITIES, PL~TS 2 G 3, ~D AUTHORIZATION TO BID PROJECT. (BOND PROJECT): It was moved by Councilman Wilson, seconded by Councilman FrauenberSer that the City ManaSer be authorized to So out for bids onWastewater Treatment Facilities, Plants 2 G 3 and that the bid openins be set for Noon, December 11, 1978. Motion passed 4 to 0. REVIEW OF PROPOSED TENNIS COURTS FOR INDEPENDENCE PARK: It was moved by Councilman Farley, seconded by Councilman Wilson that the plans and specifications of the proposed Tennis Courts for Independence Park be accepted by the Council and submitted to the State. Motion passed 4 to 0. MEETING ~CESSED AT lO:SO P.M. - ~CON~ENED, AT 11:00 P,M. REPORT OF THE PLANNING AND ZONING COMMISSION ON APPLICATION NO. 64, AND CALL OF A PUBLIC HEARING BEFORE THE CITY COUNCIL: The Planning and Zoning Commission submitted a letter dated November 9, 1978, recommending that the request for zoning change be approved on 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 City Council under Docketed Public Hearings of the regular council agenda for Application No. 64, South Corridor Two, LTD. on December 11, 1978. Motion passed 4 to 0. OTHER BUSINESS: EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW - SECTION 2, SUBSECTION (g) PERSONNEL: 11:05 P.M. RECONVENED TO REGULAR SESSION: 12:05 P.M. ADJOURNMENT: Meeting adjourned at 12:06 P.M. Minutes approved as submitted and/or corrected this ~7 day of ~f~,~_~..~_//~_~_~ / , A. D., 1978. Mayor ATTEST: City Secret