1978-12-18 CITY COUNCIL REGULAR MEETING MINUTESM,
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON DECEMBER 18, 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
Councilman
Councilwoman
Councilman
Councilman
City Manager
City Attorney.
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Harry Farley
Dennis Frauenberger
Fran Coppinger
Carlton McComb
Morris Wilson
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
The invocation was given by Councilman Farley. The Pledge of Allegiance was led
by Chief of Police, Glenn Stanford.
APPROVAL OF MINUTES:
It was moved by Councilman Farley, seconded by Councilman Wilson that the minutes
of the regular meeting held on December 11, 1978 be approved as submitted.
Motion passed 5 to 0.
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
REVIEW OF BIDS RECEIVED, BID NO. B78-20, POCKET ALERT MONITOR RADIOS:
The following bid was received and opened at 12:00 Noon, December 15, 1978:
VENDOR BID
Motorola Communications and
Electronics, Inc. $322.25 per unit 5% Bid Bond
$12.890.00 Total
Communications Director, Harold Sanders, recommended to the City Council that
the bid of Motorola be accepted.
It was moved by Councilman McComb, seconded by Councilman Frauenberger that Bid
No. B78-20 be awarded to Motorola Communications and Electronics, Inc. for 40
units at $322.25 per unit, totaling $12,890.00. Payment to be made by temporary
withdrawal of funds from the Fire Department Budget with funds to be replaced at
the time of the Fire Department's new budget. Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT: None
COUNCIL ACTIVITY REPORT: None
DEPARTMENTAL REPORTS: None
CHANGE IN ORDER OF BUSINESS:
CITIZENS: Mrs. Charles Grayson appeared before the City Council with a complaint
about the noise of the bells at the First Baptist Church.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
FINAL APPROVAL OF PARKVIEW, SECTION II:
Carl Wachtstetter, Engineer for the developer of Parkview Subdivision, Section II,
presented a letter dated December 15, 1978 along with two sheets showing the
existing gutter grades on the street sections questioned by City Engineer, Malcolm
Collins, in his letter dated December 11, 1978. The core tests were discussed;
however, no agreement was reached by the City Council to accept the streets as
constructed.
MEETING RECESSED AT 7:50 P.M. - RECONVENED AT 8:25 P.M.
�J
Mayor Reid appointed a Committee consisting of Councilman Farley and Councilman
Frauenberger to meet with Mr. Wachtstetter and City Engineer, Malcolm Collins, on
Wednesday, December 20, 1978, at 7:30 P.M. in the City Hall in an effort to resolve
this matter and bring back a recommendation to the City Council.
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1978 - LAIRSON, YOUNG $
^, FITCH, INC.:
Mr. Earl Lairson spoke before the City Council and advised that his firm had
completed the audit of the City for the fiscal year ending September 30, 1978.
Copies of the audit had been furnished the City Council, and Mr. Lairson reviewed
the various sections of the audit. He advised the City Council that the City was
in good financial condition..
It was moved by Councilman Farley, seconded by Councilman McComb that the Audit for
the fiscal year ending September 30, 1978 as submitted by Lairson, Young & Fitch,
Inc. be accepted into the records of the City. Motion passed 5 to 0.
CHANGE IN ORDER OF BUSINESS:
UNFINISHED BUSINESS:
REPLAT OF LOTS 14 & 15 OF W. ZYCHLINSKI SUBDIVISION - SAFEWAY STORES:
City Attorney Bobby Williams advised the City Council that this was a situation
where they were being asked for contingent approval of the plat pending the transfer
of ownership of the property to Safeway. He asked Council consideration of approval
of the plat as submitted, with full knowledge by the owner as well as future
purchaser that this plat will be held in abeyance until title transfer has been
made, and then the plat will be presented to the City Secretary to be recorded.
It was moved by Councilman McComb, seconded by Councilman Wilson that the replat
of Lots 14 4 15 of Zychlinski Subdivision be approved contingent upon and subject
to final conveyance and transfer of the property. Motion passed 5 to 0.
ORDINANCE NO. 110D-2, AMENDMENT TO ELECTRICAL CODE:
Ordinance No. 11OD-2 was read in caption by Councilman McComb. (Second Reading)
It was moved by Councilman McComb, seconded by Councilwoman Coppinger that
Ordinance No. 11OD-2 be passed and approved on second and final reading. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 11OD-2
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER
9, SECTION 9-153 OF THE CODE.OF ORDINANCED, CITY OF PEARLAND,
TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS CONTAINED
THEREIN, AND PROVIDING AN EFFECTIVE DATE.
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
NEW BUSINESS:
PRELIMINARY PLAT OF GLENBROOK ADDITION:
Mayor Reid read a memorandum from Ron Wicker, Director of Planning and Transportation,
advising that the Planning and Zoning Commission approved the preliminary plat of
the Glenbrook Addition and that the plat was ready for Council consideration.
A discussion was held regarding the number of cul-de-sacs in this addition.
It was moved by Councilman Farley, seconded by Councilman Frauenberger that the
Preliminary Plat of Glenbrook Addition be approved. Motion passed 4 to 1.
Councilman Wilson opposed.
RESOLUTION NO. R78-50, A RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE
OF CERTIFICATES OF OBLIGATION - SWIMMING POOL PROJECT:
Resolution No. R78-50 was read in full by Councilwoman Coppinger.
It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that
Resolution No. R78-50 be passed and approved on first and only reading.
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
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 18th day of
December, 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
the following was
tion entitled:
a quorum. Wnereupon, among otner business,
transacted at said meeting: a written resolu-
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 NO. R78-50
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
r 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
i
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 contract in accordance with the arrangements made
by the City Council; and
WHEREAS, the Contractor, as shown on a truo copy of its
Claim No. 6, attached hereto as Exhibit "A" and made a part
hereof as if fully written herein, has submitted said claim
pursuant to said contract; and
i
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 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'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
PAID BY ISSUANCE AMOUNT TO BE
OF CERTIFICATES PAID IPI CASH
CLAIMANT OF OBLIGATION BY CITY
P. G. Bell Company $15,000.00 $61,602.10
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 $15,000.00 and to the Contractor the sum of $61,602.10.
Section 4. There shall be executed and delivered to said
bank Certificates Nos. 56 through 58, aggregating $15,000, of
the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
1978, dated May 1, 1978, and the sum of $61,602.10 shall be
paid in cash by City out of available funds to the Contractor.
Section 5. The Payor, City Secretary, City Treasurer,
and other appropriate City officials, are hereby authorized and
directed to deliver said Certificates above mentioned and to
do any and all things necessary or convenient to carry out the
terms of this resolution.
PASSED AND APPROVED this 18th day of December, 1978.
ATTEST:!
Mayor
CITY OF PEARLAND, TEXAS
1
�--� City Secre
CITY OF P RLAND, TEXAS
(SEAL)
EXHIBIT "A"z$`" ...0
Claim No. 6 Dated: December 18, 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 . . . $390,669.00
2. Less 10% retainage. . . . . . . $ 39,066.90
3. Less previous payments. . . . . $275,000.00
4. Current payment due . . . . $ 76,602.10
5. Amount to be paid Contractor by issuance
of Certificates of Obligation . . . . . . . $ 15,000.00
6. Amount to be paid by City . . $ 61,602.10
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 $15,000.00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State
Bank, Pearland, Texas.
P.G L COMPANY
By
t orized Rep esentative)
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.
14ALCOLM A." COLLINS, ENGINEER
By
RESOLUTION NO. R78-51, A RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF
CERTIFICATES OF OBLIGATION - CITY SERVICE CENTER:
Resolution No. R78-51 was read in full by Councilman Farley.-
It
arley:It was, moved by Councilman Farley, seconded by Councilman Wilson that Resolution
No. R78-51 be passed and approved on first and only reading.
Voting "Aye" Councilman Wilson, Councilman McComb, Councilman Farley,
Councilwoman Coppinger, and Councilman Frauenberger.
Voting "Nay" - None Motion passed 5 to 0.
THE STATE OF TEXAS
r-- 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 18th day of December, 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
9.
and all of said persons were present, except the following absentees: None, thus
constituting a quorum. Whereupon, among other business, the following was
transacted at said meeting: a written 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 NO. R78-51
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 PEARLANb, TEXAS
(the "City"), by resolution adopted February 27, 1978, found
that it was necessary and desir.•able 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 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, 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 r
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. 4, 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 cif s%xch
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 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, Vernons 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 Pearl.and 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. $15,000.00 $1,060.00
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
-2-
VU
r
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 $15,000.00 and to the Contractor the sum of $1,060.00.
Section 4. There shall be executed and delivered to said
bank Certificates Nos. 20 through 22, aggregating $15,000.00, of
the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
1978-A, dated June 1, 1978, and the sum of $1,060.00 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 18th day of Decem r, 1978.
ATTEST:
Mayor
CITY OF PEARLAND, TEXAS
City Secr ary
CITY OF EARLAND, TEXAS
(SEAL)
-3-
97
EXHIBIT "A"
Claim No. 4 Dated: December 18, 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 . . . . . . . $123,400.00
2. Less 10% retainage. . . . . . . . . . . . . . $ 12,340.00
3. Less previous payments. . . . . . $ 95,000.00
4. Current payment due . . . $ 16,060.00
5. Amount to be paid Contractor by issuance
of Certificates of Obligation . . . $ 15,000.00
6. Carry-over to next claim. . . . . . . . . $ 1,060.00
The amount shown in line 4 above represents our claim
against the City of Pearland I Texas, for performance under and
in conformity with the terms and conditions of the contract de-
scribed above; and .$15,000.00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State
Bank, Pearland, Texas.
S &-S CONTRACTING CO.
By�
(Authorized Representative)
(SEAL)
(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
By
, 1, /_ ' cz_
General Building Inspector
ORDINANCE NO. 393, AN ORDINANCE CONTINUING THE TAX IMPOSED BY THE LOCAL SALE AND
USE TAX ACT ON THE SALE AND DISTRIBUTION OF GAS AND ELECTRICITY FOR RESIDENTIAL USE:.
Ordinance No. 393 was read in caption by Mayor Reid. (First Reading)
It was moved by Councilman McComb, seconded by Councilman Farley that Ordinance No.
393 be passed and approved on first of two readings. Said Ordinance reads in
caption as follows: ORDINANCE NO. 393
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CONTINUING THE
TAX IMPOSED BY THE LOCAL SALES AND USE TAX ACT (ARTICLE 1066c,.
VERNON'S TEXAS CIVIL STATUTES) ON THE SALE AND DISTRIBUTION OF
GAS AND ELECTRICITY FOR RESIDENTIAL USE IN SAID CITY, EFFECTIVE
OCTOBER 1, 1979.
98
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley,
Councilwoman Coppinger, and Councilman Frauenberger.
Voting "Nay" - None. Motion passed 5 to 0.
ORDINANCE NO. 246=55, AMENDMENT TO LAND USE & URBAN DEVELOPMENT ORDINANCE -
APPLICATION NO. 64, SOUTH CORRIDOR TWO, LTD. PU TO COMMERCIAL:
Ordinance No. 246-55 was read in caption by Mayor Reid. (First Reading)
It was moved by Councilman Wilson, seconded by Councilman Frauenberger that
Ordinance No. 246-55 be passed and approved on first of two readings. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 246-55
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.
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman
Farley, Councilman McComb,and Councilman Wilson.
Voting "Nay" - None. Motion passed 5 to 0.
PUBLIC HEARING TO RECEIVE INPUT RELATING TO POSSIBLE SIGN ORDINANCE:
Mayor Reid called a Public Hearing for January 15, 1979, at 7:30 P.M. in the City
Hall for the purpose of receiving input from the public regarding the need for an
ordinance regulating advertisement and billboard signs. Councilwoman Coppinger
is Chairperson for the committee investigating this matter.
OTHER BUSINESS:
EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g),
PERSONNEL: RECESSED AT 9:25 P.M. - RECONVENED AT 10:25 P.M.
ADJOURN: The meeting adjourned at 10:26 P.M.
Minutes approved as submitted and/or corrected this a_ day of
yrs A. D., 1979.
ATTEST:
L --City Secretary
� � J
Mayor