1979-01-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON JANUARY 22, 1979, AT 7:35 P.M. IN THE CITY HALL, 2335 N. TEXAS AVENUE,
PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Councilman
Councilwoman
Councilman
Councilman
City Manager
City Attorney
City Secretary
Absent: Councilman Harry Farley.
INVOCATION AND PLEDGE OF ALLEGIANCE:
Tom Reid
Dennis Frauenberger
Fran Coppinger
Carlton McComb
Morris Wilson
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
The invocation was given by City Attorney Bobby J. Williams. The Pledge of Allegiance
was led by David Trombitas.
APPROVAL OF MINUTES: None
MAYOR'S ACTIVITY REPORT:
Mayor Reid issued a Proclamation for the week of February 11, 1979 through February
17, 1979, as NATIONAL HEART WEEK in Pearland. Mr. David Trombitas accepted the
Proclamation on behalf of the National Heart Association.
COUNCIL_ ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS: None
CITIZENS:
Samuel J. Jacobs of Houston Homes, Inc. had requested to appear before the City
Council; however, he was not present at the meeting. Mayor Reid read a letter dated
January 10, 1977 from Mr. Jacobs wherein he requested a change in section 00-11,
Section V of the Land Use and Urban Development Ordinance of the City of Pearland.
This request is to be referred to Ron Wicker for his comments.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
APPROVAL OF CERTIFICATE OF;SUBSTANTIAL COMPLETION - SWIMMING POOL, POOL BUILDING, AND
APPURTENANCES IN INDEPENDENCE PARK - P.G. BELL COMPANY:
This item passed at this time.
NF.W RITSTNFSS
APPOINTMENT OF TWO MEMBERS TO THE ELECTRICAL BOARD:
It was moved by Councilman Wilson, seconded by Councilman McComb that C. E. Wilson
and Charles Michna be appointed as members of the Electrical Board for two year
terms. Motion passed 4 to 0.
r-- TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUND —CASTING OF
VOTES FOR THREE CANDIDATES FOR BOARD OF TRUSTEES:
It was moved by Councilman McComb, seconded by Councilman Frauenberger that the
City of Pearland cast its three votes for the following Trustees for the TML
Workmen's Compensation Joint Insurance Fund to serve for a period of two years:
Alfred H. Koebig, Mayor, Seguin; Ed Wagoner, City Manager, Tyler; and R. Marvin
Townsend, City Manager, Corpus Christi. Motion passed 4 to 0.
AGREEMENT WITH BRAZORIA COUNTY FOR ROADWAY AND DRAINAGE WORK WITHIN THE CORPORATE
LIMITS OF THE CITY OF PEARLAND:
The Mayor read a letter from J. C. Ewing, Road Administrator for Brazoria County,
advising that the 1979 Budget of Commissioners' Precinct 3 of Brazoria County has
1. 0 6
provided for $15,000.00 to be expended for roadway and drainage work within the
corporate limits of the City of Pearland. Ron Wicker's memorandum indicated that
Orange Street from Mykawa Road to Old Alvin Road would be his first recommendation
for this work.
It was moved by Councilman Wilson, seconded by Councilman McComb that the 1979
Budget allocation from Commissioners' Precinct 3 of Brazoria County in the amount
of $15,000.00 go to the resurfacing of Orange Street from Mykawa Road to Old
Alvin Road. Motion passed 3 to 1. Councilwoman Coppinger opposed.
APPROVAL OF PAYMENT - P. G. BELL COMPANY - SWIMMING POOL PROJECT:
It was moved by Councilman McComb, seconded by Councilwoman Coppinger that the
Application and Certificate for Payment to P. G. Bell Company for the period of
December 1, 1978 to December 31, 1978 in the amount of $57,791.70 be approved
for payment. Motion passed 4 to 0.
APPROVAL OF ENGINEER'S MONTHLY ESTIMATE OF WORK 4 MATERIALS NO. 1 - BROWN $ ROOT,
INC. KNAPP ROAD PROJECT (BOND FUNDS):
It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that
Engineer's Monthly Estimate of Work & Materials, No. 1, Brown & Root, Inc. for
work completed through December 31, 1978 in the amount of $79,033.29 on the
Knapp Road Project be approved for payment. Motion passed 4 to 0.
APPROVAL OF ENGINEER'S MONTHLY ESTIMATE OF WORK & MATERIALS NO. 1 - MARATHON
PAVING & UTILITY CONSTRUCTORS, INC. WALNUT STREET PROJECT (BOND FUNDS):
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that
Engineer's Monthly Estimate of Work 4 Materials, No. 1, Marathon Paving & Utility
Constructors, Inc. for work completed through December 31, 1978 in the amount of
$8,485.20 on the Walnut Street Project be approved for payment. Motion passed
4 to 0.
INSTALLATION OF TRAFFIC CONTROL DEVICES, REPORT NO. 36, DIRECTOR OF PLANNING &
TRANSPORTATION:
City Attorney Bobby J. Williams read Ron Wicker's report on Stop Signs (No. 36)
as follows: S.B. on Galveston at Walnut; E.B. on Dixie Hollow at Dixie Farm Rd.;
N.B. on Creekridge at McGinnis; W.B. on Pinehill Dr. E. at Yost Blvd.;
W.B. on Pinehill Dr. E.at Yost; E.B. on Washington Irving at Yost Blvd.;
E.B. on Sleepy Hollow at Yost; W.B. on Sleepy Hollow at Yost Blvd.;
N.B. on Crane at McGinnis; W.B. on Shadybend Dr. at Liberty Dr.;
W.B. on Laura Lane at Liberty; W.B. on Colleen Dr. at Liberty Dr.;
W.B. on Parkview Dr. at Liberty;N.B. on Misty Lane at Shadybend Dr.;
N.B. on Mykawa Rd. at W. Orange;E.B. on Pilgrims Point at Barry Rose;
W.B. on Heritage Green at Barry Rose Road.
It was moved by Councilman Frauenberger, seconded by Councilman McComb that
Report No. 36 concerning the installation of traffic control devices as outlined
and described in this report be affirmed and ratified, and the same be officially
declared to be official traffic devices in and for the City of Pearland, Texas.
Motion passed 4 to 0.
RESOLUTION NO. R79-3, A RESOLUTION APPROVING STATE DEPARTMENT OF HIGHWAYS &
PUBLIC TRANSPORTATION'S PLANS FOR INSTALLATION OF REFLECTORIZED SIGNING AND
PAVEMENT MARKINGS AT GRADE CROSSINGS WITHIN THE CITY LIMITS:
Resolution No. R79-3 was read in full by Councilman McComb.
It was moved by Councilman McComb, seconded by Councilwoman Coppinger that
Resolution No. R79-3 be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
RESOLUTION NO. R79-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE STATE DEPARTMENT OF HIGHWAYS AND
TRANSPORTATION TO PLACE PASSIVE WARNING DEVICES AT PUBLIC
RAILROAD GRADE CROSSINGS IN THE CITY OF.PEARLAND, TEXAS,
AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT.
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman McComb,
'and Councilman Wilson.
Voting "Nay" None Motion passed'4 to 0.
RESOLUTION NO. R79-4, A RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION -CLAIM NO. 5, S & S CONTRACTING COMPANY:
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City Manager Wolff asked that this item not be considered at this meeting. To be
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placed on future agenda.
RESOLUTION NO. R79-5, A RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF
CERTIFICATES OF OBLIGATION, CLAIM NO. 8, CHENNAULT MATERIALS, INC:
Resolution No. R79-5 was read in full by Councilman Frauenberger. 1
5.... It was moved by Councilman Frauenberger, seconded by Councilman Wilson that
Resolution No. R79-5 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 22nd day of
January, 1979, 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
t
`Harry Farley Councilman i
Fran Coppinger Councilman
`Morris S. Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of said persons were present', except the following ab-
sentees: Councilman Harry Farley ,
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said meetings a written reso-
lution entitled:
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Resolutio"-was duly introduced for the consideration j
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
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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:
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RESOLUTION NO. R79-5
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND §
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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 con-
tracts, for the purchase of such materials and supplies would
be let and due and proper notice of its intention to issue
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such certificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract
-
to CHENNAULT MATERIALS, INC., Houston, Texas (the "Contractor")
in the amount of $74,450.00, as the lowest and best bid for the
furnishing of the base material and fill and the Contractor at
the time of the receipt of such bid elected to assign such cer-
tificates 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. 8, attached.hereto as Exhibit "A" and made a part
hereof as if fully written herein, has submitted said claim for
4 furnishing such materials and supplies; and
WHEREAS, the City has received the full benefits of such
contract represented by said.claim to the full.extent thereof
and to the full extent of the certificates of obligation 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 lata; and
WHEREAS, the City does not hold a'claim.of any ]rind or
character which might be properly charged or interroposed as ai
n -
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
i
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
Chennault Materials, Inc. $3,000.00 $154.50 �
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 $3,000.00 and to the. Contractor the -sum of $154.50.
Section 4. There shall be executed and delivered to said
bank Certificates Nos. 112 through 114, both inclusive, aggre-
gating $3,000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 1976-A, dated -July 1, 1976, and the sum
of $154.50 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 22nd day of Janu r , 1979.
_u.. _....
ATTEST.:---
5/Dorothy L. Cook S/Tom
City Secretary,CITY OF PEARD D
Y
.(SEAL)_' I
EXHIBIT "A"
Claim No. 8
Dated: January 22, 1979
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 . . . . . . . . . . . $72,154.50
2. Less previous payments. . . . . . . . . . . . $69,000.00
3. Current payment due . . . . . . . . . . . . . $ 3,154.50
4. Amount to be paid Contractor by issuance
of Certificates of Obligation . . . . . . . . $ 3,000.00
5. Carry-over to next claim. . . . . . . . . . . $ 154.50
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 condi-
tions of the contract described above; and $3,000.00 of such
claim has been and is hereby assigned in full, without discount,
to Pearland State Bank, Pearland, Texas.
(SEAL)
CHENNAULT MATERIALS, INC.
All materials and supplies represented by the claim shown
in line 3 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
e / �
Voting "Aye\' - Councilman Wilson, Councilman McComb, Councilwoman Coppinger,
and Councilman Frauenberger.
Voting "Nay" - None Motion passed 4 to 0.
RESOLUTION NO. R79-6, A RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE
OF CERTIFICATES OF OBLIGATION CLAIM NO. 1 - BROWN & ROOT, INC. (SHADYBEND &
MC DONALD) SERIES 1978B-:
Resolution No. R79-6 was read in full by Councilman Wilson.
It was moved by Councilman Wilson, seconded by Councilman McComb that Resolution
No. R79-6 be passed and approved on first and only reading. Said Resolution
reads as follows:
THE STATE OF TEXAS X
COUNTIES OF BRAZORIA AND HARRIS X
CITY OF PEARLAND X
The City Council of the City of Pearland, Texas, convened in regular
meeting, open to the public, on the 22nd day of January, 1979, at the City
Hall, and the roll was called of the duly constituted officers and members of
the City Council and the City Secretary of the City, to -wit -
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilwoman
Morris S. Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of said persons were present, except the following absentees:
Councilman Harry Farley thus constituting a !
quorum. Whereupon, among other business, the following was transacted at said
I
meeting: a written resolution entitled;
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
1
I
(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.
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II
The Mayor thereupon announced that the Resolution had been duly and lawfully 4
adopted. The Resolution thus adopted follows;
i
RESOLUTION NO. R79-6
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 No. R78-37 adopted September 11, 1978, found that it was necessary
and desirable for the City to furnish.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 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 furnishing materials and
supplies would be let and due and proper notice of its intention to issue such
certificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract to Brown � Root, Inc.,
Houston, Texas (the "Contractor") in the amount of $12,088.75, as the lowest and
best bid for the furnishing of double penetration asphalt, THD Item 22, 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. 1, 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 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, 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 certian of said
certificates of obligation, all as shown on said Exhibit "A" and as hereinafter
113.
set out
AMOUNT TO BE PAID IN CASH j
CLAIMANT PAID NOW BY CITY
Brown & Root, Inc. $8,000.00 $337.25
I
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS THAT:
I
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.
i
Section 3. There is now due and owing to said bank the sum of $8,000.00
and to the Contractor the sum of $337.25.
Section 4. There shall be executed and delivered to said bank Certificates
Nos. 1 through 8, aggregating $8,000.00 of the CITY OF PEARLAND TEXAS,
CERTIFICATES OF OBLIGATION, SERIES 1978B, dated November 1, 1978, and the sum of
$337.25 shall be paid in cash by the City out of available funds 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
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above mentioned and to do any and all things necessary or convenient to carry
j
out the terms of this resolution.
PASSED AND APPROVED this day of
I
y
MAYOR, CITY OF PEARLAND, TEXAS
ATTEST:
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CITY SECRETARY ITY OF PEARLAND, TEXAS
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(SEAL)
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III
II
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114
EXHIBIT "A►►
Claim No. 1
Dated:
of Brown 4 Root, Inc. (the "Contractor"), against the City of Pearland,
Texas (the "City"), as per contract in the amount of $12,088.75, between
the City and the Contractor:
1. Total completed to date . . . . . . . . . . . . . . $8,337.25
2. Current payment due . . . . . . . . . . . . . . . . . . 8,337.25
3. Amount to be paid Contractor by issuance of
Certificates of Obligation . . . . . . . . . . . . . . . 8,000.00
4. Amount to be paid by City . . . . . . . . . . . . . . . 337.25
The amount shown in line 2 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 $8,000.00 of
such claim has been and is hereby assigned in full, without discount, to
Pearland State Bank, Pearland, Texas.
BROWN & ROOT, INC.
(Authorized Representative)
{
0. M. BAKKEN, VICE PRESIDENT
(SEAL) (Title)
---------------------------------------------------------------------------
All materials and supplies represented by the claim shown in line 2
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 'j' p--�,..1 Ls.s3L/.c
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman
McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 4 to 0.
OTHER BUSINESS:
EXECUTIVE SESSION- TEXAS OPEN MEETING'S LAW - SECTION 2, SUBSECTION (g) PERSONNEL:
MEETING RECESSED INTO EXECUTIVE SESSION AT 8:25 P.M. - RECONVENED -INTO OPEN
SESSION AT 9:30 P.M. No action taken as a result of Executive Session.
ADJOURN: The meeting adjourned at 9:31 P.M.
Minutes approved as submitted and/or corrected this /,y_ day of
��---
A. D . , 1979.
ATTEST: Mayor
City Secretary