1979-02-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON FEBRUARY 12, 1979, AT 7:30 P.M. IN THE CITY HALL, 2335 N. TEXAS AVENUE,
PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Councilman
Councilman
Councilwoman
Councilman
Councilman
City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Tom Reid
Harry Farley
Dennis Frauenberger
Fran Coppinger
Carlton McComb
Morris Wilson
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
The invocation was given by Mayor Pro -Tem Harry Farley. The Pledge of Allegiance
was led by Mr. Bill Horine of the Alvin Junior College.
APPROVAL OF MINUTES:
It was moved by Councilman Farley, seconded by Councilman Wilson that the minutes
of the regular meeting held on January 8, 1979 be approved as submitted. Motion
passed 5 to 0.
It was moved by Councilwoman Coppinger, seconded by Councilman McComb that the
minutes of the special meeting held on January 11, 1979 be approved as submitted.
Motion passed 5 to 0.
It was moved by Councilman Wilson, seconded by Councilman Frauenberger that the
minutes of the regular meeting held on January 22, 1979 be approved as submitted.
Motion passed 4 to 0. Councilman Farley abstained.
It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that
the minutes of the special meeting held on January 29, 1979 be approved as
submitted. Motion passed 3 to 2. Councilman McComb and Councilman Farley
abstained.
MAYOR'S ACTIVITY REPORT:
Mayor Reid issued a Proclamation for the week of February 18, 1979 through
February 24, 1979 as Crime Prevention Week in Pearland.
COUNCIL ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS: None
CITIZENS:
Mr. James G. Barnett had submitted a letter to the Council with a request to
operate a private skeet shoot; however, Mr. Barnett was not present at the meeting.
Bill Horine with Alvin Community College appeared before the City Council and
advised that the Alvin Community College in conjunction with Texas State
University and under the auspices of the U. S. Department of Energy has undertaken
the project of trying to mitigate some effects of energy development in this
County on increased population for whatever reason. He invited the Mayor, City
Council, and any Planners of the City to attend a seminar to be held by the
College on February 24, 1979 at 9:30 A.M.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
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APPROVAL OF CERTIFICATE OF SUBSTANTIAL COMPLETION - SWIMMING POOL, POOL BUILDING AND
APPURTENANCES - P.G. BELL COMPANY:
Ron Wicker reported that most of the items on the correction list furnished by the
City Engineer had been completed with the exception of the parking lot; however,
this is a Substantial Completion.Certificate, and before the final inspection and
payment, all items not corrected will have to be taken care of before the City
Engineer will recommend final approval by the City.
It was moved by Councilman Farley, seconded by Councilman McComb that the Mayor
be authorized to sign the Certificate of Substantial Completion for P.G. Bell Co.
on the swimming pool project. Motion passed;5 to 0.
I RESOLUTION NO. R79-4, A RESOLUTION APPROVING CHANGE ORDER AND CLAIM AUTHORIZING
{r TggTTAKTrP nP rPPTTPTrATPg f1P nRT.TnATTnN - CTATM NO. 5 S. _& S. CONTRACTING COMPANY
(CITY SERVICE CENTER):
Resolution No. R79-4 was read in full by"Gouncilwoman*Coppinger.
It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that
Resolution No. R79-4 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 12th day of
February, 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 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: ir1
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said meeting: a written resolu-
tion 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 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. R79-4
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 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 $153,818.96 (the original amount of $149,200.00
having been previously increased by Change Order No. 1 and
having now been increased by Change Order No. 2, 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. 5, attached hereto as Exhibit "B" and made a part
hereof as if fully written herein, has submitted said claim
pursuant to said contract; and
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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-
finafter authorized to be delivered; and no person, corporation
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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
I
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 "B" and as hereinafter set out:
AMOUNT TO BE AMOUNT TO BE
CLAIMANT PAID NOW CARRIED FORWARD
S & S Contracting Co. $10,000.00 $77.06
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. Change Order No..2 relating to the contract
of the City with S & S Contracting Co., and mentioned in the
preamble of this resolution as Exhibit "A" hereof, is hereby
approved, adopted and ratified.
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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 $10.,000.00 and to the Contractor the sum of $77.06.
Section 5. There shall be executed and delivered to said
bank Certificates Nos. 23 through 24, aggregating $10,000.00,
of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION,
SERIES 1978-A, dated June 1, 1978, and the sum of $77.06 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.
PASSED.AND APPROVED this 12th day of Febr ry, 1979.
ATTEST:3—e,9`f't%
Payor
CITY OF PEARLAND, TEXAS
City Secret y
CITY' OF PE RLAND, TEXAS
(SEAL)'
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EXHIBIT "A"
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CHANGE AORCHI7ECT ❑
ORDiR CONTRACTOR (fir
FIELD
AIA DOCUMENT G701 OTHER
PROJECT: City of Pearland CHANGE ORDER NUMBER. Two
(name, address) City Service Center Addition
Pearland, Texas
TO (Contractor)
ARCHITECT'S PROJECT NO:
j � S & S Contracting Company
2315 Southwest Frwy. CONTRACT FOR: Construction of Various
Suite 102 Metal Builders
L Houston, Texas 77098 _j CONTRACT DATE: July 10, 1978 i
You are directed to make the following changes in this Contract
i
1. Delete requirements for 3 ton window unit Air Conditioning and add 5-ton
Central Air Conditioning System with 19.6 KW Heat Strips, including
elec-trical hook ups.
2. Insulate ceiling& exterior walls of finished
garage area with 3 1/2 " battss delete
insulation in wall between garage & locker rooms & restrooms
3. Add electrical hook up for hot water heater.
4. Relocate 2-110v duplex outlets from storage buildings to garage building.
r
The original Contract Sum was . . . . . . . . . . . . . . . . . . $ 149,200.00
Net change by previous Change Orders. $ 2,318.96
The Contract Sum prior to this Change Order was . $ 151,518.96
The Contract Sum will be (increased) ( ) by this Change Order. . . $ 2,300.00
The new Contract Sum including this Change Order will be . . . . . . . . . . $ 153,818.96
The Contract Time will be (increased) (decreased) (unchanged) by ( ) Days.
— The Date of Completion as of the date of this Change Order therefore is
Cnntj^ne .i ng C'nmpanX _ City of Paarl And,, Tpx_
ARCHITECT CONTRACTOR . OWNER
a 5 SQuthwesst Fey -'� b �&ox 1157
Address Address Addree"�
Houston, Texas ,PeaVland,,Texas
Y.
BY y
DATE - DATE %L12, -`17k- DATE
AIA DOCUMENT G701 CHANGE ORDER APRIL 1970 EDITION •AIA®•Q 1970 THEA•ONE PG£
A.*AERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, NW, WASHINGTON, O C 20006le, f ..
122 EXHIBIT "B"
Claim No. 5 Dated: February 12, 1979
of S & S Contracting Co. (the "Contractor"), against the City
of Pearland, Texas (the "City"), as per contract in the amount
of $153,818.96, between the City and the Contractor:
1. Total completed to date . . . . . . . . . . . $133,418.96
2. Less 10% retainage . . . . . . . . . . . . . . $ 13,341.90
3. Less previous payments. . . . . . . . . . . . $110,000.00
4. Current payment due . . . . . . . . . . $ 10,077.06
5. Amount to be paid Contractor by issuance
of Certificates of Obligation . . . . . . . . $ 10,000.00
6. Carry-over to next claim. . . . . . . . . . $ 77.06
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 $10,000.00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State
Bank, Pearland, Texas.
S & S CONTRACTING CO.
By
( uthorized Representative)
(SEAL)
Rev J /WG/2i
(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 cX"
Ge eral Buildi Inspector
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None. Motion passed 5 to 0.
NEW BUSINESS:
APPOINTMENTS TO LIBRARY BOARD:
It was moved by Councilwoman Coppinger, seconded by Councilman McComb that/ o h owing
appointments be made to the. -Library Board for three year terms: Mrs. Bettye
Alexander, Mr. William Steed, and Mrs. Rosalie.Olah. Motion passed.5 to 0.
Chairman of Library Board to be named later.
PRELIMINARY PLAT - PEARLAND SOUTH INDUSTRIAL PARK:
Ron Wicker, Director of Planning and Transportation, advised that most of the
corrections listed in the City Engineer's letter of •February 1, 1979 were completed
before the plat was presented to the Planning and Zoning Commission; however,. the
requirements for an alley or easement were not felt to be necessary in this case
as building and businesses already existed on these proposed platted lots. .The
applicant is asking that the requirements for the alley or.easement be.waived,as_
Provided for in the Subdivision Ordinance. Presently all of the utilities.are-
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served from the Magnolia Road side. Mr. Wicker recommended that the City Council
approve this Preliminary Plat.
It was moved by Councilman McComb, seconded by Councilman Wilson that the Preliminary
Plat of Pearland South Industrial Park be approved and that the requirement for
alleyway be waived. Motion passed 5 to 0.
PRELIMINARY PLAT - PEARLAND PLAZA:
Ron Wicker, Director of Planning and Transportation, advised the City Council that
the Preliminary Plat of Pearland Plaza has been approved by the Planning and Zoning
Commission and he -recommended that the City Council accept this Preliminary Plat.
The drainage easement along Barry Rose Road has been dedicated under a separate
instrument.
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the
Preliminary Plat of Pearland Plaza be approved. Motion passed 5 to 0.
REQUEST BY JAMES G. BARNETT TO OPERATE SKEET SHOOT:
Mr. Barnett was not present at the meeting. This item was not considered by the
City Council.
MERCER CONSTRUCTION COMPANY'S OFFER OF $3,000.00 TO APPLY TO REWORKING OLD ALVIN RD.:
A letter dated February 2, 1979, from the Mercer Construction Company was brought
before the City Council. In this letter the Mercer Construction Company advised
that they had completed the installation of the 18" sewer line on Old Alvin Road
and offered the City the sum of $3,000.00 to apply toward the cost of reworking
the street. They advised that they could repair the street but did not feel that
any patchwork would hold up for any length of time..
City Manager Wolff recommended that the Council accept the $3,000.00 proposal from
4 Mercer Construction Company. He advised that he concurred with Mr. Mercer's advise
stating that patchwork would not last.
It was moved by Councilman Farley, seconded by Councilman Wilson that the City
accept the Mercer Construction Company's offer of payment of the sum of $3,000.00
in lieu of additional street repair on the 18" sewer line project on Old Alvin
Road. Motion passed 4 to 0. Councilman McComb not present at time of vote.
RESOLUTION NO. R79-7, A RESOLUTION ADOPTING THE PROVISIONS OF ARTICLE 7.15 OF THE
TEXAS ELECTION CODE:
Resolution No. R79-7 was read in full by Councilman Farley.
It was moved by Councilman Farley, seconded by Councilman -Wilson -'.that Resolution No.
R79-7 be passed_and.approved on first and only reading. Said Resolution reads in
caption as. follows:
RESOLUTION NO. R79-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ADOPTING THE PROVISIONS OF ARTICLE 7.15, AND OTHER
PERTINENT PROVISIONS OF THE TEXAS ELECTION CODE, IN REGARD
r--, TO THE REGULAR CITY OFFICERS' ELECTION TO BE HELD ON THE
SEVENTH DAY OF APRIL, 1979.
- Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley,
Councilwoman Coppinger, and Councilman Frauenberger.
Voting "Nay" - None Motion passed 5 to 0.
RESOLUTION NO. R79-8,
ELECTION ON APRIL 7, 1
POSITION 2 AND POSITIO
A RESOLUTION ORDERING THE HOLDING OF A REGULAR CITY OFFICERS'
979, FOR THE PURPOSE OF ELECTION TWO COUNCILPERSONS -
Resolution No. R79-8 was read in full by Councilman McComb.
Y
It was moved by Councilman McComb, seconded by Councilwoman Coppinger that Resolution
No. R79-8 be passed and approved on first and final reading. Said Resolution reads
in caption as follows:
RESOLUTION NO. R79-8
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY
OFFICERS' ELECTION ON THE SEVENTH DAY OF APRIL, 1979, FOR
THE PURPOSE OF ELECTING TWO COUNCILMEN IN AND FOR THE CITY
OF PEARLAND, TEXAS; AND ESTABLISHING PROCEDURES FOR SAID
REGULAR CITY OFFICERS' ELECTION.
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman
Farley, Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
RESOLUTION NO. R79-9, A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICES CONTRACT
(COMPREHENSIVE PLAN UPDATE):
The Mayor advised that he had discussed the materials submitted on the Comprehen-
sive Development Plan Update with Mr. Green of Marmon, Mok, and Green, and he
advised that he felt he could submit the updated material to the City Council and
Planning and Zoning Commission for consideration without the introductory material
which only provides background material and no substantial contribution to the
update plan itself. He advised that the City might consider obtaining an update
of the plan itself as a separate submittal, and at that point, consider this
Resolution. City Manager Wolff is to convey this information to Mr. Green.
KNAPP ROAD - ENGINEER'S MONTHLY ESTIMATE OF WORK 4 MATERIALS FOR WORK COMPLETED
THROUGH JANUARY 31, 1979 BY BROWN 4 ROOT, INC.:
It was moved by Councilman Farley, seconded by Councilman Frauenberger that
Engineer's Monthly Estimate No. 2, Brown 4 Root, Inc., in the amount of
$20,872.13 for work on Knapp Road through January 31, 1979, be approved. Motion
passed 5 to 0.
WALNUT STREET - ENGINEER'S MONTHLY ESTIMATE OF WORK 4 MATERIALS FOR WORK COMPLETED
THROUGH JANUARY 31, 1979 BY MARATHON PAVING COMPANY:
It was moved by Councilman McComb, seconded by Councilman Wilson that Engineer's
Monthly Estimate No. 2, Marathon Paving & Utilities Company, in the amount of
$16,974.76 for work on Walnut Street through January 31, 1979, be approved.
Motion passed 5 to 0.
OTHER BUSINESS:
EXCUSED ABSENCE:
It was moved by Councilman Wilson, seconded by Councilman McComb that the absence
of Councilman Farley from the regular meeting held on January 22, 1979, be
shown as excused absence. Motion passed 4 to 0. Councilman Farley abstained.
EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW - SECTION 2, SUBSECTION (g)
PERSONNEL:
RECESSED INTO EXECUTIVE SESSION AT 8:35 P.M. - RECONVENED TO OPEN SESSION AT 10:12
P.M. - No action as a result of Executive Session.
ADJOURN: The meeting adjourned at 10:13 P.M.
Minutes approved as submitted and/or corrected this day of�c„ ^_
A. D., 1979.
ATTEST:
Mayo r
ty Secretary