1979-02-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
HELD ON FEBRUARY 26, 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
127.
The invocation was given by Councilman Harry Farley. The Pledge of Allegiance was
led by Theta Cessac, President of the Board of Trustees of the Pearland Independent
School District.
APPROVAL OF MINUTES:
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the
minutes of the regular meeting held on February 12, 1979 be approved as submitted.
Motion passed 5 to 0.
It was moved by Councilman Farley, seconded by Councilman McComb that the minutes
of the special meeting held on February 19, 1979, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported that the Volunteer Fire Department held its routine Board of
Directors' meeting for the Firemen's Pension Fund. The.Fire Department has 30
active members on the roster.
Mayor Reid recognized the following guests at the meeting from the Pearland
Independent School District: Bud Bodine, Member of the Board of Trustees;
Preston Bullard, Superintendent of Schools; Theta Cessac, President of the Board
of Trustees.
Mayor Reid administered the Oath of Office to Curtis DuPriest, Chairman of the
Library Board.
COUNCIL ACTIVITY REPORTS:
Councilman McComb advised that a new Seven -Eleven Store is under construction at
the corner of Shadycrest and Highway 518 by the Southland Corporation. It has now
been brought out that while the lots facing 518 in Shadycrest Subdivision are commer-
cial by the deed . restrict ions andit further states that no alcoholic beverages
will be permitted. Also, that there will be no "games of chance" permitted on the
property. One of the citizens of the subdivision has called the Southland Corp-
oration and advised them of the deed restrictions and construction has been stopped
by Southland until the matter can be further investigated.
DEPARTMENTAL REPORTS: None
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
BIDS RECEIVED UNDER BID NO. B79-1, SALE OF FIRE DEPARTMENT TRUCK:
City Manager Wolff advised that one bid was received for the sale of the rescue
truck. This bid was submitted by the League City Volunteer Fire Department in the
amount of $6,526.00.
It was moved by Councilman Frauenberger, seconded by Councilman McComb that the
Pearland Volunteer Fire Department be permitted to sell the Rescue Unit described
in Bid No. B79-1 to the League City Volunteer Fire Department for $6,526.00 on the
basis of cash bid, as is, without warranty. Motion passed 5 to 0.
CHANGE IN ORDER OF BUSINESS:
CITIZENS:
Theta Cessac, President of the Board of Trustees of the Pearland Independent School
District, spoke before the City Council regarding the proposed new school to be
located on Harkey Road. This school will be located outside the City limits;
however, the school would like to have City water services extended to this site.
She advised that negotiations were planned with the Dad's Club regarding the sewage
treatment.
CHANGE IN ORDER OF BUSINESS: NEW BUSINESS:
PROPROSED NEW ELEMENTARY SCHOOL ON HARKEY ROAD:
Mayor Reid appointed City Manager Wolff and Councilman Farley to meet with
representatives of the School District to work out details, and report back to the
City Council.
CHANGE IN ORDER OF BUSINESS: CITIZENS:
James G. Barnett appeared before the City Council and requested permission to
install a private skeet range on his property. He advised that this would be
for he and his family's use.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
REQUEST BY JAMES G. BARNETT TO OPERATE A SKEET SHOOT:
Section 20-4 of the Code of Ordinances of the City prohibits the discharge of any
gun within the City. After discussion of this matter with Mr. Barnett, the following
motion was made:
It was moved by Councilman Farley, seconded by Councilman Frauenberger that the
request by James G. Barnett to operate a private skeet shoot be denied. Motion
passed 5 to 0.
NEW BUSINESS:
APPOINTMENT OF BOARD OF EQUALIZATION:
It was moved by Councilman McComb, seconded by Councilman Farley that the following
individuals be appointed to the Board of Equalization for the tax year 1979:
Ralph Wemhoff; George Hastings; Raymond Vial; Jim Campise; and Toby Lytle.
Also, that the first meeting of the Board be scheduled for 7:30 P.M., April 25,
1979, with the amount of compensation to be set at $15.00 each per meeting attended.
Motion passed 5 to 0.
Mayor Ried administered the Oath of Office to George Hastings and Raymond Vial who
were present at the meeting.
SPECIFIC USE PERMIT:
A Specific Use Permit requested by Luther Cunningham and J. Warford for the
construction of a car wash at Hamm Road and Highway 518 was brought before the
City Council for consideration. The Planning and Zoning Commission recommended
that the City Council approve this Specific Use Permit.
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It was.moved by Councilman Farley, seconded by Councilman McComb that the Specific
Use Permit be approved for Luther Cunningham and J. Warford to construct a Car
Wash on the corner of Hamm Road and Highway 518. Motion passed 5 to 0:
RESOLUTION No..R79-9, A RESOLUTION APPROVING `CLAIM AND AUTHORIZING DELIVERY OF
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CERTIFICATES OF OBLIGATION - SERIES 1976A - CHENNAULT"MATERIAL COMPANY:
Resolution No. R79-9 was read in full by Councilwoman Coppinger.
It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that
�- Resolution No. R79-9 be passed and approved on first and only reading. Said
Resolution reads as follows:
f. 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 26th 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 -wits
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilman
Morris S. Wilson Councilman
Carlton McComb Councilman
Dorothy "h. Cook City Secretary
and all of said persons were resent, except the following ab
r-- sentees
thus constituting a quo um. Whereupon, among other business,
the following -was transacted at said meeting: a written reso-
lution 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 ..Ayeo .
NOES-: __None .
The Mayor thereupon announced that the. Resolution'had been duly
and lawfully adopted. The"Resolution thus.adopted follows
RESOLUTION NO. R79-9
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS -§
CITY OF' PEARLAND
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS
(the "City"), by resolution adopted June 14, 1976, found that
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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
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. 9, attached hereto as Exhibit "A" and made a part
hereof as if fully written herein, has submitted said claim for
furnishing such materials and supplies; and
WHEREAS, the City has received the full benefits of such
contract represented by said claim to the full extent thereof
and to the full extent of the certificates of obligation here-
inafter
ere
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
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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 IN CASH
CLAIMANT OF OBLIGATION BY CITY
Chennault Materials, Inc. $24000.00 $237.00
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
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correct.
Section 2. The claim described in the preamble of this
resolution and fully set forth in Exhibit"A",mentioned in said
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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 $2,000.00 and to the Contractor the sum of $237.00.
Section 4. There shall be executed and delivered to said
bank Certificates Nos. 115 through 116, both inclusive, aggre-
gating $2,000, of the CITY OF PEARLAND, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 1976-A, dated July.l, 1976, and the sum
of $237.00 shall be paid in cash by City out of available funds
to the Contractor.
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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 26th day of Februar 1979.
ATTEST: G
Mayor
CITY OF PEARLAND, TEXAS
City Secretary
CITY OF PEAR D, TEXAS
(SEAL)
EXHIBIT "A"
Claim No. 9 Dated: February 26, 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 . . . . . $74,237.00
2. Less previous payments. . . . . . . . $72,000.00
3. Current payment due . . . . . . . . . $ 2,237.04
4. Amount to be paid Contractor by issuance
of Certificates of Obligation . . $ 2,000.00
5. Amount to be paid by City . . . . . . . . . . $ 237.00
The amount shown in line 3 above represents our claim
against the City of Pearland, Texas, for furnishing materials
and supplies under and in conformity with the terms and condi-
tions of the contract described above; and $2,000.00 of such
claim has been and is hereby assigned in full, without discount,
'to Pearland State Bank, Pearland, Texas.
CHENNAULT MATERIALS, INC.
By
�1,othiz Representative)
( SEAL) -
(Title)
All materials and supplies represented by the claim shown
in line 3 above are in fullaccordance 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
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None
Motion passed 5 to 0.
ORDINANCE NO. 394, AN ORDINANCEGRANTING A FRANCHISE TO THE MECA CORPORATION TO
CONSTRUCT, OPERATE, AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM:
Ordinance No. 394 was read in caption by Mayor Reid. (First Reading)
It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that Ordinance
No. 394 be passed and approved on first of two readings. Said Ordinance reads in
caption as follows:
ORDINANCE NO. 394
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, GRANTING A FRANCHISE TO THE MECA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, AND MAIN-
TAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY,
AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF
THIS FRANCHISE, AND PROVIDING AN EFFECTIVE DATE.
Voting "Aye" Councilman Wilson, Councilman McComb, Councilman Farley,
Councilwoman Coppinger, and Councilman Frauenberger.:
Voting "Nay" - None
OTHER BUSINESS:
Motion passed 5 to 0.
EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW - SECTION 2, SUBSECTION (g), PERSONNEL:
Meeting recessed at 8:35 P.M. - Meeting reconvened to open session at 10:05 P.M.
No action as a result of Ex'ecutive Session.
ADJOURN:
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The meeting adjourned at 10:06 P.M.
Minutes approved as submitted and/or corrected this /,,V_ day of
1979.
ATTEST:
ity Secretary I
r_
G?�
Mayor